State of Wisconsin 

DEPARTMENT OF NATURAL RESOURCES 

101 S. Webster Street 

Box 7921 

Madison WI 53707-7921 

Scott Walker, Governor 

Cathy Stepp, Secretary 

Telephone 608-266-2621 

FAX 608-267-3579 

TTY Access via relay - 711 DEPT. OF NATURAL RESOURCES 

August 1, 2013 AUG 0 7 2013 

Dr. Susan Hedman 

U.S. Environmental Protection Agency (EPA)- Region 5 

77 West Jackson Boulevard 

Mail Code: R-19J 

Chicago, IL 60604-3507 

Subject: Completion of Wisconsin's Transportation Conformity Memorandum of Agreement (MOA)-

State Implementation Plan (SIP) Obligation 

Dear Regional Administrator Hedman: 

The Bureau of Air Management is pleased to submit our final, signed Transportation Conformity MOA and 

requests thatthe U.S. EPA incorporate this document into Wisconsin's Conformity SIP. The U.S. EPA allowed 

flexibility in order that the SIP could be developed as a state rule, a memorandum of understanding (MOU), or a 

MOA. Once approved and incorporated into the SIP, the Transportation Conformity MOA governs the 

conformity process instead of the federal conformity rule for any provision included in the SIP. The 

Transportation Conformity MOA became effective on April22, 2013. 

In accordance with ss. 285.11(5) and (6), Wis. Stats., and ch. NR 401, Wis. Adm. Code, the WDNR collaborated 

with the Wisconsin Department of Transportation (WisDOT), the Southeast Regional Planning Commission 

(SEWRPC), Bay-Lake Regional Planning Commission (BLRPC), the U.S. EPA, and the Federal Highway 

Administration (FHW A) to develop the Transportation Conformity MOA. The MOA meets the requirements of 

Clean Air Act Sections 176( c)( 4)(E) and 176( c )(8). 

If you have any questions or comments on the final Transportation Conformity MOA, please send them to the 

attention of Mike Friedlander at (608) 267-0806 or Michael.Friedlander@wisconsin.gov. 

Sincerely, 

/.. .. -12 Jl ~ ~ ________________________ , ___ .. __ _ 

~ov.l' o-- --- ~---------. 

Bart Sponseller, Director 

Bureau of Air Management 

cc: Pat Stevens- AD/8, Pat Trainer- WisDOT, Michael Leslie- U.S. EPA, Dwight McComb- FHWA, 

Christopher Hiebert- SEWPRC, Jeff Agee-Aguayo - BLRPC 

Attach: Final Transportation Conformity Memorandum of Agreement 

RECEIVED 

AUG 05 2013 

U.S. EPA REGION 5 

OFFICE OF REGl0NALADMlN1STRATOR 

dnr.wi.gov 

wisconsin.gov Naturally WISCONSIN Printed on Recycled 

Paper 

' . 2012 MJ;;MORANDUM OF AGREEMENT 

REGARDING 

DETERMINATION-Or CONFORMITY OF TRANSPORTATION PLANS, PROGRAMS 

AND. PROJECTS TO STATE IMPLEMENTATION PLANS 

. . . WHEREAS, Section 176(c) of the Clean- Air Act Amendments of 1990, 42 U.S.C. 

7~q6 (c), requires federally-funded transportation p)ans, programs, and projects that are 

funded or approved under Title ~3, United States Code, or the Federal Transit Act to 

confonn with State and Federal. air quality dem0nstr.ation plans; and 

WHEREAS, on Novembe·r 23, 1993, the Environmental Protection Agency (EPA) 

promulgated its qriginal regulation, 40 C.F.R. parts 51 and 93, to implement the 

requirement th~t Metropolitan Planning Organizations [MPOs]/State DOTs and 

FHWNFTA make conformity determinations on transporta,tion plans and transportation 

improvement programs in nonattainment areas before they are adopted, approved or 

accepted,. and on projects in those areas bef~re they are approved or funded; and 

WHEREAS, EPA determined that each State should have the flexibility to design 

a consultation process that will facilitate the development of approaches to maximize 

both air quality and mobility; and 

WHEREAS, the validity of a conformity. determination depends on proper 

consultation procedures and that each State and particip~tlng agencies should jointly 

develop their own ~gaily enforceable State conformity procedures; and 

WHEREAS, the preamble to EPA's original regulation stated: "EPA-will accept 

State conformity procedures .in any form provided the State can demonstrate. to EPA's 

satisfaction that, as a: matter of $tate law, the State has adequate authority to compel 

::ompliance with the requirements of the State conformity procedures"; and 

WHEREAS, on June 5, 1995, the State of Wisconsin through its Departments of 

Transportation (WisDOT) and Natural Resource.s (WDNR) and the affected MP.Os, the 

Southeastern Wisconsin Regional Planning Commission (SEWRPC) and Bay-Lake 

Regional Planning Commission (BLRPC), entered into a Memorandum of Agreement 

[Agreemen1] that is included in an EPA approved Conformity State Implementation Plan 

{SIP) and to satisfy the requirements ·of the Clean Air Act (CAA), ISTEA, and the 

·implementing regulations of EPA and FHWNFTA; an_d 

WHEREAS, on November 14, 1995, the E:nvironmental Protection Agency (EPA) 

promulgated' a regulation that adopted minor changes to 40 C.F.R. § 51.420, 51.438 

and 51.452 that were incorporated into the Agreement on ·December 20, 1996 an~ 

approved by .EPA as part of the Conformity SIP; an~ 

WHEREAS, on August 15, 1997, the Environmental Protection Agency (EPA) 

promulgated a clar{fied, more flexible and streamlined regulation, 40 C.F.R. § 51.390 

and Part 93, to give State and Local governments more authority in selecting the 

performance measures· used as tests of co!lformity and more discretion when a 

i 

·I 
transportation plan does not conform to a SIP, {for example., to allow motor vehicle 

emissions budgets in a submitted SIP to be used t.o de.termine conformity instead of the 

"build/no-build" test, and to all~w rural areas to choose among several conformity tests 

to address the time period after that co:rered by the SIP); and 

WHEREAS, on April 10, 1998, the Stat~ of Wisconsin through its Departments of 

Transportation (WisDOT) and Natural Resources (WONR) and the affected MPOs, the 

Southeastern Wisconsin Regional Planning Commission· (SEWRPC) and Bay-Lake 

Regional. Planning Com11,1ission (BLRPC}, entered into a Memorandum of Agreement 

[1998 Agreement] that is included in an EPA approved Conformity State Implementation 

Plan (SIP) and to satisfy the requirements of the Clean Air Act (CAA), ISTEA, and the 

imp!ementing regulations of EPA and FHWNFTA;· and 

WHEREAS, the· August 15, 1997 regulations provide that conformity 

determinations will continue as usual in existing nonattainment and maintenance areas 

for several. years and areas not currently subject to conformity will not start until EPA 

approves a Wisconsin State Implementation Plan that addresses the new National 

Ambient Air Quality Standards for ozone (and particulate matter), [Conformity ancl the 

Proposed NAAOS Revisions, 62 Feel. Reg. 158, Pages 43798~99 (1997)); and 

WHEREAS, the rules and regulations for a Transportation Conformity State 

Implementation Plan (SIP) are established in Title 40 CFR Part 93 Determining 

Conformity of Federal Actions .to State or Federal Implementation Plans (referred 

t~ hereafter as the "Conformity Rule") Section 105 Consultation. The Conformity Rule 

outlines the criteria for consultation procedures related to transportation conformity. 

Additional guidance is provided in EPA's January 2009 Guidance for Developing 

Transportation ContormUy State Implementation Plans, and EPA's January 2009 

Guidance for Implementing the Clean Air.Act Ser;tlon 176(c)(8) Transportation 

Control Measwe Substitution and Addition Provision.- -

WHEREAS, The Clean Air Act s: 176{c)(4)(E) as amended by the Safe, . 

Accountable, Fl_exlble, Efficient Transportation Equity Act (SAFETEA~LU), (August, 

2005), significantly streamlined the requirements for state conformity SIPs. Clean Air 

Act s. i 76(o)(4) (E) and 40 GFR s. 51.390(b) of the conformity rule now require states to 

submit conformity SIPS that address only th.e toll9Wing provisions of the federal ·-

conformity rule: a) 40 CFR s. 93.105 which addresses consultation procedures; b) 40 

CFR 93.122{a)(4)(ii) which states that conformity SIPs must require that written 

. commitments to control measures be obtained prior to conformity d'etermlnation if the 

control measures are not included in the metropolitan planning organization's 

transportation plan and transportation improvement program; and c) 40 CFR s. 

93. i25(c) which states that conformity SIPs must require that written commitments to 

mitigation measures be obtained prior to project level conformity determination, and that 

project sponsors comply with such commitments; and 

WHEREAS, Transportation Planning regulations at 23 CFR Highways, Part 450 

establish rules for statewide and metropolitan transportation planning. Regulatory 

citations herein shall refer to the version of the rule in effect at the time the subject 

2 

• ... I 
.. 

activity was initiated. As new federal regulations affecting transportatiol) planning and 

air quality are created in the future, the Transportation Conformity SIP will be updated 

as necessary. 

WHEREAS, WlsDOT, WDNR, U.S. Environmental Protection Agency, Federal 

Highways Administration, and}~~ .. ~ffected MPqs, Southeastern Wisconsin Regional 

Planning Commission (SEWRPC) and Bay-Lake Regional Planning . Commission 

(BLRPC), desire to enjoy the benefits of the .new streamlined and flexible EPA 

regulations as soon as reasonably possible, and have revised· their existing Agreement 

so th.:tt it may be included in a revised Conformity State Implementation Plan revision to 

be submitted to and approved by EPA as soon as reasonably possible, but not later 

than August 15, 1998; and 

WHEREAS, the parties agree and declare that this Agreement and the. 

· consultation procedures herein are enforceable contractual agreements under 

Wisconsin law, as part of the SIP itself under 42 U.S.C. 7506(c)(1 ), and under. the 

following Wisconsin statutory authority: 

. • Section 66.0301, Wis. Stats. Authorizes state agencies to enter into 

legally binding cooperative contracts for the receipt or furnishing of 

services or the joint exercise of any power or duty required or 

authorized by law. Each party to tne- contract rnay act under the 

contract to the full extent of its lawful powers and duties. By statute, this 

law is interpreted liberally in favor of cooperative action. 

·• Sections 285.11 (5) ·and (6) and 285.23, Wis. Stats. Aut~orizes and 

requires WDNR ·to Implement the CM to enhance the quality·, 

management and protection of the State's air resources through 

comprehensive plans for the prevention, abatement and cpntrol of air 

pollution in this State. · 

• Section 85.02, Wis. Stats. Requires all states, regional and municipal 

agencies and commissions created under authority of law shall, when 

dealing with transportation,. follow the recommendations made by 

WisDOT. MPOs are required to enter into agreements with WisDOT 

relating to transportation planning under 23 C.F.R. § 450.314, 

Metropolitan Planning Agreements; WisDOT has authority over the 

development of the Statewide Transportation Improvement Program 

(STIP) and has been delegated the Governor's final approval authority 

over all MPO TIPs Including amendments thereto under 23 U.S.C. 134 

and Chapter 53 of Title 49 [49 U.S.C. §§ 5301 et seq.]. WisDOT will 

not approve any MPO TIP or amendment thereto 'hat contains a 

nonconforming project and will not include a nonconforming TIP in the 

3 

.I 

1-
STIP. Finally, WisDOT has authority over planning funds provided to 

MPOs for transportation planning purposes under state Jaw; and 23 

C.F;R. § 450.320 require MPOs to develop and implement a congestion 

management system in transportation management areas (TMAs) with 

specific requirements for nonattainment areasj and 23 C.F.R. Part 420, 

Subpart A, makes WisDOT responsible for administration of federal 

planning funds to MPOs in Wisconsin for. work to carry out urban 

transportation planning. WisDOT will not request federal or state 

funding for any nonconforming projects, programs or plans and may . 

withhold funds for failure to follow conformity procedures. 

• Sections 20.395 (9)(qx), -84.01(15), 84.015 and 84.03(1), Wis. Slats. 

Authorize and ·direct WfsDOT to expenq funds to construct and maintain 

highways and related projects within the meaning of Title 23, United 

States Code, and all acts amendatory and supplementary thereto, and 

the federal regufations issued under that Code, as well as. to receive 

and expend all fUnds in accordance with the requirements of acts of 

Congress making such funds available. 

·• Section 30.2022(.1), Wis. Stats. Gives the transportation conformity 

· agreements bf?tween WisDOT and WDNR full legal effect in Wisconsin. 

This law requires WisDOT and all activities undertaken through 

WisDOT to follow its agreements and liaison procedures with WDNR or 

be subject fo the prohibitions or permit or approval requirements · 

specified under sees. 29.29, 30,11, 30.12, 30.123, 30.195, 30.20,. 

59.971, 61.351, 62.231 or 87.30, and Chapters 281 to 285 or 289 to 

299, excepts, 281.48, Wis. Stats. · 

• Section 1.11, Wis. Stats. The Wisconsin Environmental Polley Act 

(WEPA), may be enforced by citizens with regard to activities of WDNR 

and WisDOT; and 

WHEREAS, the conformity procedures and agreements in the Conformity State 

Implementation· Plan are also enforceable with regard to federal agency activities in 

Wisconsin pursuant to 42 U,S.C. 7506(c)(1): "No department, agency, or 

instrumentality of the Federal Government. shall engage in, support in any way or 

provide financial assistance for, license or permit, or qpprove any activity which does 

not conform to an implementation plan after it has been approved or promulgated under .. 

sectton 7410 of this title."; and 

WHEREAS, the conformity procedures and agreements in the Conformity State 

·Implementation Plan are also enforceable with regard to metropotitan plal}ning agency 

activities in Wisconsin pursuant to 42 U,S,C 7506(c)(i); "No metropolitan planning 

4 
· .. 

organization desighated under Section 134 of Title 23, United States Code, shall give its 

approval to any project, program, or plan which does not conform to an Implementation 

plan approved or promulgated under section 7 410 of this title." 

NOW, THEREFORE, the parties intending to be legally bound agree that the · 

fqregoing paragraphs are part of this AgreemeQL~JiE.Jhat if any. party fails to comply 

with a provision of the conformity criteria and procedures contained in this Agreement, 

~hat the other parties have. the right to take appropriate action in any court of competent 

jurisdiction to enforce this Agreement. 

The purpose of this Memorandum of Agreement is to implement Section 176(c) of the 

CAA, as amended (42 U.S.C. 7506(c), and the related requirement of 23 U.S.C. 1 090), 

134 and 135 with respect to the Conformity of transportation projects which are 

developed, funded or approved by the USDOT and by the Southeastern Wisconsin 

Regional Planning Commission or Bay Lake Regional Planning_ Commission (referred to ·· herein as ·~he MPO") under Title 23, United States Code, or the Federal Transit Act (49 

U .S.C. 1601 et seq.) with the applicable Implementation plan required under Section 

110 (42 U;S.C. 7410) and Part D of the CAA (42 U.S.C. 7407(d) and 7505(a) relating to 

nonattainment and maintenance areas. Terms used but not defined in this Agreement 

shall have the meaning given to them by the CAA, Title 23 and Title 49, United States 

Code, 40 C.F.R. § 93.101, other EPA regulations, or other US DOT regulaiions, in that 

order of priority. This document shall establish a uniform policy for interagency 

consultation processes involving all affected agencies such that the requirements of 

Clean Air Act section 176(c) are satisfied and that the consultation Issues as described 

in 40 CFR 93.105(c) are addressed. 

A. APPLICABILITY 

The Transportation Conformity SIP applies to arr EPA designated non-attainment and 

malntenance areas for transportation related oriteria pollutants within the state of 

Wisconsin. 

B. TRANSPORTATION CONFORMITY CONSULTATION 

{1) Aff~cted Agencies 

For the purposes of consulting on transportation· conformity issues, the following 

participating agenoies will comprise the Wisconsin Transportation Conformity 

Interagency Consultation Workgroup (WTCICW): 

• Wisconsin Department of Natural Resources (WDNR) 

• Wisconsin Metropolitan Planning Organizations (MPOs} located in EPA 

designated non-attainment and maintenance areas, e.g. The Southeastern 

Wisconsin Regional Planning Commission (SEWRPC) and the Bay-Lake 

Regional Planning Commission (BLRPC) (An MPO. only participates if a 

conformity issue is specific to an area/county served by the MPO}. 

• Wisconsin Department of Transportation (WisDOT) 

5 
• Wiscon,sln Local Public Transit Agencies 

. .. Federal Highway Administration (FHWA) 

• Federal Transit Administration (FT A) 

.. U.S. Environmental Protection Agency (EPA) 

Th.e WTCICW Is a workgro.up that makes technical and policy recommendations 

regarding transportation conformity issues. The w"rl<gn~up will be t:omprised of 

management and technical staff members from the affected agencies associated 

directly with transportation conformity. Each ag·ancy will appoint a designated contact 

·for the WTCICW. The WTCJCW is a forum to continue the dialogue and sharing of 

information between air quality and transportation planning agencies regarding 

transportation conformity. Participating agencies provide coordination, advice, 

consultation, and cooperation regarding air quality and transportation planning. The 

forum uses a variety of communication methods for consultation: meetings, written and 

electronic correspondence, workshops, site visits, telephone discussions, ~nd websites. 

The form of consultation that the WTCICW undertakes largely depends on the proposal, 

the complexity, and the relationship with the parties to be consulted. . . 

(2) Authorities & Limitations 

The affected agencies operate according to spec~ic responsibilities, authorities, and 

limitations under various federal and state laws. In addition, because of an established 

working relationship, the agencies listed above recognize and respect the 

responsibilities, authorities and limitations of the qther participating agencie~. Each 

agency bears a responsibility to provide data ctnd documentation in a timely manner for 

use by other agencies. Each agency is responsible for fcillowing the relevant state and 

federal requirements for public participation, public notice and comment, and formal 

adoption procedures. The respective agencies acknowledge a responsibility to notify 

each other of upcoming actions that will affect the domain of any other affected 

agencie~. 

(3) WTCICW Process Initiation: Transportation Conformity Actionable Events and 

Lead Agency Roles 

The WTCJCW consultation process is to be initiated and directed by the corresponding 

lead agency for the following transportation confonnity~related tasks and events. The 

designation of a lead agency is determined by legal obligations and professional · 

expertise. Any WTCICW member agency may initiate the consultation process to 

address pertinent air quallty or transportation planning issues related to transportation 

conformity events. 

"' Development/review· of draft or revisions to the SIP- lead agency: WDNR; 

• Development of motor vehicle emissions budgets- lead agency: WDNR; 

• Development of periodic emissions inventory for criteria potlutants - lead agency: w~~ . . • Development'review of air quality modeling and or any other analytical methods 

used for SIP development- lead agency: WDNR; 

• Development'review of on road mobile source emissions models and methods -

lead agency: EPA, or WDNR, or MPO; 

6 
• Development/review of travel demand models or any other analytical methods 

used to predict vehicle miles traveled~ lead agency: MPO or WisDOT, or WDNR; 

• Development/review of regionally significant projects and changes ~ lead agency: 

MPO orWisDOT; 

• Development/review of drafts for a new or amended RTP, TIP; -lead agency: M~· - . I . 

• Development of conformity~determination fora new or amended RTP or TIPlead agency: MPO; · 

• Development of conformity detennlnation for projects in non-metropolitan nonattainment and maintenance areas - lead agency: WisDOT; 

• Development of a list of the Transportation Control Measures (TCMs) to be 

considered in the development/review of draft <:if revisions to the SIP, if 

necessary - lead agency: WDNR; · 

• Revisions to a TCM prepared by the MPO for the WDNR to be included in the 

SIP- lead agency: MPO; 

• Notification of pending transportation conformity lap·se - lead agency: FHW A; 

• Notification of SIP actions, including those that may lead to nonconformity and/or 

s·anctions - lead agency: EPA; · 

• Adequacy findings and notification of such findings for motor vehicle emission 

budgets- lead agency: EPA. 

(4) Regular WTCICW Agency Roles & Responsibilities: 

(a)The lead WTCICW agency is responsible for the following: 

• Initiate the WTCICW consultation process according to transportation 

conformity imtionablei events established above; 

• Consult with the appropriate representatives of ihe WTCICW agency; 

• Formulate and distribute WTCICW draft and final meeting agendas to 

representatives of the WTCICW agency in a timely manner; Notify and 

Provide WTCICW agencies draft and final documents and appropriate 

supporting materials prior to formal adoption or publication; 

• Solicit input from the WTCJCW agencies through participation in the 

development of draft documents and supporting materials; 

• Review significant comments from WTCICW agencies and provide 

responses in a timely manner prior to formal adoption of the final 

document; 

• Provide written responses to all comments from WTCICW member 

agencies; 

(b) The non-lead WTCICW agencies are responsible for the following: 

• ~articipate in the WTCJCW consultati-on process according to 

transportation conformity actionable events established above; 

• Consult with the lead WTCICW agency and other WTCICW agencies; 

• Provide input and technical assistance when requested; 

• ·Review and provide timely comments on draft and final documents and 

appropriate supporting information prior to formal adoption 

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C. SPE.CIFIC ROLES & ti.ESPONSIBILITIES 

(1) Wisconsin Department of Natural Resources 

WDNR is the agency responsible for air quality planning, and is responsible for 

developing air qual!ty plans known collectively as the State Implementation Plan (SIP). 

WDNR is responsible for developing emission inventories, emission budgets, air quality 

modeling, and SIP demonstrations and~re~tislons. WDNR consults with affected parties 

and agencies throughout the SIP development and SIP revision processes, conducting 

briefings and workshops to gather ideas, revlews technical findings, and prepares draft 

revisions. Prior to formal adoption or publication, WDNR provides the affected agencies 

with draft documents and supporting materials: WDNR provid.es final documents and 

supporling,lnfotmation to each affectei:l agency after approval or adoption. 

WDNR provides coordfnation, advice, oo1_1sultation, and cooperation to EPA, FHWA, 

FTA, WisDOT, Local Public Transit Agencies, and any MPO during the development of 

any SlP involving TCMs. WDNR Is responsible for providing technical and policy 

guidance to the MPOs and WisDOT regarding procedures to estimate on-road vehicle 

emissions. In addition, WDNR fs the lead agency for maintaining the air qualitymonitoring network and providing regional ambient air data in Wisconsin. WDNR also 

assists the EPA in making air quality moni'!oring data available to the puhlic. 

(2) Metropolitan Planning Organization 

Each MPO is responsible for developing two main products through the transportation 

planning process. The first is a Regional Transportation Plan (RTP) that Includes 

improvements to highways, transit and other transportation modes to meet the 

transportation needs of the area over a minimum 20-year period. The second is a 

Transportation Improvement Program (TIP), a short-range capital improvement program 

for highway, transit, and other transportation modal projects. Both the RTP and th.e TIP 

must conform to the goals and objectives of the CAA, Identified by WDNR in the SIP. 

The MPO is responsible for travel demand model development (or any other analytical 

methods used to predict vehicle miles traveled), estimating mobile sou roe emissions, 

and development ·at TCMs. The MPO will develop mobile source emissions projections 

and evaluate them in relation to mobile source emissions budgets which are to be 

included in the SIP.· The MPO in consultation with other affected agencies will develop 

TCMs if needed to demonstrate either attainment or maintemanoe of the federal 

NAAQS. The MPO is responsible .tor analyzing the mobile source emissions effects of , 

the RTP and T!P. The MPO will make conformity demonstrations for RTPs and TIPs as 

required by the federal CAA and state law. 

The MPO provides coordination, advice; consultation, and cooperation to WDNR, 

WisDOT, EPA, FHWA and Local Public Transit Agencies during the course of the 

development oftransporiation plans, TIPs, and conformity determinations. Prior to 

forma) adoption or publication, the MPO provides the affected agencies with draft 

documents and supporting materials. The MPO provides final documents and · 

supporting information to each affected agency after approval or adoption. Each MPO 

actively coordinates with the other agencies during the transportation planning process. 

8 
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Meetings are scheduled on a ragular basis through technical advisory committees and 

regional planning commission meetings. Jn· addition, meetings are accommodated when 

necessary and when other WTCICW agencies request them. 

(3) Wisconsin Department of Transportation 

WisDOT is responsible for serving on MPO councils and committees, reviewing the 

~-. planning processes, conducting conformity determlnatien;eQJ;\currence re.views on 

RTPs, :YIPs and Statewide Transportation Improvement Programs (STIPs), and · 

balancing local needs and preferences with the !)tate~administered transportation 

system's needs. In non-attainment and maintenance areas where there is no 

designated MPO, WisDOT is the lead transportalion agency and assumes the MPO 

transportation planning responsibilities mentioned in this document. WisDOT wlll make 

conformity demonstrations for projects in non-metropolitan non-attainment and 

maintenance areas. WisDOT's responsibilities will also include providing updated travel 

data, fleet mix data and distribution of .travel vehicle classifications/vehicle type and road 

type. 

(4} Wisconsin Local Public Transit Agencies 

The Local Public Transit Agency is responsible for supporting and conducting 

transportation planning activities for public transportation service, and for providing 

transit operations to accommodate local and re9ional connectivity goals. The Local 

Public Transit Agency should also coordinate with the MPO and WisDOI to identify 

transit projects and impacts. · 

(5} Federal Highway Administration and Federal Transit Administration 

The FHW A and FT A are responsible for participating on MPO committees and task 

forces; reviewing the MPO transportation planning processes; providing transportation 

planning assistance and guidance for RTPs and Tl Ps; approving air quality conformity 

determinations; providing FHWA and FT A air quality and confonnity rules, policies and 

guidance; and providing notification of a pending conformity lapse. 

(6) U.S. Environmental Protection Agency . 

EPA is responsible for: approving updated mobile source vehicle emission mode}s; 

· issuing guidance on conformity criteria and procedures; providing modeling and 

emission inventory development assistance to WDNR, WisDOT, and the MPOs; finding 

mo\orvehicle emission budgets adequate or inadequate; approving ordisapproving SIP 

revisions (including TCMs); and reviewing and commenting on regional emissions 

analyses and conformity determinations for RTPs and TIPs. Where possible, EPA will 

participate. i.n development of and review and comment on drafts of air quality conformity 

analyses. · 

D. "INTERAGENCY COLLABORATION 

(1) Open Dialogue 

WDNR, WisDOT, FHWA/FTA, EPA, the Wisconsin Local Public Transit Agencies and 

the MPOs will engage in an open dialogue through collaborative participation in the 

9 
pfanning processes of other affected agencies. Interagency participation will strengthen 

the relationships betwee11 agencies by establishing each as a planning partner with an 

investment in the entire planning perspective. 

(2) SIP Development Process 

WDNR will include the relevant MPOs and WisDOT in its SIP development process 

h·om the beginning by establishing a specific workgroupJ.or. addressing -any aoncerns of 

the transportation community. The purpose of this work group will b!:! to provide a forum 

to build consensus; in order"to achieve this goal, the work group will meet on a regufar 

basis. Transportation agencies will also participate in the. general meetings and 

consultations that WDN.R undertakes for al.l stakeholders and interested parties during 

SIP development. Through this cooperative planning process, WDNR will establish the 

MVEBs specified in the SIP. 

(3) Transportation Planning Process 

WlsDOT and the MPOs will involve WDNR In 1heir respective transportation planning 

process that produces RTPs and TIPs. The MPOs and WisDOT will design 

transportation plans that conform to the goals and objectives of- the CAA and the motor 

vehicle emission budgets (MVEB) specified in the SfP. WDNR will provide an air quality 

perspective to the transportation planning process by participating In MPO and WlsDOT 

; technical and policy meetings. With consultation and cooperation by WDNR, the MPO 

and WisDOT will assess and develop the long-range mobile source emission budgetary 

needs of the urban and/or rural non-attainment areas that maintain and promote the 

CAA goals and support the economic, demographic, and healthy quality of life in the 

area. WDNR wi!J also provide consultation regarding the development of mobile source 

e~issions budgets, but does not make transportation planning decisions. 

E. INTERAGENCY CONSULTATION PROCESS 

(1) Specific Processes 

The interagency consultation processes involving WDNR, WisDOT, EPA, FHWNFTA, 

MPOs and Local Public Transit Agencies requires that these agencies coordinate, 

advise, consult, and cooperate to address the following issues (see 40 CFR 93.1 OS( c) 

for the paragraphs referenced below). 

(a) Emissions Models find Methods 

The MPO (or WisDOi, for non-attainment areas not included in an MPO) is 

the lead agency for developing transportation and vehicle activity 

assumptions to be used in transp,ortation plans and regional emissions 

analyses. The MPO will develop travel characteristics with input from local 

jurisdictions, Local Public Transit Agencies, and WisDOT. The MPO (or 

WrsDOT, for non-attainment areas not Included in an MPO) is responsible for. 

mobile source emission estimates tor conformity determinations using the 

latest motor vehicle emissions model designated or app!oved by EPA. 

WDNR is the lead agency for documenting meteorological conditions, fuel 

specifications, and program settings to be used in hot spot and regional air 

quality conformity analyses. WDNR will document meteorological conditions 

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in consultation with.t:PA during the SIP development process. The models .. 

and applicable guidance. documents or methodologies to be used for hot spot 

analyses are selected by EPA in collaboration with FHWAIFTA. 

(b) Regionally Significant Projects and Changes 

The MPO (or WisDOT, for non-attainment areas not included in an MPO) is 

the lead agency to identify ~egionally significant projects and significant 

changes to project desiQn.concept or scope. Through the consultation 

process, the WTCICW will make a determination of which_ minor arterials and 

other 1ransportation projects should be considered ''regionally significant'' 

projects, and which projects may have undergone a significant change in 

design concept or scope since. the previous TIP or RTP was approved. 

As traffic conditions change in tlw future, the MPOs, in consultation with 

WDNR, WisDOT, FHWA, and EPA (and Local Public Transit Agencies and 

FTA in cases involving transit facilities) will consider 1) the relative importance 

of minor arterials serving major activity centers, and 2) the absence of . 

principal arterials in the vicinity to determine if. any minor arterials should be 

considered as regionally significant for purposes of re.gional emissions 

analysis. . 

Changes 1o regionally significant projects may or may not necessijate a new 

regional emissions analysis. Representatives from WPNR, MPOs, WisDOT, 

Local Public Transit Agencies, FHWA, FTA, and EPA will meet to develop . 

guid~Jines that-identify significant changes in project design and scope for 

regionally significant projects. Project changes not addressed by the 

guidelines to be developed will be decided on a case by case basis through 

consuftatl~n by these agencies. 

In the SEWRPC region, the current practice is to model all arterials in urban 

areas, and arterials a_nd major collectors in rural areas. In the Sheboygan 

metropolitan planning area, the current practice is to model all arterials and 

collectors. These practices are expected to continue tor the Conformity 

analyses.-Any proposed changes to these practices will be discussed at a 

t:neeting of the WTCICW. . 

(c) Exempt Project Emissions 

The MPO (or WisDOT, for non-attainment areas not included in an MPO) is 

the lead agency for evaluating whether projects otherwise exempted from 

meeting the requirements of Title 40 Protection of Environment CFR §93.126 

and §93.127 should be treated as non-exempt in cases where potential · 

adverse emissions impacts may exist for any reason. 

{d) Transportation Control Measures Delays and Substitutes 

The MPO (or WisDOT, for non-attainment areas not included in an MPO) is 

the lead agency for tracking the implementation of TCMs and making a 

determination whether past obstacles to implementation of TCMs that are 

behind the schedule establishad in the applicable SIP have been identified 

and are being overcome, and whether state and local agencies with influence 

over approvals or funding for TCMs are giving maximum priority to approval 

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or funding for TCMs. The MPO will consider whether delays in TCM 

implementation necessitate revisions to tbe applicable SIP to remove a TCM 

·. or substitu1e a TCM or other transportation-related emission reduction 

measure. 

(e) Exempt Project Revisions . 

The MPO {or WisDOT, for non-attainment areas not included in an MPO) is 

the lead agency. for noiiflcatlollli.to •. affected agencies· of any transportation plan 

or TIP revisions or amendments that merely add or delete exempt projects 

listed in Title 40 Protection of Environment GFR §93.126 or §93.127. · 

(f) Rural Non•Attainment Areas . 

WisDOT is the lead c:tQency for selecting conformity tests and methodologies 

required in isolated rural non-attainment and maintenance areas. 

(2) Consultation: Triggets and Jurisdictions · 

The interagency consultation processes involving the WDNR, WisDOT, FHW NFT A, 

EPA, MPOs and Local Public TransltAgen<:ies·requires tliatthese agencies coordinate, 

advise,, consult-and cooperate to address the following issues: 

(a) Conformity Triggers 

The MPO (orWisDOT, for non-attainment areas not included in an MPO) is 

the lead agency responsible for determination of events that w[JI trigger 

conformity determinations in addition to those identified in §93.1 04 

Frequenoy of Conformity Determinations. 

(b) Multiple Jurisdictions 

WisDOT Is the lead agency responsible for consultation on proc13dures for 

emissions analysis for transportation activities that cross the borders of 

MPOs, non-attainment areas or air basins. 

(3) "Donuf'" Areas . 

The .MPOs and WisDOT will consult in situations where the metropolitan planning area 

does nbt include the entire non-attainment or maintenance area to establish cooperative 

planning and analysis conoerning·conformity qeterminatlons of all projects in the 

nonattainment or maintenance area but outside the MPO planning area. 

·(4} LocaUy Funded Regionally Significant Projects 

The MPOs and WisDOT will consult with-local units of government and public transit 

agencies to identify all regionally significant transportation projects to be included in the_ 

TIP, regardless of whether the projects are federally or locally funded. The procedures 

established by WisDOT and the MPOs to regularly update and amend the TIP, ensure 

that the plans for the construction of regionally significant projects, which are not 

FHW A/FTA projects, are disclosed to the MPOs on a regular basis, and that any 

changes to those plans ar19 immediately disclosed. 

(5f Project Details 

The MPOs and WisDOT will consult as needed to determine In sufficient detail the 

design and scope of proposed projects identified in the preceding paragraph 'to allow for 

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a proper regional emissions analysis in the event that the project sponsors have not yet 

identified these features. 

{6) Travel Model Development _ 

The MPOs and WlsDOT will consult as needed on the design, schedule, funding of 

research_ and data collection efforts for regional transportation model development.-

\:..... ... . ...... -~ .. ; .. : .·~ 

(7) Document Distribution 

The lead agencies will distribute final documents and supporting materials to all . 

agencies identified in Section B Transportation Conformity Consultation after 

approval or adoption. -

F. DISPUTE_RESOLUTION PROCESS 

As specified in Title 40 Protection of Environment CFR 93.105 Consultation (d) 

Resolving Conflicts, conformity related conflicts among WDNR, WisDOT, MPO, and 

_Local Transit Agencies are escalated to the Governor, or designee, if they cannot b~ 

resolved by the heads of the involved agencies. The WDNR has 14 calendar days to 

appeal to the Governor after WisDOT or the MPO has notified the WONR Secretary of 

the resolution of his or her comments. If WDNR appeals to the Governor, the final 

conformity determination must have concurrence of the Governor. -

If the WDNR does not appeal to the Governor within 14 days of receivfng written notioo 

of approval of the conformity analysis, the MPO or WisDOT may proceed with the final 

conformity determination. The Governor may delegate his or her role in this process, but 

not to any member or employee of WDNR, WisDOT, or the relevant MPO.-

G. PUBLIC CONSULTATION PROCEDURES 

When making a conformity determination, the MPO (or WisDOT, for non-attainment 

areas not Included in ah MPO) has established and will continue to implement a 

proactive publlc involvement process which provides opportunity for public review and 

comment prior to taking formal action on a conformity determination for all 

transportation plans and TIPs, consistent with the requirements of Title 23 Highways 

CF~ PM 450.316(a) Interested Parties, Participation, and Consultation, Title 40 

Protection of Environment CFR §93.112 Criteria and Procedures: Con$ultation, and 

Title 49 Transportation CFR Part 7.43 Fee Schedule. 

Additionally, GIS part of the continuing public involvement. process, the MPO (or WfsDOT, 

for non-attainment areas not included in an MPO) will specifically address in writing all 

public comments that known plans for a regionally significant project which is not 

receiving FHWA or FTA funding or approval have not been properly reflected in the 

emissions analysis supporting a proposed conformity finding for a transportation plan or 

TIP. These agencies shall also provide opportunity for public involvement in conformity 

determinations for projects where otherwise required by law. 

H. CONTROL MEASURES 

As specified in Title 40 Proteo1ion of Environment CFR 93.122 (a)(4)(ii) Procedures for 

Determining Regional Transportation-Related Emissions, written commitments from 

the responsible agency must be obtained prior to conformity determination for any 

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transportation control measures identified in the SIP. which are not included in the 

MPO's Transportation Plan orTIP . .Writlen commitments; as specified in Title 40 

Protection of Environment CFR 93.1 Oi Definitions, must be fulfilled, and should 

address funding and implemehtat!on schedule issues consistent with the control 

measure as defined in the SIP:This provision applies to control measures not regulated 

by the state if these measures are used to claim emission reduciions as part of the 

-~- · ·-.Gonf<:Jrmity determination. .,., ......... -.... ,, , 

I. PROJECT LEVEL MITIGATION MEASURES 

As specified In Title 40 Protection of Environment CFR 93.125 (c) Enforceability of 

Design Concept and Scope and Project· Level Mitigation and Control Measures, 

writlen commitments, as defined in Title 40 Protection of Environment GFR 93.101 

Definition, must be obtained from the project sponsor tor any transportation projectlevel mitigation or control measures iqentifled as conditions for NEPA process 

completion, and necessary for a positive project level conformity determination (which 

may include a hot-spot analysis). . 

Project sponsors must comply with such commitments. Mitigatioh measures directed at 

reducing project related construction emissions (such as a dust control plan) but not 

specifically identified as necessary for a positive projeot·levei. (or "Hot Spot") conformity· 

finding, do not require written commitments .. 

J. MODIF(CATION OF THE AGREEMENI 

Any of the principal agencies may propose a revision .to the Agreement, and request 

that representatives of the agencies meet to consider such a revision. This Agreement 

adopt~ by reference the cited provisions of the Wisconsin Statutes, the United States 

Code and Code of Federal Regulation as they exist on the date this Agreement is fully 

executed, but the intent of the parties is to comply with any subsequent mandatory 

changes to the extent practicable and permitted by law. Opportunity shall be given for 

public comment on any revision which proposes a significant change in conformity 

analysis procedures or consultation procedures. The Conformity portion of the SIP will 

be revised to reflect any significant changes to this Agreement. Such changes shall be 

subject to the SIP revision requirements of 40 GFR ss_ 5i.1 02, 51.140 and 51.105. 

This Agreement supersedes the 1998 f\greernent, upon its approval by EPA as a 

Conformity SIP revision. 

14 

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