### Pat McCrory Governor

A. StanleyMeiburg Acting Regional Administrator USEPA, Region 4 SamNunn Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 

### Director July 12,2013

Subject: North CarolinaTransportation Conformity MemorandumofAgreements DearMr. Meiburg: 

### John E. Skvarla, Ill Secretary**~14** \TLANTA.c;A

I am pleasedto submit the Transportation Conformity Memorandum ofAgreements (MOAs). The thirteen MOAs representthe collective collaborative efforts between federal, state, local airprogram agencies and metropolitan planning organizations. In compliance with Section 176(c) ofthe Clean Air Act (CAA), the North Carolina Department ofEnvironment and Natural Resources, Division ofAir Quality (DAQ) chose, through rulemaking as referenced in 15A NCAC 02D .2005, to develop Conformity MOAs to ensure that interagency consultation procedures for transportation conformity are followed in each ofthe nonattainment ormaintenance areas in the state. Enclosed is one hard copy ofthe complete package containingthe thirteen MOAs and an exact duplicate electronic copy on a compact disk. The MOAs are also being distributed to the remaining partners. TheDAQ issued a public notice announcement on July 20, 2012, indicating that the MOAs were available for public comment until August 24, 2012. The DAQ posted the MOAs on its website, and provided access to the documents for review in person at DAQ'sCentral Office in Raleigh and seven regional offices throughout the state. The public notice announcement also indicated that the public could request a public hearing. No requests for a public hearing were received. Comments were received from the U.S. Environmental Protection Agency (USEPA) on August 31,2012. We welcome the USEPA's input into the state implementation planning process, but we were surprised and disappointed to learn ofthe agency's concerns regarding the MOA language so late in the public comment period despite being very much involved and prescriptive in the planningprocess since 2009 and accepting the draft language. To avoid further delays in modifying the MOAs and redistributing themfor a secondround ofsignatures, the DAQ has elected to address the USEPA comments through this letter. This approach has been accepted by the USEPA as evidenced by its signatures on the MOAs. I. Section 11.0 "Termination ofAgreement" a. The USEPArequested a clarification ofthe word "termination" and stated that it does not appearto match the text in this section. The term "termination" was inadvertently left from previous draft versions ofthe MOAs. The supporting language in Subsection 11.1 is accurate. The DAQ intends to keep the MOAs in effect until a new agreement is approved by all parties and 1641 Mail Service Center, Raleigh, North Carolina 27699-1641 217 West Jones Street, Raleigh, North Carolina 27603 Phone: 919-707-8401 I Fax: 919-715-0718 Internet: www.ncair.org An Equal Opportunity\Affirmative Action Employer- Made in part by Recycled Paper

# - - A. Stanley Meiburg July 12,2013 Page 2 formally adopted into the SIP in the event a party wishes to renegotiate a new agreement. b. Thetypographical error in the first paragraph, second sentence has been corrected as stated in USEPA's letter. 2. Section 12.4 under "Savings Provisions and Other" a. The USEPA requested clarification on how the state will notify and seek agreement from the USEPA on the state's interpretation of"final court action ordecree, or by reason ofpreemptive legislation." The DAQ would like to clarify the process by which changes will occurto the existing State Implementation Plan. Ifand when the DAQ determines that a final court action or decree, or by reason ofpreemptive legislation renders ordeclares section(s) ofthe MOAinvalid, the DAQ will notify the USEPAofthe state's interpretation ofthe impact ofthe change for the SIP-approved MOA and will request that USEPArespond within 30days to the state'sinterpretation. The DAQ will provide the notification in writing to the Division Director ofthe Air, Pesticides and Toxics Management Division at USEPA Region 4. Ifthe USEPA does not object in writing by the endofthe 30day period, the DAQ may implement and/or continue to implement compliance with the state's interpretation ofthe final court action or decree, or by reason ofpreemptive legislation. The DAQ believes it has in goodfaith addressed the requirements ofSection 176(c) ofthe CAA through the Transportation Conformity MOA submittals. Ifyou have any questions regarding this submittal, please contact Victoria Chandler of my staffat (919) 707-8714 or vicki.chandler@ncdenr.gov.

SCH/vsc Enclosure

cc Michael Abraczinskas, NCDENR SushmaMasemore, NCDENR Scott R. Davis, USEPA Lynorae Benjamin, USEPA Sincerely,

Sheila C. Holman

William Barnette, Forsyth County Office ofEnvironmental Assistance and Protection Leslie Rhodes, Mecklenburg County Air Quality David Brigman, Western Regional Air Quality A@ncy 

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