Pat McCrory 

Governor 

A. Stanley Meiburg 

Acting Regional Administrator 

USEPA, Region 4 

Sam Nunn Federal Center 

61 Forsyth Street, SW 

Atlanta, Georgia 30303-8960 

Director 

July 12,2013 

Subject: North Carolina Transportation Conformity Memorandum of Agreements 

Dear Mr. Meiburg: 

John E. Skvarla, Ill 

Secretary 

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I am pleased to submit the Transportation Conformity Memorandum of Agreements (MOAs). The 

thirteen MOAs represent the collective collaborative efforts between federal, state, local air program 

agencies and metropolitan planning organizations. In compliance with Section 176( c) of the Clean Air 

Act (CAA), the North Carolina Department of Environment and Natural Resources, Division of Air 

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 of the nonattainment or maintenance areas in the state. Enclosed is one hard copy of the 

complete package containing the thirteen MOAs and an exact duplicate electronic copy on a compact 

disk. The MOAs are also being distributed to the remaining partners. 

The DAQ 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's Central 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 of the agency's concerns regarding the MOA language so late in the public 

comment period despite being very much involved and prescriptive in the planning process since 2009 

and accepting the draft language. To avoid further delays in modifying the MOAs and redistributing 

them for a second round of signatures, 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 of Agreement" 

a. The US EPA requested a clarification of the word "termination" and stated that it does 

not appear to match the text in this section. 

The term "termination" was inadvertently left from previous draft versions of the 

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 

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formally adopted into the SIP in the event a party wishes to renegotiate a new 

agreement. 

b. The typographical 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 US EPA on the state's interpretation of "final court action or decree, or by 

reason of preemptive legislation." 

The DAQ would like to clarify the process by which changes will occur to the 

existing State Implementation Plan. If and when the DAQ determines that a final 

court action or decree, or by reason of preemptive legislation renders or declares 

section( s) of the MOA invalid, the DAQ will notify the US EPA of the state's 

interpretation of the impact of the change for the SIP-approved MOA and will 

request that USEPA respond within 30 days to the state's interpretation. The DAQ 

will provide the notification in writing to the Division Director of the Air, Pesticides 

and Toxics Management Division at USEPA Region 4. If the USEPA does not 

object in writing by the end of the 30 day period, the DAQ may implement and/or 

continue to implement compliance with the state's interpretation of the final court 

action or decree, or by reason of preemptive legislation. 

The DAQ believes it has in good faith addressed the requirements of Section 176(c) of the CAA through 

the Transportation Conformity MOA submittals. If you have any questions regarding this submittal, 

please contact Victoria Chandler of my staff at (919) 707-8714 or vicki.chandler@ncdenr.gov. 

SCH/vsc 

Enclosure 

cc Michael Abraczinskas, NCDENR 

Sushma Masemore, NCDENR 

Scott R. Davis, USEPA 

Lynorae Benjamin, USEPA 

Sincerely, 

Sheila C. Holman 

William Barnette, Forsyth County Office of Environmental Assistance and Protection 

Leslie Rhodes, Mecklenburg County Air Quality 

David Brigman, Western Regional Air Quality A@ncy 

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