### MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, made as ofthe last day writtenbelow, by and between the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (hereinafter, "NCDOT"), the NORTH CAROLINADEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (hereinafter, "NCDENR"), the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (hereinafter, "USEPA"), the FEDERAL HIGHWAY ADMINISTRATION (hereinafter, "FHWA"), the FEDERAL TRANSIT ADMINISTRATION (hereinafter, "FTA") and collectivelyreferred to hereinafter as the Parties.



### RECITALS WHEREAS, the Parties enter into this Memorandum ofAgreement (hereinafter, "Agreement") for the purpose ofimplementing interagency consultationprocedures for developing a State Implementation Plan (hereinafter, "SIP") and/orrevisions, State Transportation Improvement Programs (hereinafter, "STIP"), and conformity determinations ofMPO TIPs, and FHWA/FTA projects; WHEREAS, the Parties enter into this Agreement in accordance with Section 176(c)(4)(E) ofthe CleanAirAct (hereinafter, "CAA''), as amended (42 U.S.C. 7401 et seq.) with respect to the conformity ofMPO TIPs andFHWA/FTAprojects, which are developed, funded or approved by the United States Department ofTransportation (hereinafter, "USDOT") andby the NCDOT or other recipients offunds under Title 23 U.S.C., orthe Federal Transit Act (49 U.S.C. Chapter 53.), and Title 15ANorth Carolina Administrative Code (hereinafter, "N.C.A.C."), Subchapter 2D, Section .2000 relating to nonattainment and maintenance areas; WHEREAS, the NCDOT desires to complywith the aforementioned federal laws and regulations and parallel state and local laws andregulations bypreparing, modifying and evaluating the applicable projects from the STIP and an MPOs TIP (which include Regionally Significant Projects) in accordance withthe SIP and making it's a conformity determination in accordance withthe state transportation plan and STIP and in orderto preserve the integrity of the SIP; WHEREAS, NCDENRdesires to assist the NCDOT in its compliance withthe aforementioned federal requirements and must enforce applicable environmental state laws andregulations; WHEREAS, USEPA desires to effectively enforce the relevant federal laws andregulations regarding air quality and compliance with SIP requirements; WHEREAS, FHW A desires to effectively enforce and administer the relevant aforementioned federal laws andregulations regarding metropolitan and statewide transportation planning and transportation conformity; WHEREAS, FT A desires to effectively enforce and administer the relevant aforementioned federal laws and regulations regarding metropolitan and statewide transportation planning and transportation conformity; and

1WHEREAS, the Parties wish to worktogether to performthe duties imposedupon them by law and to coordinate among themselves for efficient and thorough planning for air quality in the geographic area outside the MPOs. THEREFORE, in consideration ofthese conditions and for good and valuable consideration and the benefits flowing to the Parties from each other, the receipt ofwhich is hereby acknowledged, and in further consideration ofthe mutual covenants, terms, conditions andrestrictions hereinafter set forth, the Parties hereby agree as follows: 

### PURPOSE The purpose ofthis MOA is to satisfy the requirement in Clean AirAct section 176(c)(4)(E) to create a state conformity SIP containing the following three requirements ofthe Federal Transportation Conformity Rule, 40 CFRpart 93 subpart A: (1) 40 CFR 93.105, which addresses consultationprocedures; (2) 40 CFR 93.122(a)(4)(ii), which states that conformity SIPs must require written commitments to control measures to be obtainedprior to a conformity determination ifthe control measures are not included in an Metropolitan Planning Organization's transportation plan and transportation improvementprogram, and that such commitments be fulfilled; and (3) 40 CFR 93.125(c), which states that conformity SIPs must require written commitments to mitigation measures to be obtainedpriorto a project-level conformity determination, and that project sponsors comply with such commitments. 

### 1.0 DEFINITIONS 1.1 "Conformity"-- refers to the status oftransportation plans, programs andprojects within a region designated as nonattainment ormaintenance for transportation relatedpollutants, as to whether they comply with air emission levels and standards required by existing state and/or federal implementationplans for that region. 

### 1.2 "Consultation"-- means when one Party confers with another identified Party, prior to any final decision, provides all information necessary to that Party needed for meaningful input, and considers and responds to the views ofthat Party in a timely written manner. 

### 1.3 "Interagency Consultation Conformity Determination Meeting"

-- refers to a meeting calledbyNCDOT, the MPO or its designee and open to all Parties, designed to establish agreed upon procedures, protocols, and schedules for conducting a conformity analysis and determination. 

### 1.4 "State Implementation Plan" (SIP)

-- means documents, including, butnot limited to, State adopted regulations, attainment demonstrations, and maintenance plans, submittedby North Carolina to, and approvedby, the USEPA, orthe mostrecent revision thereof, in accordance with Sections 110, 301(d) and 175(A) ofthe CAA (42 U.S.C. 7410, 7601, and 7505(a)) andregulations promulgatedby USEPA pursuantto the provisions ofthose sections.

21.5 

### "Statewide Interagency Consultation Meetings" (SICM)

-- refers to regularly scheduled informational meetings, sponsored byNCDENRto which all Parties that are required to have air quality conformity determinations under Title 15A N.C.A.C. Subchapter 2D, Section .2000 are invited, including all MPOs and Regional Planning Organizations throughout the State. 1.6 

### "Statewide Transportation Improvement Program" (STIP)

-- means a staged, multiyear, statewide, intermodal program oftransportation projects, which is consistent with the statewide transportation plan and planning processes, MPO TIPs and processes. 1.

### 7 "Timely"

- means within the timeframe agreed to in the schedule set at the Interagency Consultation Conformity DeterminationMeeting(s). 1.8 

### "TIP" -Atransportation improvementprogram developed by a metropolitan planning organization. 1.9 

### "Transportation Providers"

- means public agencies that provide transportation services to the public, these agencies are publicly owned and operated. 1.10 

### "Parties"- means representatives from all signatory agencies to this Agreement. 1.11 

### All other terms used herein but not defined in this Agreement shall have the meaning given to thembythe CAA, Title 23 and 49 U.S.C. 40 CFR 93.101, other USEPA regulations, other USDOTregulations, or 15A NCAC 2D.



### 2.0 DUTIES OF THE PARTIES The roles and responsibilities ofeach Party are definedbelow. 2.0.1 Each Party member shall determine which staffmembers will represent the Party in the conformity process and shall take responsibility to see that the appropriate representatives are available to ensure a cooperative process and adequate communication among the Parties. Each Party shall choose its representative(s) and at least one alternate staffperson for interagency consultation andprovide their names and contact information to NCDENR. It

### is the responsibility ofeach Party to notify NCDENR ofchanges in their appointed designee(s) or contacts(s).

32.0.2 All Parties shall review andprovide comments to the NCDOT on draft TIPs and conformity analyses. All Parties shall review andprovide comments to NCDENR on draft SIP submissions. All Parties shall review andprovide comments to NCDOT and/or local project sponsors on project-level conformity determination prepared during the National Environmental Policy Act (NEPA) process for FHW A/PTAprojects located in the NCDOTjurisdiction. Parties shall provide theirtimely review comments to these agencies within twenty-one (21) days of receipt ofdraft documents unless an alternate deadline has been agreedupon at a consultation meeting. The NCDENR orNCDOT, as appropriate, shall respond in writing to all Parties to explain how comments were addressed orwhy they were not addressed in the subsequent version ofthe document that is distributed to all Parties. 

### 2.1 NCDOT DUTIES 2.1.1 Inregions where there is no Metropolitan Planning Organization (hereinafter "MPO") or another entity assigned such duties through consultation with the Parties, the NCDOT shall sponsor the Interagency Consultation Conformity DeterminationMeetings and prepare meeting agendas and meeting materials required for fulfillment ofconsultation procedures outlined in this Agreement. NCDOT shall also participate in other appropriate committees/meetings established to discuss with the Parties onthe development ofa revised statewide transportation plan, including programs and projects. 2.1.2 The NCDOT shall prepare meeting summaries and conclusions ofsaid Interagency Consultation Conformity DeterminationMeetings and other appropriate meetings it sponsors. The NCDOT shall provide meeting summaries and conclusions to all Parties within a time manner not to exceed 14 days after the meeting. The other Parties mayprovide comments onmeeting summaries/conclusions to the NCDOT within a time manner notto exceed 14 days, copying other Parties. The NCDOT shall respond to comments from Parties in writing within a time manner not to exceed 14 days ofreceiving comments. The NCDOT's response to comments shall be distributed to all Parties. 2.1.3 The NCDOT shall consult with the Parties onthe development process for TIPs and amendments thereto. This process will beginno later than one year prior to when the conformity determination is needed. 2.1.4 NCDOT shall consult with the Parties to develop TIPs and amendments thereto bythe dates agreed to in the Interagency Consultation Conformity DeterminationMeeting, as well as, provide notification ofthe TIP revisions and amendments that add or delete exemptprojects as listed in 93.126 or 93.127.

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### 2.1.5 NCDOT shall consult with the Parties to develop the STIP and amendments thereto. Furthermore, NCDOT shall keep the Parties apprised ofthe status and content ofstatewide transportation plans and the STIP. 2.1.6 Before the NCDOT conducts conformity analyses and determinations, as initiatedunder the terms and conditions ofthis Agreement, the NCDOT shall initiate and facilitate an Interagency Consultation Conformity DeterminationMeeting with all Parties on proposedprocedures and protocol for conducting and performing conformity analysis prior to making a conformity determination. This meeting will take place not later than one year prior to when the conformity determination is needed. 2.1.7 The NCDOT shall provide information requestedby other Parties to track the implementation oftransportation control measures funded by the NCDOT, or local municipalities, and included in the SIP bythe dates agreed to in the Interagency Consultation Conformity Determination Meeting. 2.1.8 The NCDOT shall be responsible for development and maintenance ofthe travel demand model for the non MPO areas, or the development ofother tools appropriate for the conformity analyses. The NCDOT may delegate suchresponsibility to a thirdparty or enter into agreements with NCDOT and/or neighboring MPOs to develop a regional travel demand model or other tools. AnyParty delegating responsibility to a third party shall notify the third party, in writing, that all documentation is subject to the applicable public records law. Responsibility for development and maintenance ofa regional travel demand model should be established through a separate memorandum ofagreement between the affected MPOs andNCDOT. 2.1.9 NCDOT shall participate in the development and review oftransportation system emissions modeling activities and projection procedures to ensure consistency ofair quality and transportation system evaluation. 2.1.10 Upon written request by the Parties, the NCDOT shall provide all Parties with available travel data needed to determine various transportation emissions budgets, ifthey are responsible for this data. 2.1.11 The NCDOT shall assist NCDENR as needed for modifications or revisions to the SIP, which will include the assessment ofeffectiveness of existing Transportation Control Measures (TCMs) and implementation of potential TCMs for inclusion in the SIP, and providing critical input to the SIP development process, such as vehicle miles traveled (VMT) and speed assumptions for various road classifications. 2.1.12 NCDOT shall also provide information requestedby other Parties to track the implementation ofTCMs included in the SIP by the dates agreedto in the Interagency Consultation Conformity Determination Meeting.

52.1.13 NCDOT shall conduct project level conformity analysis for NCDOT sponsored projects as part ofthe NEPAprocess for FHW A/FTA projects located outside the MPO in the RPO Boundaries. 2.1.14 The NCDOT shall submit concurrently, upon completion, a draft and/or final TIP document and related conformity determination to the NCDOT, NCDENR, and three copies to FHW A (FHW A will coordinate the federal review effort and will forward the documents to FTA andUSEPA unless an alternate coordination process is specified through interagency consultation). The NCDOT shall respond in writing to comments made bythe other Parties on draft documents. 2.1.15 The NCDOT shall maintain procedures for public involvement in the conformity determination process consistent with its adopted Public Involvement Procedures including receiving and responding to public input on conformity findings, consistent with 23 CFR 450.316(a) and 40 CFR 93.105(e). 2.1.16 The NCDOT shall submit a written request for emission factors required for conformity determination :from NCDENR or its designee. 2.1.17 Enforceability ofDesign Concept and Scope and Project-Level Mitigation and Control Measures 2.1.17.1 Prior to making a conformity determination on the applicable projects :from the STIP, the NCDOTwill ensure any project level mitigation or control measures are included in the project design concept and scope and are appropriately identified in the regional emissions analysis used inthe conformity analysis. 2.1.17.2 The NCDOT shall fulfill commitments made for mitigation measures that were required for facilitating positive conformity determinations. 2.1.17.3 Written commitments to mitigation measures mustbe obtained priorto a positive conformity determination, and project sponsors and/or operators must comply with the agreed upon commitment obligations (in accordance with 40 CFR 93 .122(a)(4)(ii). 2.1.17.4 The NCDOT shall obtain written commitments :from the project sponsor and/or operator to fulfill and complete all ofthe projects and operations identified bythe project-level National Environmental Policy Act (NEPA) mitigation or control measures with respect to local hot spot analysis.

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### 2.2 NCDENR DUTIES 2.2.1 NCDENR shall maintain a list ofcurrent interagency consultation members and distribute it to all members whenever a change in membership occurs. 2.2.2 NCDENR shall participate in the Interagency Consultation Conformity Determination Meetings, sponsor the SICM Meetings, and other appropriate committees/meetings established to advise the Parties on SIP and emissions control strategies and programs particularly as these relate to transportation issues. 2.2.3 NCDENR shall participate in consultations with the Parties regarding the developmentprocess for TIPs and amendments thereto. 2.2.4 NCDENR shall participate in the development and review of transportation system and emissions modeling activities andprojection procedures to ensure consistency ofair quality and transportation system evaluation. 2.2.5 NCDENR shall ensure the SIP is developed using appropriate emissions and control measures. NCDENR is to develop the applicable motor vehicle emission budgets in consultation with the Parties to ensure that accurate andup-to-date data assumptions are being used at the initial phases ofthe development ofthe SIP bythe deadline establishedby NCDENR during the consultationprocess. NCDENR shall update the SIP consistent with Federal CAA requirements. 2.2.6 NCDENR shall provide applicable transportation-related emission budgets and revisions to the NCDOT and USDOT (FHW A and FTA). 2.2.7 NCDENR shall keep the Parties apprised ofits SIP revision submittals and USEPA's approval thereofandprovide for and respond in writing to comments made by the NCDOT and the other Parties in transportationrelated SIP development processes. 2.2.8 NCDENR shall obtain NCDOT approval for the inclusion of transportation related TCMs (for any TCM funded by the federal and state transportation budgets or local funds and where the implementing agency is the NCDOT) in the SIP. 2.2.9 NCDENR shall provide a list ofTCMs included in the SIP as well as their SIP implementation schedules at the Interagency Consultation Conformity DeterminationMeeting.



### 72.2.10 Upon initiating a modification or revision to the SIP, NCDENR shall consult withNCDOT, which will include the assessment ofeffectiveness ofexisting TCMs and implementation ofpotential TCMs for inclusion in the SIP. A draft version ofthe SIP will be shared with the Parties, at a minimum, 30 days prior to the public commentperiod ending. 2.2.11 NCDENR shall consult and review project narratives providedby NCDOT or appropriate project sponsor to determine ifa roadway project is an air quality concernbased on 40 CFR 93. 2.2.12 NCDENR, at the written request ofNCDOT, shall provide appropriate emission factors to NCDOT for completion ofthe conformity analysis. NCDENR shall provide a schedule for completion ofwork within two (2) business days ofthe written request. NCDENR shall consult with NCDOT for the availability and appropriate use oflocal data in the latest EPA-approved emissions model. 2.2.13 NCDENR shall review andprovide comments to the NCDOT on draft conformity analyses. NCDENR shall provide timely review comments to the NCDOT within twenty-one (21) days ofreceipt for inclusion in the final report in accordance with the terms and conditions ofthis Agreement. 

### 2.3 FHWA and FTA (USDOT) DUTIES 2.3.1 FHWA andFTA shall consult with the Parties regarding the SICM Meetings, the Interagency Consultation ConformityDetermination Meetings and other appropriate committees/meetings established to advise the Parties onthe development oftransportation plans, programs and projects, particularly as these relate to air quality-related issues. 2.3.2 FHWA andFTA shall advise the Parties ofchanges to USDOT technical, regulatory, and policy guidance as it relates to the planning process and conformity. 2.3.3 FHWA and FTA shall assist NCDENR, NCDOT as needed for modifications orrevisions to the SIP, which will include the assessment of effectiveness ofexisting TCMs and implementation ofpotential TCMs for inclusion in the SIP. 2.3.4 FHWA andFTA shall assess the NCDOT's compliance with public participation policy andprocedures that meetthe requirements of23 CFR 450.316(a) and 40 CFR 93.105(e). 2.3.5 FHWA andFTA shall provide written comments to the other Parties concerningboth draft and final conformity findings in accordance with the terms ofthis Agreement. The final conformity finding made by FHW A shallbe consistent with the requirements ofthe national conformity memorandum ofunderstanding.

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### 2.3.6 FHW A shall review andprovide timely approval or rejection, in writing, ofthe final conformity determination report by the NCDOT ofan amended and/or adopted transportation plan, program orproject subject to conformity analysis and determination according to this Agreement by the dates agreed to in the Interagency Consultation Conformity Determination Meetings. 2.3.7 The FHWA will coordinate the federal review effort and will forward copies ofthe draft or final TIP document and related conformity determination to the FTA and USEPA unless an alternate coordination process is specified through interagency consultation. 2.3.8 In accordance with 40 CFR 93.125(c), priorto making a project-level conformity determination for a transportation project, FHWA must obtain from the project sponsor and/or operator written commitments, as defined in 40 CFR 93.101, to implement any project-level mitigation or control measures in the construction or operation ofthe project identified as conditions for NEPA process completion. The written commitments to implement those project-level mitigation or control measures must be fulfilled bythe appropriate entities. 2.3.9 FHW A shall be responsible for final approval orrejection ofproject level conformity determinations on FHW A projects. 

### 2.4 USEPA DUTIES 2.4.1 USEPA shall participate in the SICM Meetings, the Interagency Consultation Conformity Determination Meetings and other appropriate committees/meetings established to advise the Parties on the development oftransportation plans, programs and projects, particularly as these relate to air quality-related issues. 2.4.2 USEPA shall advise the Parties ofchanges to USEPA policy, regulation, and guidance related to air quality and conformity. 2.4.3 USEPA shall review and comment, in writing to FHWA and the NCDOT, on draft and final conformity analyses in accordance with the terms ofthis Agreement and consistent with the requirements ofthe national conformity memorandum ofunderstanding within twenty-one (21) days of receipt. 2.4.4 USEPA shall assist NCDENR, NCDOT as needed for modifications or revisions to the SIP, which will include the assessment ofeffectiveness of existing TCMs and implementation ofpotential TCMs for inclusion in the SIP.

92.4.5 USEPA shall review the adequacy ofthe Motor Vehicle Emissions Budgets, and determine the approvability ofsubmitted SIPs, including the Conformity SIP (the subject ofthis MOA) and any subsequentrevisions, and ofcontrol strategy SIPs and any revisions. USEPA's determination of approvability shall be in writing andprovided to all Parties. 2.4.6 USEPA shall be consulted with and will review compliance for hotspot requirements related to individual PHW A/PTA projects andprovide comment in writing.



### 3.0 CONTENT AND SUBMISSION OF TRANSPORTATION PLANS, PROGRAMS AND PROJECTS 3.1 CONTENT AND DESIGN The STIP, programs and/or projects to be analyzed for conformity shall meet the requirements ofthe current federal transportation authorizing legislation, and the most current USDOT and USEPA regulations. Atthe time that a new orrevised transportation plan is proposed, NCDOT and local transportation planning agencies, shall prepare a list ofnew or modified transportation projects and services included in the transportation plan and identify the time frame each newproject or service is expected to become operational. 

### 3.2 PUBLIC PARTICIPATION Conformity determinations for STIPs shall follow the specific public involvement process establishedbythe MPO, consistent with the requirements of23 CPRPart 450, whichprovides opportunity for public review and comment priorto formal action on a conformity determination. The public review mustprovide reasonable public access to technical andpolicy information consideredby the affected parties in making the conformity determination. Conformity determinations in isolatedrural nonattainment and maintenance areas and rural portions ofnonattainment andmaintenance areas outside the MPO boundaries shall follow the specific public involvement process establishedbyNCDOT, consistent with the requirements of23 CPRPart 450, whichprovides opportunity for public review and commentprior to formal action to update the STIP. Any charges imposed for public review and copying should be consistent with applicable fee schedules includingbut not limitedto 49 CPR 7.43 andN.C.G.S. §132-6.2.



### 4.0 STATEWIDE INTERAGENCY CONSULTATION MEETINGS NCDENR shall sponsor a SICM Meeting on a regular basis for the purpose ofkeeping all Parties and all RPOs/MPOs abreast ofnew information concerningtransportation planning generally and as it relates to conformity analysis and determination.

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### 4.1 MEETING FREQUENCY Statewide Interagency Consulting Meetings shall be heldmonthly unless otherwise agreed upon by all Parties. Meeting dates shall be determinedbyNCDENR after consultation with the Parties. The meeting shall consist ofupdates and otherpertinent informationprovidedby each Party. 

### 4.2 SPECIAL MEETINGS IfNCDENR determines, in consultation with other Parties, a need for an unscheduled Statewide Interagency Consulting Meeting andthere is a consensus among the Parties to have an unscheduled meeting, NCDENRmust provide priornotice to all Parties, at least fourteen (14) days in advance ofthe meeting. However, the Parties may waive the fourteen (14) day advance notice requirement ifall Parties agree that an earlier scheduled meeting is in the best interest ofthe Parties. 

### 4.3 MEETING LOCATION AND AGENDA The SICM Meeting location shall be determinedbasedupon convenience and agreement bythe Parties. NCDENR shall provide all Parties, including all RPOs/MPOs, advance notice ofthe meeting time, location and agenda. Ifnecessary and convenient, the SICM Meeting neednotbe a face-to-face meeting butmay occurbytelephone, video or some otherpractical electronic means. 

### 4.4 DISCUSSION OF SIP RELATED ISSUES NCDENR shall use the SICM Meeting as an opportunity to update the Parties on SIPs under development and SIP revisions submitted to USEPA. NCDENR shall allow the Parties to review and comment on transportation-related SIP issues and respond to said comments. See Section 2.0.2 for the general process for commenting and responding to comments.



### 5.0 INITIATING CONFORMITYDETERMINATIONS ORANALYSIS The Parties shall make conformity determinations and consultations consistent with this Agreement and in accordance with the conditions described in 40 CFR Part 93 for TIPs and FHWA/FTA projects.

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### 5.1 EXEMPTIONS TO CONFORMITY DETERMINATIONS 5.1.1 Notification ofExempt Status Required-- The NCDOT shall notify the Parties ofadoption or approval ofprojects determined to be exempt by the NCDOT and provide a basis for such exempt status. Notification bythe NCDOT shall also be made when the TIP is revised to add or delete exempt projects as defmed in 40 CFR 93.126, 93.127, and 93.128. Notification ofdeletedprojects does not have to be made prior to an NCDOT action. 5.1.2 Objection to Exempt Determination-- Ifthe Parties disagree with the NCDOT's finding that the amendment to the TIP contains only exempt projects, the objecting Party shall notify all Parties in writing. See section 9.0 for conflictresolution procedures.



### 6.0 INTERAGENCY CONSULTATION CONFORMITY DETERMINATION MEETING When the need for conformity analysis and determination is initiated in accordance with this Agreement and aforementioned regulations, the NCDOT shall call an Interagency Consultation Conformity DeterminationMeeting to which all Parties ofthis Agreement shall be invitedbythe NCDOT. The Interagency Consultation Conformity DeterminationMeeting shall be heldprior to performing any conformity analysis or determination and shall address the specific processes outlined in 40 CFR 93.105(c). The purpose is to coordinate early with the Parties on information regarding the choice of some major parameters ofthe conformity analysis and to determine the schedule of preparation and review ofthe analysis. All ofthe information agreedupon bythe Parties will be documented in the pre-analysis plan. Ifduring the meeting a conflict arises, the Parties shall follow the conflict resolution procedures as outlined in Section 9.0 ofthis document. 

### 6.1 NOTICE OF MEETING The NCDOT shall provide at least fourteen (14) days prior written notice to the Parties that an Interagency Consultation Conformity DeterminationMeeting has been scheduled. Saidprior notice shall also be given to local transportation providers represented by the NCDOT. However, the Parties may waive the fourteen (14) day advance notice requirement ifall Parties agree that an earlier scheduled meeting is in the best interest of the Parties.

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### 6.2 MEETING PLACE, TIME AND AGENDA The meeting shallbe scheduled at a time and location that allows representatives from the Parties to participate. The NCDOT shall distribute to the Parties draft agenda and meeting materials at least five (5) business days prior to the meeting. The Parties shall have the opportunity to add agenda items and willbe responsible for presenting them. If it is agreed among the Parties that additional meetings are requiredthe NCDOT may schedule such additional meetings. Attendance at the Interagency Consultation Conformity DeterminationMeeting maybe bytelephone or teleconference so long as all the Parties agree. Ifsome Parties are unable to attend the Interagency Consultation ConformityDeterminationMeeting(s), the NCDOT or its designee shall consider whether meaningful consensus canbe reached with the available Parties. Ifthe NCDOT or its designee determines the overall Party representation to be adequate, it shall document the meeting andprovide all Parties with a summary ofthe important discussions and conclusions. 

### 6.3 CONSULTATION ON CONFORMITYANALYSIS APPROACH The NCDOT shall outline, in the pre-analysis plan, the proposed methodologies to be used in the conformity analysis and share the pre-analysis plan with the Parties for comment at least 7 days priorto the meeting. 6.3.1 Interagency ConsultationProcedures-- The issues listed in 40 CFR 93.105 (c) shall be reviewed and discussed at this meeting, including but not limited to, the following activities: 6.3.1.1 Evaluating and choosing an appropriate tool (e.g. travel demand model) and associated methods and assumptions to be used in hot-spot analyses andregional emissions analyses; 6.3.1.2 Determining which minor arterial and othertransportation projects shouldbe consideredRegionally Significant Projects (RSPs); 6.3.1.3 Evaluating whether projects otherwise exempted from meeting the requirements of40 CFR 93.126 and 93.127 shouldbe treated as non-exempt in cases where potential adverse emissions impacts may exist; 6.3.1.4 Discussing whether or not adopted TCMs are on schedule and performing as anticipated, as requiredby 40 CFR 93.113. If TCMs are not on schedule, Parties shall discuss whether 40 CFR 93 .113(c)(I) can be met and what will occur if40 CFR 93 .113(c)(1) cannotbe met; 6.3 .1.5 Choosing conformity tests and methodologies for areas outside the MPO boundarybut within the nonattainment or maintenance area as required by 93.109(1)(2)(iii);

136.3 .1.6 Consulting on emissions analysis for transportation activities which cross MPO, nonattainment area or airbasinboundaries; 6.3.1.7 For the metropolitan planning area that does not include the entire nonattainment or maintenance area, establish a process involving the NCDOT for cooperative planning and analysis for the purposes ofdetermining conformity ofall projects outside the metropolitan area and within the nonattainment or maintenance area; 6.3.1.8 Ensuring thatplans for construction ofRSPs, that are not FHW A/FTAprojects, are disclosed to the NCDOT on a regular basis and any changes to those plans disclosed in writing to the NCDOT; 6.3.1.9 Process for consulting on the design, schedule and funding of research and data collection efforts and regional transportation model developmentby the NCDOT; 6.3.1.10 Process for providing final documents and supporting information to each applicable Party after adoption or approval as defined in Section 2.1.10; 6.3.1.11 Latestplanning assumptions for developing emission factors for the conformity analysis; 6.3.1.12 Projects without a determined design concept and scope shall be discussed at the Interagency Consultation; and 6.3 .1.13 Parties must agree on sufficient details ofthe design concept and scope for the project to be included in the conformity analysis and determination. 6.3.2 TCM Analysis and Implementation-- The Interagency Consultation Conformity Determination Meeting shall be used for assuring implementation ofTCMs, which shall be ajointresponsibility of NCDENR, the NCDOT. NCDENR shall submit (at the Interagency Consultation ConformityDeterminationMeeting) a list ofthe TCMs, which are inthe applicable implementationplan and their SIP schedules, to be includedinthe TIP. 6.3.3 Scheduling Implementation-- NCDENR or its designee (at the request of the NCDOT) shall provide the emission factors to the NCDOT within a time agreed upon during the interagency consultations and to allow the NCDOT sufficient time to complete the conformity analysis on schedule. Additional meetings to address schedule changes or modifications shall be scheduled as needed. Due to the difficulty in assembling all Parties at one time, subsequent meetings may involve various subsets ofthe larger group. However, pertinent information discussed inthese sub-meetings shall be shared with the other Parties as defined in Section 2.1.2.

146.3.4 STIP Conformity Analysis and Determination-- The NCDOT shall also discuss the STIP as it relates to conformity-relatedissues. The discussion ofthe STIP conformity analysis and determinationmaybe made viaemail orpostal mailunless a Partymemberidentifies sufficientreasons for including such discussions in a scheduled face-to-face meeting. Ife-mail orpostal mail is used, the NCDOT shall outline the manner in which the upcoming STIP conformity determination is to be carried out. The NCDOT shall inform the Parties ofany proposed changes in procedure from the last STIP Conformity Analysis and Determination. The review and commentingprocedures are outlined in Section 2.0.2.



### 7.0 CONFORMITYANALYSIS RESULTS AND REPORTING The draft conformity analysis report shall be circulated to the Parties defined during the Interagency Consultation Conformity DeterminationMeeting for theirreview priorto releasing said draft report for public review as required by Title 15AN.C.A.C. 2D. 2003. After the Parties' twenty-one (21) day review period, orreview period agreed upon by all Parties, the NCDOT shallprovide public reviewand comments ofthe draft report in accordance with the NCDOT's public participationpolicies and procedures. The NCDOT shall notmake conformity determination orplan adoption or approval until after the agency review is completed orthe required review periodhas ended and afterpublic participation. 

### 7.1 DOCUMENTATION OF CONFORMITY ANALYSIS The conformity analysis shall document all assumptions and relevant information usedto determine the impact ofthe TIP or FHW A/FT A project ontravel and emissions in the regwn. Contents ofthe Regional Conformity Analysis Report

-- The conformity analysis report shall include, butnotbe limitedto, following documentation: 7.1.1 Forecasts ofpopulation, household and employment in the analysis; 7.1.2 Inputs usedto develop emissions factors and emission factors used; and 7.1.3 VMT and average speed for each federal functional classification. 7.2 

### COMMENTS BY THE PARTIES AND THE PUBLIC The Parties may commentuponthe analysis results after receiving the results ofthe draft conformity analysis andreport. The results shall also be made available to the public for review and comment in accordance with the NCDOT's public participation policy and procedures and 23 CFR450.316(a) and 40 CFR 93.105(e).

157.2.1 Evaluation ofComments from the Public

-- After the completion ofthe public commentperiod, the comments received from the public on the conformity analysis, shall be addressed in the final report and maybe raised in an additional meeting between the Parties. Comments maybe addressed individually or in summary form at the discretion ofthe NCDOT. 7.2.2 Evaluation ofComments from the Parties-- Ifthe Parties disagree with the conclusions ofthe analysis, the NCDOT shall convene a meeting or consult with the Parties via an electronic communication means (telephone, teleconference, e-mail, etc.) ifagreed to by the Parties, to consider and discuss the comments and determine whether further conformity-related analysis is needed.



### 8.0 CONFORMITY DETERMINATION ADOPTED BY NCDOT RESOLUTION The NCDOT may make a conformity determination and approval/adoption ofthe TIP, RSP or applicable transit project after addressing conformityrelated objections and concerns raisedbyboth the public and the Parties. 

### 8.1 NOTIFICATION OF NCDOT RESOLUTION The NCDOT shall provide FHW A with written notification ofa conformity determination byNCDOT resolution within 7 days unless a different schedule is agreed upon during interagency consultation meetings. The NCDOT shall include, along with the notification, a copy ofthe final conformity analysis and report. FHW A will be responsible for distribution ofthe final conformity analysis and report to the USEPA and FTA for formal review. 

### 8.2 NCDENR OBJECTION TO CONFORMITY DETERMINATION IfNCDENR objects to the NCDOT's conformity determination, NCDENRmay appeal the NCDOT determination within fourteen (14) days ofreceiving notification ofthe NCDOT's determination. The appeal process and procedure to be followed shall be in accordance with the Conflict Resolution section ofthis Agreement. Notwithstanding NCDENR's right ofappeal, NCDENR may waive its right to object, in writing, at any time during the fourteen (14) day appeal period.

16

### 9.0 CONFLICT RESOLUTION The purpose ofthis Agreement is to ensure that necessary conformity analyses and determinations are made efficiently and with limited conflict. The Parties believe this Agreement establishes a means and protocol for consultation and document review that will avoid conflicts and disagreements among the Parties regarding final conformity determinations. Nevertheless, a means must be established to address the possibility that certain conflicts may arise that cannot be resolved among the designated representatives ofthe Parties. It

### is the purpose ofthis section to address such situations. 

### 9.1 RESOLUTION OF CONFLICTS AT THE STATE LEVEL 9.1.1 Conflicts Arising Prior to Conformity Determination

-- Any conflict or disagreement betweenNCDOT andNCDENR causing a lack ofconsensus among the state Parties as to acceptance ofNCDOT conformity analysis mayberesolved in the manner describedbelow. IfNCDENR objects to the proposed conformity analysis prior to the NCDOT making a conformity determination by resolution, the issue may be resolvedbythe following procedure: 9

### .1.1.1 Level I Resolution

-- After the objecting Party gives five (5) days written notice to the other Party members explaining the reasons for objection, each stafflevel Party member shall forward written objections to the Level I Resolution Negotiators who are defined as follows: NCDOT --the Transportation Planning Branch Manager NCDENR

-- the Division ofAir Quality Director The Level I Resolution negotiators shall have five (5) business days, from notice, to resolve the matter by mutually agreedupon meeting forum, including, butnot limitedto, face-to-face meetings, telephone and e-mail. 9.1.1.2 

### Level II Resolution

- Ifthe Level I Resolution Negotiators are unable to resolve the dispute, it may be raised to Level II Resolution negotiators who are defined as follows: NCDOT --The Secretary ofthe NCDOT NCDENR

-- The Secretary ofNCDENR The Level II Resolution Negotiators shall have ten (10) business days to resolve the matter by mutually agreedupon meeting forum, including, butnot limited to face-to-face meetings, telephone and e-mail.

179.1.2 Conflicts Arising AfterNCDOT Regional ConformityDetermination-- After the NCDOT has made its conformity determination byresolution and adoption/approval, NCDENRmay appeal said conformity determinationbyresolution and adoption/approval to the Governor of North Carolina within fourteen (14) days ofconfirmationthat NCDENR receivednotice. IfNCDENR appeals to the Governor, the final conformity analysis and determination must have the concurrence ofthe Governor ofNorth Carolina. NCDENR shallprovide written notice of appeal underthis subsection to the Secretary ofNCDOT, the FHW A North Carolina Division Administrator, andthe USEPA and FTA Region 4 Administrators. NotwithstandingNCDENR's right ofappeal, if NCDENR supports the final conformity determination, NCDENRmay voluntarily waive its right ofappeal, inwriting. 9.1.2.1 

### Resolution ofNCDENRAppeal-- The Governor may delegate his orherrole inthis appeals process to another official or agency within the State, butnotto the head or staffofNCDENR, NCDOT, the North Carolina Board ofTransportation, or any agency that has responsibility for any one ofthese functions. Ifthe NCDENR does not appeal to the Governor within fourteen (14) days ofthe NCDOT's notification ofconformity onthe TIP the NCDOT may continue submission ofits conformity determination to USDOT for their final review and conformity determination. The NCDOT does nothave to make conformity determinations onprojects. 9.2 

### RESOLUTION OF CONFLICTS AT THE FEDERAL LEVEL Itis the affirmative responsibility ofFHW A and FT A to raise issues priorto the end of any agreeduponreviewperiod. IfFHW A orFT A determines there is a significant issue, it is that agency's affirmative responsibility to arrange a meeting withthe Parties to resolve the issue prior to writing negative comments or fmding that the TIP in question does not conform to the intent ofthe North Carolina SIP. If, after the fourteen (14) dayprior notice ofthe NCDOT's final conformity determinationby resolution and approval/adoption, NCDENR has not appealed said final conformity determination (orwaived it's right to appeal earlier), FHW A andFTA may provide written approval orrejection ofthe final conformity determination within fortyfive (45) days ofnotice offinal conformity determination. 9.2.1 Consensus Among Federal Agencies-- If, withinthe forty-five (45) day periodthe FHW A and FT A are in disagreement overthe approval or rejection ofthe conformity determination, the FHWA andFTA may escalate the conflict amongtheir respective agencies in an attempt to resolve the issue within the forty-five (45) days time period. 9.2.2 Rejectionby the Federal Agencies-- Ifthe FHWA andFTA reject the conformity determination, the NCDOT orNCDENRmay appeal said rejection to the Secretary ofUSDOT. 189.2.3 No Action after Forty-Five (45) Days-- Ifafter forty-five (45) days, no written approval orrejection has beenprovided from FHW A and PTA, the Secretary ofNCDOT, orthe Secretary ofNCDENRmayprovide a written request ofreviewby the Secretary ofthe USDOT seeking a resolution among the FHW A and FT A.



### 10.0 MODIFICATIONS OF AGREEMENT The Parties maypropose revision(s) to this MOA, and request that Parties meetto consider such a revision. A change in duties will require this MOAto be reviewed.



### 11.0 TERMINATION OF AGREEMENT 11.1 TERMINATION AND AUTOMATIC RENEWAL The natural term ofthis MOA is ten (10) years from the date ofexecution. Notwithstandingthe natural term, the MOA will be automatically renewed every ten (10) years from the date ofexecution. Ifa Party desires to cancel the automatic renewal andre-negotiate a new agreement, the canceling Party mustprovide written notice to all other Parties at least six (6) months before the automatic renewal date. Inthe event that a Party seeks to renegotiate the MOA and an agreement onthe new MOA is notreachedprior to the expiration ofthe 10-yearterm, the previous MOA willremain in effectuntil such time as a new agreement is approvedby all Parties and formally adopted into the SIP.

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### 12.0 SAVINGS PROVISIONS AND OTHER 12.1 This MOA does not change any ofthe requirements and obligations contained in any existing law orregulation, including but not limitedto Clean Air Act, transportation conformity regulations ( 40 CFR Parts 51 and 93), National Environmental Policy Act (NEPA), orthe North Carolina Administrative Code at 15ANCAC. In the event ofconflictbetween the provisions ofthis agreement and an existing regulatory provision, the regulatory provision shall prevail. 

### 12.2 This MOA supersedes any and all previous agreements betweenthe signatories with respect to matters addressed herein. 

### 12.3 This MOA does not create any, nor does it affect any existing, administrative orjudicialright ofthe Parties. 

### 12.4 Ifany provision ofthis MOA is rendered or declared invalidby any final court action or decree, orbyreason ofpreemptive legislation, the remaining sections ofthis MOA shall remain in full force and effect for the duration ofthe MOA. 

### 12.5 Unless otherwise specified, in computing any period oftime prescribed or allowed inthis MOA, Rule 6 "Time" ofthe North Carolina Rules ofCivil Procedure shall apply.

20

### IN WITNESS WHEREOF, the Parties have executed this AGREEMENT onthis the 

## l +vl day of 

## R!:?W

# tlVkJ , 2011. 

### NCDOT By

# ~ (/ 

# (!,._{i:

Name: 

# [ujen-e 

# 1\**Co ~j,·**  Title: Secretary ofTransportation

21

### Name:])-ee_ 

# A- i'i:ee.M.,o..Y\.... Title:

## Sec.,~-\-cu·'J 

## ) 1\)C.-])EtJR

22

### IN

### WITNESS THEREOF, the Parties have executed this AGREEMENT onthis 

### The 

# g_-11-- day

### of

# cr~ 

# ' 2013 

### USEPA

# By.~r~ Name: Gwendolyn Keyes Fleming Title: Regional Administrator

23

### IN WITNESS WHEREOF, the Parties**executed** 

### this AGREEMENT on this the

### ;z.**:r~** day of 

# ro/ltv, ,2011.

# ~**By: j-~~**  Name: John F

. Sullivan III, P.E. Title: FHWA NC Division Administrator

24

### IN WITNESS WHEREOF, 

### the P!eshave executed this AGREEMENT on this the 

## S '\b day of

## ?fr~

# l , 2011. FTA By: Yvette G. Taylor

# Name~\NJ;t \(\, 

# \tb'q\r-**~** 

### Title: Regional Administrator



### 25