### MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, made as ofthe last day written below, by and between the NORTH CAROLINA CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION (hereinafter, "MPO"), the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (hereinafter, "NCDOT"), the NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (hereinafter, "NCDENR"), the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (hereinafter, "USEPA"), the FEDERAL HIGHWAY ADMINISTRATION (hereinafter, "FHW A"), 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, regional emissions budget comparisons and conformity determinations ofLong Range Transportation Plans (hereinafter, "LRTP"), Metropolitan TransportationImprovementPrograms (hereinafter, "TIPs"), and Regionally SignificantProjects (hereinafter, "RSP"); WHEREAS, the Parties enter into this Agreement in accordance with Section 176(c)(4)(E) ofthe Clean Air Act (hereinafter, "CAA''), as amended (42 U.S.C. 7401 et seq.) withrespect to the conformity ofLRTPs, TIPs andFHW A/FTAprojects, which are developed, funded or approved bythe United States Department ofTransportation (hereinafter, "USDOT") and bythe MPO or otherrecipients offunds under Title 23 U.S.C., or the Federal Transit Act (49 U.S.C. Chapter 53.), and Title 15ANorth CarolinaAdministrative Code (hereinafter, "N.C.A.C."), Subchapter 2D, Section .2000 relating to nonattainment and maintenance areas; WHEREAS, the MPO desires to comply withthe aforementioned federal laws and regulations andparallel state and local laws and regulations bypreparing, modifying and evaluating LR TPs and TIPs (which may include RSPs) in accordance with the SIP and in order to preserve the integrity ofthe SIP; WHEREAS, NCDOT desires to comply withthe aforementioned federal laws and regulations and parallel state and local laws andregulations by assisting the MPO in its conformity determination in accordance withthe State Transportation Plan and State Transportation Improvement Program (hereinafter, "STIP") and in order to preserve the integrity ofthe SIP; WHEREAS, NCDENR desires to assist the MPO in its compliance with the aforementioned federal requirements and must enforce applicable state environmental laws and regulations; 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 and regulations regarding metropolitan and statewide transportationplanning and transportation conformity;

1WHEREAS, 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 WHEREAS, the Parties wish to work together to performthe duties imposedupon them by law and to coordinate among themselves for efficient and thorough planning for air quality in the geographic area included within the MPO. 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, andin further consideration ofthe mutual covenants, terms, conditions and restrictions hereinafter set forth, the Parties hereby agree as follows: PURPOSE The purpose ofthis MOA is to satisfy the requirement in Clean Air Act 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 obtained prior 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 thatproject sponsors comply with such commitments. 1.0 DEFINITIONS 1.1 "Conformity" --refersto the status oftransportation plans, programs andprojects within a region designated as nonattainment or maintenance 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 calledbythe 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 "LongRange Transportation Plan" (LRTP) --means the official intermodal metropolitan transportation planthat is developed through the metropolitan planningprocess for the metropolitan planning area, developedpursuantto 23 C.P.R. part 450.

21.5 "Transportation Improvement Program" (TIP) -means a staged, multi-year, intermodalprogram oftransportation projects covering a metropolitanplanning area which is consistent withthe LRTP and was developed pursuantto 23 C.F.R. 450. 1.6 "State Implementation Plan" (SIP)

-- means documents, including, but not limited to, State adopted regulations, attainment demonstrations, andmaintenance plans, submitted byNorth Carolinato, and approved by, the USEPA, orthe most recent 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. 1.7 "Statewide Interagency ConsultationMeetings" (SICM) --refers to regularly scheduled informational meetings, sponsoredby NCDENRto which all Parties are invited, including all MPOs and Regional Planning Organizations throughout the State, which are required to have air quality conformity determinations under Title 15AN.C.A.C. Subchapter 2D, Section .2000. 1.8 "Statewide TransportationImprovement Program" (STIP) --means a staged, multiyear, statewide, intermodalprogram oftransportation projects, which is consistent with the statewide transportation plan andplanningprocesses and LRTPs, TIPs and processes. 1.9 "Timely"

- means withinthe timeframe agreed to in the schedule set at the Interagency Consultation Conformity DeterminationMeeting(s). 1.10 "Transportation Providers"- means public agencies that provide transportation services to the public, these agencies are publicly owned and operated. 1.11 "Parties" means representatives from all signatory agencies to this Agreement.

1.12 "Transportation Control Measures" (TCMs) --are strategies that are specifically identified and committedto in State Implementation Plans (SIPs); and are either listed in Section 108 ofthe Clean Air Act (CAA), or will reduce transportationrelated emissions byreducing vehicle use or improving traffic flow 1.13 All otherterms usedherein butnot defined in this Agreement shallhave the meaning given to thembythe CAA, Title 23 and 49 U.S.C. 40 CFR 93.101, other USEPA regulations, otherUSDOT regulations, or 15ANCAC 2D.



### 2.0 DUTIES OF THE PARTIES The roles and responsibilities ofeach Party are defined below.

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### 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 and provide their names and contact information to NCDENR. It

### is the responsibility ofeach Party to notifyNCDENR ofchanges in their appointed designee(s) or contact(s). 2.0.2 All Parties shallreview andprovide comments to the MPO on draft LRTPs, TIPs, and conformity analyses. All Parties shallreview and provide comments to NCDENR on draft SIP submissions. All Parties shall review and provide comments to NCDOT and/or local project sponsors on project-level conformity determination prepared during the National Environmental PolicyAct (NEPA) process for FHW A/FTA projects located in the MPOjurisdiction. Parties shall provide their written review comments, ifany, to these agencies within twentyone (21) days ofreceipt ofdraft documents unless an alternate deadline has been agreedupon at an interagency consultation meeting. The MPO, NCDENR, or NCDOT, as appropriate, shall respond in writing to all Parties to explain how comments were addressed or why they were not addressed in the subsequent version ofthe document that is distributed to all Parties. 

### 2.1 MPO DUTIES 2.1.1 The MPO, or its designee, shall sponsorthe Interagency Consultation Conformity DeterminationMeetings and prepare meeting agendas and meeting materials required for fulfillment ofconsultationprocedures outlined in this Agreement. Any adjacent MPO will be invited to this meeting for purposes ofcoordination and consultation. 2.1.2 The MPO, or its designee, shall prepare meeting summaries and conclusions ofsaid Interagency Consultation Conformity Determination Meetings and other appropriate meetings it sponsors. The MPO, or its designee, shall provide meeting summaries and conclusions to all Parties within a time manner not to exceed 14 days after the meeting. The other Parties may provide comments on meeting summaries/conclusions to the MPO within a time manner not to exceed 14 days, copying other Parties. The MPO, or its designee, shallrespond to comments from Parties in writing in a time manner not to exceed 14 days ofreceiving comments. The MPO's response to comments shall be distributed to all Parties. 2.1.3 The MPO shall consult with the Parties on the development process for LRTPs, TIPs and amendments thereto. This process willbegin no later than one year prior to when the conformity determination is needed. 2.1.4 Notification ofthe LRTP and TIP revisions and amendments that add or delete non-exemptprojects.

42.1.5 Before the MPO conducts conformity analyses and determinations, as initiatedunder the terms and conditions ofthis Agreement, the MPO, or its designee, shall initiate and facilitate an Interagency Consultation Conformity DeterminationMeeting with all Parties onproposed procedures 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. 2.1.6 The MPO, or its designee, shall conductproject level conformity analysis for MPO sponsoredprojects as part ofthe NEPA process for FHW A/PTA projects located in the MPO boundary. The MPO does nothave to make project level conformity determinations. 2.1.7 The MPO, or its designee, shall provide information requested by other Parties to track the implementation oftransportation control measures funded bythe MPO, or local municipalities, and included in the SIP by the dates agreed to inthe Interagency Consultation Conformity Determination Meeting. 2.1.8 The MPO shall be responsible for development and maintenance ofthe travel demandmodel for the MPO area in consultation with the Parties. The MPO may delegate such responsibility to a thirdpartythrough an agreement with NCDOT and/or neighboring MPOs and associated transportation agencies to develop a regional travel demand model. Any Party 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 demandmodel shouldbe established through a separate memorandum ofagreementbetween the affected MPOs, NCDOT, and associated transportation agencies. 2.1.9 Upon written requestby the Parties, the MPO, orits designee, shall provide all Parties with available travel data needed to determine various transportation emissions budgets, ifthey are responsible for this data. 2.1.10 The MPO, orits designee, shall assistNCDENR andNCDOT ifneeded for modifications orrevisions to the SIP, which includes the assessment of effectiveness ofexisting Transportation Control Measures (TCMs) and implementation ofpotential 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.

52.1.11 The MPO, or its designee, shall submit concurrently, upon completion, a draft and/or final LRTP and/or 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 and USEPA unless an alternate coordinationprocess is specified through interagency consultation). The MPO shall respond in writing to comments made by the other Parties on draft documents. 2.1.12 The MPO shall maintain procedures for public involvement in the conformity determination process consistent with its adopted Public InvolvementProcedures includingreceiving and responding to public input on conformity findings, consistent with 23 CFR450.316(a) and 40 CFR 93.105(e). 2.1.13 The MPO, or its designee, shall submit a writtenrequest for emission factors required for conformity determination from NCDENR or its designee. 2.1.14 Enforceability ofDesign Concept and Scope and Project-Level Mitigation and Control Measures

2.1.14.1 Prior to making a conformity determination on the LRTP and/or TIP, the MPO will 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 in the conformity analysis. 2.1.14.2 The MPO shall fulfill commitments made for mitigation measures that were required for facilitating positive conformity determinations. 2.1.14.3 Written commitments to mitigation measures must be obtained prior to a positive conformity determination, and project sponsors and/or operators must comply with the agreedupon commitment obligations (in accordance with 40 CFR 93 .122(a)( 4)(ii)). 

### 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 DeterminationMeetings, sponsor the SICM meeting, and other appropriate committees/meetings establishedto advise the Parties on SIP and emissions control strategies and programs particularly as these relate to transportation issues.

62.2.3 NCDENR shall participate in consultations with the Parties regarding the development process for LRTPs, TIPs and amendments thereto. 2.2.4 NCDENR shall participate in the development and review of transportation system and emissions modeling activities and projection 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 and up-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 CAArequirements. 2.2.6 NCDENR shall provide applicable transportation-related emissionbudgets andrevisions to the NCDOT, MPO, 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 MPO and NCDOT and the other Parties in transportation-related SIP developmentprocesses. 2.2.8 NCDENR shall obtain MPO andNCDOT approval for the inclusion of transportation related TCMs (for any TCM funded by the federal and state transportation budgets or local funds) 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 Determination Meeting. 2.2.10 Upon initiating a modification orrevision to the SIP, NCDENR shall consult with NCDOT and the MPO, which will include the assessment of effectiveness ofexisting TCMs and implementation ofpotential TCMs for inclusion in the SIP. Additionally, NCDENR will consult with NCDOT and the MPO about what critical transportation related inputs for the SIP development process shouldbe used, such as VMT and speed assumptions for various road classifications. A draft version ofthe SIP willbe shared with the Parties, at a minimum, 30 days priorto the end ofthe public commentperiod. 2.2.11 NCDENR shall consult andreview project narratives with the appropriate project sponsor to determine ifthe project is an air quality concern for particulate matterbased on 40 CFR 93.



### 72.2.12 NCDENR, at the written request ofNCDOT orthe MPO, shallprovide appropriate emission factors to NCDOT orthe MPO for completion ofthe conformity analysis. NCDENR shall provide a schedule for completion of workwithin two (2) business days ofthe written request. NCDENR shall consult with NCDOT and/or the MPO for the availability and appropriate use oflocal data inthe latestEPA-approved emissions model. 2.2.13 NCDENR shall review andprovide comments to the MPO on draft conformity analyses. NCDENR shallprovide timely review comments to the MPO within twenty-one (21) days ofreceipt for inclusion in the final report in accordance with the terms and conditions ofthis Agreement. 2.3 NCDOT DUTIES 2.3.1 NCDOT shallparticipate in the SICM, Interagency Consultation Conformity Determination Meeting(s) and other appropriate committees/meetings established to discuss withthe Parties on the development ofa revised statewide transportation plan, including programs andprojects. 2.3.2 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. 2.3.3 NCDOT shall consult with the Parties to develop LRTPs, TIPs and amendments thereto bythe dates agreed to inthe Interagency Consultation ConformityDetermination Meeting. 2.3.4 NCDOT shallparticipate in the development andreview oftransportation system emissions modeling activities and projectionprocedures to ensure consistency ofair quality and transportation system evaluation. 2.3.5 NCDOT shall review andprovide comments to the MPO on draft conformity analyses by the dates agreed upon in the Interagency Consultation Conformity DeterminationMeeting unless NCDOT has authored said conformity analysis report. 2.3.6 NCDOT shall also provide informationrequestedby otherParties to track the implementation ofTCMs included inthe SIP by the dates agreedto in the Interagency Consultation Conformity DeterminationMeeting. 2.3.7 NCDOT shall assist NCDENR and the MPOs as needed for modifications orrevisions to the SIP, which will include the assessment ofeffectiveness ofexisting TCMs and implementation ofpotential TCMs for inclusion in the SIP. 2.3.8 NCDOT shall conductproject level conformity analysis for NCDOT sponsoredprojects as part ofthe NEPAprocess for FHW A/PTA projects located in the MPO boundary.

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### 2.3.9 Enforceability ofDesign Concept and Scope and Project-Level Mitigation and Control Measures 2.3.9.1 The NCDOT shall obtain written commitments from the project sponsor and/or operatorto fulfill and complete all ofthe projects and operations identifiedbythe project-level National Environmental Policy Act (NEPA) mitigation orcontrol measures with respect to local hot spot analysis 2.3.9.2 The NCDOT shall fulfill commitments made for mitigation measures that were required for facilitating positive conformity determinations. 2.3.9.3 Written commitments to mitigation measures must be obtained prior to a positive conformity determination, and project sponsors and/or operators must comply with the agreed upon commitment obligations. 

### 2.4 FHWA and FTA (USDOT) DUTIES 2.4.1 FHW A and FTA shall consult with the Parties regarding the SICM, the Interagency Consultation Conformity DeterminationMeetings and other appropriate committees/meetings establishedto advise the Parties on the development oftransportation plans, programs and projects, particularly as these relate to air quality-related issues. 2.4.2 FHW A and FTA shall advise the Parties ofchanges to USDOT technical, regulatory, and policy guidance as it relates to the planning process and conformity. 2.4.3 FHW A and FTA shall assist NCDENR, NCDOT and the MPOs as needed for modifications orrevisions to the SIP, which will include the assessment ofeffectiveness ofexisting TCMs and implementation of potential TCMs for inclusion in the SIP. 2.4.4 FHWA and FTA shall assess the MPO's compliance with public participationpolicy and procedures that meet the requirements of23 CFR 450.316(a) and 40 CFR 93.105(e). 2.4.5 FHW A and FTA shall provide written comments to the other Parties concerning both draft and final conformity findings in accordance with the terms ofthis Agreement. The final conformity finding made by FHW A shall be consistent with the requirements ofthe national conformity memorandum ofunderstanding.

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### 2.4.6 FHWA shall review and provide timely approval orrejection, in writing, ofthe final conformity determination report bythe MPO 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. 2.4.7 The FHWA will coordinate the federal review effort and will forward copies ofthe draft or final LRTP and/or TIP document and related conformity determination to the FTA and USEPA unless an alternate coordinationprocess is specifiedthrough interagency consultation. 2.4.8 In accordance with 40 CFR 93.125(c), priorto making a project-level conformity determination for a transportation project, FHW A 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 by the appropriate entities. 2.4.9 USDOT shall be responsible for final approval or rejection ofproject level conformity determinations on USDOT (FHWA/FTA) projects as deemed appropriate bythose agencies. 2.5 USEPA DUTIES 2.5.1 USEPA shall participate in the SICM, the Interagency Consultation Conformity Determination Meetings and other appropriate committees/meetings established to advise the Parties on the development oftransportation plans, programs andprojects, particularly as these relate to air quality-related issues. 2.5.2 USEPA shall, in a timely fashion, advise the Parties ofchanges to USEPA policy, regulation, and guidance related to air quality and conformity. 2.5.3 USEPA shall review and comment, in writing to FHWA andthe MPO, 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. 2.5.4 USEPA shall assistNCDENR, NCDOT and the MPOs as needed for modifications or revisions to the SIP, which will include the assessment of effectiveness ofexisting TCMs and implementation ofpotential TCMs for inclusion in the SIP.

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### 2.5.5 USEPA shall review the adequacy ofthe Motor Vehicle Emissions Budgets, and determine the adequacy and approvability ofsubmitted SIPs, including the Conformity SIP (the subject ofthis MOA) and any subsequent revisions, and ofcontrol strategy SIPs and any revisions. USEPA's determination ofapprovability shall bepublished in the Federal Register. 2.5.6 USEPA shall be consulted with and will review compliance for hotspot requirements related to individual FHW A/PTA projects and provide comment in writing.



### 3.0 CONTENT AND SUBMISSION OF TRANSPORTATION PLANS, PROGRAMS AND PROJECTS 3.1 CONTENT AND DESIGN The LRTP/TIP, 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. At the time that a new or revised transportation plan is proposed, the MPO, in cooperation with NCDOT and local transportation planning agencies, shallprepare a list ofnew or modified transportation projects and services included in the transportation plan and identify the time frame each new project or service is expected to become operational. 

### 3.2 PUBLIC PARTICIPATION Conformity determinations for LRTP and Transportation Improvement Program (TIPs) shall follow the specific public involvement process establishedbythe MPO, consistent with the requirements of23 CPR Part 450, which provides opportunity for public review and comment priorto formal action on a conformity determination. The public review must provide reasonable public access to technical andpolicy information consideredby the affectedparties in making the conformity determination. Conformity determinations in rural portions ofnonattainment and maintenance areas outside and adjacent to the MPO boundaries shall follow the specific public involvement process establishedbyNCDOT, consistent with the requirements of23 CPR Part 450, which provides 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 including butnot limited to 49 CPR 7.43 and N.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 MPOs abreast ofnew information concerning transportation planning generally and as itrelates to conformity analysis and determination.

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### 4.1 MEETING FREQUENCY SICM shall be held monthly unless otherwise agreed upon by all Parties. Meeting dates shall be determined byNCDENR after consultation with the Parties. The meeting shall consist ofupdates and otherpertinent information provided by each Party. 

### 4.2 SPECIAL MEETINGS IfNCDENR determines, in consultation with other Parties, a need for an unscheduled Statewide Interagency Consulting Meeting and there 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 Statewide MPOs, advanced notice ofthe meeting time, location and agenda. Ifnecessary and convenient, the SICM meeting need notbe a face-to-face meetingbut may occurby telephone, 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 submittedto USEPA. NCDENR shall allow the Parties to review and comment ontransportation-related SIP issues and respond to said comments. See Section 2.0.2 for the general process for commenting and responding to comments.

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### 5.0 INITIATING CONFORMITY DETERMINATIONS 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 LRTPs, TIPs and FHWA/FTA projects. 

### 5.1 EXEMPTIONS TO CONFORMITY DETERMINATIONS 5.1.1 Notification ofExempt Status Required-- The MPO shall notify the Parties ofadoption or approval ofprojects determinedto be exemptby the MPO and provide a basis for such exempt status. Notification by the MPO shall also be made when the LR TP or TIP is revised to add or delete exemptprojects as defined in 40 CFR 93.126, 93.127, and 93.128. Notification ofdeleted projects does not have to be made prior to an MPO action. 5.1.2 Objection to Exempt Determination-- Ifthe Parties disagree with the MPO's finding that the amendment to the LRTP or 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 CONFORMITYDETERMINATION MEETING When the need for conformity analysis and determination is initiated in accordance with this Agreement and aforementioned regulations, the MPO, or its designee, shall call an Interagency Consultation Conformity DeterminationMeeting to which all Parties ofthis Agreement shall be invited by the MPO, or its designee

.. The Interagency Consultation Conformity Determination Meeting shall be heldpriorto performing any conformity analysis ordetermination 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 ofsome major parameters ofthe conformity analysis and to determine the schedule ofpreparation andreview ofthe analysis. All ofthe information agreed upon by the 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 MPO, or its designee, 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 bythe MPO. 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.

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### 6.2 MEETING PLACE, TIME AND AGENDA The meeting shall be scheduled at a time and location that allows representatives from the Parties to participate. The MPO, or its designee, 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 will be responsible for presentingthem. Ifit is agreed among the Parties that additional meetings are required the MPO, or its designee, may schedule such additional meetings. Attendance at the Interagency Consultation Conformity Determination Meeting may be bytelephone or teleconference so long as all the Parties agree. Ifsome Parties are unable to attend the Interagency Consultation Conformity Determination Meeting(s), the MPO or its designee shall consider whether meaningful consensus canbe reached with the available Parties. Ifthe MPO or its designee determines the overall Partyrepresentation to be adequate, it shall document the meeting and provide all Parties with a summary of the important discussions and conclusions. 

### 6.3 CONSULTATION ON CONFORMITY ANALYSIS APPROACH The MPO, or its designee, 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 prior to the meeting unless otherwise agreed upon by all Parties. 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 necessarily limited to, the following activities: 6.3.1.1 Evaluating and choosing an appropriate model (or models) and associated methods and assumptions to be used in hot-spot analyses andregional emissions analyses; 6.3.1.2 Determining which minor arterial and other transportation projects should be considered Regionally Significant Projects for the purpose ofregional emissions analysis (in addition to those functionally classified as principal arterials or higher or fixed guideway systems or extensions that offer an alternative to regional highway travel); 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 requiredby40 CFR 93.113. If TCMs are not on schedule, Parties shall discuss whether 40 CFR 93.113(c)(l) can be met and what will occur if40 CFR 93.113(c)(1) cannotbe met;

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### 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); 6.3 .1.6 Consulting on emissions analysis for transportation activities which cross MPO, nonattainment area or air basin boundaries; 6.3.1.7 For the metropolitan planning area that does not include the entire nonattainment or maintenance area, the MPO and NCDOT will work to provide cooperative planning and analysis for the purposes ofdetermining conformity ofall projects outside the metropolitan area andwithin the nonattainment ormaintenance area through interagency consultation meetings; 6.3.1.8 Ensuring that plans for construction ofRSPs, that are not FHW A/FTA projects, are disclosed to the MPO on a regular basis and any changes to those plans disclosed in writing to the MPO; 6.3.1.9 NCDOT and the MPO, orits designee, will consult on the design, schedule and funding ofresearch and data collection efforts and regional transportation model development through interagency consultation meetings; 6.3.1.10 As defined in Section 2.1.10, the MPO, or its designee will provide final documents and supporting information to each applicable Party after adoption or approval; 6.3.1.11 Latest planning 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 projectto be included in the conformity analysis and determination. 6.3.2 TCM Analysis and Implementation-- The Interagency Consultation Conformity DeterminationMeeting shall be used for assuring implementation ofTCMs, which shall be ajointresponsibility of NCDENR, the MPO andNCDOT. NCDENR shall submit (at the Interagency Consultation Conformity Determination Meeting) a list ofthe TCMs, which are in the applicable implementationplan and their SIP schedules, to be included in the LRTP orTIP.

156.3.3 Scheduling Implementation-- The MPO or its designee shall provide a list oftransportation system elements from the mostrecent conforming LR TP for inclusion in the current TIP to be completed in the time frame established in the LRTP. NCDENR orits designee (at the request ofthe MPO) shall provide the emission factors to the MPO within a time agreed upon during the interagency consultations and to allow the MPO 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 in these sub-meetings shall be shared with the other Parties as defined in Section 2.1.2. 6.3 .4 TIP Conformitv Analysis and Determination

-- The MPO shall also discuss the TIP as itrelates to conformity-related issues. Ifthe TIP is a subset ofa currently conforming LRTP, the discussion ofthe TIP conformity analysis and determination may be made via e-mail orpostal mail unless a Party member identifies sufficient reasons for including such discussions in a scheduled face-to-face meeting. Ife-mail orpostal mail is used, the MPO shall outline the manner in which the upcoming TIP conformity determination is to be carried out. The MPO shall inform the Parties ofany proposed changes in procedure from the last TIP Conformity Analysis and Determination. The review and commenting procedures 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 their review prior to releasing said draft report for public review as requiredby Title 15AN.C.A.C. 2D. 2003. After the Parties' twenty-one (21) dayreview period, orreview period agreeduponby all Parties, the MPO shall provide public review and comments ofthe draft report in accordance with the MPO's public participationpolicies andprocedures. The MPO shall not make conformity determination orplan adoption or approval until after the agency review is completed orthe required reviewperiodhas ended and after public participation. 

### 7.1 DOCUMENTATION OF CONFORMITYANALYSIS The conformity analysis shall document all assumptions andrelevant information used to determine the impact ofthe LRTP, TIP or FHW A/FTA project on travel and emissions in the region. Contents ofthe Regional Conformity Analysis Report

-- The conformity analysis report shall include, butnotbe limited to, following documentation: 7.1.1 Forecasts ofpopulation, household and employment in the analysis shall be either mentioned or referenced in report;

167.1.2 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 commentupon the analysis results after receivingthe results ofthe draft conformity analysis andreport. The results shall also be made available to the public for review and comment in accordance with the MPO's public participationpolicy and procedures and 23 CFR450.316(a) and 40 CFR 93.105(e). 7.2.1 Evaluation ofComments from the Public

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



### 8.0 CONFORMITYDETERMINATION ADOPTED BY MPO RESOLUTION The MPO may make a conformity determination and approval/adoption ofthe LRTP, TIP, RSP or applicable transit project after addressing conformity related objections and concerns raised byboth the public and the Parties. 

### 8.1 NOTIFICATION OF MPO RESOLUTION The MPO shallprovide FHW A andNCDOT with written notification ofa conformity determinationbyMPO resolution within the time period agreedupon during interagency consultation meetings. The MPO shall include, along withthe notification, a copy ofthe final conformity analysis andreport. FHW A will be responsible for distribution ofthe final conformity analysis andreport to the USEPA and FTAfor formal review. 

### 8.2 NCDENR OBJECTION TO CONFORMITYDETERMINATION IfNCDENR objects to the MPO's conformity determination, NCDENRmay appeal the MPO determination within fourteen (14) days ofreceiving notification ofthe MPO's determination. The appeal process andprocedure to be followed shallbe in accordance withthe Conflict Resolution section ofthis Agreement. Notwithstanding NCDENR's right ofappeal, NCDENRmaywaive its right to object, inwriting, at any time during the fourteen (14) day appeal period.

17

### 8.3 USDOT REJECTION OF CONFORMITYDETERMINATION USDOT may reject the MPO determination within forty-five (45) days ofreceiving notification ofthe MPO's determination. The MPO may appeal the rejection to the Secretary ofthe USDOT. Ifno written approval orrejection has beenreceived from USDOT after forty-five (45) days, the Secretary ofNCDOT, the Chairperson oftheMPO or the Secretary ofNCDENRmayprovide a written request ofreview bythe Secretary of the USDOT seeking a resolution among the FHW A and FT A. The rejection of conformity determination and appeal procedure and process shall be in accordance with the Conflict Resolution section ofthis Agreement.



### 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 mustbe established to address the possibility that certain conflicts may arise that cannotbe resolved among the designated representatives ofthe Parties. Itis 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, NCDENR andthe MPO causing a lack of consensus among the state Parties as to acceptance ofMPO conformity analysis maybe resolved in the manner described below. IfNCDOT or NCDENR objects to the proposed conformity analysis prior to the MPO making a conformity determination byresolution, the issue maybe resolved bythe following procedure: 9.1.1.1 

### Level I Resolution-- After the objecting Party gives five (5) days written notice to the other Partymembers explaining the reasons for objection, each stafflevelParty member shall forward written objections to the Level I Resolution Negotiators who are defined as follows: NCDOT --the Transportation Planning BranchManager NCDENR --the Division ofAir Quality Director MPO

-- the MPO Executive Director or his orher designee. The Level I Resolution negotiators shall have five (5) business days, from notice, to resolve the matterbymutually agreed upon meeting forum, including, but not limitedto, face-to-face meetings, telephone and e-mail.

189.1.1.2 

### Level II Resolution

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

-- the Chair ofthe MPO or his/her designee. The Level II Resolution Negotiators shall have ten (10) business days to resolve the matter by mutually agreedupon meeting fomm, including, but not limited to face-to-face meetings, telephone and e-mail. 9.1.2 Conflicts Arising After MPO Regional Conformity Determination-- After the MPO has made its conformity determination byresolution and adoption/approval, NCDENRmay appeal said conformity determination byresolution and adoption/approval to the Governor ofNorth Carolina within fourteen (14) days ofconfirmation that NCDENR received notice. IfNCDENR appeals to the Governor, the final conformity analysis and determination must have the concurrence ofthe Governor ofNorth Carolina. NCDENR shall provide written notice ofappeal under this subsection to the Chairperson ofthe MPO, the Secretary ofNCDOT, the PHWANorth Carolina Division Administrator, and the USEPA and PTA Region 4 Administrators. Notwithstanding NCDENR's right ofappeal, if NCDENR supports the final conformity determination, NCDENRmay voluntarily waive its right ofappeal, in writing. 9.1.2.1 

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

### 9.2 RESOLUTION OF CONFLICTS AT THE FEDERAL LEVEL Itis the affirmative responsibility ofPHW A and PTAto raise issues priorto the end of any agreedupon review period. IfPHW A or PTA determines there is a significant issue, it is that agency's affirmative responsibility to arrange a meeting with the Parties to resolve the issue priorto writing negative comments or finding that the LRTP or TIP in question does not conform to the intent ofthe North Carolina SIP.

19If, after the fourteen (14) day priornotice ofthe MPO's final conformity determination byresolution and approval/adoption, NCDENR has not appealed said final conformity determination (or waivedit's right to appeal earlier), FHW A and FTA mayprovide written approval or rejection ofthe final conformity determination within forty-five (45) days ofnotice offinal conformity determination. 9.2.1 Consensus Among Federal Agencies-- If, within the forty-five (45) day periodthe FHW A andFT A are in disagreement over the approval or rejection ofthe conformity determination, the FHWA and FTA may escalate the conflict among theirrespective agencies in an attempt to resolve the issue within the forty-five (45) days time period. 9.2.2 Rejectionby the Federal Agencies

-- Ifthe FHW A and FT A reject the conformity determination, the MPO, NCDOT orNCDENRmay appeal saidrejection to the Secretary ofUSDOT. 9.2.3 No Action afterForty-Five (45) Days --Ifafter forty-five (45) days, no written approval orrejection hasbeenprovided from FHW A and FTA, the Secretary ofNCDOT, the Chairperson ofthe MPO orthe Secretary of NCDENR mayprovide a writtenrequest ofreviewbythe Secretary ofthe USDOT seeking a resolution among the FHW A and FTA.



### 10.0 MODIFICATIONS OF AGREEMENT The Parties may propose revision(s) to this MOA, and request that Parties meetto consider such a revision. A change in duties as prescribed herein will require this MOA to be reviewed. Anyrequestedmodifications to this agreement will be reviewed and considered for the written approval by all Parties to this agreement as soon as practicable. The modified agreement will take effect after it has been formally adopted into the SIP. 

### 11.0 RENEWAL OF AGREEMENT The natural term ofthis MOA is five (5) years from the date ofexecution. The MOA will be reviewedby all Parties to this agreement to ensure it reflects the current transportation conformityregulation requirements. The renewal ofthis agreement is subject to the written approval ofall Parties to this agreement. The renewed agreement will take effect after it has been formally adopted into the SIP. Ifthe expiration date ofthis agreement occurs before the renewed agreement has been approved by all Parties and formally adopted into the SIP, the currently approved MOA will remain in effect.



### 20

### 12.0 SAVINGS PROVISIONS AND OTHER 12.1 This MOA does not change any ofthe requirements and obligations contained in any existing law or regulation, includingbut not limited to Clean Air Act, transportation conformity regulations (40 CFRParts 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 shallprevail. 

### 12.2 Upon its executionbythe Parties this MOA supersedes any and all previous agreements between the signatories with respect to matters addressedherein. 12.3 This MOA does not create any, nor does it affect any existing, administrative orjudicialright ofthe Parties. 

### 12.4 Ifanyprovision 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 anyperiod oftime prescribed or allowed in this MOA, Rule 6 "Time" ofthe North Carolina Rules ofCivil Procedure shall apply.

21

### IN WITNESS WHEREOF, the**e** 

### executed this AGREEMENT onthis the 

# /7.fJ... day of , 2011.

# ::**~** Name: Vivian A. 

### Jon Title: N.C

. Capital AreaMPO TAC Chair

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

# 1±V\ day of

### EC.tt?~ 

# ,2011. 

### NCDOT 

### By 

# b d 

# "'

- i!

Name

# ~jelle_ 

# A·

# Gn+**Titie OeC~**  

# of**Jra.~+ah'<::n**

23

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

### on this the 

### I**~-** day of '-\9\

### n u q

# r-y , 2011.**NCDE~.** f

### ~ 

# /)3; By: \.

# ,L}it?(A"'4ep/~'~"'~' N

## ame'])e E_ 

# A,**~\-e..** -c t"t\Ct"'-

## Title:)~<lts:..k\'-1 1

## NLflE\\3~~

24

### IN WITNESS WHEREOF,the arties have executed this AGREEMENT on this The

### ~ day of 2013. · 

### USEPA

## ~ .

# ~~r 

# ..**~n-ct** Name: Gwendolyn Keyes Fleming Title: Regional Administrator

25

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

## »~ dayof 

# Mevu:L
, 2011.

John F

. Sullivan III, 

### P.E. Title:FHW A NC Division Administrator



### 26

### INWITNES1_ WHEREOF,

### the Parties have executed this AGREEMENT onthis the 

## S''-\-- day of

## .~\ , 2011. FTA By: Y v e t t e G . Ta y 1o r

# Name~\:':;~~ Title: Regional Administrator



### 27