MEMORANDUM OF AGREEMENT 

THIS MEMORANDUM OF AGREEMENT, made as of the 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 collectively referred to hereinafter as the Parties. 

RECITALS 

WHEREAS, the Parties enter into this Memorandum of Agreement (hereinafter, "Agreement") 

for the purpose of implementing interagency consultation procedures for developing a State 

Implementation Plan (hereinafter, "SIP") and/or revisions, regional emissions budget 

comparisons and conformity determinations of Long Range Transportation Plans (hereinafter, 

"LRTP"), Metropolitan Transportation Improvement Programs (hereinafter, "TIPs"), and 

Regionally Significant Projects (hereinafter, "RSP"); 

WHEREAS, the Parties enter into this Agreement in accordance with Section 176(c)(4)(E) of the 

Clean Air Act (hereinafter, "CAA''), as amended (42 U.S.C. 7401 et seq.) with respect to the 

conformity ofLRTPs, TIPs and FHW A/FTA projects, which are developed, funded or approved 

by the United States Department of Transportation (hereinafter, "USDOT") and by the MPO or 

other recipients of funds under Title 23 U.S.C., or the Federal Transit Act (49 U.S.C. Chapter 

53.), and Title 15A North Carolina Administrative Code (hereinafter, "N.C.A.C."), Subchapter 

2D, Section .2000 relating to nonattainment and maintenance areas; 

WHEREAS, the MPO desires to comply with the aforementioned federal laws and regulations 

and parallel state and local laws and regulations by preparing, modifying and evaluating LR TPs 

and TIPs (which may include RSPs) in accordance with the SIP and in order to preserve the 

integrity of the SIP; 

WHEREAS, NCDOT desires to comply with the aforementioned federal laws and regulations 

and parallel state and local laws and regulations by assisting the MPO in its conformity 

determination in accordance with the State Transportation Plan and State Transportation 

Improvement Program (hereinafter, "STIP") and in order to preserve the integrity of the 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 and regulations 

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 transportation planning and 

transportation conformity; 

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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 

WHEREAS, the Parties wish to work together to perform the duties imposed upon 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 of these conditions and for good and valuable consideration and 

the benefits flowing to the Parties from each other, the receipt of which is hereby acknowledged, 

and in further consideration of the mutual covenants, terms, conditions and restrictions 

hereinafter set forth, the Parties hereby agree as follows: 

PURPOSE 

The purpose of this 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 of the Federal 

Transportation Conformity Rule, 40 CFR part 93 subpart A: ( 1) 40 CFR 93.105, which addresses 

consultation procedures; (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 if the control measures are not included in an Metropolitan Planning 

Organization's transportation plan and transportation improvement program, 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 obtained prior to a project-level 

conformity determination, and that project sponsors comply with such commitments. 

1.0 DEFINITIONS 

1.1 "Conformity" --refers to the status of transportation plans, programs and projects 

within a region designated as nonattainment or maintenance for transportation 

related pollutants, as to whether they comply with air emission levels and standards 

required by existing state and/or federal implementation plans 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 of that Party in a timely 

written manner. 

1.3 "Interagency Consultation Conformity Determination Meeting" -- refers to a 

meeting called by 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 "Long Range Transportation Plan" (LRTP) --means the official intermodal 

metropolitan transportation plan that is developed through the metropolitan 

planning process for the metropolitan planning area, developed pursuant to 23 

C.P.R. part 450. 

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1.5 "Transportation Improvement Program" (TIP) -means a staged, multi-year, 

intermodal program of transportation projects covering a metropolitan planning 

area which is consistent with the LRTP and was developed pursuant to 23 C.F.R. 

450. 

1.6 "State Implementation Plan" (SIP) -- means documents, including, but not limited 

to, State adopted regulations, attainment demonstrations, and maintenance plans, 

submitted by North Carolina to, and approved by, the USEPA, or the 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)) and regulations promulgated by USEPA 

pursuant to the provisions of those sections. 

1.7 "Statewide Interagency Consultation Meetings" (SICM) --refers to regularly 

scheduled informational meetings, sponsored by NCDENR to 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 

15A N.C.A.C. Subchapter 2D, Section .2000. 

1.8 "Statewide Transportation Improvement Program" (STIP) --means a staged, multiyear, statewide, intermodal program of transportation projects, which is consistent 

with the statewide transportation plan and planning processes and LRTPs, TIPs and 

processes. 

1.9 "Timely" - means within the timeframe agreed to in the schedule set at the 

Interagency Consultation Conformity Determination Meeting(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 committed to in State Implementation Plans (SIPs); and are either 

listed in Section 108 of the Clean Air Act (CAA), or will reduce transportationrelated emissions by reducing vehicle use or improving traffic flow 

1.13 All other terms used herein but not defined in this Agreement shall have the 

meaning given to them by the CAA, Title 23 and 49 U.S.C. 40 CFR 93.101, other 

USEPA regulations, other USDOT regulations, or 15A NCAC 2D. 

2.0 DUTIES OF THE PARTIES 

The roles and responsibilities of each Party are defined below. 

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2.0.1 Each Party member shall determine which staff members 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 staff person for interagency consultation and provide 

their names and contact information to NCDENR. It is the responsibility of each 

Party to notify NCDENR of changes in their appointed designee(s) or contact(s). 

2.0.2 All Parties shall review and provide comments to the MPO on draft LRTPs, TIPs, 

and conformity analyses. All Parties shall review 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 Policy Act (NEPA) 

process for FHW A/FTA projects located in the MPO jurisdiction. Parties shall 

provide their written review comments, if any, to these agencies within twentyone (21) days of receipt of draft documents unless an alternate deadline has been 

agreed upon 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 of the document that is distributed to all Parties. 

2.1 MPO DUTIES 

2.1.1 The MPO, or its designee, shall sponsor the Interagency Consultation 

Conformity Determination Meetings and prepare meeting agendas and 

meeting materials required for fulfillment of consultation procedures 

outlined in this Agreement. Any adjacent MPO will be invited to this 

meeting for purposes of coordination and consultation. 

2.1.2 The MPO, or its designee, shall prepare meeting summaries and 

conclusions of said 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, shall respond to comments from Parties in 

writing in a time manner not to exceed 14 days of receiving 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 will begin no later 

than one year prior to when the conformity determination is needed. 

2.1.4 Notification of the LRTP and TIP revisions and amendments that add or 

delete non-exempt projects. 

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2.1.5 Before the MPO conducts conformity analyses and determinations, as 

initiated under the terms and conditions of this Agreement, the MPO, or 

its designee, shall initiate and facilitate an Interagency Consultation 

Conformity Determination Meeting with all Parties on proposed 

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 conduct project level conformity analysis 

for MPO sponsored projects as part of the NEPA process for FHW A/PTA 

projects located in the MPO boundary. The MPO does not have 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 of transportation control measures 

funded by the MPO, or local municipalities, and included in the SIP by the 

dates agreed to in the Interagency Consultation Conformity Determination 

Meeting. 

2.1.8 The MPO shall be responsible for development and maintenance ofthe 

travel demand model for the MPO area in consultation with the Parties. 

The MPO may delegate such responsibility to a third party through 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 of a 

regional travel demand model should be established through a separate 

memorandum of agreement between the affected MPOs, NCDOT, and 

associated transportation agencies. 

2.1.9 Upon written request by the Parties, the MPO, or its designee, shall 

provide all Parties with available travel data needed to determine various 

transportation emissions budgets, if they are responsible for this data. 

2.1.1 0 The MPO, or its designee, shall assist NCDENR and NCDOT if needed 

for modifications or revisions to the SIP, which includes the assessment of 

effectiveness 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. 

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2.1.11 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 FT A and USEP A unless an alternate coordination process 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 

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). 

2.1.13 The MPO, or its designee, shall submit a written request for emission 

factors required for conformity determination from NCDENR or its 

designee. 

2.1.14 Enforceability of Design 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 agreed upon 

commitment obligations (in accordance with 40 CFR 

93 .122(a)( 4)(ii)). 

2.2 NCDENR DUTIES 

2.2.1 NCDENR shall maintain a list of current 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 meeting, 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. 

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2.2.3 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 of air 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 of the development of the SIP by the deadline established by 

NCDENR during the consultation process. 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, MPO, and USDOT (FHW A and FTA). 

2.2.7 NCDENR shall keep the Parties apprised of its SIP revision submittals and 

US EPA's approval thereof and provide for and respond in writing to 

comments made by the MPO and NCDOT and the other Parties in 

transportation-related SIP development processes. 

2.2.8 NCDENR shall obtain MPO and NCDOT 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 of TCMs 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 or revision to the SIP, NCDENR shall 

consult with NCDOT and the MPO, which will include the assessment of 

effectiveness of existing TCMs and implementation of potential 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 should be used, such as VMT and speed assumptions 

for various road classifications. A draft version of the SIP will be shared 

with the Parties, at a minimum, 30 days prior to the end of the public 

comment period. 

2.2.11 NCDENR shall consult and review project narratives with the appropriate 

project sponsor to determine if the project is an air quality concern for 

particulate matter based on 40 CFR 93. 

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2.2.12 NCDENR, at the written request ofNCDOT or the MPO, shall provide 

appropriate emission factors to NCDOT or the MPO for completion of the 

conformity analysis. NCDENR shall provide a schedule for completion of 

work within two (2) business days of the written request. NCDENR shall 

consult with NCDOT and/or the MPO for the availability and appropriate 

use of local data in the latest EPA -approved emissions model. 

2.2.13 NCDENR shall review and provide comments to the MPO on draft 

conformity analyses. NCDENR shall provide timely review comments to 

the MPO within twenty-one (21) days of receipt for inclusion in the final 

report in accordance with the terms and conditions of this Agreement. 

2.3 NCDOT DUTIES 

2.3.1 NCDOT shall participate in the SICM, Interagency Consultation 

Conformity Determination Meeting(s) and other appropriate 

committees/meetings established to discuss with the Parties on the 

development of a revised statewide transportation plan, including 

programs and projects. 

2.3.2 NCDOT shall consult with the Parties to develop the STIP and 

amendments thereto. Furthermore, NCDOT shall keep the Parties 

apprised of the status and content of statewide transportation plans and the 

STIP. 

2.3.3 NCDOT shall consult with the Parties to develop LRTPs, TIPs and 

amendments thereto by the dates agreed to in the Interagency Consultation 

Conformity Determination Meeting. 

2.3.4 NCDOT shall participate in the development and review of transportation 

system emissions modeling activities and projection procedures to ensure 

consistency of air quality and transportation system evaluation. 

2.3.5 NCDOT shall review and provide comments to the MPO on draft 

conformity analyses by the dates agreed upon in the Interagency 

Consultation Conformity Determination Meeting unless NCDOT has 

authored said conformity analysis report. 

2.3.6 NCDOT shall also provide information requested by other Parties to track 

the implementation of TCMs included in the SIP by the dates agreed to in 

the Interagency Consultation Conformity Determination Meeting. 

2.3.7 NCDOT shall assist NCDENR and the MPOs as needed for modifications 

or revisions to the SIP, which will include the assessment of effectiveness 

of existing TCMs and implementation of potential TCMs for inclusion in 

the SIP. 

2.3.8 NCDOT shall conduct project level conformity analysis for NCDOT 

sponsored projects as part of the NEPA process for FHW A/PTA projects 

located in the MPO boundary. 

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2.3.9 Enforceability of Design 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 operator to fulfill and complete all of the projects 

and operations identified by the project-level National 

Environmental Policy Act (NEPA) mitigation or control 

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 FHW A and FTA (USDOT) DUTIES 

2.4.1 FHW A and FTA shall consult with the Parties regarding the SICM, the 

Interagency Consultation Conformity Determination Meetings and other 

appropriate committees/meetings established to advise the Parties on the 

development of transportation plans, programs and projects, particularly 

as these relate to air quality-related issues. 

2.4.2 FHW A and FTA shall advise the Parties of changes 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 or revisions to the SIP, which will include the 

assessment of effectiveness of existing 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 

participation policy and procedures that meet the requirements of 23 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 of this Agreement. The final conformity finding made by FHW A 

shall be consistent with the requirements of the national conformity 

memorandum of understanding. 

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2.4.6 FHWA shall review and provide timely approval or rejection, in writing, 

of the final conformity determination report by the MPO of an amended 

and/or adopted transportation plan, program or project 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 of the draft or final LRTP and/or TIP document and related 

conformity determination to the FT A and USEP A unless an alternate 

coordination process is specified through interagency consultation. 

2.4.8 In accordance with 40 CFR 93.125(c), prior to 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 of the 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 of project level 

conformity determinations on USDOT (FHW A/FT A) projects as deemed 

appropriate by those 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 

of transportation plans, programs and projects, particularly as these relate 

to air quality-related issues. 

2.5 .2 USEPA shall, in a timely fashion, advise the Parties of changes to US EPA 

policy, regulation, and guidance related to air quality and conformity. 

2.5.3 USEPA shall review and comment, in writing to FHWA and the MPO, on 

draft and final conformity analyses in accordance with the terms of this 

Agreement and consistent with the requirements of the 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 of existing TCMs and implementation of potential TCMs for 

inclusion in the SIP. 

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2.5.5 USEP A shall review the adequacy of the Motor Vehicle Emissions 

Budgets, and determine the adequacy and approvability of submitted SIPs, 

including the Conformity SIP (the subject of this MOA) and any 

subsequent revisions, and of control strategy SIPs and any revisions. 

USEPA's determination of approvability shall be published 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 of the current federal transportation authorizing legislation, and the most 

current USDOT and USEP A regulations. At the time that a new or revised transportation 

plan is proposed, the MPO, in cooperation with NCDOT and local transportation 

planning agencies, shall prepare a list of new 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 established by the MPO, consistent 

with the requirements of 23 CPR Part 450, which provides opportunity for public review 

and comment prior to formal action on a conformity determination. The public review 

must provide reasonable public access to technical and policy information considered by 

the affected parties in making the conformity determination. 

Conformity determinations in rural portions of nonattainment and maintenance areas 

outside and adjacent to the MPO boundaries shall follow the specific public involvement 

process established by NCDOT, consistent with the requirements of 23 CPR Part 450, 

which provides opportunity for public review and comment prior to formal action to 

update the STIP. 

Any charges imposed for public review and copying should be consistent with applicable 

fee schedules including but not 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 of keeping all 

Parties and all MPOs abreast of new information concerning transportation planning 

generally and as it relates 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 by NCDENR after consultation with the Parties. The meeting shall 

consist of updates and other pertinent 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, NCDENR must provide prior notice to all Parties, at least 

fourteen (14) days in advance of the meeting. However, the Parties may waive the 

fourteen (14) day advance notice requirement if all Parties agree that an earlier scheduled 

meeting is in the best interest of the Parties. 

4.3 MEETING LOCATION AND AGENDA 

The SICM meeting location shall be determined based upon convenience and agreement 

by the Parties. NCDENR shall provide all Parties, including all Statewide MPOs, 

advanced notice of the meeting time, location and agenda. If necessary and convenient, 

the SICM meeting need not be a face-to-face meeting but may occur by telephone, video 

or some other practical 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 USEP A. 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. 

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5.0 INITIATING CONFORMITY DETERMINATIONS OR ANALYSIS 

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 of Exempt Status Required-- The MPO shall notify the 

Parties of adoption or approval of projects determined to be exempt by 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 

exempt projects as defined in 40 CFR 93.126, 93.127, and 93.128. 

Notification of deleted 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 conflict resolution 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 MPO, or its designee, shall call an 

Interagency Consultation Conformity Determination Meeting to which all Parties of this 

Agreement shall be invited by the MPO, or its designee .. The Interagency Consultation 

Conformity Determination Meeting shall be held prior 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 of the conformity analysis and to determine the 

schedule of preparation and review of the analysis. All of the information agreed upon 

by the Parties will be documented in the pre-analysis plan. If during 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 Determination Meeting has been 

scheduled. Said prior notice shall also be given to local transportation providers 

represented by the MPO. However, the Parties may waive the fourteen (14) day advance 

notice requirement if all 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 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 

presenting them. If it 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 

by telephone or teleconference so long as all the Parties agree. If some Parties are unable 

to attend the Interagency Consultation Conformity Determination Meeting(s), the MPO 

or its designee shall consider whether meaningful consensus can be reached with the 

available Parties. If the MPO or its designee determines the overall Party representation 

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 Consultation Procedures -- 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 and regional emissions analyses; 

6.3 .1.2 Determining which minor arterial and other transportation 

projects should be considered Regionally Significant Projects 

for the purpose of regional 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 of 40 CFR 93.126 and 93.127 should be 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 required by 40 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 if 40 CFR 

93 .113( c )(1) cannot be met; 

14 
6.3 .1.5 Choosing conformity tests and methodologies for areas outside 

the MPO boundary but 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 of determining conformity of all projects outside the 

metropolitan area and within the nonattainment or maintenance 

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, or its designee, will consult on the 

design, schedule and funding of research 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 of the 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 a joint responsibility of 

NCDENR, the MPO and NCDOT. NCDENR shall submit (at the 

Interagency Consultation Conformity Determination Meeting) a list of the 

TCMs, which are in the applicable implementation plan and their SIP 

schedules, to be included in the LRTP or TIP. 

15 
6.3.3 Scheduling Implementation-- The MPO or its designee shall provide a list 

of transportation system elements from the most recent conforming LR TP 

for inclusion in the current TIP to be completed in the time frame 

established in the LRTP. NCDENR or its designee (at the request of the 

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 of the 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 it relates to conformity-related issues. If the TIP is a 

subset of a currently conforming LRTP, the discussion of the TIP 

conformity analysis and determination may be made via e-mail or postal 

mail unless a Party member identifies sufficient reasons for including such 

discussions in a scheduled face-to-face meeting. If e-mail or postal 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 of any 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 CONFORMITY ANALYSIS RESULTS AND REPORTING 

The draft conformity analysis report shall be circulated to the Parties defined during the 

Interagency Consultation Conformity Determination Meeting for their review prior to 

releasing said draft report for public review as required by Title 15A N.C.A.C. 2D. 2003. 

After the Parties' twenty-one (21) day review period, or review period agreed upon by 

all Parties, the MPO shall provide public review and comments of the draft report in 

accordance with the MPO's public participation policies and procedures. The MPO shall 

not make conformity determination or plan adoption or approval until after the agency 

review is completed or the required review period has ended and after public 

participation. 

7.1 DOCUMENTATION OF CONFORMITY ANALYSIS 

The conformity analysis shall document all assumptions and relevant information used to 

determine the impact of the LRTP, TIP or FHW A/FTA project on travel and emissions in 

the region. 

Contents of the Regional Conformity Analysis Report -- The conformity analysis report 

shall include, but not be limited to, following documentation: 

7 .1.1 Forecasts of population, household and employment in the analysis shall 

be either mentioned or referenced in report; 

16 
7 .1.2 Inputs used to 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 comment upon the analysis results after receiving the results of the draft 

conformity analysis and report. The results shall also be made available to the public for 

review and comment in accordance with the MPO's public participation policy and 

procedures and 23 CFR 450.316(a) and 40 CFR 93.105(e). 

7 .2.1 Evaluation of Comments from the Public -- After the completion of the 

public comment period, the comments received from the public on the 

conformity analysis, shall be addressed in the final report and may be 

raised in an additional meeting between the Parties. Comments may be 

addressed individually or in summary form at the discretion of the MPO. 

7.2.2 Evaluation of Comments from the Parties-- If the Parties disagree with 

the conclusions of the analysis, the MPO shall convene a meeting or 

consult with the Parties via an electronic communication means 

(telephone, teleconference, e-mail, etc.) if agreed 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 MPO RESOLUTION 

The MPO may make a conformity determination and approval/adoption of the LRTP, 

TIP, RSP or applicable transit project after addressing conformity related objections and 

concerns raised by both the public and the Parties. 

8.1 NOTIFICATION OF MPO RESOLUTION 

The MPO shall provide FHW A and NCDOT with written notification of a conformity 

determination by MPO resolution within the time period agreed upon during interagency 

consultation meetings. The MPO shall include, along with the notification, a copy of the 

final conformity analysis and report. FHW A will be responsible for distribution of the 

final conformity analysis and report to the USEPA and FTA for formal review. 

8.2 NCDENR OBJECTION TO CONFORMITY DETERMINATION 

IfNCDENR objects to the MPO's conformity determination, NCDENR may appeal the 

MPO determination within fourteen (14) days of receiving notification of the MPO's 

determination. The appeal process and procedure to be followed shall be in accordance 

with the Conflict Resolution section of this Agreement. Notwithstanding NCDENR's 

right of appeal, NCDENR may waive its right to object, in writing, at any time during the 

fourteen (14) day appeal period. 

17 
8.3 USDOT REJECTION OF CONFORMITY DETERMINATION 

USDOT may reject the MPO determination within forty-five (45) days of receiving 

notification of the MPO's determination. The MPO may appeal the rejection to the 

Secretary of the USDOT. If no written approval or rejection has been received from 

USDOT after forty-five (45) days, the Secretary ofNCDOT, the Chairperson ofthe MPO 

or the Secretary ofNCDENR may provide a written request of review by the Secretary of 

the US DOT 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 of this Agreement. 

9.0 CONFLICT RESOLUTION 

The purpose of this 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 

of the Parties. It is the purpose of this 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 between NCDOT, NCDENR and the MPO causing a lack of 

consensus among the state Parties as to acceptance ofMPO conformity 

analysis may be resolved in the manner described below. IfNCDOT or 

NCDENR objects to the proposed conformity analysis prior to the MPO 

making a conformity determination by resolution, the issue may be 

resolved by the 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 of Air Quality Director 

MPO -- the MPO Executive Director or his or her designee. 

The Level I Resolution negotiators shall have five (5) business 

days, from notice, to resolve the matter by mutually agreed upon 

meeting forum, including, but not limited to, face-to-face 

meetings, telephone and e-mail. 

18 
9 .1.1.2 Level II Resolution - If the 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 of the NCDOT 

NCDENR --The Secretary ofNCDENR 

MPO -- the Chair of the MPO or his/her designee. 

The Level II Resolution Negotiators shall have ten (10) business 

days to resolve the matter by mutually agreed upon 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 by resolution and 

adoption/approval, NCDENR may appeal said conformity determination 

by resolution and adoption/approval to the Governor of North Carolina 

within fourteen (14) days of confirmation that NCDENR received notice. 

IfNCDENR appeals to the Governor, the final conformity analysis and 

determination must have the concurrence of the Governor ofNorth 

Carolina. NCDENR shall provide written notice of appeal under this 

subsection to the Chairperson of the MPO, the Secretary ofNCDOT, the 

PHWA North Carolina Division Administrator, and the USEPA and PTA 

Region 4 Administrators. Notwithstanding NCDENR' s right of appeal, if 

NCDENR supports the final conformity determination, NCDENR may 

voluntarily waive its right of appeal, in writing. 

9.1.2.1 Resolution ofNCDENR Appeal-- The Governor may delegate 

his or her role in this appeals process to another official or 

agency within the State, but not to the head or staff ofNCDENR, 

NCDOT, MPO, the North Carolina Board of Transportation, or 

any agency that has responsibility for any one of these functions. 

If the NCDENR does not appeal to the Governor within fourteen 

(14) days of the MPO's notification of conformity on the LRTP 

or TIP the MPO may continue submission of its conformity 

determination to USDOT for their final review and conformity 

determination. 

9.2 RESOLUTION OF CONFLICTS AT THE FEDERAL LEVEL 

It is the affirmative responsibility of PHW A and PTA to raise issues prior to the end of 

any agreed upon review period. If PHW 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 prior to writing negative comments or finding that the LRTP or TIP in 

question does not conform to the intent of the North Carolina SIP. 

19 
If, after the fourteen (14) day prior notice of the MPO's final conformity determination 

by resolution and approval/adoption, NCDENR has not appealed said final conformity 

determination (or waived it's right to appeal earlier), FHW A and FTA may provide 

written approval or rejection of the final conformity determination within forty-five (45) 

days of notice of final conformity determination. 

9.2.1 Consensus Among Federal Agencies-- If, within the forty-five (45) day 

period the FHW A and FT A are in disagreement over the approval or 

rejection ofthe conformity determination, the FHWA and FTA may 

escalate the conflict among their respective agencies in an attempt to 

resolve the issue within the forty-five ( 45) days time period. 

9.2 .2 Rejection by the Federal Agencies -- If the FHW A and FT A reject the 

conformity determination, the MPO, NCDOT or NCDENR may appeal 

said rejection to the Secretary ofUSDOT. 

9.2.3 No Action after Forty-Five ( 45) Days --If after forty-five ( 45) days, no 

written approval or rejection has been provided from FHW A and FTA, the 

Secretary ofNCDOT, the Chairperson of the MPO or the Secretary of 

NCDENR may provide a written request of review by the Secretary of the 

US DOT seeking a resolution among the FHW A and FT A. 

10.0 MODIFICATIONS OF AGREEMENT 

The Parties may propose revision(s) to this MOA, and request that Parties meet to 

consider such a revision. A change in duties as prescribed herein will require this MOA 

to be reviewed. Any requested modifications 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 of this MOA is five (5) years from the date of execution. The MOA 

will be reviewed by all Parties to this agreement to ensure it reflects the current 

transportation conformity regulation requirements. The renewal of this agreement is 

subject to the written approval of all Parties to this agreement. The renewed agreement 

will take effect after it has been formally adopted into the SIP. 

If the expiration date of this 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 of the requirements and obligations 

contained in any existing law or regulation, including but not limited to 

Clean Air Act, transportation conformity regulations ( 40 CFR Parts 51 and 

93), National Environmental Policy Act (NEPA), or the North Carolina 

Administrative Code at 15A NCAC. In the event of conflict between the 

provisions of this agreement and an existing regulatory provision, the 

regulatory provision shall prevail. 

12.2 Upon its execution by the Parties this MOA supersedes any and all 

previous agreements between the signatories with respect to matters 

addressed herein. 

12.3 This MOA does not create any, nor does it affect any existing, 

administrative or judicial right of the Parties. 

12.4 If any provision of this MOA is rendered or declared invalid by any final 

court action or decree, or by reason of preemptive legislation, the 

remaining sections of this MOA shall remain in full force and effect for 

the duration of the MOA. 

12.5 Unless otherwise specified, in computing any period of time prescribed or 

allowed in this MOA, Rule 6 "Time" of the North Carolina Rules of Civil 

Procedure shall apply. 

21 
IN WITNESS WHEREOF, the e executed this AGREEMENT on this 

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

Name: 

::~ Vivian A. Jon 

Title: N.C. Capital Area MPO 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 
IN WITNES1_ WHEREOF, the Parties have executed this AGREEMENT on this 

the S''-\-- day of .~\ , 2011. 

FTA 

By: Y v e t t e G . T a y 1 o r 

Name~\:':;~~ 

Title: Regional Administrator 

27