1 

# Washoe County Transportation Conformity Plan

Prepared by:

Regional Transportation Commission of Washoe County

Washoe County Health District - Air Quality Management D ivision

January 20132 

## EXECUTIVE SUMMARY

The purpose of the Washoe County Transportation Conformity Plan is to enhance regional air quality, promote a healthy community and implement the Clean Air Act and related federal requirements regarding the conformity of transportation plans, programs, and projects with state implementation plans (SIP)

. This plan addresses transportation plans, programs, and projects developed by the United States Department of Transportation and the Washoe County Metropolitan Planning Organizati on or other recipients of funds.

The Washoe County Transportation Conformity Plan is based on the Clean Air Act section 176(c)(4)(E), which provides the requirements for conformity SIPs, and the transportation conformity regulations at
40 CFR Part 51.390 and Part 93.100

- 129. These regulations detail consultation criteria, policies, and procedures that Metropolitan Planning Organizations must follow when addressing transportation conformity issues.

The Washoe County Transportation Conformity Plan applies to all EPA designated nonattainment and maintenance areas for transportation related criteria pollutants within Washoe County, Nevada, now or in the future. The Regional Transportation Commission (RTC) will update this plan whenever the United States Con gress enacts new regulations that affect transportation consultation criteria, policies, or procedures.3 

## Contents Acronyms and Abbreviations

....................................................................................................................... 4

A. Introduction

................................................................................................ ............................................. 5
1. Washoe County M etropolitan Planning Organization

......................................................................... 5
2. Federal Regulations

.............................................................................................................................. 5
3. Transportation Conformity

.................................................................................................................. 6

a. Conformity Procedures

.................................................................................................................... 6
b. Conformity Consultation

.................................................................................................................. 7
B. Interagency Consultation

......................................................................................................................... 8
1. General Interagency Consultation as Applied to Washoe County

....................................................... 8
a. Conformity Working Group, Lead Agencies and Responsibilities

.................................................... 8
b. General Roles and Responsibilities of Each Agency in the SIP Development and Transportation Planning Processes

............................................................................................................................. 10
c. CWG Interagency Consultation Procedures

................................................................................... 12

3. S pecific Interagency Consultation Processes.

.................................................................................... 14
4. Resolving Conflicts.

............................................................................................................................ 14

5. Public Consultation Procedures.

........................................................................................................ 15
C. Conformity Procedures

.......................................................................................................................... 16

1. Enfor ceable Written Commitments Required for Emissions Reduction Credits

............................... 16
2. Enforceability of Design Concept and Scope; Project

- Level Mitigation and Control Measures

........ 164 

## Acronyms and Abbreviations

BCC

— Washoe County Board of County Commissioners

CAA

— Clean Air Act of 1970, as amended

CFR

— Code of Federal Regulations

CO

— carbon monoxide

CWG

— Conformity Working Group

DOT

— U.S. Department of Transportation

EPA

— U.S. Environmental Protection Agency

FHWA

— Federal Highway Administration

FTA

— Federal Transit Administration

MPO— Metropolitan Planning Organization

NAAQS— National Ambient Air Quality Standards

NDEP

— Nevada Division of Environmental Protection

NDOT

— Nevada Department of Transportation

NEPA

— National Environmental Policy Act

PM2.5

— particulate matter 2.5 microns o r less in diameter

PM 10 —p articulate matter less than 10 microns in diameter

PPP

— Regional Transportation Commission Public Participation Plan

RTC

— Regional Transportation Commission of Washoe County

RTIP

— Regional Transportation Improvement Program

RTP

— Regional Transportation Plan

SIP

— State Implementation Plan

TCM

— Transportation Control Measure

TCP

— Transportation Conformity Plan

TMRPA

— Truckee Meadows Regional Planning Agency

WCAQMD— Washoe County Health District - Air Quality Management Division5 

## A. Introduction

**1. Washoe**  **County Metropolitan Planning Organization**
Pursuant to Nevada statute (NRS 277.A) , the Regional Transportation Commission of Washoe County (RTC) is required to identify and fund needed regional street and highway imp rovements in Washoe County; serve as the Metropolitan Planning Organization (MPO); coordinate and facilitate the federally mandated transportation planning process for the Reno

- Sparks urbanized area and for all of Washoe County; and provide public mass transportation to Washoe County.

Representatives elected from Washoe County, as well as from the cities of Reno and Sparks serve on the RTC Board of Directors

. The D irector of the Nevada Department of Transportation (NDO T) presides as

an ex

- officio member.

As the MPO, the RTC is charged with facilitating the federally mandated transportation planning process. Along with local entities and the state, the RTC identifies and coordinates all federal and state transportation projects and directs expenditures of local gas tax funds. These projects are denoted in RTC’s Regional Transportation Plan (RTP) and Regional Transportation Improvement Program ( R TIP). While developing these transportation plans, the RTC provides local r esidents and other members of the private sector with the opportunity to participate in the planning process.


### 2. Federal Regulations Federal law requires that regional planning officials prepare both a transportation plan to benefit public mobility and an air quality plan to benefit public health. Under the federal Clean Air Act (CAA), transportation activities that receive federal funding or approval must be fully consistent with the plan developed to meet federal clean air standards, known as the sta te implementation plan (SIP). The SIP is developed by the Washoe County Health District - Air Quality Management Division ( WCAQMD ).

The CAA prohibits federal agencies and MPOs from approving any transportation plan, program, or project that fails to confo rm with the SIP. The 1990 CAA amendments expanded federal regulation by defining and explaining implementation plan conformity, and providing conditions for approval of transportation plans, programs, and projects. On the conformity issue, the CAA states :
“Conformity to the plan’s purpose of eliminating or reducing the severity and number of violations of the national ambient air quality standards and achieving expeditious attainment of such standards; and that such activities will not (i) cause or contribute to any new violation of any standard in any area; (ii) increase the frequency or severity of any existing violation of any standard in any area; or (iii) delay timely attainment of any standard or any required interim emission reducti ons or other milestones in any area.”

In addition to the CAA, the Code of Federal Regulations (CFR) Title 40, Part s 51 and 93 specif y criteria and procedures for conformity determinations for transportation plans, programs, and projects.

T he Environmental Protection Agency ( EPA ) requires that states with areas that do not meet the National Ambient Air Quality Standards (NAAQS , defined as nonattainment areas ) , submit a SIP revision containing the criteria and procedures for federal, state, and local agencies to determine the conformity6 of transportation plans, programs, and projects with the SIP. This stipulation applies to all nonattainment and maintenance areas for transportation

- related criteria pollutants for which the area is designated no nattainment or has a maintenance plan

. EPA has designated parts of Washoe County as nonattainment or maintenance areas for carbon monoxide (CO) and particulate matter less than 10 microns in diameter (PM 10 ). The conformity requirement applies to federal transportation decisions made in CO and/or PM 10 nonattainment or
maintenance areas. As such, Washoe County must submit a Transportation Conformity Plan (TCP) to EPA, via the S tate of Nevada as a SIP revision

. 

### 3. Transportation Conformity

C onformi t y determinations for transportation programs and projects are made by MPOs in metropolitan areas and by state departments of transportation in nonmetropolitan areas. The RTC, as the MPO for Washoe County and the Reno

- Sparks urbanized area, serves as the a gency for conducting transportation conformity. These determinations are made in close coordination with the WCAQMD, NDOT, EPA, and other partner agencies.

The federal transportation conformity rule (40 CFR Part 93) applies to Long

- Range Transportation Pl ans (RTP), regional transportation improvement programs ( R TIP) , and projects funded by the Federal Highway Administration (FHWA) or the Federal Transit Administration (FTA). C onformity determinations are required every four years, as well as when RTP or R TIPs s are updated. If a n MPO adopts a 20

- year RTP, or a short

- term federal R TIP, it must include a conformity analysis. In addition, sponsors of transportation projects that require federal approval are responsible for assessing project conformity. The FHWA, in consultation with the FTA and the EPA, provide approval of the conformity finding developed by the RTC for RTPs and R TIPs. RTC will coordinate with NDOT regarding project level conformity analysis.

**a. Conformity Procedures** The RTC adhere s to the criteria contained in the transportation conformity rule

. For the RTP and R TIP, conformity first involves an emissions test. The air quality plans in the SIP forecast levels of pollutant emissions that will enable steady progress toward attainmen t of air quality standards by CAA deadlines, backed up by control strategies that will enable these levels to be reached. Such fo recasts are divided by emission source; the motor vehicle emissions budget is the on

- road mobile source portion of the forecas t , after control measures are applied

.

To be in confo rmity with the SIP, the region’s transportation plan and program shall generate vehicle emissions that are within each applicable emissions budget. Emissions from transportation activities must conform to the purpose of the SIP to cause no new violations, no worsening of existing violations, and no delay in timely attainment. Conformity determinations are required for transportation plans extending through a 20

- year period, evaluating the emissions

- rel ated impacts of all projects, programs and policies defined in the RTP and R TIP. Conformity rules also require timely implementation of transportation control measures (TCMs) and project

- level analyses (hot

- spot) for individual transportation projects.7 **b. Conformity Consultation** While the RTC shall adhere to the procedures in the federal transportation conformity rule, areas are required to tailor three sections of the rule for their local Conformity Plan. These sections cover procedures for interagency consultation, conflict reso lution, and public consultation

. The Clean Air Act requires that the conformity SIP contain:

i. Consultation procedures;

ii. Procedures to obtain written commitments to implement control measures that are not included in a MPO’s plan and R TIP prior to using emissions reductions associated with the control measures in conformity determinations, and requirements that such commitments must be fulfilled; and

iii. Procedures to obtain written commitments to mitigation measure s prior to a project

- level conformity determination, and a requirement that project sponsors must fulfill
such commitments.

In general, the procedural aspect of the rule provides an effective mechanism to address and resolve problems as early as possible. The procedures set forth are clear, explicit, mandatory, and binding on all parties covered by the federal regulations.8 

## B. Interagency Consultation Local air and transportation agencies regularly consult with each other and involve state and federal agencies because joint transportation and air quality planning assists both conformity assessments and air pollution reduction efforts. This interagency consultation process involves the EPA, FHWA, FTA, state and local transportation agencies, and state and local air quality agencies. Local transportation and air quality planning processes are open to interested organizations and members of the public.

Consultation is required when the MPO affects transportation by making a conformity determination, or by the MPO or local air quality agency developing or revising a RTP, R TIP, or SIP. The RTC shall consult with all concerned agencies, such as the WCAQMD
, NDOT, Nevada Division of Environmental Protection (NDEP), EPA, U.S. Department of Transportation (DOT), FHWA, and FTA, before making conformity determinations, or before developing or revising a RTP or R TIP. In addition, the RTC shall ensure that the pub lic and any interested organizations have the opportunity to participate in the planning process. Similarly, the WCAQMD shall consult with these agencies and RTC before developing or revising a control strategy SIP , especially plans that establish motor ve hicle emissions budgets or Transportation Control Measures

. The RTC shall adhere to the transportation conformity procedures set forth in the
TCP.



### 1 **. General Interagency Consultation as Applied to Washoe**  **County**

**a. Conformity Working Group ,**  **Lead Agencies and Responsibilities**  The RTC, along with any other governmental entity responsible for developing, submitting, and/or employing provisions of the TCP, shall consult with all concerned agencies, such as the WCAQMD, NDOT, NDEP, EPA, FHWA, F TA
, and TMRPA as described below.

The interagency consultation process in Washoe County is implemented through the Conformity Working Group (CWG), which is comprised of stakeholder federal, state and regional agencies. Each
CWG member agency and their area of responsibility are denoted in Table 1.9 Table 1 Interagency Consultation Team Members & Overview of Responsibilities Agency Area of Responsibility U.S. Environmental Protection Agency Review SIP, RTP, RTIP & other environmental documents , including regional plan and project level conformity determinations Federal Highway Administration Review SIP, RTP, RTIP & other environmental documents , including regional plan and project level conformity determinations

Federal Transit Administration Review SIP, RTP, RTIP & other environmental documents , including regional plan and project level conformity determinations

Nevada Department of Environmental Protection Develop SIPs for compliance with requirements

Nevada Department of Transportation Develop ST IP & incorporate RTIP , project level conformity air quality analysis

Regional Transportation Commission of Washoe County Develop RTP, RTIP, conformity analysis, travel demand modeling, air quality analysis on RTP/RTIP, and scheduling interagency consultation meetings

Washoe County Health District - Air Quality Management Division Develop SIP, regional a ir quality modeling, emission budgets, SIP analysis & findings

Truckee Meadows Regional Planning Agency Develop regional population & employment forecasts

A CWG meeting is arranged by the RTC or WCAQMD to address any one of the actions listed below. Any CWG member or other party may initiate the consultation process at any time as needed

.

i. The development or review of a draft RTP , amendment/revision to the RTP requiring an air quality conformity analysis, or draft RTP conformity analyses. The RTC is the lead agency.

ii. The development or review of a draft R TIP , amendment/revision to the R TIP requiring an air
qu ality conformity analysis, or draft R TIP conformity analyses . The RTC is the lead agency.

iii. The development of SIP s and any revisions that affect transportation or emissions budgets. The WCAQMD is the lead agency.

iv. The notification of SIP findings that m ay lead to nonconformity and/or sanctions. The WCAQMD is the lead agency. Actions on SIPs that lead to conformity freezes are initiated by EPA.

v. The scheduling of quarterly CWG meetings. The RTC is the lead agency.10 vi. Transportation Control Measure Plan revisions for inclusion into the SIP, as prepared by the RTC for the WCAQMD

. The RTC is the lead agency.

vii. The proposed changes to, or elimination of, mitigation measures for regionally significant conforming projects, as allowed pursuant to 40 CFR part 9 3. The project proponent is the lead agency for the event, and has discretionary project and mitigation requirement approval authority.

viii. The proposed changes to, or elimination of, mitigation measures initiated by the RTC as conditions for the RTP or R TIP conformity determinations. The RTC is the lead agency.

**b. General Roles and Responsibilities of Each Agency in the SIP Development and**  **Transportation Planning Processes** The general interagency procedures broadly define each agency’s roles and responsibilities during the SIP development and transportation planning processes, including technical meetings. The general roles and responsibilities of the RTC, WCAQMD
, TMRPA, NDOT, NDEP, FWHA, and FTA in the consultation process are listed below in Table 2

. These agencies may have additional specialized responsibilities, such as lead agency or specific interagency consultation duties, which are detailed in
other TCP sections.11 Table 2 CWG Agencies’ Roles and Responsibilities in SIP Development and Transportation Planning Processes Document Type Agency SIP RTP R TIP Conformity Findings

RTC • Provide technical and policy consultation on emissions budgets

• Prepare system

- based and non

- regulatory TCMs, using WCAQMD criteria

• Provide consultation on proposed revisions that relate to transportation or emissions budgets

• Implement TCMs on schedule where responsible

• Monitor TCM implementation

• Recommend revisions to replace ineffective TCMs • Develop, implement, and revise document and associated conformity analysis

• Incorporate TCMs developed with the WCAQMD and NDOT • Develop, implement, and amend document and associated conformity analysis

• Routinely obtain plans for regionally significant federal and nonfederal projects from NDOT and local agencies and consult with those agencies on possible alternatives, locations, design concepts, and scope for regional emissions analysis purposes

• Regularly obtain changes to plans for regionally significant federal and nonfederal projects and alternatives, and make new RTIP conformity determinations

• Solicit candidate projects from cities, the county and other participating agencies for inclusion in the draft and final document • Determine and document conformity between the SI P and RTP, the R TIP , and amendments that involve projects not exempt from federal transportation conformity regulations

• Conduct transportation modeling and regional analysis

• Monitor and document implementation of TCMs in the SIP and consult with CWG

• Obt ain written commitments for project

- level and regional mitigation/control measures identified as conditions for making conformity determinations for the RTP and R TIP

• Include project

- level mitigation in the assumptions used in the regional conformity analy sis

• Propose changes to, or elimination of, mitigation measures for conforming the R TIP or the RTP to the CWG if requirements are satisfied without the mitigation or control measures

WCAQMD As the air pollution control agency of Washoe County, the Washoe County Health District provides the following:

• Develop, implement, and revise transportation

- related rulemakings, including attainment and maintenance demonstrations, reasonable further progress reports, regulatory TCMs, and action s that affect the motor vehicle emissions budget

• Consult with the CWG on the development of transportation

- related revisions, including development of new control measures and inclusion of TCMs

• Adopt emissions obtained in consultation with the CWG and in accordance with other c onformity provisions

• Develop, solicit input on, and implement updated motor vehicle emissions factors /models for use in control strategy development • Provide consultation

• Submit candidate projects and programs for inclusion in the draft • Provide consultation

• Submit candidate projects and programs for inclusion in the draft • Provide consultation to the RTC on the proper use of motor vehicle emissions budgets and other regional emissions modeling issues

• Collaborate with the RTC to develop, implement, and revise TCMs

• Develop, solicit input on, and implement updated motor vehicle emissions factors •P rovide consultation on draft RTPs and R TIPs

NDOT •Provide consultation on emissions budget development and overall transportation

- related revisions •Provide consultation on TCM development •Implement TCMs for which it has responsibility •Provide consultation to NDEP on proposed revisions to motor vehicle emissions factors •Submit candidate projects and programs for inclusion in the draft •Provide cons ultation on the draft and amendments •Review the final document and provide recommendations for the state transportation plan •Submit candidate projects and programs for inclusion in the draft R TIP •Review and comment on the draft TIP and amendments •Incorporate the R TIP into the federal state transportation improvement plan and submit it to the FHWA division office and the FTA regional office •Provide consultation to the RTC on drafts •Ascertain the project

- level conformity of regionally significant state transportation projects •Provide consultation to the FHWA division office on RTC conformity determinations

NDEP •Review draft and final submittals for compliance with applicable requirements •Transmit submittals to the EPA •P rovide consultation on e missions and dispersion modeling • Provide consultation • Provide consultation • Provide consultation on drafts •Provide consultation to federal agencies, including FHWA and FTA, on final determinations

EPA •Review, make findings on SIP revisions in a timely manner, and notify agencies of related proposed and final actions •Provide CAA guidance to other agencies •Provide agencies and the public with a 30

- day comment period before making SIP findings •Provide consultation •Review and comment on revisions •Provide consultation •Review and comment on revisions •Provide consultation to the RTC on draft conformity determinations •Provide consultation to NDOT on final RTP and R TIP conformity determinations •Provide the most recent EPA -a pproved motor vehicle emissions factors for use in emission analysis •Provide guidance on transportation conformity rule to other agencies

FHWA/FTA •Review and comment on revisions within 30 days of EPA notification •Provide guidance to the RTC on the conformity implications of submittals •Provide consultation on drafts, determine conformity, and notify the CWG and other affected agencies • Provide consultation on drafts, determine conformity, and notify the CWG and other affected agencies • Provide consu ltation on draft findings to the RTC •Determine conformity of the RTP, the R TIP, and amendments •Consult with EPA and NDEP during the 30

- day comment period before making conformity determinations •Provide guidance on transportation legislation

TMRPA •Prov ide consultation •Develop the regional 20

- year Consensus Forecast for population and employment in collaboration with the Cities of Reno and Sparks and Washoe County • Provide consultation on draft documents and amendments •Provide consultation on the draft and amendments •Provide consultation on drafts12 **c. CWG Interagency Consultation Procedures**  The administrative procedures defined here are intended to promote effective and efficient information sharing and analysis. The regular consultation organizational level and interagency communication procedures are listed for CWG administrative meeting s in Table 3 , while additional consultation and communication procedures for document development and adoption are listed for the CWG lead agency in Table 4.

Table 3 General CWG Administrative Meeting Requirements Communicators and

Communication Methods Regular Consultation Organization Level and Interagency Communication Procedures

Meeting Attendees •CWG representatives, or their designees, attend CWG meetings – see Table 1 for governmental agencies comprising CWG

Meeting Administrator • The RTC shall administrator quarterly meetings. •The quarterly meetings shall address any regulatory, policy, or technical developments that could affect conformity criteria or procedures. Topics at quarterly meetings may include: revisions, additions, and deletions to the adopted conformity criteria and procedures for Washoe County; and status reports on topics relevant to conformity, which includes, among other things, sanction clocks, transportation

- related SIPs, changes to regulations or tools, and the latest conformity findings.

• The lead CWG agency, whether it is the RTC, WCAQMD, or the Project Proponent, shall administer specifically convened or out

- of

- cycle meetings.

• A CWG agency member may request an out

- of

- cycle meeting to consider relevant topics or urgent
matters. Such a request shall be made to or by the lead CWG agency, accompanied by the reason for the meeting. The CWG lead agency shall administer the meeting and follow the procedures set forth in the TCP, unless two or more members agree that the topic does not fit within this fram ework. In that case, the CWG shall adopt a reasonably equivalent framework.

General Communication Requirements of the Meeting Administrator • Arrange meeting times and locations, and give proper notice to CWG members and interested parties

• Provide all meeting materials, including agendas, initial documents, and proposed alternatives to CWG members at least one week before a meeting

• Develop meeting minutes •Distribute agendas and minutes to other members of the CWG and any interested parties •Provide su fficient information at either the initial meeting or a subsequent meeting to enable members to review and comment knowledgably •Provide any other public information needed to form a common basis of understanding •Supply all relevant documents and informat ion to member agencies promptly •Maintain a complete and accurate record of all agreements, planning and programming processes, and consultation activities, and make the record available for public inspection upon request •Notify the public that they may o btain a draft, or final document and supporting materials •Distribute final documents, such as transportation

- related SIP submittals, R TIPs, RTPs, conformity determinations, to CWG members at the same time they are submitted t o appropriate federal agencies Communication Methods at Meetings • All CWG meetings shall be conducted face

- to

- face or through conference calls

Communication Methods between Meetings •When communicating between meetings, email is an appropriate form of communication for, among other things, disseminating information, requesting information, asking/answering questions, and receiving/sending comments •The meeting administrator may set forth more specific email procedures, if warranted13 Table 4 CWG Lead Agency Document Development a nd Adoption Responsibilities Lead Agency Requirements

General Consultation •Provide an opportunity for early review and comment on draft documents, an d convene CWG meetings early in the process of finalizing documents •Facilitate advisory committee reviews of draft materials

• Provide local agencies and the public with opportunities for input through regional advisory committees and workshops

• Consider CWG member views before taking any actions and provide a prompt, substantive response before making final decisions

• Provide, upon request by any member of the CWG, a written response

Conformity Analysis • Seek tentative approval at the initial meeting from the CWG for planning assumptions and modeling approaches

• Hold initial meeting before the RTC completes any analyses

• Hold initial meeting at least 60 days before the draft document is either issued or accepted for distribution by the policy board

TCM Analysis • Recommend revisions to replace ineffective TCMs and revise the TCM list whenever the SI P is updated

• Distribute the initial and revised list of TCMs to the CWG for their review and comment

• Prepare this document for inclusion in SIP revisions, which are written by WCAQMD

• Implement TCMs on schedule where responsible or otherwise monitor TCM implementation

Information Dissemination • Provide in written form, either at the first meeting or a subsequent meeting, the relevant requirements and criteria, the analytical approach, and any proposed alternatives

• Proposed alternatives for the R TIP, th e RTP, and conformity determinations may consist of: emissions data analyses, model documentation and assumptions used to perform a conformity determination, and project categories utilized in the analysis, including TCMs

• Proposed alternatives for transportation

- related or emissions budget

- related SIP revisions may consist of the following materials, as determined appropriate by the CWG: emissions data analyses; model documentation and assumptions used to prepare emissions budgets, control strategi es , and maintenance demonstrations; the analytical process that determined which control strategies, including TCMs, to include in the SIP; and the process that determines the emissions reductions associated with each strategy

Draft Analyses • Provide draft analyses through the circulation of draft RTPS, R TIPs, conformity determinations and transportation

- related SIP submittals

• Give CWG agencies at least 30 days to review and comment

• Consider all comments before issuing a draft document Meeti ng Topic Dissemination • Discuss meeting topics with the RTC and WCAQMD advisory committees and the public, as appropriate

Soliciting Federal/State Involvement •Seek comments from affected federal and state agencies by encouraging participation in document development and soliciting supporting material submissions •Seek input from state and federal agencies during the interagency consultation process, and garner those agencies’ concurrence on significant issues prior to the completion of any analyses •Send meeting minutes, agendas, and supporting documentation

Draft Documents • Circulate, or provide ready access to, draft documents and supporting materials, for RTPs, R TIPs, conformity determinations, and transportation

- related SIP submittals, for comment bef ore formal adoption or publication

• Provide CWG agencies with at least 30 days to review draft documents and supporting materials, and submit comments in writing to the lead agency

• Provide written responses to a CWG agency’s comments within 30 days of receipt of a CWG agency’s
comments Document Approval • Submittal of adopted document to state and federal officials for final approval14 

### 3. Specific Interagency Consultation Processes.
Table 2 sets forth well

- defined rules, responsibilities and procedures for the CWG agencies. In addition, certain CWG agencies shall also follow the interagency consultation procedures in specific instances as denoted in Table
5

.

Table 5 Specific Interagency Consultation Affected CWG

Member(s) Conduct Requiring Interagency Consultation

Lead CWG Agency, RTC, WCAQMD, NDOT, NDEP, EPA, FTA, FHWA, DOT • Evaluating and choosing which data, model(s), associated methods, and assumptions are to be utilized in hot spot analyses, preparing motor vehicle emissions budge t s fo r SIPS, and regional transportation emissions analyses, which includes forecasting vehicle miles traveled

• Determining which minor arterials and other transportation projects should be considered regionally significant in analyzing regional emissions that are in addition to those functionally classified as principal arterial or higher, or as fixed guideway systems, or extensions that offer an alternative to regional highway travel

• Determining which projects should be considered to have a significant change in design concept and scope from the RTP or R TIP

• Evaluating whether projects otherwise exempted from meeting the requirements of the transportation conformity regulations should be treated as non

- exempt where potential adverse emissions impacts may exist for any reason •Notifying other agencies of RTP and R TIP revisions or amendments which only add or delete exempt projects •Determining localized CO, PM 10 , and PM 2.5 concentrations, also known as hot spot analysis, and specifically identifying projects at sites in PM 10 nonattainment areas that have vehicle and roadway emission and dispersion characteristics similar to those at sites with violations verified by monitoring and thus require quantitative PM 10 hot spot analysis

• Choosing conformity tests and met hodologies for isolated rural nonattainment and maintenance areas Lead CWG Agency, RTC, WCAQMD, NDOT, NDEP • Evaluating events that trigger new conformity determinations, in addition to those listed in 40 CFR 93.104

• Consulting on emissions analysis for transportation activities that cross borders of MPOs, nonattainment areas, or air basins

RTC, Lead CWG Agency, NDOT • Planning, analyzing and determining the conformity of all projects outside the metropolitan planning area and within the nonattainment or maintenance areas Lead CWG Agency, RTC, NDOT, Other CWG Members • Ensure that plans for construction of regionally significant projects, which are not FHWA/FTA projects, are regularly disclosed to the RTC including projects by fund recipients designated un der U.S.C. Title 23 or 49

Lead CWG Agency, RTC, Other CWG Members • Monies have been received pursuant to U.S.C. Title 23 or 49, for the location, design concept and scope of projects that have been disclosed to the RTC, but whose sponsors have not developed the projects in enough detail to perform a regional emissions analysis

• Projects subject to this requirement include: alternative locations, design concept and scope, and the

no

- building option. CWG members must notify the RTC of any changes to construction plans immediately

RTC • Design, schedule, and funding of research and data collection efforts and regional transportation model development
Lead CWG Agency • Provide agenda and support materials , including applicable implementation plans, impl ementation plan revisions, and supporting information, to each CWG agency, within one week of scheduled meetings



### 4. Resolving Conflicts. Issues may arise between any of the CWG members during the conformity determination process. Agencies shall make every effort to resolve differences quickly and effectively. Initially, member agencies shall hold15 informal discussions and/or personal meetings between the agencies to resolve issues quickly and effectively. Table 6 de tails the resolution process. Issues involving statutory mandates and/or duties of the WCAQMD or the Washoe County Health District shall be exempt from this process and shall be decided by the Washoe County District Board of Health.

Table 6 Conflict Resolution Steps for Local and State Agencies Resolution Steps Disagreements Among Local or Regional Agencies Disagreements Involving State Agencies Step 1: Initial Resolut i on Member Agencies shall hold informal discussions Agency heads or their policy

- level representatives shall hold personal meetings

Step 2: Appellate Procedures If no resolution is reached , the issue shall be presented to a panel consisting of the Executive Directors of the RTC and TMRPA and the District Health Officer or their designees . The panel has 14 days* to make a recommendation If no resolution is reached, the issue shall be presented to the NDEP head . T he NDEP has 14 days * to make a recommendation

Step 3 : Final Resolution If the panel’s recommendation is not acceptable, it will be appealed to the RTC Boar d. T he RTC shall have 60 days from date of referral to decide the issue If NDEP’s recommendation is not acceptable, it will be appealed to the Governor of Nevada. The Governor may delegate the role of hearing the appeals to another state official or agen cy. The Governor shall not delegate this role to the NDEP, a state transportation commission or board, any agency that has any of these functions, or the RTC * The 14

- day period shall commence when the RTC or the NDOT confirms that the panel/ NDEP directo r has received all

comments

. 

### 5. Public Consultation Procedures.

Pursuant to federal regulations, affected agencies making conformity determinations on transportation plans, programs, and projects shall establish a proactive public involvement process. Table 7 denotes general consultation procedures

.

Table 7 Public Consultation Procedure Requirements for CWG Agencies Consultation Procedures Requirements of CWG Agencies

General • Public outreach will be in conformance with the RTC’s Public Participation Plan ( PPP ) •The RTC shall maintain a comprehensive committee structure that provides a forum for local agencies and the public to participate in the regional transportation planning process and associated air quality conformity determinations

• The WCAQMD shall provide for broad

- based community involvement in state and federal air quality compliance activities •Local agency and public participation shall be encouraged through policy board meetings of member agencies, public hearings, and public information programs •The RTC shall specifically address in writing all public comments16 

## C. Conformity Procedures Under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, conformity SIPs shall include conformity procedures that address 40 CFR 93.122(a)(4)(ii) and 93.125(c) (all remaining conformity procedures apply automatically)

. 

### 1. Enforceable Written Commitments Required for Emissions Reduction Credits Emissions reduction credit from control measures that are not included in the transportation plan and R TIP, and that do not require a regulatory action in order to be impleme nted, may not be included in the emissions analysis unless the conformity determination includes written commitments to the implementation from the appropriate entities.

Prior to making a conformity determination on the RTP or R TIP, the RTC, as lead age ncy, shall not include emissions reductions credits from any control measures that are not included in the RTP or TIP and that do not require a regulatory action in the regional emissions analysis used in the conformity analysis unless the RTC or FHWA/FTA obtains written commitments 1



### 2. Enforceability of Design Concept and Scope; **Project**

**- Level Mitigation and Control**  **Measures** , from the appropriate entities to implement those control measures. The written commitments to implement those control measures shall be fulfil led by the appropriate entities

.

Prior to making a project

- level conformity determination for a transportation project, FHWA/FTA shall obtain written commitments from the project sponsor and/or operator to implement any project

- level mitigatio n or control measures in the construction or operation of the project identified as conditions for NEPA approval.

The written commitments to implement those project

- level mitigation or control measures shall be fulfilled by the appropriate entities. Prio r to making a conformity determination on the RTP or R TIP, the RTC shall 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 i n the conformity determination

. Prior to making a project

- level conformity determination, the lead CWG agency shall obtain written commitments before such mitigation or control measures are used in a project

- level hot

- spot conformity analysis.

1 A written commitment includes a description of the action to be taken; a schedule for the completion of the action; a demonstration that funding necessary to implement the action has been authorized by the appropriating or authorizing body; and an acknowledg ment that the commitment is an enforceable obligation.17 

## APPENDIX A Documentation of Public Review Process

This section will contain documentation on the preparation and review of the document including the working group, RTC advisory committees, RTC Board and Washoe County District Board of Health

.