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Washoe County

Transportation Conformity Plan 

Prepared by: 

Regional Transportation Commission of Washoe County

Washoe County Health District - Air Quality Management Division

January 2013
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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 Organization 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 Congress enacts new regulations that affect transportation consultation criteria, policies, 

or procedures. 
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Contents

Acronyms and Abbreviations....................................................................................................................... 4

A. Introduction............................................................................................................................................. 5

1. Washoe County Metropolitan 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. Specific Interagency Consultation Processes.....................................................................................14

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

5. Public Consultation Procedures.........................................................................................................15

C. Conformity Procedures..........................................................................................................................16

1. Enforceable Written Commitments Required for Emissions Reduction Credits...............................16

2. Enforceability of Design Concept and Scope; Project-Level Mitigation and Control Measures........16
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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 or less in diameter

PM10—particulate 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 Division 
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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 improvements 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 Director of the Nevada Department of Transportation (NDOT) 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 (RTIP). 

While developing these transportation plans, the RTC provides local residents 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 state 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 conform 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 reductions or other milestones in any area.” 

In addition to the CAA, the Code of Federal Regulations (CFR) Title 40, Parts 51 and 93 specify criteria 

and procedures for conformity determinations for transportation plans, programs, and projects. 

The 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 conformity 
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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 nonattainment 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 (PM10). The conformity 

requirement applies to federal transportation decisions made in CO and/or PM10 nonattainment or 

maintenance areas. As such, Washoe County must submit a Transportation Conformity Plan (TCP) to 

EPA, via the State of Nevada as a SIP revision. 

3. Transportation Conformity 

Conformity 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 agency 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 Plans

(RTP), regional transportation improvement programs (RTIP), and projects funded by the Federal 

Highway Administration (FHWA) or the Federal Transit Administration (FTA). Conformity 

determinations are required every four years, as well as when RTP or RTIPs s are updated. If an MPO 

adopts a 20-year RTP, or a short-term federal RTIP, 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 RTIPs. RTC will coordinate with NDOT regarding project 

level conformity analysis. 

a. Conformity Procedures 

The RTC adheres to the criteria contained in the transportation conformity rule. For the RTP and RTIP, 

conformity first involves an emissions test. The air quality plans in the SIP forecast levels of pollutant 

emissions that will enable steady progress toward attainment of air quality standards by CAA deadlines, 

backed up by control strategies that will enable these levels to be reached. Such forecasts are divided 

by emission source; the motor vehicle emissions budget is the on-road mobile source portion of the 

forecast, after control measures are applied. 

To be in conformity 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-related impacts of all projects, programs 

and policies defined in the RTP and RTIP. Conformity rules also require timely implementation of 

transportation control measures (TCMs) and project-level analyses (hot-spot) for individual 

transportation projects. 
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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 resolution, 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 RTIP 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 measures 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. 
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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, RTIP, 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 RTIP. In addition, the RTC shall ensure that 

the public 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 vehicle 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, FTA, 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. 
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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 STIP & 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 air 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 RTIP, amendment/revision to the RTIP requiring an air 

quality conformity analysis, or draft RTIP conformity analyses. The RTC is the lead agency.

iii. The development of SIPs and any revisions that affect transportation or emissions budgets. 

The WCAQMD is the lead agency. 

iv. The notification of SIP findings that may 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.
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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 93. 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 RTIP 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. 
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Table 2 

CWG Agencies’ Roles and Responsibilities in SIP Development and Transportation Planning Processes

Document Type

Agency SIP RTP RTIP 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 SIP and RTP, 

the RTIP, 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

•Obtain written commitments for project-level and regional 

mitigation/control measures identified as conditions for making 

conformity determinations for the RTP and RTIP

•Include project-level mitigation in the assumptions used in the 

regional conformity analysis

•Propose changes to, or elimination of, mitigation measures for 

conforming the RTIP 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 actions 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 conformity 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

•Provide consultation on draft RTPs and RTIPs

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 consultation 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 

RTIP

•Review and comment on the draft TIP and amendments

•Incorporate the RTIP 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

•Provide consultation on emissions 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 RTIP conformity 

determinations

•Provide the most recent EPA-approved 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 consultation on draft findings to the RTC

•Determine conformity of the RTP, the RTIP, and amendments

•Consult with EPA and NDEP during the 30-day comment period 

before making conformity determinations

•Provide guidance on transportation legislation

TMRPA

•Provide 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 drafts
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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 meetings 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 

framework. 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 sufficient 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 information 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 obtain a draft, or final document and supporting materials

•Distribute final documents, such as transportation-related SIP submittals, RTIPs, RTPs, conformity 

determinations, to CWG members at the same time they are submitted to 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 warranted

 
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Table 4 

CWG Lead Agency Document Development and Adoption

Responsibilities Lead Agency Requirements

General 

Consultation

•Provide an opportunity for early review and comment on draft documents, and 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 SIP 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 RTIP, the 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 strategies, 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, RTIPs, 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

Meeting 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, RTIPs, conformity 

determinations, and transportation-related SIP submittals, for comment before 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 approval
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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 budgets for 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 RTIP

•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 RTIP revisions or amendments which only add or delete exempt 

projects

•Determining localized CO, PM10, and PM2.5 concentrations, also known as hot spot analysis, and specifically 

identifying projects at sites in PM10 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 PM10 hot spot analysis

•Choosing conformity tests and methodologies 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 under 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, implementation 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 hold 
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informal discussions and/or personal meetings between the agencies to resolve issues quickly and effectively.

Table 6 details 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 

Resolution

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. The 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 Board. The 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 agency. 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 director 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 comments
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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 RTIP, and 

that do not require a regulatory action in order to be implemented, 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 RTIP, the RTC, as lead agency, 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 commitments1

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 fulfilled 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 mitigation 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. Prior to making a conformity determination on the RTP or RTIP, 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 in 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 acknowledgment that the commitment is an enforceable obligation.
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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.