CONFORMITY SIP MEMORANDUM OF AGREEMENT OHIO-KENTUCKY-INDIANA REGIONAL COUNCIL OF GOVERNMENTS MPO

Transcription

1 CONFORMITY SIP MEMORANDUM OF AGREEMENT OHIO-KENTUCKY-INDIANA REGIONAL COUNCIL OF GOVERNMENTS MPO The purpose of this Memorandum of Agreement (MOA) is to implement Section 176 of the Clean Air Act (CAA), as amended (42 U.S.C et seq.), the related requirements of 23 U.S.C. 109(j), and regulations under 40 Code of Federal Regulations (CFR) Part 93, Subpart A with respect to the conformity of transportation plans, programs, and projects that are developed, funded, or approved by the United States Department of Transportation (USDOT) and by Metropolitan Planning Organizations (MPOs), the Ohio Department of Transportation (ODOT), the Kentucky Transportation Cabinet (KYTC), and the Indiana Department of Transportation (INDOT) or other recipients of funds under title 23 U.S.C. or the Federal Transit Laws (49 U.S.C Chapter 53). This MOA sets forth policy, criteria, and procedures for demonstrating and assuring conformity of such activities to applicable implementation plans developed according to Part A, Section 110 and Part D of the CAA. This is a Memorandum of Agreement (MOA) concerning the criteria and procedures for the determination of the conformity of transportation plans, programs and projects in the Cincinnati area for National Ambient Air Quality Standards (NAAQS), pursuant to the Clean Air Act Amendments of The 14 Parties to this MOA are as follows: Ohio-Kentucky-Indiana Regional Council of Governments Metropolitan Planning Organization (OKI) Ohio Environmental Protection Agency (OEPA) Kentucky Environmental and Public Protection Cabinet (EPPC) Indiana Department of Environmental Management (IDEM) United States Environmental Protection Agency - Region 5 (EPA-R5) United States Environmental Protection Agency - Region 4 (EPA-R4) Ohio Department of Transportation (ODOT) Kentucky Transportation Cabinet (KYTC) Indiana Department of Transportation (INDOT) Federal Highway Administration Ohio Division Office (FHWA-OH) Federal Highway Administration Kentucky Division Office (FHWA-KY) Federal Highway Administration Indiana Division Office (FHWA-IN) Federal Transit Administration Region 5 (FTA) Federal Transit Administration Region 4 (FTA) December 16,

2 WHEREAS, the Clean Air Act Amendments of 1990 (CAAA) requires each State to submit a revision to their State Implementation Plan (SIP) containing the criteria and procedures for determining the conformity of transportation plans, programs and projects in areas designated as air quality non-attainment or maintenance in order to conform to the purpose of the SIP to meet national ambient air quality standards; and, WHEREAS, the CAAA (specifically Sections 121, 174, and 176), 40 Code of Federal Regulations (CFR), Part 93, Subpart A, Title 23 United States Code (U.S.C.) 134, and 23 CFR Part 450 Subpart C, require intergovernmental consultation before findings of conformity for the plans, programs and projects are made, and for the development and submittal of applicable implementation plan revisions; and, WHEREAS, the CAAA in Section 110(a)(2)(A) and (E) requires SIP revisions to be enforceable under state law, and 40 CFR (d) requires that, in order for EPA to approve the implementation plan revision submitted to EPA and DOT under this Subpart, the plan must address all requirements of Part 93, Subpart A of this chapter in a manner which gives them full legal effect ; and, WHEREAS, the OKI Executive Committee has been designated as the MPO by the Governors of the states of Ohio, Kentucky and Indiana and was created by the governing bodies of the member counties in the region pursuant to Chapter 167 of the Ohio Revised Code, Section et. seq. of the Kentucky Revised Statutes, and Section et. seq. of the Indiana Statutes for the purposes of providing coordinated planning services and cooperative agreements within the MPO boundaries and have the authority for planning, programming, and coordination of federal highway and transit investments; and, WHEREAS, the OEPA, EPPC, AND IDEM have been designated pursuant to their respective State s laws and by the EPA as state air quality planning agencies and as their State s administrator of the approved Air Quality Program for their States; and, WHEREAS, the ODOT, KYTC, and INDOT have been designated as State transportation planning agencies under their respective State laws to carry out the statewide transportation planning process required by Title 23 U.S.C. 135, and has the authority for planning, programming, and coordination of federal highway and transit investments in areas that are not within the MPO boundaries; and, WHEREAS, the FHWA and FTA are agencies of the United States Department of Transportation and are responsible for review and approval of the December 16,

3 conformity determinations prepared for compliance with 23 U.S.C. and 49 U.S.C., respectively; and, WHEREAS, the EPA is responsible for providing comment on conformity determinations; and, WHEREAS, the local publicly-owned transit agencies, are in nonattainment or maintenance areas and shall be responsible for providing support on transportation planning activities to the other Parties of this MOA. NOW, THEREFORE, IT IS HEREBY AGREED, that the Parties shall cooperatively support and implement the conformity criteria and procedures contained herein in order to ensure that the plans, programs and projects adopted by the Parties conform to the purpose of the SIP to meet national ambient air quality standards. IT IS FURTHER AGREED AND UNDERSTOOD THAT, the conformity of plans, programs, and projects funded under Title 23 United States Code and the Federal Transit Act shall be determined pursuant to the CAAA and as provided in 40 CFR Part 93 Subpart A, as amended, and pursuant to the Interagency Consultation (IAC) Procedures for Conformity Determinations for the Ohio-Kentucky-Indiana Regional Council of Governments Metropolitan Planning Organization, as follows: Interagency Consultation (IAC) Procedures for Conformity Determinations Ohio-Kentucky-Indiana Regional Council of Governments Metropolitan Planning Organization Consultation between the IAC partners is required on: Development of State Implementation Plans (SIP), Transportation Improvement Programs (TIP), Long Range Transportation Plans (LRTP), and Conformity Determinations. Conformity must be determined prior to approval of new LRTP or TIPS or revisions to LRTPs or TIPs that involve non-exempt projects. Conformity will be conducted according to US EPA s conformity rule (40 CFR 93). In accordance with (b) the Roles and Procedures, process for circulating documents, and frequency of meetings are listed below. December 16,

4 Roles and Responsibilities: OKI s conducts the conformity analysis for areas within the OKI region. ODOT, KYTC, and INDOT are part of the IAC for conformity determinations and act as consultants on transportation projects. They conduct conformity analysis for areas outside of the OKI region. OEPA, EPPC, and IDEM are part of the IAC for conformity determinations. They provide guidance on emission model inputs to the MPO. They submit budgets for an area to EPA. They write the State SIP. USDOT (FHWA and FTA) approves the MPO s conformity analysis and makes a joint conformity determination. They also promulgate and interpret conformity regulations. USEPA is part of the IAC for conformity determinations and SIP approval. EPA also determines if the SIP is adequate and approves or disapproves the SIP. They also promulgate and interpret conformity regulations. In accordance with (c) the Specific Processes, process for circulating documents, and frequency of meetings are listed below. Specific Processes: IAC will determine o Type of regional emissions test to apply o Analysis year o Which years will be modeled and which will be interpolated o Appropriate VMT estimation methods o Latest Planning Assumptions o Emissions model to use OKI will conduct a conformity analysis to determine whether emissions conform to SIP. o compare emission in each year required to be tested to the appropriate test(s) OKI will then submit that conformity determination to FHWA-OH for approval. FHWA-OH is the lead agency unless determined otherwise through the IAC process. December 16,

5 FHWA-OH will contact the Kentucky and Indiana Division Offices to determine the deadline for review and comments for the IAC partners. Each FHWA Division Office will then write letters requesting review and comment to the IAC partners within their own state. FHWA-KY and FHWA-IN will collect comments from their IAC partners and include them with their letter of support to FHWA-OH. FHWA-OH will sign 3 copies of the Conformity Determination letter after consultation with FTA Region 4 and FTA Region 5. FHWA-OH will provide copies of the signed conformity determination letter to the Interagency Consultation partners included in this agreement. This MOA will be submitted as a revision to the Ohio, Kentucky, and Indiana SIPs required by Section 176 of the CAAA and will govern conformity determinations in the OKI region. Execution of this MOA by each party shall be by signature of each party s representative. The provisions of this MOA shall be implemented through appropriate procedures, resolutions, or other means, in order to comply with the requirements of all Federal and State laws and regulations relating to the determination of conformity and the development of applicable implementation plan revisions. This MOA defines and delineates the roles, processes, and responsibilities of each signatory and made part of this MOA. December 16,

6 Mark Policinski, Executive Director Ohio-Kentucky-Indiana Regional Council of Governments Robert Hodanbosi, Chief, Division of Air Pollution Control Ohio Environmental Protection Agency LaJuana S. Wilcher Kentucky Environmental and Public Protection Cabinet Janet G. McCabe, Assistant Commissioner Office of Air Quality Indiana Department of Environmental Management Bharat Mathur, Acting Regional Administrator United States Environmental Protection Agency - Region 5 J.I. Palmer, Jr., Regional Administrator United States Environmental Protection Agency - Region 4 Gordon Proctor, Director Ohio Department of Transportation Maxwell C. Bailey, Secretary Kentucky Transportation Cabinet J. Bryan Nicol, Commissioner Indiana Department of Transportation Dennis Decker, Division Administrator Federal Highway Administration Ohio Division Office December 16,

7 Jose Sepulveda, Division Administrator Federal Highway Administration Kentucky Division Office Robert Tally, Division Administrator Federal Highway Administration Indiana Division Office Joel P. Ettinger, Regional Administrator Federal Transit Administration - Region 5 Mr. Hiram J. Walker, Regional Administrator Federal Transit Administration - Region 4 December 16,