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1815RESOLUTION NO. ~ ~~~ A RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT INTERAGENCY CONSULTATION PROCEDURES FOR DEVELOPMENT OF THE STATE IMPLEMENTATION PLAN FOR 8- HOUR OZONE IN CRITTENDEN COUNTY, ARKANSAS, AND THE DETERMINATION OF TRANSPORTATION CONFORMITY '~ PURSUANT TO THE CLEAN AIR ACT AS AMENDED AND t AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT ON BEHALF FO THE CITY OF WEST MEMPHIS AND FOR OTHER PURPOSES. WHEREAS, the Federal Clean Air Act Amendments of 1990 as codified in 42 USC §§ 7401 et seq. require each state to submit a revision to its State Implementation Plan for Air Quality within 12 months of an area's redesignation from attainment to nonattainment, if the State has not previously submitted such a revision; and WHEREAS, the Environmental Protection Agency has declared a nonattainment status for Crittenden County; Arkansas, and WHEREAS, an Memorandum of Agreement has been prepared between the City of West Memphis, Crittenden County, the Arkansas Department of Environmental Quality, Region 6 of the EPA, the West Memphis-Marion Area Transportation Study Policy Committee, the Arkansas State Highway and Transportation Department, the Federal Highway Admimstration, and the Region 6 Federal Transit Administration setting forth the rolls and responsibilities of each agency and providing procedures for interagency consultation, coordination, and resolution of conflicts at the federal, state, and local levels as related to the State Implementation Plan and the Transportation Conformity determination; and WHEREAS, the City Council of the City of West Memphis, Arkansas, finds that the Memorandum of Agreement is in the best interests of the City of West Memphis and should be approved and the Mayor should be authorized to execute the Agreement on behalf of the City of West Memphis; NOW, THEREFORE, BE IT RESOLVED by the City Council fo the City of West Memphis, Arkansas, that the Memorandum of Agreement is hereby approved and the Mayor is hereby authorized to execute the Memorandum of Agreement on behalf of the City of West Memphis. APPROVED this JT7-~+ day of ~,/~-~ , 2005. WILLIAM H. JOHNSON, AYOR ATTEST: PHI RA, CITY CLERK SPONSORED BY: RECEIVED City Cierk's Office Date/Time ~-z-oS ~~:~oc~-- Ry1~~ r.o~- Permission for Mayor to Sign the "MEMORANDUM OF AGREEMENT INTERAGENCY CONSULTATION PROCEDURES FOR DEVELOPMENT OF THE STATE IMPLEMENTATION PLAN FOR 8-HOUR OZONE IN CRITTENDEN COUNTY, ARKANSAS AND THE DETERMINATION OF TRANSPORTATION CONFORMITY PURSUANT TO THE CLEAN AIR ACT AS AMENDED" Because of the Non-Attainment Status declared last year by EPA for Crittenden County, we are required to enter into a Memorandum of Agreement establishing consultation procedures among the various involved parties for development of a state implementation plan for conforming to the Air Quality requirements and as a part of that we must show that our transportation plan and projects are conforming to the Clean Air Act. We through the MPO (Metropolitan Planning Organization, Eddie Brawley, Study Director) have been working with the EPA, Federal Highway Administration, the Federal Transit Administration, Arkansas Department of Environmental Quality, and the Arkansas State Highway and Transportation Department, the City of West Memphis, and Crittenden County to undertake these consultation procedures in making the conformity determination on the West Memphis-Marion Area Transportation Study transportation plan, programs, and projects. In addition the MPO, the City of West Memphis as transit provider, Crittenden County, AHTD, ADEQ, FHWA, FTA and EPA will undertake these consultation procedures in developing applicable State Implementation Ptans for Crittenden County. As such the Mayoras the Chief Executive Officer for West Memphis must sign this agreement for the City of West Memphis and he needs Council approval to do so. MEMORANDUM OF AGREEMENT INTERAGENCY CONSULTATION PROCEDURES FOR DEVELOPMENT OF THE STATE IMPLEMENTATION PLAN FOR 8-HOUR OZONE IN CRITTENDEN COUNTY, ARKANSAS AND THE DETERMINATION OF TRANSPORTATION CONFORMITY PURSUANT TO THE CLEAN AIR ACT AS AMENDED I. General The Federal Clean Air Act Amendments (CAA) of 1990 as codified in 42 United States Code (USC) ~ ~ 7401 et seq. require each state to submit a revision to its State Implementation Plan for Air Quality by November 25, 1994, or within 12 months of an area's redesignation from attainment to nonattainment, if the State has not previously submitted such a revision. Pursuant to this requirement, the transportation conformity rules, as specified in 40 CFR part 93, subpart A (62 FR 43780) dated August 15,1997 and amended through July 1, 2004 (69 FR 40004), are incorporated by reference with the exception of 93.105. The requirements of 93.105 are addressed in this Memorandum of Agreement (MOA). This Memorandum of Agreement (MOA) describes the roles and responsibilities ofeach Agency and provides procedures for interagency consultation, coordination, and resolution of conflicts at the federal, state, and local levels as related to a State Implementation Plan (SIP) and Transportation Conformity determination. The City of West Memphis acting as the transit provider (the City), Crittenden County (the County), the West Memphis Metropolitan Planning Organization (MPO), the Arkansas State Highway and Transportation Department (AHTD), the Arkansas Department of Environmental Quality (ADEQ), the Federal Highway Administration -Arkansas Division (FHWA), the Federal Transit Administration -Region 6 (FTA), and the United States Environmental Protection Agency -Region 6 (EPA) will undertake these consultation procedures in making conformity determinations on the West Memphis-Marion Area Transportation Study (WMATS) transportation plan, programs, and projects. In addition, the MPO, the City, AHTD, ADEQ, FHWA, FTA, and EPA will undertake these consultation procedures in developing applicable State Implementation Plans for Crittenden County. II. Definitions and Abbreviations: (See Appendix A) III.Interagency Consultation Procedures: General Factors Representatives from the MPO, the City, the County, AHTD, and ADEQ will undertake an interagency consultation process with each other and with the FHWA, the FTA, and the EPA on the development of: • The emission inventories, emission budgets and State Implementation Plan (SIP) revisions; • Transportation Control Measures (TCMs) as required in the SIP; 4/5/2005 • The MPO Long Range Transportation Plan (LRP), as defined by 23 CFR 450, and any amendments that may affect air quality conformity determinations; • The Transportation Improvement Program (TIP) and any amendments involving regionally significant projects that trigger amendments to the LRP and, in turn, affect air quality conformity determinations; • The LRP and TIP conformity determinations required by 40 CFR 93.104; • Project-level conformity determinations; rr • Interim Plan and TIP as needed in case of a conformity lapse; and • Identification and definition of regionally significant projects. A. General Consultation Procedures 1. The parties to this agreement will define the lead agency as the agency with statutory and/or regulatory authority over the specific task, activity, or responsibility required by 40 CFR Parts 51 and 93,23 CFR Part 450, and 49 CFR 613. 2. It will be the role and responsibility of each lead agency in the interagency consultation process to: • Coordinate the interagency consultation process with the agencies listed in Section I of this document; • Consult with the agencies listed in Section I of this document; • Send the agencies listed in Section I of this document the appropriate information requested for meaningful participation; • Request the agencies listed in Section I of this document to review and comment on information pertinent to the SIP development and conformity determination of the LRP and TIP; and • Notify the participating agencies of pertinent meetings during the development of the LRP, TIP, and projects. 3. Before taking any action, it will be the role and responsibility of each lead agency to: • Consider the comments of each agency that is a party to this agreement; • Respond to those comments per Section III.E. of this document; • Assure that their agency responds to comments before the record of any decision or action (e.g., conformity determination, SIP budget submission, etc.); and • Include comments and written responses in the record of any decision or action. 4. When not fulfilling the role and responsibilities of a lead agency, an agency will be referred to as a participating agency and it will be their role and responsibility to: • Confer with the lead agency and other participants in the consultation process; • Review and comment as appropriate (including comments in writing) on all proposed and final documents and decisions as requested by the lead agency; • Attend interagency consultation policy, technical, and decision meetings in person or through conference call per the request of the lead agency; 4/5/2005 • Provide information on any area of substantive expertise or responsibility (including planning assumptions, modeling, information on status of TCM implementation, and interpretation of regulatory or other legal requirements); and • Provide technical assistance to the lead agency when requested. B. Agency Roles and Responsibilities I. The MPO will be the lead agency responsible for assuring the adequacy of the interagency consultation process with respect to the development of the LRP, TIP, and any amendments or revisions to these documents within the transportation planning boundary. The MPO will also be the lead agency responsible for assuring the adequacy of the interagency consultation process with respect to any MPO conformity determination under this rule. Specifically, the MPO will be responsible for: • Developing the LRP and TIP; • Developing transportation and socioeconomic data and planning assumptions and providing such data and planning assumptions to air quality agencies for use in air quality analysis to support a conformity determination of the LRP, TIP, and projects; • Identifying regionally significant transportation projects in the LRP and regional emissions budget test report and monitoring such projects; • Making the conformity determination on the LRP and TIP following review and comment by the City, AHTD, ADEQ, FHWA, EPA, and the public; • Developing the Interim LRP and TIP that includes exempt projects and TCMs within the MPO Boundary. The Interim Plan and TIP will be developed in accordance with the National MOU between USDOT and EPA on Transportation Conformity (See Appendix B); • Preparing the conformity determination report for the LRP and TIP, in cooperation with AHTD and the City; • Providing the opportunity for public comment and review on the LRP and TIP regional conformity determination in accordance with the MPO public involvement procedures developed pursuant to 23 CFR 450; • Evaluating any Transportation Control Measures (TCMs) transportation impacts; • Identifying system- or facility-based or other programmatic (non regulatory) TCMs that may be included in the SIP. 2. The Arkansas State Highway and Transportation Department (AHTD) will be the lead agency responsible for assuring the adequacy of the interagency consultation process with respect to the development of the Statewide Transportation Plan, the State Transportation Improvement Program (STIP), and any amendments or revisions to these documents. Specifically, the AHTD will be responsible for: • Developing VMT estimates and projections in accordance with reasonable professional practice; • Developing the Statewide Transportation Plan and STIP; • Distributing draft and final NEPA documents (involving Federal-aid highway funds) to other agencies; 4/5/2005 • Reviewing and commenting on, in cooperation with the MPO and ADEQ, proposed revisions to motor vehicle emission factors including fleet mix, fleet age, and the effectiveness of inspection and maintenance programs if such programs are required; • Making project level conformity determination for projects outside the MPO study area boundary but within the non-attainment area. 3. The Arkansas Department of Environmental Quality (ADEQ) will be the lead agency responsible for assuring the adequacy of the interagency consultation process with respect to the development of the applicable State Implementation Plan (SIP) and control strategy implementation plan revisions. Specifically, the ADEQ will be responsible for: • Developing emission inventories; • Developing emission budgets; • Conducting emission tests (inside and outside the MPO Planning Boundary); • Conducting attainment demonstrations which may include airshed modeling; • Revising control strategy implementation plans as needed; • Developing TCMs, as necessary, in cooperation with the MPO, the transit provider, and the AHTD; • Updating and developing motor vehicle emissions estimates with data supplied by AHTD and the MPO; • Allocating mobile emissions budgets to the MPO and AHTD as developed from cooperative planning by the working group to determine future mobile activities in the non-attainment area; and • Reviewing the LRP conformity determinations, LRP/TIP consistency reports, TIP conformity determinations, and TCMs to ensure they are consistent with SIP air quality objectives and budgets. 4. The Federal Highway Administration -Arkansas Division (FHWA) will be the lead agency responsible for: • Providing guidance to the MPO, the City and AHTD on 23 CFR Part 450 and 771 and 49 CFR 613, federal project funding, and other federally-mandated requirements and programs that pertain to the Federal-aid highway programs; • Coordinating with the EPA Region 6 Office on the validity of regional emissions budget tests and the MPO conformity determinations on LRP and TIP; • Approving the STIP, jointly with FTA, that incorporates the approved conforming TIP before federal project funding authorizations; • Responding with a USDOT action on the MPO's conformity determination on the LRP and TIP within 60 days of receipt of the supporting documentation, with copies to the MPO, the City, the County, AHTD, ADEQ, FTA, and EPA, unless otherwise agreed to; • Making project level conformity determination for FHWA funded projects; and • Coordinating with FTA for transportation planning and programming in accordance with the Joint Memorandum of Agreement between Federal Highway 4 4/5/2005 Administration - AR Division and Federal Transit Administration -Region 6 signed July 30, 2004 (See Appendix C). 5. The Federal Transit Administration -Region 6 (FTA) will be the lead agency responsible for: • Providing guidance to programs that pertain to the Federal-aid transit program; • Approving the STIP, jointly with FHWA, that incorporate the approved conforming TIP before federal project funding authorizations; and • Making project level conformity determinations for FTA funded projects. 6. The United States Environmental Protection Agency -Region 6 (EPA) will be the lead agency responsible for: • Reviewing and approving the SIP, SIP revisions, and TCMs; establishing original and/or updating emissions budgets; • Providing guidance on the transportation conformity criteria and procedures (40 CFR Parts 51 and 93) to the agencies in the interagency consultation process; • Providing comments to FHWA and the MPO on conformity determinations for the LRP and TIP within 30 days of receipt of the supporting documentation from FHWA, unless otherwise agreed to. C. Interagency Consultation Meetings 1. Statewide Interagency Consultation Meetings AHTD and ADEQ will initiate interagency consultation meetings among the AHTD, ADEQ, the MPO, the City, the County, FHWA, FTA, and EPA on policy issues that affect transportation planning and programming, air quality planning, and conformity. The above agencies will convene these interagency consultation meetings on policy issues at least quarterly, unless otherwise agreed. AHTD and ADEQ will decide cooperatively when to convene interagency consultation meetings and will cooperatively establish the agenda for each meeting. AHTD will take responsibility for scheduling and notification of the meeting, publishing the agenda, and recording and distributing meeting minutes. 2. Subject/Area Specific Interagency Consultation Meetings The lead agency on a specific issue or subject (TIP or LRP conformity determination, developing an Interim Plan and TIP, TCMs, emissions budgets, SIP revisions, etc.) will initiate interagency consultation meetings with the other agencies party to this agreement as needed. D. Interagency Review and Comment 1. Distribution of Draft Documents for Review and Comment Before Formal Adoption a. LRP and TIP Conformity Determinations • The MPO will send the draft conformity determination report on the LRP to the City, the County, AHTD, FHWA, EPA, and ADEQ before submitting the report to the public for review or making an LRP conformity determination. 4/5/2005 • The City, the County, AHTD and ADEQ will have a 21-day technical review and comment period. • The MPO will address comments received from ADEQ in the Appendix of the conformity determination report before submitting the report to the public for review or making a conformity determination. • In addition, the MPO will send written correspondence to the ADEQ Air Division Chief addressing ADEQ comments. b. State Implementation Plan Revisions • ADEQ will send a draft mobile emissions budget; mobile, control strategy, implementation plan; and changes to the conformity SIP, and TCMs to the MPO, the City, and AHTD for a technical review and to FHWA, FTA, and EPA for informational purposes. The reviewing agencies will have a 21-day technical review period. ADEQ will then address the written comments received from the agency review and prepare the draft documents to present to the MPO Policy Committee. ADEQ will send the MPO, the City, and AHTD the documents that are made available for public hearing and public comment at the time of the announcement of the public comment period. The agencies will have until the end of the public comment period to provide additional comments on the document. ADEQ will address all comments received during the public comment period, prior to final adoption of the SIP. c. Project Level Conformit~Determinations (outside the MPO Boundary) • AHTD will send the draft conformity determination report on projects outside the MPO boundary to the City, the County, MPO, FHWA, FTA, EPA, and ADEQ before submitting the report to the public for review or making a conformity determination. • The City, the County, MPO and ADEQ will have a 21-day technical review and comment period. • AHTD will address comments received from ADEQ in the Appendix of the conformity determination report before submitting the report to the public for review or making a conformity determination. • In addition, AHTD will send written correspondence to the ADEQ Air Division Chief addressing ADEQ comments. 2. Distribution of Final Documents to Federal Agencies for Review. Comment, and USDOT Determination (LRP and TIP Determination) a. Transmittal i. The MPO will transmit the final conformity determination resolution and report as described below: • Five (5) copies to AHTD -Planning and Research Division • Two (2) copies to ADEQ -Air Division • One (1) copy to EPA • One (1) Original and One (1) copy to FHWA 4/5/2005 • One (1) copy to FTA ii. The MPO will also upload to the WMATS Yahoo website the final conformity determination resolution and report. b. FHWA will allow 30 days for EPA review and comment on the documentation before making a USDOT conformity determination on a LRP or TIP. c. USDOT will make a conformity determination upon receipt and resolution of all interagency comments on an LRP and TIP. d. USDOT will attempt to provide the MPO with a conformity determination within 60 days of receipt of the conformity determination documentation from the MPO. FHWA will notify the MPO and AHTD if the federal agencies need additional information to determine conformity on the LRP or TIP. 3. Distribution of Final Documents to Federal Agencies for Review, Comment, .and USDOT Determination (project level conformity determination) a. Transmittal i. AHTD will transmit the final project level conformity determination and report as described below: • Two (2) copies to MPO • Two (2) copies to ADEQ -Air Division • One (1) copy to EPA • One (1) Original and One (1) copy to FHWA • One (1) copy to FTA ~ ii. AHTD will also upload to the WMATS Yahoo website the final project level conformity determination report. b. USDOT will allow 30 days for EPA review and comment on the documentation before making a USDOT conformity determination on the proposed project. c. USDOT will make a conformity determination upon receipt and resolution of all interagency comments on the proposed project. d. USDOT will attempt to provide the AHTD with a conformity determination within 60 days of receipt of the conformity determination documentation from the AHTD. e. USDOT will notify the AHTD if the federal agencies need additional information to determine conformity on the proposed project. E. Re~onse to A~encv Comments 4/5/2005 The lead agency responsible for the final documents subject to the interagency consultation process outlined in this MOA, will respond to significant comments of the participating agencies in the interagency consultation process. The lead agency will make any significant comments and responses from the agencies part of the record of decision or action. Examples of final documents are: regional emissions reduction and/or budget test report, the MPO conformity determination on the LRP or TIP, Interim Plan and TIP, SIP revisions, and a list and schedule of implementation of TCMs. F. Distribution of Final Documentation The lead agency will provide a copy of the final document that is a product of this consultation process and any pertinent supporting documentation to each participating agency within 21 days upon approval or adoption of the document or conformity determination. Examples of final documents are: applicable mobile emissions budgets from the approved SIP, emissions factors, the LRP and TIP conformity determinations and corresponding reports, and the Interim Plan and TIP. IV.Interagency Consultation Procedures: Specific Consultation Processes A. Air Quality Planning 1. Developing the List of Transportation Control Measures (TCMs) The MPO and AHTD will work with the City and ADEQ and coordinate through the MPO Policy and Technical Committees to develop the approved list of TCMs that go into ant applicable control strategy SIP that may be developed. The MPO, the City, and the AHTD must endorse any TCMs that require state or federal transportation funds in order to implement. 2. Evaluating TCMs in the SIP The MPO, MPO Technical Committee, the City, AHTD, will coordinate with ADEQ to determine the status, implementation problems, and to resolve problems with any TCMs. 3. Determining Transportation Inputs to the Emission Budget The MPO, the City, and AHTD will work with ADEQ to determine transportation inputs, including base and future year VMT, speed assumptions, and vehicle mix assumptions used in the development of the mobile emission budget. 4. Developing the Conformity SIP Rule ADEQ will work with the MPO, AHTD, and the City to develop the Conformity SIP rules that apply to nonattainment areas within Arkansas but outside the MPO planning boundary. B. Transportation Planning 1. Forecasting VMT The MPO and AHTD will forecast VMT based on reasonable professional practice. The forecast methods must be reviewed, agreed upon, and documented through the Interagency consultation process. 8 4/5/2005 2. Determining Re i~y Significant Projects The MPO will engage in consultation with the participating agencies on their identified list of regionally significant projects through the process described in section III.D.I.a. and III.D.2.a. of this MOA. The MPO and the City will cooperatively identify regionally significant projects for inclusion in the regional emissions reduction and/or analysis and conformity determination reports on their LRP and TIP. AHTD will identify regionally significant projects outside the MPO study area for inclusion in the regional emissions analysis. 3. Determining Exempt Projects The MPO and the City will identify projects exempt from the regional emissions reduction and/or budget test requirement (40 CFR §93.126 and §93.127) in their report documenting the MPO conformity determination on their LRP and LRP/TIP consistency reports. The MPO will engage in consultation with the participating agencies on their identified list of exempt projects through the process described in section III .D. l .a. and III.D.2.a. of this MOA. 4. Notification of LRP and TIP Amendments on Exempt Projects The MPO will notify the participating agencies via the MPO Policy and Technical Committees meeting agenda mailings of the LRP and TIP revisions or amendments that merely add or delete exempt projects listed in 40 CFR §93.126 or §93.127. 5. Evaluating the Need for New Conformity Determinations a. LRP and TIP Amendments The MPO will coordinate through written correspondence with the participating agencies when a TIP/LRP amendment occurs which may trigger the need for a new conformity determination. b. Adoption of a new TIP The MPO will develop a report, which demonstrates the consistency between the LRP and TIP when a new or amended TIP is adopted. The MPO will follow the procedures outlined in Section III.D. l .a. and III.D.2.a. of this MOA for coordination with the participating agencies. c. Adoption of a new LRP The MPO will coordinate through written correspondence, and meetings as needed, with the participating agencies during the alternatives testing phase of the long-range planning process. In addition, the MPO will coordinate through written correspondence, and meetings as necessary, with the participating agencies before the MPO adopts a new or amended LRP that triggers the need for a new conformity determination. 6. Evaluating Changes in Project Design Concept and Scope 4/5/2005 When a project's design concept and scope changes (decrease/increase in length by one mile or more, increase/decrease in number of lanes, change in project termini, substantial increase/decrease in ridership, change in project timing, length, cross-section, etc.), it is the responsibility of the project sponsor to inform the MPO of the change. The MPO, in coordination with the City, AHTD, ADEQ, FHWA, FTA, and EPA through either written or verbal correspondence, will determine the need for a new conformity determination. The MPO will coordinate the comment process consistent with the adopted WMATS Early Public Involvement Policy and Procedure (See Appendix D). Proposed changes in project Design Concept and/or Scope will be published in a local newspaper and provided to all MPO member jurisdictions and MOA signatory agencies fora 15-day public comment period. At the end of the public comment period any comments will be provided to the Citizen Advisory Committee for review and additional comment. All comments on the proposed change and its impact on conformity will then be taken to the Policy Committee for consideration of any necessary LRP and TIP amendments. The MPO will coordinate with the City, AHTD, ADEQ, FHWA, FTA, and EPA when a project's design concept and scope changes (e.g., etc.) in a way that may impact the need for a new conformity determination on the LRP and/or TIP. 7. Develo~n~ an Interim Plan and TIP The MPO will develop an Interim Plan and TIP consisting of TCMs included in an approved SIP and any exempt highway and transit projects that may advance during a conformity lapse. The MPO will send the draft Interim Plan and TIP to the City, AHTD, ADEQ, FHWA, FTA, and EPA for their concurrence. The agencies will have 30 days, unless otherwise agreed, to provide comments and their concurrence to the MPO. Upon the MPO's receipt of the concurrence of the participating agencies, the MPO Technical Committee will review and recommend approval to the Policy Committee. The MPO Policy Committee will take approval action on the Interim Plan and TIP. Projects will need to be included in the Interim Plan and TIP in order for FHWA and FTA to advance them during the conformity lapse. V. Resolving and Appealing Disagreements A. Resolution of Conflicts among ADEQ AHTD the transit agency, and the MPO on Air QualitYand Transportation Conformity Activities. 1. Any conflict dealing with requirements under 40 CFR Parts 51 and 93 between the transit agency, AHTD, ADEQ, and the MPO that the staff of the involved agencies cannot resolve will be escalated within each agency. First, the City of West Memphis Community Planning Development Director (acting as the transit provider), AHTD Planning and Research Engineer, ADEQ Air Division Chief, and Chair of the MPO Technical Committee will meet to attempt to resolve any disagreement. 10 4/5/2005 2. If these agency representatives cannot reach an agreement within one week of their meeting, they will escalate the dispute to the Mayor of West Memphis (acting as the transit provider), Director of Highways and Transportation for the Arkansas State Highway and Transportation Department, the Director of the Arkansas Department of Environmental Quality, and the Chair of the MPO Policy Committee, or their designees. 3. ADEQ has 14 calendar days to appeal to the Governor after AHTD or MPO has notified the Director of the Arkansas Department of Environmental Quality of the resolution of his or her comments. If ADEQ appeals to the Governor, then the governor must concur in the final conformity determination. 4. The Governor may delegate his or her role in the process to another official or agency within the State, but not to the head or staff of ADEQ, AHTD, the MPO, the Arkansas Pollution Control and Ecology Commission, the Arkansas Highway Commission, or any agency that has responsibility for any of these functions. B. Resolution of Conflicts between EPA and USDOT (FHWA and FTA) on Air Ouali and Transportation Conformit~Activities. Any conflict dealing with requirements under 40 CFR Parts 51 and 93 between EPA and USDOT that the staff of the involved agencies cannot resolve will be resolved in accordance with the National Memorandum of Understanding between the U.S. Department of Transportation and the U.S. Environmental Protection Agency (See Appendix B). VI. Public Involvement Procedures A. MPO Conformity Determinations on LRP and TIP The MPO will provide the opportunity for public review and comment according to the MPO's Public Involvement Procedures (See Appendix D) as developed pursuant to 23 USC 134. The MPO will include copies of written public comments they receive on a LRP/TIP consistency report in the final report approved by the MPO. B. All Other Public Involvement All public review and comment opportunities will be in conformance with respective signatory agency rules and requirements. Copies of written public comments received at any stage in the development of the final report will be included in said report. VII. Extensions of Time Interagency review and comment periods referenced in this document may be extended by the affected agencies. Extensions of time must be approved by a majority of the following: the Director of the Arkansas Department of Environmental Quality; the Director of the Arkansas Highway and Transportation Department; and the Chair of the MPO Policy Committee; or their designees. Extensions of time shall be documented in writing, either through meeting minutes or by formal agreement. VIII. Modification of Agreement 11 4/5/2005 This memorandum of agreement may be modified, amended, or revoked by agreement of all the parties hereto. All modifications, amendments, and revocations shall be in writing. All parties shall consent to such changes in writing. IN WITNESS WHEREOF, the MPO, the City, the County, AHTD, ADEQ, FHWA-Arkansas, FHWA- FTA Region 6, and EPA Region 6 have executed this Memorandum of Understanding (MOA) as of (date). Crittenden County Judge Mayor City of West Memphis Director Arkansas Department of Environmental Quality Regional Administrator Environmental Protection Agency Region 6 12 Chairman West Memphis-Marion Area Transportation Study Policy Committee Director of Highways & Transportation Arkansas State Highway and Transportation Department Division Administrator Federal Highway Administration Arkansas Division Regional Administrator Federal Transit Administration Region 6 4/5/2005