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;
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• 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;
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• 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;
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• 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.
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• 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
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• 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
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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.
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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
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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.
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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
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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
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