Transportation of Conformity Memorandum of Agreements (MOAs)

North Carolina Transportation Conformity Memorandum of Agreement (MOA)

The United States Environmental Protection Agency (USEPA), through direct final rule action, approved a revision to the North Carolina State Implementation Plan (SIP) with the effective date of February 24, 2014. The EPA received no adverse comments during the 30 day comment period starting on January 27, 2014. This revision to the SIP consists of MOAs which establish transportation conformity criteria and procedures related to interagency consultation, conflict resolution, public participation and enforceability of certain transportation related control measures and mitigation measures.

The federal Clean Air Act (CAA) requires that air quality in every state meet the National Ambient Air Quality Standards (NAAQS). States that are designated as nonattainment or maintenance areas by the EPA are required to develop a SIP that demonstrates how the state will attain and maintain the health-based NAAQS. Nonattainment areas are also required to implement conformity for future transportation projects. In compliance with Section 176(c) of the CAA, North Carolina Department of Environment and Natural Resources, Division of Air Quality chose, through rulemaking as referenced in 15A NCAC 02D .2005, to develop Conformity MOAs to ensure that interagency consultation procedures for transportation conformity are followed in each of the nonattainment or maintenance areas in the state. The Conformity MOAs were submitted to the EPA on July 12, 2013 as part of the North Carolina SIP.

North Carolina Department of Environment and Natural Resources, Division of Air Quality have developed the following Conformity MOAs in coordination with the following signatory parties: North Carolina Department of Transportation (NCDOT), the EPA, Federal Highway Administration (FHWA), Federal Highway Administration - Eastern Federal Lands Highway Division (FHWA-EFLHD), Federal Transit Administration (FTA), National Park Service (NPS), local air quality agencies and representatives of several metropolitan planning organizations within North Carolina.

A copy of the transmittal letter and the Transportation Conformity MOAs to all nonattainment or maintenance areas in North Carolina for any applicable criteria pollutant can be downloaded using the links below.

Please direct any further questions or comments concerning the MOA submittal to Ms. Victoria Chandler at Vicki.Chandler@ncdenr.gov.