Statement oftb e Air and Radiation Management Admini:'IInliion 


DepartmnT oflbe Environment 


for tbe 


Public Htaring Relaling to 


Propo.rd Amendment. to Rt gulation ••01 _,05 and .07 -.09 undtr COMAR 26,11.26 Conformlry 


and Conformlry SIP Rtvlslon 


beld on December 14, 2006 


<lmore, MD 


My name is Jim Wilkinson. I am a Natural Resources Planner within Ihe Planning 

Program of the Air and Radiation Management Administration, Department oflhe Environment. 

This public hearing is being held pursuant to the requirements of 40 CFR Section 51.102 

and Sections 2-301 et.seq. oflhe Environment Article, Annotated Code of Maryland. It is also 

being held in conformance with the State Administrative Procedures Act under the State 

Gove rnment Artic le, beginning at Section 10-101. 

Notice of this hearing appeared in the: 

Maryland Register on November 13, 2006; 

Baltimore Sun on November 13, 2006; 

Saiot :\1ary's Enterprise on November 10, 2006; 

Cumberland TimH-Nrws on November 13, 2006; 

Frederick News-PoS! 00 NO~ mbtr 13, 2006; 

Salisbury Daily Times on Nonmber 13, 2006; and the 

Washington PoS! on November!J, 2006. 

Copies of these notices were submined for the record and will be submined with the formal SIP 

submission package to the USEPA. 

Access to the proposed documents was made available on the Maryland Depanment of lhe 

Environment websile al http://www.mde.state.md.usiAbouIMDE!ruconunents.asp. 

Copies ofthe proposed amendments, SIP revision, and suppo«ing documents were submined for 

review to the State Clearinghouse and arc also submitted althis lime into the hearing record. 

Copies of the proposed amendments, SIP revision, and supporting documents were made 

available for public inspe<:lion at the Air and Radiation Management Administration offices in 

Baltimore, Cumberland, and Salisbury, and at all local health departments or local air quality 

control offices. 

The purpose oftoday's hearing is to give the public an opportunity to comment on the proposed 

amendments to Regulations .01 - .OS and ,07 - .09 under COMAR 26.11 ,26, and the Confonnity SIP 

~vision. 
Summary of the Proposed Am~ndmeDts and Conformity SIP 

The purpose of the proposed amendments is to update the citations to the federal conformity 

regulations to reflect all amendments that have occurred since that last set of Maryland 

amendments to COMAR 26.11.26. These include transportation conformity regulations for the 

new a-hour ozone and fine particulate (PM2.5) national ambient air quality standards (NAAQS); 

incorporations of existing federal guidance that is consistent "ith a U.S Coun of Appeals 

decision; and streamlining and improvement of the existing federal transponation confonnity 

mil'. 

Copies of the proposed amendments, SIP revision, and supponing documents will be submitted 

"ith the formal SIP submission package to the USEPA. 

The conformity SIP revision fonnally revises the Maryland Transportation Conformity State 

Implementation Plan (SIP 03-02) to reflect changes in the confonnity process that have resulted 

from the enactment of SAFETEA-LU (Safe, Accountable, Flexible, Efficient Transportation 

Equity Act: A Legacy for Users (SAFETEA-LU) and the designation of Washington County by 

the EPA as a nonattainment area for fine particulate maner (PM2.5). The Hagerstown! Eastern 

Panhandle (HEP) Metropolitan Planning Organization (MPO) to the list of affected Metropolitan 

Planning Organizations (MPOs) to ensure that consultation procedures are followed in 

Washington County. 

8l1ckground 

Traru;portatinn conformity ("conformity") is a provision of the Clean Air Act that ensures that 

Federal funding and approval goes to those transportation activities that are consistent "ith air 

quality goals. Conformity applies to transportation plans and projects funded or approved by the 

Federal Highway Administration (FHWA) or the Federal Transit Administration (FTA) in areas 

that do not meet or previously have not met air quality standards for ozone, carbon monoxide, 

particulate maner, or nitrogen dioxide. 

New Washington Counfy Requiremems 

On December 17,2004, EPA issued final nonattainment designations for fine paniculatcs 

(PM2.5). Washington County, Maryland b«ame a PM2.S nonattainment area. New 

transportation plans and projects there "ill now require a conformity determination to receive 

federal approval and funding. 

Amendmem Requirements 

The amendment includes the Washington County MPO in the consultation process and requires a 

conformity determination on transportation plans, programs and projects in that Count)" before 

receiving approval from the Federal Highway Administration and the Federal Transit 

Administration. These amendments also reflect EPA's final rule ofMarch 10, 2006 requiring that 

cenain transponation projects be analyzed for PM2.5 hotspots. 

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CONSIDERATION OF COM!\IEiliTS 

The Ikpartment ",ill consider all comments before making a dedsion to adopt these amendments 

and revise the proposed plan if necessary, before making a final submission to the U.S. 

Environmental ?rotection Agency. Wrinen comments may be presented at this hearing or 

submitted to Ikborah Rabin or Jim Wilkinson, MOE ARMA, 1800 Washington Boulevard, 

Baltimore MD 21230 before close of business on Dttember 14,2006. 

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