the Administrator unless otherwise specified in 40 CFR

§52.1116, and the applicable procedures are those set forth

in COMAR 26.11.02.

SHARI T. WILSON

Secretary of the Environment

Subtitle 11 AIR QUALITY

26.11.26 Conformity

Authority: Environment Article, §§1-101, 1-404, 2-101 — 2-103,

2-301 — 2-303, 10-102, and 10-103,

Annotated Code of Maryland

Notice of Proposed Action

[08-088-P]

The Secretary of the Environment proposes to amend

Regulation .05 under COMAR 26.11.26 Conformity.

Statement of Purpose

The purpose of this action is to remove a subsection of a

recently adopted transportation conformity regulation. The

subsection being removed has been deemed not necessary

by the U.S. Environmental Protection Agency (EPA). The

EPA requested that Maryland make this change to the regulation.

This amendment will be submitted to the EPA as a revision to Maryland’s State Implementation Plan (SIP).

Background.

Section 176 of the Clean Air Act entitled ‘‘Limitations on

Certain Federal Assistance’’ ensures that federal funding,

permits, and approvals go to activities that are consistent

with air quality goals expressed in the SIP. These activities

cannot produce new air quality violations, worsen existing

violations, or delay timely attainment of national ambient

air quality standards (NAAQS). Since the major application

of this provision is transportation plans and projects, the

EPA promulgated rules specifically addressing the process

for making this determination. These provisions apply in

nonattainment and maintenance areas to ensure that public health is protected by early consideration of transportation decisions in areas with air quality challenges.

In general, federal funds for transportation plans, programs, and projects are passed to the states through metropolitan planning organizations (MPOs). The MPOs consist

of local governments and the state department of transportation with other representatives as deemed necessary by

the specific metropolitan area. The other representatives

can include state departments of planning and the environment, transit authorities, etc. The Federal Highway Administration (FHWA) and the Federal Transit Administration

(FTA) certify the MPOs and their planning processes including their ability to perform a regional analysis of the emissions expected from the region’s transportation system.

The original 1993 federal transportation conformity rule

established the criteria and procedures by which the

FHWA, FTA, and MPOs determine the conformity of federally funded or approved highway and transit plans, programs, and projects to state air quality plans. The rule basically sets forth several options for determining whether a

plan or project conforms. The rule requires that the agencies involved in developing the SIP and involved in developing the transportation plans consult with each other on the

processes used to prepare these plans. The rule provides

penalties for noncompliance with the rule.

Through consultation, the affected agencies have agreed

that the test used in Maryland is the mobile source emissions budget test, which compares emissions generated by

transportation plans to mobile source emission budgets established in the SIP. This test essentially caps emissions

from the transportation system at a level that allows the

nonattainment area to comply with federal air quality standards. Failure to meet this test can delay or stop the transportation planning process.

Requirements.

None. Maryland is amending this regulation based on a

request from EPA to remove a subsection dealing with

PM2.5 hotspots that is not necessary in the regulation.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive

or stringent.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact

on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with

disabilities.

Opportunity for Public Comment

The Department of the Environment will hold a public

hearing on the proposed action on April 30, 2008 at 10 a.m.

at the Department of the Environment, 1800 Washington

Boulevard, 1st Floor Terra Conference Room, Baltimore,

Maryland 21230-1720. Interested persons are invited to attend and express their views. Comments may be sent to

Deborah Rabin, Regulations Coordinator, Air and Radiation

Management Administration, Department of the Environment, 1800 Washington Boulevard, Suite 730, Baltimore,

Maryland 21230-1720, or emailed to drabin@mde.state.

md.us. Comments must be received not later than April 30,

2008, or be submitted at the hearing. For more information,

call Deborah Rabin at (410) 537-3240.

Copies of the proposed action and supporting documents

are available for review at the following locations: The Air

and Radiation Management Administration; regional offices

of the Department in Cumberland and Salisbury; all local

air quality control offices; and local health departments in

those counties not having separate air quality control offices.

Anyone needing special accommodations at the public

hearing should contact the Department’s Fair Practices Office at (410) 537-3964. TTY users may contact the Department through the Maryland Relay Service at 1-800-735-

2258.

.05 Transportation Conformity — Interagency Consultation Requirements.

A. — D. (text unchanged)

E. In addition to serving as lead agency pursuant to

§A(4) of this regulation, the Department is responsible for:

(1) — (3) (text unchanged)

[(4) Identifying, as required by 40 CFR §93.123,

projects located at sites in PM2.5 nonattainment areas

which will have vehicle and roadway emission and dispersion characteristics which are essentially identical to those

sites which have violations verified by monitoring and,

PROPOSED ACTION ON REGULATIONS 763

MARYLAND REGISTER, VOL. 35, ISSUE 7 FRIDAY, MARCH 28, 2008
therefore, require qualitative, quantitative, or both, PM2.5

hot-spot analysis as required by 40 CFR §93 Subpart A, as

amended;]

[(5)] (4) — [(9)] (8) (text unchanged)

SHARI T. WILSON

Secretary of the Environment

Subtitle 11 AIR QUALITY

26.11.28 Clean Air Interstate Rule

Authority: Environment Article, §§1-101, 1-404, 2-101 — 2-103,

2-301 — 2-303, 10-102, and 10-103,

Annotated Code of Maryland

Notice of Proposed Action

[08-089-P]

The Secretary of the Environment proposes to amend

Regulations .01 — .07 under COMAR 26.11.28 Clean Air

Interstate Rule.

Statement of Purpose

The purpose of this action is to assure that Maryland’s

Clean Air Interstate Rule (CAIR) is consistent with the federal CAIR model rule.

The proposed action will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision Maryland’s State Implementation Plan (SIP).

Background.

COMAR 26.11.28 generally adopts the federal rule by reference but it also contains additional language for the distribution of allowances to renewable energy projects and

consumers of electric power. It is the intent of Maryland’s

regulation to adopt federal requirements when they are specifically addressed in the model rule. The proposed action

indicates which federal requirements are being adopted and

sets forth Maryland’s requirements for the distribution of

allowances for renewable energy projects and consumers of

electric power.

Sources Affected.

The proposed action does not change the sources affected

in Maryland’s CAIR. COMAR 26.11.28 applies to owners of

fuel burning equipment that sell electricity and have an

output capacity of at least 25 megawatts.

Requirements.

In addition to referencing the appropriate portions of the

model rule Maryland will adopt, the proposed action provides:

(1) That new units will have first priority in obtaining

allowances from the set aside pool; and

(2) For the distribution of allowances from the set aside

pool to renewable energy projects and consumers of electric

power only if allowances are available.

Expected Emissions Reductions.

Implementation of the CAIR and the Healthy Air Act will

result in significant reductions of NOx and SO2. These

amendments do not directly affect emission reductions since

they are clarifications of the adoption of and additions to the

federal CAIR.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive

or stringent.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact

on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with

disabilities.

Opportunity for Public Comment

The Department of the Environment will hold a public

hearing on the proposed action on April 30, 2008 at 10 a.m.

at the Department of the Environment, 1800 Washington

Boulevard, 1st Floor Terra Conference Room, Baltimore,

Maryland 21230-1720. Interested persons are invited to attend and express their views. Comments may be sent to

Deborah Rabin, Regulations Coordinator, Air and Radiation

Management Administration, Department of the Environment, 1800 Washington Boulevard, Suite 730, Baltimore,

Maryland 21230-1720, or emailed to drabinmde.state.md.us. Comments must be received not later than April 30,

2008, or be submitted at the hearing. For more information,

call Deborah Rabin at (410) 537-3240.

Copies of the proposed action and supporting documents

are available for review at the following locations: The Air

and Radiation Management Administration; regional offices

of the Department in Cumberland and Salisbury; all local

air quality control offices; and local health departments in

those counties not having separate air quality control offices.

Anyone needing special accommodations at the public

hearing should contact the Department’s Fair Practices Office at (410) 537-3964. TTY users may contact the Department through the Maryland Relay Service at 1-800-735-

2258.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) ‘‘Affected trading unit’’ means fuel burning equipment that meets the applicability provisions in 40 CFR

[Part 96] §§96.104 and 96.304.

(2) (text unchanged)

(3) ‘‘New affected trading unit’’ means an affected trading unit that is not included in the allocation of allowances

in Regulation .08 of this chapter.

[(3)] (4) (text unchanged)

[(4)] (5) ‘‘Set aside pool’’ means a reserve of NOx allowances [consisting of 5 percent of the ozone season NOx allowance budget and 5 percent of the annual NOx allowance

budget. Upon request and approval by the Department, the

set aside pools will] to be used to provide the ozone season

and annual NOx allowances to new affected trading units,

renewable energy projects, and consumers of electric power.

.02 Incorporation by Reference.

A. — B. (text unchanged)

C. The requirements in [40 CFR §96.142(c) and (d) and

40 CFR §96.342(c) and (d)] 40 CFR §§96.142(d) and 40 CFR

96.342(d) pertaining to the distribution of allowances from

764 PROPOSED ACTION ON REGULATIONS

MARYLAND REGISTER, VOL. 35, ISSUE 7 FRIDAY, MARCH 28, 2008