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). TheEPA 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 innonattainment 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 consistof local governments and the state department of transportation with other representatives as deemed necessary by the specific metropolitan area. The other representativescan 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 theFHWA, 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 aplan 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 agreedthat the test used in Maryland is the mobile source emissions budget test, which compares emissions generated bytransportation plans to mobile source emission budgets established in the SIP. This test essentially caps emissions from the transportation system at a level that allows thenonattainment 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 PM 2.5 hotspots that is not necessary in the regulation.

Comparison to Federal StandardsThere 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 RadiationManagement 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 inthose counties not having separate air quality control offices.

Anyone needing special accommodations at the publichearing 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 PM 2.5 nonattainment areaswhich 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, PM 2.5 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’sClean 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’sregulation 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 themodel 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 NO

x and SO 2 . 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 StandardsThere 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 RadiationManagement 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 inthose counties not having separate air quality control offices.

Anyone needing special accommodations at the publichearing 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 NO

x allowances 

### [ consisting of 5 percent of the ozone season NO

x allowance budget and 5 percent of the annual NO

x allowance budget. Upon request and approval by the Department, the set aside pools will

### ] to be used to provide the ozone season and annual NO

x 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 **PROPOSED ACTION ON REGULATIONS 764** 

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