u.s, EPA, REGION ill 

AIR PROTECTION DMSION 

# of Pgs. (including cover 

sheet): _ 

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FROM: r: If/~ Pholle: (215) 814- . 

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COMMENTS: ~.h, $ 

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UNITED STATES ENVIRO~MENTAL PROTECTI0~ AGENCY
 

REGIONllI
 

1650 Arch Street
 

Philadelphia, Pennsylvania 19103
 

SEP 2 ~gge

Ms. Dianne Franks, Chief 

Air Quality and Planning Division 

Air and Radiation Management Administration 

Maryland Department ofthe Environment 

2500 Broening Highway 

Baltimore, Maryland 21224 

DearMs. Franks: 

This letter is to submit the Environmental Protection Agency's (EPA) comments on the 

proposed state implementation plan (SIP) revision for Transportation Conformity for Maryland, 

which contains the proposed state Transportation Conformity regulations. COMAR 26.11.26.02 

and 26.11.26.03. 

Thank you for giving EPAthe opportUnity .,0 comment on these proposed plans. Please
 

enter the enclosed comments into the official public record which closes on September 2, 1998.
 

The specific consultation processes (noted as memorandums of agreement in COMAR 

26.22.26.03) for each oithe metropolitan planning organizations (MPOs), are not part ofthe rule. 

They need to be specifically referenced in the rule. 

The consultation process for the Washington Metropolitan Area MFG, the Transportation 

Planning Board, does not have a. signature page 'With the signatures ofthe principle agencies 

involved in the specific consultation processes. 

There needs to belanguage that prohibits anyone who has not signed the memorandum of 

agreement with the any ofme MPOs mentioned in the rule from participating in the consultation 

processes required by the Conformity rule. 

Customer Service Hotline: 1-S0Q-438-Z4U 
Below is an example ofthe language : 

EX4MPLE OF STATE RUT E fOR '''(QU~(~fOAs:

(a) No recipient offederal funds (as defined ai 40 eFR 93.Ql) designaiea under tine 23 

U. S. C. or the Federal Transit Acr shall adopt or approve or take any action to develop or 

implement a regionally significan: highway or transit projectunless such recipieru has signed 

a memorandum ofagreemeniwitii the (applicable MPO and signatories),which binds such 

recipieru to adhere to conformity criteria and procedures whid: comply withfederal Clean Air 

Acrsecrion176(c) [42 U.S.C. 7401-767IqJ and 4(J CFR Parr51, Subpart Tend 40 a:R Parr 93, 

'SWparr Aand those procedures included in(he (applicable memorandum ofagreemera), regarding 

EPA Rules for Transportation Conjormiry" thai has been approved by EPA. 

(b) No agency shall adopt or approve or rake arry action to implement or develop arry 

transportationplan, transportation improvementprogram, orfederallyfunded or approved 

F1iW...t.'1TA highway ortransiiprojea unless such agency has signed the (app/i.cable memorandum 

ofagreement) which bindssuchparries to adhere to conformity criteria curd procedureswhich 

compry -..vithfederal Clean Air Aa seaion 176(c) [42 U.S.c. 7401-7671qj and40 CFRPan 51, 

Subpar: T and40 CFR Part 93, SubpartA and thoseproceduresincludedin the (applicable 

memorandum ofagreement). regarding EPA RuLesfor Transporuuion CcriformiIy to rha1 has been 

approved by EPA. 

(c) Eachfederal agency which participates in determinations Of conformity to stase and 

federal implemerwrion plans shallsign tM (applicable memorandum ofagreement) which binds 

suchfedera! agency to adhere to conformity criteria andprocedures which comply withfederal 

CLean Air Act seaton 176(c)[42 U.S. C. 7401-7671qj and 40 CFR Parr51, SubpartT and 4() CFR 

Part 93. Subpart A and those procedures included in the (applicable memorandum ofagreement), 

regarding EPA Rules for Transportasion Conformity" that has been approved try EPA. 

Please feel free to contact Paul T. Wentworth of my staff at (215) 814-2183, with regard to 

this or any other issue. 

Sincerely, 

~/~~ Robert Kramer. Chief 

Energy, Radiation, and Indoor EIlviroume~ranch

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