MAR¥L~ DEPARTMENT OF THE ENVIRONMENT 

""., " MllAND<l~ADlA'U9N~~AGEMENTADMINlSTRATION

MDE TECHNICAL SUPPORT DOCUMENT 

Parris N, Glendening Jane Nishida 

Governor Secretary 

SUMMARY AND ECONOMIC IMPACT OF NEW REGULATION COMAR 26.11.26.02 and 

26.11.26.03 TRANSPORTATION - ~., - . CONFORMITY

I. . INTRODUCTION 

The purpose of amending COMAR 26.11.26 is to provide a legal platform for the various 

consultation procedures that have been developed between the Maryland Department ofthe 

Environment (MOE), Maryland Department ofTransportation (MOOT), Metropolitan Washington Air 

Quality Committee (MWAQC), and Metropolitan Planning Organizations (MPOs). Some definitions 

have also beeri revised. In general, the transportation conformity rule ensures that the continuous 

transportation planning process and the air quality planning process are consistent with each other so 

that federal air quality standards can be met as quickly as possible. Recent revisions to the 

administrative complexity ofthe rule allows many decisions to be made through the interagency 

consultation process. The revisions to COMAR 26.11.26 give state and local governments increased 

flexibility to set performance measures used to determine conformity, develop the State 

Implementation Plan (SIP), and handle unique planning situations in a manner beneficial to the 

environment and economic development. 

II. AFFECTED SOURCES 

This rule directly affects the Maryland Department ofthe Environment (MOE), the Maryland 

Department ofTransportation (MOOT), the Metropolitan Planning Organizations (MPOs) which 

include the National Capital Transportation Planning Board (TPB), the Transportation Steering 

Committee ofBaltimore (TSC), the Wilmington Area Planning Council (WILMAPCO), the Regional 

Planning Organizations such as the Metropolitan Washington Air Quality Committee (MWAQC) and 

local governments included in a nonattainment area but not included in an MPO. 

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III. REGULATION SUMMARY 

The transportation conformity rule, 40 CFR Section 93.105, requires that the state 

implementation plan address how the principal agencies involved in the continuing transportation 

planning process and air quality planning process will involve each other in their respective process so 

that all goals are met. On April 20, 1995, the Maryland Department ofthe Environment submitted 

Maryland's Transportation Conformity State Implementation Plan (SIP) Revision. At that time a 

separate Memoranda ofUnderstanding (MOD) for each MPO was submitted for the consultation 

procedures. The SIP must be supported through a legally enforceable format. This rule provides a 

regulatory framework for the consultation procedures, developed through the MOUs. The rule is very 

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general defining the roles and responsibilities ofthe affected parties and does not replace the MOU. 

The MODs describe the process in greater detail and specifically apply to how the organizations 

conduct their planning process. Many of the involved planning organizations are multi-jurisdictional 

and multi-state. A greater degree of flexibility is needed for a smooth planning process. The 

regulation provides the legal underpinning for the process. 

IV. DISCUSSION 

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COMAR 26.11.26 was revised on January 30, 1998 to be consistent with the federal 

transportation conformity rule which was published on August 15, 1997. The revision to the federal 

rule on August 15, 1997 allows one year to complete a SIP revision implementing the conformity 

requirements at the State level and establishing interagency consultation procedures. The current 

amendment establishes updated interagency consultation procedures in COMAR 26.11.26. The 

decision requires air quality agencies, transportation agencies and local governments to establish a 

proactive communication process with each other. The rule defines lead agencies for a particular 

planning process. The rule requires the lead agency to solicit comments early in the planning process 

from the affected agencies and to provide the materials needed for the affected agencies to make 

informed comments. The lead agency will consider the comments and how they should be 

incorporated into the planning process. 

V. AIR QUALITY BENEFITS 

The Clean Air Act (CAA) and ISTEA conformity provisions are intended to ensure that 

integrated transportation and air quality planning occur in the areas designated by EPA as 

nonattainment (areas that cannot comply with federal air quality standards) or maintenance areas (areas 

that need continued control programs to comply with federal standards). Maintaining constant 

emissions levels maintains air quality. The transportation conformity process ensures through 

quantitative analysis that transportation system improvements do not increase emissions above the 

limits allowed in the SIP. 

f:\ritter\conform\amend\consult.tsd September 2, 1998 

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