c)U.S.EPA,REGIONifiAIRPROTECTIONDIVISIONPLEASEDELIVERIMMEDiATELY/.171/0J—3_--Date:7/y”If#ofPgs.(includingcoversheet):TO:____FROM:______________________C,Phone:(215)814-CONTS:___________________cc/P1C*O UNITED STATES ENViRONMENTAL PROTECTION AGENCY 

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REGION
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1650 Arch Street Philadelphia, PennsyLvania 19103 Ms. Dianne Franks, Chief Air Quality and Planning Division Air and Radiation Management Administration Maryland Department

of the Environment 2500 Broening Highway Baltimore, Maryland 21224 Dear Ms. 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 EPA the opportunity

.o comment
on these proposed plans. Plea.se 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 COM.AR 26.22.26.03)
for each of the metopolitan planning organizations (MPOs), are not part of the rule. They need to be specifically referenced

in the rule. The consultation process for the Wa.thington Metropolitan Area MPO, the Transportation Planning Board, does not have

a signature page with the signatures
of the principle agencies involved

in the specific consultation processes. There needs to be language that prohibits anyone who has not signed the memorandun

of agreement with the any of the MPOs mentioned

in the rule from participating

in the consultation processes required by the Conformity rule. Customer Service FIotline: 1-800-438-2474DCJ— Below

is an example of the language EX4AiIPLE OF STATE RULE FOR MOUc,MOAs: a No red lent of federal fwzds (as defined
at 40 CFR 93.Q1) designated wider title 23 U.S.C. or the Federal TransitAct shall adopt or approve
or
t e any cc ion to eve op or irnpien’zent

a regionally signfi cant highway
or transit project unless such recipient has signed a mentorandwn

of agreement with the (applicableMPO

and signarories) ,which binds such recipient

to adhere
to conformity criteria and procedures which comp with federal Clean Air Acrsecrionl76(c)[42 U.S.C. 7401.7671qJ and 40 CFRParr5I, SuboartTand

40 CFR Parr 93, Subpart

A and those procedures included

in the (applicable memoro.rzdwn ofagreernem), regarding EPA Rules far Transportation Conformity” that has been approved
by EPA. (b) No agency shall adopt or approve
or take any action
to implement

or develop any transportation plan. transportation irnprovementprogram, orfederallyfisnded

or appravei F7’AJITA highy or transit project unless such agency has signed the (applicable mnorrdwn of agreement) which binds such parties
to adhere
to conformity criteria and procedures which compljwirhfederal

Cl nAlrAcsection 176(c) [42 U.S.C. 7401-7671

aJ and 40 CFR Part 51, Subpart rand 40 CFR Part 93, SubparrA and chose procedures included

in the (applicabk meznorrznthon ofagreemenc), regarding EPA Rules for Transporrion Cotyw7nüy” that has been approved
by EPA.



# ( (C) Each federal agency which participate.i

in determinations

of conformity

to state and federal implem nration plans shall sign the (applicable memorandioiz

of agreement) which binds such federal agency
to adhere
to conformity criteria and procedzres which comply with federal Clean AirAct secnon 176 (c) (42 U.S.C. 7401-7671aJ and 40 CFR Parr 51, Subpart Tand 40 CIR Part 93. SsebpartA and those procedures inchiden’

lii the (applicable rnemoranth.an

of agrwnem), regarding EPA Rules for Transportation Conformity” that has been approved
by EPA. Please feel free to contactPaul

T. Wentworth

of my staff at (215) 814-2183, with regad
to this or any other issue. Sincerely, Robert Kramer, Chief Energy, Radiatior, and Indoor Enviornenr3nc



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