1246 Final Action On Regulations 

For information concerning Final Actionon Regulations, see inside front cover. 

Symbol Key 

Roman type indicates text already existing at the t"ime of the proposed action. Italic type indicates new text added at the time of 

proposed action. A single underline indicates text added at the time of final action. [Single brackets] indicate deleted text. 

[[Double brackets]] indicate text deleted at the time of final action. 

Computer Printouts Available 

Computer printouts of newly adopted regulations are available to the general public and to State agencies from the Maryland Infermation Retrieval System (MIRSldatabase. MIRS automatically updates COMAR, integrating new and amended text into existing 

text, and removingall symbolsand obsoletematerial. State agencies may find MIRSprintouts particularly valuable in preparing the 

next generation of regulation amendments for publication in the Maryland Register. For more information, call (410) 974-3500. 

Title 08
 

DEPARTMENT OF
 

NATURAL RESOURCES
 

Sub 'tie 18 BOATING - SPEED LIMIT
 

OPERATION OF VESSELS
 

Ocean City - Back Bay Ar
 

uthority: Natural Resources Article. ~8· 7 4, 

Annotated Code of Maryland 

Notice of Final Action 

199-137·FI 

On July 20, 19 9, the Secretary of atural Resources 

adopted new Reg lation .06 under. COMAR 08.18.18 

Ocean City - Bac Bay Areas. T is action, which was 

proposed for adoptio in 26:12 Md. . 936 - 937 (June 4, 

JOHN R. GRIFFIN 

etary of Natural Resources 

ority: Health-General Article. §19·101 et 

Annotated Code of Maryland 

Notice of Final Action 

[99·119·F.ll 

Subtitle 24 M YLAND HEAL 

PL NNING COMMISS N 

10.24.08 S te Health Plan: Lon Term Care 

Services 

1999), has been adopte as propos 

Effective Date: Au st 9,19 . 

On uly 13, 1999, the Maryland Health Resource Planning ommission adopted amendments to Regulati 

und r CO~ 10.~4.08. State Health Plan: Long rID 

e Services. ThtS ~ctlon was considered by the Co isS n a~ an open meeting on July 13, 1999, notice of whi h as grven through publication in the Maryland Registe 

airman 

aryland Health Resources Planning Comm 

Title 26
 

DEPARTMENT OF
 

THE ENVIRONMENT
 

Subtitle 11 AIR QUALITY t 

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 Final Action 

198·262·F] • 

On July 12, 1999, the Secretary of the Environment 

amended Regulations .02 and .03, adopted new Regulations 

.04 - .08, and recodified Regulation .04 to be Regulation 

.09 under COMAR 26.11.26 Conformity. This action, 

which was proposed for adoption in 25:16 Md. R. 1332­

1335 (July 31, 1998), has been adopted with the nonsubstantive changes shown below. 

Effective Date: August 9, 1999. 

Attorney General's Certification 

In accordance with State Government Article, § 10-113, 

Annotated Code of Maryland, the Attorney General certifies 

that the following changes do not differ substantively from 

the proposed text. The nature of the changes and the basis 

for this conclusion are as follows: 

Regulation .04A: The text has been changed to clarify language in this section. 

Regulation .04B: The text has been added at the request 

of the Environmental Protection Agency to clarify who may 

participate in the consultation process. 

Regulation .07A(2) - (3): The language in this section t 

was added to clarify the responsibility of the MPO in the 

public participation process, 

MARYLAND REGISTER, VOL 26, ISSUE 16 FRIDAY, JULY30,1999 
FINAL ACTION ON REGULATIONS 1247 

.04	 Transportation Conformity - Consultation in 

General: Title 30

A. The MPOs, RPOs, the Department, and MDOr. sh~l

comply with the procedures ir: this regu.lation govem~ng Ln·
 ARYLAND INSTITUTE F

sultation 

teragency 

with 

consultation, 

each other 

conflict 

and toith. 

.resol.u~l~n,

divisional 

and 

or regional of­


pu~llc con­
 GENCY MEDICAL SE

fices of the EPA, Federal Highway Administration (F'HWA),
 YSTEMS (MIEM ) and Federal Transit Administration (F'TA) on the develop­


ment of:
 Subtitle 08 ESIGNATION OF RAUMA AND [A.](1) Control strategy implementation and maintenance SPECIA Y REFERRA EN·rERS plan revisions; 

[B.] (2) - [F.] (6) (proposed text unchanged)	 [[30.08.08]] 30.08. Speci Referral Centers 

B. Aparty is not allowed to be a partici,?a~ing CfCency in Designation Crite .
 

the consultation process unless that party lS ldentl{ied as a
 

participating agency in this regulation.
 

.07	 Transportation Conformity - Public Consulta­


tion Procedures.
 of Final ction A. The MPOs shall: [98-251.F] (l)	 [[establish]] Establish a proactive public inoolue­On July 12, 199 , new Regulations. -.11 under CO· ment process which provides reasonable opportunity for re­ MAR 30.08.07 ialty RefelTBl Ce r Designation view and comment before taking formal action on a confor­Criteria we adopted by the State Em ency Medical mity determination for all transportation plans and TIPs, Services (E ) Board. This action, which w roposed for consistent with the requirements of23 CFR §450.316(b)[[.]1: adoption i 25:15 Md. R: 1230 -1231 (July 1 1998), has (2) Release information support~ng conformity cfetermi. been ado ted as proposed. nations at the beginning of the publ~c comment peno~; and Effe ive Date: August 9, 1999. (3) Assess reasonable charges Ln' accordance wah the
 

provisions of49 CFR 7.95.
 

B. - C. (proposed text unchanged) 

JANE T. NISHIDA 

Secretary ofthe Environment 

• Errata 

COMAR 08.15.01 

At :14 Md. R. 1099 (July 2, 1999), col. 1, line 1
 

the botto
 

For:
 

Read: 

0.22.03 General Sa 

~'ln 	 L' .. 10.22.03 Procedures for IC
 

enials and Disciplinary Sanctions,
 

(99·16-34) 

ROBERT R. BASS. .D. 

Executive Direc r 

MIEMS 

MARYLAND REGISTER, VOL28, ISSUE 18 FRIDAY, JULY 30, 1999 
1332 PROPOSED ACTION ON REGULATIONS 

26.11.22
 

Subtitle 11 AIR QUALITY 

26.11.26 Conformity _..- ­ Authority: Environment Article, [TItle 2] §§1.101. 1-404,2·101 - 2·103,
 

2· 301-2·303.10-102,10.103,
 

Annotated Code of Maryland
 

Notice ofProposed Action
 

(98-262.Pj
 

The Secretary of the Environment proposes to amend 

Regulations .02 and .03, to adopt new Regulations .04­

.08, and to recodify Regulation .04 to be Regulation .09 under COMAR 26.11.26 Conformity. 

Statement ofPurpose 

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 of 

the Environment (MDE), Maryland Department of Transportation (MDOT), Metropolitan Washington Air Quality 

Committee (MWAQC), and Metropolitan Planning Organizations (MPOs). Some definiticns have also been revised. In 

general, the transportation confonnity rule ensures that ~e

continuous transportation planning process and the arr 

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 

of the 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. This regulation will be consistent with the Memoranda of Understanding (MOU) that have been established with the Metropolitan Planning Organizations (MPOs). 

Comparison to Federal Standards 

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

restrictive or stringent. 

Estimate of Economic Impact
 

The proposed action has no economic impact.
 

Economic Impact on Small Businesse~ . 

The proposed action has minimal or no economic impact 

on small businesses. 

The Department 

Opportunity 

of the 

for 

Environment 

Public Comment 

will hold a public 

•

hearing on the proposed amendments on September 2, 

1998, at 10 a.m., at the Maryland State Office Building, 300 

W. Preston St., 1st Floor Auditorium, Baltimore, MD 21201. 

Interested persons are invited to attend and express their 

views. Written comments may be sent to Deborah Rabin. 

Regulations Coordinator, Air and Radiation Management 

Administration, Department of the Environment, 2500 

Broening Highway, Baltimore, Maryland 21224. Written 

comments must be received not later than September 2, 

1998, or be submitted at the hearing. 

Copies of the proposed amendments and supporting documents are available for review at the following locations: the 

Air and Radiation Management Administration. 2500 

Broening Highway, Baltimore, Maryland 21224; r~gional offlees 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. 

A hearing impaired person may request that an interpreter be present at the hearing by notifying the Department of the Environment 5 working days in advance of the 

hearing date at (410) 631-3009. For more information call 

Deborah Rabin, Air and Radiation Management Administration, (410) 631-3240. 

.02 Definitions. 

A. (text unchanged) 

B. Tenns Defined. 

(1) "Adopt or approve or a regionally significant project
 

sary 

means 

to 

(a) 

the first 

authorize 

Any policy 

time 

a project 

any 

board 

of 

to occur: 

the 

action 

following 

necessary 

actions 

for the 

are 

project
 

neces­

. •

to proceed;
 

(b) The issuance of administratiue permits for the
 

project;
 

(c) The execution of a contract to construct the project; 

(d) Any final action of a board. commission, or ad­

ministrator authorizing or directing employees to proceed
 

with construction ofthe project; or
 

(e) Any written decision or authorization from the
 

metropolitan planning organization (MPO) that the project
 

may be adopted or approved.
 

[(1)](2) (text unchanged) 

(3) "Cooperation" means that the "arties inuolued in
 

carrying out the planning, programming, and management
 

systems processes work together to achieoe a common goal or
 

objective.
 

(4) "Department" means the Depcrtrnerit ofthe Enuiron­

ment.
 

[(2)] (5) (text unchanged) 

(6) "MDOT" means the Maryland Department ofTrans­

portation.
 

(7) "Metropolitan planning organization" (MPO) means
 

the:
 

(a) Organization responsible, together with the State,
 

for conducting the continuing. cooperatiue, and comprehen­

siue planning process under 23 U.S.C. 134 and 49 U.S.C.
 

5303; and
 

(b) Forum for cooperatiue transportation decision­

making.
 • 

MARYLAND REGISTER, VOL. 25, ISSUE 16 FRIDAY, JULY 31, 1998 
PROPOSED ACTION ON REGULATIONS 1333 

(8) "National Capital Transportation Planning Board the EPA, Federal Highway Administration (FHWA), and 

t (TPB)" is the MPO for the Washington region-which includes 

Frederick, Montgomery, and Prince George's counties in 

Maryland as well as the District of Columbia and Northern 

~r~n~ .. . (9) Regional Planning Organization. (RPO). 

(a) "Regional planning organization" means an orga· 

nization. certified by the Governor as being responsible for 

the preparation of air quality plans for a nonattainment 

area under §174 ofthe federal Clean Air Act. .--------._ 

(b) "Regional planning organization" may include 

elected offteials of State and local governments in the af· 

fected nonattainment area, or representatives of the MDE, 

MDOT, and MPOs for the affected area. 

(c) "Regional planning organization" is the' forum for 

a 

ning 

(STIP)" 

cooperative 

(12) 

[(3)] 

in the 

means 

(10) 

"Statewide 

RPO's 

-

decisiona 

[(4)] (11) 

staged, multiyear, 

specific 

transportation 

making 

(text 

nonattainment 

unchanged) 

process for air 

intermodal 

improvement 

area. 

quality 

program 

program 

planof 

transportation 

tan 

tent 

transportation 

(13) 

with 

"Statewide 

the Statewide 

projects couering the 

plans, 

transportation 

transportation 

and developed 

plan" 

State, 

plan 

under 

means 

which 

and 

23 

the 

metropoliCFR 450. 

is consisofficial 

intermodal Statewide transportation plan that is developed 

through the Statewide planning process for the State, under 

23 CFR450. 

(14) Transportation Control Measure (TCM). 

(a) "Transportation. Control Measure" mea~:

(i) A measure that is specifically identified and 

committed to in the applicable implementation plan that is 

either one of the types listed in section 108 of the Clean Air 

& Act; or . (I. (ii) Any other measure for the purpose of reducing 

emissions 

tation sources 

or concentrations 

by reducing 

of

vehicle use or 

air pollutants 

changing 

from transportraffic 

flow or congestion conditions. 

(b) "Transportation control measure" does not include 

based 

vehicle 

measures 

technology-based, 

which control the 

fuel-based, 

emissions 

and maintena,:cefrom uehicles 

under fixed traffic conditions. 

(15) "Transportation Steering Committee of Baltimore 

(TSC)" 

cludes 

and 

Howard 

MAPCOr 

(16) 

Cecil County, 

means 

Anne 

counties 

"Wilmington 

means 

Arundel, 

the MPO for the 

the MPO for New 

and 

Maryland. 

the cities 

Baltimore, 

Area 

of

Planning 

Baltimore 

Baltimore 

Castle 

Carroll, 

County, 

region, 

Council 

and 

Harford, 

Annapolis. 

which 

Delaware 

fWILand 

in­

.03 Transportation Conformity - In General. 

A. - B. (text unchanged) 

[C. Consultation. The consultation requirements of 40 

CFR §93.105 are addressed and replaced by specific consultation agreements (memoranda of understanding) mutually 

established by and among the Maryland Department of the 

Environment. the Maryland Department of Transportation. 

and the appropriate Metropolitan Planning Organizations 

(MPOs). Following notice and public hearings. these agreements shall be submitted to EPA for approval by EPA as revisions to the Maryland State Implementation Plan.] 

.04 Transportation Conformity - Consultation in 

General. 

The MPOs, RPOs, the Department, and MDOT shall com· 

t ply 

agency 

tion 

with 

with 

consultation, 

the procedures in this 

each other and 

conflict 

with 

resolution, 

dioisional 

regulation 

and 

or regional 

gouer,ning interpublic consultaoffices of 

Federal Transit Administration (FTA) on t~ deuelopment 

of' 

A. Control strategy implementation plan revisions; 

B. The list of TCMs in applicable implementation plans; 

C. The Unified Planning Work Program (UPWP) under 

23 CFR §450.314; 

D. Transportation plans; 

E. Transportation improvement programs (TIPs); and 

F. Associated conformity determinations required by this 

chapter. 

.05 

tion process 

ment, 

with 

A. 

Transportation 

tation 

(1) 

this 

Consultation. 

and 

Representatives 

regulation 

MDOT 

Requirements. 

with the 

shall 

Process. 

and 

Conformity 

FHWA, FTA, 

undertake 

Regulations 

of the MPOs, 

-

an 

and 

Interagency 

.06 

interagency 

EPA, in accordance 

RPOs, 

- .08 of

the 

this 

consultaConsulDepartchap. 

ter on the development of' 

(a) UPWp, transportation plans, TIPs, any reuisions
 

to them, and associated conformity determinations; and
 

(b) The SIP and revisions to the SIP. 

(2) The MPOs are the lead agencies responsible for pre­

paring an amendment, or revision of the UPWp, the trans­

portation plan, or the TIP and for making conformity deter­

minations.
 

(3) In nonmetropolitan, or rural nonattainment and 

maintenance areas, the MDOT is the lead agency responsible 

for preparing amendments or revisions to the Statewide 

transportation 

formity 

(4) 

determinations. 

The Department 

plan, or the 

is the lead agency 

Statewide TIp, and 

responsible 

making con­for 

preparing 

ommended 

(5) In 

revisions 

by the MPOs 

the case 

to 

of 

the 

metropolitan 

and 

SIP 

MDOT. 

and incorporating 

nonattainment 

TCMs recand 

maintenance areas that have a certified RPO, the RPO is the 

agency responsible for preparing an air quality plan and for 

cess 

assuring 

and 

ity 

B. 

plan, 

(1) 

with 

MDE 

When 

Initiating 

and 

respect to the 

the 

haue 

serving 

adequacy 

any 

the 

amendments 

the 

as 

following 

applicable 

lead 

development 

of the 

agency, the MPO.

responsibilities: 

interagency 

or 

consultation 

revisions 

ofthe proposed 

consultation 

to the plan. 

." RPOs, 

process by 

air 

MDOT, 

qualpronotifying other participants, convening meetings, preparing 

summaries, assuring that all relevant documents and information are supplied to all participants. in the consultation 

process in a timely manner, maintaining a written record of 

the consultation process, and providing final documents and 

supporting information to each participating agency after 

approval or adoption; 

(2) Enabling regular consultation on major activities 

(such as the 

portation 

opment 

ing meetings 

of 

plans 

a 

development 

TIp, 

beginning 

or TIPs, or the 

any determination 

on 

of a 

a 

transportation 

development 

date determined 

of conformity 

of

plan, 

a SIP) 

by the 

the devel­on 

includtranslead 

agency to be adequate to meet the date a final decision is 

required and continuing at a frequency mutually agreed 

upon by the affected agencies; 

(3) Convening meetings of technical staff as necessary; 

(4) Conferring with all other agencies identified in §A of 

ful 

this 

viding 

input, 

regulation 

all information 

soliciting 

with an 

early 

to those agencies 

interest 

and continuing 

in the planning 

needed 

input 

for 

process, profrom 

meaningthose 

agencies, before taking any action, considering the uiews of 

MARYLAND REGISTER. VOL. 25, ISSUE 16 FRIDAY, JULY 31.1998 l 
1334 PROPOSED ACTION ON REGULATIONS 

_er 

" 

-t. agency 

ive written 

and 

manner, 

responding 

and 

to those views in 

making the views 

a 

and 

timely, subwritten 

?nse part of the record ofany decision or action; 

(5) When not fulfilling the responsibilities of a lead 

agency, reviewing and commenting as appropriate (includ: 

ing 

tions in 

expertise 

sion 

tance 

comments 

meetings, 

to the lead 

a 

or 

timely 

responsibility, 

in 

providing 

agency 

writing) 

manner, 

or 

input 

on all proposed decisions 

attending 

to 

and 

the 

on 

providing 

consultation 

any 

consultation 

area 

technical 

of 

process whet!.. 

substantive 

and 

and 

assisdeci­ac­ requested.

C. In addition to serving as lead agency pursuant to §A(2) 

ofthis 

(1) 

regulation, 

Developing 

the 

or 

MPOs are responsible for: ­

approving transportation and related 

socioeconomic data and local planning assumptions, or 

both, and providing data and assumptions for use in air 

portation 

quality 

velopment 

(2) 

analysis 

Providing 

plans, 

of onroad 

TIPs, 

for 

transportation 

SIP 

mobile 

and 

tracking 

projects; 

source 

demand 

and 

emissions 

conformity 

forecasting for deinventories 

of transby 

the Department and MDOT; 

(3) In cooperation with MDOT, evaluating potential 

TCM projects and impacts; 

policy 

nificant 

. 

MPOs on 

(4) 

(5) 

(6) 

input 

In cooperation 

In-'COOPeration 

In 

projects to 

emissions analysis 

cooperation 

into the 

determine 

development 

with 

with 

with 

MDOT, 

MDOT, monitor 

a 

MDOT, 

for 

need for 

of

transportation 

providing 

emissions 

consulting 

emissions 

regionally 

technical 

budgets; 

with 

modeling; 

activities 

other 

and 

sigeas; 

which 

a££ion 

.sportaiion. 

:ant"

(7) 

cross the 

to those 

In 

for the 

cooperation 

projects 

functionally 

purpose 

borders 

should 

of

of the 

with 

regional 

classified 

be 

MDOT, 

M1!'0s 

considered "regionally sigemission 

or 

as 

determining 

nonattainment 

principal 

analysis 

arterial 

(in adwhich 

ar­ roadway or higher classifications, {i.:t.ed guideway systems, or extensions that offer an alternative to regional highway 

travel), and which projects should be considered to have a 

signi.ficant change in desig~ concept and scope from the 

transportation plan or TIP; 

(8) In cooperation with MDOT, assuring that plans for 

construction of regionally significant projects which are not 

FHWA or FTA funded or approved projects (including 

projects for which alternative locations, design concept and 

scope, or the 

cluding all plans 

no-build 

by recipients 

options are 

of funds 

still being considered), indesignated under 23 

USC or the Federal Transit Act, are disclosed by the MPO 

members on a regular basis, and assuring that any changes 

to those plans are immediately disclosed and the interagency 

consultation process undertaken involving the MPO and 

MDOT and the recipients of funds designated under 23 

U.S.C. or the Federal Transit Act; 

(9) In cooperation with MDOT, designing, scheduling, 

and funding research and data collection efforts and model 

developments in regional transportation, such as household 

or travel transportation surveys; 

(10) In cooperation with MDOT and the Department, 

evaluating 

(YMT) 

portation 

ated 

'uating 

(11) 

the 

methods 

forecasting; 

requirements 

In 

demand 

and 

whether 

cooperation 

and 

choosing 

assumptions 

analysis, 

projects otherwise 

of 

with 

40 CFR 

each model or models 

including 

the 

to be used in regional 

127 

Department 

vehicle miles 

should 

exempted 

be 

and 

and 

from meettreated 

traveled 

MDOT, 

associtrans­as 

pacts 

exempt 

may exist for 

in cases where 

any reason; 

potential adverse emissions im­

(12) In cooperation with MDOT and the Department, 

making a determination as required by 40 CFR 113, whether .­ past obstacles to implementation of TCMs that are behind 

the schedule established in the applicable implementation 

plan have been identified and are being overcome, and 

provals 

als or 

whether 

tion, 

necessitate 

considering 

funding 

or 

State 

funding 

revisions to the applicable 

and 

for TCMs are 

whether 

local agencies 

for TCMs, 

delays in 

giving 

and 

with 

maximum 

as 

TCM 

influence 

part 

implementation 

of 

implementation 

priority 

this 

over approvconsultato applan 

to 

tion 

determining 

remove 

(13) 

measures; 

In cooperation 

TCM or 

what forecast 

substitute 

with 

of 

TCMs or 

vehicle 

MDOT 

miles 

and 

other 

traveled 

the 

emission 

Department, 

(VMT) 

reducto 

ing 

tions; 

use in 

mentation 

transportation 

(14) 

establishing 

In cooperation 

plan revisions, or 

plans, 

or tracking 

with 

TIPs, or control 

making 

MDOT the 

emissions 

conformity 

Department, 

budgets, developstrategy 

determinaimpleevalu­

ating events which may trigger new conformity determina­

tions in addition to those triggering events established by 40
 

CFR §93.104;
 

(15) In cooperation with MDOT aad the Department,
 

developing assumptions regarding the location and design
 

concept and scope ofprojects which are disclosed to the MPO
 

as required by this regulation, but whose sponsors have not
 

yet decided these features in sufficient detail to perform the
 

regional emissions analysis according to the requirements of
 

40 CFR §93.122;
 

(16) In cooperation with MDOT and the Department,
 

consulting with the FHWA and ITA on timely action on fi·
 

nal findings of conformity; and .
 

(17) In cooperation with MDOT and the Department, •
 

obtaining guidance on conformity and the transportation
 

planning process for agencies involved in the interagency
 

consultation process.
 

D. In addition to serving as lead agency pursuant to §A(3)
 

ofthis regulation, MDOT is responsible for:
 

(1) Circulating draft and final environmental impact or
 

assessment documents to appropriate agencies;
 

(2) Convening air quality technical review meetings on
 

specific projects as needed or when requested by other agen­

cies;
 

(3) In rural nonattainment areas and areas not in­

cluded in an MPO, assuring the proper completion of trans­

portation modeling andregional emissions analyses and the
 

documentation oftimely implementation ofTCMs needed for
 

conformity assessments; and
 

(4) Representing jurisdictions outside th{ metropolitan
 

planning area within the nonattainment or maintenance
 

area on the MPO when determining conformity on all
 

projects in those areas.
 

E. In addition to serving as lead agency pursuant to §A(4)
 

ofthis regulation, the Department is responsible for:
 

(1) Developing emissions inventories and budgets; 

(2) Tracking attainment of air quality standards and
 

emission factor model updates;
 

(3) Gaining final approval at State leuel for control
 

strategy implementation plan revisions and maintenance
 

plans:
 

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

located at sites in PMIO nonattainment areas which will 

have 

teristic~

oehicle 

w~ich

and 

are 

roadway 

.essentially 

emission 

~dentical

and 

to those sites 

dispersion characWhiCh. 

haue violations verified by monitoring and, therefore, require 

quantitative PM10 hot-spot analysis; 

MARYLAND REGISTER, VOL. 25, ISSUE 16 FRIDAY, JULY 31, 1998 
PROPOSED ACTION ON REGULATlONS 1335 

(5) In cooperation with MDOT, choosing conformity (a) The conformity determination and any supporting 

tests and methodologies for isolated ruralnonauoinment (I and maintehance areas; .. . 

(6) In cooperation with MDOT, evaluating and choosing 

each 

tions 

model 

to be used 

or models 

in hot-spot 

and associated 

analysis; 

methods and assump­. 

(7) In cooperation with MDOT and MPOs, consulting 

guidance 

hicle 

cies 

with 

(8) 

involved 

the EPA on 

emissions 

In 

on 

cooperation 

conformity 

in the 

factors, 

reoieta 

interagency 

criteria 

with 

emission 

and approval 

MDOT 

and 

consultation 

inventories, 

procedures 

and 

of updated 

MPOs"qbtaining 

and 

process; 

for t7ie agenmotor 

budgets; 

and 

vegional 

sions 

ti{i€d, 

.06	 

A. 

(9) 

Associated 

Transportation 

Unresolved 

inventories 

cooperating 

air 

In 

quality 

nonattainmeni 

with 

and 

conflicts 

plans. 

with 

budgets, 

Conformity 

Conformity 

the 

areas 

among 

RPO 

and 

where an 

in the 

State 

-

in the 

Determinations. 

Conflict 

development 

agencies, or 

RPO 

development 

has 

Resolution 

been cerof

between 

emisofre­ State agencies and the MPOs, or among the MPO member 

jurisdictions, shall be identified by an MPO or agency in 

writing to the other MPO, the Department, or MDOT, with 

copies to the FHWA, FrA, and EPA. The MPOs or agency's 

written notice shall: 

(l)	 Explain. the nature ofthe conflict; 

(2) Review options for resolving the conflict; 

(3) Describe the MPO's or agency's proposal to resolve 

the conflict; 

/(a 

tion; 

within 

B. 

(4) 

(S) 

and 

If

2 

the action in 

Explain 

Request 

weeks.

the 

that 

§A

consequences 

comments 

ofthis regulation

on the 

of not 

matter 

does not

reaching 

be 

result

a 

received 

resoluin a 

.• resolution ofthe conflict, one ofthe following applies: 

(1) If the conflict is between the MPOs or between the 

tion 

MPOs 

(2) 

procedures 

and 

If the 

MDOT 

conflid 

of23 

then 

CFR §4S0.210; 

is 

the 

between 

parties 

the MPOs or 

shall follow the 

MDOT 

coordinaand 

the Department and the conflict cannot be resolved by the 

affected agency heads: 

(a) The Secretary ofthe Environment may elevate the 

conflict to the Governor in accordance with the procedures of 

§C ofthis regulation, or 

ernor within 

(b) If the MDE 

14 days as 

Secretary 

provided 

does not 

in §Cofthis 

appeal 

regulation, 

to the Govthe 

MPO or 

mination; 

(3) In 

MDOT 

the case 

may 

of 

proceed 

interstate 

with 

nonattainment 

its final conformity 

areas, 

deterif the 

conflict 

flict 

flict 

parties 

shall 

ronment 

days to appeal to the Governor 

C. 

cannot 

(1) 

may 

Appeals 

be in accordance 

involved. 

involves 

The 

be resolved in 

under 

be 

Secretary 

to the Governor by the 

resolved 

the 

agencies 

provisions 

with 

of 

by the 

a 

outside 

the 

manner 

the 

affected 

Environment 

after 

following 

of 

of

mutually 

§B(2) 

Maryland, 

the MPO or 

agency 

Secretary 

procedures: 

of 

has 

agreed to by the 

this 

heads, the conand 

of 

14 

MDOT 

regulation 

the 

calendar 

the conEnvihas 

notified Secretary of the MPO's or MDOTs resolution ofthe 

Department's comments; 

(2) The notification to the Secretary shall be in writing 

and shall be hand-delivered; 

(3) The 14-00'1appeal commences when MDOT or MPO 

documentation. .	 ' 

tion, and 

(c) 

(b) 

Any 

The 

response by 

Department's 

the 

comments 

MPOs or MDOT 

on the 

to the 

determinaMDE' 

(S) The Department shall provide a complete appeai 

package to the MPO and MDOT within 24 hours following 

the 

fice; 

date 

(6) If 

on 

the Governor does not 

which the appeal is filed 

concur 

with 

with 

the Gouernor's Ofthe conformity 

cable 

of

determination, 

nation 

projects, 

(7) 

implementation 

of

If

these; 

the Governor 

revision 

the Governor 

of

plan, 

the

concurs 

conformity

revision 

may 

with 

direct 

of

the 

analysis,

the 

revision 

conformity 

planned 

or 

of

any

the 

program 

determicombiapplination made by the MPO and MOOT, the MPO and MDOT 

may proceed with the final conformity determination; and 

(8) The Governor may delegate the Governor', role in 

this process, but not to the agency head or staff ofthe MDE 

orMDOT. 

D. This regulation does not prevent the State agenc~s and 

MPOs from making efforts on their own initiative to obtain 

propriate 

.07	 

mutual 

A 

non 

Tran.portation 

The MPOs 

conflict 

Procedure

means. 

resolution 

shall 

•. 

establish 

Conformity 

thrpugh 

a proactive 

confe.reru:es 

- Public 

public 

or 

COlUultaother 

involveapment process which provides reasonable opportunity for remity 

view and 

determination 

comment before 

fer all 

taking 

transportation 

formal action 

plans 

on 

and 

a conforTIPs, 

consistensuiith. the requirements of 23 CFR §4S0.316(b). 

B. If the public disagrees with the MPO's decision about 

whether a project is regionally significant and whether it 

was modeled properly in the emission analysis supporting a 

proposed conformity finding for a transportation plan or 

TIp, a written explanation shall be provided by the MPO 

upon request by the public. 

C. The MPOs shall also provide an opportunity for public 

involvement in conformity determinations for projects when 

otherwise required by law. 

.08	 Transportation Conformity - Interagency Con.ul· 

tation Procedure•• 

The MPOs, RPOs, MDOT, and the Department may enter 

into agreements to set forth specific consultation procedures 

in more detail that are not in conflict with this regulation. 

[.04] .09 (text unchanged) 

JANE T. NISHIDA 

SecretaIv of the Environment 

has confirmed receipt by the Secretary of the agency's or 

: MPO's resolution ofthe Department's comments; 

, . t
 (4) The appeal to the Governor shall contain:
 

MARYLAND REGISTER, VOL. 25, ISSUE 16 FRIDAY, JULY 31,1998