1246 

# FinalAction 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 PrintoutsAvailable 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 ofMaryland

Notice ofFinalAction
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 ofMaryland

Notice ofFinalAction [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 ofMaryland

Notice ofFinalAction 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 ofMaryland, theAttorney General certifies that the following changes do not differ substantively from the proposed text. The nature ofthe 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 ofthe 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, JULY30,19991247 FINALACTION ON REGULATIONS



### .04Transportation Conformity

- Consultation in 

# Title 30 General: 

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

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

### teragency consultation, conflict**.resol.u~l~n,** 

### and**pu~llc** con­ 

# GENCY MEDICAL SE sultation with each other and 

### toith. divisional or regional of­ fices ofthe EPA, Federal HighwayAdministration (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 andmaintenance 

### 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 thatparty lS ldentl{ied as a 

### participating agency in this regulation.
.07Transportation Conformity

- Public Consulta­ tion Procedures. ofFinal ction A. 

### The MPOs shall: [98-251.F] (l) 

### [[establish]] Establish a 

### proactive public inoolue­ On July 12, 199 , new Regulations. 

### -.11 under 

### CO· mentprocess which provides reasonable opportunityfor re­ 

### MAR 30.08.07 ialty RefelTBl Ce r Designation view and comment before takingformal action on a 

### confor­ Criteria 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 of

### 23 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 ofthe**publ~c** 

### comment**peno~;** 

### and Effe iveDate: August 9, 1999. (3) Assess reasonable charges Ln'

### accordance wah the provisions of 49 

### 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

L'**~'ln** .. 

### 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: EnvironmentArticle, [TItle 2] §§1.101. 1-404,2·101

- 2·103,
2· 301-2·303.10-102,10.103,

Annotated Code ofMaryland

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 ofamending 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 beenrevised. In general, the transportationconfonnityrule 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 bemet 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 ofEconomic 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.
Opportunity for Public Comment 

# •

The Department of the Environment 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., 1stFloorAuditorium, 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 atthe 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 ora regionally significantproject

means the first time any ofthe following actions are neces­

# •

sary to authorize a project to occur:

. (a) Any policy board action necessary for the 

### project to proceed; (b) The issuance ofadministratiue permits for the project; (c) The execution ofa contract to construct the project; (d) Any final action ofa 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 systemsprocesses work together to 

### achieoe a commongoal or objective. (4) "Department"means the Depcrtrnerit of the 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, 19981333 PROPOSED ACTION ON REGULATIONS

(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 ofColumbia and Northern**~r~n~** .. . (9) Regional Planning Organization. (RPO).

(a) "Regionalplanningorganization"means an orga· nization. certified by the Governor as being responsible for the preparation ofair quality plans for a 

### nonattainment

area under §174 of the federal Clean AirAct. .--------._ (b) "Regional planning organization" may include elected offteials ofState and local governments in the af· fected nonattainment area, or representatives ofthe MDE, MDOT, and MPOs for the affected area. (c) "Regionalplanningorganization" is the'forum for

a cooperative decisionmakingprocess for air quality planning in the RPO's specific nonattainment area. [(3)](10)

- [(4)] (11) 

### (text unchanged) (12) "Statewide transportation improvement program (STIP)" means 

### a staged, multiyear, intermodal program of transportation projects couering the State, which is consistent with the Statewide transportation plan and metropolitan transportationplans, and developed under 23 CFR 450. (13) "Statewide transportation plan"means the official intermodal Statewide transportationplan that is developed through the Statewideplanningprocess 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 implementationplan that is either one ofthe types listed in section 108 ofthe CleanAir 

## & Act; or

. 

## (

# I. (ii) Any other measurefor the purpose ofreducing emissions or concentrations of airpollutantsfrom transportation sources by reducing vehicle use or changing traffic flow or congestion conditions. (b) "Transportation control measure"does not include vehicle technology-based, fuel-based, and maintena,:cebased measures which control the emissions from uehicles underfixed traffic conditions. (15) "Transportation Steering Committee ofBaltimore (TSC)" means the MPO for the Baltimore region, which in­ cludes Anne Arundel, Baltimore, Carroll, Harford, and Howard counties and the cities of Baltimore andAnnapolis. (16) "Wilmington Area Planning Council fWILMAPCOrmeans the MPO for New Castle County, Delaware and Cecil County, Maryland.


### .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 ofunderstanding) mutually established by and among the Maryland Department of the Environment. the Maryland Department ofTransportation. 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 with the procedures in this regulation gouer,ning interagency consultation, conflict resolution, andpublic consultation with each other and with dioisional or regional offices of Federal Transit Administration (FTA) on**t~** deuelopment of'

A. Control strategy implementationplan revisions; B. The list ofTCMs in applicable implementation plans; 

### C. The Unified Planning Work Program (UPWP) under 23 CFR §450.314;



### D. Transportationplans; E. Transportation improvement programs (TIPs); and F. Associated conformity determinations required by this chapter.


### .05 Transportation Conformity

- Interagency 

### ConsultationRequirements. A. Consultation. Process. (1) Representatives ofthe MPOs, RPOs, the Department, and MDOT shall undertake an interagency consultation process with the FHWA, FTA, and EPA, in accordance with this regulation andRegulations .06

- .08 ofthis chap.
ter on the development of' (a) UPWp, transportation plans, TIPs, any reuisions
to them, and associated conformity determinations; and (b) The SIPand revisions to the SIP. (2) The MPOs are the lead agencies responsiblefor pre­ paring an amendment, or revision ofthe UPWp, the trans­ portationplan, or the TIP andfor 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 transportationplan, or the Statewide TIp, and making con­ formity determinations. (4) The Department is the lead agency responsible for preparing revisions to the SIP and incorporating TCMs recommended by the MPOs andMDOT. (5) In the case ofmetropolitan 

### nonattainment and maintenance areas that have 

### a certifiedRPO, the RPO is the
agency responsibleforpreparing an airqualityplan andfor assuring the adequacy ofthe interagency consultation process with respect to the development of the proposed air quality plan, and any amendments or revisions to the plan.

B. When servingas lead agency, the MPO. ." RPOs, MDOT, and MDE haue the following responsibilities: (1) Initiating the applicable consultationprocess by 

### notifying 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 consultationprocess, andprovidingfinal documents and supporting information to each participating agency after approval or adoption; (2) Enabling regular consultation on major activities (such as the development ofa transportationplan, the devel­ opment ofa TIp, any determination ofconformity on transportationplans or TIPs, or the development of a SIP) including meetings beginning on 

### a date determined by the lead 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 oftechnical staffas necessary; (4) Conferring with all other agencies identified in §A of this regulation with an interest in the planningprocess, providing all information to those agencies neededfor meaningful input, soliciting early and continuing input from those agencies, before taking any action, considering the uiews of

MARYLAND REGISTER. VOL. 25, ISSUE 16 FRIDAY, JULY 31.1998 

# l1334 PROPOSED ACTION ON REGULATIONS



### _er

-t. 

### agency and responding to those views in 

### a timely, sub" ive written manner, and making the views and written ?nsepart ofthe record of any decision or action; (5) When not fulfilling the responsibilities ofa 

### lead
agency, reviewing and commenting as appropriate (includ: ing comments in writing) on all proposed decisions and ac­ tions in a 

### timely manner, attending consultation and deci­ sion meetings, providing input on any area ofsubstantive expertise or responsibility, and providing technical assistance to 

### the lead agency or to 

### the consultation process whet!.. requested.



### C. In addition to serving as lead agencypursuant to §A(2) of this regulation, the MPOs are responsible for: ­

(1) Developing or approving transportation and related socioeconomic data and local planning assumptions, or both, and providing data and assumptions for use in air quality analysis for SIP tracking and conformity oftransportationplans, TIPs, andprojects; (2) Providing transportation demandforecasting for development ofonroad mobile source emissions inventories by the Department and MDOT; (3) In cooperation with MDOT, evaluating potential TCMprojects and impacts; (4) In cooperation with MDOT, monitor regionally significantprojects to determine 

### a need for emissions modeling;

. (5) 

### In-'COOPeration withMDOT,providing technical and policy input into the development of emissions budgets; (6) In cooperation with MDOT, consulting with other MPOs on emissions analysis for transportation activities which cross the borders of the M1!'0s or nonattainment ar­ eas; (7) 

### In cooperation with MDOT, determining which .sportaiion.projects should be 

### considered "regionally sig:ant" for thepurpose of regional emission analysis (in ada££ion to those functionally classified as principal arterial 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 transportationplan or TIP; (8) In cooperation with MDOT, assuring thatplansfor construction of regionally significantprojects which are not FHWA or FTA funded or approved projects (including projects for which alternative locations, design concept and scope, or the no-build options are still being considered), including all plans by recipients of funds designated 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 plansare 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 TransitAct; (9) In cooperation with MDOT, designing, scheduling, andfunding 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 and choosing each model or models and associated methods and assumptions to be used in regional trans­ portation demand analysis, including vehicle miles traveled (YMT)forecasting; (11) 

### In cooperation with the Department and MDOT, 'uating whether projects otherwise exempted from meetthe requirements of40 CFR 127 

### should be treated as exempt in cases where potential adverse emissions im­ pacts may exist for any reason; (12) In cooperation with MDOT and the Department, making

### a determination as required by 40 CFR 113, 

### whether .­ past obstacles to 

### implementation ofTCMs that are behind the schedule established in the applicable implementation plan have been identified and are being overcome, and whether State and local agencies with influence over approvals orfundingfor TCMs are giving maximumpriority to approvals orfundingfor TCMs, and as part ofthis consultation, considering whether delays in TCM implementation necessitate revisions to the applicable implementation plan
to remove TCM or substitute TCMs or other emission reduction measures; (13) In cooperation with MDOT and the Department, determining whatforecast ofvehicle miles traveled (VMT) to use in establishing or tracking emissions budgets, developing transportation plans, TIPs, or control strategy implementationplan revisions, or making conformity determinations; (14) In cooperation with MDOT the Department, evalu­ 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 of projects 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 ofconformity; and

. (17) In cooperation with MDOT and the Department, • obtaining guidance on conformity and the transportation planning process for agencies involved in the interagency consultationprocess.



### D. In addition to serving as lead agencypursuant to 

### §A(3) of this regulation, MDOT is responsible for:

(1) Circulating draft andfinal environmental impact or assessment documents to 

### appropriate agencies; (2) Convening air quality technical review meetings on specificprojects as needed or when requested by otheragen­ cies; (3) In rural nonattainment areas and areas not in­ cluded in an MPO, assuring the proper completion oftrans­ portation modeling andregional emissions analyses and the documentation of timely implementation ofTCMs needed for conformity assessments; and (4) Representingjurisdictions 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 agencypursuant to §A(4) of this regulation, the Department is responsible for:

(1) Developing emissions inventories and budgets; (2) Tracking attainment ofair quality standards and emissionfactor 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 oehicle and roadway emission and dispersion charac### teristic~**w~ich** are .essentially

### ~dentical to those sites WhiCh. haue violations verified by monitoring

### and, therefore, require 

### quantitative PM10 hot-spot analysis;

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

### 1335 PROPOSED ACTION ON REGULATlONS

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

tests 

### and methodologies for isolated 

### ruralnonauoinment 

# (I and maintehance areas;

.. . (6) In cooperation withMDOT, evaluatingand choosing each model or models and associated methods and assump­ tions to be used in hot-spot analysis;

. (7) In cooperation with MDOT and MPOs, consulting with the EPA on 

### reoietaand approval ofupdated motor vehicle emissions factors, emission inventories, and budgets; (8) In cooperation with MDOT and MPOs"qbtaining guidance on conformity criteria andproceduresfor t7ie agencies involved in the interagency consultation process; and (9) In nonattainmeni areas where an RPO has been certi{i€d, cooperating with the RPO in the development ofemissions inventories 

### and budgets, and in the development ofre­ gional air qualityplans.
.06

### Transportation Conformity

- Conflict Resolution Associated with ConformityDeterminations. A. Unresolved conflicts among State agencies, or between 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 optionsfor resolvingthe conflict; (3) Describe the MPO's or agency's proposal to resolve the conflict; (4) Explain the consequences ofnot reaching a resolution; and (S) Request that comments on the matter be received within 2 weeks. 

## /(a B. If the action in §A of this regulation does not result in 

### a
.• resolution of the conflict, one of the following applies: (1) Ifthe conflict is between the MPOs or between the MPOs andMDOTthen the partiesshallfollow the coordinationprocedures of 23 CFR §4S0.210; (2) Ifthe conflid is between the MPOs or MDOT and the Department and the conflict cannot 

### be resolved by the affected agency heads: (a) The Secretary of the Environment may elevate the conflict to the Governor in accordance with the procedures of 

### §C ofthis regulation, or (b) Ifthe MDE Secretary does not appeal to the Governorwithin 

### 14days asprovided in 

### §Cof this regulation, the MPO or MDOT mayproceed with itsfinal conformity determination; (3) In the case ofinterstate nonattainment areas, ifthe conflict involves agencies outside of Maryland, and the conflict cannot be resolved by the affected agency heads, the conflict may be resolved in a manner mutually agreed to by the parties involved. 

### C. Appeals to the Governor by the Secretary ofthe Environment under the provisions of§B(2) ofthis regulation shall be in accordance with the following procedures: (1) The Secretary ofthe Environment has 14 calendar days to appeal to the Governor after the MPO or MDOT has notified Secretary ofthe 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 MDOTor MPO documentation.

. ' (b) The Department's comments on the determination, and (c) Any response by the MPOs or MDOT to the MDE' (S) The Department shall provide a complete appeai package to the MPO and MDOT within 

### 24 hoursfollowing the date on which 

### the appeal isfiled with the Gouernor's Office;(6) Ifthe Governor does not concur with the conformity determination, the Governor maydirect revision of the applicable implementationplan, revision ofthe plannedprogram of

projects, revision of the conformity analysis, or any combination of these; (7) Ifthe Governor concurs with the conformity

### determination madeby 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 staffofthe MDE orMDOT.

D. This regulation does notprevent the State**agenc~s** and MPOs from making efforts on their own initiative to obtain mutual conflict resolution thrpugh confe.reru:es or other appropriate means. 

### .07Tran.portation Conformity

- Public COlUultanonProcedure•. A The MPOs shall establish 

### a proactive public involvementprocess whichprovides reasonable opportunityfor review and comment before takingformal action on a conformity determination fer all transportation plans and TIPs, consistensuiith. the requirements of23 CFR §4S0.316(b).

B. Ifthe public disagrees with the MPO's decision about whether a project is regionally significant and whether it

was modeledproperly 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 alsoprovide an opportunityforpublic involvement in conformity determinationsfor projects when otherwise required by law.


### .08Transportation Conformity

- Interagency Con.ul· tationProcedure•• The MPOs, RPOs, MDOT, and the Department may enter into agreements to set forth specific consultationprocedures 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 ofthe agency's or
: MPO's resolution of the Department's comments; 

# t

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

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