My name is Diane Franks. I am Division Chief ofthe Air Quality Policy and Planning

Division ofthe Air and Radiation Management Administration, Department ofthe Environment.

This public hearing is being held pursuant to the requirements of 40 CFR Parts 51.102

and 251, and Sections 2-301 et.seq. ofthe Environment Article, Annotated Code of Maryland. Itis also biug held in conformance with the State Administrative Procedures Act under the State

Government Article, beginning at Section 10-101.

Notice ofthis hearing appeared in the:

Maryland Register on July 31, 1998;Annapolis Capital on July 31, 19998;Baltimore Sun on July 31, 1998;Bel Air Aegis on July 29, 1998;Frederick News-Post on July 31, 1998;

Queen Anne County Recorder on July 31, 1998;Cecil Whig on July 31, 1998; and the

Montgomery and Prince George’s Journals on July 31, 1998;

Copies of these notices were submitted for the record.

€opies ofthe proposed amendments and supporting documents were submitted for

review to the State Clearinghouse and are also submitted at this time into the hearing record.

Copies ofthe proposed amendments and supporting documents were made available-for public

inspection at the Air and Radiation Management Administration offices in Baltimore,Cumberland, and Salisbury, and at all local health departments or local air quality control offices.

The purpose oftoday’s hearing is to give the public an opportunity to comment on

proposed amendments to COMAR 26.11.26.02 and 26.11.26.03 Transportation Conformity.

Summary

The purpose of amending COM.AR 26.11.26 is to provide a legal platform for the various

consultation procedures that have been developed between the Maryland Department oftheEnvironment (MDE), Maryland Department of Transportation (MDOT), Metropolitan
measures used to determine conformity, develop the State Implementation Plan (SIP), and handleunique planning situations in a manner beneficial to the environment and economic development.

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 respectiveprocess 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 of Understanding (MOU) for each MPO was

submitted for the consultation procedures. The SIP must be supported through a legallyenforceable format. This rule provides a regulatory framework for the consultation procedures,

developed through the MOUs. The rule is very general defining the roles and responsibilities ofthe affected parties and does not replace the MOUs. The MOUs 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 mtlti-state. A greater degree of

flexibility is needed for a smooth planning process. The regulation provides the legal ( underpinning for the process.Consideration of Comments

The Department will consider all comments before making a decision to adopt these

amendments.

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