TNSPORTATION CONFO

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 oftheEnvironment (MDE), Maryland Department ofTransportation (MDOT), Metropolitan Washington AirQuality Committee (MWAQC), and Metropolitan Planning Organizations (MPOs). Some definitions

have also been revised. In general, the transportation conformity rule ensures that the continuoustransportation planning process and the air quality planning process are consistent with each other sothat 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

C 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 (MDE), the Maryland

Department ofTransportation (MDOT), 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 nonattaimnent area but not included in an MPO.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 of the Environment submittedMaryland’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 legally enforceable format. This rule provides aregulatory framework for the consultation procedures, developed through the MOUs. The rule is very

1
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 conformityrequirements 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 beincorporated 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 throughquantitative analysis that transportation system improvements do not increase emissions above thelimits allowed in the SIP.

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

C

“Together We Can Clean Up”

TTD FOR THE DEAF (410) 631-3009 2 Recycled Paper