TECHNICAL SUPPORT DOCUMENT

Department of the Environment 

Amendment to COMAR 26.11.26.05 

Transportation Conformity

Purpose of this Amendment 

The purpose of this amendment is to remove a subsection of a recently adopted transportation 

conformity regulation. The subsection being removed has been deemed not necessary by the 

U.S. Environmental Protection Agency (EPA). EPA requested that Maryland make this change 

to the regulation. 

This amendment will be submitted to the U.S. EPA as a revision to Maryland's State 

Implementation Plan. 

Background 

Section 176 of the Clean Air Act entitled "Limitations on certain Federal Assistance" ensures 

that federal funding, permits and approvals go to activities that are consistent with air quality 

goals expressed in the State Implementation Plan (SIP). These activities cannot produce new air 

quality violations, worsen existing violations, or delay timely attainment of national ambient air 

quality standards (NAAQS). Since the major application of this provision is transportation plans 

and projects, EPA promulgated rules specifically addressing the process for making this 

determination. These provisions apply in nonattainment and maintenance areas to ensure that 

public health is protected by early consideration of transportation decisions in areas with air 

quality challenges. 

In general, federal funds for transportation plans, programs and projects are passed to the states 

through metropolitan planning organizations (MPOs). The MPOs consist of local governments 

and the state Department of Transportation with other representatives as deemed necessary by 

the specific metropolitan area. The other representatives can include state Departments of

Planning and the Environment, transit authorities, etc. The Federal Highway Administration 

(FHWA) and the Federal Transit Administration (FTA) certify the MPOs and their planning 

processes including their ability to perform a regional analysis of the emissions expected from

the region’s transportation system. 

The original 1993 federal transportation conformity rule* established the criteria and procedures 

by which the FHWA, FTA, and MPOs determine the conformity of federally funded or approved 

highway and transit plans, programs, and projects to state air quality plans. The rule basically 

sets forth several options for determining whether a plan or project conforms. The rule requires 

that the agencies involved in developing the SIP and involved in developing the transportation 

plans consult with each other on the processes used to prepare these plans. The rule provides 

penalties for noncompliance with the rule. 

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Through consultation, the affected agencies have agreed that the test used in Maryland is the 

mobile source emissions budget test, which compares emissions generated by transportation 

plans to mobile source emission budgets established in the SIP. This test essentially caps 

emissions from the transportation system at a level that allows the nonattainment area to comply 

with federal air quality standards. Failure to meet this test can delay or stop the transportation 

planning process. 

Requirements 

None. Maryland is amending this regulation based on a request from EPA to remove a 

subsection dealing with PM2.5 hotspots that is not necessary in the regulation.

Agencies Affected by this Amendment 

None. The removal of this subsection of the regulation will not affect the agencies responsible 

for transportation conformity. 

Economic Impact on Affected Sources and the Department 

This amendment will not have an economic impact because it simply removes a subsection that 

is not relevant to the regulation. 

. 

Corresponding Federal Standard to this Proposed Amendment 

The federal transportation conformity regulation issued in November 1993* and amended 

several times, details the process for transportation agencies to demonstrate and ensure emission 

reductions from transportation sources of air pollution. Maryland's transportation conformity 

regulations merely incorporate the federal requirements. 

This amendment is not more restrictive than the federal requirements. 

* U.S. EPA, Criteria and Procedures for Determining Conformity to State or Federal Implementation Plans of Transportation

Plans, Programs, and Projects Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act, Title 40 C.F.R., Parts 51

and 93, November 24, 1993, as amended in August, 1995, November 1995, August 1997, July 1, 2004, May 6, 2005, March 10, 

2006 and July 17, 2006.

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