S tateme nt o ftb e Air and Radiation Managem ent Admini:'IInli io n DepartmnT oflbe Env i ronment for tb e Public Htaring R elalin g to Propo.rd Amendm ent

. to Rt gulation••01

_ ,05 and

. 07 -.09 undtr COMAR 26,11.26 C onformlry and Conformlry SIP Rtvlslon



### beld on Dec ember 14 , 2006 <lmore , MD
My name is Jim Wilkinson. I am a N atural Resources Planner within Ihe Planning Program of the Air and Radiation M anagement Administration, Department oflhe Environment.
This public hearing is being held pursuant 

### to the requirements of 40 CF R Section 51.102 and Sections 2-301 et.seq. oflhe Environme nt Article, Annotated Code of Maryland. It is also being 

### held i n conformance with the State Adminis trative Procedures Act under the State Gove rnment Artic le, beginning at Section 10-101.
Notice o f this hearing appeared in the: 

### Maryland Regist er on November 13 , 2006; Baltimore Sun on November 13 , 2006; Saiot :\1ary ' s Enterprise on November 10, 2006 ; Cumberland TimH

- Nr w s on N o vember 13 , 2006 ; Frederick News- PoS! 00**NO~ mbtr**  

### 13 , 2006 ; Salisbu ry Daily Times on Nonmber 13, 2006 ; and th e Washington PoS! on November!J , 2006. Copies of these notices were submined for the record and will be submined with the formal SIP submission package to the USEPA.
Access to the proposed documents was made available on the Maryland D epanment o f lhe Environment websile al http: //www .mde.state.md.usiAbouIMDE!ruconunents.asp. Copies ofthe proposed amendments, SIP revision, and suppo«ing documents were submined for review 

### to the State Clearinghouse and arc also submitted althis lime into the hearing record. Copies of the proposed amendments, SIP revision, and supporting documents w e re made available for public inspe<:lion at the Air and Radiation Manageme nt 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 pub lic an opportunity to comment on the proposed amendme nts to Regulations .01

- .OS and ,07

- .09 under COMA R 26.11 ,26, an d t he Co nfonnity SIP**~vision.**Summary of th e Prop ose d**Am~ndmeDts** and Conformity SIP
The purpose of the proposed amendments is to update the citations to the federal conformity regulations to reflect all amendments that have occurred since that last set of Maryland amendments to COMAR 26.11.26. These include transportation conformity regulations for the new a-hour ozone and fine particulate ( PM2.5 ) national ambient air quality standards (NAAQS); incorporations of existing federal guidance that is consistent "ith a U.S Coun of Appeals decision; and streamlining and improvement of the existing federal transponation confonnity 

### mil'. Copies of the proposed amendments, SIP revision, and supponing documents will be submitted "ith the formal SIP submission package to the USEPA.
The conformity SIP revision fonnally revises the Maryland Transportation Conformity State Implementation Plan (SIP 03-02) to reflect changes in the confonnity process that have resulted from the enactment of SAFETEA-LU (Safe , Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU) and the designation of Washington County by the EPA as a nonattainment area for fine particulate maner (PM2.5). The Hagerstown! Eastern Panhandle (HEP) Metropolitan Planning Organization (MPO) 

### to the list of affected Metropolitan Planning Organizations (MPOs) to ensure that consultation procedures are followed in Washington County. 8l1ckground Traru;portatinn conformity ("conformity") is a provision of the Clean Air Act that ensures that Federal funding and approval goes 

### to those transportation activities that are consistent "ith air quality goals. C onformity applies to transportation plans and projects funded or approved by the Federal Highway Administration ( FHWA ) or the Federal Transit Administration (FTA) in areas that do not meet or previously have not met air quality standards for ozone, carbon monoxide, particulate maner, or nitrogen dioxide.


### New Washington Counfy Requiremems On December 17,2004, EPA issued final nonattainment designations for fine paniculatcs ( PM2.5). Washington County, Maryland b«ame a PM2.S nonattainment area. New transportation plans and projects there "ill now require a conformity determination to receive federal approval and funding. 

### Amendmem Requirements The amendment includes the Washington County MPO 

### in the consultation process and requires a conformity determination on transportation plans, programs and projects in that Count)" before receiving approval from the Federal Highway Administration and the Federal Transit Administration. These amendments also reflect EPA's final rule ofMarch 10, 2006 requiring that cenain transponation projects 

### be analyzed for PM2.5 hotspots.



### 2

### CO NSIDERATIO N OF C OM !\ IE iliTS
The Ikpartment ",ill consider all comments before making a dedsion to adopt these amendments and revise the proposed plan if necessary, before makin g a final submission to the U.S. Environmental ?rotection Agency. Wrinen comments may be presented at this hearing or submitted to Ikborah Rabin or Jim Wilkinson, MOE ARMA, 1800 Washington Boulevard, Baltimore MD 21230 before close of business on Dttember 14,2006.

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