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### .. Statement of the Air and Radiation Man.mentAmm.istration Department of the Environment for the Public Hearing Relating to COMAR 26.11.26.02 

### and 26.11.26.03 

### TRANSPORTATION CONFORMITY held on September 2,1998 in Baltimore, MD
My name is Diane Franks. I am Division ChiefoftheAir Quality Policy and Planning Division ofthe 

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

This public hearing is being held pursuant to the requirements of40 CFRParts 51.102 and 251, and Sections 2-301 et.seq. ofthe Environment Article, Annotated Code ofMaryland. It is also bJting 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; FrederickNews-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 ofthese notices were submitted for the record. €opiesofthe 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 ofamending COMAR 26.11.26 is to provide a legal platform for the various consultation procedures that have been developed between the Maryland Department ofthe Environment (MDE), Maryland Department ofTransportation (MDOT), MetropolitanWashington 

### Air Quality Committee (MWAQC), and Metropolitan Planning Organizations (MPOs). Some definitions have also been revised. 

### In general, the transportation conformityrule
ensures that the continuous transportation planningprocess and the air quality planning process are consistent with each other so that federal air quality standards can be met as quickly as possible. Recentrevisions to the federal rule to reduce the administrative complexity ofthe rule allow many decisions to be made through the interagency consultationprocess. 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 mannerbeneficial to the environment and economic development.

The transportation conformityrule, 40 CFR Section 93.105, requires thatthe state' implementationplan address how the principal agencies involved in the continuing transportation planningprocess 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 ofthe Environment submittedMaryland's Transportation Conformity State Implementation Plan (SIP) Revision. At thattime a separate Memoranda ofUnderstanding (MOD) for each MPO was submitted for the consultationprocedures. The SIP mustbe supported through a legally enforceable format. This rule provides a regulatory framework for the consultationprocedures, developed through the MODs. Therule is very general defining the roles and responsibilities of the affected parties and does not replace the MODs. The MODs describe the process in greater detail and specifically applyto how the organizations conduct their planning process. Manyof the involved planning organizations are multi-jurisdictional and multi-state. A greater degree of flexibility is needed for a smoothplanning process. Theregulationprovides the legal underpinning for the process.
Consideration ofComments

The Departmentwill consider all comments before making a decision to adopt these amendments.