-. ~- .. 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 CFR Parts 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; 

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 of the 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 COMAR 26.11.26 is to provide a legal platform for the various 

consultation procedures that have been developed between the Maryland Department of the 

Environment (MDE), Maryland Department of Transportation (MDOT), Metropolitan 
Washington Air Quality Committee (MWAQC), and Metropolitan Planning Organizations 

(MPOs). Some definitions have also been revised. In general, the transportation conformity rule 

ensures that the continuous transportation planning process and the air quality planning process 

are consistent with each other so that federal air quality standards can be met as quickly as 

possible. Recent revisions to the federal rule to reduce the administrative complexity ofthe rule 

allow 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 Implementation Plan (SIP), and handle 

unique 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 respective 

process 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 ofUnderstanding (MOD) for each MPO was 

submitted for the consultation procedures. The SIP must be supported through a legally 

enforceable format. This rule provides a regulatory framework for the consultation procedures, 

developed through the MODs. The rule 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 apply to how the organizations conduct their planning process. Many of 

the involved planning organizations are multi-jurisdictional and multi-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.