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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DEPARTMENT OF THE ENVIRONMENT PUBLIC HEARING RE: 

### * Air Quality Regulations Amendments to Regulations .02 and .03 COMAR 26.11.26 

### * Conformity 

### *
The above hearing was held on Wednesday, the 2nd day of September, 1998, commencing at 10:40 a.m., at the State Office Building, 300 West Preston Street, Auditorium, Baltimore, Maryland, before Dianna C. Kilgalen, RPR, Notary Public.

JIM WILKINSON, HEARING OFFICER.

Reported by: Dianna C. Kilgalen, RPR

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MR. WILKINSON: Good morning. On behalf of the Department of the Environment and the Air and Radiation Management Administration, I would like to welcome you to this public hearing. My name is Jim Wilkinson, and I'm a Planner for the Air and Radiation Management Administration. I will serve as Hearing Officer for today's hearing. I would like to ask all of you in attendance to please sign in if you haven't already done so. This will help to keep an accurate record of the people who participate in the hearing. Also, copies of the regulation proposal support documents and the Departmentrs statement are available on the table. The hearing concerns Air Quality Regulations found in the Code of Maryland Regulations, Title 26, Subtitle II, Air Quality. The Secretary of the Department proposes to amend Regulations .02 and .03 under COMAR 26.11.26, Conformity. The purpose of this hearing lS to glve you**t~e** opportunity to comment on the proposed action. The opportunity for public comment for this proposed act:icn

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 appeared in the Maryland Register, Volume 25, Issue 16,

on July 31st, 1998. The opportunity for public comment reads as follows. The Department of the Environment will hold a public hearing on the proposed amendments on September 2nd, 1998 at 10:30 a.m. at the Maryland State Office Building, 300 West Preston Street, First Floor Auditorium, Baltimore, Maryland, 21201. Interested persons are invited to attend and express their views. Written comments may be sent to Deborah Rabin, Regulations Coordinator, Air and Radiation Management Administration, Department of the Environment, 2500 Broening Highway, Baltimore, Maryland, 21224. Written comments must be received no later than September 2nd, 1998 or be submitted at the hearing. Copies of the proposed amendments and supporting documents are available for review at the following locations; the Air and Radiation Management Administration, 2500 Broening Highway, Baltimore, Maryland, 21224; regional offices of the Department in Cuwberland and Salisbury, all local air quality control 

# II ART .MUJ,ER Accurate&DependableReporters Tops 'n Turnercuna T,m2 LegalVideoSpecialists '-../&Associates lfT'medlate-Oally-Exped/ted Days -410-367-3838 corst:1.EPORTEP.S Eves. -410-367-38331 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 offices, and local health departments in those counties not having separate air quality control offices. The hearing will proceed in the following order; first, Ms. Diane Franks will make a statement on behalf of the Air and Radiation Management Administration. A hearing impaired person may request that an interpreter be present at the hearing by notifying the Department of the Environment, 5 working days in**ad~ance** of the hearing date at (410) 631-3009. For more information, call Deborah Rabin, Air 

### &Radiation Management Administration, (410) 631-3240. After Ms. Franks is finished, I will calIon anyone who has indicated on the sign-in sheet that they would like to make a statement. Seeing that no one is present at this hearing, I will ask Ms. Franks to enter the statement into the hearing record. (Statement of Diane Franks) MS.**FRfu~KS:** My name lS Diane Franks.

am Division Chief of the Air Quality Policy and Planning Division of the Air and Radiation Management 

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Administration, Department of the Environment. This public hearing is being held pursuant to the requirements of 40 CFR Parts 51.102 and 251, and Sections 2-301 et.seq of the Environment Article, Annotated Code of Maryland. It is also being held in conformance with the State Administrative Procedures Act under the State Government Article, beginning at Section ' 10-101. Notice of this hearing appeared in the Maryland Register on July 31, 1998, the Annapolis Capital on July 31, 1998, the Baltimore Sun on July 31, 1998, the Bel Air Aegis on July 29, 1998, the Cecil Whig

on July 31, 1998, the Federick News-Post on July 31, 1998, the Montgomery Journal on July 31, 1998, the Prince George's Journal on July 31, 1998, and the Queen Anne's Record Observer on July 31, 1998. Copies of the notices are being submitted for the record. Copies 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 of the proposed



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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 of today's hearing is to give the public an opportunity to comment on proposed amendments to the COMAR 26.11.26.02 and 26.11.26.03 Transportation Conformity. 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, Maryland Department of Transportation, Metropolitan Washington Air Quality Committee, and Metropolitan Planning organizations. 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 

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 revisions to the Federal rule to reduce the administrative complexity of the rule allow many decisions to be made through the interagency consultation process. The revisions to the COMAR 26.11.26 give state and local governments increased flexibility to set performance measures used to determine**confo~mity,** develop the State Implementation Plan, 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 of the Environment submitted Maryland's Transportation Conformity State Implementation Plan Revision. At that time, a separate Memoranda of Understanding for each MFO

was submitted for the consultation**procedu~es.** The SIP

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no comments have been made regarding this proposed action. This is the**CO~R** 26.11.26. Let the record reflect that it is now :0:45 a.m. and this hearing is officially concluded. (Hearing concluded at 10:45 a.m.)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14
15 16 17 18 19 20 21 CERTIFICATE OF**NOT.~Y** PUBLIC/REPORTER STATE OF MARYLAND COUNTY OF BALTIMORE I certify that on the 2nd day of September, 1998, the above-captioned hearing was stenographically recorded by me, and that the said proceedings were reduced to writing under my direction, and the foregoing is a true record of the aforementioned proceedings. I further certify that I am not attorney,

. relative nor employee of any party hereto, nor otherwise interested in the event of this case. In Witness Whereof, I hereunto set my hand and affix my Notarial Seal this 9th day of September, 1998.

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### t' ,'//(,/ j l,I; I ,Lt'_ ' -' 1\.-C - "r_'_'-f:-:

### r _", Dlanna C. Kllgalen Notary Public in and for the State of Maryland. My commission expires June I, 2001. 

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