Md. Code Regs. 26.11.26.06

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.11.26.06 - Transportation Conformity - Conflict Resolution Associated with Conformity Determinations

A. Unresolved conflicts among State agencies, or between State agencies and the MPOs, or among the MPO member jurisdictions, shall be identified by an MPO or agency in writing to the other MPO, the Department, or MDOT, with copies to the FHWA, FTA, and EPA. The MPOs or agency's written notice shall:

(1) Explain the nature of the conflict;

(2) Review options for resolving the conflict;

(3) Describe the MPO's or agency's proposal to resolve the conflict;

(4) Explain the consequences of not reaching a resolution; and

(5) Request that comments on the matter be received within 2 weeks.

B. If the action in §A of this regulation does not result in a resolution of the conflict, one of the following applies:

(1) If the conflict is between the MPOs or between the MPOs and MDOT then the parties shall follow the coordination procedures of 23 CFR § 450.210;

(2) If the conflict is between the MPOs or MDOT and the Department and the conflict cannot be resolved by the affected agency heads:

(a) The Secretary of the Environment may elevate the conflict to the Governor in accordance with the procedures of §C of this regulation, or

(b) If the MDE Secretary does not appeal to the Governor within 14 days as provided in §C of this regulation, the MPO or MDOT may proceed with its final conformity determination;

(3) In the case of interstate nonattainment areas, if the conflict involves agencies outside of Maryland, and the conflict cannot be resolved by the affected agency heads, the conflict may be resolved in a manner mutually agreed to by the parties involved.

C. Appeals to the Governor by the Secretary of the Environment under the provisions of §B(2) of this regulation shall be in accordance with the following procedures:

(1) The Secretary of the Environment has 14 calendar days to appeal to the Governor after the MPO or MDOT has notified the Secretary of the MPO's or MDOT's resolution of the Department's comments;

(2) The notification to the Secretary shall be in writing and shall be hand-delivered;

(3) The 14-day appeal commences when MDOT or MPO has confirmed receipt by the Secretary of the agency's or MPO's resolution of the Department's comments;

(4) The appeal to the Governor shall contain:

(a) The conformity determination and any supporting documentation;

(b) The Department's comments on the determination; and

(c) Any response by the MPOs or MDOT to the MDE;

(5) The Department shall provide a complete appeal package to the MPO and MDOT within 24 hours following the date on which the appeal is filed with the Governor's Office;

(6) If the Governor does not concur with the conformity determination, the Governor may direct revision of the applicable implementation plan, revision of the planned program of projects, revision of the conformity analysis, or any combination of these;

(7) If the Governor concurs with the conformity determination made by the MPO and MDOT, the MPO and MDOT may proceed with the final conformity determination; and

(8) The Governor may delegate the Governor's role in this process, but not to the agency head or staff of the MDE or MDOT.

D. This regulation does not prevent the State agencies and MPOs from making efforts on their own initiative to obtain mutual conflict resolution through conferences or other appropriate means.

Md. Code Regs. 26.11.26.06