<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06" citation="COMAR 26.11.26.06" title_num="26" subtitle_num="11" chapter_num="26" heading="Transportation Conformity — Conflict Resolution Associated with Conformity Determinations.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Explain the nature of the conflict;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Review options for resolving the conflict;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Describe the MPO's or agency's proposal to resolve the conflict;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Explain the consequences of not reaching a resolution; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Request that comments on the matter be received within 2 weeks.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>If the action in §A of this regulation does not result in a resolution of the conflict, one of the following applies:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the conflict is between the MPOs or MDOT and the Department and the conflict cannot be resolved by the affected agency heads:</text>
      <paragraph num="(a)">
        <text>The Secretary of the Environment may elevate the conflict to the Governor in accordance with the procedures of §C of this regulation, or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The notification to the Secretary shall be in writing and shall be hand-delivered;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The appeal to the Governor shall contain:</text>
      <paragraph num="(a)">
        <text>The conformity determination and any supporting documentation,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Department's comments on the determination, and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Any response by the MPOs or MDOT to the MDE;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>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</text>
    </paragraph>
    <paragraph num="(8)">
      <text>The Governor may delegate the Governor's role in this process, but not to the agency head or staff of the MDE or MDOT.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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.</text>
  </paragraph>
</regulation>