PUBLIC NOTICE

MARYLAND DEPARTMENT OF TRANSPORTATION

STATE HIGHWAY ADMINISTRATION

AVAILABILITY OF PROJECT-LEVEL PM2.5 CONFORMITY DETERMINATION

FOR THE I-270: I-70 TO MD 85 AUXILIARY LANE EXTENSION PROJECT

Notice is hereby given that the public is invited to comment on the project-level PM2.5 conformity determination for the I-270: I-70 to MD 85 Auxiliary Lane Extension project, prepared by the Maryland Department of Transportation, State Highway Administration (SHA) and the US Department of Transportation, Federal Highway Administration (FHWA). Comments on the project-level PM2.5 conformity determination must be received by 5:00 pm on October 22, 2006, to ensure consideration by SHA and FHWA.

The SHA proposes to construct an extension of an auxiliary lane on I-270 from I-70 to MD 85 to increase the weave length for trucks and provide additional safety for vehicles. This project is located in Frederick County, MD. The Washington, DC-MD-VA region was designated a non-attainment area for PM2.5 on January 5, 2005 by the U.S. Environmental Protection Agency (EPA). The EPA issued standards and guidelines for project-level PM2.5 conformity determinations for transportation projects, as published in the Federal Register on March 10, 2006. Conformity for the PM2.5 standards applied on April 5, 2006. Conformity determinations are required under the Clean Air Act to ensure that federally supported highway projects are consistent with (“conform to”) the purpose of the state air quality implementation plan (SIP). Conformity to the purpose of the SIP means that the transportation activity will not cause new air quality violations, worsen existing violations, or delay timely attainment of the relevant national ambient air quality standards (NAAQS). The I-270: I-70 to MD 85 Auxiliary Lane Extension project PM2.5 conformity analysis shows that construction of the auxiliary lane extension will not cause or contribute to a new violation of the PM2.5 NAAQS or increase the frequency or severity of a violation. The project has been found not to be of air quality concern under 40 CFR 93.123(b)(1).

A copy of the I-270: I-70 to MD 85 PM2.5 project level conformity determination is attached to this notice for review and comment. A copy may also be obtained by calling and making a request toll-free 1-866-462-0020, or by visiting the following government offices during normal business hours:

Maryland State Highway

Administration

Project Planning Division

707 North Calvert Street

Baltimore, MD 21202

(410) 545-8501

Questions or comments on the I-270: I-70 to MD 85 project-level PM2.5 conformity determination may be submitted during the review period by mail to the Project Manager, Mr. John C. Jenkins, at Mail Stop C-102, Highway Design Division, State Highway Administration, 707 North Calvert Street, Baltimore, Maryland 21202, or by email to .

PM2.5 PROJECT-LEVEL CONFORMITY DETERMINATION
I-270: I-70 TO MD 85
AUXILIARY LANE EXTENSION

FREDERICK COUNTY

MARYLAND

PREPARED BY:

MARYLAND DEPARTMENT OF TRANSPORTATION

STATE HIGHWAY ADMINISTRATION

US DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

October 3, 2006
The I-270/I-70/MD85 study area, is located in Frederick County, Maryland, near the city of Frederick. This section of I-270 is the primary north-south roadway in the area and connects to I-70 at the west end of the study area. The Build Alternative would include the construction of an extension of an auxiliary lane on I-270 from I-70 to MD 85. The purpose of this project is to increase the weave length for trucks, thereby providing additional safety for vehicles. Frederick County, Maryland is in the Washington, DC-MD-VA nonattainment areas for ozone and fine particulate matter (PM2.5).

Based on review and analysis, it is determined that the I-270: I-70 to MD 85 Auxiliary Lane Extension project meets the Clean Air Act and 40 CFR 93.109 requirements. These requirements are met for particulate matter without a project-level hot-spot analysis, since the project has not been found to be a project of air quality concern as defined under 40 CFR 93.123(b)(1). Since the project meets the Clean Air Act and 40 CFR 93.109 requirements, the project will not cause or contribute to a new violation of the PM2.5 National Ambient Air Quality Standards (NAAQS), or increase the frequency or severity of a violation for the following reasons:

·  The I-270: I-70/MD 85 project does not meet the criteria set forth in 40 CFR 93.123(b)(1), as amended, to be considered a project of air quality concern primarily because the project is an existing interchange reconfiguration project that involves lanes and movements that are not physically separated.

The project is an interchange reconfiguration project that is designed to increase safety and improve traffic flow by extending the auxiliary lane’s weave length. In accordance with FHWA guidance, “40 CFR 93.123(b)(1)(i) should be interpreted as applying only to projects that would involve a significant increase in the number of diesel transit busses and diesel trucks on the facility”. This project does not increase the capacity of I-270; therefore, the No-build and Build volumes and truck percentages are expected to be equal.

·  Section 176(c) of the Clean Air Act and the federal conformity rule require that transportation plans and programs conform to the intent of the state air quality implementation plan (SIP) through a regional emissions analysis in PM2.5 nonattainment areas. The National Capital Region 2005 Constrained Long Rang Transportation Plan (CLRP) and the 2006-2011 Transportation Improvement Program (TIP)[1] have been determined to conform to the intent of the SIP. The US Department of Transportation made a PM2.5 conformity determination on the CLRP and the TIP on February 21, 2006, and thus there is a currently conforming transportation plan and TIP in accordance with 40 CFR 93.114. The current conformity determination is consistent with the final conformity rule found in 40 CFR Parts 51 and 93. The I-270/US 15 Corridor (Shady Grove Metro to I-70) project is listed as Project ID:M12S in the referenced regional air quality determination. Notwithstanding the above, in accordance with 40CFR93.127 interchange reconfiguration projects, such as the I-270: I-70/MD 85 Auxiliary Lane Extension, are exempt from regional emissions analysis requirements.

·  On October 3, 2006 the US Environmental Protection Agency (EPA), the Maryland Department of the Environment (MDE), and the Federal Highway Administration (FHWA) agreed that the I-270: I-70/MD 85 Auxiliary Lane Extension project is not a project of air quality concern as defined in 40 CFR 93.123(b)(1), and therefore, a project level hot-spot analysis is not required. The agencies also agreed to post the public notice on SHA’s website for a 15 day pubic review and comment period.

[1] AIR QUALITY CONFORMITY DETERMINATION OF THE 2005 CONSTRAINED LONG RANGE PLAN AND THE FY2006-2011 TRANSPORTATION IMPROVEMENT PROGRAM FOR THE WASHINGTON METROPOLITAN REGION, October 19, 2005