N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 240-2.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 240-2.11 - Consultation process for regionally significant projects not from a conforming plan or tip

(a) In the event that any transportation project in a nonattainment or maintenance area not from a conforming plan or TIP is determined to be regionally significant pursuant to the provisions of section 240-2.8(b) and (k) of this Subpart, the conformity determination applicable to such project shall be made in accordance with Table 1 of 40 CFR 93.109(b) (see Table 1, section 200.9 of this Title), as applicable to projects not from a conforming plan or TIP.

(b) In the event that the conformity determination or regional emissions analysis for a regionally significant project not from a conforming MPO transportation plan or MPO TIP is made using inputs or assumptions different from those identified in section 240-2.8(a)(2), (3) and (4) of this Subpart, subdivision (c) of this section shall apply.

(c) If required by subdivision (b) of this section, NYSDOT, and other involved agencies making conformity determinations or regional emissions analyses, shall provide the department, prior to the issuance of a draft environmental document, an opportunity to review and comment on the air quality model inputs and parameters used in the regional emissions analysis, transportation model inputs and parameters associated with the project, and non-transportation inputs and parameters necessary to evaluate the air quality impacts and analysis of a regionally significant project not from a conforming MPO transportation plan or MPO TIP.

(d) The opportunity to review and comment provided for in this subdivision shall not extend beyond the issuance of a final environmental document issued pursuant to the SEQR or NEPA, whichever may be applicable.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 240-2.11