N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 240-2.6

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

Section 240-2.6 - Consultation obligations and procedures

(a) In addition to any other responsibilities imposed by this section, the following general duties shall also apply:

(1) The department shall:

(i) cooperatively develop, with NYSDOT and the affected MPOs, a list of TCMs for potential inclusion in the applicable SIP revision in accordance with section 240-2.7 of this Subpart;

(ii) consult with NYSDOT and affected MPOs on the air quality parameters used to make conformity determinations to ensure that such parameters are consistent with air quality modeling performed for applicable SIP revision purposes;

(iii) consult with NYSDOT and affected MPOs with respect to the traffic data and parameters used for emissions forecasting and determining conformity of transportation plans and TIPs;

(iv) provide guidance, expertise, and assistance to other involved agencies on applicable SIP revision related issues which impact conformity determinations; and

(v) convene, as necessary, meetings among technical staff of participating agencies for purposes of consulting on air quality analysis procedures.

(2) NYSDOT shall:

(i) coordinate the review of MPO draft transportation plans and MPO draft TIP conformity determinations provided by affected MPOs and administer the formal submittal of the MPO transportation plan and MPO TIP conformity determinations to FHWA/FTA;

(ii) coordinate the review of the program of transportation projects in nonattainment or maintenance areas outside MPO boundaries and administer the formal submittal of the conformity analysis to FHWA/FTA;

(iii) review, in consultation with the department, emission estimation procedures and traffic data and parameters employed by affected MPOs in making conformity determinations for consistency with the applicable SIP revision;

(iv) cooperatively develop, with the department and affected MPOs, a list of TCMs for potential inclusion in the applicable SIP revision in accordance with subdivision (g) of this section;

(v) develop a public involvement process which provides opportunity for public review and comment on conformity determinations for transportation programs for which NYSDOT is making a conformity determination in accordance with 23 CFR 450.212 (see Table 1, section 200.9 of this Title);

(vi) provide guidance, expertise, and assistance to affected MPOs and local transportation agencies making conformity determinations;

(vii) in cooperation with affected MPOs, provide transportation data and transportation related parameters to the department for calculation of mobile source emissions for applicable SIP revisions;

(viii) maintain the list of all conformity contacts, including necessary updates submitted pursuant to section 240-2.4 of this Subpart;

(ix) convene, as necessary, meetings among appropriate staff to facilitate review under this section; and

(x) coordinate, as necessary, the processes outlined in subdivision (b) of this section.

(3) The affected MPOs shall:

(i) develop metropolitan area transportation plan and TIP conformity determinations;

(ii) develop a public involvement process which provides opportunity for public review and comment on conformity determinations for MPO transportation plans and MPO TIPs;

(iii) cooperatively develop, with NYSDOT and the department, a list of TCMs for potential inclusion in the applicable SIP revision in accordance with section 240-2.7 of this Subpart;

(iv) document consideration of all significant comments received from involved agencies with respect to conformity determinations for MPO transportation plans and MPO TIPs;

(v) in consultation with NYSDOT and the department, involve local transportation planning and local air agencies as required by this section; and

(vi) in consultation with NYSDOT, the department, EPA, FHWA and FTA, provide the proposed list of exempt and non-exempt projects, proposed list of regionally significant projects and pertinent supporting documentation as required in section 240-2.5(a)(1) of this Subpart in an agreed upon format.

(b) Consultation procedures.

(1) In order to meet the consultation obligations in subdivision (a) of this section, involved agencies shall establish a meeting schedule at the beginning of each calendar year. This schedule should establish an agreed upon minimum number of meetings to accomplish anticipated consultation in that calendar year. When applicable, involved agencies can adjust scheduled dates to ensure that their respective agency is represented.

(2) Each involved agency may request special meetings, in addition to those scheduled in paragraph (1) of this subdivision, subject to the availability and approval of all the other involved agencies.

(3) Meetings may be convened via teleconference, webinar, in person or in any other acceptable manner determined through consultation with all involved agencies.

(4) Each conformity contact on the list maintained by NYSDOT pursuant to subparagraph (a)(2)(viii) of this section shall receive a reminder notice of each scheduled meeting.

(5) Each involved agency shall retain records used in the consultation process in accordance with their respective records retention policy.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 240-2.6