N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 240-2.8

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

Section 240-2.8 - Specific procedures

(a) Model evaluation and selection:

(1) NYSDOT shall consult with involved agencies to select the air quality model inputs and parameters to use for MPO transportation plan and TIP conformity determinations;

(2) NYSDOT shall consult with the department, USDOT, and EPA to select the air quality models and parameters to use for regionally significant project conformity determinations and hot spot analyses;

(3) affected MPOs and NYSDOT shall develop procedures for transportation models and transportation inputs and parameters in consultation with the department, affected local air and transportation agencies, USDOT, and EPA; and

(4) the department shall select air quality models and develop non-transportation related inputs and parameters used to develop the emissions budget in the applicable SIP revision during the SIP revision process in consultation with involved agencies.

(b) Regional significance and significant project changes. The affected MPOs and NYSDOT shall, in consultation with the department, determine which transportation projects, other than exempt projects, constitute regionally significant projects. Where the regional significance of a project is in question, the following criteria shall be considered by the involved agencies to evaluate whether the project is regionally significant:

(1) The following list includes, but is not limited to, thresholds which shall be used to foster concurrence between MPOs, the department and NYSDOT as to whether the subject project constitutes a regionally significant project:

(i) highway/roadway projects:

(a) new construction on new alignment of roadways classified as principal arterial or higher, one mile or longer;

(b) widening of principal arterials or higher class roads to provide additional through-traffic lanes one mile or longer in total;

(c) widening of roadways classified as principal arterial or higher to provide a new continuous turn lane, two miles or longer, or affecting five or more signalized intersections;

(d) widening or reallocation of lane use by high occupancy vehicles (HOVs) or as a high occupancy toll (HOT) lane on roadways classified as principal arterials or higher, one mile or longer;

(e) additional grade-separated ramps or new interchanges on roadways classified as principal arterials or higher; and

(f) widening or changes, as indicated above in clauses (a) through (e) of this subparagraph, to any roadway determined by the MPO to serve regional transportation needs (e.g., minor arterial or higher classification), and included in the MPO's regional transportation forecasting model. If a regional transportation forecasting model is not used, widening or changes, as indicated above in clauses (a) through (e) of this subparagraph, on any roadway that has been determined by the MPO or NYSDOT, through the interagency consultation process, to serve regional transportation needs.

(ii) traffic signalization projects:

(a) coordination or upgrade of signal systems on roadways classified as principal arterials or higher, encompassing at least 10 signalized intersections and at least 2.5 miles of highway;

(b) coordination and upgrade of traffic signal systems on facilities indicated in clause (i)(f) of this paragraph for highways or roadways, encompassing at least 10 signalized intersections and at least 2.5 miles of highway;

(iii) transit/rail projects:

(a) new passenger rail or bus service and extensions of existing service, five miles or longer, including new rail stations and new or expanded rail/bus connections to provide new regional transit service;

(b) purchase of additional (not replacement) rolling stock to support increased frequency and higher ridership;

(c) new or expanded exclusive park-and-ride facilities resulting in at least 100 new parking spaces;

(iv) other projects:

(a) automated toll collection facilities (electronic toll and traffic management or automatic vehicle identification) with impacts on regional travel;

(b) transportation system improvements using intelligent transportation system (ITS) technologies that affect regional travel on a daily or routinely recurring interval;

(v) air quality or emissions impact. Any transportation project that the commissioner of the department identifies, after consultation with NYSDOT and the affected MPO, as having the potential to affect air quality on a regional basis.

(2) Affected MPOs and NYSDOT shall, in consultation with the department, determine which minor arterials and transit projects, if any, have the principal purpose of serving regional transportation needs. Such minor arterials and transportation projects shall be included in the regional emissions analysis as required in this Part.

(3) The MPO shall, in consultation with the department and NYSDOT, determine which projects, based on information provided by the project sponsor, have undergone a significant change in design concept and scope from the MPO transportation plan and MPO TIP.

(4) NYSDOT shall, in consultation with the appropriate affected local transportation and air agencies, make the determinations required under paragraphs (1)-(3) of this subdivision for arterials and projects in nonattainment and maintenance areas outside MPO boundaries.

(5) In the event that the department, NYSDOT, and the affected MPOs cannot reach agreement as to which projects are regionally significant, the matter shall be resolved in accordance with the procedures in section 240-2.9 of this Subpart.

(c) Procedures for the evaluation of certain exempt projects.

(1) The affected MPOs and NYSDOT shall, in consultation with the department, determine which exempt projects under 40 CFR 93.126 (see Table 1, section 200.9 of this Title) and 40 CFR 93.127 (see Table 1, section 200.9 of this Title) should be treated as non-exempt due to significant emissions impacts.

(2) NYSDOT shall, in consultation with the department and affected local air and transportation agencies, make the determination required under paragraph (1) of this subdivision for projects in nonattainment and maintenance areas outside MPO boundaries.

(d) Timely TCM implementation.

(1) NYSDOT, the department, and the affected MPOs shall cooperatively determine:

(i) whether TCMs specifically identified in the applicable SIP revision are being implemented as scheduled;

(ii) whether State and local agencies with the appropriate authority are giving maximum priority, consistent with 40 CFR 93.113 (see Table 1, section 200.9 of this Title), to approving or funding of TCMs specifically identified in the applicable SIP revision; and

(iii) whether delays in implementing TCMs specifically identified in the applicable SIP necessitate revision of the SIP.

(e) Procedures for projects in PM₁₀ and/or PM_2.5 nonattainment area.

(1) The lead conformity agency shall determine through interagency consultation if projects located in PM₁₀ and/or PM_2.5 nonattainment areas require a quantitative PM₁₀ and/or PM_2.5 hot-spot analysis in accordance with 40 CFR 93.123(b)(1) (see Table 1, section 200.9 of this Title).

(f) Procedures for notification of MPO transportation plan or MPO TIP amendments adding or deleting only exempt projects.

(1) Each affected MPO shall determine, in consultation with NYSDOT, whether MPO TIP or MPO transportation plan amendments solely concern the addition or deletion of exempt projects listed in 40 CFR 93.126 (see Table 1, section 200.9 of this Title) and 40 CFR 93.127 (see Table 1, section 200.9 of this Title).

(2) NYSDOT shall make the determination required under paragraph (1) of this subdivision for projects outside MPO boundaries in nonattainment or maintenance areas.

(3) The department, NYSDOT, USDOT, EPA and, as appropriate, affected local air and transportation agencies, shall be notified in writing of any determinations made pursuant to this subdivision within 30 days of such determination.

(g) Procedures for events triggering new conformity determinations. NYSDOT shall, in consultation with the department and affected MPOs, identify instances when new conformity determinations are required, in addition to those determinations required by 40 CFR 93.104 (see Table 1, section 200.9 of this Title).

(h) Procedures for transportation activities crossing MPO or nonattainment areas boundaries. NYSDOT, in consultation with the department and affected MPOs, shall coordinate emissions analyses where a non-exempt transportation project crosses the border of nonattainment or maintenance areas or MPO boundaries.

(i) Nonattainment or maintenance areas not entirely included in a single MPO boundary.

(1) NYSDOT shall make, in accordance with the provisions of this Part, air quality analyses in nonattainment or maintenance areas that do not include any MPO boundaries.

(2) NYSDOT shall make, in accordance with the provisions of this Part, air quality analyses in nonattainment or maintenance areas which are not entirely included in MPO boundaries. The results of any regional emissions analysis outside the MPO boundary shall be coupled with the MPO analysis for the remainder of the nonattainment or maintenance area, as appropriate, to allow a conformity determination based on the entire nonattainment or maintenance area.

(3) If more than one MPO is within the same nonattainment or maintenance area, NYSDOT shall coordinate the conformity determinations, in accordance with the provisions of this Subpart.

(j) Isolated rural nonattainment or maintenance areas. In isolated rural nonattainment and maintenance areas, NYSDOT shall coordinate, in accordance with the provisions of this section, the preparation of conformity determinations and air quality analysis. As required by 40 CFR 93.109(l) (see Table 1, section 200.9 of this Title), the conformity analysis to be used must be determined through consultation with all involved agencies.

(k) Consideration of regionally significant projects that are not FHWA/FTA projects.

(1) The affected MPOs and NYSDOT, as appropriate, shall work with the department to identify regionally significant projects that are not FHWA/FTA projects so that proper project information is included in the regional emissions analysis. The MPO shall solicit the necessary information from agencies that are recipients of Federal funding under title 23 U.S.C. or the Federal Transit Act for any regionally significant projects, regardless of the project funding source, in conjunction with MPO transportation plan and MPO TIP updates. In non-attainment and maintenance areas outside of MPO boundaries, NYSDOT shall solicit such information.

(2) If during the public participation process, or interagency consultation process, other regionally significant projects are identified, or there are changes in the design concept and scope of a regionally significant project that would affect the air quality analysis, the NYSDOT or affected MPO shall appropriately refine the conformity analysis in accordance with the provisions of this section.

(l) Criteria and procedures: Localized CO, PM₁₀, and PM_2.5 violations (hot-spots).

(1) The FHWA/FTA or regionally significant project must not cause or contribute to any new localized CO, PM₁₀, and/or PM_2.5 violations, increase the frequency or severity of any existing CO, PM₁₀, and/or PM_2.5 violations, or delay timely attainment of any NAAQS or any required interim emission reductions or other milestones in CO, PM₁₀, and PM_2.5 nonattainment and maintenance areas. This criterion is satisfied without a hot-spot analysis in PM₁₀, and PM_2.5 nonattainment and maintenance areas for FHWA/FTA or regionally significant projects that are not identified in 40 CFR 93.123(b)(1) (see Table 1, section 200.9 of this Title). This criterion is satisfied for all other FHWA/FTA or regionally significant projects in CO, PM₁₀, and PM_2.5 nonattainment and maintenance areas if it is demonstrated that during the time frame of the transportation plan no new local violations will be created and the severity or number of existing violations will not be increased as a result of the project and the project has been included in a regional emissions analysis that meets applicable requirements in 40 CFR sections 93.118 and/or 93.119 (see Table 1, section 200.9 of this Title). The demonstration must be performed according to the consultation requirements in section 242-2.8 of this Part and the methodology requirements of 40 CFR 93.123 (see Table 1, section 200.9 of this Title).

(2) This paragraph applies for CO nonattainment areas as described in 40 CFR 93.109(f)(1) (see Table 1, section 200.9 of this Title). Each FHWA/FTA or regionally significant project must eliminate or reduce the severity and number of localized CO violations in the area substantially affected by the project. This criterion is satisfied with respect to existing localized CO violations if it is demonstrated that during the time frame of the transportation plan (or regional emissions analysis) existing localized CO violations will be eliminated or reduced in severity and number as a result of the project. The demonstration must be performed according to the consultation requirements of section 242-2.8 of this Part and the methodology requirements of 40 CFR 93.123 (see Table 1, section 200.9 of this Title).

(m) Criteria and procedures. Compliance with PM₁₀ and PM_2.5 control measures. The regionally significant project must comply with any PM₁₀ and PM_2.5 control measures in the applicable implementation plan. The project-level conformity determination must contain a written commitment from the project sponsor to include in the final plans, specifications, and estimates for the project those control measures (for the purpose of limiting PM₁₀ and PM_2.5 emissions from the construction activities and/or normal use and operation associated with the project) that are contained in the applicable implementation plan.

(n) Research and data collection and transportation model development. The affected MPOs shall consult with NYSDOT, the department, and affected local air and transportation agencies before formally adopting initiatives related to research and data collection efforts in support of regional transportation model development.

(o) Provision of final documents.

(1) The affected MPOs shall provide a final copy of the MPO transportation plans, MPO TIPs and associated MPO transportation plan and MPO TIP conformity determinations with pertinent supporting materials to involved agencies.

(2) NYSDOT shall provide a final copy of program of transportation projects conformity determinations with pertinent supporting materials for nonattainment or maintenance areas outside MPO boundaries to the involved agencies.

(3) The department shall provide a final copy of all applicable SIP revisions and pertinent supporting materials to involved agencies.

(4) In the event that the final documents and supporting materials to be provided pursuant to this paragraph are excessively voluminous, the agency providing such documentation may provide a list of pertinent supporting documents necessary to analyze the final materials. Upon request the agency shall make the documents available.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 240-2.8