N.Y. Comp. Codes R. & Regs. Tit. 6 § 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.
Notes
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