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