N.Y. Comp. Codes R. & Regs. Tit. 6 § 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 PM2.5 nonattainment
area.
(1) The lead conformity agency shall
determine through interagency consultation if projects located in
PM10 and/or PM2.5 nonattainment
areas require a quantitative PM10 and/or
PM2.5 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
PM2.5 violations (hot-spots).
(1) The FHWA/FTA or regionally significant
project must not cause or contribute to any new localized CO,
PM10, and/or PM2.5 violations,
increase the frequency or severity of any existing CO,
PM10, and/or PM2.5 violations, or
delay timely attainment of any NAAQS or any required interim emission
reductions or other milestones in CO, PM10, and
PM2.5 nonattainment and maintenance areas. This
criterion is satisfied without a hot-spot analysis in
PM10, and PM2.5 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
PM2.5 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
PM2.5 control measures. The regionally significant
project must comply with any PM10 and
PM2.5 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
PM2.5 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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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 PM2.5 nonattainment area .
(1) The lead conformity agency shall determine through interagency consultation if projects located in PM10 and/or PM2.5 nonattainment areas require a quantitative PM10 and/or PM2.5 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 PM2.5 violations (hot-spots).
(1) The FHWA /FTA or regionally significant project must not cause or contribute to any new localized CO, PM10, and/or PM2.5 violations, increase the frequency or severity of any existing CO, PM10, and/or PM2.5 violations, or delay timely attainment of any NAAQS or any required interim emission reductions or other milestones in CO, PM10, and PM2.5 nonattainment and maintenance areas. This criterion is satisfied without a hot-spot analysis in PM10, and PM2.5 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 PM2.5 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 PM2.5 control measures. The regionally significant project must comply with any PM10 and PM2.5 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 PM2.5 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.