N.Y. Comp. Codes R. & Regs. Tit. 6 § 240-2.9 - Resolution of conflicts
(a)
Specific processes. In the event that the involved agencies are unable to reach
agreement on any matter set forth in sections
240-2.7
and
240-2.8 of
this Subpart, the unresolved issue or issues shall be referred to the
commissioners of the department and NYSDOT for resolution.
(b) Conformity determinations for MPO
transportation plans, MPO TIPS, and programs of transportation projects in
areas outside any MPO. Each lead conformity agency making conformity
determinations for a MPO transportation plan, MPO TIP, or program of
transportation projects in a nonattainment or maintenance area outside any MPO
shall provide the department and any affected local air agency with the
proposed conformity determination accompanied by pertinent supporting
documentation.
(1) Upon closing of the
consultation period provided for in this section, the agency making the
transportation plan, TIP, or program of transportation projects conformity
determination shall transmit to the department the proposed conformity
determination reflecting the resolution of comments submitted. The department
shall have 14 calendar days from receipt of such transmittal to appeal to the
Governor as provided for in this section.
(2) The department may invoke the conflict
resolution procedure provided for in this section by delivering to the
Governor, the Commissioner of NYSDOT, and the conformity contacts designated
pursuant to section
240-2.4 of
this Subpart, a letter requesting that the Governor exercise his or her
discretion under this subdivision.
(3) In the event that the department invokes
the conflict resolution procedure provided for in this subdivision, the final
conformity determination must have the concurrence of the Governor. If the
department does not appeal to the Governor within the specified 14 days, the
affected MPO or NYSDOT may proceed with the final conformity
determination.
(c) TCMs
and motor vehicle emissions budgets in the State implementation plan. The
department shall provide NYSDOT with any proposed revision to the SIP which
contains any TCMs or motor vehicle emissions budgets.
(1) In the event that NYSDOT and the
department are unable to concur on the appropriate TCMs or motor vehicle
emissions budgets for inclusion in the applicable SIP revision, NYSDOT may
appeal the conflict to the Governor for resolution. NYSDOT shall have 14
calendar days from the receipt of notification from the department that
concurrence has not been reached to appeal to the Governor as provided for in
this section.
(2) NYSDOT may invoke
the conflict resolution procedures provided for in this section by delivering
to the Governor, the commissioner of the department, and the conformity
contacts designated pursuant to section
240-2.4 of
this Subpart, a letter requesting that the Governor exercise discretion under
this subdivision.
(3) In the event
that NYSDOT invokes the conflict resolution procedure provided for in this
subdivision, the proposed applicable SIP revision must be approved by the
Governor before it is submitted to the EPA. If NYSDOT does not appeal to the
Governor within the specified 14 days, the department may proceed with the SIP
revision.
Notes
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