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Part 240: Transportation Conformity- SIP Submission

The following is the content of a letter sent to the Regional Administrator at the USEPA, Region 2, Judith A. Enck. The letter was signed on October 3, 2013 by Joseph J. Martens, Commissioner.

This letter is to request approval by EPA of a revision to the New York State Implementation Plan (SIP). This SIP revision pertains to the repeal of existing Part 240 (Part 240), Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws and replacement of it with a new Part 240, Transportation Conformity, and revisions to Part 200, General Provisions into Title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York (6 NYCRR).

Section 176(c) of the CAA states that "No department, agency, or instrumentality of the Federal Government shall engage in, support in any way or provide financial assistance for, license or permit, or approve, any activity which does not conform to an implementation plan approved or promulgated under section 7410 of this title ...". In accordance with this requirement, on January 24, 2008, EPA issued final regulations that amended the transportation conformity rule to implement the provisions contained in the 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A legacy for Users (SAFETEA-LU). The amendments are codified in 40 CFR Part 93. These amendments required the state to submit a transportation conformity SIP that addresses the sections of the federal rule that must be tailored to a state's individual circumstances. The repeal and replacement of Part 240 and revisions to Part 200 comply with the streamlined conformity SIP requirements contained in EPA's final regulation.

A public review process was held for the proposed amendments to Part 240 and Part 200. On April 17, 2013, the proposed amendments were published in the New York State Register (I.D. No. ENV-16-13-00001-P) and the Environmental Notice Bulletin. Public hearings were held on June 4, 2013 in Albany, on June 5, 2013 in Long Island City, and on June 6, 2013 in Avon. Public comments were received through June 13, 2013. No comments were received on the proposed amendments.

A Notice of Adoption was filed on August 14, 2013, and was published in the New York State Register (I.D. No. ENV-16-13-00001-A) and the Environmental Notice Bulletin on September 4, 2013. The repeal and adoption of new Part 240 and revisions to Part 200 were effective on September 13, 2013.

The following documents are enclosed with this proposed SIP revision*:

  1. Express Terms for Part 240, and Part 200;
  2. Notice of Proposed Rulemaking as published in the New York State Register and the Environmental Notice Bulletin on April 17, 2013;
  3. Notice of Public Hearing as published in the New York State Register and the Environmental Notice Bulletin on April 17, 2013;
  4. Proofs of Publication of the Notice of Public Hearing as published in newspapers statewide on or about April 17, 2013;
  5. Hearing Report and transcripts of the public hearings held on June 4, 2013 in Albany, on June 5, 2013 in Long Island City, and on June 6, 2013 in Avon; and
  6. Certificate of Adoption signed August 13, 2013, and the Notice of Adoption as published in the New York State Register and the Environmental Notice Bulletin on September 4, 2013.

If you have any questions, please call David Shaw, Director, Division of Air Resources, at (518) 402-8452.

* The documents listed above are available upon request either by email dar.sips@dec.ny.gov or phone (518) 402-8396.


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