6 NYCRR Parts 203, 200, and 621 Regulatory Flexibility Analysis for Small Businesses and Local Governments
The Department of Environmental Conservation (the Department or DEC) is proposing to repeal 6 NYCRR Part 203 (Part 203), Indirect Sources of Air Contamination, and coincidentally revise 6 NYCRR Parts 200, General Provisions, and Part 621, Uniform Procedures, to remove all references to Part 203. Indirect source permitting is an intrastate air pollution control regulation that exclusively applies to any new or modified indirect source of air contamination located in New York County (Manhattan) south of 60th Street. An indirect source of air contamination is any facility, structure or installation where the associated vehicular movements (i.e., the traffic related to the source) contribute to air pollution. The principle air pollutant of concern for the regulation is carbon monoxide (CO), although the regulation also addresses ozone and nitrogen dioxide (NO2) in the case of the construction of highway sections of certain size. As written, the regulation prohibits the construction or modification of an indirect source of air contamination without the Department issuing a permit to construct prior to construction or modification. The Department is proposing to repeal Part 203 and revise 6 NYCRR Part 200, General Provisions and Part 621, Uniform Procedures, to remove all references to Part 203. However, Part 203 has become obsolete and has been superseded by other regulations, most notably 6 NYCRR Part 240 (Part 240), Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and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; 40 CFR 93 Subpart B, Determining Conformity of General Federal Actions to State or Federal Implementation Plans; and 6 NYCRR Part 617, State Environmental Quality Review. Therefore the Department proposes to repeal Part 203 in order to trim redundancy from the State's environmental regulations.
1. Effects on Small Businesses.
No small businesses will be directly affected by the repeal of Part 203.
2. Compliance Requirements.
There are no compliance requirements associated with the repeal of Part 203 for small business or local governments.
3. Professional Services.
There are no professional services requirements that will be imposed under this rulemaking.
4. Compliance Costs.
There are no costs to affected parties as a result of this rulemaking. The only costs associated will be those associated with the rulemaking process including newspaper publication and the preparation of transcripts.
5. Minimizing Adverse Impact.
There will be no adverse impacts attributable to the repeal of Part 203.
6. Small Business and Local Government Participation.
Small businesses and local government will have the opportunity to participate in the repeal of Part 203 during the public comment period which will commence when the regulation is formally proposed.
7. Economic and Technological Feasibility.
There are no economic impacts of compliance with the proposed amendment. There is no issue of technological feasibility as this is not a technology-forcing measure, but an administrative one.
8. Cure Period.
Pursuant to NYS State Administrative Procedures Act (SAPA) Section 202-b, this rulemaking does not include a cure period.