6 NYCRR Parts 203, 200, and 621 Rural Area Flexibility Analysis
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. However, Part 203 has become obsolete and has been superseded by other regulations, most notably 6 NYCRR Part 240 (Part 240), Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and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.
Types and Estimated Number of Rural Areas Affected
Part 203 applies only to indirect sources of air contamination located south of 60th Street in New York County (Manhattan). There are no rural areas south of 60th Street.
Reporting, Record Keeping and Other Compliance Requirements
No additional record keeping, reporting, or other requirements will be imposed under this rulemaking.
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.
Minimizing Adverse Impact
There will be no adverse impacts attributable to the repeal of Part 203.
Rural Area Participation
There are no rural areas affected by the repeal of Part 203.