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6 NYCRR Parts 240 and 200 Regulatory Flexibility Analysis for Small Businesses and Local Governments

New York State (NYS) and local agencies are continuously looking for strategies to relieve traffic congestion, improve air quality, and provide communities with a safe and efficient transportation system. Transportation Conformity, a Clean Air Act (CAA) requirement, helps ensure that federally supported highway and transit project activities are consistent with (conform to) air quality State Implementation Plans (SIPs). The United States Environmental Protection Agency (EPA) recently amended the federal transportation conformity rule. Therefore, the Department must update its regulations to comport with the federal regulation. In order to carry out this commitment, the NYS Department of Environmental Conservation (Department) is proposing to repeal existing Part 240 and establish new transportation conformity regulations by promulgating 6 NYCRR Part 240, Transportation Conformity, and revising 6 NYCRR Part 200, General Provisions.

1. Effects on Small Businesses and Local Governments.

No small businesses will be directly affected by the adoption of Part 240 and the amendments to Part 200.

2. Compliance Requirements.

There are no compliance requirements for the implementation of Part 240 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 compliance costs 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.

The promulgation of the Program and the amendments to Part 200 do not directly affect small businesses.

6. Small Business and Local Government Participation.

Small businesses and local government will have the opportunity to participate in the development of Part 240 during the public comment period which will commence when the regulation is formally proposed.

7. Economic and Technological Feasibility.

After promulgation of Part 240, economics and technological feasibility will only be a factor if an area is proposing a transportation related project that requires a transportation conformity determination. Each individual project will be reviewed by all affected.

8. Cure Period.

Pursuant to NYS State Administrative Procedures Act (SA PA) Section 202-b, this rulemaking does not include a cure period in the express language of the rule because the substantive requirements are federally mandated and compliance with those federal mandates is already required.

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    Division of Air Resources
    Part 240
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    Albany, NY 12233-3251
    518-402-8396
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