6 NYCRR Parts 240 and 200 Rural Area Flexibility Analysis
New York State and other 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.
Types and Estimated Number of Rural Areas Affected
The promulgation of the Program and the amendments to Part 200, apply to affected areas statewide including those located in rural areas if such areas are within a nonattainment or maintenance area. All public and private businesses subject to the regulations regardless of location, including those in rural areas, will be affected.
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
The promulgation of the Program and the amendments to Part 200 apply to affected areas statewide, including those located in rural areas if such areas are within a nonattainment or maintenance area. Since the regulations apply equally to affected areas statewide, rural areas are not impacted differently than other areas in the State. The Department has minimized the adverse economic impacts of the Program statewide.
Rural Area Participation
All areas of the state including rural areas 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.