6 NYCRR Parts 240 and 200 Job Impact Statement
1. Nature of Impact:
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.
2. Categories and Numbers Affected:
Conformity applies to metropolitan transportation plans, metropolitan transportation improvement programs (TIPs), and projects that are funded or approved by the Federal Highway Administration (FHWA) or Federal Transit Administration (FTA). Conformity requirements apply to areas that do not meet or previously have not met the air quality standards for ozone, CO, PM10, PM2.5, or nitrogen dioxide. These areas are known as nonattainment or maintenance areas, respectively. The numbers affected vary relative to the total population in the specific nonattainment or maintenance area.
3. Regions of adverse impact:
The promulgation of the Part 240 and the amendments to Part 200 apply to affected areas statewide. All areas subject to the regulations will be affected, regardless of location.
4. Minimizing Adverse Impact:
The promulgation of Part 240 and the amendments to Part 200 are applicable statewide. The Department has minimized the adverse impacts of the regulations statewide.
5. Self-Employment Opportunities: