reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 236 - SYNTHETIC ORGANIC CHEMICAL MANUFACTURING FACILITY COMPONENT LEAKS › Section 236.7 - Monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
Any person subject to this Part shall determine whether
					 leaks of volatile organic compounds exist by using method 21 of appendix A of
					  40 CFR 60  (see table 1, section
					 200.9  of this
					 Title).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 239 - Portable Fuel Container Spillage Control › Subpart 239-1 - Applicability › Section 239-1.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Except as provided in Subpart 239-4 of this Part, this
						Part applies to any person who sells, supplies, offers for sale advertises, or
						manufactures for sale in the State of New York, portable fuel container(s),
						spout(s), or both portable fuel container(s) and spout(s) for use in the State
						of New York.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 239 - Portable Fuel Container Spillage Control › Subpart 239-3 - Performance Standards for Portable Fuel Containers and Spill-Proof Spouts › Section 239-3.1 - Performance standards for portable fuel containers and spill-proof spouts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
					 provided in Subpart 239-4 of this Part and subdivision (c) of this section, no
					 person shall import, sell, supply, advertise for sale, offer for sale, or
					 manufacture for sale in the State of New York on or after September 1, 2009,
					 any portable fuel container, spout, or both fuel container and spout which does
					 not comply with
					 40 CFR section
					 59.653 (see Table 1, section
					 200.9 of this
					 Title).
(b) Compliance with this
					 section does not exempt spill-proof systems or spill-proof spouts from
					 compliance with other applicable Federal and State statutes and regulations
					 such as State fire codes, safety codes, and other safety regulations.
(c) Notwithstanding the provisions of this
					 Subpart, a portable fuel container, spout, or both portable fuel container and
					 spout manufactured before January 1, 2009, may be sold, supplied, or offered
					 for sale at any time prior to January 1, 2010, if:
(1) it is clearly marked or labeled with the
					 date of manufacture or date code representing the date of manufacture;
					 and
(2) it could be lawfully sold,
					 supplied or offered for sale as of December 31, 2008.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 239 - Portable Fuel Container Spillage Control › Subpart 239-4 - Exemptions › Section 239-4.1 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part does
					 not apply to any portable fuel container or spout or both portable fuel
					 container and spout manufactured in the State of New York for shipment, sale,
					 and use outside of the State of New York.
(b) This Part does not apply to a
					 manufacturer or distributor who sells, supplies, or offers for sale in the
					 State of New York a portable fuel container, spout, or both portable fuel
					 container and spout that does not comply with
					 40 CFR section
					 59.653 (see Table 1, section
					 200.9 of this
					 Title), as long as the manufacturer or distributor can demonstrate that:
(1) the portable fuel container, spout, or
					 both portable fuel container and spout is intended for shipment and use outside
					 of the State of New York; and
(2)
					 the manufacturer or distributor has taken reasonable prudent precautions to
					 assure that the portable fuel container, spout, or both portable fuel container
					 and spout is not distributed to the State of New York.
This subdivision does not apply to portable fuel
						containers, spouts, or both portable fuel containers and spouts that are sold,
						supplied, or offered for sale by any person to retail outlets in the State of
						New York.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 239 - Portable Fuel Container Spillage Control › Subpart 239-6 - Administrative Requirements › Section 239-6.1 - Administrative requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Each manufacturer of a portable fuel container, spout, or portable fuel
					 container and spout subject to and complying with section
					 239-3.1 
					 of this Part must also comply with
					 40
					 CFR section 59.615 (see Table 1, section
					 200.9 of this
					 Title).
(b) Each manufacturer of a
					 portable fuel container or spout or both portable fuel container and spout
					 subject to and complying with Subpart 239-3 of this Part that due to its design
					 or other features cannot be used to refuel one or more on-road motor vehicles
					 must clearly display the phrase "not intended for refueling on-road motor
					 vehicles" in type of 34-point or greater on each of the following:
(1) for a portable fuel container or portable
					 fuel container and spouts sold together as a spill-proof system, on the system
					 or on a label affixed thereto, and on the accompanying package, if any;
					 and
(2) for a spill-proof spout
					 sold separately from a spill-proof system, on either the spill-proof spout, or
					 a label affixed thereto, and on the accompanying package, if any.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 239 - Portable Fuel Container Spillage Control › Subpart 239-7 - Variances › Section 239-7.1 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person or
					 manufacturer who cannot comply with the requirements set forth in Subpart 239-3
					 of this Part, due to extraordinary reasons beyond the person's reasonable
					 control, may apply in writing to the department for a variance. The variance
					 application must set forth:
(1) the specific
					 grounds upon which the variance is sought;
(2) the proposed date(s) by which compliance
					 with the provisions of Subpart 239-3 of this Part will be achieved;
					 and
(3) a compliance report
					 detailing the method(s) by which compliance will be achieved.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 239 - Portable Fuel Container Spillage Control › Subpart 239-8 - Test Procedures › Section 239-8.1 - Test procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Testing to determine compliance with section
					 239-3.1 
					 of this Part shall be performed by using the procedures in
					 40 CFR sections
					 59.650 -
					 59.653
					 (see Table 1, section
					 200.9 of this
					 Title).
(b) Alternative methods
					 that are shown to be accurate, precise, and appropriate may be used upon
					 written approval of the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 239 - Portable Fuel Container Spillage Control › Subpart 239-9 - Severability › Section 239-9.1 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
Each Subpart of this Part is severable, and in the event
						that any Subpart of this Part is held to be invalid, the remainder of this Part
						continues in full force and effect.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 240 - Transportation Conformity › Subpart 240-1 - TRANSPORTATION CONFORMITY GENERAL PROVISIONS › Section 240-1.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Part 240 establishes the department's transportation
						conformity requirements. Applicability for this program is defined at
						40
						CFR 93.102 (see Table 1, section
						200.9 of this
						Title).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 240 - Transportation Conformity › Subpart 240-2 - CONSULTATION › Section 240-2.1 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The affected MPOs and NYSDOT shall provide involved
						agencies with reasonable opportunity for consultation throughout the process of
						determining conformity of MPO long range transportation plans and TIPs. The
						department shall provide reasonable opportunity for consultation with involved
						agencies throughout the process of developing applicable SIP revisions. Such
						reasonable opportunity shall include substantial compliance with all applicable
						consultation procedures set forth in this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 240 - Transportation Conformity › Subpart 240-2 - CONSULTATION › Section 240-2.2 - Interagency communications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 In order to provide for an appropriate integration of air quality and
					 transportation planning, the affected MPOs and NYSDOT shall provide an
					 opportunity for involved agencies to be fully and actively involved throughout
					 the development of MPO transportation plans, MPO TIPs, and program of
					 transportation projects conformity determinations. The department shall provide
					 an opportunity for involved agencies to be fully involved throughout the
					 development of applicable SIP revisions, including, but not limited to, the TCM
					 and emissions budget components.
(1) The
					 communications required by this subdivision shall include communications
					 necessary to fully involve involved agencies throughout the development of MPO
					 transportation plans, MPO TIPs, and program of transportation projects
					 conformity determinations. The communications required by this subdivision
					 shall also include communications necessary to fully involve involved agencies
					 in the development of the applicable SIP revision.
(2) The lead conformity agency or the
					 department shall convene meetings:
(i) among
					 technical representatives of such agency and involved agencies at least every
					 180 days for MPO transportation plans, MPO TIPs conformity determinations and
					 proposed SIP revisions applicable to other nonattainment or maintenance
					 areas.
(ii) among policy level
					 representatives of such agency and involved agencies at least once annually for
					 MPO transportation plans, MPO TIP conformity determinations and proposed SIP
					 revisions applicable to other nonattainment or maintenance areas.
(3) The department, NYSDOT, and
					 the affected MPOs may agree to waive any of the meetings required pursuant to
					 paragraph (2) of this subdivision if the meeting is not necessary for
					 consultation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 240 - Transportation Conformity › Subpart 240-2 - CONSULTATION › Section 240-2.3 - List transmittals

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall annually provide to NYSDOT and the
						other involved agencies a list of all applicable SIP revisions expected to be
						submitted to EPA that calendar year. NYSDOT shall annually provide to the
						department and the other involved agencies a list of all actions requiring a
						conformity determination that calendar year.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 240 - Transportation Conformity › Subpart 240-2 - CONSULTATION › Section 240-2.4 - Conformity contacts

Current through Register Vol. 46, No. 28, July 10, 2024
The affected MPOs, NYSDOT, the department, local air
						agencies, and nonattainment and maintenance area counties outside MPO
						boundaries shall provide to all involved agencies, the names and addresses of
						agency offices or officers to which all correspondence in furtherance of this
						Part is to be directed. Each involved agency shall provide the information
						required by this subdivision within 30 days of the effective date of this
						Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 240 - Transportation Conformity › Subpart 240-2 - CONSULTATION › Section 240-2.5 - Provision of draft documents

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The lead conformity agency and the department shall provide the other involved
					 agencies with relevant draft documents in accordance with this subdivision.
(1) MPOs developing the long range
					 transportation plan, TIP, and associated MPO long range transportation plan and
					 TIP conformity determinations shall provide involved agencies with draft
					 documents including: draft long range transportation plans, draft TIPs, draft
					 transportation plan conformity determinations, draft TIP conformity
					 determinations, draft regional emissions analyses, and other draft emissions
					 analyses to be utilized for conformity determinations. The draft conformity
					 determination shall include the proposed list of exempt and non-exempt
					 projects, proposed list of regionally significant projects, and pertinent
					 supporting documentation. NYSDOT shall provide such materials for nonattainment
					 and maintenance areas outside the MPO boundaries.
(2) The department shall provide involved
					 agencies with draft proposed applicable revisions to the SIP, draft emissions
					 budgets, and pertinent supporting documentation.
(3) In the event that the documents and
					 supporting materials to be provided pursuant to this subdivision are
					 excessively voluminous, the agency providing such documentation may provide a
					 list of pertinent supporting documents necessary to analyze the draft
					 materials. Upon request the agency shall make the documents
					 available.
(4) Involved agencies
					 have at least 30 days, or an adequate amount of time as determined in
					 consultation with involved agencies, of receipt of such draft document
					 described in this subdivision, to make written comments in response to any
					 draft proposed applicable SIP revision, draft transportation plan, draft TIP,
					 or draft transportation plan TIP and program of projects conformity
					 determination provided in accordance with this section. In cases where such
					 written comments are provided, the agency issuing such draft materials shall
					 prepare a written response fully addressing all issues raised therein. Where
					 possible, the lead conformity agencies and the department, as applicable, shall
					 provide pertinent draft documentation 30 days prior to the beginning of the
					 public review period.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 240 - Transportation Conformity › Subpart 240-2 - CONSULTATION › Section 240-2.6 - Consultation obligations and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to any other responsibilities
					 imposed by this section, the following general duties shall also apply:
(1) The department shall:
(i) cooperatively develop, with NYSDOT and
					 the affected MPOs, a list of TCMs for potential inclusion in the applicable SIP
					 revision in accordance with section
					 240-2.7 
					 of this Subpart;
(ii) consult with
					 NYSDOT and affected MPOs on the air quality parameters used to make conformity
					 determinations to ensure that such parameters are consistent with air quality
					 modeling performed for applicable SIP revision purposes;
(iii) consult with NYSDOT and affected MPOs
					 with respect to the traffic data and parameters used for emissions forecasting
					 and determining conformity of transportation plans and TIPs;
(iv) provide guidance, expertise, and
					 assistance to other involved agencies on applicable SIP revision related issues
					 which impact conformity determinations; and
(v) convene, as necessary, meetings among
					 technical staff of participating agencies for purposes of consulting on air
					 quality analysis procedures.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 240 - Transportation Conformity › Subpart 240-2 - CONSULTATION › Section 240-2.7 - Transportation control measures and emissions budgets in the applicable sip revision

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Transportation control measures (TCMs).
(1)
					 NYSDOT and the affected MPOs, in consultation with the department, shall
					 develop a list of TCMs for potential inclusion in the applicable SIP
					 revision.
(2) If NYSDOT, the
					 department, and the affected MPOs cannot reach agreement on which TCMS, if any,
					 to include in the state air quality implementation plan, the matter shall be
					 resolved in accordance with the procedures in section 240- 2.9 of this
					 Subpart.
(3) The TCMs designated
					 pursuant to this subdivision shall be specifically identified in the applicable
					 SIP revision.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 240 - Transportation Conformity › Subpart 240-2 - CONSULTATION › Section 240-2.8 - Specific procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Model evaluation and selection:
(1) NYSDOT
					 shall consult with involved agencies to select the air quality model inputs and
					 parameters to use for MPO transportation plan and TIP conformity
					 determinations;
(2) NYSDOT shall
					 consult with the department, USDOT, and EPA to select the air quality models
					 and parameters to use for regionally significant project conformity
					 determinations and hot spot analyses;
(3) affected MPOs and NYSDOT shall develop
					 procedures for transportation models and transportation inputs and parameters
					 in consultation with the department, affected local air and transportation
					 agencies, USDOT, and EPA; and
(4)
					 the department shall select air quality models and develop non-transportation
					 related inputs and parameters used to develop the emissions budget in the
					 applicable SIP revision during the SIP revision process in consultation with
					 involved agencies.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 240 - Transportation Conformity › Subpart 240-2 - CONSULTATION › Section 240-2.9 - Resolution of conflicts

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Specific processes. In the event that the involved agencies are unable to reach
					 agreement on any matter set forth in sections
					 240-2.7
					 and
					 240-2.8  of
					 this Subpart, the unresolved issue or issues shall be referred to the
					 commissioners of the department and NYSDOT for resolution.
(b) Conformity determinations for MPO
					 transportation plans, MPO TIPS, and programs of transportation projects in
					 areas outside any MPO. Each lead conformity agency making conformity
					 determinations for a MPO transportation plan, MPO TIP, or program of
					 transportation projects in a nonattainment or maintenance area outside any MPO
					 shall provide the department and any affected local air agency with the
					 proposed conformity determination accompanied by pertinent supporting
					 documentation.
(1) Upon closing of the
					 consultation period provided for in this section, the agency making the
					 transportation plan, TIP, or program of transportation projects conformity
					 determination shall transmit to the department the proposed conformity
					 determination reflecting the resolution of comments submitted. The department
					 shall have 14 calendar days from receipt of such transmittal to appeal to the
					 Governor as provided for in this section.
(2) The department may invoke the conflict
					 resolution procedure provided for in this section by delivering to the
					 Governor, the Commissioner of NYSDOT, and the conformity contacts designated
					 pursuant to section
					 240-2.4  of
					 this Subpart, a letter requesting that the Governor exercise his or her
					 discretion under this subdivision.
(3) In the event that the department invokes
					 the conflict resolution procedure provided for in this subdivision, the final
					 conformity determination must have the concurrence of the Governor. If the
					 department does not appeal to the Governor within the specified 14 days, the
					 affected MPO or NYSDOT may proceed with the final conformity
					 determination.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 240 - Transportation Conformity › Subpart 240-2 - CONSULTATION › Section 240-2.10 - Public participation procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Conformity determinations for MPO
					 transportation plans and MPO TIPs shall follow the specific public involvement
					 process established by the MPO, consistent with the requirements of
					 23 CFR
					 450.316(a) (see Table 1,
					 section
					 200.9 of this
					 Title), which provides opportunity for public review and comment prior to
					 formal action on a conformity determination for all MPO transportation plans
					 and MPO TIPs. Reasonable public access to technical and policy information
					 considered by the affected agencies making the conformity determination must be
					 provided at the beginning of the public review period.
(b) Conformity determinations must
					 specifically address, in writing, all significant public comments claiming that
					 known plans for a regionally significant project, which is not receiving FHWA
					 or FTA funding or approval, have not been properly reflected in the emissions
					 analysis supporting a proposed conformity finding for a MPO transportation plan
					 or MPO TIP.
(c) Conformity
					 determinations in isolated rural nonattainment and maintenance areas and rural
					 portions of nonattainment and maintenance areas outside MPO boundaries shall
					 follow the specific public involvement process established by NYSDOT,
					 consistent with the requirements of  23 CFR 450  (see Table 1, section
					 200.9 of this
					 Title), which provides opportunity for public review and comment prior to
					 formal action to update the statewide transportation improvement program (STIP)
					 and the statewide transportation plan.
(d) Public involvement in conformity
					 determinations for transportation projects shall also be provided where
					 otherwise required by law.
(e) Copy
					 fees shall be assessed in accordance with the access to records policy, rule or
					 regulation of the involved agency responsible for the creation of the
					 applicable record.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 240 - Transportation Conformity › Subpart 240-2 - CONSULTATION › Section 240-2.11 - Consultation process for regionally significant projects not from a conforming plan or tip

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the
					 event that any transportation project in a nonattainment or maintenance area
					 not from a conforming plan or TIP is determined to be regionally significant
					 pursuant to the provisions of section
					 240-2.8(b) and
					 (k)  of this Subpart, the conformity
					 determination applicable to such project shall be made in accordance with Table
					 1 of
					 40
					 CFR 93.109(b) (see Table 1,
					 section
					 200.9 of this
					 Title), as applicable to projects not from a conforming plan or TIP.
(b) In the event that the conformity
					 determination or regional emissions analysis for a regionally significant
					 project not from a conforming MPO transportation plan or MPO TIP is made using
					 inputs or assumptions different from those identified in section
					 240-2.8(a)(2), (3) and
					 (4)  of this Subpart, subdivision (c) of this
					 section shall apply.
(c) If
					 required by subdivision (b) of this section, NYSDOT, and other involved
					 agencies making conformity determinations or regional emissions analyses, shall
					 provide the department, prior to the issuance of a draft environmental
					 document, an opportunity to review and comment on the air quality model inputs
					 and parameters used in the regional emissions analysis, transportation model
					 inputs and parameters associated with the project, and non-transportation
					 inputs and parameters necessary to evaluate the air quality impacts and
					 analysis of a regionally significant project not from a conforming MPO
					 transportation plan or MPO TIP.
(d)
					 The opportunity to review and comment provided for in this subdivision shall
					 not extend beyond the issuance of a final environmental document issued
					 pursuant to the SEQR or NEPA, whichever may be applicable.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 240 - Transportation Conformity › Subpart 240-3 - REGIONAL TRANSPORTATION-RELATED EMISSIONS AND ENFORCEABILITY › Section 240-3.1 - Procedures for determining regional transportation-related emissions

Current through Register Vol. 46, No. 28, July 10, 2024
Written commitments to control measures that are not
						included in the transportation plan and TIP must be obtained prior to a
						conformity determination and must demonstrate assurance that they will be
						fulfilled.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 240 - Transportation Conformity › Subpart 240-3 - REGIONAL TRANSPORTATION-RELATED EMISSIONS AND ENFORCEABILITY › Section 240-3.2 - Enforceability of design concept and scope, and project-level mitigation and control measures

Current through Register Vol. 46, No. 28, July 10, 2024
Written commitments to mitigation measures must be
						obtained prior to a positive conformity determination, and the project sponsors
						must comply with such commitments.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 241 - Asphalt Pavement And Asphalt Based Surface Coating › Section 241.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to:
(a) any person who applies, supplies, sells,
				  offers for sale, or manufactures any asphalt pavement; and
(b) any person who applies, supplies, sells,
				  offers for sale, or manufactures any asphalt-based surface coating.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 241 - Asphalt Pavement And Asphalt Based Surface Coating › Section 241.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Asphalt. The
				  dark brown to black cementitious material (solid, semisolid or liquid in
				  consistency) of which the main constituents are bitumens which occur naturally
				  or as a residue of petroleum refining.
(b) Asphalt pavement. Pavement that is
				  composed of stone, sand, and gravel bound together by asphalt.
(c) Cutback asphalt. Any asphalt which has
				  been liquefied by blending with petroleum solvents (diluents) or, in the case
				  of some slow cure asphalts (road oils), has been produced directly from the
				  distillation of petroleum.
(d)
				  Asphalt-based surface coating. A coating labeled and formulated for application
				  to worn asphalt pavement surfaces including, but not limited to, highway,
				  driveway, parking, curb and/or berm surfaces to perform one or more of the
				  following functions:
(1) fill
				  cracks;
(2) seal, coat, or cover
				  the surface to provide protection or prolong its life; or
(3) restore or preserve the
				  appearance.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 241 - Asphalt Pavement And Asphalt Based Surface Coating › Section 241.3 - Asphalt pavement

Current through Register Vol. 46, No. 28, July 10, 2024
No emulsified asphalt, as classified under ASTM
					 International standard specifications D 977 or D 2397 (see Table 1, section
					 200.9  of this
					 Title), may be applied, sold, offered for sale, or manufactured that contains
					 oil distillate, as determined by ASTM International standard test method D
					 6997, in amounts that exceed the following limits (milliliters of oil
					 distillate per 200 gram sample):
(a)
				  three milliliters for ASTM grades RS-1, SS-1, SS-1h, CRS-1, CSS-1, and
				  CSS-1h;
(b) five milliliters for
				  ASTM grades RS-2, CRS-2, and HFRS-2;
(c) sixteen milliliters for ASTM grades MS-2,
				  HFMS-2 and HFMS-2h; and
(d) twenty
				  milliliters for ASTM grades CMS-2 and CMS-2h.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 241 - Asphalt Pavement And Asphalt Based Surface Coating › Section 241.4 - Cutback asphalt prohibition

Current through Register Vol. 46, No. 28, July 10, 2024
The use of cutback asphalt in paving activities is
					 prohibited except in the following circumstances:
(a) when the asphalt is used in the
				  production of long-life stockpile material for pavement patching and repair;
				  or
(b) when the asphalt is used as
				  a penetrating prime coat for the purpose of preparing a surface to receive
				  asphalt pavement.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 241 - Asphalt Pavement And Asphalt Based Surface Coating › Section 241.5 - Asphalt based surface coating

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  VOC limitation. No asphalt based surface coating may be applied, sold, offered
				  for sale, or manufactured if it contains more than 100 grams of VOC per
				  liter.
(b) VOC content
				  determination.
(1) Except as provided in
				  paragraph (2) of this subdivision, the VOC content of an asphalt based surface
				  coating must be determined through the use of the following equation:
(Ws)
VOC Content = ----------------------
( Vm - Vw)
where:
VOC content = grams of VOC per liter of coating
Ws = weight of VOCs, in grams
Vm = volume of coating, in liters
Vw = volume of water, in liters
The VOC content of a tint base shall be determined prior to
					 the addition of the colorant.
(2) An alternative method may be used if
				  approved by the department and the administrator.
(3) The department may additionally require
				  the manufacturer to conduct a  40 CFR part 60, appendix A, method 24 (see Table
				  1, section
				  200.9  of this
				  Title) analysis to verify the VOC content.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-1 - CO[2] BUDGET TRADING PROGRAM GENERAL PROVISIONS › Section 242-1.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes the New York State component of the
						CO2 Budget Trading Program, which is designed to reduce
						anthropogenic emissions of CO2, a greenhouse gas, from
						CO2  budget sources in an economically efficient
						manner.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-1 - CO[2] BUDGET TRADING PROGRAM GENERAL PROVISIONS › Section 242-1.3 - Measurements, abbreviations and acronyms

Current through Register Vol. 46, No. 28, July 10, 2024
Measurements, abbreviations, and acronyms used in this
						Part are defined as follows:
(a)
					 Btu-British thermal unit.
(b)
					 CO2-carbon dioxide.
(c) hr-hour.
(d) lb-pound.
(e) mmBtu-million Btu.
(f) MWe-megawatt electrical.
(g) MWh-megawatt hours.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-1 - CO[2] BUDGET TRADING PROGRAM GENERAL PROVISIONS › Section 242-1.4 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Units.
(1) Any unit that, at any time
					 on or after January 1, 2005, serves an electricity generator with a nameplate
					 capacity equal to or greater than 25 MWe shall be a CO2
					 budget unit, and any source that includes one or more such units shall be a
					 CO2 budget source, subject to the requirements of this
					 Part; and
(2) Any unit that, at any
					 time on or after January 1, 2021, serves an electricity generator with a
					 nameplate capacity equal to or greater than 15 MWe shall be a
					 CO2 budget unit if either:
(i) that unit resides at a
					 CO2 budget source; or
(ii) that unit resides at a source where
					 there are two or more units with a nameplate capacity equal to or greater than
					 15 MWe. Any source that includes one or more such units shall be a
					 CO2 budget source, subject to the requirements of this
					 Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-1 - CO[2] BUDGET TRADING PROGRAM GENERAL PROVISIONS › Section 242-1.5 - Standard requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 'Permit requirements'.
(1) Each
					 CO2 budget source is required to modify its permit
					 pursuant to Parts 201 and 621 of this Title to include all applicable
					 requirements of the CO2 Budget Trading Program
(2) The owners and operators of each
					 CO2 budget source required to have an operating permit
					 pursuant to Part 201 of this Title and each CO2 budget
					 unit required to have an operating permit pursuant to Part 201 of this Title
					 for the source shall have a CO2 budget permit and
					 operate the CO2 budget source and the
					 CO2 budget unit at the source in compliance with such
					 CO2 budget permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-1 - CO[2] BUDGET TRADING PROGRAM GENERAL PROVISIONS › Section 242-1.6 - Computation of time

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
					 otherwise stated, any time period scheduled, under the
					 CO2 Budget Trading Program, to begin on the occurrence
					 of an act or event shall begin on the day the act or event occurs.
(b) Unless otherwise stated, any time period
					 scheduled, under the CO2 Budget Trading Program, to
					 begin before the occurrence of an act or event shall be computed so that the
					 period ends the day before the act or event occurs.
(c) Unless otherwise stated, if the final day
					 of any time period, under the CO2 Budget Trading
					 Program, falls on a weekend or a State or Federal holiday, the time period
					 shall be extended to the next business day.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-1 - CO[2] BUDGET TRADING PROGRAM GENERAL PROVISIONS › Section 242-1.7 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part, or its application to any
						particular person or circumstances, is held invalid, the remainder of this
						Part, and the application thereof to other persons or circumstances, shall not
						be affected thereby.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-2 - CO[2] AUTHORIZED ACCOUNT REPRESENTATIVE FOR CO[2] BUDGET SOURCES › Section 242-2.2 - CO[2] authorized alternate account representative

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An account certificate of representation
					 may designate one and only one CO2 authorized alternate
					 account representative who may act on behalf of the CO2
					 authorized account representative. The agreement by which the
					 CO2 authorized alternate account representative is
					 selected shall include a procedure for authorizing the
					 CO2 authorized alternate account representative to act
					 in lieu of the CO2 authorized account
					 representative.
(b) Upon receipt by
					 the department or its agent of a complete account certificate of representation
					 under section
					 242-2.4 
					 of this Subpart, any representation, action, inaction, or submission by the
					 CO2 authorized alternate account representative shall be
					 deemed to be a representation, action, inaction, or submission by the
					 CO2 authorized account representative.
(c) Except in this section and subdivision
					 242-2.1(a),
					 sections
					 242-2.3,
					 242-2.4 
					 of this Subpart, and section
					 242-6.2 
					 of this Part, whenever the term "CO2 authorized account
					 representative" is used in this Part, the term shall be construed to include
					 the CO2 authorized alternate account
					 representative.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-2 - CO[2] AUTHORIZED ACCOUNT REPRESENTATIVE FOR CO[2] BUDGET SOURCES › Section 242-2.4 - Account certificate of representation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A complete account certificate of
					 representation for a CO2 authorized account
					 representative or a CO2 authorized alternate account
					 representative shall include the following elements in a format prescribed by
					 the department or its agent:
(1)
					 identification of the CO2 budget source and each
					 CO2 budget unit at the source for which the account
					 certificate of representation is submitted;
(2) the name, address, e-mail address, and
					 telephone number of the CO2 authorized account
					 representative and any CO2 authorized alternate account
					 representative;
(3) a list of the
					 owners and operators of the CO2 budget source and of
					 each CO2 budget unit at the source;
(4) the following certification statement by
					 the CO2 authorized account representative and any
					 CO2 authorized alternate account representative: "I
					 certify that I was selected as the CO2 authorized
					 account representative or alternate CO2 authorized
					 account representative, as applicable, by an agreement binding on the owners
					 and operators of the CO2 budget source and each
					 CO2 budget unit at the source. I certify that I have all
					 the necessary authority to carry out my duties and responsibilities under the
					 CO2 Budget Trading Program on behalf of the owners and
					 operators of the CO2 budget source and of each
					 CO2 budget unit at the source and that each such owner
					 and operator shall be fully bound by my representations, actions, inactions, or
					 submissions and by any decision or order issued to me by the department or a
					 court regarding the source or unit."; and
(5) the signature of the
					 CO2 authorized account representative, any
					 CO2 authorized alternate account representative and the
					 dates signed.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-2 - CO[2] AUTHORIZED ACCOUNT REPRESENTATIVE FOR CO[2] BUDGET SOURCES › Section 242-2.5 - Objections concerning the CO[2] authorized account representative

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Once a complete
					 account certificate of representation under section
					 242-2.4 
					 of this Subpart has been submitted and received, the department and its agent
					 will rely on the account certificate of representation unless and until the
					 department or its agent receives a superseding complete account certificate of
					 representation under section
					 242-2.4 
					 of this Subpart.
(b) Except as
					 provided in subdivision
					 242-2.3(a)
					 or (b)  of this Subpart, no objection or other
					 communication submitted to the department or its agent concerning the
					 authorization, or any representation, action, inaction, or submission of the
					 CO2 authorized account representative shall affect any
					 representation, action, inaction, or submission of the
					 CO2 authorized account representative or the finality of
					 any decision or order by the department or its agent under the
					 CO2 Budget Trading Program.
(c) Neither the department nor its agent will
					 adjudicate any private legal dispute concerning the authorization or any
					 representation, action, inaction, or submission of any
					 CO2 authorized account representative, including private
					 legal disputes concerning the proceeds of CO2 allowance
					 transfers.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-2 - CO[2] AUTHORIZED ACCOUNT REPRESENTATIVE FOR CO[2] BUDGET SOURCES › Section 242-2.6 - Delegation by CO[2] authorized account representative and alternate CO[2]authorized account representative

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 A CO2 authorized account representative may delegate, to
					 one or more natural persons, his or her authority to make an electronic
					 submission to the department or its agent under this Part.
(b) An CO2 authorized
					 alternate account representative may delegate, to one or more natural persons,
					 his or her authority to make an electronic submission to the department or its
					 agent under this Part.
(c) In order
					 to delegate authority to make an electronic submission to the department or its
					 agent in accordance with subdivisions (a) and (b) of this section, the
					 CO2 authorized account representative or
					 CO2 authorized alternate account representative, as
					 appropriate, must submit to the department or its agent a notice of delegation,
					 in a format prescribed by the department that includes the following elements:
(1) the name, address, e-mail address, and
					 telephone number of such CO2 authorized account
					 representative or CO2 authorized alternate account
					 representative;
(2) the name,
					 address, e-mail address, and telephone number each such natural person, herein
					 referred to as the "electronic submission agent";
(3) for each such natural person, a list of
					 the type of electronic submissions under subdivision (a) or (b) of this section
					 for which authority is delegated to him or her; and
(4) the following certification statements by
					 such CO2 authorized account representative or
					 CO2 authorized alternate account representative:
(i) "I agree that any electronic submission
					 to the department or its agent that is by a natural person identified in this
					 notice of delegation and of a type listed for such electronic submission agent
					 in this notice of delegation and that is made when I am a
					 CO2 authorized account representative or
					 CO2 authorized alternate account representative, as
					 appropriate, and before this notice of delegation is superseded by another
					 notice of delegation under subdivision (d) of this section shall be deemed to
					 be an electronic submission by me."
(ii) "Until this notice of delegation is
					 superseded by another notice of delegation under subdivision (d) of this
					 section, I agree to maintain an e-mail account and to notify the department or
					 its agent immediately of any change in my e-mail address unless all delegation
					 authority by me under Section 242-2.6  is terminated."
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-3 - PERMITS › Section 242-3.1 - General CO[2] budget permit requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each CO2 budget
					 source must have a permit issued by the department pursuant to Parts 201 and
					 621 of this Title.
(b) Each
					 CO2 budget permit shall contain all applicable
					 CO2 Budget Trading Program requirements and which shall
					 be a complete and distinguishable portion of the permit under subdivision (a)
					 of this section.