Sec. 240-2.9. Resolution of conflicts

(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.

(c) TCMs and motor vehicle emissions budgets in the State implementation plan. The department shall provide NYSDOT with any proposed revision to the SIP which contains any TCMs or motor vehicle emissions budgets.

(1) In the event that NYSDOT and the department are unable to concur on the appropriate TCMs or motor vehicle emissions budgets for inclusion in the applicable SIP revision, NYSDOT may appeal the conflict to the Governor for resolution. NYSDOT shall have 14 calendar days from the receipt of notification from the department that concurrence has not been reached to appeal to the Governor as provided for in this section.

(2) NYSDOT may invoke the conflict resolution procedures provided for in this section by delivering to the Governor, the commissioner of the department, and the conformity contacts designated pursuant to section 240-2.4 of this Subpart, a letter requesting that the Governor exercise discretion under this subdivision.

(3) In the event that NYSDOT invokes the conflict resolution procedure provided for in this subdivision, the proposed applicable SIP revision must be approved by the Governor before it is submitted to the EPA. If NYSDOT does not appeal to the Governor within the specified 14 days, the department may proceed with the SIP revision.