### Bill Richardson Governor 

# State of New Mexico
O& 

# ofthe Cjovernor

May 13,2009

Mr. Larry Starfield Acting Regional Administrator U.S. Environmental Protection Agency, Region 6 1445Ross Avenue Dallas, TX 75202-2711

Dear Mr. Starfield:
On behalf of the New Mexico Environment Department, I am pleased to submit to the Environmental Protection Agency the enclosed revision to the New Mexico State Implementation Plan (SIP). This revision includes amendments to New Mexico Administrative Code (NMAC) 20.2.99 NMAC - 

## Conformity to the State Implementation Plan of Transportation Plans, Programs, and Projects. The hearing record for this SIP revision is attached, which includes the filed regulation, transcripts, exhibits, public notices, affidavits ofpublication, the notice of intent to testify, and public comments.

If there are any questions concerningthis SIP submittal, please contact Mary Uhl, Air Quality Bureau Chief, at (505) 476-4301.
Sincerely,

Bill Richardson Governor of New Mexico

State Capitol 

### Room 400 

### Santa Fe, New Mexico 87501 505-476-2200 

### www.governor.state.nm.us

## Enclosures

cc: JeffRiley, EPA Region 

## 6 Carl Young, EPA Region 6 Ron Curry, NMED, Cabinet Secretary Jim,Norton, NMED, Environmental Protection Division Director Mary 

## Uhl, 

## NMED, 

## Air Quality Bureau Chief

## NMACTRANSMITTAL FORM

1.24.10 NMAC [Sequence # 

### 1


## 1 Environmental ImprovementBoard 

## 1 667 

## I

P.O. Box 26110 1190 St. Francis Drive, Santa Fe, New Mexico 87502

Name Gail Cooke 

# I Phone # 

# 1 (505) 476-4319 FAX (505) 476-4375
E-mail Gail.cooke@state.nm.us

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### (Statewide)

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### NMAC Sections 2, 7, 111, 112,113, 115, 122,124, 125,128, 133, 134, 135, 137, 138, 139, 140, 148 & 151.This is an amendment to 20.2.99 NMAC, Sections 2,7, 1

### 1 1, 112, 

### 1 13, 115, 123. 124: 12.5, 128, 133, 134, 135, 137, 138, 139, 140, 148, and 15 1effective 6/1/09.

20.2.99.2 

### SCOPE. Agencies affected by this part are: federal transportation agencies (the federal highway administration (FHWA) and the federal transit administration (FTA) of the United States department of transportation (US DOT)), and state and local agencies responsible for transportation planning and air quality management that are within the geographic jurisdiction of the environmental improvemeiltboard (see also 20.2.99.6 NMAC).

### A. The provisions of this part shall apply in all non-attainment and maintenance areas for transportation-related criteria pollutants for which the area is designated non-attainment or has a maintenance plan. 

### B. The provisions of this part apply with respect to emissions of the following criteria pollutants: ozone, carbon monoxide, nitrogen dioxide, and particles with an aerodynanlic diameter less than or equal to a nominal 10 micrometers (PMIO) and particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers (PM2.5). C. The provisions of this part apply with respect to emissions of the following precursor pollutants in nonattainment or maintenance areas: (1) volatile organic compounds and nitrogen oxides in ozone areas; (2) nitrogen oxides in nitrogen dioxide areas; (3) volatile organic compounds and/or, nitrogen oxides, in PMlO areas if (a) the EPA region 6 administrator or the department has made a finding (including a finding as part of a SIP or a submitted implementation plan revision) that transportation-related emissions of one or both of these precursor emissions within the nonattainment area are a significant contributor to the PMlO nonattainment problem and has so notified the MPO (orthe NMDOT in the absence of an MPO) and US DOT; or 

### (b) the applicable SIP (or implementation plan submission) establishes an approved (or adequate) budget for such emissions as part of the reasonable further progress, attainment or maintenance strategy; (4) nitrogen oxides in PM2.5areas, unless both the EPA regional administrator and the department have made a finding that transportation-related emissions of nitrogen oxides within the nonattainment area are not a significant contributor to the PM2.S nonattainment problem and has as notified the 

### MPO (orthe NMDOT in the absence of 

### an MPO) and US DOT, or the applicable implementation plan (orimplementation plan submission) does not establish as approved (oradequate) budget for sucb emissions as part of the reasonable further progress, attainment or maintenance strategy; and 

### (5) VOC, sulfur 

### [ex&&%++- dioxide (SO21and/or ammonia (NH3) in PM2.5 areas either if the EPA regional administrator or the department has made a finding that transportation-related emissions of any of these precursors within the nonattainment area are a significant contributor to the PW.5 nonattinment problem and has so notified the MPO (or the NMDOT in the absence of an MPO) and US DOT, or it the applicable implementation plan (orimplementation plan submission) establishes and approved (or adequate) budget for such emissions as part of the reasonable further progress, attainment or maintenance strategy. 

### D. The provisions of this part apply to PM2.5 nonattainment and maintenance areas with respect to PM2.5 from re-entrained road dust if the EPA regional administrator or the department has made finding that reentrained road dust emissions within the area are a significant contributor to the PM2.5 nonattainment problem and has so notified the MPO (or the NMDOT in the absence of an MPO) and US DOT, or if the applicable SIP (or implementation plan submission) includes re-entrained road dust in the approved (or adequate ) budget as part of the reasonable further progress, attainment or maintenance strategy. Re-entrained road dust emissions are produced by travel and paved and unpaved roads (including emissions from anti-skid and deicing material(s)). 

### E. The provisions of this part apply to ~naintenance areas 

# [w 3"s E?A

PA A 

### . . through the last year of a maintenance area's approved CAA section 175A(b)maintenance plan, [-



### . . 

### ~1 [12/14/94; 11/23/98; 20.2.99.2 MAC 

### - Rn, 20 

### NMAC 2.99.101 l0/3 1/02; A, 10/15/05; A, 9/1/07; 

### A, 06/01/09]

20.2.99.7 

### DEFINITIONS. Terms used but not defined in this part shall have the meaning given them by the CA4titles 23 and 49 U.S.C., US EPA regulations, US DOT regulations, and 20.2.2 WAC (Def~tions), in that order of priority. A. "I-hour ozone NAAQS" means the 1-hour ozone national ambient air quality standard codified at 40 

### CFR 50.9.

20.2.99 NMAC

### B. "8-hour ozone NAAQS" means the 8-hour ozone national ambient air quality standard codified at 40 CFR 50.10. C. "Applicable implementation plan" is defined 

### in Section 302(q) of the CAA and means the portion (or portions) of the implementation plan, or most recent revision thereof, which has been approved under Section 110 (of the CAA), promulgated under Section I I O(c), or promulgated or approved pursuant to regulations promulgated under Section 301(d) and which implenients the relevant requirements of the Ck4. 

### D. "CAA" nieans tlie Clean Air .4ct, as amended, 42 U.S.C. 7401, et seq. 

### E. "Cause or contribute to 

### a new violationf1 for a project means: 

### (1) to cause or contribute to a new violation of a standard in tlie area substantially affected by the project or over a region which would otherwise not be in violation of the standard during the futureperiod in question, if tlie project were not inipleniented, or (2) to contribute to a new violation in a manner that would increase the frequency or severity of a new violation of a standard in such area. 

### F. "CFR" means the code of federal regulations. 

### G. "Clean data" means air quality monitoring data determined by US 

### EPA to meet the e national ambient air quality standard. 

### H. "Conformity analyses" means regional or localized "hot-spot" computer modeling assessment or any other analyses which serve as the basis for the conformity determination. 

### I. "Conformity determination" means the demonstration of consistency witli motor vehicle emissions budgets for each pollutant and precursor identified in the applicable SIP. The conformity determination is tlie affirmative written documentation declaring conformity with the applicable 

### SIP which is submitted to FKWA and FTA for approval with EPA consultation. 

### An affirmative conformity determination means conformity to the plans purpose of eliminating or reducing the severity and number of violations of the NAAQS and achieving expeditious attainment of such standards; and that such activities will not: 

### (1) cause or contribute to any new violations of any standard in any area; (2) increase the frequency or severity of any existing violation of any standard in any area; or (3) delay timely attainment of any standard or any required interim emission reductions or other milestones in any area. 

### J. "Consultation" means that one party confers with another identified party, provides or makes available all relevant information to that party, and, prior to taking any action, considers the views of that party and (except with respect to those actions for which only notification is required) responds to written comments in a timely, substantive written manner prior to any final decision on sucb action. Such views and written response shall be madepart of the record of any decision or action. Specific procedures and processes are described in 20.2.99.1 16 through 20.2.99.124 NMAC. 

### K. "Control strategy implementation plan revision" is the implementation plan which contains specific strategies for controlling the emissions of and reducing ambient levels ofpollutants in order to satisfy CAA requirements for demonstrations of reasonable further progress and attainment (including implementation plan revisions submitted to satisfy CAA Sections 172(c), 

### 1S2(b)(l), 182(c)(?)(A), 182(c)(?)(B), 187(a)(7), 189(a)(l )(B), 189(b)(l)(A)and 189(d);and Sections 192(a) and 192(b),for nitrogen dioxide; and any otlier applicable CAA provisions requiring a demonstration of reasonable further progress or attainment). 

### L. "Department" means the New Mexico environment department. 

### M. "Design concept" means the type of facility identified by the project, e.g., fieeway, expressway, arterial highway, grade separated highway, reserved right-of-way rail transit, mixed traffic rail transit, exclusive busway, etc. 

### N. "Design scope" means the design aspects of a facility which will affect the proposed facility's impact on regional en~issions, usually as they relate to vehicle orperson carrying capacity and control, e.g., number of lanes or tracks to be constructed or added, length of project, signalization, access control including approximate nuniber and location of interchanges, preferential treatment for high-occupancy vehicles, etc. 

### 0. "Donut areas" are geographic areas outside a metropolitan planning area boundary, but inside the boundary of a nonattainment or maintenance area that contains any part of a ~netropolitan area(s). These areas are not isolated rural nonattainment and maintenance areas. P. 

### "FHWA"means the federal highway administration of US DOT. 

## Q- "FHWA/FTAproject", for the purpose of this part, is any highway or transit project which is proposed to receive funding assistance and approval through the federal-aid highway program or the federal mass transit program, or requires federal highway administration (FHWA) or federal transit administration (FTA)approval for some aspect of the project, such as connection to an interstate highway or deviation from applicable design standards on the interstate system. R. "Forecast period" with respect to a transportation plan is the period covered by the transportation plan pursuant to 

### 13 CFR part 450. 

### S. "FTA" means the federal transit administration of US DOT. T. "Highway project" is an undertaking to implement or modify a highway facility or lughwayrelated program. Such an undertaking consists of all required phases necessary for implementation. For analytical purposes, it shall be defied sufficiently to: 

### (1) connect logical termini and be of sufficient length to address environmental matters on a broad scope; (2) have independent utility or significance, i.e., be usable and be a reasonable expenditure even if no additional transportation improvements in the area are made; and (3) not restrict consideration of alternatives for other reasonably foreseeable transportation improvements. 

### U. "Horizon year" is a year for which the transportation plan describes the envisioned transportation system in accordance with 20.3.99.125 NMAC. 17. "Hot-spot analysis" is an estimation of likely future localized CO, PMIO, and/or PM2.5 pollutant concentrations and a comparison of those concentratious to the national ambient air quality standards. Hot-spot analysis assesses impacts on a scale smaller than the entire nonattainment ormaintenance area, including, for example, congested roadway intersections and highways or transit terminals, and uses an air quality dispersion model to determine the effects of emissions on air quality.

. ~ W. "Increase the frequency or severity" means to cause a location or region to exceed a standard more often or to cause a violation at a greater concentration than previously existed andlor would otherwise exist during the future period in question, if the project were not implemented. 

### X. "Isolated rural nonattainment and maintenance areas" are areas that do not contain or are not part of any nletropolitan planning area as designated under the transportation planning regulations. Isolated rural

areas do not have federally required nletropolitan transportation plans or TIPSand do not have prqjects that are part of the enlissions in such areas are instead included 

### in statewide transportation improvement programs. These are not donut areas. 

### Y. "Lapse" means that the conformity determination for a transportation plan orTIP has expired, and thus there is no currently conforming transportation plan and TIP. Z. "Limited maintenance plan" is a maintenance plan that EPA has determined meets EPA's limited maintenance plan policy criteria for a given NAAQS and pollutant. To qualify for a limited maintenance plan, for example, an area must have a design value that is significantly below a given NAAQS, and it must be reasonable to expect that a NAAQS violation will not result from any level of future motor vehicle emissions growth. 

### AA. "Maintenance area" means any geographic region of the United Statespreviously designated nonattainrnent pursuant to the CAA Amendments of 1990 and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan under Section 175A of the CAA, as amended. 

### AB. "Maintenance plan" means an implementation plan under Section 175Aof the CAA, as amended.



## . . AC. "Metropolitan planning organization 

### (MPO)" [[



### -1 means the policy board of an organization created as a result of the desiaation process in 23

U.S.C. 134(d). 

### AD. "Milestone" has the meaning given in CAA Sections 182(g)(l)and 189(c) for serious and above

ozone nonattainment areas and PM 10 nonattainrnent areas, respectively. For all other nonattainment areas, a milestone consists of an emissions level and the date on which that level is to be achieved as required by the applicable CAAprovision for reasonable further progress towards attainment. 

### AE. "Motor vehicle emissions budget" is that portion of the total allowable enlissions defined in the submitted or approved control strategy implementation plan revision or maintenance plan for a certain date for the purpose ofmeeting reasonable further progress n~ilestones or demonstrating attainment or maintenance of the NAAQS, for any criteria pollutant or its precursors, allocated by the SIP to highway and transit vehicle use and enlissions.

20.2.99 NMACAF. "National ambient air quality standards (NAAQS)" are those standards established pursuant to Section 

### 109 of the CAA. AG. "NEPA" means the National Environmental Policy Act of 1969,as amended, 42 U.S.C. 4321, et seq. 

### AH. "NEPA process completion", for tl~e purposes of this part, with respect to FHWA or FTA, means the point at which there is a specific action to make a determination that a prqject is categorically excluded. to make a finding of no significant impact, or to issue a record of decision on a final environmental impact statement under NEPA. 

### AI. "NMDOT" means the New Mexico department of transportation or its successor agency or authority, as represented by the department secretary or his or her designee. AJ. "Nonattainment area" means any geographic region of the United States which has been designated as nonattainment under Section 107 of the CAA for any pollutant for which a national ambient air quality standard exists. 

### AK. "Project" means a highway prolect or transit project. 

### AL. "Protective fmding" means a determination by US EPA that a submitted control strategy implementation plan revision contains adopted control measures or written commitments to adopt enforceable control measures that filly satisfy the emissions reductions requirements relevant to the statutory provision for which the implementation plan revision was submitted, such as reasonable furtherprogress or attainment. 

### AM. "Recipient of funds designated under title 23 U.S.C. or the federal transit laws" means any agency at any level of state, county: city, or regional government that routinely receives title 73 U.S.C. or federal transit law funds to construct FHWMTAprojects, operate FHWMTAprojects or equipment, purchase equipment, or undertake other services or operations via contracts or agreements. This defmition does not include private landowners or developers, or contractors or entities that are only paid for senices or products created by their own employees. 

### AN. "Regionally significant project" means a transportation project (other than an exempt project) that is on a facility which serves regional transportation needs (such as access to and from the area outside ofthe region, major activity centers in the region, major planned developments such as new retail malls, sports complexes, etc., or transportation terminals, as well as most terminals themselves) and would normally be included in the modeling of a metropolitan area's transportation network, including at a minimum: 

### (1) all principal arterial highways; and (2) all f~ed guideway transit facilities that offer an alternative to regional highway travel. AO. "Safety margin" means the amount by wliich the total projected emissions from all sources of a given pollutant are less than the total emissions that would satisfy the applicable requirement forreasonable fiuther progress, attainment, or maintenance. 

### AP. "Standard" means a national ambient air quality standard. AQ. "State implementation plan (SIP)" means an applicable implementation plan and the applicable portion (orportions) of the New Mexico state implementation plan, or most recent revision thereof, which has been approved under Section 110, or promulgated under Section 110(c),orproniulgated or approved pursuant to regulations proniulgated under Section 30 1(d) of the CAA and which implements the relevant requirements of the CAA (see the definition for "applicable implementation plan"). 

### AR. "Title 23 U.S.C." means title 

### 23 of the United States Code. AS. "Transit" is mass transportation by bus, rail, or other conveyance which provides general or special service to the public on a regular and continuing basis. It does not include school buses or charter or sigl~tseeing services. AT. "Transit project" is an undertaking to implement or modify a transit facility or transit-related program; purchase transit vehicles or equipment; or provide financial assistance for transit operations. It does not include actions that are solely within the jurisdiction of local transit agencies, such as changes in routes, schedules,

or fares. It may consist of several phases. For anaiytical purposes, it shall be defined inclusively enough to: (I) connect logical termini and be of sufficient length to address environmental matters on a broad scope; (2) have independent utility or independent significance, i.e., be a reasonable expenditure even if no additional transportation improvements in the area are made; and (3) not restrict consideration of alternatives for other reasonably foreseeable transportation improvements. AU. "Transportation control measure (TCM)" is any measure that is specifically identified and committed to in the 

### [SIP] applicable implementation plan. including a substitute or additional TCMthat is



### 20.2.99 NMACincorporated into the applicable SIP through the process established in CAA section 176(c)(81.that is either one of the types listed in Section 108 of the CAA, or any other nleasure for the purpose of reducing enlissions or concentrations of air pollutants from transportation sources by reducing vehicle use or changing traffic flow or congestion conditions. Notwithstanding the above, vehicle technology-based, fuel-based, and maintenance-based measures which control the emissions from vehicles under fixed traffic conditions are not TCMs for the purposes of this part.

### A. "Transportation improvement program (TIP)" means a [-


## -1 transportation improvement prooram developed bv a lnetropolitan planning oreanization under 23 [€R&p&4%] U.S.C. 134(i). 

### AW. "Transportation plan" rneans the official intermodal metropolitan transportation plan that is developed through the metropolitan planning process for the metropolitan planning area, developed pursuant to 7-3 CFR part 450. 

### AX. "Transportation project" is a highway project or a transit project. 

### AY. "US EPA" means the United States environmental protection agency 

### AZ. "US DOT" means the United States department of transportation. 

### BA. "Written conimitment" for the purposes of this part means a written commitment that includes a description of the action to be taken; a schedule for the con~pletion of the action; a demonstration that funding necessary to implement the action has been authorized by the appropriating or authorizing body; and an acknowledgment that the commitment is an enforceable obligation under the applicable implementation plan. [12/14/94; 11/23/98: 20.2.99.7 NMAC 

### - Rn,'70 NMAC 2.99.107, 10/31/02; A, 10/15/05;A, 9/1/07; A, 06/01/09]

20.2.99.111 

### FREQUENCY OF CONFORMITY DETERMINATIONS: A. Conformity detenninations and conformity redeterminations for transportation

## -1 &, TIPS, 

### - and FHWAFTA pro~ects liall be made according to the requirements of 20.7.99.1 1 1NMAC through 20.7.99.1 15 NMAC and the SIP. B. Durinrr the twelve (17) month mace period referenced in 20.2.99.1 12MAC.20.2.99.1 13 NMAC. and 20.2.99.1 15 NMAC. a project may be found to conform according to the requirements of this subsection (Subsection 

### B of 20.2.99.1 11NMAC) if: (1) the project is included in the currently conforming transportation plan and TIP (or regional emissions analysis): or (2) the proiect is included in the most recent conforming transportation plan and TIP (or regional enussions analysis). [12/14/94; 11/23/98; 20.2.99.1 11 NMAC - 

### Rn, 2O.NMAC 2.99.1 11, 10/31/02;A, 06/01/09]

20.2.99.112 

### FREQUENCY OF CONFORMITY DETERMINATIONS - 

### TRANSPORTATION PLANS. A. Each new transportation plan shall be found to conform before the transportation plan is approved by the MPO (or NMDOT 

### in the absence of 

### an MPO) and accepted by the US DOT. 

### B. All transportation plan [i&s&s] amendments shall be found to conform before the transportation



## . . plan [-I amendments are approved by the MPO (orNMDOT in the absence of an MPO) or accepted by the US DOT, unless the [fet.ifieA] amendment merely adds 01. deletes exempt projects listed in [70.1.99.!49] 20.2.99.151 NMAC [[ 

### . . . 

## .



# . - .-. 

# . -- 1. The conformity determination shall be based on the transportation plan and the[&] amendment taken as a whole. 

### C. The MPO and US DOT shall determine the conformity of the transportation plan (including a new regional emission analysis) no less frequently than every [&ee49] 

## four years. If more than [&we01 four (4) years elapse after US DOT'S conformity determination without the MPO and US DOT determining conformity of the transportation plan, a twelve (12) month gaceperiod will be implemented as described in Subsection 

### B of 20.2.99.1 11 NMAC. At the end of this twelve (12)month grace period. the existing confornuty determination will lapse. [12/14/94; 11/23/98; 30.2.99.1 12 NMAC - 

### Rn,20 NMAC 2.99.1 12, 10/31/01;A, 10/15/05; A, 06/01/09]

20.2.99-113 

### FREQUENCY OF CONFORMITY DETERMINATIONS 

### - TRANSPORTATION IMPROVEMENT PROGRAMS. A. A new TIP must be found to confoml before the TIP is approved by the MPO (or NMDOT in the absence of an MPO) or accepted by the US DOT.

20.2.99 

### NMAC 5

### B. A TIP amendment requires a new conformity deternunation for the entire TIP before the amendiilent is approved by the MPO (orNMDOT in the absence of an MPO) or accepted by the US DOT, unless the amendment merely adds or deletes exempt projects listed in 20.2.99.149 NMAC and has been made in accordance with the notification provisions of 20.1.99.122 NMAC. 

### C. The MPO and US DOT shall determine the conformity of the TLP (including a 

### new regional emissions analysis) no less frequently than every four (4) years. If more than four (4) years elapse after US DOT'Sconfornlitv determination without the MPO and US DOT determining conformitv on the TIP, a twelve (12) month erace period will be imvlemented as described 

### in Subsection 

### B of 20.2.99.1 11 NMAC. At the end of this twelve (12) month =ace period. the existing conformity determination will lapse. [12/14/94; 11/23/98; 20.2.99.1 13NMAC - 

### Rn, 20 NMAC 2.99.1 13, 10/31/02; A, 10/15/05; A, 06/01/09]



### 20.2.99.115 FRF.QUENCY OF CONFORMITY DETERMTNATIONS

### - TRIGGERS FOR TRANSPORTATION PLAN AVD TIP CONFORMITY DETERMINATIONS. Conformity of existing transportation plans and TIPSshall be redetermined within [-I two (2) years of the following, or after a twelve 112)month erace period (as described 

### in 20.2.99.116 NMAC) the existing conformity determination will lapse, and no new project-level conformity deternunations inay be made until conformity ofthe transportation plan and 

### TIP has been determined by the MPO and US DOT: 

### A. the date of the department's initial submission to US EPA of each control strategy implementation plan or maintenance plan establishing a motor vehicle emissions budget; 

### B. the effective date of US EPA approval of a controI strategy implementation plan revision or maintenance plan which establishes orrevises a motor vehicle emissions budget if that budget has not yet been used in a conformity determination prior to approval; and 

### C. the effective date of US EPApromulgation of an implementation plan which establishes or revises

a motor vehicle emissions budget. [12/14/94; 11/23/98; 20.2.99.1 15 NMAC - 

### Rn,20 WAC 2.99.1 15, 10/31/02; A, 10/15/05;A, 06/01/09]



### 20.2.99.122 NOTIFICATION PROCEDURF,S FOR ROUTINE ACTIVITIES. Notification of affected agencies (including those listed in Paragraph (1) of Subsection C of 20.2.99.1 16MAC)of transportation plan or TIP [fe\.ifieftfer] amendments which merely add or delete exempt projects listed 

### in 20.2.99.149 NMAC, shall be the affirmative responsibility ofNMDOT and/orthe MPO. Such notification shall be provided not later than thirty (30) days prior to the preparation of the final draft of the document or decision. This process shall include: 

### A. notification of the affected agencies (including those listed in Paragraph (1) of Subsection C of 20.2.99.116 NMAC) early in the process of decision on the final document; and 

### B. supplying all relevant documents and information to the affected agencies (including those listed in Paragraph (I)of Subsection C of 20.2.99.1 16 NMAC). [12/14/94; 11/23/98;20.2.99.122 NMAC 

### - Rn,20 NMAC 2.99.122 1013 1/02; A, 

### 10115/05; A, 06/01/09]



### 20.2.99.124 PUBLIC CONSULTATION PROCEDURES: A. Affected agencies making conformity determinations on transportation plans, programs, and projects shall establish a proactive public involvement process which provides opportunity for public review and comment by, at a minimum providing reasonable public access to technical and policy infornlation considered by the agency at the beginning of the public comment period, and prior to taking formal action on a conformity determination for all transportation plans and TIPS,and projects, consistent with the requirements of 23 CFR part 450, including sections 450.3 16 [MI 

### &,450.322(c), and 450.324(c) as in effect on the date of adoption ofthis Part. Any charges imposed for public inspection and copying should be consistent with the fee schedule contained in 49 CFR 7.43. In addition, any such agency must specifically address in writing all public comments which allege that known plans for a regionally significant project which is not receiving FHWA or FTA hnding or approval have not been properly reflected in the emissions analysis supporting a proposed conformity finding for a transportation plan or TIP. Any such agency shall also provide opportunity for public involvement in conformity determinations for projects to the extent otherwise required by law (e.g. NEPA). 

### B. The opportunity for public involvemeilt provided under this section (20.2.99.124 NMAC) shall include access to information, emissions data, analyses, models and modeling assunlptions used to perform a conformity determination, and the obligation of any such agency to consider and respond in writing to significant conunents.

20.2.99 NMAC

### C. No transportation plan, TLP. or project may be found to confoml unless the determination of confomity has been subject to a public involvement process in accordance with this section, without regard to whether the US DOT has certified any process under 7-3 CFR part 450. [12/14/94; 11/23/98;09/08/99; 20.2.99.124 NMAC - Rn, 20 NMAC 2.99.124 10/31/02;

### A, 9/1/07; A, 06/01/09]

20.2.99.125 

### CONTENT OF TRANSPORTATION PLANS AND TIMEFRAMES OF CONFORMITY DETERMINATIONS. A. Transportation plans adopted after January 1, 1997. 

### in serious, severe, or extreme ozone nonattainment areas and in serious carbon monoxide nonattainment areas. If the metropolitan planning area contains

an urbanized area population greater than two hundred thousand (200,000), the transportation plan must specifically describe the transportation system envisioned for certain future years which shall be called horizon years. (1) The agency or organization developing the transportation plan, after consultation in accordance with 20.2.99.1 16 NMAC through 20.1.99.124 NMAC: may choose any years to be horizon years, subject to the following restrictions: (a) horizon years may be no more than ten (10) years apart. (b) the first horizon year may be no more than ten (10)years from the base year used to validate the transportation demand planning model. (c) 

# [a the attainment year is must be a horizon vear if it is in the [-] timefranle 

### of transportation plan[fi] and confonnitv determination. 

### (d) the last [kwxm]year of the transportation plan's forecast period shall be [W] 

## a horizon yearad (e) if the timeframe of the conformity determination has been shortened under Subsection 

### D of this section (20.2.99.125 NMAC). the last vear of the timeframe of the conformitv determination must be a horizon 

# vear. (2) For these horizon years: (a) the transportation plan shall quantify and document the demograplic and employment factors influencing expected transportation demand, including land use forecasts, in accordance with implementation plan provisions and 20.2.99.1 16 NMAC through 20.2.99.124 MAC; (b) the highway and transit system shall be described in tem~s of the regionally significant additions or modifications to the existing transportation network which the transportation plan envisions to be operational 

### in the horizon years; additions and modifications to the highway network shall be sufficiently identified to indicate intersections with existing regionally significant facilities, and to determine their effect on route options between transportation analysis zones; each added or modified highway segment shall also be sufficiently identified in temls of its design concept and design scope to allow modeling oftravel times under various traffic volunles, consistent with the modeling methods for area-wide transportation analysis in use by the MPO; transit facilities, equipment, and services envisioned for the future shall be identified in terms of design concept, design scope, and operating policies sufficiently to allow modeling of heir transit ridership; tl~e description of additions and modifications to the transportation network shall also be sufficiently specific to show tlnt there is a reasonable relationship between expected land use and the envisioned transportation system; and (c) other future transportation policies, requirements, senices, and activities, including intermodal activities, shall be described. B. Two-year grace period for transportation plan requirements in certain ozone and CO areas. The requirements of Subsection A of 20.2.99.125 NMAC applies to such areas orportions of such areas that have previously not been required to meet these requirements for any existing NAAQS two years from the following: (1) the effective date of EPA's reclassification of an ozone or CO nonattainment area that has greater than 200,000 to serious or above; (2) the official notice by the census bureau that determines the urbanized area population of a serious

or above ozone or CO nonattainment area to be greater that 200,000; or (3) the effective date ofEPA's action that classifies a newly designated ozone or CO nonattainnlent

area that has an urbanized area population greater than 200,000 as serious or above. 

### C. Transportation plans for other areas.Transportation plans for other areas must meet the requirements of Subsection A of 20.2.99.125 NMAC at least to the extent it has been the previous practice of the MPO to prepare plans which meet those requirements. Otherwisettransportation plans must describe the transportation system envisioned for the future specifically enough to allow determination of conforinity according to the criteria and procedures of 20.2.99.128 NMAC through 20.2.99.138 NMAC. 

### D. Timeframe of confom~itv determination.

20.2.99 NMAC(1) 

### Unless an election is made under this subsection (SubsectionD of 20.2.99.125 NMAC). the timefiame of the conformitv determination shall be thoueh the last vear of the transportatioll plan's forecast period. (2) 

### For areas that do not have an adequate or approved CAA section 175A(b)maintenanceplans. the MPO mav elect to shorten the timefiame of the transportation plan and TIP conformitv determination. after consultation with state and local air quality aeencies. solicitation of public comments. and consideration of such conlments. (a) The shortened tinlefiame of the conformitv detern~ination shall extend at least to the latest of the followin4 vears: 

### (i) the tenth year of the transportation plan: 

### (ii) the latest year for which an adequate or approved motor vehicle emissions budoet(s) is established in the submitted or applicable imlementationplan: or 

### (iii) the year after the completion date of a regionally significant proiect if the project is included in the TIP or project requires approval before the subsequent conformitv determination. (b) The confonnitv determination must be accompaniedby a reeional enussions analysis (for informational purposes only) for the last vear of the transportation plan and for any vear shown to exceed motor vehicle emissionsbudnets in a prior reeional emissions analysis. if such a vear extends bevond the timefiame ofthe conformitv determination. (3) 

### For areas that have an adequate or approved CAA section 175A(b)maintenance plan. the MPO may elect to shorten the tirnefiame of the conformitv determination to extend throueh the last vear of such maintenance plan after consultation with state and local air quality agencies. solicitation of comments. and consideration of such comments. (4) 

### Any election made bv anMPO under Paragraphs (2)and (3) of Subsection D of 20.2.99.125 NMAC shall continue 

### in effect until the MPO elects otherwise. after consultation with state and local air qualitv agencies. solicitation of public comments. and consideration of such comments. 

## [&I& Savings. The requirements of this section (20.1.99.125 NMAC) supplement other requirements of applicable law or regulation governing the format or content of transportation plans. [12/14/94; 11/23/98; 20.2.99.125 NMAC - 

### Rn, 20 NMAC 2.99.125 10/31/02;A: 10/1.5/05; A, 06/01/09]

20.2.99.128 CRITERIA

### AND PROCEDURES FOR DETERMINING CONFORMITY OF TRANSPORTATION 

### PLANS, PROGRAMS,AND PROJECTS - 

### GENERAL. A. In order for each transportation plan, program, and FHWNFTA project to be found to conform the MPO and US DOT must demonstrate that the applicable criteria and procedures in this part are satisfied and the 

### MPO and 

### US DOT must comply with all applicable col~formity requirements of implementation plans and of court orders for the area which pertain specifically to confornlity. The criteria for making conformity determinations differ based on the action under review (transportation plans, TIPs, and FHWA/FTA projects or state projects), the relevant pollutant(s), and the status of the implementation plan. 

### B. The following table (table 1) indicates the criteria and procedures in 20.2.99.129 NMAC tlrough 20.2.99.138 NMAC which apply for transportation plans, TIPs, and FHWNFTAprojects. Subsections C through 

### I of this section (20.2.99.128 NMAC) explain when the budget, interim emission, and hot spot tests are required for each pollutant and NAAQS. Subsection 

### J of this section (20.2.99.12s NMAC) addresses conformity requirements for areas with approved or adequate limited maintenance plans. Subsection

### K of this section (20.2.99.128 NMAC) addresses nonattainnient maintenance areas which EPA has determined have insignificant motor vehicle en~issions. Subsection L of this 

### section (20.2.99.128 MAC) addresses isolated rural nonattainment and maintenance areas. Table 

### 1 follows. Table 1. Conformity Criteria. (1) All actions at all times (a) 20.2.99.129 NMAC. Latest planning assumptions (b) 20.2.99.130 MAC. Latest enlissions model (c) 

### 20.2.99.13 1NMAC. Consultation (2) 

### Transportation Plan (a) Subsection 

### B of 20.2.99.132 NlvIAC. TCMs (b) 

### 20.2.99.137 NMAC andlor 20.2.99.138 NMAC. E.n~issions budget and/or interim ernissioils (3) 

### TIP (a) Subsection 

### C of 20.2.99.132WAC. TCMs 

### (b) 20.2.99.137 MAC and!or 20.2.99.138 NMAC. 

### Emissions budget and /or interim emissiolls

20.2.99 NMAC(4) Project (From a conforming plan and TIP) (a) 20.2.99.13.3 NMAC. Currently conforming plan and TIP (b) 20.2.99.134 NMAC. Project from a conforming plan and TIP (c) 20.1.99.13.5NMAC. CO, PM10, and PM2.5 hot spots (d) 20.2.99.136 NMAC. PM 10and PM2.5 control measures (5) Prqject (Not &om a conforming plan and 

### TIF) (a) Subsection 

### D of 20.2.99.132 NMAC. TCMs (b) 20.2.99.133 NMAC. Currently conforming plan and TIP (c) 20.2.99.135 NMAC. CO, PMlO, and PM2.5 hot spots (d) 20.2.99.136 NMAC. PMlO and PM2.5 control measures (e) 20.2.99.137 NMAC and/or 20.2.99.1.23 NMAC. Emissions budget and/or interim emissions. 

### C. 1-hour ozone lionattainment and maintenance areas. This subsection (Subsection C of section 20.2.99.128 NMAC) applies when an area is nonattainment or maintenance for the 1-hour ozone NAAQS (i.e., until the effective date of any revocation of the 1-hour ozone NAAQS for an area). In addition to the criteria listed in table 

### 1 in Subsection 

### B of thls section (20.2.99.128 NMAC) that are required to be satisfied at all times, in such

ozone nonattainment and maintenance areas conformity determinations must include a demonstration that the budget and/or interin] emission tests are satisfied as described 

### in the following. 

### (1) In all 1 -hour ozone nonattainment and maintenance areas the budget test must be satisfied as required by 20.2.99.137 NMAC for conformity deteminations made on or after: (a) the effective data EPA's finding that a motor vehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan for the 1-hour ozone NAAQS is adequate for transportation conformity purposes; (b) the publication data of EPA's approval of such a budget in the federal register; or (c) the effective state of EPA's approval of such a budget in the federal register? if such approval is completed through direct fmal rulemaking. (2) 

### In ozone nonattainment areas that are required to submit a control strategy implementation plan revision for the 1-hourozone NAAQS (usually moderate and above areas), the interim emissions tests must be satisfied as required by 20.2.99.138 NMAC for confomuty determinations made when there is no approved motor vehicle emissions budget form an applicable implementation plan for the 1-hour ozone NAAQS and no adequate motor vehicle emissions budget form a submitted control strategy implementation plan revision or maintenance plan for the 1-hour ozone NAAQS. (3) 

### An ozone nonattainment area must satisfy the interim emissions test for NOx, as required by 20.2.99.138 NMAC, if the implementation plan or plan submission that is applicable for the purposes of conformity determinations is a fifteen percent (1

### 5%)plan or phase 

### I attainment demonstratioil that does not include a motor vehicle emissions budget for NOx. The implementation plan for the 1-hour ozone NAAQS will be considered to establish a motor vehicle emissions budget for NOx if the implementation plan or plan submission contains an explicit NOx motor vehicle emissions budget that is intended to act as a ceiling on future NOx emissions, and the NOx motor vehicle en~issions budaet is a net reduction &om NOx emissions levels in 1990. 

### - (4) Ozone nonattainrnent areas that have not submitted a maintenance plan and that are not required to subnlit a control strategy implementation plan revision for the 1-hour NAAQS (usually marginal and below areas) must satisfy one of the following requirements: 

### (a) the interim emissions tests required by 20.2.99.138 NMAC; or (b) the department shall submit to US EPA an implementation plan revision for the 1-hour

ozone NAAQS that contains motor vehicle enlissions budget(s) and a reasonable further progress or 

### an attainment demonstration, and the budget test required by 20.2.99.137 NMAC must be satisfied using the adequate or approved motor vehicle emissions budget(s) (as described in Paragraph (1) of Subsection C of 20.2.99.128 M4C). (5) Notwithstanding Paragraphs (1) and (2) of Subsection C of 20.2.99.128 NMAC, moderate and above ozone nonattainment areas with three years of clean data for the 1 -hour ozoneNAAQS that have not submitted a maintenance plan and that US EPA has determined are not sub.ject to the Clean Air Act reasonable further progress and attainment demonstration requirements for the 1-hour NAAQS must satisfy one of the following requirements: (a) the interim emissions tests as required by 20.2.99.138 NMAC; (b) the budget test as required by 20.2.99.137 NMAC, using the adequate or approved motor vehicle emissions budgets in the submitted or applicable control strategy implementation plan for the I-hour ozoile NAAQS (subject to the timing requirements of Paragraph (1) of Subsection C of 20.2.99.128 NMAC); or

20.2.99 NMAC 9(c) the budget test as required by 20.7.99.137 NMAC, using the motor vellicle emissions of ozone precursors in the most recent year of clean data as inotor vehicle emissions budgets. if such budgets are establishedby the US EPA rulelnaking that determines that the area has clean data. 

### D. 8-hour ozone NAAQS nonattainment and maintenance areas without motor vehicle enlissions budgets for the 1-hour ozone NAAQS for any portion of the 8-hour nonattainmei~t area. This subsection (Subsection

### D of section 20.7.99.128 WAC)applies to areas that were never designated nonattainment for the 1- hour ozone NAAQS but that never submitted a control strategy SIP or maintenance plan with approved or adequate motor vehicle el~lissions budgets. This subsection (Subsection

### D of section 20.1.99.128 NMAC) applies one 

### (1) year after the effective date of EPA's nonattainment designationfor the 8-hour ozone NAAQS for an area, according to Subsection

### D of 20.7.99.109 NMAC. 111the addition to the criteria listed 

### in table 

### 1 

### in Subsection

### B of 20.2.99.128 NMAC that are required to be satisfied at all times, in such 8-hour ozone nonattainnlent and maintenance areas conformity determinationsmuch include a demonstration that the budget andlor interim emissions tests are satisfied as described in the following. (1) 

### In such 8-hour ozone nonattainment and maintenance areas the budget test much be satisfied as required by section 20.2.99.137 NMAC for conformity deternlinations made on or after; (a) the effective date of EPA's finding that a motor vehicle emissions budget 

### in a submitted control strategy implementation plan revision or maintenanceplan for the 8-hour ozone NAAQS is adequate for transportation conformity purposes; (b) the publication date of EPA's approval of such a budget in the federal register; or (c) the effective date of EPA's approval of such a budget in the federal register, if such approval is con~pleted through direct fmal rulemaking. 

### (2) In ozone nonattaimlent areas that are required to submit a control strategy implementation plan revision for the 8-hour ozone NAAQS (usually moderate and above and certain Clean Air Act, part 

### D subpart 1 areas), the interim emissions tests must by satisfied as required by section 20.2.99.138 NMAC for confornlity determinations made when there is no approved motor vehicle emissions budget from an applicable implementation plan for 8-hour ozone NAAQS and no adequate motor vehicle emissions budget from a submitted control strategy implementation plan revision or maintenance plan for the 8-hour NAAQS. (3) Such an 8-hour ozone nonattainment area must satisfy the interim emissions test for NOx, as required by section 20.1.99.138 NMAC, if the implementation plan or plan subnlission that is applicable for the purposes of conformity determination is a fifteei~ percent (15%) plan or other control strategy SP that addresses reasonable further progress that does not include a motor vehicle emissions budget for NOx. The implementation plan for the 8-hour ozone NAAQS will be considered to establish a motor vehicle emissions budget for NOx if the inlplementationplan or plan submission contains an explicit NOx motor vehicle emissions budget that is intended to act as a ceiling on future NOx enlissions, and the NOx motor vehicle emissions budget is a net reduction from NOx emissions levels in 2002. (4) Ozone nonattainment areas that have not submitted a maintenance plan and that are not required to submit a control strategy implenlentationplan revision for the 8-hour ozone NAAQS (usually marginal and certain Clean 

### Air Act, part 

### D, subpart 1 areas) must satisfy one of the following requirements: (a) the interim emissions tests required by section 20.2.99.138 NMAC; or (b) the department shall submit to EPA an implementation plan revision for the 8-hour ozone NAAQS that contains nlotor vehicle emissions budget(s) and a reasonable further progress or attainment demonstration, and tile budget test required by section 20.2.99.137 NMAC must be satisfied using the adequate or approved motor vehicle emissions budget(s) 

### (as described 

### in Paragraph (I)of Subsection

### D of 20.2.99.128 NMAC). 

### (5) Notwithstanding Paragraphs (1)and (2)of Subsection 

### D of 20.2.99.128 NMAC, ozone nonattainment areas with three (3) years of clean data for the 8-hour ozone NAAQS that have not submitted maintenance plan and that EPA has determined are not subject to the Clean Air Act reasonable further progress and attainment demonstration requirements for the 9-hour ozone NAAQS must satisfy one of the following requirements: 

### (a) the interim emissions tests as required by section 20.2.99.138 NMAC; 

### (b) the budget test as required by section 20.2.99.137 NMAC, using the adequate or approved motor vehicle emissions budgets in the submitted or applicable control strategy implementationplan for the 8-hour ozone NAAQS (subject to the timing requirements of Paragraph (1) of Subsection 

### D of 20.2.99.128 NMAC; or (c) the budget test as required by section 20.2.137 NMAC, using the motor vehicle emissions of ozone precursors in the most recent year of clean data as motor vehicle emissions budgets, if such budgets are established by the EPA rulen~alcii~g that determines that the area has clean data for the 8-hour ozone NAAQS.

### E. 8-hour ozone NAAQS nonattainment and maintenance areas with motor vehicle emissions budgets for the 

### I -hour ozone NAAQS that cover all or a portion of the 8-hour nonattainment area. This provision applies one (1) year after the effective date of EPA's nonattainment designation for the &hour ozone NAAQS for an area, according to Subsection

### D of section 3.20.99.109 NMAC. In addition to the criteria listing in table 1 in Subsection 

### B of this section (2.20.2.128 NMAC) that are required to be satisfied at all times, in such 8-hour ozone nonattainment and maintenance areas conformity determinations must include a demonstration that the budget and/or interim emissions tests are satisfied as described in the following. 

### (1) In such 8-hour ozone nonattainnlent and maintenance areas the budget test must be satisfied 

### as required by section 20.2.99.137 NMAC for confomlity determinations made on or after: (a) the effective date of EPA's finding that a motor vehicle emissions budget in a submitted control strategy implementation plan revision or n~alntenance plan for the 8-hour ozone NAAQS is adequate for transportation confomuty purposes; 

### (b) the publication date of EPA's approval of such a budget in the federal register; or (c) the effective date of EPA's approval of such a budget in the federal register, is such approval is completed though direct fmal rulemaking. (2) Prior to Paragraph (1) 

## [PI of Subsection E of 20.7.99.128 NMAC



### . . applying. the following test(s) must be satisfied[fi



### - 

## . 

# - -3- (a) If the 8-hour ozone nonattainnlent area covers the same geographic area as the 1-hour

ozone nonattainment or maintenance area(s) 

### ,the budget test asrequired by section 20.2.99.137 NMAC using the approved or adequate motor vehicle emissions budgets in the 

### I -hour ozone applicable implementation plan or

- - implementation plan submission. (b) If the 8-hour ozone nonattainment area covers a smaller geographic area withthe 1 -hour

ozone nonattainment or maintenance area(s), the budget test as required by section 70.2.99.137 NMAC for either the 8-hour nonattainment area using corresponding portion(s) of the approved or adequate motor vehicle emissions budgets in the 1-hour ozone applicable implementation plan or implementation plan submission where such portion(s) can reasonably be identified through the interagency consultation process required by section 20.2.99.1 16 

### ~AC ;or the 1-hour nonattainment area using the approved or adequate motor vehicle emissions budgets in the 1- hour ozone applicable implementation plan or impleinentation plan submission. If additional emission reductions are necessary to meet the budget test for the &hour ozone NAAQS in such cases, these emissions reductions must

come &omwithin the 8-hour nonattainment area. (c) If the 8-hour ozone nonattainment area covers a larger geographic area and encompasses the entire 1-hour ozone nonattainnlent or maintenance area(s) the budget test as required by section 20.2.99.137 WAC for the portion of the 8-hour ozone nonattaiilment area covered by the approved or adequate motor vehcle emissions budgets 

### in the 1 -hour ozone applicable implementation plan or inlplen~entation plan submission; and the interim emissions tests as required by section 20.2.99.138 NMAC for either: the portion of the 8-hour ozone nonattainment area not covered by the approved or adequate budgets in the I-hour ozone implementation plan, the entire 8-hour ozone nonattainment area, or the entire portion of the 8-hour ozone nonattainrnent area within an individual state, in the case where separate I-hour SIP budgets are established for each state of a multi-state I-hour nonattainment area partially covers a 1 -hour ozone nonattainrneilt or maintenance area(s). (d) If the 8-hour ozone nonattainment area partially covers a 1-hour ozone nonattainment of maintenance area(s) the budget test as required by section 20.2.99.137 NMAC for the portion of the 8-hour ozone nonattainment area covered by the corresponding portion of the approved or adequate motor vehicle emissions budgets in the 

### I -hour ozone applicable inlplen~entation plan or implementation plan submission where they can be reasonably identified through the interazency consultation process required by section 20.2.99.1 16NMAC ;and the interim emissions tests as required by section 20.2.99.138 NMAC, when applicable, for either: the portion of the 8- hour ozone nonattainment area not covered by the approved or adequate budgets in the 1-hour ozone implementation plan, the entire 8-hour ozone nonattainment area, or the entire portion of the 8-hour ozone nonattainment area within an individual state, 

### in the case where separate I -hour SIP budgets are established for each state in a multi-state 1 -hour nonattainment or maintenance area. 

## [I C LI1 c

20.2.99 NMAC(3) Such an 8-hour ozone nonattainment area must satisfy the interim enlissions test for NOx, as required by section 20.2.99.138 NMAC, if the only implementation plan orplan submission that is applicable for the purposes of conformity detemlinations is 

### a fifteen percent (15%)plan or other control strategy SIP that addresses reasonable further progress that does not include a motor vehicle emissions budget for NOx. The implementation plan for the 8-hour ozone NAAQS will be considered to establish a motor vehicle emissions budget for NOx if the implementation plan or plan submission contains an explicit NOx motor vehicle emissions budget that is intended to act as a ceiling on future NOx emissions, and the NOx motor vehicle emissions budget is a net reduction from NOx emissions levels in 2002. Prior to an adequate or approved NOx inotor vehicle emissions budget in the implementation plan subnlission for the &-hour ozone NAAQS, the implementation plan for the l-hour ozone NAAQS will be considered to establish 

### a motor vehicle emissions budget for NOx if the implementation plan contains on explicit NOx motor vehicle emissions budget that is intended to act as a ceiling on future NOx emissions, and the NOx motor vellicle emission budget is a net reduction fiom NOx emissions levels in 1990. (4) Notwithstanding Paragraphs (1) and (2) of Subsection 

### E of this section (20.2.99.128 MAC),

ozone nonattainment areas with three years of clean data for the 8-hour ozone NAAQS that have not submitted a maintenance plan and that EPA has detennined are not subject to the Clean Air Act reasonable further progress and attainment demonstration requirement for the 8-hour ozone NAAQS must satisfy one of the following requirements: (a) the budget test andlor interim emissions tests are required by sections 20.2.99.137 NMAC and 20.2.99.138 NMAC and as described 

### in Paragraph (2) of Subsection 

### E of this section (20.2.99.128 NMAC); (b) the budget test as required by section 20.2.99.137 NMAC, using the adequate or approved motor vehicle emission budgets 

### in the submitted or applicable control strategy implementation plan for the 8-hour ozone NAAQS (subject to the timing requirements of Paragraph (1) of Subsection 

### E of 20.2.99.128 NMAC; or (c) the budget test as required by section 20.2.99.137 NMAC, using the motor vehlcle emissions of ozone precursors in the most recent year of clean data as motor vehicle emissions budgets, if such budgets are established by the EPA rulemaling that determines that the area has clean data for the 8-hour ozone NAAQS. 

### F. CO nonattainment and maintenance areas. 

### hi addition to the criteria listed in table 1

### in Subsection 

### B of 20.2.99.128 NMAC that are required to be satisfied at all times, 

### in CO nonattainment and maintenance areas conformity determinations must include a den~onstration that the hot spot, budget andlor interim emissions tests are satisfied as described in the following. (1) FHWA/FTA pro~ects in CO nonattauunent or maintenance areas must satisfy the hot spot test required by Subsection A of 20.2.99.135 NMAC at all times. Until a CO attainment demonstration or maintenance plan is approved by US EPA, FHWPJFTA projects must also satisfy the hot spot test required by Subsection 

### B of 30.2.99.135 NMAC. 

### (2) In CO nonattainment and maintenance areas the budget test must be satisfied as required by 20.2.99.137 NMAC for conformity determinations made: (a) the effective date ofEPA's finding that a motor vehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan is adequate for transportation conformity purposes; (b) the publication date of EPA's approval of such a budget in the federal register; or (c) the effective date of EPA's approval of such a budget in the federal register, if such approval is completed through direct final rulemaking. 

### (3) Except asprovided 

### in Paragraph 

### (4)of Subsection 

### F of 20.3.99.128 NMAC, in CO nonattainment

areas the interim emissions tests must be satisfied asrequired by 20.2.99.138 NMAC for conformity determinations made when there is no approved motor vehicle emissions budget from an applicable implementation plan and no adequate motor vehicle emissions budget from a submitted control strategy implenlentation plan revision or maintenance plan. (4) CO nonattaimlent areas that have not submitted a maintenance plan and that are not required to submit an attainment demonstration (e.g., moderate COareas with a design value of 12.7 ppm or less or not classified CO areas) must satisfy one of the follon~ing requirements: (a) the interim enlissions tests required by 20.2.99.138 NMAC; or (b) the department shall submit to TJS EPA an implementation plan revision that contains motor vehicle enlissions budget(s) and an attainment demonstration, and the budget test required by 20.2.99.137 NMAC must be satisfied using the adequate or approved motor vehicle emissions budget(s) 

### (as described in Paragraph 

### (2) of Subsection 

### F of 20.2.99.128 MAC).

20.2.99 NMACG. PMlO nonattainn~ent and maintenance areas. In addition to the criteria listed in table 1 

### 111 Subsection 

### B of 20.2.99.128 NMAC that are required to be satisfied at all times, in PMlO nonattaimlent and maintenance areas conformity deternlinations must include a demonstration that the hot spot, budget andor interim emissions tests are satisfied as described in the following. (1) FHWAlFTA pro~ects in PMlO nonattainment or maintenance areas must satisfy the hot spot test required by 70.2.99.135 MAC. (2) In PMlO nonattainment and maintenance areas the budget test must be satisfied as required by 20.2.99.137 NMAC for conformity deternlinations made: (a) the effective date of EPA's finding that a motor vehicle enlissions budget in a submitted control strategy implementation plan revision or maintenance plan is adequate for transportation confonnity purposes; (b) the publication date ofEPA's approval of such a budget in the federal register; or (c) the effective data of EPA's approval of such a budget in the federal register, if such approval is completed through direct final rulemaking. (3) 

### In PMlO nonattaimlent areas the interim emissions tests must be satisfied as required by 20.2.99.138 NMAC for conformity deternunations made: (a) if there is no approved motor velucle emissions budget horn an applicable implementation plan and no adequate motor vehicle emissions budget from a submitted control strategy implementation plan revision or maintenance plan; or (b) if the submitted implementation plan revision is a demonstration of impracticability under CAA Section 189(a)(l)(B)(ii)and does not demonstrate attainment. 

### H. NO2 nonattainment and maintenance areas. In addition to the criteria listed in table 1in Subsection B of 20.2.99.128 NMAC that are required to be satisfied at all times, in NO2 nonattainment and maintenance areas conformity determinations must include a demonstration that the budget and/or interim emissions tests are satisfied as described in the following. (1) 

### In NO2 nonattainment and maintenance areas the budget test must be satisfied as required by 20.2.99.1 37 NMAC for conformity determinations made: (a) the effective date of EPA's finding that a motor velucle emissions budget in a submitted control strategy implen~entation plan revision or maintenance plan is adequate for transportation conformity purposes; (b) the publication date of EPA's approval of such a budget in the federal register; or (c) the effective data of EPA's approval of such a budget in the federal register, if such approval is completed through direct fmal rulemaking. (2) In NO7 nonattainrnent areas the interim emissions tests must be satisfied asrequired by 20.2.99.138 NMAC for confornlity determinations made when there is no approved motor vehicle emissions budget from an applicable inlplementation plan and no adequate motor vehicle emissions budget from a submitted control strategy implementation plan revision or maintenance plan. 

### I. PM2.5 nonattainment and maintenance areas. In addition to the criteria listed in table 1 in Subsection B of section 20.2.99.128 NMAC that are required to be satisfied at all times, in PM2.5 nonattaiument and maintenance areas conformity determinations must include a demonstration that the budget and/or interim enfissions tests are satisfied as described in the following: 

### (1) FHWAlFTA projects in PM2.5 nonattainment or maintenance areas must satisfy the appropriate hot-spot test required by Subsection A of section 20.2.99.13.5 NMAC; (2) in PM2.5 nonattainment and maintenance areas the budget in a submitted control strategy implementation plan revision or maintenance plan is adequate for transportation conformity purposes; (a) the effective date of EPA's finding that a motor vellicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan is adequate for transportation confornlity purposes; (b) the publication date of EPA's approval of such a budget in the federal register; or (c) the effective data of EPA's approval of such a budget in the federal register, if such approval is completed through direct final rulemaking; (3) in PM2.5 nonattaimi~ent areas the interim emissions tests must be satisfied as required by section 20.2.99.138 NMAC for conformity determinations made if there is no approved motor vehicle emissions budget from an applicable implementation plan and no adequate motor vehicle emissions budget froin a submitted control strategy iniplementation plan revision or maintenance plan.

20.2.99 NMAC

### J. Areas with limited nlaintenance plans. Notwithstanding the other paragraphs of this section, an
area is not required to satisfy the regional emissions analysis for sections 20.2.99.137 NMAC and/or 20.7.99.135 NMAC for a given pollutant and NAAQS; if the area has an adequate or approved limited maintenance plan would have to demonstrate that it would be unreasonable to expect that such an area would experience enough motor vehicle emissions growth for a NAAQS violatio~ls to occur. A conformity determination that meets other applicable criteria in table 1 or Subsection 

### B of this section (20.2.99.128 NMAC) is still required. including the hot-spot requirements for projects in CO, PM 10, and PM2.5 areas. 

### K. Areas with insignificant motor vehicle emissions. Notwithstanding the other subsections in this section (20.2.99.128 NMAC). and area is not required to satisfy a regional en~issions analysis for sections 20.2.99.137 NMAC and/or 20.2.99.138 NMAC for a given pollutantiprecursor and NAAQS, if EPA finds tlrough Lhe adequacy 01. approval process that a SIP demonstrates that regional motor vehicle emissions are an insignificant contributor to the air quality problem for that pollutantiprecursor and NAAQS. The SIP would have to demonstrate that it would be unreasonable to expect that such an area would experience enough motor vehicle emissions growth 

### in that pollutantiprecursor for a NAAQS violatio~l Lo occur. Such a finding would be based on a number of factors, including the percentage of motor vehicle emissions in the context of the total SIP inventory, the current state of air quality as determined by monitoring data for that NAAQS. the absence of SIP motor vehicle control measures, and historical trends and future prosections of the growth of motor vehicle emissions. A 

### conformity determination that meets other applicable criteria in 

### table 1 or Subsection 

### B of this section (20.2.99.128 NMAC) is still required, including regional emissions analyses for sections 20.2.99.137 NMAC andlor 20.2.99.138 NMAC for other pollutantslprecursors and NAAQS that apply. Hot-spot requirements for projects 

### in CO, PM10, and PK.5areas in section 20.2.99.135 MAC must also be satisfied, unless EPA determined that the SIP also demonstrates that projects will not create new localized violations andlor increase the seventy or number of existing violations of such NAAQS. If EPA subsequently finds that inotor vehicle emissions of a given pollutant/precursor are significant, this subsection would no longer apply for future conformity determinations for that pollutant~precursor and NAAQS. 

### L. Isolated rural nonattainnlent and maintenance areas. This subsection applies to any nonattainment

or maintenance area (or portion thereof) which does not have a metropolitan transportation plan or TIP and whose projects are not part of the emissions analysis of any MPO's metropolitan transportation plan or TIP. This subsection does not apply to "donut" areas which are outside the metropolitan planning boundary and inside the nonattainmentimaintenance 

### area boundary. (1) 

### FHWMTAprojects in all isolated rural nonattainment and maintenance areas must satisfi the requirements of 20.2.99.129 NMAC through 20.2.99.131 MAC,Subsectio~l 

### D of 20.2.99.132 NMAC, 20.2.99.135 NMAC, and 20.2.99.136 NMAC. Until US EPA approves the control strategy implementation plan or maintenance plan for a rural CO nonattainment or maintenance area, FHWMTAprojects must also satisfy the requirements of Subsection 

### 3 of 20.2.99.135 NMAC ("Localized CO, PM10, and PM2.5 violations (hot spots)"). (2) Isolated rural nonattainment and maintenance areas are subject to the budget andor interim emissions tests as described 

### in Subsections C tluough 

### K of 20.2.99.128 NMAC, with the following modifications: (a) 

### when he requirements of Subsection 

### D of 20.2.99.125 NMAC. 20.2.99.135 NMAC, 20.2.99.137 NMAC and 20.3.99.138 NMAC apply to isolated rural nonattainment and maintenance areas, references to "transportation plan" or "TIP" should be taken to mean those projects in the statewide transportation plan or statewide TIP which are in the rural nonattainment or maintenance area; when the requirements of Subsection 

### D of 20.2.99.125 NMAC apply to isolated rural nonattainment and maintenance areas. references to 

### "MPO" should be taken to mean NMDOT: (b) in isolated rural nonattainment and maintenance areas that are subject to 20.2.99.137 NMAC, FHWAIFTA projects must be consistent wit11 motor velicle emissions budget(s) for the years in the timeframe of heattainment demonstration or maintenance plan; for years after the attainment year (if a maintenance plan has 

### not been submitted) or aftertlie last year of the maintenance plan, FHWA/FTA projects nus st 

### satisfy one of the following requirements: (i) 20.2.99.137 MAC; (ii) 20.2.99.138 NMAC (including regional emissions analysis for NOx in all ozone nonattaimnent and nlaintenance areas, notwithstanding Paragraph (2)of Subsection 

### F of 20.2.99.138 NMAC; or 

### (iii) as demonstrated by the air quality dispersion model or other air quality modeling technique used in the attainment demonstration or maintenance plan, the FHWAIFTA project, in combination wit11 all other regionally significant projects expected in the area in the 

### timeftame of the statewide transportation plan, must not cause or contribute to any new violation of any standard in any areas; increase the frequency or severity of any existing violation of any standard in 

### any area; or delay timely attainment of any standard or any required interim emission reductions or other milestones in ally area; control measures assumed in the analysis must be enforceable;

20.2.99 NMAC 14(c) the choice of requirements in Subparagraph (b) of Paragraph 

### (2) of Subsection 

### G of 20.2.99.128 NMAC and the methodology used to meet the requirements of item (iii) of Subparagraph (b) of Paragraph (2) of Subsection G of 20.2.99.128 NMAC must be determined through the interagency consultation process required in Paragraph (6) of Subsection 

### B of 20.2.99.1 17 NMAC and Paragraph 

### (5) of Subsection C of 20.2.99.1 17NMAC tluough which the relevant recipients of title 23 U.S.C. or federal transit laws funds, NMDOT, the department, or the local air quality agency should reach consensus about the option and niethodology selected; US EPA and US DOT must be consulted through this process as well: 

### in the event of unresolved disputes, conflicts may be escalated to the governor consistent with the procedure in 30.2.99.173 NMAC: which applies to department comments on a conformity determination. [12/14/94; 11/23/98;20.2.99.178 NMAC - 

### Rn, 20 NMAC 2.99.128 1013 1/02; A; 10/15/05;A, 9/1/07; A. 06/01/09]

20.2.99.133 

### CRITERIA AND PROCEDURES 

### - CURRENTLY CONFORMING TRANSPORTATION PLAN AND TIP: There must be a currently conforming transportation plan and currently conforming TIP at the time of project approval, or a proiect must meet the requirements in Subsection 

### B of 20.2.99.1 1 1NMAC durino the twelve (12) month lapse orace period. Only one conforming transportation plan or TIP may exist in an area at any time; conformity determinations of a previous transportation plan or TIP expire once the conformity determination for the current plan or TIP is made by US DOT. The conformity determination on a transportation plan orTIP will also lapse if conformity is not determined according to the frequency requirements of 20.2.99.1 11NMAC through 20.2.99.1 15 NMAC. This criterion is not required to be satisfied at the time of proiect approval for a TCM specifically included in the SIP,provided that all other relevant criteria of this Part are satisfied. [12/14/94; 11/23/98; 20.2.99.133 NMAC - 

### Rn, 20 NMAC 2.99.133 10/31/02;A, 06/01/09]

20.2.99.134 

### CRITERIA AND PROCEDWS

### - PROJECTS FROM A 

### TRANSPORTATION PLAN AND TIP: A. The prolect must come from a conforming transportation plan and TIP. If this criterion is not satisfied, the project must satisfy all criteria in table 1 of Subsection 

### B of 20.7.99.128 NMAC for a project not from a conforming transportation plan and TIP. A project is considered to be from a conforming transportation plan if it meets the requirements of Subsection 

### B of 20.2.99.134 NMAC and from a conforming 

### TIP if it meets the requirements of Subsection C of 20.2.99.134 NMAC. Special provisions for TCMs in an applicable implenlentation plan are provided 

### in Subsection 

### D of 20.1.99.134 NMAC. 

### B. A project is considered to be from a conforming transportation plan if one of the following conditions apply: 

### (1) for projects which are required to be identified in the trailsportation plan in order to satisfy 20.2.99.125 NMAC, the project is specifically included in the conforming transportation plan and the project's design concept and scope have not changed significantly from those which were described 

### in the transportation plan,

or in a manner which would si-enificantly impact use of the facility; or 

### (2) for projects which are not required to be specifically identified in the transportation plan, the project is identified in the conforming transportation plan, or is consistent with the policies and purpose of the transportation plan and will not interfere with other projects specifically included in the transportation plan. 

### C. A project is considered to be &om a conforming 

### TIP if the following conditions are met: (1) the project is included in the conforming TIP and the design concept and scope of the project

were adequate at the time of the 

### TIP conformity determination to determine its contribution to the TIP'Sregional emissions, and the project design concept and scopehave not changed significantly from those which were described 

### in the TIP; and (2) if the 

### TIP describes a project design concept and scope which includes project-level emissions mitigation or control measures, written commitments to implement such measures must be obtained froin the project sponsor andlor operator as required by Subsection A of 20.2.99.148 NMAC in order for the project to be considered to be fron~ aconforming program; any change in these mitigation or control measures that would significantly reduce their effectiveness constitutes a change in the design concept and scope of the project. 

### D. TCMs: This criterion is not required to be satisfied for TCMs specifically included in an applicable implementation plan. 

### E. Notwithstandinc the reauirements of Subsections A. 

### B. and C of tlus section (70.2.99.134 NMAC). a proiect must meet the requirements of Subsection 

### B of 20.2.99.1 11 NMAC durino,the twelve (12) month lapse qrace period. [12/14/94; 11/23/98; 20.2.99.134 NMAC - 

### Rn,20 NMAC 2.99.131 10131/02;A, 06/01/09]

20.2.99 NMAC20.2.99.135 

### CRITERIA AND PROCEDURES 

### - LOCALIZED CO, PMIO, 

### AND 

### PM2.5 VIOLATIONS (HOT SPOTS). A. This [pmgiqk]subsection (Subsection 

### A of 20.2.99.135 

### NMAC) applies at all times. The 

### FHWAFTA project must not cause or contribute to any neiv localized 

### CO, PMI 0, and/or PM2.5 violations or increase the .frequencyor severity of any existing 

### CO, PM10, andlor PM2.5 violations in 

### CO,PMlO, and PM2.5 nonattainment and maintenance areas. l'his criterion is satisfied without 

### a hotspot analysis 

### in PMlO and PM2.5 nonattainrnent and maintenance areas for 

### FHWAIFTA projects that are not identified in Paragraph (1) of Subsection 

### B of 20.2.99.148 

### NMAC. This criterion is satisfied for all other 

### FHWAFTA projects in 

### CO, PM10, and PM2.5 nonattainment and maintenance areas if it is demonstrated that during the time kame of the transportation plan 

### [fer

. . rp";..--'] no new local violations will be created and the severity or number of existing violations will not be increased as a result of the project. The demonstration shall be performed according to the consultation requirements of Subsection 

### A of 20.2.99.120 

### NMAC and the methodology requirements of 20.2.99.148 

### NMAC. 

### B. This 

## -1 §ion (Subsection 

### B of 20.2.99.135 

### NMAC) applies for 

### CO nonattainnlent

areas as described in Paragraph (1) of Subsection 

### F of 20.2.99.128 

### NMAC. Each 

### FHWA/FTA project nust eliminate or reduce the severity and number of localized 

### CO violations in the area substantially affected by the project (in 

### CO nonattainment areas). This criterion is satisfied with respect to existing localized 

### CO violations if it is demonstrated that during the time kame of the transportation plan (or regional emissions analysis) existing localized 

### CO violations will be eliminated or reduced in severity and number as a result of the project. The demonstration must be performed according to the consultation requirements of Subsection 

### A of 20.2.99.120 

### NMAC and the methodology requirenlemlts of 7-0.1.99.146

### NMAC. [12/14/94; 11/23/98; 20.7.99.135 

### NMAC 

### - Rn,20 

### NMAC 2.99.135 10/31/02;

### A, 10/15/05; 

### A, 9/1/07; A, 06/01/09]

20.2.99.137 

### CRITElUA AND 

### PROCEDURES 

### - MOTOR VEHICLE EMISSIONS BUDGET. A. The transportation plan, 

### TIP, and project not kom a conforming transportation plan and TIP must be consistent with the motor vehicle emissions budget(s) in the applicable control strategy implementation plan (or implementation plan submission). This criterion applies as described in Subsections 

### C through 

### L of 20.7.99.128 

### NMAC. 

### This criterion is satisfied if it is demonstrated that en~issions ofthe pollutants or pollutant precursors described in Subsection 

### C of 20.2.99.137 

### NMAC are less than or equal to the motor vehicle emissions budget(s) established in the applicable implementation plan or implementation plan submission. 

### B. Consistency with the inotor vehicle emissions budget(s) must be demonstrated for each year for which the appIicable (and/or submitted) implementation plan specifically establishes motor vehicle emissions budget(s), for the attainment year (ifit is within the time kame of the transportation plan and conformity determination), for the last year of the 

## [p timehme ofthe confomlitv determination (as described under Subsection 

### D of 20.2.99.175 

### NMAC), and for any intermediate years within the timeframe of the conformitv determination as necessary so that the years for which consistency is demonstrated are
no more than ten years apart, as follows. (1) Until a maintenance plan is submitted: (a) emissions in each year (such as milestoile years and the attainment year) for which the control strategy implementation plan revision establishes motor vehicle emissions budget(s) must be less than or equal to that year's motor vehicle emissions budget(s); and 

### (b) emissions in years for which no motor vehicle emissions budget(s) are specifically established must be less than or equal to the motor vehicle emissions budget(s) established for the most recent prior year; for example, emissions in years after the attainment year for which the implementation plan does not establish

a budget must be less than or equal to the motor vehicle emissions budget(s) for the attainment year. (2) When a maintenance plan has been submitted: (a) emissions must be less than or equal to the motor vehicle emissions budget(s) established for the last year of the maintenance plan, and for any other years for which the maintenance plan establishes motor vehicle emissions budgets; if the maintenance plan does not establish motor vehicle en~issions budgets for any years other than the last year of the maintenance plan, the demonstration of consistency with the motor vehicle e~nissions budget(s) must be accompanied by a qualitative finding that there are no factors which would cause or contribute to

a new violation or exacerbate an existing violation in the years before the last year of the mailltenance plan; the interagency consultationprocess required by 20.2.99.1 16

### NMAC through 20.2.99.124 

### NMAC shall determine what must be considered 

### in order to make such a finding; (6) for years after the last year of the maintenance plan, emissions must be less than or equal to the maintenance plan's motor vehicle emissions budget(s) for the last year of the maintenance plan;

20.2.99 

### NMAC(c) if an approved and/or submitted control strategy implementation plan has established motor

.- vehicle emissions budgets for years in the timeframe of the transportation plan, emissions in these years must be less than or equal to the control strategy implementation plan's motor vehicle emissions budgetis) for these years: and (d) for any analysis years before the last year of the maintenance plan, emissions must be less than or equal to the motor vehicle en~issions budget(s) established for the most recent prior year. C. Consistency with the motor vehicle emissions budget(s) must be demonstrated for each pollutant

or pollutant precursor in Subsection B of 20.1.99.109 NMAC (or 10.7.99.101 NMAC) for which the area is in nobattainrneit or maintenance and for which the applicable implementation plan (or implementation plan submission) establishes a motor vehicle emissions budget. 

### D. Consistency with the motor vehicle emissions budget(s) must be demonstrated by including emissions kom the entire transportation system, including all regionally significant prolects contained in the transportation plan and all other regionally significant highway and transit projects expected in the nonattai~lent or maintenance area in the timeframe of the transportation plan. (1) Consistency with the motor vehicle enussions budget(s) must be demonstrated with a regional emissions analysis that meets the requirements of 20.2.99.141 NMAC through 20.3.99.147 NMAC and 20.7.99.120 NMAC. (2) The regional emissions analysis may be perfomled for any years in the timekame of the [- 

## -1 conformitv determination (as described under Subsection 

### D of 20.2.99.125 NMAC) provided

they are not more than ten years apart and provided the analysis is performed for the attainment year (if it is in the timekame of the transportation plan and conformity determination) and the last year of the 

# [v
timeframe for the conformitv determination. Emissions in years for which coiisistency with motor vehicle en~issions budgets must be demonstrated, as required in Subsection 

### B of 20.2.99.137 NMAC, may be determined by interpolating between the years for which the regional emissions analysis is performed. (3) When the timekame of the conformitv determination is shortened under Paragraph (2) of Subsection D of 20.2.99.125 NMAC. the conformity determination 111ustbe accompanied by a regional emissions analysis (for informational purposed only) for the last vear of the b-ansportationplan. and for any vear shown to exceed motor vehicle emissions budoets in a prior reoional emissions analvsis (if such a vear extends bevond the timekame of the conformitv determination). 

### E. Motor vehicle emissions budgets in submitted control strategy implementation plan revisions and submitted maintenance plans. (1) Consistency with the motor vehicle enussions budgets in submitted control strategy implementation plan revisions or maintenance plans must be demonstrated if US EPA has declared the motor vehicle emissions budget(s) adequate for transportation confonnity purposes, and the adequacy finding is effective. However, motor vehicle emissionsbudgets in submitted implementation plans do not supersede the motor vehicle emissions budgets in approved implementation plans for the same Clean 

### Air Act requirement and the period of years addressed by the previously approved implementation plan, unless US EPA specifies otherwise in its approval of a SIP. (2) If US EPA has not declared an implementation plan submission's motor vehicle emissions budget(s) adequate for transportation conformity purposes, the budget(s) shall not be used to satisfy the requirements of this section. Consistency with the previously established motor vehicle emissions budget(s) must be demonstrated. If there are no previously approved implementation plans or implementation plan submissioils with adequate motor vehicle emissions budgets, the interim enlissions tests requiredby20.2.99.138 NMAC must be satisfied. (3) If US EPA declares an implementation plan submission's motor vehicle emissions budget(s) inadequate for transportation conformity purposes and conformity of a trai~sportation plan or TIP has already been determined by US DOT using the budget(s), the conformity determination will remain valid. Projects included 

### in that transportation plan or 

### TIP could still satisfy 20.2.99.133 NMAC and 20.1.99.134 NMAC, which require a currently conforming transportation plan and 

### TIP to be in place at the time of a project's conformity determination and that projects come from a conforming transportation plan and 

### TIP. (4) US EPA will not find a motor vehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan to be adequate for transportation conformity purposes unless the following minimum criteria are satisfied: (a) the submitted control strategy implen~e~~tation plan revision or inaintenance plan was endorsed by the governor (or his or her designee) and was subject to a state public hearing;

20.2.99 NMAC(b) before tlie control strategy inlplementation plan or maintenance plan was submitted to US EPA, consultation among federal. state, and local agencies occurred; full implementation plan docunlentation was provided to US EPA; and US EPA's stated concerns, if any, were addressed; (c) the motor vehicle emissioilsbudget(s) is clearly identified and precisely quantified: (d) the motor vehicle emissions budget(s1, when considered together with all other enlissions sources, is consistent with applicable requirements for reasonable further progress, attainment, or maintenance (whichever is relevant to thegiven implementation plan submission); 

### (e) the motor vellicle emissions budget(s) is consistent with and clearly related to tlie emissions inventory and the control measures in the subinitted control strategy implementation plan revision or maintenance plan; and 

### (f) revisions to previously submitted control strategy implementation plans or maintenance plans explain and document any changes to previously submitted budgets and control measures; impacts on point and area source emissions; any changes to established safety margins (see Subsection A0of 20.2.99.7 NMAC for defmition); and reasons for the changes (including the basis for any changes related to emission factors or estimates of vehicle miles traveled). (5) Before determining the adequacy of a submitted niotor vellicle emissions budget, US EPA will review the department's compilation of public comments and response to comments that are required to be submitted with any implementation plan. US EPA will document its consideration of such conllllents and responses in a letter to the department indicating the adequacy of the submitted motor vehicle emissions budget. 

### (6) When the motor vehicle emissions budget(s) used to satisfy the requirements of this section are established by an implementation plan submittal that has not yet been approved or disapproved by US EPA, the MPO and US DOT'Sconformity determinations will be deemed to be a statement that the 

### MPO and US DOT are not
aware of any information that would indicate that enlissions consistent with the motor vehicle enlissions budget will

cause or contribute to any new violation of any standard; increase the frequency or severity of any existing violation of any standard; or delay timely attainment of any standard or any required interim emission reductions or other milestones. 

### F. Adequacy review process for implementation plan submissions. US EPA will use the procedure listin2 in Paragraph (1) of Subsection 

### F of this section (20.2.99.137 NMAC) to review the adequacy of an implementation plan. 

### (1) When US EPA reviews the adequacy of an implementation plan submission prior to EPA's final action on the implementation plan: (a) US EPA will notify tlie public through US EPA's website when US EPA receives an implenlentation plan submission that will be reviewed for adequacy; 

### (b) the public will have a minimum of 30 days to comment on the adequacy of the implementation plan submission; if the complete implementation plan is not accessible electronically through the internet and a copy is requested within fifteen (15) days of the date of the website notice, the comment period will be extended 30 days from the date that a copy of tlie iillylementation plan is mailed; (c) after the public conmlent period closes, US EPA will inform the department in writing whether US EPA has found the submission adequate or inadequate for use in transportation conformity, including response to any comments submitted directly and review of comnlents submitted through the department process, or US EPA will include the determination of adequacy or inadequacy in a proposed or final action approving or disapproving the implementation plan under Subparagraph (c) of Paragraph (2) of Subsection 

### F of this section (20.2.99.137 NMAC); (d) US EPA will publish a federal register notice to infornl the public of US EPA's finding; if EPA finds the submission adequate, the effective date of this finding will be fifteen (15) days from the date the notice is published as established in the federal register notice, unless US EPA is taking a final approval action on the SIP as described in Subparagraph (c) ofParagraph (2) for Subsection 

### F for this section (20.2.99.137 NMAC); (e) US EPA will announce whether the implementation plan subn~ission is adequate or inadequate for use in transportation conformity on US EPA's website; the website will also include US EPA's response to conlrnents of any conlments were received during the public conmments period; (f) if after US EPA has found a subn~ission adequate, US EPA has cause to reconsider this finding, US EPA will repeat actions described in Subparagraphs (a) through (e) of Paragraph (1) of Subsection 

### F or Paragraph (2) of'Subsection

### F of 20.2.99.137 

### NMAC unless US EPA determines that there is no need for additional public comment given the deficiencies of the inlplementation plan submission; in all cases where US EPA reverses its previous finding to a finding of inadequacy under Paragraph (1) of Subsection 

### F of20.2.99.137 NMAC, such a finding will become effective imiediately upon the date of US EPA's letter to the department;

20.2.99 NMAC(g) if after EPA has found a submission inadequate. US EPA has cause to reconsider the adequacy of that budget, US EPA will repeat actions described in Subparagaphs (a) through (e) of Paragraph (I)of this section (20.2.99.137 NMAC). (2) WenUS EPA reviews the adequacy of an inlplementation plau submission sin~ultaneously with US EPA's approval or disapproval of the implementation plan: (a) US EPA's federal register notice ofproposed or direct fmal rulemaking will serve to notify the public that US EPA will be reviewing the implementation plan subnlission for adequacy; (b) the publication of the notice of proposed rulemaking will start a public commentperiod of at least thirty (30) days; (c) US EPA will indicate whether the implementation plan subinission is adequate and thus can be used for conformity either in US EPA's fmal rulemaking or through the process described in Subparagraphs (c) through (e) of Paragraph (1) of Subsection 

### F of this section (20.2.99.137 NMAC); if US EPA makes an adequacy finding through a final rulemaking that approves the implementation plan subnlission: such a fmding will become effective upon the publication date of US EPA's approval in the federal register, or upon the effective date of US EPA's approval if such action is conducted through direct final rulemalung; US EPA will respond to comments received directly and review comments submitted through the department process and include the response to comments 

### in the applicable docket. [12/14/94; 11/23/98; 20.2.99.137 NMAC 

### - Rn, 20 TU'MAC 2.99.137 1013 1/02; A: 10/15/05;A, 06/01/09]

20.2.99.138 

### CFUTEFUA AND PROCEDURES 

### - INTERIM EMISSIONS 

### M AREAS WITHOUT MOTOR VEHICLE EMISSIONS BUDGETS. A. The transportation plan, TIP, and project not from a conforming transportation plan and TIP must satisfy the interim emissions test(s) as described 

### in Subsections C through 

### L of 20.2.99.128 NMAC. This criterion applies to the net effect of the action (transportation plan, TIP, or pro~ect not from a conforming transportation plan and TIP) on motor vehicle emissions from the entire transportation system. 

### B. Ozone areas. The requirements of this subsection (Subsection 

### B of 20.2.99.138 WAC)apply to all 

### I -hour ozone and 8-hour ozone NAAQS areas, except for certain requirements as indicated. This criterion may be met. 

### (1) In moderate and above ozone nonattainment areas that are subject to the reasonable further progress requirements of CAA Section 182(b)(l)if a regional emissions analysis that satisfies the requirements of 20.2.99.141 NMAC through 20.2.99.147 NMAC and Subsections 

### G through 

### L of 20.2.99.138 NMAC demonstrates that for each analysis year and for each of the pollutants described in Subsection 

### F of 20.2.99.138 NMAC: (a) the en~issions predicted in tile "action" scenario are less than the emissions predicted in the "baseline" scenario, and this can be reasonably expected to be true 

### in the periods between the analysis years; and (b) the en~issions predicted in the "action" scenario are lower than 1990 emissions by any nonzero amount, in areas for the 1-hourozone NAAQS as described in Subsection C of section 20.2.99.128 NMAC;

or the 2002 emissions by any nonzero amount. in areas for the 8-hour ozone NAAQS as described 

### in Subsections 

### D and E of 20.2.99.128 NMAC. (2) In marginal and below ozone nonattainment areas and other ozone nonattainment areas that are not subject to the reasonable further progress requirements ofthe Clean 

### Air Act Section 182(b)(l)if a regional emissions analysis that satisfies the requirements of section 20.2.99.141 NMAC through 20.2.99.147 NMAC and Subsection G through 

### J of 30.2.99.138 NMAC demonstrates that for each analysis year and for each of the pollutants described in Subsection 

### F of 20.2.99.138 NMAC: (a) the emissions predicted in the "action" scenario are not greater than the emissionspredicted in the "baseline" scenario, and this can be reasonably expected to be true in the periods between the analysis years;

or (b) the emissions predicted in the "action" scenario are not greater than the 1990 emissions, in

areas for the I-hour NAAQS as described 

### in Subsection C of 20.2.99.1 28 NMAC; or the 2002 emissions, in areas for the 8-hour ozone NAAQS asdescribed in Subsections 

### D and E for 20.2.99.128 NMAC. 

### C. CO areas. This criterion may be met: (1) in moderate areas with design values greater than 12.7 ppm and serious CO nonattainment areas that are subject to Clean Air Act Section 187(a)(7)if a regional emissions analysis that satisfies they requirements of sections 20.2.99.141 NMAC through 20.2.99.147 NMAC and Subsections 

### G tluough 

### J of 20.2.99.138 NMAC demonstrates that for each analysis year and for each of the pollutants described in Subsection 

### F of 20.1.99.138 NMAC:

20.2.99 NMAC 19(a) the emissions predicted in the "action" scenario are less than the enlissions predicted in the "baseline" scenario, and this can be reasonably expected to be true in the periods between the allalysis years; and (b) the emissions predicted in the "action" scenario are lower than 1990 emissions by any noiuero amount. 

### (2) in moderate areas with design values less than 13.7 ppm and not classified CO nonattainnlent

areas if a regional enlissions analysis that satisfies the requirements of sections 20.2.99.141 NMAC through 20.2.99.147 NMAC and Subsections 

### G through ;I of 20.2.99.13s NMAC demonstrates that for each analysis year and for each of the pollutants described in Subsection 

### F of 70.2.99.138 NMAC: 

### (a) the emissions predicted in the "action" scenario are not greater than the emissions predicted in the "baseline" scenario, and this can be reasonably expected to be true in the periods between the analysis years;

or 

### (b) the emissions predicted 

### in the "action" scenario are not greater than 1990 emissions. 

### D. PMlO and NO2 areas. This criterion may be met in PMlO and NO2 nonattaimnent areas if a regional en~issions analysis that satisfies the requirements of 20.2.99.141 NMAC through 20.2.99.147 NMAC and Subsections 

### G through J of 20.2.99.138 MAC demonstrates that for each anaIysis year and for each of the pollutants described in Subsection

### F of 20.7.99.138 NMAC, one of the followillgrequirements is met: 

### (1) the emissions predicted 

### in the "action" scenario are not greater than the emissions predicted in the "baseline" scenario, and this can be reasonably expected to be true in the periods between the analysis years; or (2) the emissions predicted in the "action" scenario are not greater than baseline emissions; baseline emissions are those estimated to have occurred during caIendar year 1990, unless the conformity implementation plan revision required by 40 

### CFR 51.390 defines the baseline emissions for a PM10 area to be those occurring in a different calendar year for which a baseline enlissions inventory was developed for the purpose of developing a control strategy implementation plan. 

### E. PM2.5 areas. This criterion maybe met in PM2.5 nonattainment areas if a regional emissions analysis that satisfies the requirements of sections 20.7.99.141 NMAC through 20.2.99.147 NMAC and Subsections 

### G through 

### J of 20.2.99.138 NMAC demonstrates that for each anaIysis year and for each of the pollutants described in Subsection 

### F of 20.2.99.138 NMAC, one of the following requirements is met: (1) the emissions predicated in the "action" scenario are not greater than the enlissions predicted in the "baseline" scenario, and this can be reasonably expected to be true in the periods between the analysis years; or (2) the enlissions predicted in the "action" scenario are not greater that 2002 emissions. 

### F. Pollutants. The regional emissions analysis must be performed for the following pollutants: (1) VOC 111 ozone areas; (2) NOx in ozone areas, unless the US EPA administrator determines that additional reductions of NOx would not contribute to attainment; (3) CO in CO areas; 

### (4) PM10 in PM 10areas; (5) VOC andlor NOx in PM10 areas if the US EPA regional administrator or the department has made a finding that such precursor emissions from within the area are a significant contributor to the PMlO nonattainment problem and has so notified the MPO and US DOT; (6) NOx in NO2 areas; 

### (7) PM2.5 areas; 

### (8) re-entrained road dust in PM2.5 areas only if the US EPA regional administrator or the department has made a finding that eillissions from re-entrained road dust within the area are a si,onificant conhibutor to the PM2.5nonattainment problem and has so notified the MPO and US DOT; (9) nitrogen oxides in PM2.5 areas, unless the EPA regional administrator and the department have made a finding that emissions of nitrogen oxides from within the area are not a significant contributor to the PM2.5 nonattainment problem and has so notified the MPO (or the NMDOT in the absence of an MPO) and US DOT; and (10) VOC, [S&J 

### SO' and/or ammonia in PM2.5 areas if the EPA regional administrator or the department has made a finding that any of such precursor emissions fiom within the area are a si-~ficant contiibutor to the PM2.5 nonattainnlent problem and has so notified the MPO (or the NMDOT in the absence of 

### an MPO) and US DOT. G. Analysis years. (1) The regional enlissions analysis must beperformed for analysis years that are no more than ten (10) years apart. The fist analysis year n~ust be 

### no more than five (5) years beyond the year in which the conformity detennination is being made. The last year of 

## [PI the titimeframeof the conformity determination 

### (as described under Subsection D of 20.2.99.125 NMAC) ntust also be an analysis year.

20.2.99 NMAC 20(2) For areas using Subparagraph (a)of Paragraph (2) of Subsection B of section 20.2.99.138NMAC, Subparagraph (a) of Paragraph (7)of Subsection C of section 20.2.99.138 MAC.Paragraph (1) of Subsection 

### D of section 20.2.99.138 NMAC, and Paragraph (1) of Subsection 

### E of section 30.2.99.138 NMAC. a regional emissions analysis that satisfies the requirements of sections 20.2.99.141 NMAC through 20.2.99.147 NMAC and Subsections 

### G tlGough 

### J of section 20.3.99.138 would not be required for analysis years in which the transportation projects and planning assumptions in the "action" and "baseline" scenarios are exactly the same. In such 

### a case, Subsection A of section 20.2.99.138 NMAC can be satisfied by documenting that the transportation prolects and planning assumptions in both scenarios are exactly the same, and consequently, the emissions predicted in the "action" scenario are not greater than the enlissions predicted in the "baseline" scenario for such analysis years. (3) When the timeframe of the conformitvdetermination is shortened under Paragrap11(2)of Subsection 

### D of 20.2.99.125 NMAC. the conformitv determination must be accompanied bv a regional emissions analvsis (for infomlational purposes onlv) for the last vear of the transportation plan. 

### H. "Baseline" scenario. The regional emissions analysis required by Subsections B and 

### E of 20.2.99.138 NMAC must estimate the emissions that would result from the "baseline" scenario in each analysis year. The "baseline" scenario must be defined for each of the analysis years. The "baseline" scenario is the future transportation system that will result from current programs, including the following (except that exempt projects listed in Subsection A of 20.2.99.149 NMAC and projects exempt from regional enlissions analysis as listed in Subsection B of 20.2.99.149 NMAC need not be explicitly considered): 

### (1) all in-place regionally significant highway and transit facilities, services and activities; (2) all ongoing travel demand management or transportation system management activities; and (3) completion of all regionally significant prolects, regardless of funding source, which are currently under construction or are undergoing right-of-way acquisition (except for hardship acquisition and protective buying); come from the first year of the previously conforming transportation plan andlor TLP; or have completed the NEPA process. 

### I. "Action" scenario. The regional enlissions analysis required by Subsections 

### B and 

### E of 20.2.99.138 NMAC must estimate the emissions that would result from the "action" scenario in each analysis year. The "action" scenario must be defined for each of the analysis years. The "action" scenario is the transportation system that would result from the implenlentation of the proposed action (transportation plan, TLP, or project not fkom a conforming transportation plan and TIP) and all other expected regionally significant prolects in the nonattainrnent area. The "action" scenario must include the following (except that exempt projects listed in Subsection A of 20.2.99.149 NMAC and projects exempt from regional emissions analysis as listed in Subsection 

### B of 20.3.99.149 NMAC need not be explicitly considered): 

### (1) all facilities, services, and activities in the "baseline" scenario; 

### (2) coinpletion of all TCMs and regionally significant projects (including facilities, services, and activities) specifically identified in the proposed transportation plan which will be operational or in effect in the analysis year, except that regulatory TCMs may not be assumed to begin at a future time unless the regulation is already adopted by the enforcing jurisdiction or the TCM is identified in the applicable implementation plan; (3) all travel demand management programs and transportation system management activities known to the MPO: but not included in the applicable inlplementation plan or utilizing any federal hnding or approval, wllich have been hlly adopted and/or hnded by the enforcingjurisdiction or sponsoring agency since the last confomity determination; (4) the incremental effects of any travel demand management programs and transportation system management activities known to the MPO, but not included in the applicable implementation plan or utilizing any federal hnding or approval, which were adopted and/or hnded prior to the date of the last conformity detennination,but which have been modified since then to be nlore stringent or effective; (5) completion of all expected regionally significant highway and transit projects which are not fiom a conforming transportation plan and TIP; and (6) completion of all expected regioilally significant non-FHWAIFTA highway and transit projects that have clear funding sources and comnlitnlents leading toward their implementation and completion by the analysis year. 

### J. Projects not from a confomling transportation plan and TIP. For the regional en~issions analysis required by Subsections B and 

### E of20.2.99.1 38 MAC, if the project which is not from a conforming transportation plan and TIP is a modification of a project currently in the plan or TIP, the "baseline" scenario must include the project with its original design concept and scope, and the "action" scenario must include the project with its new design concept and scope. [12/14/94; 11/23/98; 20.2.99.138 NMAC 

### - Rn, 20 NMAC 2.99.138 10/31/07; A, 10/15/05; A, 9/1/07; A: 06/01/09]

20.2.99 NMAC 2 120.2.99.139 

### CONSEQUENCES OF CONTROL STRATEGY IMPLEMENTATIONPLAN FAILURES. A. Disapprovals. 

### (1) If US EPA disapproves any submitted control strategy implementation plan revision (with or without a protective finding),the confornlity status of the transportation plan and TIP shall lapse on the date that highway sanctions as a result of the disapproval are imposed on the nonattainnlent area under Section 179(b)(l)of the CAA. No new transportation plan. TIP, or project may be found to conform until another control strategy implementation plan revision fulfilling the same CAA requirements is submitted and conformity to this submissioi~ is determined. (2) If US EPA disapproves a submitted control strategy implementation plan revision without making

a protective fmding, only projects in the first [w] four (4) years of the curreiltly conforming trailsportation plan and TIP or that meet the reauirements of Subsection 

### B of 20.2.99.1 11NMAC during the 12-month lapse grace period may be found to conform. This means that beginning on the effective date of a disapproval without a protective finding; no transportation plan, 

### TIP, orpro-jectnot in the first [&ee424] four (4)years of the curreiltly conforming transportation plan and 

### TIP or that meets the reauirements of Subsection 

### B of 20.2.99.11 1NMAC during the ]?-month lapse grace period may be found to conform until another control strategy implementation plan revision fulfilling the same Clean hAct requirements is submitted. US EP.4 finds its motor vehicle emissions budget(s) adequate pursuant to section 20.2.99.137 NMAC or approves the submission, and conformity to the implementation plan revision is determined. (3) 

### In disapproving a control stratea implementation plan revision, US EPA would give a protective finding where a submitted plan contains adopted control measures or written conlmitments to adopt enforceable control measures that fully satisfy the emissions reductions requirements relevant to the statutory provision for which the implementation plan revision was submitted; such as reasonable further progress or attainment. 

### B. Failure to submit and incompleteness. In areas where US EPA notifies the department, MPO, and 

### US DOT of the department's failure to submit a control strategy implementation plan or submission of an incomplete control strategy implementation plan revision (either of which initiates the sanction process under CAA Sections 179 or 110(m)), the conforn~ity status of the transportation plan and TIP shall lapse on the date that highway sanctions are imposed on the nonattainment area for such failure under Section 179(b)(l)of the CAA, unless the failure has been remedied and acknowledged by a letter from the US EPA regional administrator. 

### C. Federal implementation plans. If US EPA promulgates a federal implementation plan that contains motor vehicle emissions budget(s) as a result of a department failure: the corlformity lapse imposed by 20.2.99.139 NMAC because of the department failure is removed. [12/14/94; 11/23/98; 20.2.99.139 NMAC
- 

### Rn, 20 NMAC 2.99.139 10/31102;A, 10/15/05;A, 06/01/09]

20.2.99.140 

### REQUIREMENTS FOR ADOPTION OR APPROVAL OF PROJECTS BY OTHER RECIPIENTS OF FUNDS DESIGNATED UNDER TITLE 23 

### U.S.C. OR THE FEDERAL TRANSIT LAM'S A. Except asprovided in Subsection 

### B of 20.2.99.140NMAC, no recipient of federal funds designated under title i3 U.S.C. or the federal transit laws shall adopt or approve a regionally s~gnificant lughway or transit project, regardless of funding source: unless the recipient fmds that the requirements of one of the following

are met: (1) the project comes from the currently conforming transportation plan and 

### TIP lor meets the reauirements of Subsection 

### B of 20.2.99.1 11WAC during the 12-month lapse grace period). and the project's design concept and scope have not changed significantly from those that were included in the regional emissions analyses for that transportation plan and TIP; or (2) the project is included 

### in the regional emissions analysis for the currently conforming transportation plan and TIP conformity determination {or meets the requirements of Subsection 

### B of 20.2.99.1 11 NMAC during the 17-month lapse grace period), [(]even if the project is not strictly included in the transportation plan or 

### TIP for the purpose ofMPO project selection or endorsen~ent[j], and the project's design concept and scope have not changed significantly [h] _from those which were included in the regional emissions analysis; or (3) a new regional emissions analysis including the project and the currently coilfornling transportation plan and TIP demonstrates that the transportation plan and TP would still conform if the pro~ect were implemented (consistent with the requirements of 70.2.99.137 NMAC aildior 20.2.99.138 NMAC for a project not from a confornling transportation plan and TIP). 

### B. 

### In isolated 

### rum[ nonattaiilment and maintenance areas subject to Subsection 

### G of 20.2.99.128 NMAC, no recipient of federal funds designated under title 23 U.S.C. or the federal transit laws shall adopt or

20.2.99 NMAC - ?7



### -approve a regionally significant highway or transit prqject, regardless of funding source, u~lless the recipient finds that the requirements of one of the follo\r.ing are met: (I) the project was included in the regional emissions analysis supporting the most recent conformity determination that reflects the portion of the statewide transportation plan and TIP which are in the nonattainment or maintenance area: and the project's design concept and scope has not changed significantly; or (2) a new regional enlissions analysis including the project and all other regionally significant projects expected in the nonattainment or maintenance area demonstrates that those projects 

### in the statewide transportation plan and statewide TIP which are 

### in the nonattainment or maintenance area would still conform if the project were implemented (consistent with the requirements of 20.2.99.137 NMAC and/or 20.2.99.138 NMAC for projects not from a conforming transportation plan and TIP). 

### C. Notwithstanding Subsections A and B of section 20.2.99.140 NMAC, 

### in nonattainment and maintenance areas subject to Subsections J or 

### K of section 20.2.99.128 NMAC for a given pollutant/precursor and NAAQS, no recipient of federal funds designated under title 20 U.S.C. or the federal transit laws shall adopt or approve a regionally significant highway or transit project, regardless of funding source. Unless the recipient finds that the requirements of one of the following are met for that pollutant/precursor and NAAQS: (1) the prolect was included 

### in the most recent confornlity determination for the transportation plan and TIP and the project's design concept and scope has not changed significantly; or (2) the project as included in the most recent conformity determination that reflects the portions of the statewide transportation plan and statewide TIP which are in the nonattainment or maintenance area, and the project's design concept and scope has not changed significantly. [12/14/94; 11/73/98;20.2.99.140 NMAC - 

### Rn, 20 NMAC 2.99.140 10/31/02:A, 10/15/05; A, 06/01/09]

20.2.99.148 PROCEDZJFLES FOR DETERMINING LOCALIZED CO, PMlO 

### AND PM2.5 CONCENTRATIONS (HOT-SPOT AKALYSIS). 

### A. CO Hot-spot Analysis. (1) The demonstrations required by 20.1.99.135 NMAC shaIlbe based on quantitative analysis using the applicable air quality models, data bases, and other requirements specified in 40 CFR part 51 appendix W ("Guideline on Air Quality Models"). These procedures shall be used in the following cases, unless; different procedures developed through the interagency consultation process required in 20.2.99.1 16MAC through 20.2.99.124 NMAC and approved by the EPA region 6 administrator are used: (a) for prolects in or affecting locations, areas, or categories of sites which are identified in the SIP as sites of violation or possible violation; (b) for projects affecting intersections that are at level-of-senrice D, 

### E, or F, or those that will change to level-of-senrice D, E, or 

### F because of increased traffic volumes related to the project; (c) for any project affecting one or more of the intersections which the SIP identifies as the top three intersections in the nonattainment or maintenance area based on the highest traffic volumes; and (d) for any project affecting one or more of the intersections which the SIP identifies as the top three intersections in the nonattainment or maintenance area based on the worst level of service. (2) In cases other than those described in Paragraph (1) of Subsection A of 20.2.99.146 MAC,the demonstrations required by 20.2.99.135 MAC may be based on either: (a) quantitative methods that represent reasonable and conlrnonprofessional practice; or (b) a qualitative consideration of local factors, if this can provide a clear demonstration that the requirements of 20.2.99.135 NMAC are met. (3) 

### US DOT. in consultation with US EPA. mav also choose to make a cateeorical hot-spot findine that Subsection A of 20.2.99.135 MAC is met without further hot-spot analysis for anv project described in Paramaphs (1) and (2)of Subsection A of 20.2.99.148 NMAC) based on appropriate modeling. US DOT. 

### in consultation with US EPA. nlav also consider the current air quality circumstances of a civen CO nonattainnient or maintenance area in categorical hot-spot findings for applicable FHWA or FTAprojects. 

### B. PMlO and PM2.5 Hot-spot Analysis. (1) The hot-spot demonstration required by 20.2.99.135MAC shall be based on quantitative analysis methods for the following types ofprojects: (a) new 

### [ewxpad&]Iughway projects that have a significant number of [- 

## -1 diesel vehicles. and expanded hiehwav projects that have a significant increase 

### in the number of diesel

vehicles;

20.2.99 MAC(b) projects affecting llltersectiolls that are at level-of-service D, E, or 

### F with a significant number of diesel vehicles, or those that will change to level-of-service D: E, or 

### F because of increased traffic volumes from a significant number of diesel vehicles related to the prqject; and (c) new bus and rail terminals and transfer points which have a significant number of diesel vehicles congregating at a single location; 

### (d) expanded bus and rail ternunals and transfer points that significantly increase the number of diesel vehicles congregating at a single location; and (e) projects in or affecting locations, areas, or categories of sites which are identified in the PMI0 or PM2.5 applicable implementation plan submission, as appropriate, as sites of violation or possible violations. (2) Where quantitative analysis methods are not required, the demonstration required by 20.7.99.135 NMAC forpro~ects described in Paragraph (1) of Subsection

### B of this section must be based on a qualitative consideration of local factors. (3) 

### US DOT. in consultation with EPA, may also choose to make a categorical hot-spot fulding that section 20.2.99.135 NMAC is met without further hot-spot analysis for any pro~ect described in Paragraph (1) of Subsection 

### B of this section based on appropriate modeling. US DOT, iu consultation with EPA, may also consider the current air quality circunlstances of a given PM2.5 or PM10 nonattainment or maintenance area in categorical hot-spot findings for applicable FHWA or FTA projects. (4) The requirements ofthis Subsection 

### B of 20.2.99.146 NMAC for quantitative analysis will not take effect until EPA releases modeling guidance on this subject and announces in the federal register that these requirements are 

### in effect. C. General Requirements. (1) Estimated pollutant concentrations shall be based on the total emissions burden which may result &omthe implementation of the project, summed together with future background concentrations. The total concentration shall be estimated and analyzed at appropriate receptor locations in the area substantially affected by the project. 

### (2) Hot-spot analyses shall include the entire project, and may be performed oilly after the major design features which will si,pificantIy impact concentrations have been identified. The future background concentration should be estimated by multiplying current background by the ratio of future to current traffic and the ratio of future to current emission factors. 

### (3) Hot-spot analysis assumptions shall be consistent with those in the regional emissions ailalysis for those inputs which are required for both analyses. (4) CO, PMlO or PM2.5 mitigation or control measures shall be assumed in the hot-spot analysis only where there are written commitments &om the project sponsor or operator to implement such measures, as required by Subsection A of 20.2.99.148 MAC. (5) CO, PMlO, and PM2.5 hot-spot analyses are not required to consider construction-related activities which cause temporary increases 

### in emissions. Each site which is affected by construction- related activities shall be considered separately, using established "guideline" methods. Temporary increases are defined as those which occur only during the construction phase and last five years or less at any individual site. [12/14/94; 11/23/98; 20.2.99.148 WAC - 

### Rn,20 NMAC 2.99.148) 10/31/02; 20.2.99.148 NMAC 

### - Rn, 20.2.99.146 WAC, 10/15/05;A, 9/1/07; A, 06/0 1/09]

20.2.99.151 

### EliEMPTIONS. A. Exempt projects. Notwithstanding the other requirements of this part, hjghway and transit prqjects of the types listed in table 

### 2 of this section are exenlpt from the requirement to determine conformity. Such projects may proceed toward implementation even in the absence of a conforming transportation plan and TIP. 

### A particular action of the type listed in table 2 (of this section) is not exenlpt if the MPO in consultation with other agencies (e.g. the department, see Subsection C of 20.2.99.120 NMAC, the US EPA, and the FHWA 

### (in the case of a highway project) or the FTA 

### (in the case of a transit project)) concur that it has potentially adverse emissions impacts for any

reason. NMDOT and the MPO, in consultation with the department, as appropriate, must assure that exempt projects do not interfere with TCM imnplementation. Table 2 follows. Table 2. Exempt Projects. 

### (I) Safety: (a) railroad/higliway crossing; (b) 

## [W .. 

### . ~iects that correct. improve. or eliminate 

### a hazardous location or feature;(c) safer non-federal-aid system roads;

20.2.99 NMAC(d) shoulder improvements; 

### (e) increasing sight distance; (f) 

## [-I hiehway safety improvement prozanl inlulementation; (g) traffic control devices and operating assistance other than signalizationprolects: (h) railroad/highway crossing warning devices; (i) guardrails, median barriers: crash cushions; (j) pavement resurfacing or rehabilitation; (k) 

# [PI pavement marking; (1) emergency relief (73 U.S.C. 135); 

### (m) fencing; 

### (n) skid treatments: (0) safety roadside rest areas; (p) adding medians; (q) huck climbing lanes outside the urbanized area; 

### (r) lighting improvements; 

### (s) widening narrow pavements or reconstructing bridges (no additional travel lanes); (t) emergency truck pullovers. (2) Mass transit: (a) operating assistance to transit agencies; (b) purchase of support vehicles; (c) rehabilitation of transit vehicles (In PMlO and PM2.5 nonattainnlent or maintenance areas, only ifprojects are in compliance with control measures in the SIP.); (d) purchase of office, shop, and operating equipment for existing facilities; (e) purchase of operating equipment for vehicles (e.g., radios, fareboxes: lifts, etc.); (f) construction or renovation of power, signal: and communications systems; (g) construction of small passenger shelters and information kiosks; (h) reconstruction or renovation of transit buildings and structures (e.g., rail or bus buildings, storage and maintenance facilities, stations, terminals, and ancillary structures); (i) rehabilitation or reconstruction of track structures, track, and trackbed in existing rights-ofway: -. (j) purchase of neat buses and rail cars to replace existing vehicles or for minor expansions of the fleet (In PMlO nonattainrnent or maintenance areas, such projects are exempt only if prolects are in compliance with control measures in the SIP.):

,. (k) construction of new bus or rail storage/maintenance facilities categorically excluded in 23 CFR 

### 771. (3) Air quality: (a) continuation of ride-sharing and van-pooling promotion activities at current levels; (b) bicycle and pedestrian facilities. 

### (4) Other: (a) specific activities which do not involve or lead directly to construction, such as: (i) planning and teclmical studies; (ii) grants for training and research programs; (iii) planning activities conducted pursuant to titles 23 and 49 U.S.C.; or 

### (i) federal-aid systems revisions; (b) engineering to assess social, economic, and environmental effects of the proposed action or alternatives to that action; (c) noise attenuation; (d) einergency or hardship advance land acquisitions (23 CFR 

### 7 10.503): (e) acquisition of scenic easements; 

### (f) plantings, landscaping, etc.; (g) sign removal; (h) directional and informational signs; (i) transportation eihancement activities (except rehabilitation and operation of historic transportation buildings, structures, or facilities); (j) repair of damage caused by natural disasters, civil unrest, or terrorist acts, except projects involving substantial functional, locational, or capacity changes.

20.2.99 NMAC

### B. Projects exempt from regional en~issions analyses. Notwithstanding the other requirements of this part. highway and transit projects of the types listed in table 3 of this section are exempt from regional en~issions analysis requirements. The local effects of these projects with respect to CO concentrations must be considered to determine if a hot-spot analysis is required prior to making a project-level confornuty determination. The local effects ofprojects with respect to PMlO and PM2.5 concentrations must be considered and a hot-spot analysis performed prior to making a project-level confom~ity determination, if a project it1 table 3 also meets the criteria of Paragraph (1) of Subsection 

### B of section 20.2.99.148 NMAC. These projects may then proceed to the project development process even in the absence of a confom~ing transportation plan and TIP. A particular action of the type listed in table 

### 3 (of this section) is not exempt from regional emissioils analysis if the MPO in consultation with other agencies (e.g. the department, see Subsection C of 20.2.99.120 NMAC), the 

### US EPA, and tlle FHWA (in the

case of a Iighwayproject) or the FTA (in the case of a transit project) concur that it has potential regional impacts for any reason. Table 3 follows. Table 3. Projects Exempt from Re,oional Emissions Analyses: 

### (1) intersection channelization projects; (2) intersection signalization projects at individual intersections: (3) interchange reconfiguration projects; 

### (4) changes in vertical and horizontal alignment; 

### (5) truck size and weight inspection stations; (6) bus ternlinais and transfer points. [12/14/94; 11/23/98; 20.2.99.151 NMAC - 

### Rn, 20 NMAC 2.99.151, 10/31/02;20.2.99.151 NMAC 

### - Rn, 20.2.99.149 NMAC & A, 10/15/05; A, 9/1/07; A, 06/01/09]

20.2.99 NMAC

### STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD



### IN THE MATTER OF PROPOSEDAMENDMENTS TO 20.2.99NMAC

- 

### CONFORMITY TO THE STATE IMPLEMENTATION PLAN OF TRANSPORTATION PLANS, PROGRAMS,AND PROJECTS.

NEW MEXICO ENVIRONMENT DEPARTMENT NOTICE OFINTENT TO PRESENT TECHNICAL TESTIMONY

Pursuant to 20.1.1.302.A NMAC, The New Mexico Environment Department (NMED)

Environmental Protection Division ("the Division"), on behalf of the Air Quality Bureau,
(Bureau) hereby submits its Notice of Intent to present technical testimony in this proceeding.



### 1. The person for whom the witnesses 

### will testify.

TheNew Mexico Environment Department,Environmental Protection Division.

2. 

### The name and qualificationsof each technical witness.

Gail Cooke. Ms. Cookeis an Environmental Planner in 

### the Control Strategies Section of

the Air 

### Quality Bureau. Shehas worked in the Air Quality Bureau since June 1999. Ms. Cooke
holds a bachelor degree in EnvironmentalDesign fiom Texas A&M University and a master
degree 

### in Urban and Regional Planning from Virginia Tech. Ms. Cooke's resume is attached as

NMED Exhibit 1.

3. 

### Summary and Estimated Duration of Testimony
Ms. Cook's written testimony is attached asNMED Exhibit 2. Ms. Cooke will provide
testimony regarding the proposed "Conformity to the State Implementation Plans, Programs, and

Notice of Intent Page 1 

### of 3

### Projects" regulation attached 

## as NMED Exhibit 3. The Division estimatesMs. Cooke's
testimony will take 1 hour.

4. 

### Text ofRecommended Modificationsto the Proposed Realatorv Change



## The Division recommends changesto 20.2.99 NMAC as proposed in the petition of

October 6,2008 

## and as attached as NMED Exhibit 3.



## 5. List and Description of Exhibits



### The Division submits the followingexhibits:

Exhibit Number Title ofExhibit

NMED 1 Resume of 

### Gail Cooke.

NMED 2 

### Written 

### Testimony of Gail Cooke.

NMED 3 

### Proposed Changes to 20.2.99 NMAC.

NMED 

### 4 January24,2008, Federal Register Notice -

### Transportation Conformity Rule Amendments.

NMED 5 

### Safe,Accountable, Flexible,Efficient Transportation Equity Act: A Legacy for Users (P.L. 

### 109-59): Table of Contents and Sec. 601 1 (Transportation Conformity).

NMED 6 Spanish and EngIish PublicHearing Notices

NMED 7 

### New Mexico Register Notice of Hearing

6. 

### Reservation of Rights



### This Notice of Intent to Present Technical Testimony is based on the Division's petition.

The Divisionreserves the right to call any person to testify and to present any exhibitin 

### response

to another notice of intent or public comment filed 

## in thismatter or to anytestimony or exhibit

offered at the public hearing. The 

### Division also reserves the right to call 

### any person as a rebuttal

witness and to present any exhibit in support thereof.

Notice of Intent Page 2 

### of 3

### Respectfully submitted,

NEW MEXICO ENVIRONMENTDEPARTMENT OFFICE OF GENERAL COUNSEL



# -

-/---=-- Bill 

### Grantham Assistant General Counsel New Mexico Environment Department 1190 St. Francis Drive Santa Fe, New Mexico 87502-61 10 Telephone (505) 827-2824 Facsimile (505) 827-1628 

### Bill.grantham@state.nm.us

Notice of Intent Page 3 

### of 3

# Gail 

# F. Cooke Home:(505) 473-9169 Work: (505) 955-8022 gailfran33@yahoo.com



### Master of Urbanand RegionalPlanning, Concentration: EnvironmentalPlanning, Krginia Tech,Blacksburg, Virginia,1998 Major Project:The ImplementationofVirginia Erosion and Sediment Control Laws and Regulations.

Bachelor ofEnvironmentalDesign, Texas

### A&M University,College Station, Texas,1995 Other areas of study includeEnvironmental Science, Soil Science, and Civil Engineering.

State ofNew Mexico EnvironmentDepartment, Air QualityBureau 1999-Present Environmental Analyst/Planner-

### Public outreach, includingpreparing outreach material for the general public and organizing public meetings and open houses; preparation of emission inventory updates and maintenance plans for the StatelmplementationPlan submittals; development of local initiativeplans to help reduce criteria 

## air pollutants; reviewing of environmental assessments and environmental impact statements;grant writing; and regulatory development.
Taschek Environmental Consulting 1998-1 999 Environmental Planner -

### General environmental planning; conducted environmental assessments, and initial site assessments; assisted in public outreach; assisted in transportation planning, and land useplanning projects; and worked extensivelywith state regulations and federal rules, including the National Environmental Policy Act.

Natural EventsAction Plan for Dofia Ana County,New Mexico Assisted in the development of the Natural Events Action Plan (NEAP) 

### for Dofia ha County, 

## NM. TheNEAP was created in 

### 2000 to help control anthropogenicsourcesofwind blown dust 

## in Doiia Ana County,

## NM. The 

### NEAP is a local initiative that includes local and county ordinances, stakeholder agreements, and a public outreach campaign by the State ofNew Mexico. I have prepared brochures, press releases, public service announcements, and informational 

## mail outs. 

## I have assisted in 

### theplanning of open houses to educate the

### public on dust and its potential health and environmental risks. 

## I am currently the project manager for the Doiiaha CountyNEAP



## .
2005Revisions to 20.2.99 NMA C- 

### Conformity to the StateImplementation Plan of TransportationPlans, Programs, andProjects. Acted as the lead 

### in the adoption ofrevisions to 20.2.99 NMAC. 

### Therevisions to 20.2.99 NMAC 

### were in response to amendments made to the federal rule 40 

### CFR 

## Part 93 -Determining

### ConformityofFederal Actions to State orFederal Implementation Plans. The main revisions includedminor amendments to the 18-month requirement for initial State Implementation Plan submissions,the addition of a grace period fornewly designated nonattainment areas, and the inclusion of the new 8-hour ozone and Particulate Matter 2.5 microns in sizeNational Ambient 

### Air Quality Standards. The revised regulation was adoptedby the Environmental Improvement Board iq 

### Septemberof 2005.



### Grant CountyNonattainmentYRedesignation Acted as the lead in 

### the redesignation ofthe Grant County Sulfur DioxideNonattainment area. At the request ofthe Environmental Protection Agency, an analysis was conducted to redesignate the Air Quality Control Region 012: Grant County,New Mexico SO:! nonattainment area to attainment/maintenancestatus and a maintenanceplan was prepared. 

## In February of 2003, a redesignation request and maintenance plan for the Grant Countynonattainment area were submittedto EPA for their review and approval. Both the redesignation request and maintenance plan for the Grant County nonattainment area were approved in September of 2003.



### TheAtlas Pilot Project, DoiiaAna County,

## MM Acted as project manager for the development of an improved emission inventory of particulate matter emissions in DOMAna County, 

### NM. The Atlas Pilot Project was conducted to assist the Environmental ProtectionAgencyinthe developmentof an "Atlas" 

### of environrnenkdissues alongthe border region of the United States and Mexico. The atlas would act as a resource guide that would include inventories, maps, and reference material on 

## all sources of environmental pollution ranging hm water to solid wasteto 

### air quality. Thepilot project was the 

## first attempt at developingapieceof that resource guide. The Atlas Pilot Project was hded through a grant fkom the EPA. 

## I was responsible for 

## all facets of the project including grant 

### writing, budget development, and project management.

### STATE OF

## NEW MEXICO ENVIRONNIENTALIMPROVEMENT BOARD



## IN THE MATTER OF PROPOSED AMENDMENTS TO 20.2.99 NMAC -

### CONFORMITYTOTHE STATE IMPLEMENTATION PLAN OF TRANSPORTATION PLANS, PROGRAMS,

### AND PROJECTS. EIB 08-15(R)

WRITTEN TESTIMONY OF 

### GAIL COOKE

Witness Qualifications:

Gail Cookeis an EnvironmentalPlanner in 

### the Control Strategies Section of the Air Quality Bureau. She

## has worked 

### in the Air Quality Bureau since June 1999. Ms. Cookeholds a bachelor degree in EnvironmentalDesign fiom Texas A&M University and a master degree in Urban and Regional Planning fiom VirginiaTech.



## I. INTRODUCTION

Madame Chair and Members ofthe Board, I 

## am here to present the New Mexico Environment Department's(NMED) proposed amendments to 20.2.99 New Mexico Administrative Code (NMAC) - 

### Conformity to the State ImplementationPlan of Transportation Plans, Programs, and Projects. 

### NMED Exhibit

## 2 reflects the Department's proposed amendments in currentNMAC format. A section-by-section table ofproposed amendmentsis also included asNMED Exhibit 5. Theproposed amendments are shown in 

### standard legislative format: new material is underlined, and deleted material stricken or designated 

### as stricken. Duringmy testimony, 

## I will refer to this regulation as Part 99.

A. 

### What is TransportationConformity?

The concept of transportation conformitywas introducedin 

### the Clean Air Act (CAA) of 1977, which included a provision to ensurethat transportation projects conform to the State Implementation Plan for meeting the 

### air quality standards. Conformityrequirements were made substantially more rigorous in the CAA Amendments of 1990, and the federal transportation conformityregulation,40 CFR Part 93-Determining ConformityofFederalActions to State or Federal ImplementationPlans, 

### which I 

### will refer to as "the conformityrule" fiom now on.' The conformity rule was adopted by the U.S. Environmental Protection Agency (EPA) in November of 1993.Along with the adoption of the rule, the individual states were also required to develop regulations to implement transportation conformity. The purpose of the federal and state transportation conformity regulations is to detail the process for transportation agencies to demonstrate and ensure emissionreductions fiom transportation sources of air 

### pollution.

There is another type of "confonnity" under the CleanAir 

### Act, known as "general confonnity," but because that is not at issue here, "conformity"as 

### used 

### in this testimony alwaysrefers to transportation conformity.



### COOKE 

### TESTIMONY

# - PAGE 1

### Part 99 was adoptedby New Mexico in December 1994. Part 99 was later revised to reflect changesmade by EPA in 1997,2004, and 2007. As discussed in more detail below, EPA made additional amendmentsto the rule in 2008. Today's proposed revisions to Part 99 are responsive to those amendments.

B. 

### When is Transportation Conformity Required?
Transportation conformity only applies to areas that have violated (arein nonattainrnent with) the NAAQS for the six criteria pollutants: carbon monoxide, sulfur dioxide, oxides ofnitrogen, particulate matter, ozone, and lead. To ensure that transportation activities do not worsen air qualityin nonattainment areas or interfere with State ImplementationPlans (SIPS), which set the requirements for meeting EPA standards for air quality, emission reductions are oftenrequired fiom mobile sources.
According to the CAA, transportation plans, programs, and projects cannot:

create new violations ofthe NAAQS; increasethe frequencyor severity of existingviolations ofthe standards; or delay attainment ofthe standards.

11. 

### PROPOSED CEIANGES TO PART 99



### Theproposed revisions to Part 99 

## are in response to amendmentsto the federal conformity

## rule. The EPA 

## has revised the federalrule in the last year. Most ofthese amendmentsarenecessaryto makethe rule consistent with Clean Air Act section 176(c) as amended by SAFETEA-LU on August 10,2005(Pub. L. 

### 109-59).

A. SAFETEA-LU

On August 10,2005,the President signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, or "SAFETEA-LU." SAFETEA-LU builds on past federal transportation laws including the Intermodal Surface TransportationEfficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21St Century (TEA-21). These acts shaped the highway program to meet the Nation's changing transportation needs. Thepurpose of SAFETEA-LU is to supply the bds and programmatic framework for investmentsneeded to maintain and expand transportationinfrastructure.


### Among other things, SAFETEA-LU requires that EPA revise the federal conformityrule as 

### necessary to address new statutoryprovisions. The revisions to the federal conformityrule addresses the relevant changes that SAFETEA-LU made to the Clean Air 

### Act (CAA). SAFETEA-LU amendedthe following itemsunder CAA section 176(c): Changed the required frequency oftransportation conformity determinationsfiom three years to four years; Provided two years to determine conformity after new state implementationplan (SIP) 

### motor vehicle emissions budgets are either found adequate, approved or promulgated;

COOKE TESTIMONY

# - PAGE 2

### Added a one-year grace period before the consequences of a conformity lapse apply, which includes the withholding of federal highway improvement funds; Provided an option for reducing the time period addressedby conformitydeterminations; Streamlined requirements for conformity SPs;and Provided procedures for areas to use in substituting or adding transportationcontrol

measures (TCMs) to approved SIPS.



## B. January 24,2008 Conformity Rule Amendments

The amendments to the federalrule 40 CFR Part 93 

### -Determining ConformityofFederalActions to State orFederalImplementation Plans were adopted on January 24,2008 to make the rule consistentwith 

### Clean

### Air Act section 176(c) 

### as amended by SAFETEA-LU. The rule was revised to provide more time for state and local governmentsto meet conformityrequirements, to provide a one-year graceperiod before the consequencesofnot meeting certain conformity requirements apply, allows the option of shorteningthe timeframe of conformity determinations, and streamlines other provisions. The Clean Air Act requires federally supported transportation plans, transportationimprovement programs, and projects to be consistent with ("conform to") the purpose of the state air quality implementationplan. The rule also includes minor amendments that are not related to SAFETEA-LU, such as allowing the Department of Transportation (DOT) to make categorical hot-spot findings,which are localizedpollutant concentrations resulting from a new transportation project, for appropriate projects in carbon monoxidenonattainment and maintenance areas.

The following table (Table 1) lists the promulgated amendmentsto the federal conformity rule (Part 

### 93) and the corresponding proposed regulatory amendments to state regulation Part 99.



### Table 1: 

### Proposed Regulatory Amendments to Part 99 ISSUE ADDRESSED

### IN FEDERALRULE PART 93 

## FEDERAL REGULATORY PART 99 

### NEW MEXICO REGULATORY 

# 1

Revised the definitions for Metropolitan planning organization (MPO)



### Transportation control measure (TCM) to clarify that TCMs as defined for conformity purposes also include any TCMs that 

### areincorporated into the SIP

### through this

new TCM substitution and addition process.



### - - ~ak; rule consistent with SAFETEA-LU Revised the fist sentence of the definition for 

### SECTION Sec. 101 

### SECTION Sec. 7(AC);

Sec. 101



# - Makerule consistentwith S~EA-LU 

### Revised the definitions for Transportation improvement

Implementation Rule 

# I 1 1 Sec. 7(AU):



# < Removed "sulfur oxides (SOX)" and added in 

### its place '

### 'sulfur dioxide(S02)



### - To make rule consistent with EPA7s PM2.5

COOKE TESTIMONY

# - PAGE 3 

### Sec.101 

### Sec. 7(AV)

Sec. 102(b)(2)(v); 119 (f)(lO) \, 

### Sec. 2(C)(5); 

### 1 

### 38(F)(10)

### ISSUE ADDRESSED 

### IN FEDERAL RULE

Removed "for 20 years fromthe date EPA approvesthe area's request under section 107(d)ofthe CAA 

### for redesignationto attainment" and adding in its place "through the last year of a maintenance area's approved CAA section 175A(b) maintenance plan' 

## '



# . - EPARevised ths sectionto ensurethat conformitywould apply in maintenanceareas

### throughthe entire20 years of their approved CleanAir 

### Act section 175A@) maintenance plan, unless the applicable implementation plan specifiesthat conformity would continueto applybeyond the end ofthat maintenance plan. Revisedto require that the MPO and DOT determine conformityof a transportationplan at least every four years.


# - Make rule consistent with SAFETEA-LU Revisedto require that the 

### MPO and DOT determine conformity of a transportationimprovement program (TIP) at least every four years.



### - Makerule consistentwith SAFETEA-LU Revised to require anew transportationplan and TIP 

### conformity determinationto be made after actions that establish a new motor vehicle emissionsbudget for conformity,also known as "triggers."



### - ~ake rule consistentwith SAFETEA-LU New provisionincluded to provide the allowances for to meet conformity requirements duringthe lapse graceperiod.



# - Make 

### rule consistentwith SAFETEA-LU Changed '

### 'revision(s)''

### to 

### ''amendment(s),' 

## '



# - Make rule consistentwith the revised planning definitionsin 

### DOT's February 14,2007,final transportation planning regulations (72 FR 7224). Removedthe reference "23 CFR 450.3 16@) replacing it with "23 CFR 450.3 16(a)


# - Make rule consistentwith

### therevised planning definitionsin 

### DOT's February 14,2007,final transportation planning regulations (72

### FR 7224). Sectionrenamed 

### as "Content oftransportationplans and timeframe of conformity determination;



### - Makerule consistent with SAFETEA-LU Amended to update the horizon years that apply when an
area 

### shortensthe conformity timeframe. 

# - Makerule consistentwith SAFETEA-LU Include

### regulatoryprovisions to provide therules for 

### PART 

### 93 FEDERAL REGULATORY SECTION Sec. 102(b)(4)

Sec. 104(b)

Sec. 104(c)

Sec. 104(e)

Sec. 104(f)

Sec. 105(c)

Sec. 105(e)

Sec. 106

Sec. 106(a) 

### PART 

### 99 

## NEW MEXICO REGULATORY SECTION Sec. 2(E)

Sec. 112(B); I 12(C):

Sec. 113(C)

Sec. 115

Sec. 111(B)

Sec. 122

Sec. 124(A)

Sec. 125

Sec. 125@)

COOKE 

### TESTlMONY

# - PAGE 4

## FEDERAL RULE ISSUE ADDRESSED IN



# 1 shorteningthe conformitytimefiame



### - ~ake rule consistent with SAFETEA-LU Removed provision ofthe transportation conformity rule that was vacated by the U.S. Court of Appeals for the District of Columbia Circuit (Environmental Defense v. EPA, et al., D.C. Cir. No. 

### 04-129I) 

# 1 - This provision allowed 8-hour ozone areas to use

the interim emissionstest(s) for conformity determinations instead of 1-hour ozone SIP budgets where the interim emissions test(s) was determined to be 

# 1 more appropriateto meet Clean Air Act requirements. 

# ' The c% vacated this provision and remanded it to EPA.

Included language to ensurethat hot-spot analyses

### in 

# 1 isolated rural areas examine a project's air quality impact

overthe timefiame ofthe long-range statewide transportation plan. Requires that there be a currently conforming 

## ] transportation plan and 

### TIP at the time ofproject

approval, except during the lapse graceperiod, when a non-exempt project must come fiom the most recent conformingtranspoitationplan and TIP.



### - Make rule consistent with SAFETEA-LU 

# ( Requires that re@onallysignificantnon-Federal projects

eithercome fiomthe currently conforming transportation plan and 

### TIP, or the regional emissions analysisthat supports such a 

### transportation plan and 

### TIP, except during the lapse graceperiod.



# - Make rule consistent with SAFETEA-LU 

### Revised to allow DOT, in consultationwith EPA, 

### to make categorical hot-spot findings for appropriate

cases 

### in CO nonattainment and maintenance areas if appropriate modeling shows that a type ofhighway

or transit project does not cause or contributeto a
new or worsened local 

### air qualityviolation of the CO standards. Revised to requirePM2.5 or PMlO hot-spot analyses to be completedfor 

### ''New highway that have a significant number of dieselvelucles, and expanded projects that have a significant increase in the number of diesel vehicles." Theprior language stated "New or expanded highwayprojects that have a significant number of or significant increase in diesel vehicles.''



### - Incorporated as a

### technical clarificationto address some confusion since the promulgation of the March 10, 2006 conformityrule (71 

### FR 12468). 

## PART 93 

## FEDERAL REGULATORY SECTION

Sec. 109(e)



### Sec. 

### 114

Sec. 121 

## PART 99 NEW MEXICC REGLTLATOR' SECTION

Sec. 128(E)



### Sec. 128(L)



### Sec. 133



### Sec. 140(A)(1)



### Sec. 148(A)(3)



### Sec. 148(B)(1)

COOKE TESTIMONY

# - PAGE 5

## ISSUEADDRESSED IN 

## FEDERAL RULE

Hazard 

### elimination program" is now "Projects that correct, improve, or eliminateahazardous location or feature; Safety improvementprogram is now Highway Safety ImprovementProgram implementation;" and Pavementmarking 

### demonstration'' is now Pavement marking.



### - EPA isupdating these terms to make them 

### consistentwith the terms in 23 

### U.S.C. 148,

### which has been amendedby SAFETEA-LU 

### Revised to update the followingterms:



## III. THE PROPOSED REVISIONS IN 

## NEW MEXlCO PART 93 

## FEDERAL REGULATORY SECTION Sec. 126

Presently, there is only one nonattainmentarea

### under the Department'sjurisdiction in New Mexico. The nonattainmentis located in SouthernDoiia Ana County

### in Anthony, New Mexico. Anthony was designatednonattainment by 

## EPA for PM 10in 1991. Today'sproposed revisions to Part 99 will not affectthe nonattainrnent area 

## in Anthony, NM. This area was designated nonattainment for PMI0 due to high wind events, not emissions from mobile sources. The Department'sproposed revisions today only apply to mobile sources. 

## PART 99 

## NEW MEXICO REGULATORY

Although no areas 

## in New Mexico would be currently affected by today's proposed revisions, Part 99 will affect any nonattainment areas that are designated

## in the future. Two such areas are Sunland Park,NM and 

### San Juan County, NM. Both areas are currently

## in violation for the new 8-hour ozone National Ambient 

### Air Quality Standard. These areas will not be officially designated nonattainmentuntil March of 201

## 0.

The Division has informed the New Mexico Department of Transportation(NMDOT) on these proposed revisions and has solicited comments fiom them. The Division will continueto work with NMDOT to ensure that federally funded transportationprojects within designated nonattainment areas will conform with 

### SP requirements for air quality standards and not exacerbate 

## air quality conditions.

COOKE TESTIMONY

### - PAGE 6TITLE 20 ENVIRONMENTAL PROTECTION CHAPTER 2 

## AIR QUALITY (STATEWIDE) PART 99 CONFORMITY TO THE STATE IMPLEMENTATION PLAN OF TRANSPORTATION PLANS, PROGRAMS,

### AND PROJECTS

20.2.99.1 ISSUINGAGENCY: New Mexico Environmental Improvement Board. [12/14/94; 11/23/98;20.2.99.1 NMAC 

### - Rn,20 NMAC 2.99.100 10/31/02]

20.2.99.2 SCOPE. Agencies affected by this part are: federal transportation agencies(the federal highway administration(FHWA) and the federal transit administration (FTA) of the United Statesdepartment of transportation (US DOT)), and state and local agencies responsible for transportation planning and air quality management that are withinthe geographic jurisdiction of the environmental improvement board (see also 20.2.99.6 NMAC).A. The provisions ofthis part shall apply in all non-attainment and maintenance areas for transportation-related criteriapollutants for which the areais designated non-attainment or has a maintenance plan. B. The provisionsof this part apply with respect to emissionsof the following criteria pollutants: ozone, carbon monoxide, nitrogen dioxide, and particles with an aerodynamic diameterless than or equal to a nominal 10micrometers(PM10) and particleswith an aerodynamic diameter less than or equal to a nominal 2.5 micrometers (PM2.5). C.

. The provisionsof this part apply with respect to emissionsof the following precursor pollutants in nonattainrnent or maintenanceareas: (1) volatile organic compounds and nitrogen oxides in ozone areas; (2) nitrogen oxides in nitrogen dioxideareas; (3) volatile organiccompounds andfor,nitrogen oxides, in PMlO 

### areas if: (a) the EPA region 6 administrator or the departmenthas made a finding (including a finding



### aspart of a SIP or a submitted implementationplan revision) that transportation-related emissionsof one or both of these precursor emissionswithinthe nonattainment area are a significantcontributor to the PM10 nonattainment problem and 

### has sonotified the MPO (or the NMDOT in the absence of an MPO) and US DOT; or @) the applicableSIP (or implementation plan submission)establishes an approved (or adequate)budget for such emissionsaspart of the reasonable further progress, attainment or maintenance strategy; (4) nitrogen oxidesin PM2.5 areas,unless both the EPA regional administrator and the department have made a finding that transportation-related emissions of nitrogen oxides within the nonattainment area are not a significantcontributor to the PM2.5 nonattainment problem and has as notifiedthe MPO (or theNMDOT 

### in the absence of an MPO) and US DOT, or the applicable implementation plan (or implementation plan submission)does not establish as approved (or adequate) budget for such emissions

### as part of the reasonablefurther progress, attainment or maintenancestrategy: and (5) VOC, sulh dioxide(S02) andlor ammonia (NH3) in PM2.5 areas either if theEPA regional administratoror the department

### has made a findingthat transportation-related emissions of any ofthese precursors within the nonattainment area are a significantcontributor to the PM2.5 nonattinmentproblem and has so notified the MPO (orthe NMDOT 

### m the absence of an MPO) and US DOT, or it the applicableimplementationplan (or implementationplan submission) establishes and approved (or adequate)budget for such emissions 

### aspart of the reasonable furtherprogress, attainment or maintenance strategy. 

### D. The provisionsof this part apply to PM2.5 nonattainment and maintenance areas with respect to PM2.5 from reentrained road dust if theEPA regional administrator or the department has made findingthat reentrained road dust emissionswithin the area are a significantcontributorto the PM2.5nonattainmentproblem and has so notified the MPO (or the NMDOT in the absence of an MPO) and US DOT, or ifthe applicableSIP (or implementation plan submission) includesre-entrained road dust in the approved (or adequate)budget 

### aspart of the reasonablefiuther progress, attainment or maintenance strategy. Re-entrained road dust emissions areproducedby travel and paved and unpaved roads (including emissionsfrom anti-skid and deicing material(s)). 

### E. The provisionsof 

### thispart apply to maintenance areas



## . . through the last
year of a maintenance area's approved CAA section 175Afb)maintenanceplan,

[12/14/94; 11/23/98;20.2.99.2 NMAC - 

### Rn,20 NMAC 2.99.101 10/31/02;A, 10/15/05;A, 7/16/07;-

Proposed Revisionsto 20.2.99 NMAC 120.2.99.3 STATUTORYAUTHOm EnvironmentalImprovement Act, Nh4SA 1978, section74-1- 8(A)(4) and (7), and Air Quality ControlAct, NMSA 1978, sections 74-2-1, et seq., including specifically,section 74-2-5(A), (B)and (C). Section 74-2-5(B) provides that the Environmental ImprovementBoard shall adopt regulations "to attain and maintainnational ambient 

### air quality standardsand prevent or abate air pollution

## ...." [12/14/94; 11/23/98;20.2.99.3 NMAC 

### - Rn, 20 NMAC 2.99.102 10/31/02]

20.2.99.4 DURATION: 

### Permanent. [12/14/94; 11/23/98;20.2.99.4NMAC 

# - Rn, 20 NMAC 2.99.103 10/31/02]

20.2.99.5 EFFECTIVE DATE: November 23,1998, except where a later dateis cited 

### at the end of a sectionor paragraph. [12/14/94; 11/23/98;20.2.99.5 NMAC 

### - Rn, 20 NMAC 2.99.104 10/31/02]

me latest effective date of any sectionin this Part is 10/15/05.]

20.2.99.6 OBJECTIVE: Thepurpose ofthis 

### Part is to implement Section 176(c) of the Clean Air Act (CAA), as amended (42 U.S.C. 7401 et seq.), the related requirements of 23 U.S.C. 109Cj), and regulationsunder 40 CFR part 51 subpart T and Part 93 subpartA, withrespect to the conformityof transportation plans, programs, and projects which are developed, funded, or approved by the United StatesDepartment ofTransportation

### (US DOT), the NMSHTD, metropolitan planning organizations(MPOs) or other recipientsof fundsunder title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53) to theNew Mexico State Implementation Plan (SIP), as developed pursuant to Section 110and Part D of the CAA. This Part sets forthpolicy, criteria, and procedures for demonstrating and assuring conformity of such activities to the SIP. [12/14/94; 11/23/98; 20.2.99.6 NMAC - 

### Rn,20 NMAC 2.99.105 10/31/02]

20.2.99.7 DEFINITIONS. Terms used but not defined 

### in this part shall have the meaning given them by the CAA titles 23 and 49 U.S.C., US EPAregulations, US DOT regulations,and 20.2.2 NMAC (Definitions), in that order of priority. A. "I-hour ozoneNAAQS" means the 1-hourozone national ambient 

### air quality standard codified at 40 CFR 50.9. 

### B. "%hourozone NAAQS" means the 8-hour ozonenational ambient 

### air quality standard codified at 40 CFR 50.10. C. "Applicable implementationplan"is defined in Section302(q) ofthe CAA and means the portion (or portions) ofthe implementationplan, or most recent revision thereof, which has been approved under Section 110(of the CAA), promulgated under Section 110(c), or promulgated or approvedpursuantto regulations promulgated under Section 301(d) and which implementsthe relevant requirementsofthe CAA. D. "CAA"meansthe Clean Air Act, as amended, 42 U.S.C. 7401, et seq. E. "Cause or contributeto a new violation"for a project 

### means: (1) to cause or contributeto a new violation of a standard in the area substantially affected by the project or over a region which would otherwisenot be in violation of the standard during the 

### futureperiod in - - question, if the project were not implemented, or (2) to contribute to a new violation in a mannerthat would increasethe frequency or severityof a
new violation of a standard in such area. 

### F. "CFR" meansthe code offederal regulations. G. "Clean data" means 

### air qualitymonitoring data determined by US EPA to meet the e national ambient air quality standard. 

### H. "Conformity analyses"

### means regional or localized "hot-spot" computer modeling assessmentor any other analyses which serve as thebasis forthe conformity detennination. I. "Conformity determination"means the demonstrationof consistency

### with motorvehicle emissions budgets for each pollutant and precursor identified in the applicable SIP. The conformity determination is the affiiativewritten documentation declaring conformitywith the applicable SIPwhich is submitted to FHWA and FTA for approvalwith EPA consultation. An affumative conformity determination means conformityto the plans purpose of eliminating orreducing the severityand number ofviolationsoftheNAAQS and achieving expeditious attainmentof such standards; and that such activitieswill not: (1) cause or contributeto any new violations of any standard

### in any area; (2) increasethe frequency or severityof any existingviolation of any standard in any 

### area; or

Proposed Revisions to 20.2.99 NMAC1 (3) delay timely attainment of any standard or any required interim emission reductions or other milestones in any area. J. "Consultation"means that one party confers with another identifiedparty, provides or makes available allrelevant informationto that party, and, prior to taking any action, considers the views of that party and (except with respect to those actions for which only notification is required) responds to written comments in a timely, substantivewritten manner prior to any final decision on such action. Such views and written response shall be made part of therecord of any decision or action. Specificproceduresand processes are described in 20.2.99.1 16 through 20.2.99.124 NMAC. 

### K. "Control strategy implementationplan revision"is the implementation plan which contains specific strategies for controlling the emissions of and reducing ambient levels ofpollutantsin order to satisfy CAA rkquirements for demonstrations of reasonable furtherprogress and attainment(including implementationplan revisions submittedto satisfy CAA Sections 172(c), 182@)(1),182(c)(2)(A), 182(c)(2)(B), 187(a)(7), 189(a)(l)@), 189(b)(l)(A) and 189(d); and Sections 192(a)and 192@), for nitrogen dioxide; and any other applicableCAA provisions requiring a demonstration of reasonable furtherprogress or attainment). 

### L. "Department"means theNew Mexico environment department. 

### M. "Designconcept" means the type of facility identifiedby the project, e.g., freeway,expressway, arterialhighway, grade separated highway, reservedright-of-way rail transit, mixed traffic rail transit, exclusive busway, etc. 

### N. "Designscope"meansthe design aspectsof a facility which will affect theproposed facility's impact on regional emissions, usually as they relate to vehicle or person carryingcapacity and control, e.g., number of lanes or tracks to be constructed or added, length of project, signalization, access control includingapproximate number and location of interchanges, preferential treatment for high-occupancy vehicles, etc. 0. "Donutareas" are geographic areas outside a metropolitan planning area boundary, but inside the boundary of a nonattainment or maintenance area that contains anypart of a metropolitan area(s). These areas are not isolatedrural nonattainment and maintenance areas. 

### P. "FHWA"means the federalhighway administration of US DOT. 

### Q. "FHWNFTAproject",for thepurpose ofthis part, is any highway or transit project which is proposed to receive funding assistanceand approval through the federal-aid highway program or the federal mass transit program, or requires federa1highway administration (FHWA) or federal transit administration (FTA) approval for some aspect ofthe project, such as connection to an interstatehighway or deviation from applicable design standards on the interstatesystem. 

### R. "Forecastperiod" with respect to a transportation plan is the period covered by the transportation plan pursuant to 23 CFR part 450. S. "ETA"means the federal transit administration of US DOT. T. "Highway project"is anundertakingto implement or modify a highway facility or highwayrelated program. Such an undertaking consists of all required phases necessary for implementation. For analytical purposes, it shall be dehedsufficiently to: 

### (1) connect logical termini and be of sufficientlength to address environmental matters on a broad scope; (2) have independent utility or significance, i.e., be usable and be a reasonable expenditureeven if no additionaltransportation improvements in the area are made; and (3) not restrict consideration of alternativesfor other reasonably foreseeabletransportation improvements. 

### U. "Horizon year" is ayear for which the transportation plan describes the envisioned transportation system 

### in accordancewith 20.2.99.125NMAC. V. "Hot-spot analysis"is an estimationof likely futurelocalized CO, PM10, and/orPM2.5 pollutant concentrations and a comparison ofthose concentrations to the national ambient 

### air quality standards. ~ot-spot analysis assesses impacts on a scale smaller than the entire nonattainment or maintenance area, including,for example, congested roadway intersections and highways or transitterminals, and uses an air quality dispersion model to determinethe effects of emissions on air quality. W. "Increasethe frequency or severity"means to cause a location or region to exceed a standard

more often or to cause a violation at a greater concentration 

### than previously existed and/orwould otherwiseexist during the future period in question, if the project werenot implemented. 

### X. "Isolated rural nonattainmentand maintenance areas" are areas that do not contain or are not part of any metropolitan planning area as designated under thetransportation planningregulations. Isolatedrural areas do not have federallyrequired metropolitan transportation plans or TIPSand do not have projects that arepart

ProposedRevisions to 20.2.99 

### NMAC 3

### ofthe emissions in such areas are instead included in statewidetransportation improvement programs. Theseare not donut areas. 

### Y. "Lapse"

### means that the conformity determinationfor a transportation plan or TIP has expired, and 

### thus there is no currently conformingtransportationplan and 

### TIP. Z. "Limited maintenanceplan" 

### is a maintenanceplan that EPA has determinedmeets EPA's limited maintenance plan policy criteria for a given NAAQS and pollutant. To qualify for a limited maintenance plan, for example, an area must 

### have a design value that is significantlybelow a givenNAAQS, and it mustbe reasonableto expectthat a NAAQS violation 

### will not result hm any level of futuremotor vehicle emissions growth. AA. "Maintenancearea" 

### means any geographicregion ofthe United Statespreviously designated nonattainment pursuantto the CAA Amendments of 1990and subsequently redesignated to attainment subjectto the requirementto developa maintenanceplan under Section 175Aofthe CAA, as amended AB. "Maintenanceplan" 

### means an implementation plan under Section 175Aofthe CAA, as amended. AC. "Metropolitan planning organization(MPO)" 

## 1 . .

wtb&&p& 

### means the policy board of an organization created as a result ofthe designationDrocess in 23 U.S.C. 134(dL AD. "Milestone"

### has the meaning given 

### in CAA Sections 182(g)(l) and 189(c)for serious and above

ozone nonattainment areas and PMlO nonattainment areas, respectively. For all other nonattainment areas, a milestone consists of an emissions level and the date on which that level is to be achieved as required by the applicableCAA provision for reasonable further progress towards attainment. 

### AE. "Motor vehicle emissions budget"

### is thatportion ofthe total allowable emissionsdefhed in the submitted or approved control strategy implementation plan revision or maintenance plan for a certain date forthe purpose of meeting reasonable further progress milestones or demonstrating attainmentor maintenance of the NAAQS, for any criteria pollutant or its precursors, allocatedby the SIP to highway and transit vehicle use and emissions. AF. "Nationalambient air quality standards (NAAQS)" 

### are those standardsestablishedpursuant to Section 109 ofthe CAA. AG. "NEPA"

### means theNationa1EnvironmentalPolicy Act 

### of 1969, as amended, 42 U.S.C. 4321, et
seq. 

### AH. "NEPAprocess completion",

### forthe purposes ofthis part, with respect to FHWA 

### or 

### FTA, means the point at which there is a specific action to make a determination that a project is categorically excluded, to make a finding ofno significantimpact, or to issue a record of decisionon a final environmental impact statement under NEPA. 

### AI. "NMDOT"

### means the New Mexico department oftransportation or its successor agency or authority, 

### asrepresentedby the department secretary or his or her designee. AJ. "Nonattainmentarea" 

### means any geographic region oftheUnited Stateswhich 

### has been designated as nonattainmentunder Section 107 of the CAA for any pollutant for which a national ambient air 

### quality standardexists. AK. "Project"

### means a highway project or transit project. AL. "Protective finding"

### means a determinationby US EPAthat a submitted control strategy implementation plan revision contains adopted control measures or written commitmentsto adopt enforceable controlmeasures that fully satisfythe emissions reductions requirementsrelevant to the statutory provision for which the implementation plan revision was submitted, such as reasonablefurther progress or attainment. AM. "Recipient

### offunds designated under title 

### 23 

### U.S.C. or the federaltransit laws" 

### means any agency at any level of state, county, city, or regional governmentthat routinely receives title 23 U.S.C. or federal transit law funds to constructFHWA/FTA projects, operateFHWAIFTAprojects or equipment, purchase equipment, or undertake other servicesor operations via contracts or agreements. This definition does not include private landownersor developers, or contractors or entities that are only paid for servicesor products createdby their own employees. 

### AN. "Regionally significant project"

### means a transportationproject (otherthan anexempt project) that is on a facilitywhich serves regional transportationneeds (such as accessto and from the area outsideofthe region, major activity centers in the region, major planned developments such as new retail malls, sports complexes,

Proposed Revisions to 20.2.99 NMAC 4etc., or transportation terminals, as well as most terminals themselves) and would normally be included in the modeling of a metropolitan area's transportationnetwork, including at a minimum: (1) all principal arterial highways; and (2) all fxedguideway transit facilities that offer an alternativeto regional highway travel. AO. "Safetymargin" means the amount by which the total projected emissions from all sources of a given pollutant are less than the total emissions that would satisfy the applicablerequirement for reasonablefurther progress, attainment, or maintenance. 

### AP. "Standard" means a national ambient 

### air quality standard. AQ. "Stateimplementation plan 

### (SIP)" means an applicableimplementationplan and the applicable portion (or portions) of the New Mexico state implementationplan, or most recent revision thereof, which hasbeen approved under Section 110,or promulgated under Section 110(c),or promulgated or approved pursuantto regulations promulgated under Section30l(d) ofthe CAA and which implements the relevant requirementsofthe CAA (see the definition for "applicable implementationplan"). AR. "Title23 U.S.C."means title 23 ofthe United States Code. AS. "Transit"is mass transportationby bus, rail, or other conveyance which provides general or special service to the public on a regular and continuing basis. It does not include school buses or charteror sightseeing services. AT. "Transitproject"is an undertakingto implement or modify a transit facility or transit-related program; purchase transit vehicles or equipment;or provide financial assistance for transit operations. It does not include actions that are solely within thejurisdiction of local transit agencies, such as changes in routes, schedules,

or fares, It may consist of severalphases. For analytical purposes, it shall be defined inclusivelyenough to: (1) connect logical termini and be of sufficient length to address environmental matters on abroad scope; (2) have independent utility or independent 'significance,i.e., be a reasonable expenditureeven if no additional transportation improvementsin the 

### area are made; and (3) not restrict consideration of alternatives for other reasonably foreseeabletransportation improvements. AU. "Transportation control measure (TCM)" is any measure that is specificallyidentified and committed to in the applicable imvlementation plan 

### W,includincr a substitute or additional TCM that is incorporated into the applicable SIP throughthe process established in CAA section 176fc)(8).that is either one of the types listed in Section 108ofthe CAA, or any other measure for the purpose of reducing emissionsor concentrationsof air pollutants from transportation sources by reducing vehicle use or changing traffic flow or congestion conditions. Notwithstandingthe above, vehicle technology-based, fuel-based, and maintenance-based measures which control the emissionsfrom vehicles under 

### fixed traffic conditionsare not 

### TCMs for the purposes of this part.AV. "Transportation improvement program 

### (TIP)"means a transportation improvementprom developed bv a metropolitan planning orginaizationunder

23 -U.S.C. 134(j). AW. "Transportation plan" means the official intermodal metropolitan transportation plan that is developed through the metropolitan planning process for the metropolitanplanning area, developed pursuant to 23 

### CFRpart 450. 

### AX. "Transportation project" is a highway project or a transit project. AY. "USEPA" means the United States environmental protection agency 

### AZ. "US DOT" means the United States department of transportation. 

### BA. "Writtencommitment" for the purposes of this part means a written commitment that includm a descriptionofthe action to be taken; a schedule for the completion of the action; a demonstrationthat funding necessary to implement the action has been authorizedby the appropriatingor authorizing body; and an acknowledgment that the commitment is an enforceable obligation under the applicable implementation plan. [12/14/94; 11/23/98;20.2.99.7 NMAC 

### - Rn,20

### NMAC 2.99.107 10/31/02;A, 10/15/05;A, 07/16/07: xxlxxlO81

20.2.99.8 DOCUMENTS: Documents incorporated and cited in this Part may be viewed at theNew Mexico EnvironmentDeparbnent, Air Quality Bureau, Harold Runnels Building, 1190 St. Francis Dr., or 2048 Galisteo St., Santa Fe, 

### NM 87502. [12/14/94; 11/23/98;20.2.99.8 NMAC 

### - Rn,20NMAC 2.99.108 10/31/02] [Current locationis2048 Galisteo St., SantaFe, 

### NM 87505.1

Proposed Revisionsto 20.2.99 NMAC20.2.99.9 

### to 20.2.99.108 [RESERVED]

20.2.99.109 

### APPLICABILITY A. Action applicability. (1) Except asprovided for in Subsection C of20.2.99.109 NMAC or Subsection A of 20.2.99.149 NMAC conformitydeterminations arerequired for: (a) the adoption, acceptance, approval or support oftransportation plans and transportation plan amendments developedpursuant to 23 CFR part 450 or 49 CFRpart 613by an MPO (or NMDOT in the absenceof an MPO) or US DOT; @) the adoption, acceptance, approval or support of TIPSand 

### TIP amendments developed pursuantto 23 CFR part 450 or 49 

### CFRpart 613 by an MPO (or NMDOT in the absence of an MPO) or US DOT; and (c) the approval, funding, or implementation ofFHWALFTAprojects. (2) Conformitydeterminations are not required under this part for individual projects which are not FHWA/FTAprojects. However, 20.2.99.140 NMAC appliesto such projects ifthey areregionally significant. B. Geographic and pollutant applicability are set out in 20.2.99.2 NMAC (Scope). C. Limitations. 

### In order to receive any FHWA/FTA approval or funding actions, includingNEPA approvals,for a project phase subject to this subpart, a currently conforming transportation plan and 

### TIP must be in place at thetime of project approval as described 

### in Subsection A of 20.2.99.133

### NMAC, except asprovided by SubsectionB of 20.2.99.133 NMAC. 

### D. Grace period for new nonattainment areas. For areas or portions of areas which have been continuously designated attainment or not designated for any standard for ozone, CO, PM10, 

### PM2.5 or NO2 since 1990and are subsequentlyredesignated to nonattainment or designated nonattainment for any standard for any of thesepollutants, theprovisions ofthis subpart shallnot apply with respect to that standard for 10months following the effective data of final designationto nonattainment for each standard for such pollutant. [12/14194; 11/23/98; 20.2.99.109 NMAC 

### - Rn,20 

### NMAC 2.99.109 10131102;A, 10/15/05]

20.2.99.110 PRIORITY: When assisting or approving any actionwith air quality related consequences, FHWA and FTA shall give priority to the implementation ofthose transportation portions of a SIPprepared to attain and maintain theNAAQS. Thispriority shall be consistentwith statutory requirementsfor allocation of funds among States or other jurisdictions. [12/14/94; 11/23/98; 20.2.99.1 10 NMAC 

### -Rn,20 NMAC 2.99.110 10/31/02]

20.2.99.111 

### FREQUENCY OF CONFORMITY DETERMINATIONS: A. Conformitydeterminations and conformityredeterminations for transportation plans, TIPS,and FHWAIF-TA projects shall be made according to the requirements of 20.2.99.11 1 NMAC through 20.2.99.1 15 NMAC and the SIP. B. During thetwelve (12) month mace period referenced 

### in Sections20.2.99.1 12.20.2.99.1 13, NMAC. and 20.2.99.1 15NMAC. a~roiect may be found to conform according to the requirements ofthis subsection 120.2.99.1 11

### .B NMAC) if: (1) The project is includedin the currentlv conforming transportationplan and TIP lor rerrional 

### emissions analvsis): or (2) The project is included in the most recent conforming transportationplan and TIP forregional emissionsandvsis). [12/14/94; 11/23/98; 20.2.99.1 11NMAC - 

### Rn, 20.NMAC 2.99.1 11 10/31/02; 

### A. XXlxxlOb]

20.2.99.112 

### FREQUENCY OF CONF'ORMITY DETERMINATIONS

# - TRANSPORTATIONPLANS. A. Each new transportation plan shall be found to conform before the transportation plan is approved by the MPO (or NMDOT 

### in the absence of an MPO) and accepted by the US DOT. 

### B. All transportationplan 

### r%uisierts amendments shallbe found to conform before the transportation plan 

### iwkhsamendments are approved by the MPO (or NMDOT in the absence of an MPO) or accepted by the US DOT, unless the 

### ixwkk amendment merely adds or deletes exemptprojects listed in 20.2.99.151 NMAC. aid



## . . . .

.. . The conformity determination shallbe based on thetransportationplan and thsfedsieR amendmenttaken 

### as a whole. 

### C. The MPO and US DOT shall determinethe conformity of the transportation plan (including a new

Proposed Revisionsto 20.2.99 NMAC 6regional emission analysis) no less frequently than every 

### W

## four (3 4J years. If more than

### b

### four(3 4J years ela~se afterUS DOT's conformitv determination without the MPO and US DOT determining conformi& of the

- r u transportation plan, a twelve (12) month grace period will be implemented as described in Subsection

### B of 20.2.99.1 11NMAC. At theend of this twelve (12)month grace period. the existing conformity determination will lapse. [12/14/94; 11/23/98;20.2.99.1 12NMAC

### - RII, 20 NMAC 2.99.1 12 10/31/02;

### A, 10/15/05; A, xx/xx/O8]

2020.2.99.113 FREQUENCY OF CONFORMITY DETERMINATIONS

# - TRANSPORTATION IMPROVEMENT PROGRAMS. A. A new TIP must be found to conform beforethe TIP is approvedby the MPO (or NMDOT 

### in the absence of an MPO) or accepted by the US DOT. B. A 

### TIP amendment requires a new conformity determination for the entireTIP before the amendment is approvedby the ME'O (or NMDOT 

### in the absence of an MPO) or acceptedby the US DOT, unless the amendment merely adds or deletes exempt projects listed in 20.2.99.149 NMAC and has been made in accordancewith the notification provisionsof 20.2.99.122NMAC. C. The MPO and US DOT shall determine the conformity of the 

### TIP (including a new regional emissionsanalysis) no less frequently than every dweefour (4) years. 

### Ifmore than four (4) vears elapse afterUS DOT's conformity determinationwithout the ME'O and US DOT determining conformity on the 

### TIP, a twelve (12) month maceveriod will be implemented 

### as described in Subsection

### B of 20.2.99.1 11NMAC. At the end ofthis twelve (12) month grace veriod. w-&e the existing conformity determination will lapse. [12/14/94; 11/23/98;20.2.99.113 NMAC 

### - Rn,20 NMAC 2.99.1 13 10/31/02;A, 10/15/05; A, xx/xx/08]

20.2.99.1 14 FREQUENCY OF CONFORMITY DETERMINATIONS

# - PROJECTS. FHWAIFT'A projects must be foundto conform beforethey are adopted, accepted, approved, or funded. Conformity must be redetermined for any FHWAETA project if one ofthe following occurs: (A) a significant changein theproject's design concept and s4e; (B) three (3) years elapse since the most recent major step to advance the project including; (1) NEPA process completion; (2) start of final design; (3) acquisition of a significant portion of the right-of-way; and (4) construction(including federal approval ofplans, specificationsand estimates); or 

### (C) initiation of a supplemental environmental document for air quality purposes. [12/14/94; 11/23/98;20.2.99.114 NMAC

# - Rn, 20NMAC 2.99.114; 

### A, 10/15/05]

20.2.99.115 FREQUENCY OF CONFORMITYDETERMINATIONS

# - TRIGGERS FOR TRANSPORTATION PLAN AND 

### TIP CONFORMITY DETERMINATIONS. Conformity of existing transportation plans and TlPs shall be redetermined within two (2) vears of the following, or after a twelve (12) month mace veriod (as described 

### in 20.2.99.1 16 NMAC) the existing conformity determination will lapse, and no new project-level conformity determinations may be made until conformity ofthe transportation plan and 

### TIP has been determinedby the MPO and US DOT: A. the date ofthe department's initial submission to US EPA of each control strategy implementation plan or maintenanceplan establishinga motor vehicle emissionsbudget; 

### B. the effective date ofUS EPA approval of a control strategy implementationplan revision or maintenanceplan which establishes or revises a motor vehicle emissionsbudget ifthat budget has not yet been used in a conformity determinationprior to approval; and C. the effective date of US EPApromulgation of an implementationplan which establishesor revises a motor vehicle emissionsbudget. [12/14/94; 11/23/98; 20.2.99.1 15NMAC 

### - Rn, 20NMAC 2.99.1 15 10/31/02;A, 10/15/05;~

20.2.99.116 CONSULTATION. A. 20.2.99.1 16-NMACthrough 20.2.99.124 NMAC provideprocedures for the interagency (federal, state, and local) consultation process,resolution of conflicts, and public consultation. Public consultation procedures will be developedin accordancewith the requirements for publicinvolvementin 23 

### CFRpart 450. The affected agencies listed in Subsection C of 20.2.99.1 16NMAC shallundertake a consultationprocess with each other prior to the developmentof: 1) conformity determinations, 2) major activities listed in 20.2.9.117-NMAC below; 3) specific major activities listed in 20.2.99.120 NMAC below; and 4) specificroutine activities listed in

Proposed Revisions to 20.2.99 NMAC 

### 720.2.99.121 -NMAC below. This consultationprocess shall follow the consultationprocedures described in 20.2.99.1 19 NMAC below. B. Prior to EPA's approvalof this part, any MPO (orNMDOT in the absence of an MPO) and NMDOT, before making any conformity determinations, shall provide reasonableopportunity for consultationwith the department,the local transpo'rtationagency in the county where the nonattainment or maintenancearea is located, the local air quality agency in the county 

### in which the nonattainment or maintenance area is located,New Mexico FHWA division offices, FTA region 6 offices, and EPAregion 6, including consultationon the issues described in 20.2.99.1 17NMAC. This opportunity for consultation shall be provided prior to the determination of conformity. 

### C. Affected agencies. (1) Agencies which are affected by this part and which are required to participate in the consultation process are: (a) the designated MPO for the nonattainment or maintenancearea; @) the department; (c)

' NMDOT:



## . . (d) the local transportationagency for the county or city in which the nonattainment or maintenance area is located; (e) the local transit agency forthe city or county in which the nonattainment or maintenance

area is located; (f) EPARegion 6; (g) New Mexico FHWA division offices; (h) FTA region 6; 

### (i) local air quality agencies; and (j) any other organization or resource agency within the state responsible under state law for developing, submittingor implementingtransportation-related provisions of 

### an implementation plan. 

### (2) Agencies which may be affected by this part and which are entitled to participate in the interagency consultation process include: (a) NMDOT district office for the county in whichthe nonattainment or maintenance area is located; and @) the city or county government in the city or county where the nonattainment or maintenance area is located. 

### D. Policy level points of contact and policy level meetings. 

### (1) Thepolicy level points of contact for participating organizationsare as follows: (a) MPO: executive director or designee; @) department: secretary or designee; (c) 

### NMDOT: secretaryor designee; 

### (d) NMDOT district office: district engineer; (e) local government: chief administrative officer or designee; (f) EPAregion 6: regional administratoror designee; (g) FHWA

### NM division office: division administrator or designee; (h) JTAregion 6: regional administrator or designee; 

### (i) other organizations: 

### as directed in writing. (2) Policy level meetings shallbe those meetings to which the followingindividualshavebeen given amplenotice thereof 

### (a) policy level points of contact for 

### all agencieswhich 

### are required to participate

### inthe conformity process; and (b) the policy level points of contact for all agencies and organizations which are entitledto participateand have submitted a written request to participatein the conformityprocess. [12/14/94; 11/23/98 ;20.2.99.1 16NMAC - 

### Rn,20 Nh4AC 2.99.116 10/31/02;

### A, 10/15/05]

20.2.99.117 

### AGENCY ROLES 

### IN CONSULTATION. Specific roles ofthe agencies participating 

### in the interagency consultation process are listedbelow. Specific responsibilities ofthe agencies participating in the interagency consultation process are listed 

### in 20.2.99.1 18NMAC. For the purposes ofthispart, the lead agency for all conformityprocesses and procedures is that agency which is responsible for initiatingthe consultation process, preparingthe 

### initial and final drafts ofthe document or decision, and for assuringthe adequacy ofthe interagency consultation process.

Proposed Revisionsto 20.2.99 NMACA. The department shall be the lead agency for the developmentof: (1) applicable control strategy implementation plan revisions for the nonattaihnent or maintenance
area; (2) the list ofTCMs tobe submitted as part of the SIP; and (3) any amendmentsor revisions thereto. B. In the case of areas in which an MPO has been established, the designatedMPO for the nonattainment or maintenance area shallbe the lead agency for: (1) the development of the unified planning work program under 23 CFR 450.3 14; (2) development of the transportation plan for the nonattainment or maintenance area; (3) developmentof the TIP for the nonattainmentor maintenance area; (4) any amendments or revisions thereto; (5) any determinations of conformity under this part for which that MPO is responsible; 

### (6) choosing conformity tests and methodologiesfor isolated rural nonattainment and maintenance

areas as required by Subparagraph (c) ofParagraph (2) of Subsection

### L of 20.2.99.128 NMAC; and (7) development of TCMs, 

### in cooperationwith the department. C. 

### In the case of areas in which 

### an MPO has not been established,Nh4DOT shall be the lead agency for: (1) the developmentof the transportation plan for the nonattainment or maintenancearea; (2) development ofthe TIP (transportation improvement program) for the nonattainment or maintenancearea; (3) any amendments orrevisions thereto; (4) any determinationsof conformity under this part for which an MPO would be otherwise responsible;(5) choosing conformity tests and methodologies for isolated rural nonattainment and maintenance

areas asrequired by Subparagraph (c) of Paragraph (2) of Subsection

### L of 20.2.99.128 NMAC; and 

### (6) development of TCMs, in cooperation with the department. [12/14/94; 11/23/98;20.2.99.1 17 NMAC 

### - Rn, 20 NMAC 2.99.1 17 10/31/02; 

### A, 10/15/05]

AGENCY RESPONSIBILITIESIN CONSULTATION. The department shallbe responsible for developing or providing: emissions inventories; emissions budgets; air quality modeling; attainment demonstrations; control strategy implementation plan revisions; regulatory TCMs; and updated motor vehicle emissions factors. 

### B. The designated

### MPO (or, 

### in nonattainment or maintenance areas where an

### MPO hasnot been established,NMDOT) shall be responsible for: (1) developing transportation plans and TIPS; (2) developingand evaluating TCM transportation impacts; (3) developing transportation and socioeconomic data and planning assumptions and providing such data and planning assumptions for use in air quality analysis to determine conformity of transportationplans, TIPS, and projects; (4) monitoring regionally significantprojects; (5) developing system- or facility-basedor other programmatic (non-regulatory) TCMs; (6) providing technical input on emissionsbudgets; and (7) performing transportation modeling, regional emissions analyses and documentation of timely implementation ofTCMs needed for conformity assessments. C. NMDOT shallbe responsible for: (1) providing technical input on proposed revisions to motor vehicle emissions factors; (2) distributing draft and fmalhighway or transit project environmental documentsto other agencies; and (3) conveningair quality technical review meetings on specific highway or transit plans, programs and projects when requested by other agencies or as needed. D. FHWANew Mexico offices and FTA region 6 shallbe responsible for:

ProposedRevisions to 20.2.99 NMAC

### (1) assuring timely action on final findings of conformity, after consultation with other agencies

### as provided in 20.2.99.1 16 through 20.2.99.124 NMAC; and 

### (2) providing guidance on conformity and the transportationplanning process to agencies

- - participating in the interagency consultation process. 

### E. EPA region 6 shall be responsible for providing guidance on conformity criteria and proceduresto agencies participating 

### in the interagency consultation process. [12/14/94; 11/23/98;20.2.99.118 NMAC 

### - Rn,20 NMAC 2.99.118 10/31/02;A, lO/l5/05]



### 20.2.99.119 GENERAL CONSULTATION PROCEDURES: The following are the responsibilitiesoflead and participating agencies ateach stage ofthe consultation process: 

### A. It shall bethe affirmativeresponsibility of the lead agency to initiate the consultation processby: 

### (1) Notifying other participants ofthe plan, program, or project which must undergo the interagency consultation process; 

### (2) Preparing an initial draft of the document being developed, together with necessary supporting information;

### (3) Convening consultationmeetings and agendas when the initial draft of the document being developed is complete; and 

### (4) Appointing the conveners of technical meetings. 

### B. It shallbethe responsibilityofthe lead agency to facilitatethe interagency consultationprocess by: 

### (1) Confening with 

### all other agencies identified under subsection C of 20.2.99.1 16NMAC who are participating 

### in the particular consultationprocess; 

### (2) Providing all appropriate information needed for meaningful input to the participatingagencies, includingtimely notification of all policy level and relevanttechnicalmeetings; 

### (3) Soliciting early and continuing input fromparticipating agencies; 

### (4) Scheduling consultationmeetings as specified in this Part; 

### (5) Conductingthe consultation process 

### as described in this section (20.2.99.1 19

### NMAC); 

### (6) Assuring that all relevant documents and information, including draftsof the documentbeing developed and necessary background documents, are suppliedto all participants in the consultationprocess in a timely manner; 

### (7) Where required, assuring policy-level contact with those agencies; (8) Considering the views of each participating agency and (except with respect to those actionsfor which only notificationisrequired) responding to written comments in a timely, substantivewritten mannerprior to making any final decision on the document that is the subject of the consultation process; and 

### (9) Assuring that such views and written response are made part ofthe record of any decision or action. C. Regular consultation on major activities,as defined in 20.2.99.120NMAC, shall includepolicy level meetings beginningno later than nine (9) months prior to the date a final documentis required (or the date on which such agency begins its own work on such document,if later) and continuing at regular, scheduled intervalsno less frequently than quarterly. 

### In addition, technical meetings shall be convened as necessary. Not later than thirty (30) days prior to the adoption or approval ofthe final document or decision, the lead agency shall supply the final drafi document, including allrelevant information and documents, 

### as appropriate, to the participating agencies. 

### D. Regular consultation on routine activities. as defined in 20.2.99.121 Nh4AC. shall include

u meetings at regular, scheduled intervals no less frequently than semiannually, and shall be on the agenda of at least one policy level meeting. 

### In addition, techcalmeetings shall be convened 

### as necessary. 

### E. The lead agency shall provide each final document for which a consultation process was required to be undertaken (including,but not limited to, the relevant portions of SIPSor implementationplan revisions, transportationplans, and TIPS,and determinations of conformity), together with all supporting information, as appropriate, to each participating agency 

### within fourteen (14) calendar days after adopting or approving such document or making such determination. The lead agency may supply a checklist of available supporting information, which the participating agenciesmay use to request all or part of such supporting information, in lieu of generally distributing all supporting information. 

### F. It shallbe the responsibility of each participating agency (thoselisted in paragraph (1) of subsection C of20.2.99.1 16NMAC) during the consultationprocess to: 

### (1) Confer with the lead and otherparticipating agencies (those listed in paragraph (1) of subsection C of 20.2.99.1 16NMAC) in the consultationprocess;

Proposed Revisions to 20.2.99 NMAC(2) Review and comment 

### as appropriate (including comments in writing) on all proposed and final drafl documentsand decisions within thirty (30) days of receipt; (3) Attend consultation and decisionmeetings; (4) Assure policy-level contact with other participants; (5) Provide input on any area of substantive expertiseor responsibility (including, but not limited to, planning assumptions, modeling, information on status of 

### TCM implementation,and interpretationof regulatory or other requirements);and 

### (6) Provide technical assistance to the lead agency or consultationprocess in accordance with this section when requested. G. A meeting that is scheduled or required for another purpose may be used for the purposes of consultation if the conformity consultation purpose is specifically identifiedin the announcement for the meeting and all participating agencies are notified of such meeting. [12/14/94; 11/23/98; 20.2.99.1 19NMAC 

# - Rn,20 NMAC 2.99.119 10/31/02]

20.2.99.120 CONSULTATIONPROCEDURES FOR SPECIFICMAJOR ACTIVITIES. An interagency consultation process among the members ofthe lead and participating agencies shall be undertaken forthe following specific major activitiesin accordance with all the procedures specified

### in 20.2.1 19NMAC above. The lead agency for each activity shallbe as specified, and the participating agencies shall be the agencies specifiedin SubsectionC of 20.2.99.116 NMAC above. A. Evaluation and choice of each model (or models) and associated methods and assumptions to be used in hot-spot analyses and regional emissions analyses,including vehicle miles traveled forecasting. The lead agency shall be the MPO (orNMDOT in the absenceof an MPO). 

### B. Determination of which minor arterials and other transportationprojects should be considered "regionally significant"for the purposes of regional emissions analysis (in addition to those functionally classified 

### as principal arterial or higher or fixed guideway systemsor extensions that offer an alternative to regional highway Gavel), and which projects should be considered to have a significant change in design concept and scopefkom-the transportationplan orTIP. The lead agency shall be the MPO (or NMDOT in the absence of an MPO). C. Evaluation ofwhether projects otherwiseexempted from meeting the requirements of this part (see 20.2.99.149 NMAC) should be treated as non-exempt in cases where potential adverse emissions impactsmay exist for any reason. The lead agency shall be the MPO (or NMDOT in the absence of an MPO). 

### D. Determination, as required by Paragraph (1) of Subsection C of 20.2.99.132 NMAC ofwhether past obstaclesto implementation of TCMs which arebehind the schedule establishedin the SIP have been identified and are being overcome, and whether state and local agencies wjth influence over approvals or funding for TCMs

are giving maximum priority to approval or funding for TCMs. Consultation shall also include considerationof whether delays in TCM implementation necessitaterevisions to the SIPto removeTCMs or substitute TCMs or other emission reduction measures. The lead agency shall be the MPO (orNMDOT in the absenceof an MPO). E. Determination, 

### asrequired by 20.2.99.140 NMAC, ofwhether: (1) the project is included in the regional emissions analysis supportingthe currentlyconfoming TIE"s conformity determination, even if the project is not strictly "included"

### in the TIP for the purposes ofMPO project selectionor endorsement, and (2) the project's design concept and scopehave changed significantlyfrom those which were included in the regional emissions analysis, or in a manner which would significantlyimpact use of the facility;the lead agency shall be theMPO (or NMDOT 

### in the absence of 

### an MPO). 

### P. Determination of what forecast of vehiclemiles traveled 

### (VMT) to use in establishingor tracking emissionsbudgets, developing transportation plans, 

### TIPS, or making conformitydeterminations. The lead agency shall be the MPO (or NMDOT in the absence of an MPO). G. Verification of what forecast ofvehicle miles traveled 

### (VMT) to use 

### in developing SIPS. The lead agency shall be the 

### air quality bureau of the department. 

### H. Consultation, within the context of a memorandum of agreement, on emissions analysisfor transportation activities which cross the borders of MPOs or nonattainmentareas or airbasins. The lead agency shall be Nh4DOT. I. An interagency consultation process shall be undertaken for evaluating events which will trigger

new conformity determinations

### in addition to those triggering events established

### in 20.2.99.1 11NMAC through 20.2.99.1 15NMAC. The lead agency shall be the MPO (or NMDOT in the absence of an MPO). 

### J. In the event that the metropolitanplanning area does not include the entirenonattainment or maintenancearea, an interagency consultation process involving the designatedMPO for the nonattainment or

Proposed Revisions to 20.2.99 NMAC 111 maintenance area,NMDOT, local transportation agencies,and the department, shallbeundertaken, 

### in the context of 2 anMOA, for cooperativeplanning and analysisforpurposes of determining conformity of all projects outside the 3 metropolitan area and within the nonattainment or maintenancearea. The lead agency shall beNMDOT. 4 

### K. In nonattainment or maintenanceareas where more than oneMPO is involved, such MPOs must 5 develop a memorandum of agreement or memorandum of understanding reflecting their consultation. 6 L. In nonattainment or maintenance areas where the MPO'sjurisdiction does not cover the entire nonattainment or maintenancearea, the MPO andNMDOT must develop a memorandum of agreement or a memorandum ofunderstandingreflecting their consultation. M. Choosing conformity tests and methodologies for isolated rural nonattainmentand maintenance areas, asrequiredby Subparagraph (c) ofParagraph (2) of SubsectionL of 20.2.99.128 NMAC. The lead agency shallbe the MPO (orNMDOT in the absence of an MPO). [12/14/94; 11/23/98;20.2.99.120NMAC 

### - Rn,20Nh4AC 2.99.120 10/31/02;

### A, 10/15/05]

20.2.99.121 CONSULTATION PROCEDURES FOR SPECIFICROUTINEACTIVITIES. An interagencyconsultation process among the lead and participating agencies shallbe undertaken for the following routine activities

### in accordance with 

### all the procedures specified

### in 20.2.99.1 19Nh4AC. The lead agency for each activity shall be as specified,and the participating agencies shall be the agencies specified

### in SubsectionC of 20.2.99.1 16

### NMAC above or 

### as specifiedfor the specific activity. Not later than 

### thirty (30) days prior to the preparation ofthe finaldocument or decision, the lead agency shall supply all relevant informationand documents,


### as appropriate, to theparticipating agencies. A. Identification, as required by Subsection 

### B of 20.2.99.146 NMAC, ofprojects located at sites 

### in PMlO nonattainment areas which have vehicle and roadway emission and dispersion characteristicswhich are essentially identicalto those at sites which have violationsverified by monitoring, and therefore require quantitative PMlO hot-spot analysis. The lead agency shall be eithertheMPO orNMDOT, in cooperation with the department. 

### B. Assumption ofthe location and design concept and scope of projectswhich are disclosed to the MPO, as required by Subsection D of 20.2.99.121Nh4AC, but whose sponsors have not yet decided these features in sufficient detail to perform the regional emissionsanalysis accordingto the requirements of 20.2.99.141 NMAC through 20.2.99.147 NMAC. The lead agency shall be eitherthe MPO orNMDOT. Participating agenciesshaU include recipientsof funds designated under title 23 U.S.C. or the federal transit laws. C. The design, schedule,and funding of research and data collection efforts; and regional transportationmodel development by the MPO (e.g., household/traveltransportation surveys). The lead agency shall be either the NMDOT or the MPO, as applicable. Participating agencies shallbe the MPO, the department, and the NMDOT. 

### D. Regionally SignificantNon-FHWARA Projects. (1) Assurance that plans for constructionof regionally significant projects which are not 

### FHWAlFTA projects (including projects for which alternativelocations, design concept and scope,or the no-build option are still being considered), includingall those sponsoredby recipients of funds designated under title 23 U.S.C. or the federal transit laws, are disclosed to the MPO on a regularbasis, and to assure that any changes to thoseplans are immediately disclosed. The lead agency for this process shallbe the agency which is implementing the project. Participatingagencies shall be the MPO, the department, NMDOT, local transportationand transit agencies for the city or county

### in which the nonattainment or maintenance area is located, and recipients of funds designatedunder title 23 U.S.C. or the federal transit laws. (2) The sponsor of any such regionally significant project, and any agency that becomes aware of any such project through applicationsfor approval, permittingor funding or otherwise, shall disclose such projectto the designated MPO forthe nonattainment or maintenance area and NMDOT 

### in 

### a timely manner. Such disclosure shall be made not later 

### thanthe fist occasion on which any ofthe following actions is sought: (a) any policy board action necessary for the projectto proceed; @) the issuance of administrativepermits for the facility or for constructionofthe facility; (c) the executionof a contract to design or construct the facility; 

### (d) the execution of any indebtedness for the facility; (e) any final action of a board, commission or administratorauthorizing or directing employees to proceed with design, permitting or constructionofthe project; or (f) the execution of any contract to design or construct; or any approval needed for any facility that is dependent onthe completion ofregionally significantproject. (3) 

### In the case of any such regionally significant project that has not been disclosed in a timely

manner to the designated MPO for the nonattainment or maintenance area, NMDOT, and other interested agencies

Proposed Revisions to 20.2.99 

### NMGC 12participating in the consultation process, such regionally significant project and all other regionally significant projects of that sponsor shall be deemedto be not included

### in the regional emissions analysis supporting the currently conformingTIP'Sconformity determinationand tobe not consistent with the motor vehicle emissions budget in the SIP, for the purposes of 20.2.99.140 NMAC. 

### In the case of repeated failures to discloseregionally significant projects by an agency that becomes aware of any such project through applications for approval, permitting or funding, all otherregionally significant projects within the jurisdiction of such agency shall be deemed to be not included in the regional emissions analysis supportingthe currently conforming 

### TIP'Sconformity determination and to be not consistent with the motor vehicle emissionsbudget in the SIP, for the purposes of 20.2.99.140 NMAC. (4) For the purposes ofthis section (20.2.99.121 NMAC) and 20.2.99.140 NMAC, the phrase "adopt

or approve of a regionally significantproject" means the first time any action necessaryto authorizing-aproject occurs, such 

### asany policy board action necessary for the project to proceed, the issuanceof administrativepermits for the facility or for constructionofthe facility, the execution of a contract to construct the facility, any final action of a board, commissionor administrator authorizingor directing employees to proceed with constructionofthe project, or any written decision or authorization from the MPO that the project may be adopted or approved. [12/14/94; 11/23/98;20.2.99.121 NMAC 

### - Rn, 20 NMAC 2.99.121 10/31/02;A, 10/15/05]

20.2.99.122 NOTIFICATIONPROCEDURES FOR ROUTINE ACTIVITIES. Notification of affected agencies (including those listed in Paragraph (1) of Subsection C of 20.2.99.1 16NMAc) oftransportationplan or TIP revisleRfer amendmentswhich merely add or delete exempt projects listed in 20.2.99.149 NMAC, shallbe the affiiativeresponsibility ofNMDOT andlor the MPO. Suchnotification shall be provided not later than thirty (30) days prior to the preparationofthe fmal draft of the document or decision. This process shall include: A. notificationofthe affected agencies (including those listed in Paragraph (1) of SubsectionC of 20.2.99.1 16NMAC) early in the process of decision on the final document; and B. supplying all relevant documents and information to the affected agencies (including those listed in Paragraph (1) of SubsectionC of 20.2.99.1 16 NMAC). [12/14/94; 11/23/98;20.2.99.122 

### NMAC 

### - Rn, 20 NMAC 2.99.122 10/31/02;

### A, 10/15/05;A, xx/xx/08]

20.2.99.123 CONFLICTRESOLUTION

### AND APPEALS TO THE GOVERNOR A. Any conflict among state agencies or between state agencies and an h4PO shall be escalated to the governor if the conflict cannot be resolved by the heads of the involved agencies. Prior to such escalation,such agencies shall make every effort to resolve any differences,including personal meetings between the heads of such agencies or their policy-level representatives, to the extent possible. B. The departmenthas fourteen (14) calendar days to appeal a determination of conformity (or other policy decisionunder this part) to the governor afterNMDOT or MPO has notified the department of the resolution of all comments on such determination of conformityor policy decision. Such fourteen-day period shall commence when the h4PO orNMDOT has confirmedreceipt by the secretary ofthe department of the resolution of the comments ofthe department. 

### If the department appealsto the governor, the final conformity determinationmust have the concurrenceof the governor. The department must provide notice of any appeal under this Subsectionto the MPO and NMDOT. If the department does not appealto the governor within fourteen (14) days, the MPO or NMDOT may proceed with the final conformity determination. C. 

### In the case of any comments with regard to fmdings of fiscal constraint under 20.2.99.127 

### NMAC

or the air quality effects of any determination of conformity, NMDOT has fourteen (14) calendar days to appeal a determination of conformity (or other policy decision under this part) tothe governor after the MPO has notified the departmentorNMDOT ofthe resolution of all comments on such determination of conformity or policy decision. Such fourteen-dayperiod shall commencewhen the MPO has confirmed receipt by the secretary of the department

or NMDOT of the resolution of the comments ofNMDOT. 

### IfNMDOT appeals to the governor, the final conformity determinationmust have the concurrenceof the governor. MOT must provide notice of any appeal under this subsectionto the h4PO and the department. IfNMDOT does not appeal to the governorwithin fourteen days, the MPO may proceed with the final conformity determination. D. The governor may delegatethe role ofhearing any such appealunder this Subsection and of decidingwhether to concur in the conformity determinationto another officialor agency within the state, but not to the head or staffofthe department or any local air quality agency,NMDOT, a state transportation commission or board, any agency that has responsibilityfor one ofthese functions, or an h4PO. [12/14/94; 11/23/98; 20.2.99.123 NMAC 

### - Rn, 20 NMAC 2.99.123 10/31/02;A, 10/15/05]

Proposed Revisionsto 20.2.99 NMAC20.2.99.124 PUBLIC CONSULTATION PROCEDURES: A. Affected agencies making conformity determinationson transportation plans,programs, and projects shall establish a proactive public involvement process which provides opportunity for public review and commentby, at a

### minimum providing reasonable public access to technical and policy informationconsideredby the agency at thebeginning ofthe public comment period, and prior to taking formal action on a conformity determinationfor all transportation plans and TIPS,and projects, consistent with the requirementsof 23 CFRpart 450, including sections450.316 @#I+@ 450.322(c), and 450.324(c) 

### as in effect on the date of adoption of this Part. Any charges imposed for public inspectionand copying shouldbe consistent with the fee schedule contained in 49 OR 7.43. 

### In addition, any such agency must specificallyaddress in writing all public comments which allege that known plans for a regionally significant project which is not receivingFHWA or 

### FTA fundingor approval have not been properly reflected in the emissions analysis supportinga proposed conformityfindingfor a transportation 

### ' plan or 

### TIP. Any such agency shall also provide opportunity for publicinvolvement in conformity determinations forprojectsto the extent otherwiserequired by law (e.g. NEPA). 

### B. The opportunity for public involvement provided under this section (20.2.99.124

### NMAC) shall include access to information, emissionsdata, analyses, models and modeling assumptions used to perform a conformity determination, and the obligationof any such agency to consider and respond in writing to significant comments. 

### C. No transportationplan, 

### TIP, or project may be found to conform unlessthe determination of conformityhas been subject to a public involvement process 

### in accordance with this section, without regard to whether theUS 

### DOThas certified any process under 23 CFRpart 450. [12/14/94; 11/23/98; 09/08/99;20.2.99.124 

### NMAC 

# - Rn,20 

### NMAC 2.99.124 10131/02;A, 07/16/07: A, xx/xx/081

20.2.99.125 CONTENT OF TRANSPORTATION PLANS 

### AND TIMEFFUMJCS

### OF CONFORMITY DETERMINATIONS. A. Transportation plans adopted after January 1, 1997,

### in serious, severe, or extreme ozone nonattainment 

### areas and 

### in seriouscarbon monoxide nonattainment areas. 

### If the metropolitan planning area contains

an urbanized area population greater than two hundred thousand (200,000), the transportation plan must specifically describe the transportation system envisioned for certain future years which shall be called horizon years. 

### (1) The agency or organization developingthetransportation plan, afterconsultation in accordance with 20.2.99.1 16

### NMAC through 20.2.99.124 

### NMAC, may choose any years to be horizon years, subject to the following restrictions: (a) horizon years may be no more than ten (1 0) years apart. (b) the first horizon year may be no more than ten (10) years from thebase year used to validatethetransportation demand planning model. (c) 

### 4 the attainmentyear is must be a horizon year if it isin the +mqmwMe timeframe of thetransportation plfi and conformitv determination. (d) the last- year ofthe transportation plan's forecastperiod shall be&e-k& a horizon year& (el if thetimeframe of the confonnitv determination has been shortened under Subsection

### D of this section (20.2.99.125 

### NMACI. the last year of thetimeframe of the wnformitv determinationmust be a horizon
(2) For these horizon years: (a) the transportation plan shall quantify and documentthe demographic and employment factorsinfluencing expected transportation demand, including land use forecasts, in accordance with implementation plan provisions and 20.2.99.116 

### NMAC through 20.2.99.124 

### NMAC; @) the highway and transit system shall be described in terms ofthe regionally significant additions or modificationstothe existing transportation networkwhich the transportation plan envisionsto be operational in the horizon years; additions and modifications to thehighway network shall be sufficiently identified to indicate intersections with existing regionally significantfacilities, and to determinetheir effect on route options between transportation analysis zones; each added or modified highway segment shall alsobe sufficiently identified in terms of its design concept and design scope to allowmodeling oftravel times under various trafficvolumes, consistent with the modeling methods for area-widetransportation analysis

### inuseby the 

### MPO; transit facilities, equipment, and services envisionedfor the future shall be identified in terms of design concept, design scope, and operating policies sufficientlyto allow modeling of their transit ridership; the description of additions and modifications to the transportation network shall alsobe sufficiently specific to show that there is a reasonable relationship between expected land use and the envisionedtransportation system; and

Proposed Revisions to 20.2.99 NMAC(c) other future transportation policies, requirements, services, and activities, including intermodal activities, shall be described. 

### B. Two-year grace period for transportation plan requirements in certain ozone and 

### CO areas. The requirements of Subsection 

### A of 

### 20.2.99.125 NMACapplies to such areas orportions of such areasthat have previously not been requiredto meet these requirements for any existing

### NAAQStwo years from the following: 

### (1) the effective date ofEPA's reclassificationof an ozone or CO nonattainmentarea that has greater than 

### 200,000to serious or above; 

### (2) the official notice by the census bureau that determines theurbanized area population of a serious

or above ozone or CO nonattainment 

### area to be greater that 

### 200,000; or 

### (3) the effectivedate ofEPA's action that classifiesa newly designated ozone or CO nonattainment

area that has an urbanized areapopulation greater than 

### 200,000

### as serious or above. 

### C. Transportationplans for other areas. Transportation plans for other areasmust meet the requirements of SubsectionA of 

### 20.2.99.125NMACat least to the extent it has been the previous practice of the 

### MPO to prepare plans which meet thoserequirements. Otherwise,transportation plans must describe the transportation system envisioned for the future specificallyenough to allow determinationof conformity according to the criteria and procedures of 

### 20.2.99.128NMAC through 

### 20.2.99.138 NMAC. D. Timeframeof confodtvdetermination. 

### (1) Unless an election is made under this subsection 

### (20.2.99.125.D NMAC), the timeframe of the 

### conformitvtransportatofon plan's forecastperiod. 

### (2) For areas that do not have an adequateor avproved CAA section 

### 175Afi) maintenanceplans, the

comments. (a) the shortened timeframe of the conformitvdetermination shdl extend at least to the latest of the followingyears: {i) the tenth vear ofthe transportationplan: (ii) the latest vear for which 

### an adequate or approved motor vehicle emissionsbudget(s) is established in the submitted or applicableimplementationplan: or (iii) the vear 

### after the completion date of a regionally simificant vroiect if the proiect is included in the TIP or proiect requires approval before the subsequentconformitv determination.

mr informational purposes only) for the last year ofthe transportationplan and for any vear shown to exceed motor vehicle emissionsbudgets in a prior reeional emissions analysis. if such a vear extends bevond the timeframe ofthe conformity determination. 

### (3) For areas that have an adeauate or approved

### CAA section 175Afi) maintenance plan, the

### MPO may electto shorten the timeframe of the conformitv determinationto extend through the last year of such maintenance plan after consultation with state and local 

### air qualitv agencies. solicitation of comments, 

### and consideration of such comments. (4). Any election made by an MPO under Paragmhs 

### (2)and (3) of 

### 20.2.99.125.DNMAC shall continue

### in effect until theMPO elects otherwise, after consultationwith state and local 

### air quality agencies, solicitation ofpublic comments, and consideration of such comments. 

## ?3E. Savings. The requirements ofthis section 

### (20.2.99.125 NMAC) supplement other requirements of applicablelaw or regulation governingthe format or content of transportationplans. 

### [12/14/94; 11/23/98; 20.2.99.125NMAC 

### - Rn,20 NMAC 

### 2.99.125 10/31/02; A, 10/15/05; A, 

### xx/xx/O81



### 20.2.99.126 RELATIONSHIPOPTRANSPORTATIONPLAN AND 

### TIP CONFORMITY TO THE NEPA PROCESS: The degree of specificityrequired 

### in the transportationplan and the specifictravel network assumed for air quality modeling do not preclude the considerationof alternatives

### in theNEPA process or other project development studies. Shouldthe NEPA process result 

### in a project with design concept and scope significantly differentfrom that 

### in the transportation plan or TIP, the project must meet the criteria in 

### 20.2.99.128 NMACthrough 

### 20.2.99.138 NMAC for projectsnot from a 

### TIP beforeNEPA process completion. 

### [12/14/94; 11/23/98; 20.2.99.126 NMAC 

### - Rn, 20 NMAC 

### 2.99.126 10/31/02]



### 20.2.99.127 FISCAL CONSTRAINTS FOR TRANSPORTATIONPLANS AND 

### TIPS: Transportation plans and TIPSmust be fiscally constrained consistent with US DOT'Smetropolitan planningregulationsat 

### 23 CFR

Proposed Revisionsto 

### 20.2.99 NMAC 15Part 450 

### in order to be foundin conformity. The determination that a transportationplan or TIP is fiscally constrained shall be subjectto consultation

### in accordance with 20.2.99.1 16NMAC through 20.2.99.124 NMAC. [12/14/94; 11/23/98;20.2.99.127 NMAC 

# - Rn,20 NMAC 2.99.127 10/31/02]

20.2.99.128 

### CRITERIAAND PROCEDURESFOR 

### DETERMINING CONFORMITY OF TRANSPORTATION PLANS, PROGRAMS,AND 

### PROJECTS

# - GENERAL. 

### A. 

### In order for each transportation plan, program, and FHWAFTAproject to be foundto conform the MPO and US DOT must demonstrate that the applicable criteria and procedures in this part are satisfied and the MPO and US DOT must comply with all applicable conformity requirements of implementationplans and of court orders for the 

### areawhich pertain specificallyto conformity. The criteria for making conformity determinations differ based on the action under review (transportationplans, TIPS, and FHWA/FTAprojects or stateprojects), the relevant pollutant(s), and the status of the implementation plan. 

### B. The following table (Table 1)indicates the criteria and procedures 

### in 20.2.99.129 NMAC through 20.2.99.138 

### NMAC which apply for transportation plans, TIPS,and FHWAFTA projects. SubsectionsC throughI of this section (20.2.99.128 NMAC) explain when the budget, interim emission, and hot spot tests arerequired for each pollutant andNAAQS. SubsectionJ of this section (20.2.99.128 NMAC) addresses conformity requirements for areas with approved or adequatelimited maintenance plans. Subsection 

### K ofthis section (20.2.99.128 NMAC) addresses nonattainmentmaintenance 

### areas which EPA has determined have insignificant motor vehicle emissions. Subsection

### L ofthis section (20.2.99.128 NMAC) addressesisolated 

### ruraI nonattainment and maintenanceareas. Table 1 follows. Table 1.Conformity Criteria (1) 

### All actions at all times (a) 20.2.99.129 NMAC. Latestplanning assumptions (b) 20.2.99.130 NMAC. Latest emissions model 

### (c) 20.2.99.13 1NMAC. Consultation (2) TransportationPlan (a) Subsection B of 20.2.99.132NMAC. TCMs (b) 20.2.99.137 NMAC and/or 20.2.99.138 NMAC. Emissions budget and/or interim emissions (3) TIP (a) Subsection C of 20.2.99.132 NMAC. TCMs @) 20.2.99.137 NMAC and/or 20.2.99.138WC. Emissions budget and /or interim emissions (4) Project (From a conforming plan and TIP) (a) 20.2.99.133 NMAC. Currently conformingplan and 

### TIP @) 20.2.99.134NMAC. Project from a conforming plan and TIP (c) 20.2.99.135NMAC. CO, PM10, and PM2.5 hot spots (d) 20.2.99.136 NMAC. PMlO and PM2.5 control measures (5) Project (Not from a conforming plan and TIP) (a) Subsection

### D of 20.2.99.132 NMAC. TCMs @) 20.2.99.133 NMAC. Currently conformingplan and TIP (c) 20.2.99.135 NMAC. CO, PM10, and PM2.5 hot spots (d) 20.2.99.136 NMAC. PMlO and PM2.5 control measures (e) 20.2.99.137 NMAC andor 20.2.99.138 NMAC. Emissions budget andlor interim emissions. C. 1-hour ozonenonattainment and maintenance areas. This Subsection (Subsection C of Section 20.2.99.128 

### NMAC) applies when an 

### areais nonattainment or maintenance for the 1-hourozoneNAAQS (i.e., until the effective date of any revocationof the 1-bour ozoneNAAQS for 

### an area). In addition to the criteria listed in Table 1 in SubsectionB of this section (20.2.99.128 NMAC) that are required to be satisfied at all times, in such

ozonenonattainmeniand maintenanceareas conformity determinations must include a demonstration that the budget andor interim emission tests are satisfied

### as described 

### in the following. (1) 

### In all 1-hour ozone nonattainment and maintenance areas the budget test must be satisfied as required by 20.2.99.137 NMAC for conformity determinations made on or after: (a) the effective dataEPA's finding that a motor vehicle emissions budget 

### in a submitted control strategyimplementaaonplan revision or maintenance plan for the 1-hourozoneNAAQS is adequatefor transportationconformity purposes; (b) the publication data ofEPA's approval of such a budget in the federal register; or

Proposed Revisions to 20.2.99 NMAC 16(c) the effective stateofEPA's approval of such a budget 

### in the federal register, if such approval is completed through direct final rulemaking. (2) 

### In ozone nonattainment areas that are requiredto submit a control strategy implementationplan revision for the 1-hour ozoneNAAQS (usually moderate

## and above areas), the interim emissions tests must be satisfied as required by 20.2.99.138 NMAC for confonnity determinations made when there is no approved motor vehicle emissibnsbudget form an applicableimplementation plan for the I-hour ozone NAAQS and no adequate motor vehicle emissions budget form a submitted control strategy implementation plan revision or maintenance plan for the 1-hourozone NAAQS. (3) An ozonenonattainmentarea must satisfy the interim emissions test forNOx, as required by 20.2.99.138 NMAC, if the implementationplan or plan submission that is applicable for the purposes of conformity determinations is a fifteen percent (15%) plan or phase I attainment demonstration that does not include a motor vehicle emissions budget forNOx. The implementation plan for the 1-hour ozoneNAAQS will be considered to establisha motor vehicle emissionsbudget forNOx ifthe implementation plan or plan submission contains an explicitNOx motor vehicle emissionsbudget that is intendedto act as a ceiling on futureNOx emissions, and the NOx motor vehicle emissions budget is a net reduction fromNOx emissions levels in 1990. (4) Ozone nonattainment areas that have not submitted a maintenance plan and that are not required to submit a control strategy implementationplan revision for the 1-hourNAAQS (usually marginal and below areas) must satisfy one ofthe following requirements: (a) the interim emissions tests requiredby 20.2.99.138NMAC; or @) the department shall submit to US EPA an implementation plan revision for the 1-hour ozone NAAQS that contains motor vehicle emissionsbudget(s) and a reasonable further progress or an attainment demonstration, and the budget test requiredby 20.2.99.137 NMAC must be satisfiedusing the adequate or approved motor vehicle emissionsbudget(s) (as described

### in Paragraph (1) of SubsectionC of 20.2.99.128 NMAC). 

### (5) Notwithstanding Paragraphs (1) and (2) of SubsectionC of 20.2.99.128 NMAC, moderate and above ozone nonattainment areas with three years of clean data for the 1 -hour ozoneNAAQS that have not submitted a maintenance plan and that US EPA has determined are not subject to the Clean

### Air Act reasonable furtherprogress and attainment demonstration requirements for the 1-hourNAAQS must satisfy one of the following requirements: (a) the interim emissions tests as requiredby 20.2.99.138 NMAC; @) the budget test as required by 20.2.99.137 

### NMAC, using the adequateor approved motor vehicle emissions budgets in the submitted or applicable control strategy implementation plan for the 1-hour ozone NAAQS (subject to the timing requirementsof Paragraph(1) of SubsectionC of 20.2.99.128 NMAC); or (c) the budget test as required by 20.2.99.137 NMAC, using the motor vehicle emissionsof ozone precursors

### in the most recent year of clean data as motor vehicle emissionsbudgets, if such budgets are establishedby the US EPA rulemakingthat determines that the area has clean data 

## -. D. &hour ozone NAAQS nonattainment and maintenance areas without motor vehicle emissions budgets for the 1-hour ozone NAAQS for any potion of the 8-hour nonattainment area. This Subsection (SubsectionD of Section 20.2.99.128NMAC) appliesto areas that were never designatednonattainment for the 1- hour ozone NAAQS but that never submitteda control strategy SIPor maintenance plan with approved or adequate motor vehicle emissions budgets. This Subsection (SubsectionD of Section 20.2.99.128NMAC) applies one (1) year after the effective date of EPA's nonattainment designation for the 8-hour ozoneNAAQS for an area, according to SubsectionD of 20.2.99.109 NMAC. 

### Ln the addition to the criteria listed 

### in Table 1

### in Subsection B of 20.2.99.128 NMAC that are required to be satisfiedat alltimes, 

### in such 8-hour ozonenonattainment and maintenance areas conformity determinationsmuch include a demonstration that the budget andlor interim emissions tests are satisfied as described

### in the following. (1) 

### In such 8-hour ozone nonattainment and maintenance areas the budget test much be satisfiedas requiredby Section20.2.99.137 NMAC for conformity determinationsmade on or after; (a) the effective date ofEPA's frndingthat a motor vehicle emissionsbudget in a submitted control strategy implementationplan revision or maintenanceplan for the 8-hour ozoneNAAQS is adequatefor transportation confonnity purposes; (b) the publication date ofEPA's approval of such a budget in the federal register; or (c) the effective date of EPA's approval of such a budget in the federal register, if such approvalis completed through direct final rulemaking. (2) In ozone nonattainment areas that are requiredto submit a control strategyimplementation plan revision for the 8-hour ozone NAAQS (usually moderate and above and certain Clean

### Air Act, part 

### D subpart 1 areas), the interim emissions tests must by satisfied as required by Section 20.2.99.138 

### NMAC for conformity

Proposed Revisions to 20.2.99 NhWC 17determinations made when there is no approved motor vehicle emissions budget from an applicabieimplementation plan for 8-hour ozone NAAQS and no adequate motor vehicle emissions budget from a submitted control strategy implementationplan revision or maintenance plan for the 8-hour NAAQS. (3) Such an 8-hour ozone nonattainment area must satisfy the interim emissions test forNOx, as required by Section 20.2.99.138 NMAC, ifthe implementation plan or plan submission that is applicable for the purposes of conformity determinationis a fifteen percent (1 5%) plan or other control strategy SIP that addresses reasonablefurther progress that does not include a motor vehicle emissions budget for NOx. The implementation plan for the 8-hour ozone NAAQS will be consideredto establish a motor vehicle emissions budget for NOx ifthe implementationplan orplan submission contains an explicit NOx motor vehicle emissions budget that is intended to act as a ceiling on future NOx emissions,and the NOxmotor vehicle emissionsbudget is a net reduction fromNOx emissions levels in 2002. (4) Ozone nonattainment areas that have not submitted a maintenanceplan and that are not required to submit a control strategy implementation plan revision for the 8-hour ozone NAAQS (usually marginal and certain Clean 

### Air Act, part 

### D, subpart 1 areas) must satisfy one ofthe followingrequirements: (a) the interim emissions tests required by Section 20.2.99.138 NMAC; or (b) the department shall submitto EPA animplementationplan revision for the 8-hour ozone NAAQS that contains motor vehicle emissions budget(s) and a reasonable further progress or attainment demonstration, and the budget test requiredby Section20.2.99.1 37NMAC must be satisfied using the adequate or approved motor vehicle emissions budget(s) (as described in Paragraph (1) of Subsection

### D of 20.2.99.128 NMAC). (5) Notwithstanding Paragraphs (1) and (2) of Subsection

### D of 20.2.99.128 NMAC, ozone nonattainmentareas with three (3) years of clean data for the 8-hour ozoneNAAQS that have not submitted maintenanceplan and that EPAhas determined are not subject tothe Clean Air Act reasonable further progress and attainment demonstration requirements for the 9-hour ozone NAAQS must satisfy one of the following requirements: (a) the interim emissions tests as required by Section20.2.99.138NMAC; (b) the budget test 

### asrequired by Section 20.2.99.137 NMAC, using the adequate or approved motor vehicle emissions budgets 

### in the submitted or applicable control strategy implementation plan forthe 8-how ozone NAAQS (subject to the timing requirements ofParagraph (1) of SubsectionD of20.2.99.128 NMAC; or (c) the budget test as required by Section 20.2.137NMAC, usingthe motor vehicle emissions of ozone precursors in the most recent year of clean data as motor vehicle emissionsbudgets, if suchbudgets are established by the EPA rulemaking that determines that the 

### areahas clean data for the 8-hour ozoneNAAQS. 

### E. 8-hour ozone NAAQS nonattainment and maintenance areas with motor vehicle emissions budgets for the I-hour ozoneNAAQS that cover all or a portion of the 8-hour nonattainrnent area. This provision applies one (1) year after the effective date ofEPA's nonattainment designationfor the 8-hour ozoneNAAQS for 

### an area, according to Subsection

### D of Section 2.20.99.109 NMAC. 

### In addition to the criteria listing 

### in Table 1in Subsection 

### B of this section (2.20.2.128 NMAC) that are required to be satisfied at all times, 

### in such 8-how ozone nonattainment and maintenance areas conformity determinations must include a demonstration that the budget andlorinterim emissions tests 

### are satisfied as described 

### in the following. 

### (1) In such 8-hour ozone nonattainment and maintenance areas the budget test must be satisfied as required by Section20.2.99.137 NMAC for conformity determinations made on or after: (a) the effective date ofEPA's fmdimg that a motor vehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan for the &hour ozone NAAQS is adequate for transportation conformity purposes; (b) the publication date of EPA's approval of such a budget in the federal register; or (c) 

### the effective date of EPA's approval 

### of such 

### a budget in the federal register, is such approvalis completed through direct 

### final rulemaking. (2) Prior to Paragraph (1)



### . . subsection (20.2.99.1282 Nh4AC) applying, the 

### - followingtest(s) must be satisfied

(a) If the 8-hour ozone nonattainment area covers the same geographic area as the I-hour

ozonenonattainment or maintenance area(s) 

### , the budget test 

### as required by Section20.2.99.137 Nh4AC using the approved or adequate motor vehicle emissions budgets in the 1-hour ozone applicable implementationplan or implementation plan submission. (b) 

### If the 8-hour ozone nonattainment area covers a smaller geographic area within the 1-hour ozone nonattainment or maintenance area(s), thebudget test as required by Section 20.2.99.137 NMAC for either the 8-how nonattainment area using correspondingportion(s) of the approved or adequate motor vehicle emissions

Proposed Revisions to 20.2.99 NMAC 18budgets in the l-hour ozone applicableimplementation plan or implementation plan submission where such portion(s) can reasonably beidentifiedthrough the interagency consultation process required by Section20.2.99.1 16 NMAC ;or the l-hour nonattainment area using the approved or adequate motor vehicle emissionsbudgets 

### in the 1- hour ozone applicable implementationplan or implementation plan submission. If additional emissionreductions

are necessary to meet the budget test for the 8-hour ozone NAAQS 

### in such cases, these emissions reductionsmust
come fiom within the 8-hour nonattainrnent area. (c) 

### If the 8-hour ozonenonattainment area covers a larger geographic area and encompasses the entire l-hour ozone nonattainmentor maintenancearea(s)the budget test as requiredby Section20.2.99.137 

### NMAC for thepotion of the 8-hour ozone nonattainment area covered by the approved or adequatemotor vehicle emissions budgets in the l-hour ozone applicableimplementation plan or implementationplan submission;and the interim emissions tests as required by Section20.2.99.138NMAC for either: theportion of the 8-hourozone nonattainrnent area not covered by the approved or adequate budgets in the l-hour ozone implementation plan, the entire 8-hour ozone nonattainment area, or the entireportion ofthe 8-hour ozone nonattainment area within an individual state, in the case where separate l-hour S@ budgets are established for each state of a multi-state l-hour nonattainment area partially covers a l-hour ozone nonattainment or maintenance area(s). 

### (d) 

### If the 8-hour ozone nonattainment area partially covers a 1-hour ozone nonattainment of maintenancearea(s)the budget test 

### as required by Section 20.2.99.137 NMAC for the portion of the 8-hour ozone nonattainment 

### area coveredby the corresponding portion of the approved or adequatemotor vehicle emissions budgets in the 1-hour ozone applicableimplementation plan or implementation plan submissionwhere they canbe reasonably identified through the interagency consultation process required by Section20.2.99.1 16NMAC ;and the interim emissions tests as required by Section20.2.99.138 NMAC, when applicable, for either: theportion of the 8- hour ozone nonattainment area not coveredby the approved or adequate budgets in the l-hour ozone implementation plan, the entire 8-hour ozone nonattainment area, or the entire portion of the 8-hour ozone nonattainrnent area within an individual state, in the case where separate l-hour SIP budgets are establishedfor each state 

### in a multi-state l-hour nonattainment or maintenancearea.

(3) Such an 8-hour ozone nonattainment area must satisfy the interim emissions test for NOx, as requiredby Section20.2.99.138 NMAC, ifthe only implementation plan orplan submission that is applicablefor the purposes of conformity determinationsis a fifteen percent (15%) plan or other control strategy SIP that addresses reasonable further progress that does not include a motor vehicle emissionsbudget forNOx. The implementation plan for the 8-hour ozone NAAQS will be considered to establish a motor vehicle emissionsbudget forNOx if the implementationplan or plan submission contains an explicitNOx motor vehicle emissionsbudget that is intended to act as a ceiling on futureNOx emissions, and theNOx motor vehicle emissions budget is a net reduction from NOx emissions levels in 2002. Prior to an adequate or approvedNOxmotor vehicle e&ssions budget in the implementation plan submissionfor the 8-hour ozone NAAQS, the implementationplan for the l-hour ozone NAAQS will be considered to establish a motor vehicle emissions budget for.NOx if the implementationplan contains on explicitNOx motor vehicle emissions budget that is intended to act as a ceiling on futureNOx emissions, and the NOx motor vehicle emission budget is a net reduction from NOx emissions levels in 1990. (4) Notwithstanding Paragraphs (1) and (2) of SubsectionE ofthis section (20.2.99.128NMAC),

ozone nonattainment areas with three years of clean data for the 8-hour ozone NAAQS that have not submitted a maintenanceplan and that EPA has determinedare not subject to the Clean Air Act reasonable furtherprogress and attainment demonstration requirement for the 8-hour ozone NAAQS must satisfy one of the followingrequirements: (a) the budget test andlor interim emissions tests are requiredby Sections20.2.99.137 

### NMAC and 20.2.99.138 NMAC and a.described in Paragraph (2) of SubsectionE of this section (20.2.99.128 MC); @) the budget test as required by Section20.2.99.137 NMAC, using the adequate or approved motor vehicle emission budgets in the submitted or applicable control strategy implementation plan for the 8-hour ozoneNAAQS (subject to the timing requirements ofParagraph (1) of Subsection

### E of 20.2.99.128 NMAC; or (c) the budget test as required by Section20.2.99.137 NMAC, using the motor vehicle emissionsof ozone precursors in the most recent year of clean data as motor vehicle emissionsbudgets, if such

Proposed Revisions to 20.2.99 NMAC 19budgets are establishedby the EPA rulemakingthat determinesthat the area has clean data for the 8-hour ozone NAAQS. 

### F. CO nonattainmentand maintenance areas. 

### In addition to the criterialisted in Table 1 in Subsection 

### B of 20.2.99.128 NMACthat are required to be satisfied at all times, in CO nonattainment and maintenance areas conformity detenninationsmust includea demonstration that the hot spot, budget andlor interim emissions tests are satisfied as described

### in the following. (1) FHWA/ETAprojects in CO nonattainmentor maintenance areas must satisfythe hot spot test required by SubsectionA of 20.2.99.135 NMAC at all times. Until a CO attainment demonstration or maintenance plan is approved by US EPA, FHWA/FTAprojectsmust also satisfy the hot spot test required by SubsectionB of 20.2.99.135 NMAC. (2) 

### In CO nonattainmentand maintenance areasthe budget test must be satisfied as required by 20.2.99.137 NMACfor conformity determinationsmade -: (a) the effective date ofEPA's finding that a motor vehicle emissions budget 

### in a submitted control strategy implementationplan revision or maintenance plan is adequatefor transportation confomty purposes; (b) the publication date ofEPA's approval of such a budget in the federal register; or (c) the effective date ofEPA's approval of such a budget in the federal register, if such approvalis completed through direct finalrulemaking. (3) Except 

### asprovided in Paragraph (4) of SubsectionF of20.2.99.128 NMAC, 

### in CO nonattainment

areas the interim emissions tests must be satisfied

### asrequired by 20.2.99.138 NMACfor conformity determinations made when there isno approvedmotor vehicle emissions budget from an applicableimplementation plan and no adequate motor vehicle emissionsbudget fiom a submittedcontrol strategymplementation plan revision or maintenance plan. (4) CO nonattainmentareas that have not submitted a maintenanceplan and that are not required to submit an attainment demonstration(e.g., moderate CO areaswith a design value of 12.7 ppm or less or not classified CO areas)must satisfy one ofthe following requirements: (a) the interim emissionstests required by 20.2.99.138 NMAC; or @) the deparhnent shall submitto US EPA an implementation plan revision that contains motor vehicle emissionsbudget(s) and an attainment demonstration, and the budget test required by 20.2.99.137 NMACmust be satisfied using the adequateor approved motor vehicle emissions budget(s) (as described 

### in Paragraph (2) of Subsection

### F of 20.2.99.128 NMAC). G. PMlO nonattainment and maintenanceareas. 

### In addition to the criteria listed in Table 1

### in Subsection

### B of 20.2.99.128 NMACthat arerequired to be satisfied at all times, in PMlO nonattainment and maintenance areas conformity detenninations must includea demonstration that the hot spot,budget andor interim emissions tests are satisfied as described in the following. (1) FHWAIFTAprojects in PMlO nonattainment or maintenanceareas must satisfythe hot spot test required by 20.2.99.135 NMAC. (2) 

### In PMlO nonattainmentand maintenanceareas the budget test must be satisfied as required by 20.2.99.137 NMAC for conformity determinationsmade -: (a) the effective date ofEPA's findingthat a motor vehicle emissions budget in a submitted control strategy implementationplan revision or maintenanceplan is adequate for transportation conformity purposes; @) the publication date ofEPA's approval of such a budget 

### in the federal register; or (c) the effective data of EPA's approval of such a budget in the federal register, if such approval is completed through direct finalrulemaking. (3) 

### InPMlO nonattainment areasthe interim emissions tests must be satisfiedasrequired by 20.2.99.138 NMAC for conformity determinationsmade: (a) if there isno approved motor vehicle emissionsbudget from an applicableimplementation plan and no adequatemotor vehicle emissionsbudget fiom a submittedcontrol strategy implementationplan revision or maintenance plan; or @) if the submitted implementation plan revision is a demonstration of impracticability under CAA Section 189(a)(l)(B)(ii) and does not demonstrate attainment. H. NO2 nonattainmentand maintenanceareas. 

### In addition to the criteria listed 

### in Table 1 in SubsectionB of 20.2.99.128 NMAC that are required to be satisfied at all times, 

### in NO2 nonattainment and maintenance areas conformity determinationsmust includea demonstration that the budget andor interim emissions tests are satisfied as describedin the following.

Proposed Revisions to 20.2.99 NMAC(1) 

### In NO2 nonattainment and maintenance areas the budget test must be satisfied as required by 20.2.99.137 NMAC for conformity determinations made _: (a) the effective date ofEPA's fipding that a motor vehicle emissions budget 

### in a submitted control strategy implementation plan revision or maintenanceplan is adequate for transportation conformity purposes. (b) the publication date of EPA's approval of such a budget in the federalregister; or (c) the effective data of EPA's approval of such a budget in the federalregister, if such approval is completedthrough direct final rulemaking. (2) 

### In NO2 nonattainment areasthe interim emissions tests must be satisfied asrequired by 20.2.99.138 NMAC for conformity determinations made when there is no approved motor vehicleemissions budget from an applicableimplementation plan and no adequatemotor vehicle emissionsbudget from a submitted control strategyimplementation plan revision or maintenance plan. I. PM2.5 nonattainmentand maintenance areas. In addition to the criterialisted in Table 1in Subsection

### B of Section20.2.99.128 NMAC that are required to be satisfied at all times, inPM2.5 nonattainment and maintenance areas conformity determinationsmust include a demonstration that the budget andlor interim emissions tests are satisfied as described in the following: (1) FHWA/FTAprojects 

### in PM2.5 nonattainment or maintenance areasmust satisfy the appropriate hot-spot test required by SubsectionA of Section 20.2.99.135 NMAC. 

### (2) in PM2.5 nonattainment and maintenance areas the budget in a submitted control strategy implementationplan revision or maintenance plan is adequate for transportation conformitypurposes; (a) the effective date ofEPA's finding that a motor vehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan is adequate for transportation conformity purposes; @) the publication date of EPA's approval of such a budget in the federalregister; or (c) the effectivedata ofEPA's approval of such a budget in the federal register, if such approval is completed through direct final rulemaking. (3) 

### In PM2.5 nonattainment areas the interim emissions tests must be satisfied as required by Section 20.2.99.138 NMAC for conformity determinationsmade if there is no approved motor vehicle emissionsbudget from an applicable implementationplan and no adequatemotor vehicle emissions budget from a submitted control strategy implementationplan revision or maintenance plan. 

### J. Areas with limited maintenanceplans. Notwithstanding the other paragraphs ofthis section, an

area isnot required to satisfy the regional emissionsanalysis for Sections20.2.99.137 NMAC andlor20.2.99.138 NMAC for a given pollutant and NAAQS, ifthe area has an adequate or approved limited maintenance plan would have to demonstrate that it would be unreasonable to expect that such an areawould experienceenough motor vehicle emissions growth for a NAAQS violations to occur. A conformity determinationthat meets other applicable criteriain Table 1 or Subsection

### B of this section (20.2.99.128NMAC) is stillrequired, including the hot-spot requirements forprojects in CO, PM10, and PM2.5 areas. 

### K Areas with insignificant motor vehicle emissions. Notwithstanding the other Subsectionsin this section (20.2.99.128 

### NMAC), and area is not required to satisfy a regional emissions analysisfor Sections 20.2.99.137 NMAC and/or 20.2.99.138 NMAC for a givenpollutant/precursor and NAAQS, ifEPAfindsthrough the adequacy or approvalprocess that a SIP demonstrates that regional motor vehicle emissions are an insignificant contributor to the air quality problem for thatpollutant/precursorand NAAQS. The SIP would have to demonstrate that it would be unreasonableto expectthat such an area would experience enough motor vehicle emissions growth in that pollutardprecursor for a NAAQS violation to occur. Such a finding wouldbe based on a number of factors, including the percentageof motor vehicle emissionsin the context of the total SIPinventory, the current stateof 

### air quality as determinedby monitoring data for that NAAQS, the absenceof SIPmotor vehicle control measures,and historical trends and future projectionsof the growth of motorvehicle emissions. A conformity determinationthat meets other applicable criteria in Table 1 or SubsectionB of this section (20.2.99.128 NMAC) is still required, including regional emissions analyses for Sections 20.2.99.137 

### NMAC and/or20.2.99.138 

### NMAC for other pollutants/precursors and NAAQS that apply. Hot-spot requirements forprojects in CO, PM10, and PM2.5 areas in Section 20.2.99.135 NMAC must also be satisfied, unlessEPA determined that the SIP also demonstrates that projects will not createnew localized violationsand/or increase the severity or number of existing violations of such NAAQS. If EPA subsequently finds that motor vehicle emissions of a given pollutant/precursor are significant, this subsection would no longer apply for future conformity determinationsfor that pollutant/precursor and NAAQS. 

### L. Isolated 

### ru-A nonattainment and maintenance areas. This subsection applies to any nonattainment or maintenance area (orportion thereof) which does not have a metropolitan transportationplan or TIP and whose

Proposed Revisions to 20.2.99 NMAC 21projects are not part of the emissions analysis of any MPO's metropolitan transportationplan or 

### TIP. This subsection does not apply to "donut" areas which are outside the metropolitan planning boundary and inside the 

### nonattainmentlmaintenance areaboundary. (1) FKWAlFTAprojects in all isolated rural nonattainmentand maintenanceareas must satisfy the requirements of 20.2.99.129 NMAC through20.2.99.131 NMAC, SubsectionD of 20.2.99.132 NMAC, 20.2.99.135 NMAC, and 20.2.99.136 NMAC. Until US EPA approvesthe control strategy implementation plan or maintenance plan for a rural CO nonattainment or maintenance area,FHWAfFTAprojects must also satisfy the requirements of Subsection

### B of 20.2.99.135 NMAC ("Localized CO, PM10, and PM2.5 violations (hot spots)"). (2) Isolated

### rural nonattainment and maintenance areas are subject to the budget andforinterim emissions tests 

### as described in Subsections C through 

### K of 20.2.99.128 NMAC, with the following modifications: (a) when the requirements of Subsection D of 20.2.99.125 NMAC, 20.2.99.135 NMAC. 20.2.99.137 NMAC and 20.2.99.138 

### NMAC applyto isolated rural nonattainmentand maintenanceareas, references to "transportationplan" or "TIP" should be taken to mean those projects in the statewidetransportation plan or statewideTIP which are in the 

### rural nonattainment or maintenancearea When the requirements of SubsectionD of 20.2.99.125 NMAC avplv to isolated rural nonattainment and maintenanceareas, references to "MPO" shouldbe takento mean NMDOT. @) in isolated 

### rural nonattainrnent and maintenance areas that are subjectto 20.2.99.137 NMAC, FHWAlFTA projects must be consistent with motor vehicle emissionsbudget(s) for the years 

### in the timefiame ofthe attainment demonstration or maintenance plan. For years afterthe attainment year (if a maintenance plan 

### has not been submitted)or afterthe last year of the maintenanceplan, FHWlVFTAprojects must satisfy one ofthe followingrequirements: (i) 20.2.99.137 NMAC; 

### (ii) 20.2.99.138 NMAC (including regional emissions analysis for NOx in all ozone nonattainment and maintenance areas, notwithstandingParagraph (2) of SubsectionF of 20.2.99.138 

### NMAC; or (iii) as demonstrated by the air quality dispersionmodel or other 

### air quality modeling techniqueused in the attainment demonstration or maintenanceplan, theFHWAFTA project, in combinationwith all other regionally significant projects expected in the area in the timeframeof the statewidetransportation plan, must not cause or contributeto any new violation of any standard in any areas; increasethe frequency or severity of any existingviolation of any standard in any area; or delay timely attainment of any standard or anyrequired interim emission reductions or othermilestones 

### in any area; control measures assumedin the analysis must be enforceable. (c) the choice of requirements in Subparagraph 

### (b) of Paragraph (2) of Subsection 

### G of 20.2.99.128 NMAC and the methodology used to meet the requirements of item (iii) of Subparagraph (b) of Paragraph (2) of Subsection

### G of 20.2.99.128 NMAC must be determined through the interagency consultation process required in Paragraph (6) of Subsection

### B of 20.2.99.117 NMAC and Paragraph (5) of Subsection C of 20.2.99.1 17NMAC throughwhich the relevant recipients oftitle 23 U.S.C. or federal transit laws 

### funds,NMDOT, the department, or the local air quality agency should reach consensusabout the option and methodology selected; US EPA and US DOT must be consulted through this process as well; in the event of unresolved disputes, conflicts may be escalated to the governor consistent with theprocedure in 20.2.99.123 NMAC, which applies to department comments on a conformity determination. [12/14/94; 11/23/98;20.2.99.128 

### NMAC 

### - Rn, 20 NMAC 2.99.128 10/31/02;

### A, 10/15/05;

### A, 07/16/07& xxlxxl081

203.99.129 

### CRITERIAAND 

### PROCEDURES 

# - LATEST PLANNING ASSUMPTIONS. A. Except asprovided 

### inthis paragraph, the conformity determination, with respect to all other applicable criteria

### in 20.2.99.130 NMAC 

### through 20.2.99.138 

### NMAC, must be based upon the most recent planning assumptionsin force at the time the conformity analysis begins. The conformitydetermination must satisfy the requirements of Subsections

### Bthrough 

### F of 20.2.99.129 NMAC using the planning assumptionsavailable at the time the confonnity analysisbegins as determined through the interagency consultation process required Subparagraph (a) ofParagraph (1) of Subsection C of Section20.2.99.1 16NMAC. The "time the confonnity analysis begins" for a transportationplan or TIP determination in the point at which the MPO or the other designated agency begins to model the impact ofthe proposed transportation plan or TIP on travel and/oremissions. New data that becomes available after 

### an analysisbegins is required to be used 

### in the conformity determinationonly if a significant delay in the analysishas occurred, as determined through interagency consultation. 

### B. Assumptions(including, but not limited to, vehicle miles traveled per capitaorper household,trip generation per household, vehicle occupancy, household size, vehicle fleet mix, vehicle ownership, and the geographic distribution of populationgrowth) must be derived from the estimates of current and futurepopulation,

Proposed Revisions to 20.2.99 NMAC 22employment, travel, and congestion most recently developed by the MPO, or other agency authorizedto make such estimates and approved by the MPO. The confonnity determinationmust also be based on the latest assumptions about current and futurebackground concentrations. C. The conformity determination for each transportation plan and 

### TIP must discuss how transit operating policies (includingfares and service levels) and assumed transit ridershiphave changed since the previous conformity determination. D. The conformity determinationmust include reasonable assumptions about transit serviceand increases in transit fares and road and bridge tolls over time. E. The conformity determination must use the latest existing information regarding the effectiveness of the TCMs and other implementationplan measures whch have alreadybeen implemented. F. Key assumptions shall be specified and included in the draft documents and supportingmaterials used for the interagency md public consultation requiredby 20.2.99.1 16NMAC through 20.2.99.124 NMAC. [12/14/94; 11/23/98;20.2.99.129 NMAC 

### - Rn, 20 NMAC 2.99.129 10/31/02;A, 10/15/05]

20.2.99.130 CRITERIA AND PROCEDURES

### - LATEST EMISSIONS MODEL A. The conformity determination shall be based on the latest emission estimation model available. This criterion is satisfiedif the most currentversion of the motor vehicle emissions model specifiedby US EPA for

use in the preparation or revision of implementation plans in the State or area is used forthd conformity analysis. Where EMFACis the motor vehicle emissionsmodel used in preparing or revising the SIP, new versionsmust be approvedby US EPA beforethey are used in the conformity analysis. 

### B. US EPA will consult with US DOT to establish a grace period following the specificationof any
new model. The graceperiod will be no less than three (3) months and no more than twenty-four (24) months after notice of availability is published in the Federal Register. The length of the grace period will depend on the degree of change in the model and the scope ofre-planning likely to be necessaryby MPOs in orderto assure conformity. If the grace period will belongerthan three (3) months, US EPA will announce the appropriate grace period in the Federal Register. C. Conformity analyses for which the emissions analysis was begun before the Federal Register notice of availability ofthe latest emissionmodel, or during the grace period announced in such notice, may continue to use the previous version of the model for transportation plans and TIPS. Theprevious model may also be used for projects if the analysis was begun during the graceperiod or before the Federal Register notice of availability,provided no more than three (3) years havepassed since the draft environmentaldocument was issued. [12/14/94; 11/23/98; 20.2.99.130 NMAC 

# - Rn,20 NMAC 2.99.130 10131/02]

20.2.99.131 CRlTERIA 

### AND PROCEDURES 

# - CONSULTATION: Conformity determinationsmust be determined according to the consultationprocedures in this Part, and according to the public involvement procedures established in compliancewith 23 

### CFR part 450. Until this Part is fully approved by US EPA as an implementation plan revision, the conformity determinationmust be made according to the procedures in 40 

### CFR 93.105(a)(2) and (e). [12/14/94; 11/23/98;20.2.99.131 NMAC 

### - Rn, 20 NMAC 2.99.131 10/31/02]

20.2.99.132 CRITERIAAND PROCEDURES

# - TIMELY IMPLEMENTATIONOF TCMS: A. The transportationplan, 

### TIP, or any FHWA/FTA project which is not from a conformingplan and TIP must provide for the timely implementation of TCMs from the SIP. 

### B. For transportation plans, this criterion is satisfiedifthe following two conditions aremet: (1) The transportationplan, in describing the envisioned future transportation system, provides for the timely completion or implementation of all TCMs in the SIP, which are eligible for funding under title 23 U.S.C. or the Federal Transit Laws, consistent with schedulesincluded in the SIP. (2) Nothing in the transportationplan interfereswith the implementationof any TCM in the SIP. C. For TIPS,this criterionis satisfied

### if the following conditions are met: (1) An examination of the specific steps and funding source(s)needed to fully implement each TCM indicates that TCMs, which are eligible for funding under title 23 U.S.C. or the Federal Transit Laws, are on or ahead ofthe schedule established in the SIP, or, if such TCMs are behind the schedule establishedin the SIP, the MPO (or theNMSHTD in the absence of an MPO) and US DOT have determined that past obstaclesto implementationofthe TCMs have been identified and have been or are being overcome, and that all State and local agencies with influenceover approvals or funding for TCMs are giving maximum priority to approval or funding of

Proposed Revisions to 20.2.99 NMACTCMs over other projects 

### within their control, including projects in locations outsidethe nonattainment or maintenance area. (2) If TCMs in the applicable SIP have previously been programmed for Federal hnding but the funds have not been obligated and the TCMs arebehind the schedule in the implementationplan, then the TIP cannot be found to conform if the funds intendedfor those TCMs are reallocated to projects in the TIP otherthan TCMs (or ifthere are no other TCMs 

### in the 

### TIP, if the 

### funds arereallocated to projects in the TIP other thanprojects which are eligible forFederal funding intended for 

### air quality improvementprojects, e.g., the CongestionMitigation and

### Air Quality Improvement Program). 

### (3) Nothing inthe TIP interferes with the implementationof any TCM in the SIP. D. For FHWMA projects which are not from a conforming transportationpIan and TIP, this criterionis satisfied ifthe project does not interferewith the implementation of any TCM in the 

### SIP. [12/14/94; 11/23/98; 20.2.99.132 NMAC 

### - Rn,20 NMAC 2.99.132 10/31/02]

20.2.99.133 CRITERIAAND PROCEDURES

# - CURRENTLY CONFORMING TRANSPORTATION PLAN AND 

### TIP: There must be a currently conforming transportation plan and currently conforming TIP at the time ofproject approval, or a vroiect must meet the requireme& in subsection B of 20.2.99.1 11

## WC durinethe twelve (12) month lavse mace period. Only one conforming transportationplan or 

### TIP may exist in an area at any time; conformity determinations of a previous transportation plan or 

### TIP expire once the confonnity determination for the current plan or 

### TIP is made by US DOT. The conformity determination on a transportation plan or TIP will also lapse if conformity is not determined according

### to the frequency requirementsof 20.2.99.1 11NhUCthrough 20.2.99.1 15 NMAC. This criterion is not required to be satisfied at the time ofproject approval for a TCM specifically included 

### inthe SIP, provided that all other relevant criteriaof this Part are satisfied. [12/14/94; 11/23/98;20.2.99.133 NMAC - 

### Rn,20 NMAC 2.99.133 10/31/02; A. xx/xx/O81

20.2.99.134 CRITERIAAND PROCEDURES

# - PROJECTSFROM A TRANSPORTATIONPLAN AND 

### TIP: A. Theproject must come from a confonning transportation plan and TIP. If this criterion is not satisfied, theproject must satisfy all criteria 

### in Table 1 of subsectionB of 20.2.99.128 NMAC for a project not from

a conforming transportation plan and TIP. A project is consideredto be from a conforming transportation plan 

### if it meets the requirements of subsectionB of 20.2.99.134 NMAC and from a conforming TIP if it meets the requirements of subsection C of 20.2.99.134 NMAC. Special provisions for TCMs in an applicableimplementation plan areprovided 

### in subsection D of 20.2.99.134 NMAC. 

### B. A project is consideredto be from a conforming transportationplan if one ofthe following conditionsapply: (1) For projects which are required to be identified in the transportationplan 

### in order to satisfy 20.2.99.125 NMAC, the project is specifically included in the conforming transportation plan and the project's design concept and scope have not changed significantly from those which were described in the transportationplan,

or in a manner which would significantly impactuse of the facility; or (2) For projects which are not required to be specifically identified mthe transportationplan, the project is identified in the conformingtransportationplan, or is consistentwith the policies and purpose of the transportation plan and will not interfere with other projects specifically included in the transportationplan. C. A project is considered to be from a conforming

### TIP ifthe following conditions are met: (1) Theproject is included in the conforming

### TIP and the design concept and scope of the project were adequate at the time of the TIP confonnity determination to determine its contribution to the TIP'Sregional emissions, and the project design concept and scopehave not changed significantly from those which were described in the TIP; and (2) Ifthe 

### TIP describes a project design concept and scope which includesproject-level emissions mitigation or control measures, written commitmentsto implement such measuresmust be obtained from theproject sponsor andlor operator asrequired by subsectionA of 20.2.99.148 NMAC in order for the projectto be considered to be from a conforming program. Any change in these mitigation or control measures that would significantly reduce their effectiveness constitutes a change in the design concept and scope of the project. D. TCMs: This criterion is not required to be satisfied for TCMs specifically included in an applicable implementation plan. 

### E. Notwithstanding the requirements of SubsectionsA, B. and C ofthis section (20.2.99.134 NMAC), a proiect must meet the requirements of SubsectionB of 20.2.99.1 11

### NMAC during the twelve (12) month lapse =ace period.

Proposed Revisions to 20.2.99 NMAC 24[12/14/94; 11/23/98; 20.2.99.134 NMAC 

### - Rn, 20 NMAC 2.99.134 10/31/02;

### A, xxlxx/08]

20.2.99.135 CRITERIA AND PROCEDURES

# - LOCALIZED CO, PMlO, AND PM2.5 VIOLATIONS (HOT SPOTS). A. This paragraph applies at all times. The 

### FHWA/FTAproject must not cause or contributeto any
new localized CO, PM10, andlorPM2.5 violations or increasethe frequency or severity of any existing CO, PM10, and/orPM2.5 violations in CO, PM10, and PM2.5 nonattainment and maintenance areas. This criterion is satisfied without 

### a hotspot analysis in PM10 and PM2.5 nonattainment and maintenance areas for 

### FHWNFTA projects that

arenot identified in paragraph (1) of Subsection

### B of 20.2.99.148 NMAC. This criterion is satisfied for all other 

### FHWA/FTA projects in CO,PM10, and PM2.5 nonattainment and maintenance areas if it is demonstratedthat



### . 

## . duringthe time frame of the transportationplan '--no new local violations will be created and the severity or number of existing violationswill not be increased as a result ofthe project. The demonstration shall be performed accordingto the consultationrequirements of Subsection

### A of 20.2.99.120NMAC and the methodology requirements of 20.2.99.148 NMAC. B. Thisparagraph applies for CO nonattainment areas 

### as described in Paragraph (1) of SubsectionF of 20.2.99.128 NMAC. Each 

### FHWAlETA project must eliminateorreduce the severity and number of localized CO violations in the area substantially affectedby the project (in CO nonattainment areas). This criterion is satisfied with respect to existing localized CO violations if it is demonstrated that during the time frame of the transportation plan (or regional emissions analysis) existing localized CO violationswill be eliminated or reduced in severity and number as a result of the project. The demonstration must be performed according to the consultation requirements of SubsectionA of 20.2.99.120 

### NMAC and the methodology requirements of20.2.99.146 NMAC. [12/14/94; 11/23/98;20.2.99.135 NMAC - 

### Rn,20 NMAC 2.99.135 10/31/02;

### A, 10/15/05;A, 07/16/07d xx/xx/Odl

20.2.99.136 CRITERIA 

### AND PROCEDURES

# - COMPLIANCE 

### WITH PMlO 

### and PM2.5 CONTROL MEASURES. The 

### FHWAlFrA project must comply with PM10 and PM2.5 control measures inthe applicable implementationplan. This criterion is satisfied if the project-levelconformity determinationcontainsa written commitment from the project sponsorto includein the finalplans, specifications, and estimates for theproject those control measures (for the purpose of limitingPM10 and PM2.5 emissions from the construction activitiesandlor normal use and operation associated with the project) that are contained in the applicable implementation SIP. [12/14/94; 11/23/98;20.2.99.136 

### NMAC 

# - Rn,20 NMAC 2.99.136 10/31/02;A, 10/15/05]

20.2.99.137 CRITERIA 

### AND PROCEDURES

# - MOTOR VEHICLE EMISSIONS BUDGET. A. The transportationplan, 

### TIP, and project not from a conforming transportation plan and TIP must be consistentwith the motor vehicleemissions budget(s) in the applicablecontrol strategy implementationplan (or implementation plan submission). This criterion applies as described in Subsections C through 

### L of 20.2.99.128 NMAC. This criterion is satisfied 

### if it is demonstrated that emissions of thepollutants or pollutant precursors describedin Subsection C of 20.2.99.137 NMAC are less than or equalto the motor vehicleemissionsbudget@) establishedin the applicableimplementation plan or implementationplan submission. B. Consistencywith the motor vehicle emissionsbudget(s) must be demonstrated for each year for which the applicable(andlor submitted) implementation plan specificallyestablishes motorvehicle emissions budget(s),for the attainmentyear (if it is within the time frame ofthe transportation plan and conformity determination), for the last year ofthe timeframe of the conformitv determination (as described under Subsection

### D of20.2.99.125 NMAC) 

### '-------t-t;-- and for any intermediateyears within the timeframe of the conformity determination

### asnecessary so that theyears for which consistency is demonstrated

### are no more than ten years apart, as follows. (1) Until a maintenance plan 

### is submitted: 

### (a) emissions

### m each year (such as milestone years and the attainment year) for which the control strategy implementationplan revision establishesmotor vehicleemissionsbudget(s) must be less than or equalto that year's motor vehicle emissionsbudget(s); and (b) emissions 

### in years for which no motor vehicle emissionsbudget@) are specifically establishedmust be less than or equalto the motor vehicle emissionsbudget(s) established-for the most recent prior year; for example, emissions in years after the attainment year for which the implementationplan does not establish a budget must be less than or equaltothe motor vehicle emissionsbudget(s) for the attainment year. (2) When a maintenanceplan has been submitted:

Proposed Revisions to 20.2.99 NMAC(a) emissionsmust be less than or equalto the motor vehicle emissionsbudget(s) established for the last year of the maintenanceplan, and for any other years for which the maintenance plan establishes motor vehicle emissions budgets; ifthe maintenance plan does not establishmotor vehicle emissions budgets for any years other than the last year ofthe maintenance plan, the demonstration of consistency with the motor vehicle emissions budget(s) must be accompanied by a qualitative finding that there are no factors which would cause or contributeto
a new violation or exacerbate an existing violation in the years before the last year ofthe maintenance plan; the interagency consultation process required by 20.2.99.1 16NMAC through 20.2.99.124 NMAC shall determinewhat must be considered in order to make such a finding; 

### (b) for years afterthe last year of the maintenanceplan, emissionsmust be less than or equal to the maintenance plan's motor vehicle emissionsbudget(s) for the last year of the maintenance plan; (c) if 

### an approved andforsubmitted control strategy implementation plan has establishedmotor vehicle emissions budgets for years in the timeframe of thetransportation plan, emissions

### in these years must be less than or equal to the control strategy implementation plan's motor vehicle emissionsbudget@)for these years: and 

### (d) for any analysisyears before the last year ofthe maintenanceplan, emissions must be less than or equal to the motor vehicle emissionsbudget(s) established for the most recent prior year. C. Consistencywith the motor vehicle emissionsbudget(s)must be demonstrated for each pollutant

or uollutant Drecursor 

### in Subsection

### B of 20.2.99.109NMAc (or 20.2.99.101 NMAC) for which the area is in '

- nonattainment or maintenance and for which the applicable implementationplan (or implementation plan submission) establishes a motor vehicle emissions budget. D. Consistency with the motor vehicle emissions budget(s) must be demonstrated by including emissions from the entiretrafisportationsystem, including all regionally significant projects contained in the transportation plan and 

### all other regionally significant highway and transit projects expectedin the nonattainment or maintenance area in the timehe ofthe transportation plan. 

### (1) Consistencywith the motor vehicle emissionsbudget(s)must be demonstrated with a regional emissions analysis that meets the requirementsof 20.2.99.141 NMAC through 20.2.99.147 NMAC and 20.2.99.120 NMAC. 

### (2) Theregional emissions analysis may beperformed for any years in the timeframe of

### the tmqm#m~ 

### jAe Nrovided they are not more than ten years apart and provided the analysis isperformed for the attainment year (ifit is in the timeframe of the transportation plan and conformitvdetermination) and the last year ofthe timeframe for the conformitv determination. Emissions in years for which consistency with motor vehicle emissions budgets must be demonstrated,

### asrequired 

### in SubsectionB of 20.2.99.137NMAC, may be determinedby interpolating between the years for which the regional emissions analysis is performed. j3) When the timeframeof the conformity determinationis shortened under Paramaph (2) of 20.2.99.125.D NMAC. the conformitv determination must be accompaniedbv a reeional emissions analvsis (for informationaluumosed only) for the last vear of the trans~ortation vlan, and for anv year shownto exceed motor vehicle emissionsbudpets in a prior regional emissions analvsis (if such a vear extends bevond the timeframe of the conformity determination). 

### E. Motor vehicle emissions budgets in submitted control strategy implementation plan revisions and submitted maintenance plans. 

### (1) Consistencywith the motor vehicle emissions budgets in submitted control strategy implementation plan revisions or maintenance plans must be demonstratedifUS EPA has declared the motor vehicle emissionsbudget(s) adequate for transportation conformity purposes, and the adequacy finding is effective. However, motor vehicle emissions budgets in submitted implementation plans do not supersedethe motor vehicle emissions budgets in approved implementation plans for the same Clean

### Air Act requirement and-the period ofyears addressedby the previously approved implementation plan, unless US EPA specifies otherwise inits approval of a SIP. (2) IfUS EPA has not declared an implementationplan submission'smotor vehicle emissions budget(s) addktefor transportation conformity the budget(s) shallnot beused to satisfy the requirements of this section. Consistencywith the previously established motor vehicle emissionsbudget(s) must be demonstrated. If there are no praiously approved implementation plans or implementation plan submissionswith adequate motor vehicle emissions budgets, the interim emissions tests requiredby 20.2.99.138 NMAC must be satisfied. (3) 

### - IfUSEPA declaresan implementationplan submission'smotor vehicle emissionsbudget(s) inadequate for transportation conformity purposes and conformityof a transportation plan or 

### TIPhas already been determinedby US 

### DOTusing the budget(s),the conformity determinationwill remain valid. Projects included 

### in

Proposed Revisions to 20.2.99 NMACthat transportation plan or TIP could still satisfy 20.2.99.133 NMAC and 20.2.99.134 NMAC, which require a currently conforming transportationplan and TIP to be in place at the time of a project's conformity determination and that projects come from a conforming transportation plan and TIP. (4) US EPA will not find a motor vehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan to be adequate for transportationconformity purposes unless the followingminimum criteria are satisfied:

u (a) the submitted control strategy implementation plan revision or maintenance plan was endorsed by the governor (or his or her designee) and was subject to a state public hearing; @) before the control strategy implementation plan or maintenance plan was submittedto US EPA, consultation among federal, state, and local agencies occurred; full implementationplan documentationwas provided to US EPA; and USEPA's stated concerns, if any, were addressed, (c) the motor vehicle emissionsbudget(s) is clearly identified and precisely quantified; 

### (d) the motor vehicle emissions budget(s), when considered together with all other emissions sources, is consistent with applicable requirementsfor reasonable further progress, attainment,or maintenance (whichever is relevant to the given implementation plan submission); (e) the motor vehicle emissionsbudget(s) is consistentwith and clearly related to the emissions inventoryand the control measures in the submitted control strategy implementationplan revision or maintenance plan; and 

## (0 revisions to previously submitted control strategy implementation plans or maintenance plans explain and document any changes to previously submitted budgets and controlmeasures;impacts on point and area source emissions; any changes to established safety margins (see SubsectionA0of 20.2.99.7 NMAC for definition); and reasons for the changes (including the basis for any changesrelated to emission factors or estimates of vehiclemiles traveled). (5) Before determiningthe adequacy of a submitted motor vehicle emissions budget, US EPA will review the department's compilation ofpublic comments and response to comments that are required to be submitted with any implementationplan. US EPA will document its consideration of such comments and responsesin a letter to the departmentindicating the adequacy of the submitted motor vehicle emissionsbudget. 

### (6) When the motor vehicle emissionsbudget(s)used to satisfy the requirements of this section are establishedby an implementation plan submittal that has not yet been approvedor disapproved by US EPA, the MPO and US DOTSconformity determinationswill be deemed to be a statement that the MPO and US DOT arenot
aware of any information that would indicatethat emissions consistent with the motor vehicle emissionsbudget will

cause or contribute to any new violation of any standard; increase the frequencyor severity of any existingviolation of any standard; or delay timely attainment of any standard or any required interim emission reductions or other milestones. 

### P. Adequacy review process for implementation plan submissions. US EPA will use the procedure listing

### in Paragraph (1) of Subsection

### F of this section(20.2.99.137 NMAC) to review the adequacy of an implementation plan. 

### (1) When US EPA reviews the adequacy of an implementation plan submission prior to EPA's final action on the implementation plan: (a) US EPA will notify the public throughUS EPA's websitewhen US EPA receives an implementation plan submission that will be reviewed for adequacy; @) the public will have a minimum of 30 days to comment on the adequacy ofthe implementation plan submission; ifthe complete implementation plan is not accessibleelec&o&ally through the internet and a copy is requested within fifteen (15) days ofthe date of the websitenotice, the comment period will be extended30 days from the date that a copy ofthe implementation plan is mailed; (c) after the public comment period closes, US EPA will inform the department in writing whether US EPA has found the submission adequateor inadequate for use in transportationconformity,including response to any comments submitted directly and review of comments submittedthrough the departmentprocess, or US EPA will include the determinationof adequacy or inadequacy 

### in a proposed or fmal action approving or disapprovingthe implementation plan under Subparagraph (c) ofParagraph (2) of SubsectionF of this section (20.2.99.137 NMAC); (d) US EPA will publish a federal register notice to inform the public ofUS EPA's finding; if EPA finds the submission adequate, the effective date of this finding will be fifteen (15) days fiom the date the notice is published as established in the federal register notice, unless US EPA is taking a final approval action on the SIP as described in Subparagraph(c) ofParagraph (2) for Subsection

### F for this section (20.2.99.137 NMAC);

Proposed Revisionsto 20.2.99 NMAC(e) US EPA will announce whether the implementationplan submission is adequate or inadequate for use in transportationconformity on US EPAtswebsite;the websitewill also include US EPA's response to comments of any comments were received during the public comments period; (f) if after US EPA has found a submission adequate, US EPA has causeto reconsiderthis finding,US EPA will repeat actions described 

### in Subparagraphs(a) through (e) ofParagraph (1) of Subsection

### F or Paragraph (2) of Subsection

### F of 20.2.99.137 NMAC unless US EPA determines that there is no need for additional public commentgiven the deficiencies of the implementationplan submission; in all caseswhere US EPA reverses its previous findingto a finding of inadequacy under Paragraph (1) of Subsection

### F of 20.2.99.137 Nh4AC, such a finding will become effectiveimmediately upon the date ofUS EPAtsletter to the department; (g) if after EPA has found a submission inadequate,US EPA has cause to reconsider the adequacy of that budget,US EPA will repeat actions describedin Subparagraphs(a) through (e) of Paragraph (1) of this section (20.2.99.137 Nh4AC). (2) When US EPA reviews the adequacyof an implementation plan submission simultaneouslywith US EPA's approval or disapproval of the implementation plan: 

### (a) US EPA's federal register notice ofproposed or direct finalrulemaking will serve to notify the publicthat US EPA will be reviewing the implementation plan submission for adequacy; (b) the publication of the notice ofproposed rulemaking 

### will start a public commentperiod of at least thirty (30) days; (c) US EPA

### will indicate whether the implementation plan submission is adequateand thus can be used for conformity either in US EPA's finalrulemakingor through the process described 

### in Subparagraphs (c) through (e) of Paragraph (1) of Subsection

### F of this section (20.2.99.137 NMAC); if US EPA makes 

### an adequacy finding through a finalrulemaking that approves the impIementation plan submission, such a finding will become effective upon the publication date of US EPA's approval in the federal register, or upon the effective date ofUS EPA's approval if such action is conducted through direct final rulemaking; US EPA will respond to comments received directly and review comments submitted through the departmentprocess and include the response to commentsin the applicable docket. [12/14/94; 11/23/98; 20.2.99.137 NMAC 

### - Rn, 20 NMAC 2.99.137 10/31/02;

### A, 10/15/05; 

### A, xxlxxf081

20.2.99.138 CRITERIA AND PROCEDURES

# - INTERIM EMISSIONS IN AREAS WITHOUT MOTORVEHICLE EMlSSIONS BUDGETS. A. The transportation plan, TIP, and project not from a conforming transportation plan and TIP must satisfy the interim emissionstest(s) as describedin SubsectionsC through 

### L of 20.2.99.128 NMAC. This criterion applies to the net effect of the action (transportationplan, 

### TIP, or project not from a conforming transportationplan and TIP) on motor vehicle emissions from the entire transportation system. B. Ozone areas. The requirementsof this subsection (Subsection 

### B of 20.2.99.138 NMAC) apply to all 1-hour ozone and 8-hour ozoneN~QS areas, except for certain requirements as indicated. This criterioi&ay be met. (1) 

### In moderate and above ozone nonattainment areasthat are subject to the reasonable further progress requirements of CAA Section 182@)(1)if a regional emissionsanalysis that satisfiesthe requirementsof 20.2.99.141 Nh4AC through 20.2.99.147 NMAC and SubsectionsG through 

### L of 20.2.99.138 NMAC demonstrates that for each analysisyear and for each of the pollutants describedin Subsection

### F of 20.2.99.138 Nh4AC: (a) the emissions predictedin the "action" scenario

### are lessthan the emissions predicted in the "baseline" scenario, and this can be reasonably expected to be true in the periods between the analysis years; and (b) the emissions predicted 

### in the "action" scenario are lower than 1990 emissions by any nonzero amount, in areas for the 

### I-hour ozoneNAAQS as described

### in Subsection C of section 20.2.99.128 

### NMAC;

or the 2002 emissions by any nonzero amount, in areas for the 8-hour ozoneNAAQS 

### as described in Subsections

### D and E of 20.2.99.128 hWC. (2) 

### In marginal and below ozone nonattainment areas and other ozone nonattainment areas that are not subjectto the reasonable 

### further progress requirements of the CleanAir Act Section 182@)(1)if a regional emissions analysis that satisfiesthe requirements of Section 20.2.99.141 Nh4AC through 20.2.99.147 NMAC and Subsection G through 

### J of 20.2.99.138 Nh4AC demonstrates that for each analysis year and for each of the pollutants describedin Subsection

### F of 20.2.99.138 Nh4AC: (a) the emissions predicted in the "action" scenario are not greater than the emissionspredicted in the "baseline" scenario,and this can be reasonably expected to be true in the periods between the analysis

### years;

or

Proposed Revisionsto 20.2.99 Nh4AC 28@) the emissionspredicted in the "action" scenario are not greaterthan the 1990emissions,in areas for the 1-hourNAAQS as described in Subsection C of 20.2.99.128 NMAC ;or the 2002 emissions, in areas for the &hour ozone NAAQS as describedin Subsections D and E for 20.2.99.128 NMAC. C. CO areas. This criterionmay be met: (1) in moderate areas with design values greater than 12.7 ppm and serious CO nonattainment areas that are subject to CleanAir Act Section 187(a)(7)if a regional emissions analysisthat satisfies they requirements of Sections20.2.99.141 NMAC through 20.2.99.147 NMAC and SubsectionsG through J of 20.2.99.138 NMAC demonstrates that for each analysis year and for each of the pollutants described in Subsection

### F of 20.2.99.138 NMAC: (a) the emissionspredicted in the "action" scenario are less than the emissionspredicted in the "baseline" scenario,and this can be reasonably expected to be true in the periods between the analysis years; and @) the emissions predicted in the "action" scenario are lower than 1990 emissionsby any nonzero amount. (2) in moderate areas with design values less than 12.7ppm and not classifiedCO nonattainment

areas if a regional emissions analysis that satisfies the requirements of Sections 20.2.99.141 NMAC through 20.2.99.147 NMAC and SubsectionsG throughJ of 20.2.99.138 NMAC demonstrates that for each analysis year and for each of the pollutants described in Subsection

### F of 20.2.99.138 NMAC: (a) the emissionspredicted in the "action" scenario are not greaterthan the emissionspredicted in the "baseline" scenario, and this can be reasonably expectedto be true in theperiods between the analysis years;
or (b) the emissionspredicted in the "action" scenario are not greaterthan 1990emissions. D. PMlO and NO2 areas. This criterion may be met in PMlO and NO2 nonattainment areasif a regional emissionsanalysis that satisfiesthe requirementsof 20.2.99.141 NMAC through 20.2.99.147 NMAC and SubsectionsG throughJ of 20.2.99.138 NMAC demonstrates that for each analysis year and for each of the pollutantsdescribed in Subsection

### F of 20.2.99.138 NMAC, one of the followingrequirements is met: (1) the emissions predicted in the "action" scenario are not greater than the emissions predicted in the "baseline"scenario, and this can be reasonably expected to be true in the periods between the analysis years; or 

### (2) the emissionspredicted in the "action" scenario are not greater than baseline emissions; baseline emissions are those estimated to have occurred during calendar year 1990, unless the conformity implementation plan revision requiredby 40 CFR 51.390 definesthe baseline emissions for a PM10 area to be those occurring in a different calendar year for which a baseline emissions inventory was developed for the purpose of developing a control strategy implementationplan. 

### E. PM2.5 areas. This criterion maybe met in PM2.5 nonattainment areas if a regional emissions analysis that satisfies the requirementsof Sections 20.2.99.141 NMAC through 20.2.99.147NMAC and Subsections G through 

### J of 20.2.99.138 NMAC demonstrates that for each analysis year and for each ofthe pollutantsdescribed in Subsection

### F of 20.2.99.138 NMAC, one of the following requirements is met: (1) the emissions predicatedin the "action" scenario are not greater than the emissionspredicted in the "baseline" scenario, and this can be reasonably expected to be true in the periods between the analysisyears; or (2) the emissions predicted in the "action" scenario are not greater that 2002 emissions. 

### F. Pollutants. The regional emissions analysis must be performed forthe followingpollutants: (1) VOC in ozone areas; (2) NOx 

### in ozone areas, unless the US EPA administratordeterminesthat additional reductions of NOx would not contributeto attainment; (3) CO in CO areas; (4) PMlOinPMlOareas; (5) VOC andlorNOx in PMlO areas if the US 

### EPA regional administratoror the department has made a finding that such precursor emissions from within the area are a significant contributor to the PMlO nonattainment problem and has sonotified the MPO and US DOT; 

### (6) NOx in NO2 areas (7) PM2.5 areas; (8) reentrainedroad dust in PM2.5 areas only if the US EPA regional administrator orthe department has made a finding that emissions fiom reentrained road dust within the area are a significantcontributor to the PM2.5 nonattainmentproblem and has so notified the MPO and US DOT; (9) nitrogen oxides in PM2.5 areas, unless the EPA regional adrninistmtor and the department have made a finding that emissions of nitrogen oxidesfiorn within the area are not a significantcontributor to thePM2.5 nonattainment problem and has so notified the MPO (or the NMDOT in the absence of an MPO) andUS DOT; and

Proposed Revisionsto 20.2.99 NMAC 29(10) VOC, Sex

## S02 and/or ammonia 

### in PM2.5 areas if the EPA regional administratoror the department has made a fmdlng that any of such precursor emissions fiom within the area are a significant contributor to the PM2.5 nonattainmentproblem and has sonotifiedthe MPO (or theNMDOT 

### in the absenceof m MPO) and US DOT. 

### G. Analysis years. (1) Theregional emissions analysis must be performed for analysis years that areno more than ten (10) years apart.The fist analysis year must be no more than five (5) years beyond the year in which the conformity determination is being made. The last year of- the timekame of the conformity determination (as described under Subsection D of 20.2.99.125 NMAC) must alsobe an analysis year. (2) For areasusing Subparagraph (a) of Paragraph (2) of Subsection B of Section20.2.99.138 NMAC, Subparagraph(a) of Paragraph (2) of Subsection C of Section20.2.99.138 NMAC, Paragraph (1) of Subsection D of Section 20.2.99.138 NMAC, and Paragraph (1) of Subsection E of Section 20.2.99.138 

### NMAC, a regional emissions analysis that satisfies the requirements of Sections20.2.99.141 

### NMAC through 20.2.99.147 NMAC and SubsectionsG through J of Section 20.2.99.138 would not be required for analysis years in which the transportation projects and planning assumptions inthe "action" and "baseline" scenarios are exactly the same. 

### In such a case, SubsectionA of Section20.2.99.138 NMAC can be satisfiedby documenting that the transportation projects and planning assumptionsin both scenariosare exactly the same, and consequently, the emissionspredicted 

### in the "action" scenarioare not greater than the emissions predicted 

### in the "baseline" scenario for such analysis years. (3) When the timefiame of the conformity determination is shortened under Paramaph (2) of 20.2.99.125.D NMAC. the conformitvdeterminationmust be accompanied by a regional emissionsanalvsis (for informational purposes onlv) for the last year of the transportation plan. H. "Baseline" scenario. Theregional emissions analysis required by Subsections B and 

### E of 20.2.99.138 NMAC must estimate the emissionsthat would result fromthe "baseline" scenario

### in each analysis year. The "baseline" scenario must be defined for each of the analysisyears. The "baseline" scenariois the future transportation system that will result from current programs, includingthe following (except that exempt projects listed

### m Subsection A of20.2.99.149 NMAC and projects exempt fiom regional emissionsanalysis 

### as listed in Subsection B of 20.2.99.149 NMAC need not be explicitly considered): (1) all in-place regionally significant highway and transit facilities, services and activities; (2) all ongolngtravel demand management or transportation systemmanagement activities;and (3) completion of all regionally significant projects, regardlessof funding source,which are currently under construction or are undergoing right-of-way acquisition (except forhardship acquisition and protective buying); come from thefirst year of the previously conforming transportation plan and/or 

### TIP; or have completed the NEPA process. 

### I. "Action" scenario. The regional emissions analysisrequired by SubsectionsB and E of 20.2.99.138 NMAC must estimatethe emissionsthat would result fiom the "action" scenarioin each analysisyear. The "action" scenario must 

### be defined for each of the analysis years. The "action" scenariois the transportation systemthat would result from the implementation of the proposed action (transportationplan, 

### TIP, orproject not fiom a conforming transportation plan and 

### TIP) and all other expected regionally significantprojects in the nonattainrnent area The "action" scenariomust include the following(except that exempt projects listed 

### in Subsection A of 20.2.99.149 NMAC and projects exemptfrom regional emissions analysis

### as listed 

### in SubsectionB of20.299.149 NMAC need not be explicitlyconsidered): (1) all facilities, services, and activities

### in the "baseline" scenario; (2) completion of 

### all TCMs and regionally significant projects (including facilities, services, and activities) specifically identified in 

### the proposed transportation plan which will be operational or in effect in the analysisyear, except that regulatory TCMs may not be assumed to 

### begin at a future time unlessthe regulation is already adoptedby the enforcing jurisdiction orthe TCM is identifiedin the applicableimplementation plan; (3) all travel demand management programs and transportation system management activities

### known to the WO,but not included 

### in the applicableimplementation plan or utilizing any federal funding or approval, which have been fully adopted and/or funded by the enforcing jurisdiction or sponsoring agency since the last conformity determination; (4) the incremental effects of any travel demand managementprograms and transportation system management activities known to the MPO, but not included in the applicableimplementation plan orutilizing any federal funding or approval, which were adopted andior fundedprior to the date ofthe last conformity determination, but which have been modified sincethen to be more stringent or effective;

Proposed Revisions to 20.2.99 NMAC(5) completionof all expectedregionally significant highway and transit projects which are not fiom

a conforming transportation plan and TIP; and (6) completionof all expected regionally significantnon-FHWAETA highway and transit projects that have clear funding sources and commitmentsleading toward their implementationand completion by the analysisyear. J. Projects not from a conforming transportation plan and TIP. For the regional emissionsanalysis requiredby SubsectionsB and E of 20.2.99.138 NMAC, if the project which is not Erom a conformingtransportation plan and TIP is a modification of a project currentlyin theplan or TIP, the "baseline" scenariomust includethe project with its original design concept and scope, and the "action" scenariomust includethe project with its new design concept and scope. [12/14/94; 11/23/98;20.2.99.138 NMAC 

### - Rn, 20 NMAC 2.99.138 10/31/02;A, 10/15/05;A, 07/16/07& 

### xx/xx/081

20.2.99.139 CONSEQUENCESOF CONTROL STRATEGYIMPLEMENTATION PLAN FAILURES. A. Disapprovals. 

### (1) If US EPA disapproves any submitted control strategy implementationplan revision (with or without a protective finding), the conformity status ofthe transportation plan and TIP shall lapse on the date that highway sanctions as a result of the disapproval are imposedon the nonattainment area under Section 179(b)(l)of the CAA. No new transportation plan, TIP, or project may be found to conform until another control strategy implementation plan revision fulfilling the same CAA requirements is submitted and conformity to this submission is determined. (2) IfUS EPA disapproves a submitted control strategy implementationplan revision without making a protective finding, only projects in the first &we-@ fouryears of the currently conforming transportationplan and TIP or that meet the reauirements of Subsection

### B of 20.2.99.1 11 NMAC during the 12-month lapse mace period may be found to conform. This means that beginning on the effective date of a disapproval without a protective finding,no transportation plan, TIP, or project not 

### in the first hee(3jfour (4) years of the currently conforming transportation plan and TIP orthat meets the reauirementsof SubsectionB of 20.2.99.11 1NMAC during the 12-month lapse grace period may be found to conformuntil another control strategyimplementation plan revision llfilling the same Clean

### Air Act requirementsis submitted, US EPA finds its motor vehicle emissions budget(s) adequate pursuant to Section 20.2.99.137

### NMAC or approvesthe submission,and conformity to the implementation plan revision is determined. (3) In disapproving a control strategy implementation plan revision, US EPA would give a protective finding where a submitted plan contains adopted control measures or written commitments to adopt enforceable controlmeasures that fully satisfythe emissions reductions requirements relevant to the statutory provision for which the implementation plan revision was submitted, such as reasonable further progress or attainment. B. Failure to submit and incompleteness. In areas where US EPA notifies the department, MPO, and US DOT of the department's failure to submit a control strategy implementation plan or submission of an incomplete control strategy implementation plan revision (either ofwhich initiatesthe sanction processunder CAA Sections 179or 110(m)), the conformity status of the transportationplan and 

### TIP shall lapse on the date that highway sanctions are imposed on the nonattainment area for such failure under Section 179@)(1)of the CAA, unless the failure has been remedied and acknowledgedby a letter from the US EPA regional administrator. C. Federal implementationplans. IfUS EPA promulgates a federal implementationplan that contains motor vehicle emissionsbudget(s) as a result of a department failure, the conformity lapse imposedby 20.2.99.139 Nh4AC because ofthe department failure is removed. [12/14/94; 11/23/98; 20.2.99.139 NMAC 

### - Rn, 20 NMAC 2.99.139 10/31/02;A, 10/15/05; A, 

### xx/xx/08]

20.2.99.140 REQUIREMENTS FOR ADOPTION OR APPROVAL OF PROJECTS BY OTHER RECIPIENTS OF FUNDS DESIGNATED UNDER TITLE 23 U.S.C. OR THEFEDERALTRANSIT 

### LAWS A. Except 

### as provided 

### in Subsection

### B of 20.2.99.140 Nh4AC, no recipient offederal funds designated under title 23 U.S.C. or the federal transit laws shall adopt or approve a regionally significanthighway or transit project, regardless of funding source, unless the recipient finds that the requirements of one ofthe following

are met: 

### (1) the project comes Erom the currently conforming transportationplan and TIP (or meets the requirements of Subsection

### B of 20.2.99.1 11 NMAC during the 12-monthlapse graceperiod), and the project's design concept and scope have not changed significantly from those that were included in the regional emissions analyses for that transportation plan and TIP; or

Proposed Revisions to 20.2.99 NMAC 31(2) the project is included in the regional emissions analysis for the currently conforming transportation plan and TIP conformity determination (or meets the requirementsof Subsection

### B of 20.2.99.1 11 NMAC duringthe 12-month lapse mace periodl (even ifthe project isnot strictly included in the transportation plan or 

### TPfor thepurpose of

### MPO project selection or endorsement)* and the project's design concept and scope have not changed significantlyfrom those which were included in the regional emissions analysis;or- (3) a new regional emissions analysis includingthe project and the currently conforming transportation plan and TIP demonstrates that the transportation plan and 

### TIP would still conform if the project were implemented (consistentwith therequirementsof 20.2.99.137 NMAC and/or 20.2.99.138 NMAC for a project not

. . from a conformingtransportation plan and TIP). 

### B. In isolatedrural nonattainrnent and maintenance areas subject to SubsectionG of 20.2.99.128 NMAC, no recipient of federal hndsdesignatedunder title 23 U.S.C. or the federal transit laws shall adopt or approve a regionally significant highway or transit project, regardless of funding source, unless the recipient fmds that the requirementsof one of the following aremet: (1) the project was included in the regional emissions analysis supportingthe most recent conformity determination that reflects the portion of the statewidetransportation plan and TIP which are in thenonattainmentor maintenance area, and the project's design concept and scopehas not changed significantly;or (2) a new regional emissions analysisincluding the project and all other regionally signdicant projects expected in the nonattainment or maintenance area demonstrates that those projects in the statewide transportation plan and statewide TIP which are in the nonattainment or maintenance areawould still conform ifthe project were implemented (consistent with the requirements of 20.2.99.137 NMAC and/or 20.2.99.13 8NMAC for projects not from a conforming transportationplan and TIP). C. Notwithstanding Subsections A and 

### B of Section20.2.99.140 WC, 

### in nonattainment and maintenanceareas subject to Subsections

### J or 

### K of Section 20.2.99.128 NMAC for a givenpollutant/precursor and NAAQS, no recipient of federal funds designatedunder title 20 U.S.C. or the federal transit laws shall adopt or approve a regionally significanthighway or transitproject, regardless of hnding source.Unless the recipientfinds that the requirementsof one of the followingare met for that pollutant/precursorand NAAQS: (1) theproject was included in themost recent conformity determination for the transportationplan and 

### TIP and the project's design concept and scope has not changed significantly; or (2) the project as included in the most recent conformity determination that reflects the portions of the statewide transportationplan and statewide TIP which are

### in thenonattainment or maintenance area, and the project's design concept and scopehas not changed significantly. [1Z14/94; 11/23/98;20.2.99.140 WC 

### - Rn,20NMAC 2.99.140 10/31/02;A, 10/15/05; A. xx/xx/08]

20.2.99.141 PROCEDURES FOR DETERMININGREGIONALTRANSPORTATION-RELATED POLLUTANT EMISSIONS

# - GENERAL REQUIREMENTS: A. The regional emissions analysis required by 20.2.99.137 NMAC and 20.2.99.138 Nh4AC for the transportation plan, 

### TIP, or project not from a conforming plan and TIP shall include all regionally significant projects expected in thenonattainmentor maintenance area, includingFHWA/FTA projectsproposed in the transportation plan and 

### TIP, and all other regionally significant projects which are disclosed to the MPO as required by 20.2.99.1 16NMAC through 20.2.99.124 NMAC. Projects which are not regionally significant are not required to be explicitly modeled, but vehicle miles traveled 

### (VMT) from such projects shallbe estimated in accordancewith reasonableprofessional practice. The effects of TCMs and similar projects that are not regionally significantmay alsobe estimated 

### in accordance with reasonableprofessional practice. 

### B. The emissions analysismay not include for emissions reduction credit any TCMs or other

measures 

### in the applicableimplementation plan which havebeen delayed beyond the scheduled date(s) until such time as their implementation has been assured. 

### Ifthemeasure has been partially implemented and it can be demonstrated that it isproviding quantifiableemission reduction benefits, the emissions analysis may includethat emissions reduction credit. 

### C. Emissionsreduction credit from projects, programs, or activitieswhich require a regulatory action 

### in order to be implemented may not be included in the emissions analysisunless: (1) The regulatory action is already adoptedby the enforcing jurisdiction; (2) Theproject, program, or activity is included in the applicableimplementation plan; (3) The control strategy'implementation plan submission or maintenanceplan submissionthat establishesthe motor vehicle emissionsbudget (s) for the purposes of 20.2.99.137NMAC contains a written commitmentto the project, program, or activityby the agency with authority to implement it; or

Proposed Revisions to 20.2.99 NMAC(4) US EPA has approved an opt-in to a Federally enforced program, USEPA has promulgated the program (if the control program is a Federal responsibility, such as vehicle tailpipe standards), or the 

### CAA requires the program without need for individual State action and without any discretionary authority for US EPA to set its stringency, delay its effective date, or not implement the program. E. Emissions reduction credit from control measures that are not included in the transportation plan and TIP and that do not require a regulatory action in order to be implemented may not be included in the emissions analysis unless the conformity determination includes written commitments to implementation from the appropriate entities. (1) Persons or entities voluntarily committing to control measures must comply with the obligations of such commitments. (2) The conformity implementation plan revision required in 40 

### CFR 51.390 must provide that written commitments to control measures that are not included in the transportation plan and TIP must be obtained prior to a conformity determination and that such commitments must be fulfilled. E. A regional emissions analysis for the purpose of satisfying the requirements of 20.2.99.138 NMAC must make the same assumptions in both the "Baseline" and "Action" scenarios regarding control measures that are external to the transportation system itself, such as vehicle tailpipe or evaporative emission standards, limits

on gasoline volatility, vehicle inspection and maintenance programs, and oxygenated or reformulated gasoline or diesel fuel. F. The ambient temperatures used for the regional emissions analysis shall be consistent with those used to establish the emissions budget in the applicable implementation plan. All other factors, for example the fraction of travel in a hot stabilized engine mode, must be consistent with the applicable implementation plan, unless modified after interagency consultation according to 20.2.99.120 NMAC to incorporate additional or more geographically specific information or represent a logically estimated trend in suchfactors beyond the period considered in the applicable implementation plan. G. Reasonable methods shall be used to estimate nonattainment or maintenance area

### VMT on offnetwork roadways within the urban transportation planning area, and on roadways outside the urban transportation planning area. [12/14/94; 11/23/98; 20.2.99.141 

### NMAC 

### - Rn,20NMAC 2.99.141 10/31/02]

20.2.99.142 PROCEDURES FOR DETERMININGREGIONAL TRANSPORTATION-RELATED POLLUTANTEMISSIONS --ANALYSIS 

### IN SERIOUS,SEVERE,AND EXTREME OZONE NONA'ITAINMENT AREAS AND SERIOUS CARBONMONOXIDE AREAS: Regional emissions analyses must meet the requirements of subsections A through C of 20.2.99.142 NMAC if their metropolitan planning area contains an urbanized areapopulation over two hundred thousand (200,000). A. By January 1, 1997, estimates ofregional transportation-related emissions used to support conformity determinations must be made at a minimum using network-based travel models according to procedures and methods that are available and in practice and supported by current and available documentation. These procedures, methods, and practices are available from US DOT and will be updated periodically. Agencies must discuss these modeling procedures and practices through the interagency consultation process, as required by 20.2.99.120 

### NMAC. Network-based travel models must at a minimum satisfy the following requirements: (1) Network-based models must be validated against observed counts 

### (peak and off-peak, ifpossible) for a base year that is not more than ten (10) years prior to the date of the conformity determination. Model forecasts must be analyzed for reasonableness and compared to historical trends and other factors, and the results must be documented; (2) Land use, population, employment, and other network-based travel model assumptions must be documented and based on the best available information; (3) Scenarios of land development and use must be consistent with the futuretransportation system alternatives for which emissions are being estimated. The distribution of employment and residences for different transportation options must be reasonable; (4) A capacity-sensitive assignment methodology must be used, and emissions estimates must be based on a methodology which differentiates between peak and off-peak link volumes and speeds and uses speeds based on final assigned volumes; (5) Zone-to-zone travel impedances used to distribute trips between origin and destination pairs shall be in reasonable agreement with the travel times that are estimated from final assigned traffic volumes. Where use of transit currently is anticipated to be a significant factor in satisfying transportation demand, these times should also be used for modeling mode splits; and

Proposed Revisions to 20.2.99 

### NMAC

### (6) Network-based travel models must bereasonably sensitive to changes

### in the time(s), cost(s), and other factors affecting travel choices. 

### B. Reasonable methods 

### in accordancewith good practicemust beused to estimate traffic speedsand delays in a manner that is sensitive to the estimated volume of travel on each roadway segment represented

### in the network-based traveI model. C. Highway Performance Monitoring System(HPMS) estimatesof vehicle miles traveled 

## 0 shall be consideredthe primary measure of 

### VMT within the portion of the nonattainmentor maintenance area and for the functional classes of roadways included in HPMS, for urban areas which are sampled on a separateurban area basis. For areas with network-based travel models, a factor (or factors)may be developed to reconcile and calibrate the network-based model estimates of

### VMT in the base year of its validation to the HPMS estimates for the

sameperiod. These factors may then be applied to model estimatesof future

### VMT. In this factoringprocess, considerationwill be given to differences between HFMS and network-based travel models, such as differences in the facility coverage of the HPMS and the modeled network description. Locally developed count based programs and other departures from these procedures are permitted subjectto the interagency consultation procedures of 

### 20.2.99.120 NMAC. [12/14/94; 11/23/98;20.2.99.142 NMAC 

### - Rn,20 NMAC 2.99.142 10/31/02]

20.2.99.143 PROCEDURES FOR DETERMINING REGIONAL TRANSPORTION- RELATED POLLUTION EMISSIONS 

### -TWO-YEAR GRACE PERIOD FOR REGIONAL EMISSIONS ANALYSIS REQUIREMENTSIN CERTAIN OZONE

### AND CO AREAS. Therequirementsof 

### 20.2.99.142 NMAC apply in such areas or portions of such areas that have not previously been required to meet these requirements for any existingNAAQS two years from the following: A. the effective date ofUS EPA's reclassification of an ozone or 

### CO nonattainment area that have an urbanized area population greater than 

### 200,000 to serious or above; 

### B. the official notice by the census bureau that determines the urbanized area population of a serious or above ozone or 

### CO nonattainment area to be greater than 

### 200,000; or C. the effective date ofUS EPA's action that classifies a newly designated ozone or 

### CO nonattainment area that has an urbanized area population greater than 

### 200,000 as serious or above. 

### [12/14/94; 11/23/98;20.2.99.143 NMAC 

### - Rn,20 NMAC 2.99.143, 10/31/02;20.2.99.143 NMAC - N, 

### 10/15/05]

20.2.99.144 PROCEDURES FOR DETERMINING REGIONAL TRANSPORTATION-RELATED POLLUTANT EMISSIONS 

### -AREAS WHICHARE NOT SERIOUS, SEVERE OR EXTREME OZONE NONATTAINMENTAREAS OR SERIOUS CARBONMONOXIDE AREAS. 

### In all areas not otherwise subjectto 

### 20.2.99.142 NMAC, regional emissions analysesmust use those procedures described 

### in 20.2.99.142 NMAC iftheuse ofthoseprocedures has been the previous practice of the MPO. Otherwise, areas not subject to 

### 20.2.99.142 

### NMAC may estimate regional emissions using any appropriate methods that account for

### VMTgrowth by, for example, extrapolating historical

### VMTor projecting future

### VMT by considering growth in population and historical growth trends for VMT per person. These methods must also consider future economic activity,transit alternatives, and transportation system policies. 

### [12/14/94; 11/23/98;20.2.99.144 NMAC 

# - Rn, 20 NMAC 2.99.144, 10M1/02;20.2.99.144 NMAC 

### -Rn, 20.2.99.143 NMAC, 

### 10115/05]

202.99.145 PROCEDURES FOR DETERMINING REGIONALTRANSPORTATION-RELATED POLLUTANT EMISSIONS 

# -PMlO FXOM CONSTRUCTION-RELATED FUGITIVE DUST. A. For areas in which the implementation plan does not identify construction-related fugitive

### PMlO

as a contributor to the nonattainmentproblem, the fugitive 

### PMlO emissionsassociated with highway and transit project constructionarenot required to be considered in the regional emissionsanaIysis. 

### B. In 

### PMlO nonattainment and maintenance areas with implementation plans which identify construction-related fugitive 

### PM10 as a contributor to the nonattainmentproblem, the regional

### PMlO emissions analysis shall consider construction-relatedfugitive

### PMlO and shall account for the Ievel of constructionactivity, thefugitive 

### PMlO control measures 

### inthe SIP, and the dust-producingcapacity of the proposed activities. 

### [12/14/94; 11/23/98; 20.2.99.145 NMAC 

### - Rn, 

### 20 NMAC 

### 2.99.145, 10/31/02;20.2.99.145 NMAC 

### - Rn, 20.2.99.144 NMAC, 10115/05]

20.2.99.146 PROCEUDURES FOR DETERMINING REGIONAL TRANSPORTATION

# - RELATED POLLUTANT EMISSIONS 

# -PM2.5 FROM CONSTRUCTION

# - RELATED FUGITIVE DUST.

Proposed Revisionsto 

### 20.2.99 NMAC 

### 34A. For PM2.5 areas in which the implementation plan does not identify construction-related fugitive PM2.5 as a significant contributor to the nonattainment problem, the fugitive PM2.5 emissions associated with highway and transit project construction are not required to be considered on the regional emissions analysis. B. 

### In PM2.5 nonattainment and maintenance areas with implementationplans which identify construction-related fugitivePM2.5 as a significant contributorto the nonattainment problem, the regional PM2.5 emissions analysis shall consider construction-related fugitive PM2.5 and shall account for the level of construction activity, the fugitive PM2.5 control measures in the applicable implementation plan, and the dust-producingcapacity of the proposed activities. [12/14/94; 11/23/98;20.2.99.146 NMAC 

### - Rn,20 NMAC 2.99.146, 10/31/02;20.2.99.146 NMAC 

### -N, 10/15/05]

20.2.99.147 PROCEDURES FOR DETERMININGREGIONAL TRANSPORTATION-RELATED POLLUTANT EMISSIONS

## -- RELIANCE ON PREVIOUS REGIONAL EMISSIONSANALYSIS. A. Conformity determinations for a new transportationplan andor

### TIP may be demonstratedto satisfy the requirements of Section 20.2.99.137 NMAC ("Motor vehicle emissionsbudget") or Section20.2.99.138 NMAC ("Emission reductions in areas without motor vehicle emissionsbudgets") without new regional emissions analysis ifthe regional emissions analysis if the previous regional emissionsanalysis also applies 

### to the new plan and/or 

### TIP. This requires a demonstration that: (1) the new plan and/or 

### TIP contains all projects which must be startedin the plan and TIP's timeframe in order to achieve the highway and transit system envisionedby the transportation plan; (2) all plan and 

### TIP projects which are regionally significant are included in the transportationplan with design concept and scope adequate to determine their contributionto the transportation plan's andor TIP's regional emissions at the time ofthe previous conformity determination;and (3) the design concept and scope of each regionally significantproject in the new plan andor

### TIP are not significantly different from that described in the previous transportation plan; and (4) the previous regional emissions analysis is consistent with the requirements of Section 20.2.99.137 NMAC (including that conformity to all currently applicable budgets is demonstrated) andor Section 20.2.99.1 3 8 

### NMAC, asapplicable. B. A project which is not from a conforming transportation plan and a conforming TIP may be demonstrated to satisfythe requirements of 20.2.99.137 NMAC or 20.02.99.138 NMAC without additionalregional emissions analysis if allocating funds to the project will not delay the implementation ofprojects in the transportation plan or TIP which are necessary to achieve the highway and transit system envisionedby the transportation plan, the previous regional emissions analysis is still consistentwith the requirements of Section 20.2.99.137NMAC (including that conformity to all currently applicable budgets is demonstrated) andor Section 20.2.99.138 NMAC, 

### as applicable, and if the project is either: (1) not regionally significant;or (2) included in the conforming transportationplan (even if it is not specifically included

### in the latest conforming TIP) with design concept and scope adequate to determine its contributionto the transportationplan's regional emissionsat the time ofthe transportationplan's conformity determination,and the design concept and scope of the project is not significantly different from that described in the transportationplan. C. A conformity determination that relies on this section (20.2.99.147 

### NMAC) does not satisfy the frequency requirementsof Sections20.2.99.1 12NMAC and 20.2.99.1 13 NMAC. [12/14/94; 11/23/98;20.2.99.147 NMAC - 

### Rn, 20 NMAC 2.99.147, 10/31/02;20.2.99.147NMAC 

### - Rn, 20.2.99.145 NMAC &A, 10/15/05]

20.2.99.148 PROCEDURESFOR DETERMINING LOCALIZED CO, PMlO

### AND PM2.5 CONCENTRATIONS (HOT-SPOT ANALYSIS). A. CO Hot-spot Analysis. (1) The demonstrations requiredby 20.2.99.1 35 Nh4AC shall be based on quantitative analysisusing the applicable air quality models, data bases, and other requirements specifiedin 40 CFR part 51 appendixW ("Guideline on Air Quality Models"). These procedures shall be used in the following cases, unless, different procedures developed through the interagency consultation process required in 20.2.99.1 16NMAC through 20.2.99.124 NMAC and approvedby the EPA region 6 administrator are used: (a) for projects 

### in or affecting locations, areas, or categoriesof sites which are identifiedin the SIP as sites ofviolation or possible violation; (b) for projects affecting intersections that are at level-of-serviceD, E, or F, or those that will change to level-of-serviceD, E, orF because of increased traffic volumes related to the project;

Proposed Revisions to 20.2.99 NMAC(c) for any project affecting one or more of the intersections which the SIP identifies as the top threeintersections 

### in the nonattainmentor maintenance area based on the highest traffic volumes; and (d) for any project affecting one or more of the intersections which the SIP identifies asthe top three intersections in the nonattainment or maintenance area based on the worst level of service. 

### (2) In cases other than those described in Paragraph (1) of SubsectionA of 20.2.99.146 NMAC, the demonstrationsreuuired bv 20.2.99.135 NMAC mav be based on either: (a) quantitativemethodsthat represent reasonable and common professional practice; or @) a qualitative considerationof local factors,ifthis can provide a clear demonstrationthat the requirements of 20.2.99.135 NMAC are met. (3) US DOT, in consultationwith US EPAmav also choose to make a categorical hot-mot finding that SubsectionA of 20.2.99.135 NMAC is met without further hot-spot analysis for anv ~roiect described

### in Paragraphs (11 and (2) of this subsection (20.2.99.148.ANMAC) based on appropriate modeling. US DOT, in consultationwith US EPA. mav also consider the current air sualitv circumstancesof a given CO nonattainment or maintenance area in categoricalhot-spot findings for applicableFHWA or FTA projects. 

### B. PMlO and PM2.5 Hot-spot Analysis. (1) Thehot-spot demonstration requiredby 20.2.99.135 

### NMAC shall be based on quantitative analysis methods for the following types ofprojects: (a) new highway projects that have a significantnumber of 

### iff diesel vehicles, and expanded hi~hwav vroiectsthat have a significant increase in the number of diesel vehicles; @) projects affecting intersectionsthat are at level-of-service

### D, E, or 

### F with a significant number of diesel vehicles, or those that will change to level-of-serviceD, E, or 

### F because of increasedtraffic volumes from a significant number of diesel vehicles related tothe project; and (c) new bus and rail terminals and transfer points which have a significant number of diesel



## . vehicles congregating at a single location; (d) expandedbus and rail terminals and transfer points that significantly increase the number of diesel vehicles congregating at a single location; and (e) projects in or affecting locations, areas, or categories of sites which are identified in the PMlO or PM2.5 applicable implementation plan submission, as appropriate,

### as sites of violation or possible violations. (2) Where quantitative analysis methods arenot required, the demonstration required by 20.2.99.135 NMAC for projects described

### in Paragraph (I) of Subsection

### B of this Sectionmust be based on a qualitative consideration of local factors. (3) US DOT, in consultationwith EPA, may also chooseto make a categoricalhot-spot findingthat Section 20.2.99.135 NMAC is met without further hot-spot analysis for any project described 

### in Paragraph (1) of Subsection

### B ofthis Sectionbased on appropriate modeling. US DOT, in consultationwith 

### EPA, may also consider the current air quality circumstancesof a given PM2.5 or PMlO nonattainmentor maintenance area in categorical hot-spot findings for applicableFHWA or FTA projects. (4) The requirements of this Subsection

### B of 20.2.99.146 NMAC for quantitative analysiswill not take effect until 

### EPA releases modeling guidance on this subject and announces in the federal register that these requirementsare

### in effect. C. General Requirements. (1) Estimated pollutant concentrations shall be based on the total emissions burden which may result fromthe implementationof the project, summed together with future background concentrations. Thetotal concentration shall be estimated and analyzed at appropriate receptor locationsin the area substantially affected by the project. (2) Hot-spot analyses shall include the entire project, and may be performed only afterthe major design features which will significantly impact concentrations have been identified. The future background concentration should be estimatedby multiplying current background by the ratio offutureto current traffic and the ratio of future to current emission factors. (3) Hot-spot analysis assumptions shall be consistent with those 

### in the regional emissions analysisfor those inputs which are requiredfor both analyses. (4) CO, PMlO or PM2.5 mitigation or control measures shall be assumed in the hot-spot analysis only where there arewritten commitments from the project sponsor or operatortoimplement such measures,as required by SubsectionA of 20.2.99.148 NMAC. (5) CO, PM10, and PM2.5 hot-spot analysesarenot requiredto consider construction-related activities which cause temporary increases

### in emissions. Each site which is affected by construction- related

Proposed Revisionsto 20.2.99 NMACactivities shall be considered separately,using established "Guideline"methods. Temporary increases are defined as those which occur only during the construction phase and last five years or less at any individual site. [12/14/94; 11/23/98; 20.2.99.148 NMAC 

### - RII, 20 NMAC 2.99.148, lOI31/02; 20.2.99.148 NMAC 

### - Rn, 20.2.99.146, 10/15/05;A, 07/16/07; 

### A xx/xx/O8]

20.2.99.149 USlNG THE MOTOR VEHICLE EMISSIONS BUDGET IN THE SIP (OR IMPLEMENTATIONPLAN SUBMISSION). A. 

### In interpreting an SIP (or implementation plan submission)with respect to its motor vehicle emissionsbudget(s), the MPO (or NMDOT 

### in the absenceof 

### an MPO) and the US DOT may not infer additionsto the budget(s) that are not explicitlyintendedby the implementation plan (or submission). Unless the implementation plan explicitly quantifies the amount by which motor vehicle emissions couldbe higher while still allowing a demonstration ofcompliancewith the milestone, attainment, or maintenancerequirement and explicitly states an intent that some or all ofthis additional amount should be availableto the MPO (or NMDOT in the absence of an MPO), and the 

### US DOT, in the emission budget for conformitypurposes, neither the h4PO (or NMDOT in the absence of an MPO) nor US DOT may interpret the budget to be higher than the implementation plan's estimate of future emissions. This applies in particular to SIPS(or submissions)which demonstratethat after implementation of control measures in the implementationplan: (1) emissions fiom 

### aU sourceswill be less 

### than the total emissions that would be consistent with a required demonstration of 

### an emissionsreduction milestone; (2) either emissionsfrom all sources will result in achieving attainment prior to the attainment deadline,andor ambient concentrations in the attainment deadline year will be lower than needed to demonstrate attainment; or (3) emissions willbe lower than needed to provide for continued maintenance. B. A conformity demonstration shall not trade emissions among budgets which the SIP (or implementation plan submission) allocates for different pollutants orprecursors,or among budgets allocatedto motor vehicles and other sources,unless the implementation plan establishes appropriate mechanisms for such trades. 

### C. If the applicable SIP (or implementation plan submission) estimates future emissionsby geographic subarea of the nonattainment area, the MPO (or NMDOT in the absence of an MPO), and the US DOT &e notrequired to consider this to establish subarea budgets, unless the SIP (or implementation plan submission) explicitly indicates 

### an intent to create such subareabudgets for the purposes of conformity. D. If a nonattainment area includes more than one MPO, the applicable SIP may establishmotor vehicle emissions budgets for each MPO. Otherwise, the MPOs shall collectively make a conformity determination for the entire nonattainment area. [1U14/94; 11/23/98;20.2.99.149 NMAC 

### - Rn,20 NMAC 2.99.149, 10/31/02; 20.2.99.149NMAC 

### - Rn, 20.2.99.147 NMAC & A, 10/15/05]

20.2.99.150 ENFORCEABILITYOF DESIGN CONCEPTAND SCOPEAND PROJECT-LEVEL MITIGATIONAND CONTROLMEASURES. A. Prior to determiningthat 

### a transportation project is in conformity, the MPO, other recipient of funds designated under title 23 U.S.C. or the federal transit laws, FHWA, or FTA must obtain from the project sponsor andor operator written commitmentsto implement in the constructionofthe project and operation of the resulting facility or service any project-level mitigation or control measures which are identified 

### as conditionsfor NEPA process completion with respect to local CO, PM10, or 

### PM2.5 impacts. Before a conformity determination is made, written contractual commitmentsmust alsobe obtained for project-levelmitigation or control measureswhich

are conditions for making conformity determinationsfor a transportation plan or 

### TLP and included

### in theproject design concept and scope which is used in the regional emissions analysisrequired by 20.2.99.137 NMAC and 20.2.99.138 NMAC or used in the project-level hot-spot analysis required by 20.2.99.135 NMAC. B. Project sponsorsvoluntarily committingto mitigation measures to facilitate positive conformity determinationsshall provide written contractual commitmentsand must comply with the obligations of such commitments. 

### C. Written contractual commitments to mitigation or control measures shallbe obtained prior to a positive conformity determination, and project sponsors must comply 

### with such commitments. D. 

### If the h4PO or project sponsorbelieves the mitigation or control measure is no longer necessary for conformity, the project sponsor or operator may be relieved of its obligationto implement the mitigation or control measure if it can demonstratethat the applicablehot-spot requirements of 20.2.99.135 NMAC, emission

Proposed Revisionsto 20.2.99 NMAC 371 budget requirements of 20.2.99.137 

### NMAC, and interim emissionsrequirements of 20.2.99.138 

### NMAC are satisfied withoutthe mitigation or control measure, and sonotifies the agencies involved 

### in the interagency consultation processrequired under 20.2.99.1 16

### NMACthrough 20.2.99.124 

### NMAC. The MPO (orNMDOT in the absenceof

an MPO) and 

### US DOT must findthat the transportation plan and 

### TIP still satisfy the applicable requirementsof 20.2.99.137 

### NMAC and 20.2.99.138 

### NMAC and that the project still satisfies the requirements of 20.2.99.135 NMAC andtherefore that the conformity determinations for the transportation plan, 

### TIE', and project are still valid. This finding is subjectto the applicable public consultation requirements

### in20.2.99.124

### NMAC for conformity determinations for projects. [12/14/94; 1 1/23/98; 20.2.99.150 

### MvIAC 

### - Rn,20 

### MvIAC 2.99.150, 10/31/02; 20.2.99.150 

### NMAC 

### - Rn, 20.2.99.148 

### NMAC &A, 10/15/05;

### A. xx/xx/O8]

20.2.99.151 

### EXEMPTIONS. A. Exempt projects. Notwithstanding the other requirementsofthis part, highway and transitprojects ofthe types listed in Table 2 of this section are exempt from the requirement to 

### determine conformity. Suchprojects may proceed toward implementationeven 

### inthe absence of a conforming transportation plan and TIP. 

### A particular action of the type listed in Table 2 (ofthis section) isnot exempt if the MFO 

### in consultation with other agencies (e.g. the department,see Subsection 

### Cof 20.2.99.120 

### NMAC, theUS 

### EPA, and the FHWA 

### (in the case of a highway project) or the 

### FTA (in the case of a transit project)) concur that it has potentially adverse emissions impacts for any reason. NMDOT and the MFO, in consultationwith the department, as appropriate, must assure that exempt projects do not interferewith TCM implementation. Table 2 follows. Table 2. Exempt Projects. (1) Safety: (a) railroadhighway crossing; 

### (b) hVP 

### .. 

## . rojectsthat correct. improve. or eliminatea hazardous locationor feature; (c) safer non-federal-aid system roads; (d) shoulderimprovements; (e) increasing sight distance; (f) -highway safety improvement program implementation; (g) traffic control devices and operating assistanceother than signalizationprojects; 

### (h) railroadhighway crossing warning devices; (i) guardrails,median baniers, crash cushions; 

## 0) pavementresurfacing or rehabilitation; (k) 

### ,-..,,,e,,,l,,, pavement marking; (1) emergency relief (23 

### U.S.C. 125); (m) fencing; (n) skid treatments; (0) safety roadsiderest areas; @) addingmedians; (q) truck climbing lanes outside the urbanized area; (r) lightingimprovements; (s) widening narrow pavements or reconstructingbridges (no additional travel lanes); (t) emergency truck pullovers. (2) Masstransit: (a) operating assistanceto transit agencies; (b) purchase of support vehicles; (c) rehabilitationof transit vehicles 

### (In PM10 and 

### PM2.5nonattainment or maintenanceareas, only ifprojects are in compliancewith control measures in the SIP.); (d) purchase of office, shop, and operating equipment for existingfacilities; (e) purchase of operating equipment for vehicles (e.g., radios, fareboxes, lifts, etc.); (f) construction or renovation ofpower, signal, and communications systems; (g) constructionof smallpassenger shelters and information kiosks; (h) reconstruction or renovation of transit buildings and structures (e.g., rail or bus buildings, storage and maintenance facilities, stations,terminals, and ancillary structures); 

### (i) rehabilitation or reconstruction of track structures, track, and trackbed in existing rights-ofProposed Revisionsto 20.2.99 

### NMAC 38(j) purchase of new buses and rail cars to replace existing vehicles or for minor expansionsof the fleet (In PM10 nonattainment or maintenance areas, such projects are exempt only if projects are in compliance with controlmeasures in the SIP.); 

## O construction of new bus or rail storagelmaintenancefacilitiescategorically excludedin 23 CFR 771. (3) Air quality: (a) continuation of ride-sharing and van-pooling promotion activities at current levels; @) bicycle and pedestrian facilities. (4) Other: (a) specificactivities which do not involveor lead directly to construction, such as: (i) planning and technical studies; 

### (ii) grants for training and research programs; 

### (ii) planning activities conductedpursuant to titles 23 and 49 U.S.C.; or (iv) federal-aid systems revisions; @) engineeringto assess social,economic, and environmental effectsofthe proposed action or alternatives to that action; (c) noise attenuation; (d) emergency or hardship advance land acquisitions(23 CFR 710.503); (e) acquisition of scenic easements; 

## (0 platings, landscaping, etc.; (g) signremoval; (h) directional and informational signs; (i) transportation enhancementactivities(except rehabilitation and operation of historic transportation buildings, structures, or facilities); (j) repaix of damagecaused by natural disasters, civil unrest, or terrorist acts, exceptprojects involving substantial functional, locational, or capacity changes. B. Projects exempt from regional emissions analyses. Notwithstanding the other requirementsofthis part, highway and transit projects of the types listed in Table 3 of this section are exempt from regional emissions analysis requirements. The local effects ofthese projectswith respect to CO concentrations must be consideredto determine if a hot-spot analysis is required prior to making a project-levelconformity determination. The local effects of projects with respect to PMlO and PM2.5 concentrations must be considered and a hot-spot analysis performed prior to making a project-level conformity determination, if a project in Table 3 also meetsthe criteria of Paragraph (1) of SubsectionB of Section20.2.99.148 NMAC. These projects may then proceed to the project development process even in'the absence of a conformingtransportationplan and TIP. A particular action of the type listed 

### in Table 3 (of this section)is not exempt from regional emissions analysis if the 

### MPO in consultation with other agencies (e.g. the department, see Subsection C of 20.2.99.120 

### NMAC), the US EPA, and the FHWA (in the case of a highwayproject) or the FTA (in the case of a transit project) concur that it has potential regional impacts for any reason. Table 3 follows. Table 3. Projects Exempt from Regional Emissions Analyses: (1) intersection channelization projects; (2) intersection signalizationprojects at individual intersections; (3) interchangereconfiguration projects; (4) changes in vertical and horizontal alignment; (5) truck size and weight inspection stations; (6) bus terminals and transferpoints. [12/14/94; 11/23/98;20.2.99.151 NMAC 

### - Rn,20 NMAC 2.99.151, 10131/02; 20.2.99.151 NMAC 

### -Rn, 20.2.99.149 NMAC &A, 10/15/05;A, 07/16/07]

20.2.99.152 TWFICSIGNAL SYNCHRONIZATIONPROJECTS. Traffic signal synchronization projects may be approved, funded, and implemented without satisfying the requirements of this 

### part. However, all subsequent regional emissionsanalyses required by 20.2.99.137 NMAC and 20.2.99.138 NMAC for transportation plans, TIPS,or projects not from a conforming plan and TIP must include such regionally significanttraffic signal synchronization projects. I20.2.99.152 NMAC 

### - Rn,20.2.99.150 NMAC, 10/15/05]

20.2.99.153 SPECIALEXEMPTIONS FROM CONFORMITY REQULREMENTS FOR PILOT PROGRAM AREAS. EPA and NMDOT may exempt no more than six areas for no more than three years from

Proposed Revisions to 20.2.99 NMAC 39

### certain requirements ofthis subpart if these areas are selectedto participate

### in a conformity pilot program and have developed alternative requirementsthat have been approved by EPA as an implementationplan revision in accordance with 40 

### CFR part 5 1.390. 

### For the duration ofthepilot program, areas selected to participate in thepilot program must comply with the conformity requirements ofthepilot area'simplementation plan revision for 451.390 

### of this chapter and aI1 other requirements in 40 

### CFR parts 51 and 93 

### that- are not coveredby the pilot area's implementation plan revision for 40 

### CFR part 5 1.390. 

### The alternativeconformity requirements in conjunction with any applicable state and/or federal conformity requirements must be proposedto fuLfill all of the requirements of and achieve results equivalentto or better than Section 176(c)ofthe Clean Air Act. After the three-yearduration ofthe pilot program has expired, areas 

### will again be subjectto all of the requirements ofthis subpart and 40 

### CFR part 51, 

### subpart T, and/or to the requirements of any implementation plan revision that was 

### previously approved by EPA 

### in accordancewith 40 

### CFR part 51.390. [20.2.99.153 

### NMAC 

### - N, 10/15/05]

20.2.99.154 SAVINGS PROVISION. 

### The federal conformityrules under 40 

### CFRpart 93 

### subpart A, 

### in addition to any existing applicable staterequirements, establish the conformity criteria and procedures necessary to meet the requirements of CAA Section 176(c)until such time as this conformity implementation plan revision is approved by 

### EPA. Following EPA approval ofthis revisionto the SIP (or a portion thereof) the approved (or approved portion ofthe) department's criteria and procedures would govern conformity determinations and the federal conformity regulations contained in 40 

### CFR part 93 

### would apply only for theportion, if 

### any, of the department's conformity provisions that is not approvedby EPA. In addition, any previously applicable SIP requirements relating to conformityremain enforceable until the department revisesits SIPto specificallyremove them and that revision is approvedby EPA. [20.2.99.154 

### NMAC 

# - Rn,20.2.99.151 

### NMAC, 10/15/05]

HISTORY OF 20.2.99NMAC: Pre-NMAC History: 

### None.
History of Repealed Material: 

### [RESERVED]

Other History: 20

### NMAC 2.99, 

### ConformityTo The StateImplementation Plan OfTransportationPlans, Programs, And Projects, filed 11/14/94 

### was replaced by 20

### NMAC 2.99, 

### ConformityTo The StateImplementation Plan OfTransportation Plans, Programs, And Projects, filed 10123198. 20 

### NMAC 2.99, 

### Conformity To The State ImplementationPlan Of Transportation PI&, Programs, And Projects, filed 10123198 was renumbered, reformatted and replaced

### by 20.2.99 

### NMAC, ConformityTo The State Implementation Plan OfTransportationPlans, Programs, And Projects, effective 10131/02. 20.2.99 

### NMAC, ConformityTo The StateImplementation Plan ofTransportationPlans, Programs, And Projects filed 10131/02was 

### revised; renumbered; and replaced by 20.2.99 

### NMAC, Conformity To The StateImplementation Plan ofTransportation Plans, Programs, And Projects, effective 10115105.



### ProposedRevisions to 20.2.99 NMAC

## Thursday, January 

## 24, 2008



# Part 

# IV



# Environmental Protection Agency

40 CFR 

### Parts 

### 51 and 

### 93

Transportation Conformity Rule Amendments To Implement Provisions Contained 

### in the 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

### Legacy for Users (SAFETEA-LU); Final Rule

### 4420 Federal Register/ Vol. 

### 73, 

### No. 16

### / Thursday, 

### January 24, 2008/Rules 

### and Regulations

ENVIRONMENTAL PROTECTION that are not related to SAFETEA-LU, Traverwood Road, Ann Arbor,M AGENCY such as allowing the Department of 48105, e-mail address: Transportation (DOT)to make berry.laura8epa.gov. telephone number: 40 CFR Parts 51 and 93 categorical hot-spot findings for (734) 2144858, fax number: (734) 214- [EPA-HQ-OAR-2D06-0612; FRL-851=] appropriate projects in carbon 4052, or Rudy Kapichak, State Measures monoxide nonattainment and andConformity Group, Transportation RIN2060-AN82 maintenance areas. and Regional Programs Division, Transportation Conformity Rule EPA has consulted with DOT, and Environmental Protection Agency, 2000 AmendmentsTo Implement Provisions they 'Oncur with this Traverwood Road, Ann Arbor,MI Contained in the 2005 Safe, DATES: Effective Date: This finalrule is 48lo5~ e-mail address: Accountable, Flexible, Efficient effective on February 25. 2008. kapichak.rudolph@epa.gov, telephone Transportation EquityAct: A Legacy ADDRESSES: EPA has established a number: (734)214-4574, fax number: for Users (SAFETEA-LU) docket for this action under Docket ID (734) 214--4052.

AGENCY: Environmental Protection No. EPA-HQaAR-20064612. All SUPPLEMENTARY INFORMATION: The Agency (EPA). documents in the docket are listed on contents of thispreamble are listed in the www.regulations.gov Web site. the following outline: ACTION: Final rule. Although listed in the index, some I. General Information SUMMARY: In this action, EPA is information is not publicly available, 

### n. ~~~k~~~~d amending the trmsportation conformity e.g., confidential business information UI. Frequency of Conformity Determinations rule to finalize provisions that were (CBI) or other information whose N.Deadline for Conformity Determinations proposed on May 2, 2007. The Clean Air disclosure is restricted by statute. When a New Budget Is Established Act requires federally supported Certain other material, such as V. Lapse Grace Period transPofiation plans, transportation copyrighted material, is not placed on 'I. Timehames Determinations improvement programs, and projects to the Internet and will be publicly W. Conformity SIPS be consistent with ("codorm toH) the available only in hard copy form. Vm.Transportation Contml Measure purpose of the state air quality Publicly available docket materials are Substitutions and Additions implementation plan. Most ofthese available either 

### electronic all^ though IX.Categorical HoPLSpotFindings for Projects amendments are necessary to make the ~Je~1ationor in hard COPY at in CarbonMonoxide Nonattainment and rule consistent with Clean Air Act the Air Docket, EPAIDC, EPA West MaintenanceAreas section 176(c)as amended by Building, Room 3334, 1301Constitution X.Removal ofRegulation 40 SAFETEA-LU on ~~~~~t 10,2005 (pub, Ave., 

### NW., Washington, DC. The Public 93.109[e)[2)(~) L. 1,-,9-59), including changes to the Reading Room is open from 8:30 a.m. to 'I. XII. Statutory and Execunve Order Reviews regulations to reflect that the Clean Air 4:3O P.m., thugh Friday*
~~t now provides more time for state excluding legal holidays. The telephone I. General Information and local governments to meet number for the Public Reading Room is A. Does ThisAction Apply to Me? conformity requirements, provides a (202) 566-1744. and the telephone one-year grace period before the number for the Air Docket is (202) 566- t ti ti^^ regulated by the consequences of not meeting certain IT*z. conformity rule are those that adopt, conformity requirements apply, allows FOR FURTHER INFORMATION CONTACT: approve, or fund transportation plans, the option of shortening the timeframe Laura Berry, State Measures and programs, or projects under title 23 of conformity determinations, and Conformity Group, Transportation and U.S.C. or title 49 U.S.C. Regulated streamlines other provisions. This final Regional Programs Division, categories and entities affected by rule also includes minor amendments Environmental Protection Agency, 2000 today's action include: Category 

## I Examples of regulated entities

This table is not intended to be exhaustive,but rather provides a guide for readers regarding entities likely to be affected by this final rule. This table lists the types of entities of which EPA 'is aware that potentially could be regulated by the transportation conformity rule. Other types of entities not listed inthe table could also be regulated. To determine whether your organization is regulated by this action, you should carefully examine the applicabilityrequirement. in 40 CFR 93.102.If you have questions regarding the applicability of this action to a Local government



### .................................



### ................................. State government Federal government



### .............................

particular entity, consultthe persons listed inthe preceding FOR FURTHER INFORMATION CONTACT section. Local transportation and air quality agencies,including metropolitan planning organizations (MPOs). State transportation and air quality agencies. Department of Transportation (Federal Highway Administration (FHWA) and Federal TransitAdministration (FTA)).

B. How Can I Get Copies of This Document? 1.Docket

EPA has established an official public docket for this action under Docket ID No. EPA-HQaAR-20064612. You can get a paper copy of this Federal Register document, as well as the documents specificaIly referenced in this action, any public comments received, and other information related to this action at the officialpublic docket. See ADDRESSES section for its location. 2. Electronic Access

You may accessthis Federal Register document electronically through EPA's Transportation ConformityWeb site at

You may also access th;s document electronicallyunder the Federal Register listings at hffp://www.epa.gov/ fedrgstr/.

An electronic version of the official public docket is available through www.regulations.gov.You may use

# The rest of this Federal Register is not included in this document because it is available in several web sites including the EPA Federal Register Environmental Documents web site at http://www.epa.gov/fedrgstr/ and the Regulations.gov web site at http://www.regulations.gov in the docket for the Federal Register.

### PUBLIC LAW 109-59-AUG. 10,2005



# SAFE, ACCOUNTABLE,.FLEXIBLE, EFFICIENT

TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

### 119 STAT. 1144 PUBLIC 

### LAW 109-59-AUG. 10,2005



### Public 

### Law 109-59 109th 

## Congress An Act
Aug. 10,2005 CKR 31

Safe, ~ccountabie, Flexible. Efiieient ~ran~htion EquityAct: A Legacy for Users.Intergovernmental relations. 23 USC 101note. To authorize funds for Federal-aid highways, highway safety programs, and tramit programs, and for other purposes. 

### Be it enacted by the Senate and House of Representatives of the United States ofAmerica in Congressassembled,

SECTION 1. SHORT TTIZE;

### TABLE OF CONTENTS. 

### (a) SHORT TITLE.-T~~s Act mav be cited 

### as the "Safe. Accountr 

### able, Flexible, Efficient ~rans~ortation Equity Act: A ~e~ac~ for Users" or "SAFETEA-LU". (b) 

### TABLE OF 

### CONTENTS.-The 

### table of contents for this Act is 

### as'f6llows:
Sec. 1. Short title; table of contents. Sec. 2. General definitions.


### TITLE I-FEDERAL-AID HIGHWAYS
Subtitle A-Authorization of Programs Sec. 1101. Authorization of appropriahons. Sec. 1102. Obligation ceiling. Sec. 1103. Apportionments. Sec. 1104. Equity bonus program. Sec. 1105. Revenue aligned budget authority. Sec. 1106. Future Interstate System mutes. Sec. 1107. Metropolitan planning. Sec. 1108. Transfer of highway and transit funds. Sec. 1109. Recreational trails. Sec. 1110. Temporary kafiic control devices. Sec. 1111. Set-asides for Interstate discretionary projects. Sec. 1112. Emergency relief. Sec. 1113. Surface transportation program. Sec. 1114. Highway bridge program. Sec. 1115. Highwa use tax evasion pmjeds. Sec. 1116. ~~~alacKian development highway system. Sec. 1117. Transportation, community, and system preservation program. Sec. 1118. Territorial highway program. Sec. 1119. Federal lands highways. Sec. 1120. Puertm Rim highway program. Sec. 1121. HOV facilities. Sec. 1122. Definitions.
Subtitle B--Congestion Relief Sec. 1201. Real-time system management information program. Subtitle C-Mobility and Efficiency Sec. 1301. Projects of national and regional significance. Sec. 1302. National corridor inftastructure improvement program See. 1303. Coordinated border infrastructure proyam. Sec. 1304. High priority corridors on the Nationa Eghway System. Sec. 1305. Truck parking facilities. Sec. 1306. Freight intermodal dishibution pilot grant program. Sec. 1307. Deployment of magnetic levitation transportation projects.

### PUBLIC 

### LAW 109-59-AUG. 10,2005 119 STAT. 1145

Sec. 1308. Delta region transportation development program. Sec. 1309. Extension of public transit vehicle exemption from axle weight restrictions. See. 1310. Interstate oasis program. Subtitle D-Highway Safety Sec. 1401. Highway safety improvementprogram. See. 1402. Worker injury prevention and free flow of vehicular traffic. Sec. 1403. Toll facilities workplace safety study. Sec. 1404. Safe mutes to school program. Sec. 1405. Roadway safety improvements for older drivers and pedestrians. Sec. 1406. Safety incentive grants for use of seat belts. Sec. 1407. Safe'ty incentives to prevent operation of motor vehicles by intoxicated
Sec. 1408. fiF,"o?~ent or replacement of highway features on National Highway System. See. 1409. W-ork zone safety grants. Sec. 1410. National Work Zone Safety Information Clearinghouse. See. 1411. Roadwav safetv. Sec. 1412. Idling &duction facilities in Interstate rightsdf-way. SubQtle E--Construction and Contract Efficiency Sec. 1501. Pro amefficiencies. Sec. 1502. Higrwa s for LIFE pilot program. Sec. 1503. Design guild. Subtitle F-Finance Sec. 1601. Transportation Infrastructure Finance and Innovation Act amendments. Sec. 1602. State infrastructure banks. Sec. 1603. Use of excess funds and funds for inactive projects. Sec. 1604. Tolling.
Subtitle G-High Priority Projects Sec. 1701. High Priority Projects program. Sec. 1702. Project authorizations. Sec. 1703. Technical amendments to transportation projects.
Subtitle H-Environment Sec. 1801. Construction of ferry boats and ferry terminal facilities. Sec. 1802. National Scenic Byways Program. Sec. 1803. America's Byways Resource Center. Sec. 1804. National historic covered bridge preservation. Sec. 1805. Use of debris from demolished bridges and overpasses. Sec. 1806. Additional authorization of contract authority for States with Indian res- ervations. Sec. 1807. Nonmotorized transportation pilot program. Sec. 1808. Addition to CMAQ-eligible projects.
SubtitleI-Miscellaneous Sec. 1901. Inclusion of requirements for signs identifying funding sources in title 23. Sec. 1902. Donations and credits. Sec. 1903. Inclusion of Buy America requirements in title 23. Sec. 1904. Stewardship and oversight. Sec. 1905. Transportation develo ment credits. Sec. 1906. Grant program to progbit racial profiling. Sec. 1907. Pavement marking systems demonstration projects. Sec. 1908. Inclusion of certain route segments on Interstate System and NHS. Sec. 1909. Future of surface bsportation system. Sec. 1910. Motorist information concerning full service restaurants. Sec. 1911. Approval and funding for certain construction projects. Sec. 1912. Lead agency designation. Sec. 1913. Bridge construction, North Dakota. Sec. 1914. Motorcyclist Advisory Council. Sec. 1915. Loan forgiveness. Sec. 1916. Treatment of off-ramp. Sec. 1917. Opening of Interstate ramps. Sec. 1918. Credit to State of Louisiana for State matching funds. Sec. 1919. Road user fees. Sec. 1920. Transportation and local workforce investment.

### 119

### STAT. 1146 

### PUBLIC 

### LAW 109-59-AUG. 10,2005

Sec. 1921. Update of obsolete text. Sec. 1922. Technical amendmentsto nondiscrimination section. Sec. 1923. Transportation assets and needs of Delta region. Sec. 1924. Alaska Way Viaduct study. Sec. 1925. Cornmunitv enhancement studv. Sec. 1926. Budgetju~hication. Sec. 1927. 14thAmendment Highway and 3rd Infantry Division Highway. Sec. 1928. Sense of Congress regarding Buy America. See. 1929. Designation of Daniel Patrick Moynihan Interstate Highway. See. 1930. Designation of Thomas P. 'Ti O'Neill, Jr. Tunnel. Sec. 1931. Richard Nixon Parkway, california. Sec. 1932. Amo Houghton Bypass. Sec. 1933. Billy Tauzin Energy Corridor. Sec. 1934. Transportation improvements. Sec. 1935. Proiect flexibilitv. Sec, 1936. AdGances. 

# - Sec. 1937. Roads in closed basins. See. 1938. Technology. Sec. 1939. BIA Indian Road Program. Sec. 1940. Going-to-the-Sun Road, Glacier National Park,Montana. Sec. 1941. Beartooth Hi way, Montana. See. 1943. Great Lakes, %S implementation. Sec. 1944. Transportahon construction and remediation, Ottawa County, Oklahoma. Sec. 1945. Infrastructure awareness program. See. 1946. Gateway rural improvement pilot program. Sec. 1947. Eligible safety improvements. Sec. 1948. Emergencg service route. Sec. 1949. Knik Arm Bridge funding clarification. See. 1950. Lincoln Parish, LAIT-20 Transportahon Comdor Program. Sec. 1951. Bonding assistance program. Sec. 1952. Con estion relief. Sec. 1953. Audorization of appropriations. Sec. 1954. Bicycle transportation and edestrian walkways. Sec. 1955. Conveyance to the City of &y, Nevada. See. 1956. Brodeldsgrants. Sec. 1957. Traffic circle construction, Clarendon, Vermont. Sec. 1958. Limitation on roject approval. Sec. 1959. Cross harbor Aightmovement project. Sec. 1960. Den& access systemprogram Sec. 1961. I-95fContee Road interchange study. Sec. 1962. Multimodal facility improvements. Sec. 1963. Apollo Theater leases. Sec. 1964. Project Federal share.
Trn 11-HIGHWAY SAFETY Sec. 2001. Authorization of appropriations. Sec. 2002. Highway safety programs. Sec. 2003. Highway safety research and outreach programs. Sec. 2004. Occupant protection incentive grants. Sec. 2005. Grants for primary safety belt use laws. Sec. 2006. Statetraffic safety information system improvements. Sec. 2007. Alcohol-impaired driving countermeasures. Sec. 2008. NHTSA accountability. Sec. 2009. High visibility enforcement program. Sec. 2010. Motorcyclist safety. Sec. 2011. Child safety and child booster seat incentive grants. Sec. 2012. Safety data. Sec. 2013. Drug-impaired drivin enforcement. Sec. 2014. First responder vehick safety program. Sec. 2015. Driver erformance study. Sec. 2016. Rural &te emergency medical services pqtimization pilot program. Sec. 2017. Older driver safetx law enforcement t-na. Sec. 2018. Safe intersections: ' 

### - Set. 2019. National Highway Safety Advisorg Committee technical correction. Sec. 2020. Presidential Commission on Alcohol-Impaired Driving. Sec. 2021. Sense of the Congress in support of increased public awareness of blood alcohol concentration levels and dangers of alcohol-impaired driving. Sec. 2022. Effective date.
TITLE 111-PUBLIC TRANSPORTATION Sec. 3001. Short title.

### PUBLIC 

### LAW 109-59-AUG. 10,2005 119 STAT. 1147

Sec. 3002. Amendments to title 49, United States Code; updated terminology. Sec. 3003. Policies, findings, and purposes. Sec. 3004. Definitions. 

### s&.3005. Metropolitan transportation planning. Sec. 3006. Statewide transportation planning. Sec. 3007. Planning programs. Sec. 3008. Private enterprise partidpation. Sec. 3009. Urbanized area formula grants. Sec. 3010. Clean fuels grant program. Sec. 3011. Capital investment grants. Sec. 3012. Formula ants for special needs of elderly individuals and individuals with disarilities. Sec. 3013. Formula grants for other than urbanized areas. Sec. 3014. Research, development, demonstration, and deployment projects. Sec. 3015. Transit cooperativeresearch rogram. Sec. 3016. National research and technoyogy programs. Sec. 3017. National Transit Institute. Sec. 3018. Job access and reverse commute formula grants. Sec. 3019. New Freedom Program. Sec. 3020. Bus testing facility. Sec. 3021. Alternative transportation in parks and public lands. Sec. 3022. Human resources programs. Sec. 3023. General provisions on assistance. Sec. 3024. Special provisions for capital projects. Sec. 3025. Contract requirementa. Sec. 3026. Project management oversight and review. Sec. 3027. Project review. Sec. 3028. Investigations of safety hazards and security risks. Sec. 3029. State safety oversight. Sec. 3030. Controlled substances and alcohol misuse testing. Sec. 3031. Employee protective arrangements. Sec. 3032. Administrative procedures. Sec. 3033. National transit database. Sec. 3034. Apportionmentsof formula grants. Sec. 3035. Apportionments based on fixed guideway factors. Sec. 3036. Authorizations. Sec. 3037. Alternatives analysis program. Sec. 3038. Apportionments based on growing States formula factors. Sec. 3039. Over-the-road bus accessibility program. Sec. 3040. Obligation ceiling. Sec. 3041. Adjustments for fiscal year 2005. Sec. 3042. Terrorist attacks and other acts of violence against public transportation systems. Sec. 3043. Project authorizations for new 6xed guideway capital projects. Sec. 3044. Projects for bus and bus-related facilities and clean fuels grant program. Sec. 3045. National fuel cell bus technology development program. Sec. 3046. Allocations for national research and technology programs. Sec. 3047. Forgiveness of grant agreement. Sec. 3048. Cooperative procurement. Sec. 3049. Transportation 6hgebenefits. Sec. 3050. Commuter rail. Sec. 3051. Paratransit service in Illinois.
TITLE TV-MOTOR CARRIER SAF%TY Sec. 4001. Short title. Subtitle A--Commercial Motor Vehicle Safety Sec. 4101. Authorization of appropriations. Sec. 4102. Increased penalties for out-of-service violations and false records. Sec. 4103. Penalty for denial of access to records. Sec. 4104. &vocation of operating authority. Sec. 4105. State laws relating to vehicle towing. Sec. 4106. Motor camer safety grants. Sec. 4107. High prioritp activities and new entrants audits. Sec. 4108. Data quality im rovement. Sec. 4109. Performancean: registration information system management. Sec. 4110. Border enforcement grants. Sec. 4111. Motor camer research and technology program. Sec. 4112. Nebraska custom harvesters length exemption. Sec. 4113. Pattern of safety violations by motor camer management. Sec. 4114. Intrastate operations of interstate motor carriers.

### 119 

### STAT. 1148 PUBLIC 

### LAW 109-59-AUG. 10,2005

Sec. 4115. Transfer provision. Sec. 4116. Medical program. 6ec. 4117. Safety perrurmance history screening. Sec. 4118. Roadability. Sec. 4119. International cooperation. Sec. 4120. Financial responsibilityfor rivate motor carriers. Sec. 4121. Deposit of certain civil pen3ties into Highway Trvst Pund. Sec. 4122. CDL learner's permit program. Sec. 4123. Commercial driveis License information system modernization. Sec. 4124. Commercial driveis license improvements. Sec. 4125. Hobbs Ad. Sec. 4126. Commercial vehicle information systems and networks deployment. Sec. 4127. Outreach and education. Sec. 4128. Safety data improvement program. See. 4129. Operation of commercial motor vehicles by individuals who use insulin to treat diabetes mellitus. Sec. 4130. Operators of vehicles transporting agricultural commodities and farm supplies. Sec. 4131. Maximum hours of service for operators of ground water well drilling rigs. Sec. 4132. Hours of service for operators of utility service vehicles. Sec. 4133. Hours of service rules for operators providing transportation to movie reduction sites. Sec. 4134. grant program for commercial motor vehicle operators. Sec. 4135. CDL taskforce. Sec. 4136. Interstate van operations. Sec. 4137. Decals. Sec. 4138. High risk carrier compliance reviews. Sec. 4139. Forei commercial motor vehicles. Sec. 4140. ~chorbus driver qualifications and endorsementknowledge test. Sec. 4141. Driveaway saddlemountvehicles. Sec. 4142. Registration of motor carriers and freight forwarders. Sec. 4143. Authority to stop commercial motor vehicles. Sec. 4144. Motor Camer SafetyAdvisory Committee. Sec. 4145. Technical corrections. Sec. 4146. Exemption during harvest periods. Sec. 4147. Emergency conditionrequiring immediate response. Sec. 4148. Substance abuse rofessionals. Sec. 4149. C%ce of intermogalism. Subtitle B-Household Goods Transportation Sec. 4201. Short title. Sec. 4202. Definitions; application of provisions. Sec. 4203. Payment of ratks. Sec. 4204. Additional registration requirements for motor carriers of household goods. Sec. 4205. Household goods camer operations. Sec. 4206. Enforcement of regdations related to transportation of household goods. Sec. 4207. Liability of carriers under receipts and bills of lading. Sec. 4208. Arbitration requirements. Sec. 4209. Civil ~enalties relating to household eoods brokers and unauthorized transportation. 

# - -
Set. 4210. Penalties for holding household oods hostage. Sec. 4211. Consumer handbook on DOT wef site. See. 4212. Release of household goods broker information. Sec. 4213. Working !noun for development of practices and procedures to enhance ~ederd&ate'relations. Sec. 4214. Consumer corn laint information. Sec. 4215. Review of Liabiity of carriers. Sec. 4216. Application of State consumer protection laws to certain household goods
caners. Subtitle &Unified Carrier Registration Act of 2005 Sec. Sec.
sec. See. Sec. Sec. See. Sec. Short title. Relationshi to other laws. Inclusion ofmotor private and exempt carriers. Uniiied Carrier Registration System. Registration of motor carriers by States. Identijication of vehicles. Use of UCR Aereement revenues as matchine funds. Regulations. 

### -

### PUBLIC 

## LAW 109-59-AUG. 10, 2005 119 

## STAT.1149

Subtitle D-Miscellaneous Provisions Sec. 4401. Technical adjustment. Sec. 4402. Transfer. Sec. 4403. Extension of assistance. Sec. 4404. Designations. Sec. 4405. Limited exception. Sec. 4406. Ai ort land amendment. Sec. 4407. Ri&a-of-way. Sec. 4408. Rialto Mumcipal Airport. Sec. 4409. Conforming amendments. Sec. 4410. Ralph M. BartholomewVeterans' Memorial Bridge. Sec. 4411. Don Young's Way. Sec. 4412. Quality bank a ustments Sec. 4413. Technical amenddment.



### . Sec. 4414. Airport certification.
TITLE V--RESEARCH

Subtitle A-Funding Sec. 5101. Authorization of appropriations. Sec. 5102. Obligation ceiling. Sec. 5103. Findings. Subtitle %Research, Technology, and Education Sec. 5201. Research, technology, and education. Sec. 5202. Long-term bridge performance program; innovative bridge research and deployment program. Sec. 5203. Technology deployment. Sec. 5204. Training and education. Sec 5205. State plannin andresearch. Sec. 5206. International kghway transportation outreach program. Sec. 5207. Surface transportation environment and planning cooperative research program. See. 5208. Transportation research and development strategic planning. Sec. 5209. National cooperative freight transportation research program. Sec. 5210. Future strategic highway research program. Sec. 5211. Multistate conidor operations and management. Subtitle C-Intelligent Transportation System Research Sec. 5301. National ITS program plan. Sec. 5302. Use of finds. Sec. 5303. Goals and purposes. Sec. 5304. Infrastructure development. Sec. 5305. General authorities and requirements. Sec. 5306. Research and development. Sec. 5307. National architecture and standards. Sec. 5308. Road weather research and development program. Sec. 5309. Centers for surface transportation excellence. Sec. 5310. Definitions.
Subtitle D--University Transportation Research; Scholarship Opportunities Sec. 5401. National university transportation centers. Sec. 5402. University transportation research. Subtitle E--Other Programs Sec. 5501. Transportation safety information management system project. See. 5502. Surface transportation congestion relief solutions research initiative. Sec. 5503. Motor carrier efficiency study. Sec. 5504. Center for Transportation Advancement and Regional Development. Sec. 5505. Transportahon scholarship opportunities program. Sec. 5506. Commercial remote sensing products and spatial information technolo 'es Sec. 5507. ~ur$in&tate comdor comunications study. Sec. 5508. Rans ortation technology innovation and demonstration program. Sec. 5509. FtepeJ. Sec. 5510. Notice. Sec. 5511. Motorcycle crash causation study Sec. 5512. Advanced travel forecasting proceE&rogram. Sec. 5513. Research grants. Sec. 5514. Competition for specification of alternative types of culvert pipes.

### 119 

### STAT. 1150 

### PUBLIC 

## LAW 109-5SAUG. 10,2005

Subtitle F-Bureau of Transportation Statistics Sec. 5601. Bureau of Transportation Statistics.
TITLE VI-TRANSPORTATION PLANNING

### AND PROJECT DELIVERY Sec. 6001. Transportation planning. Sec. 6002. Efficient environmental reviews for project decisionmaking. Sec. 6003. State assumption of res~onsibiLities for certain programs and projects. Sec. 6004. State assumption of responsibili for categorical exclusions. Sec. 6005. Surface transportation project dgvery pilot program. Sec. 6006. Environmental restoration and pollution abatement; control of noxious weeds and a uatic noxious weeds and establishment of native species. See. 6007. Exemption ofb.erstate System. Sec. 6008. Integration of natural resource concerns into transportation project plan-

-- - Sec. 6009.

# gL, recreation areas, wildlife and waterfowl refuges, and historic sites. Sec. 6010. Environmental review of activities that support deployment of intelligent transportation systems. See. 6011. Transportation conformity. Sec. 6012. Federal Reference Method. Sec. 6013. Air quality monitoring data influenced by exceptional events. Sec. 6014. Federal omcurement of recvcled coolant. Sec. 6015. clean school bus program. * Sec. 6016. Special designation. Sec. 6017. Increased use of recovered mineral component in federally funded projects involving procurement of cement or concrete. Sec. 6018. Use of granular mine tailings.
TITLE VII-HAZARDOUS MATERIALS TRANSPORTATION Sec. 7001. Short title. Sec. 7002. Amendment of title 49,United States Code. Subtitle A-General Authorities on Transportation of Hazardous Materials Sec. 7101. Findings and purpose. Sec. 7102. Definibons. Sec. 7103. General regulatory authority. Sec. 7104. Limitation on issuance of hazmat licenses. Sec. 7105. Background checks for drivers hauling hazardous materials. Sec. 7106. Representation and tampering. Sec. 7107. Technical amendments. See. 7108. Training of certain employees. Sec. 7109. Registration. Sec. 7110. Shpin papers and disclosure. Sec. 7111. ~aiftaz% cars. Sec. 7112. Unsatisfactory safety ratings. Sec. 7113. Training curriculumfor the public sector. See. 7114. Planning and training grants; Hazardous Materials Emergency Prearedness Fund. Sec. 7115. 

# 8 ecial permits and exclusions. niform forms and procedures. Sec. 7116. I? Sec. 7117. International uniformity of standards and requirements. Sec. 7118. Administrative authority. Sec. 7119. Enforcement. See. 7120. Civil penalty. Sec. 7121. Criminal penalty. Sec. 7122. Preemption. Sec. 7123. Judicial review. See. 7124. Relationship to other laws. Sec. 7125. Authorization of appropriations. Sec. 7126. References to the Secretmy of Transportation. Sec. 7127. Criminal matters. Sec. 7128.Additional civil and criminal ~enalties. 7129. Hazardous material transporktion lan requirement. Sec. 7130. Determining amount of undeclarei shipments of hazardous materials entering the United States. Sec. 7131. Hazardous materials research projects. Sec. 7132. National first responder transportation incident response system. Sec. 7133. Common canier pipeline system. Subtitle B--Sanitary Food Transportation Sec. 7201. Shorttitle.

## PUBLIC 

## LAW 109-59-AUG. 10,2005 119 STAT. 1151

Sec. 7202. Responsibilities of Secretary of Hea!th and Human Services. Sec. 7203. De artment of Transportation reqwrements. Sec. 7204. ~fPeetive date. Subtitle C-Research and Innovative Technology Administration Sec. 7301. Administrative authority.

TITLE:VIII-TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE Sec. 8001. Discretionary spending limits for the highway and mass transit cab
e ories. Sec. 8002. djustments to ali highway spending with revenues. Sec. 8003. Level of obligationTm1tations. Sec. 8004. Enforcement of guarantee. Sec. 8005. Transfer of Federal transit administrative expenses. TITLE M-RAIL TRANSPORTATION Sec. 9001. High s eed rail comdor development. Sec. 9002. Ca idgrants for rail line relocation projects. Sec. 9003. Regabilitation and improvement financing. Sec, 9004. Report re~arding imvact on ~ublic safety of train travel in wmmunities wiihout grade sSpar&tion. 

### - Sec. 9005. Welded rail and tank car safety improvements. Sec. 9006. Alaska Railroad. Sec. 9007. Study of rail transportation and regulation. Sec. 9008. Hawaii port infrastructure expansion program.
TITLE X-MISCELLANEOUS PROVISIONS
Subtitle A-4porttishing and Recreational Boating Safety Sec. 10101. Short title.
CHAPTER 1-DINGELLJOHNSON SPORT FISH RESTORATION ACTAMENDMENTS Sec. 10111. Amendment of DingellJohnson Sport Fish Restoration Act. Sec. 10112. Authorization of appropriations. Sec. 10113. Division of annual appropriations. Sec. 10114. Maintenance of projects. Sec. 10115. Boating infrastructure. Sec. 10116. Requirements and restrictions concerning use of amounts for expenses for Adminihation Sec. 10117. Payments of funds to and cooperation with Puerto Rico, the District of Columbia, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands. Sec. 10118. Multistate conservation grant program. Sec. 10119. Expenditure of remaining balance in Boat Safety Account. CHAFTER LEAN VESSEL ACTOF 1992 AMENDMENTS Sec. 10131. Grant program. CHAPTER 3-~XC&Y~IONAL BOATING SAFETY PROGRAM AMENDMENTS Sec. 10141. Technical correction. Sec. 10142. Availability of allocations. Sec. 10143. Authorization of appropriations for State recreational boating safety programs. Subtitle B-Other Miscellaneous Provisions Sec. 10201. Notice regardin participation of small business concerns. Sec. 10202. Emergency med?cal services. Sec. 10203. Hubzone ro am See. 10204. Catastm %ic%urricane evacuation plans.
~ec. 10205. ~ntermofal transportation facility expansion. Sec. 10206. Eligibility to participate in western Alaslra community development uota pro am. Sec. 10207. %a11 rehglitation and bridge repair. Sec. 10208. Rented or leased motor vhcles.

-

~ ~~~ 

### Sc. 10209. Midway-Island. Sec. 10210. Demonstration of digital project simulation. Sec. 10211. Environmental programs. Sec. 10212. Rescission of unobllgated balances. Sec. 10213. Tribal land. SubtitleCSpecificVehicle Safety-related Rulings Sec. 10301. Vehicle rollover prevention and crash mitigation.

### 119 

### STAT.1152 

## PUBLIC 

## LAW 109-59-AUG. 10,2005

Sec. See. Sec. Sec. Sec. See. Sec. Sec. Sec.

Sec. 10302. Side-imvad crash ~rotection rulemakina. 10303. Tire research. - 10304. Vehicle backover avoidance technology study. 10305. Nontracincident data collection. 10306. Study of safety belt use technologies. 10307. Amendment ofAutomobile Information Disclosure Act. 10308. Power window switches. 10309. 15-Passenger van safety. 10310. Authorization of appropriations.
TITLE =-HIGHWAY REAUTHORIZATIONAND EXCISE 

### TAX SIMPLIFICATION 11100. Amendment of 1986 Code.
SubtitleA-Trust Fund Reauthorization Sec. 11101. Extension of highway-related taxes and trust funds. Sec. 11102. Modification of adjustments of apportionments.
Subtitle B-Excise Tax Reform and Simplification
PART 1-HIGHWAY EXCISE TAXES Sec. 11111. Modification of gas guzzler tax. Sec. 11112. Exclusion for tractors weighing 19,500 pounds or less from Federal ex- cise tax on heavy trucks and trailers. Sec. 11113. Volumetric excise tax cremt for alternative fuels.
PART AQUATIC ExCISE TAXES Sec. 11115. Elimination of Aquatic Resources Trust Fund and transformation of Sport Fish Restoration Accaunt. Sec. 11116. Repeal of harbor maintenance t+ on exports. Sec. 11117. Cap on excise tax on certain fishmg equipment.
PART 3-AERIAL EXClSE TAXES Sec. 11121. Clarification of excise tax exemptions for agricul@ral aerial applicators and exemption for Fixed-Win aircraft engaged in forestry operabons. Sec. 11122. Modification ofrural airport fefinition. Sec. 11123. Exemption from taxes on transportation provided by seaplanes. Sec. 11124. Certain sightseeing flights exempt £rum taxes on air transportation.
PART &'P*~s RELATING TO ALCOHOL Sec. 11125. Repeal of special occupational taxes on producers and marketers of alcoholic beverages. Sec. 11126. Income tax credit for distilled spirits wholesalers and for distilled spir- it. in control State bailment warehouses for costs of carrying Federal ex- cise taxes on bottled distilled spirits. Sec. 11127. Quarterly excise tax mngfor small alcohol excise taxpayers. PART SPORT EXCISE TAXES Sec. 11131. Custom gunsmiths.
Subtitle CMiscellaneous Provisions Sec. 11141. Motor Fuel Tax Enforcement Advisory Commission. Sec. 11142. National Surface Transportation Infrastructure Finanang Commission. Sec. 11143. Tax-exempt financing of highway projects and rail-truck transfer facilities. Sec. 11144. Treasury study of highway fuels used by trucks for non-trar~aportation purposes. Sec. 11145. Diesel fueltax evasion report Sec. 11146. 

### Tax treatment of State ownership of railroad real estate investment trust. See. 11147. Limitation on transfers to the Leaking Underground Storage Tank Trust Fund.
Subtitle %Highway-Related Technical Corrections Sec. 11151. Highway-related technical corrections. Subtitle &Preventing Fuel Fraud Sec. 11161. Treatment of kerosene for use in aviation. Sec. 11162. Repeal of ultimate vendor refund claims with respect to farming.

### SEC. 6011. 

### TRANSPORTATION CONFORMITY.

(a) ConformiiyRedetemu'nations-Section 176(c)(2) of

### the CleanAir Act (42 U.S.C. 7506(c)) is 

### amended by adding at the end the following: 

### '(E) The appropriate metropolitan planning organizationshall redetermine conformity ofex-isting transportationplans undprograms not later than 2 years after the date on which the Adininistrator-- '(i)



### finds u motor vehicle emissions budget to be adequate in accordance wit11section 93.118(e)(4j oftitle 40, Code of Federal Regulations (as in effect on October 1, 2004); '(ii)approves an implementation plan that establishes a motor vehicle emissions budget ifthat budget has notyet been determined to be adequate in nccor-dancewith clause 

## (9;or '(iii) promulgates an implementation plan that establishes or revises a motor vehicle emissions budget.'. (b) 

### Frequency of ConformityDetermination Updates- Section 176(c)(4)(B)(ii) ofthe CleanAir Act (42 U.S.C. 7506(~)(4)(B)(ii)) is amended to read as follows: '(ii)address the appropriate frequency for making conformig~ determinations, but the frequency for nuking conformity determinations on updated transportation plans andprograms shall be every 4

### years, except in a case in which-- '(I)

### the metropolitan planning organization elects to update a transportation plan orpropam more frequently; or '(I0 the metropolitan planning organization is required todetermine conformity in accordancewithparagraph 

### (2)(E);and! (c) Time Horizon for Conformity

### Determinations inNonattainment Areas- Section 176(c) ofthe CleanAirAct (42 U.S.C. 7506(c)) is amended byadding at the end the following: '(7) CONFORMITYHORIZ0AA, 

### FOR TRANSPORTATIONPMS- '(A) IN GENERAL- Each conformity determination required under this section for a transportation plan under section 134fi) oftitle 23, Unlted States Code, or section 5303(i) oftitle 49, United States Code,shall require a demonstration ofconfom~ity for the period ending on either the final year of the transportation plan, or at the election ofthe metropolitan planning organization, after consultation with the 

### air pollution control agency and solicitation ofpublic comments and consideration of such comments, the longest ofthe followii~g periods: '(i) 

### The first 10-year period ofany such transportation plan. '(ii) 

### The latest year in the irnplernentation plan applicable to the area that contains a motor vehicle emission budget. '(iii) The year after the completion date ofa regionally significantproject if

### theproject is 

### included in the transportation improvement program or theproject requires approval before the subsequent conformity determination. 

### '(B)REGIONAL EMISSIONSANLYSIS- The conformity determination shall be accompanied bj? a regional emissions analysis for the last year ofthe transportationplan and for anyyear shown to exceed emission budgets by a prior analysis, ifsuchyear extends beyond the applicable period 

### as determined under subparagraph (A).

'(C)EXCEPTION- In any case in which an area has a revision to an implementation plan under-section 175A(b) and the Administrator has 

### found the motor vehicles emissions Budgets from that revision to be

### adequate in accordance with section 93.118(e)(4) oftitle 

### 40, Code of Federal Regulations (as in effecton October 

### 1, 2004), or has approved the revkion, the demonstration ofconformityat the election ofthe metropolitan planning organization,aferconsultationwith the air pollution control agency and solicitation ofpublic comments and consideration ofsuch comments, shall be required to extend only through the last year of the implementution plan required under section 1

### 75Afi). '(D)EFFECT OF ELECTION- Any election by a metropolitan planning organization under thh paragraph shall continue in efect until the metropolitan planning organization elects otherwise. 

### '(E) AIR POLLUTION CONTROLAGENCYDEFINED- inthis paragraph, the tern1 'air polltltion control agency' means an airpollution control agency (as defined in section 302fi)) that is responsible for developing plans or controlling airpollufionwithin the area covered bv a transportation plan. 

### '. (d)Substitution of Transportation Control Measures- Section I76(c) ofthe Clean AirAct (42 

### U.S.C. 7506(c)) 

### (as amended by subsection (c)) 

### ir amended by inserting ufler paragraph (7) the following: '(8)SLBS27TUTION OF TRANSPORTATION CONTROLMEASURES- 

### '(A)

## INGEiVERAL- Transportationcontl-01measures that are specified inan implementation plan may be replaced or added to the implementationplan with alte~nate or additional transportation control

measures-- 

### '(i) if

### the substitute nzeasures achieve equivalent orgreater emissions reductions than the control measure to be replaced, as 

### den~onstrated with an emissions impact analysis that 

### ik coizsistent with the current methodology used for evaluatingthe replaced control measure in the implementation plan; '(ii) if

### the substittite control measuresare implemented-- '(I) 

### in accordance with a schedule that is cowistent with theschedule provided for control measures in the implementation plan; or '(II) if 

### the implementation plan date for implementation of the control measure to be replaced has passed, 

### as
soon as practicable after the implementation plan date but not later than the date on which emission reductions

are necessav to achieve thepurpme ofthe implementation plan; 

### '(iii) ifthesubstitute and additional control measures are accompanied with evidence ofadequatepersonnel and funding and authority under State or Iocal law to implement, monitor, and enforce the control measures; 

### '(iv) 

## ifthe substitute and additional controlmeasures were developed through a collaborativeprocess that included-- '(I)participation by representatives

### ofall afected jurisdictionr (including local air pollution control agencies, the State airpollution control agency, and State and Iocal transportation agencies); 

### '(IT,)consultation with theAdnzinistrator; and

### '(III)reasonable public notice and opportuniry for comment; and '(v) 

## if the metropolitan planning organization, State air pollution control agency, and theAdministrator concur with the equivalency ofthe substitute oradditional control measures. 

### '(B)ADOPUON- (i) 

### Concurrence by the men-opolitan planning organization, State airpollzition control agency and the Administrator m 

### requiredby subparagraplz (A)(v)shall constitute adoption ofthe substitute or additional control measures so long us the requirements 

### of subparagraphs (A)($, (A)(ii), (A)(iii)and (A)(iv) are met. '(ii) Once adopted, the substitute or additional control measures become, by operation oflaw, part of the state implementation plan and become federally enforceable.

'(iii) Within90 days of its concurre~lce under subparagraph (A)(v). the State air pollution control agency shall submit the substitute or additional control measure to the Administrator for incorporation in the cod$cation ofthe applicable i~nplementation plan. Nothwithstanding any ot/~evprovision ofthis Act, no additional State process shall be
necessan, tosupport such revision to the applicable plan. '(C)NO REQUIREMENT FOR EXFRESS PERMISSION- The substitution or addition of a transportation control measure in accordance with this paragraph and the funding or approval ofsuch a control measure slzall not be contingent on the existence ofanyprovision in the applicable implementation plan that expresslypermits such a substitution or addition. '(D)NO REQUIREMENTFOR NEW CONFORMITY DETEMNADON- The substitution or addition ofa transportation control measure in accordance with this puragraph shall not require-- 

## '(9 a new confomaity determination for the transportation plan;

or '(ii) a revision of the implementation plan. 

### '(E) CONTINUATION OF CONTROLMEASURE BEING REPLACED

### A control measure that 

### is being replaced by a substitute control measure under this paragraph shall remain in effect until the substitute control

measure is adopted by the Statepursuant tosubparagraph (B). 

### '(F)EFFECT OFADOPTION- Adoption of a substitute control measure shall constitute rescission ofthepreviouslj7 applicable control measure.

### '. (e)Lapse of Conformity- Section 176(c) of the Clean AirAct (42 U.S.C. 7506(c))(as a~nended by subsections (c)and (d)) 

### isamended by inserting aferparagraph (8) 

### the following: '(9)LAPSE OF CONFOMTY- Ifa conformity determination required under this subsection for a transportation plan under section 134(i) of title 23, United States Code, or section 5303(i) of title 49, United States Code, or a transportation improvement program under section 1346) of such title 23 or under section 53036;) of such title 49 is not made by the applicable deadline and such failure is not corrected by additional measures toeither reduce motor vehicle ernksionssufficient to demonstrate co~npliance with the requirements of this subsection within I2 rnollths aflersuch deadline or other measuressuscient to correct such failures, the transyortationplan shall lapse. '(10)LAPSE- In th3subsection, the tern 'lapse'means that the conformity determination for a transportationplan or transportation improvement program

### has expired, and thus there is no currently conforming transportationplan or transportation improvement progrum. 

## : @ 

### Conforming Amendments- Section 176(c)(4) 

### ofthe CleanAir Act (42 U.S.C. 7506(c)(4) (as amended bysubsection (b)) is amended-- (I)by redesignatingst~bparagraphs 

### (B), (C), and 

### (D)as szrbpuragraphs (D), (E), and (F), respectively; 

### (2)by striking '(4)(A)No later than one year after.the date ofenactment ofthe CleanAirAct Amendments of1990, the Administrator shaNpromulgate'and inserting the following: '(4) 

### CRITERIA

### AND PROCEDURES FORDETERMINAIG CONFORMITY- '(A)IN GENERAL- The Administrator shall promulgate, and periodically update,

### ': (3) in the second sentence of subparagraph (A)-- (A)bystriking 'Nolater than one year after such date of enactment, the Administrutor, with the concurrence ofthe Secretaly of Transpol-tation. shall promulgate 'andinserting the following: 

### '(B) TR4NSPORTAIIONPLANS, PROGRAMS,AhDPROJECTS- i%e Administrut0~-, with the conctrrrence of ihe Secreta~y of Transportation, shall promulgate, andperiodically update,

### ': and (B) 

### in the third sentence, by striking 2 suit' and inserting the following: '(C) CIVILACTION TO COMPELPROML'LGADON- A civil action: and (4)by striking subparagraph 

### (E) (as redesignated by paragraph 

### (I)) and inserting the following: '(E)INCLUSION OF CXITERLAAND PROCEDURESINSIP- Not later than 2 years afier the date of enactment ofthe SAFETEA-LU the procedures under subparagraph (A) shall include a reqtrirenzent that each State include in the State implementation plan criteria and procedures for consultation required by 

### subparagraph 

### (D)(i),and enforcement and enforceability (pursuant to sections 93.125(c) and 93.122(a)(4)(ii) oftitle 

### 40, Code ofFederal Hegulations) in accordance with theAdministrator's cn'teria andprocedures for consultation, enforcement and enforceability.

### '. 

### (g;) Regulations- hroflater than 2years after the date of enactment ofthisAct, the Adminkfrator ofthe Environmental Protection Agency shall promulgate revised regulations to implement the changes made by 

### this section.

## EXHIBIT 

# I-]

STATE 

## OF NEW MEXICO County 

### of 

### BernaliUo SS

Bill l?ifoya, being duly sworn, declares and says that he is Classified Advertising Manager of The Albuquerque Journal, and that this newspaper is duly qualified to publish legal notices or advertisements within the meaning of Section 3, Chapter 167, Session 

### Laws of 1937, and that payment therefore has been made of assessed as court cost; that the notice, copy of which is hereto attached, was published in said paper in the regular daily edition, for ion being on the -ay of

Statement to come atend of month.

ACCOUNT NUnWER 

# '? 

# 8.09

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### . . . HaroldRunnels Building : :. :. 1190 St bls Dr .'Room N- 215012153 : :,:,?, ?:.: ';,:,: SanbFeNM87502.'..:;.,

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## B.

na NO se reguiere.-nomca- cmn para pmsentar testimados M fewicos.en la audien: cla Lm rniembros del publ~co larnblenpuedenobeceranexish relacia?am su lsSLImorio en 1- lano Sean rep.etido& i&&& dew lslhmm. Los mlenbms.&Ipublko

### & pert era1 que dereen presmtar una declaradon.por escrllo .pan el reg- en VeZ de ckecw leq- monioGibalen la alidiencia pe sknlam la dec@ra$nporebito de la audienaa o kpe, wmn en la-miand .:

. . :

I Las pet$ms con dlscapaadady que necesRen ayuda para ser paw de este proceso de la emdeberan contactar'a Judy Bent@ hawa el 23 de marro da 2009 en NMH) A~enda do Ser. VICIO'S ~ersonb~es P.O. BOS 26110 1190 SL ~dncls Dim. Sam

### 'fa. Mevo kum, 87x12 leklon0505827-9872.h un~r:CONSEJO PARA LA 

### MEJORA 

### DEL MEDIO 

### AMl3IENTEDENUEVO &XICO NOTIFICACION 

### DE REUNION P~LICA 

### Y AUDIENCIA DE 

### REGLAMENTACI~N
El Consejo para la Mejora del Medio Ambiente deNuevo Mtxico (el "Consejo")llevar5a cab0una audiencia pliblica el 6 de abril de2009, alas 10:OO 

### am., en la Sala 317, en la Capital del Estado en Santa Fe, Nuevo Mtxico. El objetivo es considerarel asunto de EIB 08-15 (R), las revisiones propuestas alas Regulaciones sobre el Control de la Calidad del Aire 20.2.99 (Cumplimientocon el Plan Estatal de Implementaci6nde Planes de Transporte,Programas y Proyectos) del C6digo

### Administrative deNuevo Mtxico (NMAC).

El defensor de esta adopci6nnormativay revisi6n es el Departamento del Medio Ambiente de Nuevo Mbico (el "NMED").
El objetivo de la audiencia pliblica es considerar y tomarposibles acciones en una petici6n del 

### NMED respecto a las revisiones propuestas a 20.2.99 Nh4AC, las cuales incluin'an las disposicionesnecesariaspara que 20.2.99 NMAC sea consistentecon la Secci6n 176(c)de la 

### CleanAirAct (Ley de Aire Lirnpio),y sus reformas, por laSafe AccountableFlexibleEJicient Transportation Equity Act (L.ey de Equidad del Transporte Seguro, Responsable, Flexible y Eficiente), o SAFETEA-LU, del 10 de agosto de 2005 (Pub. L. 109-59). Las revisiones propuestastambitn incluyen reformasmenores que requieren las regulaciones federalesque no esthrelacionadas con la SAFETEA-LU.

Las regulaciones revisadas propuestas se pueden revisar en horas hibiles normales, en la oficina de la Agencia de Calidad del Aire deNMED, 1301 SilerRoad, Building B, Santa Fe, Nuevo Mtxico. El texto completo de las regulaciones revisadaspropuestas deNMED estk a disposici6nen el sitio Web deNMED,

enwww.nmenv.state.nm.us, o bien contactando a Gail Cooke, al(505) 476-4319, o gail.cooke@state.nm.us.

La audiencia se realizari de conformidadcon 20.1.I WC (ProcedimientosdeRegIamentaci6n

### - Consejo para la Mejora del Medio Ambiente), la Ley de Mejora del Medio Ambiente, Seccibn 74-1-9 NMSA 1978, la Ley de Control de Calidad del Aire, Seccibn, 74-2-6 

### NMSA 1978,y otrosprocedimientosaplicables.
Todas las personas interesadastendrh oportunidadrazonable en la audienciadepresentarpruebas, datos, opiniones y argumentos importantes,ya sea en forma verbal o por escrito, asi como de presentar anexos e interrogartestigos. 

### Las personas que deseen entregar testimoniosticnicos debenpresentar ante el Consejo

una notificacionpor escrito de su intenci6n. La notificaci6nde intenci6n debera
(1) identificar a lapersona para quien testificani(n)el(1os) testigo(s); (2) identificar a cada uno de 10stestigos tkcnicos que las personas desean presentar y deciarar las cualificacionesde 10s mismos, incluyendouna descripcibnde sus antecedentesde educaci6n y trabajo; (3) resumir o incluir una copia del testimoniodirect0 de cada testigo tknico y declararla duracibnprevista del testimonio de ese testigo; (4) enumerary describir, o adjuntar, cada uno de 10s anexos que dicha personaprevt ofrecer en la audiencia; y (5) adjuntar el texto de cualquiermodificaci6nrecomendada a las regulaciones propuestasnuevas y revisadas.

Las notificaciones de intenci6npara la audiencia deben ser recibidas en la Oficina del Consejo a mhtardar a las 5:00p.m., el 23 demano de 2009, y hacer referencia al nherode expediente,EIB 08-15 

### (R), y la fecha de la audiencia Las notificaciones de intencibnpara presentartestimoniost6cnicos sedeben entregar

a: Joyce 

### Medina, Administrador del Consejo OficinadeI Consejo para la Mejora del Medio Ambiente Harold Runnels Building 1190 St. Francis Dr., Room N-2150 12153 Santa Fe, 

### NM 87502 Teltfono: (505) 827-2425, Fax (505) 827-2836Cualquier miembro del phblico en general puedetestificar en la audiencia. No serequiere notificaci6n previa para presentar testimoniosno tknicos en la audiencia. Los miembros del phblico tarnbiCnpueden ofrecer anexos en relaci6n con su testimonio, en tanto no Seanrepeticiones excesivas de 

### su testimonio.

Los miembros del phblico en general que deseen presentaruna declaraci6npor escrito para el registro, en
vez de ofrecertestimonio verbal en la audiencia,presentarb la declaraci6npor escrito antes de la audiencia, o la present& en la misma.

Las personas con discapacidad y que necesiten ayudapara ser parte de este proceso de la audiencia deberin contactar a Judy Bentley hacia el 23 de marzo de 2009, en NMED, Agencia de Se~cios Personales, 

### P.O. Box 261 10, 1190 St. Francis Drive, SantaFe, Nuevo Mexico, 87502, telefono 505-827-9872. Los usuarios de TDY deben acceder a 

### su nberoa travis de laRed de Difusi6n deNuevo Mkico, a1 1-800-659-8331.

El Consejopuede tomar la decisi6n sobre las regulaciones propuestas revisadas a la conclusi6nde la audiencia, o bien acordaruna reuni6npara una fechaposterior afin de considemlas acciones sobre la propuesta.NEW MEXICOENVIRONMENTAL IMPROVEMENT BOARD NOTICE OFRULEMAKTNG HFiANNG

The New Mexico Environmental ImprovementBoard ("Boardn)will hold a public hearing on April 6,2009 at 10:OO a.m. in Room 3 17 at the State Capital in Santa Fe, New Mexico. The purpose ofthehearing is to considerthc matter of EIB 08-15 (R), proposed revisionsto Air Quality Control Regulations 20.2.99 New Mexico AdministrativeCode (NMAC) (Conformity to the StateImplementation Plan of Transportation Plans, Programs, and Projects).
The proponent of this regulatory adoption and revision is theNew Mexico Environment Department ("NMED").
The purpose of thepublic hearing is to consider and take possible action on a petition from the NMED regarding proposed revisionsto 20.2.99 NMAC. Theseproposed revisions would incorporate provisions necessary to make 20.2.99 NMAC consistent with CleanAir Act section 176(c)

### as amended by the Safe Accountable FlexibleEfficient TransportationEquity Act or SAFETEA-LU on August 10,2005 (Tub. L. 109-59). Theproposedrevisions also includeminor amendments requiredby federal regulations that are not related to SAFETEA-LU.
The proposed revised regulationsmay be reviewed during regular business hours at the 

### NMED Air Quality Bureau office, 1301 SilerRoad, Building 

### B, Santa Fe, New Mexico. Full text ofNMED's proposed revised regulationsare available onNMED's web site at www.nmenv.state.nm.us, or by contacting Gail Cooke at (505) 476-43 19 or gail.cooke@state.nm.us.



### The hearing will be conducted in accordance 

### with 20.1.1 NMAC (Rulemaking Procedures
-Environmental Improvement Board), the Environmental Improvement Act, Section 74-1-9 NMSA 1978,the Air Quality Control Act Section,74-2-6 Nh4SA 1978, and other applicable procedures.
All interested persons 

### will be given reasonable opportunity at the hearing to submit relevant evidence, data, views and arguments, orally or in writing, to introduce exhibits,and to examine witnesses. Persons wishing to present technicaltestimony must file with the Board a written notice of intent to do so. The notice of intent shall:
(1) identify the person for whom the witness(es) will testify; (2) identify each technicalwitness that the person intendsto present and statethe qualifications ofthe witness, including a description oftheir education and work background; (3) summarize or include a copy ofthe direct testimony of each technical witness and state the anticipated duration ofthe testimony ofthat witness; (4) list and describe, or attach, each exhibit anticipatedto be offeredby that person at the hearing; and (5) attachthe text of any recommended modifications to the proposed new and revised regulations.

Notices of intent for thehearing must be received in the Office ofthe Board not later than 5:00 pm on March 23,2009, and should reference the docket number, EIB 08-15 (R), and the date of the hearing. Notices of intent to present technical testimony shouldbe submittedto:
Joyce Medina,Board Administrator Office ofthe Environmental ImprovementBoard Harold Runnels Building 1190 St.Francis 

### Dr., RoomN-2150 / 2153 Santa Fe,

### NM 87502 Phone: (505) 827-2425, 

### Fax (505) 827-2836
Any member of the general public may tesq

### at the hearing. No prior notification is required to present non-technical testimony at the hearing. Any such member may also offer exhibitsin connection with his testimony, so long as the exhibit is not unduly repetitiousofthe testimony.A member ofthe general public who wishes to submit a written statementfor the record, in lieu of providing oral testimony at the hearing, shall filethe written statement priorto the hearing, or submit it at the hearing.
Persons having a disability and needing help in being a part of this hearing process shouldcontact Judy Bentleyby March 23,2009 at the NMED, Personnel Services Bureau, P.O. Box 26110,1190 St. Francis Drive, SantaFe, New Mexico, 87502, telephone 505-827-9872. 

### TDY users please accessher number via the New Mexico Relay Network at 1-800-659-833 1.

The Board may make a decision on the proposed revised regulations at the conclusion ofthe hearing, or the Board may convene a meeting at a later dateto consider action on the proposal.

# New Mexico Commission ofPublic Records Administrative Law Division 1205 Cainino 

## Carlos 

## Rey Santa Fe, 

## NM 87507 505-476-7907 

# Affidavit sfPublication 

# in the 

# New Mexico Register
I, John Martinez 

## ,certifythat 

### the agency noted below has published legal notices or rules in the New Mexico Register, and that payment

### has been assessed by invoice for said.legal notice



### or publication, which appeared on the date and in the volume and issue number noted below.

Date ofPublication: 

### 1/30/2009
Volume: 

### XX Issue# : 

### 2



### - Invoice # : 

### NM-2009- 208 

### a Amount: 

### $30.00
Description:
Notice



### (seal) Agency: 

### EIB 

# - Air Qua1 Contact: Gail Cooke 1301 Siler

### RD Bldg B Santa Fe, 

### NM 87507-

Notice of Rulemaking



### State ofNew Mexico, County of Santa Fe Signed and affirmed before me on Monday, February 23,2009 by 

### John Martinez 

### Notary 

## Public: - 

# a,@&-&
Gail A Packard ~rnisSion expires: 

# a4j .&3 

## l 

# 17

ate: 

### 2/23/2009 -Copies ofthepublislied material documented in rI~is qDidmli!are 

### enclosedForm SRC-2002-04 Revised Julp 2007

## New Mexico Register

### I 

### Volume 

## XX,Number 2

### I January 30,2009 25 

# Notices of 

# Rulemaking and Proposed 

# Rules
ALBUQUERQUE

### BERNALILLO COUNTY Am 

### QBJALITY 

### CONTROL BOARD

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALTTY CONTROL BOARD NOTICE OF POSTPONEMENT OF HEARMG

On February 11. 2009. at 5:30 pin, the Albuquerque-Bernalillo County Air Qualit)' Control Board (AirBoard) was scheduled to hold a public hearing in the Vincent E. Griego Chambers located in the basement level ofthe Albuquerque-Bemalillo Count). Government Center. 400 Maquette Avenue 

### NW, Albuquerque, NM. The hearing has been postponed until further notice.

This hearing was to address a proposal lo amend 20.1 1.2 NMAC, Fees. and to incorporate the complete and amended 20.11.2 NMAC, into the New Mexico State lmplemenlation Plan for air quality (SIP); as well as a pmposal to update tbe Title V Operating Permits Program by incorporating the aforementioned proposed amendments to 20.1 1.2 NMAC into the Title V Program where applicable. 

### NEW 

### MEXICO AMhUL 

### SHELTERING SERIrICES BOARIP

Regulation and Licensing Depaament -

Animal Sheltering Services Board LEGALNOTlCE OF POSTPONEMENT OFPUBLIC HEARING AND NOTICE OFBOARD MEETING

The Regulation and Lica~sing Department, Animal S1)cltering Services Board ("Board"), hereby gives notice that the Board has postponed to a fbture date the Public Hearing previously sclreduied for February 18,2009,with respect to the adoption of rules as follows:

Title 16, Chapter 24,Part 1 A n i m a 1 Shellering Services. General Provisions Title 16. Chapter 24, Parl2 A n i m a l Sheltering Services, Licensure and Certification Title 16,Chapter 24. Parl3 A n i m a l Sheltering Services, Duties of Licensees and Cerliiicate Holders Title 16. Chapter 24. Part 4 A n i m a l Sheltering Services, Complaints, Enforcemenl and Disciplinary Action Title 16, Chapter 24, Part 5 A n i m a l Sheltering Services, Fees utes. can be provided in various accessible formats. Please contact the board office if a summary or other type of accessible format is needed.
Helga Schimkat Adn~inistralor Animal Sheltering ServicesBoard P.O. Box 25 101 SanlaFe, New Mexico 8750.4



### NEW MEXICO ENVIR0NPvLENTA.L 

### WZPROVEMENTBOARD

NEW MEXICO ENVIRONlvLENTAL IMPROVEMENT BOARD NOTICE OF RUL.EMAKMG HEARING

The New Mexico Environmental Improvement Board ("Board") will hold a public hearin$ on April 6. 2009 at 10:OO

a.m. in Room 317 at Ihe State Capilal in Santa Fe, New Mexico. The purpose of the hearing is to consider the matter oSEIB 08- 15 (R), proposed revisions to Air Quality Control Regulations 20.2.99 New Mexico Administrative Code WAC)(Conformity to the State Implementation Plan of 

# ' Transportation Plans. Programs, and 

### : Projects). 

# I The proponent of this regulatory adoption

Amend, Environmental Health Department, P.O. Box 1293,Albuquerque,

### NM 87103or electronicnlly at Jarnendficaba.~~~ or by phone, 768-2601. 

# I Questions regarding this action may be ~h~ New Mexico Animal Sheltering directed to Hearing Clerk, Ms. Janice Services Board will convene a Regular

NOTICE FOR PERSON WITH DISABILITIES: If you have a disability andlor require special assistance please call (505) 768-2600 I\roice] and special assistance will be made available to you to review any public meeting documents, including agendas and minutes. m( users call the New Mexico Relay at 1-800659- 833 1 and special assistance will be made available to yo11to review any public meeting documents, including agendas and minules and revision is the New Mexico Envim~~ment Department (WMED"). Board Meetingto take care of regular business on February 18,2009 at 10:OO a.m. at the Regulation and Licensing Depment offices located at 5200 Oakland Avenue

### NE. Albuquerque. New Mexico. 671 13. The public iswelcome to attend. Portions OF the regular meeting may be closed to the public while the Board is in Executive Session. A final agenda for the meeting will be available al least 24 hours prior to tbe meeting and may be obtained by making a written request to the Board at P.0 ,Box 25101, Santa Fe, New Mexico 87504, by callmg (505) 4761795. by emailing the Board Administrator al helw.schimka~state.nm.~~~ to be added to the Board's email list for meeting notifications and agendas, or by checking the Board's website at: ~ww.rld.state.nm.us/AnimolSheltenne/ind ex.html.

Il you are an individual wit11 a disability who is in need of a reader, amplifier. qualified sign language interpre~er, or any other form of auxiliary aid or service to attend or participate in the meeting, please contact the board ofice at soon as possible Public documents, including the agenda and minThe purpose of the public hearing is to consider and lake possible action on a petition from the NMED regarding proposed revisions to 20.2.99 NMAC. These proposed revisions would incorporate provisions necessary to make 20.2.99 NMAC consistent with Clean Air Act section 176(c)asamended by the Sare Accountable Flexible Efficient Transportation Equity Act or SAFETEA-LU on August 10, 2005 (Pub. L. 109-59). The proposed revisions also include minor amendments required by federal regulations that are not related to SAFETEA-LU.

The proposed revised reslations may be reviewed during regular business hours at the NMED Air Quality Bureau office, 1301 Siler Road, Building B. Santa Fe, New Mexico. Full lext oiNMED's proposed revised regulations are available on NMED's web site at www.nmenv.stale.nm.us, or by contacting Gail Cooke at (505) 476-4319 or gail.cook@state.nm.us.

The hearing will be conducted in accordance with 20.1.1 WAC (Rulemaking

### New 

### Mexico 

### Re~ister / 

### Volume 

## XX,Number 2 / 

### January 30,2009

pp Procedures 

### - Environmental Improvement Board). the Environmental lmprovemenl Act. Section 74-1-9 NMSA 1978: the Air Quality Control Act Section. 74-2-6 NMSA 1978. and other applicable procedures.

All interested persons will be given reasonable opportunity at the hearing to submit relevant evidence. data, views and arguments, orally or in writing, to introduce exhibits, and Lo examinewitnesses. Persons wishing to present technical testimony musl file with the Board a written notice ofintent to do so. The notice of intent shall:

(I) identify the person for whom the witness(es) will testify; (2) identify each technical wihless that the person intends to present and state the qualifications or the witness, including a description of their education and work background; (3) summarize or include a copy of the direct testimony of each technical wimes and state the anticipated duration 01the testimony of that witness; (4) list and describe, or attach, each exhibit anticipated to be offered by that person at the hearing; and (5) attach the text of any recommended modifications to the proposed new and revised regulations.

Notices of intent ior the hearing must be received in the Office of the Board not Later than 5:00 pm on March 23, 2009, and should reference the docket number, EIB 08-15 (R), and the date of the hearing. Notices of intent to present technical testimony should be submitted to:
Joyce Medina, Board Administrator Office of the Environmental Improvement Board Harold Runnels Building 1 190 St. Francis Dr.. Room N-2150 12 153 Santa Fe, hW 87502 Phone: (505) 827-2425. Fax (50.5) 827- 2836
Any member of the general public may testify at the hearing. No prior notification is required to present non-technical testimony at the hearing. Any such member may also offer exhibits in connection with his testimony, so long as the exhibit is not unduly repelitious of the testimony.

A member of the general public who wishes to submit a twitten slatement for the record, in lieu ofproviding oral testimony at the hearing, shall file the written statement prior to the hearing. or submit it at the hearing.

Persons having a disability and needing help in being a part of this hearing process 

# 1 should contact Judy Bentley by March 23, 2009 at the NMED, Personnel Sewices Bureau. P.O. Box 261 10. 1 190 St. Francis Drive. Santa Fe, New Mesico, 87502. tele

### 1 phone 503-827-9872. TDY users please

access her number via the New Mexico Relay Network at 1-800-659-833I

.
The Board may make a decision on the proposed revised regulations at the conclusion 

### 1 of the hearing. or the Board may convene a -
I meeting at a later date Lo consider action on

the proposal.



### NEW MEXICO 

### ENVIRONMENTAL IMPROVEMENT

### BOARD

NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD

NEW MEXICO ENVIRONMENTPLL IMPROVEMENT BOARD

NOTICE OF PUBLIC HJZARPJG

The New Mexico Environmental I~nprovement Board ("the Board") will hold a public hearing after its regularly convened meeting on April 6. 2009 at 10 a.m. and continuing on April 7, 2009 if necessary in Room 3 17. State Capitol. Santa Fe. New Mexico 87501, for the purpose of hearing the matter in EIB No. 08-18 (R), the New Mexico Environment Department's ("NMED") proposal to adopt amendments to 20.5. I NMAC (General Provisions). 20.5.7 NMAC (Reporting and Investigation of Suspected and Confirmed Releases), 20.5.10 NMAC (Admin~strative Review), 20.5.12 NMAC (Corrective Action for Storage Tank Systems Containing Petroleum Products), 20.5.1 3 NMAC (Corrective Action for US7 Systems Containing Other Regulated Substances), 20.5.14 NMAC (Cerlification of Tank Installers), 20.5.15 NMAC (Corrective Action Fund Use and Expenditures), 20.5.1 6 NMAC (Qualification of Persons Performing CorrectiveAction). and 20.5. I8 NMAC (Operator Training). Earlier this year, the Environmental Improvement Board (the Board) adopted rules implementing some of the prevention and secondary containment requirements of the federal Enerm Policy Act of 2005 (EPAct). To meet EPAct's upcoming deadlines, and improve deparlmental procedures, NMED is now asking the Board to adopt the proposed amendments and new rules which will impose operator training and certification requirements, improve management of the CorrectiveAction Fund. allow the return of properties to productive use after remedia- - - -

~ ~pp tion. change and streamline requirements for certified unk inslallers. clariFy procedures for investigating and reporting releases. establish standards for the qualification and disqualification of contracrors, expandadministrative review procedures. and create a fourtll priority in the lealting storage tank ranking system. Interested persons may reviewtheproposed amendments during regular business hours at the NMED Petroleum Storage Tank Bureau, 1301 Siler Road, Building B, Santa Fe, 

### NM; NMED's Albuquerque Field Office. 5500 Son Antonio Drive NE, Albuquerque, 

### NM;on NMED's website at www.nmenv.state.nm.us; or by contacting Jennifer Pruen at (505) 376-4392 or Jennifer.Prue@state.nm.us. The hearing will be conducted in accordance will1 20. l .I NMAC. Rulemaking Procedures for the Environmental lmprovement Board; the Environmental lmprovement Act, Section 74-1-9 NMSA 1978; the Hazardous Waste Act. Section 74-4-5 NMSA 1978; and other applicable procedures. All interested persons will be given reasonable opportunity at the hearing to submit relevant evidence, data, views and arguments, orally or in writing. to introduce exhibits, and to examine wihesses. Persons wishing to present technical testimony must file a written notice of intent that: (1) identifies the person for whom the witness(es) will testify; (2) identifies each lecl~niwlwitness that the person intends to present and state the qualifications of the witness. including a description of their education and work background; (3) summarizes or includes a copy of the direct testimony of each technical witness and states the anticipated duration of the testimony of that witness; (4)attaches the text of any recommended modifications 10 the proposed regulatory changes; and (5) lists and describes, or attaches, all exhibits anticipated to be offered by that person at the hearing, including any proposed statement of reasons for adoption of the rules.

Notices of intent should reference the docket number. EIB No. 08-18 (R) and the date of the hearing and must be received in the Board's Office at the following address no later than 500prn on March 20, 2009: Joyce Medina. Board Administrator Office of the Environmental Improvement Board Harold Runnels Building 1190 St Francis Dr.. Room hr-21 5011153 Santa Fe. Near Mexico 87502 Phone: (505) 827-2425, Fax (505) 817- 2836

### EIB HEARING,

### 4/6/09

1 STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD EIB 08-15 (R)

IN THE MATTER OF PROPOSED AMENDMEKTS TO 20.2.99 NMAC 

### - CONFORMIM TO THE STATE IMPLEMENTATION PLAN PLANS, PROGRAMS AND OF TRANSPORTATION PROJECTS.

TRANSCRIPT OF PROCEEDINGS

BE IT REMEMBERED that on the 6th day of ~pril, 2009, this matter came on for hearing before the Envi ronmental Improvement Board, New Mexico State Capito1 Building, 490 01d Santa Fe Trai1

### , Room 317, Santa Fe, New M~X~CO, 87501, at the hour of 10:55 a.m. GAIL COOKE Direct Examin PAGE

9 18

7 1, i , MARKED/ADMI~ED \. , 8 NMED EXHIBIT:

9 1. Resume of Gail 18 10 2. written 18
11 3. Proposed changes to 2D:Z-.99 .NMC 18 12 4. January 24, 2008, Federal Register Notice 

### - Transportation Conformity Rule Amendments 18
13 5. Safe, Accountable, Flexible, Efficient
14 Transportation Equity ~ct: A Legacy for Users (P.L. 109-59); able of Contents and
15 section 6011 (Transportation conformity) 18 16 6. Spanish and English Hearing Notices 18
17 7. New Mexico Register Notice of Hearing 18 18 19 2 0
21
22
23 2 4

APPEARANCES For the Environmental Improvement Board: MS. KATHI BEARDEN, Hearing Officer MR. HAROLD TSO MS. KJLORES HERRERA MS. GAY OILLINGHAM MR. SOREN PETERS Envi ronmental Improvement Board 1190 St. Francis Drive Harold Runnels Bui 1 ding Santa Fe, NM 87501 MR. ADRIAN TERRY Board Counsel

For the New ~exico ~nvironment Department: 1 MS. BEARDEN: We are ready for the hearing
2 for proposed revisions to 20.2.99 NMAC. we will leave

3 the Board agenda and go directly into hearing. I am 4 Kathi Bearden. I am the hearing officer. our
5 attorney, Mr. Terry, has a statement he would like to
6 read into the record.
7 MR. TERRY: It's my understanding from the
8 Board's administrator that there have been no other
9 notices of interested parties or notices to present
10 technical testimony by any party other that the

11 Department in this case.

MR. WILLIAM G. GRANTHAM As such, the Board has contemplated taking a Assistant General counsel Office of General Counsel 1190 St. Francis Drive, Suite 4065 Santa Fe, NM 87501 (505) 827-2824 bi11.granthMstate.nm.us 13 majority of the information to be presented at the
14 hearing today based on the written testimony and the

15 exhibits that will be presented.
16 I would just like to briefly make note of the
17 provisions in the Environmental Improvement ~ct. which 

# 1 18 is NMSA Section 74-1-9, and remind the Board that in 

# 1 19 making its decision about this regulation that the

20 Board shall give the weight it deems appropriate to all
21 relevant facts and circumstances presented at this 

# 1 22 public hearing, including, but not limited to, the

123 character and degree of injury to or interference with

124 health, welfare, animal and plant life, property and 

# 1 25 the environment; two, the public interest, including 

### KATHY TOWNSEND COURT REPORTERS

### EIB HEARING,

5 the social, economic and cultural value of the regulated activity and the social, economic and
cultural effects of the envi ronmental degradation; and, three, the technical practicability, necessity for and
economic reasonableness of reducing, eliminating or
otherwise taking action with respect to environmental degradation.
So these are some of the things you should be considering, especially in light of the fact that not all of the testimony today is going to be oral. ~dditionally, part E of this statutory
section says that "The Board shall allow all interested parties reasonable opportunity to submit data, proposed changes to the proposed regulation, views and arguments, either orally or inwriting, and to examine
witnesses testifying at the hearing.
with that, if you would like to continue,
Madam Hearing officer.

MS. BEARDEN: Thank you, Mr. Terry.

~tthis time, before I begin the hearing
officer script, I'd like to identify if there is anybody inthe audience who intends to make public
comment during this hearing process. ~aving identified none, this is a hearing in
EIB matter eight to consider proposed amendments to

6 20.2.99 NMc, conformity to the SIP of Transportation Plans, Programs and Projects, EIB 08-15 (R). My name is Kathi searden. I am the EIB member who is designated as hearing officer inthis
matter for the ~oard. The time is now 10:57 a.m. We

are meeting in Room 317 at the Capitol on April 6th,
2009.

we are here to consider the petition for
rule-maki ng submitted by the Environment Department.
This hearing will be conducted in accordance with the Board's rule-making procedures.
This hearing will be conducted in a fair and impartial manner so as to assure us that the relevant
facts are fully elicited and to provide a reasonable opportunity for all persons to be heard without burdening the record with unnecessary repetition.
The Rules of Civil procedure and evidence
shall not apply to this hearing. As hearing officer, I will make such orders as may be necessary to preserve decorum and to protect the orderly hearing process.

TO that end, I ask that all persons at this heanng please turn off all cell phones, pagers and beepers. ~t this time, I need to ask the Department,
will your testimony today be identical to your written testimony it previously submitted to the Board 

### KATHY TOWNSEND 505-243-50 

### 4/6/09

7
1 regarding this matter?
2 MR. GRANTHAM: Madam Hearing officer, the
3 witness will have some additional summary testimony,
4 but she will testify to it, her written testimony, and

5 adopt that as her testimony in this hearing.

6 MS. BEARDEN: Thank you. In consideration of
7 the ~oard's detailed review of the submitted written

8 testimony, please only provide a succinct recitation of

9 the essential facts relating to the rule-making
10 hearing.

11 The hearing process shall be as follows: ~ll
12 testimony will be taken under oath. Any party may make
13 an opening statement. we will begin with the

14 ~epartment's witnesses 

### , then cross-examination of the
15 Department's witnesses, the Department's rebuttal 16 testimony of its witnesses, public comment and closing 17 argument and then we would close the record.
18 A note on questioning, cross-examination and
19 the sequence of cross-examination: ~fwitnesses
20 testify as members of the panel, clarifying questions
21 and cross-examination of said witnesses will occur only
22 after all panel members have testified.
2 3 The Environmental Improvement Board members
24 may ask clarifying questions and cross-examine

25 individual witnesses or witness panels only at the

8
1 conclusion of all direct testimony by said individual

2 witnesses or witness panels.
3 Let us begin. Does any party wish to make an

4 opening statement?
5 MR. GRAMHAM: G ad am Hearing Officer, I have

6 a brief opening statement.
7 MS. BEARDEN: please continue.
8 MR. GRANTHAM: Good morning. For the record,
9 my name is sill ~rantham. Irepresent the
10 Environmental Protection Division of the New Mexico

11 Environment Department in this matter of proposed
12 amendments to 20.2.99, Conformity to the state
13 ~mplementation plan of rans sport at ion Plans, Programs
14 and Projects.
15 The petition for this regulatory change was 16 filed on September lath, 2008. The request for this
17 hearing was made at the Board's regularly scheduled
18 meeting on October 6th and the hearing was set for
19 today at that meeting.
2 0 The Notice of Intent was filed on March 19th,
21 2009, and that included detailed written testimony of
22 Gail cooke, who will be testifying here today.
23 These rule changes are in response to changes
24 inthe federal transportation conformity rules which
25 were promulgated on January 28th, 2008, and Ms. cooke 

### COURT REPORTERS 18

### EIB HEAR

9
is here to provide testimony and answer any questions regarding her oral or written testimony.
And at this time, if it's appropriate, I 

### VG, 4/6/09

11

1 Administrative code, conformity to the State
2 ~mplementationPlan of Transportation Plans, Programs
3 and Projects.
would like to call Gail cooke as the Department's first 

# 1 4 New Mexico Exhibit 3 reflects the
and only witness, and I understand you would like her 

# 1 5 Department's proposed amendments in current NMaC

to sit at the end of your dais here?
MS. BEARDEN: Yes. 6 format. A section-by-section table of proposed
7 amendments is also included inmy written testimony.
GAIL COOKE 

# 1 The proposed amendments are shown in standard
after having been first duly sworn under oath,

was questioned and testified as follows:
DIRECT EXAMINATION 9 legislative format: New material is underlined and
10 deleted material is stricken or designated as
11 stricken. ~uring my testimony, I will refer to this

BY MR. GRAMHAM: 

# 1 12 regulation as "Part 99." Revisions to Part 99 are also

Q. ~ood morning. Please state your name for the 

# 1 13 part of New Mexico's federal grant requirements with
record. 

## ( 14 EPA.

A. MY name is Gail cooke. 

# 1 Q. Ms. cooke, you refer to your "written

Q. And where do you work?

A. I work for the New Mexico Environment 16 testimony."
17 Is that the testimony that is marked NMED Department, Environmental Protection Division, Air 118 Exhibit 2? Qua1 ity Bureau. A. Yes, it is.

Q. what do you do for the Air Quality Bureau?

A. I develop and review state implementation 20 Q. ~nd did you prepare that testimony yourself?
2 1 A. yes, I did. plans and community initiation projects as well as 

# 1 22 Q. what does "transportation conformity" mean? develop regulatory language and conduct public A. Transportation conformity is a requirement
outreach. 124 that was promulgated by the EPA in 1993 for areas that

Q. And how long have you been inyour current

10 position?

A. ~oughly ten years. 25 are in nonattainment or noncompliance for one of the

1L
1 six federal criteria pollutants.

2 The purpose of transportation conformity is

Q. And what did you do before taking that 

# I 3 to take transportation projects into consideration in position? 

# 1 4 nonattainment areas so as to not compound an existing

A. I was an environmental consultant with a firm in nlbuquerque. I did, basically, National
Environmental Pol icy nct work dealing mainly with 5 problem with air pollution.
6 Transportation projects and plans must
7 conform with the nonattainment State Implementation highway projects. 

# 1 8 Plans for the area and help with the process rather

Q. Can you please describe your educational 

# 1 9 than hinderit. background? Q. Can you explain what a nonattainment area is?

A. Yes. I have an undergraduate degree in
envi ronmental design from Texas AMUniversity and I 11 A. A nonattainment area is an area that has
12 exceeded one of the six criteria pollutants, and these
have a master's degree in urban and regional planning 

# 1 13 are lead, sulfur dioxide, nitrogen oxides, ozone and
from Virginia Tech University. 

# ( 14 particulate matter, ten microns in size of particulate

Q. And are you familiar with what has been
marked NMED Exhibit 1, a copy of your resume?

A. Yes, I am. 15 matter and 2.5 microns in size of particulate matter.
16 Q. And why istransportation conformity required
17 in nonattainment areas?
Q. 1s that an accurate copy of your current A. Transportation conformity is important
resume?

A. Yes, it is 19 because mobile sources, such as vehicle emissions, are
20 primary sources of pollution in many areas.



### a. Can you tell the chair or the Board what your 

# 1 21 Q. why are amendments to Part 99 necessary at
purpose is here today?

A. Yes. Madam chair. embers of the Board, I am 22 this particular time?
23 A. The proposed revisions to Part 99 are in
here to present the New Mexico Environment Department's 124 response to amendments to the federal conformity rule proposed amendments to 20.2.99 New Mexico 25 The EPA has revised the federal rule in the last 

### KATHY TOWNSEND COURT 

### REPORTERS 505-243-501 8

### El6 HEARING, 4/6/09

r 13
1 year-and-a-half. 15
1 nonattainment area in your written testimony? 

# 1 Host of these amendments are necessary to 

# ( 2 A. Yes, there was. Although there are no areas 

# 1 3 make the rule consistent with the Clean Air Act section 

# 1 3 right now besides Anthony, New M~X~CO, that will be 

# 1 4 176(c) as it was amended by the Safe, Accountable, 

# ( 4 affected by today's proposed revisions, Part 99 will

5 Flexible, Efficient Transportation Equity nct, what is
6 called "SAFETEA-LU," which was prbmulgated on nugust 5 affect any nonattainment areas that are designated in
6 the future. 

# ( 7 10, 2005. 

# 1 One such area is Sunland Park, New Mexico,
The relevant portions of SAFETEA-LU have been
9 included in the Notice of Intent as NMED Exhibit 5. 

# I 8 which this area is currently in violation for the new
9 eight-hour ozone ~ational Ambient Air Quality Standard 

# 1 10 The EPA'S transportation conformity rule amendments in 

# 1 10 of 0.075 parts per million. 

# I 11 response to SAFETEA-LU are included in NMED ~xhibit 4. 111 This area will not be officially designated

Q. Ingeneral terms, what is the overall effect (12 as nonattainment by the €PA until mrch of 2010. ~nd



# 1 15 to include more time for the transportation planning 

# 1 15 designated nonattainment. So itwould be March 2010.

13 of the proposed amendments? 

# 1

A. The main revisions to the rule will be able 

# 1 16 progress, and there is some language clarification and 

# 1 16 ~lso in my testimony, I will refer to San 13 the transportation conformity, this rule would go into

14 effect for that area one year after the area is 

# I::

some consistency changes.

Q. Does your written testimony go into detail 17 Juan County, which was another area we thought would
18 also be in nonattainment of the new eight-hour National 

# ( 19 explaining what each of the particular changes are? 

# 1 19 mbient ni r Quality Standard, but there has been some

20 A. yes.
2 1 Q. what New Mexico agencies will be affected by
22 the amendments to this rule? 20 question as to the validity of the monitoring data for
21 this area.
22 So the Environment Protection Agency and NMED 

# 1 23 A. here are two agencies in New Mexico that 

# 1 23 are currently evaluating that data to determine the 

# 1 24 will be affected by this rule: The nir ~uality Bureau 

# / 24 areas in compliance with the new federal ozone
25 and the Department of Transportation. The Air Quality

14
1 Bureau adopts the regulation, but both agencies are 

# 1 2 required to carry out the regulation. 25 standard. So that's still up in the air as to whether

16
1 or not that area will be affected, as well.
2 Q. And just for the record, the Division 

# I And the New ~exico DOT has been briefed on 

# 1 3 submitted a notice of corrected testimony on that, 

# 1 4 these changes and has reviewed the changes and did not 

# ( 4 correcting the written testimony on that issue, on 

# 1 5 have any comments. 

# 1 5 April Znd, along with some other ministerial errors in

Q, what form did your communication take with 

# I :
the testimony.

7 the DepartnWnt of Transportation? 

# I
id the Air Quality Bureau provide a public 

# I A. It was verbal, one-on-one communication, as 

# ( 8 comment period for this proposed rule?

9 well as I did presentations for the New Mexico

10 Department of Transportation on its rule revision.

11 Q. How many nonattainment areas exist in New 9 A. Yes, we did.

1D Q. nnd can you explain when and how that was
11 conducted? 

# 1 12 Mexico? A. public notice, according to EIB's rule-making

13 A. well, presently, there is only one under the
14 Department's jurisdiction in New Mexico. The
15 nonattainment area is located in southern Dona Ana 13 regulations, required that notice be published in the
14 newspaper of general circulation and the New Mexico
15 Register, which was done. The newspapers' notice was 

# / 16 County, in nnthony, New M~X~CO, and nnthony was 116 published in English and Spanish.

17 designated nonattainment by the EPA for PM10, which Q. ~nd did you receive any public comnent in

18 m10 is ten microns insize or less, in 1991. 18 response to those notices? 

# I

l7 19 Today's proposed revisions to Part 99 will

20 not affect the nonattainment area inAnthony. This
21 area was designated nonattainment for PM~O due solely
22 to high wind events and not emissions from mobile
23 sources. So the Department's proposed revisions today
24 only apply to mobile sources. 19 A. NO, I did not.

2 0 Q. nnd is the public notice contained in what
21 has been marked as NMED Exhibit 6?
22 A. Yes, for the Federal Register notice 

### -- or, 23 sorry, the New Mexico Register notice 

### -- no. Wait.
24 I'm sorry. The newspaper notice is in Exhibit 6.
2 5 Q. Was there a reference to a different 25 sorry. 

## KATHY TOWIVSEWD COURT REPORTERSMR. TERRY: Yes.

MS. BEARDEN: Are there any questions? 

### EIB HEARING,

17

Q. And those are in Spanish and English?

A. Yes, they are.

Q. And was there a notice of this hearing published by the Department?

A. yes, there was.

Q. nnd those would be the exhibits -- those
would be the notices that are marked NMED Exhibit 7; is
that correct?

A. yes.

Q. DO these rule amendments affect small
businesses in New Mexico?

A. NO, they do not. The rule only affects the
air quality and transportation planning process used by government agencies. SO government agencies are the only entities that are actually affected by this rule.

Q. And what would be the consequence if the proposed rule amendments are not adopted by the
Environmental Improvement ~oard?

A. A notice of deficiency would be issued by the

EPA and a federal implementation plan would be put into place by them, and, also, there is -- an issue of primacy might be at stake.

MR. GRANTHAM: Thank you. Madam Hearing Officer, Members of the Board, I have no more questions
for the witness, and I would l i k e t o move for admission

18 of NMED ~xhibits 1through 7.

MS. BEARDEN: So ordered.
MR. TERRY: YOU say "admitted."

MS. BEARDEN: 1'm sorry, so admitted. (NMED Exhibits 1through 7 admitted.)

MR. TERRY: yes.
MS. BEARDEN: There is no cross-examination
of the Department witness, no rebuttal testimony at
this time. I guess we go to the Board and ask for questions?

11 when you go into a conformity lapse, there are a lot of
12 things that end up happening, which the main one is the 

### 4/6/09

19
1 MS. COOKE: If you look underneath there, it
2 explains why the actual changes were made, but it was 3 done to make the rule consistent EPA's PM2.5

4 implementation rule, which instead of using the term

5 "sulfur oxides," they changed it to "sulfur dioxides"
6 because this is the actual criteria pollutant that the
7 EPA has a National Ambient ~ir Quality Standard for.
8 MR. TSO: I see. This has no reference to a
9 change in the chemistry of these?
10 MS. COOKE: No, it does not.

11 MR. TSO: okay. Thank you.
12 Another question I have iswill a new SIP be
13 required when these new motor vehicle emission

14 regulations take effect?
15 MS. COOKE: No, it will not. This is not
16 tied to -- you're talking about the clean cars rules?
17 MR. TSO: Yes, ma'am.
18 MS. COOKE: NO. This is not tied to that at
19 all.
20 MR. TSO: Thank you. And this is just an
21 ignorance question, can you explain "lapse grace
22 period"?
23 MS. COOKE: oh, yes. ~asically 

### --
24 MR. TSO: It sounds theological.
25 MS. COOKE: 

### -- when you have a transportation

20
1 conformity, or to require it for an area, you have it
2 for a certain time period. ~t's for a ten-year time 3 period. ~nd you have to do revisions during that time

4 period, as well as make sure that you have continuing 5 plans and updates and basically approvals.

6 And if you don't follow that sequence and you
7 don't do what's required and you miss part of those

8 days, you miss submitting a plan, it goes into what's
9 called "conformity lapse," which basically means you
10 have not done your required planning for the area, and

Mr. TSO? 

# 1 13 transportation funding can be taken away from that
EXAMINATION 

# 1 14 community, and this actual1 y happened to ~lbuquerque

BY THE BOARD: 

# 1 15 several, several years ago.

MR. TSO: Madam chair, I have several. nnd so you have to make sure that you have
The first question I have is on page three of up-to-date plans, those plans are basically reviewed
your written testimony, let's see if I have got it 

# 1 18 and submitted on time, and when they are not, like I

MS. COOKE: Uh-huh. MR. TSO: Thank you. Thank you, ada am right, down there at the bottom, the last item on that
page, it's a table? 19 said, then you go into what's called "conformity
20 lapse."

MR. TSO: And it refers to 

### -- it states:
"~emoved 'sulfur oxides (SOX)' and added in its place
'sulfur dioxide (~02).'" 22 Hearing officer.
23 MS. BEARDEN: Ms. Herrera?
24 MS. HERRERA: NO. Why was this changed? 25 MS. BEARDEN: Mr. Peters? 

### KATHY TOWNSEND COURT REPORTERS 505-243-501 8

### EIB HEARING, 4/6/09

I 21

MR. PETERS: I have a question about the
nonattainment areas in Southern Dona Aria County.

MS. COOKE: okay.

MR. PETERS: The sunland Park ozone nonattainment, as well as the PM10, do they overlap
down there, or is it a large county with lots of space in between?

MS. COOKE: NO. The PMlO nonattainment area
is actually just Anthony. It's a very small
nonattainment area. The sunland park area, what we have recommended to the EPA for that boundary would only include santa Teresa, La union and at sunland park. And it actually cuts off right below Anthony.

we actually don't have high levels of ozone within nnthony.

MR. PETERS: And within Anthony, you said
that was a storm event?

MS. COOKE: Yes. Anthony was designated a
nonattainment area back in 1991, and since then, EPA
has put into place what's called a "~at~ral Events Policy Act." It's actually a rule now.

so it's the national rule which takes high
wind events into consideration. So areas inthe West especially that have large dust storms won't be
considered a nonattainment area. They have another

22 planning process that they do for these high wind
events. ~nd that was actually not in place when Anthony was designated nonattainrnent.

so the only reason it was designated
nonattainment was because of dust storms, and we have
not been able to redesignate this area at this time.
~t's a very specialized area. Any other place around the united States that
has a nonattainment area, most likely mobile source plays a small part at least in it being a nonattainment

area, and Anthony, that's not the case.

MR. PETERS: Have there been any studies to
understand whether there is overgrazing or poor land management in the area to enhance those storms or make
them more problematic as far as PMlO?

MS. COOKE: ~ctually, wna Ana county has
what's called a Natural Events Action Plan, and, basically, what it does is it takes into account
man-made sources of dust or potential sources of dust
in that area. And, honestly, we have not done an in-depth study, but from the complaints we get, a lot of it has
to do with construction, a l o t o f it has to do with housing construction, and we got very few complaints 23 A lot of it has to do some with highway department projects, where they will blade the area.

we get some complaints from roads and stuff like that,
but a lot of it is from construction sites, and, also,
sometimes we just get those huge regional storms and
all of Arizona blows in and hits us and then we blow on
to Texas.

MR. PETERS: Thank you. That's all.

MS. BEARDEN: MS. oillingham?

MS. DILLINGHAM: This is not really specific
to that, but I would just like to second soren's question, because overgrazing would cause more PM~O or 2.5 problems.
Santa Teresa, the other region, though, the
nonattainment there, how much of that has to do with
any of the industry there versus the mobile sources?
Ms. COOKE: Actually, within sunland park,
this is an issue that we have been dealing with.
sunland park was actually designated nonattainment
before for the one-hour standard back in 1995, and the
state Implementation Plan and what we have submitted
since then basically states that sunland park is not generating enough emissions for that area to be
considered nonattainment.

A lot of the emissions that we get are from

24

El Paso and Juarez, but, regardless, the Clean nir ~ct
still requires that that be a nonattainment area. we
cannot just say, "oh, it's them and we are not going to
do anything" because we still are in violation and we need to do what we can in New Mexico. And, unfortunately, like I said, it's not really the New Mexico side, but, like I said, for ozone nonattainment areas especially, it's almost impossible
to say "Motor vehicles are contributing nothing." You
still have to do transportation conformity. YOU still
have to look at what they possibly contribute, even if

it is a small amount, and in sunland Park, it is a very small amount.
MS. DILLINGHAM: That's interesting.

MS. COOKE: ~tis.

MS. DILLINGHAM: I don't have any other questions. Thank you.
MS. BEARDEN: I just have a comment. I was fortunate to hold hearings in sunland Park two years
ago where there was great detail about the dust blowing
in mthony, and, also, the situation in sunland Park, including 

### -- I'm sorry, the company 

### --
MS. COOKE: ASARCO.

MS. BEARDEN: ASARCO. The Department and the actually about overgrazing of land. 25 state actually opposed things happening inTexas. So 

### KATHY TOWNSEND COURT REPORTERS

# 1 Okay. Is there any rebuttal examination, Mr. 

# 1 MR. TERRY: I don't believe so. 

### EIB HEARING, 4/6/09



# 1 5 Grantham? 

# 1 MS. BEARDEN: Okay. we have a motion and a 25

1 it was good working with the Department. They are

2 doing what they can to help that area.

3 Any other questions from the Board?

6 MR. GRANTHAM: NO, ma'am. NO rebuttal

7 questions.

8 MS. BEARDEN: Okay. Thank you. Thank you, 27

1 Any discussion by Board members?
2 Do we need anything additional, Mr. Terry, at

3 this time?

6 second to adopt the proposed revisions.

7 nll infavor signify by saying aye; opposed,

8 same sign. The motion carries. We have adopted the

10 comment because it is part of the hearing.
1s there anyone who wishes to make public 

# 1 9 Ms. Cooke. ~tthis point then, we will go to public

10 would you tell me, Mr. Terry, the Statement

11 of Reasons, will that be at the next meeting? 

# 1 9 revisions.



# 1 12 comment? MR. TERRY: Yes. 

# 1 l3 Closing argument. Mr. Grantham? MS. BEARDEN: okay. Thank you. That 

# 1 l4 MR. GRANTHAM: G ad am Hearing Officer, I would 

# 1 14 worked.

15 ask that if the eoard requires closing argument that

16 those would be made in writing; otherwise, I believe

17 the witness' written and oral testimony will be 

# 1 18 sufficient for the Board to make its decision. 

# I l8

19 MS. BEARDEN: closing argument is optional by

20 the Department.

2 1 SO anything else from the Board? (proceedings concluded at 11:25 a.m.)

Mr. Terry, I believe we are ready to close 

# 1 23 the hearing. we have now heard all testimony and 

# I 23 

# 1 24 arguments, and the record is closed. 

# ) 24

2 5 hank you, Ms. cooke, Mr. Grantham.

26

1 nt this time, we may take the next step in 25

2 8
1 STATE OF NEW MEXICO

2 the process, we may deliberate and make a decision on 3 the proposed regulatory change. We can adopt, nullify

4 or reject a proposal. If we vote to modify the

5 language, we need to explain why the modification is a

6 logical outgrowth of the original proposal.

7 Do we wish to discuss the DroDosal, or are we

I

make a motionthat we accept the New Mexico

16 Environment oepartment's proposed revisions to 20.2.99 2 3 COUNTY OF BERNALILLO :
4 

### I, the undersigned Court Reporter, HEREBY

5 CERTIFY that the foregoing hearing was recorded by me
6 by machine shorthand; that I later caused my notes to

7 be transcribed under my personal supervision; and that



### . . 8 ready for a proposed motion on this hearing today?

9 MS. DILLINCHAM: I an ready for a motion if

10 the others are.

11 MS. BEARDEN: I think we are ready for a

12 motion.

13 MS. Dilli ngham?

14 MS. DILLINGHAM: I will make it.

17 NMAC, conformity to the SIP of transportation plans,

18 programs and projects, which is EIB 08-15, and I make a
19 motion that we accept as the Environment Department has

20 proposed.

2 1 MS. BEARDEN: IS there a second to the

22 motion?
23 MS. HERRERA: Second. 8 the foregoing is a true and accurate record, to the

9 best of my ability, of said proceedings.

10 I FURTHER CERTIFY that I am not a relative or
11 employee of any of the parties or attorneys involved in

12 this matter and that I have no personal interest in the

13 final disposition of this matter.

14 DATED this 8th day of April, 2009.

15



# I 24 MS. BEARDEN: Second by MS. Herrera. 

# I 24 DENISE KOPAN, NM CCR #I24
License Expi ration: 12/31/09

2 5 Discussion? 25 

### KATHYTOWNSEND COURT REPORTERS

### EIB HEARING, 

### 4/6/09

'sulfur [z] - 18:23,

1 8:24



### 1

--

1~41 -319, 10:16, 1811, 18:5 IO[I]

### - 13:7 109-59111- 3~14 10:55 [I]- I :2O 10:57 (11

# - 6:5 1190[2]-216, 2112 11:25 111

### - 27~15 12/31109[1]

# - 28:19 176(~[1] - 124 18[8]

### - 3:4, 3:9, 3:10,

3:11, 3:12, 3:15, 3:16, 3:17 18th [I]

### - 8~16 1991(21

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### - 3:14, 4:17, 10:7, 13:3, 13:5, 

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### - 19:2, 19:6 490[1]

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### - 18:3.

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### - 75,26:3, 16:24 275 6011 [I] - 3:15 adopted (21 - 17:17, 6th 131- 1:16.6:6,8:18 27:B adopts [I] 

### - 14:l 

## 7 ADRIAN [I] 

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### - 14:20,

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### - 13:21, 13:24, 15:4, 16:1, 74-1-9 [I] 

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### 8 affects [I] 

### - 17:12

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### - 13:21, 13:23, 14:1, 17:14 827-2824[I] 

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# - 1522 87501 [31- 1:20,2:7, agenda 111

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### - 9:18, 9:20, 13:3, 13:24, 13:25, 

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### - 3:3 17:13 99 [el

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# -

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### - 15:9.
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### - 10:12 1519, 19:7

a.m 131

### - 1:20, 6:5, amended [I] 

### - 13:4

27: 15 AMENDMENTS [i]

### - ability [I] 

### - 28:9 able 

### [a- 13:14, 22:6 accept [z]

### - 26:15,

26:19 accordance [I] - 6:10 according [I] - 16:12 account [I] 

### - 22:18 Accountable [z]

### - 1:4 amendments [14] -

525, 8:12, 10:25, 1115, I1 17, 1 I :8, 12:21, 12:24, 13:2, 13:10, 13:13, 13:22, 17:10, 17:17 Amendments [I] 

### -

-.A rn J.IL 3:13, 13:4 amount [z] - 24:12, accurate [z]- 10:18, 24:13

28:8 Ana 131 

### - 14:15, 21:2,


### KATHY TOWNSEND COLIRT 

### F 505-243-5018 22:16 AND [I] 

### - 1:5 animal [I] 

### - 4:24

answer [I] 

### - 9:l Anthony pz]

### - 14:16.

14:20, 153, 21:9. 21:13, 21:15, 21:16, 21:18, 22:3, 22:11, 24:21 apply 121

### - 6:18, 14:24 appropriate [q

# - 4:20,

9:3 approvals [I] 

### - 205 April 141 

### - I :16, 6:6, 16:5, 28:14

area (331

### - 12:8, 12:10,

12:11, 14:15, 14:20, 14:21, 15:1, 15:7, 15:8, 15:11, 15:14, 15:17, 15:21, 16:1, 20:1,20:10,21:8. 21:10, 21:19,21:25, 22:6, 227, 22:9, 22:11, 22:14,22:20, 23:2, 23:23, 24:2, 25:2 areas1111 - 11:24, 12:4, 12:17, 12:20, 14:11, 15:2, 15:5, 15:24,21:2, 21:23. 24:8 argument 141- 7:17,

2513, 2315, 2519 arguments (21

### - 515,

25:24 Arizona [I] 

### - 23:6 ASARCO [z]

### - 24:23,

24:24 Assistant [I] 

### - 2:11

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### - 4:5 attorneys [I] 

# - 28:ll audience [I] 

### - 5:22 August (11

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### - 27:7

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# - 4:14 BE [I] 

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### - 4:4, 6:3 BEARDEN[ZZ] 

### - 2:3,

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### - 6:23 begin 131

### - 520, 7:13,

8:3 below[r]- 21:13 BERNALILLO [I] - 28:3 best [I] 

# - 28:9 between [I] 

# - 21:7 Bill [I] 

### - 8:9 bill.grantham@state

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### - 23:6 BOARD[z]

### - 1:l.

18:15 Board[z3]

### - 1:18,2:2,

25, 2:8, 3:4, 4:3, 4:12, 4:18, 4:20, 5:12, 6:5, 6:25, 7:23, 10:21, 10:23, 17:18. 17:24, 18:9, 25:3, 25:15,25:18, 25:21, 27:l Board's [4]- 4:8, 6:11,

7:7, 8:17 bottom [I] 

### - 18:19 boundary[i] - 21:I1 brief [I] - 8:6 briefed [I] 

### - 14:3 briefly [I] - 4:16 Building 12) - 1 :I 9, 2:6 burdening 111 - 6:16 Bureau151

### - 9:19,

9:20, 13:24, 14:1, 16:7 businesses[I] 

### -

17:ll BY p]

### - 9:12, 18:15

cannot [I] - 24:3 Capitol [z]

### - 1:19. 6:6 carries [I] 

### - 27:8 carry [I] 

### - 14:2

cars 111 

### - 19:16

case lz]

### - 4:11, 22:ll caused ]I] 

### - 28:6 CCR[I] 

### - 28:18 -11 [I] 

### - 6:22 certain [I] 

### - 20:2 CERTIFY 

### - 28:5,

28:lO Chair p]

# - I O:21, 10:23, 18:16

### EIB 

### HEARING. 4/6/09

change [31- 8:15,

19:9, 26:3 changed (21

### - 18:25,

195 Changes[I] 

### - 3:11 changes [a] 

### - 5:14,

8:23, 13:17, 13:19, 14:4, 19:2 character [I] 

### - 4:23 chemistry (I] 

### - 19:9 circulation [I] 

### - 16:14 circumstances [I] -

4:21 Civil [I] 

### - 6:17 clarification [I] -

13:16 clarifying [2] 

### - 7:20,

7:24 Clean 121

# - 13:3, 24:l clean [I] - 19:16 close [2] - 7:17, 2522 closed [I] 

### - 2524 closing 121- 7:16,

2515 Closing [z] 

### - 25:13,

251 9 Code [I] 

### - 11:1 comment 

### r] 

# - 523, 7:16. 16:8, 16:17, 24:18. 25:10, 2312 comments [I] 

### - 145 communication 12) -

14:6; 14:8 community 121

### - 9:22,

20:14 company [I] - 24:22 complaints 131

### -

22:22, 22:24, 23:3 compliance [I] 

### -

15:24 compound [I] 

### - 12:4 concluded [I] 

### - 27:15 conclusion [I] 

### - 8:l conduct [I] 

### - 9:23 conducted 131

### - 6:10,

€212, 16:ll conform [I] 

# - 12:7 CONFORMllY [I] -

1:4 conformity[iq

### - 8:24,

11:22, 11:23, 12:2, 12:16, 12:18, 12:24, 13:10, 15:13,20:1, 20:s. 20:11, 20:19, 24:10, 26:17 Conformity [q

### - 3:12,

3:15, 6:1, 8:12, 1l:l consequence[il - 17:16 consider[z]

### - 5:25, 6:8 consideration 131-

7:6, 12:3,21 :23 considered [2] -

21:25, 23:24 considering [I] 

### - 5:9 consistency [I] -

13:17 consistent [2]

### - 13:3,

19:3 constructionp]

### -

22:23,22:24. 23:4 consultant [I] 

### - 105 contained [I] 

### - 16:20 contemplated [I] -

4:12 Contents [I] 

### - 3:14 continue 121

### - 517,

8:7 continuing [I] 

### - 20:4 contribute [I] 

### - 24:ll contributing 111 

### - 24:9 COOKE 1161

### - 312, 9~8,

18:21, 19:l. 19:10, 19:15, 19:18, 19:23, 19:25, 21:3, 21:8. 21:18. 22:16, 23:17, 24: 15, 24:23 Cooke[gi- 3:9, 3:10,

8:22, 8:25, 9:4, 9:15, 11:15, 259, 2525 Copy[2]

### - 10:16, 10:18 correct [I] - 17:8 corrected [I] 

### - 16:3 correcting [I] - 16:4 Counsel (31

### - 2:8,

2:11,2:11 County [4] 

### - 14:16,

15:17. 21:2, 22:16 county [I] 

### - 21:6 COUNTY[I] 

### - 28:3 Court [I] 

# - 28:4 criteria 13) 

### - 12:1,

12:12, 19:6

cross [q

### - 7:14, 7:18,

7:19, 7:21, 7:24, 18:7 cross-examination 151



### - 7:14. 7:18. 7:19, 7:21, 18:7 crossexamine [I] 

### -

7:24 cultural 121

### - 5:1, 5:3 current [3] 

### - 9:25,

10:18, 11:5 CU~S[I]

# - 21:13



### KATHY TON dais [I] 

### - 9:6 data [3] 

### - 5:13, 15:20,

15:23 date [I] 

### - 20:17 DATED[i]

### - 28:14 days [I] 

### - 203 dealing 121 - 10:7.

23:18 decision [3] 

### - 4:19,

25:l 8. 26:2 decorum [I] - 6:20 deems [I] 

### - 4:20 deficiency [I] - 17:19 degradation[q

### - 5:3,

5:7 degree [3] 

### - 4:23,

lO:ll, 10113 deleted [I] 

### - 11 :10 deliberate [I] - 26:2 DENISE [I] 

### - 28:18 Department 1151

# - 2:9,

4:11, 6:9, 6:23, 8:11, 9:18, 13:25, 14:7, 14:10, 17:4, 18:8, 24:24,25:1, 2520, 26:19 department [I] - 23:2 Department's [g] 

### -

7:14, 7:15, 9:4, 10:24, 11:5, 14:14, 14:23,26:16 depth [I] 

### - 22:21 describe [I] 

### - 10:9 design [I] 

### - 10:12 designated [I I] - 6:4.

ll:lO, 14:17, 14:21,

23:19 detail [2]

### - 13:18,

24:20 detailed [2] 

### - 7:7, 8:21 determine[I] 

### - 15:23 develop 121

### - 9:21,

9:23 different [I] 

### - 14:25 DlLLlNGHAM[6] 

### - 2:4,23:10, 24:14, 24:16, 26:9, 26:14 Dillingham [z]

### - 23:9, 26:13 dioxide [2] 

### - 12:13,

18:24 dioxides [I] 

### - 195 direct [I] 

### - 8:l Direct [i] 

### - 3:3 DIRECT[i]

### - 9.1 1 directly [t] - 4:3 discuss [I] - 26:7 Discussion [I] - 26:25 discussion(11 

### - 27:l disposition [i] 

### - 28:13 Division [3] 

### - 8:10,

9:18, 16:2 DOLORES [I] 

### - 2:4 Dona [3] 

### - 14:15,21:2, 22:16 done [4] 

### - 16:15, 19:3,

20:10, 22:21 DOT[i]

### - 14:3 down [z]

### - 18:19, 21:6 Drive121

# - 2:6, 2:12 due [I] 

### - 14:21 duly [I] - 9:9 during [z] - 5:23, 20:3 During [I] 

### - 1l:ll dust 151

# - 21124, 2215, 22:19, 24:20

economic[q - 51,

52, 5:5 educational [I] 

### - 10:9 effect [3] - 13:12.

15:14, 19:14 effects [I] 

### - 5:3 Efficient (21 - 3:13,

13:5 EIB 151

# - 1:2. 5:25. 6:2,

6:3, 26:18 EIB's [I] 

### - 16:12 eight 131- 5:25, 159,

1518 eight-hour 121

### - 15:9,

15:18 either111 - 515 El 111 

### - 24:l elicited [I] 

### - 6:14 eliminating [I] 

### - 5:5 emission 111 

### - 19:13 emissions 141

### - 12:19,

14:22, 23:23, 23:25 employee [I] 

### - 28:ll end [3] 

### - 6:21, 9:6,

20:12 English 131 - 3:16,

16:16, 17:l enhance[i]

### - 22:14 entities [I] 

### - 17:15 Environment[el 

### - 2:9, 6:9, 8:11, 9:17, 10:24, 15:22, 26:16, 26:19 environment [I] 

### - 4:25 ENVIRONMENTALp]

I 

### INSEND COURT REPORTERS 505-243-501 8 environmental 141

### - 53, 56, 105, 10:12 Environmental191

### -

1:18,2:2,2:5, 4:17, 7:23, 8:10, 9:18, 10:7. 17:18 EPAp]- 11:14, 11:24,

12:25, 14:17, 1512, 17:20, 19:7,21:11, 21 :19 EPA's [2]

### - 13:10, 19:3 Equity [z] 

### - 3:14, 135

errors [I] 

### - 16:5 especially [3] - 59,

21:24, 24:8 essential [I] 

### - 7:9 evaluating[I] 

### - 1523 event [I] 

### - 21:17 events 131

### - 14:22,

,

21:23, 22:2 Events 121

### - 21:20,

22:17 evidence[I] - 6:17 examination 161

### -

7:14, 7:18, 7:19, 7:21, 18:7, 25:4 Examination[z] 

### - 3:3,

3:4 EXAMlNATlON [2] 

### -

9:11, 18:14 examine 121 

### - 515,

7:24 exceeded[i]

### - 12:12 Exhibit [a] 

### - 10:16,

11:4, 11:18, 13:9, 13:11, 16:21, 16:24, 17:7 EXHIBIT [I] 

### - 3:8 Exhibits [z] - 18:1,

185 exhibits [z] 

# - 4:15,

17:6 exist [I] 

### - 14:ll existing [I] - 12:4 Expiration [I] 

### - 28:19 explain 141

# - 12:10,

16:10, 19:21,26:5 explaining [I] 

### - 13:19 explains [I] 

### - 19:2

fact [I] 

### - 5:9 facts [3] 

### - 4:21, 6:14,

7:9 fair111 

### - 6:12 familiar [I] 

### - 10:15 far [I] - 22:15

### El8 HEARING, 4/6/09

favor 111

### - 27:7 Fe[q

### - 1:19, 1:20, 2:7,

2:12 federal pq 

### - 8:24,

11:13, 121, 12124, 12:25, 15:24, 17:20 Federal 121

# - 3:12,

16:22 few [I] 

### - 22:24 filed 

### - 8:16, 8:20 final [i]- 28:13 firm 111- 10:5 first 131

# - 9:4, 9:9,

18:17 Flexible 121 - 3:13,

13:5 follow 111

### - 20:6 ~OIIOWS [z] 

### - 7~11. 9:lO foregoing [z]

### - 28:5,

28:8 form [I] - 14:6 format 121 - 11:6, 11:9 fortunate [I] 

### - 24:19 Francis (2) 

### - 2:6. 2:12 fully [I] 

### - 6:14 funding 111

### - 20:13 FURTHER[i]

### - 28:lO future (11

### - 15:6

GAIL - 312,918 Gail [s]

### - 3:9, 3:10,

8:22, 9:4, 9:15 GAY 111

### - 2:4 General [z]

### - 2:11,

2:11 general 121 - 13:12,

16:14 generating [I] 

# - 23123 government 121 

### -

17:14 grace (11 

### - 19:21 grant111 

### - ll:13 GRANTHAM[el

# -

2:lO. 7:2, 8:5, 8:8. 9:12. 17:23, 25:6. 25:14 Grantham (51- 313,

8:9,25:5. 25:13. 25:25 great [I] 

### - 24:20 guess li]

### - 18:9

half [I] 

### - 13:l HAROLD [I] - 2:3 Harold [I] 

### - 2:6 health [I] 

### - 4:24 heard [z] 

### - 6:15, 25~23 hearing1271

### - 1:17.

4:1, 4:3,4:4, 4:14, 4:22, 5:16, 5:20, 5:23, 5:24, 6:4, 6:10, 6:12, 6:18, 6:20, 6:22, 7:5, 7:10, 7:11, 8:17, 8:18, 17:3, 25:10,25:23, 26:8. 28:5 Hearing 191

### - 2:3, 3:16, 3:17, 5:18, 7:2, 8:5, 17:23, 20:22, 25:14 hearings [I] 

### - 24:19 help 121 - 12:8, 25:2 HEREBY(11 

### - 2814 Herrera [z]

### - 20:23, 26:24 HERRERA(31

### - 2:4,

20:24, 26:23 high [4]

### - 14:22,

21:14, 21:22, 22:l highway [2] 

### - 10:8,

23:l hinder [I] 

### - 12:9 hits [I] 

### - 23:6 hold[I] 

### - 24:19 honestly111- 22:21 hour 141 - 1:20, 15:9,

15:18, 23:20 housing 111 - 2224 huge 111

# - 23:5

identical[i]- 6:24 identified [i] 

### - 5:24 identify [I] 

### - 5:21 ignorance (11

### - 19:21 impartial [I] 

### - 6:13 Implementation 141

### -

8:13, 11:2, 12:7, 23:21 implementation 13)

### -

9:21, 17:20, 19:4 IMPLEMENTATION

[i]

### - 115 important [i]

### - 12:18 impossible [I] 

### - 24:8 IMPROVEMENTp]

### -

1 :l Improvement 161

### -

1:18. 2:2. 2:5, 4:17, 7:23, 17:18 IN [I] - 1:4 indepth [i]

### - 22:21 include 121

### - 13:15, 21:12 included 141

### - 8:21.

11:7, 1319,13:ll including 131 

### - 4:22,

4:25, 24:22 individual[z]

### - 7:25,

8:l industry[il-23:16 information [I] 

### - 4:13 initiation [I] 

### - 9:22 Injury[i]

### - 4:23 instead [i]- 19:4 intends 111 

### - 5:22 Intent [q- 8:20, 13:9 interest [z]- 4:25,

28:12 interested [2]

### - 4:9.

5:12 interesting [I] 

### - 24:14 Interference [I] 

### - 4:23 involved[I] 

### - 28:ll issuep]

# - 16:4, 17:21.

23:18 issued [I] 

### - 17:19 lT~i] 

### - 1:16 item [i]- 18:19

January[z]

### - 3:12,

8:25 Juan 111

### - 15:17 Juarez [I] 

### - 24:l jurisdiction [I] 

### - 14:14

KATHI (I] 

### - 2:3 Kathi[z]

### - 4:4, 6:3 KOPAN 111 - 28:18

land 121

### - 22: 13, 22:25 language 131

### - 9:23,

13:16, 26:5 lapse 141

### - 19:21, 20:9,

20:11,20:20 large 121

### - 21:6,21:24 last [z]

### - 12:25, 18:19 lead [i] 

### - 12:13 least [I] 

### - 22:lO leave [i] - 4:2 Legacy [il

# - 334 legislative 111

### - 11:9 lessill

### - 14:18 levels [it

### - 21:14 License 111

### - 28:19


### KATHYTOWNSEND COURT F 

### 505-243-50 18 life [I] 

### - 4:24 light [i]

### - 5:9 likely [I] - 22:9 limited [I] 

### - 4:22 located 111

### - 14:15 logical [i]

### - 26:6 look 121

### - 1911, 24:ll LU 131 

### - 13:6, 13~8,

13:ll

ma'am 121- 19:17,

25:6 machine [I] 

### - 28:6 Madam[el

### - 5:18,7:2,

8:5, 10:23, 17:23, 18:16. 20:21, 25:14 main [z]

### - 1314, 20:12 majority [I] - 4:13

man [i] - 22:19 man-made [i] 

### - 22:19 management [i] 

### - 22:14

manner [il

### - 6:13 March 131

### - 8:20,

15:12, 15:15 marked [4] 

### - 10:16,

11:17, 16:21, 17:7 MARKEDIADMITTED

111 

### - 3:7 master's[i] - 1013 material 121

### - 11 :9,

11:lO MATTER [I] - 1:4 matterlia]- l:17,

5:25, 6:5, 7:1, 8:11, 12:14, 12:15, 28:12, 28:13

mean [I] 

### - 11:22

means [i]- 20:9 meeting 141

### - 6:6,

8:18, 8:19, 27:ll member [r]- 6:4 members 141

### - 7:20.

7:22, 7:23, 27:l Members [z]

### - 10:23,

17:24 MEXICO [ZI 

### - 17, 28:l Mexico [a]

### - 1:18,

1:20, 2:9, 3:17, 8:10, 9:17, 10:24, 10:25, 11:4, 13:21, 13:23, 14:3, 14:9, 14:12. 14:14, 1436, 15:3, 15:7, 16:14, 16123, 17:11, 24:5, 24:7, 26: 15 Mexico's (I] - 11:13 name [4]

### - 6:3, 8:9, 9:13, 9:15 national [i] - 21:22 National [4] 

### - 10:6,

15:9, 15:18, 19:7 Natural (21- 21:20,

22:17 necessary 131

# - 6: 19,

12:21, 13:2 necessity [i]- 5:4 need 141

# - 6:23, 24:5.

26:5, 27:2

new 151

### - 15:8. 15:18,

15:24, 19:12, 19:13 NEW 121- 1~1, 28:l New 1261

# - 1:18, 1:20, 2:9, 3:17, 8:10, 9:17, 10:24, 10:25, 11:4, 11:9, 11:13, 13121, 13:23, 14:3, 14:9, 14:11, 14:14, 14:16, 15:3. 15:7. 16:14. 16:23, 17:11, 24:5, 24:7. 26:15 newspaper 121-

16:14, 16:24 newspapers' 111

### -

16:15 next [21- 26:1,27:11 nitrogen[i]- 1213 NM [3] 

### - 217, 2~12, 28:18 NMAC[6]

### - 1:4, 3:11, 

# _ microns 131 - 12:14, 12:15. 14:18 might[il

### - 17:22 million[i]

### - 15:lO ministerial [I] 

### - 16:5 miss [z]- 20:7, 20:8 mobile 151- 12:19,

14:22, 14:24, 2219, 23:16 modification [I] 

### - 26:5 

# 1 modify [I] - 26:4 

## 7 monitoring [il

### - 1520

morning[2j

### - 8:8, 9:13 most [i]

### - 22:9 Most (11 

### - 13:2 motion 181- 26:8,

26:9, 26:12, 26:15, 26:19, 26:22,27:5, 27:8 motor lt]- 19:13 Motor[I] 

### - 24:9

move [I] - 17:25 

# , must [ti

### - 12:6

### EIB HEARING,4/6/09

4:2, 6:1, 11:5, 26:17 NMED [lo]

### - 3:8,

10:16, 11:17, 13~9, 13:11, 15:22, 16:21, 17:7, 18:1, 185 NMSA[i]-4:18 nonattainment 1311

### -

11:25, 12:4, 12:7, 12:10, 12:11, 12:17, 14:11, 14:15, 14:17, 14:20, 14:21, 15:1, 15:5, 15:12, 1515, 15:18, 21:2, 21:5, 21:8, 21:10, 21:19, 21:25, 22:3, 225, 22:9, 22:10, 23:15. 23: 19. 23:24. 24:2, 24:8 noncompliance [I] 

### -

11:25

none [i]

### - 5:24 note [zj- 4:16.7:18 notes [i] 

### - 28:6 nothing[i]- 24:9 Notice 141 

### - 3:12, 3:17,

8:20, 13:9 notice 1101 - 16:3,

16:12, 16:13, 16:15, 16:20. 16:22. 16:23, 16:24, 17:3, 17:19 Notices [I] - 3:16 notices 141- 4:9,

16:18, 17:7 nullify [I] - 26:3

oath [2]

### - 7:12, 9:9

occur [I] 

### - 7:21 October [I] - 8:18 OF [6]

# - 1:I, 1:4, 1:5,

1:12, 28:1, 28:3 Office 111 

### - 2:11 officer 141

### - 4:4, 521,

6:4. 6:18 Officer [7] 

### - 2:3. 5:18,

7:2, 8:5, 17:24, 20:22, 2514 officially [I] 

### - 15:ll Old [I] 

### - 1:19

one [a]

### - 11:25, 12:12,

14:8, 14:13. 15:14. 20:12, 23:20 One [I] - 15:7 one-hour [I] 

### - 23:20

one-on-one [I] 

### - 14:8 opening 131- 7:13,

8:4, 8:6 opportunity [2[ 

### - 5:13. 6:15 opposed [z]

# - 24:25,

27:7 optional [I] 

### - 25:19 oral

### w 

### - 5:10. 9:2,

2517 orally [I] 

### - 5:15 ordered [i]- 18:2 orderly [I] 

### - 6:20 orders [I] - 6:19 original [I] 

### - 26:6 otherwise (21

### - 5:6,

25x16 outgrowth [I] 

### - 26:6 outreach [I] 

### - 9:24 overall [I] - 13:12 overgrazing 131

### -

22:13, 22:25, 23:12 overlap [I] 

### - 21:5 oxides p]

### - 12:13,

18:23. 195

ozone 161

# - 12:13,

139. 15:24. 21 :4, 21:14. 24:7

-

. - --

. - 

### P

P.L [I] 

### - 3:14 page 121

### - 18:17, 18:20 PAGE [I] 

### - 3:l pagers [I] - 6:22 panel 121

### - 7:20, 7:22 panels [z]- 7:25, 8:2 Park [lo]

### - 15:7, 21:4, 21:10, 21:13, 23:17, 23:19, 23:22, 24:12. 24:19, 24:21 Part[6]- 11:12, 12:21,

12:23, 14:19, 154 part[S]-5~11, 11:13. 20:7,22:10, 25:lO particular 121

# - 12:22,

13:19 particulate 131 - 12:14,

12:15 parties [J]- 4:9, 513,

28:ll parts [I] 

### - 15: 10 party 131 

### - 4:10, 7:12,

8:3 Paso [I] 

### - 24:l per [i] 

### - 15:lO period [5] - 16:8,

19:22, 20:2, 20:3, 20:4 personal [z]

### - 28:7,

28:12 persons[z]

### - 6:15,

6:21 PETERS [6]

### - 2:5, 21:1, 21:4,21:16, 22~12, 23:8 Peters [I] 

### - 20:25 petition (21- 6:8, 8:15 phones [I] 

### - 6:22 place [q

### - 17:21,

18:23. 21:20, 22:2, 22:8 Plan 141- 8:13, 11:2,

22:17, 23:21 PLAN [I] 

# - 1:5 plan 121 

### - 17:20, 20:8 planning (51

### - 10:13,

13:15, 17:13, 20:10, 22: 1 Plans 141

### - 6:2, 8:13,

11:2, 12:8 plans 161

### - 9:22, 12:6,

20:5, 20:17, 26:17 PLANS[I] 

### - 1:5 plant [I] 

### - 4:24 plays [I] 

# - 22:lO PM10 (4

### - 14:17,

14:18, 14:21. 21:5, 21:8, 22:15, 23:12 PM2.5 [I] 

### - 19:3 point [I] - 259 Policy[2]

### - 10:7, 21:21 pollutant [I] - 19:6 pollutants [z]

### - 12:l.

12:12 pollution [2] - 12:5.

12:20 poor [I] 

### - 22:13 portions [I] - 13:8 position [2]

### - 10:1,

10:4 possibly 111 - 24:ll potential [I] 

### - 22:19 practicability[I] 

### - 5:4 prepare [I] 

### - 11:20 present [z]

### - 4:9,

10:24 presentations [I] -

14:9 presented (31

### - 4:13,

4:15,4:21 presently [I] 

### - 14:13 preserve [I] - 6:19 previously [I] 

### - 6:25 primacy [I] 

### - 17:22 primary [I] - 12:20 problem [I] 

### - 12:5 problematic [I] -

22:15 problems[I] - 23:13 Procedure [I] 

### - 6: 17 procedures [i]- 6:11 Proceedings [I] 

### - 27:15 proceedings [I] 

### - 28:9 PROCEEDINGS 111 -

1:12 process [7] - 5:23,

6:20, 7:11, 12:8, 17:13, 22:1, 26:2 Programs 131

### - 6:2,

8:13, 11.2 programs [I] 

### - 26:18 PROGRAMS [I] - 1:5 progress [I] 

### - 13:16 Projects 131- 6:2,

834, 11:3 PROJECTS[I] 

### - 1:5 projects 161

# - 9:22,

10:8, 12:3, 12:6, 23:2, 26:18 promulgated 131 

### -

8:25, 11:24, 13:6 property [I] - 4:24 proposal 131

### - 26:4.

26:6, 26:7 proposed 1211

### - 4:2,

5:13, 5:14, 5:25, 8:11, 10125, 1115, 11:6, 11:8, 12:23, 13:13, 14:19, 14:23, 154, 16:8, 17:17, 26:3, 26:8, 26:16, 26:20, 27:6 Proposed [I] 

### - 3:11 PROPOSED 111 

### - 1:4 protect [I] 

### - 6:20 Protection 131

### - 8:10,

9:18. 15:22 provide [4]

### - 6:14. 7:8.

9:1, 16:7 provisions [I] 

### - 4:17 Public[i]- 16:12 public1101 - 4:22,

4:25, 522. 7:16, 9:23, 16:7, 16:17, 16:20, 259, 25:ll published [3] - 16:13,

16:16, 17:4 purpose (21

### - 10:22.

122 put [Z]

### - 17:20, 21120

Quality [el

### - 9:19,

9:20, 13:24, 13:25, 15:9, 15:19, 16:7, 19:7 quality [I] - 17:13 questioned [I] 

### - 9:10 questioning [I] 

### - 7:18 questions 191

### - 7:20,

7:24, 9:1, 17:24, 18:10, 18:12. 24:17, 25:3, 25:7

R) 111 

### - 6:2 rather [I] 

### - 12:8 read [I] - 4:6 ready [5]

### - 4:1, 25:22,

26:8, 26:9, 26:ll really [2] - 23:10, 24:7

reason [I] - 22:4 reasonable [z]- 513,

6:14 reasonableness [I] 

# -

5:5 Reasons [I] 

### - 27:ll 

# I rebuttal [4]

### - 7:15, 18:8, 25:4, 25:6 receive [I] 

### - 16:17 recitation (I] 

### - 7:8 recommended [I] -

21:ll record[el

# - 4:6, 6:16,

7:17, 8:8, 9:14, 16:2, 2524, 28:8 recorded [I] 

### - 28:5 redesignate [I] - 22:6 reducing[I] 

### - 5:5 referpi- ll:ll,

11:15. 15:16 reference [z]

### - 14:25,

19:8 refers[I] 

### - 18:22 reflects [I] 

### - 1 1:4 regarding [2] 

### - 7:1,

9:2 regardless [I] 

### - 24:l region [I] 

### - 23:14 regional [2]

### - 10:1 3, 235 Register [s]- 3:12,

3:17, 1635, 16:22, 16:23 regularly [I] 

### - 8:17 regulated [I] 

### - 5:2 regulation (51- 4:19,

5:14, 11:12, 14:1, 14:2 regulations 121

### -

16:13, 19:14 regulatory [3[ 

### - 8:15,

9:23. 26:3 reject [I] 

### - 26:4 relating [I] 

### - 7:9 relative [I] - 28:lO

I I I 

### KATHY TOWNSEND COURT REPORTERS 505-243-501 8

### EIB HEARING, 4/6/09

wishes [I] 

### - 25:ll witness [6] - 7:3. 7:25,

8:2. 9:5, 17:25. 18:8 witness' [I] 

### - 25:17 witnesses [a]

# - 5:16,

7:14. 7:15, 7:16, 7:19, 7:21, 7:25, 8:2 ' writing [?.I 

### - 5:15, 25:16 written [13] 

### - 4:14,

6:24, 7:4, 7:7, 8:21, 912, 1117, 11:15, 13:18, 1511, 16.4, 18:18, 25:17 Written [I] 

### - 3:10

year-and-a-half [I] 

### -

13:l years 131

### - 10:2, 20:15.

24:19 yourself [I] - 11:20

I 

### KATHY TOWNSEND COURT REPORTERS 505-243-5018