SUSANA MARTINEZ Governor JOHN A. SANCHEZ Lieutenant Governor



## October 11, 2012

Mr. 

## Ron Curry Regional Administrator State ofNew Mexico ENVIRONMENT DEPARTMENT 

# Office of the Secretary

Harold Runnels Building 1190 Saint Francis Drive, PO Box 5469 Santa Fe, NM 87502-5469 Telephone (505) 827-2855 Fax (505) 827-2836 www.nmenv.state.nm.us

U.S. Environmental Protection Agency, Region VI (6-RA) 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733

Subject: Proposed revision to the State Implementation Plan for Air Quality by amending 20.11.3 NMAC Transportation Conformity



## Dear Mr. Curry: DAVE MARTIN Secretary BUTCH TONGATE Deputy Secretary**~** ):.> N 

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I am writing on behalf of Governor Susana Martinez to request approval of the attached documentation which will serve as the basis for a revision to the New Mexico State Implementation Plan for air quality (SIP). Specifically, I am submitting documentation for the proposed amendments to the regulation, Transportation Conformity, 

## 20.11.3 NMAC, which applies solely to Bernalillo County, New Mexico.

The Albuquerque

- Bernalillo County Air Quality Control Board (Air Board) adopted these amendments at their regular monthly meeting following a public hearing held on September 12, 2012. The public hearing was held in accordance with the public notice and State laws and constitution and the public hearing requirements of 40 CFR 51.102. To facilitate your review, two hard copies of this SIP submittal, along with three exact duplicates in electronic form are enclosed. I believe that the submitted materials provide adequate documentation to support the requested SIP revision.

To facilitate your review and processing, the following materials are enclosed:

1) SIP Completeness Checklist pursuant to 40 CFR 51;

2) Hearing record, including transcript and exhibits;

3) Comments and responses;
4) The proposed SIP revision for 20.11.3 NMAC, Transportation Conformity; 

## adopted by the Air Board; and

## 5) Other supporting documentation.

Your favorable consideration of this request is appreciated. If you have any questions, please contact Mary Lou Leonard, Director of the Albuquerque Environmental Health Department (EHD), at (505) 768-2631.

Sincerely,

# /:)~h~ Dave Martin Cabinet Secretary New Mexico Environment Department

cc: Honorable Susana Martinez, Governor, State of New Mexico Richard Goodyear, Chief, Air Quality Bureau, NMED Mary Rose, Acting Director, Environmental Protection Division, NMED Dr. Dona Upson, Chair, Albuquerque

- Bernalillo County Air Quality Control Board Mary Lou Leonard, Director, Albuquerque Environmental Health Department Bill Westmoreland, Deputy Director, Albuquerque EHD Margaret Nieto, Control Strategies Section Supervisor, Air Quality Division, EHD

Enclosures

# SUBMITTAL LETTER FROM EHD DIRECTOR TO GOVERNOR'S DESIGNEE

# CITY OF ALBUQYERQYE

POBox 1293

Albuquerque

NM87103

www.cabq.gov 

### September 28, 2012

F. 

### David Martin Cabinet Secretary, NM Environment Department Office of the Secretary Harold Runnels Building 1190 Saint Francis Dr., PO Box 5469 Santa Fe, New Mexico 87502-5469

SUBJECT: Endorsement of request of the US. Environmental Protection Agency (EPA) to consider a revision to the New Mexico State Implementation Plan (SIP) for Air Quality by amending 20.11.3 NMAC 

### Transportation Conformity

Dear Secretary Martin,

I am writing to request your endorsement of the attached draft transmittal

letter to the EPA requesting approval of the recently amended regulation 20.11.3
NMAC, 

### T ransporfation Conformity, and incorporation as a revision to the SIP on behalf

of the Albuquerque

- Bernalillo County air 

### authority.

This amendment was adopted pursuant to Title I of the Clean Air 

### Act

Amendments of 1990, by the Albuquerque

- Bernalillo County Air 

### Quality Control

Board (Air 

### Board) at its regular monthly meeting following a public hearing held on September 12, 2012. The public hearing was held in accordance with the public

notice and State laws and constitution and the public hearing requirements of 40

CFR 51.102. The following materials are attached for your review (on CD) and will

be provided to EPA as adequate documentation to support the requested SIP

revtston: 

### 1) SIP Completeness Checklist pursuant to 40 CFR 51, Appendix V;
2) Hearing record, including transcripts and exhibits;
3) Public comments and responses;

Albuquerque · Making History 1706-2006

### 4) The final SIP revision for 20.11.3 NMAC, 

### Transportation Conformi!J adopted by the Air Board; and
5) Other supporting documentation.

My request directly to you is following Governor Martinez's May 25, 2012 designation

of signature authority to you on these matters. Once the transmittal letter is signed,

if you would please provide me with the original, the Albuquerque Environmental

Health Department will then forward all 

### documents to EPA. Thank you for your
assistance in this matter. If 

### you have questions or need clarification, please contact

me or Margaret Nieto of my staff at (505) 768-2637.

Sincerely,

# ~~-~/c/ M ry u Leonard / Dire tor Albuquerque Environmental Health Department

cc: Honorable Susana Martinez, Governor, State of New Mexico Richard Goodyear, Acting Chief, Air Quality Bureau, NM Environment Department Mary Rose, Acting Manager, Environmental Protection Division, NMED Bill Grantham, Assistant General Counsel, NMED Dr. Dona Upson, Chair, Albuquerque

- Bemalillo County Air Quality Control Board Bill Westmoreland, Deputy Director, Albuquerque EHD Margaret Nieto, Control Strategies Section Supervisor, Air Quality Division, EHD

Enclosures

2

## 1 REVISION TO THE NEW MEXICO STATE IMPLEMENTATION PLAN

PERTAINING TO 20.11.3 NMAC, TRANSPORTATION CONFORMITY

October, 2012

SIP COMPLETENESS CHECKLIST for regular processing (per 40 CFR 51 Appendix V)

2.1 Administrative Materials

(a) A formal letter of submittal from th e Governor or his designee, requesting EPA approval of the plan or revision thereof (hereafter "the plan").

__X__YES ___NO ___N/A

The package is being sent with a formal submittal letter from the designee of Governor of New Mexico.

(b) Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, consent agreement (hereafter "document") in final form. That evidence shall include the date of adoption or final issuance as well as the effective date of the plan, if different from the adoption/issuance date.

__X__YES ___NO ___N/A

The SIP revision to incorporate amendments to 20.11.3 NMAC, Transportation Conformity, was adopted on September 12, 2012 at the regular meeting of the Albuquerque - Bernalillo Coun ty Air Quality Control Board, following a public hearing held on the same night. The regulation was filed with the New Mexico State Records Center on September 14, 2012, and became effe ctive October 15, 2012, as shown in Attachment A. The first page of Attachment A is the transmittal of the regulation to the State Records Center signed by Air Board Vice Chair Dr. Margaret Menache, and the date of transmittal is indicated by the date stamp at the top of the page

. (c) Evidence that the State has the necessarylegal authority under State law to adopt and implement the plan.

__X__YES ___NO ___N/A

The New Mexico Air Quality Contro l Act provides for regulation at 74 -2- 5.1 NMSA 1978, Duties and powers of th e department and the local
agency; and for plan revisions at 74-2-5.2 NMSA 1978, State air pollution

## 2 control agency; specific dutie s and powers of the department.
(d) A copy of the actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication of the changes made to the existing approved plan, where appli cable. The submittal shall be a copy of the official State regulation/document signed, stamped, date d by the appropriate State official indicati ng that it is fully enforceable by the State. The effective date of the regulation/document shall, whenever possible, be indicated in the document itself.

__X__YES ___NO ___N/A

Attachment A contains a copy of the regulation and transmittal filed at the State Records Center and the date of transmittal is indicated by the date stamp at the top of the page. The changes made to the existing approved regulation/plan were published on Se ptember 28, 2012 in the New Mexico Register, Volume XXI, Number 20, as shown in Attachment B.

(e) Evidence that the State followed all of the procedural requirements of the State's laws and constitution in conducting and completing the adoption/issuance of the plan.

__X__YES ___NO ___N/A

The New Mexico Air Quality Control Act 74-2-6C requires 30-day notice. See AQD Exhibits # 2a and 2b in Atta chment C for evidence that notices were published in the local newsp aper and the New Mexico Register. 20.11.82 NMAC requires that a Petition for Hearing be filed as well as an NOI. These are both shown in Attachment C.

(f) Evidence that public no tice was given of the proposedchange consistent with procedures approved by EPA; including th e date of publicatio n of such notice.

__X__YES ___NO ___N/A

See AQD Exhibits # 2a & 2b in Attachment C as evidence that notices were published in the local newspaper and the New Mexico Register. In addition, notice was also provided in the form of an e-mail sent to the air quality listserve, shown as AQD Exhibit # 2c. The New Mexico Air Quality Control Act at 74-2-6C NMSA 1978, Adoption of regulations; notice and hearings requires a 30-day notice.

(g) Certification that publichearing(s) were held in accordance with the information provided in the public notice and the State' s laws and constitution, if applicable.

__X__YES ___NO ___N/A

## 3 The opening statement for the September 12, 2012, public hearing includes information on the notice of public hearing and instructions on how the hearing will be conducted. See certified hearing record transcript in Attachment D.

(h) Compilation of public comments and the State's response thereto.

__X__YES ___NO ___N/A

See AQD Exhibit # 6 in Attachment C for public comments and State’s response thereto.

2.2 Technical Support

(a) Identification of all regulated pollutants affected by the plan.

__X__YES ___NO ___N/A

Carbon monoxide emissions in Bernalil lo County are affected by the plan.

(b) Identification of the locations of aff ected sources including the EPA attainment/ nonattainment designation of the locations and the status of the attainment plan for the affected area(s).

__x__YES ___NO ___N/A

20.11.3 NMAC, Transportation Confor mity, is applicable to transportation projects in Bernalillo County, New Mexico. Bernalillo County is currently designated as an attainment area for carbon monoxide under a limited maintenan ce plan. The designation from non-attainment to attainment under a maintenance plan, was approved for Bernalillo County on June 13, 1996 and became effective July 15, 1996. The maintenance plan was revised and was approved in the Federal Register on May 24, 2000. The Albuquerque - Bernalillo County Air Quality Control Board adopted a Limited Ma intenance Plan for Carbon Monoxide on July 14, 2004, which was approved in the Federal Register on 7/21/05 effective 8/22/05.

(c) Quantification of the changes in pl an-allowable emissions from the affected sources; estimates of changes in current actual emissions from affected sources or, where appropriate, quantification of changes in actual emissions from affected sources through calculations of the differen ces between certain baseline levels and allowable emissions anticipated as a result of the revision.

## 4 ____YES ___NO __X__N/A

This plan revision does not c hange plan-allowable emissions.

(d) The State's demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protectedif the plan is approved and implemented. For all requests to redesignate an area to attainment for a national primary ambient air quality standard, under Section 107 of the Act, a revision must be submitted to provide for the maintenance of the national primary ambient air quality standards for at leas t 10 years as required by section 175A of the Act.

___YES ___NO __X__N/A

(e) Modeling information required to support the proposed revisi on, including input data, output data, models used, justif ication of model selections, ambient monitoring data used, meteorological data used, justification for use of offsite data (where used), modes of models used, assumptions, and other information relevant to the determination of adequacy of the modeling analysis.

__ YES ___ NO __X_ N/A

(f) Evidence, where necessary, that emission limitations are based on continuous emission reduction technology.

___ YES ___ NO _X_ N/A

(g) Evidence that the plan contains emission limitations, work practice standards and record keeping/reporting requirements, where necessary, to ensure emission levels.

__ YES ___ NO __X_ N/A

(h) Compliance/enforcement strategies, in cluding how compliance will be determined in practice.

__ YES ___ NO __X_ N/A

(i) Special economic and technical jus tification required by any applicable EPA policies, or an explanation of why su ch justifications are not necessary.

## 5 ___ YES ___ NO _X_ N/A

# ATTACHMENT A

Attachment A contains the transmittal form required by the New Mexico State Records Center to file a regulation or an amendment. The form is 

### signed by AQCB Vice Chair Dr. Margaret Menache. Also included in Attachment A is 

### the official filed copy of the amended regulation. The date stamp at the top of the transmittal form indicates the date of filing.

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This is an amendment to 20.11.3 NMAC, Sections 7, II, 105, 109, 116, 118, 119, and 121, effective 10/15/12.

20.11.3. 7 DEFINITIONS: Terms used but not defined in 20.11.3 NMAC shall have the meaning given to them by the CAA. Titles 23 and 49 U.S.C., other EPA regulations, or other DOT regulations, in that order of priority. In addition to the definitions in Section 20.1 I .3.7 NMAC, the definitions in 20.1 I. I NMAC shall apply unless there is a conflict between definitions, in which case the definition in 20.1 I .3 NMAC shall govern. A. I" I**he~r** lnBBO**!>if.,~QS"** meaRs the l lleur 9i!9Re Ratieaa! ameieat air**~uality** staaaara eeailiea
at 40 CfR 30.9.] Reserved B. 

### 1"8 heur ••eRe I'IAAQS" meaRs the 8 lleur 9i!9Re RatieRai ameieRt air**~uali~·** stanaara eeailiea
at 40 CfR 30.1Q.] Reserved 

### C. l"ll**he~r** 

### PM...,I'IAA.QS" means the 24**lle~r** PM..., Ratienai ameieRt air**~uali~·** stanaara eeaifiea
at 40 CfR 30.6.] Reserved D. 1"1997 

### PM..,I'IA.AQS" means the PM.,. Ratieaal ambieat air**~uality** staaaaras eea;,fiea at 4Q CfR 30.7.] Reserved E. 1"2006 

### PM..., I'IAAQS" meaRS IRe 24 !leur PM,. Ratienal ameient air**~uali~·** stanaara eeaifiea at 40 CI'R §Q.Ll.] Reserved F. "Air agency" means the air quality division (AQD) of the city of Albuquerque environmental health department (EHD). The EHD, or its successor agency or authority, as represented by the department director

or his designee, is the lead air quality planning agency for Albuquerque-Bernalillo county nonattainment/ maintenance areas. The EHD serves as staff to the AQCB and is responsible for administering and enforcing AQCB regulations. G. "Albuquerque metropolitan planning area (AMPA)" means the portion of New Mexico state planning and development district 3 that comprises the area for which federal transportation funding allocated for

areas of a 200,000 or greater population is expended. The AMPA is described in the MPO's most recent transportation planning documents. H. I"Aaaual 

### PM ,.I'IA:I.QS" meaRs the ftRRUal PM.,.rlatienal arneient air**~uali~·** staa!lara that !;PA re¥ekea eR Qeeemeer 18, 2006.] Reserved I. "Applicable implementation plan" is defined in Section 302(q) of the CAA and means the portion (or portions) of the implementation pian, or most recent revision thereof, which has been approved under Section I I 0, or promulgated under Section I I 0( c), or promulgated or approved pursuant to regulations promulgated under Section JOI(d) and which implements the relevant requirements of the CAA. 

### J. "CAA" means the Clean Air Act, as amended (42 U.S.C. 7401 et seq.). 

### K.**~'Cause** 

### or contribute to a new violation" for a project means: (I) to cause or contribute to a new violation of a standard 

### in the area substantially affected by the project or over a region which would otherwise not be in violation of the standard during the future period 

### in question if the project were not implemented; 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 an area. L. "Clean data" means air quality monitoring data determined by EPA to meet the applicable requirements of 40 CFR (Part] Parts 50 and 58 

### (tHat] and to indicate attainment of 

### (tfte]l! national ambient air quality standard. 

### M. ''Conformity analysis" means any regional emissions analysis or localized hot-spot computer modeling assessments or any other analyses, which serve as the basis for the conformity determination. 

### N.**~'Conformity** 

### determination" means the demonstration of consistency with motor vehicle emissions budgets or with the appropriate interim emissions test identified at 20.1 I .3. I I 8 NMAC for each pollutant and precursor identified in the applicable SIP. The conformity determination is the affirmative written documentation declaring conformity with the applicable implementation plan, which is submitted to FHWA and FT A for approval with EPA consultation. An affirmative conformity determination means conformity to the plan's
purpose of eliminating or reducing the severity and number of violations of the national ambient air quality standards and achieving expeditious attainment of such standards; and that such activities shall not: (I) 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. 0. "Consultation" means the process by which the affected agencies identified in 20. I I .3.1 05 NMAC confer with each other, provide to the agencies all relevant information needed for meaningful input and,

20. I 

### 1.3 NMAC

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 1 This is an amendment to 20.11.3 NMAC, Sections 7, 11, 105, 109, 116, 118, 119, and 121 , effective 10/15/12

.

20.11.3.7 DEFINITIONS : Terms used but not defined in 20.11.3 NMAC shall have the meaning given to them by the CAA, Titles 23 and 49 U.S.C., other EPA regulations, or other DOT regulations, in that order of priority. In addition to the definitions in Section 20.11.3.7 NMAC, the definitions in 20.11.1 NMAC shall apply unless there is a conflict between definitions, in which case the definition in 20.11.3 NMAC shall govern. A. [ “ 1

- hour ozone NAAQS ” means the 1

- hour ozone national ambient air quality standard codified at 40 CFR 50.9. ] Reserved B.[ “ 8

- hour ozone NAAQS ” means the 8

- hour ozone national ambient air quality standard codified at 40 CFR 50.10

. ] Reserved C. [ “24

- hour PM 10 

### NAAQS” means the 24

- hour PM 10 

### national ambient air quality standard codified at 40 CFR 50.6. ] Reserved D. [ “1997 PM 2.5 

### NAAQS” means the PM 2.5 

### national ambient air quality standards codified at 40 CFR 50.7. ] Reserved E. [ “2006 PM 2.5 

### NAAQS” means the 24

- hour PM 2.5 

### national ambient air quality standard codified at 40 CFR 50.13. ] Reserved F. “Air a gency ” means the air quality division (AQD) of the city of Albuquerque environmental health department (EHD). The EHD, or its successor agency or authority, as represented by the department director or his designee, is the lead air quality planning agency for Albuquerque

- Bernalillo county nonattainment/ maintenance areas. The EHD serves as staff to the AQCB and is responsible for administering and enforcing AQCB regulations. G. “Albuquerque metropolitan p lanning a rea (AMPA) ” means the portion of New Mexico state planning and development district 3 that comprises the area for which federal transportation funding allocated for areas of a 200,000 or greater population is expended. The AMPA is described in the MPO’s most recent transportation planning documents. H. [ “Annual PM 10 

### NAAQS” means the annual PM 10 

### national ambient air quality standard that EPA revoked on December 18, 2006. ] Reserved I. “Applicable i mplementation p lan” 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, or promulgated under Section 110(c), or promulgated or approved pursuant to regulations promulgated under Section 301(d) and which implements the relevant requirements of the CAA. J. “ CAA ” means the Clean Air Act, as amended (42 U.S.C. 7401 et seq.). K. “ Cause or c ontribute to a n ew v iolation” for a project means: (1) to cause or contribute to a new violation of a standard in the area substantially affected by the project or over a region which would otherwise not be in violation of the standard during the future period in question if the pro ject were not implemented; 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 an area. L. “ Clean d ata” means air quality monitoring data determined by EPA to meet the applicable requirements of 40 CFR [ Part] Parts 50 and 58 [ that] and to indicate attainment of [ the ] a national ambient air quality standard. M.“ Conformity a nalysis ” means any regional emissions analysis or localized hot

- spot computer modeling assessments or any other analyses, which serve as the basis for the conformity determination. N. “ Conformity d etermination ” means the demonstration of consistency with motor vehicle emissions budgets or with the appropriate interim emissions test identified at 20.11.3.118 NMAC for each pollutant and precursor identified in the applicable SIP . The conformity determination is the affirmative written documentation declaring conformity with the applicable implementation plan, which is submitted to FHWA and FTA for approval with EPA consultation. An affirmative conformity determination means conformity to the plan’s purpose of eliminating or reducing the severity and number of violations of the national ambient air quality standards and achie ving expeditious attainment of such standards; and that such activities shall not: (1) cause or contribute to any new violations of any standard in any area; (2) increase the frequency or severity of any exis ting 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. O. “ Consultation” means the process by which the affected agencies identified in 20.11.3.105 NMAC confer with each other, provide to the agencies all relevant information needed for meaningful input and,

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 2 prior to taking any action, consider the views of the other agencies and (except with respect to those actions for which only notification is required and those actions subject to Subsection C of 20.11.3.105 NMAC and Subparagraph (g) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC) respond in writing to substantive written comments in a timely manner prior to any final decision on such action. P. “ Control s trategy i mplementation p lan r evision” means a revision to the implementation plan that contains specific strategies for controlling emissions of and reducing ambient levels of pollutants 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) , 182(b)(1), 182(c)(2)(A), 182(c)(2)(B), 187(a)(7), 187(g), 189(a)(1)(B), 189(b)(1)(A) and 189(d); Sections 192(a) and 192(b), for nitrogen dioxide; and any other applicable CAA provision requiring a demonstration of reasonable further progress or attainment). Q. “Design c oncept” means the type of facility identified by the project, e.g., freeway, expressway, arterial highway, grade

- separated highway, reserved right

- of

- way rail transit, mixed

- traffic rail transit, exclusive busway, etc. R. “Design s cope” or “ s cope” means the design aspects that shall affect the proposed facility’s impact on regional emissions, usually as they relate to vehicle or person carrying capacity and control, e.g., number of lanes or tracks to be constructed or added, length of project, signalization, access control including approximate number and location of interchanges, preferential treatment for high

- occupancy vehicles, etc. S. “Donut a reas” mean s geographic areas outside a metropolitan planning area boundary, bu t inside the boundary of a nonattainment or maintenance area that contains any part of a metropolitan area(s). These areas are not isolated rural nonattainment and maintenance areas. T. “DOT ” means the United States department of transportation. U. “ EPA ” means the United States environmental protection agency. V. “FHWA” means the federal highway administration of the DOT. W. “ FHWA/FTA p roject” means any highway or transit project that is proposed to receive funding assistance and approval through the fe deral

- 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. X. “ Fiscally c onstrained” means, consistent with DOT’s metropolitan transportation planning regulations at 23 CFR Part 450

. Y. “ Forecast p eriod” means, with respect to a transportation plan, the time period covered by the transportation plan pursuant to 23 CFR Part 450. Z. “ FTA ” means the federal transit administration of the DOT. AA . “ Highway p roject” means an undertaking to implement or modify a highway facility or highway

related program. Such an undertaking consists of all required phases necessary for implementation. For analytical purposes, it shall be defined 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 tran sportation improvements in the area are made; and (3) not restrict consideration of alternatives for other reasonably foreseeable transportation improvements. BB.“ Horizon y ear” means a year for which the transportation plan describes the envisioned transportation system according to 20.11.3.106 NMAC. CC. “ Hot -s pot a nalysis ” means an estimation of likely future localized CO, PM 10 

### and PM 2.5 

### pollutant concentrations and a comparison of those concentrations to the national ambient air quality standards. Hot

- spot analysis assesses impacts on a scale smaller than the entire nonattainment or maintenance 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. DD. “ Increase the f requency or s everity ” 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 or would otherwi se exist during the future period in question if the project were not implemented. EE. “Isolated rural n onattainment and maintenance a reas” mean areas that do not contain or are not part of any metropolitan planning area as designated under the transportation planning regulations. Isolated rural areas do not have federally required metropolitan transportation plans or TIPs and do not have pro jects that are part

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 3 of the emissions analysis of any MPO’s metropolitan transportation plan or TIP. Projects in such areas are instead included in statewide transportation improvement programs. T hese areas are not donut areas. FF. “ Lapse” means that the conformity determination for a transportation plan or a TIP has expired, and thus there is no currently conforming transportation plan and TIP. GG. “ Limited maintenance p lan” means a maintenance plan that EPA has determined meets EPA’s limited maintenanc e plan policy criteria for a given NAAQS and pollutant. To qualify for a limited maintenance plan, for example, an area shall have a design value that is significantly below a given NAAQS, and it shall be reasonable to expect that a NAAQS violation will not result from any level of future motor vehicle emissions growth. HH.“ Local p ublicly -o wned transit o perator” means the current transit operator, the city of Albuquerque

. II. “Maintenance a rea” means any geographic region of the United States previously designated nonattainment 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. JJ.“Maintenance p lan” means an implementation plan under Section 175A of the CAA, as amended. KK.“Metropolitan p lanning o rganization (MPO) ” means the policy board of an organization created as a result of the designation process in 23 U.S. C. 134(d). LL. “Mid -r egion c ouncil of g overnments (MRCOG) ” means the association of local governments within New Mexico state planning and development district 3 (Bernalillo, Sandoval, Torrance and Valencia counties) that is designated by the governor of New Mexico, in consultation with the elected officials of the area, as the MPO for the Albuquerque metropolitan planning area. MM.“Milestone ” has the meaning given in CAA S ections 182(g)(1) and 189(c) for serious and above ozone nonattainment areas and P M 10 

### nonattainment areas, respectively. For all other nonattainment areas, a milestone consists of an emissions level and the date when that level shall be achieved as required by the applicable CAA provision for reasonable further progress towards attainment. NN. “Motor v ehicle e missions b udget (MVEB) ” means the portion of the total allowable emissions defined in the submitted or approved control strategy implementation plan revision or maintenance plan for a certain date for the purpose of meeting reason able further progress milestones or demonstrating attainment or maintenance of the NAAQS, for any criteria pollutant or its precursors, allocated to highway and transit vehicle use and emissions. OO.“ National ambient air quality s tandards (NAAQS) ” are th ose standards established pursuant to Section 109 of the CAA. PP. “ NEPA ” means the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.). QQ. “ NEPA p rocess c ompletion” means, with respect to the FHWA and the FTA, the point at which there is a specific action to make a determination that a project is categorically excluded, to make a finding of no significant impact or to issue a record of decision on a final environment al impact statement under NEPA. RR. “ Nonattainment a rea” means any geographic region of the United States that has been designated as nonattainment under Section 107 of the CAA for any pollutant for which a national ambient air quality standard exists. S S. “ Project” means a highway project or a transit project. TT. “ Protective f inding ” means a determination by EPA that a submitted control strategy implementation plan revision contains adopted control measures or written commitments to adopt enforceable

c ontrol measures that fully satisfy the emissions reductions requirement relevant to the statutory provision for which the implementation plan revision was submitted, such as reasonable further progress or attainment. UU. “ Public i nvolvement c ommittee (PIC )” means the permanent advisory committee established by the MRCOG to provide proactive public input to the transportation planning process. VV. “ Recipient of f unds d esignated u nder Title 23 U.S.C. or the Federal Transit Laws ” means any agency at any leve l of state, county, city, or regional government that routinely receives Title 23 U.S.C. or federal transit laws funds to construct FHWA/FTA projects, operate FHWA/FTA projects or equipment, purchase equipment or undertake other services or operations via contracts or agreements. This definition does not include private landowners or developers or contractors or entities that are only paid for services or products created by their own employees. WW. “ Regionally significant p roject” 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 of the

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 4 region, major activity centers in the region, major planned developments suc h as new retail malls, sports complexes, etc. or transportation terminals) and would normally be included in the modeling of a metropolitan area’s transportation network, including at a minimum all principal arterial highways and all fixed guideway transit facilities that offer an alternative to regional highway travel. XX. “ Safety margin” 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 applicable require ment for reasonable further progress, attainment or maintenance. YY. “ Standard” means a national ambient air quality standard. ZZ. “ State i mplementation p lan (SIP) ” (see applicable implementation plan). AAA. “ State DOT ” means the New Mexico department of transportation or its successor agency or authority, as represented by the department secretary or his designee. BBB. “ Title 23 U.S.C. ” means Title 23 of the United States Code. CCC. “ Transit” is mass transportation by bus, rail or other conveyance that provides general or special service to the public on a regular and continuing basis. It does not include school buses or charter or sightseeing services. DDD. “ Transit p roject” means 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 an d may consist of several phases. For analytical purposes, a transit project shall be defined inclusively enough to: (1) 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. EEE. “ Transportation conformity technic al c ommittee (TCTC) ” means the group that provides interagency consultation and con sists of transportation, planning and air quality staff of the MPO
, local government staff, staff from the state DOT, EPA, FHWA, FTA, and staff from the air agency, and that is responsible for evaluating and establishing the assumptions and circumstances f or the application of transportation and air quality models. FFF. “ Transportation control measure (TCM) ” means any measure that is specifically identified and committed to in the applicable implementation plan
, including a substitute or additional TCM that is incorporated into the applicable SIP through the process established in CAA Section 176 (c) (8), that is either one of the types listed in S ection 108 of the CAA, or any other measure that reduces emissions or concentrations of air pollutants from trans portation sources by reducing vehicle use or changing traffic flow or congestion conditions. Notwithstanding the first sentence of this definition, vehicle technology

- based, fuel

- based and maintenance

- based measures that control the emissions from vehicles under fixed traffic conditions are not TCMs for the purposes of 20.11.3 NMAC. GGG. “ Transportation improvement p rogram (TIP) ” means a transportation improvement program developed by a metropolitan planning organization under 23 U.S.C. 134(j). HHH.“ Transportation p lan” means the official 20

- year fiscally constrained intermodal metropolitan transportation plan (MTP) that is developed for the metropolitan planning area through the metropolitan planning process, pursuant to 23 CFR Part 450

. III. “ Trans portation p roject” is a highway project or a transit project. JJJ.“ Written c ommitment” means a written commitment that includes a description of the action to be taken; a schedule for the completion 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. KKK. Acronyms (1) AMPA

- Albuquerqu e metropolitan planning area (2) AQCB

- Albuquerque

- Bernalillo county air quality control board (3) CAA

- Clean Air Act, as amended (4) CFR

- code of federal regulations (5) CO

- carbon monoxide (6) DOT

- U.S. department of transportation

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20.11.3 NMAC 5 (7) EHD

- Albuquerque environmental health department (8) EPA

- U.S. environmental protection agency (9) FHWA

- federal highway administration, DOT (10) FTA

- federal transit administration, DOT (11) MPO

- metropolitan planning organization (12) MRCOG

- mid

- region council of governments (13) MTB

- metropolitan transportation board (14) MTP

- metropolitan transportation plan (15) MVEB

- motor vehicle emissions budget (16) NAAQS

- national ambient air quality standards (17) NEPA

- National Environmental Policy Act (18) NO x 

### - oxides of nitrogen (19) PIC

- public involvement committee (20) PM 2.5 

### - particulate matter less than or equal to 2.5 micrometers in diameter ( 21) PM 10 

### - particulate matter less than or equal to 10 micrometers in diameter (22) SIP

- state implementation plan (applicable implementati on plan) (23) State DOT

- New Mexico department of transportation (24) STIP

- state transportation improvement program (25) TCC

- transportation coordinating committee (2 6) TCM

- transportation control measure (27) TCTC

- transportation conformity technical committee (28) TIP

- transportation improvement program (29) VOC

- volatile organic compound (30) VMT

- vehicle miles traveled [7/1/98; 20.11.3.7 NMAC - Rn, 20 NMAC 11.03.I.7, & A, 6/1/02; A, 6/13/05 ; A, 12/17/08 ; A, 11/15/10 ; A, 10/15/12 ]

20.11.3.11 DOCUMENTS : Documents incorporated and cited in 20.11.3 NMAC may be viewed at the Albuquerque environmental health department, one civic plaza NW
, [room] suite 3023, 400 Marquette NW, Albuquerque, NM 87102. [7/1/98; 20.11.3.11 NMAC - Rn, 20 NMAC 11.03.I.11, 6/1/02 ; A, 6/13/05 ; A, 10/15/12 ]

20.11.3.105 CONSULTATION : A. General: Transp ortation plans and programs shall be in conformity with the applicable implementation plan (SIP) for the nonattainment/maintenance area of Bernalillo county. The MRCOG, as the MPO, is responsible for conducting the air quality transportation conformity an alyses for all of Bernalillo county. The applicable plans and programs are the TIP and the MTP. The document serving to demonstrate conformity is the transportation/air quality conformity finding. 20.11.3.105 NMAC provides procedures for interagency con sultation (federal, state and local) and resolution of conflicts. Such consultation procedures shall be undertaken by the MPO, state DOT and DOT with the air agency and EPA before making conformity determinations and by the air agency and EPA with the MPO , state DOT and DOT in developing applicable implementation plan revisions. B. Interagency consultation procedures: General factors: The affected agencies shall participate in an interagency consultation process to assure that proposed transportation in vestments conform with the applicable implementation plan developed pursuant to the CAA. The affected agencies shall participate in a consultation process during the development of the transportation

- related elements in the applicable SIP (i.e. TCMs, the MTP, and the TIP under 23 CFR Section 450.314 and 49 CFR Section 613.100 ), any significant revisions to the preceding documents and all conformity determinations required by 20.11.3 NMAC. (1) The affected agencies acting in consultation include: EHD; EPA; FHWA; FTA; MPO; state DOT; local publicly

- owned transit operator; appropriate local government transportation agencies and land use plannin g agencies (e.g. city of Albuquerque and Bernalillo county planning departments); and o ther federal and state agencies as appropriate. (2) Each lead agency in the consultation process required under Subsection D of 20.11.3.105 NMAC (i.e. the agency respons ible for preparing the final document subject to the interagency consultation process) shall provide reasonable opportunity for consultation with the affected agencies identified above. The lead agency shall provide to the affected agencies all information needed for meaningful input and shall consider the views of each agency and respond in writing to substantive written comments submitted during the formal comment period prior to

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20.11.3 NMAC 6 making a final decision on such document. Such written response shall be made part of the record of any decision or action. Roles of these agencies are further described in Paragraph (1) of Subsection C of 20.11.3.105 NMAC below. (3) Project planning, public involvement, management systems, project development and other requirements for the MPO, state DOT and the local publicly

- owned transit operator are covered by the applicable DOT rules and regulations for MPOs and state DOTs (23 CFR Part 450, 500, 626 and 771, 49 CFR 613). C. Interagency consultation procedures roles and responsibilities: (1) Development of transportation plans and programs and associated conformity determinations. (a) The MPO, as the lead transportation planning agency, has the primary responsibility in the AMPA for developing the MTP, TIP and technical analyses related to travel demand and other associated modeling, data collection and coordination of consultation for these activities with the agencies specified in Paragraph (1 ) of Subsection B of 20.11.3.105 NMAC, in accordance with 23 CFR Part 450, 500 and 626. The MPO shall be responsible for regional emissions and travel demand analyses of the MTP and TIP in consultation with the EHD. Corridor and project

- level hot spot an d emissions analyses, developed in consultation with the EHD, shall be the responsibility of the project

- implementing agency through the NEPA process or similar environmental evaluation process. (b) The committees and member agencies, identified in the most recent MPO document regarding public involvement procedures for transportation plans and programs , entitled Public Involvement Procedures for the Mid

- Region Council of Governments Acting as the MPO for the Albuquerque Me tropolitan Planning Area , shall participate in the MPO process for the development, monitoring and revision of the MTP and the development of the TIP. (i) The MPO shall forward a preliminary version of the MTP, the TIP and the draft conformity finding to the AQCB for review with a minimum of 14 calendar days to provide comments. Upon release of the final draft of the MTP and TIP for public review, the MPO shall submit the final drafts of the MTP, TIP and accompan ying conformity documents to the AQCB and agencies in Paragraph (1) of Subsection B of 20.11.3.105 NMAC for review and comment before adoption and final approval by the MTB. Following review of the conformity determination, the AQCB shall state whether the TIP, the MTP or both are in compliance with the applicable implementation plan. The MPO shall provide a review and comment period consistent with the Metropolitan Planning Rule (23 CFR Section 450.316(a), 49 CFR Section 613). Briefings to the AQCB shal l be provided upon request. (ii) The MPO shall provide information and appropriate advance notification of meeting places, dates and times, agendas and supporting materials for all of its special and regularly sc heduled meetings on transportation and air quality to each of the agencies specified in Paragraph (1) of Subsection B of 20.11.3.105 NMAC in accordance with the public involvement process adopted by the MPO, consistent with the Metropolitan Planning Rule ( 23 CFR Section 450.316(a), 49 CFR Section 613) and described in the MRCOG’s public involvement document , entitled Public Involvement Procedures for the Mid

- Region Council of Governments Acting as the MPO for the Albuquerque Metropolitan Planning Area . The MPO’s compliance with the New Mexico Open Meetings Act is documented annually. Resolution of conflicts shall follow the provisions of Subsection E of 20.11.3.105 NMAC. (2) Development of applicable implementation plans: Within the nonattainment/maintenance area, the EHD, in consultation with the MPO, shall be responsible for developing the transportation

- related components for the applicable SIP, air quality modeling, general emissions analysis, emissions inventory, all related ac tivities and coordination of these tasks with the agencies specified in Paragraph (1) of Subsection B of 20.11.3.105 NMAC through the TCTC as described in Subparagraph (a) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC. Upon release of the final draft of the SIP revision for public review, the EHD shall submit the final draft document to the MTB and agencies in Paragraph (1) of Subsection B of 20.11.3.105 NMAC for review and comment before final adoption by the AQCB. The EHD shall provide at least a 30 day review and comment period consistent with CAA requirements. B riefings to the MTB shall be provided upon request. (3) The organizational level of regular consultation is described in Subsection B of 20.11.3.105 NMAC and Subs ection C of 20.11.3.105 NMAC. All correspondence concerning consultation related to the transportation conformity SIP shall be addressed to the designated points of contact below: (a) EPA: regional administrator or designee; (b) FHWA: division administrator or designee; (c) FTA: regional administrator or designee; (d) State DOT: secretary of transportation or desi gnee;

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20.11.3 NMAC 7 (e) MPO: MRCOG executive director or designee; (f) EHD: director or designee; (g) local publicly

- owned transit operator: chief administrative off icer or designee; (h) local governments within the nonattainment/maintenance area: chief administrative officer or equivalent or designee. (4) The MPO shall respond in writing to substantive written comments from the affected consultation agencies described in Paragraph (1) of Subsection B of 20.11.3.105 NMAC regarding the MTP, TIP and related conformity determinations The project implementing agencies shall respond in writing to substantive written comments regarding projects in accordance with the provisions of 20.11.3 NMAC . The EHD shall respond in writing to substantive written comments from the affected consultation agencies described in Paragraph (1) of Subsection B of 20.11.3.105 NMAC regardi ng the transportation components of the applicable implementation plan for the nonattainment/maintenance area, in accordance with the provisions of 20.11.3 NMAC . All formal comments (e.g. those received during the public comment period) and responses to those comments shall be included within final documents before they are forwarded for review and final approval by the FHWA/FTA or EPA, as appropriate. (5) Prior to AQCB adoption of a TCM in the applicable implementation plan, the MPO shall, in consultation and coordination with the agencies identified in Paragraph (1) of Subsection D of 20.11.3.105 NMAC, develop the proposed TCM in a manner consistent with the MTP and TIP transportation development processes. After approval of a TIP , MTP or both, the AQCB shall incorporate all proposed TCMs into the applicable implementation plan. The necessary TCMs shall be specifically described in the applicable implementation plan. TCMs shall also be cross

- referenced to the approved TIP, MTP or both . EHD shall coordinate the necessary efforts to achieve inclusion of the proposed TCM into the applicable implementation plan. The TCMs approved by the AQCB and subsequently by the EPA as part of the applicable implementation plan shall receive prio rity funding for implementation in a manner consistent with funding and phasing schedules specified in the MPO’s TIP or MTP or both. (a) In the event that implementation of a TCM is infeasible in the time frame for that me asure in the applicable implementation plan (as defined in Subsection D of 20.11.3.7 NMAC), the parties in the interagency consultation process established pursuant to Paragraph (1) of Subsection D of 20.11.3.105 NMAC shall assess whether such a measure continues to be appropriate. When the MPO and the AQCB concur that a TCM identified in the applicable implementation plan is no longer appropriate, the agencies may initiate the process described in Subparagraph (b) through Subparagraph (e) of Paragraph (5) of Subsection C of 20.11.3.105 NMAC to identify and adopt a substitute TCM. (b) Substitution of TCMs

. Any TCM that is specified in the applicable implementation plan may be replaced or added to the implementation plan wi th alternate or additional TCMs without an implementation plan revision if the proposed measure meets the following provisions : (i) upon request by the MPO , the EHD shall convene the TCTC to identify and evaluate possible substitute and additional measures ; c onsultation with EPA may be accomplished by sending copies of all draft and final documents, agendas and reports to EPA Region 6; (ii) the substitute TCM shall provi de for equivalent or greater emissions reductions than the TCM to be replaced in the applicable implementation plan , as demonstrated by an emissions impact analysis that is consistent with the current methodology used for evaluating the replaced TCM in the implementation plan ; (iii) the substitute TCM shall be implemented in accordance with a schedule that is consistent with the schedule provided for the TCM contained in the applicable implementation plan ; or i f the implementation plan date for implementation of the TCM to be replaced has already passed, a TCM selected pursuant to 20.11.3 NMAC that requires funding shall be included in the first year of the next MTP and TIP adopted by the MPO; ho wever, the substituted TCM shall be implemented as soon as possible, but not later than one year from the date of the original TCM , and in no case
, later than the date on which emission reductions are necessary to achieve the purpose of the implementation plan ; (iv) i n order for the AQCB to adopt substitute and additional TCMs, there shall be evidence of adequate personnel, funding and authority under state or local law to implement , monitor and enforce the contro l measures ; c ommitments to im plement the substitute TCMs shall be made by the agency with legal authority for implementation; (v) the TCMs substituted under 20.11.3.105 NMAC for purposes of the applicable impleme ntation plan shall receive priority funding for implementation within the MPO’s MTP and TIP funding processes; and

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20.11.3 NMAC 8 (vi) n o TCM shall be replaced until the substitute TCM has been adopted and the existing TCM in the applicable implementation plan has been rescinded by the AQCB ; adoption of a substitute TCM by the AQCB formally rescinds the previously applicable TCM and adopts the substitute TCM

. (c) Public p articipation: After the concurrence required under Subparagraph (a) of Paragraph (5) of Subsection C of 20.11.3.105 NMAC, the AQCB shall conduct a public hearing and comment process, in accordance with 40 CFR 52.102, on the proposed substitute TCM(s). The hearing can only be he ld after a reasonable public notice and comment period, which begins at least 30 days prior to the hearing date. The AQCB shall ensure that: (i) the public is notified by prominent advertising in the area affected announcing the time, date and place of the hearing; (ii) e ach proposed plan or revision is available for public inspection in at least one location in the applicable area; (iii) the MPO, EPA, affected local agencies and other interested parties are notified; and (iv) a description of the TCM(s), analysis supporting the proposal, assumptions and methodology are available to the public, the MPO and EPA for at least 30 days before the public hearing and at least 30 days prior to the close of the public comment period. (d) Concurrence process for substitute TCMs: (i) b efore initiating any public participation process, the AQCB, MPO and EPA shall concur with the appropriateness and equivalency of the substitute or additional TCM; (ii) the AQCB shall respond to all public comments and submit to EPA a summary of comments received during the public comment period along with the responses following the close of the public comment period; (iii) the EPA shall notify the AQCB within 14 days if EPA’s concurrence with the substitution TCM has changed as a result of public comment; (iv ) all substitute TCMs shall be adopted by the AQCB following the public comment period and EPA’s concurrence described in Subparagraph (d) of Paragraph (5) of Subsection C of 20.11.3.105 NMAC; i f not adopted, the substitute TCM cannot replace the existing TCM. (e) Technical information : The anal ysis of substitute TCMs shall be consistent with methodology used for evaluating TCMs in the nonattainment or maintenance plan. Where emissions models or transportation models have changed since those used for purposes of evaluating measures in the nonattainment or maintenance plan, the TCM to be replaced and the substitute TCMs shall be evaluated using the latest modeling techniques for purposes of demonstrating equivalency or greater emissions reductions. The key methodology and assumptions shall be consistent with EPA approved regional and hot

- spot emissions models (for CO
, PM 10 

### and PM 2.5 

### ) , the area’s transportation model, and population and employment growth projections. (f) Record keeping : The AQCB shall maintain documentation of approved TCM substitutions. The documentation shall provide a description of the substitute and replaced TCMs, including requirements and schedules. The documentation shall also provide a description of the substitution process including the public and agency participation and coordination with the TCTC, the public hearing and comment process, EPA concurrence and AQCB adoption. The documentation shall be submi tted to EPA following adoption of the substitute TCMs by the AQCB, and made available to the public as an attachment to the applicable implementation plan. (g) Adoption: (i) c onc urrence by the metropolitan planning organization, the state air pollution control agency and the administrator as required by Subparagraph (i) of Paragraph (d) of Subsection C of 20.11.3.105 NMAC, shall constitute adoption of the substitute or additional control measures so long as the requirements of Paragraph (b) of Subsection C of 20.11.3.105 NMAC are met; (ii) o nce adopted, the substitute or additional control measures become, by operation of law, part of the state implementation plan an d become federally enforceable; (iii) within 90 days of its concurrence under Subparagraph (i) of Paragraph (d) of Subsection C of 20.11.3.105 NMAC, the s tate air pollution control agency shall submit the substitute or additional control measure to the administrator for incorporation in the codification of the applicable implementation plan;

n otwithstanding any other provision of the Clean Air Act, no additional s tate process shall be necessary to support such revision to the applicable pl an. (h) No requirement for express permission

. The substitution or addition of a transportation control measure in accordance with Paragraph (5) of Subsection C of 20.11.3.105 NMAC and the funding or

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20.11.3 NMAC 9 approval of such a control measure shall not be contingent up on the existence of any provision in the applicable implementation plan that expressly permits such a substitution or addition. (i) No requirement for new conformity determination

. The substitution or addition of a transportation control measure in accordance with Paragraph (5) of Subsection C of 20.11.3.105 NMAC shall not require : (i) a new conformity determination for the transportation plan; or (ii) a revision of the implementation plan. D. Interagency consultation procedures: Specific processes. (1) Interagency con sultation procedures for the Bernalillo county nonattainment/maintenance area, in accordance with Subsection C of 20.11.3.105 NMAC, shall involve the MPO (transportation, land use and transit members from within the AMPA), state DOT, EPA, FHWA, FTA and the air agency. The TCTC’s role in interagency consultation for the specific processes is described below. The TCTC shall include representatives as described in Paragraph (1) of Subsection B of 20.11.3.105 NMAC. The TCTC shall be established by the air ag ency in cooperation with the MPO. The TCTC shall meet on an as

- needed basis. The air agency, in consultation with the MPO, shall be responsible for convening meetings and establishing meeting agendas. (a) The TCTC shall evaluate and participate in establishing the circumstances for the application of a transportation or air quality model (or models). Committee review shall include VMT forecasting and associated methods and assumptions to be used in: 1) hot

- spot and regi onal emissions analysis for establishing motor vehicle emissions budgets; 2) developing the MTP and the TIP; 3) developing implementation plan revisions directly applicable to transportation, and 4 ) making the conformity determinations and planning assumptions identified in 20.11.3.110 NMAC. The TCTC shall also review assumptions, analyses and results of the conformity and fiscal constraint determinations and other applicable implementation plan revisions or actions affecting the MTP and transportation pro grams. The TCTC shall function as a cooperative interagency effort to share mobile source modeling and transportation and air quality modeling information, and to evaluate modeling assumptions through interagency consultation. Regional modeling shall be the responsibility of the MPO and the air agency as appropriate. Hot

- spot analysis shall be the responsibility of the lead agency of the project requiring the analysis. Before new models used in hot

- spot or regional emissions analyses are adopted for general use, the TCTC shall be provided an opportunity to review and comment. This process also applies to consultation on the design, schedule and funding of research and data collection efforts regarding regional transportation models developed by the MPO (e.g. household travel transportation surveys) described in 20.11.3.110 NMAC. New modeling information shall be presented by the air agency and the MPO in regularly scheduled meetings. (b) The TCTC shall determine which minor arterials and other transportation projects shall 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 systems or extension s that offer an alternative to regional highway travel), and which projects shall be considered to have a significant change in design concept, timing and scope from the MTP or TIP. When the TCTC determines that a significant change in design concept, timing and scope has occurred, the MPO and lead agency shall, as part of the MTP and TIP process, consult with the appropriate agencies identified in Paragraph (1) of Subsection D of 20.11.3.105 NMAC to assess the impact of this project change on the conformity determination. The MPO shall redetermine transportation conformity for air quality if a significant change occurs within the transportation network that is likely to lead to a meaningful increase in a pollutant for which the nonattainment area exceeds the NAAQS , or for an area that is designated as attainment and is subject to a maintenance plan

. (c) The TCTC shall evaluate whether projects otherwise exempt from meeting the regional or hot

- spot conformity analysis requirements shall be treated as non

- exempt in cases where potential adverse emissions impacts may exist for any reason. The MPO’s conformity docume nts shall include a list of transportation projects exempted from inclusion in a regional conformity determination. Exempt projects are identified in 20.11.3.126 NMAC and 20.11.3.127 NMAC . The process used to reach a determination of exemption shall incl ude an evaluation of whether or not the exempt project shall interfere with or impede the implementation of TCMs in the applicable implementation plan. If no substantive comments related to air quality impacts are received as part of the TIP review process, the lead agency for the project may proceed with implementation of the exempt project. If substantive air quality impact comments are received which indicate that an exempt project may adversely affect air quality, the lead agency for the project shall consult with the air agency and the MPO to determine the appropriate action necessary to address the adverse air quality impacts. (d) If TCMs are included in the SIP, the MPO shall give maximum priority to approval or funding of those TCMs, report to the AQCB annually whether those TCMs are on schedule and, if not, what delays have been encountered, what obstacles to implementation have been identified and whether or not these obstacles

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20.11.3 NMAC 10 are likely to be overcome. The AQCB shall also consider whether delays in TCM implementation necessitate a SIP revision to remove, substitute, or modify TCMs or identify other reduction measures. If substitute TCMs or other reduction measures beyond those already in the SIP are deemed necessary through the consultation process specified in 20.11.3.105 NMAC, the MPO shall work with the members of the TCTC to identify and coordinate appropriate modifications to the MTP, TIP and conformity determination. All revisions to the MTP, TIP and conformity determination shall be made as part of the MPO’s transportation planning process. (e) The MPO shall, through its transportation planning process, notify the agencies represented on the TCTC regarding revisions and amendments to the MTP and TIP that merely add or delete exempt projects identified in 20.11.3.126 NMAC. (f) If Bernalillo county is designated nonattainment for PM 10 

### or PM 2.5 

### , the consultative process as specified in Subsection D of 20.11.3.105 NMAC shall be used to coordinate the identification of projects located at sites that have vehicle and roadw ay emission and dispersion characteristics which are similar to those sites that have violations verified by monitoring. A quantitative PM 10 

### hot

- spot analysis shall be required for these projects in accordance with Subsection B of 20.11.3.123 NMAC. The air agency, in consultation with the MPO, shall advise the appropriate lead agency responsible for project development of the projects identified and the basis for their identification. (g) The MPO shall provide written notification to all agencies in the MTP, TIP and conformity determination processes, including the AQCB, of plan revisions or plan amendments that merely add or delete exempt projects identified in 20.11.3.126 NMAC. (h) Requirements for conformity tests for isolated rural nonattainment and maintenance areas shall be governed by Subparagraph ( c ) of Paragraph (2) of Subsection [ N ] G of 20.11.3. 109 NMAC

. (2) Interagency consultation procedures shall include the agencies specified in Paragraph (1) of Subsection D of 20.11.3.105 NMAC. These agencies shall participate in the following processes

. (a) I n addition to the triggers defined in 20.11.3.105 NMAC, the air agency may request a new conformity determination when an emergency project involves substantial functional, location or capacity changes, or when the project may otherwise adversely affect the transportation conformity determination. (b) If an adjacent area is designated nonattainment and the area includes another MPO, the agencies involved shall cooperatively share the responsibility for conducting conformity determinations for transportation activities that cross borders of the MPOs or nonattainment areas. An agreement shall be developed between the MPOs and other appropriate local and state government agencies to address the responsibilities of each for reg ional emissions analysis. (3) Although the metropolitan planning area may not include all of the nonattainment/ maintenance area of Bernalillo county, the MPO (which is also the regional planning organization for all of Bernalillo c ounty), in coordination with the state DOT, shall be responsible for conducting conformity analyses and conformity determinations for transportation activities for the entire nonattainment/ maintenance area that is located within the MPO’s area of planning responsibility

. (4) Interagency consultation on regionally significant non

- FHWA/FTA projects: (a) Any group, entity or individual planning to construct a regionally significant transportation proje ct that is not a FHWA/FTA project (including a project for which alternative locations, design concept and scope, or the no

- build option is still being considered), including projects planned by recipients of funds designated under Title 23 U.S.C. or the Federal Transit Act, shall ensure that these plans are disclosed to the MPO on a regular basis through the MTP and TIP development processes, or as soon as they are identified, and shall notify the MPO immediately of any changes to an existing plan so that these transportation projects can be incorporated into the regional emissions analysis and modeling for the nonattainment/maintenance area. Any member of the TCTC may request that the TCTC make a determination regarding whether a project is regionally sig nificant. Upon receipt of a written request stating the reasons why the TCTC should make a determination , the EHD in coordination with the MRCOG shall convene a meeting of the TCTC to make a determination regarding regional significance

. If the TCTC determines that the non

- FHWA/FTA project is not regionally significant, no further actions b y the TCTC are required. If the TCTC determines that the non

- FHWA/FTA project is regionally significant, the TCTC will follow the requirements of 20.11.3 NMAC and the MPO will incorporate the project into the regional emissions analysis
, the TIP and the MTP. (b) The sponsor of any regionally significant project, and other recipients of funds designated under Title 23 U.S.C. or the Feder al Transit Act, who knows about any such project through applications for approval, permitting, funding or otherwise gains knowledge of a regionally significant project , shall promptly disclose the project to the MPO. Such disclosures shall be made not later than the first occasion on which any of the following actions is sought: any MTB action or other action by government decision making bodies necessary for

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 11 the project to proceed, the issuance of administrative permits for the facility or for construction of the facility, the execution of a contract to design or construct the facility, the execution of any indebtedness for the facility, any final action of a board, commission or administrator authorizing or directing employees to proceed with design, permitting or construction of the project, or the execution of any contract to design or construct or any approval needed for any facility that is dependent upon the completion of a regionally significant project. At the earliest opportunity, the MPO shall apprise the agencies participating in the consultation process identified above in Paragraph (1) of Subsection D of 20.11.3.105 NMAC of these projects and include them in the conformity analysis networks. (c) Procedures to address non

- conforming regionally significant projects not in the TIP or MTP or both

. When an regionally significant project has not been included in the TIP or MTP or both, the TCTC shall participate in the air quality evaluation of a non

- conforming regionally significant project to ensure that the project is integrated into the regional emissions analysis, the TIP and the MTP in a manner consistent with the MPO ’ s transportation planning process, the requirements of 20.11.3 NMAC and other applicable federal requirements. Section 23 CFR 45 0.316 lists factors that shall be considered as part of the planning process. Among the factors that shall be considered is an analysis of the effects of all transportation projects to be undertaken within the metropolitan planning area, without regard to the funding source

. Therefore, a regionally significant project funded entirely with local funding is subject to the planning requirements of Section 23 CFR 450.316. T he analysis shall consider the effectiveness, cost effectiveness, and financing of alternative investments in meeting transportation demand and supporting the overall efficiency and effectiveness of transportation system performance and related impacts on community/central city goals regarding social and economic development, housing and employment. Another factor that shall be considered is the overall social, economic, energy and environmental effects of transpo rtation decisions (including consideration of the effects and impacts of the transportation plan on the human, natural and man

- made environment and consultation with appropriate resource and permit agencies to

ensure early and continued coordination with environmental resource protection and management plans, and appropriate emphasis on transportation

- related air quality problems in support of 23 U.S.C. 109(h) and Section 14 of the Federal Transit Act (49 U.S.C. 1610), Section 4(f) of the DOT Act (49 U.S.C. 303) and Section 174(b) of the Clean Air Act (42 U.S.C. 7504(b) ). All projects , including regionally significant projects not yet included in a TIP or MTP or both, shall follow the requirement in 23 CFR 450.316 that calls for a proactive public involvement process that provides complete information, timely public notice, full public access to key decisions , and supports early and continuing involvement of the public in developing plans and TIPs and that provides for involvement of local, state and federal environment resource (e.g., EPA, EHD) and permit agencies as appropriate. (d ) If a regionally significant project has not been disclosed in a timely manner to the MPO and other agencies involved in the consultation process, then, for the purp o ses of 20.11.3.121 NMAC, the regionally significant project shall not qualify as a conforming project until the project complies with the requirements of 20.11.3 NMAC. When a regionally significant project has not been inclu ded in the regional emissions analysis for the current conforming TIP or MTP or both , proceeding toward implementing the project without complying with 20.11.3.105 NMAC and 20.11.3.121 NMAC may be inconsistent with federal and local laws including , but not limited to the following

. (i) 23 U.S.C. Section 109(i)

. This requires that the secretary of transportation for the DOT consult with the administrator for the EPA to develop and promulgate guidelines to assure that highways constructed pursuant to Title 23 of the U.S. Code are consistent with the applicable implementation plan pertaining to a nonattainment area or an attainment area subject to a maintenance plan. 20.11.3 NMAC is part of the applicable implement ation plan. (ii) 23 CFR Section 450.312, metropolitan transportation planning: Responsibilities, cooperation, and coordination

. This prohibits the MRCOG from approving any transportation plan or program that do es not conform to the applicable implementation plan. Regionally significant projects are required to be included in the regional emissions analysis for the transportation plan or program

. (iii) 23 CFR Section 4 50.324, transportation improvement program: G eneral. This requires that the TIP include all regionally significant projects to be funded with non

- federal funds i n the air quality analysis for nonattainment areas and areas subject to a maintenance plan. (iv) 20.11.3 NMAC , Transportation Conformity

. This regulation requires that regionally significant projects be included in the transportation plans and the regional emissions analysis. Failure to include a regi onally significant project in a transportation plan violates 20.11.3 NMAC and jeopardizes approv al of the regional MTP and the TIP. (e) Consequences of impl ementing a non - conforming regionally significant project: Violati ons of 20.11.3 NMAC may result in criminal, civil and administrative penalties, including a potential

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 12 administrative penalty of $15,000 per day of non

- compliance . In addition, the EPA may determine that implementing a nonconforming regionally significant project violates the applicable implementation plan
, and the EPA may impose federal sanctions that would jeopardize the receipt of federal transportation funds to the affected area, including T itle 23, U.S.C. or Federal Transit Act funds. In addition, the FHWA must periodically review the transportation planning process used by the MRCOG
, and failure to follow federal requirements may adversely affect FHWA’s certification of the MRCOG process

. (f) For the purposes of 20.11.3.105 NMAC and 20.11.3.121 NMAC, the phrase “adopt or approve a regionally significant project” means the first time any action necessary to authorize a project occurs, such as any MTB action or other action by government decision making bodies necessary for the project to proceed, the issuance of administrative permits for the facility or for construction of the facility, the execution of a contract to construct the facility, any final action of a board, commission or administrator authorizing or directing employees to proceed with construction of the project, or any written decisio n or authorization from the MPO that the project may be adopted or approved. (5) When there is insufficient information to model the projects described in Paragraph (4) of Subsection D of 20.11.3.105 NMAC, the MPO, in consultation with the lead agency for the project, shall make assumptions about the location, timing, design concept and scope for those projects that are disclosed to the MPO as required in Paragraph (4) of Subsection D of 20.11.3.105 NMAC. (6) The MPO or other consulting agencies shall provide copies of adopted documents and supporting information on the approved MTP or TIP conformity determination or adopted SIP revi sions to all agencies listed in Paragraph (1) of Subsection D of 20.11.3.105 NMAC. E. Resolving conflicts: (1) The air agency and the MPO (or state DOT when applicable) shall make a good

- faith effort to address the major concerns of the other party and reach a resolution. Every reasonable effort shall be made to resolve differences. In the event that the parties cannot reach agreement
, the conflict shall be escalated to the governor. (2) In the event that the parties agree that every reasonable effort has been made to address major concerns but no further progress is possible, the MPO shall promptly notify the director of the air agency in writing of the inabili ty to resolve concerns or agree upon the final decision or action. Notification shall be provided within 30 days and shall be provided by registered mail. The MPO shall cite this paragraph in any such notification to the air agency. ( 3) The air agency has 14 calendar days from the date of receipt of notification as required in Paragraph (2) of Subsection E of 20.11.3.105 NMAC to appeal to the governor. Notification shall be provided by registered mail. The air agency shall cite this paragraph in any notification of a conflict that requires action by the governor or his designee. If the air agency appeals to the governor, the final confo rmity determination shall have the concurrence of the governor. The governor or his designeemay issue a written decision on the appeal within 30 calendar days of receipt of the appeal. If the air agency does not appeal to the governor within 14 calendar days from receipt of written notification, the MPO may proceed with the final conformity determination. The governor may delegate his role in this process, but not to the members or staff of: the AQCB, director of the city or county EHD, secretary of the environment department, chief of the state air quality bureau
, manager of the city of Albuquerque’s air quality division, the e nvironmental i mprovement b oard, secretary of the DOT , state highway commission or an MPO. F. Public consultation procedures: Affected agencies making conformity determinations on transportation plans, programs and project s shall establish a proactive public involvement process that provides opportunity for public review and comment by, at a minimum, providing reasonable public access to technical and policy information considered by the agency at the beginning of the public comment period and prior to taking formal action on a conformity determination for the MTP and TIP, consistent with these requirements and those of 23 CFR 450.316(b). Any charges imposed for public inspection and copying shall be consistent with the fee schedule contained in 49 CFR 7.43 and NMSA 14 -2- 9.B.3

. In addition, these agencies shall specifically address in writing all public comments stating that known plans for a regionally significant project, which is not receiving FHWA or FTA funding or approval, have not been properly reflected in the emissions analysis that supports a proposed conformity finding for the MTP or TIP. These agencies shall also provide opportunity for public involvement in conformity determinations for projects where otherwise required by law. [20.11.3.105 NMAC - Rn & A, 20.11.3.202 NMAC, 11/15/10; A, 10/15/12 ]

20.11.3.109 CRITERIA AND PROCEDURES FOR DETERMINING CONFORMITY OF TRANSPORTATION PLANS, PROGRAMS, AND PROJECTS: GENERAL :

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 13 A. In order for each transportation plan, program, and FHWA/FTA project to be found to conform, the MPO and DOT shall demonstrate that the applicable criteria and procedures in 20.11.3 NMAC are satisfied. The MPO and DOT shall comply with all applicable conf ormity requirements of implementation plans and court orders for the area which pertain specifically to conformity. The criteria for making conformity determinations differ based on the action under review (transportation plans, TIPs and FHWA/FTA projects ), the relevant pollutant(s) and the status of the implementation plan. B. Table 1 in Subsection B of 20.11.3.109 NMAC indicates the criteria and procedures in 20.11.3.110 NMAC through 20.11.3.119 NMAC, which apply for transportation plans, TIPs and FHWA/FTA projects. Subsection C [ through Subsection K] of 20.11.3.109 NMAC explains when the budget, and interim emissions [ and hot

- spot] tests are required for each pollutant and NAAQS. Subsection D of 20.11.3.109 NMAC explains when a hot

- spot test is required. Subsection [ L ] E of 20.11.3.109 NMAC addresses conformity requirements for areas with approved or adequate limited maintenance plans. Subsection [ M ] F of 20.11.3.109 NMAC addresses nonattainment and maintenance areas which EPA has determined have insignificant motor vehicle emissions. Subsection [ N ] G of 20.11.3.109 NMAC addresses isolated rural nonattainment and maintenance areas. Table 1 follows:

TABLE 1. CONFORMITY CRITERIA

All Actions at all times: 20.11.3.110 NMAC Latest planning assumptions 20.11.3.111 NMAC Latest emissions model 20.11.3.112 NMAC Consultation

Transportation Plan: Subsection B of 20.11.3.113 NMAC TCMs. 20.11.3.118 or 20.11.3.119 NMAC Emissions budget or interim emissions

TIP: Subsection C of 20.11.3.113 NMAC TCMs. 20.11.3.118 or 20.11.3.119 NMAC Emissions budget or interim emissions

Project (from a conforming plan and TIP): 20.11.3.114 NMAC Currently conforming plan and TIP 20.11.3.115 NMAC Project from a conforming plan and TIP 20.11.3.116 NMAC CO
, PM 10 

### and PM 2.5 

### hot

- spots 20.11.3.117 NMAC PM 10 

### and PM 2.5 

### control measures

Project (Not From a Co nforming Plan and TIP): Subsection D of 20.11.3.113 NMAC TCMs. 20.11.3.114 NMAC Currently conforming plan and TIP 20.11.3.116 NMAC CO
, PM 10 

### and PM 2.5 

### hot

- spots 20.11.3.117 NMAC PM 10 

### and PM 2.5 

### control measures 20.11.3.118 or 20.11.3.119 NMAC Emissions budget or interim emissions

C. [ 1

- hour ozone NAAQS nonattainment and maintenance areas ] Regional conformity test requirements for all nonattainment and maintenance areas : [ Subsection C of 20.11.3.109 NMAC applies when an area is nonattainment or maintenance for the 1

- hour ozone NAAQ S ( i.e

. ] This provision applies one year after the effective date of EPA’s nonattainment designation for a NAAQS in accordance with Subsection D of 20.11.3.2 NMAC and until the effective date of [ any ] revocation of [ the 1

- hour ozone ] such NAAQS for an area[ ) ]

. In addition to the criteria listed in Table 1 in Subsection B of 20.11.3.109 NMAC that are required to be satisfied at all times, in such [ ozone ] nonattainment and maintenance areas, conformity determinations shall include a demonstration that the budget or interim emissions tests are satisfied as described in the following: (1) In all [ 1

- hour ozone ] nonattainment and maintenance areas for a NAAQS the budget test shall be satisfied as required by 20.11.3.118 NMAC for conformity determinations for such NAAQS made on or after:

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 14 (a) the effective date of EPA’s finding that a motor vehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan for [ the 1

- hour ozon e ] such NAAQS is adequate for transportation conformity purposes; (b) the publication date of EPA’s approval of such a bud get 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. (2) [ In ozone nonattainment areas that are required to submit a control strateg y implementation plan revision for the 1

- hour ozone NAAQS (usually moderate and above areas), the interim emissions tests shall be satisfied as required by 20.11.3.119 NMAC for conformity determinations made when there is no approved motor vehicle emissions budget from an applicable implementation plan for the 1

- hour ozone NAAQS and no adequate motor vehicle emissions budget from a submitted control strategy implementation plan revision or maintenance plan fo r the 1

- hour ozone NAAQS. ] Prior to Paragraph (1) of Subsection C of 20.11.3.109 NMAC applying for a NAAQS, in a nonattainment area that has approved or adequate motor vehicle emissions budgets in an applicable implementation plan or implementation plan submission for another NAAQS of the same pollutant, the following tests must be satisfied: (a) if the nonattainment area covers the same geographic area as another NAAQS of the same pollutant, the budget test as required by 20.11.3.118 NMAC using the approved or adequate motor vehicle emissions budgets for that other NAAQS; (b) if the nonattainment area covers a smaller geographic area within an area for another NAAQS of the same pollutant, the budget test as required by 20.11.3.118 NMAC for either: (i) the nonattainment area, using corresponding portion(s) of the approved or adequate motor vehicle emissions budgets for that other NAAQS, where suchp ortion(s) can reasonably be identified through the interagency consultation process required by 20.11.3.105 NMAC ; or (ii) the area designated nonattainment for that other NAAQS, using the approved or adequate motor vehicle emissions budgets for that other NAAQS. If additional emissions reductions are necessary to meet the budget test for the nonattainment area for a NAAQS in such cases, these emissions reductions must come from within such nonattainment area; (c) if the nonattainment area covers a larger geographic area and encompasses an entire area for another NAAQS of the same pollutant, then either Item (i ) or ( ii ) of Subparagraph (c) of Paragraph (2) of Subsection C of 20.11.3.109 NMAC must be met: (i) the budget test as required by 20.11.3.118 NMAC for the portion of the nonattainment area covered by the approved or adequate motor vehicle emissions budgets for that other NAAQS; and 2

. the interim emissions tests as required by 20.11.3.119 NMAC for one of the following areas: the portion of the nonattainment area not covered by the approved or adequate budgets for that other NAAQS; the entire nonattainment area; or the entire portion of the nonattainment area within an individual state, in the case where separate adequate or approved motor vehicle emissions budgets for that other NAAQS are established for each state of a multistate nonattainment or maintenance area ; (ii) the budget test as required by 20.11.3.118 NMAC for the entire nonattainment area using the approved or adequate motor vehicle emissions budgets for that other NAAQ S; (d) if the nonattainment area partially covers an area for another NAAQS of the same pollutant: (i) the budget test as required by 20.11.3.118 NMAC for the portion of the nonattainment area covered by the corresponding portion of the approved or adequate motor vehicle emissions budgets for that other NAAQS, where they can be reasonably identified through the interagency consultation process required by 20.11.3.105 NMAC ; and (ii) the interim emissions tests as required by 20.11.3.119 NMAC , when applicable, for either: the portion of the nonattainment area not covered by the approved or adequate budgets for that other NAAQS; the entire nonattainment area; or the entire portion of the nonattainment area within an individual state, in the case where separate adequate or approved motor vehicle emissions budgets for that other NAAQS are established for each state of a multistate nonattainment or maintenance area. (3) In a nonattainment area, the interim emissions tests required by 20.11.3.119 NMAC must be satisfied for a NAAQS if neither Paragraph (1) nor paragraph (2) of Subsection C of 20.11.3.109 NMAC applies for such NAAQS. [ (3) ] (4) An ozone nonattainment area shall satisfy the interim emissions test for NO x 

### , as required by 20.11.3.119 NMAC, if the implementation plan or plan submission that is applicable for the purposes of conformity determinations is a 15% plan or [phase I attainment demonstration ] other control strategy SIP that does not include a motor vehicle emissions budget for NO x 

### . The implementation plan for [ the 1

- hour ozone ] an NAAQS shall be

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 15 considered to establish a motor vehicle emissions budget for NO x 

### if the implementation plan or plan submission contains an explicit NO x 

### motor vehicle emissions budget that is intended to act as a ceiling on future NO x 

### emissions, and the NO x 

### motor vehicle emissions budget is a net reduc tion from NO x 

### emissions levels in [ 1990 ] the SIP’s baseline year

. [ (4) Ozone nonattainment areas that have not submitted a maintenance plan and that are not required to submit a control strategy implementation plan revision for the 1

- hour ozone NAAQS (usuall y marginal and below areas) shall satisfy one of the following requirements: (a) the interim emissions tests required by 20.11.3.119 NMAC; or (b) the state shall submit to EPA an implementation plan revision for the 1

- hour ozone NAAQS that contains motor vehicle emissions budget(s) and a reasonable further progress or attainment demonstration, and the budget test required by 20.11.3.118 NMAC shall be satisfied usin g the adequate or approved motor vehicle emissions budget(s) (as described in Paragraph (1) of Subsection C of 20.11.3.109 NMAC). ] (5) Notwithstanding [ Paragraph (1) and Paragraph (2) ] Paragraphs (1), (2) and (3) of Subsection C of 20.11.3.109 NMAC, [ moderate and above ozone ] nonattainment areas with [ three years of ] clean data for [ the 1

- hour ozone ] NAAQS that have not submitted a maintenance plan and that EPA has determined are not subject to the Clean Air Act reasonable further progress and attainment demonstration requirements for [ the 1

- hour ozone ] that NAAQS shall satisfy one of the following requirements: (a) the budget test orthe interim emissions tests as required by 20.11.3.118 NMAC and 20.11.3.119 NMAC as described in Paragraph (2) and (3) o f Subsection C of 20.11.3.109 NMAC ; (b) the budget test as required by 20.11.3.118 NMAC, using the adequate or approved motor vehicle emissions budgets in the submitted or applicable control strategy implementation plan for the [ 1

- hour ozone ] NAAQS for which the area is designated nonatt ainment (subject to the timing requirements of Paragraph (1) of Subsection C of 20.11.3.109 NMAC; or (c) the budget test as required by 20.11.3.118 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 rulemaking that determines that the area has clean data for the 1

- hour ozone NAAQS ] attainment as motor vehicle emissions budgets, if the state or local air quality agency requests that the motor vehicle emissions in the most recent year of attainment be used as budgets, and EPA approves the request in conjunction with the rulemaking that determines that the area has attained the NAAQS for which the area is designated nonattainment

. (6) For the PM 10 

### NAAQS only, the interim emissions tests must be satisfied as required by 20.11.3.119 NMAC for conformity determinations made if the submitted implementation plan revision for a PM 10 

### nonattainment area is a demonstration of impracticability under CAA Section 189(a)(1)(B)(ii) and does not demonstrate attainment. D. [ 8

- hour ozone NAAQS nonattainment and maintenance areas without motor vehicle emissions budgets for the 1

- hour ozone NAAQS for any portion of the 8

- hour nonattainment area ] Hot

- spot conformity test requirements for CO, PM 2.5 

### and PM 10 

### nonattainment and ma intenance areas : [ Subsection D of 20.11.3.109 NMAC applies to areas that were never designated nonattainment for the 1

- hour ozone NAAQS and areas that were 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 emissions b udgets. Subsection D of 20.11.3.109 NMAC applies one year after the effective date of EPA’s nonattainment designation for the 8

- hour ozone NAAQS for an area, according to Subsection D of 20.11.3.2 NMAC. ] This provision applies in accordance with Subsection D of 20.11.3.2 NMAC for a NAAQS and until the effective date of any revocation of such NAAQS for an area. In addition to the criteria listed in Table 1 in Subsection B of 20.11.3.109 NMAC that are required to be satisfied at all times, [ in such 8

- hour ozone ] project

- level conformity determinations in CO, PM 10 

### and PM 2.5 

### nonattainment and maintenance areas [ c onformity determinations ] shall include a demonstration that the [ bu dget or interim emissions
tests ] hot

- spot tests for the applicable NAAQS are satisfied as described in the following: [ (1) In such 8

- hour ozone nonattainment and maintenance areas the budget test shall be satisfied as required by 20 .11.3.118 NMAC for conformity 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 maintenance plan 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 completed through direct final rulemaking.

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 16 (2) In ozone nonattainment areas that are required to submit a control strategy implementation plan revi sion for the 8

- hour ozone NAAQS (usually moderate and above and certain Clean Air Act, Part D, Subpart 1 areas), the interim emissions tests shall be satisfied as required by 20.11.3.119 NMAC for conformity determinations made when there is no approved motor vehicle emissions budget from an applicable implementation plan for the 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 ozone NAAQS. (3) Such an 8

- ho ur ozone nonattainment area shall satisfy the interim emissions test for NO x 

### , as required by 20.11.3.119 NMAC, if the implementation plan or plan submission that is applicable for the purposes of conformity determination s is a 15% plan or other control strategy SIP that addresses reasonable further progress that does not include a motor vehicle emissions budget for NO x 

### . The implementation plan for the 8

- hour ozone NAAQS will be considered to establish a motor vehicle emi ssions budget for NO x 

### if the implementation plan or plan submission contains an explicit NO x 

### motor vehicle emissions budget that is intended to act as a ceiling on future NO x 

### emissions, and the NO x 

### motor vehicle emissions budget is a net reduction from NO x 

### 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 implementation plan revision for the 8

- hour ozone NAAQS (usually marginal and certain Clean Air Act, Part D, Subpart 1 areas) shall satisfy one of the following requirements: (a) the interim emissions tests required by 20.11.3.119 NMAC; or (b) the state shall submi t to EPA an implementation plan 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 required by 20.11.3.118 NMAC shall be satisfied using the adequate or approved motor vehicle emissions budget(s) as described in Paragraph (1) of Subsection D of 20.11.3.109 NMAC. (5) Notwithstanding Paragraph (1) and Paragraph (2) of Subsection D of 20.11.3.109 NMAC, 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 determined are not subject to the Clean Air Act reasonable further progress and attainment demonstration requ irements for the 8

- hour ozone NAAQS shall satisfy one of the following requirements: (a) the interim emissions tests as required by 20.11.3.119 NMAC; (b) the budget test as required by 20. 11.3.118 NMAC, using the adequate or approved motor vehicle emissions 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 D of 20.11.3.109 NMAC; or (c) the budget test as required by 20.11.3.118 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 rulemaking 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 1

- hour ozone NAAQS that cover all or a portion of the 8

- h our nonattainment area: Subsection E of 20.11.3.109 NMAC applies one year after the effective date of EPA’s nonattainment designation for the 8

- hour ozone NAAQS for an area, according to Subsection D of 20.11.3.2 NMAC. In addition to the criteria listed in Table 1 in Subsection B of 20.11.3.109 NMAC that are required to be satisfied at all times, in such 8

- hour ozone nonattainment and maintenance areas conformity determin ations shall include a demonstration that the budget

or interim emissions tests are s atisfie d as described in the following. (1) In such 8

- hour ozone nonattainment and mainte nance areas the budget test shall be satisfied as required by 20.11.3.118 NMAC for conformity 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 maintenance plan for the 8

- hour ozone NAAQS is adequate for transportation confo rmity purposes; (b) the publication date of EPA’s approval of such a bud get in the federal register; or (c) the effective date of EPA’s approval of such a budget in the federal register, i f such approval is completed through direct final rulemaking. (2) Prior to Paragraph (1) of S ubsection E of 20.11.3.109 NMAC app lying, the following test(s) shall be satisfied: (a) i f the 8

- hour ozo ne nonattainment area covers the same geographic area as the 1

- hour ozone nonattainment or maintenance area(s), the budget test as required by 20.11.3.118 NMAC using the approved or adequate motor vehicle emissions budgets in the 1

- hour ozone applicable im plementation plan or implementation plan submission; (b) i f the 8

- hour ozone nonattainment area covers a smaller geographic area within the 1

- hour ozone nonattainment or maintenance area(s), the budget test as required by 20.11.3.118 NMAC for either:

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 17 (i) 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 impl ementation plan submission where such portion(s) can reasonably be identified through the interagency consultation process required by 20.11.3.105 NMAC; or (ii) the 1

- hour nonattainment area using the approved or adequate motor vehicle emissions budgets in the 1

- hour ozone applicable implementation plan or implementation plan submission ; i f additional emissions reductions are necessary to meet the budget test for the 8

- hour ozone NAAQS in such cases, these emissio ns reductions shall come from within the 8

- hour nonattainment area; (c) i f the 8

- hour ozone nonattainment area covers a larger geographic area and encompasses the entire 1

- hour ozone nonattainment or maintenance area(s): (i) the budget test as required by 20.11.3.118 NMAC for the portion of the 8

- hour ozone nonattainment area covered by the approved or adequate motor vehicle emissions budgets in the 1

- hour ozone applicable impleme ntation plan or implementation plan submission; and (ii) the interim emissions tests as required by 20.11.3.119 NMAC 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 1

- hour SIP budgets are established for each state of a multi

- state 1

- hour nonattainment or maintenance area; (d) i f the 8

- hour ozone nonattainment area partially covers a 1

- hour ozone nonattainment or maintenance area(s): (i) the budget test as required by 20.11.3.118 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 1

- hour ozone applicable implementation plan or implementation plan submission where they can be reasonably identified through the interagency consultation process required by 20.11.3.105 NMAC; and (ii) the interim emissions tests as required by 20.11.3.119 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 1

- hour SIP budgets are established for each state in a multi

- state 1

- hour nonattainment or maintenance area. (3) Such an 8

- ho ur ozone nonattainment area shall satisfy the interim emissions test for NO x 

### , as required by 20.11.3.119 NMAC, if the only implementation plan or plan submission that is applicable for the purposes of conformity determinations is a 15% plan or other control strategy SIP that addresses reasonable further progress that does not include a motor vehicle emissions budget for NO x 

### . The implementation plan for the 8

- hour ozone NAAQS will be considered to establish a motor vehicle emissions budget for NO x 

### if the implementation plan or plan submission contains an explicit NO x 

### motor vehicle emissions budget that is intended to act as a ceiling on future NO x 

### emissions, and the NO x 

### motor vehicle emissions budget is a net reduction from NO x 

### emissions lev els in 2002. Prior to an adequate or approved NO x 

### motor vehicle emissions budget in the implementation plan submission for the 8

- hour ozone NAAQS, the implementation plan for the 1

- hour ozone NAAQS will be considered to establish a motor vehicle emissions budget for NO x 

### if the implementation plan contains an explicit NO x 

### motor vehicle emissions budget that is intended to act as a ceiling on future NO x 

### emissions, and the NO x 

### motor vehicle emissions budget is a net reduction from NO x 

### emissions levels in 1990

. (4) Notwithstanding Paragraph (1) and Paragraph (2) of Subsection E of 20.11.3.109 NMAC, 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 determined are not subject to the Clean Air Act reasonable further progress and attainment demonstration requirements for the 8

- hour ozone NAAQS shall satisfy one of the following requirements: (a) the budget test or interim emissions tests as required by 20.11.3.118 NMAC and 20.11.3.119 NMAC and as described in Paragraph (2) of Subsection E of 20.11.3.109 NMAC; (b) the budget test as required by 20.11.3.118 NMAC, using the adequate or approved motor vehicle emissions 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 20.11.3.109 NMAC; or (c) the budget test as required by 20.11.3.118 NMAC, using the motor vehicle emissions of ozone precurs ors in the most recent year of clean data as motor vehicle emissions budgets, if such budgets are established by the EPA rulemaking that determines that the area has clean data for the 8

- hour ozone NAAQS. F. CO nonattainment and maintenance areas: In addition to the criteria listed in Table 1 in Subsection B of 20.11.3.109 NMAC that are required to be satisfied at all times, in CO nonattainment and

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 18 maintenance area s conformity determinations shall include a demonstration that the hot

- spot, budget or emiss ion reduction tests are satisfied as described in the following: ] (1) FHWA/FTA projects in CO nonattainment or maintenance areas shall satisfy the hot

- spot test required by Subsection A of 20.11.3.116 NMAC at all times ; until a CO attainment demonstration or maintenance plan is approved by EPA, FHWA/FTA projects shall also satisfy the hot

- spot test required by Subsection B of 20.11.3.116 NMAC ; [ (2) i n CO nonattainment and mainte nance areas the budget test shall be satisfied as required by 20.11.3.118 NMAC for conformity 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 p lan 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 effecti ve date of EPA’s approval of such a budget in the federal register, if such approval is completed through direct final rulemaking ; (3) e xcept as provided in Paragraph (4) of Subsection F of 20.11.3.109 NMAC, in CO nonattainment

area s the interim emissions tests shall be satisfied as required by 20.11.3.119 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 budg et from a submitted control strategy implementation plan revision or maintenance plan ; (4) CO nonattainment areas that have not submitted a maintenance plan and that are not required to submit an attainment demonstration (e.g. moder ate CO areas with a design value of 12.7 ppm or less or not

c lassified CO areas) shall satisfy one of the following requirements: (a) the interim emissions tests required by 20.11.3.119 NMAC; or (b) the state shall submit to EPA an implementation plan revision that contains motor vehicle emissions budget(s) and an attainment demonstration, and the budget test required by 20.11.3.118 NMAC shall be satisfied using the adequate or approved motor vehicle emissions budget(s) (as described in Paragraph (2) of Subsection F of 20.11.3.109 NMAC). G. PM 10 

### nonattainment and maintenance areas: In addition to the criteria listed in Table 1 in Subsection B of 20.11.3.109 NMAC that are required to be satisfied at all times, in PM 10 

### nonattainment and maintenance area s conformity determinations shall include a demonstration that the hot

- spot, budget or interim emissions tests are satisfie d as described in the following: ] [ (1) ] (2) FHWA/FTA projects in PM 10 

### non

- attainment or maintenance areas shall satisfy the appropriate hot

- spot test required by Subsection A of 20.11.3.116 NMAC; and [ (2) In PM 10 

### nonattainment and mainten ance areas where a budget is submitted for the 24

- hour PM 10 

### NAAQS, the budget test shall be satisfied as required by 20.11.3.118 NMAC for conformity 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 maintenance plan is adequate for transportation conformity purposes; (b) the publication date of EPA’s approval of such a budge t 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) Prior to Paragraph (2) of Subsection G of 20.11.3. 109 NMAC applying, the budget test must be

satisfied as required by 20.11.3. 118 NMAC using the approved or adequate motor vehicle emissions budget established for the revoked annual PM 10 

### NAAQS, if such a budget exist s. (4) In PM 10 

### nonattainment areas the interim emissions tests shall be satisfied as required by 20.11.3.119 NMAC for conformity determinations made: (a) i f there is no approved motor vehicle emissions budg et from an applicable implementation plan and no adequate motor vehicle emissions budget from a submitted control strategy implementation plan revision or maintenance plan; or (b) i f the submitted implementation plan revis ion is a demonstration of impracticability under CAA Section 189(a)(1)(B)(ii) and does not demonstrate attainment. H

. NO 2 

### nonattainment and maintenance areas: In addition to the criteria listed in Table 1 in Subsection B of 20.11.3.109 NMAC that are required to be satisfied at all times, in NO 2 

### nonattainment and maintenance area s conformity determinations shall include a demonstration that the budget or interim emissions tests are satisfie d as described in the following:

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 19 (1) In NO 2 

### nonattainment and mainte nance areas the budget test shall be satisfied as required by 20.11.3.118 NMAC for conformity determinations made on or after: (a) the effective date of EPA’s finding that a moto r 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 bud get 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. (2) In NO 2 

### nonattainment areas the interim emissions tests shall be satisfied as required by 20.11.3.119 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 implementation plan revision or mainte nance plan. I. 1997 PM 2.5 

### nonattainment and maintenance areas : In addition to the criteria listed in Table 1 of Subsection B of 20.11.3.109 NMAC that are required to be satisfied at all times, in PM 2.5 

### nonattainment and maintenance area s conformity determinations shall include a demonstration that the budget or interim emissions tests are satisfied as described in the following: ] [ (1) ] (3) FHWA/FTA projects in [ such 1997 ] PM 2.5 

### nonattainment or maintenance areas must satisfy the ap propriate hot

- spot test required by Subsection A of 20.11.3.116 NMAC

. [ (2) i n such 1997 PM 2.5 

### nonattainment and mainte nance areas the budget test shall be satisfied as required by 20.11.3.118 NMAC for conformity 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 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) i n PM 2.5 

### nonattainment areas the interim emissions tests shall be satisfied as required by 20.11.3.119 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 from a submitted control strategy implementation plan revision or maintenance plan. J. 2006 PM 2.5 

### NAAQS nonattainment and maintenance areas without 1997 PM 2.5 

### NAAQS motor vehicle emissions budgets for any portion of the 2006 PM 2.5 

### NAAQS area : In addition to the criteria listed in Table 1 in Subsection B of 20.11.3.109 NMAC that are required to be satisfied at all times, in such 2006 PM 2.5 

### nonattainment and maintenance areas conformity determinations must include a demonstration that the budget or interim emissions tests are satisfied as described in the following: (1) FHWA/FTA projects in such PM 2.5 

### nonattainment and maintenance areas shall satisfy the appropriate hot

- spot test required by S ubsection A of 20.11.3.116 NMAC

. (2) In such PM 2.5 

### nonattainment and maintenance areas the budget test must be satisfied as required by 20.11.3. 118 NMAC for conformity d eterminations 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 maintenance plan for the 2006 PM 2.5 

### NAAQS is adequate for
tran sportation conformity purposes; (b ) the publication date of EPA’s approval of such a bud get 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) In such PM 2.5 

### nonattainment areas the interim emissions tests shall be satisfied as required by 20.11.3. 119 NMAC for conformity determinations made if there is no approved motor vehicle emissions budget from an applicable implementation plan for the 2006 PM 2.5 

### NAAQS and no adequate motor vehicle emissions budget from a submitted control strategy implementation plan revision or maintenance plan for the 2006 PM 2.5 

### NAAQS.K. 2006 PM 2.5 

### NAAQS nonattainment and maintenance areas with motor vehicle emissions budgets for the 1997 PM 2.5 

### NAAQS that cover all or a portion of the 2006 PM 2.5 

### nonattainment area. In addition to the criteria listed in Table 1 in Subsection B of 20.11.3.109 NMAC that are required to be satisfied at all times, in such 2006 PM 2.5 

### nonattainment and maintenance areas conformity determinations shall include a demonstration that the budget or interim emissions tests are satisfied as described in the following:

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 20 (1) FHWA/FTA projects in such PM 2.5 

### nonattainment and maintenance areas must satisfy the appropriate hot

- spot test required by Subsection A of 20.11.3. 116 NMAC. (2) In such PM 2.5 

### nonattainment and maintenance areas the budget test shall be satisfied as required by 20.11.3. 118 NMAC for conformity d eterminations 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 maintenance plan for the 2006 PM 2.5 

### NAAQS is ade quate for
tran sportation conformity purposes; (b ) the publication date of EPA’s approval of such a bud get 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) Prior to P aragraph (2) of Subsection K of 20.11.3.109 NMAC applying, the follo wing test(s) must be satisfied: ( a) if the 2006 PM 2.5 

### nonattainment area covers the same geographic area as the 1997 PM 2.5 

### nonattainment or maintenance area(s), the budget test as required by 20.11.3. 118 NMAC using the approved or ade quate motor vehicle emissions budgets in the 1997 PM 2.5 

### applicable implementation plan or implementation plan submission; (b ) if the 2006 PM 2.5 

### nonattainment area covers a smaller geographic area within the 1997 PM 2.5 

### nonattainment or maintenance area(s), the budget test as required by 20.11.3. 118 NMAC for either: ( i ) the 2006 PM 2.5 

### nonattainment area using corresponding portion(s) of the approved or adequate motor vehicle emissio ns budgets in the 1997 PM 2.5 

### applicable implementation plan or implementation plan submission where such portion(s) can reasonably be identified through the interagency consultation process required by 20.11.3.105 NMAC; or ( ii ) the 1997 PM 2.5 

### nonattainment area using the approved or adequate motor vehicle emissions budgets in the 1997 PM 2.5 

### applicable implementation plan or implementation plan submission ; i f additional emissions reductions are necessary to meet the budget test for the 2006 PM 2.5 

### NAAQS in such cases, these emissions reductions must come from within the 2006 PM 2.5 

### nonattainment area; ( c ) if the 2006 PM 2.5 

### nonattainment area covers a larger geographic area and encom passes the entire 1997 PM 2.5 

### nonatt ainment or maintenance area(s): ( i) the budget test as required by 20.11.3. 118 NMAC for the portion of the 2006 PM 2.5 

### nonattainment area covered by the approved or adequate moto r vehicle emissions budgets in the 1997 PM 2.5 

### applicable implementation plan or implementation plan submission; and the interim emissions tests as required by 20.11.3. 119 NMAC for either: the portion of the 2006 PM 2.5 

### nonattainment area not covered by the approved or adequate budgets in the 1997 PM 2.5 

### implementation plan, the entire 2006 PM 2.5 

### nonattainment area, or the entire portion of the 2006 PM 2.5 

### nonattainment area within an individual state, in the case where separate 1997 PM 2.5 

### SIP budgets are estab lished for each state of a multi

- state 1997 PM 2.5 

### nonatt ainment or maintenance area; or ( ii ) the budget test as required by 20.11.3. 118 NMAC for the entire 2006 PM 2.5 

### nonattainment area using the approved or adequate motor vehicle emissions budgets in the applicable 1997 PM 2.5 

### implementation plan or implementation plan submission; ( d ) if the 2006 PM 2.5 

### nonattainment area partially covers a 1997 PM 2.5 

### nonattainment or maintenance area(s): ( i ) the budget test as required by 20.11.3. 118 NMAC for the portion of the 2006 PM 2.5 

### nonattainment area covered by the corresponding portion of the approved or adequate mot or vehicle emissions budgets in the 1997 PM 2.5 

### applicable implementation plan or implementation plan submission where they can be reasonably identified through the interagency consultation process required by 20.11.3. 105 NMAC; and ( ii ) the interim emissions tests as required by 20.11.3. 119 NMAC , when applicable, for either: the portion of the 2006 PM 2.5 

### nonattainment area not covered by the approved or adequate budgets in the 1997 PM 2.5 

### implementation plan, the e ntire 2006 PM 2.5 

### nonattainment area, or the entire portion of the 2006 PM 2.5 

### nonattainment area within an individual state, in the case where separate 1997 PM 2.5 

### SIP budgets are established for each state in a multi

- state 1997 PM 2.5 

### nonattainment or mainte nance area. ] [ L. ] E. Areas with limited maintenance plans : Notwithstanding the other subsections of 20.11.3.109 NMAC, an area is not required to satisfy the regional emissions analysis for 20.11.3.118 NMAC or 20.11.3.119 NMAC for a given pollutant and NAAQS if the area has an adequate or approved limited maintenance plan for such pollutant and NAAQS. A 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 violation to occur. A conformity determination that meets other applicable criteria in Table 1 of Subsection B of 20.11.3.109 NMAC is still required, including the hot

- spot requirements for projects in CO PM 10 

### and PM 2.5 

### areas.

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 21 [ M. ] F. Areas with insignificant motor vehicle emissions : Notwithstanding the other subsections of 20.11.3.109 NMAC, an area is not required to satisfy a regional emissions analysis for 20.11.3.118 NMAC or 20.11.3.119 NMAC for a given pollutant/precursor and NAAQS, if EPA finds through the adequacy or approval process that a SIP demonstrates that regional motor vehicle emissions are an insignificant contributor to the air quality problem for that pollutant/precursor 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 pollutant/precursor for a NAAQS violation to 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 projections of the growth of motor vehicle emissions. A conformity determination that meets other applicable criteria in Table 1 in Subsection B of 20.11.3.109 NMAC is still required, including regional emissions analyses for 20.11.3.118 NMAC or 20.11.3.119 NMAC for other pollutants/precursors and NAAQS that apply. Hot

- spot requirements for projects in CO
, PM 10 

### and PM 2.5 

### areas in 20.11.3.116 NMAC shall also be satisfied, unless EPA determines that the SIP also demonstrates that projects will not create new localized violations

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 f uture conformity determinations for that pollutant/precursor and NAAQS. [ N. ] G. Isolated rural non

- attainment 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 paragraph does not apply to “donut” areas which are outside the metropolitan planning boundary and inside the

n onattainment/maintenance area boundary. (1) FHWA/FTA projects in all isolated rural nonattainment and maintenance areas must satisfy the requirements of 20.11.3.110 NMAC, 20.11.3.111 NMAC, 20.11.3.112 NMAC, 20.11.3.116 NMAC, 20.11.3 .117 NMAC and Subsection D of 20.11.3.113 NMAC. Until EPA approves the control strategy implementation plan or maintenance plan for a rural CO nonattainment or maintenance area, FHWA/FTA projects shall also satisfy the requirements of Subsection B of 20.11.3.116 NMAC. (2) Isolated rural nonattainment and maintenance areas are subject to the budget or interim emissions tests as described in [ Subsections C through K ] Subsection C of 20.11.3.109 NMAC, with the following modifications : (a) When the requirements of Subsection D of 20.11.3.106 NMAC, 20.11.3.116 NMAC, 20.11.3.118 NMAC and 20.11.3.119 NMAC apply to isolated rural nonattainment and maintenance areas, references to “transportation plan ” or “ TI P” shall be taken to mean those projects in the statewide transportation plan or statewide TIP that are in the rural nonattainment or maintenance area. When the requirements of Subsection D of 20.11.3.106 NMAC apply to isolated rural nonattainment and mai ntenance areas, references to “MPO” shall be taken to mean the state department of transportation. (b) In isolated rural nonattainment and maintenance areas that are subject to 20.11.3.118 NMAC, FHWA/FTA projects shall be consistent with motor vehicle emissions budget(s) for the years in the time frame of the attainment demonstration or maintenance plan. For years after the attainment year (if a maintenance plan has not been submitted) or after the last year of the mainten ance plan, FHWA/FTA projects shall satisfy one of the following requirements: (i) 20.11.3.118 NMAC; (ii) 20.11.3.119 NMAC (including regional emissions analysis for NO x 

### in all ozone nonattainment and maintenance areas, notwithstanding Paragraph (2) of Subsection F of 20.11.3.119 NMAC); (iii) as demonstrated by the air quality dispersion model or other air quality modeling technique used in the attainment demonstration or maintenance plan, the FHWA/FTA project, in combination with all other regi onally significant projects expected in the area in the time frame of the statewide transportation plan, shall 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 st andard in any area; or delay timely attainment of any standard or any required interim emission reductions or other milestones in any area ; c ontrol measures assumed in the analysis shall be enforceable. (c) The choice of requirements in Subparagraph (b) of Paragraph (2) of Subsection [ N ] G of 20.11.3.109 NMAC and the methodology used to meet the requirements of Item ( iii ) of Subparagraph (b) of Paragraph (2) of Subsection[ N ] G of 20.11.3.109 NMAC shall be determined through the interagency consultation process required in Subparagraph (h) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC through which the relevant recipients of Title 23 U.S.C. or Federal Transit Laws f unds, the local air quality agency, the state air quality agency and the state DOT shall reach consensus about the option and methodo logy selected. EPA and DOT shall be

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 22 consulted through this process as well. In the event of unresolved disputes, conflict s may be escalated to the governor consistent with the procedure in Subsection E of 20.11.3.105 NMAC, which applies for any state air agency comments on a conformity determination. [20.11.3.109 NMAC - Rn & A, 20.11.3.206 NMAC, 11/15/10; A, 10/15/12 ]

20.11.3.116 CRITERIA AND PROCEDURES: LOCALIZED CO , PM 10 

### AND PM 2.5 

### VIOLATIONS (hot

- spots): A. S ubsection A of 20.11.3.116 NMAC applies at all times. The FHWA/FTA project shall not cause or contribute to any new localized CO
, PM 10 

### or PM 2.5 

### violations or i ncrease the frequency or severity of any existing CO
, PM 10 

### or PM 2.5 

### violations, or delay timely attainment of any NAAQS or any required interim emission reductions or other milestones in CO
, PM 10 

### and PM 2.5 

### nonattainment and maintenance areas. This criterion is satisfied without a hot

- spot analysis in PM 10 

### and PM 2.5 

### nonattainment and maintenance areas for FHWA/FTA projects that are not identified in Paragraph (1) of Subsection B of 20.11.3.123 NMAC. This criterion is satisfied for all other FHWA/FTA projects in CO, PM 10 

### and PM 2.5 

### nonattainment and maintenance areas if it is demonstrated that during the time frame of the transportation plan no new local violations will be created and the severity or

nu mber of existing violations will not be increased as a result of the project , and the project has been included in a regional emissions analysis that meets applicable 20.11.3.118 NMAC or 20.11.3.119 NMAC requirements. The demonstration shall be performed accordi ng to the consultation requirements of Paragraph (1) of Subsection D of 20.11.3.105 NMAC and the methodology requirements of 20.11.3.123 NMAC. B. Subsection B of 20.11.3.116 NMAC applies for CO nonattainment areas as described in Paragraph (1) of Subsection [ F ] D of 20.11.3.109 NMAC

. Each FHWA/FTA project shall 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 frame of the transportation plan (or regional emissions analysis) e xisting localized CO violations shall be eliminated or reduced in severity and number as a result of the project. The demonstration shall be performed according to the consultation requirements of Subparagraph (a) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC and the methodology requirements of 20.11.3.123 NMAC. [20.11.3.116 NMAC - Rn & A, 20.11.3.2 13 NMAC, 11/15/10; A, 10/15/12 ]

20.11.3.118 CRITERIA AND PROCEDURES: MOTOR VEHICLE EMISSIONS BUDGET: A. The transportation plan, TIP and project not from a conforming transportation plan and TIP shall be consistent with the motor vehicle emissions budget(s) in the applicable implementation plan (or implementation plan submission). This criterion applies as described in Subsections C through[ N ] G of 20.11.3.109 NMAC. This criterion is satisfied if it is demonstrated that emissions of the pollutants or pollutant precursors described in Subsection C of 20.11.3.118 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 motor vehicle emissio ns budget(s) shall be demonstrated for each year for which the applicable ( or submitted) implementation plan specifically establishes a motor vehicle emissions budget(s), [ for the attainment year ( if it is within the timeframe of the transportation plan and conformity determination ), for the last year of the timeframe of the conformity determination (as described under Subsection D of 20.11.3.106 NMAC), and for any intermediate years within the time frame of the conformity determination as necessary so that the years for which consistency is demonstrated are no more than 10 years apart, ] and for each year for which a regional emissions analysis is performed to fulfill the requirements in Subsection D of 20.11.3.118 NMAC, as follows : (1) U ntil a maintenance plan is submitted: (a) emissions in each year (such as milestone years and the attainment year) for which the control strategy implementation plan revision establishes motor vehicle emissions budget(s) shall be less than or equal to that years motor vehicle emissions budget(s); and (b) emissions in years for which no motor vehicle emissions budget(s) are specifically established shall be less than or equal to the motor vehicle emissions budget(s) established for the most recent prior year ; f or example, emissions in years after the attainment year for which the implementation plan does not establish a budget shall be less than or equal to the motor vehicle emissions bu dget(s) for the attainment year

. (2) W hen a maintenance plan has been submitted: (a) e missions shall 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 year s for which the maintenance plan establishes motor vehicle emissions budgets ; i f the maintenance plan does not establish motor vehicle emissions budgets for any years

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 23 other than the last year of the maintenance plan, the demonstration of consistency with the motor vehicle emission budget(s) shall 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 maintenance plan ; the interagency consultation process required by 20.11.3.105 NMAC shall determine what shall be considered in order to make such a finding ; (b) f or years after the last year of the maintenance plan, emissions shall be less than or equal to the maintenance plan’s motor vehicle emissions budget(s) for the last year of the maintenance plan; (c) i f an approved or submitted control strategy implementation plan has established motor vehicle emissions budgets for years in the time frame of the transportation plan, emissions in these years shall be less than or equal to the control strategy implementation plan’s motor vehicle emis sions budget(s) for these years; and (d) f or any analysis years before the last year of the maintenance plan, emissions shall be less than or equal to the motor vehicle emissions budget(s) established for the most recent prior year. C. Consistency with the motor vehicle emissions budget(s) s hall be demonstrated for each pollutant or pollutant precursor in Subsection B of 20.11.3.2 NMAC for which the area is in nonattainment 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) shall be demonstrated by including emissions from the entire transportation system, including all regionally significant projects contained in the transportation plan and all other regionally significant highway and transit projects expected in the nonattainment or maintenance area in the time frame of the transportation plan. (1) Consistency with the motor v ehicle emissions budget(s) shall be demonstrated with a regional emissions analysis that meets the requirements of 20.11.3.122 NMAC and Subparagraph (a) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC. (2) The regional emissions analysis may be performed for any years in the time frame of the conformity determination (as described under Subsection D of 20.11.3.106 NMAC) provided they are not more than 10 years apart and provided the analysis is performed for the attainment year (if it is in the time frame of the transportation plan and conformity determination ) and the last year of the time frame of the conformity determination . Emissions in years for which consistency with moto r vehicle emissions budgets shall be demonstrated, as required in Subsection B of 20.11.3.118 NMAC, may be determined by interpolating between the years for which the regional emissions analysis is performed. (3) When the time frame of the conformity determination is shortened under Paragraph (2) of Subsection D of 20.11.3.106 NMAC, the conformity determination shall be accompanied by a regional emissions analysis (fo r informational purposes only) for the last year of the transportation plan, and for any year shown to exceed motor vehicle emissions budgets in a prio r regional emissions analysis (if such a year extends beyond the time frame of the conformity determination ). E. Motor vehicle emissions budgets in submitted control strategy implementation plan revisions and submitted maintenance p lans: (1) Consistency with the motor vehicle emissions budgets in submitted control strategy implementation plan revi sions or maintenance plans shall be demonstrated if EPA has declared the motor vehicle emissions budget(s) adequate for transportation con formity purposes and the adequacy finding is effective. However, motor vehicle emission budgets 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 EPA specifies otherwise in its approval of a SIP. (2) If EPA has not declared an implementation plan submission’s motor vehicle emissions budge t(s) adequate for transportation conformity purposes, the budget(s) shall not be used to satisfy the requirements of 20.11.3.118 NMAC . Consistency with the previously established motor v ehicle emissions budget(s) shall be demonstrated. If there are no previously approved implementation plans or implementation plan submissions with adequate motor vehicle emissions budgets, the interim emission tests required by 20.11.3.119 NMAC shall be satisfied. (3) If EPA declares an implementation plan submission’s motor vehicle emissions budget(s) inadequate for transportation conformity purposes after EPA had previously found the budget(s ) adequate , and conformity of a transportation plan or TIP has already been determined by DOT using the bu dget(s), the conformity determination shall remain valid. Projects included in that transportation plan or TIP could still satisfy 20.11.3.114 NMAC and 20.11.3.115 NMAC, which require a currently conforming transportation plan and TIP to be in place at

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 24 the time of a project’s conformity determination and that projects come from a conforming transportation plan and TIP. (4) EPA shall not find a motor vehicle emissions budget in a submitted control strategy implementation plan revisio n or maintenance plan to be adequate for transportation conformity purposes unless the following minimum criteria are satisfied: (a) the submitted control strategy implementation plan revision or maintenance plan was endorsed by the governor (or his designee) and was subject to a state public hearing; (b) before the control strategy implementation plan or maintenance plan was submitted to EPA, consultation among federal, state and local agencies occurred; full implementation plan documentation was provided to EPA; and EPA’s stated concerns, if any, were addressed; (c) the motor vehicle emissions budget(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 requirements for reasonable further progress, attainment or maintenance (whichever is relevant to the given implementation plan submission); (e) the motor vehicle emissions budget(s) is consistent with and clearly related to the emissions inventory and the control measures in the submitted 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 20.11.3.7 NMAC for definition); 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 motor ve hicle emissions budget, EPA shall revi ew the state’s compilation of public comments and response to comments that are required to be submitted with any implementation plan. EPA shall document its consideration of such comments and responses in a letter to the state indicating the adequacy of the submitted motor vehicle emissions budget. (6) When the motor vehicle emissions budget(s) used to satisfy the requirements of 20.11.3.118 NMAC are established by an implementation plan submittal that has not yet been approved or disapproved by EPA, the MPO and DOT’s conformity determinations shall be deemed to be a statement that the MPO and DOT are not aware of any information that would indicate that emissions consistent with the motor vehicle emissions budget shall 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 proc ess for implementation plan submissions: EPA will use the procedure listed in Paragraph (1) or Paragraph (2) of Subsection F of 20.11.3.118 NMAC to review the adequacy of an implementation plan submission: (1) When EPA reviews the adequacy of an implementation plan submission prior to EPA’s final action on the implementation plan, (a) EPA will notify the public through EPA’s website when EPA receives an implementation plan submission that will be re viewed for adequacy; (b) the public will have a minimum of 30 days to comment on the adequacy of the implementation plan submission ; i f the complete implementation plan is not accessible electronically through the internet and a copy is requested within 15 days of the date of the website notice, the comment period will be extended for 30 days from the date that a copy of the implementation plan is mailed; (c) after the public comment period closes, EPA will inform the state in writing whether EPA has found the submission adequate or inadequate for use in transportation conformity, including response to any comments submitted directly and review of comments submitted through the state process , or 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 S ubsection F of 20.11.3.118 NMAC; (d) EPA will publish a federal register notice to inform the public of EPA’s finding ; i f EPA finds the submission adequate, the effective date of this finding will be 15 days from the date the notice is published as established in the federal register notice, unless EPA is taking a final approval action on the SIP as described in Subparagraph (c) of Paragraph (2) of Subsection F of 20.11.3.118 NMAC; (e) EPA will announce whether the implementation plan submission is adequate or inadequate for use in transportation conformity on EPA’s website ; the website will also include EPA’s response to comments if any comments were received during the public comment period;

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 25 (f) i f after EPA has found a submission adequate, EPA has cause to reconsider this finding, EPA will repeat actions described in Subparagraphs (a) through (e) of Paragraph (1) o r Paragraph (2) of Subsection F of 20.11.3.118 NMAC unless EPA determines that there is no need for additional public comment given the deficiencies of the implementation plan submission; i n all cases where EPA reverses its previous finding to a finding of inadequacy under Paragraph (1) of Subsection F of 20.11.3.118 NMAC, such a finding will become effective immediately upon the date of EPA’s letter to the state ; (g) i f after EPA has found a submission inadequate, EPA has cause to reconsider the adequacy of that budget, EPA will repeat actions described in Subparagraphs (a) through (e) of Paragraph (1) or Paragraph (2) of Subsection F of 20.11.3.118 NMAC. (2) When EPA reviews the adequacy of an imple mentation plan submission simultaneously with EPA’s approval or disapproval of the implementation plan, (a) EPA’s federal register notice of proposed or direct final rulemaking will serve to notify the public that EPA will be reviewing the implementation plan submission for adequacy ; (b) the publication of the notice of proposed rulemaking will start a public comment period of at least 30 days; (c) EPA will indicate whether the implementation plan submission is adequate and thus can be used for conformity either in EPA’s final rulemaking or through the process described in Subparagraphs (c) through (e) of Paragraphs (1) of Subsection F of 20.11.3.118 NMAC ; i f EPA makes an adequacy finding through a final rulemaking that approves the implementation plan submission, such a finding will become effective upon the publication date of EPA’s approval in the federal register, or upon the effective date of EPA’s appro val if such action is conducted through direct final rulemaking ; EPA will respond to comments received directly and review comments submitted through the state process and include the response to comments in the applicable docket. [20.11.3.118 NMAC - Rn & A, 20.11.3.215 NMAC, 11/15/10; A, 10/15/12 ]

20.11.3.119 CRITERIA AND PROCEDURES: INTERIM EMISSIONS IN AREAS WITHOUT MOTOR VEHICLE EMISSIONS BUDGETS: A. The transportation plan, TIP and project not from a conforming transportation plan and TIP shall sati sfy the interim emissions test(s) as described in Subsections C through [ N ] G of 20.11.3.109 NMAC. This criterion applies to the net effect of the action (transportation plan, TIP or project not from a conforming transportation plan and TIP) on motor vehicle emissions from the entire transportation system. B. Ozone areas: The requirements of S ubsection B of 20.11.3.119 NMAC apply to all [ 1

- 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)(1) if a regional emissions analysis that satisfies the requirements of 20.11.3.122 NMAC and Subsections G through J of 20.11.3.119 NMAC demonstrates that for each analysis year and for each of the pollutants described in Subsection F of 20.11.3.119 NMAC: (a) the emissions predicted in the “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 emissions predicted in the “action” scenario are lower than emissions in the baseline year for that NAAQS as described in Subsection E of 20.11.3.119 NMAC by any nonzero amount [ : (i) 1990 emissions by any nonzero amount, in areas for the 1

- hour ozone NAAQS as described in Subsection C of 20.11.3.109 NMAC; or (ii) 2002 emissions by any nonzero amount, in areas for the 8

- hour ozone NAAQS as described in Subsection D and S ubsection E of 20.11.3.109 NMAC ]; (2) i n marginal and below ozone nonattainment areas and other ozone nonattainment areas that are not subject to the reasonable further progress requirements of CAA Section 182(b)(1) if a regional emissions analysis that satisfies the requirements of 20.11.3.122 NMAC and Subsections G through J of 20.11.3.119 NMAC demonstrates that for each analysis year and for each of the pollutants described in Subsection F of 20.11.3.119 NMAC: (a) the emissions predicted in the “action” scenario are not greater than the emis sions 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 emissions in the baseline year for that NAAQS as described in S ubsection E of 20.11.3.119 NMAC [ : (i) 1990 emissions, in areas for the 1

- hour ozone NAAQS as described in Subs ection C of 20.11.3.109 NMAC; or

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 26 (ii) 2002 emissions, in areas for the 8

- hour ozone NAAQS as described in Subsection D and Subsection E of 20.11.3.109 NMAC ]. C. CO areas: This criterion may be met: (1) i n moderate areas with design value greater than 12.7 ppm and serious CO nonattainment areas that are subject to CAA Section 187(a)(7) if a regional emissions analysis that satisfies the requirements of 20.11.3.122 NMAC and Subsections G through J of 20.11.3.119 NMAC demon strates that for each analysis year and for each of the pollutants described in Subsection F of 20.11.3.119 NMAC: (a) the emissions predicted in the “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 emissions predicted in the “action” scenario are lower than [ 1990 ] emissions in the baseline year for that NAAQS as described in Subsection E of 20.11.3.119 NMAC by any nonzero amount; (2) i n moderate areas with design value less than 12.7 ppm and not classified CO nonattainment areas if a regional emissions analysis that satisfies the requirements of 20.11.3.122 NMAC and Subsections G through J of 20.11.3.119 NMAC demonstrates that for each analysis year and for each of the pollutants described in Subsection F of 20.11.3.119 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 in the baseline year for that NAAQS as described in Subsection E of 20.11.3.119 NMAC

. D. PM 2.5 

### , PM 10 

### and NO 2 

### areas : This criterion may be met in PM 2.5 

### , PM 10 

### and NO 2 

### nonattainment areas if a regional emissions analysis that satisfies the requirements of 20.11.3.122NMAC and Subsections G through J of 20.11.3.119 NMAC demonstrates that for each analysis year and for each of the pollutants described in SubsectionF of 2 0.11.3.119 NMAC, one of the following requirements 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 in the baseline year for that NAAQS as described in Subsection E of 20.11.3.119 NMAC ; b asel ine emissions are those estimated to have occurred during calendar year 1990, unless the conformity implementation plan revision required by 40 CFR 51.390 defines the baseline emissions for a PM 10 

### 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 implementation plan. E. [ PM 2.5 

### areas ] Baseline year for various NAAQS : [ This criterion may be met in PM 2.5 

### nonattainment areas if a regional emissions analysis that satisfies the requirements of 20.11.3.122 NMAC and Subsections G through J of 20.11.3.119 NMAC demonstrates that for each analysis year and for each of the pollutants described in Subsection F of 2 0.11.3.119 NMAC, one of the following requirements is met] The baseline year is defined as follows : (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 ] 1990, in areas designated nonattainment for the 1990 CO NAAQS or the 1990 NO 2 

### NAAQS. (2) [ the emissions predi cted in the “action” scenario are not greater than : ] 1990, in areas designated nonattainment for the 1990 PM 10 

### NAAQS, unless the conformity implementation plan revision required by 40 CFR 51.390 defines the baseline emissions for a PM 10 

### 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 implementation plan. [ (a) ] (3) 2002 [ emissions ] , in areas designated nonattainment for the 1997 ozone NAAQS or 199 7 PM 2.5 

### NAAQS .[ ; or ] [ (b) emissions in ] (4) the most recent year for which EPA’s Air Emissions Reporting [ Requirements ] Rule (40 CFR Part 51, Subpart A) requires submission of on

- road mobile source emissions inventories , as of the effective date of [ nonattainment] designations [ for any PM 2.5 

### NAAQS other than the 1997 PM 2.5 

### NAAQS ] in areas designated nonatt ainment for a NAAQS that is promulgated after 1997

. F. Pollutants: The regional emissions analysis shall be performed for the following pollutants: (1) VOC in ozone areas; (2) NO x 

### in ozone areas, unless the EPA administrator determines that additional reductions of NO x 

### would not contribute to attainment; (3) CO in CO areas; (4) PM 10 

### in PM 10 

### areas;

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 2 7 (5) VOC and NO x 

### in PM 10 

### areas if the EPA regional admini strator or the director of the air agency has made a finding that one or both of such prec ursor emissions from within the area are a significant contributor to the PM 10 

### nonattainment problem and has so notified the MPO and DOT; (6) NO x 

### in NO 2 

### areas ; (7) PM 2.5 

### in PM 2.5 

### areas; (8) re- entrained road dust in PM 2.5 

### areas only if the EPA regional admini strator or the director of the air agency has made a finding that emissions from re

- entrained road dust within the area are a significant contributor to the PM 2.5 

### nonattainment problem and has so notified the MPO and DOT; (9) NO x 

### in PM 2.5 

### areas, unless the EPA regional administrator and the director of the state air agency have mad e a finding that emissions of NO x 

### from within the area are not a significant contributor to the PM 2.5 

### nonattainment problem and has so notified the MPO and DOT; and (10) VOC, SO 2 

### and ammonia in PM 2.5 

### areas if the EPA regional administrator or the director of the
state air agency has made a finding that any of such precursor emissions from within the area are a significant contributor to the PM 2.5 

### nonattainment problem and has so notified the MPO and DOT. G. Analysis Years: (1) The regional emissions analysis shallb e performed for analysis years that are no more than 10 years apart. The first analysis year shall be no more than five years beyond the year in which the conformity determination is being made. The last year of the time frame of the conformity determination (as described under Subsection D of 20.11.3.106 NMAC) shall also be an analysis year. (2) For areas using Subparagraph (a) of Paragraph (2) of Subsection B, Subparagraph (a) of Paragraph (2) of Subsection C, and Paragraph (1) of Subsection D [ and Paragraph (1) of Subsection E ] of 20.11.3.119 NMAC, a regional emissions analysis that satisfies the requirements of 20.11.3.122 NMAC and Subsections G through J of 20.11.3.119 NMAC would not be required for analysis year s 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 20.11.3.119 NMAC can be satisfied by documenting that the transportation projects and planning

ass umptions in both scenarios are exactly the same, and consequently, the emissions predicted in the “action” scenario are not greater than the emissions predicted in the “baseline” scenario for such analysis years. (3) When the time f rame of the conformity determination is shortened under Paragraph (2) of Subsection D of 20.11.3.106 NMAC , the conformity determination must be accompanied by a regional emissions analysis (for informational purposes only) for the last year of the transportation plan

. H. “Baseline” scenario : The regional emissions analysis required by Subsections B through E of 20.11.3.119 NMAC shall estimate the emissions that would result from the “baseline” scenario in each analysis y ear. The “baseline” scenario shall be defined for each of the analysis years. The “baseline” scenario is the future transportation system that shall result from current programs; including the following (except that exempt projects list in 20.11.3.126 NMAC and projects exempt from regiona l emissions analysis as listed in 20.11.3.127 NMAC need not be explicitly considered): (1) all in

- place regionally significant highway and transit facilities, services and activities; (2) all ongoing travel d emand management or transportation system management activities; and (3) completion of all regionally significant projects, 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 or TIP; or have completed the NEPA process. I. “Action” scenario : The regional emissions analysis required by Subsectio ns B through E of 20.11.3.119 NMAC shall estimate the emissions that would result from the “action” scenario in each analysis year. The “action” scenario shall be defined for each of the analysis years. The “action” scenario is the transportation system that would result from the implementation of the proposed action (MTP, TIP or project not from a conforming transportation plan and TIP) and all other expected regionally significant projects in the nonattainment area. The “action” scenario shall include the following (except that exempt projects listed in 20.11.3.126 NMAC and projects exempt from regional emissions analysis as listed in 20.11.3.127 NMAC need not be explicitly considered): (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 shall be operational or i n 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;

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 28 (3) all 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 funding or approval, which have been fully adopted or funded by the enforcing jurisdiction or sponsoring agency since the last conformity determination; (4) the incremental effects of any travel demand management programs and transportation system management activities known to the MPO, but n ot included in the applicable implementation plan or utilizing any federal funding or approval, which were adopted or funded prior to the date of the last conformity determination, but which have been modified since then to be more stringent or effective; (5) completion of all expected regionally significant highway and transit projects which are not from a conforming transportation plan and TIP; and (6) completion of all expected regionally significant non

- FHWA/FTA highway and transit projects that have clear funding sources and commitments leading toward their implementation and completion by the analysis year. J. Projects not from a conforming transportation plan and TIP: For the regional emissions analysis required by Subsections B through E of 20.11.3.119 NMAC, 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 sh all include the project with its original design concept and sco pe, and the “action” scenario shall include the project with its new design concept and scope. [20.11.3.119 NMAC - Rn & A, 20.11.3.216 NMAC, 11/15/10; A, 10/15/12 ]

20.11.3.121 REQUIREMENTS FO R ADOPTION OR APPROVAL OF PROJECTS BY OTHER RECIPIENTS OF FUNDS DESIGNATED UNDER TITLE 23 U.S.C. OR THE FEDERAL TRANSIT LAWS. A. Except as provided in Subsection B of 20.11.3.121 NMAC, no recipient of federal funds designated under 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 finds that the requirements of one of the following are met: (1) the project comes f rom the currently conforming transportation plan and TIP (or meets the requirements of Subsection F of 20.11.3.104 NMAC during the 12

- month lapse grace period), and the project’s design concept and scope have not changed significantly from those which were included in the regional emissions analysis for that transportation plan and TIP; (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 F of 20.11.3.104 NMAC during the 12

- month lapse grace period), even if the project is not strictly included in the transportation plan or TIP for the purpose of MPO project selection or endorsement
, and the project’s design concept and scope have not changed significantly from those which were included in the regional emissions analysis; or (3) a new regional emissions analysis including the project and the currently conforming transportation plan and TIP demonstrates that the transportation plan and TIP would still conform if the project were implemented (consistent with the requirements of 20.11.3.118 NMAC or 20.11.3.119 NMAC for a project not from a conforming transportation plan and TIP). B. In isolated rural nonattainment and maintenance areas subject to Subsection [ N ] G of 20.11.3.109 NMAC, no recipient of federal funds designated under 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 finds that the requirements of one of the following are met: (1) 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 statewide TIP which are in the nonattainment or maintenance area, and the project’s design concept and scope have not changed significantly; or (2) a new regional emissions 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 st atewide TIP which are in the nonattainment or maintenance area would still conform if the project were implemented (consistent with the requirements 20.11.3.118 NMAC or 20.11.3.119 NMAC for projects not from a conforming transportation plan and TIP). C. N otwithstanding Subsection A and Subsection B of 20.11.3.121 NMAC, in nonattainment and maintenance areas subject to Subsection [ L ] E or Subsection [ M ] F of 20.11.3.109 NMAC for a given pollutant/precursor and NAAQS, no recipient of federal funds designated under 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,

### New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 29 unless the recipient finds that the requirements of one of the following are met for that pollutant /precursor and NAAQS: (1) the project was included in the most recent conformity determination for the transportation plan and TIP and the project’s design concept and scope has not changed significantly; or (2) the project was included in the most recent conformity determination that reflects the portion of the statewide transportation plan and statewide TIP which are in the nonattainment or maintenance area, and the project’s design concept and scope have no t changed significantly. [20.11.3.121 NMAC - Rn & A, 20.11.3.218 NMAC, 11/15/10; A, 10/15/12 ]

# ATTACHMENT B

Attachment B is a copy of the amended regulation indicating the changes made to the existing approved regulation/plan, as published in the New Mexico Register on September 28, 2012, Volume XXIJL Number 18.

## New Mexico Register I 

## Volume XXIII, Number 18/ September 28, 2012 663



## ALBUQUERQUEBERNALILLO COUNTY AIR QUALITY CONTROL BOARD

This is an amendment to 20.11.3 NMAC, Sections 7, 11, 105, 109, 116, 118, 119, and Ill, effective 10/15112.

20.11.3.7 DEFINITIONS: Terms used but not defined in 20.11.3 NMAC shall have the meaning given to them by the CAA, Titles 23 and 49 U.S.C., other EPA regulations, or other DOT regulations, in that order of priority. In addition to the definitions in Section 20.11.3.7 NMAC, the definitions in 20.11. I NMAC shall apply unless there is a conflict between definitions, in which case the definition in 20.11.3 NMAC shall govern. A. 

### I" I houa ozone PlA;\flS" ilitatiS the 1 heat Ol!Oiit national mubicat aio qualit) standmd codified at 49
CPR 59.9.]

### ,R,.es.,.e...,rv"'e~d'fi-1..,.,.....--...,.mre B. 1"8 hoUJ ozone Nh::AQS" mcmts the 8 hottr oz:one national ambient ah qualit) standmd codified at 48
CPR 59.19.]

### .,R,.es,.eo.;rv~e=d!+lhot.,...--flot C. ("2:4 houz PM

.. Ph\AQS" mcw1s the 24 hodl PP.t*' national ambient sit quality stm1datd codified at 49
CPR 59.6.] ,R

.... es.,.eurv..,edl"+!I9'1'-Pfot. D. ("199=7 PMi:5 NAAQS" nii>Ctc"'m"us-tltl><lCrlPPI'!wl.fH natiollal ambient ail qualit) slm1dmcb codified at49 CFR 59. 7.] Reserved E. [1!1886 PMH PIAAQS"

mcwu the 24 hotu PMH national wabicnt ail quality stwtdwd codified at 49 CFR 58.13.] Reseryed F. "Air agency" means the air quality division (AQD) of the city of Albuquerque environmental health department (EHD). The EHD,

or its successor agency or authority. as represented by the department director or his designee, is the lead air quality planning
agency for Albuquerque·Bemalillo county nonattainment/ maintenance areas. The EHD serves as staff to the AQCB and is responsible for administering and enforcing AQCB regulations. G. "Albuquerque metropolitan planning area (AMPA)"

means the portion of New Mexico state planning and development district 3 that comprises the area for which federal transportation funding allocated for areas of

a 200,000 or greater population is expended. The AMPA is described in the MPO's most
recent transportation plwming documents. H. ["lumual P!\t
.,. PJAAeS" mcwts the wmual PMM national ambient ail qualit) stmtdwd that EPA 

# Adopted Rules

"10ked "" Deccmbe• 18, 2006.] Reserved I. "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 II 0, or promulgated under Section I tO( c), or promulgated

or approved pursuant to regulations promulgated under Section 30i(d) and which implements the relevant requirements oftheCAA. J. "CAA" means the Clean Air**Ac~** as amended (42 U.S.C. 7401
et seq.). K. "Cause or contribute
to a new violation" for a project means: (I) to cause or contribute to a

new violation of a standard in the area substantially atTected by the project or over

a region which would otherwise not be in violation of the standard during the future period in question if the project were not implemented; 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 an area. L. "Clean data" means air quality monitoring data detennined by EPA to meet the applicable requirements of 40 CFR (Part] Parts 50 and 58 [that]llllil tQ indicate attainment of [the] J national ambient air quality standard. M. "Conformity analysis"

means any regional emissions analysis

or localized hot-spot computer modeling
assessments or any other analyses. which

serve as the basis for the confonnity determination. N. "Conformity determination" means the demonstration of consistency with motor vehicle emissions budgets or with the appropriate interim emissions test identified at 20.11.3.118 NMAC for each pollutant and precursor identified in the applicable SIP. The confonnity detennination is the affinnative written documentation declaring confonnity with the applicable implementation plan, which is submitted to FHWA and FTA for approval with EPA consultation. An affirmative confonnity detennination

means confonnity to the plan's purpose of eliminating or reducing the severity and number of violations of the national wnbient air quality standards and achieving expeditious attainment of such standards; and that such activities shall not: (I) 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. 0. "Consultation" means the process by which the affected agencies identified in 20.11.3.105 NMAC confer with each other, provide to the agencies all relevant information needed for meaningful input and. prior to taking any action, consider the views of the other agencies and (except with respect to those actions for which only notification is required and those actions subject to Subsection C of 20.11.3.1 05 NMAC and Subparagraph (g) of Paragraph (I) of Subsection D of 20.11.3.105 NMAC) respond in writing to substantive written
comments in a timely manner prior to any final decision on such action. P. "Control strategy implementation plan revision" means a revision to the implementation plan that contains specific strategies for controlling emissions of and reducing ambient levels of pollutants 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) 182(b)(l), 182(c)(2)(A), 182(c)(2)(B), 187(a)(7), 187(g), 189(a)(I)(B), 189(b)(l) (A) and 189(d); Sections 192(a) and 192(b), for nitrogen dioxide; and any other applicable CAA provision requiring a demonstration of reasonable further progress or attainment). Q. "Design concept"

means the type of facility identified by the project. e.g., freeway, expressway, arterial highway, grade-separated highway, reserved right-of-way rail transit. mixed·traffic rail transit. exclusive busway, etc. R. uoesign scope" or "scope" means the design aspects that shall affect the proposed facility's impact on regional emissions, usually as they relate
to vehicle or person carrying capacity and control, e.g., number of lanes or tracks to be constructed or added, length of project. signalization, access control including approximate number and location of interchanges, preferential treatment for high· occupancy vehicles, etc. S. "Donut areas" means geographic areas outside a metropolitan planning area boundary, but inside the boundary of a nonattainment or maintenance

area that contains any part of a metropolitan area(s). These areas are not isolated rural nonattainment and maintenance areas. T. "DOT" means the United States department of transportation. U. "EPA" means the United States environmental protection
agency. V. "FHWA" means the664 

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federal highway administration of the DOT. W. "FHWA/FTA project"

means any highway or transit project that 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. X. "Fiscally constrained"
means, consistent with DOT's metropolitan transportation planning regulations at 23 CFR Part 450. Y. "Forecast period"
means, with respect to a transportation plan, the time period covered by the transportation plan pursuant to 23 CFR Part 450. Z. "ITA" means the federal transit administration of the DOT. AA. "Highway project"

means an undertaking to implement or modify a highway facility or highway· related program. Such an undertaking consists of all required phases necessary for implementation. For analytical purposes. it shall be defined sufficiently to: (I) 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. 88. "Horizon year" means

a year for which the transportation plan describes the envisioned transportation system according to 20.11.3.106 NMAC. CC. "Hot-spot analysis"

means an estimation of likely future localized CO, PM 10 and PMu pollutant concentrations and a comparison of those concentrations to the national ambient air quality standards. Hot-spot analysis assesses impacts on a scale smaller than the entire nonattainment

or maintenance 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. DD. "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 or would otherwise exist during the future period in question if the project were not implemented. EE. "Isolated rural nonattainment and maintenance areas"

mean areas that do not contain or are not part of any metropolitan planning area
tlS designated under the transportation planning regulations. Isolated rural areas do not have federally required metropolitan transportation plans or TIPs and do not have projects that are part of the emissions analysis of any MPO's metropolitan transportation plan or TIP. Projects in such areas are instead included in statewide transportation improvement programs. These areas are not donut areas. FF. "Lapse" means that the conformity determination for a transportation plan or a TIP has expired. and thus there is

no currently conforming transportation plan and TIP. GG. "Limited maintenanee plan" means 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 shall have a design value that is significantly below a given NAAQS, and it shall be reasonable to expect that a NAAQS violation will not result from any level of future motor vehicle emissions growth. HH. "Loeal publidy-owned transit operator" means the current transit operator. the city of Albuquerque. II. "Maintenance area"

means any geographic region of the United States previously designated nonattainment 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. JJ. "Maintenance plan"

means an implementation plan under Section 175A of the CAA. as amended. KK. "Metropolitan planning organization (MPO)" means the policy board of an organization created as a result of the designation process in 23 U.S.C. 134(d). LL. "Mid-region council of governments (MRCOG)" means the association of local governments within New Mexico state planning and development district 3 (Bernalillo, Sandoval, Torrance and Valencia counties) that is designated by the governor of New Mexico, in consultation with the elected officials of the area, as the MPO for the Albuquerque metropolitan planning area MM. "Milestone" has the meaning given in CAA Sections 182(g) ( I) and 189( c) for serious and above ozone nonattainment areas and PM 10 nonattainment
areas, respectively. For all other nonattainment areas, a milestone consists of an emissions level and the date when that level shall be achieved as required by the applicable CAA provision for reasonable further progress towards attainment. NN. "Motor vehicle emissions budget (MVEB)" means the portion of the total allowable emissions defined in the submitted or approved control strategy implementation plan revision or maintenance plan for a certain date for the purpose of meeting reasonable further
progress milestones or demonstrating attainment or maintenance of the NAAQS, for any criteria pollutant or its precursors, allocated to highway and transit vehicle use and emissions. 00. ''National ambient air quality standards (NAAQS)" are those standards established pursuant to Section 109 of the CAA. PP. "NEPA" means the National Environmental Policy Act of 1969,

as amended (42 U.S.C. 4321 et seq.). QQ. "NEPA process completion" means, with respect to the FHWA and the FTA, the point at which there is a specific action to make a determination that a project 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. RR. "Nonattainment area" means any geographic region of the United States that has been designated as nonattainment under Section I 07 of the CAA for any pollutant for which a national ambient air quality standard exists. SS. uProject" means a highway project or a transit project. TT. "Protective finding"

means a determination by EPA that a submitted control strategy implementation plan revision contains adopted control

measures or written commitments to adopt enforceable control measures that fully satisfY the emissions reductions requirement relevant to the statutory provision for which the implementation plan revision

was submitted. such as reasonable further
progress or attainment. UU. "Public involvement committee (PIC)" means the permanent advisory committee established by the MRCOG to provide proactive public input
to the transportation planning process. VV. "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 23 U.S.C. or federal transit laws funds to
construct FHWA/FTA projects, operate FHWNFTA projects or**equipmen~** purchase equipment or undertake other services or operations via contracts or agreements. This definition does not include private landowners or developers or contractors or entities that are only paid for services or products created by their own employees. WW. "Regionally significant project" means a transportation project

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(other than an exempt project) that is on a facility which serves regional transportation needs (such as access to and from the area outside of the region, major activity centers in the region, major planned developments such as new retail**mall~** sports complexes,
etc. or transportation tenninals) and would normally be included in the modeling of a 

### metropolitan area's transportation network, including at a minimum all principal arterial highways and all fixed guideway transit facilities that offer an alternative to regional highway travel. XX.**~'Safety** margin" 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 applicable requirement for reasonable further progress, attainment

or maintenance. YY. ''Standard" means a national ambient air quality standard. ZZ. "State implementation plan (SIP)" (see applicable implementation plan). AAA. "State DOT" means the New Mexico department of transportation

or its successor agency or authority, as represented by the department secretary or his designee. BBB. "Title l3 U.S.C."

means Title 23 of the United States Code. CCC. "Transit" is mass transportation by bus, rail or other
conveyance that provides general or special service to the public on a regular and continuing basis. It does not include school buses or charter or sightseeing services. DOD. "Transit project"

means 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 and may consist of several phases. For analytical purposes,

a transit project shall be defined inclusively enough to: ( I) connect logical tennini 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. EEE. "Trans porta ti on conformity technical committee (TCTC)"

means the group that provides interagency consultation and consists of transportation. planning and air quality staff of the MPO. local government staff. staff from the state DOT, EPA, FHWA, FTA, 1md stalf from the air agency. and that is responsible for evaluating and establishing the assumptions and circumstances for the application of transportation and air quality models. FFF. "Transportation control measure (TCM)" means any

measure that is specifically identified and committed to in the applicable implementation plan. including a substitute

or additional TCM that is incorporated into the applicable SIP through the process established in CAA Section 176(c)(8}, that is either one of the types listed in Section 108 of the CAA, or any other measure that reduces emissions or concentrations of air pollutants from transportation sources by reducing vehicle use or changing traffic flow

or congestion conditions. Notwithstanding the first sentence of this definition, vehicle technology-based, fuel-based and maintenance-based measures that control the emissions from vehicles under fixed traffic conditions are not TCMs for the purposes of 20.11.3 NMAC. GGG. "Transportation improvement program (TIP)" means

a transportation improvement program developed by a metropolitan planning organization under 23 U.S.C. 134GJ. HHH. "T r a n sport at ion plan" means the official 20-year fiscally constrained intennodal metropolitan transportation plan (MTP) that is developed for the metropolitan planning area through the metropolitan planning process. pursuant
to 23 CFR Part 450. Ill. "Transportation project" is a highway project or a transit project. JJJ. "Written commitment" means a written commitment that includes a description of the action to be taken; a schedule for the completion 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. KKK. Acronyms (I) AMPA-Aibuquerque metropolitan planning area (2} AQCB·AibuquerqueBemalillo county air quality control board (3) CAA-Ciean Air**Ac~** as amended (4) CFR·code of federal regulations (5) CO-carbon monoxide (6) DOT-U.S. department of transportation (7) EHD-Aibuquerque environmental health department (8) EPA-U.S. environmental protection agency (9) FHWA-federal highway administration, DOT ( 10) FTA-federal transit administration, DOT (II) MPO-metropolitan planning organization ( 12) MRCOG-mid-region council of governments (13) MTB-metropolitan transportation board (14) MTP-metropolitan transportation plan ( 15) MVEB-motor vehicle emissions budget ( 16) NAAQS-national ambient air quality standards (17) NEPA·National Environmental Policy Act (18) NO, ·oxides of nitrogen ( 19) PIC·public involvement committee (20) PM..,-particulate matter less than or equal to 2.5 micrometers in diameter (21) PM 10-particulate matter less than or equal to 10 micrometers in diameter (22) SIP·state implementation plan (applicable implementation plan) (23) State DOT-New Mexico department of transportation (24) STIP-state transportation improvement program (25) TCC-transportation coordinating committee (26) TCM-transportation control

measure (27) TCTC-transportation confonnity technical committee (28) TIP-transportation improvement program (29) VOC-volatile organic compound (30) VMT-vehicle miles traveled [711/98; 20.11.3.7 NMAC

- Rn, 20 NMAC 11.03.1.7, & A, 611/02; A, 6/13/05; A, 12117/08;A, 11115/IO;A, 10/15/12]

20.11.3.11 DOCUMENTS: Documents incorporated and cited in 20.11.3 NMAC may be viewed at the Albuquerque environmental health department. one civic plaza NW, [room]**~3023,** 400 Marquette NW, Albuquerque, NM 87102. [711/98; 20.11.3.11 NMAC • Rn, 20 NMAC 11.03.1.11, 611/02; A, 6113105; A, 10/15/12]

10.11.3.105 CONSULTATION: A. General: Transportation plans and programs shall be in conformity with the applicable implementation plan (SIP) for the nonattainmenVmaintenance

area of Bernalillo county. The MRCOG,

as the MPO, is responsible for conducting the air quality transportation conformity analyses for all of Bernalillo county. The applicable plans and programs are the TIP and the MTP. The document serving to demonstrate conformity is the transportation/ air quality conformity finding. 20.11.3.105

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NMAC provides procedures for interagency consultation (federal, state and local) and resolution of conflicts. Such consultation procedures shall be undertaken by the MPO, state DOT and DOT with the air
agency and EPA before making conformity determinations and by the air agency and EPA with the MPO, state DOT and DOT in developing applicable implementation plan 

### revisions. B. Interagency consultation procedures: General factors: The affected agencies shall participate in an interagency consultation process to assure that proposed transportation investments conform with the applicable implementation plan developed pursuant to the CAA. The affected agencies shall participate in a consultation process during the development of the transportation-related elements in the applicable SIP (i.e. TCMs, the MTP, and the TIP under 23 CFR Section 450.314 and 49 CFR Section 613.100), any significant revisions to the preceding documents and all conformity determinations required by 20.11.3 NMAC. ( 1) The affected agencies acting in consultation include: EHD; EPA; FHWA; FTA; MPO; state DOT; local publiclyowned transit operator; appropriate local government transportation agencies and land use planning agencies (e.g. city of Albuquerque and Bernalillo county planning departments); and other federal and state agencies as appropriate. (2) Each lead agency in the consultation process required under Subsection D of 20.11.3.105 NMAC (i.e. the agency responsible for preparing the final document subject to the interagency consultation process) shall provide reasonable opportunity for consultation with the affected agencies identified above. The lead agency shall provide to the affected agencies all infonnation needed for meaningful input and shalt consider the views of each agency and respond in writing
to substantive written comments submitted during the fonnal comment period prior to making a final decision on such document. Such written response shall be made part of the record of any decision or action. Roles of these agencies are further described in Paragraph (I) of Subsection C of20.11.3.10S NMACbelow. (3) Project planning, public involvement, management systems, project development and other requirements for the MPO, state DOT and the local publiclyowned transit operator are covered by the applicable DOT rules and regulations for MPOs and state DOTs (23 CFR Part 450, 500, 626 and 771, 49 CFR 613). C. Interagency consultation procedures roles and responsibilities: (I) Development of transportation plans and programs and associated conformity determinations. (a) The MPO, as the lead transportation planning agency, has the primary responsibility in the AMPA for developing the MTP, TIP and technical analyses related to travel demand and other associated modeling. data collection and coordination of consultation for these activities with the agencies specified in Paragraph (I) of Subsection B of20.11.3.105 NMAC, in accordance with 23 CFR Part 450, 500 and 626. The MPO shall be responsible for regional emissions and travel demand analyses of the MTP and TIP in consultation with the EHD. Corridor and project-level hot spot and emissions analyses, developed in consultation with the EHD, shall be the responsibility of the project-implementing agency through the NEPA process or similar environmental evaluation process. (b) The committees and member agencies, identified in the most recent MPO document regarding public involvement procedures for transportation plans and
programs, entitled Public Involvement Procedures for the Mid-Region Council of Governments Acting as the MPO for the Albuquerque Metropolitan Planning Area, shall participate in the MPO process for the development, monitoring and revision of the MTP and the development of the TIP. (i) The MPO shall forward a preliminary version of the MTP, the TIP and the draft conformity finding
to the AQCB for review with a minimum of 14 calendar days to provide comments. Upon release of the final draft of the MTP and TIP for public review, the MPO shall submit the final drafts of the MTP, TIP and accompanying confonnity documents to the AQCB and agencies in Paragraph (I) of Subsection B of 20.11.3.105 NMAC for review and comment before adoption and final approval by the MTB. Following review of the conformity detennination. the AQCB shall state whether the TIP, the MTP or both are in compliance with the applicable implementation plan. The MPO shall provide a review and comment period consistent with the Metropolitan Planning Rule (23 CFR Section 450.316(a), 49 CFR Section 613). Briefings to the AQCB shall be provided upon request. (ii) The MPO shall provide infonnation and appropriate advance notification of meeting places, dates and times, agendas and supporting materials for all of its special and regularly scheduled meetings on transportation and air quality to each of the agencies specified in Paragraph (I) of Subsection B of 20.11.3.105 NMAC in accordance with the public involvement
process adopted by the MPO, consistent with the Metropolitan Planning Rule (23 CFR Section 450.316(a), 49 CFR Section 613) and described in the MRCOG's public involvement document. entitled Public Involvement Procedures for the Mid-Region Council of Governments Acting as the MPO for the Albuquerque Melropolilan Planning Area. The MPO's compliance with the New Mexico Open Meetings Act is documented annually. Resolution of conflicts shall follow the provisions of Subsection E of 20.11.3.105 NMAC. (2) Development of applicable implementation plans: Within the nonattainmenVmaintenance area. the EHD, in consultation with the MPO, shall be responsible for developing the transportation-related components for the applicable SIP, air quality modeling, general emissions analysis, emissions inventory, all related activities and coordination of these tasks with the agencies specified in Paragraph (I) of Subsection B of20.11.3.105 NMAC through the TCTC as described in Subparagraph (a) of Paragraph (I) of Subsection D of20.11.3.105 NMAC. Upon release of the final draft of the SIP revision for public review, the EHD shall submit the final draft document to the MTB and agencies in Paragraph (I) of Subsection B of 20.11.3.1 OS NMAC for review and comment before final adoption by the AQCB. The EHD shall provide at least a 30 day review and comment period consistent with CAA requirements. Briefings to the MTB shall be provided upon request. (3) The organizational level of regular consultation is described in Subsection B of 20.11.3.105 NMAC and Subsection C of 20.11.3.105 NMAC. All correspondence concerning consultation related to the transportation conformity SIP shall be addressed to the designated points of
contact below: (a) EPA: regional administrator or designee; (b) FHWA: division administrator

or designee; (c) FTA: regional administrator or designee; (d) State DOT: secretary of transportation or designee; (e) MPO: MRCOG executive director or designee; (t) EHD: director or designee; (g) local publicly-owned transit operator: chief administrative officer or designee; (h) local governments within the nonattainmenVmaintenance area: chief administrative officer or equivalent or designee. (4) The MPO shall respond in writing to substantive written comments from the affected consultation agencies described in Paragraph (I) of Subsection B of 20.11.3.105 NMAC regarding the MTP, TIP and related confonnity detenninations The project implementing agencies shall respond in writing to substantive written

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comments regarding projects in accordance with the provisions of 20.11.3 NMAC. The EHD shall respond in writing to substantive written comments from the affected consultation agencies described in Paragraph (I) of Subsection B of 20.11.3.105 NMAC regarding the transportation components of the applicable implementation plan for the nonattainment/maintenance area, in accordance with the provisions of 20.11.3 NMAC. All formal comments (e.g. those received during the public comment period) and responses to those comments shall be included within final documents before they

are forwarded for review and final approval by the FHWA/FTA or EPA, as appropriate. (5) Prior to AQCB adoption of

a TCM in the applicable implementation plan, the MPO shall, in consultation and coordination with the agencies identified in Paragraph (I) of Subsection D of20.11.3.105 NMAC, develop the proposed TCM in a

manner consistent with the MTP and TIP transportation development processes. After approval of a TIP, MTP or both, the AQCB shall incorporate all proposed TCMs into the applicable implementation plan. The necessary TCMs shall be specifically described in the applicable implementation plan. TCMs shall also be**cross~referenced** to the approved TIP, MTP or both. EHD shall coordinate the necessary efforts to achieve inclusion of the proposed TCM into the applicable implementation plan. The TCMs approved by the AQCB and subsequently by the EPA as part of the applicable implementation plan shall receive priority funding for implementation in a

manner consistent with funding and phasing schedules specified in the MPO's TlP or MTPorboth. (a) In the event that implementation of a TCM is infeasible in the time frame for that measure in the applicable implementation plan (as defined in Subsection D of 20.11.3.7 NMAC), the parties in the interagency consultation
process established pursuant to Paragraph (I) of Subsection D of 20.11.3.105 NMAC shall assess whether such a measure continues to be appropriate. When the MPO and the AQCB concur that a TCM identified in the applicable implementation plan is no longer appropriate, the agencies may initiate the process described in Subparagraph (b) through Subparagraph (e) of Paragraph (5) of Subsection C of 20.11.3.105 NMAC to identify and adopt a substitute TCM. (b) Substitution of TCMs. Any TCM that is specified in the applicable implementation plan may be replaced or added to the implementation plan with alternate or additional TCMs without an implementation plan revision if the proposed

measure meets the following provisions: ( i) upon request by the MPO, the EHD shall convene the TCTC to identify and evaluate possible substitute and additional measures; consultation with EPA
may be accomplished by sending copies of all draft and final documents, agendas and reports to EPA Region 6; (ii) the substitute TCM shall provide for equivalent or greater emissions reductions than the TCM to be replaced in the applicable implementation plan, as demonstrated by an emissions impact analysis that is consistent with the
current methodology used for evaluating the replaced TCM in the implementation plan; (iii) the substitute TCM shall be implemented in accordance with a schedule that is consistent with the schedule provided for the TCM contained in the applicable implementation plan;

or if the implementation plan date for implementation of the TCM to be replaced has already passed, a TCM selected pursuant
to 20.11.3 NMAC that requires funding shall be included in the first year of the next MTP and TIP adopted by the MPO; however, the substituted TCM shall be implemented as

soon as possible, but not later than one year from the date of the original TCM, and in no case, later than the date on which emission reductions are necessary to achieve the
purpose of the implementation plan; (iv) in order for the AQCB to adopt substitute and additional TCMs, there shall be evidence of adequate personnel, funding Wld authority under state

or local law to implement, monitor and enforce the control measures; commitments
to implement the substitute TCMs shall be made by the agency with legal authority for implementation; ( v) the TCMs substituted under 20.11.3.1 05 NMAC for purposes of the applicable implementation plan shall receive priority funding for implementation within the MPO's MTP and TIP funding
processes; and (vi) no TCM shall be replaced until the substitute TCM has been adopted and the existing TCM in the applicable implementation plan has been rescinded by the AQCB; adoption of a substitute TCM by the AQCB formally rescinds the previously applicable TCM and adopts the substitute TCM. (c) Public participation: After the

concurrence required under Subparagraph (a) of Paragraph (5) of Subsection C of 20.11.3.105 NMAC, the AQCB shall conduct a public hearing Wld comment process, in accordance with 40 CFR 52.102,

on the proposed substitute TCM(s). The hearing can only be held after a reasonable public notice and comment period, which begins at least 30 days prior to the hearing date. The AQCB shall ensure that: (i) the public is notified by prominent advertising in the area affected Wlnouncing the time, date Wld place of the hearing; (ii) each proposed plan

or revision is available for public inspection in at least one lOcation in the applicable area; (iii) the MPO, EPA, affected local agencies and othef interested parties are notified: and (iv) a description of the TCM(s), analysis supporting the proposal, assumptions and methodology are available
to the public, the MPO and EPA for at least 30 days before the public hearing and at least 30 days prior to the close of the public
comment period. (d) Concurrence process for substitute TCMs: (i) before initiating
any public participation process. the AQCB, MPO and EPA shall concur with the appropriateness and equivalency of the substitute or additional TCM; (ii) the AQCB shall respond to all public comments and submit
to EPA a summary of comments received during the public comment period along with the responses following the close of the public comment period; (iii) the EPA shall notify the AQCB within 14 days if EPA's

concurrence with the substitution TCM has changed as a result of public comment; (iv) all substitute TCMs shall be adopted by the AQCB following the public comment period and EPA's

concurrence described in Subparagraph (d) of Paragraph (5) of Subsection C of 20.11.3.105 NMAC; if not adopted, the substitute TCM cannot replace the existing TCM. (e) Technical information: The analysis of substitute TCMs shall be consistent with methodology used for evaluating TCMs in the nonattainment

or maintenance p!Wl. Where emissions models or transportation models have chWlged since those used for purposes of evaluating measures in the nonattainment or maintenance plan, the TCM to be replaced and the substitute TCMs shall be evaluated using the latest modeling techniques for
purposes of demonstrating equivalency

or greater emissions reductions. The key methodology and assumptions shall be consistent with EPA approved regional and**hot~spot** emissions models (for CO, PM 10 and PM 2. 3 ), the area's transportation model, and population and employment growth projections. (f) Record keeping: The AQCB shall maintain documentation of approved TCM substitutions. The documentation shall provide a description of the substitute Wld replaced TCMs, including requirements and schedules. The documentation shall also provide a description of the substitution
process including the public and agency participation and coordination with the

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TCTC, the public hearing and comment
process, EPA concurrence and AQCB adoption. The documentation shall he submitted to EPA following adoption of the substitute TCMs by the AQCB, and made available to the public as an attachment to the applicable implementation plan. (g) Adoption: (i) concurrence by the metropolitan planning organization, the
state air pollution control agency and the administrator as required by Subparagraph (i) of Paragraph (d) of Subsection C of 20. t 1.3.105 NMAC, shall constitute adoption of the substitute or additional control measures so long as the requirements of Paragraph (b) of Subsection C of 20. I 1.3.105 NMAC are met; (ii) once adopted, the substitute or additional control measures become, by operation of law, part of the state implementation plan and become federally enforceable; (iii) within 90 days of its concurrence under Subparagraph (i) of Paragraph (d) of Subsection C of20. I 1.3.105 NMAC, the state air pollution control agency shall submit the substitute or additional control measure to the administrator for incorporation in the codification of the applicable implementation plan; notwithstanding any other provision of the Clean Air Act, no additional state process shall be necessary to support such revision
to the applicable plan. (h) No requirement for express permission. The substitution or addition of a transportation control measure in accordance with Paragraph (5) of Subsection C of 20.11.3.105 NMAC and the funding or approval of such a control measure shall
not be contingent upon the existence of any provision in the applicable implementation plan that expressly permits such a substitution or addition. (i) No requirement for new conformity determination. The substitution

or addition of a transportation control

measure in accordance with Paragraph (5) of Subsection C of20.11.3.105 NMAC shall
not require: (i) a new conformity determination for the transportation plan; or (ii) a revision of the implementation plan. D. Interagency consultation procedures: Specific
processes. (I) Interagency consultation procedures for the Bernalillo county nonattainment/maintenance area, in accordance with Subsection C of 20. I 1.3.105 NMAC, shall involve the MPO (transportation, land use and transit members from within the AMPA), state DOT, EPA, FHWA, FTA and the air agency. The TCTC's role in interagency consultation for the specific processes is described below. The TCTC shall include representatives as described in Paragraph (I) of Subsection B of 20.11.3.1 05 NMAC. The TCTC shall be established by the air agency in cooperation with the MPO. The TCTC shall meet on an as-needed basis. The air
agency, in consultation with the MPO, shall be responsible for convening meetings and establishing meeting agendas. (a) The TCTC shall evaluate and participate in establishing the circumstances for the application of a transportation or air quality model (or models). Committee review shalt include VMT forecasting and associated methods and assumptions to be used in: I) hot-spot and regional emissions analysis for establishing motor vehicle emissions budgets; 2) developing the MTP and the TIP; 3) developing implementation plan revtstons directly applicable to transportation, and 4) making the conformity determinations and planning assumptions identified in 20.11.3.11 0 NMAC. The TCTC shall also review assumptions, analyses and results of the conformity and fiscal constraint determinations and other applicable implementation plan revisions or actions affecting the MTP and transportation
programs. The TCTC shall function as

a cooperative interagency effort to share mobile source modeling and transportation and air quality modeling information, and to evaluate modeling assumptions through interagency consultation. Regional modeling shall be the responsibility of the MPO and the air agency as appropriate. Hotspot analysis shall be the responsibility of the lead agency of the project requiring the analysis. Before new models used in hot-spot

or regional emissions analyses are adopted for general use, the TCTC shall be provided

an opportunity to review and comment. This
process also applies to consultation on the design, schedule and funding of research and data collection efforts regarding regional transportation models developed by the MPO (e.g. household travel transportation surveys) described in 20.11.3.11 0 NMAC. New modeling infonnation shall be presented by the air agency and the MPO in regularly scheduled meetings. (b) The TCTC shall determine which minor arterials and other transportation projects shall 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 systems

or extensions that offer an alternative to regional highway travel), and which projects shall be considered to have a significant change in design concept, timing and scope from the MTP or TIP. When the TCTC detennines that a significant change in design concept, timing and scope has occurred, the MPO and lead agency shall, as part of the MTP and TIP process, consult with the appropriate agencies identified in Paragraph (I) of Subsection D of 20.11.3.105 NMAC
to assess the impact of this project change

on the conformity determination. The MPO shall redetermine transportation conformity for air quality if a significant change occurs within the transportation network that is likely to lead to a meaningful increase in a pollutant for which the nonattainment area exceeds the NAAQS, or for an area that is designated as attainment and is subject to a maintenance plan. (c) The TCTC shall evaluate whether projects otherwise exempt from meeting the regional or hot-spot conformity analysis requirements shall be treated as non-exempt in cases where potential adverse emissions impacts may exist for any reason. The MPO's conformity documents shall include a list of transportation projects exempted from inclusion in a regional conformity determination. Exempt projects

are identified in 20. I 1.3.126 NMAC and 20.11.3.127 NMAC. The process used to reach a determination of exemption shall include an evaluation of whether or not the exempt project shall interfere with or impede the implementation of TCMs in the applicable implementation plan. If no substantive comments related to air quality impacts are received as part ofthe TlPreview
process, the lead agency for the project may proceed with implementation of the exempt project. If substantive air quality impact
comments are received which indicate that

an exempt project may adversely affect air quality, the lead agency for the project shall consult with the air agency and the MPO to determine the appropriate action necessary to address the adverse air quality impacts. (d) If TCMs are included in the SIP, the MPO shall give maximum priority
to approval or funding of those TCMs, report
to the AQCB annually whether those TCMs

are on schedule and, if not, what delays have been encountered, what obstacles to implementation have been identified and whether or not these obstacles are likely to be overcome. The AQCB shall also consider whether delays in TCM implementation necessitate a SIP revision to remove, substitute, or modify TCMs or identifY other reduction measures. If substitute TCMs

or other reduction measures beyond those already in the SIP are deemed necessary through the consultation process specified in 20.1 1.3.105 NMAC, the MPO shall work with the members of the TCTC to identify and coordinate appropriate modifications to the MTP, TIP and conformity determination. All revisions to the MTP, TIP and conformity determination shall be made as part of the MPO's transportation planning process. (e) The MPO shall, through its transportation planning process, notifY the agencies represented on the TCTC regarding

## New Mexico Register 

## I Volume XXIII, Number 18 

## I September 28, 2012 669

revisions and amendmenls to the MTP and TIP that merely add or delete exempt projecls identified in 20.11.3.126 NMAC. (I) If Bernalillo county is designated nonaltainment for PM 10 or PM,,, the consultative process as specified in Subsection D of 20.11.3.105 NMAC shall be used to coordinate the identification of projecls located at sites that have vehicle and roadway emission and dispersion characteristics which are similar to those sites that have violations verified by monitoring. A quantitative PM 10 hot-spot analysis shall be required for these projects in accordance with Subsection B of 20.11.3.123 NMAC. The air agency. in consultation with the MPO, shall advise the appropriate lead agency responsible for project development of the projects identified and the basis for their identification. (g) The MPO shall provide written notification to all agencies in the MTP, TIP and confonnity detennination processes. including the AQCB, of plan revisions or plan amendments that merely add or delete exempt projects identified in 20.11.3.126 NMAC. (h) Requiremenls for conformity
tests for isolated rural nonattainment and maintenance areas shall be governed by Subparagraph (c) of Paragraph (2) of Subsection [N] Q of 20.11.3.109 NMAC. (2) Interagency consultation procedures shall include the agencies specified in Paragraph (I) of Subsection D of20.11.3.105 NMAC. These agencies shall participate in the following processes. (a) In addition to .the triggers defined in 20.11.3.105 NMAC, the air agency may request a new conformity determination when an emergency project involves substantial functional, location or capacity changes, or when the project may otherwise adversely affect the transportation conformity determination. (b) I fan adjacent area is designated nonattainment and the area includes another MPO, the agencies involved shall cooperatively share the responsibility for conducting conformity determinations for transportation activities that cross borders of the MPOs or nonattainment areas. An agreement shall be developed between the MPOs and other appropriate local and state government agencies to address the responsibilities of each for regional emissions analysis. (3) Although the metropolitan planning area may not include all of the nonattainment/ maintenance area of Bernalillo county, the MPO (which is also the regional planning organization for all of Bernalillo county), in coordination with the state DOT, shall be responsible for conducting conformity analyses and conformity determinations for transportation activities for the entire nonattainment/ maintenance area that is located within the MPO's area of plarming responsibility. (4) Interagency consultation on regionally significant non-FHWA/FTA projecls: (a) Any group, entity or individual planning to construct a regionally significant transportation project that is not a FHWN FTA project (including a project for which alternative locations, design concept and
scope, or the no·build option is still being considered), including projects planned by recipients of funds designated under Title 23 U.S.C. or the Federal Transit**Ac~** shall

ensure that these plans are disclosed to the MPO on a regular basis through the MTP and TIP development processes, or as soon as they are identified, and shall notify the MPO immediately of any changes to an existing plan so that these transportation projects can be incorporated into the regional emissions analysis and modeling for the nonattainment/ maintenance area. Any member of the TCTC may request that the TCTC make a determination regarding whether a project is regionally significant. Upon receipt of

a written request stating the reasons why the TCTC should make a determination, the EHD in coordination with the MRCOG shall convene a meeting of the TCTC to make a determination regarding regional significance. If the TCTC determines that the non-FHWNITA project is not regionally**significan~** no further actions by the TCTC

are required. If the TCTC determines that the non-FHWAIFTA project is regionally**significan~** the TCTC will follow the requiremenls of 20.11.3 NMAC and the MPO will incorporate the project into the regional emissions analysis, the TIP and the MTP. (b) The sponsor of any regionally significant project, and other recipients of funds designated under Title 23 U.S.C. or the Federal Transit**Ac~** who knows about any such project through applications for approval, permitting, funding or otherwise gains knowledge of a regionally significant**projec~** shall promptly disclose the project
to the MPO. Such disclosures shall be made
not later than the first occasion on which any of the following actions is sought: any MTB action or other action by government decision making bodies necessary for the project to proceed, the issuance of administrative permits for the facility or for construction of the facility, the execution of a contract to design or construct the facility, the execution of any indebtedness for the facility, any final action of a board, commission or administrator authorizing or directing employees to proceed with design, permitting or construction of the project, or the execution of any contract to design or construct or any approval needed for any facility that is dependent upon the completion of a regionally significant project. At the earliest opportunity, the MPO shall apprise the agencies participating in the consultation
process identified above in Paragraph (I) of Subsection D of20.11.3.10S NMAC ofthese projecls and include them in the conformity analysis networks. (c) Procedures to address nonconforming regionally significant projects
not in the TIP or MTP or both. When an regionally significant project has not been included in the TIP or MTP or both, the TCTC shall participate in the air quality evaluation of a non-confonning regionally significant project to ensure that the project is integrated into the regional emissions analysis. the TIP and the MTP in a manner consistent with the MPO's transportation planning process, the requirements of 20.11.3 NMAC and other applicable federal requiremenls. Section 23 CFR 450.316 lists factors that shall be considered as part of the planning process. Among the factors that shall be considered is an analysis of the effects of all transportation projects
to be undertaken within the metropolitan plarming area, without regard to the funding

source. Therefore, a regionally significant project funded entirely with local funding is subject to the planning requirements of Section 23 CFR 450.316. The analysis shall consider the effectiveness, cost effectiveness, and financing of alternative investments in meeting transportation demand and supporting the overall efficiency and effectiveness of transportation system performance and related impacts on community/central city goals regarding social and economic development, housing and employment. Another factor that shall be considered is the overall social, economic, energy and environmental effects of transportation decisions (including consideration of the effects and impacts of the transportation plan on the human, natural and man-made environment and consultation with appropriate resource and permit agencies to ensure early and continued coordination with environmental

resource protection and management plans, and appropriate emphasis on transportationrelated air quality problems in support of 23 U.S.C. 109(h) and Section 14 of the Federal Transit Act (49 U.S.C. 1610), Section 4(1) of the DOT Act (49 U.S.C. 303) and Section 174(b) of the Clean Air Act (42 U.S.C. 7504(b)). All projects, including regionally significant projects not yet included in a TIP

or MTP or both, shall follow the requirement in 23 CFR 450.316 that calls for a proactive public involvement process that provides complete infonnation, timely public notice, full public access to key decisions, and supports early and continuing involvement of the public in developing plans and TIPs and that provides for involvement of local,
state and federal environment resource (e.g., EPA, EHD) and permit agencies as

### 670 

## New Mexico Register 

## I Volume XXIII, Number 18/ September 28, 2012
appropriate. (d) If a regionally significant project has not been disclosed in a timely

manner to the MPO and other agencies involved in the consultation process, then, for the purposes of 20.11.3.121 NMAC, the regionally significant project shall not qualify as a conforming project until the project complies with the requirements of 20.11.3 NMAC. When a regionally significant project has not been included in the regional emissions analysis for the
current conforming TIP or MTP or both, proceeding toward implementing the project without complying with 20.11.3.105 NMAC and 20.11.3.121 NMAC may be inconsistent with federal and local laws including, but not limited to the following. (i) 23 U.S.C. Section 109(i). This requires that the secretary of transportation for the DOT consult with the administrator for the EPA to develop and promulgate guidelines to assure that highways constructed pursuant to Title 23 of the U.S. Code are consistent with the applicable implementation piWl pertaining
to a nonattainment area or an attainment

area subject to a maintenance plan. 20.11.3 NMAC is part of the applicable implementation plan. (ii) 23 CFR Section 450.312, metropolitan transportation planning: Responsibilities, cooperation, and coordination. This prohibits the MRCOG from approving any transportation plan or program that does not confonn to the applicable implementation plan. Regionally significant projects are required to be included in the regional emissions analysis for the transportation plan or program. (iii) 23 CFR Section 450.324, transportation improvement
program: General. This requires that the TIP include all regionally significant projects
to be funded with non-federal funds in the air quality analysis for nonattainment areas Wld

areas subject to a maintenance plan. (iv) 20.11.3 NMAC, Transportation Conformity. This regulation requires that regionally significant projects be included in the transportation plans and the regional emissions Wlalysis. failure to include a regionally significant project in a transportation plan violates 20.11.3 NMAC and jeopardizes approval of the regional MTP and the TIP. (e) Consequences of implementing a non-conforming regionally significant project: Violations of 20.11.3 NMAC may result in criminal, civil and administrative penalties, including

a potential administrative penalty of$15,000
per day of non-compliance. In addition, the EPA may detennine that implementing a nonconfonning regionally significant project violates the applicable implementation plan. Wld the EPA may impose federal sanctions that would jeopardize the receipt of federal transportation funds to the affected area, including Title 23, U.S.C. or Federal Transit Act funds. In addition, the FHWA
must periodically review the transportation planning process used by the MRCOG, and failure to follow federal requirements may adversely affect FHWA's certification of the MRCOG process. (I) For the purposes of20.11.3.105 NMAC and 20.11.3.121 NMAC, the phrase "adopt or approve a regionally significant project.. means the first time any action necessary to authorize a project occurs, such as MY MTB action or other action by government decision making bodies
necessary for the project to proceed, the issuru1ce of administrative pennits for the facility or for construction of the facility, the execution of a contract to construct the facility, any final action of a board, commission or administrator authorizing

or directing employees to proceed with construction of the project, or any written decision or authorization from the MPO that the project may be adopted or approved. ( 5) When there is insufficient infonnation to model the projects described in Paragraph (4) of Subsection D of 20.11.3.105 NMAC, the MPO, in consultation with the lead agency for the project. shall make assumptions about the location, timing, design concept and scope for those projects that are disclosed to the MPO as required in Paragraph (4) of Subsection D of 20.11.3.105 NMAC. ( 6) The MPO or other consulting agencies shall provide copies of adopted documents and supporting information

on the approved MTP or TIP conformity detennination or adopted SIP revisions
to all agencies listed in Paragraph (I) of Subsection D of 20.11.3. I 05 NMAC. E. Resolving conHicts: (I) The air agency and the MPO (or state DOT when applicable) shall make

a good-faith effort to address the major

concerns of the other party and reach a resolution. Every reasonable effort shall be made to resolve differences. In the event that the parties cannot reach agreement. the conflict shall be escalated to the governor. (2) In the event that the parties
agree that every reasonable effort has been made to address major concerns but

no further progress is possible, the MPO shall promptly notify the director of the air agency in writing of the inability to resolve

concerns or agree upon the final decision or action. Notification shall be provided within 30 days and shall be provided by registered mail. The MPO shall cite this paragraph in MY such notification to the air agency. (3) The air agency has 14 calendar days from the date of receipt of notification

as required in Paragraph (2) of Subsection E of 20.11.3.105 NMAC to appeal to the governor. Notification shall be provided by registered mail. The air agency shall cite this paragraph in any notification of a conflict that requires action by the governor or his designee. If the air agency appeals to the
governor, the final conformity determination shall have the concurrence of the governor. The governor or his designee may issue

a written decision on the appeal within 30 calendar days of receipt of the appeal. If the air agency does not appeal to the governor within 14 calendar days from receipt of written notification, the MPO may proceed with the final conformity detennination. The governor may delegate his role in this
process, but not to the members or staff of: the AQCB, director of the city or county EHD, secretary of the environment department, chief of the state air quality bureau, manager of the city of Albuquerque's air quality division, the environmental improvement board, secretary of the DOT, state highway commission or an MPO. F. Public consultation procedures: Affected agencies making conformity determinations on transportation plans, programs Wld projects shall establish

a proactive public involvement process that provides opportunity for public review and comment by, at a minimum, providing reasonable public access to technical Wld policy infonnation considered by the agency at the beginning of the public comment period and prior to taking fonnal action on

a conformity determination for the MTP and TIP, consistent with these requirements and those of 23 CFR 450.316(b). Any charges imposed for public inspection Wld copying shall be consistent with the fee schedule contained in 49 CFR 7.43 and NMSA 14- 2-9.8.3. In addition, these agencies shall specifically address in writing all public
comments stating that known plans for

a regionally significant project, which is
not receiving FHWA or ITA funding or approval, have not been properly reflected in the emissions Wlalysis that supports a proposed conformity finding for the MTP

or TIP. These agencies shall also provide opportunity for public involvement in conformity detenninations for projects where otherwise required by law. [20.11.3.105 NMAC

- Rn & A, 20.11.3.202 NMAC, li/15/IO;A, 10/15/12]

20.11.3.109 CRITERIA AND PROCEDURES FOR DETERMINING CONFORMITYOFTRANSPORTATION PLANS, PROGRAMS, AND PROJECTS: GENERAL: A. In order for each transportation plan, program, and FHWN FTA project to be found to conform, the MPO and DOT shall demonstrate that the applicable criteria and procedures in 20.11.3 NMAC are satisfied. The MPO and DOT shall comply with all applicable conformity

## New Mexico Register 

## I Volume XXIII, Number 18/ September 28, 2012 671 requirements of implementation plans and court orders tbr the area which pertain specifically to conformity. The criteria for making conformity dctcnninations ditTcr based on the action under review (transportation plans, TIPs and FHWA/FTA projects), the relevant pollutant(s) and the
status of the implementation plan. B. Table I in Subsection B of20.11.3.J09 NMAC indicates the criteria and procedures in 20.11.3.110 NMAC through 20.11.3.119 NMAC, which apply for transportation plans, TIPs and FHWA/FTA projects. Subsection C [tluough Subsection I(] of20.11.3.1 09 NMAC explains when the**budge~** 

### illll! interim emissions [ond hot spot] tests are required for each pollutant and NAAQS. Sybsectjon D of 20 II 3.109 NMAC e;splajns when a hot-spot test js required Subsection [h] E of20.11.3.109 NMAC addresses conformity requirements for areas with approved or adequate limited maintenance plans. Subsection [M] E of 20.11.3.109 NMAC addresses nonattainment and maintenance areas which EPA has determined have insignificant motor vehicle emissions. Subsection [N) Q of20.11.3.1 09 NMAC addresses isolated rural nonattainment and maintenance areas, Table 1 follows:

### ~ABLE I. CONFORMITY CRITERIA

All Actions at all times: 20.11.3.110NMAC 20.11.3.111 NMAC 20.11.3.112NMAC
Transportation Plan:

TIP: Subsection B of20.11.3.113 NMAC 20. t 1.3.118 or 20.11.3.119 NMAC

Subsection C of20.11.3.113 NMAC 20.11.3.118 or 20.11.3.119 NMAC

Project (from a conforming plan and TIP): 20.11.3.114 NMAC 20.11.3.115 NMAC 20.11.3.116 NMAC 20.11.3.117 NMAC Latest planning assumptions Latest emissions model Consultation

TCMs. Emissions budget or interim emissions

TCMs. Emissions budget or interim emissions

Currently confonning plan and TIP Project from a conforming plan and TIP CO, PM 10 and PM 2.5 hot-spots PM I 0 and PM2.5 control measures
Project (Not From a Conforming Plan and TIP): Subsection D of20.11.3.113 NMAC TCMs. 20.11.3.114 NMAC Currently confonning plan and TIP 20.11.3.116 NMAC CO, PMIO and PM2.5 hot-spots 20.11.3.117 NMAC PM 10 and PM2.5 control measures 20.11.3.118 or 20.11.3.119 NMAC Emissions budget or interim emissions

C. (I houa ozone PJ.\:AQS IIOII&ttainmeut aud maintenanee aaeas) Regjonal egpformity test requjremepts for gil ggpgttajnmept apd maintenance greas: [Subsection C of 29.11.3.199 ?4MAC applies nhcn mt mea 

### is nouathtiumeat 01 maitdeiimtee fm tilt 

### 1 I tout ozone ?4AAQS (i.e.] Thjs proyjsion app!jes one year after the effective date of EPA's nonattainment designatjon for a NAAOS jn accordwce wjtb Subsection 

### p of20 I 1 3 2 NMAC and until the effective date of(any] revocation of[the I hout ozouc] 

### ID.l£h NAAQS for an

area 

### [1]. In addition to the criteria listed in Table I in Subsection 8 of20.11.3.1 09 NMAC that are required to be satisfied at all times, in such**[~]** nonattainment and maintenance areas, conformity determinations shall include a demonstration that the budget or interim emissions
tests are satisfied as described in the following: (I) In all [I how ozone] nonattainment and maintenance areas for a NAAOS the budget test shall be satisfied as required by 20.11.3. t 18 NMAC for conformity determinations for such NAAOS 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 maintenance plan for [the I hoUi**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 completed through direct final rulemaking. (2) (In ozone ••onattahlliitttt meas that we tequited to sub•••it a co•ttJol stratcg) i•••PICJttCJttatio•• plw• •c • isio•• fm tiJe l how ozone**~4A..'r:QS** (usual!) JJtodeaatc mid abo re mcas), the hotel im cn•issimts tests simi! be satisfied as tequhcd try 2B.II.3.1191'4MAC fot conlbtnJity deteJnJiJaations ntadc n he•• tlacJe 

### is 110 app1o red nwtoo Ycldele tillissim•s budget fiOlil mt applicable iJttpltnJCntaHma pima fm the I hottt ozmlt 1'4A::ltQS m1d no adequate motoJ •chicle emissions budget fJom a submitted couuol sttattg) implementation plwt ICWision ot maintCIIWICC piau foJ the 1 hottJ ozone ?4/n\QS.] Prior to Paragraph Cil ofSubsectjon C of20 II J 109NMAC applying for a NMOS jn a nonattainment

area that has approyed or adequate motor vehjc!e ernjssjons budgets joan applicable implementation plan or implementation plan submjssion for another NMOS of the same pollutant the followjng tests myst be satisfied· Cal jfthe nonattainment area covers the same geographic area as another NMOS of the same pollutant the budget test 

## as required by 20 II 3 118 NMAC ysjng the approyed or adequate motor vehjcle emjssions bydgets for tbgt other NAAOS: Cbl jfthe nonattainment area covers a smaller geographic area within an area for another NAAOS of the same po!lytant. the budget
test as reqyjred by 20 I I 3. I 18 NMAC for ejther {\} tbe nonattainment area. using corresponding nortion(s} of the approyed or adequate motor vehjcle emissions budgets672 

## New Mexico Register 

## I Volume XXIII, Number 18/ September 28, 2012

for that other NAAOS. where such oortjoo(sl

can reasonably be identified through the interagency consultation process reqyjred by 20.11 3 105 NMAC: or 00 the area designated nonattajnment for that other NAAOS. ysing the approyed or adequate motor vehjcle emjssjons bydgets for that other NAAOS. If addjtjonal emjssjons reductions 

## are
necessey to meet the budget test for the nonattajnment area for a NAAOS jo such

cases these emjssjons redyctjons must come from wjthjn such nooattajnment area: (cl jftbe nonattajnmeotareacoyers

a larger geograohjc area and encompasses 

### an entjre area for another NAAOS of the

same pollytant then ejtber Item (j) or ljj) of Subparagmph <cl of Paragraph <2> of Subsection C of20 I I .3 109 NMAC must be 100;

m the bydget test as requjred by 20 1 1.3 I I 8 NMAC for the portjon of the nona«ajnment area coyered by the approyed or adequate motor yehjc!e emissjons bydgets for that other NAAOS· and 2. the interim emjssjons tests 

### as reqyjred by 20 1 1.3 119 NMAC for one of the followjng areas· the oortjon of the nonattajnment area not coyered by the approved or adequate bydgets for that other NMOS· the entjre nonattajnment area: or the entire portjon of the nonattajnment area wjthjn an jodjyjdyal state jn the case where separate adeqyate or approved motor vehicle emissions hydgets for that other NAAOS

are estahljshed for each state of a multjstate nonattajnment or majntenance area; (jD the bydget test 

### as required by 20 II 3 II 8 NMAC for the entire nonattainment area usjng the approved

or adequate motor vehjc!e emjssjons bydgets for that other NAAOS· (d) jf the nonattainment area partially covers an area for another NAAOS of the same po!!ytant: <D the bydget test as required by 20 I I 3 II 8 NMAC for the portjon of the nonattainment area covered by the corresnondjng portjon of the approved or adequate motor vehjcle emissions budgets for that other NAAOS where they can be reasonably identified through the interagency consultatjon process required by 20.11 3. I 05 NMAC· and
<iil the jnterjm emjssjons
tests as requjred by 20.11 3 119 NMAC. when applicable for ejthec the portion of the nonattajnment area not covered by the approved or adequate bydgets for that other NAAOS· the egtjre nonattajnment area; or the entjre portjon of the nonattainment area wjthjn an jndjvjdual 

### state. jn the case where separate adequate or anproved motor vehicle emissions budgets for that other NMOS

are established for each state of a multjstate nonattainment or majntenance area (3) In a nonattajnment area. the interim emiSSions tests required by 20.11 3 119 NMAC must be satisfied for

a NAAOS jf neither Paragraph 0) nor paragraoh (2) ofSybgectjon C of20 II 3 109 NMAC applies for such NAAOS 

### [ffl] 

### ill An ozone nonattainment

area shall satisfY the interim emissions
test for NO,, as required by 20. 11.3.119 NMAC, if the implementation plan or plan submission that is applicable for the purposes of conformity determinations is a 15% plan

or [phase I attainment demoi!3l! at ion]**~** control strategy SIP that does not include

a motor vehicle emissions budget for NO

. The implementation plan for [the I

### ho~• =e] lYl NAAQS shall be considered to establish a motor vehicle emissions budget for NOx if the implementation plan or plan submission contains an explicit NQ, motor vehicle emissions budget that is intended to act 

### as a ceiling on future NO emissions, and the NO,. motor vehicle emisSions budget is a net reduction from NO emissions levels in [+999] the SIP's base!jn"e year. [(4) Ozone nonattainmcnt a!tt13 that hth e not submitted a maintenance plm1 m•d that me not ltquhed to submit a coat!ol sttatcg; implementation plrut JCUSIOI! fm the I hodl owac NAAQS (usuallj iildlginal and belo" a1 e

.. ) shall satisf) one of the follon hag requhcments. (a) the iatt1 im cmi:Bions tests 1tqbi1ed b) 29. I 1.3.119 HMAC, 01 (b) the state shallsbbmit to EP,\ m1 implementation plw1 1t' isiou fo1 the I hotu

ozone NAAQS that eoataias motm ochiele unissio1ts budget(s) and 

### a •casmutblc fUJ tltei p1og!tss 01 attainment demonsbation. m1d the bbdget test •eqHhed b) 29.11.3. 118 NMAC shall be satisfied ming the adeqbate 01 approved !l!OtOI oehiele C!ii!SS!OIIS bbdget(s) (as deselibed in P01ag1aph (I) of Subsection C of28.11.3.189 NMAC,.] (5) Notwithstanding [Pmag1aph (I) m•d Patag1aph (2)] Paragraphs W f2l and 

### Q.l of Subsection C of 20.11.3.109 NMAC, [modcmtc and abme owuc] nonattainment

areas with [tluee )<ills ol] clean data for [the I hobl 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 requirements for [the I hobi ozone] 

### !lml NAAQS shall satisfY

one of the following requirements: (a) the hydget test or the interim emissions tests as required by 20.11.3. 118 NMAC and 20. 11.3. 119NMAC as described in Paragraph C2l and l3l of Sybsectjon C of 20,11.3.109 NMAC; (b) the budget test as required by 20. 11.3.118 NMAC, using the adequate or approved motor vehicle emissions budgets in the submitted or applicable control strategy implementation plan for the [+- hom ozone] NAAQS for whjch the area is designated nonattainment (subject to the timing requirements of Paragraph (I) of Subsection C of 20. 11.3.109 NMAC; or (c) the budget test as required by 20. 11.3. 118 NMAC, using the motor vehicle emissions [of ozo11t piecmsmsJ in the most recent year of [ elean data
., niUlm YChielc eutissious budgets, if such budgets

me established b) the EPA 1ulcmakiag that dctcuaines that the mea hi13 clcmt dahl fo1 the l hou1 ozone t4AAQS] attainment as motor vehicle emjssions bydgets jfthe state

or local air quality agency requests that the
motor yehjcle emissjons jn the most recent year of attajnment be used 

### as bydgets and EPA approves the reqyest jn conjunction with the mlemakjng that deteonjnes that the

area has attajned the NAAOS for whjcb the

area is designated nonattajnment. 

### <6> For the**PM~** NMOS only the interim emjssjons tests must be satisfied 

## as reqyjred by 20 11.3 119 NMAC for conformity determinations made jf the submitted implementation plan reyjsion for a .eMljlnonattajnment area js a demonstration of Jmpracticability under CM Section
I 89(a)( 1 l<BlOD and does not demonstrate attainment

o. (8 haua ozo11e PJAAes nonattainmeut &lid maintenance &Ieas nithout motoa ;chicle emissions budgets fa; the l houa ozone NAAes faa auy poa tion oFthc 8 hom nonattaimueut &I ea) Hot-spot conformity test requjremegts for CO. PMl.o:! and PM 111 gogattajgmegt and majptenance areas: [Subsection D of 29. 11.3.199 II MAC applies to wellS that

ncae HCOCI designated nouatb:timnenl fo1 the I hoili ozone tM::AQS**m~d** mcas that ncae dcsiguated uouattainmeut fm the 1 hom

ozone NAAQS bbt that ne101 sbbmitted a eont1ol sttategj SIP 01 maintenance plan

wo ith app1 o • cd 01 adequate 1noto1 • chicle

CIII!SSIO!IS budgets. Subsection B of 29. I 1.3.199 liMA€ applies one )till afte1 the effGeti • e date of EPNs nonattahunwt designatio11 fm the 8 hom ooo11c 'tlAAQS fo1 au aaca; aceo1ding to Subsection B of 28.11.3.2**t~MAC.]** This provision anplies jn accordance wjtb Subsectjon D of 20 II 3 2 NMAC for a NAAOS and yntil the effectjve date of any revocation of such NMOS for**~** In addition to the criteria listed in Table I in Subsection 8 of 20. 11.3. 109 NMAC that are required to be satisfied at all times, [in such 8 houi ozone] project-level confounjty determinations jo CO**PM~** 

### ml..d.....fMu nonattainment and maintenance

areas [eonf01mit) dete!mbaations] shall include a demonstration that the [budget 01 intelim emissions tests] bot-spot tests for the anplicable NAAOS are satisfied as described in the following: [( 1) In such 8 bout ozo11e iiOnattaimnent and maintcnmJCe meas the budget test shall be 3atisfied 

### as acquh ed:

## New Mexico Register 

## I Volume XXIII, Number 18/ September 28, 2012 673

tal the elfecti'e dote 0 

### f lifW• budget{•) ItS dC!CI ibcd in Pmagraph 0) of tluoogh di1cet 6uol mlemakiug. Rudiug that 

# • motot**~chicle** C:IIII.,SIOIIS Subscctiorr B**of~9.11.:3.189 ~~hf2lt6.** **t~)** Pzior to Pmagraplr (I) 

### of bodget IU 

# • ••bmittcd control .!IIOtCg) 

## t5'**~~ot~1** ithstmrdirrg Pmagntph Subscctiorr E of**~8.11.3.1** 89 !IMAe iltrplcrtrerrtMiort piau rew is ion or rrtailtterranee 

### tl) ttnd Ptuagntph 

# m of Sttbscction 8 of uppl) iug, the folloniug test(s} •h•ll be phm 

### Mn the 8 hour omne**thta~tes** IS**~9.11.3.1** 89**~~~"'e.** omne rrorrattairutrent ••ti•6ed. adequate fm hmtspoatatiort conform it) 8:1CftS**~·** ith 

### tluee )CtliS of clean doto for tal if the 8 hottr oronc purposes, the 8 hottr omne**t\J's:,tc~S** thot**h~ne** not IIOIIfttmhiiiiCIIt mea covers the 

### same {b) the publication date of EPlllr's**~ttbmitted** a nutiutenauee plan aud thnt EPJ't geographic mea 

# .. the I hottr O!OIIe approwal of stteh 0 bttdget in the federal has determined are uot Sttbjeet to the €lean IIOIUttttthllllerlt or rnahrtenmree meft(s), register, or 2 4 dr Jiltet reasorrable fttrther piOgiCSS and the budget test 

# .. reqttired b)**~8.11.3.118** (e) the etfeeti •e date of EPJ't's attainment deiiiOitStlatiOII teqttirenrerrts for**11~1''e** ••iug the appro wed 01 odeqoote opp1010l of sueh 

# • bodget in the federal the 8 hour**o:~:one ~h~tA:es**  shall satist; Olle motor oehielc eiiiiSSIOIIS bttdgets in the register, if stteh opp1oool IS completed of tire folloning reqttirernents. I hour omne applieable irnplementa:tiorr tluottgh direct final tulema:k:ing. (a) the interim CIIIISSIOII! tests as plm101 irrrplerrrerrtatiorr plmr sttbrrrissiorr, 

# m hr omne norrattairuneut**area!~** 1eqoi1cd b)**~8.11.3.119** !IM,,e, (b) if the 8 hour 0).011C that me required to sttbrnit a control 3trateg)l {b) the bodget test 

# .. reqttired rrorratta:irrnrent mea COVCrS 0 snur:ller implementatiol! plan rewision for the 8 hoor b)**~9.11.3.118** :P.iMJ*t€, ttsiug the adeqttate geographic area II itltin tbe I hottr o:r::one otone**~~htn'\es** tusttall:y moderate and ttbowe or appro•ed motor vehicle CIIIISSIOriS IIOrrattairiiiiCIIt or tnairrtenmree area(s), aud certain 61earr 2*tir J*f:Ct, Pmt B, Sobpmt budgets Ill the sttbnritted 01 •pplieoble the bttdget test as reqtthed b)**~8.11.3.118** I areas,, the interim errrissions tests !half eonhol strateg' inrpleruerrtatitHI piau ftu the**!IM,~e** fo1 eithe1. be satisfied 

# .. required b)**~8.11.3.119** 8 hour o2:one**~·~'\~ tes**  sttbjeet to the timing 

### ti) the 8 hool !I

MAe fol eouformit, deterrnirratiorrs reqttirenrents of**Ptt~agraph** f I) of Subsection rrorrattairrnrerrt mea ttsing eorresporrdirrg made**~•hen** there IS no app1ooed motor B on8.11.3.18911MA8, 01 por tiort(s) of tire appro1ed or adcqnate 111otor -elricle ernissiorrs budget from mr applicable (e) the bodget test 

# .. required**~ehiele** CrUISSIOIIS bttdgets Ill the I hottr iutplerrrerrtatiorr plmr for the 8 hool omue b'**~8.11.3.118 ~~Ml'\6,**  ttsmg the motor O!OIIC applicable ir npleruerrtation piau 01**~~~1\l'\es** and 110 odcqootc motor**~chicle** •chicle CIIIISSIOIIS of OZOriC preetusors in inrpferuerrtation plmt sttbrrrissiorr**~~here** emissiorts bttdget from a submitted control the most recent 'em of clean data as motor sueh portionfs) cmrreasomtbl) be identified strateg)' in rplerrrerrtation piau re•isiou 01**~chicle** emissions bttdgets, if sttch bttdgets tlno1:1gb tbe irrteragerre, eorrsttltation process ruairrterrmtee pion for the 8 hom omne me established b' the EPA 1 olemaking thot 1eqoi1ed b)**~8.11.3.195** !IPo!Ae, 01 N,,,,es. deterruirres that the area has clean data fin tii) the I hottl t3) Stteh art 8 hottr omne the 

### 8 hottr omne 

### NMes. IIOrlftttai r1111Cr1t area ttsing the approved 01 nonattainment mea shall satist; the interim l'l. 8 boar ozone 

### N:Ji:,t,:QS adequate motor • chicle emissiorts bttdgcts in enrissions test for**~~8,.,** tiS reqttired b) ru1naUairrrnent I lid**maintenan~e** areas the I hottr omrre applicable irnplenrentation**~8.11.3.119 NM,~e.**  if the irrrplerrterrtatiorr nith IIIDtOI 1ehide emissiDns hadg:eb f'or pion 01 implcrrrerrfation plmr sttbrrtission, plan or plm1 submission that is applicable for the I hoar ozone 

### Nn,t,:QS that tG1er all if additional crrrissions r cdnetions are tire pttrposes ofeonforrrrit) deterrrrirrations is IU I pGI tiOII Gf the 8 hGal IIG nattaimnen t neeessm, to IIICCt the bttdget test for the

a**1:5~&** plan OJ othel eonlrol strateg, SIP that aua. Soboeetion E oH9.11.3.199**IIM,~e** 8 hottr OtOIIC**lht,~E)S** in sueb eases, these addresses Ieasorrab le fttrther progress thot applies one )Car after the cffi:cti 1c date ernissions redttctions slrall eorrre flom**~11itlrin** docs not inelttde a motor •chicle ernissiorts of BP.!*t's rrorrattttirunerrt dcsignatiort for the 8 hour nonattaimneut m ca, bttdget for N8,.. =fhe irnplementation plmr for the 8 hour ozone ll,t,,E)S for 811 mea; fe) if the 8 hottr omnc the 8 hour omne**~~ltoilreS** n ill be considered according to Sttbseetiorr 8 of**~9.11.H** noirattairrrttertt area cowers a larger to establish a motor 1 chicle emissions budget NM,,e. In additior1 to the criteria li•tcd geographic mea artd encompasses the entire for-Ne,. if the implementation plan 01 pla:rr in 'litblc I irt Sob•eetiou B**of~8.11.3.189** I hot11 ozone norratftthrnterat or naaintctrance submission contains mt explicit 

## ue,.-motor :P.IMJ'\6 that me required to be satisfied at all area(>):

• chicle emissions bttdget that is intended to times; in such 8 hottr O!OIIC rrouattairunent 

### ti) the bttdgct test 

# .. aetas a ceiling on ftttttre**~~ex** emissions, and aud rrtairttelranee areas eoufornrit' reqtti1ed b)**~9.11.3.118 11~"'e**  for the thc-Ne,. motor weltiele emissions bttdgct is a dcter1rrirrations slrall inelttde a demonstration portiort of tbe 8 hour omne nonttttainrrrcrrt
net reduction ftom N8,. emissions Ienis in that the bttdget or irrter izn errtissions tests me mea COICred b) the appro1ed 01 adeqttate**~** satisfied as deser ibed irt the follow• irrg. ruotor oehicle cnrissiorrs budgets in the 

### (4) 8!one norrattainrtrerrt areas {!) lu sttch 8 hool ozone I hottr O!OitC applicable irrrplernentation that ha1e not sttbmitted a maintenance plmt nortatta:iurrrerrt ftlld rrrairttenmree mcas d1e plan or irrrplenrerttatiotr plmr sttbmissiou, arrd arrd that me not required to submit a control bod get test shall be satisfied 

# .. reqttired (ii) the inter im strateg)' i nrp letnenttttiou plm• ICIISron fol b)**~9.11.3.118 ~IM:llrE**  fo1 eorrformit) enrissiorrs tests 

# .. reqttited b)**~9.11.3.119** the 8 hottr o2:one**~~~to'\es** {ttsttall) marginal determinations made on or after. IIM,,e fo1 either. the portion of the 8 hottr and certain €!tart 1ltir Jiltet, Pazt B. Subpart tal the etfeeti• c date of EIW• ozorte nonattainnrcnt ltlea rtot eo •ered b) tire I areas) •h•ll satisfJ one of the folio" ing finding that 

# • IIIOtOr**~chicle** cmissiorrs appro wed or adeqttatc budgets in the I hool 1 equb en rents. bodget in 0 ottbmitted eonttol 5tlaleg)**o:~~:one** implemerttation plan, the entire 8 hottr to) the interim ernissions tests itnplemerrtatiotl plan re• ision or rrrairrtenanee ozone rro1tattairnrrcr1 t mea; or the cutire 1eqoi1ed b)**~8.11.3.11911M,,e,** o1 pion fo1 the 8 hoo1 Otolle ll,'a'E)S is portion of the 8 hottr O!OIIC 11011attai11111Cr1t tb) the state s:ha:IJ submit to ffi 1 ran adequate fo1 tr mr:spor ration conform it, mea**~dthin** mr indi w idttal state, in the ease implementation plan re' ision for the 8 ltottr purposes,**~•here** separate I hour SIP budgets are O!OIIC**~~ltr:JilreS** that eoutaius ruotor oehiele tb) the pnblication date of EPA:'s established for each state of a multi state emissions bttdgetfs) and a reasonable fttr thcr appro1al of sueh a bttdget in the federal I ltour rtorrattaimrrertt or maintenmrcc mea; progress 01 attaimnent dC:IIIOIIStl atiOrl, ond register, or (d) if the 8 hottr O!One the bttdgct test reqttired b)**~9.11.3.118 fc~**  the etiecti•e date of EIW• nonattainment mea partial!) eo,ers a I hottl**~\****M1*t€** shall be satisfied using the adequate ttppn"'af of sueh 

# • budget Ill the fede1ol ozone J!OJ!attainmer!t or maintenance mcn:fs}.

OJ app•o•ed IIIOtOI •chicle ClhrSSIOIIS register. if such appro1al is com letcd ti) d1e budget test 

# ..

### 674 

## New Mexico Register I 

## Volume XXIII, Number 18/ September 28, 2012

•cquhcd b) 28.11.3.118 NMAC ttn the p011ion of the 8 hoUI OZ:OIIC IIOildUdiJllllGiil

mea cooCitd b) the tOiidponding portion of the app100td 01 adequate JliotOJ .chicle cmissio115 budgets m the 1 houa



### ozoue applicable implementation plan 01 in•plcuteJttatim& plan sub1nission nlttit the)

eau be Jtlt!onabl) idwtiticd tluough the
hiltidgGIIC) COIISU)tation piOCCSS JtqUiftd 

### bj 28.11.3.185**NM>~C.** and (ii) the inte1 im emissions
tests ttJ Jtquhcd b) 29.11.3.119 fJPvh\C, nhcn applicable, for cithca. the pmtion of the 8 hodl om•" nonattahuuwt mea not

co • titd b) the app1o ocd o• adequate budgeu in the I hoUJ ozone implementation piau, the cntite 8 hodl ozone aunattainmcnt mea;

or the cathc pottion of the 8 hom ozoriG nonattaimaeat mea nithin ru• indhidbaJ state, in the cruc ,_hcac 3tpwatc l hout SIP bttdgctJ me established for each Jtate in 

### a multi Jtatc I hom nonattainilieiit or iil&intenmtcc mea. (3} Such an 8 hom ozone nonatbliamcut mea Jhall satist) the inteaim cmi:tSions test fm NO,.. ll3 1cquhed b) 29.11.3.119 Nht.\0, if the ol'tl) implementation piWi 01 pfwt sttbmisJion that il applicable for the pm po3e3 of confounit) dctcuninati0113 IS a 15% pima

or othti conhol Jttattg) SIP that addresses rt&:JOiiable ftuthti p•ogacss that docs not inclttde a moto1 •chicle tliiisliOiu bttdgct for-NB,.. The huplemcntation plan f'()( the 8 how ozone NAAQS 

### •will be coll3ide•ed to establish a moto1 ochiclc tlhilliOIIl bttdget for-Ne,. if tilt impltiitcJatation plw1 01 plAit sttbmission contains wa explicit NO,.--motor •chicle emissions bttdget that is hatcndcd to act as a ecilhag on futwc ?JO,. Cllli3Sious, &Jid the-Ne

.. motet • chicle emissions bttdgct is

a net •cdttctioa fwm NO,. cndssionJ leYCb in 2992. Prior to m• adcqttate 01 appro • ed Ne

.. moto• ;chicle emissions bttdgct in the implementation plan sttbmission M1 the 8 hom ozone ?hl\i\QS, the implementation plan fm the I how OWiie NAAQS nill be collsiducd to establish a motor •chicle cmissimu budget fm NO,.--if-the inrplemcntation pla.11 contai11s m1 explicit Ne moto1 .chicle emissions bttdgct that is i:Jtcnded to act 83 a ceiling on futttrc Ne,. emislions, m1d the**NO"~** motor ;chicle enlislioru bttdget is a act ICdttction f10m Ne,. emissions lcoels in 1999. (4) tJot n ithstnudiag Pm ag• aph (1) mrd Pmag•aph (2} of Sttbscction E of 29.11.3.199 NP.b\6, OWIIC IIOIIattaimtiCiit

m

cas n ith three ) em 3 of clcm1 dam fm the 8 hom OUFIIC NAAQS that ha•c not sttbmittcd a mainttlimtct piau and that EPA ha:1 detcunincd we not subject to the Clem• Air Act itll301lablc furthti piOgJcss mad attabiintnt dcmou:stJation Itqttiltllltllts for the 8 hom ozone ?\;\i\QS shall satisfy one of tilt foUon brg ItqtthcnlCirts. (a} the bttd 6 ct tell 01 intca im emissions tests 83 Itqttiltd b) 28.11.3.118 

### NhMC mid 29.11.3.119 NM,\C m1d

.. dcsedbcd in Pmagutph (2) of Subsection E of28.11.3.189 Nt.b'tC, (b} the bodgct tc•t ••**~tqubed** b) 28.11.3.118 NMAC, ••ing**~•c** adeqoatc

01 app•o•ed moto1 •chicle embsions budgets 111 the lt:ibmittcd or applicable control sbatcgy huplcmcntation plmt f01 the 8 hoo1 ozone ll>'u'<QS 

### •abject to the timing JcquhtliieJill of Pmagraph (I} of Sttbscctiolr E of28.11.3.189 Nt.l>'i£, 01 (c) the bttdgct test &J 1tqubcd b) 29.11.3.118 ?4MltG, using the motor hhiele emissions of ozone prceuLJou in the most tcccnt 

### yew of clean data 83 motor Yehictc cmissio11s bttdgets, if lttch bttdgcts

rue established b) the EPJ\ attlcnmking that dettJJnintl tJ1at the mea hllJ elcm1 data fm the 8 how owne NAAQS. F. 

## ce uohattainmeut and 

### maintenance ar cas. In addition to the caitclia listed in Table 1 in Sttbscction B of 29.11.3.189 NMAC that me rcquhed to be satisfied at all times, in CO HOII&ttainmcnt and maintenance mcas eonformil:j dcttllithaatioJrs shall hit lade a dtittonstratiou that the hot lpot; bttdgct ot emission 1tductiou tests me lfttisficd 83 described m the following.] (I) FHWA/FTA projects in CO 

### nonattainment or maintenance areas shall satisty the hot-spot test required by Subsection A of 20.11.3.116 NMAC at all times; until a CO attainment demonstration

or maintenance plan is approved by EPA, FHWNFTA projects shall also satisty the hot·spot test required by Subsection B of 20.11.3.116 NMAC; [(2) m CO nonattainmwt mad mainteli&ICC aa eM the budget test :shaH be satisfied 43 rcquhed b) 29.11.3.118 tiMAC fm eohfounit) deteuninations made 011 01

(a) the elfcethe date of Efl\'s finding that a motm .chicle cmissionl bttdgct in a sttbmitted conliol st1ategy implementation piMt IC • ision 01 maintcnmtcc plmt b adeqttatc fm t1 WISpm tat ion COJifOIIUit) puipOSCS, (b} the publication date of EPNs appto;al of sttth a bttdgct ilt the federal ltgistti, 01 (c} the dfccthc date of EP.Ns app1 mal of stteh a budget in the fede1 al ICgistet, if Sttth appamal il completed tlnottgh dhcct finalrulcmakiag, (3) except 83 pto;idcd in Pmag1oph (4} ofSob5Cetion F of28.11.3.189 NMAC, 111 CO Hona:ttaimncnt Mt33 the intelim tiilllSIOIIS tests shall be satisfied

113 1cquhcd 

### bJ 28.11.3.119 liMAC fo1 confmthit) dctcimitJatimas Jilade nlltn thctc is no app10 ltd motoa Tthicle emissions bttdgct fwm an applicable implcmcntatiott plan mrd lid adcqttatc 1110tm Tthiclc emissions bude.ct 

### nom a Sttbmitted conttol stJatcgy iruplemcatation plan Jtoision or IIIAillteJidiiCC plmr. (4} GO aoaattaimncut arc83 that haoc not submitted a maintenance plm• and that aac not requircd to submit WI attainment demonshation (e.g. modcurte CO att33 nith

a design • alae of 12.7 ppm ot le33 01 act classified CO mcas) shall satisfJ Ohc of the**follo~•h•g** •eqtthcmeuts. (a) the intet im emissions tests**~tquilcd** b) 28.11.3.119**II~MC,** 01 (b} the state shall submit to EPA an implcmwtation plan IC v isiou that contains motel • chicle cmillions bttdgct(s) and mr attainmtllt demonsbation, and the budget
test rcquhed b) 29.11.3.118 NMAC lhall be satisf1td ttling the adequate 01 appi o • ed
motot vehicle cmisJions budget(l) (83 described in Pmagmph (2} of SttbJcction F of 28.11.3.18911MAC}. 

### 6. PM.._ uonattainnaent and maintenance Meas. In addition to the

t1 itet ia listed ia Table I in Subsection B of 28.11.3.199 IIMAC that a1c**~tquiicd** to be satisfied at all thncl, in PM,.. nonattaimacnt mtd ma:iateuancc aac83 eonfoanit) dctertirina.tions shall inclttde a dcmonsbatiorJ that the hot spot, budget 01 intclim emissiom test3 me satisfied 83 dtlttibcd in the follo11iug.] [(fJ] (2} FHWA/FTA projects in PM 10 non-attainment or maintenance areas shall satisfy the appropriate hot-spot test required by Subsection A of 20.11.3.116 NMAC; 

### lll!l! [(2} In PM... aonattainmwt mtd maintcnwlte meas nhc•e a bttdget 1s submitted fo1 the 24 hum PM,.**Nlu~QS,** the budget test shall be sati•fied

.. •cqui1cd b) 28.11.3.118 NPwh\:G fm confo11niey detti minations made on 01 Mlca. (a) the effccthc date of EPNs finding that a motot ; chicle emissions bttdget in a 3ttbmitted eonhol shatcg) 

### in•plt•nentation plan'' •bien 

### m •naintuutncc piau ad:cqttatc fm t1 m1spm httion eoafonnity ptttposcs, (b} the pttblication date of EP.Ns app1 o • al of sttcll a bttdget in the fedti al Itgistei, m (c)**~.e** effectioe date of EPN• app•o•al of such a bttdgct m the fcdctal tegbtCJ, if such app1ooal as completed tlnottglt ditcct 6Jaal rttlcmaking. (3} P1i01 to Pmag1aph (2} of Sttbscction 6 of 28.11.3.199 ?JMAG appl) ing, the budget test mttst be satisfied

as iCqbiled b) 29.11.3.118 llt.b'rC using the appi o .cd m adequate motor ochidc emissions bttdgct established fo1 the It •okcd mmual PM..e ?JAAQS, if lttcll a budget 

## .m- {4) In PMt-e nonatblinment mt83 the iate1 im cmbsiolts tcsb shall be satisfied

as 1eqttitcd b) 29.ll.3.lt9**t~MAG** fur coaafmmit) dcteimiltation:s rna.dc. (a) if the1e is no app1o;cd moto1

## New Mexico Register I Volume XXIII, Number 18/ September 28, 2012 675

YChielt Cilli33iOIIS budget fiOIII dli applitab)C implemwtation plm1 tdld 110 adequate motu• •chicle emissions budget from a submitted co•attol staateg; iiiiplcniGittatio•• plm• '" ision 01 maiatcntultt plan, 01 {b) if the sub•••ittcd iliipltliiCitbitim• plmt 1 e • ision is a dcmonst&ation of i•••praeticabilitj undca 

### CAA Section 189(a)(I)(B}(ii) and docs not dcnaoJuhatc attahunc•at. U. Pf8il ilOh&ttaiument and maiuttli&Litt aa cas. In addition to the clitcda listed in l'able l in**S~:~bscctiou** 8 of 29.11.3.199 nMAC that me 1tquhcd: to be satisfied at all times, in N0 1 aonattaimncnt 

### zwd maintenance mew eonfvunity dctCiilihtatious shall include a deutoiiSbation that the budget 01 inte1 hn cmi33imu tests me satisfied as dcsc• ibcd in the follon iug. {I) In 

## noi IIOII&fhtiament and mainttiiWICG &I cas the budget test shall be satisfied asocqobcd bJ 28.11.3.118**NM,~C** fot eonfoanit) dctenninations made 011 01

(a) the effi:ethe date of EPA's fi11ding that 

### a motOJ wchiele emissions budget m a submitted eontwl sliategy intpltiilCJ&tation plwt •e• ision ot IIJainteJ&WICC plru& adequate fm lim&spo•tation eoiifOJIIIif] pus poses,**(b~** the publication date of ER\'s appw • al of such a budget in the fedc1 al

I tgi:Jtei, 01 (c) tltt dfceth c date of EPNs appwYdl of such a budget m the fedGJal Jtgistet, if such appwwal IS completed tluough ditcd final Julemaking. (2) Ia lJOi nonattaiamcnt Wtd3 the iutctim emissions tests shall be satisfied

as ocqoioed b) 28.11.3.119 IIMAC foo COiifOllllit) dtlttlhiJUttiOJIS Utadt ••htli t)ICJC is no appiOYCd motoJ •chicle tnllsstons budget Aom an applicable implementation plan rutd no adequate motOJ ochielc emissions budget fwm a submitted contlol shatcgy implcmwtation plan JCYISJOII 01 •••aiJttcnwtce plwt. I. l99? nohattainmeut and mainttil&iitt aaeas. In addition to the clitclia listed in Table I of Subsection 

### B of 28.11.3.189 NM,\C that

me Jcquiled to be satisfied at all times; m PMH IIOUalbtinmcnt Wid mainttiiWICC W ed3 confounit) dcteuninations shall include a dcmonsttation that the budget OJ intelim emissions tests we satisfied as desetibcd in the folio n ing.) (ffl] 

### Ql FHWNFTA projects in (such 1997] PM,, nonattairunent

or maintenance areas must satisfy the appropriate hot-spot test required by Subsection A of 20.11.3.116 NMAC. [(2) in such 1997 PM.., liOlittttainmcnt mtd maintcnwwc mCli3 the budget test shall uc satisfied as 1tqui1Cd bJ 26.11.3.118**N~b\C** fvo COllfVIlhity detcuainatioas made 011 OJ afttt. (a) the elli:etioe date of CPN• lhtding that d iitOlOI wthiclt CiiiiSSIOiiS btsdgcf in a :Juhmittc:d contiOI st1atcg) ilttplciiltlitatiOit plitit it; isiOII OllltdillttitWICC plan adequate fm bWilpGJtatiOII coufOJmit) putposcs, {b) the publication date of EPA's appa o • at of such a budget in the fedcml

1 cgistcJ, 01 (c) the ctfceti we date of EPA's upp10 .al of such a budget m the fedca al acgistet, if such applo•al IS completed tlnough dhect finalsulcmaking, (3) in PMH"1liloonnorattttall1imllmn"'ac"o>ttt,.,.ru"e:asas the intclim emissions tests shall be satisfied

as oequioed b) 28.11.3.119 NMAC fur eoufonnit) deteuniuations made 

### if thc•e is

no apptowcd tnoto• •chicle cmissio••s budget fwm au applicable implcmtiibttion piWi and ao adequate moloi tthicJe cmiSJioaJ budget flom a submitted conbol 3hateg) ilitplcancl•tativll plan •e' 

### isim• 01 haahtteJamltc

d. 2886 Pl\li:5 PlAAQS nunattaiument and maillttuance a acas ;;itl&oat 199?' Pl\lw PIAAQS motu• •chide emissions budgets faa &II) poa tion of the 2996 PMw**PfAA~S** aaea. In addition to the edtclia li:5ttd in 'fable I in Subsection 

### B of28.11.3.189**NM,~C** dull rue oeqoioed
to be •atisfied at all times. in •oeh 2886 PMH nonatbtimaeut Wid maihttiidhct <d3 toltfounit) dctetntiatations must include a dcmonsb ation that the budget 01 iatelim cmissimu tests 

### me satisfied as desclibed in the follon iag. (I) FIIVIAIFTA pvjccts in such PMH liOIJUtt4ilii11Cilt Mid lii&hiteUWtct MC83 shall :5atisfy the app•opliatc hot spot test 1tquhcd b; Subsection n of 28.11.3.116 NMA&. (2) In lueh PM.., nonattaimnent and mainftliaacc 41Cd3 the budget test must be satisfied as 1tquitcd bj 28.11.3.118**~JMAC** f01 tOiifOtiltit) dtteliltinations litadt

on 01 after. (a) the cffGcth c date of EPA's finding that a motot wchielc tliilSSIOIIS budget m a submitted contJol shatcg; batplen&tlttation plmt ''' ision 01 utaiattltdhct plruo foo the 2886 PM.., IIAAQS il adeqoatc foa ltmupmtatio&t confmntit) pu1pose:5, (b) doe publication date of EPA's ttppto • al of such a budget m the fedti al

I egis ttl, 01 (e) the e!fccti • e date of EPA's 

### tt:PP• o • al of such a budget in the fedcml tcgistct, if such appwwal is completed tlnough dhect finalz ulcmaking. {3) Jn such P.MH uoliattaiament

meas the iatetim emissiow tests shall be ldtbficd as oequioed bj**28.11.3.119JIM,~C** for confm1atity detc••ainationslitade**if~tcte** is

no appao;cd 1notot •chicle tlllissions budget fwm ma applicable implementation plan fo1 doe 2886 PM,..**lh'n~QS** and no adequate
motot ochiclc emissions budget f1om a subtatittcd cmttJol :Jtratcgy ht&plcilltithttioi• plan ICYJ3JOH or mamtwmitc plan foa the 2886 PM.., IIAAQS. 1(. 2996 PMw NAAQS IIOIIAtl&illllieht and mailltCIIAiiCC &it&S

the l99'o/ PMN NAAQS that coo tu all 01 a po1 tion of the 2996 PMH nonattainmcnt

aaea. Ia addition to the clitelia listed in Table I in Subsection B of 28.11.3.189 NMAC that we 1tquitcd to be :5atisficd at all times, in such 2886 PMH IIOnattainmcnt m&d maintchance weas confounit) dctcanailtations slut! I ilitludc a dCJnOii!batiott that the budget 01 intetim emissioll3 tests we satisfied as dese1 ibed in the follow iug. (I) FIIWAIFFA ptojccts m such PMH IIOIIattaimucat wtd maintwwaec altll3
must satbf; the appiopaiatc hot spot test

• cquh cd by Subsection n of 28. I 1.3.1 J 6 NMA&. (2) In :5oth PMH nonattainment mid mainttllrutcc wcas the budget test shall be satisfied &3 ttqbi:cd bj 28.11.3.118 Nhh\C fo• eo•tfoamit) dctet•nh•ations •nadc Oil OJ afttl. (a} the cffecti" date of EPNs Rllding that a motot • chicle emissions budget in a submitted conttol sttatcg; ilttpltitltlit&tion plw• ttY ision 01 Itiaintcnmaee plan foo tloe 2886 PM., NAAQS i• adequate fm ttwup01tatima coilfOJlllit) pwposcs, (b) the publication date of EPNs app1 o • al of such a budget in the K:dc1 al

•cgistct. 01 (e) doc e!feeti oc date of EPNs appt o • al of such a budget in the fedt1 al JGgiSteJ, if such appto•al is completed tliiObgh dhcct finalwlcmaking. (3) Pdm to Pw ag• aph (2) of Subsection I( of 28.11.3.189 IIMAC appljing, tloe folloiiing test(s) must be

(a) ifthc 2996 PMH nonattainment

mea co.eu the SWIIG geogldphic mea 83 the

nithiu the 199'7 PMH noiiattaimnent ot maintcnmaee mca(s), the budget test as tcquitcd by 28.11.3.118lfhVtC fot citliCI. (i) the 2886 PM.., IIOBUthtitHI1Clil Wtd USbtg COiltSpOUdhtg

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## New Mexico Register 

## I Volume XXIII, Number 18/ September 28, 2012

adequate motot •chicle emissions budgets 

### ht tl•e 

### 1997 PMH upplieable itilpleatcattatio•a plan ot implementation plan :JubmiJsion, if additional emi!sious •cdttctions me iiCCtJSW) to meet the budget test for the 2996**PM~** NAAQS in such castS; these ezuissimu ttductions Iltust cotttt ftom n itltin the 2886 PMH nonattaiumcnt mea, (c) if the 2996**PM.,~'"''O"'""'at.,ta.tilmllmii"'CIMit** mea eu.CJs a lwgct geogaaphie mea mtd encompasses the cntbc 1997 PMH nottattaimllent 01 htaintettmacc mca(s). (i) the b•dgct test as ttquhcd bj 29.11.3.118**t~MAC** f01 the pm tioa of the 2686 f'lttfH nouattaiumcnt

mea cooued bj the appoowed 01 adequate
motot webiclc CIIIISSIOIIS budgets in the 1997**Pt.~** applicable itttplcnttitbltima plata

01 implementation pima submission, and the intcaim emissions tests as ICquhed b) 29.11.3.119 NMAC fm cithCi. the portion of the 2996 PM., HonattaiHmcnt alta
not eo•e•ed b) the appwocd 01 adequate budgets in the 1997 PMH implcmcutation plan. the cntiic 2996 PMH nonattaimnent
mea; 01 the cathc pmtioa of the 2996 PMH ••o••attahnucut wea n ithin m1 indi • idual state, in the case nhc1e sepwate 1997 PMH SIP b•dgcts aiC established fo1 each state of

as •cquhcd b) 29.11.3.118 lJMAC f01 the cnth c 2996 PMH aoaattainmcut w ea using the a ppm ocd 01 adequate motm Ythiele emissions budgets 

### in the applicable 1997 PM., implementation pla11 01 il••plc•••entation plrut submission. (d) 

### if the 2986**PMH~'I"JOmn"attttaitiiTrmmll"'e•nt•t** w ea pw tiall) coo eu a 1997 PMH ••m•attahunent ot Jnainttlluttcc wca(s). (i) the budget test as Itquiltd b) 29.11.3.118 NhfAC fo1 the poi uou of the 2896 PMH nonattaiameat

mea eowe1ed b) the COIICSpOUding pmtion of the appiootd 01 adequate motm wchielc emissions budgets in the 1997 PMH applicable implementation plrut 01 in•plcnlcntation plwl subsnissio11 nlttJC tl•cy

can be Jtasonabl) identified tlnough the biteiagcnc) consultation pooccss Icquhcd b) 29.11.3.1 95 NMAC, and (ii) the intc1 im emissions tests as Itquilcd b) 29.11.3.119

(hi 

### E. Areas with limited
mamtenance plans. Notwlthstandmg the other subsections of 20.11.3.109 NMAC,

an area is not required to satisfy the regional emissions analysis for 20.11.3.118 NMAC or 20.11.3.119 NMAC for a given pollutant and NAAQS if the area has an adequate or approved limited maintenance plan for such pollutant and NAAQS. A 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 violation to occur. A confonnity detennination that meets other applicable criteria in Table 1 of Subsection B of 20.11.3.109 NMAC is still required, including the hot·spot requirements for projects in CO PM 10 and PMu areas. 

### (M:I.F. Areas with Insignificant
motor vehicle emissions: Notwithstanding the other subsections of20.11.3.109 NMAC,

an area is not required to satisfy a regional emissions analysis for 20.11.3.118 NMAC

or 20.11.3.119 NMAC for a given pollutant!
precursor and NAAQS, if EPA finds through the adequacy or approval process that a SIP demonstrates that regional motor vehicle emissions are an insignificant contributor
to the air quality problem for that pollutant!
precursor 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 pollutant/precursor for a NAAQS violation to 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 detennined by monitoring data for that NAAQS, the absence of SIP motor vehicle control

measures and historical trends and future projections of the growth of motor vehicle emoss10ns. A confonnity detennination that meets other applicable criteria in Table I in Subsection B of 20.11.3.109 NMAC is still required, including regional emissions analyses for 20.11.3.118 NMAC

or 20.11.3.119 NMAC for other pollutants/
precursors and NAAQS that apply. Hot-spot requirements for projects in 

## co. PM 10 and PM,, areas in 20.11.3.116 NMAC shall also be satisfied, unless EPA detennines that the SIP also demonstrates that projects will not
create new localized violations 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 confonnity detenninations for that pollutant/
precursor and NAAQS. [N<I.!O. Isolated rural nonattainment 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 paragraph does not apply to "'donut" areas which are outside the metropolitan planning boundary and inside the nonattainmentl maintenance area boundary. (I) FHWAIFTA projects in all isolated rural nonattainment and maintenance

areas must satisfy the requirements of 20.11.3.110 NMAC, 20.11.3.111 NMAC 20.11.3.112 NMAC, 20.11.3.116 NMAC 20.11.3.117 NMAC and Subsection D of 20.11.3.113 NMAC. Until EPA approves the control strategy implementation plan or maintenance plan for a rura CO nonattainment or maintenance area. FHWA/FTA projects shall also satisfy the requirements of Subsection 8 of20.11.3.116 NMAC. (2) Isolated rural nonattainmen and maintenance areas are subject to the budget or interim emissions tests as described in [Sbb5tctioHs C duo•gh K) Subsection C of 20.11.3.109 NMAC, with the following modifications: {a) When the requirements of Subsection D of 20.11.3.106 NMAC 20.11.3.116 NMAC, 20.11.3.118 NMAC and 20.11.3.119 NMAC apply to isolated rural nonattainment and maintenance areas references to

..transportation plan" or •'TIP' shall be taken to mean those projects in the statewide transportation plan or statewide TIP that are in the rural nonattainment or maintenance area. When the requirements of Subsection D of 20.11.3.106 NMAC apply to isolated rural nonattainment and maintenance areas. references to "MPO shall be taken to mean the state departmen of transportation. (b) In isolated rural nonattainmen and maintenance areas that are subject to 20.11.3.118 NMAC, FHWA/FTA projects shall be consistent with motor vehicle emissions budget(s) for the years in the time frame of the attainment demonstration

or maintenance plan. For years after the attainment year (if a maintenance plan has not been submitted) or after the last
year of the maintenance plan, FHWA/FTA projects shall satisfy one of the following requirements: (i) 20.11.3.118 NMAC; (ii) 20.11.3.119 NMAC (including regional emissions analysis for NO,. in all ozone nonattainment and maintenance areas. notwithstanding Paragraph (2) of Subsection F of20.11.3.119 NMAC); (iii) as demonstrated by the air quality dispersion model or other air quality modeling technique used in the attainment demonstration or maintenance plan, the FHWA/FTA project, in**combin~tion** with all other regionally significant projects expected in the area in the time frame of the statewtde transportation plan, shall not cause

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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 any area; control measures assumed in the analysis shall be enforceable. (c) The choice of requirements in Subparagraph (b) of Paragraph (2) of Subsection [N] Q of 20.11.3.109 NMAC and the methodology used to meet the requirements of Item (iii) of Subparagraph (b) of Paragraph (2) of Subsection [N] Q of 20.11.3.109 NMAC shall be determined through the interagency consultation process required in Subparagraph (h) of Paragraph (I) of Subsection D of 20.11.3.105 NMAC through which the relevant recipients of Title 23 U.S.C. or Federal Transit Laws funds, the local air quality agency, the
state air quality agency and the state DOT shall reach consensus about the option and methodology selected. EPA and DOT shall 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 Subsection E of 20.11.3.1 OS NMAC, which applies for any state air agency comments on a conformity determination. [20.11.3.109 NMAC • Rn & A, 20.11.3.206 NMAC, 11/15110; A, 10/15/12]

20.11.3.116 CRITERIA AND PROCEDURES: LOCALIZED CO, PM,. AND PM,. VIOLATIONS (hotspots): A. Subsection A of 20.11.3.116 NMAC applies at all times. The FHWNFTA project shall not cause or contribute to any new localized CO, PM 10 or PMu violations or increase the frequency or severity of any existing CO, PM 10 or PMn violations, or delay timely attainment of any NAAQS or any required interim emission reductions or other milestones in CO, PM 10 and PMu nonattainment and maintenance

areas. This criterion is satisfied without

a hot-spot analysis in PM 10 and**PM .~**  nonattainment and maintenance areas for FHWA/FTA projects that are not identified in Paragraph (I) of Subsection B of20.11.3.123 NMAC. This criterion is satisfied for all other FHWA/FTA projects in CO, PM 10 and**PM _~**  nonattainment and maintenance areas if it is demonstrated that during the time frame of the transportation plan 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, and the project has been included in a regional emissions analysis that meets applicable 20.11.3.118 NMAC or 20.11.3.119 NMAC requirements. The demonstration shall be performed according to the consultation reqUirements of Paragraph ( l) of Subsection 

### D of 20.11.3.105 NMAC and Ihe methodology requirements of 20.11.3.123 NMAC. B. Subsection B of 20.11.3.116 NMAC applies for CO nonattainment areas as described in Paragraph (I) of Subsection (fi'J 

### 11 of 20.11.3.109 NMAC. Each FHWA/FTA project shall 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 frame of the transportation plan (or regional emissions analysis) existing localized CO violations shall be eliminated

or reduced in severity and number as a result of the project. The demonstration shall be perfonned according to the consultation requirements of Subparagraph (a) of Paragraph (I) of Subsection D of20.11.3.105 NMAC and the methodology requirements of20.11.3.123 NMAC. [20.11.3.116 NMAC • Rn & A, 20.11.3.213 NMAC. 11/15110; A, 10/15/12]

20.11.3.118 CRITERIA AND PROCEDURES: MOTOR VEHICLE EMISSIONS BUDGET: A. The transportation plan, TIP and project not from a confonning transportation plan and TIP shall be consistent with the motor vehicle emissions budget(s) in the applicable implementation plan (or implementation plan submission). This criterion applies as described in Subsections C through [N] Q of 20.11.3.109 NMAC. This criterion is satisfied if it is demonstrated that emissions of the pollutants or pollutant
precursors described in Subsection C of 20.11.3.118 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
motor vehicle emissions budget(s) shall be demonstrated for each year for which the applicable (or submitted) implementation plan specifically establishes 11 motor vehicle emissions budget(s), [fot the athtiament )em (if it is hithin the timef1muc of the ttm13p01tation plw• mid eonfouaity detcmdnatioa), fm the hut ) cru of the timefiwne of the eonfoJndty detcrminatioJt (tu deser ibcd undCI Subsection D of 28.11.3.186 NMAC), and !01 WI] intcamcdiatc JeWs "ithin the timcfnt:lne of the confm mit) detcuniaation tu ncee33&"

so that the JCWS fo1 •ddeh consistency is demonst1ated Me no m01e thwt 18 Jews 8p81'l;] and for each year for whjch a regjonal emjssions analysjs js performed to fulfill the requirements jn Subsection D of 20 11 3 118 NMM:;. as follows: ( 1) Until a maintenance plan is submitted. (a) emissions in each year (such as milestone years and the auainmt:nt year) for which the control strategy implementation plan revision establishes motor vehicle emissions budget(s) shall be less than or equal to that years motor vehicle emissions budget(s); and (b) emissions in years for which

no motor vehicle emissions budget(s) are specifically established shall 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 shall 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 shall 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 emissions budgets for any years other than the last year of the maintenance plan, the demonstration of consistency with the motor vehicle emission budget(s) shal be accompanied by a qualitative finding tha 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 maintenance plan; the interagency consultation process required by 20.11.3.1 05 NMAC shall determine wha shall be considered in order to make such a finding; (b) for years after the last year of the maintenance plan, emissions shall be less than or equal to the maintenance plan's
motor vehicle emissions budget(s) for the last year of the maintenance plan; (c) if an approved or submitted control strategy implementation plan has established motor vehicle emissions budgets for years in the time frame of the transportation plan, emissions in these years shall be less than or equal to the control strategy implementation plan's motor vehicle emissions budget(s) for these years and (d) for any analysis years before the last year of the maintenance plan emissions shall be less than or equal to the motor vehicle emissions budget(s established for the most recent prior year. C. Consistency with the
motor vehicle emissions budget(s) shall be demonstrated for each pollutant or pollutant
precursor in Subsection B of 20.11.3.2 NMAC for which the area is in nonattainmen

or maintenance and for which the applicable implementation plan (or implementation plan submission establishes a motor vehicle678 

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emissions budget. D. Consistency with the
motor vehicle emissions budget(s) shall be demonstrated by including emissions from the entire transportation system. including all regionally significant projects contained in the transportation plan and all other regionally significant highway and transit projects expected in the nonattainment or maintenance area in the time frame of the transportation plan. (I) Consistency with the motor vehicle em1ss1ons budget(s) shall be demonstrated with a regional emissions analysis that meets the requirements of 20.11.3.122 NMAC and Subparagraph (a) of Paragraph (I) of Subsection D of20.11.3.105 NMAC. (2) The regional emissions analysis
may be performed for any years in the time frame of the conformity determination (as described under Subsection D of20.11.3.106 NMAC) provided they are not more than I 0 years apart and provided the analysis is performed for the attainment year (if it is in the time frame of the transportation plan and conformity determination) Wld the last
year of the time frame of the conformity determination. Emissions in years for which consistency with motor vehicle emissions budgets shall be demonstrated, as required in Subsection B of 20.11.3.118 NMAC,
may be determined by interpolating between the years for which the regional emissions analysis is performed. (3) When the time frame of the conformity determination is shortened under Paragraph (2) of Subsection D of20.11.3.106 NMAC. the confonnity detennination shall be accompanied by a regional emissions analysis (for informational purposes only) for the last year of the transportation plan. and for any year shown to exceed motor vehicle emissions budgets in a prior regional emissions analysis (if such a year extends beyond the time frame of the conformity determination). E. Motor vehicle emissions budgets in submitted control strategy implementation plan revisions and submitted maintenance plans: (1) Consistency with the motor vehicle emissions budgets in submitted control strategy implementation plan revisions or maintenance plans shall be demonstrated if EPA has declared the motor vehicle emissions budget(s) adequate for transportation conformity purposes and the adequacy finding is effective. However,
motor vehicle emission budgets 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 EPA specifies otherwise in its approval of a SIP. (2) If EPA has not declared an implementation plan submission's motor vehicle em1ss1ons budget(s) adequate for transportation conformity purposes, the budget(s) shall not be used to satisfy the requirements of 20.11.3.118 NMAC. Consistency with the previously established
motor vehicle emissions budget(s) shall be demonstrated. If there are no previously approved implementation plans or implementation plan submissions with adequate motor vehicle emissions budgets, the interim emission tests required by 20.11.3.119 NMAC shall be satisfied. (3) If EPA declares an implementation plan submission's motor vehicle emissions budget(s) inadequate for transportation confonnity purposes after EPA had previously found the budget(s) adequate. and confonnity of a transportation plan or TIP has already been detennined by DOT using the budget(s), the confonnity detennination shall remain valid. Projects included in that transportation plan or TIP could still satisfy 20.11.3.114 NMAC and 20.11.3.115 NMAC, which require a currently conforming transportation plan and TIP to be in place at the time of a project's conformity detennination and that projects

come from a conforming transportation plan and TIP. (4) EPA shall 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 implementation plan revision or maintenance plan was endorsed by the governor (or his designee) and was subject to a state public hearing; (b) before the control strategy implementation plan or maintenance plan

was submitted to EPA, consultation among federal, state and local agencies occurred; full implementation plan documentation was provided to EPA; and EPA's stated concerns, if any, were addressed; (c) the motor vehicle emissions budget(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 requirements for reasonable further progress, attainment or maintenance (whichever is relevant to the given implementation plan submission); (e) the motor vehicle emissions budget(s) is consistent with and clearly related to the emissions inventory and the control measures in the submitted control strategy implementation plan revision or maintenance plan; and (f) revisions to previously submitted control strategy implementation plans or maintenance plans explain and docunlent any changes to previously submitted budgets and control measures; impacts on point and area source emissions;
any changes to established safety margins (see 20.11.3.7 NMAC for definition); 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 motor vehicle emissions budget, EPA shall review the state's compilation of public comments and response to comments that are required
to be submitted with any implementation plan. EPA shall document its consideration of such comments and responses in a letter
to the state indicating the adequacy of the submitted motor vehicle emissions budget. (6) When the motor vehicle emissions budget(s) used to satisfy the requirements of 20.11.3.118 NMAC are established by an implementation plan submittal that has not yet been approved or disapproved by EPA, the MPO and DOT's conformity determinations shall be deemed
to be a statement that the MPO and DOT

are not aware of any infonnation that would indicate that emissions consistent with the
motor vehicle emissions budget shall 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: EPA will use the procedure listed in Paragraph (I) or Paragraph (2) of Subsection F of 20.11.3.118 NMAC to review the adequacy of an implementation plan submission: · (I) When EPA reviews the adequacy of an implementation plan submission prior to EPA's final action on the implementation plan. (a) EPA will notify the public through EPA's website when EPA receives

an implementation 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 15 days of the date of the website notice, the comment period will be extended for 30 days from the date that a copy of the implementation plan is mailed; (c) after the public comment period closes, EPA will inform the state in writing whether EPA has found the submission adequate or inadequate for use in transportation conformity, including

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## Volume XXIII, Number 18/ September 28, 2012 679

response to any commli.!nts submitted directly and review of comments submitted through the state process. or 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 20.11.3.118 NMAC; (d) EPA will publish a federal register notice to inform the public of EPA's finding; if EPA finds the submission adequate, the effective date of this finding will be 15 days from the date the notice is pub I ished as established in the federal register notice, unless EPA is taking a final approval action on the SIP as described in Subparagraph (c) of Paragraph (2) of Subsection F of 20. t 1.3.118 NMAC; (e) EPA will announce whether the implementation plan submission is adequate

or inadequate for use in transportation conformity on EPA's website; the website will also include EPA's response to
comments if any comments were received during the public comment period; (t) if after EPA has found a submission adequate, EPA has cause to reconsider this finding, EPA will repeat actions described in Subparagraphs (a) through (e) of Paragraph (I) or Paragraph (2) of Subsection F of 20.11.3.118 NMAC unless EPA determines that there is no need for additional public comment given the deficiencies of the implementation plan submission; in all cases where EPA

reverses its previous finding to a finding of inadequacy under Paragraph (I ) of Subsection F of 20.11.3.118 NMAC, such a finding will become effective immediately
upon the date of EPA's letter to the state; (g) if after EPA has found a submission inadequate, EPA has cause to reconsider the adequacy of that budget, EPA will repeat actions described in Subparagraphs (a) through (e) of Paragraph (I) or Paragraph (2) of Subsection F of 20.11.3.118 NMAC. (2) When EPA reviews the adequacy ·of an implementation plan submission simultaneously with EPA's approval or disapproval of the implementation plan, (a) EPA's federal register notice of proposed or direct final rulemaking will

serve to notify the public that EPA will be reviewing the implementation plan submission for adequacy; (b) the publication of the notice of proposed rulemaking will start a public
comment period of at least 30 days; (c) EPA will indicate whether the implementation plan submission is adequate and thus can be used for confonnity either in EPA's final rulemaking or through the
process described in Subparagraphs (c) through (e) of Paragraphs (I) of Subsection F of 20.11.3.118 NMAC; if EPA makes an adequacy finding through a final rulemaking that approves the implementation plan submission, such a finding will become effective upon the publication date of EPA's approval in the federal register, or upon the effective date of EPA's approval if such action is conducted through direct final rulemaking; EPA will respond to comments received directly and review comments submitted through the state process and include the response to comments in the applicable docket. [20.11.3.118 NMAC • Rn & A, 20.11.3.215 NMAC, 11/15/10; A, 10/15/12]

20.11.3.119 CRITERIA AND PROCEDURES: INTERIM EMISSIONS IN AREAS WITHOUT MOTOR VEHICLE EMISSIONS BUDGETS: A. The transportation plan, TIP and project not from a confonning transportation plan and TIP shall satisfy the interim emissions test(s) as described in Subsections C through [N] Q of 20.11.3.109 NMAC. This criterion applies to the net effect of the action (transportation plan, TIP or project not from a conforming transportation plan and TIP) on motor vehicle emissions from the entire transportation system. 8. Ozone areas: The requirements of Subsection B of20.11.3.119 NMAC apply to all [I bout owttt rutd 8-hottr] ozone NAAQS areas, except for certain requirements as indicated. This criterion may be met: {I) 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
emtsstons analysis that satisfies the requirements of 20.11.3.122 NMAC and Subsections G through J of 20.11.3.119 NMAC demonstrates that for each analysis
year and for each of the pollutants described in Subsection F of20.11.3.119 NMAC: {a) the emissions predicted in the "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 emissions predicted in the "action" scenario are lower than emissjons jn the baseHne year for that NMOS as descrjbed in Subsectjon E of 20 11 3 119 NMAC by any nonzero amount [! (i) 1990 emissions by WIJ IIOIIZCt o amount; in w cas fm the I how

ozone liA1\QS 

### as desctibed in Subsection C of20.11.3.189 Nt.b\C, ot (ii) 2882 emission• by WI) IIOIIZCIO WIIOUiit; ill WCUS f01 the 8 hoUI ozotlt**~Jlo\QS** as dcsctibcd ila Subsection D and Sub3ection E of 28.11.3.189!1MAC]; (2) in marginal · and below

ozone nonattainment areas and other

ozone nOnattainment areas that are not subject to the reasonable further progress requirements of CAA Section 182(b)( I) if

a regional emissions analysis that satisfies the requirements of 20.11.3.122 NMAC and Subsections G through J of 20.11.3.119 NMAC demonstrates that for each analysis
year and for each of the pollutants described in Subsection F of 20.11.3.119 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 emjssions jn the base!jne year for that NMOS as described in Subsectjon E of 20 II 3 119 NMAC[' (i) 1998 emi33ions, in 

### mcas fot the I hout orono !IAAQS 

### as dcsct ibcd in Subsection C of 28.11.3. 189 NMAC,ot (ii) 2882 emi33ions, in wcas foa the 8 houa ot:onc**~JAAQS** as dc5ctibed in Sub:Jcctioa B w1d Sub:Jcction E of 20.11.3.1 89 Nt.b\C]. C. CO areas: This criterion may be met: (I) in moderate areas with design value greater than 12.7 ppm and serious CO nonattainment areas that are subject to CAA Section 187(a)(7) if a regional emissions analysis that satisfies the requirements of 20.11.3.122 NMAC and Subsections G through J of 20.11.3.119 NMAC demonstrates that for each analysis year and for each of the pollutants described in Subsection F of 20.11.3.119 NMAC: (a) the emissions predicted in the ''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 emissions predicted in the "action" scenario are lower than [t999] emissions in the baseline year for that NAAOS as described in Subsection E of 20 11.3.119 NMAC by any nonzero amount; (2) in moderate areas with design value less than 12.7 ppm and not classified CO nonattainment areas if a regional emissions analysis that satisfies the requirements of 20.11.3.122 NMAC and Subsections G through 

### J of 20.11.3.119 NMAC demonstrates that for each analysis year and for each of the pollutants described in Subsection F of 20.11.3.119 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 [+996] emissions in the baseline year for that NAAOS as descrjbed jn Sybsection E of

### 680 

## New Mexico Register I 

## Volume XXIII, Number 18/ September 28, 2012

20.11.3.119 NMAC. D. J!M,....PM 10 and NO,

areas: This criterion may be met in**~u•** PM 10 and N0 2 nonattainment areas if a regional emissions analysis that satisfies the requirements of 20. II .3. 122 NMAC and Subsections G through J of20.11.3.119 NMAC demonstrates that for each analysis year and for each of the pollutants described in Subsection F of20.11.3.119 NMAC, one of the following requirements is met: (I) 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 [basdme] emissions jn the baseline year for that NAAOS 

## as descrjbed jn Subsectjoo E of 20 I 1 J 119 NMAC; baseline emissions

are those estimated to have occurred during calendar year 1990, unless the conformity implementation plan revision required by 40 CFR 

### S 1.390 defines the baseline emissions for a PM 10 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 implementation plan. E. 

### lfiMw-aft'MI Baseline
year for yarjona NAAOS: [This eriteriort JiiA) be met in PMH nonattaimnent altll3 if

a tegional emi:Jsioru**a~ral)si:J** that satisfies the •equi1emento of 29.11.3.122 tiMAC and Subsections 6 dnough J of 29. 11.3.119 t4MAC demonstrates that for each aualysi:J**yea~** mrd for each oftlrc pollutm1ts dcscoibcd in Subsection F of 29.11.3.119 II MAC, one of the following tequilements i:J met] 

### IW: baseline year js defined 

### as follows: (I) [d1e e1ni,.ions p1edieted in tire "action" sccllmio me 110t grcatet thmt the emissioll:! predicted in the "baseline"


### sewmw, and thb tall be ICZ130httbly expected to be ttue in tire petiods betnccn tlrc analysis 

### yems, ot] 1990. in areas designated nonattajnment for the I 990 CO NAAOS or the I 990 N0 1 NMOS (2) [the emissions p1edieted in the ''aetiotr" secrrm io me trot gitattl thw1.] .!22.Q. in areas designated nonattajnment for the 1990 PMJ..Q NAAOS unless the conformjtv jmplementatjon plan revjsjon required by 40 CFR 51 390 defines the baseline emissions for a PMJ..Q area to be those occurring jn a different calendar year for whjch a baseline emjssjons jnventory was deyeloped for the puflJoSe of developing a control strategy implementation plan. [ta1] 

### Ql 2002 [emissions], in

areas designated nonattainment for the 1221

ozone NAAOS or 1997 PM,, NAAQS.[;-or] [(b) emissions in] (11 the most
recent year for which EPA's Air Emissions Reporting [Rtquilemeuto].!l.llk (40 CFR Part 51, Subpart A) requires submission of on· road mobile source emissions inventories.

as of the ell'ective date of [uouattainment] designations 

### [tv• m•y PM., NAAQS other than the 1997 PM.., NAAQS] in areas desienated nonattajnment for a NAAOS that is promuleated after 1997. F. Pollutants: The regional emtsstons analysis shall be performed for the following pollutants: (I) VOC in ozone areas; (2) NO, in ozone areas, unless the EPA administrator determines that additional reductions of NO,, would not contribute to attainment; (3) CO in CO areas; (4) PM 10 in PM 10 areas; (S) VOC and NO, in PM 10 areas if the EPA regional administrator or the director of the air agency has made a finding that one

or both of such precursor emissions from within the area are a significant contributor
to the PM 10 nonattainment problem and has

so notified the MPO and DOT; (6) NO, in N0 2 areas; (7) PM 2 , in PM, areas; (8) re·entrained road dust in PM 2 ., areas only if the EPA regional administrator

or the director of the air agency has made

a finding that emissions from re-entrained road dust within the area are a significant contributor to the PMB nonattainment problem and has so notified the MPO and DOT; (9) NO, in PM,, areas, unless the EPA regional administrator and the director of the state air agency have made a finding that emissions of NO from within the area

are not a significant

### c~ntributor to the PM 2 ., nonattainment problem and has so notified the MPO and DOT; and (10) VOC, S0 2 and ammonia in PMB areas if the EPA regional administrator or the director of the state air agency has made a finding that any of such
precursor emissions from within the area

are a significant contributor to the PM 2.s nonattainment problem and has so notified the MPO and DOT. G. Analysis Years: (I) The regional emtsstons analysis shall be perfonned for analysis
years that are no more than I 0 years apart. The first analysis year shall be no more than five years beyond the year in which the confonnity determination is being made. The last year of the time frame of the confonnity detennination (as described under Subsection D of20.11.3.106 NMAC) shall also be an analysis year. (2) For areas using Subparagraph (a) of Paragraph (2) of Subsection B, Subparagraph (a) of Paragraph (2) of Subsection C, 

### ll!lll Paragraph (I) of Subsection D [and Pmapaph (I) of Subsection E] of 20.11.3.119 NMAC, a regional emissions analysis that satisfies the requirements of 20.11.3.122 NMAC and Subsections G through J of 20.11 .3. 119 NMAC 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 20. 11.3.119 NMAC can be satisfied by documenting that the transportation projects and planning assumptions in both scenarios are exactly the same, and consequently, the emissions predicted in the "action" scenario are not greater than the emissions predicted in the "baseline" scenario for such analysis years. (3) When the time ti'arne of the contbrmity determination is shortened under Paragraph (2) of Subsection D of20. II .3. 106 NMAC, the confonnity detennination must be accompanied by a regional emissions analysis (for informational purposes only) for the last year of the transportation plan. H. uoaseline" scenario: The regional emissions analysis required by Subsections B through E of 20. II .3. 119 NMAC shall estimate the emissions that would result from the "baseline" scenario in each analysis year. The "baseline" scenario shall be defined for each of the analysis years. The ''baseline'' scenario is the future transportation system that shall result from current programs; including the following (except that exempt projects lis in 20. II .3. 126 NMAC and projects exempt from regional emissions analysis as listed in 20.11.3.127 NMAC need not be explicitly considered): (I) 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 projects, 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 or TIP; or have completed the NEPA process. [, "Action" scenario: The regional emissions analysis required by Subsections B through E of 20. 11.3.119 NMAC shall estimate the emissions tha would result from the ''action" scenario in each analysis year. The "action" scenario shall be defined for each of the analysis
years. The "action" scenario is the transportation system that would result from the implementation of the proposed action (MTP, TIP or project not from a conforming transportation plan and TIP) and all other expected regionally significant projects in the nonattainment area. The "action' scenario shall include the following (except that exempt projects listed in 20. 11.3.126

### New Mexico Register 

## I Volume XXIII, Number 18/ September 28, 2012 681

NMAC and projects exempt from regional emissions analysis as listed in 20.11.3.127 NMAC need not be explicitly considered): (I) 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 shall 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 implementation plan or utilizing any federal funding or approval, which have been fully adopted or funded by the enforcing jurisdiction or sponsoring agency since the last conformity determination; (4) the incremental effects of any travel demand management progrwns and transportation system management activities known to the MPO, but not included in the applicable implementation plan or utilizing
any federal funding or approval, which were adopted or funded prior to the date of the last confonnity determination, but which have been modified since then to be more stringent or effective; (5) completion of all expected regionally significant highway and transit projects which are not from a conforming transportation plan and TIP; and (6) completion of all expected regionally significant non-FHWNFTA highway and transit projects that have clear funding sources and commitments leading toward their implementation and completion by the analysis year. J. Projects not from a conforming transportation plan and TIP: F'or the regional emissions analysis required by Subsections B through E of 20.11.3.119 NMAC, 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 shall include the project with its original design concept and scope, and the

.. action" scenario shall include the project with its new design concept and scope. [20.11.3.119 NMAC • Rn & A, 20.11.3.216 NMAC, 11115/10; A, 10/15/12)

20.11.3.121 REQUIREMENTS FOR ADOPTION OR APPROVAL OF PROJECTS BY OTHER RECIPIENTS OF FUNDS DESIGNATED UNDER TITLE 23 U.S.C. OR THE FEDERAL TRANSIT LAWS. A. Except as provided in Subsection B of 20.11.3.121 NMAC, no recipient of federal funds designated under 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 finds that the requirements of one of the following

are met: (I) the project comes from the currently conforming transportation plan and TIP (or meets the requirements of Subsection F of 20.11.3.104 NMAC during the 12-month lapse grace period), and the project's design concept and scope have not changed significantly from those which were included in the regional emissions analysis for that transportation plan and TIP; (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 F of 20.11.3.104 NMAC during the 12-month lapse grace period), even if the project is
not strictly included in the transportation plan or TIP for the purpose of MPO project selection or endorsement, and the project's design concept and scope have not changed significantly from those which were included in the regional emissions analysis; or (3) a new regional emissions analysis including the project and the currently conforming transportation plan and TIP demonstrates that the transportation plan and TIP would still conform if the project were implemented (consistent with the requirements of 20. 11.3. 118 NMAC or 20.11.3.119 NMAC for a project not from a conforming transportation plan and TIP). B. In isolated rural nonattainment and maintenance areas subject to Subsection [N) Q. of 20.11.3.109 NMAC, no recipient of federal funds designated under 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 finds that the requirements of

one of the following 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 statewide TIP which

are in the nonattainment or maintenance

area. and the project's design concept and
scope have not changed significantly; or (2) a new regional emissions 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 20.11.3.118 NMAC or 20.11.3.119 NMAC for projects not from a conforming transportation plan and TIP). C. Not withstanding Subsection A and Subsection 

### B of 20.11.3.121 NMAC, in nonattainment and maintenance areas subject to Subsection [b) E or Subsection [M) E of 20.11.3.109 NMAC for a given pollutant/precursor and NAAQS, no recipient of federal funds designated under 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 finds that the requirements of one of the following are met for that pollutant/precursor and NAAQS: (I) the project was included in the
most recent conformity determination for the transportation plan and TIP and the project's design concept and scope has not changed significantly; or (2) the project was included in the most recent conformity determination that reflects the portion of the statewide transportation plan and statewide TIP which

are in the nonattainment or maintenance
area, and the project's design concept and
scope have not changed significantly. [20.11.3.121 NMAC • Rn & A, 20.11.3.218 NMAC, 11115/IO;A, 10/15/12)

### ALBUQUERQUEBERNALILLO COUNTY AIR QUALITY CONTROL BOARD

This is on amendment to 20.11.82 NMAC, Sections 7, 10, 11, 14 through 22 and 24, with Sections 25 through 34 being renumbered and/or amended to Sections 26 through 35, and one new additional Section 25, effective October 15, 2012.

20.1I.82.7 DEFINITIONS: As used in 20.11.82 NMAC: A·. "Act" means the Air Quality Control Act, Chapter 74, Article 2 NMSA 1978, and its later amendments and

successor provisions. B. "Board" means**~ Albuquerque~Bemalilto**  county air quality control board or its successor board pursuant
to the act. C. "Days" means consecutive days except as otherwise specifically provided. D. "Department" means the city of Albuquerque environmental health department or its successor agency. E. "Document" means [ctt1) papet, exhibit; pleading, motion, 1esponse, IIICIIIOtand:uni, decisim1, oad:ct 01 othct na ittcn 01 tangible item that is filed in a pwcccding pUiSUcttlt to 29.11.82 NMltC, oa btoHght to 01 bcKne the bomd for its consideldtiou, but docs not include

# ATTACHMENT C

Attachment Cis a copy of the Notice of Intent to testifY, including exhibits, filed on August 28, 2012

## RcCE I V£0 

## BEFORE THE

# ALBUQUERQUE-BERNALILLOCd~**T. L**  HCA LTH Affi QUALITY CONTROL BOARD 

# 12 AUG 2 R 

# Ptl !;: 

# 24

IN THE MATTER OF THE PETITION TO AMEND 20.11.3 NMAC, 

## TRANSPORTATION CONFORMITY, AND 

## INCORPORATE SAID AMENDMENTS INTO THE NEW MEXICO STATE IMPLEMENTATION PLAN FOR AIR QUALITY(SJP)

Air 

## Quality Division, Environmental Health Department, City of Albuquerque, Petitioner AQCB Petition No. 2012-4

CITY OF ALBUQUERQUE'S NOTICE OF INTENT TO PRESENT TECHNICAL TESTIMONY

Pursuant to 20.11

. 82 NMAC, 

### Rulemaking Procedures

- Air Quality Control Board, the

City of Albuquerque Environmental Health Department
, Air Quality Division ("the Division")

hereby submits its Notice of Intent to present technical testimony (NO 

### I) in this proceeding.



### 1. 

## The person for whom the witness will testify.

City of Albuquerque Environmental Health Department, Air Quality Division

2. 

## The name and qualifications of 

## each technical witness

.
Neal T. 

## Butt. Environmental Health Scientist
, Control Strategies Section, Air Quality

Division. M.S

. Biology (Wildlife Biology)
, University of North Dakota ; B.S. Biology

(Zoology), University ofNew Mexico; B.A. Environmental Planning & 

### Design, UNM; A.A.S

.

Criminal Ju stice, Central New Mexico Community College; A.A.S. Environmental Protection

Technology, CNM; WERC Waste Management Certificate, UNM Chemical & 

### Nuclear

Engineering Department. Employed by the City of Albuquerque's Environmental Health

Department for 15 

## + years; the last 11 of which have been in the Air Quality Division. Chief

Notice oflntent Page 1 of 6

### responsibility is the promulgation of air quality regulations for implementation within the County

of Bernalillo

.



### 3. Summary and Estimated Duration ofTestimony

Mr. 

### Butt's written testimony is attached as AQD Exhibit# 4

. Mr. 

### Butt will testify that

this revision to the SIP should be approved.

The Division is proposing these amendments in response to the promulgation by the U.S.

Environmental Protection Agency (EPA) of an amended federal transportation conformity rule.

On March 14, 2012
, the EPA promulgated changes to the transportation conformity rule. This

rule became effective on April13
, 2012 [FR Vol. 77
, No. 50, 14979-14988]. In response, and as
required by EPA, the AQD is proposing amendments to 

### update the local conformity regulation.



### EPA's updated rule:

The EPA has finalized changes to the transportation conformity rule to make the rule apply to

any future new or revised National Ambient Air Quality Standards (NAAQS)

. The final rule

restructures two sections of the transportation conformity rule so that existing requirements will

apply for any new o r revised NAAQS. Restructuring the s e sections will reduce the need to

amend the rule in the future merely to reference a specific NAAQS and will provide more
certainty to transportation planners without compromising environmental benefits

. This final

rule ensures that air quality is p r otected and clarifies requirements for implementers. EPA has

worked closely with the U

. S. Department ofTransportation to develop this final rule.



### Background

Notice of Intent Page 2 of 6

### Transportation conformity is a Clean Air Act requirement that ensures that federally supported

highway and transit projects are consistent with applicable State Implementation Plans (SIPs).

Conformity helps protect public health through early consideration of the potential air quality

impacts oftransportation decisions in places where air quality does not currently meet federal

standards or has not met them in the past.



### Key Elements of the Final Rule

The final rule primarily restructures two sections ofthe conformity rule
, 20.11.3.1 09 NMAC [ 40

CFR 93.109] and 20.11.3.119 NMAC [40 CFR 93.119)
, so that the existing rule requirements

clearly apply to areas designated for future new or revised NAAQS, thus reducing the need to

amend the transportation conformity rule merely to reference specific new NAAQS. As a result

of these changes, the conformity rule will apply to any new N AAQS that EPA establishes in the

future

. This rule also allows PM 2 .s areas with clean air quality data to take advantage of

conformity flexibilities that are currently available only to ozone areas

. A detailed comparison

of the proposed transportation conformity rule restructuring amendments to the current rule is

shown in the table generated by EPA shown in AQD Exhibit# 7.



### Health and Environmental Benefits

The final rule ensures that transportation activities are consistent with air quality goals of the

transportation conformity program

. The final rule ensures that all nonattainment and

maintenance areas use conformity tests that ensure air quality progress continues in areas that

need to attain or maintain the NAAQS.

Notice of Intent Page 3 of 6

### 4. Text of Recommended Revisions to the New Mexico State Implementation Plan

The Division recommends adoption of the proposed amendments to 20.11.3

NMAC, Transportation Conformity as proposed in the Public Review Draft
, shown as AQD

Exhibit# la, which is attached to the Petition to Amend, filed June 26, 2012, shown as AQD

Exhibit# 1
, and as amended the Staff Proposed Floor Amendments shown as AQD Exhibit # 5

.

Mr. Butt's testimony is anticipated to take approximately 30 minutes.



### 5. List and Description of Exhibits

The Division has attached the following exhibits to this Notice oflntent:

Exhibit Number

AQD Exhibit 1



### AQD Exhibit 1 a Title of Exhibit

Petition to Amend 20.11.3 NMAC, Transportation Conformity

Public Review Draft 20.11.3 NMAC, Transportation Conformity {a

ttached to AQD Exhibit 1}

AQD Exhibits 2a/b/c Notice ofProposed Rulemaking : Albuquerque Journal
, 7/15/12 {2a}; 

### NM Register, 7/31/12 {2b}; and 

## Air Quality AnnoWlce List Serve, 7/31/12 {2c}

AQD Exhibits 3a/b Compliance with notice requirement s of20.11.3.1 05.C.(2) NMAC: Metropolitan Transportation Board (MTB), {3a}; Transportation Conformity Technical Committee (TCTC), {3b}

AQD Exhibit 4 Direct Testimony

AQD Exhibit 5 Staff Proposed Floor Amendments

Notice of Intent Page 4 of 6

### AQD Exhibit 6

AQD Exhibit 

### 7 Comments Received: EPA

Transportation Conformity Rule Restmcturing Amendments Comparison

Table [EPA-420-B-12-012, February 2012]



### 6

. Reservation of Rights

This Notice ofintent to Present Technical Testimony is based on the Division's Petition

.

The Division reserves the right to call any person to testify 

### and to present any exhibit 

### in response

to another notice of intent or public comment filed in this matter or to any testimony 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 oflntent Page 5 of 6 Respectfully submitted
,



## Neal Butt Environmental Health Scientis t 

### Air Quality Division Environmental Health Department One Civic Plaza, NW
, Suite 3023 Albuquerque
, New Mexico 87103 (505) 768-2660

### CERTI FICATION

I hereby certify that on August 28, 2012
, an original and nine copies of this Notice ofintent to present technical testimony (NOI), with attached exhibits were delivered to the following person for filing.

Elizabeth Jones Air Quality Control Board Liaison 

### Air Quality Division Environmental Health Department One Civic P l aza) NW, Room 3023 Albuquerque, New Mexico 87103

And that on August 28, 20 1 2, a copy ofthis NO I with attached exhibits was sent to the Attorney for the Board, Bill Grantham
, at the following e

- mail address:

Bill.grantham@state

.nm.us

Notice oflntent Page 6 of 6 Envirorunenta l Health Scientist Air 

### Quality Division Environmental Health Department**~** A\(U 1:1\.niDI I 

# i I REC EIVE-D 

## ALBUQUERQUE-BERNALILLO 

# CbtJNW 'E NTAL HEALTH
AIR QUALITY CONTROL**BO~ tUH**  

# 2 5 AM !Q: 

# I 3

IN THE MATTER OF THE PETITION TO AMEND 20.11.3 NMAC, TRANSPORTATION CONFORMITY, 

## AND INCORPORATE SAID AMENDMENTS INTO THE NEW MEXICO STATE IMPLEMENTATION PLAN FOR AIR QUALITY (SIP)

Air Quality Division, Environmental Health Department, City of Albuquerque, Petitioner AQCB Petition No. 2012-4

Petition to Amend 20.11.3 NMAC, Transportation Conformity, 

## and Incorporate an Amended 20.11.3 NMAC into the New Mexico State Implementation Plan for Air 

## Quality ("SIP")

The City of Albuquerque ("City''), by and through the 

### Air Quality Division

("Division") of the Environmental Health Department (

.. Department"), asks the

Albuquerque-Bernalillo County 

### Air Quality Control Board ("Air Board") to amend

20.11.3 NMAC, Transportation Conformity, and submit said amendments to the U.S

.

Enviromnental Protection Agency ("EPA") as a revision to the SIP. This Petition

includes a request for a hearing on these matters and permission to provide a court

reporter and hearing officer for the hearing. The New Mexico Air Quality Control Act

("Air Act " ), NMSA 1978, Sections 74-2-4 and 74-2-S.B(l) [1967 as amended through

2007] authorizes and requires the 

### Air Board to adopt, amend, or replace air quality

regulations and to adopt air quality plans (SIPs) under NMSA 1978, Section 74-2-5.8(2).

### As grounds, Petitioner states the following:

1. On March 14, 2012, the EPA promulgated changes to the transportation

conformity rule. Transportation conformity is a Clean Air Act requirement that ensures

that federally supported highway and transit projects are consistent with state air quality

implementation plan s (SIPs). Conformity help s protect public health through early

consideration of the air quality impacts of transportation decisions in places where air

quality does not currently meet federal standards or has no t met them in the past. This

rule became effective on April 13,2012 [FR Vol. 77, No
, 50, 14979-14988]

. 

### In response,

and as required by EPA, the AQD is proposing amendments to update the local

conformity regulation

.

2. The proposed amendments to 20.11.3 NMAC will re structure two sections of

the conformity rule, 20.11.3.109 NMAC [40 CFR 93.109] and 20

. 11.3.119 NMAC [40

CFR 93.119]
, so that the existing rule requirements clearly apply to areas designated for

future new or revised NAAQS, thus reducing the need to amend the transportation

conformity rule merely to reference specific new NAAQS

. As a res ult of these changes,

the conformity rule will apply to any new NAAQS that EPA establishes in the future

.

This rule also allows 

## PM2

. s areas with clean air quality data to take advantage of

conformity flexibilities that are currently available only to ozone areas.

3. It is anticipated that the hearing will take approx imately 1 hour or less.

4. The proposed Public Review Draft of20

. 11

. 3 NMAC
, 

### Transportation

Conformity is attached as Exhibit #la.



## 2

### Respectfully submitted,

Mar Lo eonard, Directo Envtro ental Health Department City of Albuquerque

CERTIFICATION



### I hereby certify that a copy of this Petition to Amend 20.11.3 NMAC, 

### Transportati on Conformity

, and Incorporate Said Amendments Into the New Mexico State Implementation Plan for Air Quality (SIP)
, was delivered to the following person on June 26 ,2 012.

Margaret Nieto Secretary to the Air Quality Control Board Environmental Health Department One Civic Plaza
, NW, Suite 3023 Albuquerque, New Mexico 87102

and that a copy was provided to:

ou eonard
, Director
, Enviro ental Health Department City of buquerque



### 31 2 

### 3 

### 4 5 6 

### 7 8 9 

### 10 11 

### 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 

### 44 45 46 47 48 49 50 51 52 53 54 55 

### 56 TITLE 20 CBAPTERll PART3 ENVIRONMENTAL PROTECTION ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD TRANSPORTATION CONFORMITY

20

. 11.3.1 ISSUING AGENCY: Albuquerque-Bernalillo County Air Quality Control Board, c /o Environmenta l Health Department, P. 0. Box 1293, Albuquerque, NM 871 03. Telephone: ( 505) 7 68-260 1. [7 / 1 /98; 20.11.3.1 NMAC- Rn, 

### 20 NMAC 11.03.1 .1, 6/ 1/02; A, 61 13 1 05 ; A, 

### 12/ 17/ 08]

20.11.3.2 SCOPE: 

### A. Action applicability:**~** 

### AQD EXH I BIT**~** § 

### Ia 

# I

(1) Except as provided for in Subsection C of20.11.3.2 NMAC or 20.11.3.126 NMAC, conformity determinations are required for: (a) the adoption, acceptance, approval or support oftransportationplans and transportation plan amendments developed pursuant to 23 CFR Part 450 or 49 CFR Part 613 by the metropolitan planning organization (MPO) or the United States department of transportation (DOT); (b) the adopt ion, acceptance, approval or support of transportation improvement programs (TIPs) and TIP amendments developed pursuant to 23 CFR Part 450 or 49 CFR Part 6l3 by the MPO or DOT; and (c) the approval, funding or implementation of fede r al highway administration/federa l transit administration (FHW 

### AIFT A) projects. (2) Conformity determinations are not required under 20.11.3 NMAC for individual projects that are not FHW AIFTA projects. However, 20.11.3.121 NMAC does apply to such projects if they are regionally significant. 

### B. Geographic applicability: This transportation conformity regulation is an AlbuquerqueBernalillo county air quality control board (AQCB) regulation for Bernalillo county and is included in the state implementa tion plan (SIP) revision pertaining to transportation conformity for Bernalillo county. The provisions of 20.11.3 NMAC shall apply to the area within Bernali ll o county for which the area is designated nonattainment or has a maintenance plan for tr ansportation-related criteria pollutants, and shall not apply to Indian lands over which the AQCB lacks jurisdiction, except that any 

### FHW AIFT A project on Indian land that uses funds recei ved from the FHW A or FT A or receives a federal permit must comply with 20.11.3 NMAC. (1) The provisions of20.11.3 NMAC apply with respect to emissions of the following criteria pollutants: ozone (0 3 ), 

### carbon monoxide (CO), nitrogen dioxide (N0 2 }, particles with an aerodynamic diameter less than or equal to a nominallO micrometers (PM 10 ), 

### and particles with an aerodynamic diameter Jess than or equal t o

a nominal 2.5 micrometers (PM 2

. 5). 

### (2) The provisions of20.11.3 NMAC apply with respect to emissions of the following precursor pollutants: 

### (a) (b) 

### volatile organic compounds (VOCs) and nitrogen oxides (NO.) in ozone areas; NOx in N0 2 

### areas; (c) VOC and NOx in PM 10 

### areas if the environmental protection agency (EPA) regional administrator or the director of the air agency has made a finding that transportation-related emissions of one or both of these precursors within the nonattainment area are a significant contributor to the PM 10 

### nonattainment problem and has so notified the MPO and DOT, or if the applicable implementation plan (or implementation plan submission) establishes an approved (or adequate) budget for such emissions as part of the reasonable further progress, attainment or maintenance strategy; (d) NO. in PM2.s areas, unless both the EPA regional administrator and the director of the state air agency have made a finding that transportation-related emissions of NO. within the nonattainment area are not a significant contributor to the PM 2 , 5 

### nonattainment problem and has so notified the MPO and DOT, or the applicable implementation plan (or implementation plan submission) does not establish an approved (or adequate) budget for such emissions as part of the reasonable further progress, attainment or maintenance strategy; and (e) VOC, sulfur dioxide (S02) and ammonia 

### (NH3) in PM2 5 

### areas either if the EPA regional administrator or the director of the state air agency bas made a finding that transportation-related emissions of any of these precursors within the nonattairunent area are a significant contributor to the PM 2



### .s nonattainment problem and bas so notified the MPO and DOT, or if the applicable implementation plan (or implementation plan submission) establishes an approved (or adequate) budget for such emissions as part of the reasonable further progress, attainment or maintenance strategy. (3) The provisions of20.11.3 NMAC apply to PM 2

. 5 

### nonattainment and maintenance areas with respect to PM 2 , 5 

### from re-entrained road dust if the EPA regional administrator or the director of the air agency has

20.11.3 NMAC 

### Public Review Draft, 6/26/12

### made a finding that re-entrained road dust emissions within the area are a significant contributor to the PM 2.5 

### nonattainment problem and has so notified the MPO and DOT, or if the applicableimplementation plan (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 on paved and unpaved roads (including emissions from anti-skid and deicing materials). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (4) The provisions of 20.1 1.3 NMAC apply to maintenance areas through the last year of a maintenance area’s approved CAA Section 175A(b) maintenance plan, unless the applicable implementation plan specifies that the provisions of 20.11.3 NMAC shall apply for more than 20 years. C. Limitations : In order to receive any FHWA/FTA appr oval or funding actions, including NEPA approvals, for a project phase subject to 20.11.3. NMAC, a currently conforming transportation plan and TIP shall be in place at the time of project approval as described in 20.11.3.114 NMAC, except as provided by Subsection B of 20.11.3.114 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 NAAQS for ozone, CO, PM 10 

### , PM 2.5 

### or NO 2

### since 1990 and are subsequently redesignated to nonattainment or designated nonattainment for any NAAQS for any of these pollutants, the provisions of 20.11.3. NMAC shall not apply with respect to that NAAQS for 12 months following the effective date of final designation to nonattainment for each NAAQS for such pollutant. [7/1/98; 20.11.3.2 NMAC - Rn, 20 NMAC 11.03.I.2, 6/1/02; A, 6/13/05; A, 12/17/08; A, 11/15/10]

20.11.3.3 STATUTORY AUTHORITY : 20.11.3 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance, Revised Ordinances of Albuquerque 1994 Section 9-5-1-4. [7/1/98; 20.11.3.3 NMAC - Rn, 20 NMAC 11.03.I.3, 6/1/02]

20.11.3.4 DURATION : Permanent. [7/1/98; 20.11.3.4 NMAC - Rn, 20 NMAC 11.03.I.4, 6/1/02]

20.11.3.5 EFFECTIVE DATE : July 1, 1998, unless a later date is cited at the end of a section. [7/1/98; 20.11.3.5 NMAC - Rn, 20 NMAC 11.03.I.5, & A, 6/1/02]

20.11.3.6 OBJECTIVE : To implement Section 176(c) of the CAA, as amended (42 U.S.C. 7401 et seq.), and the related requirements of 23 U.S.C. 109(j), with re spect to the conformity of transportation plans, programs and projects which are developed, funded or approved by the United States DOT, and by the MPO or other recipients of funds under Title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Ch apter 53) to the Bernalillo county portion of the SIP. 20.11.3 NMAC sets forth polic y, criteria and procedures for demonstrating and assuring conformity of such activities to an applicable implementation plan developed pursuant to Section 110 and Part D of the CAA. [7/1/98; 20.11.3.6 NMAC - Rn, 20 NMAC 11.03.I.6, 6/1/02; A, 6/13/05]

20.11.3.7 DEFINITIONS : Terms used but not defined in 20.11.3 NMAC shall have the meaning given to them by the CAA, Titles 23 and 49 U.S.C., other EPA re gulations, or other DOT regulations, in that order of priority. In addition to the definitions in Section 20.11.3.7 NMAC, the definitions in 20.11.1 NMAC shall apply unless there is a conflict between definitions, in which case the definition in 20.11.3 NMAC shall govern. A. [“ 1

- hour ozone NAAQS ” means the 1

- hour ozone national ambient air quality standard codified 45 at 40 CFR 50.9. ] Reserved 46 B. [“ 8

- hour ozone NAAQS ” means the 8

- hour ozone national ambient air quality standard codified 47 at 40 CFR 50.10

. ] Reserved 48 C. [“24

- hour PM 10

### NAAQS”means the 24

- hour PM 10

### national ambient air quality standard codified 49 at 40 CFR 50.6. ] Reserved 50 D. [“1997 PM 2.5

### NAAQS”means the PM 2.5 

### national ambient air quality standards codified at 40 51 CFR 50.7. ] Reserved 52 E. [“2006 PM 2.5

### NAAQS”means the 24

- hour PM 2.5 

### national ambient air quality standard codified at 53 40 CFR 50.13. ] Reserved 54 55 56 F. “Air agency”means the air quality division (AQD) of the city of Albuquerque environmental health department (EHD). The EHD, or its successor agencyor authority, as represented by the department director

20.11.3 NMAC Public Review Draft, 6/26/12 2

### 1 2 3 4 5 6 7 or his designee, is the lead air quality planning agency for Albuquerque-Bernalillo county nonattainment/ maintenance areas. The EHD serves as staff to the AQCB and is responsible for administering and enforcing AQCB regulations. G. “Albuquerque metropolitan planning area (AMPA)”means the portion of New Mexico state planning and development district 3 that comprises the area for which federal transportation funding allocated for areas of a 200,000 or greater population is expended. The AMPA is described in the MPO’s most recent transportation planning documents. H. [“Annual PM 10

### NAAQS”means the annual PM 10

### national ambient air quality standard that EPA 8 revoked on December 18, 2006. ] Reserved 9 10 11 12 13 14 15 16 17 18 19 20 I. “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, whic h has been approved under Section 110, or promulgated under Section 110(c), or promulgated or approved pursuant to regulations promulgated under Section 301(d) and which implements the relevant requirements of the CAA. J. “CAA”means the Clean Air Act, as amended (42 U.S.C. 7401 et seq.). K. “Cause or contribute to a new violation”for a project means: (1) to cause or contribute toa new violation of a standard in the area substantially affected by the project or over a region which would otherwise not be in violation of the standard during the future period in question if the project were not implemented; 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 an area. L. “Clean data” means air quality monitoring data determined by EPA to meet the applicable requirements of 40 CFR [Part 21 ] Parts 50 and58 [that] and toindicate attainment of [the ] anational ambient air quality standard. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 M. “Conformity analysis” means any regional emissions analysis or localized hot-spot computer modeling assessments or any other analyses, which serve as the basis for the conformity determination. N. “Conformity determination”means the demonstration of consistency with motor vehicle emissions budgets or with the appropriate interim emissions test identified at 20.11.3.118 NMAC for each pollutant and precursor identified in the applicable SIP. Th e conformity determination is the affirmative written documentation declaring conformity with the applicableimplementation plan, which is submitted to FHWA and FTA for approval with EPA consultation. An affirmative conformity determination means conformity to the plan’s purpose of eliminating or reducing the severity and nu mber of violations of the national ambient air quality standards and achieving expeditious attainment of such standards; and that such activities shall not: (1) cause or cont ribute 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. O. “Consultation” means the process by which the affected agencies identified in 20.11.3.105 NMAC confer with each other, provide to the agencies all relevant information needed for meaningful input and, prior to taking any action, consider the views of the other agencies and (except with respect to those actions for which only notification is required and those actionssubject to Subsection C of 20.11.3.105 NMAC and Subparagraph (g) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC) resp ond in writing to substantive written comments in a timely manner prior to any final decision on such action. P. “Control strategy impl ementation planrevision”means a revision to the implementation plan that contains specific strategies for controlling emissions of and reducing ambient levels of pollutants in order to satisfy CAA requirements for demonstrations of reason able further progress and attainment (including implementation plan revisions submitted to satisfy CAA Sections 172 (c) , 182(b)(1), 182(c)(2)(A), 182(c)(2)(B), 187(a)(7), 187(g), 189(a)(1)(B), 189(b)(1)(A) and 189(d); Sections 192(a) and 192(b), for nitrogen dioxide; and any other applicable CAA provision requiring a demonstration of reasonable further progress or attainment). Q. “Design concept”means the type of facility identified bythe project, e.g., freeway, expressway, arterial highway, grade-separated highway, reserved right- of-way rail transit, mixed-tr affic rail transit, exclusive busway, etc. R. “Design scope” or “scope” means the design aspects that shall affect the proposed facility’s impact on regional emissions, usually as they relate to vehicle or person carrying capacity and control, e.g., number of lanes or tracks to be constructed or added, length of project, signalization, access control including approximate number and location of interchanges, preferential treatment for high-occupancy vehicles, etc.

20.11.3 NMAC Public Review Draft, 6/26/12 3

### S. “Donut areas” means geographic areas outside a metropolitan planning area boundary, but inside the boundary of a nonattainment or maintenance area that c ontains any part of a metrop olitan area(s). These areas are not isolated rural nonattainment and maintenance areas. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 T. “DOT” means the United States department of transportation. U. “EPA” means the United States environmental protection agency. V. “FHWA” means the federal highway administration of the DOT. W. “FHWA/FTA project”means any highway or transit project that 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. X. “Fiscally constrained”means, consistent with DOT’s metropolitan transportation planning regulations at 23 CFR Part 450. Y. “Forecast period” means, with respect to a transportatio n plan, the time period covered by the transportation plan pursuant to 23 CFR Part 450. Z. “FTA” means the federal transit administration of the DOT. AA. “Highway project”means an undertaking to 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 defined 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. BB. “Horizon year” means a year for which the transportation plan describes the envisioned transportation system according to 20.11.3.106 NMAC. CC. “Hot-spot analysis” means an estimation of likely future localized CO, PM 10

### and PM 2.5 

### pollutant concentrations and a comparison of those concentrations to the national ambient air quality standards. Hot-spot analysis assesses impacts on a scale smaller than the entire nonattainment or maintenance 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. DD. “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 or would otherwise exist during the future period in question if the project were not implemented. EE. “Isolated rural nonattainment and maintenance areas” mean areas that do not contain or are not part of any metropolitan planning area as designated under the transportation planning regulations. Isolated rural areas do not have federally required metropolitan transportation plans or TIPs and do not have projects that are part of the emissions analysis of any MPO’s metropolitan transportation plan or TIP. Project s in such areas are instead included in statewide transportation improvement programs. These areas are not donut areas. FF. “Lapse”means that the conformity determination for a transportation plan or a TIP has expired, and thus there is no currently conforming transportation plan and TIP. GG. “Limited maintenance plan” means 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 shall have a design value that is significantly below a given NAAQS, and it shall be reasonable to expect that a NAAQS violation will not re sult from any level of future motor vehicle emissions growth. HH. “Local publicly-owned transit operator”means the current trans it operator, the city of Albuquerque. II. “Maintenance area”means any geographic region of the United States previously designated nonattainment 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. JJ. “Maintenance plan” means an implementation plan under Section 175A of the CAA, as amended. KK. “Metropolitan planning organization (MPO)” means the policy board of an organization created as a result of the designation process in 23 U.S.C. 134(d).

20.11.3 NMAC Public Review Draft, 6/26/12 4

### LL. “Mid-region council of governments (MRCOG)” means the association of local governments within New Mexico state planning and development di strict 3 (Bernalillo, Sandoval, Torrance and Valencia counties) that is designated by the governor of New Mexico, inconsultation with the elected officials of the area, as the MPO for the Albuquerque metropolitan planning area. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 MM. “Milestone”has the meaning given in CAA Sections 182(g)(1) and 189(c) for serious and above ozone nonattainment areas and PM 10

### nonattainment areas, respectively. For all other nonattainment areas, a milestone consists of an emissions level and the date when th at level shall be achieved as required by the applicable CAA provision for reasonable further progress towards attainment. NN. “Motor vehicle emissions budget (MVEB)” means the portion of the total allowable emissions defined in the submitted or approved control strategy implementation plan revision or maintenance plan for a certain date for the purpose of meeting reasonable further progress milestones or demonstrating attainment or maintenance of the NAAQS, for any criteria pollutant or its precurs ors, allocated to highway and transit vehicle use and emissions. OO. “National ambient air quality standards (NAAQS)” are those standards established pursuant to Section 109 of the CAA. PP. “NEPA” means the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.). QQ. “NEPA process completion”means, with respect to the FHWA and the FTA, the point at which there is a specific action to make a determination that a project is categorically excluded, to make a finding of no significant impact or to issue a record of decision on a final environmental im pact statement under NEPA. RR. “Nonattainment area”means any geographic region of the United States that has been designated as nonattainment under Section 107 of the CAA for any pollutant for which a national ambient air quality standard exists. SS. “Project”means a highway project or a transit project. TT. “Protective finding”means a determination by EPA that a submitted control strategy implementation plan revisioncontains adopted control measures or written commitments to adopt enforceable control measures that fully satisfy the emissions reductionsrequirement relevant to the statutory provision for which the implementation plan revision was submitted, suchas reasonable further progress or attainment. UU. “Public involvement committee (PIC)” means the permanent advisory committee established by the MRCOG to provide proactive public input to the transportatio n planning process. VV. “Recipient of funds designated under Titl e 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 23 U.S.C. or federal transit laws funds to construct FHWA/FTA project s, operate FHWA/FTA projects or equipment, purchase equipment or undertake other services or operations via c ontracts or agreements. This definition does not include private landowners or developers or contractors or entities that are only paid for services or products created by their own employees. WW. “Regionally significant project”means a transportation project (o ther than an exempt project) that is on a facility which serves regional transportation needs (such as access to and from the area outside of the region, major activity centers in the region, major planned developments such as new retail malls, sports complexes, etc. or transportation terminals) and would normallybe included in the modeling of a metropolitan area’s transportation network, including at a minimum all principal arterial highways and all fixed guideway transit facilities that offer an alternative to regional highway travel. XX. “Safety margin” 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 applicable requirement for reasonable further progress, attainment or maintenance. YY. “Standard”means a national ambient air quality standard. ZZ. “State implementation plan (SIP)”(see applicable implementation plan). AAA. “State DOT”means the New Mexico department of transportation or its successor agency or authority, as represented by the department secretary or his designee. BBB. “Title 23 U.S.C.” means Title 23 of the United States Code. CCC. “Transit” is mass transportation by bus, rail or other conveyance that provides general or special service to the public on a regular and continuing basis. It does not include school buses or charter or sightseeing services. DDD. “Transit project”means an undertaking to implement or modify a transit facility or transitrelated 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,

20.11.3 NMAC Public Review Draft, 6/26/12 5

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 schedules or fares and may consist of several phases. For analytical purposes, a transit project shall be defined inclusively enough to: (1) 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. EEE. “Transportation conformitytechnical committee (TCTC)”means the group that provides interagency consultation and consists of transportation, planning and air quality staff of the MPO, local government staff, staff from the state DOT, EPA, FHWA, FTA, and staff from the air agency, and that is responsible for evaluating and establishing the assumptions and circumstances for the application of transportation and air quality models. FFF. “Transportation control measure (TCM)” means any measure that is specifically identified and committed to in the applicable implementation plan, including a substitute or additional TCM that is incorporated into the applicable SIP through the process established in CAA Section 176(c)(8), that is either one of the types listed in Section 108 of the CAA, or any other measure that reduces emissions or concentrations of air pollutants from transportation sources by reducing vehicle use or changing traffic flow or congestion conditions. Notwithstanding the first sentence of this definition, vehicle technology-based, fuel-based and maintenance-based measures that control the emissions from vehicles under fixed traffic conditions are no t TCMs for the purposes of 20.11.3 NMAC. GGG. “Transportation improvement program (TIP)”means a transportation improvement program developed by a metropolitan planning organization under 23 U.S.C. 134(j). HHH. “Transportation plan”means the official 20-year fiscally constrained intermodal metropolitan transportation plan (MTP) that is developed for the metropolitan planning area through the metropolitan planning process, pursuant to 23 CFR Part 450. III. “Transportation project” is a highway project or a transit project. JJJ. “Written commitment” means a written commitment that includes a description of the action to be taken; a schedule for the completion 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. KKK. Acronyms (1) AMPA -Albuquerque metropolitan planning area (2) AQCB -Albuquerque-Bernalillo county air quality control board (3) CAA -Clean Air Act, as amended (4) CFR -code of federal regulations (5) CO -carbon monoxide (6) DOT -U.S. department of transportation (7) EHD -Albuquerque environmental health department (8) EPA -U.S. environmental protection agency (9) FHWA -federal highway administration, DOT (10) FTA -federal transit administration, DOT (11) MPO -metropolitan planning organization (12) MRCOG -mid-region council of governments (13) MTB -metropolitan transportation board (14) MTP -metropolitan transportation plan (15) MVEB -motor vehicle emissions budget (16) NAAQS -national ambient air quality standards (17) NEPA -National Environmental Policy Act (18) NO x

### -oxides of nitrogen (19) PIC -public involvement committee (20) PM 2.5 

### -particulate matter less than or equal to 2.5 micrometers in diameter (21) PM 10 

### -particulate matter less than or equal to 10 micrometers in diameter (22) SIP -state implementation plan (applicable implementation plan) (23) State DOT -New Mexico department of transportation (24) STIP -state transportation improvement program

20.11.3 NMAC Public Review Draft, 6/26/12 6

### (25) TCC -transportation coordinating committee 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 (26) TCM -transportation control measure (27) TCTC -transportation conformity technical committee (28) TIP -transportation improvement program (29) VOC -volatile organic compound (30) VMT -vehicle miles traveled {FR Vol. 77 No. 50 pp. 14979-88 3/14/12 re: 40 CFR 93.101} [7/1/98; 20.11.3.7 NMAC - Rn, 20 NMAC 11.03.I.7, & A, 6/1/02; A, 6/13/05; A, 12/17/08; A, 11/15/10]

20.11.3.8 VARIANCES : [Reserved] [7/1/98; 20.11.3.8 NMAC - Rn, 20 NMAC 11.03.I.8, 6/1/02]

20.11.3.9 SAVINGS CLAUSE : Any amendment to 20.11.3 NMAC that is filed with the state records center shall not affect actions pending for violation of a city or county ordinance or board regulation. Prosecution for a violation under prior regulation wording shall be governed and prosecuted under the statute, ordinance, part or section in effect at the time the violation was committed. [7/1/98; 20.11.3.9 NMAC - Rn, 20 NMAC 11.03.I.9, 6/1/02; A, 6/13/05]

20.11.3.10 SEVERABILITY : If any section, paragraph, sentence, clause or word of 20.11.3 NMAC or any federal standards incorporated herein is for any reason heldto be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of the remaining provisions of 20.11.3 NMAC. [7/1/98; 20.11.3.10 NMAC - Rn, 20 NMAC 11.03.I.10, 6/1/02; A, 6/13/05]

20.11.3.11 DOCUMENTS : Documents incorporated and cited in 20.11.3 NMAC may be viewed at the Albuquerque environmental health department, one civic plaza NW, room 3 023, 400 Marquette NW, Albuquerque, NM 87102. [7/1/98; 20.11.3.11 NMAC - Rn, 20 NMAC 11.03.I.11, 6/1/02; A, 6/13/05]

20.11.3.12 [Reserved] [7/1/98; 20.11.3.12 NMAC - Rn, 20 NMAC 11.03.I.12, & A, 6/1/02; Repealed, 6/13/05]

20.11.3.13 to 20.11.3.102[Reserved]

20.11.3.103 PRIORITY : When assisting or approving any action with air quality-related consequences, FHWA and FTA shall give priority to the implementati on of those transportation portions of an applicable implementation plan prepared to attain and maintain the NAAQS. This priority shall beconsistent with statutory requirements for allocation of funds among states or other jurisdictions. [20.11.3.103 NMAC - Rn, 20.11.3.200 NMAC, 11/15/10]

20.11.3.104 FREQUENCY OF CONFORMITY DETERMINATIONS : A. Conformity determinations and conformity redetermination for transportation plans, TIPs and FHWA/FTA projects shall be made acco rding to the requirements of 20. 11.3.104 NMAC and the applicable implementation plan. B. Frequency of conformity determi nations for transportation plans: (1) Each new transportation plan shall be demonstrated to conform before the transportation plan is approved by the MPO or accepted by DOT. (2) All transportation plan amendments shall be found to conform before the transportation plan amendments are approved by the MPO or accepted by DOT, unless the amendment merely adds or deletes exempt projects listed in 20.11.3.126 NMAC or 20.11.3.127 NMAC. The conformity determination shall be based on the transportation plan and the amendment taken as a whole. (3) The MPO and DOT shall determine the conformity of the transportation plan (including a new regional emissions analysis) no less frequently than every four years. If more than f our years elapse after DOT’s conformity determination without the MPO and DOT determining conformity of the transportation plan, a 12-month grace period will be implemented as described in Subsection F of 20.11.3.104 NMAC. At the end of this 12-month grace period, the existing conformity determination shall lapse. C. Frequency of conformity determinations for transportation improvement programs:

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### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 (1) A new TIP shall be demonstrated to conform before the TIP is approved by the MPO or accepted by DOT. (2) A TIP amendment requires a new conformity determination for the entire TIP before the amendment is approved by the MPO or accepted by DOT, unless the amendment merely adds or deletes exempt projects listed in 20.11.3.126 NMAC or 20.11.3. 127 NMAC and has been made in accordance with the notification provisions of Subparagraph (g) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC. (3) The MPO and DOT sh all determine the conformity of the TIP (including a new regional emissions analysis) no less frequently th an every four years. If more than four years elapse after DOT’s conformity determination without the MPO and DOT determining conf ormity of the TIP, a 12-month grace period will be implemented as described in Subsectio n F of 20.11.3.104 NMAC. At the en d of this 12-month grace period, the existing conformity determination shall lapse. D. Projects: FHWA/FTA projects shall be found to conform before they are adopted, accepted, approved or funded. Conformity shall be re-determined for any FHWA/FTA project if one of the following occurs: a significant change in the project’s design concept and sc ope; three years have elapsed since the most recent major step to advance the project; or initiation of a supplemental environmental document for air quality purposes. Major steps include NEPA process completion; start of final design ; acquisition of a significant portion of the right-of-way; and, construction (including federal approval of plans, specifications and estimates). E. Triggers for transportation plan and TIP conformity determinations: Conformity of existing transportation plans and TIPs shall bere-determined within two years of the following, or after a 12-month grace period (as described in Subsection F of 20.11.3.104 NMAC) the existing conformity determination shall lapse, and no new project-level conformity determinations may be made until conformity of the transportation plan and TIP has been determined by the MPO and DOT: (1) the effective date of EPA’s finding that motor vehicle emission budgets from an initially submitted control strategy implementation plan or maintenance plan are adequate pursuant to Subsection E of 20.11.3.118 NMAC and can be used for transportation conformity purposes; (2) the effective date of EPA approval of a control strategy implementation plan revision or maintenance plan that establishes or revises a motor vehicle emissions budget if that budget has not yet been used in a conformity determination prior to approval; and (3) the effective date of EPA promulgation of an implementation plan that establishes or revises a motor vehicle emissions budget or adds, deletes or changes TCMs. F. Lapse grace period . During the 12-month grace period referenced in Paragraph (3) of Subsection B of 20.11.3.104 NMAC, Paragraph (3) of Subsection C of 20.11.3.113 NMAC, and Subsection E of 20.11.3.113 NMAC, a project may be found to conform acco rding to the requirements of 20.11.3 NMAC: (1) the project is included in the currently conforming transportation plan and TIP (or regional emissions analysis); or (2) the project is includedin the most recent conforming trans portation plan and TIP (or regional emissions analysis). [20.11.3.104 NMAC - Rn & A, 20.11.3.201 NMAC, 11/15/10]

20.11.3.105 CONSULTATION : A. General: Transportation plans and programs shall be in conformity with the applicable implementation plan (SIP) for the nonattainment/maintenan ce area of Bernalillo county. The MRCOG, as the MPO, is responsible for conducting the air quality transportation conformity analyses for all of Bernalillo county. The applicable plans and programs are the TIP and the MTP. The document serving to demonstrate conformity is the transportation/air quality conformity finding. 20.11.3.10 5 NMAC provides procedures for interagency consultation (federal, state and local) and resolution of conflicts. Suchconsultation procedures shall be undertaken by the MPO, state DOT and DOT with the air agency and EPA before making conformity determinations and by the air agency and EPA with the MPO, state DOT and DOT in devel oping applicable implementation plan revisions. B. Interagency consultation procedures: General factors: The affected agenci es shall participate in an interagency consultation process to assure that proposed transportation investments conform with the applicable implementation plan developed pursuant to th e CAA. The affected agenci es shall participate in a consultation process during the development of the transportation-related elements in the applicable SIP (i.e. TCMs, the MTP, and the TIP under 23 CFR Section 450.314 and 49 CFR Section 613.100), any significant revisions to the preceding documents and all conformity determinations required by 20.11.3 NMAC. (1) The affected agenciesacting in consultation include: EHD; EPA; FHWA; FTA; MPO; state DOT; local publicly-owned transit oper ator; appropriate local government tr ansportation agencies and land use

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### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 planning agencies (e.g. city of Albuquerque and Bernalillo county planning departments); and other federal and state agencies as appropriate. (2) Each lead agency in the consultation process required under Subsection D of 20.11.3.105 NMAC (i.e. the agency responsible for preparing the final document subject to the interagency consultation process) shall provide reasonable opportunity for consultation with the affected agencies identified above. The lead agency shall provide to the affected agencies all information needed for meaningful input and shall consider the views of each agency and respond in writing to substantive written commentssubmitted during the formal comment period prior to making a final decision on such document. Such written resp onse shall be made part of the record of any decision or action. Roles of these agencies are further described in Paragraph (1) of Subsection C of 20.11.3.105 NMAC below. (3) Project planning, public involvement, management systems, project development and other requirements for the MPO, state DOT an d the local publicly-owned transit operator are covered by the applicable DOT rules and regulations for MPOs and state DOTs ( 23 CFR Part 450, 500, 626 and 771, 49 CFR 613). C. Interagency consultation procedures roles and responsibilities: (1) Development of transportation plans and programs and associated conformity determinations. (a) The MPO, as the lead transportation planning agen cy, has the primary responsibility in th e AMPA for developing the MTP, TIP and technical analyses related to travel demand and other associated modeling, data collection and coordination of consultation for these activities with the agencies specified in Paragraph (1) of Subsection B of 20.11.3.105 NMAC, in accordance with 23 CFR Part 450, 500 and 626. The MPO shall be responsible for regional emissions and travel demand analys es of the MTP and TIP in consultation with the EHD. Corridor and project-level hot spot and emissions analyses, developed in consultation with the EHD, shall be the responsibility of the project-implementing agency through the NEPA process or similar environmental evaluation process. (b) The committees and member agencies, identif ied in the most recent MPO document regarding public involvement procedures for transportation plans and programs, entitled Public Involvement Procedures for the Mid-Region Council of Governments Acting as the MPO for the Albuquerque Metropolitan Planning Area , shall participate in the MPO process for the development, monitoring and revision of the MTP and the development of the TIP. (i) The MPO shall forward a preliminary version of the MTP, the TIP and the draft conformity finding to the AQCB for review with a minimum of 14 calendar days to provide comments. Upon release of the final draft of the MTP and TIP for public review, the MPO shall submit the final drafts of the MTP, TIP and accompanying conformity documents to the AQCB and agencies in Paragraph (1) of Subsection B of 20.11.3.105 NMAC for review and comment before adoption and final approval by the MTB. Following review of the conformity determination, the AQCB shall state whether the TIP, the MTP or both are in compliance with the applicable implementation plan. The MPO shall provide a review and comment period consistent with the Metropolitan Planning Rule (23 CFR Section 450.316(a), 49 CFR Section 613). Briefings to the AQCB shall be provided upon request. (ii) The MPO shall provide information and appropriate advance notification of meeting places, dates and times, agendas and supporting materials for all of its special and regularly scheduled meetings on transportation an d air quality to each of the agencies specified in Paragraph (1) of Subs ection B of 20.11.3.105 NMAC in accordance with the public involvement proces s adopted by the MPO, consistent with the Metropolitan Planning Rule (23 CFR Section 450.316(a), 49 CFR Section 613) and described in the MRCOG’s public involvement document, entitled Public Involvement Procedures for the Mid-Region Council of Governments Acting as the MPO for the Albuquerque Metropolitan Planning Area . The MPO’s compliance w ith the New Mexico Open Meetings Act is documented annually. Resolution of conflicts shall follow the provisions of Subsection E of 20.11.3.105 NMAC. (2) Development of applicable implementation plans: Within the nonattainment/maintenance area, the EHD, in consultation with the MPO, shall be responsible for developing the transportation-related components for the applicable SIP, air quality modeling, general emi ssions analysis, emissions inventory, all related activities and coordination of these tasks with the agencies specifiedin Paragraph (1) of Subsection B of 20.11.3.105 NMAC through the TCTC as described in Subparagraph (a) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC. Upon release of the final draft of the SIP revision for public review, the EHD shall submit the final draft document to the MTB and agencies in Paragraph (1) of Subsection B of 20.11.3.105 NMAC for review and comment before final adoption by the AQCB. The EHD shall provide at least a 30 day review and comment period consistent with CAA requirements. Briefings to the MTB shall be provided upon request.

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### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 (3) The organizational level of regular consultation is described in Subsection B of 20.11.3.105 NMAC and Subsection C of 20.11.3.105 NMAC. All correspondence concerning consultation related to the transportation conformity SIP shall be addressed to the designated points of contact below: (a) EPA: regional administrator or designee; (b) FHWA: division administrator or designee; (c) FTA: regional administrator or designee; (d) State DOT: secretary of transportation or designee; (e) MPO: MRCOG executive director or designee; (f) EHD: director or designee; (g) local publicly-owned transit operator: chief administrative officer or designee; (h) local go vernments within the nonattainment/maintenance area: chief administrative officer or equivalent or designee. (4) The MPO shall respond in writing to substantive written comme nts from the affected consultation agencies described in Paragraph (1) of Subsection B of 20.11.3.105 NMAC regarding the MTP, TIP and related conformity determinations The project implementing agencies shall respond in writing to substantive written comments regarding projects in accordance with the provisions of 20.11.3 NMAC. The EHD shall respond in writing to substantive written comments from the affected consultation agencies described in Paragraph (1) of Subsection B of 20.11.3.105 NMAC regarding the transportation components of the applicable implementation plan for the nonattainment/maintenance area, in accordance with the provisions of 20.11.3 NMAC. All formal comments (e.g. those received during the public comment period) an d responses to those comments shall be included within final documents before they are forwarded for review and final approval by the FHWA/FTA or EPA, as appropriate. (5) Prior to AQCB adoption of a TCM in the applicable implementation plan, the MPO shall, in consultation and coordination with the agencies identified in Paragraph (1) of Subsection D of 20.11.3.105 NMAC, develop the proposed TCM in a manner consistent with the MTP and TIP transportation development processes. After approval of a TIP, MTP or both, the AQCB shall incorporate all proposed TCMs into the applicable implementation plan. The necessary TCMs shall be specifi cally described in the applicable implementation plan. TCMs shall also be cross-referenced to the approved TIP, MTP or both. EHD shall coordinate the necessary efforts to achieve inclusion of the proposed TCM into the applicable implementation plan. The TCMs approved by the AQCB and subsequently by the EPA as pa rt of the applicable impl ementation plan shall recei ve priority funding for implementation in a manner consistent with funding and phasing schedules specified in the MPO’s TIP or MTP or both. (a) In the event that implementation of a TCM is infeas ible in the time frame for that measure in the applicable implementation plan (as defined in Subsection D of 20.11.3.7 NMAC), the parties in the interagency consultation process established pursuant to Paragraph (1) of Subsection D of 20.11.3.105 NMAC shall assess whether such a measure continues to be appropri ate. When the MPO and the AQCB concur that a TCM identified in the applicable implementation plan is no longer appropriate, the agencies may initiate the process described in Subparagraph (b) through Subparagraph (e) of Paragraph (5) of Subsection C of 20.11.3.105 NMAC to identify and adopt a substitute TCM. (b) Substitution of TCMs . Any TCM that is specified in the applicable implementation plan may be replaced or added to the implementation plan withalternate or additional TCMs without an implementation plan revision if the proposed measure meets the following provisions: (i) upon request by the MPO, the EHD shall convene the TCTC to identify and evaluate possible substitute and additional measures; consultation with EPA may be accomplished by sending copies of all draft and final documents, agendas and reports to EPA Region 6; (ii) the substitute TCM shall provide for equivalent or greater emissions reduction s than the TCM to be replaced in the applicable implementation plan , as demonstrated by an emi ssions impact analysis that is consistent with the current methodology used for evaluating the replaced TCM in the implementation plan; (iii) the substitute TCM shall be implemented in accordance with a schedule that is consistent with the schedule provided for the TCM contained in the applicable implementation plan; or if the implementation plan date for implementation of the TCM to be replaced has already passed, a TCM selected pursuant to 20.11.3 NMAC that requires funding shall be included in the first year of the next MTP and TIP adopted by the MPO; however, the substituted TCM shall be implemented as soon as possible, but not later than one year from the date of the original TCM, and in no case, later than the date on which emission reductions are necessary to achieve the purpose of the implementation plan; (iv) in order for the AQCB to adopt substitute and additional TCMs, there shall be evidence of adequate personnel, funding and authority under state or local law to implement, monitor and enforce

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### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 the control measures; commitments to implement the substitute TCMs shall be made by the agency with legal authority for implementation; (v) the TCMs substituted under 20.11.3.105 NMAC for purposes of the applicable implementation plan shall receive priority funding for implementation within the MPO’s MTP and TIP funding processes; and (vi) no TCM shall be replaced until the substitute TCM has been adopted and the existing TCM in the applicable implementation plan has been rescinded by the AQCB; adoption of a substitute TCM by the AQCB formally rescinds the previously applicable TCM and adopts the substitute TCM. (c) Public participation: After the concurrence required under Subparagraph (a) of Paragraph (5) of Subsection C of 20.11.3.105 NMAC, the AQCB shal l conduct a public hearing and comment process, in accordance with 40 CFR 52.102, on th e proposed substitute TCM(s). The hearing can only be held after a reasonable public notice and comment period, which begins at least 30 days prior to the hearing date. The AQCB shall ensure that: (i) the public is notified by prominent advertising in the area affected announcingthe time, date and place of the hearing; (ii) each proposed plan or revision is av ailable for public inspection in at least one location in the applicable area; (iii) the MPO, EPA, affected local agencies and other interested parties are notifi ed; and (iv) a description of the TCM(s), analysis supporting the proposal, assumptions and methodology are available to the public, the MPO and EPA for atleast 30 days before the public hearing and at least 30 days prior to the close of the public comment period. (d) Concurrence process for substitute TCMs: (i) before initiating any public participation process, the AQCB, MPO and EPA shall concur with the appropriateness and equivalency of the substitute or additional TCM; (ii) the AQCB shall respond to all public comments and submit to EPA a summary of comments received during the public comment period alo ng with the responses following the close of the public comment period; (iii) the EPA shall notify the AQCB within 14 days if EPA’s concurrence with the substitution TCM has changed as a result of public comment; (iv) all substitute TCMs shall be adopted by the AQCB following the public comment period and EPA’s concurrence described in Subparagraph (d) of Paragraph (5) of Subsection C of 20.11.3.105 NMAC; if not adopted, th e substitute TCM cannot replace the existing TCM. (e) Technical information: The analysis of substitute TCMs shall be consistent with methodology used for evaluating TCMs in the nonattainment or maintenance plan. Where emissions models or transportation models have changed since those used for purposes of evaluating measures in the nonattainment or maintenance plan, the TCM to be replaced and the substitute TCMs shall be evaluated using the latest modeling techniques for purposes of demonstrating equivalency or greater emissions reductions. The key methodology and assumptions shall be consistent with EPA approved regional and hot-spot emissions models (for CO, PM 10

### and PM 2.5 

### ), the area’s transp ortation model, and population and employment growth projections. (f) Record keeping: The AQCB shall maintain documentation of approved TCM substitutions. The documentation shall provide a description of the substitute and replaced TCMs, including requirements and schedules. The documentation shall also provide a description of the substitution process including the public and agency participation and coordination with the TCTC, the public hearing and comment process, EPA concurrence and AQCB adoption. The documentation shall be submitted to EPA following adoption of the substitute TCMs by the AQCB, and made available to the public as an attachment to the applicable implementation plan. (g) Adoption: (i) concurrence by the metropolitan planning organization, the state air pollution control agency and the administrator as required by Subparagraph (i) of Paragraph (d) of Subsection C of 20.11.3.105 NMAC, shall constitute adoption of the substitute or additio nal control measures so long as the requirements of Paragraph (b) of Subsection C of 20.11.3.105 NMAC are met; (ii) once adopted, the substitute or additional control measures become, by operation of law, part of the state implementation plan and become federally enforceable; (iii) within 90 days of its concurrence under Subparagraph (i) of Paragraph (d) of Subsection C of 20.11.3.105 NMAC, the state air pollution control agency shall submit the substitute or additional control measure to the administrator for incorporation in the codification of the applicable implementation plan;

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### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 notwithstanding any other provision of the Clean Air Act, no additional state process sh all be necessary to support such revision to the applicable plan. (h) No requirement for express permission . The substitution or addition of a transportation control measure in accordance with Paragraph (5) of Subsection C of 20.11.3.105 NMAC and the funding or approval of such a control measure shall not be contingent upon the existence of any provision in the applicable implementation plan that expressly permits such a substitution or addition. (i) No requirement for new conformity determination . The substitution or addition of a transportation control measure in accordance with Paragraph (5) of Subsection C of 20.11.3.105 NMAC shall not require: (i) a new conformity determination for the transportation plan; or (ii) a revision of the implementation plan. D. Interagency consultation procedures: Specific processes. (1) Interagency consultation procedures for the Bernalillo county nonattainment/maintenance area, in accordance with Subsection C of 20.11. 3.105 NMAC, shall involve the MPO (t ransportation, land use and transit members from within the AMPA), state DOT, EPA, FHWA, FTA and the air agency. The TCTC’s role in interagency consultation for the specific processes is described below. The TCTC shall include representatives as described in Paragraph (1) of Subsection B of 20.11.3.105 NMAC. The TCTC shall be established by the air agency in cooperation with the MPO. The TCTC shall meet on an as-needed basis. The air agency, in consultation with the MPO, shall be responsible for convening meetings and establishing meeting agendas. (a) The TCTCshall evaluate and participate in es tablishing the circumstances for the application of a transportation or air quality model (or models). Committee review shall include VMT forecasting and associated methods and assumptions to be used in: 1) hot-spot and regional emissions analysis for establishing motor vehicle emissions budgets; 2) developing the MTP and the TIP; 3) developing implementation plan revisions directly applicable to transportation, and 4) making the conformity determinations and planning assumptions identified in 20.11.3.110 NMAC. The TCTC shall also revi ew assumptions, analyses and results of the conformity and fiscal constraint determinations and other applicable implementation plan revisions or actions affecting the MTP and transportation programs. The TCTC shall function as a cooperative interagency effort to share mobile source modeling and transportation and air quality modeling information, and to evaluate modeling assumptions through interagency consultation. Regional modeling shall be the responsibility of the MPO and the air agency as appropriate. Hot-spot analysis shall be the responsibility of the lead agency of the project requiring the analysis. Before new models used in hot-spot or regional emissions analyses are adopted for general use, the TCTC shall be provided an opportunity to review and comment. This process also applies to consultation on the design, schedule and funding of research and data collection efforts regarding regional transportation models developed by the MPO (e.g. household travel transportation surveys) described in 20.11.3.110 NMAC. New modeling information shall be presented by the air agency and the MPO in regularly scheduled meetings. (b) The TCTC shall determine which minor arterials an d other transportation projects shall 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 systems or extensions that offer an alternative to regional highway travel), and which projects shall be considered to have a significant change in design concept, timing and scope from the MTP or TIP. When the TCTC determines that a significant change in design concept, timing and scope has occurred, the MPO and lead agency shall, as part of the MTP and TIP process, consult with the appropriate agencies identified in Paragraph (1) of Subsection D of 20.11.3.105 NMAC to assess the impact of this project change on the conformity determination. The MPO shall redetermine transp ortation conformity for air quality if a significant change occurs w ithin the transportation network that is likely to lead to a meaningful increase in a pollutant for whic h the nonattainment area exceeds the NAAQS, or for an area that is designated as attainment and is subject to a maintenance plan. (c) The TCTC shall evaluate whether projects otherwise exempt from meeting the regional or hot-spot conformity analysis requirements shall be treated as non-exempt in cases where potential adverse emissions impacts may exist for any reason. The MPO’s conformity documents shall include a list of transportation projects exempted from inclusion in a regional conformity determination. Exempt projects are identified in 20.11.3.126 NMAC and 20.11.3.127 NMAC. The process used to reach a determination of exemption shall include an evaluation of whether or not the exempt project shall interfere with or impede the implementation of TCMs in the applicable implementation plan. If no substantive comments related to air quality impacts are received as part of the TIP review process, the lead agency for the project may proceedwith implementation of the exempt project. If substantive air quality impact comments are received which indicate that an exem pt project may adversely affect air

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### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 quality, the lead agency for the project shall consult with the air agency and the MPO to determine the appropriate action necessary to address the adverse air quality impacts. (d) If TCMs are included in the SIP, the MPO shall give maximum priority to approval or funding of those TCMs, report to the AQCB annually whether those TCMs are on schedule and, if not, what delays have been encountered, what obstacles to implementation have been identified and whether or not these obstacles are likely to be overcome. The AQCB sh all also consider whether delays inTCM implementation necessitate a SIP revision to remove, substitute, or modify TCMs or identify other reduction measures. If substitute TCMs or other reduction measures beyond those already in the SIP are de emed necessary through the consultation process specified in 20.11.3.105 NMAC, the MPO shall work with the member s of the TCTC to identify and coordinate appropriate modifications to the MTP, TIP and conformity determination. All revisions to the MTP, TIP and conformity determination shall be made as part of the MPO’s transportation planning process. (e) The MPO shall, through its transportation planning process, notify the agencies represented on the TCTC regarding revisions and amendments to the MTP and TIP that merely add or delete exempt projects identified in 20.11.3.126 NMAC. (f) If Bernalillo county is designated nonattainment for PM 10

### or PM 2.5 

### , the consultative process as specified in Subsection D of 20.11.3.105 NMAC shall be used to coordinate the iden tification of projects located at sites that have vehicle and roadway emission and disper sion characteristics which are si milar to those sites that have violations verified by monitoring. A quantitative PM 10

### hot-spot analysis shall be required for these projects in accordance with Subsection B of 20.11.3. 123 NMAC. The air agency, in consu ltation with the MPO, shall advise the appropriate lead agency responsible for project development of the proj ects identified and the basis for their identification. (g) The MPO sh all provide written notification to all ag encies in the MTP, TIP and conformity determination processes, including the AQCB, of plan revisions or plan amendments that merely add or delete exempt projects identified in 20.11.3.126 NMAC. (h) Requirements for conformity tests for isolated rural nonattainment and maintenance areas shall be governed by Subparagraph (c) of Paragraph (2) of Subsection [N ] Gof 20.11.3.109 NMAC. { FR Vol. 77, No. 50, pp. 14979-88, 3/14/12 re: 40 CFR 93.105} 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 (2) Interagency consultatio n procedures shall include the agenci es specified in Paragraph (1) of Subsection D of 20.11.3.105 NMAC. These agenciesshall participate in the following processes. (a) In addition to the triggers defined in 20.11.3.105 NMAC, the air agency may request a new conformity determination when an emergency project involves substantial functional, location or capacity changes, or when the project may otherwise adversely affect the transportation conformity determination. (b) If an adjacent area is designated nonattainment and the area includes another MPO, the agencies involved shall cooperatively share the responsibility for conducting conformity determinations for transportation activities that cross borders of the MPOs or nonattainment areas. An agreement shall be developed between the MPOs and other appropriate local and state gov ernment agencies to address the responsibilities of each for regional emissions analysis. (3) Although the metropolitan planning area may not include all of the nonattainment/ maintenance area of Bernalillo county, the MPO (which is also the regional planning organization for all of Bernalillo county), in coordination with the state DOT, shall be responsibl e for conducting conformity analyses and conformity determinations for transportation activities for the entire nonattainment/ maintenance area that is located within the MPO’s area of planning responsibility. (4) Interagency consultation on regionally significant non-FHWA/FTA projects: (a) Any group, entity or individual planning to construct a regionally significant transporta tion project that is not a FHWA/FTA project (including a project for which alternative locations, design concept and scope, or the no-build option is still being considered), including projects planned by recipients of funds designated under Title 23 U.S.C. or the Federal Transit Act, shall ensure that these plans are disclosed to the MPO on a regular basis through the MTP and TIP development processes, or as soon as they are identified, and shall notify the MPO immediately of any changes to an exis ting plan so that these transportation projects can be incorporated into the regional emissions analysis and modeling for the nonattainment/maintenance area. Any member of the TCTC may request that the TCTC make a determination regarding whether a project is regionally significant. Upon receipt of a written request stating the reasons why the TCTC should make a determination, the EHD in coordination with the MRCOG shall convene a meeting of the TCTC to make a determination regarding regional significance. If the TCTC determines that the non-FHWA/FTA project is not regi onally significant, no further actions by the TCTC are required. If the TCTC determines th at the non-FHWA/FTA project is region ally significant, the TCTC will follow

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### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 the requirements of 20.11.3 NMAC and the MPO will incorp orate the project into the regional emissions analysis, the TIP and the MTP. (b) The sponsor of any regionally significant project, and other recipients of funds designated under Title 23 U.S.C. or the Federal Transit Act, who knows about any such project through applications for approval, permitting, funding or otherwise gains knowledgeof a regionally significant project, shall promptly disclose the project to the MPO. Such disclosures shall be made not later thanthe first occasion on which any of the following actions is sought: any MTB action or other action by government decision making bodies necessary for the project to proceed, the issuance of administrative perm its for the facility or for construction of the facility, the execution of a contract to design or construct the facility, the execution of any indebtedness for the facility, any final action of a board, commission or administrator authorizing or directin g employees to proceed with design, permitting or construction of the project, or the execution of any contract to design or construct or any approval needed for any facility that is dependent upon the completion of a regionally significant project. At the earliest opportunity, the MPO shall apprise the agencies participating in the consultation process identified above in Paragraph (1) of Subsection D of 20.11.3.105 NMAC of these projects and include them in the conformity analysis networks. (c) Procedures to address non-conforming regionally significant projects not in the TIP or MTP or both. When an regionally significant project has not be en included in the TIP or MTP or both, the TCTC shall participate in the air quality evaluation of a non-conf orming regionally significant project to ensure that the project is integrated into the region al emissions analysis, the TIP and the MTP in a manner consistent with the MPO’s transportation planning process, the requirements of 20.11.3 NMAC and other applicable federal requirements. Section 23 CFR 450.316 lists factors that shall be considered as part of the planning process. Among the factors that shall be considered is an analysis of the e ffects of all transportation projec ts to be undertaken within the metropolitan planning area, without regard to the fundingsource. Therefore, a regionally significant project funded entirely with local funding is subject to the planning requirements of Section 23 CFR 450.316. The analysis shall consider the effectiveness, co st effectiveness, and financing of alternative investments in meeting transportation demand and supporting the overall efficiency and effectiveness of transportation system performance and related impacts on community/central city goals re garding social and economic development, housing and employment. Another factor that shall be considered is the overall social, economic, energy and environmental effects of transportation decisions (including consideration of the effects and impacts of the transportation plan on the human, natural and man-made environment and consultation with appropriate resource and permit agencies to ensure early and continued coordination with environmental resource protection and management plans, and appropriate emphasis on transportation-related air quality prob lems in support of 23 U.S.C. 109(h) and Section 14 of the Federal Transit Act (49 U.S.C. 1610), Section 4(f) of the DOT Act (49 U.S.C. 303) and Section 174(b) of the Clean Air Act (42 U.S.C. 7504(b)). All projects, including regionally significant projects not yet included in a TIP or MTP or both, shall follow the requirement in 23 CFR 450.316 that calls for a proactive public involvement process that provides complete information, timely public notice, full public access to key decisions, and supports early and continuing involvement of the public in developing plans and TIPs and that provides for involvement of local, state and federal environment resource (e.g., EPA, EHD) and permit ag encies as appropriate. (d) If a regi onally significant project has not been disclosed in a timely manner to the MPO and other agencies involved in the consultation process, then, for the purposes of 20.11.3.121 NMAC, the regionally significant project shall not qualify as a conforming proj ect until the project complies with the requirements of 20.11.3 NMAC. When a regionally significant project has not been included in the regional emissions analysis for the current conforming TIP or MTP or both, proceeding toward implementing the project without complying with 20.11.3.105 NMAC and 20.11.3.121 NMAC may be inconsistent with federal and local laws including, but not limited to the following. (i) 23 U.S.C. Section 109(i). This requires that the secretary of transportation for the DOT consult with the administrator for the EPA to develop and promulgate guidelines to assure that highways constructed pursuant to Title 23 of the U.S. Code are cons istent with the applicable implementation plan pertaining to a nonattainment area or an attainment area subject to a maintenance plan. 20.11.3 NMAC is part of the applicable implementation plan. (ii) 23 CFR Section 450.312, metropolitan transportation planning: Responsibilities, cooperation, and coordination. This prohibits the MRCOG from approving any transportation plan or program that does not conform to the applicable implementation plan. Regionally significant projects are required to be included in the regional emissions analysis for the transportation plan or program.

20.11.3 NMAC Public Review Draft, 6/26/12 14

### (iii) 23 CFR Section 450.324,transportation improv ement program: General. This requires that the TIP include all regionally significant proj ects to be funded with non-federal funds in the air quality analysis for nonattainment areas and areas subject to a maintenance plan. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 (iv) 20.11.3 NMAC, Transportation Conformity

. This regulation requires that regionally significant projects be included in the transportation plans and the regional emissions analysis. Failure to include a regionally significant project in a transportation plan violates 20 .11.3 NMAC and jeopardizes approval of the regional MTP and the TIP. (e) Consequences of implementing a non-conf orming regionally significant project: Violations of 20.11.3 NMAC may result in criminal, civil and administrative penalties, including a potential administrative penalty of $15,000 per day of non-compliance. In addition, the EPA may determine that implementing a nonconforming regionally significant project violates the applicable implementation plan, and the EPA may impose federal sanctions that would jeopardize the receipt of federal transportation funds to the affected area, including Title 23, U.S.C. or Federal Transit Act funds. In addition, the FHWA must periodically review the transportation planning process used by the MRCOG, an d failure to follow federal requirements may adversely affect FHWA’s certificatio n of the MRCOG process. (f) For the purposes of 20.11.3.105 NMAC and 20.11.3.121 NMAC, the phrase “adopt or approve a regionally significant project” means the first time any action necessary to authorize a project occurs, such as any MTB action or other action by government decision making bodies nece ssary for the project to proceed, the issuance of administrative permits for the facility or for construction of the facility, the execution of a contract to construct the facility, any final action of a board, commission or administrator authorizing or directing employees to proceed with construction of the project, or any written deci sion or authorization from the MPO that the project may be adopted or approved. (5) When there is insuff icient information to model the projects described in Paragraph (4) of Subsection D of 20.11.3.105 NMAC, the MPO, in consultation with the lead agency for the project, shall make assumptions about the location, timing, design concept and scope for those projects that are disclosed to the MPO as required in Paragraph (4) of Subsection D of 20.11.3.105 NMAC. (6) The MPO or other consulting agencies shall provide copies of adopted documents and supporting information on the approved MTP or TIP conformity determination or adopted SIP revisions to all agencies listed in Paragraph (1) of Subsection D of 20.11.3.105 NMAC. E. Resolving conflicts: (1) The air agency and the MPO (or state DOT when applicable) shall make a good-faith effort to address the major concerns of the other party and reach a resolution. Every reasonable effort shall be made to resolve differences. In the event that the parties cannot reach agreement, th e conflict shall be escalated to the governor. (2) In the event that the pa rties agree that every reasonable effort has been made to address major concerns but no further progress is possible, the MPO shall promptly notify the director of the air agency in writing of the inability to resolve concerns or agree upon the final decision or action. Notification shall be provided within 30 days and shall be provided by registered mail. The MPO shall cite this paragraph in any such notification to the air agency. (3) The air agency has 14 calendar days from the date of receipt of notification as required in Paragraph (2) of Subsection E of 20.11.3.105 NMAC to appeal to the governor. Notification shall be provided by registered mail. The air agency shall cite this paragraph in any notification of a conflict that requires action by the governor or his designee. If the air agency appeals to the governor, the final conformity determination shall have the concurrence of the governor. The governor or his designee may issue a written decision on the appeal within 30 calendar days of receipt of the appeal. If the air agency does not appeal tothe governor within 14 calendar days from receipt of written notification, the MPO may proceed with the final conformity determination. The governor may delegate his role in this process, but not to the memb ers or staff of: the AQCB, director of the city or county EHD, secretary of the environment department, chief of the state air quality bureau, manager of the city of Albuquerque’s air quality division, the environmental improvement board, secretary of the DOT, state highway commission or an MPO. F. Public consultation procedures: Affected agencies making conformity determinations on transportation plans, programs and projects shall establish a proactive public involvement process that provides opportunity for public review and comment by, at a minimum, providing reasonable public access to technical and policy information considered by the agency at the beginning of the public comment period and prior to taking formal action on a conformity determination for the MTP and TIP, consistent with these requirements and those of 23 CFR 450.316(b). Any charges imposed for public inspection and copying shall be consistent with the fee

20.11.3 NMAC Public Review Draft, 6/26/12 15

### 1 2 3 4 5 6 7 schedule contained in 49 CFR 7.43 and NMSA 14-2-9.B.3. In addition, these agencies shall specifically address in writing all public comments stating that known plans for a regionally significant project, which is not receiving FHWA or FTA funding or approval, have not been properly reflected in the emissions analysis that supports a proposed conformity finding for the MTP or TIP. These agencies shall also provide opportunity for public involvement in conformity determinations for projects where otherwise required by law. [20.11.3.105 NMAC - Rn & A, 20.11.3.202 NMAC, 11/15/10]

20.11.3.106 CONTENT OF TRANSPORTATION PLANS AND TIME FRAME OF CONFORMITY DETERMINATIONS : 8 9 10 11 12 13 14 15 16 17 18 19 A. Transportation plans ad opted after January 1, 1997 in s erious, severe or extreme ozone nonattainment areas and in serious CO nonattainment areas. If the metropolitan planning area contains an urbanized area population greater than 200,000, the transportation plan shall specifically describe the transportation system envisioned for certain future ye ars which shall be called horizon years. (1) The MPO, in developing the transportation plan in consu ltation with the affected agencies identified in Paragraph (1) of Subsection D of 20.11.3.105 NMAC, may choose any years to be horizon years, subject to the following restrictions: (a) horizon years may be no more than 10 years apart; (b) the first horiz on year may be no more than 10 year s from the base year used to validate the transportation demand planning model; 20 21 22 (c) the attainment year must be a horizon year if it is in the time frame of the transportati on plan and conformity determination; (d) the last y ear of the transportation plan’s forecast period shall be a horizon year; and (e) if the timeframe of the conformity determination has been shortened under Subsection D o f 23 20.11.3 NMAC, the last year of the time frame of the conformity determination must be a horizon year. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 (2) For these horizon years: (a) the transportation plan shall quantify and document the demographic and employment factors influencing expected transportation demand, including land use forecasts , in accordance with implementation plan provisions and the consultation requirements specified by 20.11.3.105 NMAC; (b) the highway and transit system shall be described in terms 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 modificationsto 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 modifi ed highway segment shall alsobe sufficiently identified in terms of its design concept and design scope to allo w modeling of travel times under various traffic volumes, consistent with the modeling methods for area-wide transp ortation 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 that are sufficient for modeling transit ri dership; additions and modifications to the transportation network shall be described sufficiently to demonstrate a reasonable relationship between expected land use and the envisioned transportation system; and (c) other fu ture 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 20.11.3.106 NMAC appl y to such areas or portions 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 an urbanized area population 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 than 200,000; or, (3) the effective date of EPA’s action that classifies a newly de signated ozone or CO nonattainment 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 shall meet the requirements of Subsection A of 20.11.3.106 NMAC at leas t to the extent it has been the previous practice of the MPO to prepare plans which meet those requirements. Otherwise, the transportation system envisioned for the future shall be sufficiently described within the transportation plans so that a conformity determination can be made according to the criteria and procedures of 20.11.3.109 NMAC through 20.11.3.1 19 NMAC. D. Time frame of conformity determination: 56

20.11.3 NMAC Public Review Draft, 6/26/12 16

### (1) Unless an election is made under Paragraph (2) or (3) of Subsection D of 20.11.3.106 NMAC, the 1 time frame of the conformity determination shall be through the last year of the transportation plan’s forecast period. 2 3 (2) For areas that do not have an adequate or approved CAA Section 175A(b) maintenance plan, the MPO may elect to shorten the time frame of the trans portation plan and TIP conformity determination, after consultation with state and local air quality agencies, solicitation of public comments, and consideration of such
comments. 4 5 6 7 8 9 10 11 12 13 14 15 (a) The shortened time frame of the conformity determination must extend at least to the late st of the following years: (i) the tenth year of the transportation plan; (ii) the latest year for which an adequateor approved motor vehicle emissions budg et(s) is established in the submitted or applicable implementation plan; or (iii) the year after the completion date of a regionally significant project if theproject is included in the TIP or the project requires approval before the subsequent conformity determination. (b) The conformity determination must be accompanied by a regional emissions analysis (for informational purposes only) for the last year of the transportation plan and for any year shown to exceed motor vehicle emissions budgets in a prior regional emissions analysis, if such a year extends beyond the time frame of the conformity determination. 16 17 18 (3) For areas that have an adequate or approved CAA Section 175A(b) maintenance plan, the MPO may elect to shorten the time frame of the conformity determination to extend through the last year of such maintenance plan after consultation with state and local air quality agencies, solicitation of public comments, and consideration of such comments. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 (4) Any election made by an MPO under Paragraph (2) or (3) of Subsection D of 20.11.3.106 NMAC shall continue in effect until the MPO elects otherwise, after consultation with state and local air quality agencies, solicitation of public comments, and consideration of such comments. E. Savings: The requirements of 20.11.3.106 NMAC supplement other requirements of applicable law or regulation governing the format or content of transportation plans. [20.11.3.106 NMAC - Rn & A, 20.11.3.203 NMAC, 11/15/10]

20.11.3.107 RELATIONSHIP OFTRANSPORTATION PLAN AND TIP CONFORMITY WITH THE NEPA PROCESS : The degree of specificity required in the transportation plan and the specific travel network assumed for air quality modeling do not preclude the consideration of alternatives in the NEPA process or other project development studies. Should the NEPA proces s result in a project with design concept and scope significantly different from that in the transportation plan or TIP, the project shall meet the criteria in 20.11.3.109 NMAC through 20.11.3.119 NMAC for projects not from a TIP before NEPA process completion. [20.11.3.107 NMAC - Rn & A, 20.11.3.204 NMAC, 11/15/10]

20.11.3.108 FISCAL CONSTRAINTS FOR TRANSPORTATION PLANS AND TIPS : Transportation plans and TIPs shall be fiscally constrained consistent w ith DOT’s metropolitan planning regulations at 23 CFR Part 450 in order to be found in conformity. The determination that the MTP and TIP are fiscally constrained is made through the MPO’s transportation planning process, which includes the agencies represented in the consultation process described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC. [20.11.3.108 NMAC - Rn & A, 20.11.3.205 NMAC, 11/15/10]

20.11.3.109 CRITERIA AND PROCEDURE S FOR DETERMINING CONFORMITY OF TRANSPORTATION PLANS, PROGRA MS, AND PROJECTS: GENERAL : A. In order for each transportation plan, program, and FHWA/FTA project to be found to conform, the MPO and DOT shall demonstrate that the applicable criteria and procedures in 20.11.3 NMAC are satisfied. The MPO and DOT shall comply with all app licable conformity requirements of implementation plans and court orders for the area which pertain specifically to conformity. The criteria for making conformity determinations differ based on the action under review (transportation plans, TIPs and FHWA/FTA projects), the relevant pollutant(s) and the status of the implementation plan. B. Table 1 in Subsection B of 20.11.3.109 NMAC indicates the criteria and procedures in 20.11.3.110 NMAC through 20.11.3.119 NMAC, which apply for transportation plans, TIPs and FHWA/FTA projects. Subsection C [through Subsection K ] of 20.11.3.109 NMAC explains when the budget, and interim emissions [and hot 54

- spot] tests are required for each pollutant and NAAQS. Subsection D of 20.11.3.109 NMAC 55 56 explains when a hot-spot test is required. Subsection [L ] Eof 20.11.3.109 NMAC addresses conformity

20.11.3 NMAC Public Review Draft, 6/26/12 17

### requirements for areas with approved or adequate limited maintenance plans. Subsection [M ] Fof 20.11.3.109 NMAC addresses nonattainment and maintenance areas whic h EPA has determined have insignificant motor vehicle emissions. Subsection [N 1 2 ] Gof 20.11.3.109 NMAC addresses isolated rural nonattainment and maintenance areas. Table 1 follows: {FR Vol. 77, No. 50, pp. 14979-88, 3/14/12 re: 40 CFR 93.109.(b)} 3 4 5

TABLE 1. CONFORMITY CRITERIA 6 7 All Actions at all times: 8 20.11.3.110 NMAC Latest planning assumptions 9 10 20.11.3.111 NMAC Latest emissions model 20.11.3.112 NMAC Consultation 11 12 Transportation Plan: 13 Subsection B of 20.11.3.113 NMAC TCMs. 14 15 20.11.3.118 or 20.11.3.119 NMAC Emissions budget or interim emissions 16 TIP: 17 Subsection C of 20.11.3.113 NMAC TCMs. 18 20.11.3.118 or 20.11.3.119 NMAC Emissions budget or interim emissions 19 20 Project (from a conforming plan and TIP): 21 20.11.3.114 NMAC Currently conforming plan and TIP 22 20.11.3.115 NMAC Project from a conforming plan and TIP 23 24 20.11.3.116 NMAC CO, PM 10

### and PM 2.5 

### hot-spots 20.11.3.117 NMAC PM 10

### and PM 2.5 

### control measures 25 26 Project (Not From a Conforming Plan and TIP): 27 Subsection D of 20.11.3.113 NMAC TCMs. 28 20.11.3.114 NMAC Currently conforming plan and TIP 29 30 20.11.3.116 NMAC CO, PM 10

### and PM 2.5 

### hot-spots 20.11.3.117 NMAC PM 10

### and PM 2.5 

### control measures 31 32 33 20.11.3.118 or 20.11.3.119 NMAC Emissions budget or interim emissions

C. [1

- hour ozone NAAQS nonattainment and maintenance areas ] Regional conformity test 34 requirement for all nonattainment and maintenance areas : [Subsection C of 20.11.3.109 NMAC applies when 35 an area is nonattainment or maintenance for the 1

- hour ozone NAAQS ( i.e

. ] This provision applies one year after the 36 effective date of EPA’s nonattainment designation for a NAAQS in accordance with Subsection D of 20.11.3.2 37 38 39 40 41 NMAC and until the effective date of [any ] revocation of [the 1

- hour ozone ] suchNAAQS for an area [) ] . In addition to the criteria listed in Table 1 in Subsection B of 20 .11.3.109 NMAC that are required to be satisfied at all times, in such ozone nonattainment and maintenance areas, conformity determinations shall include a demonstration that the budget or interim emissions tests are satisfied as described in the following: (1) In all [1

- hour ozone ] nonattainment and maintenance areas for a NAAQS the budget test shall be satisfied as required by 20.11.3.118 NMAC for conformity determinations 42 for such NAAQS made on or after: 43 44 (a) the effectiv e date of EPA’s finding that a motor vehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan for [the 1

- hour ozon e ] suchNAAQS is adequate for transportation c onformity purposes; 45 46 47 48 49 (b) the publi cation 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. (2) [In ozone nonattainment areas that are required to submit a control strategy implementation plan 50 revision for the 1

- hour oz one NAAQS (usually moderate and above areas), the interim emissionstests shallbe 51 52 satisfied as required by 20.11.3.119 NMAC for conformity determinations madewhen there is no approved motor vehicle emissions budget from an applicable implementation plan for the 1

- hour ozone NAAQS and no adequate 53 motor vehicle emissions budget from a submitted control strategy implementation plan revision or maintenance plan 54 55 for the 1

- hour ozone NAAQS. ] Prior to Paragraph 1 of Subsection C of 20.11.3.109 NMAC applying for a NAAQS,

20.11.3 NMAC Public Review Draft, 6/26/12 18

### in a nonattainment area that has approved or adequate motor vehicle emissions budgets in an applicable 1 2 implementation plan or implementation plan submission for another NAAQS of the same pollutant, the following tests must be satisfied: 3 4 (a) If the nonattainment area covers the same geographic area as another NAAQS of the same 5 pollutant, the budget test as required by 20.11.3.118 NMAC using the approved or adequate motor vehicle emissions budgets for that other NAAQS; 6 7 (b) If the n onattainment area covers a smaller geographic area within an area for another NAAQS of the same pollutant, the budget test as required by 20.11.3.118 NMAC for either: 8 9 (i) The nonattainment area, using corresponding portion(s) of the approved or adequ ate 10 motor vehicle emissions budgets for that other NAAQS, where such portion(s) can reasonably be identified through 11 the interagency consultation process required by 20.11.3.105 NMAC; or 12 (ii) The area designated nonattainment for that other NAAQS, using the approved or 13 adequate motor vehicle emissions budgets for that other NAAQS. If additional emissions reductions are necessary to meet the budget test for the nonattainment area for a NAAQS in such cases, these emissions reductions must 14 come from within suchnonattainment area; 15 16 (c) If the n onattainment area covers a larger geographic area and encompasses an entire area for another NAAQS of the same pollutant, then either Item (i) or (ii) of Subparagraph (c) of Paragraph (2) of 17 Subsection C of 20.11.3.109 NMAC must be met: 18 19 (i) 1. The budget test as required by 20.11.3.118 NMAC for the portion of the nonattainment area covered by the approved or adequate motor vehicle emissions budgets for that other NAAQS; 20 and 2. the interim emissions tests as required by 20.11. 3.119 NMAC for one of the following areas: the portion of 21 22 the nonattainment area not covered by the approved or adequate budgets for that other NAAQS; the entire nonattainment area; or the entire portion of the nonattainme nt area within an individu al state, in the case where 23 separate adequate or approved motor vehicle emissions budgets for that other NAAQS are established for each state 24 25 of a multistate nonattainment or maintenance area. 26 (ii) The budget test as required by 20.1 1.3.118 NMAC for the entire nonattainment area using the approved or adequate motor vehicle emissions budgets for that other NAAQS. 27 28 (d) If the n onattainment area partially covers an area for another NAAQS of the same pollutan t: 29 (i ) The budget test as required by 20.11.3.118 NMAC for the portion of the nonattainment area covered by the corresponding portion of the approved or adequate motor vehicle emissions 30 31 budgets for that other NAAQS, where they can be reasonably identified through the interagency consultation process required by 20.11.3.105 NMAC; and 32 33 (ii) The interim emissions tests as required by 20.11.3.119 NMAC, when applicable, for either: the portion of the nonattainment area not covered by the approved or adequate budgets for that other 34 35 NAAQS; the entire nonattainment area; or the entire portion of the nonattainment area within an individual state, in the case where separate adequate or approved motor vehicle emissions budgets for that other NAAQS are 36 established for each state of a multistate nonattainment or maintenance area. 37 38 (3) In a nonattainment area, the interim emissions tests required by 20.11.3.119 NMAC must be 39 satisfied for a NAAQS if neither Paragraph (1) nor paragraph (2) of Subsection C of 20.11.3.109 NMAC applies for such NAAQS. 40 [(3) ] (4) An ozone nonattainment area shall satisfy the interim emissions test for NO x 

### , as required by 20.11.3.119 NMAC, if the implementation plan or plan submission that is applicable for the purposes of conformity determinations is a 15% plan or [phase I attainment demonstration 41 42 ] other control strategy SIPthat does not include a motor vehicle emissions budget for NO x 

### . The implementation plan for [the 1 43

- hour ozone ] anNAAQS shall be considered to establish a motor vehicle emissions budget for NO x 

### if the implementation plan or plan submission contains an explicit NO x

### motor vehicle emissions budget that is intended to act as a ceiling on future NO x

### emissions, and the NO x

### motor vehicle emissions budget is a net reduction from NO x

### emissions levels in [1990 44 45 46 ] the SIP’s 47 baseline year

. 48 [ (4) Ozone nonattainment areas that have not submitted a maintenance plan and that are not required 49 to submit a control strategy implementation plan revision for the 1

- hour ozone NAAQS (usually marginal and below 50 51 areas) shallsatisfy one of the following requirements: (a) the interim emissions tests required by 20.11.3.119 NMAC; or 52 53 (b) t he state shall submit to EPA an implementation plan revision for the 1

- hour ozone NAAQS that contains motor vehicle emissions budget(s) and a reasonable further progress or attainment demonstration, and 54 the budget test required by 20.11.3.118 NMACshallbe satisfied using the adequate or approved motor vehicle 55 56 emissions budget(s) (as described in Paragraph (1) of Subsection C of 20.11.3.109 NMAC). ]

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### (5) Notwithstanding [Paragraph (1) and Paragraph (2) ] Paragraphs (1), (2) and (3) of Subsection C of 20.11.3.109 NMAC, [moderate and above ozone 1 ] nonattainment areas with [three years of ] clean data for [the 1

- 2 hour ozone ] NAAQS that have not submitted a maintenance plan and that EPA has determined are not subject to the Clean Air Act reasonable further progress and attainment demonstration requirements for [the 1 3

- hour ozone ] that NAAQS shall satisfy one of the following requirements: 4 5 (a) the budget test or the interim emissions tests as required by 20.11.3.118 NMAC and 20.11.3.119 NMAC 6 as described in Paragraph (2) and (3) or Subsection C of 20.11.3.109 NMAC ; 7 8 (b) the budget test as required by 20.11.3.118 NMAC, using the adequate or approved motor vehicle emissions budgets in the submitted or applicable control strategy implementation plan for the [1

- hour ozone ] NAAQS 9 for which the area is designated nonattainment (subject to the timing requirements of Paragraph (1) of Subsection C of 20.11.3.109 NMAC; or 10 11 (c) the budg et test as required by 20.11.3.118 NMAC, using the motor vehicle emissions [of 12 13 ozone precursors ] in the most recent year of [clean data as motor vehicle emissions budgets, if such budgets are established by the EPA rulemaking that determines that the area has clean data for the 1

- hour ozone NAAQS ] 14 attainment as motor vehicle emissions budgets, if the state or local air quality agency requests that the motor vehicle emissions in the most recent year of attainment be usedas budgets, and EPA approve s the request in conjunction 15

with the rulemaking that determines that the area has attained the NAAQS for which the area is designated 16 17 18 nonattainment

. 19 (6) For the PM 10

### NAAQS only, the interim emissions test s must be satisfied as required by 20.11.3.119 NMAC for conformity determinations made if the submitted implementation plan revision for a PM 10 

### nonattainment area is a demonstration of impracticab ility under CAA Section 189(a)(1)(B)(ii) and does not 20

demonstrate attainment. 21 { FR Vol. 77, No. 50, pp. 14979-88, 3/14/12, re: 40 CFR 93.109(c)} 22 D. [8

- hour ozone NAAQS nonattainment and maintenance areas with out motor vehicle 23 emissions budgets for the 1

- hour ozone NAAQS for any portion of the 8

- hour nonattainment area ] Hot-spot 24 conformity test requirements for CO, PM 2.5

### and PM 10

### nonattainment and maintenance areas : [Subsection D 25 of 20.11.3.109 NMAC applies to areas that were never designated nonattainment for the 1

- hour ozone NAAQS and 26 areas that were designated nonattainment for the 1

- hour ozone NAAQS but that never submitted a control strategy 27 SIP or maintenance plan with approved or adequate motor vehicle emissions b udgets. Subsection D of 20.11. 3.109 NMAC 28 applies one year after the effective date of EPA’s nonattainment designation for the 8

- hour ozone NAAQS 29 for an area, according to Subsection D of 20.11.3.2 NMAC. ] This provision applies in accordance with Subsection 30 D of 20.11.3.2 NMAC for a NAAQS and until the effectiv e date of any revocation of such NAAQS for an area. In addition to the criteria listed in Table 1 in Subsection B of 20 .11.3.109 NMAC that are required to be satisfied at all times, [in such 8 31 32

- hour ozone ] project-level conformity determinations in CO, PM 10

### and PM 2.5 

### nonattainment and maintenance areas conformity determinations shall include a demonstration that the [budget 33

orinterim emissions 34 35 tests ] hot-spot tests for the applicable NAAQS are satisfied as described in the following: [ (1) In such 8

- hour ozone nonattainment and maintenance areas the bud get test shall be satisfied as 36 required by 20.11.3.118 NMAC for conformity determinations made on or after: 37 (a) the effectivedate of EPA’s finding that a motor vehicle emissions budget in a submitted 38 39 control strategy implementation plan revision or maintenance plan for the 8

- hour ozone NAAQS is adequate for transportation conformity purposes; 40 (b) t he publication date of EPA’s approval of such a budget in the federal register; or 41 42 (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. 43 (2) In ozone nonattainment areas that are required to submit a control strategy implementation plan 44 45 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 shallbe satisfied as required by 20.11.3.119 NMAC for conformity 46 determinations made when there is no approved motor vehicle emissions budget from an applicable implementation 47 plan for the 8

- hour ozone NAAQS and no adequate motor v ehicle emissions budget from a submitted control 48 strategy implementation plan revision or maintenance plan for the 8

- hour ozone NAAQS. 49 (3) Such an 8

- ho ur ozone nonattainment area shallsatisfy the interim emissions test for NO x 

### , as 50 51 required by 20.11.3.119 NMAC, if the implementation plan or plan submission that is applicable for the purposes of conformity determinations is a 15% plan or other control strategy SIP that addresses reasonable further progress that 52 53 does not include a moto r vehicle emissions budget for NO x 

### . The implementation plan for the 8

- hour ozone NAAQS will be considered to establish a motor vehicle emissions budget for NO x

### if the implementation plan or plan 54 submission contains an explicit NO x

### motor vehicle emissions budget that is intended to act as a ceiling on future 55 56 NO x

### emissions, and the NO x

### motor vehicle emissions budget is a net reduction from NO x

### emissions levels in 2002.

20.11.3 NMAC Public Review Draft, 6/26/12 20

### (4) Ozone nonattainment areas that have not submitted a maintenance plan and that are not required 1 2 to submit a control strategy implementation plan revision for the 8

- hour ozone NAAQS (usually marginal and certain Clean Air A ct, Part D, Subpart 1 areas) shallsatisfy one of the following requirements: 3 4 (a) the interim emissions tests required by 20.11.3.119 NMAC; or 5 (b) t he state shall submit to EPA an implementation plan revision for the 8

- hour ozone NAAQS that contains motor vehicle emissions budget(s) a nd a reasonable further progress or attainment demonstration, and 6 7 the budget test required by 20.11.3.118 NMACshallbe satisfied using the adequate or approved motor vehicle emissions budget(s) as described in Paragraph (1) of Subsection D of 20.11.3.109 NMAC. 8 (5) Notwithstanding Paragraph (1) and Paragraph (2) of Subsection D of 20.11.3.109 NMAC, ozone 9 10 nonattainment areas with three years of clean data for the 8

- hour ozone NAAQS that have not submitted a 11 maintenance plan and that EPA has determined are not subject to the Cl ean Air Act reasonable further progress and attainment demonstration requirements for the 8

- hour ozone NAAQS shallsatisfy one of the following 12 13 requirements: (a) th e interim emiss ions tests as required by 20.11.3.119 NMAC; 14 (b) thebudget test as required by 20.11.3.118 NMAC, using the adequate or approved motor 15 16 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 20.11.3.109 NMAC; or 17 (c) the budget test as required by 20.11.3.118 NMAC, using the motor vehicle emissions of 18 19 ozone precursors in the most recent year of clean data as motor vehicle emi ssions budgets, if such budgets are established by the EPA rulemaking that determines that the area has clean data for the 8

- hour ozone NAAQS. 20 E. 8

- hour ozone NAAQS nonattainment and main tenance areas with motor vehicle emissions 21 budgets for the 1

- hour ozone NAAQS that cover all or a portion of the 8

- hour nonattainment area: Subsection E of 22 20.11.3.109 NMAC applies one year after the effective date of EPA’s nonattainment designation for 23
the 8

- hour ozone NAAQS for an area, according to Subsection D of 20.11.3.2 NMAC. In addition to the criteria 24 25 listed in Table 1 in Subsection B of 20.11.3.109 NMAC that are required to be satisfied at all times, in such 8

- hour ozone nonattainment and maintenance areas conformity determin ations shall include a demonstration that the budget 26

or interim emissions tests are satisfie d as described in the following. 27 28 (1) In such 8

- hour ozone nonattainment and maintenance areas the budget test shallbe satisfied as required by 20.11.3.118 NMAC for conformity determinations made on or after: 29 (a) the effective date of EPA’s finding that a mo tor vehicle emissions budget in a submitted 30 31 control strategy implementati on plan revision or maintenance plan for the 8

- hour ozone NAAQS is adequate for transportation conformity purposes; 32 (b) t he publication date of EPA’s approval of such a budget in the federal register; or 33 (c) the effective date of EPA’s approval of such a budget in the federal register, if such 34 35 approval is completed through direct final rulemaking. (2) Prior to Paragraph (1) of S ubsection E of 20.11.3.109 NMAC app lyin g, the following test(s) shall be satisfied: 36 37 (a) i f the 8

- hour ozone nonattainment area covers the same geographic area as the 1

- hour ozone 38 39 nonattainment or maintenance area(s), the budget test as required by 20.11.3.118 NMAC using the approved or adequate motor vehicle emissions budgets in the 1

- hour ozone applicable implementation plan or implementation 40 plan submission; 41 42 (b) i f the 8

- hour ozone nonattainment area covers a smaller geographi c area within the 1

- hour ozone nonattainment or maintenance area(s), the budget test as required by 20.11.3.118 NMAC for either: 43 (i) the 8

- hour nonattainment area using corresponding portion(s) of the approved or adequate motor vehicle emissions budgets in the 1 44

- hour ozone applicable implementation plan or implementation 45 plan submission where such portion(s) can reasonably beidentified through the interagency consultation process 46 required by 20.11.3.105 NMAC; or 47 (ii) the 1

- hour nonattainment area using the approved or adequate motor vehicle 48 emissions budgets in the 1

- hour ozone applicable implementation plan or implementation plan submission ; i f 49 additional emissions redu ctions are necessary to meet the budget test for the 8

- hour ozone NAAQS in such cases, these emissions reductions shall 50 come from within the 8

- hour nonattainment area; 51 (c) i f the 8

- hour ozone nonattainment area covers a larger geographic area and encompasses the 52 53 entire 1

- hour ozone nonattainment or maintenance area(s): (i) the budget test as required by 20.11.3.118 NMAC for the portion of the 8

- hour ozone 54 nonattainment area covere d by the approved or adequate motor vehicle emissions budgets in the 1

- hour ozone 55 56 applicable implementation plan or implementation plan submission; and

20.11.3 NMAC Public Review Draft, 6/26/12 21

### (ii) the interim emissions tests as required by 20.11.3.119 NMAC for either: the portion 1 2 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 3 4 nonattainment area within an individual state, in the case where separate 1

- hour SIP budgets are established for each 5 state of a multi

- state 1

- hour nonattainment or maintenance area; (d) i f the 8

- hour ozone nonattainment area partiallycovers a 1

- hour ozone nonattainment or 6 7 maintenance area(s): (i) the budget test as required by 20.11.3.118 NMAC for the portion of the 8

- hour ozone 8 nonattainment area covered by the corresponding portion of the approved or adequate motor vehicle emissions 9 10 budgets in the 1

- hour ozone applicable implementation plan or implementation plan submission where they can be 11 reasonably identified through the interagency consultation process required by 20.11.3.105 NMAC; and (ii) the interim emissions tests as required by 20.11.3.119 NMAC, when applicable, for 12 13 either: the portion of the 8

- hour ozone nonattainment area not covered by the approved or adequate budgets in the 1

- hour oz one implementation plan, the entire 8

- hour ozone nonattainment area, or the entire portion of the 8

- hour 14 ozone nonattainment area within an indivi dual state, in the case where separate 1

- hour SIP budgets are established 15 16 for each state in a multi

- state 1

- ho ur nonattainment or maintenance area. (3) Such an 8

- ho ur ozone nonattainment area shallsatisfy the interim emissions test for NO x 

### , as 17 required by 20.11.3.119 NMAC, if the only implementation plan or plan submission that is applicab le for the 18 19 purposes of conformity determinations is a 15% plan or other control strategy SIP that addresses reasonable further progress that does not include a motor vehicle emissions budget for NO x 

### . The implementation plan for the 8

- hour 20 ozone NAAQS willbe considered to establish a motor vehicle emissions budget for NO x 

### if the implementation plan 21 22 or plan submission contains an explicit NO x 

### motor vehicle emissions budget that is intended to act as a ceiling on future NO x 

### emissions, and the NO x 

### motor vehic le emissions budget is a net reduction from NO x 

### emissions levels in 23 2002. Prior to an adequate or approved NO x 

### motor vehicle emissions budget in the implementation plan submission 24 25 for the 8

- hour ozone NAAQS, the implementation plan for the 1

- hour ozone NAAQS will be considered to establish a motor vehicle emissions budget for NO x 

### if the implementation plan contains an explicit NO x 

### motor vehicle 26 emissions budget that is intendedto act as a ceiling on future NO x 

### emissions, and the NO x 

### motor vehicle emission s 27 28 budget is a net reduction from NO x 

### emissions levels in 1990. (4) Notwithstanding Paragraph (1) and Paragraph (2) of Subsection E of 20.11.3.109 NMAC, ozone 29 nonattainment areas with three years of clean data for the 8

- hour ozone NA AQS that have not submitted a 30 31 maintenance plan and that EPA has determined are not subj ect to the Clean Air Act reasonable further progress and attainment demonstration requirements for the 8

- hour ozone NAAQS shall satisfy one of the following 32 requirements : 33 (a) the budget test orinterim emissions tests as required by 20.11.3.118 NMAC and 34 35 20.11.3.119 NMAC and as described in Paragraph (2) of Subsection E of 20.11.3.109 NMAC; (b) t he budget test as required by 20.11.3.118 NMAC, using the adequate or approved motor 36 vehicle emissions budgets in the submitted or applicable control strategy implementation plan for the 8

- hour ozone 37 NAAQS subject to the timing requirements of Paragraph (1) of Subse ction E of 20.11.3.109 NMAC; or 38 39 (c) the budget test as required by 20.11.3.118 NMAC, using the motor vehicle emissions of ozone precursors in the most recent year of clean data as motor vehi cle emissions budgets, if such budgets are 40 established by the EPA rulemaking that determines that the area has clean data for the 8

- hour ozone NAAQS. 41 F. CO nonattainment and maintenance areas: In addition to the criteria listed in Table 1 in 42 Subsection B of 20.11.3.109 NMAC that are re quired to be satisfied at all times, in CO nonattainment and 43 maintenance area s conformity determinations shallinclude a demonstration that the hot

- spot, budget oremission 44 45 46 47 48 49 reduction tests are satisfied as described in the following: ] (1) FHWA/FTA projects in CO nonattainment or maintenance areas shall satisfy the hot-spot test required by Subsection A of 20.11.3.116 NMAC at all ti mes; until a CO attainment demonstration or maintenance plan is approved by EPA, FHWA/FTA projects shall also satisfy the hot-s pot test required by Subsection B of 20.11.3.116 NMAC; [ (2) i n CO nonattainment and mainte nance areas the budget test shallbe satisfied as required by 50 51 20.11.3.118 NMAC for conformity determinations made on or after: (a) the effective date of EPA’s finding that a mo tor vehicle emissions budget in a submitted 52 53 control strategy implementation plan revision or maintenance plan is adequate for transportation conformity purposes; 54 (b) t he publication date of EPA’s approval of such a budget in the federal register; or 55

20.11.3 NMAC Public Review Draft, 6/26/12 22

### (c) the effective date of EPA’s approval of such a budget in the federal register, if such 1 2 approval is completed through direct final rulemaking ; (3) except as provided in Paragraph (4) of SubsectionFof 20.11.3.109 NMAC, in CO nonattainment 3 4 areas the interim emissions tests shallbe satisfied as required by 20.11.3.119 NMAC for conformity determinations 5 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 implementation plan revision or 6 7 maintenance plan ; (4) CO nonattainment areas that have not submitted a maintenance plan and that are not required to 8 submit an attainment demonstration (e.g. moderate CO areas with a design value of 12.7 ppm or less or not 9 10 c lassified CO areas) shalls atisfy one of the following requirements: 11 (a) the interim emissions tests required by 20.11.3.119 NMAC; or (b) t he state shall submit to EPA an implementation plan revision that contains motor vehicle 12 13 emissions budget(s) and an attainment demonstration, and the budget test required by 20.11.3.118 NMAC shallbe satisfied using the adequate or approved motor vehicle emissions budget(s) (as described in Paragraph (2) of 14 Subsection Fof 20.11.3 .109 NMAC). 15 G. PM 10

### nonattainment and maintenance areas: In addition to the criteria listed in Table 1 in 16 Subsection B of 20.11.3.109 NMAC that are required to be satisfied at all times, in PM 10

### nonattainment and 17 maintenance area s conformity determinatio ns shallinclude a demonstration that the hot

- spot, budget or interim 18 19 emissions tests are satisfie d as described in the following: ] [(1) ] (2) FHWA/FTA projects in PM 10

### non-attainment or maintenance areas shall satisfy the 20 appropriate hot-spot test required by Subsection A of 20.11.3.116 NMAC. 21 [ (2) In PM 10

### nonattainment and mainten ance areas where a budget is submitted for the 24

- hour PM 10 

### NAAQS, 22 the budget test shall be satisfied as required by 20.11.3.118 NMACfor conformity determinations made 23 on or after: 24 25 (a) the effective date of EPA’s finding that a mo tor vehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan is adequate for transportation conformity 26 purposes; 27 28 (b) t he 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 t he federal register, if such 29 approval is completed through direct final rulemaking. 30 31 (3) Prior to Paragraph (2) of Subsection G of 20.11.3. 109 NMACapplying, the budget test must be

satisfied as required by 20.11.3. 118 NMAC using theapproved or adequate motor vehicle emissions budget 32 established for the revoked annual PM 10

### NAAQS, if such a budget exist s. 33 (4) In PM 10

### nonattainment areas the interim emissionstests shallbe satisfied as required by 34 35 20.11.3.119 NMAC for conformity determinations made: (a) i f there is no approved motor vehicle emissions budget from an applicable implementation 36 plan and no adequate motor vehicle emissions budget from a submitted control strategy implementation plan 37 revision or maintenance plan; or 38 39 (b) i f the submitted implementation plan revision is a demonstration of impracticability under CAA Section 189(a)(1)(B)(ii) and does not demonstrate attainment. 40 H

. NO 2

### non attainment and maintenance areas: In addition to the criteria listed in Table 1 in 41 42 Subsection B of 20.11.3.109 NMAC that are required to be satisfied at all times, in NO 2

### nonattainment and maintenance area s conformity determinations shallinclude a demons tration that the budget or interim emissions 43 tests are satisfie d as described in the following: 44 45 (1) In NO 2

### nonattainment and maintenance areas the budget test shallbe satisfied as required by 20.11.3.118 NMAC for conformity determi nations made on or after: 46 (a) the effective date of EPA’s finding that a mo tor vehicle emissions budget in a submitted 47 control strategy implementation plan revision or maintenance plan is adequate for transportation conformity 48 purposes; 49 (b) t he publication date of EPA’s approval of such a budget in the federal register; or 50 51 (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. 52 53 (2) In NO 2

### nonattainment areas the interim emissions tests shallbe satisfied as required by 20.11.3.119 NMAC for conformity determinations made when there is no approved motor vehicle emissions budget 54 from an applicable implementation plan and no adequatemotor vehicle emissions budget from a submitted control 55 56 strategy implementation plan revision or maintenance plan.

20.11.3 NMAC Public Review Draft, 6/26/12 23

### I. 1997 PM 2.5

### nonattainment and maintenance areas : Inaddition to the criteria listed in Table 1 1 2 of Subsection B of 20.11.3.109 NMAC that are required to be satisfied at all times, in PM 2.5 

### nonattainment and maintenance area s conformity determinations shallinclude a demonstration that the budget or interim emissions 3 4 tests are satisfied as described in the following: ] 5 6 [(1) ] (3) FHWA/FTA projects in [such 1997 ] PM 2.5 

### nonattainment or maintenance areas must satisfy the appropriate hot-spot test required by Subsection A of 20.11.3.116 NMAC; [ (2) i n such 1997 PM 2.5 

### nonattainment and maintenance areas the budget test shallbe satisfied as 7 required by 20.11.3.118 NMAC for conformity determinations made on or after: 8 (a) the effective date of EPA’s finding that a motor vehi cle emissions budget in a submitted 9 10 control strategy implementation plan revision or maintenance plan is adequate for transportation conformity 11 purposes; (b) t he publication date of EPA’ s approval of such a budget in the federal register; or 12 13 (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 ; 14 (3) in PM 2.5 

### nonattainment areas the interim emissions tests shallbe satisfied as required by 15 16 20.11.3.119 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 from a submitted control 17 strategy implementation plan revision or maintenance plan. 18 J. 2006 PM 2.5

### NAAQS nonattainment and main tenance areas without 1997 PM 2.5

### NAAQS 19 motor vehicle emissions budgetsfor any portion of the2006 PM 2.5

### NAAQS area : In addition to the criteria 20 listed in Table 1 in Subsection B of 20.11.3.109 NMACthat are required to be satisfied at all times, in such 2006 21 22 PM 2.5 

### nonattainment and maintenance areas conformity determinations must include a demon stration that the budget or interim emissions tests are satisfiedas described in the following: 23 (1) FHWA/FTA projects in such PM 2.5 

### nonattainment and maintenance areas shallsatisfy the 24 25 appropriate hot

- spot test required by S ubsection A of 20.11.3.116 NMAC

. (2) In such PM 2.5 

### nonattainment and maintenance areas the b udget test must be satisfied as required 26 by 20.11.3. 118 NMAC for conformity d eterminations made on or after: 27 28 ( a) the effective date of EPA’s finding that a motor vehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan for the 2006 PM 2.5 

### NAAQS is adequate for 29
tran sportation conformity purposes; 30 31 (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 32 approval is completed through direct final rulemaking. 33 (3) In such PM 2.5 

### nonattainment areas the interim emissions tests shallbe satisfied as required by 34 35 20.11.3. 119 NMACfor conformity determinations made if there is no approved motor vehicle emissions budget from an applicable implementation plan for the 2006 PM 2.5 

### NAAQS and no adequate motor vehicle emissions 36 budget from a submitted control strategy implementation plan revision or maintenance plan for the 2006 PM 2.5 

### NAAQS. 37 38 K. 2006 PM 2.5

### NAAQS nonattainment andmaintenance areas with motor vehicle emissions 39 budgets for the 1997 PM 2.5

### NAAQS that cover all or a portion of the 2006 PM 2.5

### nonattainment area. In 40 addition to the criteria listed in Table 1 in Subsection B of 20.11.3.109 NMAC that are required to be satisfied at all 41 42 times, in such 2006 PM 2.5 

### nonattainment and maintenance areas conformity determinations shallinclude a demonstration that the budget or interim emissions tests are satisfiedas described in the following: 43 (1) FHWA/FTA projects in such PM 2.5 

### nonattainment and maintenance areas must satisfy the 44 45 appropriate hot

- spot test required by Subsection A of 20.11.3. 116NMAC. (2) In such PM 2.5 

### nonattainment and maintenance areas the budget test shallbe satisfied as required 46 by 20.11.3. 118 NMAC for conformity d eterminations made on or after: 47 ( a) the effective date of EPA’s finding that a motor vehicle emissions budget in a submitted 48 control strategy implementation plan revis ion or maintenance plan for the 2006 PM 2.5 

### NAAQS is adequate for 49
tran sportation conformity purposes; 50 51 (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 52 53 approval is completed through direct final rulemaking. (3) Prior to P aragraph (2) of Subsection K of 20.11.3.109 NMACapplying, the follo win g test(s) must 54 be satisfied: 55

20.11.3 NMAC Public Review Draft, 6/26/12 24

### ( a) if the 2006 PM 2.5 

### nonattainment area covers the samegeographic area as the 1997 PM 2.5 

### nonattainment or maintenance area(s), the budget test as required by 1 20.11.3. 118 NMACusing the approv ed or 2 adequate motor vehicle emissions budgets in the 1997 PM 2.5 

### applicable implementation plan or implementation plan 3 4 submission; 5 (b ) if the 2006 PM 2.5 

### nonattainment area covers a smaller geographic area within the 1997 PM 2.5 

### nonattainment or maintenance area(s), the budget test as required by 20.11.3. 118 NMAC for either: 6 7 ( i ) the 2006 PM 2.5 

### nonattainment area using corresponding portion(s) of the approved or adequate motor vehicl e emissions budgets in the 1997 PM 2.5 

### applicable implementation plan or implementation plan 8 submission where such portion(s) can reasonably be identified through the interagency consultation process required 9 10 by 20.11.3.105 NMAC; or 11 ( ii ) the 1997 PM 2.5 

### nonattainment area using the approved or adequate motor vehicle emissions budgets in the 1997 PM 2.5 

### applicable implementation plan or implementation plan submission ; i f 12 13 additional emissions reductions are necessary to meet the budget test for the 2006 PM 2.5 

### NAAQS in such cases, these emissions reductions must come from within the 2006 PM 2.5 

### nonattainment area; 14 ( c ) if the 2006 PM 2.5 

### nonattainment area covers a larger geographic area and encompasses the 15 16 entire 1997 PM 2.5 

### nonattainment or maintenance area(s): ( i) the budget test as required by 20.11.3. 118 NMAC for the portion of the 2006 PM 2.5 

### nonattainment area covered by the approved or adequa 17 te motor vehicle emissions budgets in the 1997 PM 2.5 

### applicable implementation plan or implementation plan submission; and the interim emissions tests as required by 18 19 20.11.3. 119 NMACfor either: the portion of the 2006 PM 2.5 

### nonattainment area not covered by the approved or 20 adequate budgets in the 1997 PM 2.5 

### implementation plan, the entire 2006 PM 2.5 

### nonattainment area, or the entire 21 22 portion of the 2006 PM 2.5 

### nonattainment area within an individual state, in the case where separate 1997 PM 2.5 

### SIP budgets are established for each state of a multi

- state 1997 PM 2.5 

### nonattainment or maintenance area; or 23 ( ii ) the budget test as required by 20.11.3. 118 NMAC for the entire 2006 PM 2.5 

### nonattainment area using the approved 24 or adequate motor vehicle emissions budgets in the applicable 1997 PM 2.5 

### implementation plan or 25 implementation plan submission; 26 ( d ) if the 2006 PM 2.5 

### nonattainment area partially covers a 1997 PM 2.5 

### nonattainment or 27 28 maintenance area(s): ( i ) the budget test as required by 20.11.3. 118 NMAC for the portion of the 2006 PM 2.5 

### nonattainment area covered by the corresponding portion of the approved or adequate motor vehicle emissions 29 30 31 bud gets in the 1997 PM 2.5 

### applicable implementation plan or implementation plan submission where they can be reasonably identified through the interagency consultation process required by 20.11.3. 105 NMAC; and 32 ( ii ) the interim emissions tests as required by 20.11.3. 119 NMAC , when applicable, for 33 either: the portion of the 2006 PM 2.5 

### nonattainment area not covered by the approved or adequate budgets in the 34 1997 PM 2.5 

### implementation plan, the entire 2006 PM 2.5 

### nonattainment area, or the entire portion of the 2006 PM 2.5 

### nonattainment area within an individual state, in the case where separate 1997 PM 35

2.5 

### SIP budgets are established for 36 each state in a multi

- state 1997 PM 2.5 

### nonattainment or maintenance area. ] { FR Vol. 77, No. 50, pp. 14979-88, 3/14/12 re: 40 CFR 93.109.(d)} 37 38 [L. ] E. Areas with limited maintenance plans : Notwithstanding the other subsections of 20.11.3.109 NMAC, an area is not required to satisfy the regional emissions analysis for 20.11.3.118 NMAC or 20.11.3.119 NMAC for a given pollutant and NAAQS if the area has an adequate or approved limited maintenance plan for such pollutant and NAAQS. A 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 violation to occur. A conformity determination that meets other applicable criteria in Table 1 of Subsection B of 20.11.3.109 NMAC is still required, including the hot-spot requirements for projects in CO PM 10

### and PM 2.5 

### areas. { FR Vol. 77, No. 50, pp. 14979-88, 3/14/12 re: 40 CFR 93.109.(e)} 39 40 41 42 43 44 45 46 [M. ] FAreas with insignificant motor vehicle emissions : Notwithstanding the other subsections of 20.11.3.109 NMAC, an area is not required to satisfy a regional emissions analysis for 20.11.3.118 NMAC or 20.11.3.119 NMAC for a given pollutant/precursor and NAAQS, if EPA finds through the adequacy or approval process that a SIP demonstrates that regional motor vehi cle emissions are an insignificant contributor to the air quality problem for that pollutant/precursor and NAAQS. The SIP would have to demonstrate that it would be unreasonable to expect that such anarea would experience enough motor vehicle emissions growth in that pollutant/precursor for a NAAQS violation to 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 projections of the growth of motor vehicle emissions. A conformity determination that 47 48 49 50 51 52 53 54 55 56

20.11.3 NMAC Public Review Draft, 6/26/12 25

### 1 2 3 4 5 6 7 8 meets other applicable criteria in Table 1 in Subsection B of 20.11.3.109 NMAC is still required, including regional emissions analyses for 20.11.3.118 NMAC or 20.11.3.119 NMAC for other pollutants/precursors and NAAQS that apply. Hot-spot requirements for projects in CO, PM 10

### and PM 2.5 

### areas in 20.11.3.116 NMAC shall also be satisfied, unless EPA determines that the SIP also demonstrates that projects will not create new localized violations 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 determinations for that pollutant/precursor and NAAQS. { FR Vol. 77, No. 50, pp. 14979-88, 3/14/12 re: 40 CFR 93.109.(f)} [ N. ] G. Isolated rural non-attainment 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 paragraph does not apply to “donut” areas which are outside the metropolitan planning boundary and inside the nonattainment/mainten ance area boundary. 9 10 11 12 13 14 15 16 17 18 19 (1) FHWA/FTA projects in all isolated rural nonattainment and maintenance areas must satisfy the requirements of 20.11.3.110 NMAC, 20.11.3.111 NMAC, 20.11.3.112 NMAC, 20.11.3.116 NMAC, 20.11.3.117 NMAC and Subsection D of 20.11.3.113 NMAC. Until EPA approves the control strategy implementation plan or maintenance plan for a rural CO nonattainment or maintenance area, FHWA/FTA proj ects shall also satisfy the requirements of Subsection B of 20.11.3.116 NMAC. (2) Isolated rural nonattainment and maintenance areas are subject to the budget or interim emissions tests as described in [Subsections C through K ] Subsection Cof 20.11.3.109 NMAC, with the following modifications: 20 21 22 23 24 25 26 27 28 (a) Whenthe requirements of Subsection D of 20.11.3.106 NMAC, 20.11.3.116 NMAC, 20.11.3.118 NMAC and 20.11.3.119 NMAC apply to isolated rural nonattainment and maintenance areas, references to “transportation plan” or “TIP” shall be taken to mean those projects in the statewide transportation plan or statewide TIP that are in the rural nonattainment or maintenance area. When the requirements of Subsection D of 20.11.3.106 NMAC apply to isolated rural nonattainment and maintenance areas, references to “MPO” shall be taken to mean the state department of transportation. (b) In isol ated rural nonattainment and maintenance areas that are subject to 20.11.3.118 NMAC, FHWA/FTA projects shall be consistent with motor vehicle emissions budget(s) for the years in the time 29 frame of the attainment demonstration or maintenance plan. For years after the attainment year (if a maintenance plan has not been submitted) or after the last year of the maintenance plan, FHWA/FTA projects shall satisfy one of the following requirements: 30 31 32 33 34 35 36 37 (i) 20.11.3.118 NMAC; (ii) 20.11.3.119 NMAC (including regional emissions analysis for NO x

### in all ozone nonattainment and maintenance areas, notwithstanding Paragraph (2) of Subsection F of 20.11.3.119 NMAC); (iii) as demonstrated by the air quality dispersion model or other air quality modeling technique used in the attainment demonstration or maintenance plan, the FHWA/FTA project, in combination with all other regionally significant projects expected in the area in the time frame of the statewide transportation plan, shall 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 any area; control measures assumed in the analysis shall be enforceable. 38 39 40 41 (c) The choice of requirements in Subparagraph (b) of Paragraph (2) of Subsection [N ] Gof 20.11.3.109 NMAC and the methodology used to meet the requirements of Item (iii) of Subparagraph (b) of Paragraph (2) of Subsection [N 42 43 ] Gof 20.11.3.109 NMAC shall be determined through the interagency consultation process required in Subparagraph (h) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC through which the relevant recipients of Title 23 U.S.C. or Federal Transit Laws funds, the local air quality agency, the state air quality agency and the state DOT shall reach consensus about the option and methodology selected. EPA and DOT shall 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 Subsection E of 20.11.3.105 NMAC, which applies for any state air agency comments on a conformity determination. {FR Vol. 77, No. 50, pp. 14979-88, 3/14/12 re: 40 CFR 93.109(g)} 44 45 46 47 48 49 50 51 52 53 54 55 56 [20.11.3.109 NMAC - Rn & A, 20.11.3.206 NMAC, 11/15/10]

20.11.3.110 CRITERIA AND PROCEDURES: LATEST PLANNING ASSUMPTIONS : A. Except as provided in Subsection A of 20.11.3.110 NMAC, the conformity determination, with respect to all other applicable criteria in 20.11.3.111 NMAC through 20.11.3.119 NMAC, shall be based upon the

20.11.3 NMAC Public Review Draft, 6/26/12 26

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 most recent planning assumptions in forc e at the time the conformity analysis begins. The conformity determination shall satisfy the requirements of Subsections B through F of 20.11.3.110 NMAC using the planning assumptions available at the time the conformity analysis begins asdetermined through the interagency consultation process required in Subparagraph (a) of Paragraph (1) of Subsection D of 20.11.105 NMAC. The “time the conformity analysis begins” for a transportation plan or TIP determination is the point at which the MPO or other designated agency begins to model the impact of the proposed transportation plan or TIP on travel or emissions. New data that becomes available after an analysis be gins is required to be used in th e conformity determination only if a significant delay in the analysis has occurred, as determined through the interagency consultation procedures described in 20.11.3.105 NMAC. B. Assumptions shall be derived from the estimates of current and future population, employment, travel, and congestion most recently developed by the MPO or other agency authorized to make such estimates and approved by the MPO. These assumptions shall be presented to and discussed by the TCTC as part of the interagency consultation procedures described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC. The conformity determination shall also be based on the latest assumptions about current and future background concentrations. C. The conformity determination for each transportation plan and TIP shall discuss how transit operating policies (including fares and service levels) and assumed transit ridership have changed since the previous conformity determination. These assumptions shall be presented to and discussed by the TCTC as part of the interagency consultation procedures described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC. D. The conformity determination shall include reas onable assumptions about transit service and increases in transit fares and road and bridge tolls over time. These assumptions shall be presented to and discussed by the TCTC as part of the interagency consultation procedures described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC. E. The conformity determination shall use the latest existing information regarding the effectiveness of the TCMs and other implementation plan measures that have already been implemented. This information shall be made as part of the interagency consultation procedures described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC. F. Key assumptions shall be specified and included in the draft documents and supporting materials used for the interagency and public consultation required by 20.11.3.105 NMAC. [20.11.3.110 NMAC - Rn & A, 20.11.3.207 NMAC, 11/15/10]

20.11.3.111 CRITERIA AND PROCEDURES: LATEST EMISSIONS MODEL : A. The conformity determination shall be based on the latest emission estimation model available. This criterion is satisfied if the most current version of the motor vehicle emissions model specified by EPA for use in the preparation or revision of implementation plans for Bernalillo county is used for the conformity analysis. When options are allowed by EPA, the TCTC, as part of the interagency consultation described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC, shall be responsible for determining the most appropriate emission estimation model to be used. B. EPA shall consult with DOT to establish a grace period followin g the specification of any new model. (1) The grace period shall be no less than three months and no mo re than 24 months after notice of availability is published in the federal register. (2) The length of the grace period shall depend on the degree of change in the model and the scope of re-planning likely to be necessary by MP Os in order to assure conformity. If the grace period shall be longer than three months, EPA shall announce the appropri ate grace period in the federal register. C. Transportation plan and TIP conformity analyses for which the emissions analysis was begun during the grace period or before the federal register noti ce of availability of the latest emission model may continue to use the previous version of the model. Conformity determinations for projects may also be based on the previous model if the analyses were begun during the grace period or before the federal register notice of availability, and if the final environmental document for the project is issued no more than three years after the issuance of the draft environmental document. [20.11.3.111 NMAC - Rn & A, 20.11.3.208 NMAC, 11/15/10]

20.11.3.112 CRITERIA AND PROCEDURES: CONSULTATION : Conformity shall be determined according to the consultation procedures in 20.11.3 NMAC and in the applicable implementation plan, and according to the public involvement procedures established in complian ce with 23 CFR Part 450. Until the

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### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 implementation plan revision required by 40 CFR 51.390 is fully approved by EPA, the conformity determination shall be made according to Subsection A and Subsection F of 20.11.3.105 NMAC and th e requirements of 23 CFR Part 450. [20.11.3.112 NMAC - Rn & A, 20.11.3.209 NMAC, 11/15/10]

20.11.3.113 CRITERIA AND PROCEDURES: TIMELY IMPLEMENTATIONS OF TCMS : A. The transportation plan, TIP or any FHWA/FTA project, which is not from a conforming plan and TIP, shall provide for the timely implementation of TCMs from the applicable implementation plan. B. For transportation plans, this criterion is satisfied if the following two conditions are met. (1) The transportation plan, indescribing the envisioned future transportation system, provides for th e timely completion or implementation of all TCMs in the applicable implementation plan, which are eligible for funding under Title 23 U.S.C. or the Federal Transit Laws , consistent with schedules included in the applicable implementation plan. (2) Nothing in the transportation plan interferes with the implementation of any TCM in the applicable implementation plan. C. For TIPs, this criterion is satisfie d 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 of the schedule established in the applicable implementation plan or, if such TCMs are behind the schedule established in the applicable implementation plan, the MPO and DOT have determined that past obstacles to implementation of the TCMs have been identified and have been or are being overcome, and that all and local agencies with influence over approvals or funding for TCMs are giving maximum priority to approval or funding of TCMs over other projects within their control, including projects in locations outside the nonattainment or maintenance area. (2) If TCMs in the applic able implementation plan have previously been programmed for federal funding but the funds have not been obligated and the TCMs are behind the schedule in the implementation plan, then the TIP cannot be found to conform if the funds intended for those TCMs are reallocated to projects in the TIP other than TCMs, or if there are no other TCMs in the TIP, if the funds are reallocated to projects in the TIP other than projects which are eligible for federal funding intended for air quality improvement projects, e.g., the congestion mitigation and air quality improvement program. (3) Nothing in the TIP may interfere with the implementation of any TCM in the applicable implementation plan. D. For FHWA/FTA projects that are not from a conforming transportation plan and TIP, this criterion is satisfied if the project does not interfere with the implementation of any TCM in the applicable implementation plan. [20.11.3.113 NMAC - Rn, 20.11.3.210 NMAC, 11/15/10]

20.11.3.114 CRITERIA AND PROCEDURES: CURRENTLY CONFORMING TRANSPORTATION PLAN AND TIP : There shall be a currently conforming transportation plan and currently conforming TIP at the time of project approval, or a project must meet the requirements in Subsection F of 20.11.3.104 NMAC during the 12-month lapse grace period. A. 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 current plan or TIP is found to conform by DOT. The conformity determination on a transportation plan or TIP shall also lapse if conformity is not determined according to the frequency requirement s specified in 20 .11.3.104 NMAC. B. This criterion is not required to be satisfied at the time of project approval for a TCM specifically included in the applicable implementation plan, provided that all other relevant criteria of 20.11.3 NMAC are satisfied. [20.11.3.114 NMAC - Rn & A, 20.11.3.211 NMAC, 11/15/10]

20.11.3.115 CRITERIA AND PROCEDURES: PROJECTS FROM A TRANSPORTATION PLAN AND TIP : A. The project shall come from a conforming plan and program: If this criterion is not satisfied, the project must satisfy all criteria in Table 1 of Subs ection B of 20.11.3.109 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 20.11.3.115 NMAC and from a conforming program if it meets the

20.11.3 NMAC Public Review Draft, 6/26/12 28

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 requirements of Subsection C of 20.11. 3.115 NMAC. Special provisions for TCMs in an applicable implementation plan are provided in Subsection D of 20.11.3.115 NMAC. B. A project is considered to be from a conformi ng transportation plan if one of the following conditions applies: (1) for projects that are required to be identified in the transportation plan in order to satisfy 20.11.3.106 NMAC (content of transportation plans), 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 significantly impact use of the facility; or (2) for projects that 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 po licies and purpose of the transportation plan and shall not interfere with other projects specifically included in the transportation plan. C. A project is considered to be from a conforming program if the follo wing 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 determin ation to determine its contribution to the TIP’s regional emissions, and the project design concept and scope have not changed significantly from those that 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 shall be obtained from the project sponsor or operator as required by Subsection A of 20.11.3.125 NMAC in order for the project to be considered 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 Subsections A, B and C of 20.11.3.115 NMAC, a project shall meet the requirements of Subsection F of 20.11.3. 104 during the 12-month lapse grace period. [20.11.3.115 NMAC - Rn & A, 20.11.3.212 NMAC, 11/15/10]

20.11.3.116 CRITERIA AND PROCEDURES: LOCALIZED CO, PM 10

### AND PM 2.5

### VIOLATIONS (hot-spots): A. Subsection A of 20.11.3.116 NMAC applies at all times.The FHWA/FTA project shall not cause or contribute to any new localized CO, PM 10

### or PM 2.5 

### violations or increase the frequency or severity of any existing CO, PM 10

### or PM 2.5 

### violations, or delay timely attainment of any NAAQS or any required interim emission reductions or other milestones in CO, PM 10

### and PM 2.5 

### nonattainment and maintenance areas. This criterion is satisfied without a hot-spot analysis in PM 10

### and PM 2.5 

### nonattainment and maintenance areas for FHWA/FTA projects that are not identified in Paragraph (1) of Subsectio n B of 20.11.3.123 NMAC. This criterion is satisfied for all other FHWA/FTA projects in CO, PM 10

### and PM 2.5 

### nonattainment and maintenance areas if it is demonstrated that during the time frame of the transportation plan 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, and the project has been included in a regional emissions analysis that meets applicable 20.11.3.118 NMAC or 20.11.3.119 NMAC requirements. The demonstration shall be performed according to the consultation requirements of Paragraph (1) of Subsection D of 20.11.3.105 NMAC and the methodology requirements of 20.11.3.123 NMAC. B. Subsection B of 20.11.3.116 NMAC applies for CO nonattainment areas as described in Paragraph (1) of Subsection [F ]Dof 20.11.3.109 NMAC. Each FHWA/FTA project sh all eliminate or reduce the severity and number of localized CO violations in th e 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 frame of the transportation plan (or regional emissions analysis) existing localized CO violations shall be eliminated or reduced in severity and number as a result of the project. The demonstration shall be performed according to the consultation requirements of Subparagraph (a) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC and the methodology requirements of 20.11.3.123 NMAC. 43 44 45 46 47 48 49 50 51 52 53 54 55 [20.11.3.116 NMAC - Rn & A, 20.11.3.213 NMAC, 11/15/10]

20.11.3.117 CRITERIA AND PROCEDURES: COMPLIANCE WITH PM 10

### and PM 2.5

### CONTROL MEASURES : The FHWA/FTA project shall comply with any PM 10

### and PM 2.5 

### control measures in the applicable implementation plan. This criterion is satisfied if the project-level conformity determination contains a written commitment from the project sp onsor to include in the final plans, specifi cations and estimates for the project those

20.11.3 NMAC Public Review Draft, 6/26/12 29

### control measures (for the purpose of limiting PM 10

### and PM 2.5 

### emissions from the construction activities or normal use and operation associated with th e project) that are contained in the applicable implementation plan. 1 2 3 4 5 6 7 [20.11.3.117 NMAC - Rn, 20.11.3.214 NMAC, 11/15/10]

20.11.3.118 CRITERIA AND PROCEDURES: MOTOR VEHICLE EMISSIONS BUDGET: A. The transportation plan, TIP and project not from a conforming transportation plan and TIP shall be consistent with the motor vehicle emissions budget(s) in the applicable implementation plan (or implementation plan submission). This criterion applies as described in Subsections C through [N ] Gof 20.11.3.109 NMAC. This criterion is satisfied if it is demonstrated that emissionsof the pollutants or pollutant precursors described in Subsection C of 20.11.3.118 NMAC are less than or equal to the motor vehicle emissions budget(s) established in the applicable implementation plan or implementation plan submission. 8 9 10 11 12 B. Consistency with the motor vehicle emissions budget(s) shall be demonstrated for each year for which the applicable (or submitted) implementation plan specifically establishes a motor vehicle emissions budget(s), [for the attainment year (if it is within the timeframe of the transportation plan 13 and conformity 14 determination ), for the last year of the timeframe of the conformity determination (a s described under Subsection D 15 16 of 20.11.3.106NMAC), and for any intermediate years within the timeframe of the conformity determination as necessary so that the years for which consistency is demonstrated are no more than 10 years apart, ] and for each year 17 for which a regional emissions analysis is performed to fulfill the requirements in Subsection D of 20.11.3.118 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 NMAC, as follows: {FR Vol. 77, No. 50, pp. 14979-88, 3/14/12 re: 40 CFR 93.118(a) & (b)} (1) Until a maintenance plan is submitted: (a) emissions in each year (such as milestone years and the attainment year) for which the control strategy implementation plan revision establishes motor vehicle emissions budget(s) shall be less than or equal to that years motor vehicle emissions budget(s); and (b) emissions in years for which no motor vehicle emissions budget(s) are specifically established shall be less than or equal to the motor vehicle emissions budget(s) established for the most recent prior year; for example, emissions in years af ter the attainment year for which the implementation plan does not establish a budget shall 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 shall 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 emissions budgets for any years other than the last year of the maintenance plan, the demonstration of consistency with the motor vehicle emission budget(s) shall 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 maintenance plan; the interagency consultation process required by 20.11.3.105 NMAC shall determine what shall be considered in order to make such a finding; (b) for years af ter the last year of the maintenance plan, emissions shall be less than or equal to the maintenance plan’s motor vehicle emissions budget(s) for the last year of the maintenance plan; (c) if an approved or submitted control strategy implementation plan has established motor vehicle emissions budgets for years in the time frame of the transportation plan, emissions in these years shall be less than or equal to the control strategy implementation plan’s motor vehicle emissions budget(s) for these years; and (d) for any analysis years before the last year of the maintenance plan, emissions shall be l ess than or equal to the motor vehicle emissions budg et(s) established for the most recent prior year. C. Consistency with the motor vehicle emissions bu dget(s) shall be demonstrated for each pollutant or pollutant precursor in Subsection B of 20.11.3.2 NMAC for which the area is in nonattainment 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) shall be demonstrated by including emissions from the entire transportation system, including all regionally significant projects contained in the transportation plan and all other regionally significant highway and transit projects expected in the nonattainment or maintenance area in the time frame of the transportation plan. (1) Consistency with the motor vehicle emissions budget(s) shall be demonstrated with a regional emissions analysis that meets the requirements of 20.11.3.122 NMAC and Subparagraph (a) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC.

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### (2) The regional emissionsanalysis may be performed for any years in the time frame of the conformity determination (as described under Subsection D of 20.11.3.106 NMAC) provided they are not more than 1 2 10 years apart and provided the analysis is performed for the attainment year (if it is in the time frame of the 3 transportation plan and conformity determination) and the last year of the time frame of the conformity determination. Emissions in years for which consis tency with motor vehicle emissions budgets shall be demonstrated, as required in Subsection B of 20.11.3.118 NMAC, may be determined by interpolating between the years for which the regional emissions analysis is performed. 4 5 6 7 (3) When the time frame of the conformity determination is shortened under Paragraph (2) of Subsection D of 20.11.3.106 NMAC, the conformity determination shall be accompanied by a regional emissions analysis (for informational purposes only) for the last year of the transportation plan, and for any year shown to exceed motor vehicle emissions budgets ina prior regional emissions analysis (if such a year extends beyond the 8 9 10 11 time frame of the conformity determination). 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 E. Motor vehicle emissions budgets in submitted control strategy implementation plan revisions and submitted maintenance plans: (1) Consistency withthe motor vehicle emissions budgets in submitted control strategy implementation plan revisions or maintenance plans shall be demonstrated if EPA has declared the motor vehicle emissions budget(s) adequate for transportation conformity purposes and the adequacy finding is effective. However, motor vehicle emission budgets 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 EPA specifies otherwise in its approval of a SIP. (2) If 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 20.11.3.118 NMAC. Consistency with the previously es tablished motor vehicle emissions budget(s) shall be demonstrated. If there are no previously approved implementation plans or implementation plan submissions with adequate motor vehicle emissions budgets, the interim emission tests required by 20.11.3.119 NMAC shall be satisfied. (3) If EPA declares an implementation plan submission’s motor vehicle emissions budget(s) inadequate for transportation conformity purposes after EPA had previously found the budget(s) adequate, and conformity of a transportation plan or TIP has already been determined by DOT using the budget(s), the conformity determination shall remain valid. Projects included in that transportation plan or TIP could still satisfy 20.11.3.114 NMAC and 20.11.3.115 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) EPA shall 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 implementation plan revision or maintenance plan was endorsed by the governor (or his designee) an d was subject to a state public hearing; (b) before the control strategy implementation plan or maintenance plan was submitted to EPA, consultation among federal, state and local agencies occurred; full implementation plan documentation was provided to EPA; and EPA’s stated concerns, if any, were addressed; (c) the motor vehicle emissions budget(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 requirements for reasonable further progress, attainment or maintenance (whichever is relevant to the given implementation plan submission); (e) the motor vehicle emissions budget(s) is consistent with and clearly related to the emissions inventory and the control measures in the submitted 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 20.11.3.7 NMAC for definition); and reasons for the changes (including the ba sis for any changes related to emission factors or estimates of vehicle miles traveled). (5) Before determining the adequacy of a submitted motor vehicle emissions budget, EPA shall review the state’s compilation of public comments and respon se to comments that are required to be submitted with

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### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 any implementation plan. EPA shall document its consideration of such comments and responses in a letter to the state indicating the adequacy of the submitted motor vehicle emissions budget. (6) When the motor vehicle emissions budget(s) used to satisfy the requirements of 20.11.3.118 NMAC are established by an implementation plan submittal that has not yet been approved or disapproved by EPA, the MPO and DOT’s conformity determinations shall be deemed to be a statement that the MPO and DOT are not aware of any information that would in dicate that emissions consistent withthe motor vehicle emissions budget shall 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 fo r implementation plan submissions: EPA will use the procedure listed in Paragraph (1) or Paragraph (2) of Subsection F of 20.11.3.118 NMAC to review the adequacy of an implementation plan submission: (1) When EPA reviews the adequacy of an implementation plan submission prior to EPA’s final action on the implementation plan, (a) EPA will notify the public through EPA’s website when EPA receives an implementation 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 accessibl e electronically through the internet and a copy is requested within 15 days of the date of the website notice, the comment period will be extended for 30 days from the date that a copy of the implementation plan is mailed; (c) after the public comment period closes, EPA will inform the state in writing whether EPA has found the submission adequate or inadequate for use in transportation conformity, including response to any comments submitted directly and review of comments submitted through the state process, or 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 20.11.3.118 NMAC; (d) EPA will pub lish a federal register notice to inform the public of EPA’s finding; if EPA finds the submission adequate, the effectiv e date of this finding will be 15 days from the date the notice is published as established in the federal register notice, unless EPA is taking a final approval action on the SIP as described in Subparagraph (c) of Paragraph (2) of Subsection F of 20.11.3.118 NMAC; (e) EPA will announce whether the implementation plan submission is adequate or inadequate for use in transportation conformity on EPA’s website; the website will also include EPA’s response to comments if any comments were received during the public comment period; (f) if after EPA has found a submission adequate, EPA has cause to reconsider this finding, EPA will repeat actions described in Subparagraphs (a) through (e) of Paragraph (1) or Paragraph (2) of Subsection F of 20.11.3.118 NMAC unless EPA determines that there is no need for additional public comment given the deficiencies of the implementation plan submission; in all cases where EPA reverses its previous finding to a finding of inadequacy under Paragraph (1) of Subsection F of 20.11.3.118 NMAC, such a finding will become effective immediately upon the date of EPA’s letter to the state; (g) if after EPA has found a submission inadequate, EPA has cause to reconsider the adequacy of that budget, EPA will repeat actions described in Subparagraphs (a) through (e) of Paragraph (1) or Paragraph (2) of Subsection F of 20.11.3.118 NMAC. (2) When EPA reviews the adequacy of an implementation plan submission simultaneously with EPA’s approval or disapproval of the implementation plan, (a) EPA’s federal register notice of proposed or direct final rulemaking will serve to notifythe public that EPA will be reviewing the implementation plan submission for adequacy; (b) the publication of the notice of proposed rulemaking will start a public comment period o f at least 30 days; (c) EPA will i ndicate whether the implementation plan submission is adequate and thus can be used for conformity either in EPA’s final rulemaking or through the process described in Subparagraphs (c) through (e) of Paragraphs (1) of Subsection F of 20.11.3.118 NMAC; if EPA makes an adequacy finding through a final rulemaking that approves the implementation plan submission, such a finding will become effective upon the publication date of EPA’s approval in the federal register , or upon the effective date of EPA’s approval if such action is conducted through direct final rulemaking; EPA will respond to comments received directly and review comments submitted through the state process and include the response to co mments in the applicable docket. [20.11.3.118 NMAC - Rn & A, 20.11.3.215 NMAC, 11/15/10]

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### 20.11.3.119 CRITERIA AND PROCEDURES: INTERIM EMISSIONS IN AREAS WITHOUT MOTOR VEHICLE EMISSIONS BUDGETS: 1 2 3 A. The transportation plan, TIP and project not from a conforming transportation plan and TIP shall satisfy the interim emissions test(s) as described in Subsections C through [N ] Gof 20.11.3.109 NMAC. This criterion applies to the net effect of the action (transportation plan, TIP or project not from a conforming transportation plan and TIP) on motor vehicle emissions from the entire transportation system. {FR Vol. 77, No. 50, pp. 14979-88, 3/14/12 re: 40 CFR 93.119(a) 4 5 6 7 B. Ozone areas: The requirements of Subsection B of 20.11.3.119 NMAC apply to all [1

- hour 8 ozone and 8

- hour ozone ] NAAQS areas, except for certain requirements as indicated. This criterion may be met: 9 10 11 12 13 14 15 (1) in moderate and abov e ozone nonattainment areas that are subject to the reasonable further progress requirements of CAA Section 182(b)(1) if a region al emissions analysis that satisfies the requirements of 20.11.3.122 NMAC and Subsec tions G through J of 20.11. 3.119 NMAC demonstrates th at for each analysis year and for each of the pollutants described in Subsection F of 20.11.3.119 NMAC: (a) the emissi ons predicted in the “action” scenario are less than the emissions predicted inthe “baseline” scenario, and this can be reas onably expected to be true in the periods between the analysis years; and (b) the emissions predicted in the “action” scenario are lower than emissions in the baseline 16 year for that NAAQS as described in Subsection E of 20.11.3.119 NMAC by any nonzero amount [: 17 (i) 1990 emission s by any nonzero amount, in areas for the 1

- hour ozone NAAQS as 18 19 described in Subsection C of 20.11.3.109 NMAC; or (ii) 2002 emissions by any nonzero amount, in areas for the 8

- hour ozone NAAQS as 20 described in Sub section D and S ubsection E of 20.11.3.109 NMAC ] ; 21 22 23 24 25 26 27 28 29 (2) in marginal and belo w ozone nonattainment areas and other ozone nonattainment areas that are not subject to the reasonable further progress requirements of CAA Section 182(b)(1) if a regional emissions analysis that satisfies the requirements of 20.11.3.122 NMAC and Subsections G through J of 20.11.3.119 NMAC demonstrates that for each analysis year and for each of the pollutants described in Subsection F of 20.11.3.119 NMAC: (a) the emissi ons predicted in the “action” scenario are not greater than the emissions predi cted in the “baseline” scenario, and this can bereasonably expected to be true in the periods between the analysis years;

or (b) the emissions predicted in the “action” scenario are not greater than emissions in the 30 31 baseline year for that NAAQS as described in S ubsection E of 20.11.3.119 NMAC by any nonzero amount[: (i) 1990 emissions, in areas for the 1

- hour ozone NAAQS as described in Subs ection C 32 of 20.11.3.109 NMAC; or 33 (ii) 2002 emissions, in areas for the 8

- hour ozone NAAQS as described in Subsection D 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 and Subse ction E of 20.11.3.109 NMAC ]

. {FR Vol. 77, No. 50, pp. 14979-88, 3/14/12 re: 40 CFR 93.119(b)} C. CO areas: This criterion may be met: (1) in moderate areas withdesign value greater than 12.7 ppm and serious CO nonattainment areas that are subject to CAA Section 187(a) (7) if a regional emissions analysisthat satisfies the requirements of 20.11.3.122 NMAC and Subsec tions G through J of 20.11. 3.119 NMAC demonstrates th at for each analysis year and for each of the pollutants described in Subsection F of 20.11.3.119 NMAC: (a) the emissi ons predicted in the “action” scenario are less than the emissions predicted inthe “baseline” scenario, and this can be reas onably expected to be true in the periods between the analysis years; and (b) the emissi ons predicted in the “action” scenario are lower than 1990 emissions by any nonzero amount; (2) in moderate areas with design value less than 12.7 ppm and no t classified CO nonattainment areas if a regional emissions analysis that satisfies the requirements of 20.11.3.122 NMAC and Subsections G through J of 20.11.3.119 NMAC demons trates that for each analysis year and for each of the pollutants described in Subsection F of 20.11.3.119 NMAC: (a) the emissi ons predicted in the “action” scenario are not greater than the emissions predi cted in the “baseline” scenario, and this can bereasonably 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. {FR Vol. 77, No. 50, pp. 14979-88, 3/14/12 re: 40 CFR 93.119(c)} 52 53 D. PM 2.5 

### , PM 10

### and NO 2

### areas : This criterion may be met in PM 2.5 

### , PM 10

### and NO 2

### nonattainment areas if a regional emissions analysis that satisfies the requirements of 20.11.3.122 NMAC and Subsections G 54 55

20.11.3 NMAC Public Review Draft, 6/26/12 33

### 1 2 3 4 through J of 20.11.3.119 NMACdemonstrates that for each analysis year and for each of the pollutants described in Subsection F of 20.11.3.119 NMAC, one of the following requirements is met: (1) the emissions predicted inthe “action” scenario are not greater than the emissions predicted in th e “baseline” scenario, and this can be reas onably expected to be true in the periods between the analysis years; or (2) the emissi ons predicted in the “action” sc enario are not greater than [baseline ] emissions in the 5 baseline year for that NAAQS as described in S ubsection E of 20.11.3.119 NMAC by any nonzero amount ; baseline emissions are those estimated to have occurred during calendar year 1990, unless the conformity implementation plan revision required by 40 CFR 51.390 defines the baseline emissions for a PM 10

### 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 implementation plan. { FR Vol. 77, No. 50, pp. 14979-88, 3/14/12 re: 40 CFR 93.119(d)} 6 7 8 9 10 E. [PM 2.5

### areas ] Baseline year for various NAAQS : [This criterion may be met in PM 2.5 

### nonattainment areas if a regional emissions an alysis that satisfies the requirements of 11 20.11.3.122NMAC and 12 13 Subsections G through J of 20.11.3.119 NMAC demonstrates that for each analysis year and for each of the pollutants described in Subsection F of 20.11.3.119 NMAC, one of the following requirements is met] The baseline 14 year is defined as follows : 15 16 (1) [th e emissions predicted in the “action ” scenarioare not greater than t he emissions predicted in the “baseline” scenario , and this can be reasonably expected to be true in the periodsbetween the analysis years; or] 17 1990, in areas designated nonattainment for the 1990 CO NAAQS or the 1990 NO 2

### NAAQS. 18 (2) [the emissions predi cted in the “action” scenario are not greater than : ] 1990, in areas designated nonattainment for the 1990 PM 19

10

### NAAQS, unless the conformity implementation plan revision required by 40 CFR 20 51.390 defines the baseline emissions for a PM 10

### area to be those occurring in a different calendar year for which a 21 22 baseline emissions inventory was developed for the purpose of developing a control strategy implementation plan. (3) [(a) ] 2002 [emissions ] , in areas designated nonattainment for the 1997 ozone NAAQS or 1997 PM 2.5 

### NAAQS .[; or 23 ] 24 (4) [(b) emissions in ] the most recent year for which EPA’s Air Emissions Reporting [Requirements 25 ] Rule(40 CFR Part 51, Subpart A) requires submission of on-road mobile source emissions inventories, as of the effective date of [nonattainment 26 ] designations [for any PM 2.5 

### NAAQS other than the 1997 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 PM 2.5 

### NAAQS ] in areas designated nonattainment for a NAAQS that is promulgated after 1997 . {FR Vol. 77, No. 50, pp. 14979-88, 3/14/12 re: 40 CFR 93.119(e)} F. Pollutants: The regional emissions analysis shall be performed for the following pollutants: (1) VOC in ozone areas; (2) NO x

### in ozone areas, unless the EPA administrator determines that additional reductions of NO x 

### would not contribute to attainment; (3) CO in CO areas; (4) PM 10

### in PM 10

### areas; (5) VOC and NO x

### in PM 10

### areas if the EPA regional administrator or the director of the air agency has made a finding that one or both of such precursor emissions from within the area are a significant contributor to the PM 10

### nonattainment problem and has so notified the MPO and DOT; (6) NO x

### in NO 2

### areas; (7) PM 2.5 

### in PM 2.5 

### areas; (8) re-entrained road dust in PM 2.5 

### areas only if the EPA regional admi nistrator or the director of the air agency has made a finding that emissions from re-entrained road dust within the area are a significant contributor to the PM 2.5 

### nonattainment problem and has so notified the MPO and DOT; (9) NO x

### in PM 2.5 

### areas, unless the EPA regional administrator and the director of the state air agency have made a finding that emissions of NO x

### from within the area are not a significant contributor to the PM 2.5 

### nonattainment problem and has so notified the MPO and DOT; and (10) VOC, SO 2 

### and ammonia in PM 2.5 

### areas if the EPA regional administrator or the director of the state air agency has made a finding th at any of such precursor emissions from within the area are a significant contributor to the PM 2.5 

### nonattainment problem and has so notified the MPO and DOT. G. Analysis Years: (1) The regional emissions analysis shall be performed for analysis years that are no more than 10 years apart. The first analysis year shall be no more than five years beyond the year in which the conformity determination is being made. The last year of the time frame of the conformity determination (as described under Subsection D of 20.11.3.106 NMAC) shall also be an analysis year. 53 54 55 (2) For areas using Subparagraph (a) of Paragraph (2) of Subsection B, Subparagraph (a) of Paragraph (2) of Subsection C, and Paragraph (1) of Subsection D [and Paragraph (1) of Subsection E ] of 56

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### 1 2 3 4 5 6 7 20.11.3.119 NMAC, a regional emissions analysis that satisfies the requirements of 20.11.3.122 NMAC and Subsections G through J of 20.11.3.119 NMAC 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 20.11.3.119 NMAC can be satisfied by documenting that the transportation projects and planning assumptions in both scenarios are exactly the same, and consequently, the emissions predicted in the “action” scenario are not greater than the emissions predicted in the “baseline” scenario for such analysis years. {FR Vol. 77, No. 50, pp. 14979-88, 3/14/12 re: 40 CFR 93.119(g)(2)} 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 (3) When the time frame of the conformity determination is shortened under Paragraph (2) of Subsection D of 20.11.3.106 NMAC, the conformity determination must be accompanied by a regional emissions analysis (for informational purposes only) for the last year of the transportation plan. H. “Baseline” scenario: The regional emissions analysis required by Subsections B through E of 20.11.3.119 NMAC shall estimate the emissions that would resu lt from the “baseline” scenario in each analysis year. The “baseline” scenario shall be defined for each of the analysis years. The “baseline” scenario is the future transportation system that shall result from current programs; including the following (except that exempt projects list in 20.11.3.126 NMAC and projects exempt from regional emissions analysis as listed in 20.11.3.127 NMAC need not be explicitly considered): (1) all in-place region ally significant highway and transit facilities, services and activities; (2) all ongoing travel demand management or transportation system management activities; and (3) completion of all region ally significant projects, 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 or TIP; or have completed the NEPA process. I. “Action” scenario: The regional emissions analysis required by Subsections B through E of 20.11.3.119 NMAC shall estimate the emissions that would result from the “actio n” scenario in each analysis year. The “action” scenario shall be defined for each of the analysis years. The “action” s cenario is the transportation system that would result from the implementation of the proposed action (MTP, TIP or project not from a conforming transportation plan and TIP) and all other expected regionally significant projects in the nonattainment area. The “action” scenario shall include the following (except that exempt projects listed in 20.11.3.126 NMAC and projects exempt from regional emissions analysis as listed in 20.11.3.127 NMAC need not be explicitly considered): (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 shall be operational or in effect in the analysis year, except that regulatory TCMs may not be as sumed to begin at a future time unless the regulation is already adopted by the enforcing jurisdiction or the TC M 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 implementation plan or utilizing any federal funding or approval, which have been fully adopted or funded by the enforcing jurisdiction or sponsoring agency since the last conformity determination; (4) the incremental effect s 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 funding or approval, which were adopted or funded prior to the date of the last conformity determination, but which have been modified since then to be more stringent or effective; (5) completion of all expected regionally significant highway and transit projects which are not from a conforming transportation plan and TIP; and (6) completion of all exp ected regionally signif icant non-FHWA/FTA high way and transit projects that have clear funding sources and commitments leading toward their implementation and completion by the analysis year. J. Projects not from a conforming transportation plan and TIP: For the regional emissions analysis required by Subsections B through E of 20.11.3.119 NMAC, 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 shall include the project with its original design concept and scope, and the “action” scenario shall include the project with its new design concept and scope. [20.11.3.119 NMAC - Rn & A, 20.11.3.216 NMAC, 11/15/10]

20.11.3.120 CONSEQUENCES OF CONTROL STRATEGY IMPLEMENTATION PLAN FAILURES:

20.11.3 NMAC Public Review Draft, 6/26/12 35

### A. Disapprovals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (1) If EPA disapproves any submitted control strategy implementation plan revision (with or without a protective finding), the conformity 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 nonattainment area under Section 179(b)(1) 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) If EPA disapproves a submitted control strategy implementation plan revision without making a protective finding, only projects in the first four years of the currently conforming transportation plan and TIP or that meet the requirements of Subsection F of 20.11.3.104 NMAC 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 or project not in the first four y ears of the currently conforming transportation plan and TIP or that meets the requirements of Subsection F of 20.11.3.104 NMAC duri ng the 12-month lapse grace period may be found to conform until another control strategy implementation plan revision fulfilling the same CAA requirements is submitted, EPA finds its motor vehicle emissions budget(s) adequate pursuant to 20.11.3.118 NMAC or approves the submission, and conformity to the implementation plan revision is determined. (3) In disapproving a control strategy implementation plan revision, EPA would give a protective finding where a submitted plan contains adopted contro l measures or written commitments 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 EPA notifie s the state, MPO and DOT of the state’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 conformity 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)(1) of the CAA, unless the failure has been remedied and acknowledged by a letter from the EPA regional administrator. C. Federal implementation plans: If EPA promulgates a federal implementation plan that contains motor vehicle emissions budget(s) as a result of a state failure, the conformity lapse imposed by 20.11.3.120 NMAC because of that failure is removed. [20.11.3.120 NMAC - Rn & A, 20.11.3.217 NMAC, 11/15/10]

20.11.3.121 REQUIREMENTS FOR ADOPTION OR APPROVAL OF PROJECTS BY OTHER RECIPIENTS OF FUNDS DESIGNATED UNDER TITLE 23 U.S.C. OR THE FEDERAL TRANSIT LAWS. A. Except as provided in Subsection B of 20.11.3.121 NMAC, no recipient of federal funds designated under 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 th e recipient finds that the requirements of one of the following are met: (1) the project comes from the currently conforming transportation plan and TIP (or meets the requirements of Subsection F of 20.11.3.104 NMAC during the 12-month lapse grace period), and the project’s design concept and scope have not changed significantly from those which were included in the regional emissions analysis for that transportation plan and TIP; (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 F of 20.11.3.104 NMAC during the 12-month lapse grace period), even if the project is not strictly included in the transportation plan or TIP for the purpose of MPO project selection or endorsement, and the project’s design concept and scope have not changed significantly from those which were included in the regional emissions analysis; or (3) a new regional emissions analysis including the project and the currently conforming transportation plan and TIP demonstrates that the transportation plan and TIP would still conform if the project were implemented (consistent with the requirements of 20.11.3.118 NMAC or 20.11.3.119 NMAC for a project not from a conforming transportation plan and TIP). B. In isolated rural nonattainment and maintenance areas subject to Subsection [N ] Gof 20.11.3.109 NMAC, no recipient of federal funds designated under Title23 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: 51 52 53 54

20.11.3 NMAC Public Review Draft, 6/26/12 36

### 1 2 3 4 5 6 7 8 9 10 (1) the project was included in the regional emissions analysis supporting the most recent conformity determination that reflects the portio n of the statewide transportation planand statewide TIP which are in the nonattainment or maintenance area, and the project’s design concept and scope have not changed significantly; or (2) a new regional emissions analysis including the project and all other regionally significant projects expected in the nonattainment or maintenance area demonstrates th at 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 20.11.3.118 NMAC or 20.11.3.119 NMAC for projects not from a conforming transportation plan and TIP). { FR Vol. 77, No. 50, pp. 14979-88, 3/14/12 re: 40 CFR 93.121(b)} C. Notwithstanding Subsection A and Subsection B of 20.11.3.121 NMAC, in nonattainment and maintenance areas subject to Subsection [L ] Eor Subsection [M ] Fof 20.11.3.109 NMAC for a given pollutant/precursor and NAAQS, no recipient of federal funds designated under 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 finds that the requ irements of one of the following are met for that pollutant/precursor and NAAQS: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 (1) the project was included in the most recent conformity determination for the transportation plan and TIP and the project’s design concept and scope has not changed significantly; or (2) the project was included in the most recent conformity determination that reflects the portion of the statewide transportation plan and statewide TIP which are in the nonattainment or maintenance area, and the project’s design concept and scope have not changed significantly. {FR Vol. 77, No. 50, pp. 14979-88, 3/14/12 re: 40 CFR 93.121(c)} [20.11.3.121 NMAC - Rn & A, 20.11.3.218 NMAC, 11/15/10]

20.11.3.122 PROCEDURES FOR DETERMINING REGIONAL TRANSPORTATION-RELATED EMISSIONS: A. General requirements: (1) The regional emissions analysis required by 20.11.3.118 NMAC and 20.11.3.119 NMAC for the transportation plan, TIP or project not from a conforming plan and TIP shall include all regionally significant projects expected in the nonattainment or maintenance area. The analys is shall include FHWA/FTA projects proposed in the transportation plan and TIP and all other regionally significant projects which are disclosed to the MPO as required by 20.11.3.105 NMAC. Projects which are not regionally significant are not required to be explicitly modeled, but vehicle miles traveled (VMT) from suchprojects shall be estimated in accordance with reasonable professional practice and shall be reviewed by the TCTC as part of the interagency consultation described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC. The effects of TCMs and similar projects that are not regionally significant may also be estimated in accordance with reasonable profe ssional practice and shall be reviewed by the TCTC as part of the interagency cons ultation described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC. (2) The emissions analysis may not include for emissions reduction credit any TCMs or other measures in the applicable implementation plan which have been delayed beyond the scheduled date(s) until such time as their implementation has been assured. If the measure has been partially implemented and it can be demonstrated that it is providing quantifiable emission re duction benefits, the emissions analysis may include that emissions reduction credit. (3) Emissions reduction credit from projects, programs or activities which require a regulatory action in order to be implemented may not be included in the emissions analysis unless: (a) the regulatory action is already adopted by the enforcing jurisdiction; (b) the proj ect, program or activity is included inthe applicable implementation plan; (c) the contro l strategy implementation plan submission or maintenance plan submission that establishes the motor vehicle emissions budget(s) for the purposes of 20.11.3.118 NMAC contains a written commitment to the project, program or activity by the agency with authority to implement it; or (d) EPA has approved an opt-in to a federally enforced program, EPA has promulgated the program (if the control program is a federal responsibility, su ch as vehicle tailpipe standards), or the Clean Air Act requires the program without need for individual state acti on and without any discretionary authority for EPA to set its stringency, delay its effective date or not implement the program. (4) 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

20.11.3 NMAC Public Review Draft, 6/26/12 37

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 analysis unless the conformity determination includes written commitments to implementation from the appropriate entities. (a) Persons or entities voluntarily committing to control measures shall comply with the obligations of such commitments. (b) The conformity implementation plan revision required in 40 CFR 51.390 shall provide that written commitments to control measures that are not included in the transportation plan and TIP shall be obtained prior to a conformity determination and that such commitments shall be fulfilled. (5) A regional emissions analysis for the purpose of satisfying the requirements of 20.11.3.119 NMAC shall 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. (6) 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, shall be consistent with the applicable implementation plan, unless modified after interagency consultation according to Subparagraph (a) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC to incorporate additional or more geographically specific information or represent a logically estimated trend in such factors beyond the period considered in the applicable implementation plan.(7) 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. B. Regional emissions analysis in serious, severeand extreme ozone nonattainment areas and serious CO nonattainment areas shall meet the requirements of Paragraphs (1) through (3) of Subsection B of 20.11.3.122 NMAC if their metropolitan planning area contains an urbanized area population over 200,000. (1) By January 1, 1997, estimates of regional transportation -related emissions used to support conformity determinations shall 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 DO T and shall be updated peri odically. Agencies shall discuss these modeling procedures and practices through the interagency consultation process as required by Subparagraph (a) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC. Network-based travel models shall at a minimum satisfy the following requirements: (a) network-ba sed travel models shall be validated against observed counts (peak and off-peak
, if possible) for a base year that is not more than 10 year s prior to the date of the conformity determination; model forecasts shall be analyzed for reasonableness and compared to historical trends and other factors, and the results shall be documented; (b) land use, population, employment and other network-based travel model assumptions shall be documented and based on the best available information; future speeds shall be determined through interagency consultation as described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC; (c) scenarios of land development and use shall be consistent with the future transportation system alternatives for which emissions are being estimated; the distribution of employment and residences for different transportation options shall be reasonable; (d) a capacity-sensitive assignment methodology shall be used, and emissions estimates shall be based on a methodology which differentiates between peak and off-peak link volumes and speeds and uses speeds based on final assigned volumes; (e) zone-to-zone travel impedances used to distribute trips between origin and destination pairs shall be in reasonable agreement with the travel times th at are estimated from final assigned traffic volumes and shall be determined through interagency consultation described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC; where use of transit currently is anticipated to be a significant factor in satisfying transportation demand, these times shall also be used for modeling mode splits; and (f) network-ba sed travel models shall be reasonably sensitive to changes in the time(s), cost (s) and other factors affecting travel choices. (2) Reasonable methods in accordance with good practice shall be used to estimate traffic speeds and delays in a manner that is sensitive to the estimated volume of travel on each roadway segment represented in the network-based travel model. (3) Highway performance monitoring system (HPMS) estimate s of vehicle miles traveled (VMT) shall be considered the primary measure of VMT within the portion of the nonattainment or maintenance area and

20.11.3 NMAC Public Review Draft, 6/26/12 38

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 for the functional classes of roadways included in HPMS, for urban areas which are sampled on a separate urban area basis. For areas with network-based travel models, a factor (or factors) may be developed to reconcile and calibrate the network-based travel model estimates of VMT in the base year of its validation to the HPMS estimates for the same period. These factors may then be applied to model estimates of future VMT. In this factoring process, consideration shall be given to differences between HPMS 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 subject to the interagency consultation procedures Subparagraph (a) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC. C. Two-year grace period fo r regional emissions analysis re quirements in certain ozone and CO

areas: The requirements of Subsection B of 20.11.3.122 NMAC apply to such areas or portions of such areas that have not previously been required to meet these re quirements 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 an urbanized area population 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 than 200,000; or (3) the effective date of EPA’s action that classifies a newly de signated ozone or CO nonattainment area that has an urbanized area population greater than 200,000 as serious or above. D. In all areas not otherwise subject to Subsection B of 20.11.3.122 NMAC, regional emissions analyses shall use those procedures described in Subsection B of 20.11.3.122 NMAC if the use of those procedures has been the previous practice of the MPO. Otherwise, areas not subject to Subsection B of 20.11.3.122 NMAC may estimate regional emissions using any appropriate methods that account for VMT growth by, for example, extrapolating historical VMT or projecting future VMT by considering growth in population and historical growth trends for VMT per person. These methods shall also co nsider future economic activity, transit alternatives and transportation system policies. E. PM 10

### from construction-related fugitive dust: (1) For areas in which the implementation plan does not identify construction-related fugitive PM 10 

### as a contributor to the nonatta inment problem, the fugitive PM 10

### emissions associated with highway and transit project construction are not required to be considered in the regional emissions analysis. (2) In PM 10

### nonattainment and maintenance areas with implementation plans that identify construction-related fugitive PM 10

### as a contributor to the nonattainment problem, the regional PM 10

### emissions analysis shall consider construction-related fugitive PM 10

### and shall account for the level of construction activity, the fugitive PM 10

### control measures in the applicable implementation plan and the dust-producing capacity of the proposed activities. F. PM 2.5

### from construction-related fugitive dust: (1) For PM 2.5 

### areas in which the implementation plan does not identify construction-related fugitive PM 2.5 

### as a significant contributor to the nonattainment problem, the fugitive PM 2.5 

### emissions associated with highway and transit project construction are not required to be considered in the regional emissions analysis. (2) In PM 2.5 

### nonattainment and maintenance areas with implementation plans that identify construction-related fugitive PM 2.5 

### as a significant contributor to the nonattainment problem, the regional PM 2.5 

### emissions analysis shall consider construction-related fugitive PM 2.5 

### and shall account for the level of construction activity, the fugitive PM 2.5 

### control measures in the applicable implementation plan, and the dust-producing capacity of the proposed activities. G. Reliance on previous regional emissions analysis: (1) Conformity determinations for a new transportation plan or TIP may be demonstrated to satisfy the requirements of 20.11.3.118 NMAC, Criteria and Procedures: Motor Vehicle Emissions Budget, or 20.11.3.119 NMAC, Criteria and Procedures: Interim Emissions in Areas Without Motor Vehi cle Emissions Budgets , without new regional emissions analysis if the previous regional emissions analysis also applies to the new plan or TIP. This requires a demonstration that: 50 51 52 53 54 55 56 (a) the new planor TIP contains all projects that shall be started in the TIP’s time frame i n order to achieve the highway and transit system envisioned by the transportation plan; (b) all plan and TIP projects that are regionally si gnificant are included in the transportation plan with design concept and scope adequate to determin e their contribution to the transportation plan’s or TIP’s regional emissions at the time of the previous conformity determination; (c) the design concept and scope of each regionally significant project in the new plan or TIP are not significantly different from that described in the previous transportation plan; and

20.11.3 NMAC Public Review Draft, 6/26/12 39

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 (d) the previousregional emissions analysis is consistent with the requirements of 20.11.3.1 18 NMAC (including that conformity to all currently applicable budgets is demonstrated) or 20.11.3.119 NMAC, as applicable. (2) A project which is not from a conforming transportation plan and a conforming TIP may be demonstrated to satisfy the requirements of 20.11.3.118 NMAC or 20.11.3.119 NMAC without additional regional emissions analysis if allocating funds to the project shall not delay the implementation of projects in the transportation plan or TIP which are necessary to achieve the highway and transit system envisioned by the transportation plan the previous regional emissions analysis is still consistent with the requirements of 20.11.3.118 NMAC (including that conformity to all currently applicable budgets is demonstrated) or 20.11.3.119 NMAC, as applicable, and if the project is either: (a) not regionally significant; or (b) included in the conforming transportation plan (even if it is not specifically included in the latest conforming TIP) with design concept and scope ad equate to determine its contribution to the transportation plan’s regional emissions at the time of the transportation plan’s conformity determination, and the design concept and scope of the project is not significantly different from that described in the transportation plan. (3) A conformity determin ation that relies on Subsection G of 20.11.3.122 NMAC does not satisfy the frequency requirements of Subsection B or Subsection C of 20.11.3.104 NMAC. [20.11.3.122 NMAC - Rn & A, 20.11.3.219 NMAC, 11/15/10]

20.11.3.123 PROCEDURES FOR DETERMINING LOCALIZED CO, PM 10

### AND PM 2.5 

### CONCENTRATIONS (Hot-Spot Analysis): A. CO hot spot analysis: (1) The demonstrations required by 20.11.3.116 NMAC (Criteria and Procedures: Localized CO, PM 10

### and PM 2.5 

### Violations) shall be 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 20.11.3.105 NMAC and approved by the EPA regional administrator are used for: (a) projects in or affecting locations, areas or cate gories of sites which are identified in the applicable implementation plan as sites of violation or possible violation; (b) projects affecting intersections that are at level- of-service D, E or F, or those that sh all change to level-of-service D, E or F because of increased traffic volumes related to the project; (c) any project affecting one or more of the top three intersections in the nonattainment or maintenance area with highest traffic volumes, as identified in the app licable implementation plan or which are identified through the interagency consultation process as described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC; and (d) any project affecting one or more of the top three intersections in the nonattainment or maintenance area with the worst level of service, as identified in the applicable implementation plan or which are identified through the interagency consultation process as described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC. (2) In cases other than those described in Paragraph (1) of Subsection A of 20.11.3.123 NMAC, the demonstrations required by 20.11.3.116 NMAC may be based on either: (a) quan titative methods that represent reasonab le and common professional practice as determined through the interagency consultation process, described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC; or (b) a qualitative consideration of local factors, if this can provide a clear demonstration that the requirements of 20.11.3.116 NMAC are met. (3) DOT, in consultation with EPA, may also choose to make a categorical hot-spot finding that Subsection A of 20.11.3.116 NMAC is met without further hot-spot analysis for any project described in Paragraphs (1) and (2) of Subsection A of 20.11.3.123 NMAC based on appropriate modeling. DOT, in consultation with EPA, may also consider the current air quality circumstances of a given CO nonattainment or maintenance area in categorical hot-spot fi ndings for applicable FHWA or FTA projects. B. PM 10

### and PM 2.5 

### hot-spot analyses: (1) The hot-spot demonstration required by 20.11.3.116 NMAC shall be based on quantitative analysis methods for the following types of projects: (a) new highway projects that have a significant number of diesel vehicles, and expanded highway projects that have a significant increase in the number of diesel vehicles;

20.11.3 NMAC Public Review Draft, 6/26/12 40

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 (b) projects affecting intersections 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 di esel vehicles related to the project; (c) new bus an d rail terminals and transfer points that have a significant number of diesel vehicles congregating at a single location; (d) expande d bus 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 inthe PM 10

### or PM 2.5 

### applicable implementation plan or implementation plan submission, as appropriate, as sites of violation or possible violation. (2) Where quantitative analysismethods are not available, the demonstration required by 20.11.3.116 NMAC for projects described in Paragraph (1) of Subsection B of 20.11.3.123 NMAC shall be based on a qualitative consideration of local factors. (3) DOT, in consultation with EPA, may also choose to make a categorical hot-spot finding that 20.11.3.116 NMAC is met without further hot-spot analysis for any project described in Paragraph (1) of Subsection B of 20.11.3.123 NMAC based on appropriate modeling. DOT, in consultation with EPA, may also consider the current air quality circumstances of a given PM 2.5 

### or PM 10

### nonattainment or maintenan ce area in categorical hot-spot findings for applicable FHWA or FTA projects. (4) The requirements for quantitative analysis contained in Subsection B of 20.11.3.123 NMAC shall 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 conc entrations shall be based on the total emissions burden that may result from the 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 sh all include the entire project, and may be performed only after the major design features that shall significantly impact concentrations have been identified. The future background concentration shall be estimated by multiplying current background by the ratio of future to current traffic and the ratio of future to current emission factors as determinedthrough the interagency consultation process described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC. (3) Hot-spot analysis assumpti ons shall be consistent with those in the regional emissions analysis for those inputs which are required for both analyses as determined through the interagency consultation process described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC. (4) CO, PM 10

### or PM 2.5 

### mitigation or control measures shall be assumed in the hot-spot analysis only where there are written commitments from the project sponsor or operator to implement such measures, as required by Subsection A of 20.11.3.125 NMAC. (5) CO, PM 10

### and PM 2.5 

### hot-spot analyses are not required toconsider construction-related activities which cause temporary increases in emissions. Each site that is affected by construction-related activities shall be considered separately through the interagency consultation process described in Paragraph (1) of Subsection B of 20.11.3.105 NMAC, 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. [20.11.3.123 NMAC - Rn & A, 20.11.3.220 NMAC, 11/15/10]

20.11.3.124 USING THE MOTOR VEHICLE EMISSIONS BUDGET IN THE APPLICABLE IMPLEMENTATION PLAN (OR IMPLEMENTATION PLANSUBMISSION): A. In interpreting an applicable implementation plan (or implementation plan submission) with respect to its motor vehicle emissions budget(s), the MPO and DOT may not infer additions to the budget(s) that are not explicitly intended by the implementation plan (or submission). Unless the implementation plan explicitly quantifies the amount by which motor vehicle emissions could be higher while still allowing a demonstration of compliance with the milestone, attainment or maintenance requirement and explicitly states an intent that some or all of this additional amount shall be available to the MPO and DOT in the emissions budget for conformity purposes, the MPO may not interpret the budget to be higher than the implementation plan’s estimate of future emissions. This applies in particular to applicable implementation plans (or submissions) which demonstrate that after implementation of control measures in the implementation plan:

20.11.3 NMAC Public Review Draft, 6/26/12 41

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 (1) emissions from all sourcesshall be less than the total emissions that would be consistent with a required demonstration of an emissions reduction milestone; (2) emissions from all sources shall result in achieving attainment prior to the attainment deadline or ambient concentrations in the attainment deadline year shall be lower than needed to demonstrate attainment; or (3) emissions shall be lower than needed to provide for continued maintenance. B. A conformity demonstration shall not trade emissions among budgets which the applicable implementation plan (or implementation plan submission) allocates for different pollutants or precursors, or among budgets allocated to motor vehicles and other sources, unless the implementation plan establishes appropriate mechanisms for such trades. C. If the applicable implementation plan (or im plementation plan submission) estimates future emissions by geographic subarea of the nonattainment area, the MPO and DOT are not required to consider this to establish subarea budgets, unless the applicable implementation plan (or implementation plan submission) explicitly indicates an intent to create such subarea budgets for the purposes of conformity. D. If a nonattainment area includes more than on e MPO, the implementation plan may establish motor vehicle emissions budgets for each MPO, or el se the MPOs shall collectively make a conformity determination for the entire nonattainment area. [20.11.3.124 NMAC - Rn, 20.11.3.221 NMAC, 11/15/10]

20.11.3.125 ENFORCEABILITY OF DESIGNCONCEPT AND SCOPE AND PROJECT-LEVEL MITIGATION AND CONTROL MEASURES: A. Prior to determining that a transportation project is in conformity, the MPO, other recipient of funds designated under title 23 U.S.C. or the Federal Tr ansit Laws, FHWA or FTA shall obtain from the project sponsor or operator written commitments to implement in the construction of the project and operation of the resulting facility or service any project-level mitigation or control measures that are identified as conditions for NEPA process completion with respect to local PM 10, 

### PM 2.5 

### or CO impacts. Before a conformity determination is made, written commitments shall also be obtained for project-level mitigation or control measures that are conditions for making conformity determinations for a tran sportation plan or TIP and are included in the project design concept and scope which is used in the regional emissions analysis required by 20.11.3.118 NMAC (motor vehicle emissions budget) and 20.11.3.119 NMAC (interim emissions in areas without motor vehicle emissions budgets) or used in the project-level hot-spot analysis required by 20.11.3.116 NMAC. B. Project sponsors voluntarily committing to mitigation measures to facilitate positive conformity determinations shall comply with the obligations of such commitments. C. The implementation plan revision required in 40 CFR 51.390 shall provide that written commitments to mitigation measures shall be obtained prior to a positive conformity determination, and that project sponsors must comply with such commitments. D. If the MPO or project sponsor believes the mitigation or control measure is no longer necessary for conformity, the project sponsor or operator may be relieved of its obligation to implement the mitigation or control measure if it can demonstrate that the applicablehot-spot requirements of 20.11.3.116 NMAC, emission budget requirements of 20.11.3.118 NMAC, and interim emissions requirements of 20.11.3.119 NMAC are satisfied without the mitigation or control measure, and so notifie s the agencies involved in the interagency consultation process required under 20.11.3.105 NMAC. The MPO and DO T shall find that the transportation plan and TIP still satisfy the applicable requirements of 20.11.3.118 NMAC or 20.11.3.119 NMAC and that the project still satisfies the requirements of 20.11.3.116 NMAC , and therefore that the conformity determinations for the transportation plan, TIP and project are still valid. This finding is subj ect to the applicable public consultation requirements in Subsection F of 20.11.3.105 NMAC for conformity determinations for projects. [20.11.3.125 NMAC - Rn & A, 20.11.3.222 NMAC, 11/15/10]

20.11.3.126 EXEMPT PROJECTS: Notwithstanding the other requirements of 20.11.3 NMAC, highway and transit projects of the types listed in Table 2 of 20.11.3.126 NMAC are exempt 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 20.11.3.126 NMAC is not exempt if the MPO in consultation with other agencies (see Subparagraph (c) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC), the 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. States and MPOs shall ensure that exempt projects do not interfere with TCM implementation. Table 2 follows:

20.11.3 NMAC Public Review Draft, 6/26/12 42

### TABLE 2. EXEMPT PROJECTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 SAFETY Railroad/highway crossing Projects that correct, improve or eliminate a hazardous location or feature Safer non-federal-aid system roads Shoulder improvements Increasing sight distance Highway safety improvement program implementation Traffic control devices and operating assi stance other than si gnalization projects Railroad/highway crossing warning devices Guardrails, median barriers, crash cushions Pavement resurfacing or rehabilitation Pavement marking Emergency relief (23 U.S.C. 125) Fencing Skid treatments Safety roadside rest areas Adding medians Truck climbing lanes outside the urbanized area Lighting improvements Widening narrow pavements or reconstructi ng bridges (no additional travel lanes) Emergency truck pullovers MASS TRANSIT Operating assistance to transit agencies Purchase of support vehicles Rehabilitation of transit vehicles 1 

### Purchase of office, shop and operating equipment for existing facilities Purchase of operating equipment for vehicles (e.g., radios, fare boxes, lifts, etc.) Construction or renovation of power, signal and communications systems Construction of small passenger shelters and information kiosks Reconstruction or renovation of transit buildings and struct ures (e.g., rail or bus buildings, storage and maintenance facilities, stations, terminals and ancillary structures) Rehabilitation or reconstruction of track structures, track, and trackbed inexisting rights-of-way Purchase of new buses and rail cars to replace existin g vehicles or for minor expansions of the fleet 1 

### Construction of new bus or rail storage/maintenance facilities categorically excluded in 23 CFR Part 771 AIR QUALITY Continuation of ride-sharing and van-pooling promotion activities at current levels Bicycle and pedestrian facilities OTHER Specific activities which do not involve or lead directly to construction, such as: Planning and technical studies Grants for training and research programs Planning activities conducted pursuant to Titles 23 and 49 U.S.C. Federal-aid systems revisions Engineering to assess social, economic and environmental effects of the proposed action or alternatives to that action Noise attenuation Emergency or hardship advance land acquisitions 23 CFR Part 710.503 Acquisition of scenic easements Plantings, landscaping, etc. Sign removal Directional and informational signs Transportation enhancement activities (except rehabilitation and operation of historic transportation buildings, structures or facilities) Repair of damage caused by natural disasters, civil unre st or terrorist act s, except projects involving substantial functional, locational or capacity changes

20.11.3 NMAC Public Review Draft, 6/26/12 43

### Note : 1 

### In PM 10

### and PM 2.5 

### nonattainment or maintenance areas, such projects are exempt only if they are in compliance with control measures in the applicable implementation plan. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 [20.11.3.126 NMAC - Rn & A, 20.11.3.223 NMAC, 11/15/10]

20.11.3.127 PROJECTS EXEMPT FROM REGIONAL EMISSIONS ANALYSES: Notwithstanding the other requirements of 20.11.3 NMAC, highway and transit projects of the types listed in Table 3 of 20.11.3.127 NMAC are exempt from regional emissions analysis requireme nts. The local effects of these projects with respect to CO, PM 2.5 

### or PM 10

### concentrations shall be considered to determine if a hot-spot analysis is required prior to making a project-level conformity determination. These projects may then proceed to the project development process even in the absence of a conforming transportation plan and TIP. A particular action of the type listed in Table 3 of 20.11.3.127 NMAC is not exempt from regional emissions analysis if the MPO in consultation with other agencies (see Subparagraph (c) Paragraph (1) of Subsection D of 20.11.3.105 NMAC), the 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 potential regional impacts for any reason. Table 3 follows:

TABLE 3. PROJECTS EXEMPT FROMREGIONAL EMISSIONS ANALYSES Intersection channelization projects Intersection signalization projects at individual intersections Interchange reconfiguration projects Changes in vertical and horizontal alignment Truck size and weight inspection stations Bus terminals and transfer points [20.11.3.127 NMAC - Rn & A, 20.11.3.224 NMAC, 11/15/10]

20.11.3.128 TRAFFIC SIGNAL SYNCHRONIZATION PROJECTS: Traffic signal synchronization projects may be approved, funded and implemented without satisfying the requirements of 20.11.3 NMAC. However, all subsequent regional emissions analyses required by 20.11.3.118 NMAC and 20.11.3.119 NMAC for transportation plans, TIPs or projects not from a conforming plan and TIP shall include such regionally significant traffic signal synchronization projects. [20.11.3.128 NMAC - Rn & A, 20.11.3.225 NMAC, 11/15/10]

20.11.3.129 SPECIAL EXEMPTIONS FROM CONFORMITY REQUIREMENTS FOR PILOT PROGRAM AREAS: EPA and DOT may exempt no more than six area s for no more than three years from certain requirements of 20.11.3 NMAC if these areas are selectedto participate in a conformity pilot program and have developed alternative requirements that have been approved by EPA as an implementation plan revision in accordance with 40 CFR 51.390. For the duration of the pilo t program, areas selected toparticipate in the pilot program shall comply with the conformity requirements of the pilot area’s implementation plan revision for 40 CFR 51.390 and all other requirements in 40 CFR parts 51 and 93 that are not covered by th e pilot area’s implementation plan revision for 40 CFR 51.390. The alternative conformity requirements in conjunction with any applicable state or federal conformity requirements shall be proposed tofulfill all of the requirements of and achieve results equivalent to or better than Section 176(c) of the Clean Air Act. After the three-year duration of the pilot program has expired, areas will again be subject to all of the requirements of 20.11.3 NMAC and 40 CFR Part 51, Subpart T, or to the requirements of any implementation plan revision that was previously approved by EPA in accordance with 40 CFR 51.390. [20.11.3.129 NMAC - Rn, 20.11.3.227 NMAC, 11/15/10]

20.11.3.130 to 20.11.3.199[Reserved]

20.11.3.200 to 20.11.3.227[Reserved] [Sections 200-227 renumbered to Sections 103-129, 11/15/10]

20.11.3.228 to 20.11.3.389[Reserved]

20.11.3.390 APPLICABLE LAW: The federal conformity rules under 40 CFR Part 93 Subpart A, in addition to any existing applicable state requirements, 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

20.11.3 NMAC Public Review Draft, 6/26/12 44

### 20.11.3 NMAC Public Review Draft, 6/26/12 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 EPA. Following EPA approval of this revision to the applicable implementation plan (or a portion thereof), the approved (or approved portion of the) criteria and procedures in 20.11.3 NMAC shall govern conformity determinations and the federal conformity regulations contai ned in 40 CFR Part 93 shall apply only for the portion, if any, of 20.11.3 NMAC conformity provisions that is not approved by EPA. In addition, any previously applicable implementation plan requirements relating to conformityremain enforceable until 20.11.3 NMAC is adopted. [20.11.3.390 NMAC - N, 11/15/10]

HISTORY OF 20.11.3 NMAC: Pre-NMAC History: The material in this part was derived from that previously filed with the commission of public records - state records center and archives. Regulation No. 42, Transportation Conformity, 12/16/94.

History of Repealed Material: 20 NMAC 11.03, Transportation Conformity, filed 10/27/95 repealed and replaced by 20 NMAC 11.03, Transportation Conformity, filed 06/01/98.

Other History: Regulation No. 42, Transportation Conformity, filed 12/16/94 was reformatted, renumbered and replaced by 20 NMAC 11.03, Transportation Conformity, filed 10/27/95. 20 NMAC 11.03, Transportation Conformity, filed 06/01/98 renumbered , reformatted, amended, and replaced by 20.11.3 NMAC, effective 6/01/02.

### • AQD 

## EXH IBIT

# ~-------------------------------------------------------4**1** 18 

# I

P ubli s h e d in t h e A l b uqu e rqu e , Jo urn a l o n S und ay Ju ly 

### 1 5,2 01 2



### ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD NOT ICE OF HEAR I NG AND REGULAR MEETING On September 12 ,20 12
, at 5:30pm, the Albuquerque-Bernali ll o County Air Quality Co ntrol Board (Air Board ) will hold a public hearing in the Vincent E. Griego Chambers lo cate d in the basement level of the Albuquerque-Bernali ll o County Govemment Center, 400 Marquette Avenue NW, Albuquerque, NM. The hearing w ill address: Propo sa l to amend 20. 11. 3 NMAC. Tran s portat ion Confo rmity, and to incorporate a n amended 20. 1 1.3 NMAC into the New Mexico State Impl e mentation Plan (S I P) for air quality. The Air Qua lity Divi s ion (AQD) of the City of**Albuquerqu~** 

### Env ironmcnta l l lea l th Department is prop os in g the se amendments in re s pon se to the promu lgation by th e U.S. Environmenta l Prot ect ion Agency (EPA) of an a mended federal transportation confonnity rul e. On March 14, 20 1 2
, the EPA promu l gated changes to the transpm1ation confom1ity rul e. Thi s rule became effective on Apri l 13, 20 1 2 [FR Vo l. 77, No. 50, 14979-14988]. I n re spo nse , and as require d by EPA, the AQD is proposin g**amendm~nts** 

### to update the lo ca l confmmity regu l a tion. EPA's updated ru l e: The EPA has fin a lized changes to the transportation confonnity r u le to make the rule apply to any future new or revised

n atio na l ambient air quality standards (NAAQS)

. The final ru le re s tru ctu re s two sections of d1e
tran sp m1ation confonnity rule so that existing requirements wifl apply for any new or re vised NAAQS. Res tructurin g th ese sections w ill redu ce the ne ed to amend th e rule in the future mer e ly to ref e rence a specific NAAQS and w ill provide more ce11a i nty to transportation planners w ithout compromising envi ronmental benefits. This fina l ru le ensures 

### that. air quality is protected and clarifies requirements for implementers. EPA ha s worked c losely with the U.S. Depattment of Transportation to deve lop this fmal rul e. Background Transportation confonnity i s a Clean Air Act requirement that ensures that federa ll y supported highway and transit projec ts are consistent wrth S I Ps

. Confom1ity helps protect public health through early cons ide r ation of the a i r quality impact s of transportat i on deci s ion s i n places where a i r qua li ty doe s not curTently meet federa l standards or has not met them in 

### the past. K ey Elements of the Final Rule The fina l ru le primar i ly rest ructures two sections of the confonnity rule, 20.11.3.109 NMAC [ 40 Cf'R 93.l09] and 20 .11.3.119 NMAC [40 CFR 93.119]
, so that the existing rule requirement s clearly apply to

areas designated for future new or rev ised NAAQS, thu s reducing the need to amend the tra11 spo rtation conformity ru J e mere l y to reference specific new NAAQS. As a result of these changes, the confonnity ru le will apply to any new NAAQS that EPA estab li shes in the futur e. This rule also allows PM2.5 areas with clean air qua li ty da ta to take advantage of conformity tlexibi lities that are cunent l y available on ly to ozone

areas. Health and E nvironmenta l Ben e fits The fi11al rule ensures that transportation activities are consistent with air quality goals of the transportati011 conformity program

. The final ru le ensures that all nonattainment and ma i ntenance areas use confonn i ty tests that ensure air quality progress cont inue s i n

areas that need to attain or mainta i n the NAAQS. Follow ing the hear ing, the Air Board will ho ld its regular month ly me e tin g during which the Air Board is expected to consider adopting the propo se d amendments to 20.11.3 NMAC
, Transportation Conformity, and incorporat ing the atnended regulation into the SIP. The Air Board is the federa ll y delegated air quality authority for Albuquerque and Bernalillo County. Local del egatio n authorizes the Air Board to administer and enforce the CAA and the New Mexico Air Qual ity Control Act, and to require local air pollution sources to comply with air quality standards and regulations. Hearing s and m eet ings of the A i r Board are open to the public and all interested perso n s are encouraged to participate. All persons who wish to testify regarding the subject of the hearing may do so at the hearing and wi ll b e given a reasonab le opportunity to submit relevant eviden ce, data, views and argwnents, orally

or in wr iting
, to introdu ce exh i bit s and to examine w i tnesses in accordance with th e Joint Air Quality Control Board Ordinan ces, Section 9-5-1-6 ROA 1994 and Bernalillo Co unty Ordinance 94-5, Section 6

.

### Anyone intending to present technical testimony is required by 20.11 .82 NMAC, Rulemaking Procedures

- AQCB, to submit a written Notice Oflntent (NOI) before 5:00pm on August 28,2012 to: Attn: September Hearing Record, Mr. Neal Butt, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or in person in Room 3023, 400 Marquette Avenue NW. The NOI shall identity the person's name, address and affiliation. Non-technical testimony may be provided at the hearing pursuant to 20.11.82.22 NMAC, but to ensure adequate time for review of submitted testimony, the AQD requests that written comments to be incorporated into the public record be received at the above P.O. Box, or Environmental Health Department office, before 5:00pm on September 5, 2012. The comments shall include the name and address of the individual or organization submitting the statement. Written comments may also be submitted electronically to nbutt@cabq.gov and shall include the required name and address information. Interested persons may obtain a copy of the proposed regulation at the Environmental Health Department Office, or by contacting Mr. Neal Butt, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or by phone 768-2660, or by e-mail at nbutt@cabq.gov, or by downloading a copy from the City of Albuquerque Air Quality Division website. NOTICE FOR PERSON WITH DISABILITIES: If you have a disability and/or require special assistance please call (505) 768-2600 [Voice] and special assistance will be made available to you to review any public meeting documents, including agendas and minutes. TTY users call the New Mexico Relay at 1-800-659-8331 and special assistance will be made available to you to review any public meeting documents, including agendas and minutes Journal: July 15, 2012

# f AQO EXH I RtT

New Me x ico Re g i ster I Vo lu me XX III , N umber 14 / Jul y 3 1, 2 012

AL B UQUE RQ U E

- B E R NAL I LLO COUNTY A I R QUALITY CON TROL BOARD N OT I CE OF HEARI NG ANO**EGULAr ~**  MEET I NG 

# i 

# I

O n Septe mb er 12
, 2 01 2, 

### at 5:JO 

### pm. the Albuqucrque-Remalillo Co unt y Air Quali ty Con tr ol Board (A ir B oa rd ) w ill hol d a public hea rin g in the Vi nce nt E. 

### Griego C hamb e r s located in the b ase ment l eve l of the Albuqu e rqu eBernal ill o Co unt y**Govemm~nt** 

### Center. 400 Marquette Ave nu e NW, Albuquerque, N M

.

T he h ea

rin g will address: Proposa l to amend 20. 1 1.3 

### NMAC. 71-tmsportation**Conformi~v.** 

### and t o in co rp orate an
amen d e d 20

. 

### I 1 .3 

### N MA C into tJ1 c New Mc xi w Sta t e Imp l e menta ti o n Plan (S IP ) f or air q ua lit y. T he Air Qu a lit y Di vision ( AQ D) of the City 

# or Albuquerque Environ men tal H ea lth De p artme nt is proposing these amendments in

r esponse to the pro mul ga ti o n hy th e U.S. Envi r on m e nta l Protection Agency (E PA ) of an amended fede r a l transportation contormity rule.

On March 14

. 20 12

. 

### the EP A promul gated**change~** to 

### th e tran s portation conformity rul e

. This rule became e ff ective

on Ap ril 13, 2012 

### [FR Vol. 77. No. 50, 14979- 14 %!<1. 

### In resp on se, and as required by E PA. th e AQD is proposing amend men ts t o update the loca l co n formity regulation.

EPA ' s updated rule:



### The EPA has finali zed cha nges to th e transportation co nf orm ity rule to mak e th e rule appl y to a ny future new o r

r ev ised national ambi e nt air quality s tanda rd s (NAAQS). The f i nal mle restructures rwo sections of the transporta ti on co ntormit y rul e so th at (•x i s tin g r e quire ment s wi l l apply fi1r an y ne w o r r evised NAAQS

. R

est ructurin g th e s e s ect i o n s w ill reduce the need to amend the rul e in the future mere ly to refe rence a s p eci lie NAAQS an d will provide more certa inty to tran sp o rtation planners w ith ou t co mpromi s in g e nv ironmental bencflts. Thi s fin al rule e n s ure s that ai r qua lity is prot ected and c lar ifies requirements for implementers. EPA has wor k ed

c lose ly w ith the U.S. Deparunent o fTrnn sp 011 ati on t o-develo p t'hi s final rul e

.
Backg roun d 

### Transportation confonn it y is a C l ean Air Act re quirement that ens ures that tc d c rally s upp or t e d hi g h way and tran sit pr

ojects <Jre consiste nt wit h S IP s. Co nf o rmit y h e lps prot ect publi c h ea lth thro u g h ear ly t>Onsidcration of the air quali ty impa cts of transportation d ecisio n s in places w here air quality doc s n o t curTently me et federal $ta nd a rd s o r has not met them in the p as t

.

Ke y E lements of t h e Fina l Rule 

### T he final r uJ c primaril y r est ructure s two sect ion s o f t he conformity rule
, 20. 1 l.3. 109 

### NMAC ( 40 

### CFR 93 .109] 

### and 20. 11. 3. 1 19 

### NMAC [40 CF R 93 .11 9], 

### so tha t the exist in g r ule requi rements dearly a ppl y to a re as designated for futu r e n ew or r evised NA/\ Q S, th u s r e ducing th e need to a mend the t ra nsp ort ati o n co nformity rule mere l y to nd i:: ren cc s pecific new NAAQS

. As a r es ul t of th ese c hang es

. the co nf or mit y rul e wi ll apply to any new NAAQS th at EPA establ is hes in the futur e. T hi s rul e also a ll ows PM 2.5 areas with c l ea n ai r qualit y dat a t o**::~k e**  

### adva ntage of wnformity fl exi bili t i es th at arc currently avai labl e o nl y to ozone areas.

H ealt h and E n v ironm e n ta l B e n e fit s 

### The fin al rule e n s ures th at tra nsport ation ac ti vit i es are consistent w ith ai r quality goa ls o f th e transportation

co n fo rmi ty**ogr::~m .**  

### Th e final ru l e ensures t hat all no naua inm cnt an d maintenance areas u sc conformity tests that

ensure air qua li ty progress continues in areas t ha t need to ana in o r maintain the NAAQS.

Fol l owing the hearing, the Air Board will hold its reg ul ar monthl y mee ting during wh ich th e Air Board is expec te d
t o co n sider ado ptin g the propose d ame ndm en ts to 20. 11 .3 

### N MA C, 

### Transportation CO! ! /O rmit y

. a nd in corpo rating the amended reg ulation int o the S IP

.

The Air Boa rd i s the federally delegated air quality authority t o r Albuquerque and B e rn al illo Co un ty

. Local delegation authorizes th e Air B oa rd to a dmini sre r and enfo rce th e CAA and t
· he New Mex ico Air Quality Control Act, a nd to r e quire lo ca l a ir p o llution sources to co mpl y 

### with air quality standards a nd re gulation s

.

H earings and meetings of th e Air B oard are open to the public and a ll interested persons a re e n courage d ro partic ipate

. All persons who wish t o testi fy r ega rding th e s ubj ec t of th e hea rin g may do so at the hea ring and wi ll be 

## ZbNew Mexico Register I Volume XXIII, Number 14 I .July 31,2012



### given a reasonable opportunity to submit relevant evidence, data, views and arguments, orally or in writing, to introduce exhibits and to examine witnesses in accordance with the Joint Air Quality Control Board Ordinances, Section 9-5-1-6 ROA 1994 and Bernalillo County Ordinance 94-5, Section 6.

Anyone intending to present technical testimony is required by 20.11.82 NMAC, Rulemaking Procedures- AQCB,
to submit a written Notice Of Intent (NOI) before 5:00pm on August 28, 2012 to: Attn: September Hearing Record, Mr. Neal Butt, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or in
person in Room 3023,400 Marquette Avenue NW. The NOI shall identify the person's name, address and affiliation.

Non-technical testimony may be provided at the hearing pursuant to 20.11.82.22 NMAC, but to ensure adequate time for review of submitted testimony, the AQD requests that vvrittcn comments to be incorporated into the public record be received at the above P.O. Box, or Environmental Health Department office, before 5:00pm on September 5, 2012. The comments shall include the name and address of the individual or organization submitting the
statement. Written comments may also be submitted electronically to and shall include the required name and address infonnation.

Interested persons may obtain a copy of the proposed regulation at the Environmental Health Department Office, or by contacting Mr. Neal Butt, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or by phone 768-2660, or by e-mail at , or by downloading a copy from the City of Albuquerque Air Quality Division website.

NOTICE FOR PERSON WITH DISABILITIES: 

### If you have a disability and/or require special assistance please call (505) 768-2600 [Voice] and special assistance will be made available to you to review any public meeting documents, including agendas and minutes. TTY users call the New Mexico Relay at 1-800-659-8331 and special assistance will be made available to you to review any public meeting documents, including agendas and minutes

### Butt , Neal T

.

From : 

### City of Albuquerque-Air Quality Division [nbutt@cabq

. gov]
S e nt : 

### Friday
, July 13
, 2012 5 : 05PM
T o: 

### Bull
, Neal T

. Subj ec t : 

### Notice of Hearing and Meeting- 20

. 11

. 3 NMAC

, Transportation Conformity

Follow Up F la g : 

### Follow up
Fl a g Statu s: 

### Purple



## Notice of Hearing and Meet ng

- 20 11.3 NMAC, Transportation Conformity

A LB U Q UE RQ UE- B E RN A LILLO CO UNTY A IR Q UAL ITY C O N TROL BO A RD N O T I CE O F H EA RI NG A N D R EGU L A R M EE TI NG

On September 12
, 2012
, at 5:30pm, the Albuquerque-Bernalillo Co unty A i r Quality Contro l Boa rd (A ir Board) wi ll hold a public hea r ing in the Vincent E. Griego Chambers located i n the basement leve l of the A lbuquerque- B erna l i ll o County Government Cen t er , 400 Marquette A ven u e NW. A lbuq u erque, 

## NM.

The hearing 

## will address: Proposa l to a m end 20.11.3 NMAC
, Transpot1ation Confonn i ty, and to incorporate an amended 20.11.3 NMAC into t h e New Mexico State Imp lementation P l an (SIP) for air quality. The Air Qua li ty Di v i s i on (AQD) oftbe City of Albuquerque Environmenta l If ea1th Department i s propos ing the s e amend m ents i n response to the promu lgation by the U

. S

. Environmental Protection Agency (EPA) of an amended federal transportation confonnity ru l e.

On March 14
, 2012, the EPA pro m u lgated changes to the transportat i on confonnity ru le. This m le became effective on Apr il 13
, 2012 [FR Vol. 77. No. 50
, 14979-14988]. 1 n response, and as required by EPA, the AQ D is propos i ng amendment s to update the loca l conf01mity regu l ation.

EP A's updated rule: EX HIBIT



### 2c

### The EPA has finalized changes to the transportation conformity rule to make the rule apply to any future new or revised national ambient air quality standards (NAAQS). The final rule
restructures two sections of the transportation conformity rule so that existing requirements will apply for any new or revised NAAQS. Restructuring these sections will reduce the need to amend the rule in the future merely to reference a specific NAAQS and will provide more certainty to transportation planners without compromising environmental benefits. This final rule ensures that air quality is protected and clarifies requirements for implementers. EPA has worked closely with the U.S. Department of Transportation to develop this final rule.

Background Transportation conformity is a Clean Air Act requirement that

ensures that federally supported highway and transit projects are consistent with SIPs. Confonnity helps protect public health through early consideration of the air quality impacts of transportation decisions in places where air quality does not currently meet federal standards or has not met them in the past.

Key Elements of the Final Rule The final rule primarily restructures two sections of the conformity rule, 20.11.3 .1 09 NMAC [ 40 CFR 93.1 09] and 20.11.3.119 NMAC [ 40 CFR 93 .119], so that the existing rule requirements clearly apply to areas designated for future new or revised NAAQS, thus reducing the need to amend the transportation conformity rule merely to reference specific new NAAQS. As a result of these changes, the conformity rule will apply to any new NAAQS that EPA establishes in the future. This rule also allows PM2.5 areas with clean air quality data to take advantage of conformity flexibilities that are currently available only to ozone areas.

Health and Environmental Benefits The final rule ensures that transportation activities are consistent with air quality goals of the transportation conformity program. The final rule ensures that all nonattainment and maintenance

areas use conformity tests that ensure air quality progress continues in areas that need to attain or maintain the NAAQS.

Following the hearing, the Air Board will hold its regular monthly meeting during which the Air Board is expected to consider adopting the proposed amendments to 20.11.3 NMAC, Transportation Conformity, and incorporating the amended regulation into the SIP.

The Air Board is the federally delegated air quality authority for Albuquerque and Bernalillo County. Local delegation authorizes the Air Board to administer and enforce the CAA and

### the New Mexico Air Quality Control Act, and to require local air pollution sources to comply with air quality standards and other air quality requirements.

Hearings and meetings of the Air Board are open to the public and all interested persons are encouraged to participate. All persons who wish to testify regarding the subject of the hearing may do so at the hearing and will be given a reasonable opportunity to submit relevant evidence, data, views and arguments, orally or in writing, to introduce exhibits and to examine witnesses in accordance with City of Albuquerque Air Quality Control Board Ordinance, Section 9-5-1-6 ROA 1994, the Bernalillo County Ordinance 94-5, Section 6 and 20.11.82 NMAC, 

### Rulemaking Procedures- AQCB.

Anyone intending to present technical testimony is required by 20.11.82.20 NMAC, to submit a written Notice Of Intent (NOI) before 5:00pm on August 28, 2012 to: Attn: September Hearing Record, Mr. Neal Butt, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or in person in Room 3023, 400 Marquette Avenue NW. The NOI shall identify the person's name, address and affiliation.

Non-technical testimony may be provided at the hearing pursuant to 20.11.82.22 NMAC, but to ensure adequate time for review of submitted testimony, the AQD requests that written
comments to be incorporated into the public record be received
at the above P.O. Box, or Environmental Health Department office, before 5:00pm on September 5, 2012. The comments shall include the name and address of the individual or organization submitting the statement Written comments may also be submitted electronically to nbutt@cabq.gov and shall include the required name and address information.

Interested persons may obtain a copy of the proposed regulation
at the Environmental Health Department Office, or by contacting Mr. Neal Butt, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or by phone 768-2660, or by e-mail at nbutt@cabq.gov, or by downloading a copy from the City of Albuquerque Air Quality Division website.

NOTICE FOR PERSON WITH DISABILITIES: If you have a disability and/or require special assistance please call (505) 768- 2600 [Voice] and special assistance will be made available to you to review any public meeting documents, including agendas and minutes. TTY users call the New Mexico Relay at 1-800- 659-8331 and special assistance will be made available to you to review any public meeting documents, including agendas and minutes

### Butt
, Neal T

.

From : Butt
, Neal T

. Sent : 

### Tuesday
, July 03, 2012 9:47AM
To : 'Dove Pennella'


### Cc : Terry Doyle (tdoy le@mrcog -nm.gov) ; Nieto
, Margaret 

# I AQD 

## EXHIBIT 

## 2 i 34 

# I

Subject : FW : 

### AQCB Petition No

. 2012-4 Petition to Amend 20

. 11

. 3 NMAC

, Transportation Conformity Dave,

Could you please fo rward this notice to the MTB pursuant to 

### 20.11.3.105.C.(2) NMAC, "Develop ment of Applicable Implementation Plans"? Specifically: 

### "U pon r e l

ease o f the fina l draft of the SIP revi s ion for pub l ic rev iew , the E H D sha ll subm it the final draft 

### document to 

### the MTB and agenc ie s in 

### Paragraph (I) of S ub section B of20.11.3. 105 NMAC for 

### review and com m ent 

### before fina l adoption by th e AQCB. The EHD sha ll provide at least a 30 day review and co mm ent 

### per iod cons iste nt 

### with CAA requirements. 

### Briefin gs 

### to the MTB s hal l b e pt·ov id cd upon request."

Thank You



# Neal Butt

Environmental Hea l th Scientist

Air Quality Division



### ( 505) 768-2660

"Easier to climb up than to just hang on ."

-- Ronald Harwood

From: City of Albuquerque

- Air Quality Division [mailto:nbutt@cabq.gov] Sent: Tuesday, June 26, 2012 3:25 PM To: Butt, Neal T. Subject: AQCB Petition No. 2012-4 Petition to Amend 20.11.3 NMAC, Transportation Conformity



# AQCB Petition No. 2012-4: Petition to Amend 20.11.3 NMAC, 

# Transportation Conformity

Click here to down l oad a copv of the petition This petition will b e
an item on the Air Quality Control Board Draft Agenda for themeeting scheduled for Wednesday, July 11, 2012, at 5:30pm, in the Council Committee Room, 9th Floor, Room 9081, City Hall.

Thank you for your interest,

Neal T. Butt Environmental Health Scientist 768-2660

city of albuquerque One Civic Plaza NW Albuquerque NM 87102

### Butt
, Neal T

.

F r om : Sen t :


### To : 

# f AQD 

### EXH I BfT 

# : 3b 

# I

Butt

. Neal T

. Tuesday
, July 03, 201210 : 39 AM
Aaron Sussman (asussman@m rcog-nm

. gov) ; de Garmo

, Andrew F. ; Anne Mclaughlin (anne.mclaughl i n@state.nm.us); Archuleta. Elias
, NMDOT ; Blake R oxlau (Biake

. Roxlau@state

. nm.us) ; Thompson
, Charles N .: claude.morelli@state.nm.us ; Coleman Burnett (Coleman

. Burnett@state.nm.us) ; Curt Frischkorn (CurtFrischkorn@state.nm

. us) ; Dave Pennella (DPennella@mrcog-nm.gov) ; Bauman
, Debbie ; Gail Cooke (gail.cooke@state

. nm

. us); H eitmann
, Greg (greg

. heltmann@dot.gov) : Jeff Riley (Riley.Jeffrey@epamaif.epa

. gov); Katherine Trujillo (Katherinej. truj illo@state.nm.us); Kerwin Singleton (Kerwin.Singleton@state.nm

. u s); Leonard Rivera (lrivera@ci.rio-rancho.nm.us) ; Macias
, Fabian ; Gould, Maggie S .; Marcus D

. Wilner (marcus.wifner@dot.gov); Nieto
, Margaret ; Matthew
, Ray ( ray

. matthew@state

. nm

. us) ; Lozoya
, Melissa 

### R. ; Butt

. Neal T .; Richard Meadows (rmeadows@bernco

. gov) ; Richard Moba r ak (rmobarak@bernco.gov) ; Rodolfo Mange-Oviedo (rodo lfo.monge -o viedo@do L gov) ; Brito
, Russell D .: Scott Sensanbaugher (ssensanbaugher@ci.rio- rancho

. nm

. us) ; Steven Montiel (smontiel@mrcognm.gov) ; Tamara P. Haas (tamarap

. haas@state

. nm

. us) ; Terry Doyle (tdoyle@mrcog-nm.gov): Thomas Kratochvil (Tom

. Kratochvil@state

. nm.us) ; T ony Abba (tony.abbo@state

. nm .us) ; Tony Ogboli (tony

. ogboli@dot.gov) Subject : FW : AQCB Petition No

. 2012-4 Petition to Amend 20.11

. 3 NMAC

. Transportation Conformity
Follow Up Flag : Follow up Flag Status: Orange



### DearTCTC,



### The Air 

### Quality D•vision 

### is proposmg to mcorporate the newly revised federal rule language Into our local rule. Pursuant 

### to 20

. 11.3.105.C.(2) NMAC, ''Deveiopment of Applicable Tmplementatfon 

### Plans"·



### "U pon re lease of the final draft of the S IP re v i s i on for public review
, the E HD sha ll s ubmit the tina ! dTaft do c um e nt to the MTB and a ge ncie s in Paragraph ( 1) of Sub sec tion B of 20.11.3.1 05 

## NMAC [e .g

. T h e affected agen des ac tin g in consultatio n in c lud e: E HD ; EP A ; FHW A; FTA ; MPO ; state DOT ; 

### l oca l publi cly-ow n e d trnns il operator: ap pro priate loc:al gove rnment tran s port a t ion agencies a nd la nd use plannin g agencie s (e

. g. c it y of Albuquerque at1 d Bernalillo county planning d epa rtm e nts ) ; and o lh er federa l and s tate agen c ies

as**ppr opri<~te.]**  

### f o r rev i ew and comment before 

## fina l adoption by th e 

## AQCB

. Th e E IID sha ll 

### provide at l east 

### a 30 day review and c omment period co n s i sten t w it h 

### C AA requ ir e ments. B ri e fing s to 

## the MTB s hall be provided upon reque s t. "

Please see notice below

. 

### lf you have 

### any questions please l et me know

Thank 

### You



# Neal Butt

Environmental Health Scientist

Air 

### Quality Divis i on



### (505) 768-2660

### From: City of Albuquerque-Air Quality Division [mailto:nbutt@cabq.gov] 

### Sent: Tuesday, June 26, 2012 3:25 PM 

### To: Butt, Neal T. 

### Subject: AQCB Petition No. 2012-4 Petition to Amend 20.11.3 NMAC, Transportation Conformity**==~~~~~=~=~~==~=~!.!** This petition will be Control Board Draft Agenda for the meeting Wednesday, July 11, 2012, at 5:30 pm, in the Council Committee Room, 9th Floor, Room 9081, City Hall.

Thank you for your interest,

Neal T. Butt Environmental Health Scientist 768-2660

city of albuquerque One Civic Plaza NW Albuquerque NM 87102

### !Direc t T es timon y fo r H e arin g r eg ardin g 2 0

. 11. 3 NM AC, 

### Tr a n s p o rtat io n

C

on

fo rm ity j

S lid e 1 : C ap t i o n f A Q

l> 

## EXHIB IT 

# I '- 

# J

Thank you Madam Chair Upson
, and members of 

### the Board

. My name is 

### Neal Butt . I

am an Environmen tal l lea lth Scientist with the Air Quality Divi s i on , Control Strategi es

Section. I am her e

I N TH E MATTE R OF T H E P E TITIO N TO A ME ND 2 0

. 11. 3 N M AC,



### T

R ANS PORT A TLONCO NFOR MI TY, AN D I NC ORPORATE S AID

AM EN DM EN T S INTO TH E NE W M

. EX I C O STAT E IMP LEMENTATIO N PL AN

F OR 

## AJR Q UAL I TY(S lP ) A Q C B Petition No

. 2 01 2

- 4

S LID E 2: Wha t i s tr a n s p o rtation co nformi ty?



### Transportation confonnity i s a Clean Air Act (CAA) requirement that ensures that

federa ll y-f-unded highway and tr ansit projed s are consistent with
, o r "conform to" the

s tate a i r quality implementation plan or ' ' SIP". Transportation Confmmity helps protect

pub lic hea lt h by r equiring early consideration of the potential air quality impacts of

transportation d ec isions made in places where air qua l it y doe s not currently meet federal

s tandard s or ha s not met them in the past.

SL ID E 3 : Rea s on fo r prop os ed a m e ndm e nt s t o 20.11 .3 N M AC, 

### T ra n spo rt ati on

Co n for mi ty

### On March 14, 2012, the U.S. Environmental Protection Agency (EPA) promulgated

changes to the transportation conformity rule, which became effective on April 13, 2012

[FR Vol. 77, No. 50, 14979-14988]. In response, and as required by EPA, the Air

Quality Division, of the City of Albuquerque Environmental Health Department is

proposing amendments to update the extant conformity regulation to comport with the

federal rule.

SLIDE 4: EPA's Changes to Transportation Conformity



### The most significant effect of the finalized federal rule amendments is that it restructures

two sections of the conformity rule: 40 CFR 93.109, which is parallel to your Section

20.11.3.1 09 NMAC and 40 CFR 93.119, which is parallel to your Section 20.11.3.119

NMAC, so that the existing rule requirements will apply to areas designated for future

new or revised NAAQS, thus reducing the need to amend the transportation conformity

rule merely to reference specific new NAAQS. As a result of these changes, the

Conformity rule will apply to any new NAAQS that EPA establishes in the future. In

addition, this rule also allows PM 25 

### areas with clean air quality data to take advantage of

conformity flexibilities that are currently available only to ozone areas. A detailed

comparison of the proposed transportation conformity rule restructuring amendments to

the current rule is illustrated by the table generated by EPA as shown in AQD Exhibit #



### 7.



### SLIDE 5: Request

2

### This hearing has been legally noticed as shown by AQD Exhibit 2a, 2b, and 2c. There

have not been any negative comments received regarding these proposed amendments,

only a correction to the text suggested by EPA, shown as AQD Exhibit# 6, and

incorporated into the staff proposed floor amendments shown as AQD Exhibit# 5.

Therefore, The Environmental Health Department of the City of Albuquerque, by

and through the Air Quality Division (AQD), asks the Albuquerque-Bernalillo County

Air Quality Control Board (Air Board) to adopt amendments to 20.11.3 NMAC,

Transportation Conformity, as shown in AQD Exhibit # 1 a and as amended by Staff

Proposed Floor Amendments, shown as AQD Exhibit# 5, and submit said amendments

to (EPA) as a revision to the SIP.



### SLIDE 6

Questions



### That concludes my presentation, and I request that exhibits # 1 through # 7 be moved into

the record {"so moved"}; I stand for questions.

3

# Transportation Conformity

• Clean Air Act requirement

- Ensures that federally-funded highway and transit projects "conform to" the "SIP"

- Ensures that public health is protected

• Early consideration of the air-quality impacts of transportation decisions

- e.g. Non-attainment & Re-Attainment areas

# EPA Promulgates Rule Amendments

• EPA promulgated changes March 14, 2012, effective April 13, 2012

- Local rule update required to comport with federal law

# Changes To Transportation Conformity

• Restructures 20.11.3.1 09 NMAC [40 CFR 93.1 09] and 20.11.3.119 NMAC [40 CFR 93.119]

- Existing rule requirements will apply to areas designated for future new or revised NAAQS, reducing need to amend the transportation conformity rule for new NAAQS

- Will apply to any new NAAQS that EPA establishes in the future



# • Allows PM 2 5 

# areas with clean air quality data to take advantage of conformity flexibilities that are currently available only to ozone areas

# Petition To Amend Transportation Conformity

• Legally noticed

• No negative comments received

• Amend 20.11.3 NMAC, and incorporate amended rule into SIP.**~** ...... ... 

### .**·-~···. -~** **.:':"":~** .... _.: '

.. "..:.**~-=-·.**STAFF PROPOSED FLOOR AMENDMENTS

I (25)**TC<;;-~l,!liS~ortatlo.!l** _!:Q0!<1i!!a!i!l&**<!_O!Jl.!'lit!e~** _ _ _ _ ______ _ 2 (26} TCM-trnnsportation control measure 3 (27} TCTC-transportation confonnity technical committee 4 (28) TIP-transportation improvement program 5 (29) VOC-volatile organic compound 6 (30) VMT-vehicle miles traveled {FR Vol. 77 No. 50 pp. 14979-88 3 ' 14 1 12 re: 40 CFR 93

. 101} 7 (7 1l t 98; 20.11.3.7 NMAC- Rn, 20 NMAC 11.03.1.7, &A, 6 / l /

02; A, 6 1 13 1 05; A, 12117 08; A, II 15110) 8 9 20.11.3.8 VARIANCES: (Reserved) 10 [7 1 1 /98; 20.11.3

. 8 NMAC- Rn, 20 NMAC 11

. 03.1.8, 6 1 1 1 02) II 12 20

. 11.3.9 SA VJNGS CLAUSE : Any amendment to 20.11.3 NMAC that is filed with the state records 13 center shall not affect actions pending for violation of a city or county ordinance or board regulation. Prosecution 14 for a violation under prior regulation wording shall be governed and prosecuted under the statute, ordinance, part or 15 section in effect at the time the violation was committed

. 16 [711 98; 20

. 11

. 3.9 NMAC- Rn, 20 NMAC 11.03.1.9, 6 1 I 02; A, & 13 1 05) 17 18 20.11.3.10 SEVERABILITY : Ifany section, paragraph, sentence, clause or word of20

. 11.3 NMAC or any 19 federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, 20 the decision shall not affect the validity of the remaining provisions of20.11.3 NMAC

. 21 [7 1 1 / 98; 20.11.3.10 NMAC- Rn, 20 NMAC 11.03.1.10, 6 ' 11 02; A, 6/ 13 1 05) 22 23 20.11.3.11 DOCUMENTS : Documents incorporated and cited in 20.11

. 3 NMAC ma y be viewed at the 24 Albuquerque environmental health department, one civic plaza**NW~** 

### 1-1 suite 3023, 400 Marquette NW. 25 Albuquerque, NM 87102

. 26 [7 ' 1 1 98; 20

. 11.3.11 NMAC- Rn, 20NMAC 11.03.1.11, 6/ l i 02;A, 6113 1 05] 27 28 20.11.3.12 [Reserved) 29 (7 ' 1 / 98; 20.11.3.12 NMAC- Rn, 20 NMAC ll.03

. LI2
, & A, 6d 1 02; Repealed, 6113
, 05] 30 31 20.11.3.13 to 20.11.3.102 [Reserved] 32 33 20.11.3.103 PRIORITY : When assisting or approving any action with air quality-related consequences. 34 FHWA and FT A shall give priority to the implementation of those transportation portions of an applicable 35 implementation plan prepared to attain and maintain the NAAQS

. This priority shall be consistent with statutory 36 requirements for allocation of funds among states or other jurisdictions. 37 [20.11.3

. 103 NMAC- Rn, 20

. 11.3

. 200 NMAC, II 15/10] 38 39 20.11.3.104 FREQUENCY OF CONFORMITY DETERMINATIONS : 40 A. Conformity determinations and oonfo rmity redetermination for transportation plans, TIPs and 41 FHWNFTA projects shall be made according to the requirements of20

. 11.3.104 NMAC and the applicable 42 implementation plan. 43 B. Frequency of conformity determinations for transportation plans: 44 (I) Each new transportation plan shall be demonstrated to confonn before the transportation plan is 45 approved by the MPO or accepted by DOT

. 46 (2) All transportation plan amendments shall be found to conform before the transportation plan 47 amendments are approved by the MPO or accepted by DOT, un less the amendment merely adds or deletes exempt 48 projects listed in 20.11

. 3.126 NMAC or 20.11.3.127 NMAC. The conformity determination shall be based on the 49 transportation plan and the amendment taken as a whole. 50 (3) The MPO and DOT shall determine the conformity of the transportation plan (including a new 51 regional emissions analysis) no less frequently than every four years

. If more than four years elapse after DOT's 52 conformity determination without the MPO and DOT determining conformity of the transpor tation plan, a 12 -month 53 grace period will be implemented as described in Subsection F of20

. L 1.3.104 NMAC

. At the end of this 12-month 54 grace period
, the existing confo rmity detennination shall lapse. 55 C. Frequency of conformity determinations for transportation improvement programs: 

# i Comment: Page 7 of PRD**~** 

### AQD EXHIBIT 

# i 5 

# ISTAFF PROPOSED FLOOR AMENDMENTS

I 

### lfl lt nonatta1nmeqt 

### area that has approved or adequate motor vehicle ewissions budseu. in an**ap~licab!e** 2 jmolementntion plan or imo!cmentatjon plan submission for another NMOS of the same oollytant. the following 3 tests must be satisfied: 4 (a) If the nonnttainmcnt area covers the same geo!!J11phic area 

### as another NAAOS of the same 5 oollutpnt. the budget test 

### as reauired b) 20.11

. 3.118 NMAC using the approved or pdeauate motor vehicle em1ss1ons 6 budgets for that other NAAOS: 7 (b) If the nonattainment area covers a smaller geographic area within an area for another 8 NAAOS of the same POllutant. the budget test as required by 20.11.3.118 NMAC for either ; 9 (j) The nonat1a1nment area. using corresoonding oortion(s) of lhe aoprovcd or adeauatc I0 motor vehicle emissions budge IS for !hat other NAAOS. where such oonionCsl can reasonably 

### be identified through II the interagency consulta ti on process required by 20

. 11

. 3

. 1 05 NMAC. or 12 (ill The area designated nonanainment for that other NAAOS

. using the approved or 13 adeauate motor vehicle emissions bud&e!S for lhat olher NAAOS. lfaddtl!ona ! emissions reductions ore necessary 14 to meet the bud&et test for lhe nonanainment area for a 1\:AAOS in such cases. these emissions reductions must I 5 come from within such nonnttainment area, 16 (c) If the nonattamment area covers a larger geograpluc area and encompasses an entire area 17 for another NAAQS oflhe same pollutant. then either Item Cil or (ii) of Subparagraph Ccl of Paragraph 

## m of 18 Subsection C of20,11.3.109 NMAC must be met: 19 (j) I hi The budget test as required by 20.11.3

. 118 NMAC for the Portion of the 20 nonattninment area covered by the approved or adequate motor vehjcle emissions bud Rots for that other NAAOS: 21 8!!d 2. the interim emissions tests as required b v 20.11 .3. 1 1 9 NMAC for one of the following preqs ; !he oortion of 22 the non attainment 

### !lfea not covered by the ppproved or adeauate budgets for that other NAAOS: the entire 23 nonanainmcnt area: or the entire oonion of the nonanainment area w1thin 

### an individual state. jn the 

### case where 24 separate adequate or approved motor vehicle emissions budgets for that olher NAAOS are established for each state 25 of n multistate nonanninment or maintenance orca

. 26 <ii l The budget test as required by 20.11.3

. 118 N MAC for the entire nonnnainmen! area 27 using the approved or adequate motor vehicle emissions budgets for that o!her NMOS

. 28 (d) If the nonanainment area onrtially covers on area for another NAAOS of the same pollutant 29 !il The budget test 

### as required by 20.11.3

. 118 NMAC for the portjon of the 30 nonanainment area covered by the corresponding portion of the approved or adequate motor vehicle emissions 31 budgets for that o!her NMOS. where they can be reasonably identified through the interagency consul!ation 32 process required by 20

. 1 1.3

. IOS NMAC ; and 33 (iil The interim emissions tests as required by 20

. 11 3

. 119 NMAC. when applicable. for 34 either : !he oonion of the oooanainment orca nol(:overed by the aoorove<l or adequate budgets for that other 35 NMOS> the entire nonauainment area; or tbe entire oonion of the nonattainment 

### area wj!hin 

### an individual state. 

### m 36 the case where separate adequate or approved motor vehicle emissions budgets for that other NMOS ore 37 established for each state of a multistate nonattainment or maintenance area

. 38 ()) In a nonattainment 3ICB. the interim emissions tests required by 20

. 11,3

. 119 NMAC must be 39 satisfied for a NAAOS i f neither Paragraph (I) nor paragraph (2) of Subsection C of20

. !1.3

. l 09 NMAC aoohes for 40 such NAAOS

. 41**[~1(1}** An ozone nonattainment area shall satisfy the interim em1ss1ons test for NO., as requ1red by 42 20

. 11.3

. 119 NMAC
, if th e implementation plan or plan submission that is applicable for the purposes of conformity 43 determinations is a I 5° • plan or [phase I auaiftlftenl aemeaslfalieR) other control strategy SIP that does not include a 44 motor vehicle emissions budget for NO,. The implementation plan**for(~--].!!!!** NAAQS shall be 45 considered to establish a motor vehicle emissions budget for NO, if the i mplementation pion or p lan submission 46 contains un explicit NO, motor vehicle emissions budget that is intended to act usn ceiling on future NO. emissions, 47 and the NO, motor vehic l e emissions budget is a n et reduction from NO
, emissions levels**in[~)** the SIP's 48 baseline year. 49 ( {4) Oi!ene nenatllliRmef!H!ri!lls lftat I'Nl"e net Sllemiltea 11 meintenanee pl&llllREI that ere Rei req11ireel 50**~it** aeeRtf(!l**s!JIIte~** illlplelflentelien plan r<!"isieR fer tile I l!ewr alene l>IAs'\Qii (11511&11)' m&rgtAel and bet au 51 9fo!i9)**~llall** setisf) ane eftlle fellewiAt Mjlliremi!Ris : 52 !a) Yte int erim emissiens**e~IS** Rlltllirt!d**by21J II.l** **1191>1~1:1'.C;** er 53 (e)**~e sta~lkti** **bfllilte** ePA an iR!plefllenllltien 11lllft**re..;~ioo** 1{1, ll!e I lle11r ai!ene I>I.".I'.Q& 54 Ilia I eenl!lins tAeler • el!ieJI!**c~t~i~sien;** l!t18ge1(s) Ill! II a A!115ell881e flo Aller l'tegHSS er IIIIBIAR!enl deMei\SIA!UeA. &fld 55 lftt! bwilgltl test**~lliFN** by lQ.II.J.II g I>**~v..c** shall be sawsfted IISiAg thl' aaeqll&te I:W &JIP!e"ed R!Bier " ell tell! 56 eR!issieM**bwdge~s)** fas deserilled iR**P~pll** (I) eHiwl!5eelien C eflG

. II**~** IGO**~HAC) .j**  Com m ent: Page 19 ofPRD n: 20.1 t.3.l09.C .( 2)

. (ct.(i) NMAC 

# JSTAFF PROPOSED FLOOR AMENDMENTS

I {5) Notwithstandin&.[P&AgH!IIl (I) and**Pa~ph** 

### l1U Pa111U@QN 

### r II. <21 and l3l of Subsection C of 2 20.11 3

. 109 NMAC, [mederete&:Ad alle"e El!ane) nonattainment areas with [!F.:ee ye8f5 ef] clean data**for[~** 

# f**~** Comment l'age 20 of PRO re: 1 20

. 11.l

. I09

. C

. (S) .{ a) NMAC & lOS 0 J 3 heur eil!ene) NAAQS that have not submitted a maintenance plan and that EPA has determined are not subject to the 4 Clean Air Act reasonable further progress and attainment demonstration rcqutrcments for [lhe I lla11r ail!ene] that 5 NAAQS shall satisfy one of the following requirements: 6 (a) the buslgettest or the interim emissions tests as required by 20

. 11.3

. 118 NMAC and 7 20

. 1 1.3

. 119 NMAC 

### as described in Paragraph (2) and (3) l w l of Subsection C of20. 11.3. I 09 NMAC; 8 (b) the budget test as required by 20.11.3

. 118 NMAC, using the adequate or approved motor 9 vehicle emissions budgets in the submitted or applicable control strategy implementation plan for the [I lleur**~ene]** 10 NAAQS for wbjeb \he area is designated nonanainment (subject to the timing requirements of Paragraph (I) of II Subsection C of 20.11.3.1 09 NMAC; or 12 (c) the budget test as required by 20.11.3

. 118 NMAC, using the motor vehicle emissions [ef 13 ezene pFKIIFSeFS] in the most recent year of[ele&fl dale as meier· e!Usle em:issieRS lludgel5, ifS\IGII budgeiS ate 14 es111hlisheil h)' lhe i;P,'\**Rtlem~ng** lfta1 determines lh&tllle life& has ele911 da111 l'er lhe I he11r eo"ene**"l,<~.AQS]** 15 attainment as motor vehicle emissions budgets. if the state or local air quality agency requests that the motor vehicle 16 emissions in the most res;ent year of attainment be used as budgets, and EPA approves \he request in conjunction 17 with the rulemoking that determines that the area has attained the NMOS for which the area is**de..~ignated** 18 nonnnainment. 19 (6) For the PMJ.ll NMOS only, the interim emissions tests must be satisfied as required by 20 20.11.3.119 NMAC for co n formity determinations made if the submitted implementation clan revision for a**P~** 21 nonanainrnent 

## area js a demonstration of impractica b ilitv u nder CM Section I 89<a)( I XBl(ii) and does not 22 demons!I'l!tc anajnment

. { FR Vol. 77, No. 50, pp. 14979-88, 3 14 ! 12, re: 40 CFR 93

. 109(c)} 23 D. (8 lt &llf' e;eeAr NM Q S n e nakainment &RdmainleA & A

I!e-e F4!B s witileu l tn e ter**,.,~** 24 elftissiaiiS**llullg~ s**  fe r til e J il e ur e;ee n e NM Q S fe r &Ry pert i an 

### er til e 8 lteu r n e nan a iRitll'nl an a l H oi-S Q Ot 25 con formlh test re q uirements for CO.**PM~** and P M!ll non attai n men t ond maintenance areas

. { Suhseelien D 26 BflO.II.l

. l Q9**~~~ AC**  apJlliH ta &fees !bat eo eR ne" er**Elesigt~ati!EI** nBnaRilinmem l'er Lite I he11r elcene**~I** '\sO.QS ll!ltl 27 &Res lllal v• eri! di!SigABII!!d**neRa~aillll'l~lll** l'er lhe 1 ha11r ei!oene NAAQ.S h111 1ke1 Ri!"I!F**st~hmilleEI** a eeA!fel Slfllll!g)' 28 SIP er mainten&flee plan 'l'ilh appreved er aileq1111te meter "ekiele emissiens budgel5. li11hseetteR D ef2Q.ll.lJQO 29**~MAC** applies ene yl!llf itlln lfte**e~f'eeti•** e date ef ePA's nenallaiAmef\l Elesignatien l'er lhe 8 lleur eil!ene ;>olAAQS 30 ler &:A area, aeeerEii11g te Suhseet-ien Q ef:!Q

. II.J

. 2 NMAC.) This provision applies jn accordance wsth Subsection 31 D of20

. 11.3

. 2 NMAC for a NMOS and until the effective date of an) revocation ofsuch NAAOS for an area

. In 32 addition to the critena listed in Table I in Subsesrtion B of20

. 11.3

. 109 NMAC that are required to be satisfied at aU 33 times, [in sueh 8 lle11r**e~ene]** project-level conformity determinations in CO. PMJ.ll and PMu nonattainment and 34 maintenance areas I Hflfermilt dttH'min•tioo'l shall include a demonstration that the [h11dge1 er iRteRm emissiens 35**~]hot-soot** tests for the applicable NAAOS are satisfied as described in the following. 36 ( (I) lA stteh 8**he~t~** ezeRil nenalt&illflleRt aad maiRII!aaflee areas ll!e b11tlge1 test shall**h~** sahslied 115 37**r~11ir~** by 10

. 11 3

. 118**l'I~4AC** fer eeel'ermity determinatiens made en er aAer. 38 (al lfte**e~li"e** dele ef&P,'\'s lifldiAg lilat 11 FReier nlliele emissieRs h11dget tn a sullmttted 39 eeAII<el Sl:fBI1!8:) 1 tmJ11emeA19hB11f!I8:A fl!' isiBB er mainleRaeee pi &:A fe r lhe 8 lleltf 9Z811! "IAAQS !§ Bd11111a1e Hlf" 40 lf'liRSJIBRBiien eenli!rmity purpeses; 41 (II) lilt! j!YI!Iis&tien dolle ef EP

.'\'s Bflprt)\ ' 111 ehuell a budget in the rede111l A!gtsle.; ar 42 (e) the eliestin diite Bf ePA's BJIJi f e'llll efs11eh 8 h11ilge1 in the**~eral** reg!SII!f, 1fs11eh 43 appre••al is**&emf!leti!Eillt:~llgh** dirall A11al Nlemaking

. 44 (l) In e;oene neneliaillfllenl 111'1!115 tlle1 llfi! requirell te sullmu a O'!eAlral sll'ategy im111ementeuen Ill &:A 45 re¥isieA l'er llle 8 lloor**e1en~t** i'IMQS**(us~tall)•** meEiefi.U e aee alle"e and eertain Cli!llll A:tF Ael, Port Q, lillll!lart**~** 46**twa~).** Ike iateAFA**esflissieM-t~~tisAed** as relijuireEII!y ::W

. I 1.3

. 119 NMAC l'er ee n fermity 47**Eletermiaat e~**  made when th e re is n e eppre •ell meter v ekiele emisstef\s bull gel ftem 811 epplie11ble itnpletfleAI9UBA 48 plan feF Ike 8 lleur**e~ne ~IA>"** **QS** MEl ne adeq u ate meter "elliele emissiens bu dget ffe 1 11 a Sllemllted &EHilrel 49 siFBtegy irnplerneAI&tien plan revisten er rnaialeA&aee plan fer lhe 8 lleur**~e e**  ).1/lu'\QS. 50 (:l) S11ell IHl 8 heur Bil!ene nenaltainment l!l'e8 shall satisfy the inteRm emssstens tes t fer**1>10,~** 51 f@ljllired hy 2Q

. II

. l

. ll9**~I** MAC, ifllletml'lemealaliea plea er plan s11brnissten lllat is &flpheal!le fer tile flllrpeses ef 52 eenlt!Rftiry**det~rmiflatieRS** is 11**~~~~** f!lan er elker eeAirei&IAiegy SIP tllat**aEiilr~ssH** reasenablt f\lflher pregFeSs that 53 dets nel iAelllde a meter "ehiele el!'lissiens ll11dgel l'er**~10.** The tmplemenllll!ellplaa l'er lhe 8 keur ei!BRf 

### I>• • "

.."•Q!i 54 will he eensidered te es18hlisll a meier Yeluele emissiens hHEiget fer l>lO. tf Ike tmfllemeatalteA pl1111 er ple11 55 sYI!missien eenleiRS 11ft**e~tplieil** >lO. melef \ eluell! emisstaRS ll11dgetllla1 tS iateeded IB ae1 as a et>illng**~** 56**~.** emissieas 1 &Ail tile >10, fft81er veluele emisste85**l!~tdge1** IS a ne1 reG11e1ien lfem NO

. emtsstens**le~ els**  tn 2001STAFF PROPOSED FLOOR AMENDMENTS

I 

### W ll!e**e~!i"~** date e f B!_)A**·~ ~[!f1~8"BI**  ef**sue~~** budget ifllhi!> federal**regi~te1 :,** **tfsue~** ___ _ 2 BfJJIFElYitl is il8R!!Jiett!tl Ulre11gl! direet ll11rtl Flllemaltiflg; 3 ( 3) i!.'IGeJ'IIIIS pre\•iiled iA Pi!MgR!JII! (4) efSubse&li8A F ef:W.II

. J

. IQ9 NMAC, iA 00**liBAa~iAFAellt** 4 iW65 !he ifllceflm l!>missiei'IS teslS sllall be setisAell as required by 2G

. I L3.1191>lMAC fer e&.-lfefft!ity deteFFAinatieAS 5**rAe6~** 'J'III!A Ulere is 11e BJIJ!re· ed rAster**.;el!i~le** tlfAISSieRS I! liGget HerA &A applieeble irAplerAeAtelieR pleA aAII Ae 6 eEieijUEIU! Rl8t8r \•elliele erAissieAs**bt~dg,et** 

## r"""' a subrAitteEI e8Riofel slfftteg) implementellell J!I&B revisi 8A er 7 maintenaRee plan; 8**(~)** CO A8AEIRail!fAI!AI 8feas that lla"e 118t Sl!bmitted a ma ' iRII!IIIillee phm aREf lbatere RBI filll:llireEite 9 Sllbmil Btl attailllJleet demeRstratien (e.g. rAeEieFate CO areas w•UI a desigR "Bille 8f I 2.7 ppR! er less er eel 10 e lass ilieEI CO llfl!IIS) sllitll satisfy 8111! eftlle fell8wiAg re(jlliremeeiS : II (a) ll!e iAteRm ell!issieAS l('Sis re(jtiiR'Ei l!y 29.1 1.3

. 119 .,I MAC; er 12 (b) llle state sllall s11bmille EPA aft imJ!II!rAI!AiatieA pi9A re• 1si8A ll'.st seelei As rAetef Yel!tEie 13 t!ftlis5iens b11dget(s) &Ad &A alleil!fAeAI demeASiflitieA 1 BAd llle**ll~tdgetlesl** Fe(jl!iret! by 20

. 11.3.118**~I** MAC sl!all be 14 satislied I!SiRg tlte aeleql!ate er &JlflFe •ed rAster "eluele emissieas b11dgel{s) (liS dl!!lefibed i11**P~g,a!!lt** (2) ef 15**~llbseelieA** f af29.1 U.IQ9**~IM,A.C).** 16 C. Pl'tw Ae R oHaiRment and**rAaiRtenaRe~** lf'eas; IR additien te lite eRteFia listed ifl T-a91e-HA 17 SllbseaaeA 8 ef2G.Il.J.IQ9**~I** MAC tllat are**r~qt~irellte** lie selisliet! at alltRIIes, iR**PI'\ ~**  neRaUaierAentaRd 18 rABifltettaAee Bft!BS eeAfefftlily EleterrAiAatiells sltall**iAe1t~Eie** a ElemeAs!faliee mat tke he1 spat, l!tulget er iAteRift 19 emissieAs tests ere satislioo as el!sEFibed iR 

## me l'ellewtAg:] 20 [t4](l} FHW NFT A projeclS in PM 1n non-attainment or maintenance areas shall satisfy the 21 appropriate hot-spot lest required by Subsection A of20.11.3

. 116 NMAC ; and 22 [ (2) lA PM.,Q"fteAal\ail!fAeAI Mil rAaiAieAaAee Qfeas "'kere a ll11dget 's S llb!lliued fer tlte**2~** llettr**PM ~**  23**~IAuo\QS,** the b11dgettest shall be satist:iell liS**req~tired** II) ' 2Q

. II

. 3

. 118**~IM,.\C** fer**ee11faFFAi~** EleteABiRet.ieAs made 24 eA er aAer : 25 (a) tile eA"esti¥e dale ef ePA's HRdiRg !hat il meter velliele emissieBS**ll~tdget** ill 8**Sll~** 26 eeRIJ'el stfateg,• illlple!MeRlatiell pla11 rowisie11 er JftBIRieA81!ee pi &A is IIEII!E!:Il&te fer lf66SpeRalieR O?eAfeflllity 27 JIIIFJ!9Ses; 28 ( b) !he publiealfeA date ef ePA. s 8fljlF8"a1 efsllel! 8 Blldget iAI:I!e fedl!fal regisll!fl er 29 (e) llle elfeetiYe date ef ePA's 8!!fJFEl"ill efSIIel! ablldgel in lite federal regislW.**ifs~tel!** 30 llJli'Fe'<'lll is eem!!leleEI lftre11gll elireet f.i Ritl**r~~lerA&IEiAg .**  31 (3) PFierte PaFBgrapll (2) efSilbseetieR G ef2G

. II

. J

. IQ9 NMAC applyYig
, 

## me**et~dgettest** milS I be 32 sat

. isliet! liS reqlliRd lly 2G.I I .l.1 18**I** MAC I!SiAg llle apprevet! er**a6e~tl!ale** rAster ·>eltiele emi5si£1As lllldget 33 establislleEI ferllle revelled**&Mt~al P~~** **~IAAQS 1**  ifs11eh a b11dget ex isis 34**(~)** h t**P~ .,**  eeRIIKaiAFAeAl Meas the iAtertm erAissieAs tesls sllall be satislted as**req'!ir~** 35 2Q

. 11.3.119l>IMAC fer eeAfeFFAit,• deteFFAiRIIIieAS fR&ele: 36 (a) iftllere i5 R9 eppf8Yi!tl Aleter velliele erAissi9R!l budget frerA an afJplieaele implemeAieli9B 37 piM &Ad A8**ede~tt~ate** meter .,elliele erAissieAS b11dget frem a sub milled eeAtrel stfategy**irApleR!eAI!II'te~** 38 re\•isieA er maieleAanee pla11; er 39 (b) if the**st~emittet!** iR!pleR!eAietien fllaa re"isoieR is a derAei'ISIA'Iliea efirAJlflleUeabili"' I!AEier 40 CAA**~e~eA** 189(a)(l )(:Q)f ii) 8fld dees A9t demellslfilU! euainmeAt... 41 

## u. NO; AeAattaiRmeRt and mainte&&Ree areas! lA edEiitieA te the efiteRa listlold iA Table I ie 42**S~tllseelieA** 8 ef2Q

. I1.3.1G9**~I** MAC tilal 81'1! re.tlliret! 19 lie satisfied at all**~rAes,** i11**~10.)"fi91laUainmeAt** 111Mi 43 maiAieRanee areas eenfermily deti!FfAiRalieAS skall iAeii!Eie a demeRs!FatieR that tile b1:1dget er inteAm emissieAS 44 tests ere salisliell as deseFibeEI i11 llle felle " •ing : 45 (I) lA f>IO• neRaRaillfAt>Al and matAlenaAee areas t-he budget test sllall lie satislied as retlllired 

### ey 46**~** 18**l>1~4AC** fer**eeAfeFFAi~·** determinatiens R!ade eA er after : 47 (a) the effeeth•e date ef EPA's HAEIIRg that a meter "ell1ele l!!miSSIBIIS 1!11dg-et i11 a swllrei"ell 48 98ftiJ'&I..sl:f3tegy-implerAeAtatieA pleA reYisieA eF-fll!ltflteRooee p19A is adeql!ate fer lraAspertatleR eenfeFFAily 49 pl!rpeses; 50 (II) the publieatieA Elate ef ePA ·s appr9"al ef s11eh a e11dget iA tlte federal register; er 51**(~** Ule l:'ffeetive Elate 8f ePA·s**appK:~"al** efs11eh e**llt~Eigel** iAthe federal register
, ifs 11eh 52 appm•,al is**ee~Hpletoo tlb~gll**  direetliAel FlllerABkiAg.- 53 (1) 111**~0;.** AeR&UIIillfAeAt areas tile iAl<!Fim ereissieMiests sllall be sa1islied as Fe(jllired l!y 54 }9. 11.3.119**~~~ 4AC**  fer eeAfeffflt"' det8Aft!RIItieAS made when lllere is ne**~l!'e·•ed** rAeter \ ebiele erAissieHs ltu!lget 55 frerA BR applieallle ireplemeAteli8B plaR aRd Ae adettiHI!e meter Yel!iole**~rAiss•9115** l111dget t:'FElfA a**st~II~Hi!led** oentrel 56 slf.Btegy implerAeRiet,ieA plan reYisieR ar maiAteAaRee plaJt

. 

# i
Comm e nt : Page 23 of PRO

. re· 20.11.3.109

. G.(2) NMACSTAFF PROPOSED FLOOR AMENDMENTS

I**~0.11.3.119** CRITERIA**~D f'.RO<:;_EDURES:**  iNTERIM EMISSIONS IN**~AS** W ITHOUT 2 MOTOR VEHICLE EMISSIONS BUDGETS: 

# l Co mm e n t: Page 33 of PRO

3 A. The transportation plan, TIP and project not from a conforming transportation plan and TIP shall 4 satisfY the interim emissions tcst(s) as described in Subsections C through [N]Q of20.11.3.1 09 NMAC. This 5 criterion applies to the net effect of the action (transportatio n plan
, TIP or project not from a conform ing 6 transportation plan and TIP) on motor vehicle emissions from the entire transportation system

. {FR Vol. 77, No. SO, 7 pp. 14979-88, 3 1 14 ,(2 re: 40 CFR 93.119(a) 8 B

. Ozone areas: The requirements of Subsection B of20.11.3.1 I 9 NMAC apply to all**[~** 9 ai!!ane ilf!B 8 l!all£ ozone] NAAQS areas, except for certain requirements as indicated. This criterion may be met: 10 {FR Vol

. 77
, No

. SO
, pp

. 14979

- 88
, 3 14 12 re : 93

. LI 9 (b) } II (I) in moderate and above ozone nonattainment areas that are subject to the reasonable further 12 progress requirements ofCAA Section 182(bX I) if a regional emissions analysis that satisfies the requirements of 13 20

. 11.3.122 NMAC and Subsections G through J of20.11.3.119 NMACdemonstrates that for each analysis year 14 and for each of the pollutants described in Subsection F of20.11.3.119 NMAC: 15 (a) the emissions predicted in the "action" scenario a

. rc less than th e emissions predicted in the 16 "baseline" scenario, and this can be reasonably expected to be true in the periods between the analysis years; and 17 (b) the emissions predicted in the "action" scenario are lower than emissions in the baseline 18 year for that NAAOS as described in Subsection E of20.11.3

. 119 NMAC b v any nonzero amount {FR Vol. 77, No 19 50, pp

. 14979

- 88,3
, 14
, 12 re : 93

. 119(bX I )(ii)}**[~** 20 (i) I 09Q emissiaRS I!)' lillY nelli!!eFe amaunt , in are115 far Ute I llaYr Bi!&A&**~iA.'\QS** &S 21 aeseFil!l!ll in**Sul!see~iea** C ef2Q.I U.IQ9 NMAC; er 22 (ii) 2QQ2 em+ssiens I!) ' any nalli!era amaunl, in areas far Ute 8 haur azane**~IMQS** as 23 lleseFiel!li in Sul!seetiBfl D end**SIII!See~ien** 

## e ef2Q.I1.3.1 Q9 }'IMAC] ; {40 CFR 93.119(a)( l)(ii)} 24 (2) in marginal and below ozone nonanainment areas and other ozone non attainment areas that are 25 not subject to the reasonable further progress requirements ofCAA Section 182(bXl ) if a regional emissions 26 analysis that satisfies the requirements of20.11

. 3.122 NMAC and Subsections G through J of20.11.3.119 NMAC 27 demonstrates that for each analysis year and for each of the pollutants described in Subsection F of20.11.3.119 28 NMAC: 29 (a) the emissions predicted in the "action'' scenario arc not greater than the emissions predicted 30 in the "baseline" scenario, and this can be reasonably el<pected to be true in the periods between the analysis years, 31 or 32 (b) the emissiOns predicted in the "a ction " scenario are not greater than emissions in the 33 baseline year for that NAAOS as described in Subsection E of20.1 L3. I 19 NMAC I!, BMt**!IHU~IIil** Ytflflllllll {FR V o l. 34 77
, No

. SO, pp

. 14979

- 88,3 J4112 re : 93

. 1 19( b)( 2)(ii)} [; 35 (i) 1999 emissians, in ereos far me I ke11r ei15ene >1,.\AQS e;; deseFil!ell in S11eseetian C 36 ef2Q.II.3

. 1Q9**~IMAC;** ar 37 (ii) 2QQ2 emiss+ens, in aJeas far the 8 kallf ezaRe NAAQS as des£FieeE! ifl**St~bseaiaa-Q** 38 aad**S~teseetian** E ef2Q.II.J.IQ9 >I HAC]. { P IP ' el 711 1 )I e

. i9 1 Jill .49;19 gg, 8 14**I~** f81 40 CFR 93.119(b)} 39 C. CO areas: This criterion may be met: 40 (I) in moderate areas with design value greater than 12

. 7 ppm and serious CO nonattainment areas 41 that are subject to CAA Section 187(aX7) if a regional emissions analysis that satisfies the requirements of 42 20.11.3

. 122 NMAC and Subsections G through J of20.11.3.119 NMAC demonstrates that for each analysis year 43 and for each of the pollutants described in Subsection F of20.1 1.3.119 NMAC: 44 (a) the emissions predicted in the "action" scenario are less than the emissions predicted in the 45 "base line " scenario, and this can be reasonably expected to be true in the periods between the analysis years; and 46 (b) the emissions predicted in the "action" scenario are lower than 

### I**~Q ]**  emissions 

### lil...!lli:
47 baseltne v ear for that NAAOS as described in Subsection E of20 II 3

. 119 NMAC by any nonzero amount; 48 (2) in moderate areas with design value less than 12.7 ppm and not classified CO nonattainment areas 49 if a regional emissions analysis that satisfies the requ iremen ts of 20.11.3.122 NMAC and Subsections G through J of SO 20.11.3.1 19 NMAC demonstrates that for each analysis year and for each ofthe pollutants described in Subsection F 51 of20

. 11.3.119NMAC: 52 (a) the emissions predicted in the "action" scenario are not greater than the emissions predicted 53 in the "baseline" scenario, and this can be reasonably expected to be true in the periods between the analysis years: 54 orSTAFF PROPOSED FLOOR AMENDMENTS

I (b) the emissions predicted in lhe "action" scenano are not greater**than[~]** emissions tn the 2 basehncyearJ o r tllat**~as** described in Subsection E of20

. 113 119 NMAC { FR Vol. 77, No

. SO

, pp

. 14979- 3 88, 3 14 12 rc : 40 CFR 93

. 119(c)} 4 0.**PM 10**  a nd N0 2 areas: This criterion may be mel in PM 1,1
, PM 1 0 and N0 2 nonanainment 5 areas if a regional emissions nnalysis that satisfies the requirements of20.11.3

. J22 NMAC and Subsections GSTAFF PROPOSED FLOOR AMENDMENTS

I**!!J!r12~~ ~**  of 2J)J**l·~·J** 19**NM~9 del!l~~(fllle_s**  !}I _a\_ fgt eac h anal¥sis year and for each g_f

_ tl!_e_ppl!uJa

_ n !S descrif!ed in 2 Subsection F of20.11.3.119 NMAC
, one of the following requirements is met: 3 (I) the emissions predicted in the " action'' soenario are not greater than the emissions predicted in the 4 "base line" scenario, and this can be reasonably expected to be true in the penods between the analysis years ; or 5 (2) the emissions predicted tn the "action" scenario are not greater than (&aselffie] emissions in the 6 baseline year for that NMOS as described in Subsection E of20

. 11

. 3.119 NMAC**~~** _ , 88!1!:**~e BI'AM~t!** **,** baselin e 7 emissions n

.re those estimated to have occurred during calendar year 1990, unless the confonnity implementation 8 plan revision required by 40 CFR 51.390 defines the baseline emissions for a PM 1 0 area to be those occurring in a 9 different calendar year for which a baseline emissions inventory was developed for the purpose of developing a 10 control strategy implementation plan. { FR Vol

. 77, No. 50, pp

. 14979-88, 3 14 / 12 re: 40 CFR 93.119(d) ) II E.**I~** 

### I Baseline year for various NAAOS: [This eFiteFieR 1118)' be !Bet in PM;.-, 12 fieRattailll8eRt llfeas ifaRgieRal**etflissi&ll!Hina~·sis** tllatsatislies the Fl!ljYirel8eRis ef2Q

. I Ll

. l12 }>I HAC &Ad 13 StlbseetieRs G**th:e~tgltJ** ef2Q.I U.ll9 NMAC ElemeRstfales tllat K!r**ea~~** 14 flellalilfliS &eseFieea iR**~llbseetkm** f efl(l

. l 1.3.119 }oiMAC
, eRe ehhe lelle'!''iRg**R!EI~tiremeRts** ts met) The baseline 15 year is defined as follows: 16 (1)**[til~** emissieRS pre!lietes iR lhe "ae!ien" see11arie are RBI**gr~ater** l:lt&R l:lte emissiens prt!EiieteEi in 17 tile "bi!SeliRe" seenaFie
, aREI this ean be reasenel!l) '**e~ipe€te8** Ia ee tAU! iB l:lte peFie&s 9eiM'l'ea the**aRal~si s**  'ears : eF ) 18 1990. in areas designated nonattainment for the 1990 CO NAAOS or the 1990**NO ~**  NAAOS

. 19 (2) [tile 1!18issieRSymEiieteil in l:lle**"ael:ie~~el** grl!ater tflaR : ]1990. in areas designated 20 nonanalnmenl for the 1990 PM .w NAAOS. unless the confonnity implementation plan r ev ision requtred by 40 CFR 21 51.390 defines the baseline emissions for a PM lll area to be those occurring in a different calendar ye ar for which a 22 baseline emissions inventory was developed for the purpose of developing a control strategy implementation plan

. 23 

### ill [(e)) 2002 [emissieRs]
, in areas designated nonattainmenl for the 1997 ozone NAAOS or 24 1997 PM 2 s NAAQS

. (rer) 25 £.1}**[(e~** eiBissieRs iR] the most recent year for which EPA ' s Air Emissions Reporting 26 [RettlliremeRts) Rule (40 CFR Part 51
, Subpart A) requires submission of on-road mobile source emissions 27 inventories, as of the effective dateof[ReRBI1BiRmeRI] designations**[fef..~** N

. \t'.Qb**e~1er** lhllR l:lte 199 7 28**~)in** areas designated nonattairunent for a NAAQS that is promulgated afier 1997. {FR Vol. 77
, No

. 29 50, pp. 14979

- 88
, 3 11 4 11 2 re. 40 CFR 93.119(e)} 30 F. Pollutants: The regional emissions analysis shall be perfonned for the following pollutants : 31 (I) VOC in ozone areas ; 32 (2) NO. in ozone areas , unless the EPA administrator dctcnnincs that additional reductions of NO, 33 would not contribute to anamment; 34 (3) CO in CO areas; 35 (4) PM 10 in PM 10 areas; 36 (5) VOC and NO
, in PM 10 areas if the EPA regional administrator or the director of the air agency 37 has made a finding that one or both o f such precursor emissions from within the area are a significant contributor t o 38 the PM to nonattainment problem and has so notified the MPO and DOT ; 39 (6) NO, m NO l areas; 40 (7) PM 2.j in PM u areas; 41 (8) re-entrained road dust in PMrs areas only if the EPA regional admmistrator or the director of the 42 air agency has made a finding that emissions from re

- e ntrained road dust within the area are a significant contributor 43 to the PM B nonattainment problem and has so notified the MPO and DOT
, 44 (9) NO, in PM2.S areas, unless the EPA regional administrator and the director of the state air agency 45 have made a finding that emissions of NO, from withm the area are nota Significant co ntributor to the PM 1 .$ 46 nonattainment problem and has so notified the MPO and DOT ; and 47 (10) VOC, S0 1 and ammonia in PM u areas If the EPA regional admimstrator or the director of the 48 state air agency has made a finding that any of such precursor emissions from withm the area are a significant 49 contributor to the PMu nonattainment problem and has so notified the MPO and DOT

. 50 G

. Analysis Years: 51 (1) The regional emissions analysis shall be perfonned for analy sis years that are no more than 10 52 years apart

. The first analysis year shall be no more than five years beyond the y ear in which the confonnity 53 detennination is being made. The last year of the time frame of the confonnity detennination (as described under 54 Subsection D of 20.11 .3.1 06 NMAC) shall also be an analysis year 55 (2) For areas using Subparagraph (a) of Paragraph (2) of Subsec tion B
, Subparagraph (a) of 56 Paragraph (2) of Subsection 

### c , and Paragraph (I) of Subsection D [BAil Paragrapll (I) er**~IIBSil6lien** 

### e) of C omment : Page34 ofPRD n: : 20

. 113.119.0,(2) NMAC

### Butt
, Neal T

.

F r om: Jeffrey Riley [R ile y

. Jeffrey @epamail.epa.gov]
Sent: Mo nday
, August 27
, 2012 11:52 AM
To : Butt
, N eal T.
Cc: Nieto , Margaret
Su bject: RE : FW : Final Transportation Conformity Restructuring Amendments Signed
F o ll ow Up Fl ag : Follow up
F lag Stat u s: Purple
Good Afternoon Neal
,
Yes, this language looks good to me
- t hanks very much for addressing my question!

Jeffrey Riley US EPA- Region 6 Multimedia Plann ing and Permitting Division (214 }665-854 2

r iley .j effrey@epa

. gov

From: " Butt

. Neal T

. " <NButt@cabq

. gov> To · Jeffrey Riley/R6/USEPAIUS@EPA
Cc · "Nieto
, Margaret" <mn ieto@cabq

. gov> Date · 08/2 7/2012 12 : 16 PM Subject· RE : FW : Fina l T ransportation Co nfo rmi ty Restructuring Amendments Signed



## Jeff, Pag e l of 5

f AQD 

## EXHIBtT 

# I 6 

# I as

thank you for your thorough review. I reviewed Section 20.11.3

. 119 NMAC again, and made an attempt to address your comment as well as correct other errors that I found when I compared our proposed amendments to the current federal rule as shown in the CFR. Howe ver, I did not see your suggested language "by any nonzero amount" in reference to 20.11.3.119.C. (2).(b) NMA C 

# I 40 CFR 93.119(c)(2)(ii). Please see attached proposed floor amendments to see if they satisfactorily resolve the iss ue(s ) 

## you have raised.

Thank You,

8/27 /20 1 2

### From: Jeffrey Riley**L~===~~=.L~=~~~~~J** 

### Sent: Tuesday, August 21, 2012 9:40AM 

### To: Butt, Neal T. 

### Subject: RE: FW: Final Transportation Conformity Restructuring Amendments Signed

Good Morning Neal,

The revisions look good

- I just have one question/comment: 

### Page 2 of5

Page 33 20.11.3.11 9 C(2)(b)- 1990 base year reference was removed, but not replaced with "emissions in the baseline year for that NAAQS as described in Subsection E of 20.11.3.11 9 NMAC by any nonzero amount".

Is there a reason for not replacing? I'm assuming this refers to the carbon monoxide limited maintenance status for Bernalillo County.

Thanks!

Jeffrey Riley US EPA- Region 6 Multimedia Planning and Permitting Division (214 )665-8542 

### riley .jeffrey@epa.gov

"Butt, Neal T." <NButt@cabq.gov> Jeffrey Riley/R6/USEPA/US@EPA

08/20/2012 1047 AM

RE: FW: Final Transportation Conformity Restructuring Amendments Signed



### 8/27/2012

### From: Jeffrey Riley**L~===~~~~=~==~~J** 

### Sent: Monday, August 20, 2012 9:46AM 

### To: Butt, Neal T. 

### Subject: Re: FW: Final Transportation Conformity Restructuring Amendments Signed

Good Morning Neal, 

### Page 3 of5

I'm in the process of reviewing

- I don't expect any significant comments. I'll contact you by COB tomorrow to confirm I've finished my review, and give you any comments I may have.

Jeffrey Riley US EPA Region 6 Multimedia Planning and Permitting Division (214)665-8542 riley.jeffrey@epa.gov

"Butt, Neal T." <NButt@cabq.gov> Jeffrey Riley/R6/USEPA/US@EPA

08/17/2012 06:13PM

Thanks,



### 8/27/2012

### From: Butt, Neal T. 

### Sent: Wednesday, April 25, 2012 11:07 AM 

### To: 'Jeffrey Riley' 

### Subject: RE: Final Transportation Conformity Restructuring Amendments Signed



### From: Jeffrey Riley

### L=~=~==~==~====J 

### Sent: Wednesday, April 25, 2012 10:15 AM 

### To: Butt, Neal T. 

### Subject: RE: Final Transportation Conformity Restructuring Amendments Signed

Good Morning Neal, 

### Page 4 of5

Thanks for providing me with the review draft of these revisions. I'll send comments directly to you, if that's the preferred method.

Jeffrey Riley US EPA- Region 6 Multimedia Planning and Permitting Division (214 )665-8542 riley.jeffrey@epa.gov

"Butt, Neal T." <NButt@cabq.gov> Jeffrey Riley/R6/USEPAIUS@EPA "Gail Cooke" <gail.cooke@state.nm.us>, "Nieto, Margaret" <mnieto@cabq.gov>, "Rita Bates" <rita.bates@state.nm.us>, "Westmoreland, Bill" <wwestmoreland@cabq.gov>, Alan Shar/R6/USEPAIUS@EPA, Guy Donaldson/R6/USEPA/US@EPA
04/23/2012 05:32PM



### 8/27/2012

### From: Jeffrey Riley**lill~~:l!£~~~:s:J~L!f!!h9~~J** 

### Sent: Friday, February 17, 2012 2:44 PM 

### Page 5 of5

To: Davis, Anthony; McCorkle, Mark; Hile, Mike; Amy.Heflin@dot.gov; Yasoob Zia; Jamie.Setze@dot.gov; rodolfo.monge-oviedo@dot.gov; Nieto, Margaret; Butt, Neal T.; Gail Cooke; Isaac.Akem@dot.gov; Leon.Ashford@deq.ok.gov 

### Subject: Final Transportation Conformity Restructuring Amendments Signed

Good Afternoon,

FYI -The EPA Administrator has signed the transportation conformity rule restructuring amendments. This final rule will revise several sections of the transportation conformity rule so that they apply to any new or revised National Ambient Air Quality Standards. Note that we are not taking action on the proposal that areas analyze a near-term analysis year. These provisions were proposed on August 13, 2010.

The signed version of the final rule and the fact sheet can be found on EPA's website at:

Jeffrey Riley US EPA- Region 6 Multimedia Planning and Permitting Division (214 )665-8542 riley.jeffrey@epa.gov[ attachment "20_11_3 _ NMAC-EPA-Review-Draft_ 4-23-12.pdf' deleted by Jeffrey Riley/R6/USEPA/US]

[attachment "AQD Ex 5 Staff Proposed Floor Amendments.doc" deleted by Jeffrey Riley/R6/USEPA/US]



### 8/27/2012

### ft 

# EPA

Un i ted S t ates**.._,.,~** Envi r on m enta l Pro t ection '' Age n c y EPA

- 420

- 8-12-01 2 Feb r uary 2012



## fA QD EX H I BIT
Transportation Conformity Rule Restructuring Amendments Comparison Table 

# g 

# !

This comparison table i s intended to assist readers in understanding how the conformity rul e ha s been amended per the " Transportation Conformity Ru l e Restructuring Amendments " f i nal rule (Docket# EPA-HQ-OAR-2009-0 1 28)

. Sections of the conformity rule that have been amended are included in the table b e low

. Sections of the transportation conformity rule that were not amended are not included in the table

.
Until these rule amendments are published i n the Code of Fed e ral Regulations (CFR)

, read e rs should refer to the final rule for current regulatory r equirements.

Topic Previous Description of Previous Provision Updated Purpose of Amendment Conformity Provision Ru l e Section Defini t ions 93

. 101 U nder " NAAQS I" p aragra p h s (1) through 93.101 Removes the defini t ions for speci f ic (6) identified specific NAAQS: " 1-hour NAAQS; the conformi t y r ule applies
ozone NAAQS " I "8-hour ozone NAAQS " I to any ozone

. CO

, N0 21 PM 2

.s or

" 24

- hour P M 10**AAQS '~**  

### " 1997 P M2

. 5 PM 1o NAAQS NAAQS 1 ', ' l 2006 P M2

. 5 NAAQS ", and

" Annual P M 10 NAAQS " 93

. 10 1 " Clean data " definition 93.101 U pdates definition, no s u bs t an t i ve chanqe Consultation 93

. 105(c)(1 )(vi) I nteragency cons ultat i on procedures : 9 3

. 1 05(c)(1 )(vi) U pdates a refe rence ; no other Spec i fic p rocesses chan o es made Genera l 93

. 109( b ) Description of h ow 93

. 1 09 as a whole is 93

. 109(b) U pdate d t o reflect revised str u ctu re : Cr i ter i a and st r uc t ured t hat paragraph (c) a d dresses t he P rocedures use of budget t e st and / or inte r im emissions test ( s ) and (d) addresses t he hot-spot t est ; other references updated Conformi ty 93

. 109(c) 1

- hour ozone areas N / A De l et es this section as i t is no Tests: Ozone l ong e r app l icable

. The 1 -ho ur
ozone NAAQS has b e e n re v oked. 7

### Topic Previous Description of Previous Provision Updated Purpose of Amendment Conformity Provision Rule Section 93.109(d)(1) Use of 8-hour ozone budgets, once 93.1 09(c)(1) Addresses the use of the budget adequate or approved test and/or interim emissions test(s) 93.1 09( d)(2) Use of interim emissions test(s) when no 93.1 09( c)(3) for all NAAQS

ozone budgets 93.109(d)(3) Use of interim emissions test(s) for NOx 93.109(c)(4) when no NOx budget 93.109(d)(4) Tests for areas not required to submit a 93.109(c)(1), (c)(2), SIP for ozone areas ( c )(3) 93.109 (d)(5) Clean data option for moderate and above 93.109(c)(5) Expands clean data flexibility to any
ozone areas NAAQS for which EPA has clean data regulations or policies 93.109(e)(1) Use of 8-hour ozone budgets, once 93.109(c)(1) Addresses the use of the budget adequate or approved test and/or interim emissions test(s) 

# I 93.1 09( e )(2) Use of 1-hour ozone budgets before area 93.109(c)(2) for all NAAQS has 8-hour ozone budgets 93.109(e)(3) Use of interim emissions test( s) when no 93.109(c)(3)
ozone budgets 93.109(e)(4) Clean data option for moderate and above 93.109(c)(5) Expands clean data flexibility to any
ozone areas NAAQS for which EPA has a clean data regulation and/or policy Conformity 93.1 09(f)( 1) FHWAIFTA projects in CO areas requiring 9(d)(1) Redesignates paragraph (f)(1) to Tests: CO a hot-spot analysis (d)( 1) 93.1 09(f)(2) Use of CO budgets, once approved or 93.109(c)(1) Addresses the use of the budget adequate test and/or interim emissions test(s) 93.1 09(f)(3) Use of interim emissions tests when no 93.109(c)(3) for all NAAQS CO budget 93.1 09(f)(4) Regional conformity tests in CO 93.109(c)(1), (c)(2), nonattainment areas that don't have a (c)(3) maintenance plan and not required to submit an attainment demonstration Conformity 93.1 09(g)(1) FHWAIFTA projects in PM10 areas 93.1 09( d)(2) Redesignates paragraph (g)(1) to Tests: PM10 requiring a hot-spot analysis (d)(2)



## 2

### Topic Previous Description of Previous Provision Updated Purpose of Amendment Conformity Provision Rule Section 93.1 09(g)(2) Use of PM1 0 budgets, once approved or l93.109(c)(1) Addresses the use of the budget adequate test and/or interim emissions test(s) 93.1 09(g)(3) Use of adequate or approved PM1 0 93.109(c)(2) for all NAAQS budget of another PM10 NAAQS 93.109(g)(4)(i) Use of interim emissions tests when the 93.109(c)(3)

area has no PM1 0 budget

93.1 09(g )( 4 )(ii) Use of interim emissions tests if the 93.109(c)(6) Similar to previous rule provision submitted PM10 SIP is a demonstration of but eliminates redundant language impracticability under CAA 189(a)(1 )(B)(ii) and does not demonstrate attainment Conformity 93.109(h)(1) Use of N02 budgets, once approved or 93.1 09(c)(1) Addresses the use of the budget Tests: N02 adequate test and/or interim emissions test(s) 93.1 09(h)(2) Use of interim emissions tests when area 93.109(c)(3) for all NAAQS has no N02 budget Conformity 93.1 09(i)( 1) FHWA/FTA projects in 1997 PM2.5 areas 93.1 09(d)(3) Includes hot-spot conformity test Tests: PM2.5 requiring a hot-spot analysis requirements for all PM2.s areas 93.1 09(i)(2) Use of 1997 PM2.5 budgets, once 93.1 09(c)(1) Addresses all NAAQS approved or adequate 93.109(i)(3) Use of interim emissions tests when area 93.109(c)(3) has no PM2.5 budget 93.1 090)( 1) FHWA/FTA projects in 2006 PM2.5 93.1 09( d)(3) Includes hot-spot conformity test requiring a hot-spot analysis requirements for all PM2. 5 

### areas 93.1 090)(2) Use of 2006 PM2.5 budgets, once 93.1 09(c)(1) Addresses all NAAQS approved or adequate 93.1 09U)(3) Use of interim emissions test 93.109(c)(3) 93.1 09(k)(1) FHWA/FTA projects in 2006 PM2.5 93.109(d)(3) Includes hot-spot conformity test requiring a hot-spot analysis requirements for all PM 2

.5 

### areas 93.1 09(k)(2) I 

### Use of 2006 PM2.5 budgets, once 93.1 09(c)(1) Addresses the use of the budget approved or adequate test and/or interim emissions test(s) 93.1 09(k)(3) Use of 1997 PM2.5 budgets 

### I interim 93.109(c)(3) for all NAAQS emission test



## 3

### Topic Previous Description of Previous Provision Updated Purpose of Amendment Conformity Provision Rule Section Conformity 93.109(1) Areas with limited maintenance plans 93.109(e) Redesignates paragraphs (l)(m)(n) tests in

.. 93.109(m) Areas with insignificant motor vehicle 93.109(f) to (e)(f)(g); updates references in emissions paragraph (g)(2) and revises 93.109(n) Isolated rural nonattainment and 93.109(g) reference in (g)(2)(iii) maintenance areas**-~ -~** **~. .~.**  

### ("\"")**~** 

### C:(b)**~eas** 

### without an approved attainment 

# I 93.116(b) Updates references; no other in

... · nee plan changes made Budget test 93.118(a) Introductory paragraph for the budget test 93.118(a) Updates references; no other changes made 93.118(b) Describes years for which consistency 93.118(b) Simplifies the provision by with budgets must be demonstrated referencing 93.118(d) Interim 93.119(a) Introductory paragraph for interim 3.119(a) Updates references; no other Emissions emissions tests changes made Tests 93.119(b) Ozone areas 93.119(b) Restructured so that the provision 93.119(c) CO areas 93.119(c) applies to current and future NMQS without a rule revision (specific baseline years removed from these paragraphs and put into §93.119(e)) 93.119(d) PM10 and N02 areas 93.119(d) Combines existing 93.119(d) and 93.119(e) PM2.5 areas 93.119(d) (e) into (d).

Restructured so that the provision applies to current and future NMQS without a rule revision (specific baseline years removed from these paragraphs and put into §93.119(e)) Non-federal 93.121(b) Isolated rural nonattainment and 93.121 (b) Updates references; no other projects in

... maintenance areas changes made



## 4

### Topic Previous Description of Previous Provision Updated Purpose of Amendment Conformity Provision Rule Section 93.121(c) Areas with limited maintenance plans and 93.121 (c) Updates references; no other

areas with insignificant motor vehicle changes made emissions



### 5

# ATTACHMENT D

Attachment Dis a copy of the Hearing Record Transcriptsfor September 12, 2012

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS 1 (Pages 1 to 4) Page 1

BEFORE THE ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD AQCB Petition No. 2012-4

IN THE MATTER OF THE PETITION TO AMEND 20.11.3 NMAC, TRANSPORTATION CONFORMITY, AND INCORPORATE SAID
AMENDMENTS INTO THE NEW MEXICO STATE IMPLEMENTATION PLAN FOR AIR QUALITY (SIP)

Air Quality Division, Environmental Health Department, City of Albuquerque, Petitioner

HEARING AND MEETING BEFORE AIR QUALITY CONTROL BOARD

BE IT REMEMBERED that on the 12th day of September, 2012, this matter came on for hearing before BILL GRANTHAM, Hearing Officer, at the Vincent E. Griego Chambers of the Albuquerque-Bernalillo County Government Center, One Civic Plaza, NW, Albuquerque, New Mexico, at the hour of 5:32 p.m.



### Page 2

1 A P P E A R A N C E S 2 For the Albuquerque-Bernalillo County Air Quality Control Board: 3 DR. MARGARET MENACHE, Vice Chair 4 MR. STEPHEN BACA, County MR. JACK SULLIVAN, City 5 MS. KELSEY CURRAN, City DR. NAOMI KISTIN, County 6 MR. ART SHARPE, City 7 HEARING OFFICER: 8 MR. BILL GRANTHAM 9 For the Environmental Health Department: 10 MR. NEAL BUTT Environmental Health Department 11 One Civic Plaza, NW Albuquerque, New Mexico 87102 12 13 I N D E X PAGE 14 Opening Remarks by Mr. Grantham 4 15 NEAL BUTT 16 Direct Testimony 6 17 Closing Remarks by Mr. Grantham 12 18 Monthly Meeting 19 20 21 22 23 24 25 

### Page 3

1 E X H I B I T S MARKED/ADMITTED 2 AQD EXHIBIT: 3 1/1a. Petition to Amend 20.11.3 NMAC, 4 Transportation Conformity; Public Review Draft 20.11.3 NMAC, 5 Transportation Conformity 9 6 2a/b/c. Notices of Proposed Rulemaking 9 7 3a/b. Compliance with Notice Requirements of 20.11.3.105.C(2) NMAC 9 8 4. Direct Testimony of Neal Butt 9 9 5. Staff Proposed Floor Amendments 9 10 6. Comment Received from EPA 9 11 7. Transportation Conformity Rule Restructuring 12 Amendments Comparison Table 9 13 14 15 16 17 18 19 20 21 22 23 24 25 

### Page 4

1 MR. GRANTHAM: Good evening. I will go ahead
2 and call the hearing into session. This public hearing
3 is being held on September 12th, 2012, in the Vincent
4 E. Griego Chambers of the Albuquerque-Bernalillo County
5 Government Center in Albuquerque, New Mexico.
6 The time is 5:32 p.m. This is a hearing of

7 the Albuquerque-Bernalillo County Air Quality Control
8 Board In the Matter of the Petition to Amend 20.11.3
9 NMAC, Transportation Conformity, and Incorporate Said
10 Amendments into the New Mexico State Implementation
11 Plan for Air Quality, or SIP.
12 My name is Bill Grantham. I am an attorney
13 and I advise the Board. I am not a member of the
14 Board, but I have been authorized to conduct this
15 hearing. Members present tonight include Mr. Steve
16 Baca, Vice Chair Dr. Margaret Menache, Mr. Art Sharpe,
17 Mr. Jack Sullivan, Dr. Naomi Kistin, and Ms. Kelsey
18 Curran.
19 We will begin the hearing tonight with
20 testimony from the Division, the Air Quality Division.
21 And no other parties have entered an appearance in this
22 hearing. So after the witness testimony, we will take
23 any comments from the public in support of or opposing
24 the Division's proposal.
25 If you want to testify, if you are a member

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS 2 (Pages 5 to 8) Page 5

1 of the public, please sign up to do so. I believe
2 there is a sign-up sheet at the table in the front of
3 the room here. The hearing will not follow the rules
4 of evidence, but it's important for the Board to
5 remember that its decision is based on sworn testimony
6 of witnesses and that the testimony will become part of
7 the hearing record.
8 Everyone who testifies will be sworn in by
9 the court reporter before giving testimony and should
10 identify him or herself and who they represent. After
11 the witnesses testify, the Board members and I may ask
12 questions of the witness. And after that, anyone in
13 the public can ask questions of the witness related to
14 their testimony.
15 If necessary, I will make rulings on any
16 evidentiary issues. After the hearing closes tonight,
17 consideration of this proposed regulatory change is on
18 the agenda and the Board is expected to consider
19 whether to adopt those proposals.
20 I must instruct the Board that in making
21 these regulations in accordance with the New Mexico Air
22 Quality Control Act, Section 74-2-5-E, the Board shall
23 give weight it deems appropriate to all facts and
24 circumstances, including but not limited to, one, the
25 character and the degree of injury to or interference


### Page 6

1 with health, welfare, visibility, and property; and,
2 two, the public interests, including the social and
3 economic value of the sources and those subject to air
4 contaminants.
5 Mr. Butt, are you ready to proceed?
6 MR. BUTT: Yes.
7 MR. GRANTHAM: Go ahead and be sworn in and
8 give your testimony.
9 NEAL BUTT
10 after having been first duly sworn under oath,
11 testified as follows:
12 DIRECT TESTIMONY
13 MR. BUTT: Thank you, Madam Vice Chair
14 Menache, Members of the Board. My name is Neal Butt.
15 I am an Environmental Health Scientist with the Control
16 Strategies Section of the Air Quality Division.
17 I am here in the matter of the Petition to
18 Amend 20.11.3 NMAC, Transportation Conformity, and
19 incorporate said amendments into the New Mexico State
20 Implementation Plan for air quality, or SIP. This is
21 Air Quality Control Board Petition Number 2012-4.
22 So what is transportation conformity?
23 Transportation conformity is a Clean Air Act
24 requirement that ensures that federally funded highway
25 and transit projects are consistent with or "conform 

### Page 7

1 to" the State Air Quality Implementation Plan, or SIP.
2 Transportation conformity helps protect
3 public health by requiring early consideration of the
4 potential air quality impacts of transportation

5 decisions made in places where air quality does not
6 currently meet or has not met in the past federal

7 standards.
8 The reason for proposed amendments to
9 20.11.3, Transportation Conformity, include on March
10 14th, 2012, the United States Environmental Protection
11 Agency, or EPA, promulgated changes to the
12 transportation conformity rule, which became effective
13 on April 13th of this year.
14 In response and as required by EPA, the Air
15 Quality Division of the City of Albuquerque
16 Environmental Health Department is proposing amendments
17 to update the standard conformity regulation to conform
18 with the federal rule.
19 The most significant effect of the finalized
20 federal rule amendments is that it restructures two
21 sections of the conformity rule: 40 CFR 93.109, which
22 is parallel to your Section 20.11.3.109 NMAC, and 40
23 CFR 93.119, which is parallel to your Section
24 20.11.3.119 NMAC, so that the existing rule
25 requirements will apply to these areas designated for


### Page 8

1 future new or revised NAAQS, thus reducing the need to
2 amend the transportation conformity rule merely to
3 reference specific new NAAQS.
4 As a result of these changes, the conformity
5 rule will apply to any new NAAQS that EPA establishes
6 in the future. In addition, this rule also allows

7 PM2.5 areas with clean air quality data to take
8 advantage of conformity flexibilities that are
9 currently available only to ozone areas. A detailed
10 comparison of the proposed transportation conformity
11 rule restructuring amendments to the current rule is
12 illustrated by the table generated by EPA and as shown
13 in AQD Exhibit Number 7.
14 This hearing has been legally noticed as
15 shown by AQD Exhibits 2a, 2b, and 2c. There have not
16 been any negative comments received regarding these
17 proposed amendments, only a correction to the text
18 suggested by EPA, shown as AQD Exhibit Number 6, and
19 incorporated into the Staff Proposed Floor Amendments
20 shown as AQD Exhibit Number 5.
21 Therefore, the Environmental Health
22 Department of the City of Albuquerque, by and through
23 the Air Quality Division, respectfully requests the
24 Albuquerque-Bernalillo County Air Quality Control Board
25 to adopt amendments to 20.11.3 NMAC, Transportation

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS 3 (Pages 9 to 12) Page 9

1 Conformity, as shown in AQD Exhibit 1a and as amended

2 by Staff Proposed Floor Amendments shown as AQD Exhibit
3 Number 5 and submit said amendments to EPA as a

4 revision to the SIP.

5 That concludes my presentation. And I
6 request that Exhibits 1 through 7 be moved into the

7 record.
8 MR. GRANTHAM: Thank you, Mr. Butt. Exhibits
9 1 through 7 are admitted into the record.
10 (AQD Exhibits 1 through 7 admitted.)

11 MR. GRANTHAM: Are there questions from

12 members of the Board?
13 DR. KISTIN: Just one question.

14 MR. GRANTHAM: Dr. Kistin?
15 DR. KISTIN: What are the implications if we
16 don't do this?

17 MR. BUTT: Okay. Vice Chair Menache, Member
18 Kistin, I don't know that there are that serious of
19 consequences to not do it, but, in the past, we like to
20 have the CFR parallel to your rule so that there is no

21 misunderstanding when we are trying to implement this

22 rule.
23 And if you don't amend it, then if when we go

24 to the Council of Governments or to transportation
25 agencies or anybody else and try and enforce this rule,


### Page 10

1 we won't be able to rely on yours. We will have to
2 rely on the code of federal regs that will be more
3 cumbersome or more difficult.
4 I don't believe there are any sanctions,
5 though, by EPA if you don't.
6 DR. KISTIN: Okay.
7 MR. GRANTHAM: Other questions?
8 Dr. Menache?
9 DR. MENACHE: Just to follow up with that a
10 little bit. My understanding of these revisions is
11 that, actually, it broadens and generalizes the scope
12 of the regulations so that as the standards change over
13 time, this doesn't have to be rewritten each time to
14 refer to very specific particular standards; is that
15 correct?
16 MR. BUTT: Yes, Vice Chair Menache, that's
17 exactly right. That way, you won't have to keep
18 opening up if the NAAQS are adjusted in the future. So
19 it's also to your benefit so we don't have to keep
20 opening it.
21 DR. MENACHE: Thank you.
22 MR. GRANTHAM: Other questions from the
23 Board? I had one question. And this is just a very
24 specific question on language. And it's in 109.C. And
25 similar language appears in 109.D. It's the first -- 

### Page 11

1 what is now the first sentence after the previous first
2 sentence is deleted.
3 DR. MENACHE: Which one?
4 MR. GRANTHAM: Yes, that is on page 18 of
5 Exhibit 1.
6 MR. BUTT: Okay. And which line?

7 MR. GRANTHAM: It's line 38. And the
8 question is regarding the word "NAAQS" after "such."
9 It seems to me that the word "designation" might be
10 more appropriate than NAAQS there.
11 The sentence reads, "This provision applies
12 one year after the effective date of EPA nonattainment
13 designation for a NAAQS in accordance with Subsection D
14 of 20.11.3.2 NMAC until the effective date of any
15 revocation of such NAAQS for an area."
16 And I believe it would be the designation
17 that would be revoked, not the NAAQS or the area,
18 unless that is the way that it's worded in Part 93 of
19 the CFR.
20 MR. BUTT: I think that's right. I can
21 triple-check it to make sure it's parallel with the
22 CFR, but I copied it right out of the Federal
23 Register. I will make sure.
24 MR. GRANTHAM: Okay.
25 MR. BUTT: I am virtually certain that's


### Page 12

1 exactly the way that the Federal Register read.
2 MR. GRANTHAM: As written?
3 MR. BUTT: Right.
4 MR. GRANTHAM: Okay.
5 MR. BUTT: It's a little chunky, but that's
6 how the CFR is.
7 MR. GRANTHAM: Okay.
8 MR. BUTT: I will double-check it to make
9 sure, though.
10 MR. GRANTHAM: Okay. I don't think it makes
11 much difference either way, but I'd like, for clarity
12 -- it was just a point of clarity.
13 Any other questions from the Board?
14 At this point, are there any questions from
15 members of the audience or any comments or testimony
16 from members of the audience -- members of the public,
17 I should say?
18 Seeing none, I will ask the Board if there is
19 any reason that the hearing should not be closed at
20 this point. In that case, the hearing is closed at
21 5:45 p.m.
22 MR. BUTT: Thank you.
23 MR. GRANTHAM: Thank you, Mr. Butt. We will
24 take a short break for our court reporter to prepare
25 for the next hearing.

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS 4 (Pages 13 to 16) Page 13

1 (Recess taken from 5:45 to 7:42 p.m.)
2 DR. MENACHE: Now we move to item three on
3 the decision to amend Transportation Conformity and
4 incorporate said amendments into the New Mexico State
5 Implementation Plan for Air Quality, which is Air
6 Quality Control Board Petition Number 2012-4 and Air
7 Quality Control Board Resolution 2012-2.
8 Mr. Butt?
9 MR. BUTT: Madam Vice Chair, Mr. Hearing
10 Officer, I appreciate you pointing out the awkwardness
11 of that language, but the bad news is that's the way
12 it's supposed to be, because in the CFR -- although in
13 the Board's rule, I can craft it any way you want, but
14 the good news is in reviewing that, I did find a
15 mistake in that subsection on page 18, one
16 inconsequential and one consequential error.
17 Line 35, the word "requirement" is supposed
18 to be plural, which is inconsequential, but I'm going
19 to change it before I file the rule. But then on line
20 40, there is a consequential error. The line
21 reads, "times, in such ozone nonattainment and
22 maintenance areas, conformity determinations shall
23 include a demonstration." The word "ozone" was not
24 supposed to be there.
25 So I respectfully request that when you read


### Page 14

1 your resolution, when it gets to the part about "with
2 the following changes," if you could add that change to
3 strike the word "ozone" on line 40, the fourth word,
4 page 18.
5 DR. MENACHE: Do you have any further
6 comments?
7 MR. BUTT: I'm sorry?
8 DR. MENACHE: Do you have any further
9 comments?
10 MR. BUTT: No. I was making sure that you
11 didn't have any more questions.
12 DR. MENACHE: Okay. Member Baca?
13 MR. BACA: So just a point of clarification.
14 In your presentation, on the fourth -- you drafted the
15 word "ozone" on the last line. Is that supposed to be
16 there?
17 MR. BUTT: Member Baca, you're talking about
18 the PowerPoint?
19 MR. BACA: Right.
20 MR. BUTT: Which slide?
21 MR. BACA: Fourth slide. Last line. Second
22 bullet.
23 MR. BUTT: No, that's still correct. Just
24 this one instance of the word "ozone" in the draft is
25 incorrect. 

### Page 15

1 MR. BACA: Thank you.
2 DR. MENACHE: Are there any other comments,
3 questions, remarks from the Board?
4 MR. BUTT: Thank you.
5 DR. MENACHE: All right. At this time, then,
6 Member Curran will make the motion to adopt the

7 Resolution 2012-2.
8 MS. CURRAN: I move that Air Quality Control
9 Board adopt Resolution 2012-2 entitled "Adopting an
10 Amended 20.11.3 NMAC, Transportation Conformity, and
11 Incorporating the Said Amendments into the New Mexico
12 State Implementation Plan for Air Quality, SIP."
13 Whereas, the New Mexico Air Quality Control
14 Act, Air Act, NMSA 74-2-5, requires the
15 Albuquerque-Bernalillo County Air Quality Control
16 Board, Air Board, to "adopt, promulgate, publish,
17 amend, and repeal the regulations consistent with the
18 Air Quality Control Act to attain and maintain national
19 ambient air quality standards and prevent or abate air
20 pollution, including regulations prescribing air
21 standards" within Bernalillo County, and to meet
22 requirements of the United States Clean Air Act, the
23 City of Albuquerque, and Bernalillo County Joint Air
24 Quality Control Board Ordinances, and the
25 Albuquerque-Bernalillo County Air Quality Control


### Page 16

1 Board, Air Board, regulations; and whereas, on
2 September 12th, 2012, the Air Board held a public
3 hearing in the Vincent E. Griego Chambers, on the
4 basement level of the Albuquerque-Bernalillo County
5 Government Center, One Civic Plaza, Northwest, in
6 Albuquerque, New Mexico, and the hearing was held

7 consistent with the notice requirements of the Air --
8 of the New Mexico Air Quality Control Act and 20.11.82
9 NMAC, Rulemaking Procedures, AQCB; and whereas, on
10 September 12th, 2012, the Air Board met and determined
11 that 20.11.3 NMAC, Transportation Conformity, should be
12 amended, and that the amended 20.11.3 NMAC should be
13 submitted to the EPA as a revision to the New Mexico
14 State Implementation Plan, SIP, for air quality; and
15 whereas, at the September 12th, 2012, public hearing,
16 testimony was presented to establish a present need, or
17 a reasonably anticipated future need, which exists to
18 warrant taking the following actions to help prevent or
19 abate air pollution.
20 Now, therefore, be it resolved by the Board
21 that: One, the Air -- the Board hereby adopts
22 amendments to 20.11.3 NMAC, Transportation Conformity,
23 as proposed in AQD Exhibit 1a, which was admitted at
24 the September 12th, 2012, hearing; two, the Board
25 hereby directs staff to take all actions necessary to

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS 5 (Pages 17 to 19) Page 17

1 submit the amended regulation to EPA as revised to the
2 SIP; three, the effective date of the amended 20.11.3
3 NMAC, Transportation Conformity, shall be October 15th,
4 2012; and, four, staff is hereby directed to submit the
5 amended 20.11.3 NMAC, Transportation Conformity, to the
6 State Records Center in the format currently required

7 by the State Records Center, without changing the
8 substance of the amendments as adopted by the Air Board
9 on September 12th, 2012, with the following changes:
10 On page 18, line 35, the word "requirement" be changed
11 to "requirements"; and on that same page, 18, line 40,
12 the word "ozone" be deleted.
13 MR. BUTT: Madam Vice Chair, I noticed
14 another mistake.
15 DR. MENACHE: Okay.
16 MR. BUTT: Page two of your resolution, line
17 five, where it says, "The Board hereby adopts the
18 amendments to 20.11.3 NMAC, Transportation Conformity,
19 as proposed in AQD Exhibit 1a," it should continue
20 reading, "as amended by Staff Proposed Floor Amendments
21 in AQD Exhibit 5," and then carry on, "which were," not
22 "was," "admitted at the September 12th, 2012,
23 hearing."
24 MS. CURRAN: The changed revision is, "The
25 Board hereby adopts the amendments to 20.11.3 NMAC,


### Page 18

1 Transportation Conformity, as proposed in AQD Exhibit
2 1a and as amended by Staff Proposed Floored Amendments
3 in AQD Exhibit 5.
4 DR. MENACHE: All right. Is there a second
5 to that motion?
6 MR. BACA: Second.

7 DR. MENACHE: Second by Member Baca. Is
8 there any further discussion? All right. At this
9 time, we will vote on whether to -- whether or not to
10 adopt the Air Quality Control Board Resolution 2012-2.
11 All in favor of adopting this resolution, say
12 "aye."
13 MR. BACA: Aye.
14 MR. SULLIVAN: Aye.
15 MS. CURRAN: Aye.
16 DR. KISTIN: Aye.
17 DR. MENACHE: Any opposed? The resolution
18 passes unanimously.
19 (Proceedings concluded at 7:51 p.m.)
20
21
22
23
24
25 

### Page 19

1 STATE OF NEW MEXICO )
2 )
3 COUNTY OF BERNALILLO )
4 I, DENISE KOPAN, the undersigned Court
5 Reporter, HEREBY CERTIFY that the foregoing hearing was
6 recorded by me by machine shorthand; that I later

7 caused my notes to be transcribed under my personal
8 supervision; and that the foregoing is a true and
9 accurate record, to the best of my ability, of said
10 proceedings.
11 I FURTHER CERTIFY that I am not a relative or
12 employee of any of the parties or attorneys involved in
13 this matter and that I have no personal interest in the
14 final disposition of this matter.
15 DATED this 19th day of September, 2012.
16
17
18
19

_______________________________ 20 DENISE KOPAN, NM CSR #124 License Expiration: 12/31/12
21
22
23
24
25

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 20

A abate 15:19 16:19 ability 19:9 able 10:1 accurate 19:9 act 5:22 6:23 15:14 15:14,18,22 16:8 actions 16:18,25 add 14:2 addition 8:6 adjusted 10:18 admitted 3:1 9:9,10 16:23 17:22 adopt 5:19 8:25 15:6,9,16 18:10 adopted 17:8 adopting 15:9 18:11 adopts 16:21 17:17 17:25 advantage 8:8 advise 4:13 agencies 9:25 agency 7:11 agenda 5:18 ahead 4:1 6:7 air 1:1,5,6,12 2:2

4:7,11,20 5:21 6:3 6:16,20,21,23 7:1 7:4,5,14 8:7,23,24 13:5,5,6 15:8,12 15:13,14,15,16,18 15:19,19,20,22,23 15:25 16:1,2,7,8 16:10,14,19,21 17:8 18:10 albuquerque 1:7 1:20 2:11 4:5 7:15 8:22 15:23 16:6 albuquerqueber... 1:1,19 2:2 4:4,7 8:24 15:15,25 16:4 allows 8:6 ambient 15:19 amend 1:3 3:3 4:8 6:18 8:2 9:23 13:3 15:17 amended 9:1 15:10 16:12,12 17:1,2,5 17:20 18:2 amendments 1:4

3:9,12 4:10 6:19 7:8,16,20 8:11,17 8:19,25 9:2,3 13:4 15:11 16:22 17:8 17:18,20,25 18:2 anticipated 16:17 anybody 9:25 appearance 4:21 appears 10:25 applies 11:11 apply 7:25 8:5 appreciate 13:10 appropriate 5:23 11:10 april 7:13 aqcb 1:2 16:9 aqd 3:2 8:13,15,18

8:20 9:1,2,10 16:23 17:19,21 18:1,3

area 11:15,17

areas 7:25 8:7,9 13:22 art 2:6 4:16 attain 15:18 attorney 4:12 attorneys 19:12 audience 12:15,16 authorized 4:14 available 8:9 awkwardness 13:10 aye 18:12,13,14,15 18:16

B b 3:1,6,7 baca 2:4 4:16 14:12 14:13,17,19,21 15:1 18:6,7,13 bad 13:11 based 5:5 basement 16:4 believe 5:1 10:4 11:16 benefit 10:19 bernalillo 15:21,23 19:3 best 19:9 bill 1:18 2:8 4:12 bit 10:10 board 1:1,12 2:2

4:8,13,14 5:4,11 5:18,20,22 6:14 6:21 8:24 9:12 10:23 12:13,18 13:6,7 15:3,9,16 15:16,24 16:1,1,2 16:10,20,21,24 17:8,17,25 18:10 boards 13:13 break 12:24 broadens 10:11 bullet 14:22 butt 2:10,15 3:8 6:5

6:6,9,13,14 9:8,17 10:16 11:6,20,25 12:3,5,8,22,23 13:8,9 14:7,10,17 14:20,23 15:4 17:13,16

C

c 2:1 3:6,7 10:24 call 4:2 carry 17:21

case 12:20 caused 19:7 center 1:20 4:5 16:5 17:6,7 certain 11:25 certify 19:5,11 cfr 7:21,23 9:20 11:19,22 12:6 13:12 chair 2:3 4:16 6:13

9:17 10:16 13:9 17:13 chambers 1:19 4:4 16:3 change 5:17 10:12 13:19 14:2 changed 17:10,24 changes 7:11 8:4 14:2 17:9 changing 17:7 character 5:25 chunky 12:5 circumstances 5:24 city 1:7 2:4,5,6 7:15

8:22 15:23 civic 1:20 2:11 16:5 clarification 14:13 clarity 12:11,12 clean 6:23 8:7 15:22 closed 12:19,20 closes 5:16 closing 2:17 code 10:2 comment 3:10 comments 4:23

8:16 12:15 14:6,9 15:2 comparison 3:12

8:10 compliance 3:7 concluded 18:19 concludes 9:5 conduct 4:14 conform 6:25 7:17 conformity 1:4 3:4

3:5,11 4:9 6:18,22 6:23 7:2,9,12,17 7:21 8:2,4,8,10 9:1 13:3,22 15:10 16:11,22 17:3,5 17:18 18:1 consequences 9:19 consequential 13:16,20 consider 5:18 consideration 5:17

7:3 consistent 6:25 15:17 16:7 contaminants 6:4 continue 17:19 control 1:1,12 2:2

4:7 5:22 6:15,21 8:24 13:6,7 15:8 15:13,15,18,24,25 16:8 18:10 copied 11:22 correct 10:15 14:23 correction 8:17 council 9:24 county 1:1,19 2:2,4

2:5 4:4,7 8:24 15:15,21,23,25 16:4 19:3 court 5:9 12:24 19:4 craft 13:13

csr 19:20 cumbersome 10:3

curran 2:5 4:18 15:6,8 17:24 18:15 current 8:11 currently 7:6 8:9 17:6

D d 2:13 10:25 11:13 data 8:7 date 11:12,14 17:2 dated 19:15 day 1:16 19:15 decision 5:5 13:3 decisions 7:5 deems 5:23 degree 5:25 deleted 11:2 17:12 demonstration 13:23 denise 19:4,20 department 1:7 2:9

2:10 7:16 8:22 designated 7:25 designation 11:9 11:13,16

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 21

detailed 8:9 determinations 13:22 determined 16:10 didnt 14:11 difference 12:11 difficult 10:3 direct 2:16 3:8 6:12 directed 17:4 directs 16:25 discussion 18:8 disposition 19:14 division 1:6 4:20,20

6:16 7:15 8:23 divisions 4:24 doesnt 10:13 dont 9:16,18,23 10:4,5,19 12:10 doublecheck 12:8 dr 2:3,5 4:16,17

9:13,14,15 10:6,8 10:9,21 11:3 13:2 14:5,8,12 15:2,5 17:15 18:4,7,16 18:17 draft 3:4 14:24 drafted 14:14 duly 6:10

E

e 1:18 2:1,1,13 3:1

4:4 16:3 early 7:3 economic 6:3 effect 7:19 effective 7:12 11:12 11:14 17:2 either 12:11 employee 19:12 enforce 9:25

ensures 6:24 entered 4:21 entitled 15:9 environmental 1:7

2:9,10 6:15 7:10 7:16 8:21 epa 3:10 7:11,14 8:5,12,18 9:3 10:5 11:12 16:13 17:1

error 13:16,20 establish 16:16 establishes 8:5 evening 4:1 evidence 5:4 evidentiary 5:16 exactly 10:17 12:1 exhibit 3:2 8:13,18

8:20 9:1,2 11:5 16:23 17:19,21 18:1,3 exhibits 8:15 9:6,8

9:10 existing 7:24 exists 16:17 expected 5:18 expiration 19:20

F facts 5:23 favor 18:11 federal 7:6,18,20 10:2 11:22 12:1 federally 6:24 file 13:19 final 19:14 finalized 7:19 find 13:14 first 6:10 10:25 11:1,1 five 17:17 flexibilities 8:8 floor 3:9 8:19 9:2 17:20 floored 18:2 follow 5:3 10:9 following 14:2 16:18 17:9 follows 6:11 foregoing 19:5,8 format 17:6 four 17:4 fourth 14:3,14,21 front 5:2 funded 6:24 further 14:5,8 18:8 19:11 future 8:1,6 10:18 16:17

G generalizes 10:11 generated 8:12 give 5:23 6:8 giving 5:9 go 4:1 6:7 9:23 going 13:18 good 4:1 13:14 government 1:20

4:5 16:5 governments 9:24 grantham 1:18 2:8

2:14,17 4:1,12 6:7 9:8,11,14 10:7,22 11:4,7,24 12:2,4,7 12:10,23 griego 1:19 4:4

16:3

H h 3:1 health 1:7 2:9,10

6:1,15 7:3,16 8:21 hearing 1:12,17,18

2:7 4:2,2,6,15,19 4:22 5:3,7,16 8:14 12:19,20,25 13:9 16:3,6,15,24 17:23 19:5 held 4:3 16:2,6 help 16:18 helps 7:2 highway 6:24 hour 1:21

I id 12:11 identify 5:10 illustrated 8:12 im 13:18 14:7 impacts 7:4 implement 9:21 implementation 1:4 4:10 6:20 7:1 13:5 15:12 16:14 implications 9:15 important 5:4 include 4:15 7:9 13:23 including 5:24 6:2 15:20 inconsequential 13:16,18 incorporate 1:4 4:9

6:19 13:4 incorporated 8:19 incorporating 15:11 incorrect 14:25 injury 5:25 instance 14:24 instruct 5:20 interest 19:13 interests 6:2 interference 5:25 involved 19:12 issues 5:16 item 13:2

J jack 2:4 4:17 joint 15:23

K keep 10:17,19 kelsey 2:5 4:17 kistin 2:5 4:17 9:13

9:14,15,18 10:6 18:16 know 9:18 kopan 19:4,20

L language 10:24,25 13:11 legally 8:14 level 16:4 license 19:20 limited 5:24 line 11:6,7 13:17,19 13:20 14:3,15,21 17:10,11,16 little 10:10 12:5

M

m 1:21 4:6 12:21 13:1 18:19 machine 19:6 madam 6:13 13:9 17:13 maintain 15:18 maintenance 13:22 making 5:20 14:10 march 7:9 margaret 2:3 4:16 marked 3:1 matter 1:3,17 4:8

6:17 19:13,14 meet 7:6 15:21 meeting 1:12 2:18 member 4:13,25

9:17 14:12,17 15:6 18:7 members 4:15 5:11

6:14 9:12 12:15 12:16,16 menache 2:3 4:16

6:14 9:17 10:8,9 10:16,21 11:3 13:2 14:5,8,12 15:2,5 17:15 18:4 18:7,17 merely 8:2 met 7:6 16:10 mexico 1:4,21 2:11

4:5,10 5:21 6:19 13:4 15:11,13 16:6,8,13 19:1 mistake 13:15 17:14 misunderstanding

9:21 monthly 2:18 motion 15:6 18:5

move 13:2 15:8 moved 9:6

N

n 2:1,13

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 22

naaqs 8:1,3,5 10:18 11:8,10,13,15,17

name 4:12 6:14 naomi 2:5 4:17 national 15:18 neal 2:10,15 3:8 6:9

6:14 necessary 5:15 16:25 need 8:1 16:16,17 negative 8:16

new 1:4,21 2:11 4:5

4:10 5:21 6:19 8:1,3,5 13:4 15:11 15:13 16:6,8,13 19:1

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nm 19:20

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4:9 6:18 7:22,24 8:25 11:14 15:10 16:9,11,12,22 17:3,5,18,25

nmsa 15:14 nonattainment 11:12 13:21 northwest 16:5 notes 19:7 notice 3:7 16:7 noticed 8:14 17:13 notices 3:6 number 6:21 8:13

8:18,20 9:3 13:6

nw 1:20 2:11

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