SUSANA MARTINEZ 

Governor 

JOHN A. SANCHEZ 

Lieutenant Governor 

October 11, 2012 

Mr. Ron Curry 

Regional Administrator 

State of New 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 - ::::v 

C) :::0 f"'' 

("") -oc-::. ~ ,r::;::: 

:t>< 

co :;r:fTl 

xc 

-o - ! :X :z 

C) en 

Cf.1 (/) -"(.'! 

0 rrtO 

-.! o' 

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, 

M ~~-~/c/ 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 the 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 County 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 effective 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 necessary legal authority under State law to adopt 

and implement the plan. 

 __X__YES ___NO ___N/A 

The New Mexico Air Quality Control Act provides for regulation at 74-2-

5.1 NMSA 1978, Duties and powers of the department and the local 

agency; and for plan revisions at 74-2-5.2 NMSA 1978, State air pollution 
 2

control agency; specific duties 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 applicable. The submittal shall be a copy of 

the official State regulation/document signed, stamped, dated by the appropriate 

State official indicating 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 September 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 Attachment C for evidence that notices 

were published in the local newspaper 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 notice was given of the proposed change consistent with 

procedures approved by EPA; including the date of publication 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 public hearing(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 Bernalillo County are affected by the plan. 

 (b) Identification of the locations of affected 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 Conformity, 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 maintenance 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 Maintenance 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 plan-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 differences 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 change 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 protected if 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 least 10 years as required by section 175A of 

the Act. 

 ___YES ___NO __X__N/A 

 (e) Modeling information required to support the proposed revision, including input 

data, output data, models used, justification 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, including how compliance will be determined 

in practice. 

 __ YES ___ NO __X_ N/A 

 (i) Special economic and technical justification required by any applicable EPA 

policies, or an explanation of why such 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. 
' 

-;:::;sr:-: :!, ':"''.' 

L ~: ... ··-· l -, .. I 1: 55 

NMACTRANSMnTALFORM 

12410 NMAC (Seq uence # 1 

1.,'; Issul~ Agency ·: " . :-.:, _,, ·' ".· ' " CodeiDFA}: il . . ' .. _. __ .. 

" ".·, _,, . .- .. :z. .. " Albuquerque-Bernalillo County Air Quality Control Board No. 4233 (Internal Control # 

Assigned by SRCA 2/8/08) 

3; AGenCY Acldresll'i'' ·:· •,;-•_.--_- · · ,-• · ,, -~ '~ ; '"' { i-: ·,-~ .. - . ;.:- . ~. . ;i(, ". :~. .:;'«!' ( .;:: :.- .~ ._, ::t•. ''"'' . '.'\., ',£~·- .. · ·· . c/o Environmental Health Department. Air Quality Division 

P.O. Box 1293, One Clvtc Plaza NW 

Albuaueraue NM 87103 

4. cantact Person-- ' 

Name Neal Butt I Phone# 1 (5o5J 768-266o I FAX I 505-768-2617 

E-mail n~yn~~ilbg:gg~ 

. . . -

New D Amendment W Renumber D Repeal D Emergency D 

j &. Totalnumberofpages:j 29j rj-7.""'-·'""·H-earfnV--d-.-.jr-9-/1-2-/1-2--,jj &. Ell'ectlvedate:jlO/lS/12 j 

20 11 3 

Title Chapter 

Environmental Protection Albuquerque-Bernalillo County Air 

Oualitv Control Board 

Part 

Transportation Conformity 

l11~ AmendmentDeKrtDtlon·. (12. Amendment'SNMACCitatiol1--• .,: ;:,f• . ':·.g : . ·-;;.:::· • ', ; · .d 

Amended 8 sections I Amended Sections 7, 11, 105, 10g, 116, 118, 119, and 121 

113 Most recent lll!na clam {lfa,.lcable} ; · · ' • ·· · ' ·1 _ 10 I lS I 10 _ 

1~ Arethrianvmatertar.l· •• ft!ference~:: .,/,;~'" ":~~~,<;:.' · ''':,:•( ... ~iv" ','.,)' <S" 

No X Yes Please list attachments and 

Internet site(s) if applicable 

Reference I Internet site 

1. 

2 

Its: It materials are attached, has copyright pennlsslon been recelved7 · · 

NoD vesD Public domain D 

17 Signature a Title of Issuing Authority (Del<~ptl!d autffodtymU5t b•u.,.me)· : ; :, ._-:; ' . . ~.; 

Name: Dona Uoson MD J\rv-.. l,no~tJ(L ( chi ~v 1)(/\A;,'\ Vf!!f'!:_Tdelegatl!d 

: suthority C!J 

Title: Board Chair ) 

tQ~vt4l\'2. Signature Date Signed 
f- P.:~r~ .~';T:! 

:T,··c ::-:.:rm 

' ' I -r :)::> 

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 FHW A 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 PM10 NAAQS” means the 24-hour PM10 national ambient air quality standard 

codified at 40 CFR 50.6.] Reserved

 D. [“1997 PM2.5 NAAQS” means the PM2.5 national ambient air quality standards codified at 40 

CFR 50.7.] Reserved

 E. [“2006 PM2.5 NAAQS” means the 24-hour PM2.5 national ambient air quality standard codified at 

40 CFR 50.13.] 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. [“Annual PM 10 NAAQS” means the annual PM10 national ambient air quality standard that EPA 

revoked on December 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 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 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 [the] a 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 20.11.3.118 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 achieving 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 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, 
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 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)(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 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 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 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 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 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, PM10 and PM2.5 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 
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. 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 result from any level of future motor vehicle emissions 

growth.

HH. “Local publicly-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)(1) and 189(c) for serious and above 

ozone nonattainment areas and PM10 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.

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 impact 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 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 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 project” means a transportation project (other than an exempt project) 

that is on a facility which serves regional transportation needs (such as access to and from the area outside 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 such 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 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, 

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

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) NOx -oxides of nitrogen

 (19) PIC-public involvement committee

 (20) PM2.5-particulate matter less than or equal to 2.5 micrometers in diameter

 (21) PM10-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 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: Transportation 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 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 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 publicly-owned 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 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 
New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

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 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 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 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 activities 

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

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 officer 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 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 (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 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 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 (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 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 and 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 20.11.3.105 NMAC for purposes of the applicable 

implementation plan shall receive priority funding for implementation within the MPO’s MTP and TIP funding 

processes; and
New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 8

 (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 and 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 announcing the 

time, date and 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 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) 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 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, PM10 and 

PM2.5), 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 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 additional 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;

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

20.11.3 NMAC 9

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 (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 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 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 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. 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 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 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 20.11.3.126

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

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 PM10 or PM2.5, 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 roadway emission and dispersion characteristics which are similar to those sites that 

have violations verified by monitoring. A quantitative PM10 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) 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 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 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 

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 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-FHWA/FTA project is not regionally significant, no further actions by 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 Federal 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 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 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. 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 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 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 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. 

 (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 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 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 
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 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. 

 (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 decision 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 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, 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 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 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 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

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 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-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, PM10 and PM 2.5 hot-spots

 20.11.3.117 NMAC PM10 and PM2.5 control measures

Project (Not From a Conforming 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, PM10 and PM2.5 hot-spots

 20.11.3.117 NMAC PM10 and PM2.5 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 NAAQS (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 ozone] such 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 nonattainment areas that are required to submit a control strategy 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 

for 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 such portion(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 NAAQS;

 (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 NOx, 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 NOx. 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 NOx if the implementation plan or plan submission 

contains an explicit NOx motor vehicle emissions budget that is intended to act as a ceiling on future NOx

emissions, and the NOx motor vehicle emissions budget is a net reduction from NOx emissions levels in [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 (usually 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 using 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 or the interim emissions tests as required by 20.11.3.118 NMAC and

20.11.3.119 NMAC as described in Paragraph (2) and (3) of 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 nonattainment (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 PM10 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 PM10 

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, PM2.5 and PM10 nonattainment and maintenance 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 budgets. 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, PM10 and PM2.5 nonattainment and 

maintenance areas [conformity determinations] shall include a demonstration that the [budget 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 

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 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-hour ozone nonattainment area shall satisfy the interim emissions test for NOx, 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 other control strategy SIP that addresses reasonable further progress that 

does not include a motor vehicle emissions budget for NOx. The implementation plan for the 8-hour ozone NAAQS 

will be considered to establish a motor vehicle emissions budget for NOx if the implementation plan or plan 

submission contains an explicit NOx motor vehicle emissions budget that is intended to act as a ceiling on future 

NOx emissions, and the NOx motor vehicle emissions budget is a net reduction from NOx emissions levels in 2002.

 (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 submit 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 requirements 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-hour 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 determinations shall include a demonstration that the budget 

or interim emissions tests 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.

 (2) Prior to Paragraph (1) of Subsection E of 20.11.3.109 NMAC applying, the following test(s) shall

be satisfied:

 (a) if the 8-hour ozone 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 implementation plan or implementation 

plan submission;

 (b) if the 8-hour ozone nonattainment area covers a smaller geographic area within the 1-hour 

ozone nonattainment or maintenance area(s), 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 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 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; if 

additional emissions reductions are necessary to meet the budget test for the 8-hour ozone NAAQS in such cases,

these emissions reductions shall come from within the 8-hour nonattainment area;

 (c) if the 8-hour ozone nonattainment area covers a larger geographic area and encompasses the 

entire 1-hour ozone 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 implementation 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) if 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-hour ozone nonattainment area shall satisfy the interim emissions test for NOx, 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 NOx. The implementation plan for the 8-hour 

ozone NAAQS will be considered to establish a motor vehicle emissions budget for NOx if the implementation plan 

or plan submission contains an explicit NOx motor vehicle emissions budget that is intended to act as a ceiling on 

future NOx emissions, and the NOx motor vehicle emissions budget is a net reduction from NOx emissions levels in 

2002. Prior to an adequate or approved NOx 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 NOx if the implementation plan contains an explicit NOx motor vehicle 

emissions budget that is intended to act as a ceiling on future NOx emissions, and the NOx motor vehicle emissions 

budget is a net reduction from NOx emissions levels in 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 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.

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 areas conformity determinations shall include a demonstration that the hot-spot, budget or emission 

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) in CO 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 is adequate for transportation conformity 

purposes;

 (b) the publication date of EPA’s approval of such a budget in the federal register; or

 (c) the effective date of EPA’s approval of such a budget in the federal register, if such 

approval is completed through direct final rulemaking;

 (3) except as provided in Paragraph (4) of Subsection F of 20.11.3.109 NMAC, in CO 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 

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. moderate CO areas with a design value of 12.7 ppm or less or not 

classified 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. PM10 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 PM10 nonattainment and 

maintenance areas conformity determinations shall include a demonstration that the hot-spot, budget or interim 

emissions tests are satisfied as described in the following:] 

 [(1)] (2) FHWA/FTA projects in PM10 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 PM10 nonattainment and maintenance areas where a budget is submitted for the 24-hour PM10

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 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) 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 PM10 NAAQS, if such a budget exists.

 (4) In PM10 nonattainment areas the interim emissions tests shall be satisfied as required by 

20.11.3.119 NMAC for conformity determinations made:

 (a) 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; or

 (b) if the submitted implementation plan revision is a demonstration of impracticability under 

CAA Section 189(a)(1)(B)(ii) and does not demonstrate attainment.

H. NO2 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 NO2 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 19

 (1) In NO2 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 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 NO2 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 maintenance plan.

I. 1997 PM2.5 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 PM2.5 nonattainment and 

maintenance areas conformity determinations shall include a demonstration that the budget or interim emissions 

tests are satisfied as described in the following:] 

 [(1)] (3) FHWA/FTA projects in [such 1997] PM2.5 nonattainment or maintenance areas must satisfy 

the appropriate hot-spot test required by Subsection A of 20.11.3.116 NMAC. 

 [(2) in such 1997 PM2.5 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 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) in PM2.5 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 PM2.5 NAAQS nonattainment and maintenance areas without 1997 PM2.5 NAAQS 

motor vehicle emissions budgets for any portion of the 2006 PM2.5 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 

PM2.5 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 PM2.5 nonattainment and maintenance areas shall satisfy the 

appropriate hot-spot test required by Subsection A of 20.11.3.116 NMAC.

 (2) In such PM2.5 nonattainment and maintenance areas the budget test must 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 2006 PM2.5 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.

 (3) In such PM2.5 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 PM2.5 NAAQS and no adequate motor vehicle emissions 

budget from a submitted control strategy implementation plan revision or maintenance plan for the 2006 PM2.5

NAAQS.

K. 2006 PM2.5 NAAQS nonattainment and maintenance areas with motor vehicle emissions 

budgets for the 1997 PM2.5 NAAQS that cover all or a portion of the 2006 PM2.5 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 PM2.5 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 PM2.5 nonattainment and maintenance areas must satisfy the 

appropriate hot-spot test required by Subsection A of 20.11.3.116 NMAC.

 (2) In such PM2.5 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 2006 PM2.5 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.

 (3) Prior to Paragraph (2) of Subsection K of 20.11.3.109 NMAC applying, the following test(s) must 

be satisfied:

 (a) if the 2006 PM2.5 nonattainment area covers the same geographic area as the 1997 PM2.5

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 1997 PM2.5 applicable implementation plan or implementation plan 

submission;

 (b) if the 2006 PM2.5 nonattainment area covers a smaller geographic area within the 1997 

PM2.5 nonattainment or maintenance area(s), the budget test as required by 20.11.3.118 NMAC for either:

 (i) the 2006 PM2.5 nonattainment area using corresponding portion(s) of the approved or 

adequate motor vehicle emissions budgets in the 1997 PM2.5 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 PM2.5 nonattainment area using the approved or adequate motor vehicle 

emissions budgets in the 1997 PM2.5 applicable implementation plan or implementation plan submission; if 

additional emissions reductions are necessary to meet the budget test for the 2006 PM2.5 NAAQS in such cases, 

these emissions reductions must come from within the 2006 PM2.5 nonattainment area;

 (c) if the 2006 PM2.5 nonattainment area covers a larger geographic area and encompasses the 

entire 1997 PM2.5 nonattainment or maintenance area(s):

 (i) the budget test as required by 20.11.3.118 NMAC for the portion of the 2006 PM2.5

nonattainment area covered by the approved or adequate motor vehicle emissions budgets in the 1997 PM2.5

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 PM2.5 nonattainment area not covered by the approved or 

adequate budgets in the 1997 PM2.5 implementation plan, the entire 2006 PM2.5 nonattainment area, or the entire 

portion of the 2006 PM2.5 nonattainment area within an individual state, in the case where separate 1997 PM2.5 SIP 

budgets are established for each state of a multi-state 1997 PM2.5 nonattainment or maintenance area; or

 (ii) the budget test as required by 20.11.3.118 NMAC for the entire 2006 PM2.5

nonattainment area using the approved or adequate motor vehicle emissions budgets in the applicable 1997 PM2.5

implementation plan or implementation plan submission;

 (d) if the 2006 PM2.5 nonattainment area partially covers a 1997 PM2.5 nonattainment or 

maintenance area(s):

 (i) the budget test as required by 20.11.3.118 NMAC for the portion of the 2006 PM2.5

nonattainment area covered by the corresponding portion of the approved or adequate motor vehicle emissions 

budgets in the 1997 PM2.5 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 PM2.5 nonattainment area not covered by the approved or adequate budgets in the 

1997 PM2.5 implementation plan, the entire 2006 PM2.5 nonattainment area, or the entire portion of the 2006 PM2.5

nonattainment area within an individual state, in the case where separate 1997 PM2.5 SIP budgets are established for 

each state in a multi-state 1997 PM2.5 nonattainment or maintenance 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 PM10 and PM2.5 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, PM10 and PM2.5 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.

 [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/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 “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 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 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 NOx 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.

 (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 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 
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, 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.

[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, PM10 AND PM2.5 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, PM10 or PM2.5 violations or increase the frequency or severity of any 

existing CO, PM10 or PM2.5 violations, or delay timely attainment of any NAAQS or any required interim emission 

reductions or other milestones in CO, PM10 and PM2.5 nonattainment and maintenance areas. This criterion is 

satisfied without a hot-spot analysis in PM10 and PM2.5 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, PM10 and PM2.5 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] 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) 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.

[20.11.3.116 NMAC - Rn & A, 20.11.3.213 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 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 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 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 

for which a regional emissions analysis is performed to fulfill the requirements in Subsection D of 20.11.3.118 

NMAC, as follows: 

 (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 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 
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) 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 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.

 (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 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 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 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 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 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 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 
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 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 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 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 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 process 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 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 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 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 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) 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 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; 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 conforming transportation plan and TIP shall

satisfy 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 Subsection 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 Subsection E of 20.11.3.109 NMAC]; 

 (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)(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 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 emissions in the 

baseline year for that NAAQS as described in Subsection E of 20.11.3.119 NMAC[:

 (i) 1990 emissions, in areas for the 1-hour ozone NAAQS as described in Subsection 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) 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 [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) 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 [1990] emissions in the 

baseline year for that NAAQS as described in Subsection E of 20.11.3.119 NMAC. 

D. PM2.5, PM10 and NO2 areas: This criterion may be met in PM2.5, PM10 and NO2 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, 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; 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 PM10 area to be those occurring in a different calendar year 

for which a baseline emissions inventory was developed for the purpose of developing a control strategy 

implementation plan.

E. [PM2.5 areas] Baseline year for various NAAQS: [This criterion may be met in PM2.5

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 20.11.3.119 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 NO2 NAAQS.

 (2) [the emissions predicted in the “action” scenario are not greater than:] 1990, in areas designated

nonattainment for the 1990 PM10 NAAQS, unless the conformity implementation plan revision required by 40 CFR 

51.390 defines the baseline emissions for a PM10 area to be those occurring in a different calendar year for which a 

baseline 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

1997 PM2.5 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 PM2.5 NAAQS other than the 1997 

PM2.5 NAAQS] in areas designated nonattainment 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) NOx in ozone areas, unless the EPA administrator determines that additional reductions of NOx

would not contribute to attainment;

 (3) CO in CO areas;

 (4) PM10 in PM10 areas;
New Mexico Register / Volume XXIII, Number 18 / September 28, 2012

20.11.3 NMAC 27

 (5) VOC and NOx in PM10 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 PM10 nonattainment problem and has so notified the MPO and DOT;

 (6) NOx in NO2 areas; 

 (7) PM2.5 in PM2.5 areas;

 (8) re-entrained road dust in PM2.5 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 PM2.5 nonattainment problem and has so notified the MPO and DOT;

 (9) NOx in PM2.5 areas, unless the EPA regional administrator and the director of the state air agency 

have made a finding that emissions of NOx from within the area are not a significant contributor to the PM2.5

nonattainment problem and has so notified the MPO and DOT; and

 (10) VOC, SO2 and ammonia in PM2.5 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 PM2.5 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.

 (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 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 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 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 

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 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.

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 “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 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;
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 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 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 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; 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:

 (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] 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 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. Notwithstanding 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 not 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 the 
664 New Mexico Register I Volume XXIII, Number 18/ September 28, 2012 

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, PM10 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 PM10 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 
New Mexico Register I Volume XXIII, Number 18/ September 28, 2012 665 

(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) PM10-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 
666 New Mexico Register I Volume XXIII, Number 18/ September 28, 2012 

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 
New Mexico Register I Volume XXIII, Number 18/ September 28, 2012 667 

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, PM10 

and PM2

.

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

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 of the 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 PM10 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 PM10 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 budgets 
672 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 PM111 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 n pleruerrtation 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 I easorrab 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 ffi1ran 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 bttd6 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 m cas 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 

PM10 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 N01 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 a cas 

;;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 
676 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 PM10 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. PM10 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 
New Mexico Register I Volume XXIII, Number 18/ September 28, 2012 677 

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, PM10 or 

PMu violations or increase the frequency or 

severity of any existing CO, PM10 or PMn 

violations, or delay timely attainment of any 

NAAQS or any required interim emission 

reductions or other milestones in CO, PM10 

and PMu nonattainment and maintenance 

areas. This criterion is satisfied without 

a hot-spot analysis in PM10 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, PM10 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 vehicle 
678 New Mexico Register I Volume XXIII, Number 18/ September 28, 2012 

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 
New Mexico Register I 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,....PM10 and NO, 

areas: This criterion may be met in ~u• 

PM10 and N02 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 PM10 area to be those occurring in a 

different calendar year for which a baseline 

emissions inventory was developed for the 

purpose of developing a control strategy 

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 N01 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) PM10 in PM10 areas; 

(S) VOC and NO, in PM10 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 PM10 nonattainment problem and has 

so notified the MPO and DOT; 

(6) NO, in N02 areas; 

(7) PM2 , in PM, areas; 

(8) re·entrained road dust in PM2., 

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 PM2

., 

nonattainment problem and has so notified 

the MPO and DOT; and 

(10) VOC, S02 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 PM2

.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 
RcCEIV£0 

BEFORE THE ALBUQUERQUE-BERNALILLOCd~ T. L HCALTH 

Affi QUALITY CONTROL BOARD 12 AUG 2R 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 Justice, 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 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 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 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 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 PM2.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 

{attached 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 requirements 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 Scientist 

Air Quality Division 

Environmental Health Department 

One Civic Plaza, NW, Suite 3023 

Albuquerque, New Mexico 87103 

(505) 768-2660 
CERTIFICATION 

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 Plaza) NW, Room 3023 

Albuquerque, New Mexico 87103 

And that on August 28, 2012, a copy of this NOI 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 

Envirorunental Health Scientist 

Air Quality Division 

Environmental Health Department 
~ A\(U 1:1\.niDI I 

i 

I RECEIVE-D 

ALBUQUERQUE-BERNALILLO CbtJNW'ENTAL 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 plans (SIPs). Conformity 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. 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 restructure 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 result 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 approximately 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, Transportation 

Conformity, and Incorporate Said Amendments Into the New Mexico State 

Implementation Plan for Air Quality (SIP), was delivered to the following person on June 

26,2012. 

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 

3 
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 

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 

Environmental 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, 6113105; A, 12/17/08] 

20.11.3.2 SCOPE: 

A. Action applicability: 

~ AQD EXHIBIT 

~ § 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 adoption, 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 federal highway administration/federal 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 

implementation plan (SIP) revision pertaining to transportation conformity for Bernalillo county. The provisions of 

20.11.3 NMAC shall apply to the area within Bernalillo county for which the area is designated nonattainment or 

has a maintenance plan for transportation-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 received 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 (03), carbon monoxide (CO), nitrogen dioxide (N02}, particles with an aerodynamic diameter less 

than or equal to a nominallO micrometers (PM10), and particles with an aerodynamic diameter Jess than or equal to 

a nominal 2.5 micrometers (PM2.5). 

(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 N02 areas; 

(c) VOC and NOx in PM10 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 PM10 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 PM2,

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 PM2.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 PM2.5 nonattainment and maintenance areas with 

respect to PM2,5 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 PM2.5 

nonattainment problem and has so notified the MPO and DOT, or if the applicable implementation 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 20.11.3 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 approval 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, PM10, PM2.5 or NO2 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 respect 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. Chapter 53) to the Bernalillo 

county portion of the SIP. 20.11.3 NMAC sets forth policy, 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 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. 

45 A. [“1-hour ozone NAAQS” means the 1-hour ozone national ambient air quality standard codified 

46 at 40 CFR 50.9.] Reserved

47 B. [“8-hour ozone NAAQS” means the 8-hour ozone national ambient air quality standard codified 

48 at 40 CFR 50.10.] Reserved

49 C. [“24-hour PM10 NAAQS” means the 24-hour PM10 national ambient air quality standard codified 

50 at 40 CFR 50.6.] Reserved

51 D. [“1997 PM2.5 NAAQS” means the PM2.5 national ambient air quality standards codified at 40 

52 CFR 50.7.] Reserved

53 E. [“2006 PM2.5 NAAQS” means the 24-hour PM2.5 national ambient air quality standard codified at 

54 40 CFR 50.13.] Reserved

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 agency or 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. 

8 H. [“Annual PM 10 NAAQS” means the annual PM10 national ambient air quality standard that EPA 

9 revoked on December 18, 2006.] Reserved

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, 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 contribute to a new violation” 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 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 and 58 [that] and to indicate attainment of [the] a national 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. 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 achieving 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 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 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 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)(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 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 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 contains any part of a metropolitan 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 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 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, PM10 and PM2.5 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. 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 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 result from any level of future motor vehicle emissions 

growth. 

HH. “Local publicly-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). 

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 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. 

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 PM10 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. 

 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 impact 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 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 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 project” means a transportation project (other than an exempt project) 

that is on a facility which serves regional transportation needs (such as access to and from the area outside 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 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 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 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, 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 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. 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) NOx -oxides of nitrogen 

 (19) PIC-public involvement committee 

 (20) PM2.5-particulate matter less than or equal to 2.5 micrometers in diameter 

 (21) PM10-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
1 (25) TCC-transportation coordinating committee 

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 held to 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 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] 

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 implementation of those transportation portions of an applicable 

implementation plan prepared to attain and maintain the NAAQS. This priority shall be consistent 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 according to the requirements of 20.11.3.104 NMAC and the applicable 

implementation plan. 

B. Frequency of conformity determinations 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 four 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:

20.11.3 NMAC Public Review Draft, 6/26/12 7
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 shall determine the conformity of the TIP (including a new regional 

emissions analysis) no less frequently than every four years. If more than four years elapse after DOT’s conformity 

determination without the MPO and DOT determining conformity of the TIP, 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. 

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 scope; 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 be re-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 according 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 included in the most recent conforming transportation 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/maintenance 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 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 publicly-owned transit operator; appropriate local government transportation agencies and land use 

20.11.3 NMAC Public Review Draft, 6/26/12 8
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 comments submitted during the formal 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 (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 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 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 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 activities 

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. Briefings to the MTB shall be provided upon request. 

20.11.3 NMAC Public Review Draft, 6/26/12 9
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 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 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 (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 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 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 (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 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 and authority under state or local law to implement, monitor and enforce 

20.11.3 NMAC Public Review Draft, 6/26/12 10
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 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 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 announcing the 

time, date and 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 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) 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 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, PM10 and 

PM2.5), 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 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 additional 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; 

20.11.3 NMAC Public Review Draft, 6/26/12 11
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 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 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 (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 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 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 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. 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 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 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 20.11.3.126 

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 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 

20.11.3 NMAC Public Review Draft, 6/26/12 12
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 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 PM10 or PM2.5, 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 roadway emission and dispersion characteristics which are similar to those sites that 

have violations verified by monitoring. A quantitative PM10 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. { 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 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) 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 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 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 

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 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-FHWA/FTA project is not regionally significant, no further actions by the TCTC are 

required. If the TCTC determines that the non-FHWA/FTA project is regionally significant, the TCTC will follow 

20.11.3 NMAC Public Review Draft, 6/26/12 13
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 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 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 

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 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 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. 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 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 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 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 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 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-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 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, 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 decision 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 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, 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 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 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 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 adopted after January 1, 1997 in serious, 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 years which shall be called horizon years. 

 (1) The MPO, in developing the transportation plan in consultation 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 horizon year may be no more than 10 years 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 transportation 

plan and conformity determination; 

 (d) the last year of the transportation plan’s forecast period shall be a horizon year; and 

23 (e) if the time frame of the conformity determination has been shortened under Subsection D of 

24 20.11.3 NMAC, the last year of the time frame of the conformity determination must be a horizon year. 

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 modifications to the highway network shall be sufficiently identified 

to indicate intersections with existing regionally significant facilities, and to determine their effect on route options 

between transportation analysis zones; each added or modified highway segment shall also be sufficiently identified 

in terms of its design concept and design scope to allow modeling of travel times under various traffic volumes, 

consistent with the modeling methods for area-wide transportation analysis in use by the MPO; transit facilities, 

equipment and services envisioned for the future shall be identified in terms of design concept, design scope and 

operating policies that are sufficient for modeling transit ridership; 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 future transportation policies, requirements, services and activities, including 

intermodal activities, shall be described. 

 B. Two-year grace period for transportation plan requirements in certain ozone and CO areas: 

The requirements of Subsection A of 20.11.3.106 NMAC apply 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 designated 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 least 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 20.11.3.119 NMAC. 

56 D. Time frame of conformity determination: 

20.11.3 NMAC Public Review Draft, 6/26/12 16
1 (1) Unless an election is made under Paragraph (2) or (3) of Subsection D of 20.11.3.106 NMAC, the 

2 time frame of the conformity determination shall be through the last year of the transportation plan’s forecast period. 

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 transportation 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 latest 

of the following years: 

 (i) the tenth year of the transportation plan; 

 (ii) the latest year for which an adequate or approved motor vehicle emissions budget(s) 

is established in the submitted or applicable implementation plan; or 

 (iii) the year after the completion date of a regionally significant project if the project 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 OF TRANSPORTATION 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 process 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 with 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 PROCEDURES FOR DETERMINING CONFORMITY OF

TRANSPORTATION PLANS, PROGRAMS, 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 applicable 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 

55 -spot] tests are required for each pollutant and NAAQS. Subsection D of 20.11.3.109 NMAC 

56 explains when a hot-spot test is required. Subsection [L] E of 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] F of 20.11.3.109 

NMAC addresses nonattainment and maintenance areas which EPA has determined have insignificant motor vehicle 

emissions. Subsection [N

1 

2 

] G of 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 

6 TABLE 1. CONFORMITY CRITERIA

7 

8 All Actions at all times:

9 20.11.3.110 NMAC Latest planning assumptions 

10 20.11.3.111 NMAC Latest emissions model 

11 20.11.3.112 NMAC Consultation 

12 

13 Transportation Plan:

14 Subsection B of 20.11.3.113 NMAC TCMs. 

15 20.11.3.118 or 20.11.3.119 NMAC Emissions budget or interim emissions 

16 

17 TIP:

18 Subsection C of 20.11.3.113 NMAC TCMs. 

19 20.11.3.118 or 20.11.3.119 NMAC Emissions budget or interim emissions 

20 

21 Project (from a conforming plan and TIP):

22 20.11.3.114 NMAC Currently conforming plan and TIP 

23 20.11.3.115 NMAC Project from a conforming plan and TIP 

24 20.11.3.116 NMAC CO, PM10 and PM 2.5 hot-spots 

25 20.11.3.117 NMAC PM10 and PM2.5 control measures 

26 

27 Project (Not From a Conforming Plan and TIP):

28 Subsection D of 20.11.3.113 NMAC TCMs. 

29 20.11.3.114 NMAC Currently conforming plan and TIP 

30 20.11.3.116 NMAC CO, PM10 and PM2.5 hot-spots 

31 20.11.3.117 NMAC PM10 and PM2.5 control measures 

32 

33 

 20.11.3.118 or 20.11.3.119 NMAC Emissions budget or interim emissions 

34 C. [1-hour ozone NAAQS nonattainment and maintenance areas] Regional conformity test 

35 requirement for all nonattainment and maintenance areas: [Subsection C of 20.11.3.109 NMAC applies when 

36 an area is nonattainment or maintenance for the 1-hour ozone NAAQS (i.e.] This provision applies one year after the 

37 effective date of EPA’s nonattainment designation for a NAAQS in accordance with Subsection D of 20.11.3.2 

38 

39 

40 

41 

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 

42 

43 for such NAAQS made on or after: 

44 (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 ozone] such NAAQS is adequate 

for transportation conformity purposes; 

45 

46 

47 

48 

49 

 (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. 

50 (2) [In ozone nonattainment areas that are required to submit a control strategy implementation plan 

51 revision for the 1-hour ozone NAAQS (usually moderate and above areas), the interim emissions tests shall be 

52 satisfied as required by 20.11.3.119 NMAC for conformity determinations made when there is no approved motor 

53 vehicle emissions budget from an applicable implementation plan for the 1-hour ozone NAAQS and no adequate 

54 motor vehicle emissions budget from a submitted control strategy implementation plan revision or maintenance plan 

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
1 in a nonattainment area that has approved or adequate motor vehicle emissions budgets in an applicable 

2 implementation plan or implementation plan submission for another NAAQS of the same pollutant, the following 

3 tests must be satisfied:

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 

6 budgets for that other NAAQS;

7 (b) If the nonattainment area covers a smaller geographic area within an area for another 

8 NAAQS of the same pollutant, the budget test as required by 20.11.3.118 NMAC for either:

9 (i) The nonattainment area, using corresponding portion(s) of the approved or adequate 

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 

14 to meet the budget test for the nonattainment area for a NAAQS in such cases, these emissions reductions must 

15 come from within such nonattainment area;

16 (c) If the nonattainment area covers a larger geographic area and encompasses an entire area 

17 for another NAAQS of the same pollutant, then either Item (i) or (ii) of Subparagraph (c) of Paragraph (2) of 

18 Subsection C of 20.11.3.109 NMAC must be met:

19 (i) 1. The budget test as required by 20.11.3.118 NMAC for the portion of the 

20 nonattainment area covered by the approved or adequate motor vehicle emissions budgets for that other NAAQS; 

21 and 2. the interim emissions tests as required by 20.11.3.119 NMAC for one of the following areas: the portion of 

22 the nonattainment area not covered by the approved or adequate budgets for that other NAAQS; the entire 

23 nonattainment area; or the entire portion of the nonattainment area within an individual state, in the case where 

24 separate adequate or approved motor vehicle emissions budgets for that other NAAQS are established for each state 

25 of a multistate nonattainment or maintenance area.

26 (ii) The budget test as required by 20.11.3.118 NMAC for the entire nonattainment area 

27 using the approved or adequate motor vehicle emissions budgets for that other NAAQS.

28 (d) If the nonattainment area partially covers an area for another NAAQS of the same pollutant:

29 (i) The budget test as required by 20.11.3.118 NMAC for the portion of the 

30 nonattainment area covered by the corresponding portion of the approved or adequate motor vehicle emissions 

31 budgets for that other NAAQS, where they can be reasonably identified through the interagency consultation 

32 process required by 20.11.3.105 NMAC; and

33 (ii) The interim emissions tests as required by 20.11.3.119 NMAC, when applicable, for 

34 either: the portion of the nonattainment area not covered by the approved or adequate budgets for that other 

35 NAAQS; the entire nonattainment area; or the entire portion of the nonattainment area within an individual state, in 

36 the case where separate adequate or approved motor vehicle emissions budgets for that other NAAQS are 

37 established for each state of a multistate nonattainment or maintenance area.

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 

40 such NAAQS.

 [(3)](4) An ozone nonattainment area shall satisfy the interim emissions test for NOx, 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 SIP that does not include a 

motor vehicle emissions budget for NOx. The implementation plan for [the 1

43 

-hour ozone] an NAAQS shall be 

considered to establish a motor vehicle emissions budget for NOx if the implementation plan or plan submission 

contains an explicit NOx motor vehicle emissions budget that is intended to act as a ceiling on future NOx emissions, 

and the NOx motor vehicle emissions budget is a net reduction from NOx emissions levels in [1990

44 

45 

46 

47 ] the SIP’s 

48 baseline year. 

49 [ (4) Ozone nonattainment areas that have not submitted a maintenance plan and that are not required 

50 to submit a control strategy implementation plan revision for the 1-hour ozone NAAQS (usually marginal and below 

51 areas) shall satisfy one of the following requirements:

52 (a) the interim emissions tests required by 20.11.3.119 NMAC; or

53 (b) the state shall submit to EPA an implementation plan revision for the 1-hour ozone NAAQS 

54 that contains motor vehicle emissions budget(s) and a reasonable further progress or attainment demonstration, and 

55 the budget test required by 20.11.3.118 NMAC shall be satisfied using the adequate or approved motor vehicle 

56 emissions budget(s) (as described in Paragraph (1) of Subsection C of 20.11.3.109 NMAC).]

20.11.3 NMAC Public Review Draft, 6/26/12 19
 (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 

2 ] 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

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 

7 as described in Paragraph (2) and (3) or Subsection C of 20.11.3.109 NMAC; 

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 

12 (c) the budget test as required by 20.11.3.118 NMAC, using the motor vehicle emissions [of 

13 ozone precursors] in the most recent year of [clean data as motor vehicle emissions budgets, if such budgets are 

14 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

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 PM10 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 PM10

nonattainment area is a demonstration of impracticability under CAA Section 189(a)(1)(B)(ii) and does not

20 

demonstrate attainment.

21 

22 { FR Vol. 77, No. 50, pp. 14979-88, 3/14/12, re: 40 CFR 93.109(c)} 

23 D. [8-hour ozone NAAQS nonattainment and maintenance areas without motor vehicle 

24 emissions budgets for the 1-hour ozone NAAQS for any portion of the 8-hour nonattainment area] Hot-spot 

25 conformity test requirements for CO, PM2.5 and PM10 nonattainment and maintenance areas: [Subsection D 

26 of 20.11.3.109 NMAC applies to areas that were never designated nonattainment for the 1-hour ozone NAAQS and 

27 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 budgets. Subsection D of 20.11.3.109

NMAC

28 

29 applies one year after the effective date of EPA’s nonattainment designation for the 8-hour ozone NAAQS 

30 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

31 

32 

-hour ozone] project-level conformity determinations in CO, PM10 and PM2.5 nonattainment and 

maintenance areas conformity determinations shall include a demonstration that the [budget 

33 

34 or interim emissions 

35 tests] hot-spot tests for the applicable NAAQS are satisfied as described in the following: 

36 [ (1) In such 8-hour ozone nonattainment and maintenance areas the budget test shall be satisfied as 

37 required by 20.11.3.118 NMAC for conformity determinations made on or after:

38 (a) the effective date of EPA’s finding that a motor vehicle emissions budget in a submitted 

39 control strategy implementation plan revision or maintenance plan for the 8-hour ozone NAAQS is adequate for 

40 transportation conformity purposes;

41 (b) the publication date of EPA’s approval of such a budget in the federal register; or

42 (c) the effective date of EPA’s approval of such a budget in the federal register, if such 

43 approval is completed through direct final rulemaking.

44 (2) In ozone nonattainment areas that are required to submit a control strategy implementation plan 

45 revision for the 8-hour ozone NAAQS (usually moderate and above and certain Clean Air Act, Part D, Subpart 1 

46 areas), the interim emissions tests shall be satisfied as required by 20.11.3.119 NMAC for conformity 

47 determinations made when there is no approved motor vehicle emissions budget from an applicable implementation 

48 plan for the 8-hour ozone NAAQS and no adequate motor vehicle emissions budget from a submitted control 

49 strategy implementation plan revision or maintenance plan for the 8-hour ozone NAAQS.

50 (3) Such an 8-hour ozone nonattainment area shall satisfy the interim emissions test for NOx, as 

51 required by 20.11.3.119 NMAC, if the implementation plan or plan submission that is applicable for the purposes of 

52 conformity determinations is a 15% plan or other control strategy SIP that addresses reasonable further progress that 

53 does not include a motor vehicle emissions budget for NOx. The implementation plan for the 8-hour ozone NAAQS 

54 will be considered to establish a motor vehicle emissions budget for NOx if the implementation plan or plan 

55 submission contains an explicit NOx motor vehicle emissions budget that is intended to act as a ceiling on future 

56 NOx emissions, and the NOx motor vehicle emissions budget is a net reduction from NOx emissions levels in 2002.

20.11.3 NMAC Public Review Draft, 6/26/12 20
1 (4) Ozone nonattainment areas that have not submitted a maintenance plan and that are not required 

2 to submit a control strategy implementation plan revision for the 8-hour ozone NAAQS (usually marginal and 

3 certain Clean Air Act, Part D, Subpart 1 areas) shall satisfy one of the following requirements:

4 (a) the interim emissions tests required by 20.11.3.119 NMAC; or

5 (b) the state shall submit to EPA an implementation plan revision for the 8-hour ozone NAAQS 

6 that contains motor vehicle emissions budget(s) and a reasonable further progress or attainment demonstration, and 

7 the budget test required by 20.11.3.118 NMAC shall be satisfied using the adequate or approved motor vehicle 

8 emissions budget(s) as described in Paragraph (1) of Subsection D of 20.11.3.109 NMAC.

9 (5) Notwithstanding Paragraph (1) and Paragraph (2) of Subsection D of 20.11.3.109 NMAC, ozone 

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 Clean Air Act reasonable further progress and 

12 attainment demonstration requirements for the 8-hour ozone NAAQS shall satisfy one of the following 

13 requirements:

14 (a) the interim emissions tests as required by 20.11.3.119 NMAC;

15 (b) the budget test as required by 20.11.3.118 NMAC, using the adequate or approved motor 

16 vehicle emissions budgets in the submitted or applicable control strategy implementation plan for the 8-hour ozone 

17 NAAQS subject to the timing requirements of Paragraph (1) of Subsection D of 20.11.3.109 NMAC; or

18 (c) the budget test as required by 20.11.3.118 NMAC, using the motor vehicle emissions of 

19 ozone precursors in the most recent year of clean data as motor vehicle emissions budgets, if such budgets are 

20 established by the EPA rulemaking that determines that the area has clean data for the 8-hour ozone NAAQS.

21 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-hour nonattainment area: 

Subsection E of 

22 

23 20.11.3.109 NMAC applies one year after the effective date of EPA’s nonattainment designation for 

24 the 8-hour ozone NAAQS for an area, according to Subsection D of 20.11.3.2 NMAC. In addition to the criteria 

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 

26 ozone nonattainment and maintenance areas conformity determinations shall include a demonstration that the budget 

27 or interim emissions tests are satisfied as described in the following.

28 (1) In such 8-hour ozone nonattainment and maintenance areas the budget test shall be satisfied as 

29 required by 20.11.3.118 NMAC for conformity determinations made on or after:

30 (a) the effective date of EPA’s finding that a motor vehicle emissions budget in a submitted 

31 control strategy implementation plan revision or maintenance plan for the 8-hour ozone NAAQS is adequate for 

32 transportation conformity purposes;

33 (b) the publication date of EPA’s approval of such a budget in the federal register; or

34 (c) the effective date of EPA’s approval of such a budget in the federal register, if such 

35 approval is completed through direct final rulemaking.

 (2) Prior to Paragraph (1) of Subsection E of 20.11.3.109 NMAC applying, the following test(s) shall

be satisfied:

36 

37 

38 (a) if the 8-hour ozone nonattainment area covers the same geographic area as the 1-hour ozone 

39 nonattainment or maintenance area(s), the budget test as required by 20.11.3.118 NMAC using the approved or 

40 adequate motor vehicle emissions budgets in the 1-hour ozone applicable implementation plan or implementation 

41 plan submission;

42 (b) if the 8-hour ozone nonattainment area covers a smaller geographic area within the 1-hour 

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

 (i) the 8-hour nonattainment area using corresponding portion(s) of the approved or

adequate motor vehicle emissions budgets in the 1

44 

45 -hour ozone applicable implementation plan or implementation 

46 plan submission where such portion(s) can reasonably be identified through the interagency consultation process 

47 required by 20.11.3.105 NMAC; or

48 (ii) the 1-hour nonattainment area using the approved or adequate motor vehicle 

49 emissions budgets in the 1-hour ozone applicable implementation plan or implementation plan submission; if 

additional emissions reductions are necessary to meet the budget test for the 8-hour ozone NAAQS in such cases,

these emissions reductions shall

50 

51 come from within the 8-hour nonattainment area;

52 (c) if the 8-hour ozone nonattainment area covers a larger geographic area and encompasses the 

53 entire 1-hour ozone nonattainment or maintenance area(s):

54 (i) the budget test as required by 20.11.3.118 NMAC for the portion of the 8-hour ozone 

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

56 applicable implementation plan or implementation plan submission; and

20.11.3 NMAC Public Review Draft, 6/26/12 21
1 (ii) the interim emissions tests as required by 20.11.3.119 NMAC for either: the portion 

2 of the 8-hour ozone nonattainment area not covered by the approved or adequate budgets in the 1-hour ozone 

3 implementation plan, the entire 8-hour ozone nonattainment area, or the entire portion of the 8-hour ozone 

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;

6 (d) if the 8-hour ozone nonattainment area partially covers a 1-hour ozone nonattainment or 

7 maintenance area(s):

8 (i) the budget test as required by 20.11.3.118 NMAC for the portion of the 8-hour ozone 

9 nonattainment area covered by the corresponding portion of the approved or adequate motor vehicle emissions 

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

12 (ii) the interim emissions tests as required by 20.11.3.119 NMAC, when applicable, for 

13 either: the portion of the 8-hour ozone nonattainment area not covered by the approved or adequate budgets in the 

14 1-hour ozone implementation plan, the entire 8-hour ozone nonattainment area, or the entire portion of the 8-hour 

15 ozone nonattainment area within an individual state, in the case where separate 1-hour SIP budgets are established 

16 for each state in a multi-state 1-hour nonattainment or maintenance area.

17 (3) Such an 8-hour ozone nonattainment area shall satisfy the interim emissions test for NOx, as 

18 required by 20.11.3.119 NMAC, if the only implementation plan or plan submission that is applicable for the 

19 purposes of conformity determinations is a 15% plan or other control strategy SIP that addresses reasonable further 

20 progress that does not include a motor vehicle emissions budget for NOx. The implementation plan for the 8-hour 

21 ozone NAAQS will be considered to establish a motor vehicle emissions budget for NOx if the implementation plan 

22 or plan submission contains an explicit NOx motor vehicle emissions budget that is intended to act as a ceiling on 

23 future NOx emissions, and the NOx motor vehicle emissions budget is a net reduction from NOx emissions levels in 

24 2002. Prior to an adequate or approved NOx motor vehicle emissions budget in the implementation plan submission 

25 for the 8-hour ozone NAAQS, the implementation plan for the 1-hour ozone NAAQS will be considered to establish 

26 a motor vehicle emissions budget for NOx if the implementation plan contains an explicit NOx motor vehicle 

27 emissions budget that is intended to act as a ceiling on future NOx emissions, and the NOx motor vehicle emissions 

28 budget is a net reduction from NOx emissions levels in 1990.

29 (4) Notwithstanding Paragraph (1) and Paragraph (2) of Subsection E of 20.11.3.109 NMAC, ozone 

30 nonattainment areas with three years of clean data for the 8-hour ozone NAAQS that have not submitted a 

31 maintenance plan and that EPA has determined are not subject to the Clean Air Act reasonable further progress and 

32 attainment demonstration requirements for the 8-hour ozone NAAQS shall satisfy one of the following 

33 requirements:

34 (a) the budget test or interim emissions tests as required by 20.11.3.118 NMAC and 

35 20.11.3.119 NMAC and as described in Paragraph (2) of Subsection E of 20.11.3.109 NMAC;

36 (b) the budget test as required by 20.11.3.118 NMAC, using the adequate or approved motor 

37 vehicle emissions budgets in the submitted or applicable control strategy implementation plan for the 8-hour ozone 

38 NAAQS subject to the timing requirements of Paragraph (1) of Subsection E of 20.11.3.109 NMAC; or

39 (c) the budget test as required by 20.11.3.118 NMAC, using the motor vehicle emissions of 

40 ozone precursors in the most recent year of clean data as motor vehicle emissions budgets, if such budgets are 

41 established by the EPA rulemaking that determines that the area has clean data for the 8-hour ozone NAAQS.

42 F. CO nonattainment and maintenance areas: In addition to the criteria listed in Table 1 in 

43 Subsection B of 20.11.3.109 NMAC that are required to be satisfied at all times, in CO nonattainment and 

44 maintenance areas conformity determinations shall include a demonstration that the hot-spot, budget or emission 

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 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; 

50 [ (2) in CO nonattainment and maintenance areas the budget test shall be satisfied as required by 

51 20.11.3.118 NMAC for conformity determinations made on or after:

52 (a) the effective date of EPA’s finding that a motor vehicle emissions budget in a submitted 

53 control strategy implementation plan revision or maintenance plan is adequate for transportation conformity 

54 purposes;

55 (b) the publication date of EPA’s approval of such a budget in the federal register; or

20.11.3 NMAC Public Review Draft, 6/26/12 22
1 (c) the effective date of EPA’s approval of such a budget in the federal register, if such 

2 approval is completed through direct final rulemaking;

3 (3) except as provided in Paragraph (4) of Subsection F of 20.11.3.109 NMAC, in CO nonattainment 

4 areas the interim emissions tests shall be 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 

6 adequate motor vehicle emissions budget from a submitted control strategy implementation plan revision or 

7 maintenance plan;

8 (4) CO nonattainment areas that have not submitted a maintenance plan and that are not required to 

9 submit an attainment demonstration (e.g. moderate CO areas with a design value of 12.7 ppm or less or not 

10 classified CO areas) shall satisfy one of the following requirements:

11 (a) the interim emissions tests required by 20.11.3.119 NMAC; or

12 (b) the state shall submit to EPA an implementation plan revision that contains motor vehicle 

13 emissions budget(s) and an attainment demonstration, and the budget test required by 20.11.3.118 NMAC shall be 

14 satisfied using the adequate or approved motor vehicle emissions budget(s) (as described in Paragraph (2) of 

15 Subsection F of 20.11.3.109 NMAC).

16 G. PM10 nonattainment and maintenance areas: In addition to the criteria listed in Table 1 in 

17 Subsection B of 20.11.3.109 NMAC that are required to be satisfied at all times, in PM10 nonattainment and 

18 maintenance areas conformity determinations shall include a demonstration that the hot-spot, budget or interim 

19 emissions tests are satisfied as described in the following:] 

20 [(1)](2) FHWA/FTA projects in PM10 non-attainment or maintenance areas shall satisfy the 

21 appropriate hot-spot test required by Subsection A of 20.11.3.116 NMAC. 

[ (2) In PM10 nonattainment and maintenance areas where a budget is submitted for the 24-hour PM10

NAAQS, 

22 

23 the budget test shall be satisfied as required by 20.11.3.118 NMAC for conformity determinations made 

24 on or after:

25 (a) the effective date of EPA’s finding that a motor vehicle emissions budget in a submitted 

26 control strategy implementation plan revision or maintenance plan is adequate for transportation conformity 

27 purposes;

28 (b) the publication date of EPA’s approval of such a budget in the federal register; or

29 (c) the effective date of EPA’s approval of such a budget in the federal register, if such 

30 approval is completed through direct final rulemaking.

31 (3) Prior to Paragraph (2) of Subsection G of 20.11.3.109 NMAC applying, the budget test must be 

32 satisfied as required by 20.11.3.118 NMAC using the approved or adequate motor vehicle emissions budget 

33 established for the revoked annual PM10 NAAQS, if such a budget exists.

34 (4) In PM10 nonattainment areas the interim emissions tests shall be satisfied as required by 

35 20.11.3.119 NMAC for conformity determinations made:

36 (a) if there is no approved motor vehicle emissions budget from an applicable implementation 

37 plan and no adequate motor vehicle emissions budget from a submitted control strategy implementation plan 

38 revision or maintenance plan; or

39 (b) if the submitted implementation plan revision is a demonstration of impracticability under 

40 CAA Section 189(a)(1)(B)(ii) and does not demonstrate attainment.

41 H. NO2 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 required to be satisfied at all times, in NO2 nonattainment and 

43 maintenance areas conformity determinations shall include a demonstration that the budget or interim emissions 

44 tests are satisfied as described in the following:

45 (1) In NO2 nonattainment and maintenance areas the budget test shall be satisfied as required by 

46 20.11.3.118 NMAC for conformity determinations 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 revision or maintenance plan is adequate for transportation conformity 

49 purposes;

50 (b) the publication date of EPA’s approval of such a budget in the federal register; or

51 (c) the effective date of EPA’s approval of such a budget in the federal register, if such 

52 approval is completed through direct final rulemaking.

53 (2) In NO2 nonattainment areas the interim emissions tests shall be satisfied as required by 

54 20.11.3.119 NMAC for conformity determinations made when there is no approved motor vehicle emissions budget 

55 from an applicable implementation plan and no adequate motor vehicle emissions budget from a submitted control 

56 strategy implementation plan revision or maintenance plan.

20.11.3 NMAC Public Review Draft, 6/26/12 23
1 I. 1997 PM2.5 nonattainment and maintenance areas: In addition to the criteria listed in Table 1 

2 of Subsection B of 20.11.3.109 NMAC that are required to be satisfied at all times, in PM2.5 nonattainment and 

3 maintenance areas conformity determinations shall include a demonstration that the budget or interim emissions 

4 tests are satisfied as described in the following:] 

5 

6 

 [(1)](3) FHWA/FTA projects in [such 1997] PM2.5 nonattainment or maintenance areas must satisfy 

the appropriate hot-spot test required by Subsection A of 20.11.3.116 NMAC; 

7 [ (2) in such 1997 PM2.5 nonattainment and maintenance areas the budget test shall be satisfied as 

8 required by 20.11.3.118 NMAC for conformity determinations made on or after:

9 (a) the effective date of EPA’s finding that a motor vehicle emissions budget in a submitted 

10 control strategy implementation plan revision or maintenance plan is adequate for transportation conformity 

11 purposes;

12 (b) the publication date of EPA’s approval of such a budget in the federal register; or

13 (c) the effective date of EPA’s approval of such a budget in the federal register, if such 

14 approval is completed through direct final rulemaking;

15 (3) in PM2.5 nonattainment areas the interim emissions tests shall be satisfied as required by 

16 20.11.3.119 NMAC for conformity determinations made if there is no approved motor vehicle emissions budget 

17 from an applicable implementation plan and no adequate motor vehicle emissions budget from a submitted control 

18 strategy implementation plan revision or maintenance plan.

19 J. 2006 PM2.5 NAAQS nonattainment and maintenance areas without 1997 PM2.5 NAAQS 

20 motor vehicle emissions budgets for any portion of the 2006 PM2.5 NAAQS area: In addition to the criteria 

21 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 

22 PM2.5 nonattainment and maintenance areas conformity determinations must include a demonstration that the budget 

23 or interim emissions tests are satisfied as described in the following:

24 (1) FHWA/FTA projects in such PM2.5 nonattainment and maintenance areas shall satisfy the 

25 appropriate hot-spot test required by Subsection A of 20.11.3.116 NMAC.

26 (2) In such PM2.5 nonattainment and maintenance areas the budget test must be satisfied as required 

27 by 20.11.3.118 NMAC for conformity determinations made on or after:

28 (a) the effective date of EPA’s finding that a motor vehicle emissions budget in a submitted 

29 control strategy implementation plan revision or maintenance plan for the 2006 PM2.5 NAAQS is adequate for 

30 transportation conformity purposes;

31 (b) the publication date of EPA’s approval of such a budget in the federal register; or

32 (c) the effective date of EPA’s approval of such a budget in the federal register, if such 

33 approval is completed through direct final rulemaking.

34 (3) In such PM2.5 nonattainment areas the interim emissions tests shall be satisfied as required by 

35 20.11.3.119 NMAC for conformity determinations made if there is no approved motor vehicle emissions budget 

36 from an applicable implementation plan for the 2006 PM2.5 NAAQS and no adequate motor vehicle emissions 

budget from a submitted control strategy implementation plan revision or maintenance plan for the 2006 PM2.5

NAAQS.

37 

38 

39 K. 2006 PM2.5 NAAQS nonattainment and maintenance areas with motor vehicle emissions 

40 budgets for the 1997 PM2.5 NAAQS that cover all or a portion of the 2006 PM2.5 nonattainment area. In 

41 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 

42 times, in such 2006 PM2.5 nonattainment and maintenance areas conformity determinations shall include a 

43 demonstration that the budget or interim emissions tests are satisfied as described in the following:

44 (1) FHWA/FTA projects in such PM2.5 nonattainment and maintenance areas must satisfy the 

45 appropriate hot-spot test required by Subsection A of 20.11.3.116 NMAC.

46 (2) In such PM2.5 nonattainment and maintenance areas the budget test shall be satisfied as required 

47 by 20.11.3.118 NMAC for conformity determinations made on or after:

48 (a) the effective date of EPA’s finding that a motor vehicle emissions budget in a submitted 

49 control strategy implementation plan revision or maintenance plan for the 2006 PM2.5 NAAQS is adequate for 

50 transportation conformity purposes;

51 (b) the publication date of EPA’s approval of such a budget in the federal register; or

52 (c) the effective date of EPA’s approval of such a budget in the federal register, if such 

53 approval is completed through direct final rulemaking.

54 (3) Prior to Paragraph (2) of Subsection K of 20.11.3.109 NMAC applying, the following test(s) must 

55 be satisfied:

20.11.3 NMAC Public Review Draft, 6/26/12 24
 (a) if the 2006 PM2.5 nonattainment area covers the same geographic area as the 1997 PM2.5

nonattainment or maintenance area(s), the budget test as required by 

1 

2 20.11.3.118 NMAC using the approved or 

3 adequate motor vehicle emissions budgets in the 1997 PM2.5 applicable implementation plan or implementation plan 

4 submission;

5 (b) if the 2006 PM2.5 nonattainment area covers a smaller geographic area within the 1997 

6 PM2.5 nonattainment or maintenance area(s), the budget test as required by 20.11.3.118 NMAC for either:

7 (i) the 2006 PM2.5 nonattainment area using corresponding portion(s) of the approved or 

8 adequate motor vehicle emissions budgets in the 1997 PM2.5 applicable implementation plan or implementation plan 

9 submission where such portion(s) can reasonably be identified through the interagency consultation process required 

10 by 20.11.3.105 NMAC; or

11 (ii) the 1997 PM2.5 nonattainment area using the approved or adequate motor vehicle 

12 emissions budgets in the 1997 PM2.5 applicable implementation plan or implementation plan submission; if 

13 additional emissions reductions are necessary to meet the budget test for the 2006 PM2.5 NAAQS in such cases, 

14 these emissions reductions must come from within the 2006 PM2.5 nonattainment area;

15 (c) if the 2006 PM2.5 nonattainment area covers a larger geographic area and encompasses the 

16 entire 1997 PM2.5 nonattainment or maintenance area(s):

 (i) the budget test as required by 20.11.3.118 NMAC for the portion of the 2006 PM2.5

nonattainment area covered by the approved or adequa

17 

te motor vehicle emissions budgets in the 1997 PM2.5

applicable implementation plan or implementation plan submission; and the interim emissions tests as required by 

18 

19 

20 20.11.3.119 NMAC for either: the portion of the 2006 PM2.5 nonattainment area not covered by the approved or 

21 adequate budgets in the 1997 PM2.5 implementation plan, the entire 2006 PM2.5 nonattainment area, or the entire 

22 portion of the 2006 PM2.5 nonattainment area within an individual state, in the case where separate 1997 PM2.5 SIP 

23 budgets are established for each state of a multi-state 1997 PM2.5 nonattainment or maintenance area; or

 (ii) the budget test as required by 20.11.3.118 NMAC for the entire 2006 PM2.5

nonattainment area using the approved 

24 

or adequate motor vehicle emissions budgets in the applicable 1997 PM2.5

implementation plan or 

25 

26 implementation plan submission;

27 (d) if the 2006 PM2.5 nonattainment area partially covers a 1997 PM2.5 nonattainment or 

28 maintenance area(s):

 (i) the budget test as required by 20.11.3.118 NMAC for the portion of the 2006 PM2.5

nonattainment area covered by the corresponding portion of the approved or adequate motor vehicle emissions 

29 

30 

31 budgets in the 1997 PM2.5 applicable implementation plan or implementation plan submission where they can be 

32 reasonably identified through the interagency consultation process required by 20.11.3.105 NMAC; and

33 (ii) the interim emissions tests as required by 20.11.3.119 NMAC, when applicable, for 

34 either: the portion of the 2006 PM2.5 nonattainment area not covered by the approved or adequate budgets in the 

1997 PM2.5 implementation plan, the entire 2006 PM2.5 nonattainment area, or the entire portion of the 2006 PM2.5

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

35 

36 2.5 SIP budgets are established for 

each state in a multi-state 1997 PM2.5 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 PM10 and PM2.5 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.]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 

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, PM10 and PM2.5 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/maintenance 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 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: 

20 

21 

22 

23 

24 

25 

26 

27 

28 

 (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 department of transportation. 

 (b) In isolated rural nonattainment and maintenance areas that are subject to 20.11.3.118 

29 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: 

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 NOx 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] 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

42 

43 

] 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 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 force 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 as determined 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 begins is required to be used in the 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 reasonable 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 following the specification of any new 

model. 

 (1) The grace period shall be no less than three months and no more 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 MPOs in order to assure conformity. If the grace period shall be longer than 

three months, EPA shall announce the appropriate 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 notice 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 compliance with 23 CFR Part 450. Until the 

20.11.3 NMAC Public Review Draft, 6/26/12 27
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 the 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, in describing the envisioned future transportation system, provides for the 

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 satisfied if the following conditions are met.

 (1) An examination of the specific steps and funding source(s) needed to fully implement each TCM 

indicates that TCMs which are eligible for funding under title 23 U.S.C. or the Federal Transit Laws are on or ahead 

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 applicable 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 requirements 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 Subsection 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 conforming 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 policies 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 following conditions are met:

 (1) the project is included in the conforming TIP and the design concept and scope of the project 

were adequate at the time of the TIP conformity determination to determine its contribution to the TIP’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, PM10 AND PM2.5 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, PM10 or PM2.5 violations or increase the frequency or severity of any 

existing CO, PM10 or PM2.5 violations, or delay timely attainment of any NAAQS or any required interim emission 

reductions or other milestones in CO, PM10 and PM2.5 nonattainment and maintenance areas. This criterion is 

satisfied without a hot-spot analysis in PM10 and PM2.5 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, PM10 and PM2.5 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]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) 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 PM10 and PM2.5 CONTROL 

MEASURES: The FHWA/FTA project shall comply with any PM10 and PM2.5 control measures in the applicable 

implementation plan. This criterion is satisfied if the project-level conformity determination contains a written 

commitment from the project sponsor to include in the final plans, specifications and estimates for the project those 

20.11.3 NMAC Public Review Draft, 6/26/12 29
control measures (for the purpose of limiting PM10 and PM2.5 emissions from the construction activities or normal 

use and operation associated with the 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]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. 

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 

14 and conformity 

15 determination), for the last year of the timeframe of the conformity determination (as described under Subsection D 

16 of 20.11.3.106 NMAC), and for any intermediate years within the timeframe of the conformity determination as 

17 necessary so that the years for which consistency is demonstrated are no more than 10 years apart,] and for each year 

18 for which a regional emissions analysis is performed to fulfill the requirements in Subsection D of 20.11.3.118 

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 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) 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 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 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. 

20.11.3 NMAC Public Review Draft, 6/26/12 30
 (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 

1 

2 

3 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 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 in a prior regional emissions analysis (if such a year extends beyond the 

8 

9 

10 

11 

12 time frame of the conformity determination). 

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 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 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 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 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) 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 vehicle emissions budget, EPA shall 

review the state’s compilation of public comments and response to comments that are required to be submitted with 

20.11.3 NMAC Public Review Draft, 6/26/12 31
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 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 (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 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 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 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 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; 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] 

20.11.3 NMAC Public Review Draft, 6/26/12 32
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]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. {FR Vol. 77, No. 50, 

pp. 14979-88, 3/14/12 re: 40 CFR 93.119(a) 

4 

5 

6 

7 

8 B. Ozone areas: The requirements of Subsection B of 20.11.3.119 NMAC apply to all [1-hour 

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

10 

11 

12 

13 

14 

15 

 (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 

16 (b) the emissions predicted in the “action” scenario are lower than emissions in the baseline 

17 year for that NAAQS as described in Subsection E of 20.11.3.119 NMAC by any nonzero amount [:

18 (i) 1990 emissions by any nonzero amount, in areas for the 1-hour ozone NAAQS as 

19 described in Subsection C of 20.11.3.109 NMAC; or

20 (ii) 2002 emissions by any nonzero amount, in areas for the 8-hour ozone NAAQS as 

21 described in Subsection D and Subsection E of 20.11.3.109 NMAC]; 

22 

23 

24 

25 

26 

27 

28 

29 

 (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)(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 emissions predicted 

in the “baseline” scenario, and this can be reasonably expected to be true in the periods between the analysis years; 

or 

30 (b) the emissions predicted in the “action” scenario are not greater than emissions in the 

31 baseline year for that NAAQS as described in Subsection E of 20.11.3.119 NMAC by any nonzero amount [:

32 (i) 1990 emissions, in areas for the 1-hour ozone NAAQS as described in Subsection C 

33 of 20.11.3.109 NMAC; or

34 (ii) 2002 emissions, in areas for the 8-hour ozone NAAQS as described in Subsection D 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

and Subsection 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 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 1990 emissions 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 [1990] emissions. {FR 

Vol. 77, No. 50, pp. 14979-88, 3/14/12 re: 40 CFR 93.119(c)}

52 

53 

 D. PM2.5, PM10 and NO2 areas: This criterion may be met in PM2.5, PM10 and NO2 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 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: 

 (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 

5 (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 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 PM10 area to be those occurring in a 

different calendar year for which a baseline emissions inventory was developed for the purpose of developing a 

control strategy 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. [PM2.5 areas] Baseline year for various NAAQS: [This criterion may be met in PM2.5

nonattainment areas if a regional emissions analysis that satisfies the requirements of 

11 

12 20.11.3.122 NMAC and 

13 Subsections G through J of 20.11.3.119 NMAC demonstrates that for each analysis year and for each of the 

14 pollutants described in Subsection F of 20.11.3.119 NMAC, one of the following requirements is met] The baseline 

15 year is defined as follows: 

16 (1) [the emissions predicted in the “action” scenario are not greater than the emissions predicted in 

17 the “baseline” scenario, and this can be reasonably expected to be true in the periods between the analysis years; or] 

18 1990, in areas designated nonattainment for the 1990 CO NAAQS or the 1990 NO2 NAAQS.

 (2) [the emissions predicted in the “action” scenario are not greater than:] 1990, in areas designated

nonattainment for the 1990 PM

19 

20 10 NAAQS, unless the conformity implementation plan revision required by 40 CFR 

21 51.390 defines the baseline emissions for a PM10 area to be those occurring in a different calendar year for which a 

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 PM2.5 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 

27 ] designations [for any PM2.5 NAAQS other than the 1997 

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 

PM2.5 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) NOx in ozone areas, unless the EPA administrator determines that additional reductions of NOx

would not contribute to attainment; 

 (3) CO in CO areas; 

 (4) PM10 in PM10 areas; 

 (5) VOC and NOx in PM10 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 PM10 nonattainment problem and has so notified the MPO and DOT; 

 (6) NOx in NO2 areas; 

 (7) PM2.5 in PM2.5 areas; 

 (8) re-entrained road dust in PM2.5 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 PM2.5 nonattainment problem and has so notified the MPO and DOT; 

 (9) NOx in PM2.5 areas, unless the EPA regional administrator and the director of the state air agency 

have made a finding that emissions of NOx from within the area are not a significant contributor to the PM2.5

nonattainment problem and has so notified the MPO and DOT; and 

 (10) VOC, SO2 and ammonia in PM2.5 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 PM2.5 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 

56 Paragraph (2) of Subsection C, and Paragraph (1) of Subsection D [and Paragraph (1) of Subsection E] of 

20.11.3 NMAC Public Review Draft, 6/26/12 34
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 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 

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 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. 

 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 “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 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 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 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 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
1 A. Disapprovals:

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 years of the currently conforming transportation plan and TIP 

or that meets the requirements of Subsection F of 20.11.3.104 NMAC during 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 control 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 notifies 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 the 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] 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: 

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 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). { 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] 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, 

unless the recipient finds that the requirements 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 analysis 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 such projects 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 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. 

 (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 reduction 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 project, program or activity is included in the applicable implementation plan; 

 (c) the control 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, such as vehicle tailpipe standards), or the Clean Air Act 

requires the program without need for individual state action 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, severe and 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 DOT and shall be updated periodically. 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-based travel models shall be validated against observed counts (peak and off-peak, 

if possible) for a base year that is not more than 10 years 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 that 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-based 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) estimates 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 for regional emissions analysis requirements 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 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 designated 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 consider future economic activity, transit alternatives and 

transportation system policies. 

 E. PM10 from construction-related fugitive dust:

 (1) For areas in which the implementation plan does not identify construction-related fugitive PM10

as a contributor to the nonattainment problem, the fugitive PM10 emissions associated with highway and transit 

project construction are not required to be considered in the regional emissions analysis. 

 (2) In PM10 nonattainment and maintenance areas with implementation plans that identify 

construction-related fugitive PM10 as a contributor to the nonattainment problem, the regional PM10 emissions 

analysis shall consider construction-related fugitive PM10 and shall account for the level of construction activity, the 

fugitive PM10 control measures in the applicable implementation plan and the dust-producing capacity of the 

proposed activities. 

F. PM2.5 from construction-related fugitive dust:

 (1) For PM2.5 areas in which the implementation plan does not identify construction-related fugitive 

PM2.5 as a significant contributor to the nonattainment problem, the fugitive PM2.5 emissions associated with 

highway and transit project construction are not required to be considered in the regional emissions analysis. 

 (2) In PM2.5 nonattainment and maintenance areas with implementation plans that identify 

construction-related fugitive PM2.5 as a significant contributor to the nonattainment problem, the regional PM2.5

emissions analysis shall consider construction-related fugitive PM2.5 and shall account for the level of construction 

activity, the fugitive PM2.5 control measures in the applicable implementation plan, and the dust-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 Vehicle 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 plan or TIP contains all projects that shall be started in the TIP’s time frame in 

order to achieve the highway and transit system envisioned by the transportation plan; 

 (b) all plan and TIP projects that are regionally significant are included in the transportation 

plan with design concept and scope adequate to determine 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 previous regional emissions analysis is 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. 

 (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 adequate 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 determination 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, PM10 AND PM2.5 

CONCENTRATIONS (Hot-Spot Analysis):

A. CO hot spot analysis:

 (1) The demonstrations required by 20.11.3.116 NMAC (Criteria and Procedures: Localized CO, 

PM10 and PM2.5 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 categories 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 shall 

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 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; 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) quantitative methods that represent reasonable 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 findings for applicable FHWA or FTA projects. 

B. PM10 and PM2.5 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 diesel vehicles related to the project; 

 (c) new bus and rail terminals and transfer points that have a significant number of diesel 

vehicles congregating at a single location; 

 (d) expanded 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 in the 

PM10 or PM2.5 applicable implementation plan or implementation plan submission, as appropriate, as sites of 

violation or possible violation. 

 (2) Where quantitative analysis methods 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 PM2.5 or PM10 nonattainment or maintenance 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 concentrations 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 shall 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 determined through the interagency consultation process described in 

Paragraph (1) of Subsection D of 20.11.3.105 NMAC. 

 (3) Hot-spot analysis assumptions 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, PM10 or PM2.5 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, PM10 and PM2.5 hot-spot analyses are not required to consider 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 PLAN SUBMISSION):

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 sources shall 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 implementation 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 one MPO, the implementation plan may establish 

motor vehicle emissions budgets for each MPO, or else 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 DESIGN CONCEPT 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 Transit 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 PM10, PM2.5 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 transportation 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 applicable hot-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 notifies the agencies involved in the interagency consultation 

process required under 20.11.3.105 NMAC. The MPO and DOT 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 subject 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
1 TABLE 2. EXEMPT PROJECTS

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 assistance other than signalization 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 reconstructing bridges (no additional travel lanes) 

Emergency truck pullovers 

MASS TRANSIT

Operating assistance to transit agencies 

Purchase of support vehicles 

Rehabilitation of transit vehicles1

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 structures (e.g., rail or bus buildings, storage and maintenance 

facilities, stations, terminals and ancillary structures) 

Rehabilitation or reconstruction of track structures, track, and trackbed in existing rights-of-way 

Purchase of new buses and rail cars to replace existing vehicles or for minor expansions of the fleet1

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 unrest or terrorist acts, except projects involving substantial 

functional, locational or capacity changes 

20.11.3 NMAC Public Review Draft, 6/26/12 43
 Note: 1

In PM10 and PM2.5 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 requirements. The local effects of these projects with respect 

to CO, PM2.5 or PM10 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 FROM REGIONAL 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 areas for no more than three years from certain 

requirements of 20.11.3 NMAC if these areas are selected to 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 pilot program, areas selected to participate 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 the 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 to fulfill 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 contained 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 conformity remain 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 EXHIBIT 

~-------------------------------------------------------4 1 18 I 

Published in the Albuquerque ,Journal on Sunday July 15,2012 

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD NOTICE OF 

HEARING AND REGULAR MEETING On September 12,20 12, at 5:30pm, the Albuquerque-Bernalillo 

County Air Quality Control Board (Air Board) will hold a public hearing in the Vincent E. Griego 

Chambers located in the basement level of the Albuquerque-Bernalillo County Govemment Center, 400 

Marquette Avenue NW, Albuquerque, NM. The hearing will address: Proposal to amend 20. 11.3 NMAC. 

Transportation Conformity, and to incorporate an amended 20. 11.3 NMAC into the New Mexico State 

Implementation Plan (SIP) for air quality. The Air Quality Division (AQD) of the City of Albuquerqu~ 

Environmcntal l lealth Department is proposing these amendments in response to the promulgation by the 

U.S. Environmental Protection Agency (EPA) of an amended federal transportation confonnity rule. On 

March 14, 2012, the EPA promulgated changes to the transpm1ation confom1ity rule. This rule became 

effective on April 13, 20 12 [FR Vol. 77, No. 50, 14979-14988]. In response, and as required by EPA, the 

AQD is proposing amendm~nts to update the local confmmity regulation. EPA's updated rule: The EPA has 

finalized changes to the transportation confonnity rule to make the rule apply to any future new or revised 

nationa l ambient air quality standards (NAAQS). The final rule restructures two sections of d1e 

transpm1ation confonnity rule so that existing requirements wifl 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 ce11ainty 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. Depattment of Transportation to develop this fmal 

rule. Background Transportation confonnity is a Clean Air Act requirement that ensures that federally 

supported highway and transit projects are consistent wrth SIPs. Confom1ity helps protect public health 

through early consideration of the air quality impacts of transportation decisions in places where air quality 

does not curTently 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 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 requirements clearly apply to 

areas designated for future new or revised NAAQS, thus reducing the need to amend the tra11sportation 

conformity ruJe mere ly to reference specific new NAAQS. As a result of these changes, the confonnity 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 tlexibilities that are cunently available only to ozone 

areas. Health and Environmental Benefits The fi11al rule ensures that transportation activities are consistent 

with air quality goals of the transportati011 conformity program. The final rule ensures that all 

nonattainment and ma intenance areas use confonnity 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 atnended 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 regulations. 

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 argwnents, 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 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 EXHIRtT 

New Mexico Register I Volume XXIII, Number 14 / July 31, 2012 

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD 

NOTICE OF HEARI NG ANO EGULAr~ MEETING 

i 

I 

On September 12, 201 2, at 5:JO pm. the Albuqucrque-Remalillo County Air Quality Control Board (Air Board) will 

hold a public hearing in the Vi ncent E. Griego Chambers located in the basement level of the AlbuquerqueBernalillo County Govemm~nt Center. 400 Marquette Avenue NW, Albuquerque, NM. 

The hearing will address: Proposal to amend 20.1 1.3 NMAC. 71-tmsportation Conformi~v. and to incorporate an 

amended 20. I 1.3 NMAC into tJ1c New Mcxiw State Imp lementation Plan (SIP) for air quality. The Air Quality 

Division ( AQD) of the City or Albuquerque Environmental Health Department is proposing these amendments in 

response to the promulgation hy the U.S. Environmental Protection Agency (EPA) of an amended fede ral 

transportation contormity rule. 

On March 14. 20 12. the EPA promulgated change~ to the transportation conformity rule. This rule became effective 

on April 13, 2012 [FR Vol. 77. No. 50, 14979- 14%!<1. 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 finali zed changes to the transportation conformity rule to make the rule appl y to any future new or 

revised national ambient air quality standards (NAAQS). The final mle restructures rwo sections of the 

transportation contormity rule so that (•xisting requirements wi ll apply fi1r any new or revised NAAQS. 

Restructuring these sections will reduce the need to amend the rule in the future merely to reference a speci lie 

NAAQS and will provide more certainty to transportation planners without compromising environmental bencflts. 

This final rule ensures that air quality is protected and clarifies requirements for implementers. EPA has worked 

closely with the U.S. Deparunent ofTrnnsp011ation to-develop t'his final rule. 

Background 

Transportation confonnity is a Clean Air Act requirement that ensures that tcdcrally supported highway and transit 

projects <Jre consistent with SIPs. Conformity helps protect public health through early t>Onsidcration of the air 

quality impacts of transportation decisions in places where air quality docs not curTently meet federal $tandards or 

has not met them in the past. 

Key Elements of the Final Rule 

The final ruJc primarily restructures two sections of the conformity rule, 20. 1l.3. 109 NMAC (40 CFR 93.109] and 

20.11.3.1 19 NMAC [40 CFR 93.11 9], so that the existing rule requirements dearly apply to areas designated for 

futu re new or revised NA/\QS, thus reducing the need to amend the transportation conformity rule merely to 

ndi::rencc 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 all ows PM2.5 areas with clean air quality data to ::~k e advantage of 

wnformity flexibilities that arc 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 

confo rmi ty ogr::~m. The final rule ensures that all nonauainmcnt and maintenance areas usc conformity tests that 

ensure air quality progress continues in areas that need to anain 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 CO!!/Ormity . and incorporating 

the amended regulation into the SIP. 

The Air Board is the federally delegated air quality authority to r Albuquerque and Bernal illo County. Local 

delegation authorizes the Air Board to adminisrer and enforce the CAA and t·he New Mexico Air Quality Control 

Act, and to require local air pollution sources to comply with air quality standards and regulations. 

Hearings and meetings of the Air Board are open to the public and all interested persons are encouraged ro 

participate. All persons who wish to testify regarding the subject of the hearing may do so at the hearing and wi ll be 

Zb 
New 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] 

Sent: Friday, July 13, 2012 5:05PM 

To: Bull, Neal T. 

Subject: Notice of Hearing and Meeting- 20.11 .3 NMAC, Transportation Conformity 

Follow Up Flag: Follow up 

Flag Status: Purple 

Notice of Hearing and Meet ng -

20 11.3 NMAC, Transportation Conformity 

ALBUQUERQUE-BERNALILLO COUNTY AIR 

QUALITY CONTROL BOARD 

NOT ICE OF HEARI NG AND REGULAR M EETING 

On September 12, 2012, at 5:30pm, the Albuquerque-Bernalillo 

County Air Quality Control Board (Air Board) will hold a 

public hearing in the Vincent E. Griego Chambers located in the 

basement leve l of the Albuquerque-Bernalillo County 

Government Center, 400 Marquette A venue NW. Albuquerque, 

NM. 

The hearing will address: Proposal to amend 20.11.3 NMAC, 

Transpot1ation Confonnity, and to incorporate an amended 

20.11.3 NMAC into the New Mexico State Implementation Plan 

(SIP) for air quality. The Air Quality Division (AQD) oftbe 

City of Albuquerque Environmental Ifea1th Department is 

proposing these amendments in response to the promulgation by 

the U.S. Environmental Protection Agency (EPA) of an 

amended federal transportation confonnity rule. 

On March 14, 2012, the EPA promulgated changes to the 

transportation confonnity rule. This m le became effective on 

April 13, 2012 [FR Vol. 77. No. 50, 14979-14988]. 1n response, 

and as required by EPA, the AQD is proposing amendments to 

update the local conf01mity regulation. 

EPA's updated rule: 

EXHIBIT 

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 (NO I) 

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 (tdoyle@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 forward this notice to the MTB pursuant to 20.11.3.105.C.(2) NMAC, 

"Development of Applicable Implementation Plans"? 

Specifically: 

"Upon release of the final draft of the SIP revision for public review, the EH D shall submit the 

final draft document to the MTB and agencies in Paragraph (I) of Subsection B of20.11.3. 105 

NMAC for review and comment before fina l 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 shal l be pt·ovidcd upon request." 

Thank You 

Neal Butt 

Environmental Health 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 download a copv of the petition This petition will b e 

an item on the Air Quality Control Board Draft Agenda for the 
meeting 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. 

From: 

Sent: 

To: 

f AQD EXHIBfT 

: 3b 

I 

Butt. Neal T. 

Tuesday, July 03, 201210:39 AM 

Aaron Sussman (asussman@mrcog-nm.gov); de Garmo, Andrew F.; Anne Mclaughlin 

(anne.mclaughlin@state.nm.us); Archuleta. Elias, NMDOT; Blake Roxlau 

(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); Heitmann, Greg (greg.heltmann@dot.gov): Jeff Riley 

(Riley.Jeffrey@epamaif.epa.gov); Katherine Trujillo (Katherinej.trujillo@state.nm.us); Kerwin 

Singleton (Kerwin.Singleton@state.nm.us); 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 Mobarak (rmobarak@bernco.gov); 

Rodolfo Mange-Oviedo (rodolfo.monge-oviedo@doLgov); 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); Tony 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"· 

"Upon release of the final draft of the SIP revision for public review, the EHD shall submit the 

tina! dTaft document to the MTB and agencies in Paragraph ( 1) of Subsection B of 20.11.3.1 05 

NMAC 

[e.g. The affected agendes acting in consultation include: EHD; EPA; FHWA; FTA; MPO; state DOT; local 

publicly-owned trnnsil operator: appropriate loc:al government transportation agencies and land use planning 

agencies (e.g. city of Albuquerque at1d Bernalillo county planning departments); and olher federa l and state agencies 

as ppropri<~te.] for review and comment before final adoption by the AQCB. The EIID sha ll 

provide at least a 30 day review and comment period consistent with C AA requirements. 

Briefings to the MTB shall be provided upon request. " 

Please see notice below. lf you have any questions please let me know 

Thank You 

Neal Butt 

Environmental Health Scientist 

Air Quality Division 

(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 
!Direct Testimony for Hearing r egarding 20.11.3 NMAC, Transportation 

Conformityj 

Slide 1: Caption 

f AQl> EXHIBIT 

I '-

J 

Thank you Madam Chair Upson, and members of the Board. My name is Neal Butt. I 

am an Environmental l lealth Scientist with the Air Quality Division, Control Strategies 

Section. I am here 

IN THE MATTER OF THE PETITION TO AMEND 20.11.3 NMAC, 

TRANSPORTA TLONCONFORMITY, AND INCORPORATE SAID 

AMENDMENTS INTO THE NEW M.EXICO STAT E IMPLEMENTATION PLAN 

FOR AJR Q UALITY(SlP) AQCB Petition No. 2012-4 

SLIDE 2: What is transportation conformity? 

Transportation confonnity is a Clean Air Act (CAA) requirement that ensures that 

federally-f-unded highway and transit projeds are consistent with, or "conform to" the 

state air quality implementation plan or ''SIP". Transportation Confmmity helps protect 

public health by requiring early consideration of the potential air quality impacts of 

transportation decisions made in places where air quality does not currently meet federal 

standards or has not met them in the past. 

SLIDE 3: Reason for proposed amendments to 20.11 .3 NMAC, Transportation 

Conformity 
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 PM25 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 PM2 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' 14112 re: 40 CFR 93.101} 

7 (71lt98; 20.11.3.7 NMAC- Rn, 20 NMAC 11.03.1.7, &A, 6/ l /02; A, 6113105; A, 12117 08; A, II 15110) 

8 

9 20.11.3.8 VARIANCES: (Reserved) 

10 [711/98; 20.11.3.8 NMAC- Rn, 20 NMAC 11 .03.1.8, 611102) 

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, 61 I 02; A, & 13105) 

17 

18 20.11.3.10 SEVERABILITY: If any 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 [711/98; 20.11.3.10 NMAC- Rn, 20 NMAC 11.03.1.10, 6' 1102; A, 6/ 13105) 

22 

23 20.11.3.11 DOCUMENTS: Documents incorporated and cited in 20.11 .3 NMAC may 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 [7'1198; 20.11.3.11 NMAC- Rn, 20NMAC 11.03.1.11, 6/li02;A, 6113105] 

27 

28 20.11.3.12 [Reserved) 

29 (7 '1/98; 20.11.3.12 NMAC- Rn, 20 NMAC ll.03.LI2, & A, 6d102; 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 oonformity 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, unless 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 transportation 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 conformity detennination shall lapse. 

55 C. Frequency of conformity determinations for transportation improvement programs: 

i Comment: Page 7 of PRD 

~ AQD EXHIBIT 

i 5 

I 
STAFF 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 

I 0 motor vehicle emissions budge IS for !hat other NAAOS. where such oonionCsl can reasonably be identified through 

II the interagency consultation 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 bv 20.11 .3. 1 19 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. I OS 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 if 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 the 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 implementation pion or plan 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 vehicle emissions budget is a net 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 interim emissiens e~IS Rlltllirt!d by21J II.l 1191>1~1:1'.C; er 

53 (e) ~e sta~lktibfllilte 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 

Comm ent: Page 19 ofPRD n: 

20.1 t.3.l09.C.(2).(ct.(i) NMAC J 
STAFF 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) lw 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 conformity determinations made if the submitted implementation clan revision for a P~ 

21 nonanainrnent area js a demonstration of impracticabilitv under 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 NMQS nenakainment &RdmainleA&AI!e-eF4!Bs witileul tneter ,.,~ 

24 elftissiaiiS llullg~ s fer tile J ileur e;eene NMQS fer &Ry pertian er tile 8 lteur nenanaiRitll'nl ana l Hoi-SQOt 

25 conformlh test requirements for CO. PM~ and PM!ll non attainment 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 of such 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 IHflfermilt 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 fer 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 BJIJife'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.Ue 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 eenfermity 

47 Eletermiaat e~ made when there is ne eppre •ell meter vekiele emisstef\s bull gel ftem 811 epplie11ble itnpletfleAI9UBA 

48 plan feF Ike 8 lleur e~ne ~IA>" QS MEl ne adequate meter "elliele emissiens budget ffe111 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 test 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 ~. emissieas1 &Ail tile >10, fft81er veluele emisste85 l!~tdge1 IS a ne1 reG11e1ien lfem NO. emtsstens le~ els tn 2001 
STAFF 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 revisi8A 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 elassilieEI 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 see lei As rAetef Yel!tEie 

13 t!ftlis5iens b11dget(s) &Ad &A alleil!fAeAI demeASiflitieA1 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 AeRoHaiRment 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 PM1n 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 Sllb!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.iRitl 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 (~) ht 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, ifs11eh 

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 Comment: Page 23 of PRO. re· 

20.11.3.109.G.(2) NMAC 
STAFF 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 Comment: 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 (transportation plan, TIP or project not from a conforming 

6 transportation plan and TIP) on motor vehicle emissions from the entire transportation system. {FR Vol. 77, No. SO, 

7 pp. 14979-88, 3114,(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. LI9(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 the 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 bv any nonzero amount{FR Vol. 77, No 

19 50, pp. 14979-88,3, 14, 12 re: 93.119(bXI)(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 "action" 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 Vol. 

34 77, No. SO, pp. 14979-88,3 J4112 re: 93.119(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]. {PIP' el 7111 )I e. i91 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 "baseline" 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 vear 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 requirements 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 or 
STAFF PROPOSED FLOOR AMENDMENTS 

I (b) the emissions predicted in lhe "action" scenano are not greater than[~] emissions tn the 

2 basehncyearJor 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 and N02 areas: This criterion may be mel in PM1,1, PM 10 and N02 nonanainment 

5 areas if a regional emissions nnalysis that satisfies the requirements of20.11.3.J22 NMAC and Subsections G 
STAFF PROPOSED FLOOR AMENDMENTS 

I !!J!r12~~ ~ of 2J)J l·~·J 19 NM~9 del!l~~(fllle_s !}I _a\_ fgt each 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 "baseline" 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!, baseline 

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 PM10 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 N AAOS: [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~sis '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 revision requtred by 40 CFR 

21 51.390 defines the baseline emissions for a PMlll area to be those occurring in a different calendar year 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 PM2 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 1997 

28 ~)in areas designated nonattairunent for a NAAQS that is promulgated afier 1997. {FR Vol. 77, No. 

29 50, pp. 14979-88, 311 411 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) PM10 in PM10 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 of such precursor emissions from within the area are a significant contributor to 

38 the PM to nonattainment problem and has so notified the MPO and DOT; 

39 (6) NO, m NOl areas; 

40 (7) PM2.j in PMu 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-entrained road dust within the area are a significant contributor 

43 to the PMB 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 contributor to the PM1.$ 

46 nonattainment problem and has so notified the MPO and DOT; and 

47 (10) VOC, S01 and ammonia in PMu 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 analysis years that are no more than 10 

52 years apart. The first analysis year shall be no more than five years beyond the year 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 

Comment: Page34 ofPRD n:: 

20.113.119.0,(2) NMAC 
Butt, Neal T. 

From: Jeffrey Riley [Riley.Jeffrey@epamail.epa.gov] 

Sent: Monday, August 27, 2012 11:52 AM 

To: Butt, Neal T. 

Cc: Nieto, Margaret 

Subject: RE: FW: Final Transportation Conformity Restructuring Amendments Signed 

Follow Up Flag: Follow up 

Flag Status: Purple 

Good Afternoon Neal, 

Yes, this language looks good to me - thanks very much for addressing my question! 

Jeffrey Riley 

US EPA- Region 6 

Multimedia Planning 

and Permitting Division 

(214 }665-8542 

riley .jeffrey@epa. gov 

From: "Butt. Neal T." <NButt@cabq.gov> 

To· Jeffrey Riley/R6/USEPAIUS@EPA 

Cc· "Nieto, Margaret" <mnieto@cabq.gov> 

Date· 08/27/2012 12:16 PM 

Subject· RE: FW: Final Transportation Conformity Restructuring Amendments Signed 

Jeff, 

Page 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. However, I did not see your 

suggested language "by any nonzero amount" in reference to 20.11.3.119.C. 

(2).(b) NMAC I 40 CFR 93.119(c)(2)(ii). Please see attached proposed floor 

amendments to see if they satisfactorily resolve the issue(s) you have 

raised. 

Thank You, 

8/27/2012 
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 United States .._,.,~ Environmental Protection 

'' Agency 

EPA-420-8-12-012 

February 2012 

fAQD EXHIBIT 

Transportation Conformity Rule Restructuring Amendments 

Comparison Table 

g 

! 

This comparison table is intended to assist readers in understanding how the conformity rule has been amended per 

the "Transportation Conformity Rule Restructuring Amendments" final rule (Docket# EPA-HQ-OAR-2009-0128). 

Sections of the conformity rule that have been amended are included in the table below. Sections of the transportation 

conformity rule that were not amended are not included in the table. 

Until these rule amendments are published in the Code of Federal Regulations (CFR), readers should refer to the final 

rule for current regulatory requirements. 

Topic Previous Description of Previous Provision Updated Purpose of Amendment 

Conformity Provision 

Rule 

Section 

Definitions 93.101 Under "NAAQSI" paragraphs (1) through 93.101 Removes the definitions for specific 

(6) identified specific NAAQS: "1-hour NAAQS; the conformity rule applies 

ozone NAAQS" I "8-hour ozone NAAQS" I to any ozone. CO, N021 PM2.s or 

"24-hour PM10 AAQS '~ "1997 PM2.5 PM1o NAAQS 

NAAQS1', 'l2006 PM2.5 NAAQS", and 

"Annual PM10 NAAQS" 

93.101 "Clean data" definition 93.101 Updates definition, no substantive 

chanqe 

Consultation 93.1 05(c)(1 )(vi) Interagency consultation procedures: 93.1 05(c)(1 )(vi) Updates a reference; no other 

Specific processes chanoes made 

General 93.109(b) Description of how 93.1 09 as a whole is 93.109(b) Updated to reflect revised structure: 

Criteria and structured that paragraph (c) addresses the 

Procedures use of budget test and/or interim 

emissions test(s) and (d) addresses 

the hot-spot test; other references 

updated 

Conformity 93.109(c) 1-hour ozone areas N/A Deletes this section as it is no 

Tests: Ozone longer applicable. The 1-hour 

ozone NAAQS has been revoked. 

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) FHW A/FTA projects in 2006 PM2.5 93.109(d)(3) Includes hot-spot conformity test 

requiring a hot-spot analysis requirements for all PM2.5 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 Transcripts for 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

news 13:11,14

nm 19:20

nmac 1:3 3:3,4,7

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

O

oath 6:10

october 17:3

officer 1:18 2:7

13:10

okay 9:17 10:6 11:6

11:24 12:4,7,10

14:12 17:15

opening 2:14 10:18

10:20

opposed 18:17

opposing 4:23

ordinances 15:24

ozone 8:9 13:21,23

14:3,15,24 17:12

P

p 1:21 2:1,1 4:6

12:21 13:1 18:19

page 2:13 11:4

13:15 14:4 17:10

17:11,16

parallel 7:22,23

9:20 11:21

part 5:6 11:18 14:1

particular 10:14

parties 4:21 19:12

passes 18:18

personal 19:7,13

petition 1:2,3 3:3

4:8 6:17,21 13:6

petitioner 1:7

places 7:5

plan 1:5 4:11 6:20

7:1 13:5 15:12

16:14

plaza 1:20 2:11

16:5

please 5:1

plural 13:18

pm2 8:7

point 12:12,14,20

14:13

pointing 13:10

pollution 15:20

16:19

potential 7:4

powerpoint 14:18

prepare 12:24

prescribing 15:20

present 4:15 16:16

presentation 9:5

14:14

presented 16:16

prevent 15:19

16:18

previous 11:1

procedures 16:9

proceed 6:5

proceedings 18:19

19:10

projects 6:25

promulgate 15:16

promulgated 7:11

property 6:1

proposal 4:24

proposals 5:19

proposed 3:6,9

5:17 7:8 8:10,17

8:19 9:2 16:23

17:19,20 18:1,2

proposing 7:16

protect 7:2

protection 7:10

provision 11:11

public 3:4 4:2,23

5:1,13 6:2 7:3

12:16 16:2,15

publish 15:16

Q

quality 1:1,5,6,12

2:2 4:7,11,20 5:22

6:16,20,21 7:1,4,5

7:15 8:7,23,24

13:5,6,7 15:8,12

15:13,15,18,19,24

15:25 16:8,14

18:10

question 9:13

10:23,24 11:8

questions 5:12,13

9:11 10:7,22

12:13,14 14:11

15:3

R

r 2:1

read 12:1 13:25

reading 17:20

reads 11:11 13:21

ready 6:5

reason 7:8 12:19

reasonably 16:17

received 3:10 8:16

recess 13:1

record 5:7 9:7,9

19:9

recorded 19:6

records 17:6,7

reducing 8:1

refer 10:14

reference 8:3

regarding 8:16

11:8

register 11:23 12:1

regs 10:2

regulation 7:17

17:1

regulations 5:21

10:12 15:17,20

16:1

regulatory 5:17

related 5:13

relative 19:11

rely 10:1,2

remarks 2:14,17

15:3

remember 5:5

remembered 1:16

repeal 15:17

reporter 5:9 12:24

19:5

represent 5:10

request 9:6 13:25

requests 8:23

required 7:14 17:6

requirement 6:24

13:17 17:10

requirements 3:7

7:25 15:22 16:7

17:11

requires 15:14

requiring 7:3

resolution 13:7

14:1 15:7,9 17:16

18:10,11,17

resolved 16:20

respectfully 8:23

13:25

response 7:14

restructures 7:20

restructuring 3:11

8:11

result 8:4

review 3:4

reviewing 13:14

revised 8:1 17:1

revision 9:4 16:13

17:24

revisions 10:10

revocation 11:15

revoked 11:17

rewritten 10:13

right 10:17 11:20

11:22 12:3 14:19

15:5 18:4,8

room 5:3

rule 3:11 7:12,18

7:20,21,24 8:2,5,6

8:11,11 9:20,22

9:25 13:13,19

rulemaking 3:6

16:9

rules 5:3

rulings 5:15

S

s 2:1 3:1

sanctions 10:4

says 17:17

scientist 6:15

scope 10:11

second 14:21 18:4

18:6,7

section 5:22 6:16

7:22,23

sections 7:21

seeing 12:18

sentence 11:1,2,11

september 1:17 4:3

16:2,10,15,24

17:9,22 19:15

serious 9:18

session 4:2

sharpe 2:6 4:16

sheet 5:2

short 12:24

shorthand 19:6

shown 8:12,15,18

8:20 9:1,2
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 23

sign 5:1

significant 7:19

signup 5:2

similar 10:25

sip 1:5 4:11 6:20

7:1 9:4 15:12

16:14 17:2

slide 14:20,21

social 6:2

sorry 14:7

sources 6:3

specific 8:3 10:14

10:24

staff 3:9 8:19 9:2

16:25 17:4,20

18:2

standard 7:17

standards 7:7

10:12,14 15:19,21

state 1:4 4:10 6:19

7:1 13:4 15:12

16:14 17:6,7 19:1

states 7:10 15:22

stephen 2:4

steve 4:15

strategies 6:16

strike 14:3

subject 6:3

submit 9:3 17:1,4

submitted 16:13

subsection 11:13

13:15

substance 17:8

suggested 8:18

sullivan 2:4 4:17

18:14

supervision 19:8

support 4:23

supposed 13:12,17

13:24 14:15

sure 11:21,23 12:9

14:10

sworn 5:5,8 6:7,10

T

t 3:1

table 3:12 5:2 8:12

take 4:22 8:7 12:24

16:25

taken 13:1

talking 14:17

testified 6:11

testifies 5:8

testify 4:25 5:11

testimony 2:16 3:8

4:20,22 5:5,6,9,14

6:8,12 12:15

16:16

text 8:17

thank 6:13 9:8

10:21 12:22,23

15:1,4

thats 10:16 11:20

11:25 12:5 13:11

14:23

think 11:20 12:10

three 13:2 17:2

time 4:6 10:13,13

15:5 18:9

times 13:21

tonight 4:15,19

5:16

transcribed 19:7

transit 6:25

transportation 1:4

3:4,5,11 4:9 6:18

6:22,23 7:2,4,9,12

8:2,10,25 9:24

13:3 15:10 16:11

16:22 17:3,5,18

18:1

triplecheck 11:21

true 19:8

try 9:25

trying 9:21

two 6:2 7:20 16:24

17:16

U

unanimously 18:18

undersigned 19:4

understanding

10:10

united 7:10 15:22

update 7:17

V

value 6:3

vice 2:3 4:16 6:13

9:17 10:16 13:9

17:13

vincent 1:18 4:3

16:3

virtually 11:25

visibility 6:1

vote 18:9

W

want 4:25 13:13

warrant 16:18

way 10:17 11:18

12:1,11 13:11,13

weight 5:23

welfare 6:1

witness 4:22 5:12

5:13

witnesses 5:6,11

wont 10:1,17

word 11:8,9 13:17

13:23 14:3,3,15

14:24 17:10,12

worded 11:18

written 12:2

X

x 2:13 3:1

Y

year 7:13 11:12

youre 14:17

Z

0

1

1 3:3 9:6,9,10 11:5

105 3:7

109 7:21,22 10:24

10:25

11 1:3 3:3,4,7 4:8

6:18 7:9,22,24

8:25 11:14 15:10

16:8,11,12,22

17:2,5,18,25

119 7:23,24

12 2:17 19:20,20

124 19:20

12th 1:16 4:3 16:2

16:10,15,24 17:9

17:22

13th 7:13

14th 7:10

15th 17:3

18 11:4 13:15 14:4

17:10,11

19th 19:15

1a 3:3 9:1 16:23

17:19 18:2

2

2 3:7 11:14

20 1:3 3:3,4,7 4:8

6:18 7:9,22,24

8:25 11:14 15:10

16:8,11,12,22

17:2,5,18,25

2012 1:17 4:3 7:10

16:2,10,15,24

17:4,9,22 19:15

20122 13:7 15:7,9

18:10

20124 1:2 6:21 13:6

2a 3:6 8:15

2b 8:15

2c 8:15

3

3 1:3 3:3,4,7 4:8

6:18 7:9,22,24

8:25 11:14 15:10

16:11,12,22 17:2

17:5,18,25

31 19:20

32 1:21 4:6

35 13:17 17:10

38 11:7

3a 3:7

4

4 2:14 3:8

40 7:21,22 13:20

14:3 17:11

42 13:1

45 12:21 13:1

5

5 1:21 3:9 4:6 8:7

8:20 9:3 12:21

13:1 17:21 18:3

51 18:19

6

6 2:16 3:10 8:18

7

7 3:11 8:13 9:6,9,10

13:1 18:19

7425 15:14

7425e 5:22

8

82 16:8

87102 2:11

9

9 3:5,6,7,8,9,10,12

93 7:21,23 11:18