:-; ~.-. ·.: . ' 

!\L'··"-1 .... : 

\IR .. \~·::L:··· :"~: 

11 'U'!-'J p·J1 s-c:::; ~· I< (. J '· ' ,J ~I 

RECEIVED 

II JUN -2 PH 3: 45 

State of New Mexi(gOERNAL AFFAIRs o1v1sroN 

Susana Martinez 

Governor 

May 24, 2011 

Dr. Alfredo Armendariz, Regional Administrator 

U.S. Environmental Protection Agency, Region VI 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

6RA.~.~ ........ 6EN 60 . .. .............. . RA.~'.'~.I ..... 6WQ 

6MD ............. 6SF ............... . 60 ................. . EJ ............ 6RC 6P · ................. . D. Of!:)'=;-! .... 6XA .. <1{':'~\ ........ . 

Cv,..vr \ 

Subject: Request for Approval of Revision to the State Implementation Plan for 

Air Quality, for 20.11.4 NMAC, General Conformity 

Dear Dr. Armendariz, 

I am writing 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 revision to the regulation, 20.11.4 NMAC, General 

Conformity, which applies to Bernalillo County, New Mexico. 

The Albuquerque-Bernalillo County Air Quality Control Board (AQCB) adopted these revisions on 

February 9, 2011, after a public comment period and subsequent public hearing held on the same 

evening. I believe that the submitted materials provide adequate documentation to support the 

requested SIP revision. The proposed regulatory changes to 20.11.4 NMAC, General Conformity 

were made in response to EPA:s promulgation of an amended federal General Conformity rule on 

March 24, 2010, which became effective on July 6, 2010. 

To meet General Conformity requirements, federal entities must demonstrate that emissions from 

their actions will not exceed emission budgets established in a state's plan to attain or maintain 

the NAAQS. EPA:s revised rule improves the process federal entities use to demonstrate that 

their actions will not oontribute to a NAAQS violation, provides tools to encourage better 

communication and air quality planning between states and federal agencies, and encourages 

both the federal agencies and the states to take early actions to ensure projects will conform to 

the state's plans to implement the NAAQS. 

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; 

State Capitol • Room 400 • Santa Fe, New Mexico 87501 • 505-476·2200 • fax: 505·476·2226 
Request for Approval of Revl~ion to the Sure lmplemcmation Plan for Air Quality, for 20.11.4 N11AC: 

-2-

3) Comments and responses; 

4) The proposed SIP revision for 20.11.4 NMAC, General Conformity, 

adopted by the AQCB; 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, 

~r/;r••'- ~·• Susana Martinez 

Governor 

State of New Mexico 

cc: Mary Lou Leonard, Director, Albuquerque EHD 

Richard Goodyear, Acting Chief, Air Quality Bureau, NM Environment Department 

Margaret Menache, Chair, AQCB 

Margaret Nieto, Control Strategies Section Supervisor, AQD 

Enclosures 
SUBMITTAL LETTER FROM EHD DIRECTOR TO 

GOVERNOR 
CITY OF ALBUQ!)ERQ!)E 

PO Box 1293 

Albuquerque 

NM87103 

www.cabq.gov 

March 9, 2011 

Honorable Susana Martinez 

Governor, State of New Mexico 

Office of the Governor 

Room400 

490 Old Santa Fe Trail 

Santa Fe, NM 87501 

SUBJECT: Endorsement of request for the Environmental Protection Agency to 

consider a revision to the State Implementation Plan for Air Quality 

by amending 20.11.4 NMAC, General Conformity 

Dear Governor Martinez, 

I am writing to request your endorsement of the attached submittal to the EPA which 

serves as the basis for a revision to the New Mexico State Implementation Plan (SIP) 

for Air Quality. The attached documentation supports the proposed SIP revision 

which incorporates an amended 20.11.4 NMAC, General Conformity, adopted pursuant 

to Title I of the Clean Air Act Amendments of 1990, into the SIP. If you agree to 

the submission of the proposed SIP revision, a letter of endorsement should be sent 

to the EPA with a request for their approval by way of publication in the Federal 

Register. A draft formal letter to EPA is attached for your convenience. I will provide 

EPA with the necessary review copies of the submittal, so you do not need to send 

any accompanying documentation. Please provide me with a copy of your letter of 

endorsement, or if you prefer to provide me with the original, I will take care of all 

the details. 

The Albuquerque - Bernalillo County Air Quality Control Board (Board) adopted 

these revisions on February 9, 2011, after a public comment period and 

corresponding public hearing held the same evening. We believe that the submitted 

materials provide adequate documentation to support the requested SIP revision. 

Albuquerque- Makl"ng Histmy I 706-2006 
To facilitate your review and processing, the following materials are enclosed: 

1) SIP Completeness Checklist pursuant to 40 CPR 51, Appendix V 

2) Hearing record, including transcripts and exhibits 

3) Public comments and responses 

4) The final SIP revision for 20.11.4 NMAC, General Conformity 

adopted by the Air Board. 

5) A draft formal submittal letter from the Governor 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, 

Direc r 

Albuquerque Environmental Health Department 

cc: Chair, Albuquerque - Bernalillo County Air Quality Control Board 

Margaret Nieto, Control Strategies Supervisor, AQD 

Neal Butt, Environmental Health Scientist, AQD 

Mary Uhl, Chief, Air Quality Bureau, NM Environment Department 

Enclosures 

2 
 1

REVISION TO THE NEW MEXICO STATE IMPLEMENTATION PLAN 

PERTAINING TO 20.11.4 NMAC, GENERAL CONFORMITY

March 2011 

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 

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 20.11.4 NMAC, General 

Conformity, was adopted on February 9, 2011 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 February 11, 2011, and became effective March 14, 

2011. The first page of Attachment A is the transmittal of the regulation to the 

State Records Center signed by Board Chair Jens Deichmann, 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 74-2-5.1 

and; Plan Revisions 74-2-5.2. 

(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 
 2

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 February 28, 2011 in the New Mexico 

Register, Volume XXII, Number 4, 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 also 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 and 2b in Attachment C as evidence that notices 

were published in the local newspaper and the New Mexico Register. The 

New Mexico Air Quality Control Act 74-2-6C 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 

See certified Hearing Record transcripts in Attachment D.

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

 __X__YES ___NO ___N/A 
 3

See AQD Exhibits # 3a, 3b and 3c 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 

20.11.4 NMAC, General Conformity, is applicable to large scale federal 

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 July 21, 2005 effective August 

22, 2005.

 (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. 

 ____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 
 4

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. 

 ___ 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 Chairman Jens Deichmann. 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. 
FILED WITH 

STAT:: F:~Ct:'RQ S CENTER 

NMAC TRANSMITTAL FORM 

124 10 NMAC 

Albuquerque-Bernalillo County Air Quality Control Board No. 4233 (Jnternal Control # N.stgned 

by SRCA 2/8/ 08) 

c/o Environmental Health Department, Air Quality Division 

P.O. Box 1293, One Civic Plaza NW 

Albu_querque NM 87103 

·~"·. i·"f ... . ....... :· .. " 

Name Neal Butt I

Ph # 1(505) 768- one 2660 

E-mail nbutt@cabg.gov 

.•.. '.. 

'_. 

J 505-768-2617 

20.11.4 NMAC Sections 1, 2, 

3, 6, 7, 9, 10, 11, 12, 13, 14, 

15, 16, 17, 161, 162, 163, 

164, and 165 

J.i A,;3th'~.m~ateri1ils lnfor.Por.•iti?au;,;y iftjie;:t;riaif :; ... . :;' ::; :.:<: !"' t :~-;;' · ·"" · j., ~-· -t. ~ .~ '>~:;; ' ""'J,L.._l 

No Yes Please /is:t attachments 

and Internet site(s) i f 

applicable 

Yes D 

Reference I Internet site 

1. 

2 

Public domain D :1, -~ 9~Ji.c,!~~pft.(~~ ~l'f~Uo~s~:~~Iss!-fi!Jg'!,lgttnqy to regulate and the 'Issi.Jing.Author.Jtyto·pro'!'ulgate • _ ;re'gulatJons~.o-n ttii~ sut;Ject(proyiCfe al[ that appl\l,l ,, · . ~ • · ., '· · ~~..., ' 1 ·_:e_ . .;.f: ..,"~ '<t-..a..; • 

New Mexico Air Quality Control Act, NMSA 1978 Section 74- 2·4, 74- 2-S.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. 

Name: Mr. Jens Deichmann Check If delegated 

authority c:::!J 
FILED WITH 

STATE RECORDS CENTER 

20 II FEB I I A (lll : I 7 

This is an amendment to 20.11.4 NMAC, amending Sections 1, 2, 3, 6, 7, 9, 10, and 11; reserving Sections 12w 

152; renumbering Sections 12-19; and adding Sections 161-165, effective March 14,2011. 

20.11.4.1 ISSUING AGENCY: Albuquerque- Bernalillo County Air Quality Control Board. P.O. Box 

1293, Albuquerque, NM 87103. Telephone: (505) [768 26QQ]768-2601. 

[12/16/94 ... 1211195; 20.11.4.1 NMAC- Rn, 20 NMAC 11.04.1.1, 1011/02; A, 3/14111] 

20.11.4,2 SCOPE: 

[A.] The provisions of[lhls-Paft]20.11.4 NMAC shall apply in all nonattainment and maintenance 

areas of and within Bernalillo county. 

A. Prohibition: Pursuant to 40 CFR 93.150: 

(I) No depanmem. agency or instrumentality of the federal government shall engage in. support In 

any way or provide financial assistance for. license or permit. or approve any activity that does not conform to an 

~able implementation plan or maintenance plan. 

(2) A federal agency must make a determination that a federal action conforms to the applicable 

implementation plan or maintenance plan in accordance with the requirements of20. 11.4 NMAC before the action 

is taken. 

(3) Reserved. 

(4) Notwithstanding any provision of 20.11.4 NMAC. a determination that an action is in 

conformance with the applicable implementation plan qr maintenance olan does not exempt the action from any 

other requirements of the applicable implementation plan or maintenance plan. the NEPA or the Clean Air Act 

!CAAJ. 

(5) If an action would result in emissions originating in more than one nonattainment or maintenance 

area. the confonnity must be evaluated for each area separately. 

B. Exempt; [THis PaF!]20. I J .4 NMAC does not apply to sources within Bernalillo county, which 

are located on Indian lands over which the Albuquerque - Bernalillo county air quality control board lacks 

jurisdiction. 

[ 12116194 ... 1211/95; 20.11.4.2 NMAC- Rn, 20 NMAC J 1.04.!.2, 10/J/02; A, 3/14111] 

20.11.4.3 STATUTORY AUTHORITY: [Tiiis Paft]20. 11.4 NMAC is adopted pursuant to the authority 

provided in the New Mexico Air Quality Control Act, NMSA 1978 74-2-4, 74-2-S.C; the Joint Air Quality Control 

Board Ordinance, Bernalillo County Ordinance 94-5 4; and the Joint Air Quality Control Board Ordinance, Revised 

Ordinances of Albuquerque 1994 9-5-1-4. 

[12116194 ... 1211195; 20. 11.4.3 NMAC- Rn, 20 NMAC J 1.04.1.3, 10/1/02; A, 3114111] 

20.11.4.6 OBJECTIVE: [The eOjeetive efthis Paf! is] To implement Section 176(c) of the Clean Air Act 

(CAA), as amended (42 U.S.C. 7401 et seq.) and [FegYiatiees YRder 4~ Cl'R PaF! 31 SYbpaF! W] the related 

requirements of23 U.S.C. 1090l, with respect to the confonnity of[geoeFal H!deFalaetieRS ta tile applieaele 

imfJiemeAmtiea fllBA] transportation plans. programs. and projects which are developed. funded. or approved by the 

United StJtes dopartment oftransponation IDQT), and by metropolitan planning organizations (MPQs) or other 

recipients of funds under Title 23 U.S.C. orthe Federal Transit Laws (49 U.S.C. Chapter 53). This ruie sets forth 

pol icy, criteria, and procedures for demonstrating and assuring conformity of [general FeEieFal aGtieRs] such activities 

to [~fie] an applicable implementation plan [URdeF these ""thaFities:] developed pursuant to Section II 0 and Part D 

of the CAA. 

l;t.,.. Jtle def!aFtmeAt, agensy er iAstmmeotality eftlle fedeFal gevemment sHall engage iR, SUJ3f18Ft iR 

BR) wa) er J:)revide Hnaneial assistanee fer, lisense er fJBFmit, er BJ3JIFBYe a~· aetivity, wftiel=t daes nat eenferm te an 

applieable im~lementatien f'lan. 

B. A federal ageRS)' HUlst make a Eletermih.atien that a federal aetiea eea.ferms te tfte BJIJIIiSaBie 

implementatiaR plan ia aeeerdaaee witH the reetuirements efthis Sl:fi3~art Befare tRe aetieR is talcen. 

C. S•bseetiaR B. af2Q.ll.4.6 ~!MAC daes nat inelHae fedemlaetiens where eitoe.: 

( 1) A ~latianal EnvirenffieRtal Paliey ft,et ~lllPA) aoalysis was eempleted as e>·ideneea 9;• a: 

(a) Final BRI'ireomeotal assessment (EA); 

(e) eft>'KBRRleAtal impael statomeRI (EIS), er; 

(e) Finaing efna signilieaRt impaot (¥OMS!) !hat was ~repared ~Fie• te Jan•aT} 31, 1994; 

(2) Or: 

20.11.4 NMAC 
(a) Prier te JaAua!'y 31, 1994, an eA was eemmenoed er a oenlraot was awarded te de••ele~ the 

spesHi£ enYirettmenral analysi!r, 

8"ffioienten'lirenmental analysb-i>-eam~lete~roh I§, 1994 se that Ike fe<ieral 

ageRey ma) deter:mine tHat !:he federal aetiefl: is in seftfurmity with the speeifie re~uiremeRts aAd the purpeses eflfle 

ap~lieaele state lm~lemealalian Plan (SIP) pHt'!luanttelhe agenoy's affirmati'le oeligutien under sestien 17~(o) of 

the Clean Air ,t\-et; anti 

(e) A writteR Eletern\inatieA af Genfarmit) under seetion l76(e) afthe CAA has been maEle By 

tne fedeml agenoy re5Jl9Rsiele far !be fedeml aotien ay Ma•oh 15, f'l94, 

D. ~Jetwithstanding an) pre\'isien efthis Part, a eletemtinatien tRat an aetieFJ is in eoRfermanee •.vith 

tRe aJlfJlieable imf)lementa:lien 13laR Elees net enempt tlie astian fram aR) ether requiremeRts eftAe BJ3pliea.Bie 

implemeatatien plas, the NliPA, or the CAA.] 

[ 12/16/94 ... 12/1/95; 20. 11.4.6 NMAC- Rn, 20 NMAC 11.04.1.6, 10/1/02; A, 3/14/11] 

20.11.4,7 DEFINITIONS: Tel1Tis used but not defined in [tHis Part]20. II .4 NMAC shall have the meaning 

given them by the CAA and EPA's regulations, ( 40 CFR Chapter 1), in that order of priority. In addition to the 

definitions in 20. 11.4.7 NMAC the definitions in 20.11.1.7 NMAC apply unless there is a connict between 

definitions, in which case the definition in [!1Hs-l>art]20.11.4 NMAC shall govern. 

A. uAffected federal land manager"' means the federal agency or the federal official charged with 

direct responsibility for management of an area designated as Class I under the CAA (42 U.S.C. 7472) that is 

located within I 00 km of the proposed federal action. 

B. "Air agency" means the [Air Pallatie• Cant<al Di•;ision (APCD)] 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/her designee, is the lead air quality planning agency for the 

Albuquerque~ Bernalillo county nonattainrnentlmaintenance area. The EHD serves as staff to the Albuquerque~ 

Bernalillo county (ABC) air quality control board (AQCB). also referred to as the ABC/AQCB, and is responsible 

for implementing AQCB regulations. 

C. "Applicability analysis"' [means tile early Efl::UlRtifi:satiee and evaluatieA eluriHg the eaRfaFm:it!J· 

pFoeess 'Nhere yeaFiy ~ullftlities of eriteFia pallalaflts aFe ealealat<od te aetern•i•• if !be tl!Fesllelas of2Q. 11.4. 12 

}IMAG aFe met.) is the process of determining if a federal action must be supported by a conformity determination. 

D. "Applicable implementation plan" or "applicable state implementation plan" or "applicable 

SIP" means the portion (or portions) of the SIP or most recent revision thereof, which has been approved under 

Section [+-J.ll] JJ.Q(!\} of the CAA, [er] a federal implementation plan (FIP) promulgated under Section II 0( c) of the 

CAA [(federal implemeft!atien plan)], or a plan promulgated or approved pursuant to [Fegulations promulgated 

I!RdeF] Section 30I(d) of the CAA (tribal implementation plan or TIP) and which implements the relevant 

requirements of the CAA. 

E. "Area-wide air quality fmBniteriog] modeling analysis" means an assessment on a scale that 

includes the entire nonattainment or maintenance area [wRiel=l uses] using an air quality dispersion model QI 

photochemical grid model to determine the effects of emissions on air quality. for example. an assessment using 

EPA's communitv multiscale air ouality fCMAQ) modeling system. 

F. "Cause or contribute to a new violation" means a federal action that: 

(1) Causes a new violation of a national ambient air quality standard (NAAQS) at a location in a 

nonattaimnent or maintenance area which would otherwise not be in violation of the standard during the future 

period in question if the federal action were not taken; or 

(2) Contributes, in conjunction with other reasonably foreseeable actions, to a new violation of a 

NAAQS at a location in a nonattainment or maintenance area in a manner that would increase the frequency or 

severity of the new violation. 

G. "Caused by" as used in the terms "direct emissions", and "indirect emissions" means emissions 

that would not otherwise occur in the absence of the federal action. 

H. ''Confidential business information" or ucBI" means information that has been determined by 

a federal agency. in accordance with its applicable regulations. to be a trade secret. or commercial or financial 

information obtained from a person and privileged or confidential and it is exempt from required disclosure under 

the Freedom of Information Act (5 U.S.C.552(b)(4)). 

I. "Conformity determination" means the evaluation (made after an applicability analysis is 

completed) that a federal action conforms to the applicable implementation plan or maintenance plan and meets the 

requirements of20. 11.4 NMAC. 

20.11.4 NMAC 2 
J. '"Conformity evaluation'' means the entire process from the applicability analvsis through the 

conformity determinalion that is used to demonstrate that the federal action conf01ms to the reguirements of20.11.4 

NMAC" 

K. ucontinuing program responsibility" means a federal agency has responsibilitv for emissions 

caused by: 

(1) actions it takes itself; or 

(2) actions of non-federal entities that the federal agency. in exercising. its nonnal programs and 

authorities. approves. funds. licenses or permits. provided the agency can impose conditions on any portion oft he 

action that could affect the emissions. 

L. '"Continuous program to implement" means that the federal agency has started the action 

identified in the plan and does not stop the actions for more than an 18-month period. unless it can demonstrate that 

such a stoppage was included in the original plan. 

(Jb.jM. "'Critet·ia pollutant or standard" means any pollutant for which there is established a NAAQS at 

40 CFR Part 50. 

(b(N. '"Direct emissions" means those emissions of a criteria pollutant or its precursors that are caused 

or initiated by the federal action and originate in a nonattainment or maintenance area and occur at the same time 

and place as the action and are reasonably foreseeable. 

(J...JO. •'Emergency" means a situation where extremely quick action on the pat1 of the federal agencies 

involved is needed and where the timing of such federal activities makes it impractical to meet the requirements of 

[this Part]20.11.4 NMAC, such as natural disasters like hurricanes or earthquakes, civil disturbances such as 

terrorist acts, and milital)' mobilizations such as assembling and organizing troops and mat~riel for the defense of a 

nation in time of war or national emergency. 

IK.If:. "Emissions budgets" are those portions of the applicable SIP's projected emissions inventories 

that describe the levels of emissions (mobile, stationary, area, etc.) that provide for meeting reasonable further 

progress milestones, attainment, [l!fl4leF] or maintenance for any criteria pollutant or its precursors. 

0. "Emissions inventory" means a listing of information on the location. tvpe of source. type and 

quantity of pollutant emitted as well as other parameters of the emissions. 

(b]R. "Emissions offsets" for purposes of[2Q.I1.4.5]20.11.4.158 NMAC are emissions reductions 

which are quantiftable, consistent with the applicable SIP attainment and reasonable further progress 

demonstrations, surplus to reductions required by, and credited to, other applicable SIP provisions, enforceable at 

both the state and federal levels, and pel1llanent within the timeframe specified by the program. 

(M.-1§:. "Emissions that a federal agency has a c:ontinuing program responsibility for" means 

emissions that are specifically caused by an agency carrying out its authorities, and does not include emissions that 

occur due to subsequent activities, unless such activities are required by the federal agency. Where an agency, in 

perfonning its normal program responsibilities, takes actions itself or imposes conditions that result in air pollutant 

emissions by a non-federal entity taking subsequent actions, such emissions are covered by the meaning of a 

continuing program responsibility. 

1-N--JT. "Federal action" means any activity engaged in by a department, agency, or instrumentality of 

the federal government, or any activity that a department, agency or instrumentality of the federal government 

supports in any way, provides financial assistance for, licenses, petmir:s, or approves, other than activities related to 

transportation plans, programs, and projects developed, funded, or approved under Title 23 U.S.C. or the federal 

Transit Act (49 U.S.C. 1601 et SC!q.). Where the f~eral action is a permit, license, or other approval for some aspect 

of a non-federal undertaking, the relevant activity is the part, portion, or phase or the non-federal undertaking that 

t·equires the federal pennit, license, or approval. 

IQ...)U. "Federal agency~ means a federal department. agency, or instrumentality of the federal 

government. 

(P.)V. "Increase the frequency or severity of any existing violation of any standard in any area"' 

means to cause a nonattainment area to exceed a standard more often or to cause a violation at a greater 

concentration than previously existed [aBEJ.ieF] Qf would otherwise exist during the future period in question! if the 

project wc1·e not implemented. 

(Q-;)W. "Indirect emissions" 

ill means those emissions of a criteria pollutant or its precursors: [~] 

[(-I-)] @) that are caused or initiated by the federal action [but m~ essur laler i• time ao<ller may be 

farther remaveS iA SistaAse ffeffl the aetleA itself But] and originate in the same nonattainment or maintenance area 

but occur at a different time or place as the action; 

(hl that are [slill] reasonably foreseeable; [aR<l] 

20.11.4 NMAC 3 
[R)] W that the [Je<IE!fal] agency can practicably control; and [will maiRtaiR eeng·el """" aue tea 

eeftltnlJing pmgraa1 r:espeR5i8ility efd'le fetieralageney iAeluBing, But net limileEt te: 

(a) traffie an er te, er slimuiateel By, a pre pes~ a faeility wRieh is related ta inereases Ar ather 

ehaAges iA the seale ar timing af aperatiens efsueR faeility: 

fl•) emissiens relates ta tile activities ef employees ef aaAIFastars at· feaeFal employees ••e!H>o Slll~leyee werk trips; 

(c) emissiens related te emJJie~·ee eemnmtiAg ana similar pregfafl15 ta i:Rerease-&YeAtge 

ooetf~aflsr iRJJ:)e&eEI Bfl aJl em~leyet=s ef a eeFtaiR si:te ifl the I~ 

El) emissions related ttl the use affel!eral facilities uneler lease or tem~FBry permit; 

(e) emissions relateS !e dte aeti•l'itie!i afeeRtFaGtB¥5 ar-.J.easehelEiers that may Be aBtlressee:t by 

f=Jr&dsiens that are usual and eusteruary fer eeRtl·act£ er leases er ·vitRin the scepe af cefltfaet-ual--J3reteetiaA ef tRe 

interests ef the United States; and 

(f) fugitive S~St lfem diFI feads er ais!uFbea Seil.] 

(d) tOr which the agency has continuing program responsibilitv. 

(2) For the pumoses of this definition. even if a federal licensing. rulemaking or other approving 

action is a required initial step for a subsequent activity that causes emissions. such initial steps do not mean thal a 

federal agency can practically control any resulting emissions. 

I&.:}X. "Local air quality modeling analysis" means an assessment of localized impacts on a scale 

smaller than the entire nonattainment or maintenance area, including, for example, congested [readwa) interseetieRs 

aaEI highways er traasit teFmiaals] roadways on a federal facility. which uses an air quality dispersion model~ 

industrial source complex model or emission and dispersion model system). to detennine the effects of emissions on 

air quality. 

I&JY. "Maintenance area" means an area[~] that was designated as nonattainment and has been redesionated in 40 CFR Part 81 to attainment. meeting the provisions of Section I071dX3liEl of the CAA and has a 

maintenance plan approved under Section 175A of the CAA. 

J:J;.JZ. "Maintenance plan" means a revision to the applicable SlP, meeting the requirements of Section 

175A of the CAA. 

l'=h-IAA. "Metropolitan planning organization" Q! "MPO" [is tRat erganiz.atien Eiesignated as l3eing 

resj:~ensible, tegetker witll the state, fer senduetiRg tl=te eentinuing, eaepeFative. anS eemf!reReasive planniRg f*96eSS 

••aer2> ld.£.G. IJ4 ORa 491d.£.C. 1897] means the oolicy board of an org;!!lization created as a result of the 

designation process in 23 U.S.C. 134(d). 

[¥.}BB. "Mil .. tone" has the meaning given in Sections 182(g)(l) and i89(c)(l) of the CAA. A milestone 

consists of an emissions level and date on which it is required to be achieved. 

CC. "Mitigation measure" means any method of reducing emissions of the pollutant or its Precursor 

taken at the location of the federal action and used to reduce the impact of the emissions of that pollutant caused by 

the action. 

I.W..lDD. "National ambient air quality standards" Q! "NAAQS" are those standards 

established pursuant to Section 109 of the CAA and include standards for carbon monoxide (CO). lead (Pb), 

nitrogen dioxide (N02), orone, particulate matter (PM10 and PM;u), and sulfur dioxide (S02). 

1"-JU:.. "NEPA" is the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.). 

1¥-IFF. "Nonattainment Area"!!!. "NAA" means an area designated as nonattaimnent under Section 107 

of the CAA and described in 40 CFR Part 81. 

IZ.I£!.!1. "Precursors of a criteria pollutant" are: 

(1) for ozone, nitrogen oxides (NOx), unless an area is exempted from NOx requirements under 

Section 182(1) of the CAA, and volatile organic compounds (VOC); and 

(:~) for PM10, those pollutants described in the PM 10 nonattainment area applicable SIP as significant 

contributors to the PM10 1evels. 

13l For PM u· 

(a) sulfur dioxide (SO~J in all PMu nonattainment and maintenance areas. 

Cbl nitrogen oxides in all PMu nonattainment and maintenance areas unless both the 

department and EPA determine that it is not a significant precursor and 

(c) volatile organic compounds fVOC) and ammonia (NHJl only in PM:u nonattainment or 

maintenance areas where eithe1· the department or EPA determines that they are significant precursors. 

IAAvl!:!l:!: "Reasonably foreseeable emissions" are projected future direct and indirect emissions 

that are identified at the time the confonnity determination is made; the location of such emissions is known and the 

20.11.4 NMAC 4 
emissions are quantifiable, as described and documented by the federal agency based on its own information and 

after reviewing any information presented to the federal agency. 

IBBrl!L "Regional water [&IKI+&F] Qt wastewater projects .. include construction. operation. and 

maintenance of water or wastewater conveyances, water or wastewater treatment facilities, and water storage 

reservoirs, which affect a large portion of a nonanainment or maimeno.nce area. 

IGG.)JJ. "Regionally signilieant aetion" means a federal action for which the direct and indirect 

emissions of any pollutant represent l 0 percent or more of a nonattainment or maintenance area's emissions 

inventory for that pollutant. 

KK. "Restricled inrormation" means information that i.s privileged or that is otherwise protected from 

disclosure pursuant to applicable statutes. executive order!:i, or regulations. Such information includes. but is not 

li1nited to: Classified national securitY information. protected critical infrastructure information. sensitive security 

information. and proorietary business information. 

L.L. .. Smoke management program" or ~~sMP" establishes a basic framework ofnrocedures and 

requirements for managing smoke from fires that are managed for resource benefits. The purooses of SMPs are to 

mitigate the nuisance and public safetv ha7ards (e.g .. on roadways and at airoorts) oosed by stnoke intrusions into 

populated areas: to prevent deterioration of air quality and NAAOS violations: and to address visibility impacts in 

mandatory Class I federal areas in accordance with the regional haze rules. 

MM. "Take or start the rederal action" means the date that the federal agency signs or approves the 

permit. license. grant or contract or otherwise physically begins the federal action that requires a conformity 

evaluation under 20.11.4 NMAC. 

fDD.I~ "Total or direct and indirect emissions" means the sum of direct and indirect emissions 

increases and decreases caused by the federal action (i.e., the "net" emissions considering all direct and indirect 

emissions). The portion of emissions which are exempt or presumed to conform under Subsections C, D, [et=] E or F 

of[20.1!.4.12]20.11.4.153 NMAC are not included in the "total of direct and indirect emissions." The "total of 

direct and indirect emissions" includes emissions of criteria pollutants and emissions of precursors of criteria 

pollutants. [TAe segJHeRtatiea efJ3Fejeets fer seRHnmW; analyses when emissieas are Feasenai:JI)' f.areseeaBie is net 

peooitted By tHis regYiatieR. Ia many eases, the eveA:tll set efaetivities Beseribed witHin i.Ut eRviraamental 

!:leeumeRt (e.g. envirenmental assessment, enviraRHleRlal imf)aet statement), a master plan, site pi&R, laRd er faeility 

maRagemeat plan, ar similar phmniHg Elaeamef\t will senstitl:lte the aetien(s) te he evalklateEl. 1J/Rere ~Rasing is 

antieipateB, aflal~·ses may aeeB te e\·aiuate IEey lagisal steps in tfle imtJiementat::ieA eftfle J:'FBjeet er J:Jrepesal.] 

00. "Tribal implementation plan" or "TIP" means a plan to implement the national ambient air 

gualitv standards adopted and submitted by a federally recognized indian tribal government determined to be 

eligible under 40 CFR 49.9 and the plan has been approved by the EPA. 

[12/16/94 ... 12/1/95; 20.11.4.7 NMAC- Rn, 20 NMAC 11.04.1.7, 10/1/02; A, 3/14/11] 

20.11.4.9 SAVINGS CLAUSE: Any amendment to 20.11.4 NMAC, which is filed, with the state records 

center shall not affect actions pending for violation of a city or county ordinance[, Air Quali~ CentFel Qearel 

Reg"latien 43, er PaFI Q4] or 20.11.4 NMAC. Prosecution for a violation under prior regulation wording shall be 

governed and prosecuted under the statute, ordinance. part, or regulation section in effect at the time the violation 

was committed. 

[ 12116/94 ... 12/1/95; 20.11.4.9 NMAC- Rn, 20 NMAC li.D4.1.9, 10/1/02; A, 3/14111] 

20.11.4.10 SEVERABILITY: If any section, paragraph, sentence, clause, or word of [to is PaFt]20.11.4 

NMAC is for any reason held to be unconstitutional or otherwise invalid by any cou1t, the decision shall not affect 

the validity of remaining provisions of [lois PaFI]20.11.4 NMAC. 

[12/16/94 ... 12/1/95; 20.11.4.10 NMAC- Rn, 20 NMAC 11.04.1.10, I 0/1/02; A, 3/14111] 

20.11.4.11 DOCUMENTS: Documents incorporated and cited in [lois Part] 20.11.4 NMAC may be viewed 

at the Albuquerque Environmental Health Department, 400 Marquette Ave. NW, Albuquerque, NM. 

[12/1/95; 20.11.4.11 NMAC- Rn, 20 NMAC 11.04.1.11 & A, 10/1/02; A, 3/14/11] 

20.11.4.12 to 20.11.4.152 [Reserved] 

llQ.I\.4.11120.11.4.153 IDETERMI.'IATIONS FOR CONFORMITY! APPLICABILITY ANALYSIS: 

A. Conformity detenninations for federal actions related to transportation plans, programs, and 

projects developed, funded, or approved under Title 23 U.S.C. or [llle feaeFal TFOesil Aet (49 U.S.C. leQ I et se~.)] 

20.11.4 NMAC 5 
49 U.S.C. Chapter 53 must meet the procedures and criteria of[20.11.3 NMAC-'H¥1Hti'f'tH"(G..'icu Cb't!{HRH-~]40 CFR 

Part 51. Suhpart T, in lieu of the procedures set forth in [this Pall] 20.11.4 NMAC. 

B. For federal actions not covered by Subsection A of\:!ll~l-h4+.!] 20. 11.4.153 NMAC, a conformity 

determination is required for each criteria pollutant or precursor where the total oF direct and indirect emissions in a 

nonattainment or maintenance area caused by a federal action would equal or exceed any of the rates in Paragraph 

(l) or (2) of Subsection B of 120. 11.4. 12] 20. I 1.4.153 N MAC. I An applicability analysis shall ee usee te eeterlfline 

ifaa aetieH meets these tiu=eshelds fer ae:tiaas, whish ar=e Rat etAerwise exempted. lJJ the-&YeRt tl=le reEJuiremeat!i of 

iH PamgraflA (I) ana (2), afSubseetieH B, ef20.11.4.t2 ~IMAC are net met, a eomJ3lete eoRfenHity determiRatioo 

y, ill Ret be nee-essa.f!!. AgeReies are R6\'eFtAeless ~meourageul re eeerdinate with the air agene:) Efl:lring the 

applieaeilit;· analysi!;-phase, espeaiali)' when prepesed aetions arelil•el)' te p•eeuce lfleaniagfullevels efpellutien 

even tl::leugl:i the ameuat ealeulateEI ma) be belav· the identi.Aed thresReiGs. Awareness By the air ageRS)' ~ 

Rl:any actions b~:~low the tiueshalds will assist the ai1· agenc) iA eveniii 13lanning effurts (e.g. emissieR inventeries).] 

(I) For purposes of Subsection B of[20.11.4. 12] 20.11.4.153 NMAC, the following rates apply in 

nonattain ment areas: 

Criteria Pollutant or 

Precursor 

INONATIAINMENT 

AREAS I 

Ozone (VOC's or NOx): 

Carbon monoxide: 

SO, or NO,: 

PMl.S: 

Pb: 

Serious N AA 's 

Severe N AA 's 

Extreme NAA's 

Other ozone NAA's outside 

an ozone transport region 

[Marginal and moderate] 

Other ozone NAA's inside 

an ozone transport region: 

All NAA's 

All NAA's 

Moderate NAA 's 

Serious NAA's 

Direct emissions 

~ 

NO, (unless determined not 

to be significant precursors) 

VOC or ammonia (if 

detennined to be significant 

precursors) 

All NAA's 

VOC 

NO, 

Rate (Tons/Year) 

50 

25 

10 

100 

50 

100 

100 

100 

100 

70 

100 

lQQ 

100 

25 

(2) For the purposes of Subsection B of [2G. II. 4.12] 20.11.4.153 NMAC, the following rates apply in 

maintenance areas: 

20.11.4 NMAC 6 
Criteria Pollutant or 

Precurso1· 

IAVINTENAI'ItE 

o'\RE;.SI 

Ozone (NOu SOJ or N02): 

Ozone (VOC's): 

Carbon monoxide: 

PMw: 

PM2.5: 

Pb: 

All maintenance areas 

Maintenance areas inside an 

ozone transport region 

Maintenance areas outside 

an ozone transport region 

All maintenance areas 

All maintenance areas 

Direct emissions 

~ 

NOr (unless determined not 

to be significant precursors) 

VOC or ammonia (if 

detennined to be significant 

precursors) 

All maintenance areas 

Rate (Tons/Year) 

100 

50 

100 

100 

100 

25 

C. The requirements of [this !>aFt] 20.11.4 NMAC shall not apply to the following federal 

actions: 

(1) actions where the total of direct and indirect emissions are below the emissions levels specified in 

Subsection B of[2Q.ll.4.12]20.11.4.153 NMAC. 

(2) the following actions which would result in no emissions increase or an increase in emissions that 

is clearly de minimis: 

(a) Judicial and legislative proceedings. 

(b) Continuing and recurring activities such as permit tenewals where activities conducted will 

be similar in scope and operation to activities currently being conducted. 

(c) Rulemaking and policy development and issuance. 

(d) Routine maintenance and repair activities including repair and maintenance of 

administrative sites, roads, trails, and facilities. 

(e) Civil and criminal enforcement activities, such as investigations, audits, inspections, 

examinations, prosecutions. and the training of law enforcement personnel. 

(f) Administrative actions such as personnel actions, organizational changes, debt management 

or collection, cash management, internal agency audits, program budget proposals, and matters relating to the 

administration and collection of taxes, duties and fees. 

(g) The routine, recurring transportation of [mateFiai) materiel and personnel. 

(h) Routine movement of mobile assets, such as ships and aircraft, in home port reassignments 

and stations (when no new support facilities or personnel are requi1-ed) to perfonn as operational groups [amYef] m:: 

for repair or overhaul. 

(i) Maintenance dredging and debris disposal where no new depths are required, applicable 

pennits are secured, and disposal will be at an approved disposal site. 

(j) Actions, such as the following, with respect to existing structures, properties, facilities and 

lands where future activities conducted will be similar in scope and operation to activities currently being conducted 

at the existing structures, properties, facilities, and lands; for example, relocation of personnel, disposition of 

federally-owned existing structures, properties, facilities, and lands, rent subsidies, operation and maintenance cost 

subsidies, the exercise ofreceivership or conservatorship authority, assistance in purchasing structures, and the 

production of coins and currency. 

20.\1.4 NMAC 7 
(k) The granting ofleases, licenses such ac; for expotts and tmde. permits, and easemcms where 

activitit:s conducted will be similar in scope and operation to activities cun·ently being conducted. 

(I) Planning, studies, and provision of technical assistance. 

(m) Routine operation of facilities. mobile assets and equipment. 

(n) Transfers of ownership, interests. and titles in land. facilities, and real and personal 

properties, regardless of the form or method of the transfer. 

(o) The designation of empowerment zones, enterprise c.:onununities. or viticultural areas. 

(p) Actions by any of the federal banking agencies or the federal reserve banks, including 

actions regarding chaners, applications, notiees, licenses, the supervision or examination of depository institutions 

or depository institution holding companies, access to the discount window, or the provision of financial services to 

banking organizations or to any depattment, agency or instrumentality of the United States. 

(q) Actions by the board of governors of the federal reserve system or any federal reserve bank 

to elfect monetary or exchange rate policy. 

(r) Actions that implement a foreign affairs function ofthe United States. 

(s) Actions (or ponions thereof) associated with transfers of land. facilities, title, and real 

properties through an enforceable comract or lease agreement where the delivery of the deed is required to occur 

promptly afier a specific, reasonable condition is met, such as promptly after the land is ce1tified as meeting the 

requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and 

where the federal agency does not retain continuing authority to control emissions associated with the lands, 

facilities, title, or real properties. 

(t) Transfers of real property, including land, facilities, and related personal property from a 

federal entity to another federal entity and assignments of real property, including land, facilities, and related 

personal property from a federal entity, to another federal entity for subsequent deeding to eligible applicants. 

(u) Actions by the department of the treasury to effect fiscal policy and to exercise the 

borrowing authority of the United States. 

(v) Air traffic control activities and adopting approach. departure and enroute procedures for 

aircraft operations above the mixing height soecified in the <y>plicable SIP or TIP. Where the applicable SIP or TIP 

does not specify a mixing heighb the federal agency can use the 3.000 feet above ground level as a default mixing 

height. unless the agency demonstrates that use of a different mixing height is appropriate because the change in 

emissions at and above that height caused by the federal action is de minimis. 

(3) Actions where the emissions are not reasonably foreseeable, such as the following: 

(a) Initial outer continental shelf lease sales which are made on a broad scale and are followed 

by exploration and development plans on a project level. 

(b) Electric power marketing activities that involve the acquisition, sale and transmission of 

electric energy. 

(4) Actions which implement a decision to conduct or carry out a conforming program such as 

prescribed bun1ing actions which are consistent with a conforming land management plan. 

D. Notwithstanding the other requirements of[ this PaFI]20.11.4 NMAC, a conformity determination 

is not required for the following federal actions (or portion thereof): 

(1) The portion of an action that includes major or minor new or modified stationary sources that 

require a penn it under the new source review (NSR) program (Section 11 0(a)(2)(cl and Section I i3 of the CAA) or 

the prevention of significant deterioration (PSD) program (Title I, Part C of the CAA). 

(2) Actions in response to emergencies [er natut=al elisasters sueh as Ju:lfrieanes, eaftA(1uai<es. ete.,] 

which are typically commenced on the order of hours or days after the emergency [ er disaster] and, if applicable, 

which meet the requirements of Subsection E of[2Q.l1.4.12]20.11.4.153 NMAC. 

(3) Research, investigations, studies, demonstrations, or training (other than those exempted under 

Paragraph (2) of Subsection C of[2Q.Jl.4.12]20.11.4.153 NMAC), where no environmental detriment is incurred 

[aRdlaf] Q[, the particular action furthers air quality research, as detennined by the air agency primarily responsible 

for the applicable SIP. 

( 4) Alte1-ation and additions of existing structures as specifically required by new or existing 

applicable environmental legislation or environmental regulations (e.g., hush houses for aircraft engines and 

scrubbers for air emissions). 

(5) Direct emissions from remedial and removal actions carried out under the Comprehensive 

Environmental Response, Compensation and Liability Act (CERCLA) and associated regulations to the extent such 

emissions either comply with the substantive requirements of the PSD!NSR permitting program or are exempted 

20.11.4 NMAC 8 
ti·om other environmental regulation under the provisious ofCERCLA and applicable regulations issued under 

CERCLA. 

E. Federal actions which are pan of a continuing response to an emergency or disaster under 

Paragraph (2) of Subsection D of[2G.II.<1.12]20.11.4.153 NMAC and which are to be taken more than [a] six 

months after the commencement of the response to the emergency or disaster under Paragraph (2) of Subsection D 

of [:1\H.j..4.,8] ~.!l. . .l.Lti:?.l NMAC are exempt from the requitements of this regulation only if: 

( l) the federal agency taking the actions makes a written determination that, for a specified period not 

to exceed an additional 6 months, it is impractical to prepare the conformity analyses which would otherwise be 

required and the actions cannot be delayed due to overriding concerns fOr public health and welfare, national 

security interests and foreign policy commitments, or 

(2) for actions which are to be taken after those actions covered by Pamgraph (1) of Subsection E of 

pn.JJ.4.12] 20.11.4.153 NMAC. the federal agency makes a new detcm1ination as provided in Paragraph (I) of 

Subsection E of[2G.11.4.12]20.11.4.153 NMAC and: 

(a) provides a draft copy of the written determinations required to affected EPA regional 

officefsl. the affected state(s) or air pollution control agencies and any federal recognized indian tribal government 

in the nonattainment or maintenance area; those organizations must be allowed 15 days from the beginning of the 

extension period to comment on the draft determination: and 

(b) within 30 days after making the determination, publish a notice of the determination by 

placing a Prominent advenisement in a daily newspaper of general circulation in the are11 affected bv the action. 

(3) If additional actions are necessary in response to an emergency or disaster under Paragraph (2). of 

Subsection D of 20.11.4.153 NMAC bevond the specified time period in Paragraph (2) of Subsection E of 

20.11.4.153 NMAC. a federal agency can make a new written determination as described in Paragraph (2). of 

Subsection E of20. 11.4.153 NMAC for as many 6-month periods as needed. but in no case shall this exemption 

extend beyond three 6-month periods except where an agency: 

(a) orovides information to EPA and the state or tribe stating that the conditions that gave rise 

to the emergency exemption continue to exist and how such conditions effectively prevent the agency from 

conducting a conformity evaluation. 

(b) Reserved. 

F. Notwithstanding other requirements of [this PaFt]20.11.4 NMAC. actions specified by individual 

federal agencies that have met the criteria set forth in either [l'aFagmph ( 1) aF (2),] Paragraphs (I) (2) or (3) of 

Subsection G of[29.11.4.12]20.11.4.153 NMAC and the procedures set forth in Subsection H of [2Q.J 1.4.12] 

20.11.4.153 NMAC are "presumed to conform". except as provided in Subsection J of [2Q.11.4.12]20.11.4.153 

NMAC. Actions specified bv individual federal agencies as "presumed to conform" may not be used in 

combination with one another when the total direct and indirect emissions from the combination of actions would 

equal or exceed any of the rates soecified in Paragraphs (1 l or (2) of Subsection B of20.11.4. 153 NMAC. 

G. The federal agency must meet the criteria for establishing activities that are "presumed to 

conform"' by fulfilling the requirements set forth in either [i>arOgFIIJ'A (I) ar (2), ef Sullseetian A, ef2Q.11.4 .12 

NMAG] Paragraphs Cll, (2) or(3) of Subsection G of20.11.4.153 NMAC: 

(I) The federal agency must clearly demonstrate using methods consistent with 20.11.4 NMAC that 

the total of direct and indirect emissions fium the type of activities which would be presumed to confonn would not: 

(a) cause or contribUle to any new violation of any standard in any area; 

(b) interfere with provisions in the applicable SIP for maintenance of a11y standard; 

(c) increase the frequency or severity of any existing violation of any standard in any a1·ea; or 

(d) delay timely attainment of any standard or any requh-ed interim emission reductions or 

other milestones in any area including, where applicable, e1nission levels specified in the applicable SIP for 

purposes of: 

(i) a demonstration of reasonable further progress; 

(ii) a demonstration of attainment: or 

(iii) a maintenance plan; or 

(2) The federal agency must provide documentation that the total of direct and indirect emissions 

from such future actions would be below the emission rates for a conformity determinati011 that are established in 

Subsection B of[2Q.11.4.12]20.11.4.153 NMAC, based, for example, on similar actions taken over recent years. 

(3) The federal agencv must clearly demonsn·ate that the emissions from the type or category of 

actions and the amount of emissions from the action are included in the applicable SIP or maintenance plan. and the 

state. local or tribal air quality agencies responsible for the SIP(s) or TIP(s) provide written concurrence that the 

20.11.4 NMAC 9 
emi::>sion~ from the actions alonu with all other expected emissions in the area will not exceed the_emi::;::;ion budget irJ 

tho!J'~ 

H. In addition to meeting the criteria for establishing exemptions set forth in Paragraph::; (I). [of1 (2) 

'!Lill of Subsection G of [2Q.ll.U2] 20.11.4.153 NMAC, the following procedures must also be complied with to 

presume that activities will conform: 

(1) the federal agency must identify through publication in the federal register its list ofpropo<>cd 

activities that are "presumed to conform" and the basis forthe presumptions: the notice must clearly idenlify the 

type and size of the action that would be "presumed to conform" and provide criteria for determining if the type and 

size action qualifies it for the presumption; 

(2) the federal agency must notify the EPA region VI office, [the air ageneyJ state. local and tribal air 

~ncies, and, where applicable, the agency designated under Section 174 of lhe CAA and the MPO and provide at 

least 30 days for the public to comment on the list of proposed activities "presumed to conform"; If the "presumed 

to conform" action has regional or national application (e.g .. the action will cause emission jncreases in excess ofthe 

de minimis levels identified in Subsection B of20.1l.4.l53 NMAC in more than one of EPA's regions). the federal 

agency. as an alternative to sending it to the EPA Region VI Office, can send the draft conformity determination to 

U.S. EPA. office of air quality planning and standards (OAOPS); 

(3) the federal agency must document its response to all the comments received and make the 

comments, response, and final list of activities available to the public upon request; and 

(4) the federal agency must publish the final list of such activities in the federal register. 

1. [~latwitnstanding tne ather re~•irements af29.l.'l ~I MAC, wnen tne total af airest ana indiFest 

emissians afany J3ellutant fram a federal astian Etees nat e(;J:U:BI er er£seeel t:lte rates speeifieS in 8wbseetieA 8, ef 

J(;). 1 1.4.12 NMAC, but repFesents IQ peFeeRt er mere efa neaattaiRmeflt er maiRtenanse area 1s tetal emissiens ef 

mat J3elh:1tant, the aetiea is BefiReEI as a regienally sighifieant aetiell anel the reEfuinments ef2Q.ll.4.tl NMAC anel 

SeetiaRS 29.11 A.l4 thra•gh 29. I 1.4. 19 HMAG shall ·~~I) fer the fsaeral aotieR.] Emissions from the following 

actions are "presumed to conform": 

(I) Actions at installations with facilitv-wide emission budgets meeting the requirements in Section 

93.161 provided that the state or tribe has included the emission budget in the EPA-approved SIP or maintenance 

plan and the emissions from the action along with all other emissions from the installation will not exceed the 

facility·wide emission budget. 

(2) Prescribed fires conducted in accordance with a smoke management program CSMP) whjeh meets 

the requirements of EPA's interim air qualitv policy on wildland and m·escribed fires or. an equivalent replacement 

EPA policy. 

(31 Emissions for actions that the state or trjbe identifies in the EPA approved SIP or TIP as 

"presumed to confonn". 

J. l'I.Zhere an aatiefl ather·,.ise presumeel te eaHferm ua.:ler Sul:tseetian Y efJG.Il.4.12 NJII4AC is a 

r-egieRaJJy signifieant astieA er Sees Ret in faet meet ene eftRe sriteria if!: ParagrftfJh (l ), ef £u.Bseetiefl: G. ef 

29.11.4.12 NMAC, tnat aetieR shall Rat be ~res•mea to eoRfel'f!l aRE! the re~uirements of2Q.11.4 .6 ~IMAG ana 

Seetians 29.11.4.14 tnreugl! 29.11.4.19 NMAG shall a~~ I) feF !he fsaeral aotien.] Even though an action would 

otherwise be "presumed to conform" under Subsection For I of20 11.4.153 NMAC. an action shall not be 

"presumed to confonn" and the requirements of Section 40 CFR 93. I 51. Subsection A 'of20.11.4.2 NMAC, 

Sections 13 through 19 and Sections 21 through 23 of20. I 1.4 NMAC shall apply to tl1e action 1f EPA or a third 

party shows that the action would: 

(I) cause or contribute to any new violation of any standard in any area; 

(2) interfere with provisions in the applicable SIP or TIP for maintenance of any standard: 

(3) increase the frequency or severity of any existing violation of any standard in any area: or 

( 41 delay timely attainment of any standard or any required interim emissions reductions or other 

milestones in any area including. where applicable. emission levels specified in the applicable SIP or TIP for 

purposes of: 

(a) a demonstration of reasonable further pro2ress: 

(b) a demonstration of attainment: or 

(c) a maintenance plan. 

K. The provisions of20.11.4 NMAC shall apply in all nonattainment and maintenance areas except 

confonnitv requirements for newly designated nonattainment areas are not applicable until one vear after the 

effective date of the final nonattainrnent designation for each NAAOS and pollutant in accordance with Section 

176{c){6) of the act. 

[20.1 I.4. I 53 NMAC- Rn & A, 20.11.4.12 NMAC, 3114111] 

20.11.4 NMAC 10 
ll0.11.4.13120.11.4.154 !CONFORMITY ANA bY-SIS I FEDERAL AGENCY CONFORMITY 

RESPONSIBILITY: Any [teeeFa-l] department, agency, or instrumentality of the federal government taking an 

action subject to [this regt~lak&AT 20.lli NMAC must make its own conformity determination consistent with the 

requirements of[tkis regkllatien] 20.11 A NMAC. In making its conformity determination~ a federal agency must 

follow the requirements in Sections 14 through 19 and 2lthrough 24 of20.11.4 NMAC and must consider 

comments from any interested parties. Where multiple federal agencies have jurisdiction for various aspects of a 

prqject, a federal agency may choose to adopt the analysis of another federal agency (to the extent the proposed 

action and impacts analyzed are the same as the project for which a conformity determination is required) or develop 

its own analysis in order to make its conformity determination. 

[20.11.4.154 NMAC- Rn & A, 20.11.4.13 NMAC, 3114111] 

ll0.11.Uli20.11.4-155 REPORTING REQUIREMENTS: 

-:---,--;A:· -cc::-:A federal agency making a conformity determination under [2Q.l1.4.17l>lt4AC1 Sections 13 

through 19 and 21 through 23 of20.11.4 NMAC must provide to the EPA Region VI Office, [the air ageASl'] state 

and local air agencies. anv federally-recognized indian uibal government in the nonattainment or maintenance area, 

and, where applicable, affected federal land managers, the agency designated under Section 174 of the CAA and the 

MPO a 30-day notice which describes the proposed action and the federal agency's draft conformity determination 

on the action. [Draft seafermity EleterminatieRs shall deseriBe the magniU1ele af the iAerease fer reJeyaRt f3SlJutaHt:s 

aoa the saurees (iReludiAg laeatiaRs) far these pallutaR!s as !h~ relate lathe prapesea aetiaR.] If the action has 

multi-regional or national impacts (e.g .. the action will cause emission increases in excess of the de minimis levels 

identified in Subsection B of20.11.4.l53 NMAC in three or more of EPA's regions). the federal agency. as an 

alternative to sending it to EPA regional offices. can provide the notice to EPA's office of air quality planning and 

standards. 

B. A federal agency must notify the EPA Region Vl office. state and local air agencies. any federallYrecol!nized indian tribal government in the nonattainment or maintenance area. and. where applicable. affected 

federal land managers. the agencv designated under Section 174 of the CAA and the MPO. within 30 days after 

making a final conformity detennination under20.11.4 NMAC. 

C. The draft and final conformitv detennination shall exclude any restricted information or 

confidential business information. The disclosure of restricted information and confidential business infonnation 

shall be controlled bv the aoolicable laws. regulations. security manuals. or executive orders concerning the use, 

access. and release of such materials. Subject to applicable procedures to protect restricted infm·mation from public 

disclosure. any infonnation or materials excluded from the draft or final conforrnitv determination or supporting 

materials may be made available in a restricted information annex to the determination for review by federal and 

state representatives who have received appropriate clearances to review the information. 

[20.11.4.155 NMAC- Rn & A, 20.11.4.14 NMAC, 3114111] 

120.IJ.4.1Si20.11.4.156 PUBLIC PARTICIPATION: 

A. Upon request by any person regarding a specific federal action. a federal agency must make 

available. subject to the limitation in Subsection E of20.11.4. !56 NMAC. for review its draft conformity 

detem1ination under [2Q. I 1.4.17 ~!MAC) 20.1 1.4.154 J'MAC with cupporting mate,: a Is whioh descrioe the 

analytical methods and conclusions relied upon in making the applicability analysis and draft conformity 

determination. [It is advisa~le fer ageoeies te maiRtaiR suffieientlr detailed reeaFeis eft~e aetual asst:1:mJ3tiens, 

teehnieal daM, aRd anal)ses whisH Jead ta the senfermity EleteFminatiea ia order fer iaterested J3arties te slearly 

underslaRd IRe ~as is far the eeRJ'eRRil)• determiHatiaH. TRese shall ~e ffiade a'>'aila~le fur review ~y the air ageRBJ' 

aAd atker intereste8 parties wkere 9f3prepriate.] 

B. A federal agency must make public its draft conformity determination under [JQ.I1.4.17 ~!MAC] 

20.11.4.154 NMAC by placing a notice by prominent advertisement in a daily newspaper of general circulation in 

the area affected by the action and by providing 30 days for written public comment priol" to taking any formal 

action on the draft detennination. This comment period may be concurrent with any other public involvement, such 

as occurs in the NEPA process. If the action has multi-regional or national impacts (e.g .. the action will cause 

emission increases in excess of the de minimis levels identified in Subsection B of20.l1.4.153 NMAC in three or 

more of EPA's re2"ions). the federal agency. as an alternative to publishing separate notices. can publish a notice in 

the federal register. 

C. A federal agency must document its response to all the comments received on its draft confor111ity 

determination under [2Q.ll.4.17 ~IMAC] 20.11.4.154 NMAC and make the comments and responses available, 

20.11.4 NMAC II 
subiect to the limitation in Subsection E of20.11.4.156 NMAC. upon request by any person regarding a specific 

federal action, within 30 days of the final conformity determination. 

D. A federal agency must make public its final conformity detenninalion under [l.Q-;~j 

20. 11.4. I 54 NMAC for ct federal action by placing a notice by prominent advertisement in a daily newspaper of 

g,cneral circulation in the area affected by the action within 30 days of the final conformity detennination._lf the 

action would have multi-regional or national impacts. the federal agency. as an altCJnativc. can publish the notice in 

the federal register. 

E. The draft and final conformity detennination shall exclude any restricted information or 

confidential business infonnation. The disclosure of restricted infonnation and confidential husiness information 

shalL!;!~ controlled by the applicable laws. regulations or executive orders concerning the release of such materials. 

[20.11.4.156 NMAC- Rn & A, 20.11.4.15 NMAC, 3114/11] 

[20.1 I.U6[20.11.4.157 lfREQYilNCY OF CONFORMITY DETERMINATIONS[ REEVALUATION OF 

CONFORMITY: 

A. Once a confOrmity evaluation is completed by a federal agency. that determination is not required 

to he reevaluated if the agencv has maintained a continuous program to implement the action; the determination has 

not lapsed as specified in Subsection B of 20.11.4.157 NMAC: or anv modification to the action does not result in 

an increase in emissions above the levels specified in Subsection B of20 11.4.153 NMAC lfa conformity 

detennination is not required for the action at the time NEPA analysis is completed. the date of the finding of no 

significant imoact (FONSJ) for an environmental assessment. a record of decision CRODl for an environmental 

impact statement. or a categorical exclusion detennination can be used as a substitute date for the conformity 

determination date. 

[A.[B. The conformity status of a federal action automatically lapses['-] five years from the date a final 

conformity detennination is reported under [2Q.11.4.14] 20.11.4.155 NMAC, unless the federal action has been 

completed or a continuous program [Has beea eemmeneeEl] to implement[~] the federal aetion [withia-a 

reasonable time] has been commenced. 

I&IC. Ongoing federal activities at a given site showing eontinuous progress are not new actions and do 

not require periodic re-determination so long as such activities are within the scope of the final conformity 

dctennination reported under [20.1 1.4.14]20.1 1.4.155 NMAC. 

[C. If, after tke eaafermity determination is maae, the federal astian is okaagea se that there is a• 

inerease in th:e tetalefElire&t aHS iHelirest emissieas abeve tHe le·1els iH SYBseetiefl 8. ef2Q.II.4.12 MMAC, a new 

eesfuFmi~ eieteffftiAatian is FSEfHireG.] 

D. If the federal agency originally determined through the applicability analysis that a conformitv 

detennination was not necessarv because the emissions for the action were below the limits in Subsection B of 

20. 11.4.153 NMAC and changes to the action would result in the total emissions from the action being above the 

limits in Subsection B of20.11.4.153 NMAC, then the federal agency must make a conformity determination. 

[20.11.4.157 NMAC- Rn & A. 20.11.4.16 NMAC, 3/14/11] 

[20,11.4.17120.11.4.158 CRITERIA FOR DETERMINING CONFORMITY OF GENERAL FEDERAL 

ACTIONS: 

A. An action required under [2Q.ll.4.12] 20.1 1.4.153 NMAC to have a conformity determination for 

a specific pollutant, will be determined to conform to the applicable SIP if, for each pollutant that exceeds the rates 

in Subsection B of [20.11.4 .12] 20.1 1.4.153 NMAC, or otherwise requires a conformity determination due to the 

total of direct and indirect emissions from the action, the action meets the requirements of Subsection C of 

[2Q.ll.4.17]20.11.4.158 NMAC, and meets any of the following requirements: 

(I) for any criteria pollutant or precursor, the total of direct and indirect emissions from the action are 

specifically identified and accounted for in the applicable SIP1

s attainment or maintenance demonstration QI 

reasonable further progress milestone or in a facility-wide emission budget included in a SIP accordance with 

20.11.4 161 NMAC; 

(2) for precursors of ozone, or nitrogen dioxide, or PM, the total of direct and indirect emissions from 

the action are fully offset within the same nonattaimncnt or maintenance area for nearby area of equal or higher 

classification provided the emissions from that area contribute to the violations. or have contributed to violations in 

the past in the area with the federal action) through a revision to the applicable SIP or a similarly enforceable 

measure that effects emission reductions so that there is no net increase in emissions of that pollutant; 

(3) for any directly-emitted criteria pollutant, [elteeJJt e2:aRe aael nitregeR ElieniEie,] the total of direct 

and indirect emissions from the action meet the requirements: 

20.11.4 NMAC 12 
(a) specified in Subsection 8 of [;m,.J-1-4++]20.11.4.1 58 NMAC, based on area-wide air 

quality modeling analysis and local air quality modeling analysis; or 

(b) meet the requirements of Paragraph (5] of Subsection A of[;>J~H4.+1] N.JW2~ NMAC 

and. for local air quality modeling analysis, the requirement of Subsection 8 of [:W.H4.++] 20.11.4.158 NMAC. 

(4) For CO or [PM,.] directly emitted PM: 

(a) where the air agency prim~Jrily responsible for the applicable SIP determines that an areawide air quality modeling analysis is not needed, the total of direct and indirect emissions from the action meet the 

rcquirementsspecified in Subsection 8 of[20.11.4.!+]20.11.4.158 NMAC, based on local air quality modeling 

analysis; or 

(b) where the air agency primarily responsible fOr the applicable SIP determines thal an areawide air quality modeling analysis is appropriate and that a local air quality modeling analysis i!; not needed, the 

total of direct and indirect emissions from the action meer the requirements specified in Subsection 8 of [2G.I 1.4 .17] 

20.11.4.158 NMAC, based on area-wide modeling, or meet the requirements of Paragraph (5) of Subsection A of 

[30.11.4.17]20.11.4.158 NMAC or 

(5) For ozone or nitrogen dioxide, and for purposes of Subparagraph (b) of Paragraph (3) of 

Subsection A of[20.11.4.1+]20.11.4.158 NMAC and Subparagraph (b) of Paragraph (4) of Subsection A of 

[3Q.II.4.12]20.11.4.158 NMAC, each portion of tho action or the action as a whole meets any of the following 

requirements: 

(a) Where EPA has approved a revision to [an area's attainmeRt ar maintenanse ElemeRstratian 

after l99G] the applicable implementation plan after the area wac; designated as nonattainment and the state or trib<:;: 

makes a determination as provided in Item (i) of Subparagraph (a) of Paragraph (5) of Subsection A of[20.11.4.17] 

20.11.4.158 NMAC or where the state or tribe makes a commitment as provided in Item (ii) of Subparagraph [8>)] 

W of Paragraph (5) of Subsection A of[2Q.ll.4.11]20.11.4.158 NMAC: 

(i) the total of direct and indirect emissions from the action (or portion thereof) is 

detennined and documented by the air agency primarily responsible for the applicable SIP to result in a level of 

emissions which. together with all other emissions in the nonattainment (or maintenance) area, would not exceed the 

emissions budgets specified in the appliciJble SIP; 

(ii) the total of direct and indirect emissions from the action (or portion thereof) is 

detennined by the air agency responsible for the applicable SIP to result in a level of emissions which, together with 

all other emissions in the nonattainment (or maintenance) area, would exceed an emissions budget specified in the 

applicable STP and the state governor or the govemo~s designee for SIP actions makes a written commitment to 

EPA which includes the following: 1. A specific schedule for adoption and submittal of a revision to the SIP which 

would achieve the needed emission reductions prior to the time emissions from the federal action would occur; 2. 

Identification of specific measures for incorporation into the SIP which would result in a level of emissions which, 

together with all other emissions in the non attainment or maintenance area, would not exceed any emissions budget 

specified in the applicable SIP; 3. A demonstration that all existing applicable SIP requirements are being 

implemented in the area for the pollutants affected by the federal action, and that local authority to implement 

additional requirements has been fully pursued; 4. A determination that the responsible federal agencies have 

required all reasonable mitigation measures associated with their action; and 5. Written documentation including all 

air quality analyses supporting the conformity determination; 

(iii) Where a feUernl agen~...y made a conformity determiRatilln based on a[~] smte's 

or tribe's commitment under Item (i) of Subparagraph (a) of Paragraph (5) of Subsection A of[2Q.II.4.11] 

20.11.4.158 NMAC, and the state has submitted a SIP or TIP to EPA eovering the time period during which the 

emissions will occur or is scheduled to submit such a SIP or TIP within 18 months of the conformity determination. 

[sustl-a] the state commitment is automatically deemed a call for a SIP or TIP revision by EPA under Section 

I I O(kX5) of the CAA, effective on the date of the federal conformity determination and requiring response within 

18 months or any shorter time within which [a semmitment is maEle] the state or tribe commits to revise the 

applicable SIP; 

(iv) Where a federal agency made a confonnity determination based on a state or tribal 

commitment under Item (ii) of Subparagraph (al of Paragraph 151 of Subsection A of20.11.4.158 NMAC and the 

state or tribe has not submitted a SIP covering the time period when the emissions will occur or is not scheduled to 

submit such a SIP within 18 months of the conformitv determination. the state or tribe must. within 18 months. 

submit to EPA a revision to the existing SIP committing tg include the emissions in the fmure SIP revision. 

(b) The action (or portion thereof), as detennined by the MPO, is specifically included in a 

current transportation plan and transportation improvement program which have been found to conf01m to the 

20.11.4 NMAC 13 
applicable SIP under [2Q.Il.; NMAC. Tr•·•·'I'"''IBii 'II C..l>,'8>~11i{)'J40 CFR Part 51, Subpart T, or 40 CFR Part 93, 

Subpart A; 

(c) The action (or portion thereof) fully offsets its emissions within the same nonattainmenl or 

maintenance area (or nearby area of equal or higher clllSsification provided the emissions from that area contribute 

to the violations. or have contributed to violation in the past. in the area with the federal action) through a revision to 

the applicable SIP or an equally enforceable measure that effects emission reductions equal to or greater than the 

total of direc1 and indirect emissions fi-om the action so thai there is no net increase in emissions of that pollutant; 

(d) Where EPA has not approved a revision to the relevant SIP [at;tainment ar maiAtenanee 

l:iemeR!1tratieR siRee--l-9-9(),] since the area was desi!.mated or reclassified the total of direct and indirect emissions 

from the action for the future years (described in Subsection D of [2Q. H .4.1 8]20.\1.4.159 NMAC) do not increase 

emissions with respect to the base lin~ emissions: 

(i) the baseline emissions reflect the historical activity levels that occurred in the 

geographic area afft -cted .. by the proposed federal action during: I. [Calendar year 1990} The most current calendar 

year with a complete emission inventory available before an area is designated unless EPA sets another vear. or; 2. 

lTke ealeadar year that is the 13asis tar the elassifieatien (er, ~er:e the elassifieatieR is Basefl sA mwlti19le years, tRe 

ffl9St re~resentarive year), ifa slas5ifieatiaA is J:lFamulgateeJ iA 4Q CFR PaFt 81] The emission budget in the 

applicable SIP; or 3. The year of the baseline inventory in the PM10 applicable SIP; 

(ii) the baseline emissions are the total of direct and indirect emissions calculated for the 

future years (described in Subsection D of [2Q.II.4 .I 8]20.1 1.4.159 NMAC) using the historic activity levels 

(described in Item (i) of Subparagraph (d) of Paragraph (5) of Subsection A of[2Q.II.4.17] 20.11.4.158 NMAC) and 

appropriate emission factors for the future years; or 

(e) Where the action involves regional water [aAG.leF] QI wastewater projects, such projects are 

sized to meet only the needs of population projections that are in the applicable SIP. 

B. The area-wide [an<li<>F] QI local air quality modeling analyses must; 

(I) meet the requirements in [2g.l1.4.18]20.11.4.159 NMAC; and 

(2) show that the action does not: 

(a) cause or contribute to any new violation of any standard in any area, or 

(b) increase the frequency or severity of any existing violation of any standard in any area. 

C. Notwithstanding any other requirements of [this seetieH]20. 11.4.158 NMAC, an action subject to 

this regulation may not be delermined to conform to the applicable SIP unless the total of direct and indirect 

emissions from the action is in compliance or consistent with all relevant requirements and milestones contained in 

the applicable SIP. such as elements identified as pan of the reasonable further progress schedules, assumptions 

specified in the attainment or maintenance demonstration, prohibition.s, numerical emission limits, and work practice 

requirements. 

D. Any analyses required under [this soetieH]20.11.4.158 NMAC must be completed, and any 

mitigation requirements necessary for a finding of confonnity must be identified before the determination of 

conformity is made. 

[20. 11.4.158 NMAC- Rn & A, 20.11.4.17 NMAC, 3114111] 

(l0.11.4.18]l0.11.4.15Q PROCEDURES FOR CONFORMITY (DETERMINJ':FJOPISJ DETERMINATION 

OF FEDERAL ACTIONS: 

A. The analyses required under [this FOg"latiaH]20.11.4 NMAC must be based on the latest planning 

assumptions. 

(I) All planning assumptions (such as per capita water and sewer use, vehicle miles traveled per 

capita or per household, trip generation per household, vehicle occupancy, household size, vehicle fleet mix, vehicle 

ownership, woodstoves per household, and the geographic distribution of population growth) must be derived from 

the estimates of population, employment, travel, and congestion most recently approved by the MPO, or other 

agency authorized to make such estimates, where available. 

(2) Any revisions to these estimates used as part of the conformity determination, including projected 

shifu in geographic location or level of population, employment, travet, and congestion, must be approved by the 

MPO or other agency authorized to make such estimates for the urban area. 

B. The analyses required under [£kis !'art] 20.11.4 NMAC must be based on the latest and most 

accurate emission estimation techniques available as described below, unless such techniques are inappropriate. If 

such techniques arc inappropriate, [&REi] the federal agency may obtain written approval [e.f] from the [€-PA] 

regional administrator [is eBtaiReG] for EPA region VI for{af!-Y) ~ modif1cation or substitution, [they ma) Be 

20.11.4 NMAC 14 
I=Ae8ifiee:f m] Q[ another technique [ substitut~d] on a case-by-case basis or, where appropriate, on a generic basis for 

a specifu.: federal agency program. 

( 1) For motor vehicle emissions. the most current version oft he motor vehicle emissions model 

specified by EPA and available for. use in the preparation or revision of the applicable SIP must be used for the 

conformity analysis as specified in Subparagraph (a) and lb) of Paragraph (I) of Subsection B of[39. 11.4.18] 

20.11.4.159 NMAC: 

(a) the EPA must publish in the federal Register a notice of availability of any new mowr 

vehicle emissions model; and 

(b) a grace period of three months shall apply during which the motor vehicle emissions model 

previously specified by EPA as the most CUITent version may be used unless EPA announces a longer grace period 

in the federal register. Confonnity analyses for which the analysis was begun during the grace period or no more 

than[~] three months before the tederal register notice of availability of the latest emission model may 

continue to use the previous version of the model specified by EPA. 

(2) For non-motor vehicle sources, including stationary and area source emissions, the latest emission 

factors specified by EPA in the Compilation o.f Air Pollutant Emission Factors (AP-42 .. 

http://www.epa.gov/ttnlchiefslefpac} must be used for the conformity analysis unless more accurate emission data 

are available, such as actual stack test data from stationary sources which are part of the conformity analysis. 

C. The air quality modeling analyses required under [this Feg•lalieA]20. 11.4 NMAC must be based 

on the applicable air quality models, data bases, and other requirements specified in tile most recent version ofthc 

Guideline on Air Quality Models [(ReYisea)" (1986), inolading ··~~lements (EPA pablieatien ne. 1§!!12 78 Q27R),] 

(Appendix W to 40 CFR Part 51 ).unless: 

(I) the guideline techniques are inappropriate, in which case the model may be modified or another 

model substituted on a case~by-case basis or, where appropriate, on a generic basis for a specific federal agency 

program; and 

(2) written approval of the EPA regional administrator is obtained for any modification or 

substitution. 

D. The analyses required under [tkis Feg•Jalien •*•e~l Paragfii~A (1 ), ef8ubseetien A, ef3Q.I1.4. 17 

WMAG,] 20.11.4 NMAC. must be based on the total of direct and indirect emissions from the action and must 

reflect emission scenarios that are expected to occur under each of the following cases: 

(I) [tke CAA lftandalod altainmoat year er, ifap~lieable, tke farlnesl year fer wkien olftissieHS ""' 

fJFEJjeeteB ifl the main!enaHse plaa] The attainment year specified in the SIP. or if the SIP does not specify an 

attainmenl year. the latest attainment year possible under the act: or 

(2) the last year for which emissions are projected in the maintenance plan; 

[~]ill the year during which the total of direct and indirect emissions from the action is expected to 

be the greatest on an annual basis; and 

[(;j]ill any year for which the applicable SIP specifies an emissions budget. 

[20. 11.4.159 NMAC- Rn & A, 20. 11.4.18 NMAC, 3/14/11] 

ll0.11.4.19!20.11.4.160 MITIGATION OF AIR QUALITY IMPACTS: 

A. Any measures that are intended to mitigate air quality impacts must be identified (such as the 

identification and quantification of all t..'I'Tiission reductions .:\aimed) and the process for implemenlation (such as any 

necessary funding of such measures and tracking of such emission reductions) and enforcement of such measures 

tnust be described, including an implementation schedule containing explicit timelines for implementation. 

B. Prior to detennining that a federal action is in conformity, the federal agency making the 

conformity determination must obtain written commitments from the appropriate persons or agencies to implement 

any mitigation measures, which are identified as conditions for making confonnity determinations. [Wfitkffi 

eemMitments shall 8eseri13e su.eh mitigatieR meas1:1res aR8 tRe Rat~::~re ef the eemmitmeRts, ia a maAner eaf!sisteRt 

witn S"bsoslio• A ef2G. 11.4.29 ~IMAC.] 

C. Persons or agencies voluntarily committing to mitigation measures to facilitate positive 

confonnity determinations must comply with the obligations of such commitments. 

D. In instances where the federal agency is licensing, permitting or otherwise approving the action of 

another governmental or private entity, approval by the federal agency must be conditioned on the other entity 

meeting the mitigation measures set forth in the confonnity detennination. 

E. When necessary because of changed circumstances, mitigation measu1·es may be modi tied so long 

as the new mitigation measures continue to support the confonnity detennination. Any proposed change in the 

20.11.4 NMAC 15 
mitigation measures is subject to the reporting requirements of [~--l-:4:-1-4] '70.11.4.155 NMAC and the public 

participation requirements of (aQ;-~] f0.11.4J 57 NMAC. 

F. Wriuen commitments to mitigation measures must be obtained prior lo .... positive conformity 

detennination and such commitments must be fulfilled. 

G. After a state or tribe revises its SIP or TIP and EPA approves that SIP revision. any agreements, 

including mitigation measures, necessary for a conformity determination will be both state or tribal and federally 

enforceable. Enforceability through the applicable SIP or TIP will apply to all persons who agree to mitigate direct 

and indirect emissions associated with a federal action for a conformity determination. 

[20.11.4.160 NMAC- Rn & A, 20.11.4.19 NMAC, 3114/11] 

20.11.4.16I CONFORMITY EVALUATION FOR FEDERAL INSTALLATIONS WITH FACILITYWIDE EMISSION BUDGETS: 

A. The state. local or tribal agency responsible for implementing and enforcing the SIP or TIP can in 

cooperation with federal agencies or third pa1ties authorized by the agency that operate installations subiect to 

federal oversight develop and adopt a facility-wide emission budl!et to be used for demonstrating conformity under 

Parngraph (I) of Subsection A of20.11.4.158 NMAC. The facility-wide budget musl meet the following criteria. 

(I) Be for a set time period. 

(2) Cover the pollutants or precursors of the pollutants for which the area is designated nonattainment 

or maintenance. 

(3) Include specific quantities allowed to be etnitted on an annual or seasonal basis. 

(4) The emissions from the facilitv along with all other emissions in the area will not exceed the 

emission budget for the area. 

(5) Include specific measures to ensure compliance with the budget. such as periodic reporting 

· requirements or compliance demonstration when the federal agency is taking an action that would otherwise require 

a conformity determination. 

(6) Be submitted to EPA as a SIP revision. 

(7) The SIP revision must be approved by EPA. 

B. The facility-wide budget developed and adopted in accordance with Subsection A of20.11.4.161 

NMAC can be revised by following the requirements in Subsection A of20.11.4.161 NMAC. 

C. Total direct and indirect emissions from federal actions in conjunction with all other emissions 

subject to general conformity from the facility that do not exceed the facility budget adopted pursuant to Subsection 

A of20.11.4.16 1 NMAC are "presumed to conform" to the SIP and do not require a conformitv analysis. 

D. If the total direct and indirect emissions from the federal actions in conjunction with the other 

emissions subject to general conformity from the facility exceed the budget adooted pursuant to Subsection A of 

20.11.4.\61 NMAC. the action must be evaluated for conformity. A federal agencv can use the compliance with the 

facilitv-wide emissions budget as part of the demonstration of conformity. i.e .. the agency wquld have to tnitigate or 

offset the emissions that exceed the emission budget. 

E. If the SIP for the area includes a categorv for construction emissions. the negotiated budget can 

exempt construction emissions from further conformity analysis. 

[20.11.4.161 NMAC- N, 3/14/11] 

20.11.4.162 EMISSIONS BEYOND THE TIME PERIOD COVERED BY THE SIP: !fa federal action 

would result in total direct and indirect emissions above the applicable thresholds which would be emitted beyond 

the time period covered by the SIP. the federal agency can: 

A. demonstrate conformity with the last emission budget in the SIP: or 

B. request the state or tribe to adopt an emissions budget for the action for inclusion in the SIP. The 

state or tribe must submit a SIP or TIP revision to EPA within I 8 months either including the emissions in the 

existing SlP or establishing an enforceable commitment to include the emissions in future SIP revisions based on the 

latest planning assumruions at the time of the SlP revision: no such commitment by a state or tribe shall restrict a 

state's or tribe's ability to require RACT. RACM or any other control measures within the state's or tribe's authority 

to ensure timely attainment of the NAAOS. 

[20.11.4.162 NMAC • N, 3/14/11] 

20.11.4.! 63 TIMING OF OFFSETS AND MITIGATION MEASURES: 

20.11.4 NMAC 16 
A. The emissions reductions from an offset or mitigation measure used to demonstrate conformity 

must _occu~ during the same calendar yeaLaS the ~mjssion increases from the action except. as_.ill.Q_vic!t:d iiJ 

;;ubsection B of20.11.4.163 Nfyt_L\C. 

____ B"'. The stale or tribe may approve emissions reductions in oth~r years orovided: 

(I) The reductions are greater than t!le emission increases by the following ratios: 

(a) extreme nonattainment areas: 1.5: I 

(b) severe nonattainment areas: 1.3: I 

(c) serious nonattainment areas: 1.2: I 

_____ ______{Q}_ moderate nonattainment areas: 1.15: I 

(e) allotherareas: 1.1:1. 

(2) The time period for completing the emissions reductions must not exceed twice the period of the 

emissions. 

(3) The otfset or mitigation measure with emissions redt1ctions in another year will not: 

(a) cause or contribute to a new violation of any air quality standard: 

(b) increase the frequency or severity of any existing violation of any air quality standard; or 

(c) delay the timelv anainrnem of any standard or any interim emissions reductions or other 

milestones in any area. 

C. The approval by the state or tribe of an offset or mitigation measure with emissions reductions in 

another year does not relieve the state or tribe of any obligation to meet any SIP or CAA milestone or deadline. The 

approval of an alternate schedule for mitigation measures is at the discretion of the state or tribe. and they are not 

required to aoorove an alternate schedule. 

[20.11.4.163 NMAC- N, 3/14/11] 

20.11.4.164 INTER-PRECURSOR MITIGATION MEASURES AND OFFSETS: Federal agencies must 

reduce the same type pollutant a'i being increased by the federal action except the state or tribe may approve offsets 

or mitigation measures of different precursors of the same criteria pollutant. if such trades are allowed by a state or 

tribe in a SIP or TIP approved new source review regulation. is technicallY justified. and has a demonstrated 

environmental benefit. 

[20.11.4.164 NMAC- N, 3/J4/11] 

20.11.4.165 EARLY EMISSION REDUCTION CREDIT PROGRAMS AT FEDERAL FACILITIES 

AND INSTALLATION SUB.JECT TO FEDERAL OVERSIGHT: 

A. Federal facilities and installations subject to federal oversight can. with the approval of the state or 

tribal agency resoonsible for the SIP or TIP in that area. create an early emissions reductions credit program. The 

federal agency can create the emission reduction credits in accordance with the requirements in Subsection B of 

20 11.4.165 NMAC and can used them in accordance with Subsection C of20.11.4.165 NMAC. 

B. Creation of emission reduction credits. 

(I) Emissions reductions must be quantifiable through the use of standard emission factors or 

measurement techniques. If non-standard factors or techniques to quantifv the emissions reductions are used. the 

federal agency must receive approval from the state or tribal agency responsible for the implementation of the SIP or 

TIP and ti"om EPA's Region VI omce. Th'l! emis;.;K>11 r;ductfon crec!it.s do not have to be quantified bef.Qre the 

reduction strategy is imPlemented. but must be quantified before the credits are used in the l!eneral conformity 

evaluation. 

(2) The emission reduction methods must be consistent with the applicable SIP or TIP attainment and 

reasonable further pmgress demonstrations. 

(3) The emissions reductions cannot be required by or c1·edited to other applicable SIP or TIP 

provisions. 

(4) Both the state or tribe and federal air quality agencies must be able to take legal action to ensure 

continued implementation of the emission reduction strategy. In addition. private citizens must also be able to 

initiate action to ensure compliance with the control requirement. 

(5) The emissions reductions must be permanent or the timeframe for the reductions must be 

specified. 

(6l The fede1·al agencv must document the emissions reductions and provide a copv of the document 

to the state or tribal air quality agency and the EPA region V[ office for review. The documentation must include a 

detailed description of the emission reduction strategy and a discussion of how it meets the requirements of 

Paragraphs (I] throu•h (5] of Subsection B of20.11.4.165 NMAC. 

20.1 I .4 NMAC 17 
C. Use of emission reduction credits. The emission reducrion credits created in accordance with 

Suhsection B_of2Q.,.LL.4"_1_65 NMAC ~an be usedL.~ubject to the following limila~ions. to reduce !he emission~ 

increase frof!l a federal action at the fac.ill!Y..fgr lhe conformjtv_cvaluation. 

---c:---:--'(_,_ILI--:-'-'Ifthe tt;chnique used to createJhe emission reduction is implemented at th~10ame facilitv as th~ 

~deral action and could bave occurred in coniunction with the federal action. then the credits can be used Lo reduce 

the total direct and mdircct emissions used to determine the applicability of the regulation as required in 20.11.4.15-l 

NMAC and as offsets or mitigation measures required by 20.11.4.158 NMAC. 

2 If the technique used to create the emission reduction is not implemented at the same facility as 

the federal a,9tion or could not have occurred in conjunction with the federal action then the credits cannot be used 

to reduce the total direct and indirect emissions used to determine the applicabilitv of the regulation as required in 

~0.11.4.153 NMAC but can be used to offset or mitigate the emissions as required bv 20.11.4.158 NMAC. 

{3) Emission!'i reductions credits must be used in the same year in which they are generated. 

(4) Once the emission reduction credits are used. they cannot be used as credits for another 

conformitv evaluation. However. unused creditc; from a strategv used for one confonnity evaluation can be used for 

another conformity evaluation as long as the reduction credits are not double counted. 

(5) Federal agencies must notify the state or tribal air quality agency responsible for the 

implementation of' the SIP or TIP and the EPA region VI office when the emission reduction credits are being used. 

[20.11.4.165 NMAC- N. 3/14/11] 

20.11.4 NMAC 18 

' 
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 February 

28,2011, VolumeXXIL Number4. 
New Mexico Register I Volume XXD, Number 4 I February 28, 2011 

This is an amendment to 20.11.4 NMAC, amending Sections 1, 2, 3, 6, 7, 9, 10, and 11; reserving Sections 12-

152; renumbering Sections 12-19; and adding Sections 161-165, effective March 14,2011. 

20.11.4.1 ISSUING AGENCY: Albuquerque- Bernalillo County Air Quality Control Board. P.O. Box 

1293, Albuquerque, NM 87103. Telephone: (505) (168 2600] 768-2601. 

[12116194 .. .1211195; 20.11.4.1 NMAC- Rn, 20 NMAC 11.04.1.1, 1011102; A, 3114111] 

20.11.4.2 SCOPE: 

[A.] The provisions of [this Pllft] 20.11.4 NMAC shall apply in all nonattainment and maintenance 

areas of and within Bernalillo county. 

A. Prohibition: Pursuant to 40 CFR 93.150: 

( 1) No deoartrnenl agency or instrumental itv of the federal government shall engage in. support in 

any way or provide fmancial assistance for. license or pennit, or approve any activity that does not conform to an 

applicable implementation plan or maintenance plaJ). 

(2) A federal agency must make a determination that a federal action confonns to the applicable 

implementation plan or maintenance plan in accordance with the reguirements of 20.11.4 NMAC before the action 

is taken. 

(3) Reserved. 

(4) Notwithstanding any provision of 20.11.4 NMAC. a determination that an action is in 

conformance with the applicable implementation plan or maintenance plan does not exempt the action from any 

other reguirements of the awlicable implementation plan or maintenance plan. the NEPA or the Clean Air Act 

(CAA). 

(5) If an action would result in emissions originating in more than one nonattainment or maintenance 

area. the conformity must be evaluated for each area separately. 

B. Exempt: [Tkis PitA] 20.11.4 NMAC does not apply to sources within Bernalillo county, which 

are located on Indian lands over which the Albuquerque- Bernalillo county air quality control board lacks 

jurisdiction. 

[12116194 ... 1211195; 20.11.4.2 NMAC -Rn, 20 NMAC 11.04.1.2,1011/02; A, 3114111] 

20.11.4.3 STATUTORY AUTHORITY: [This P!Ht] 20.11.4 NMAC is adopted pursuant to the authority 

provided in the New Mexico Air Quality Control Act, NMSA 1978 74-2-4, 74-2-5.C; the Joint Air Quality Control 

Board Ordinance, Bernalillo County Ordinance 94-5 4; and the Joint Air Quality Control Board Ordinance, Revised 

Ordinances of Albuquerque 1994 9-5-1-4. 

[12116194 .. .1211195; 20.11.4.3 NMAC- Rn, 20 NMAC 11.04.1.3, 1011102; A, 3114111] 

20.11.4.6 OBJECTIVE: [The e~eeave eftl\is Part is] To implement Section 176(c) of the Clean Air Act 

(CAA), as amended (42 U.S.C. 7401 et seq.) and [Fegl:liiHieRs I:HI:Ser 4{) CfR PaFI: §1 Sttbpart W] the related 

requirements of 23 U.S.C. 109(j), with respect to the conformity of [geReral felieralaeti9fts te the appiiealde 

i~HplemeRtatieR JIIBR] transportation plans, programs. and projects which are developed. funded. or approved by the 

United States department of transportation (DOT). and by metropolitan planning organizations (MPQsl or other 

recipients of funds under Title 23 U.S.C. or tb~ Federal Transit Laws (49 U.S.C. Chaptl!r 5li. Thill rJle sets forth 

policy, criteria, and procedures for demonstrating and assuring conformity of [geReFB:I feEiefelaetieRs] such activities 

to [the] an applicable implementation plan (l:Jfteer these 8\tthefities:J developed pursuant to Section llO and Part D 

ofthe CAA. 

(} .. , ~Ia Eiep&rtmeRt, ageRey er iesB'Il!flt!Rtality efthe feaeral gavemmeRt shall eRgage m, SSJIJ19ft iR 

BHY •;r;ey er Jlre·;iae MR8Reial assistaaee fer, lieeese er JleFftlit, er appreve BRY aetivity, wAlielt Eiees Ret eeRferm te 8R 

llf'JIIieaele implemeRt!Hiee J!IBH. 

B. •"• feEieral ageRey fftllst make a EieteFRJ:iRatiee that a feEieral: aetiee eeeferms te the llf'Jilieahle 

imJ~lemeRtatieR JIIBR ifl aeeerllaBee vlith the Ft!Ej:lliretBeRts ef tltis stthf!art hefere the aetieR is takeR. 

C, 8ehseetieR 8. ef :!Q.ll A .a ~l~'I,A,C Eiees Ret iRell:l&e feEieral aetieRs where eitHer: 

(1) •"• NatieBal ERYiffiftmeiHal Peliey Aet (1>/EP,"'.) ll:ftalysis was ee~Hpletee as eviEieReeEi hy a: 

(e) FiREiiBg efRe sigeiiie&Rt iA'IJI&et (FONSI) that was f!FI!IJiftfee fiRer te J&HI:Iftl1' :H, 1994; 

(2) Or: 

20.11.4 NMAC 
New Mexico Register I Volume XXD, Number 4 I February 28,2011 

(~ PFieF te Jan~·~], 1994, B:llJ!A -.. vas 88Rlftl8B88d BF 8: 8BBH=8et was &WBfEied te fle\·e}ef3 the 

speeiHe esvireftffteHtal B:fl&l) sis, 

(h) Sl:ifHeieB:t eRoireHmeRftll fttlal:)sis is eemf'lel:eel h) l:1aFeft 1~, 1994 sa tftat tfte fetieFal 

&gefl:BY ~· detemtiRe 11\at the fedeFal aetiBR is in: BBRfeRBit)' with the speeifie FBEJ:H:iFBfBefttS anQ the J3tiFf18S8S eftfte 

applieahle state lfft13lemeatatiee Plan (S~ JUH'S\:Ulftt te the &geBe~'s atfifiBative eBligatiea Uflder seeHes l?,(e) ef 

the Clean Aif Aet; Md 

(e) A wf'i~teR eletemria&tiea efeeafeRBHy l:lR8er seetiea 17"(e) efifte CAA RB£1 hefMl maele h) 

the fedeFBlag;'eRey Fespeasible fer .Se feBBF&laetieH b)· Mareh 1§, 1994. 

D. }'Jetwithstanttiflg &B) pre\isieR efthis PaR, a EletemriR&t:iea that ftflaet:ieR is in eeftfeFmBHee nitl:t 

tfte &JJpliealtle implemefttetieH J'I&H tiees set eMempt the asHeR R=em ~·ether FeEJ:Hit eH'IeAM ef~e applieable 

i~leFAelftatiea plBft, die Ul~iPt"t; SF die CAA.] 

[12116194 ... 12/1195; 20.11.4.6 NMAC- Rn, 20 NMAC 11.04.1.6, 1011102; A, 3114111] 

20.11A.7 DEFINITIONS: Terms used but not defmed in [!his Part]20.11.4 NMAC shall have the meaning 

given them by the CAA and EPA's regulations, (40 CFR Chapter I), in that order of priority. In addition to the 

definitions in 20.11.4.7 NMAC the definitions in 20.11.1.7 NMAC apply unless there is a conflict between 

defmitions, in which case the defmition in [this Part] 20.11.4 NMAC shall govern. 

A. "Affected federal land manager" means the federal agency or the federal official charged with 

direct responsibility for management of an area designated as Class I under the CAA (42 U.S.C. 7472) that is 

located within 100 km of the proposed federal action. 

B. "Air agency" means the (Aif PellutieR Ceetfel 9i .isieR (MC9)] Air Oualitv 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/her designee, is the lead air quality planning agency for the 

Albuquerque- Bernalillo county nonattainment/maintenance area. The EHD serves as staff to the AlbuquerqueBernalillo county (ABC) air quality control board (AQCB), also referred to as the ABCIAQCB, and is responsible 

for implementing AQCB regulations. 

C. "Applicability analysis" [meen:s !he early tjtt&at:if'ieatiBH aRB fh<ta~eR B!:H'&tg tfte eeRfaffRi~y 

pFeeess ,,fteFe yeBfl~· EttfBRtities ef eFiteria pelltit:&Rts BFe eelet:ilated te detemHee if the thfesh:el8s ef2Q.ll .4. 12 

~~~YzC BFS met] is the process of detennining if a federal action must be suooorted by a conformity determination. 

D. "Applicable implementation plan" or "applicable state implementation plan" or "applicable 

SIP" means the portion (or portions) of the SIP or most recent revision thereof, which has been approved under 

Section [+-HJ]l.l.Q(k) ofthe CAA, [Elf] a federal implementation plan (F!Pl promulgated under Section 11 0( c) of the 

CAA [(fe8eFBI implemeRt&tieR plan)], or a plan promulgated or approved pursuant to [Fegttl&tiees pFemttlgate8 

....a...] Section 301( d) ofthe CAA (tribal implementation plan or TIP) and which implements the relevant 

requirements of the CAA. 

E. "Area-wide air quality [ meaiteFiag] modeling analysis" means an assessment on a scale that 

includes the entire nonattainment or maintenance area [·,-.cftieB Hses] using an air quality dispersion model or 

photochemical grid model to determine the effects of emissions on air quality. for example an assessment using 

EPA's communitv multiscaJe air qualitv (CMAQ) modeling svstem. 

F. "Cause or contribute to a new violation" means a federal action that: 

(I) Causes a new violation of a national ambient air quality standard (NAAQS) at a location in a 

nonattainment or maintenance area which would otherwise not be in violation of the standard during the future 

period in question if the federal action were not taken; or 

(2) Contributes, in conjunction with other reasonably foreseeable actions, to a new violation of a 

NAAQS at a location in a nonattainment or maintenance area in a manner that would increase the frequency or 

severity of the new violation. 

G. "Caused by" as used in the terms "direct emissions", and "indirect emissions" means emissions 

that would not otherwise occur in the absence of the federal action. 

H. "Confidential business information" or "CBI" means information that has been determined by 

a federal agency. in accordance with its aPPlicable regulations. to be a trade secret or commercial or fmancial 

information obtained from a oerson and privileged or confidential and it is exempt from required disclosure under 

the Freedom of information Act (5 U.S.C.552CbX4)). 

I. "Confonnitv determination" means the evaluation <made after an applicability analysis is 

completed) that a federal action conforms to the applicable implementation plan or maintenance plan and meets the 

requirements of 20.11.4 NMAC. 

20.11.4 NMAC 2 
New Mexico Register I Volume XXII, Number 4/ February 28,2011 

J. "Conformity evaluation" means the entire process from the applicability analysis through the 

conformity determination that is used to demonstrate that the federal action conforms to the requirements of20.11.4 

NMAC. 

K. "Continuing program resnonsibility" means a federal agency has resoonsibilitv for emissions 

caused by: 

(I) actions it takes itself: or 

(2) actions of non-federal entities that the federal agencY. in exercising its normal programs and 

authorities. aooroves. funds. licenses or permits. provided the agency can impose conditions on any oortion of the 

action that could affect the emissions. 

L. "Continuous program to implement" means that the federal agency has started the action 

identified in the plan and does not stop the actions for more than an IS-month oeriod. unless it can demonstrate that 

such a stoppage was included in the original plan. 

[II.JM. "Criteria poUutant or standard" means any pollutant for which there is established a NAAQS at 

40 CFR Part 50. 

[1.~ "Direct emissions" means those emissions of a criteria pollutant or its precursors that are caused 

or initiated by the federal action and originate in a nonattainment or maintenance area and occur at the same time 

and place as the action and are reasonably foreseeable. 

[.J.]O. "Emergency" means a situation where extremely quick action on the part of the federal agencies 

involved is needed and where the timing of such federal activities makes it impractical to meet the requirements of 

[!his Pllfl] 20.1 I .4 NMAC. such as natural disasters like hurricanes or earthquakes, civil disturbances such as 

terrorist acts, and military mobilizations such as assembling and organizing troops and materiel for the defense of a 

nation in time of war or national emergency. 

[K.)P. "Emissions budgets" are those portions of the applicable SIP's projected emissions inventories 

that describe the levels of emissions (mobile, stationary, area, etc.) that provide for meeting reasonable further 

progress milestones, attainment, [aftEYef] QI maintenance for any criteria pollutant or its precursors. 

0. "Emissions inveutorv" means a listing of information on the location. type of source. tvoe and 

guantitv of pollutant emitted as well as other parameters of the emissions. 

[b)R. "Emissions offsets" for purposes of [29.11.4 .S) 20.11.4.158 NMAC are emissions reductions 

which are quantifiable, consistent with the applicable SIP attainment and reasonable further progress 

demonstrations, surplus to reductions required by, and credited to, other applicable SIP provisions, enforceable at 

both the state and federal levels, and permanent within the timeframe specified by the program. 

[M.]~ "Emissions tbat a federal ageney bas a continuing program responsibility for" means 

emissions that are specifically caused by an agency carrying out its authorities, and does not include emissions that 

occur due to subsequent activities, unless such activities are required by the federal agency. Where an agency, in 

performing its normal program responsibilities, takes actions itself or imposes conditions that result in air pollutant 

emissions by a non· federal entity taking subsequent actions, such emissions are covered by the meaning of a 

continuing program responsibility. 

[N.]T. "Federal action" means any activity engaged in by a department, agency, or instrumentality of 

the federal govemmen4 or any activity that a departmen4 agency or instrumentality of the federal government 

supports in any way, provides financial assistance for,licenses, permits, or approves, other than activities related to 

transportation plans, programs, and projects developed, funded, or •pproved und<T Tit:e 23 u.S.C. or tl:e federal 

Transit Act (49 U.S.C. 1601 et seq.). Where the federal action is a permit, license, or other approval for some aspect 

of a non-federal undertaking, the relevant activity is the part, portion, or phase or the non-federal undertaking that 

requires the federal permit, license, or approval. 

[().J.Y. "Federal agency" means a federal department, agency, or instrumentality of the federal 

government. 

[JI.]V. "Increase tbe frequency or severity of any existing violation of any standard in any area" 

means to cause a nonattainment area to exceed a standard more often or to cause a violation at a greater 

concentration than previously existed [aftEYef] QI would otherwise exist during the future period in question, if the 

project were not implemented. 

[Q.)W. "Indirect emissions" 

ill means those emissions of a criteria pollutant or its precursors: [~] 

[fBI W that are caused or initiated by the federal action [lnll-· eee>~Fllllor is lime and/or ma~· be 

far.h:er nmevea iR Elislaftee fFem the aetieR itselflntt] and originate in the same nonattainment or maintenance area 

but occur at a different time or place as the action: 

f!il that are [slill] reasonably foreseeable; [aR<I) 

20.11.4 NMAC 3 
New Mexico Register I Volume XXD, Number 4/ February 28,2011 

[~] (£) that the [fe<lerel] agency can practicably control; and [will maialai11 eelllfel e·.er Eillele a 

e8fltimliBg JUBgRUB respeHsiBilify ef~e fedef&l ageney ifleltuliRg, 9tH aet limited te: 

ta) tfaffie BB: BF te, Bf !!ttifHttla:ted e,' a pFBflBSetl feeilit, •• BieR is related te Htereases Bf etfter 

eh&eges iR tfte seale er timiRg ef BJ3eP&tieR:s ef sueh faeili4:y: 

~8) emissieas nlateEl te die aetivikes ef empleyees ef eeRtfaeteFs er feEleRI:I em~leyees sHeH as 

empleyee weFlt tftps; 

(e) em:issiess nlateEl te em~leyee eeHHfttltiRg aHd sirBilar J'FBgFamB te ifiere&Se a, epage 

eeeHpBRe,· impese8 ea all employers efa eeftaia sii!ie ifl the leeality; 

(EI) emissieas reltHeEI te tke Hse effeEieFBI faeilities uad:er lease er tefftJ3Bf'S.f5 flet=Rlit; 

(e) emissieHs R!lateS te the aeth~ties efeeHWeteFB er JeeseftelSeFS tftat ma, 8e aEJ&iesseEl By 

J3Fe or.isiBHS tft&t 81'8 U:Seel anQ BlHHBRl&r-y fer 88Rft:aets Bf }eases Sf v:itftia the SBBJ38 ef eefttftlefttal J:IFBteelieR eftfte 

iRtere~s ef the URite8 States; and 

(f) fttgitive Ehtst Hem Elirt rea8s 9F disturBed sail.] 

(d) for which the agency has continuing program responsibility. 

(2) For the purposes of this defmition. even if a federal licensing. rulemaking or other aooroving 

action is a reauired initial step for a subsequent activity that causes emissions. such initial steps do not mean that a 

federal agency can practically control any resulting emissions. 

[&JK: "Local air quality modeling analysis" means an assessment of localized impacts on a scale 

smaller than the entire nonattainment or maintenance are~ including, for example, congested [read>.v&y iRteFSeetiees 

ana higlw;ays er IFallsill...,.iBals] roadways on a federal facility, which uses an air quality dispersion model~ 

industrial source complex model or emission and disoersion model system). to detennine the effects of emissions on 

air quality. 

[S.]Y. "Maintenance area" means an area [w!Ht] that was designated as nonattainment and has been redesignated in 40 CFR Part 81 to attainment. meeting the provisions of Section 1071dX3XE) of the CM and has a 

maintenance plan approved under Section 175A of the CM. 

[.J;.}Z. "Maintenance plan" means a revision to the applicable SIP, meeting the requirements of Section 

175AoftheCAA 

[-lhlAA. "Metropolitau planning organization"!!!: "MPO" [is that et=ganii!!atiee 8esigRate8 as ~eieg 

FSSf:JBRsiBie, tegeiftet" with the state, fer eeR&I:ieting th:e eeRt:itu:tiRg, eeeJiefllfive, aR:EI eempreftBRsive J3lanAiRg Pfeees5 

uaaer ~] U.S.C. B4 ana 49 U.S.C. I~Q'I] means the oolicy board of an organization created as a result of the 

designation process in 23 !J.S.C. 134(d). 

[¥.]BB. "Milestone" has the meaning given in Sections 182(gXI) and 189( eX!) of the CM. A milestone 

consists of an emissions level and date on which it is required to be achieved. 

CC. "Mitigation measure" means any method of reducing emissions of the oollutant or its precursor 

taken at the location of the federal action and used to reduce the impact of the emissions of that pollutant caused by 

the action. 

[W.]DD. "National ambient air quality standards"!!! "NMQS" are those standards 

established pursuant to Section 109 of the CM and include standards for carbon monoxide (CO), lead (Pb), 

nitrogen dioxide (NO,), ozone, particulate matter (PM10 and PMu), and sulfur dioxide (SO,). 

['!k.]EE. "NEPA" is the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.). 

[¥.liE: "Nonattainment Area"!!!: "NAA" means an area designated as nonattainment under Section 107 

of the CM and described in 40 CFR Part 8 I. 

[~]GG. "Precursors of a criteria poUutant" are: 

(I) for ozone, nitrogen oxides (NOx), unless an area is exempted from NOx requirements under 

Section !82(f) of the CAA, and volatile organic compounds (VOC); and 

(2) for PM10, those pollutants described in the PMw nonattainment area applicable SIP as significant 

contributors to the PM10 levels. 

13) ForPMU: 

Ia) sulfur dioxide IS{)z) in all PM,< nonattairunent and maintenance areas, 

(b) nitrogen oxides in all PM, 1 nonattainment and maintenance areas unless both the 

department and EPA determine that it is not a significant precursor. and 

(c) volatile organic compounds CVOC) and ammonia fNH1) only in PM, 5 ·nonattainment or 

maintenance areas where either the department or EPA determines that they are significant precursors. 

[M.JHB. "Reasonably foreseeable emissions" are projected future direct and indirect emissions 

that are identified at the time the conformity determination is made; the location of such emissions is known and the 

20.11.4 NMAC 4 
New Mexico Register I Volume XXII, Number 4/ February 28, 20ll 

emissions are quantifiable, as described and documented by the federal agency based on its own information and 

after reviewing any information presented to the federal agency. 

[11&)11. "Regional water [iHMU&F] !!! wastewater projects" include co'nstruction, operation, and 

maintenance of water or wastewater conveyances, water or wastewater treatment facilities, and water storage 

reservoirs, which affect a large portion of a nonattainment or maintenance area. 

[~]JJ. "Regionally significant action" means a federal action for which the direct and indirect 

emissions of any pollutant represent 10 percent or more of a nonattainrnent or maintenance area's emissions 

inventory for that pollutant. 

KK. "Restricted information" means information that is privileged or that is otherwise orotected from 

disclosure pursuant to applicable statutes executive orders. or regulations. Such information includes. but is not 

limited to: Classified national security information. orotected critical infrastructure information. sensitive securitv 

information. and proorietarv business information. 

LL. ''Smoke management program" or "SMP" establishes a basic framework of procedures and 

requirements for managing smoke from fires that are managed for resource benefits. The pumoses of SMPs are to 

mitigate the nuisance and public safety hazards (e.g .. on roadways and at airports) posed by smoke intrusions into 

ponulated areas: to prevent deterioration of air qualitv and NAAOS violations: and to address visibilitv impacts in 

mandatorv Class I federal areas in accordance with the regional haze rules. 

MM. "Take or start the federal action" means the date that the federal agency signs or aooroves the 

permit. license. grant or contract or otherwise physically begins the federal action that reauires a conformity 

evaluation under 20.11.4 NMAC. 

(DD.INN. "Total of direct and indirect emissions" means the sum of direct and indirect emissions 

increases and decreases caused by the federal action (i.e., the "net" emissions considering all direct and indirect 

emissions). The portion of emissions which are exempt or presumed to conform under Subsections C, D, [tw] E .2I..f 

of [~Q.I1.4 .1~]20.11.4.153 NMAC are not included in the "total of direct and indirect emissions." The "total of 

direct and indirect emissions" includes emissions of criteria pollutants and emissions of precursors of criteria 

pollutants. [+he segmeatatieR ef~Jrejeets fer eeafeFmity anal~·ses whea emissiens BFe reasea:ably fereseeable is Ret 

peHHiHed 1:1) tlHs regHIBtiea. IB ~·eases, the eyefQR set ef ~iH:es SesefteeEl wi-thin an eRvifafln:uMttal 

d:eeumeRt (e.g. ett oireRmeatal assessmeBt, ea • ireBmeetal ifltl'&et statemettt), a Hl&Ster f!IBA:, site filaR, l811d: er faeili~ 

m£magemeat filM, er sim:il8f J!IBfming d:eel:lfBeBt 'h'm eeBstiaK:e the aetie~s) te l:le e"t'9luate8. 'WfteFe J!hesiag is 

BA:tiei~J&ted, anal) ses Hl&y need: te e·faluate IEey legieal stef!s iR the im~JiemeRtatieR efthe J!Fejeet er J'FBJ!Bsal.] 

00. "Tribal implementation plan" or "TIP" means a plan to implement the national ambient air 

quality standards adopted and submitted by a federally recognized indian tribal government determined to be 

eligibleunder40 CFR49.9 and the plan has been aPProved by the EPA. 

[12/16/94 ... 12/1195; 20.11.4.7 NMAC- Rn, 20 NMAC 11.04.1.7, 10/1102; A, 311411 I] 

20.ll.4.9 SAVINGS CLAUSE: Any amendment to 20.11.4 NMAC, which is filed, with the state records 

center shall not affect actions pending for violation of a city or county ordinance[, Air Qua!ily Cealfel lleBfd 

Regu!Biiaa 43, er Pari Q4] or 20.11.4 NMAC. Prosecution for a violation under prior regulation wording shall be 

governed and prosecuted under the statute, ordinance, part, or regulation section in effect at the time the violation 

was committed. 

[12.'16/94 ... 12/1/95; 20.11.4.9 NMAC- Rn, 20 NMAC 11.04.1.9, 10/1102; A, 3/14/11] 

20.ll.4.10 SEVERABILITY: If any section, paragraph, sentence, clause, or word of [this PBfl]20.11.4 

NMAC is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect 

the validity of remaining provisions of [this PBF1]20.11.4 NMAC. 

[12/16/94 ... 12/1195; 20.11.4.10 NMAC- Rn, 20 NMAC 11.04.1.10, 1011/02; A, 311411 I] 

20.ll.4.ll DOCUMENTS: Documents incorporated and cited in [this P8Ft]20.11.4 NMAC may be viewed 

at the Albuquerque Environmental Health Department, 400 Marquette Ave. NW, Albuquerque, NM. 

[12/1195; 20.11.4.11 NMAC- Rn, 20 NMAC 11.04.1.11 & A, 10/1102; A, 311411 I] 

20.11.4.12 to 20.ll.4.152 [Reserved] 

[20,U,U2]20.ll.4.153 [DI!iTI!iRl\IIN/.:H9NS FOR CONFQRl\IITY] APPLICABILITY ANALYSIS: 

A. Conformity determinations for federal actions related to transportation plans, programs, and 

projects developed, funded, or approved under Title 23 U.S.C. or [the fed..al Transit Ael (49 U.S.C. 1691 el seq.~] 

20.11.4 NMAC 5 
New Mexico Register I Volume XXD, Number 4/ February 28,2011 

49 U.S.C. Chapter 53 must meet the procedures and criteria of[2Q.I U ~IMt>,C 'FIWIISJ'BI'IaHBII b6•!fil""'i"•]40 CFR 

Part 51. Suboart T. in lieu of the procedures set forth in [this Pafl]20.11.4 NMAC. 

B. For federal actions not covered by Subsection A of[2Q.ll.U2]20.11.4.153 NMAC, a conformity 

determination is required for each criteria pollutant or precursor where the total of direct and indirect emissions in a 

nonattainment or maintenance area caused by a federal action would equal or exceed any of the rates in Paragraph 

(1) or (2) of Subsection B of [2Q.11.4.12] 20.11.4.153 NMAC. [AB lljlplieal!ilit, aBBl) sis sloall eo used to detOfffiiHe 

if an aeties meets these thfesRelds far aetiess, wkiek are Bet etherr.. ise enempteEI. Is the e·, eHt lhe FeEft:tifemeHts ef 

in PaF&gHph (1) and (2), efS~seeHen B, ef2Q.11.4.12 ~~~41\C &Fe net met, a eelflJJlete eeRfeRflit:y deteRBinaties 

will aet Be seeessary. AgBReies Bfe Be, el'lheless eReelH'ageel te eeerdin&te n if:h: ~e air ageser EIHi.ng the 

applieabili~ 8ft~sis pRase, espeeially wheB f1FBJIBSe8 aeHens ar-e likely te preektee meaningfl:tllevels efpellutieR 

e·rea the~:~gh die ameHllt ealetd&ted may Be Bela •• 1:fte i8e&tiHe8 t1Hesftel8s. An B:FeB:ess 8::, the air ageRey ef1:fte 

fftBft)' aetieRs Belew the thresftel8s will assist the air ageRey iB e; erall plBRBillg efferts {e.g. efflissiea iao eRteFie~.] 

(1) For purposes of Subsection B of [~Q.ll.4.12]20.11.4.153 NMAC, the following rates apply in 

nonattainment areas: 

Criteria Pollutant or Rate (Tons/Year) 

zt\HEAS] 

Ozone (VOC's or NOx): 

Carbon monoxide: 

S01 orN01: 

PM 2.5: 

Pb: 

Serious NAA's 

Severe NAA's 

Extreme NAA's 

Other ozone NAA's outside 

an ozone transport region 

[~fargiaal an8 ffteelerate] 

Other ozone NAA's inside 

an ozone transport region: 

All NAA's 

All NAA's 

Moderate N AA's 

Serious NAA's 

Direct emissions 

~ 

NO, (unless determined !!2! 

to be signiticant orecursorsl 

VOC or ammonia (if 

determined to be significant 

orecursorsl 

All NAA's 

voc 

NO, 

50 

25 

10 

100 

50 

100 

100 

100 

100 

70 

100 

100 

100 

100 

25 

(2) For the purposes of Subsection B of[~Q.ll.4.1~]20.11.4.153 NMAC, the following rates apply in 

maintenanee areas: 

20.11.4 NMAC 6 
New Mexico Register I Volume XXTI, Number 4/ February 28, 20ll 

Criteria PoUutant or 

Precursor 

[1\IADITEN.'..NCE 

AllEI .. S] 

Ozone (NO., SO, or NO,): 

Ozone (VOC's): 

Carbon monoxide: 

PM2.5: 

Pb: 

All maintenance areas 

Maintenance areas inside an 

ozone transport region 

Maintenance areas outside 

an ozone transport region 

All maintenance areas 

All maintenance areas 

Direct emissions 

m 

NO, (unless determined not 

to be significant precursors) 

VOC or ammonia (if 

determined to be significant 

precursors> 

All maintenance areas 

Rate (Tons/Year) 

100 

50 

100 

100 

100 

100 

100 

100 

100 

25 

C. The requirements of [lhio Port]20.ll.4 NMAC shaU not apply to the foUowing federal 

actions: 

(1) actions where the total of direct and indirect emissions are below the emissions levels specified in 

Subsection B of[29.11.4.12]20.11.4.153 NMAC. 

(2) the following actions which would result in no emissions increase or an increase in emissions that 

is clearly de minimis: 

(a) Judicial and legislative proceedings. 

(b) Continuing and recurring activities such as permit renewals where activities conducted will 

be similar in scope and operation to activities currently being conducted. 

(c) Rulemaking and policy development and issuance. 

(d) Routine maintenance and repair activities including repair and maintenance of 

administrative sites, roads, trails, and facilities. 

(e) Civil and criminal enforcement activities, such as investigations, audits, inspections, 

examinations, prosecutions, and the training of law enforcement personnel. 

(f) Administrative actiom such ab pcn.MJJrnel a:tions, organintional changes, debt management 

or collection, cash management, internal agency audits, program budget proposals, and matters relating to the 

administration and collection of taxes, duties and fees. 

(g) The routine, recurring transportation of [FR&Iefiol] materiel and personnel. 

(h) Routine movement of mobile assets. such as ships and aircraft, in home port reassignments 

and stations (when no new support facilities or personnel are required) to perform as operational groups [&A<J.lef] m: 

for repair or overhaul. 

(i) Maintenance dredging and debris disposal where no new depths are required, applicable 

permits are secured, and disposal will be at an approved disposal site. 

U) Actions, such as the following, with respect to existing structures, properties, facilities and 

lands where future activities conducted will be similar in scope and operation to activities currently being conducted 

at the existing structures, properties, facilities, and lands; for example, relocation of personnel, disposition of 

federaJiy-owned existing structures, properties, facilities, and lands, rent subsidies, operation and maintenance cost 

subsidies, the exercise of receivership or conservatorship authority, assistance in purchasing structures, and the 

production of coins and currency. 

20.11.4 NMAC 7 
New Mexico Register I Volume XXII, Number 4/ February 28, 20ll 

(k) The granting of leases, licenses such as for exports and trade, permits, and easements where 

activities conducted will be similar in scope and operation to activities currently being conducted. 

(1) Planning, studies, and provision of technical assistance. 

(m) Routine operation offacilities, mobile assets and equipment. 

(n) Transfers of ownership, interests, and titles in land, facilities, and real and personal 

properties, regardless of the form or method of the transfer. 

(o) The designation of empowerment zones, enterprise communities, or viticultural areas. 

(p) Actions by any of the federal banking agencies or the federal reserve banks, including 

actions regarding charters, applications, notices, licenses, the supervision or examination of depository institutions 

·or depository institution holding companies, access to the discount window, or the provision offmancial services to 

banking organizations or to any department, agency or instrumentality of the United States. 

( q) Actions by the board of governors of the federal reserve system or any federal reserve bank 

to effect monetary or exchange rate policy. 

(r) Actions that implement a foreign affairs function of the United States. 

(s) Actions (or portions thereof) associated with transfers ofland, facilities, title, and real 

properties through an enforceable contract or lease agreement where the delivery of the deed is required to occur 

promptly after a specific, reasonable condition is met, such as promptly after the land is certified as meeting the 

requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and 

where the federal agency does not retain continuing authority to control emissions associated with the lands, 

facilities, title, or real properties. 

(t) Transfers of real property, including land, facilities, and related personal proP.,rty from a 

federal entity to another federal entity and assignments of real property, including land, facilities, and related 

personal property from a federal entity, to another federal entity for subsequent deeding to eligible applicants. 

(u) Actions by the department of the treasury to effect fiscal policy and to exercise the 

borrowing authority of the United States. 

(v) Air traffic control activities and adopting aooroach. deoarture and enroute procedures for 

aircraft operations above the mixing height specified in the aoolicable SIP or TIP. Where the aoolicable SIP or TIP 

does not snecify a mixing height the federal agency can use the 3.000 feet above ground level as a default mixing 

height. unless the agency demonstrates that use of a different mixing height is aopropriate because the change in 

emissions at and above that height caused by the federal action is de minimis. 

(3) Actions where the emissions are not reasonably foreseeable, such as the following: 

(a) Initial outer continental shelflease sales which are made on a broad scale and are followed 

by exploration and development plans on a project level. 

(b) Electric power marketing activities that involve the acquisition, sale and transmission of 

electric energy. 

(4) Actions which implement a decision to conduct or carry out a conforming program such as 

prescribed burning actions which are consistent with a conforming land management plan. 

D. Notwithstanding the other requirements of [lkis Jlllfl]20.11.4 NMAC, a conformity determination 

is not required for the following federal actions (or portion thereof): 

(1) The portion of an action that includes major or minor new or modified stationary sources that 

require a permit under the new source review (NSR) program (Section llO!'aX2Xcl and Section 173 of the CAA) or 

the prevention of significant deterioration (PSD) program (Title I, Part C of the CAA). 

(2) Actions in response to emergencies [ er naftlfal disasters stteR Bfl h:I:IFf'ieiHles, e&Fth:ettta:ltes, e~e.,] 

which are typically commenced on the order of hours or days after the emergency [ ar a;...,IOI'] and, if applicable, 

which meet the requirements of Subsection E of [2Q.ll.4.12]20.11.4.153 NMAC. 

(3) Research, investigations, studies, demonstrations, or training (other than those exempted under 

Paragraph (2) of Subsection C of [2Q.ll.4.12] 20.11 4.153 NMAC), where no environmental detriment is incurred 

[M<l,ler] Q[, the particular action furthers air quality research, as determined by the air agency primarily responsible 

for the applicable SIP. 

( 4) Alteration and additions of existing structures as specifically required by new or existing 

applicable environmental legislation or environmental regulations (e.g., hush houses for aircraft engines and 

scrubbers for air emissions). 

(5) Direct emissions from remedial and removal actions carried out under the Comprehensive 

Environmental Response, Compensation and Liability Act (CERCLA) and associated regulations to the extent such 

emissions either comply with the substantive requirements of the PSD/NSR permitting program or are exempted 

20.11.4 NMAC 8 
New Mexico Register I Volume XXII, Number 4/ February 28, 20ll 

from other environmental regulation under the provisions of CERCLA and applicable regulations issued under 

CERCLA. 

E. Federal actions which are part of a continuing response to an emergency or disaster under 

Paragraph (2) of Subsection D of [2Q.ll.4 .12] 20.11.4.153 NMAC and which are to be taken more than [&] six 

months after the commencement of the response to the emergency or disaster under Paragraph (2) of Subsection D 

of[2Q.Il.U2]20.11.4.153 NMAC are exempt from the requirements of this regulation only if: 

(I) the federal agency taking the actions makes a written determination that, for a specified period not 

to exceed an additional6 months, it is impractical to prepare the conformity analyses which would otherwise be 

required and the actions cannot be delayed due to overriding concerns for public health and welfare, national 

security interests and foreign policy commitments, or 

(2) for actions which are to be taken after those actions covered by Paragraph (I) of Subsection E of 

[2Q.Il.U2]20.11.4.153 NMAC, the federal agency makes a new determination as provided in Paragraph (I) of 

Subsection E of [2Q.ll.4.12]20.11.4.153 NMAC and: 

(a) provides a draft copy of the written determinations required to affected EPA regional 

office(sl. the affected statefs) or air pollution control agencies. and any federal recognized indian tribal government 

in the nonattainment or maintenance area: those organizations must be allowed 15 days from the beginning of the 

extension neriod to comment on the draft determination: and 

(bl wjthin 30 days after making the determination. publish a notice of the determination by 

placing a prominent advertisement in a daily newsoaper of general circulation in the area affected by the action. 

(3) If additional actions are necessary in resoonse to an emergency or disaster under Paragraph (2). of 

Subsection D of 20.11.4.153 NMAC beyond the specified time period in Paragraph (2) of Subsection E of 

20.11.4.153 NMAC. a federal agency can make a new written determination as described in Paragraph (2). of 

Subsection E of20.11.4.153 NMAC for as many 6-month periods as needed, but in no case shall this exemption 

extend beyond three 6-month periods ex cent where an agency: 

(a) provides information to EPA and the state or tribe stating that the conditions that gave rise 

to the emergency exemption continue to exist and how such conditions effectively prevent the agency from 

conducting a conformitv evaluation. 

(b l Reserved. 

F. Notwithstanding other requirements of [this PIIFI]20.1!.4 NMAC. actions specified by individual 

federal agencies that have met the criteria set forth in either [l'aFagFII(lh (I) er (2),] Paragraphs (I) (2) or 131 of 

Subsection G of[2Q.Il.U2]20.11.4.153 NMAC and the procedures set forth in Subsection H of [2Q.ll.4.12] 

20.11.4.153 NMAC are "presumed to conform", except as provided in Subsection J of [2Q.l1.4.12]20.11.4.153 

NMAC. Actions soecified by individual federal agencies as "oresumed to conform" may not be used in 

combination with one another when the total direct and indirect emissions from the combination of actions would 

equal or exceed any of the rates specified in Paragraphs (I\ or (2) of Subsection B of20.11.4.153 NMAC. 

G. The federal agency must meet the criteria for establishing activities that are "presumed to 

conform" by fulfilling the requirements set forth in either [Paragfll(lh (I) er (2), ef S..Sseetiea A, ef 2Q.ll.4 .12 

NMAG] Paragraphs (1), (2) or 131 of Subsection G of 20.1 1.4.153 NMAC: 

(I) The federal agency must clearly demonstrate using methods consistent with 20.11.4 NMAC that 

the total of direct and indirect emissions from the type of activities which would be presumed to conform would not: 

(a) c.1use or contribute to any new violation of :my sta11danl in any area; 

(b) interfere with provisions in the applicable SIP for maintenance of any standard; 

(c) increase the frequency or severity of any existing violation of any standard in any area; or 

(d) delay timely attainment of any standard or any required interim emission reductions or 

other milestones in any area including, where applicable, emission levels specified in the applicable SIP for 

purposes of: 

(i) a demonstration of reasonable further progress; 

(ii) a demonstration of attainment; or 

(iii) a maintenance plan; or 

(2) The federal agency must provide documentation that the total of direct and indirect emissions 

from such future actions would be below the emission rates for a conformity determination that are established in 

Subsection B of[2Q.Il.4.12]20.11.4.153 NMAC, based, for example, on similar actions taken over recent years. 

(3) The federal agency must clearly demonstrate that the emissions from the tvoe or category of 

actions and the amount of emissions from the action are included in the aPPlicable SIP or maintenance plan. and the 

state. local or tribal air quality agencies resoonsible for the SIPC's) or TIP(s) provide written concurrence that the 

20.11.4 NMAC 9 
New Mexico Register I Volume XXD, Number 4/ February 28,2011 

emissions from the actions along with all other expected emissions in the area will not exceed the emission budget in 

the SIP. 

H. In addition to meeting the criteria for establishing exemptions set forth ill Paragraphs (I), [91'] (2) 

or (3) of Subsection G of[1Q.I U.l2]20.11.4.153 NMAC, the following procedures must also be complied with to 

presume that activities will conform: 

(I) the federal agency must identify through publication in the federal register its list of proposed 

activities that are ''presumed to conform" and the basis for the presumptions: the notice must clearly identify the 

type and size of the action that would be "presumed to conform" and provide criteria for determining if the type and 

size action qualifies it for the presumptjon; 

(2) the federal agency must notify the EPA region VI office, [tho air ogORe)] state local and tribal air 

agencies, and, where applicable, the agency designated under Section 174 ofthe CAA and the MPO and provide at 

least 30 days for the public to comment on the list of proposed activities "presumed to conform": If the "presumed 

to conform" action has regional or national application (e.g .. the action will cause emission increases in excess of the 

de minimis levels identified in Subsection B of20.11.4.153 NMAC in more than one of EPA's regions). the federal 

agency. as an alternative to sending it to the EPA Region VI Office.. can send the draft confonnitv determination to 

U.S. EPA. office of air quality planning and standards IOAOPSl: 

(3) the federal agency must document its response to all the comments received and make the 

comments, response, and final list of activities available to the public upon request; and 

(4) the federal agency must publish the final list of such activities in the federal register. 

I. ~letv. ithstaneiag the ether reEj:\:lifemeats ef29.1.4 }U 4A:C, wfteft the tetel efdireet &A:d iftEiifeet 

emissieRs efaa~· JJellHHm:t frem a fedefBI aetiea Sees Bet eEfH&l eF eneeeEl tke rates SJieeified ia S\:19seetiea 8, ef 

29.11.4 .12 ~~~4.:\(;. httt reJ3reseats 19 pereeat eF Htere ef a aeR&M:ainHteat er maiRteRanee 8fea's tetel emissieRs ef 

that .Jielhttant, the aetiea is ElefiBeEl as a Fegienelly sigsifie&nt aetiea and the reEj:\:liremeHts ef 29.11.4 .6 ~r~4.t\-C &Bd 

Seetieas 29.11.4 .14 thfeHgft 29.11.4 .19 ~~~~~ .. C shall apJ3ly fer the federal aetiea.] Emissions from the following 

actions are ••presumed to conform"· 

Cll Actions at installations with facility-wide emission budgets meeting the reauirements in Section 

93.161 provided that the state ot tribe has included the emission budget in the EPA-aPProved SIP or maintenance 

plan and the emissions from the action along with all other emissions from the installation will not exceed the 

facility-wide emission budget, 

(2) Prescribed fires conducted in accordance with a smoke management program CSMPl which meets 

the reauirements of EPA's interim air qualitv policy on wildland and prescribed fires or. an eauivalent replacement 

EPA policy. 

(3) Emissions for actions that the state or tribe identifies in the EPA aPProved SIP or TIP as 

••presumed to conform". 

J. [\¥here an aetiea etftep.; ise J3reSHHted te eeafeffft \:lllder S\:19seetiea f ef 19.11.4 .12 ~~~II .. C is a 

regieRally sigAifieant aetiea er Sees Retia Hlet meet efte eftke eflteFia ia PftfBgraJJh (1), efSI:t9seetiea G. ef 

29.11.4.12 ~r~4A-C, that aetiea shall set Be JIFeSHmeEl te eeafeffft and the re:Ef\:IH:emeHts ef29.11.4 .6 ~~~4t'\C and 

Seetieas 29.11.4 .14 threHgh 29.11.4 .19 ~~~II .. C shall apply fer the federal aetiea.] Even though an action would 

otherwise be "presumed to conform" under Subsection For I of20.11.4.153 NMAC. an action shall not be 

"presumed to conform" and the requirements of Section 40 CFR 93.151. Subsection A of 20.11.4.2 NMAC. 

Sections 13 through 19 and Sections 21 through 23 of 20. I 1.4 NMAC shall aPPly to the action if EPA or a third 

partv shows that the action would· 

( ll cause or contribute to any new violation of any standard in any area; 

12) interfere with provisions in the aoolicable SIP or TIP for maintenance of any standard; 

(3) increase the freauency or severity of any existing violation of any standard in any area: or 

(4) delay timely attainment of any standard or any reauired interim emissions reductions or other 

milestones in any area including. where applicable. emission levels soecified in the aoolicable SIP or TIP for 

pumosesof: 

(a) a demonstration of reasonable further progress: 

(bl a demonstration of attainment: or 

(c) a maintenance plan 

K. The provisions of 20.11.4 NMAC shall apply in all nonattainment and maintenance areas exceot 

conform.itv requirements for newly designated nonattainment areas are not applicable until one year after the 

effective date of the final nonattainment desimation for each NAAOS and oollutant in accordance with Section 

1761cX6l of the act. 

[20.11.4.153 NMAC- Rn & A, 20.11.4.12 NMAC, 3/14/11] 

20.11.4 NMAC 10 
New Mexico Register I Volume XXD, Number 4/ February 28, 2011 

[lo.ti,U3]20.11.4.154 [CQl'IF{)RMITY IL"'ALYSIS] FEDERAL AGENCY CONFORMITY 

RESPONSIBILI1Y: Any [fe<ieFal] department, agency, or instrumentality of the federal government taking an 

action subject to [this Fog~<latioa] 20.11.4 NMAC must make its own conformity determination consistent with the 

requirements of [!his FegHiatioa] 20.11.4 NMAC. In making its conformity determination, a federal agency must 

follow the reauirements in Sections 14 through 19 and 21 through 24 of20.11.4 NMAC and must consider 

comments from any interested parties. Where multiple federal agencies have jurisdiction for various aspects of a 

project, a federal agency may choose to adopt the analysis of another federal agency (to the extent the proposed 

action and impacts analyzed are the same as the project for which a conformity determination is required) or develop 

its own analysis in order to make its conformity determination. 

[20.11.4.154 NMAC- Rn & A, 20.11.4.13 NMAC, 3/14/11] 

[lo.tM.I4]20.11.4.155 REPORTING REQUIREMENTS: 

---,-"'A."-...,...,-A federal agency making a conformity determination under [19.11.4.17 ~!MAC] Sections 13 

through 19 and 21 through 23 of20.11.4 NMAC must provide to the EPA Region VI Office, [the air agBRey] state 

and local air agencies. any federally-recognized indian tribal government in the nonattainment or maintenance area 

and, where applicable, affected federal land managers, the agency designated under Section 174 of the CAA and the 

MPO a 30-day notice which describes the proposed action and the federal agency's draft conformity determination 

on the action. [I>mft eenfat=FA:i~ Eietem'liaatieas sftall EieseFibe the magaiRu!e efthe iaeFease fer relevant pelll:ttants 

BHEi tfte settfees (iBeltieting leeatieBs) fer these pelhttBftts as tft~ relate te tfte prepese8 aetieB.] lf the action has 

multi-regional or national impacts (e.g .. the action will cause emission increases in excess of the de minimis levels 

identified in Subsection B of20.11.4.153 NMAC in three or more of EPA's regions), the federal agency, as an 

alternative to sending it to EPA regional offices. can provide the notice to EPA's office of air qualitv planning and 

standards. 

B. A federal agency must notify the EPA Region VI office state and local air agencies. any federallyrecognized indian tribal government in the nonattainment or maintenance area. and. where aoolicable. affected 

federal land managers. the agency designated under Section 174 of the CAA and the MPO, within 30 days after 

making a final conformitv determination under 20. I 1.4 NMAC. 

C. The draft and final conformity determination shall exclude any restricted information or 

confidential business information. The disclosure of restricted information and confidential business information 

shall be controlled by the applicable laws. regulations. security manuals or executive orders concerning the use. 

access. and release of such materials. Subject to aPPlicable orocedures to protect restricted information from public 

disclosure. any information or materials excluded from the draft or final conformity determination or supoorting 

materials may be made available in a restricted information annex to the determination for review by federal and 

state representatives who have received annropriate clearances to review the information. 

[20.1 1.4.155 NMAC- Rn & A, 20.11.4.14 NMAC, 3/14/11] 

[lO,U,US]20.11.4.156 PUBLIC PARTICIPATION: 

A. Upon request by any person regarding a specific federal action, a federal agency must make 

available. subject to the limitation in Subsection E of 20.11.4.156 NMAC. for review its draft conformity 

det.,minat'on un<h.r [l0ollo4.17 ~IMA~]20 II 4 154 NMAC with >liJ'IIOrti"!! materials which de;cribe the 

analytical methods and conclusions relied upon in making the applicability analysis and draft conformity 

determination. [It is a&\ is&Bie fer ageBeies ta RlBim&iB sttffleiea:tly detailed reeertis eftfte aetl:l£1:1 asst:llftJ3tieBs, 

teelmieal Set&:; 8fld &Halyses ':Vftieft leaS te tke eeflfeRBity deteRBiBatieB itt erEier fer iftteresteE1}3arties te eleady 

ttRdeFSt&Hd tfte basis fer the eeBfeFRlity deteRBiBatieB. TRese shall be FBaEie availa9le fer review a~· the air agBRey 

an& ether iBterested }3arties where apprepriate.] 

B. A federal agency must make public its draft conformity determination under [29.11.4.17 ~IMI.C] 

20.11.4.154 NMAC by placing a notice by prominent advertisement in a daily newspaper of general circulation in 

the area affected by the action and by providing 30 days for written public comment prior to taking any formal 

action on the draft determination. This comment period may be concurrent with any other public involvement, such 

as occurs in the NEPA process. If the action has multi-regional or national impacts (e.g .. the action will cause 

emission increases in excess of the de minimis levels identified in Subsection B of20.1 1.4.153 NMAC in three or 

more of EPA's regions). the federal agency. as an alternative to publishing seoarate notices. can publish a notice in 

the federal register. 

C. A federal agency must document its response to all the comments received on its draft conformity 

determination under [29.11.4.17 ~IMAC]20.11.4.!54 NMAC and make the comments and responses available, 

20.11.4 NMAC 11 
New Mexico Register I Volume XXII, Number 4/ February 28, 2011 

subject to the limitation in Subsection E of20.11.4.156 NMAC. upon request by any person regarding a specific 

federal action, within 30 days of the fmal conformity determination. 

D. A federal agency must make public its final conformity determination under [1Q.IIA.17 ~>~Y.C] 

20.11.4.154 NMAC for a federal action by placing a notice by prominent advertisement in a daily newspaper of 

general circulation in the area affected by the action within 30 days of the fmal conformity determination. If the 

action would have multi-regional or national impacts. the federal agency. as an alternative. can publish the notice in 

the federal register. 

E. The draft and fmal conformity determination shall exclude any restricted information or 

confidential business information. The disclosure of restricted information and confidential business information 

shall be controlled by the apolicable laws. regulations or executive orders concerning the release of such materials. 

[20.11.4.156 NMAC • Rn & A, 20.11.4.15 NMAC, 3114111] 

[l9,1l.Ufi]20.11.4.1S7 [FIII:Qlll:l'l(;¥ QF (;Ql'IFQW.IIT¥ DK'R:IUIIII'I/lfiQI'IS] REEVALUATION OF 

CONFORMITY: 

A. Once a conformity evaluation is completed by a federal agency. that determination is not reouired 

to be reevaluated if the agency has maintained a continuous program to implement the action: the determination has 

not laosed as specified in Subsection B of20;!1.4.157 NMAC; or any modification to the action does not result in 

an increase in emissions above the levels specified in Subsection B of20.11.4.153 NMAC. !fa conformity 

detennination is not required for the action at the time NEPA analysis is completed the date of the finding of no 

significant impact lFONSI) for an environmental assessment. a record of decision lRODl for an environmental 

impact statement. or a categorical exclusion determination can be used as a substitute date for the conformitv 

detennination date. 

[A.lli. The conformity status of a federal action automatically lapses [~] five years from the date a fmal 

conformity determination is reported under [2Q.ll.4.14] 20.11.4.155 NMAC, unless the federal action has been 

completed or a continuous program [ilas boOR eeftlHIOReed] to implement [tltal] the federal action [" ilhin a 

•easeBable lime] has been commenced. 

[&]C. Ongoing federal activities at a given site showing continuous progress are not new actions and do 

not require periodic re-determination so long as such activities are within the scope of the final conformity 

determination reported under [2Q.ll.4.14]20.11.4.155 NMAC. 

[C If, aftOF !Ito eeBfeflft~' delefflliBalieB is made, !he fedOFalae!ieB is ehangea sa !ha!!hOFo is an 

ieeFease ie Hie *eHH ef d:iFeet BA:ti ie&ireet eftlissiees &8eve tke le\·els ie StteseetieR 8. ef 2Q.11.4 .12 ~~~11£, a ee·n 

eeRftu=tni~ dehm:sinatieB is FeetttH=ed.] 

D. If the federal agency originally determined through the aoolicability analysis that a conformity 

determination was not necessary because the emissions for the action were below the limits in Subsection B of 

20.11.4.153 NMAC and changes to the action would result in the total emissions from the action being above the 

limits in Subsection B of20.11.4.153 NMAC. then the federal agency must make a conformity determination. 

[20.11.4.157 NMAC • Rn & A, 20.11.4.16 NMAC, 3114/11] 

[l9,li.U;t]20.11.4.1S8 CRITERIA FOR DETERMINING CONFORMITY OF GENERAL FEDERAL 

ACTIONS: 

A. An action required under [2Q.ll.4.12]20.11.4.153 NMAC to have a conformity determination for 

a specific pollutant, will be determined to conform to the applicable SIP if, for each pollutant that exceeds the rates 

in Subsection B of [2Q.ll.4 .12] 20.11.4.153 NMAC, or otherwise requiresa conformity determination due to the 

total of direct and indirect emissions from the action, the action meets the requirements of Subsection C of 

[2Q.ll.4 .17] 20.11.4.158 NMAC, and meets any of the following requirements: 

(I) for any criteria pollutant or orecursor, the total of direct and indirect emissions from the action are 

specifically identified and accounted for in the applicable SIP's attainment or maintenance demonstration or 

reasonable further progress milestone or in a facilitv-wide emission budget included in a SIP accordance with 

20.11.4.161 NMAC; 

(2) for precursors of ozone, or nitrogen dioxide, or PM. the total of direct and indirect emissions from 

the action are fully offset within the same nonattainment or maintenance area (or nearby area of equal or higher' 

classification nrovided the emissions from that area contribute to the violations. or have contributed to violations in 

the past. in the area with the federal action) through a revision to the applicable SIP or a similarly enforceable 

measure that effects emission reductions so that there is no net increase in emissions of that pollutant; 

(3) for any directly-emitted criteria pollutant, [ eneept ei!eRe and Ritregea dieJtide,] the total of direct 

and indirect emissions from the action meet the requirements: 

20.11.4 NMAC 12 
New Mexico Register I Volume XXTI, Number 4/ February 28, 2011 

(a) specified in Subsection B of[2Q.Il.4.1'7]20.11.4.158 NMAC, based on area-wide air 

quality modeling analysis and local air quality modeling analysis; or 

(b) meet the requirements of Paragraph (5) of Subsection A of[2Q.Il.4.17] 20.11.4.158 NMAC 

and, for local air quality modeling analysis, the requirement of Subsection B of[2Q.Il.4.17]20.11.4.158 NMAC. 

(4) For CO or [liM..] directly emitted PM: 

(a) where the air agency primarily responsible for the applicable SIP determines that an areawide air quality modeling analysis is not needed, the total of direct and indirect emissions from the action meet the 

requirements specified in Subsection B of [2Q.I1.4 .1'7]20.11.4.158 NMAC, based on local air quality modeling 

analysis; or 

(b) where the air agency primarily responsible for the applicable SIP determines that an areawide air quality modeling analysis is appropriate and that a local air quality modeling analysis is not needed, the 

total of direct and indirect emissions from the action meet the requirements specified in Subsection B of[2Q.Il.4 17] 

20.11.4.158 NMAC, based on area-wide modeling, or meet the requirements of Paragraph (5) of Subsection A of 

[2Q.Il.4.17]20.11.4.158 NMAC or 

(5) For ozone or nitrogen dioxide, and for purposes of Subparagraph (b) of Paragraph (3) of 

Subsection A of[2Q.Il.4.17]20.11.4.158 NMAC and Subparagraph (b) of Paragraph (4) of Subsection A of 

[2Q.Il.4.12]20.11.4.158 NMAC, each portion of the action or the action as a whole meets any of the following 

requirements: 

(a) Where EPA has approved a revision to [an &fea's attai11:meRt SF maietenanee Elemenst:mtiea 

after 199Q] the aoolicable implementation plan after the area was designated as nonattainment and the state or tribe 

makes a determination as provided in Item (i) of Subparagraph (a) of Paragraph (5) of Subsection A of[2Q.Il.4.17] 

20.11.4.158 NMAC or where the state or tribe makes a commitment as provided in Item {ii) of Subparagraph [fi>t] 

ill} of Paragraph (5) of Subsection A of [2Q.Il.4.17]20.11.4.158 NMAC: 

(i) the total of direct and indirect emissions from the action (or portion thereof) is 

determined and documented by the air agency primarily responsible for the applicable SIP to result in a level of 

emissions which, together with all other emissions in the nonattainment (or maintenance) area, would not exceed the 

emissions budgets specified in the applicable SIP; 

(ii) the total of direct and indirect emissions from the action (or portion thereof) is 

determined by the air agency responsible for the applicable SIP to result in a level of emissions which, together with 

all other emissions in the nonattainment (or maintenance) area, would exceed an emissions budget specified in the 

applicable SIP and the state governor or the governor's designee for SIP actions makes a written commitment to 

EPA which includes the following: I. A specific schedule for adoption and submittal of a revision to the SIP which 

would achieve the needed emission reductions prior to the time emissions from the federal action would occur; 2. 

Identification of specific measures for incorporation into the SIP which would result in a level of emissions which, 

together with all other emissions in the nonattainment or maintenance area, would not exceed any emissions budget 

specified in the applicable SIP; 3. A demonstration that all existing applicable SIP requirements are being 

implemented in the area for the pollutants affected by the federal action, and that local authority to implement 

additional requirements has been fully pursued; 4. A determination that the responsible federal agencies have 

required all reasonable mitigation measures associated with their action; and 5. Written docwnentation including all 

air quality analyses supporting the conformity determination; 

(iii) WI.ere a fede.7.1 agency made a conformity detmnination based on a[-] state's 

or tribe's commitment under Item (i) of Subparagraph (a) of Paragraph (5) of Subsection A of [2Q.II.4.17] 

20.11.4.158 NMAC, and the slate has submitted a SIP or TIP to EPA covering the time period during which the 

emissions will occur or is scheduled to submit such a SIP or TIP within 18 months of the conformity determination, 

[sueft-a] the state commitment is automatically deemed a call for a SIP or TIP revision by EPA under Section 

IIO(k)(5) of the CAA, effective on the date of the federal conformity determination and requiring response within 

18 months or any shorter time within which [a eeftlftlitmeat is HlBEie] the state or tribe commits to revise the 

applicable SIP; 

fiv) Where a federal agency made a conformity detennination based on a state or tribal 

commitment under Item fii) of Subparagraph {a) of Paragraph {5) of Subsection A of 20.11.4.158 NMAC and the 

state or tribe has not submitted a SIP covering the time period when the emissions will occur or is not scheduled to 

submit such a SIP within 18 months of the confonnitv determination. the state or tribe must. within 18 months. 

submit to EPA a revision to the existing SIP committing to include the emissions in the future SIP revision. 

(b) The action (or portion thereof), as detertnined by the MPO, is specifically included in a 

cWTent transportation plan and transportation improvement program which have been found to conform to the 

20.11.4 NMAC 13 
New Mexico Register I Volume XXD, Number 4/ February 28, 2011 

applicable SIP under [10.11.~ ~~~ 4l .. C, 'FranspsFiaHs" Gs~{e~Wiit,·] 40 CFR Part 51. Subpart T. or 40 CFR Part 93, 

Subpart A; 

(c) The action (or portion thereof) fully offsets its emissions within the same nonattainment or 

maintenance area (or nearby area of equal or higher classification provided the emissions from that area contribute 

to the violations, or have contributed to violation in the oast in the area with the federal action) through a revision to 

the applicable SIP or an equally enforceable measure that effects emission reductions equal to or greater than the 

total of direct and indirect emissions from the action so that there is no net increase in emissions ofthat pollutant; 

(d) Where EPA has not approved a revision to the relevant SIP [attainmeat er maiateaaaee 

Semaaswetiea siftee 1999,] since the area was designated or reclassified. the total of direct and indirect emissions 

from the action for the future years (described in Subsection D of[2Q.ll.U8]20.11.4.159 NMAC) do not increase 

emissions with respect to the baseline emissions: 

(i) the baseline emissions reflect the historical activity levels that occurred in the 

geographic area affected by the proposed federal action during: I. [CaiORdar year !99Q] The most current calendar 

year with a complete emission inventorv available before an area is designated unless EPA sets another year. or; 2. 

[The ealeREi&F yeBF that is the basis fer the elassifieetieB (er, ·.vhere the elassifieetien is SaseEI ea m~dHple yeBffij the 

me~ Fef!Fesea~et:i,/e ye~, if a elassifieet:ien is premkllgeteEl in 4 Q CPR PeA: 81] The emission budget in the 

applicable SIP; or 3. The year of the baseline inventory in the PMw applicable SIP; 

(ii) the baseline emissions are the total of direct and indirect emissions calculated for the 

future years (described in Subsection D of[2Q.Il.4.18]20.11.4.159 NMAC) using the historic activity levels 

(described in Item (i) of Subparagraph (d) of Paragraph (5) of Subsection A of[2Q.II.4.17] 20.11.4.158 NMAC) and 

appropriate emission factors for the future years; or 

(e) Where the action involves regional water [<HMI!ef] Q! wastewater projects, such projects are 

sized to meet only the needs of population projections that are in the applicable SIP. 

B. The area-wide [<HMI!ef] or local air quality modeling analyses must: 

(I) meet the requirements in [2Q.Il.4.18]20.11.4.159 NMAC; and 

(2) show that the action does not: 

(a) cause or contribute to any new violation of any standard in any area. or 

(b) increase the frequency or severity of any existing violation of any standard in any area. 

C. Notwithstanding any other requirements of [this seotioa] 20.11.4.158 NMAC, an action subject to 

this regulation may not be determined to conform to the applicable SIP unless the total of direct and indirect 

emissions from the action is in compliance or consistent with all relevant requirements and milestones contained in 

the applicable SIP, such as elements identified as part of the reasonable further progress schedules, assumptions 

specified in the attainment or maintenance demonstration, prohibitions, numerical emission limits, and work practice 

requirements. 

D. Any analyses required under [this seetieR]20.11.4.158 NMAC must be completed, and any 

mitigation requirements necessary for a finding of conformity must be identified before the determination of 

conformity is made. 

[20.11.4.158 NMAC- Rn & A, 20.11.4.17 NMAC, 3/14/11] 

[19.11.4.18]20.11.4.159 PROCEDURES FOR CONFORMITY [DI:'fi!RAW<lJIONS] DETERMINATION 

OF FEDERAL ACfiONS: 

A. The analyses required under [this rogt<latiea] 20.11.4 NMAC must be based on the latest planning 

assumptions. 

(I) All planning assumptions (such as per capita water and sewer use, vehicle miles traveled per 

capita or per household, trip generation per household, vehicle occupancy, household size, vehicle fleet mix, vehicle 

ownership, woodstoves per household, and the geographic distribution of population growth) must be derived from 

the estimates of population, employment, travel, and congestion most recently approved by the MPO, or other 

agency authorized to make such estimates, where available. 

(2) Any revisions to these estimates used as part ofthe conformity determination, including projected 

shifts in geographic location or level of population, employment, travel, and congestion, must be approved by the 

MPO or other agency authorized to make such estimates for the urban area. 

B. The analyses required under [this PaF1]20.11.4 NMAC must be based on the latest and most 

accurate emission estimation techniques available as described below, unless such techniques are inappropriate. If 

such techniques are inappropriate, [aad] the federal agency may obtain written approval [ef] from the [!OAA] 

regional administrator [is eetaiaed] for EPA region VI for [ aay] ~ modification or substitution, [they may ee 

20.11.4 NMAC 14 
New Mexico Register I Volume XXD, Number 4/ February 28,2011 

medifieEiar] Qf another technique [MstituteEI] on a case-by-case basis or, where appropriate, on a generic basis for 

a specific federal agency program. 

(1) For motor vehicle emissions, the most current version of the motor vehicle emissions model 

specified by EPA and available for use in the preparation or revision of the applicable SIP must be used for the 

confonnity analysis as specified in Subparagraph (a) and (b) of Paragraph (I) of Subsection B of[29.II.U8] 

20.11.4.159 NMAC: 

(a) the EPA must publish in the federal Register a notice of availability of any new motor 

vehicle emissions model; and 

(b) a grace period of three months shall apply during which the motor vehicle emissions model 

previously specified by EPA as the most current version may be used unless EPA announces a longer grace period 

in the federal register. Conformity analyses for which the analysis was begun during the grace period or no more 

than [~] three months before the federal register notice of availability of the latest emission model may 

continue to use the previous version of the model specified by EPA. 

(2) For non-motor vehicle sources, including stationary and area source emissions, the latest emission 

factors specified by EPA in the Compilation of Air Pollutant Emission Factors (AP-42, 

http:/lwww.epa.gov/ttn/chiefs/efpac) must be used for the confonnity analysis unless more accurate eroission data 

are available, such as actual stack test data from stationary sources which are part of the conformity analysis. 

C. The air quality modeling analyses required under [lffis FogulotieR]20.11.4 NMAC must be based 

on the applicable air quality models, data bases, and other requirements specified in the most recent version of the 

Guideline on Air Quality Models [(Revise~" (19813), ifielttEiiHg supplemems (EPst\ puhlie&tiaR HB. 4§Q,Q '78 Q1'7R),] 

(Appendix W to 40 CFR Part 51\.unless: 

(I) the guideline techniques are inappropriate, in which case the model may be modified or another 

model substituted on a case·by·case basis or, where appropriate, on a generic basis for a specific federal agency 

program; and 

(2) written approval of the EPA regional administrator is obtained for any modification or 

substitution. 

D. The analyses required under [~is Feg\tiaften eneept Pa~agrapR (l), ef Sli9seetieR A, ef2Q.ll.4 .17 

l#.4A(;,]20.11.4 NMAC, must be based on the total of direct and indirect emissions from the action and must 

reflect emission scenarios that are expected to occur under each of the following cases: 

(1) [the GAa'\ mandated attaiRIReRt ye&F BF, ifapplieaBle, the far.hest) ear fuF wftieft emissiens BFe 

pFejeeted iH the maiBteBanee plaR] The attainment year specified in the SIP. or if the SIP does not specifv an 

attainment year. the latest attainment year oossible under the act or 

(2) the last year for which emissions are orojected in the maintenance plan: 

[~]Q) the year during which the total of direct and indirect emissions from the action is expected to 

be the greatest on an annual basis; and 

[~Jill any year for which the applicable SIP specifies an emissions budget. 

[20.11.4.159 NMAC • Rn & A, 20.11.4.18 NMAC, 3114/11] 

[lQ,U,U9]20.11.4.160 MITIGATION OF AIR QUALITY IMPACTS: 

A. Any measures that are intended to mitigate air quality impacts must be identified (such as the 

identification and quantification or all .:mission reductions :::laimed) 6lhi the process for implementation (such as any 

necessary funding of such measures and tracking of such emission reductions) and enforcement of such measures 

must be described, including an implementation schedule containing explicit timelines for implementation. 

B. Prior to determining that a federal action is in confonnity, the federal agency making the 

conformity determination must obtain written commitments from the appropriate persons or agencies to implement 

any mitigation measures, which are identified as conditions for making conformity determinations. [~ 

eeRUBitmeBts sRall!leseFibe sueR Rlitig&tiaa meQStifes and the s&ttife efthe eeRIHlitffleRts, is a Hl8flflet' eessistent 

with Sl:tbseetiea A ef 1Q.ll.4 .1Q }J~Y:C.] 

C. Persons or agencies voluntarily committing to mitigation measures to facilitate positive 

conformity determinations must comply with the obligations of such commitments. 

D. In instances where the federaJ agency is licensing, permitting or otherwise approving the action of 

another governmental or private entity, approval by the federal agency must be conditioned on the other entity 

meeting the mitigation measures set forth in the conformity determination. 

E. When necessary because of changed circumstances, mitigation measures may be modified so long 

as the new mitigation measures continue to support the conformity determination. Any proposed change in the 

20.11.4 NMAC 15 
New Mexico Register I Volume XXD, Number 4/ February 28, 2011 

mitigation measures is subject to the reporting requirements of [~Q.II.U 4] 20.11.4.155 NMAC and the public 

participation requirements of[~Q.II.U3]20.11.4.157 NMAC. 

F. Written commitments to mitigation measures must be obtained prior to a positive conformity 

determination and such commitments must be fulfilled. 

G. After a state or tribe revises its SIP or TIP and EPA approves that SIP revision. any agreements, 

including mitigation measures, necessary for a conformity determination will be both state or tribal and federally 

enforceable. Enforceability through the applicable SIP or TIP will apply to all persons who agree to mitigate direct 

and indirect emissions associated with a federal action for a conformity determination. 

[20.11.4.160 NMAC • Rn & A, 20.11.4.19 NMAC, 3/14/11] 

20.ll.4.161 CONFORMITY EVALUATION FOR FEDERAL INSTALLATIONS WITH FACILITYWIDE EMISSION BUDGETS: 

A. The state. local or tribal agency responsible for implementing and enforcing the SIP or TIP can in 

cooperation with federal agencies or third parties authorized by the agency that operate installations subject to 

federal oversight develoo and adopt a facility-wide emission budget to be used for demonstrating conformitv under 

Paragraph(!) of Subsection A of20.11.4.158 NMAC. The facilitv-wide budget must meet the following criteria. 

(!) Be for a set time period. 

(2) Cover the oollutants or precursors of the oollutants for which the area is desimated nonattainment 

or maintenance. 

(3) Include specific quantities allowed to be emitted on an annual or seasonal basis. 

( 4) The emissions from the facility along with all other emissions in the area will not exceed the 

emission budget for the area. 

(5) Include specific measures to ensure compliance with the budget. such as oeriodic reporting 

roouirements or compliance demonstration. when the federal agency is taking an action that would otherwise reauire 

a confonnity detennination. 

(6) Be submitted to EPA as a SIP revision. 

(7) The SIP revision must be approved by EPA. 

B. The facilitv-wide budget developed and adopted in accordance with Subsection A of 20.11.4.161 

NMAC can be revised by following the reouirements in Subsection A of 20.11.4.161 NMAC. 

C. Total direct and indirect emissions from federal actions in conjunction with all other emissions 

subject to general conformitv from the facilitv that do not exceed the facilitv budget adopted pursuant to Subsection 

A of20.11.4.161 NMAC are "presumed to conform" to the SIP and do not require a conformitv analysis. 

D. If the total direct and indirect emissions from the federal actions in conjunction with the other 

emissions subject to general conformity from the facility exceed the budget adopted pursuant to Subsection A of 

20.11.4.161 NMAC, the action must be evaluated for conformitv. A federal agency can use the compliance with the 

facility-wide emissions budget as oart of the demonstration of conformity. i.e .. the agency would have to mitigate or 

offset the emissions that exceed the emission budget. 

E. If the SIP for the area includes a category for construction emissions. the negotiated budget can 

exempt construction emissions from further confonnity analysis. 

[20.11.4.161 NMAC- N, 3/14/11] 

20.U.4.162 EMISSIONS BEYOND THE TIME PERIOD COVERED BY THE SIP; !fa federal action 

would result in total direct and indirect emissions above the aAAlicable thresholds which would be emitted beyond 

the time period covered by the SIP, the federal agency can: 

A. demonstrate conformity with the last emission budget in the SIP: or 

B. request the state or tribe to adopt an emissions budget for the action for inclusion in the SIP. The 

state or tribe must submit a SIP or TIP revision to EPA within 18 months either including the emissions in the 

existing SIP or establishing an enforceable cominitment to include the emissions in future SIP revisions based on the 

latest planning assumptions at the time of the SIP revision: no such commitment by a state or tribe shall restrict a 

state's or tribe's abilitv to roouire RACT RACM or any other control measures within the state's or tribe's authority 

to ensure timely attainment of the NAAOS. 

[20.11.4.162 NMAC- N, 3/14/11] 

20.U.4.163 TIMING OF OFFSETS AND MITIGATION MEASVRES: 

20.11.4 NMAC 16 
New Mexico Register I Volume XXII, Number 4 I February 28, 20ll 

A. The emissions reductions from an offset or mitigation measure used to demonstrate conformitv 

must occur during the same calendar year as the emission increases from the action exceot. as provided in 

Subsection B of20.11.4.163 NMAC 

B. The state or tribe may approve emissions reductions in other years provided: 

(I) The reductions are greater than the emission increases by the following ratios: 

(a) extreme nonattainment areas: 1.5:1 

(b) severe nonattainment areas: 1.3: 1 

(cl serious nonattainment areas: 1.2:1 · 

ldl moderate nonattainment areas: 1.15:1 

lel all other areas: I I: I. 

(2) The time period for completing the emissions reductions must not exceed twice the period of the 

emissions. 

(3l The offset or mitigation measure with emissions reductions in another year will not: 

(a) cause or contribute to a new violation of any air quality standard; 

fb) increase the frequency or severity of any existing violation of any air qualitv standard: or 

(c) delay the timely attainment of any standard or any interim emissions reductions or other 

milestones in any area. 

C. The aoomval by the state or tribe of an offset or mitigation measure with emissions reductions in 

another year does not relieve the state or tribe of any obligation to meet any SIP or CAA milestone or deadline. The 

aooroval of an alternate schedule for mitigation measures is at the discretion of the state or tribe. and they are not 

recuired to approve an alternate schedule. 

[20.11.4.163 NMAC- N, 3114111] 

20.11.4.164 INTER-PRECURSOR MITIGATION MEASURES AND OFFSETS: Federal agencies must 

reduce the same tvoe oollutant as being increased by the federal action except the state or tribe may approve offsets 

or mitigation measures of different precursors of the same criteria pollutant. if such trades are allowed by a state or 

tribe in a SIP or TIP approved new source review regulation. is technically justified. and has a demonstrated 

environmental benefit. 

[20.11.4.164 NMAC- N, 3114111] 

20.11.4.165 EARLY EMISSION REDUCTION CREDIT PRQGRAMS AT FEDERAL FACILITIES 

AND INSTALLATION SUBJECT TO fEDERAL OVERSIGHT: 

A. Federal facilities and installations subject to federal oversight can. with the aooroval ofthe state or 

tribal agency responsible for the SIP or TIP in that area create an early emissions reductions credit program. The 

federal agency can create the emission reduction credits in accordance with the reauirements in Subsection B of 

20.11.4.165 NMAC and can used them in accordance with Subsection C of20.11.4 165 NMAC. 

B. Creation of emission reduction credits. 

( 1) Emissions reductions must be quantifiable through the use of standard emission factors or 

measurement techniques. If non-standard factors or techniques to quantify the emissions reductions are used the 

federal agency must receive aooroval from the state or tribal agency resoonsible for the implementation of the SIP or 

TIP and from EPA's Ro;gion VI Office. The emission reduction cM!ito do not have to be quanti lie.! before the 

reduction strategy is implemented. but must be quantified before the credits are used in the general conformitv 

evaluation. 

(2) The emission reduction methods must be consistent with the applicable SIP or TIP attainment and 

reasonable further progress demonstrations. 

(3) The emissions reductions cannot be required by or credited to other applicable SIP or TIP 

proyisions. 

I 4) Both the state or tribe and federal air gualitv agencies must be able to take legal action to ensure 

continued implementation of the emission reduction strategy. In addition. private citizens must also be able to 

initiate action to ensure compliance with the control reauirement. 

(5) The emissions reductions must be nermanent or the timeframe for the reductions must be 

specified. 

( 6) The federal agency must document the emissions reductions and provide a copy of the document 

to the state or tribal air qualitv agency and the EPA region VI office for review. The documentation must include a 

detailed description of the emission reduction strategy and a discussion of how it meets the requirements of 

Paragraphs(!) through (5) of Subsection B of20.11.4.165 NMAC. 

20.11.4 NMAC 17 
New Mexico Register I Volume XXII, Number 4 I February 28, 2011 

C. Use of emission reduction credits. The emission reduction credits created in accordance with 

Subsection B of 20.11.4.165 NMAC can be used. subject to the following limitations. to reduce the emissions 

increase from a federal action at the facilitv for the conformity evaluation. 

( ll If the technique used to create the emission reduction is implemented at the same facility as the 

federal action and could have occurred in conjunction with the federal action. then the credits can be used to reduce 

the total direct and indirect emissions used to determine the aoolicabilitv of the regulation as required in 20.11.4.153 

NMAC and as offsets or mitigation measures reouired by 20.11.4.158 NMAC. 

(2) If the technique used to create the emission reduction is not implemented at the same facility as 

the federal action or could not have occurred in conjunction with the federal action. then the credits cannot be used 

to reduce the total direct and indirect emissions used to determine the aoolicabilitv of the regulation as required in 

20.11.4.153 NMAC. but can be used to offset or mitigate the emissions as reouired by 20.11.4.158 NMAC. 

(3) Emissions reductions credits must be used in the same vear in which they are generated. 

( 4) Once the emission reduction credits are used. they cannot be used as credits for another 

confonnitv evaluation. However. unused credits from a strategy used for one confonnitv evaluation can be used for 

another confonnitv evaluation as long as the reduction credits are not double counted. 

(5) Federal agencies must notifv the state or tribal air quality agency resnonsible for the 

implementation of the SIP or TIP and the EPA region VI office when the emission reduction credits are being used. 

[20.11.4.165 NMAC- N, 3114111] 

20.11.4 NMAC 18 
ATTACHMENT C 

Attachment Cis a copy of the Notice of Intent to testifY, including exhibits, filed on January 25, 2011 
BEFORE THE ALBUQUERQUE-BERNALILLO COUNTY 

AIR QUALITY CONTROL BOARD 

""' IN THE MATTER OF THE PETITION TO AMEND 20.ll.4 NMAC, GENERAL :x 

CONFORMITY, AND INCORPORATE SAID AMENDMENTS INTO THE NEW ·"2 

MEXICO STATE IMPLEMENTATION PLAN (SIP) FOR AIR QUALITY (._ ~ 

r.> 

AQCB Petition No. 2010-5 'S 

Air Quality Division, 

Environmental Health Department 

City of Albuquerque, Petitioner 

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 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 of New Mexico; A.A.S. Criminal Justice, Central New Mexico 

Community College; A.A.S. Environmental Protection Technology, CNM; WERC Waste 

g 

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r,n 

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Management Certificate, UNM Chemical & Nuclear Engineering Department. Employed by the 

City of Albuquerque's Environmental Health Department for 13 +years; the last nine of which 

have been in the Air Quality Division. Chief responsibility is the promulgation of air quality 

regulations for implementation within the County of Bernalillo. 

Notice of Intent Page I of 4 
3. Summary and Estimated Duration of Testimony 

Mr. Butt's written testimony is attached as AQD Exhibit# 4. Mr. Butt will testify that 

this revision to the SIP should be approved. 

Amendments to 20. I 1.4 NMAC, General C01iformity are proposed due to the fact that on 

March 24, 20 I 0, the EPA revised their General Conformity Rule, which became effective on 

July6, 2010 [FR Vol. 75, No. 64, 17254-79, 4/5/10]. In response, and as required by EPA, the 

Air Quality Division (AQD) of the City of Albuquerque's Environmental Health Department is 

proposing amendments to the current Air Quality Control Board regulation, 20.11.4 NMAC, 

General C01iformity in order to comply to this recent federal rule change. 

General conformity is an important provision of the Clean Air Act Amendments of 1990 (Act). 

Section 176(c) of the Act clearly illustrates the intent of Congress with respect to this program by 

explicitly requiring federal actions to conform to the applicable State Implementation Plan (SIP), 

and defines a conforming state action as one that does not: 1) cause or contribute to a new 

violation of any health-based air quality standard in any area; 2) increase the severity or 

frequency of an existing violation of any standard in any area; or 3) delay timely attainment of 

any standard, required interim emission reduction or other milestone in any area. 

The intent of the Act's General Conformity provision is to encourage a process where federal 

agencies would work with their counterparts at the state and local levels to coordinate review of 

projects whose air quality impacts are real, but which do not fit neatly into the stationary source 

"box," where applicable processes and requirements are more well-defined. Examples of 

covered actions include airport construction or expansion. 

Notice of Intent Page 2 of 4 
4. Text of Recommended Revisions to the New Mexico State Implementation Plan 

The Division recommends adoption of the proposed amendments to 20.11.4 

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

#I a, which is attached to the Petition to Amend, filed November 19, 2010, shown as AQD 

Exhibit# I. 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 Title of Exhibit 

AQD Exhibit # I Petition to Amend 20.11.4 NMAC, General Conformity 

AQD Exhibit# I a Public Review Draft 20.11.4 NMAC, General Conformity (attached to 

AQD Exhibit I} 

AQD Exhibits# 2a!b/c 

Notice of Proposed Rulemaking: Albuquerque Journal, 12/12/10 {2a}; 

NM Register 12/30/10 {2b}; and the Air Quality Announce List Serve 

12/10/10 {2c} 

AQD Exhibits # 3a!b/c 

AQD Exhibit# 4 

AQD Exhibit # 5 

Comments Received from EPA, 10/7/10 {3a}; Comments Received from 

KAFB ll/10/10 (3b};andAQD'sResponsetoKAFB Il/19/10, {3c} 

Direct Testimony 

Draft Agenda 

6. Reservation of Rights 

This Notice of Intent 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 

Notice of Intent Page 3 of 4 
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. 

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 January 25, 2011, an original and nine copies of this Notice of Intent to 

present technical testimony (NOI), with attached exhibits were delivered to the following person 

for filing. 

Janice Wright 

Air Quality Control Board Liaison I Hearing Clerk 

Environmental Health Department 

One Civic Plaza, NW, Room 3023 

Albuquerque, New Mexico 87103 

And that on January 25, 2011, a copy of this NOI with attached exhibits was sent to the Attorney 

for the Board, Bill Grantham, at the following e-~nrn~w 

Neal Butt 

Environmental Health Scientist 

Air Quality Division 

Environmental Health Department 

Notice of Intent Page 4 of 4 

·~~ . ,·. ': ~--;\~~· 

. ' ... ~ . 

. . ~.·· . \ ... ~ .. . . . . 'I . ; . I ' 

AQD Ex. #1-Petition to Amend 20.11 .4 

NMAC, General Conformity, Ex. #1a-Publlc 

Review Draft 20.11 .4 NMAC, General 

Conformity 

AQD Ex. #2a-ABQ Journal Legal Ad 

(12-12-10), #2b-New Mexico Register Legal 

Ad (12-30-1 0), #2c-Legal Ad Sent to 

ListServe (12-10-10) 

AQD Ex. #3a-Comments Received from 

EPA (10-7-10), #3b-Comments Received 

from KAFB (11-10-10), #3c-AQO's 

Response to KAFB (11-19-10) 

AQO Ex. #4-Direct Testimony 

AQD Ex. #5-2-9-11 Draft Agenda 
ALBUQUERQUE-BERNALILLO COUNTY 

AIR QUALITY CONTROL BOARD 

:> 

-

_J 

IN THE MATTER OF THE PETITION TO AMEND 20.11.4 NMAC, GENERAL 

CONFORMITY, AND INCORPORATE SAID AMENDMENTS INTO THE NE:W 

MEXICO STATE IMPLEMENTATION PLAN FOR AIR QUALITY(SIP) C 

Air Quality Division, 

Environmental Health Department, 

City of Albuquerque, Petitioner 

AQCB Petition No. 2010-5 

n 

'(__. 

Petition to Amend 20.11.4 NMAC, General Conformity, and Incorporate an 

Amended 20.11.4 NMAC into the New Mexico State Implementation Plan for Air 

Quality (SIP) 

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) for a hearing at which the Air Board will hear the Air 

Quality Divisions' request to adopt amendments to 20.11.4 NMAC, General Conformity, 

and submit said amendments to U.S. Environmental 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. As grounds, 

Petitioner states the following: 

1. The New Mexico Air Quality Control Act (Air Act), NMSA 1978, Sections 

74-2-4 and 74-2-5.B(I) [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.B(2). 
2. On March 24, 2010, the EPA revised their General Conformity Rule, which 

became effective on July 6, 2010 [FR Vol. 75, No. 64, 17254-79, 4/5/10]. In response, 

the Air Quality Division (AQD) of the City of Albuquerque's Environmental Health 

Department, is proposing amendments to the current Air Quality Control Board 

regulation, 20.11.4 NMAC, General Conformity in order to conform to these recent 

federal rule changes. 

General conformity is an important provision of the Clean Air Act Amendments of 1990 

(Act). Section 176(c) of the Act clearly illustrates the intent of Congress with respect to 

this program by explicitly requiring federal actions to conform to the applicable State 

Implementation Plan (SIP), and defines a conforming state action as one that does not: I) 

cause or contribute to a new violation of any health-based air quality standard in any 

area; 2) increase the severity or frequency of an existing violation of any standard in any 

area; or 3) delay timely attainment of any standard, required interim emission reduction 

or other milestone in any area. 

The intent of the Act's General Conformity provision is to encourage a process where 

federal agencies would work with their counterparts at the state and local levels to 

coordinate review of projects whose air quality impacts are real, but which do not fit 

neatly into the stationary source "box," where applicable processes and requirements are 

more well-defined. Examples of covered actions include airport construction or 

expansion. 

2 
3. It is anticipated that the hearing will take approximately 1 hour or less. 

4. The proposed Public Review Draft of 20.11.4 NMAC, General Conformity is 

attached as Exhibit #1a. 

CERTIFICATION 

Respectfully submitted, 

M;tfy u eonard 

Dl.reo or, Environmental Health Department 

City of Albuquerque 

One Civic Plaza, NW, Room 3047 

Albuquerque, New Mexico 87103 

(505) 768-1965 

I hereby certify that a copy of this Petition to Amend 20.11.4 NMAC, General 

Conformity, and Incorporate said amendments into the New Mexico State 

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

November 19,2010. 

Janice Wright 

Air Quality Control Board Liaison 

Environmental Health Department 

One Civic Plaza, NW, Room 3023 

Albuquerque, New Mexico 87103 

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TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 11 

PART4 

ALBUQUERQUE- BERNALILLO COUNTY AIR QUALITY CONTROL BOAR;J> 

GENERAL CONFORMITY ) 

20.11.4.1 ISSUING AGENCY: Albuquerque- Bernalillo County Air Quality Control Board. P.e>. Box 

1293, Albuquerque, NM 87103. Telephone: (505)[798 2900] 768-260 I. 

[12/16/94 ... 12/1/95; 20.11.4.1 NMAC ~ Rn, 20 NMAC 11.04.1.1, 10/1/02] 

20.11.4.2 SCOPE: '1 

[A.] The provisions of [this PaR] 20.11 .4 NMAC shall apply in all nonattainment and maintehance 

areas of and within Bernalillo county. ~ (' 

A. Prohibition: Pursuant to 40CFR 93.150: V 

{l) No de.partment. agency or instrumentality of the federal government shall engage in, support in 

any way or provide financial assistance for, license or permit, or approve any activity tMt does not conform to an 

aoolicable implementation plan or maintenance plan. 

(2) A federal agency must make a determination that a federal action conforms to the aoolicable 

implementation plan or maintenance plan in accordance with the requirements of20.11.4 NMAC before the action 

is taken. 

(3) Reserved. 

( 4) Notwithstanding any provision of 20.11.4 NMAC. a determination that an action is in 

conformance with the applicable implementation plan or maintenance plan does not exempt the action from any 

other requirements of the applicable implementation plan or maintenance plap. the NEPA or the Clean Air Act 

(CAA).{20.ll.4.6.A-D NMAC} 

(5) If an action would result in emissions originating in more than one nonattainment or maintenance 

area. the conformity must be evaluated for each area separately. {4/5/ lO FR re: 40 CFR 93.150} 

B. Exempt: [This Part] 20.11.4 NMAC does not apply to sources within Bernalillo county, which 

are located on Indian lands over which the Albuquerque - Bernalillo county air quality control board lacks 

jurisdiction. 

[12116/94 ... 12/1/95; 20.11.4.2 NMAC ~ Rn, 20 NMAC 11.04.1.2, 10/1/02] 

20.11.4.3 STATUTORY AUTHORITY: [This Patt]20.11.4 NMAC is adopted pursuant to the authority 

provided in the New Mexico Air Quality Control Act, NMSA 1978 74-2-4, 74-2-5.C; the Joint Air Quality Control 

Board Ordinance, Bernalillo County Ordinance 94-5 4; and the Joint Air Quality Control Board Ordinance, Revised 

Ordinances of Albuquerque 1994 9-5-1-4. 

[12/16/94 ... 12/1/95; 20.11.4.3 NMAC ~ Rn, 20 NMAC 11.04.1.3, 1011/02] 

20.11.4.4 DURATION: Permanent. 

[12/1/95; 20.11.4.4 NMAC ~ Rn, 20 NMAC 11.04.1.4, 10/1102] 

20.11.4.5 EFFECTIVE DATE: December 1, 1995, unless a later date is cited at the end of a section. 

[1211/95; 20.11.4.5 NMAC- Rn, 20 NMAC 11.04.1.5 & A, l0/1/02] 

20.11.4.6 OBJECTIVE: [The e9jeetive efthis Part is] To implement Section I76(c) of the Clean Air Act 

(CAA), as amended (42 U.S. C. 7401 et seq.) and [Fegulatiennaaer 40 CFR ParOl Subf)art W] the related 

requirements of 23 U.S.C. 1 09(j), with respect to the conformity of [geReFal feaeFal aetieas te the ltflfllieaele 

i1HJ3lementatien Jllan] transportation plans. programs, and projects which are developed, funded. or approved by the 

United States Department of Transportation (DOT), and by metropolitan planning organizations fMPOs) or other 

recipients of funds under Title 23 U.S. C. or the Federal Transit Laws (49 U.S.C. Chapter 53). This rule sets forth 

policy, criteria, and procedures for demonstrating and assuring conformity of [geHeflll fedeflll aetieHs] such activities 

to[~] an applicable implementation plan developed pursuant to Section 110 and Part D of the CAA. {40 CFR 

93.100} 

[Under these aHiherities: 

A. Ne de~ar@HeRt, ageRe~· er instmmeatalit-y ef tlte feeeFal geYemmeRt saall engage iR, SQJ)~8Ft lR 

aay way er ~revide linaneial assistanee fer, liseRBe er JleRBit, er ltflflF8\~ llRY aeti\r.i~·, ·.vhieh dees Bat eenferm te aa 

af)~lieaele im~lemeatatiea plaa. 

20.11.4 NMAC KAA I Stalutllshle• Public Review Draft Wi:IOJlQ 11119/10 
I B, A feBend ageaey fffiiSt malEe a Betefmiaatiaa tkat a fe~eral aetiea eeafaFmS te tke BflplieaBle 

2 imf!lemeatatiea fllaa iR aeeeftianee witk the reEJ:airemeRt:s ef this sl!BfJaft Befere the aetiea is tal(eH. 

3 C. ~aBseetiaa Q. ef1Q.ll.1.ti ~~4t\C Bees aet iaehule federal aetiellS wHere either: 

4 (1) A ~latieaal Bavirenmeatal Peliey Aet (}lBPl\) analysis was eefBfJleteB as evideaeed by a: 

5 Ea) Yiaal eavireamestal assessment (HA); 

6 EB) EavirenmeRtal iRlfJaet statemeat CElS), er; 

7 Ee) l"iadiag efaa sigaifieant imfJaet CYO~JSI) ~twas Jlrepared f!rier ta JaRt:HlfY 31, 1991; 

8 (2) OF: 

9 Ea) Prier te JaRl:I:ElfY 31, 1991, aa BA was eammeaeeQ era eaatFaet was a-..·;arQeQ ta Qel,relap tHe 

10 speeiHe BH\ iranmeatal aaalysis; 

11 (b) SlifiieieHt eavifBam8RtaJ aaalysis is eample~ei By AfaFeh 1 §, 1994 se fRat tlie ieSSFal 

12 ageae~· may BeteffRiRe that the feQeral aetiaa is iR eeafeABi~· ·.vitA the SfleeiHe reEJ:l:liremeRts and tHe flt:UJ'B&es af the 

13 Bflt:~lieable state lmfllemeatatiaa Plaa (SIP) f:ll:lFSttant te tHe ageRey's aft'H:mative ebligatiea l:lREler seetiea l?(;(e) ef 

14 tHe CleaR J\ir l'zet; aRB 

15 (e) A wflttea deteRRinatiea ef eeafeFHli~· ueBer seetiea 17(;(e) ef l:Re CA/\ has BeeR made By 

16 the federal ageaey respensiBle far tHe federal aetiea By ~fareh lj, 1991. 

17 D, :t>let:vlithstandiag any previsiea ef this PaR, a detefmiRatiea that 8:11 aetiea is is eeafeRBaaee witH 

18 the appliea81e iffil)lemeBtatiea fllan Sees aet enempt the aetiea frem aBy ether reEJ:l:liremeats ef the at~fllieallle 

19 ifll!llemeelaliee l'laa, the ~leP/\, eF the CAA.] {moved to 20.11.4.2.A NMAC} 

20 [ 12/16/94 ... 12/1/95; 20.11.4.6 NMAC- Rn, 20 NMAC 11.04.1.6, 10/1/02] 

21 

22 20.11.4.7 DEFINITIONS: Terms used but not defined in [Yiis Paft] 20.11.4 NMAC shall have the meaning 

23 given them by the CAA and EPA's regulations, ( 40 CFR Chapter 1), in that order of priority. In addition to the 

24 defmitions in 20.11.4.7 NMAC the definitions in 20.11.1.7 NMAC apply unless there is a conflict between 

25 defmitions, in which case the definition in [t8is Paft] 20.11.4 NMAC shall govern. 

26 A. ~Affected federal land manager" means the federal agency or the federal official charged with 

27 direct responsibility for management of an area designated as Class I under the CAA (42 U.S.C. 7472) that is 

28 located within I 00 km of the proposed federal action. 

29 B. "Air agency" means the [AiF Pellllliee Cee!Fel bli,•isiee (A.°Cbl)] Air Quality Division CAODl of 

30 the city of Albuquerque environmental health department (EHD). The EHD, or its successor agency or authority, as 

31 represented by the department director or his/her designee, is the lead air quality planning agency for the 

32 Albuquerque - Bernalillo county nonanainmentlmaintenance area. The EHD serves as staff to the Albuquerque -

33 Bernalillo county (ABC) air quality control board (AQCB), also referred to as the ABC/ AQCB, and is responsible 

34 for implementing AQCB regulations. 

35 C. "Applicability analysis" [meaas the eat:ly EJ:l:laatif.ieatiea anB evalaatiea Bw=ing the eeafermity 

36 flreeess ''rbere yearly Efl:lB:Iltities ef eFitet=ia flBll\ltBflts are ealel:llated te deteffflifte if the thresRelds ef 19.11.4 .11 

37 ~~fAG aFe mel.] is the process of determining if a federal action must be supported by a conformity determination. 

38 D. ~Applicable implementation plan" or "applicable state implementation plan" or "applicable 

39 SIP" means the portion (or portions) of the SIP or most recent revision thereof, which has been approved under 

40 Section [.J-1.()] I IO(k) of the CAA, [eF] a federal implementation plan (FIP) promulgated under Section IIO(c) of the 

41 CAA [(feaeFal ifll!llemeetatiee l'laa)], or a plan promulgated or approved pursuant to [Feg>tlaliees I'Fem•llgalea 

42 .....!eF] Section 30l(d) of the CAA (tribal implementation plan or TIP) and which implements the relevant 

43 requirements of the CAA. 

44 E. "'Area-wide air quality [monitoring) modeling analysis" means an assessment on a scale that 

45 includes the entire nonanainment or maintenance area [•Nhie8 .. ses] using an air quality dispersion model or 

46 photochemical grid model to determine the effects of emissions on air quality_. for example. an assessment using 

47 EPA's community multiscale air quality (CMAOl modeling system. 

48 F. "Cause or contribute to a new violation" means a federal action that: 

49 (I) Causes a new violation of a national ambient air quality standard (NAAQS) at a location in a 

50 nonanainment or maintenance area which would otherwise not be in violation of the standard during the future 

51 period in question if the federal action were not taken; or 

52 (2) Contributes, in conjunction with other reasonably foreseeable actions, to a new violation of a 

53 NAAQS at a location in a nonattainment or maintenance area in a manner that would increase the frequency or 

54 severity of the new violation. 

55 G. "'Caused by" as used in the terms :_:direct emissions:, and :,:indirect emissions: means emissions 

56 that would not otherwise occur in the absence of the federal action. 

20.11.4 NMAC iiPI.. / i•ahilulllu ~Review Draft 9/iJQ'lQ 11119/10 2 
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H. "Confidential business information" or "CBI" means information that has been determined by 

a federal agency. in accordance with its applicable regulations. to be a trade secret. or commercial or financial 

information obtained from a person and privileged or confidential and it is exempt from required disclosure under 

the Freedom oflnfonnation Act (5 U.S.C.552(b)(4\l. 

I. ••conformity determination" means the evaluation (made after an aoolicabihtv analysis is 

completed) that a federal action conforms to the anolicable implementation plan or maintenance plan and meets the 

requirements of20.11.4 NMAC. 

J. ~•conformity evaluation" means the entire process from the applicabilitv analysis through the 

conformity determination that is used to demonstrate that the federal action conforms to the requirements of 20.11.4 

NMAC. 

K. ''Continuing program responsibiUty" means a federal agency has responsibility for emissions 

caused by: 

( 1l Actions it takes itself; or 

(2) Actions of non-federal entities that the federal agency. in exercising its normal programs and 

authorities. approves. funds. licenses or permits. provided the agency can impose conditions on any portion of the 

action that could affect the emissions. 

L. "Continuous orogram to implement" means that the federal agency has started the action 

identified in the plan and does not stop the actions for more than an 18-month period. unless it can demonstrate that 

such a stoooage was included in the original plan. 

(H.(M., ~criteria pollutant or standard" means any pollutant for which there is established a NAAQS at 

40 CFR Part 50. 

(L.JN. "Direct emissions" means those emissions of a criteria pollutant or its precursors that are caused 

or initiated by the federal action and originate in a nonattainment or maintenance area and occur at the same time 

and place as the action and are reasonably foreseeable. 

(.J.]O. ~Emergency" means a situation where extremely quick action on the part of the federal agencies 

involved is needed and where the timing of such federal activities makes it impractical to meet the requirements of 

[1his !'aft] 20.11.4 NMAC, such as natural disasters like hurricanes or earthquakes, civil disturbances such as 

terrorist acts, and military mobilizations such as assembling and organizing troops and materiel for the defense of a 

nation in time of war or national emergency. 

(.K.]P. ~Emissions budgets" are those portions of the applicable SIP's projected emissions inventories 

that describe the levels of emissions (mobile, stationary, area, etc.) that provide for meeting reasonable further 

progress milestones, attainment, [at'Kifet:] or maintenance for any criteria pollutant or its precursors. 

0. "Emissions inventorv" means a listing of information on the location. tvoe of source. type and 

quantity of pollutant emitted as well as other parameters of the emissions. 

[b]R. ~Emissions offsets" for purposes of [2Q.ll.Ci] 20.11.4.158 NMAC are emissions reductions 

which are quantifiable, consistent with the applicable SIP attainment and reasonable further progress 

demonstrations, surplus to reductions required by, and credited to, other applicable SIP provisions, enforceable at 

both the state and federal levels, and permanent within the timeframe specified by the program. 

[M.]S. ~Emissions that a federal agency has a continuing program responsibility for" means 

emissions that are specifically caused by an agency carrying out its authorities, and does not include emissions that 

occur due to subsequent activities, unless such activities are required by the federal agency. Where an agency, in 

performing its normal program responsibilities, takes actions itself or imposes conditions that result in air pollutant 

emissions by a non-federal entity taking subsequent actions, such emissions are covered by the meaning of a 

continuing program responsibility. 

[l'!.]T. ~Federal action" means any activity engaged in by a department, agency, or instrumentality of 

the federal government, or any activity that a department, agency or instrumentality of the federal government 

supports in any way, provides financial assistance for, licenses, permits, or approves, other than activities related to 

transportation plans, programs, and projects developed, funded, or approved under Title 23 U.S.C. or the federal 

Transit Act (49 U.S.C. 1601 et seq.). Where the federal action is a permit, license, or other approval for some aspect 

of a non-federal undertaking, the relevant activity is the part, portion, or phase or the non-federal undertaking that 

requires the federal permit, license, or approval. 

[O.]U. ~Federal agency" means a federal department, agency, or instrumentality of the federal 

government. 

(.Jl.]V. ~Increase the frequency or severity of any existing violation of any standard in any area" 

means to cause a nonattainment area to exceed a standard more often or to cause a violation at a greater 

20.11.4 NMAC ~p • '~talii!k&llli!rl~J..h.W! Review Draft O'lQ'lQ 11/19/10 3 
1 concentration than previously existed [i~~Mlief] or would otherwise exist during the future period in question, if the 

2 project were not implemented. 

3 [Q.[W. "Indirect emissions" 

4 ill means those emissions of a criteria pollutant or its precursors: [tl!atf] 

5 [fB] ill that are caused or initiated by the federal action [eHt may aeeiH' later ia lime aail/ar may be 

6 faRBer remaveB ia Sistaa.se Hem the astian itselflntt] and originate in the same nonattainment or maintenance area 

7 but occur at a different time or place as the action; 

8 .(hl that are [!!Iii!] reasonably foreseeable; [aBEl] 

9 [~] 1£1 that the [federal] agency can practicably control; and 

10 [will maiatais seatrel B\'BF due tea seatiallisg J3Fegram resJ3eRsiBility eftRe federal agene~· ieehulisg, 8H:t set 

11 limited te: 

12 (a) traiiie as er te, er stimu:lated by, a J3FBfJBsed faeilifj· w.ftieft is related te itu1reases er ather 

13 ehanges is the seale er timiag efeJ3eFatieas efsueR faeiliey: 

14 (B) emissiens related te the aetivikes ef emple) ees af eeat:FaetefS er ~Beral Blllflleyees sueR as 

15 empleyee weFlE B=i13s; 

16 (e) emissiens related ta emJ:llayee 6BR11Bl:lting anEl similar J:lragFams ta iRGrease average 

17 B66l:IJ3B:R6Y impesed an all emJ:lleyers afa 6ertaiR size in the leGality; 

18 (8) eRHssiaas related ta the 1:1se af fe8eFal fa6ilities Hnder lease ar temftaraf)' peRHit; 

19 (e) emissieM related ta the a6tivities ef 6BRtFa6ters ar leasehel8ers that ma:,· Be addf"essed By 

20 f'revisians tHat are l:lsl:la:l aa8 61:l8tamary fer 6eRtra6ts er leases ar witbia the s6ape ef 6eBtra6ftlal prate6tiea ef tRe 

21 interests af tRe UaiteEl States; aad 

22 (B fugiti,•e i!Hst !ram dirt Faails ar aislllreed sail.] 

23 (d) for which the agency has continuing program responsibility. 

24 (2) For the pumoses of this definition. even if a federal licensing. rulemaking or other approving 

25 action is a required initial step for a subsequent activitv that causes emissions such initial steps do not mean that a 

26 federal agency can practically control any resulting emissions. ' 

27 [lb[X. "Local air quality modeling analysis" means an assessment of localized impacts on a scale 

28 smaller than the entire nonattainment or maintenance area, including, for example, congested [raaElway iaterseGtians 

29 aad highways ar traasit termi&als] roadways on a federal facility. which uses an air quality dispersion model....kb 

30 industrial source complex model or emission and dispersion model system). to determine the effects of emissions on 

31 air quality. 

32 [S..JY. "Maintenance area" means an area that was designated as nonattainment and has been re33 designated in 40 CFR Part 81 to attainment. meeting the provisions of Section 107(d)(3)(El of the CAA and has 

34 [with] a maintenance plan approved under Section 175A of the CAA. 

35 [l'.[Z. "Maintenance plan" means a revision to the applicable SIP, meeting the requirements of Section 

36 175A of the CAA 

37 [ti.)AA. "Metropolitan planning organization"!!!: "MPO" [is that argaai~atiao aesigaatea as eeiag 

38 resf3ens~le, tege~er v.'it.R tRe state, fer 6BBEIH6tiag the 6aRtiRl:liRg, 6BBf'BFatiYe, and GampreheesiYe plar.-Bing ~ 

39 HAder 2J U.S.C. IJ4 all<i 49 U.S.C. 16Q7] means the policy board of an organization created as a result of the 

40 designation process in 23 U.S.C. 134(d). 

41 [¥.)BB. "Milestone" has the meaning given in Sections 182(g)(l) and 189(c)(l) of the CAA. A milestone 

42 consists of an emissions level and date on which it is required to be achieved. 

43 CC. "Mitigation measure" means any method of reducing emissions of the pollutant or its precursor 

44 taken at the location of the federal action and used to reduce the impact of the emissions of that pollutant caused by 

45 the action. 

46 [W.)DD. "National ambient air quality standards"!!!: "NAAQS" are those standards 

47 established pursuant to Section 109 of the CAA and include standards for carbon monoxide (CO), lead (Pb), 

48 nitrogen dioxide (N02), ozone, particulate matter (PM10 and PM;u). and sulfur dioxide (S02). 

49 [~]EE. "NEPA" is the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.). 

50 [¥.)FF. "Nonattainment Area" m:. ~'NAA" means an area designated as nonattainment under Section I 07 

51 of the CAA and described in 40 CFR Part 81. 

52 [;&[GG. "Precursors of a criteria pollutant" are: 

53 ( 1) for ozone, nitrogen oxides (NOx). unless an area is exempted from NOx requirements under 

54 Section 182(!) of the CAA, and volatile orgartic compounds (VOC); and 

55 (2) for PM10, those pollutants described in the PM10 nonattainment area applicable SIP as significant 

56 contributors to the PM10 levels. 

20.11.4 NMAC ~P t :' f!talulullllilr fll.bJ.k Review Draft 0()0 1

10 11/19{10 4 
I (3) ForPM:u; 

2 (a) Sulfur dioxide (S01) in all PM;u nonattainment and maintenance areas. 

3 (b) nitrogen oxides in all PM .~ nonattainment and maintenance areas unless both the 

4 department and EPA determine that it is not a significant precursor. and 

5 (c) volatile organic compounds IVOC) and ammonia !NHl) only in PM;u nonattainment or 

6 maintenance areas where either the denartment or EPA determines that they are significant precursors. · 

7 [AA.)HH. "Reasonably foreseeable emissions" are projected future direct and indirect emissions 

8 that are identified at the time the conformity determination is made; the location of such emissions is known and the 

9 emissions are quantifiable, as described and documented by the federal agency based on its own information and 

I 0 after reviewing any information presented to the federal agency. 

II [B&]H. "Regional water [l!fld.lef] or wastewater projects" include construction, operation, and 

12 maintenance of water or wastewater conveyances, water or wastewater treatment facilities, and water storage 

13 reservoirs, which affect a large portion of a nonattainment or maintenance area. 

14 (~]JJ. "Regionally significant action" means a federal action for which the direct and indirect 

15 emissions of any pollutant represent 10 percent or more of a nonattainment or maintenance area 1s emissions 

16 inventory for that pollutant. 

17 KK. "Restricted information" means information that is privileged or that is otherwise protected from 

18 disclosure pursuant to applicable statutes. executive orders. or regulations. Such information includes. but is not 

19 limited to: Classified national securitv information. protected critical infrastructure information. sensitive security 

20 information. and proprietary business information. 

21 I,L, "Smoke Management Program" or "SMP" establishes a basjc framework ofprocedwes and 

22 reauirements for managing smoke from fires that are managed for resource bepefits The pumoses of SMPs are to 

23 mitigate the nuisance and public safety hazards (e g on roadways and at aimorts) posed by smoke intrusions into 

24 populated areas; to preyent deterioration of ajr gualitv and NMOS violations; and to address visibility impacts in 

25 mandatory Class I Federal areas in accordance with the regional haze rules {EPA's Interim Air Quality Policy on 

26 Wildland and Prescribed Fires) 

27 MM. "Take or start the federal action" means the date that the federal agency signs or approves the 

28 permit. license. grant or contract or otherwise physically begins the federal action that requires a conformity 

29 evaluation under 20.11.4 NMAC. 

30 [DD.)NN. "Total of direct and indirect emissions" means the sum of direct and indirect emissions 

31 increases and decreases caused by the federal action (i.e., the .. net" emissions considering all direct and indirect 

32 emissions). The portion of emissions which are exempt or presumed to conform under Subsections C, D, [ef] E, or 

33 .E of [2Q.llA.l2]20.11.4.153 NMAC are not included in the "total of direct and indirect emissions." The "total of 

34 direct and indirect emissions" includes emissions of criteria pollutants and emissions of precursors of criteria 

35 pollutants. [THe segmeat8tiea efprejeets fer ee~Rni.ty analyses wHen emissieas are feasaaatlly feteseeable is set 

36 fJBFRli1:4:e8 by this regulatiea. [a fRBRy eases, the evemll set af aetivities tlessribeel withia 8R ea lireameRt8l 

3 7 ElaeufReRt (e.g. eavitanmeatal assessmeat, ewliraflHleatal imtJast statefReBt~, 8 master fJlBR, site fll8R, lanel er faeility 

38 HUHlagemetH: tJlaa, ar similH pl8:RBiag Elaeameat will eanstintte the 8etiaa(!ij te 8e ev8lii8teel. Vtlhere phasiag is 

39 antieitJate8, analyses Hlay oeeEI ta ev8liiate lEey lagieal steps is the ifRfJlefReRtatiaa aftfte fJFBjeet erprepesal.] {40 

40 CFR 93.152) 

41 00. "Tribal implementation plan" or "TIP" means a plan to implement the national ambient air 

42 gualitv standards adopted and submitted by a federally recognized indian tribal government determined to be 

43 eligible under 40 CFR 49.9 and the plan has been approved by the EPA. {4/5/10 FR re: 40 CFR 93.152) 

44 [12/16/94 ... 12/1/95; 20.11.4.7 NMAC- Rn, 20 NMAC 11.04.1.7, 10/1/02] 

45 

46 20.11.4.8 VARIANCES: [Reserved] 

47 [12/1/95; 20.11.4.8 NMAC- Rn, 20 NMAC 11.04.1.8, 10/1/02] 

48 

49 20.11.4.9 SAVINGS CLAUSE: Any amendment to 20.11.4 NMAC, which is filed, with the state records 

50 center shall not affect actions pending for violation of a city or county ordinance[, Air Q"ality Geotrel8eanl 

51 Reg,.Jatieo 4~, er Part Q4] or 20.11.4 NMAC. Prosecution for a violation under prior regulation wording shall be 

52 governed and prosecuted under the statute, ordinance, part, or regulation section in effect at the time the violation 

53 was committed. 

54 [12/16/94 ... 12/1/95; 20.11.4.9 NMAC- Rn, 20 NMAC 11.04.1.9, 10/1/02] 

55 

20.11.4 NMAC I:P t '~taltollaltlorl..u.b.lk Review Draft 0'10 1

10 11/19/10 5 
I 20.11.4.10 SEVERABILITY: If any section, paragraph, sentence, clause, or word of [litis !>aFt] 20.11.4 

2 NMAC is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect 

3 the validity of remaining provisions of [this Pafl] 20.11.4 NMAC. 

4 [ 12/16/94 .. . 1211195; 20.11.4.10 NMAC- Rn, 20 NMAC 11.04.1.10, 10/1/02] 

5 

6 20.11.4.11 DOCUMENTS: Documents incorporated and cited in [!his llafl] 20.11.4 NMAC may be viewed 

7 at the Albuquerque Environmental Health Department, 400 Marquette Ave. NW, Albuquerque, NM. 

8 [12/1/95;20.11.4.11 NMAC-Rn,20NMAC 11.04.1.11 &A, 10/1/02] 

9 

10 20.11.4.12 to 20.11.4.152 [Reserved] 

II 

12 [lo.tM,U]20.11.4.153 ]llETERl\UNATIONS FOR CONFORMITY] APPLICABILITY ANALYSIS: 

13 {4/5/10 FR re: 40 CFR 93.153(a)} 

14 A. Confonnity determinations for federal actions related to transportation plans, programs, and 

15 projects developed, funded, or approved under Title 23 U.S.C. or [IRe foaera1 TF<IflBitAst (19 U.S.C. 1MH ol SOl}.)] 

16 49 U.S.C. Chapter 53 ( 12/8/08 FR Proposed Rule re: 40 CFR 93.153(a)} must meet the procedures and criteria of 

17 [2Q.1l.J NMAC HWitlifJ9I'Iatien b'8F,'o...,itj·] 40 CFR Part 51, Subpart T, in lieu of the procedures set forth in [tltis 

18 Part]20.11.4NMAC. {40CFR93.153(a)} 

19 B. For federal actions not covered by Subsection A, of [2Q.1 1.4. 12]20. 11.4.153 NMAC, a 

20 confonnity determination is required for each criteria pollutant or precursor where the total of direct and indirect 

21 emissions in a nonattainment or maintenance area caused by a federal action would equal or exceed any of the rates 

22 in Paragraph ( l) or (2) of Subsection B, of [2Q. 11.4. 12] 20.11.4.153 NMAC. [An ·~~1isal!ilil:l' aRalysis sltalll!e 

23 l;lseS ta deteffll:iae ifaa aetiea meela these thfeshelBs fer aetiens, ·~.<BieR are nat atherwise eKetBf!teEl. IR Hie e··eat the 

24 re'l>lirOB>ORIS ef iB Parag<af!R (l) aaa (2), ef Sul!sestieB B, af 2<l.l 1.1 '12 ~fMAC are 881 met, a ··~1oto saafaff8ity 

25 SeteABiaatiee will aet Be aeeessary. J'zgeseies IH'e aeveRheless eaea\ifaged ta eaarGiaate with the ai£ ageae~· ElHriBg 

26 tRe 8flpliea9ilit~/ analysis phase, t!Sf!eeially wftee fiFBfiBSed ae"eas are liltely te pred1:1:ee meaniagfullevels ef 

27 pellYliea ev-eR tfleygh the ameHat ealsulateS mar Be Bela\v the ideatiHeEl thnshel8s. Awareeess By the air ageaey 

28 ef tlto maay aetiafl!l bolaw tlto lllroslte1as will assist lito air agoasy ill e•iorall ~lilfHiiag offarts (o.g. omissiaR 

29 ia•ioHterios).] { l/8/08 FR Proposed Rule re: 40 CFR 93.153(b)} 

30 (I) For purposes of Subsection B, of[2<l.ll.1.12]20.11.4.153 NMAC, the following rates apply in 

31 nonattainment areas: {4/5/10 FR re: 40 CFR 93. l53(b)(l)} 

20.11.4 NMAC KPJ '~talil!llBhle• l.u.hl.it Review Draft 9~Q'1Q 11119/10 6 
Criteria Pollutant or Rate (Tons/Year) 

Precursor 

ji'IQNA:n:,,.II'IMENl' 

AREAS 

Ozone (VOC's or NOx): 

Serious NAA's 50 

Severe NAA's 25 

Extreme NAA's 10 

Other ozone NAA's outside 100 

an ozone transport region 

[Margiaal aHS me derate] 

Other ozone NAA's inside 

an ozone transport region: 

voc 50 

NO, 100 

Carbon monoxide: 

All NAA's 100 

S02 orN02: 

All NAA's 100 

PM10: 

Moderate NAA's 100 

Serious NAA's 70 

PM2.5: 

Direct emissions 100 

so_, 100 

NO• (unless determined not 100 

to be significantprecursors) 

VOC or ammonia (if 100 

detennined to be significant 

orecursors) 

Pb: 

All NAA's 25 

I 

2 (2) For the purposes of Subsection B, of [2G.ll.4.12] 20.11.4.153 NMAC, the following rates apply 

3 in maintenance areas: (40 CFR 93.153(b)(2)) 

20.11.4 NMAC I»Ptt '~t&lii!hHlller.l!u.bJ.it Review Draft OQQ'lQ 11/19/10 7 
Criteria Pollutant or Rate (Tons/Year) 

Precursor 

ll\iJ,~t-.~:~:,:KNl.t __ ~c;;~ 

AREAS 

Ozone (NO, S02 or N02): 

All maintenance areas \00 

Ozone (VOC's): 

Maintenance areas inside an 50 

ozone transport region 

Maintenance areas outside 100 

an ozone transport region 

Carbon monoxide: 

All maintenance areas 100 

PM10: 

All maintenance areas \00 

PM2.5: 

Direct emissions 100 

so, 100 

NO, (ll!lless determined not \00 

to be significant !lrecursors) 

VOC or ammonia (if 100 

determined to be significant 

orecursors) 

Pb: 

All maintenance areas 25 

I 

2 

3 

c. The requirements of [this P8H] 20.11.4 NMAC shaU not apply to the following federal 

4 (I) actions where the total of direct and indirect emissions are below the emissions levels specified in 

5 Subsection B, of [2Q.ll.4.12]20.11.4.153 NMAC. 

6 (2) the following actions which would result in no emissions increase or an increase in emissions that 

7 is clearly de minimis: 

8 (a) Judicial and legislative proceedings. 

9 (b) Continuing and recurring activities such as permit renewals where activities conducted will 

I 0 be similar in scope and operation to activities currently being conducted. 

II (c) Rulemaking and policy development and issuance. 

12 (d) Routine maintenance and repair activities including repair and maintenance of 

13 administrative sites, roads, trails, and facilities. 

14 (e) Civil and criminal enforcement activities, such as investigations, audits, inspections, 

15 examinations, prosecutions, and the training of law enforcement personnel. 

16 (f) Administrative actions such as personnel actions, organizational changes, debt management 

17 or collection, cash management, internal agency audits, program budget proposals, and matters relating to the 

18 administration and collection of taxes, duties and fees. 

19 (g) The routine, recurring transportation of [ HHltofial] materiel and personnel. 

20 (h) Routine movement of mobile assets, such as ships and aircraft, in home port reassignments 

21 and stations (when no new support facilities or personnel are requrred) to perform as operational groups [aR<IIef] or 

22 for repair or overhaul. 

23 (i) Maintenance dredging and debris disposal where no new depths are required, applicable 

24 permits are secured, and disposal will be at an approved disposal site. 

25 (j) Actions, such as the following, with respect to existing structures, properties, facilities and 

26 lands where future activities conducted will be similar in scope and operation to activities currently being conducted 

27 at the existing structures, properties, facilities, and lands; for example, relocation of personnel, disposition of 

28 federally-owned existing structures, properties, facilities, and lands, rent subsidies, operation and maintenance cost 

29 subsidies, the exercise of receivership or conservatorship authority, assistance in purchasing structures, and the 

30 production of coins and currency. 

20.11.4 NMAC KllA 'S~&Jisll ahhr ~Review Draft 0/lQ 'lQ 11/19/10 8 
I (k) The granting of leases, licenses such as for exports and trade, permits, and easements where 

2 activities conducted will be similar in scope and operation to activities currently being conducted. 

3 (I) Planning, studies, and provision of technical assistance. 

4 (m) Routine operation of facilities, mobile assets and equipment. 

5 (n) Transfers of ownership, interests, and titles in land, facilities, and real and personal 

6 properties, regardless of the form or method of the transfer. 

7 (o) The designation of empowerment zones, enterprise communities, or viticultural areas. 

8 (p) Actions by any of the federal banking agencies or the federal Reserve Banks, including 

9 actions regarding charters, applications, notices, licenses, the supervision or examination of depository institutions 

10 or depository institution holding companies, access to the discount window, or the provision of financial services to 

II banking organizations or to any department, agency or instrumentality of the United States. 

12 (q) Actions by the board of governors of the federal reserve system or any federal reserve bank 

13 to effect monetary or exchange rate policy. 

14 (r) Actions that implement a foreign affairs function of the United States. 

15 (s) Actions (or portions thereof) associated with transfers of land, facilities, title, and real 

16 properties through an enforceable contract or lease agreement where the delivery of the deed is required to occur 

17 promptly after a specific, reasonable condition is met, such as promptly after the land is certified as meeting the 

18 requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and 

19 where the federal agency does not retain continuing authority to control emissions associated with the lands, 

20 facilities, title, or real properties. 

21 (t) Transfers of real property, including land, facilities, and related personal property from a 

22 federal eniity to another federal entity and assignments of real property, including land, facilities, and related 

23 personal property from a federal entity, to another federal entity for subsequent deeding to eligible applicants. 

24 (u) Actions by the department of the treasury to effect fiscal policy and to exercise the 

25 borrowing authority of the United States. 

26 (v) Air traffic control activities and adooting approach. departure and enroute procedures for 

27 aircraft operations above the mixing height specified in the applicable SIP or TIP. Where the applicable SIP or TIP 

28 does not specify a mixing height. the federal agency can use the 3.000 feet above ground level as a default mixing 

29 height. unless the agency demonstrates that use of a different mixing height is appropriate because the change in 

30 emissions at and above that height caused by the federal action is de minimis. { 4/5110 FR re: 40 CFR 93.153} 

31 (3) Actions where the emissions are not reasonably foreseeable, such as the following: 

32 (a) Initial outer continental shelf lease sales which are made on a broad scale and are followed 

33 by exploration and development plans on a project level. 

34 (b) Electric power marketing activities that involve the acquisition, sale and transmission of 

35 electric energy. 

36 (4) Actions which implement a decision to conduct or carry out a conforming program such as 

37 prescribed burning actions which are consistent with a conforming ]and management plan. 

38 D. Notwithstanding the other requirements of [!IUs POFt]20.11.4 NMAC, a conformity determination 

39 is not required for the following federal actions (or portion thereof): 

40 (I) The portion of an action that includes major or minor new or modified stationary sources that 

41 require a permit under the new source review (NSR) program (Section 110(a)(2)(c) and Section 173 of the CAA) or 

42 the prevention of significant deterioration (PSD) program (Title I, Part C of the CAA). 

43 (2) Actions in response to emergencies [er samm.l disasters sHell as hl:iffieanes, e&RHI:}1:l8lces, ete.,] 

44 which are typically commenced on the order of hours or days after the emergency [ er disaster] and, if applicable, 

45 which meet the requirements of Subsection E, of [2Q.II A .12] 20.11.4.153 NMAC. 

46 (3) Research, investigations, studies, demonstrations, or training (other than those exempted under 

47 Paragraph (2), of Subsection C of [2Q.II.4.12] 20.11.4.153 NMAC), where no environmental detriment is incurred 

48 [aOOier] or, the particular action furthers air quality research, as detemtined by the air agency primarily responsible 

49 for the applicable SIP. 

50 (4) Alteration and additions of existing structures as specifically required by new or existing 

51 applicable environmental legislation or environmental regulations (e.g., hush houses for aircraft engines and 

52 scrubbers for air emissions). 

53 (5) Direct entissions from remedial and removal actions carried out under the Comprehensive 

54 Environmental Response, Compensation and Liability Act (CERCLA) and associated regulations to the extent such 

55 emissions either comply with the substantive requirements of the PSD/NSR pemtitting program or are exempted 

20.11.4 NMAC ~p '-: 1 ~taluhslllsr Pnhlje Review Draft t)Q0 1

1Q 11/19/10 9 
I froin other environmental regulation under the provisions of CERCLA and applicable regulations issued under 

2 CERCLA. {4/5/10 FR re: 40 CFR 93.153(d)(l)} 

3 E. Federal actions which are part of a continuing response to an emergency or disaster under 

4 Paragraph (2), of Subsection D. of [2().11.4.12] 20.11.4.153 NMAC and which are to be taken more than [8] six 

5 months after the commencement of the response to the emergency or disaster under Paragraph (2), of Subsection D. 

6 of [2Q.ll.4.12]20.11.4.153 NMAC are exempt from the requirements of this regulation only if: 

7 (I) the federal agency taking the actions makes a written determination that, for a specified period not 

8 to exceed an additional 6 months, it is impractical to prepare the confonnity analyses which would otherwise be 

9 required and the actions cannot be delayed due to overriding concerns for public health and welfare, national 

I 0 security interests and foreign policy commitments, or 

II (2) for actions which are to be taken after those actions covered by Paragraph (I), of Subsection E. of 

12 [2().11.4.12] 20.11.4.153 NMAC, the federal agency makes a new detennination as provided in Paragraph (I), of 

13 Subsection E. of [2().11.4 .12] 20.11.4.153 NMAC and: 

14 lil Provides a draft cooy of the written determinations required to affected EPA regional 

15 officelsl. the affected state!sl or air pollution control agencies. and any federal recognized indian tribal government 

16 in the nonattainment or maintenance area. Those organizations must be allowed 15 days from the beginning of the 

17 extension period to comment on the draft determination: and 

18 Iii) Within 30 days after making the detennination. publish a notice of the determination by 

19 placing a prominent advertisement in a dai1y newspaper of general circulation in the area affected by the action. 

20 (3) If additional actions are necessary in response to an emergency or disaster under Paragraph (2). of 

21 Subsection D of 20.11.4.153 NMAC beyond the specified time oeriod in Paragraph 12). of Subsection E of 

22 20.11.4.153 NMAC. a federal agency can make a new written determination as described in Paragraph 121. of 

23 Subsection E of 20.11.4.153 NMAC for as many 6-month periods as needed. but in no case shall this exemption 

24 extend beyond three 6-month periods except where an agency: 

25 lil provides information to EPA and the state or tribe stating that the conditions that gave rise 

26 to the emergency exemption continue to exist and how such conditions effectively prevent the agency from 

27 conducting a conformity evaluation. 

28 (ii) Reserved. {4/5/10 FR re: 40 CFR 93.153(e)(2)} 

29 F. Notwithstanding other requirements of[lhis PaFI]20.11.4 NMAC, actions specified by individual 

30 federal agencies that have met the criteria set forth in either [PIH'l>gFa~h (I) •• (2),] Paragraphs(]) 121 or (3) of 

31 Subsection G. of [2Q.ll.4.12]20.11.4.153 NMAC and the procedures set forth in Subsection H of[2Q.ll.U2] 

32 20.11.4.153 NMAC are "presumed to conform", except as provided in Subsection J of[2Q.l1.4.12] 20.11.4.153 

33 NMAC. Actions specified by individual federal agencies as "presumed to conform" may not be used in 

34 combination with one another when the total direct and indirect emissions from the combination of actions would 

35 equal or exceed any of the rates specified in Paragraphs (I) orl2l of Subsection B of 20.11.4.153 NMAC. {4/5/10 

36 FR re: 40 CFR 93.153(!)} 

3 7 G. The federal agency must meet the criteria for establishing activities that are "presumed to 

38 conform" by fulfilling the requirements set forth in either [PaFag""''h (I) aF (2), af s..esoeliaa A, af2().11.4 .12 

39 NMAG] Paragraphs Ill. 12), or 131 of Subsection G of 20.11.4.153 NMAC: 

40 (1) The federal agency must clearly demonstrate using methods consistent with 20.11.4 NMAC that 

41 the total of direct and indirect emissions from the type of activities which would be presumed to conform would not: 

42 (a) cause or contribute to any new violation of any standard in any area; 

43 (b) interfere with provisions in the applicable SIP for maintenance of any standard; 

44 (c) increase the frequency or severity of any existing violation of any standard in any area; or 

45 (d) delay timely attainment of any standard or any required interim emission reductions or 

46 other milestones in any area including, where applicable, emission levels specified in the applicable SIP for 

4 7 purposes of: 

48 (i) a demonstration of reasonable further progress; 

49 (ii) a demonstration of attainment; or 

50 (iii) a maintenance plan; or 

51 (2) The federal agency must provide documentation that the total of direct and indirect emissions 

52 from such future actions would be below the emission rates for a conformity determination that are established in 

53 Subsection B, of [2().11.4.12]20.11.4.153 NMAC, based, for example, on similar actions taken over recent years. 

54 13) The federal agency must clearly demonstrate that the emissions from the tvoe or category of 

55 actions and the amount of emissions from the action are included in the applicable SIP or maintenance plan and the 

56 state. local or tribal air quality agencies responsible for the SIP(s) or TIPfsl provide written concurrence that the 

20.11.4 NMAC KP t 'it:alulut1hr l!u.b.lit Review Draft P/aQ/lQ 11/19/10 10 
l emissions from the actions along with all other expected emissions in the area will not exceed the emission budget in 

2 the SIP. {4/5/10 FR re: 40 CFR 93.153(g)} 

3 H. In addition to meeting the criteria for establishing exemptions set forth i!! Paragraphs (I) [ <>f] (2) 

4 or (3), of Subsection G, of[2Q.II.4.12]20.ll.4.153 NMAC, the following procedures must also be complied with to 

5 presume that activities will confonn: 

6 (I) the federal agency must identify through publication in the federal register its list of proposed 

7 activities that are "presumed to conform" and the basis for the presumptions; the notice must clearly identify the 

8 type and size of the action that would be "presumed to conform" and orovide criteria for determining if the type and 

9 size action qualifies it for the presumption: 

10 (2) the federal agency must notify the EPA region VI office, [the aiF ageosy] state, local and tribal air 

11 agencies, and, where applicable, the agency designated under Section 174 of the CAA and the MPO and provide at 

12 least 30 days for the public to comment on the list of proposed activities "presumed to conform"; If the "presumed 

13 to conform" action has regional or national application (e.g .. the action will cause emission increases in excess of the 

14 de minimis levels identified in Subsection B of20.ll.4.153 NMAC in more than one of EPA's Regions), the federal 

15 agency. as an alternative to sending it to the EPA Region VI Office. can send the draft conformity determination to 

16 U.S. EPA, Otlice of Air Quality Planning and Standards (OAOPSJ: 

17 (3) the federal agency must document its response to all the comments received and make the 

18 comments, response, and final list of activities available to the public upon request; and 

19 (4) the federal agency must publish the final list of such activities in the federal register. {4/5/10 FR 

20 re: 40 CFR 93.153(h)} 

21 I. [~Jetwitbstanding the ather re~ifemen~ af 29.1.4 ~~fAG, wHea tHe tatal ef direst and iaEiifest 

22 emissiaas efaRy ~elh1taRt ffem a federal aetiaa Bees net BEJ:ual er exseed the Fates Sf'BSif.ieB ia SuhsestieR 8, ef 

23 29.11.4.12 ~~fAG, 81:1t re~reseRts 19 ~erseRt er mere efa aenattair..meat er IBaiRteaanse area's tetal emissieRs ef 

24 that ~ellul&Rt, tHe astiea is Bef.iReEi as a regienally signif.ieant astiea and the retfl:lifemen~ af 29.11.4 .fi ~~fA.C aaEi 

25 SeetiaRB 29.11.4.14 thre1:1gh 29.11.4.19 ~~fA.C sHall a~~ly fer tile MEiera1 aetiaa.] Emissions from the following 

26 actions are .. presumed to conform": 

27 (I) Actions at installations with facility-wide emission budgets meeting the requirements in§ 93.161 

28 provided that the state or tribe has included the emission budget in the EPA-approved SIP or maintenance olan and 

29 the emissions from the action along with all other emissions from the installation will not exceed the facility-wide 

30 emission budget. 

31 (2) Prescribed fires conducted in accordance with a smoke management program (SMPJ which meets 

32 the requirements of EPA's Interim Air Quality Policy on Wildland and Prescribed Fires or, an equivalent 

33 replacement EPA policy. 

34 (3) Emissions for actions that the state or tribe identifies in the EPA approved SIP or TIP as 

35 "presumed to conform". {4/5/10 FR re: 40 CFR 93.153(i)} 

36 J. ['.llhere 8ft astian etBerwise fJFBSl:liHeEi ta eeafeRRuREier Su8seetiaa F af 29.11.4 .12 ~J~f:ft:C is a 

37 regienally sigtHHeaat aetieR ar dees Ret iB fast meet eRe aft8e sriteria itt PamgrapB (1), af SuBsestiea G. af 

38 29.11.4 .12 ~~fAG, tHat aetiea sHall aet Be fJFBS1:lmeEi te senfeFHl aaE:i the retf1:1iremeats ef 2Q.11.4 .~ ~~fAG aaEi 

39 Seelians 2Q.II.4 .14 lhfa .. gk 2Q.II.4 .19 ~1MA.C shall lll'f'IY fer Ike feeeFOI asliao.] 

40 Even though an action would otherwise be "presumed to conform" under Subsection For I, of 20.11.4.153 NMAC. 

41 an action shall not be "presumed to conform" and the requirements of§ 40 CFR 93.151, Subsection A of 20.11.4.2 

42 NMAC, Sections 13 through 19 and Sections 21 through 23 of20.11.4 NMAC shall apply to the action if EPA or a 

43 third party shows that the action would: 

44 (I l cause or contribute to any new violation of any standard in any area; 

45 (2) interfere with provisions in the applicable SIP or TIP for maintenance of any standard; 

46 (3) increase the frequency or severity of any existing violation of any standard in any area: or 

47 (4) delay timely attainment of any standard or any required interim emissions reductions or other 

48 milestones in any area including, where applicable, emission levels specified in the applicable SIP or TIP for 

49 purposes of: 

50 (i) a demonstration of reasonable further progress; 

51 (ii) a demonstration of attainment; or 

52 (iii) a maintenance plan. {4/5/10 FR re: 40 CFR 93.153(j)} 

53 K. The provisions of 20.11.4 NMAC shall apply in all nonattainment and maintenance areas ex cent 

54 confonnitv requirements for newly designated nonattainment areas are not applicable until one year after the 

55 effective date of the flnal nonattainment designation for each NAAQS and oollutant in accordance with Section 

56 176(c)(6) of the Act. (4/5/10 FR re: 40 CFR 93.153(k)} 

20.11.4 NMAC KPA I ~taltBitalilBr ~Review Draft 9 110'10 11/19/10 II 
I [12/16/94 ... 12/1195; 20.11.4.12 NMAC- Rn, 20 NMAC 11.04.1.12 & Repealed, 10/1/02; Rn, 20 NMAC 

2 11.04.11.1, 10/1/02] 

3 

4 [lQ,U,UmO.Il.4.154 [CONFORMITY MALYSIS) FEDERAL AGENCY CONFORMITY 

5 RESPONSIBILITY: Any [fe<iefal] department, agency, or instrumentality of the federal government taking an 

6 action subject to [this Feg»latieR] 20.11.4 NMAC must make its own conformity determination consistent with the 

7 requirements of [tl!is FOg»latieR] 20.11.4 NMAC. In making its conformity determination, a federal agency must 

8 follow the requirements in Sections 14 through 19 and 21 through 24 of 20.11.4 NMAC and must consider 

9 comments from any interested parties. Where multiple federal agencies have jurisdiction for various aspects of a 

10 project, a federal agency may choose to adopt the analysis of another federal agency (to the extent the proposed 

II action and impacts analyzed are the same as the project for which a conformity determination is required) or develop 

12 its own analysis in order to make its conformity determination. {4/5/1 0 FR re: 40 CFR 93. 1"54} 

13 [12/16/94,20.11.4.13NMAC-Rn,20NMAC 11.04.11.2, 10/1/02] 

14 

15 [l9,U.~.H)20.11.4.155 REPORTING REQUIREMENTS: 

16 A. A federal agency making a conformity determination under [2Q.ll.4 .17 }!Mfl,C] Sections 13 

17 through I 9 and 21 through 23 of 20.11.4 NMAC must provide to the EPA Region VI Office, [tl!e ail' age&sy] state 

18 and local air agencies. any federally-recognized indian tribal government in the nonattainment or maintenance area. 

19 and, where applicable, affected federal land managers, the agency designated under Section 174 of the CAA and the 

20 MPO a 30-day notice which describes the proposed action and the federal agency's draft conformity determination 

21 on the action. [IlFBft eenfsm!ity aetemliRatieRB sl!all aeoefille the magnilllae sf tl!e iRerease fe• •ele·>'aRt ~ell>lla&ts 

22 aae the SBl:tFSBS (iael~Eling leeatieHs) fer ~ese J181ll:l:taBtB 8B they relate te tfte J3f8J38S89 aetieR.] If the action has 

23 multi-regional or national impacts (e.g .. the action will cause emission increases in excess of the de minimis levels 

24 identified in Subsection B of20.11.4.153 NMAC in three or more of EPA's regions). the federal agency. as an 

25 alternative to sending it to EPA regional offices. can provide the notice to EPA's Office of Air Oualitv Planning and 

26 Standards. 

27 B. A federal agency must notify the EPA Region VI office. state and local air agencies. any federally28 recognized indian tribal government in the nonattainment or maintenance area. and. where anolicable. affected 

29 federal land managers. the agency designated under Section 174 of the CAA and the MPO. within 30 days after 

30 making a final conformitv determination under 20.11.4 NMAC. 

31 C. The draft and fmal conformitv determination shall exclude any restricted information or 

32 confidential business information. The disclosure of restricted information and confidential business information 

33 shall be controlled by the applicable laws. regulations. security manuals. or executive orders concerning the use. 

34 access. and release of such materials. Subject to applicable procedures to protect restricted information from public 

35 disclosure. any information or materials excluded from the draft or final conformity determination or suooorting 

36 materials may be made available in a restricted information annex to the determination for review by federal and 

3 7 state representatives who have received appropriate clearances to review the information. { 4/5110 FR re: 40 CFR 

38 93.155} 

39 [12/16/94 ... 12/1195; 20.11.4.14 NMAC- Rn, 20 NMAC 11.04.11.3, 10/1/02] 

40 

41 [JQ,U,US120.11.4.156 PUBLIC PARTICIPATION: 

42 A. Upon request by any person regarding a specific federal action, a federal agency must make 

43 available, subject to the limitation in Subsection E of20.11.4.156 NMAC. for review its draft conformity 

44 determination under [2Q.I1.4.17 }!Mfl.C]20.11.4.154 NMAC with supporting materials which describe the 

45 analytical methods and conclusions relied upon in making the applicability analysis and draft conformity 

46 determination. [It is aGvisaBle fer ageaeies te FHai&taie sl:lft.ieieatly detailed reeerBs ef the aetual assttHI:fJkeas, 

4 7 teehnieal Bata, ana aaal~rses whieA lead te the eeRfeFHlit~,. BetefflllRatieR iR erBer fer iRteresteB parties te elearly 

48 unBerstaRB the Basis fer the eeflieFRlit.y BeteRRinatieR. These sHall ae Rl88e &vaila9le fer re•liew a~· tBe air ageney 

49 and ether iateresteB parties ·.vhere apprepFiate.] 

50 B. A federal agency must make public its draft conformity determination under [2Q.11.4 .17 }!Mfl.C] 

51 20.11.4.154 NMAC by placing a notice by prominent advertisement in a daily newspaper of general circulation in 

52 the area affected by the action and by providing 30 days for written public comment prior to taking any formal 

53 action on the draft determination. This comment period may be concurrent with any other public involvement, such 

54 as occurs in the NEP A process. If the action has multi-regional or national impacts (e.g .. the action will cause 

55 emission increases in excess of the de minimis levels identified in Subsection B of 20.11.4.153 NMAC in three or 

20.11.4 NMAC KP t: I ~tahdulllor J!u.b.lit Review Draft 0':10'10 11119/10 12 
I more of EPA's Regions). the federal agency. as an alternative to publishing separate notices. can publish a notice in 

2 the federal register. 

3 C. A federal agency must document its response to all the comments received on its draft conformity 

4 determination under [2Q.11.4 .17 ~~4J.C] 20.11.4.154 NMAC and make the comments and responses available, 

5 subject to the limitation in Subsection E of 20.11.4.156 NMAC. upon request by any pen;on regarding a specific 

6 federal action, within 30 days of the final conformity determination. 

7 D. A federal agency must make public its final conformity determination under [2G.I1.4.17 ~~4AG] 

8 20.11.4.154 NMAC for a federal action by placing a notice by prominent advertisement in a daily newspaper of 

9 general circulation in the area affected by the action within 30 days of the final conformity determination. If the 

10 action would have multi-regional or national impacts. the federal agency. as an alternative. can publish the notice in 

II the federal register. 

12 E. The draft and final conformity determination shall exclude any restricted information or 

13 confidential business information. The disclosure of restricted information and confidential business information 

14 shall be controlled by the applicable laws. regulations or executive orden; concerning the release of such materials. 

15 {4/5/10 FR re: 40 CFR 93.156) 

16 [12/16/94 ... 12/1/95; 20.11.4.15 NMAC- Rn, 20 NMAC 11.04.11.4, 10/1/02] 

17 

18 (lo.tl,U6(20.11.4.157 (FREQVENCY OF CONFORMITY DETERMINATIONS] REEVALUATION OF 

19 CONFORMITY: 

20 A. Once a conformity evaluation is completed by a federal agencv. that determination is not required 

21 to be reevaluated if the agency has maintained a continuous program to implement the action: the determination has 

22 not lapsed as specified in Subsection B of20.11.4.157 NMAC: or any modification to the action does not result in 

23 an increase in emissions above the levels specified in Subsection B of20.11.4.153 NMAC. If a conformity 

24 determination is not required for the action at the time NEPA analysis is completed. the date of the finding of no 

25 significant impact (FONSI) for an Environmental Assessment. a record of decision (ROD\ for an Environmental 

26 Impact Statement. or a categorical exclusion determination can be used as a substitute date for the conformity 

2 7 determination date. 

28 (A.]B. The conformity status of a federal action automatically lapses [.)] five years from the date a fmal 

29 conformity determination is reported under [2G.Il.4.14] 20.11.4.155 NMAC, unless the federal action has been 

30 completed or a continuous program [kas eooR es!RRIOReoe] to implement [tl!a!] the federal action [witkiB a 

31 ••asasaelo time] has been commenced. 

32 (B.]C. Ongoing federal activities at a given site showing continuous progress are not new actions and do 

33 not require periodic re-determination so long as such activities are within the scope of the final conformity 

34 determination reported under [2G.ll.4.14] 20.11.4.155 NMAC. 

35 [C, I~. after tHe seafermity determHtatiea is fllade, the fedefal aetiea is sRaaged sa tRat tReFe is an 

36 iasrease ia tRe tetal e~diHet aad Htdifeet efllissieflB aBeve tHe levels ia Sl:t:Bseetiea 8. e~1Q.ll.4.11 ~~{t\C, a aew 

37 eeafeFHJ.i*'· detemtinatieR is Fe£tHired.] 

38 D. If the federal agency originally determined through the applicability analysis that a conformity 

39 detennination was not necessarv because the emissions for the action were below the limits in Subsection B of 

40 20.11.4.153 NMAC and changes to the action would result in the total emissions from the action being above the 

41 limits in Subsection B of 20.11.4.153 NMAC. then the federal agency must make a conformity determination. 

42 {4/5/10 FR re: 40 CFR 93.157) 

43 [ 12/16/94 ... 1211/95; 20.11.4.16 NMAC- Rn, 20 NMAC 11.04.11.5, 1011/02] 

44 

45 (lQ,ll,U7]20.11.4.158 CRITERIA FOR DETERMINING CONFORMITY OF GENERAL FEDERAL 

46 ACTIONS: 

47 A. An action required under [2Q.ll.4 .12] 20.11.4.153 NMAC to have a conformity determination for 

48 a specific pollutant, will be determined to conform to the applicable SIP if, for each pollutant that exceeds the rates 

49 in Subsection B, of [2G.11.4.12] 20.11.4.153 NMAC, or otherwise requires a conformity determination due to the 

50 total of direct and indirect emissions from the action, the action meets the requirements of Subsection C, of 

51 [2Q.ll.4.17]20.11.4.158 NMAC, and meets any of the following requirements: 

52 ( 1) for any criteria pollutant or precursor, the total of direct and indirect emissions from the action are 

53 specifically identified and accounted for in the applicable SIP's attainment or maintenance demonstration or 

54 reasonable further progress milestone or in a facility-wide emission budget included in a SIP accordance with 

55 20.11.4.161 NMAC; 

20.11.4 NMAC i:P t / liialullalllsr .f..u.b.U.t Review Draft t)'lQ'lU 1 J/19/10 13 
(2) for precursors of ozone, or nitrogen dioxide, or PM. the total of direct and indirect emissions from 

2 the action are fully offset within the same nonattainment or maintenance area (or nearby area of equal or higher 

3 classification provided the emissions from that area contribute to the violations. or have contributed to violations in 

4 the past. in the area with the federal action) through a revision to the applicable SIP or a similarly enforceable 

5 measure that effects emission reductions so that there is no net increase in emissions of that pollutant; 

6 (3) for any directly-emitted criteria pollutant, (eneept 8i!!BR8 anQ RitregeR elieniQe,] the total of direct 

7 and indirect emissions from the action meet the requirements: 

8 (a) specified in Subsection B of [19.11.4.17)20.11.4.158 NMAC, based on area-wide air 

9 quality modeling analysis and local air quality modeling analysis; or 

10 (b) meet the requirements of Paragraph (5), of Subsection A, of[19.11.1.17]20.11.4.158 

II NMAC and, for local air quality modeling analysis, the requirement of Subsection B, of[19.11.4.17] 20.11.4.158 

12 NMAC. 

13 (4) For CO or [I'M..) directly emitted PM: 

14 (a) where the air agency primarily responsible for the applicable SIP determines that an areaIS wide air quality modeling analysis is not needed, the total of direct and indirect emissions from the action meet the 

16 requirements specified in Subsection B, of [19.11.1.17] 20.11.4.158 NMAC, based on local air quality modeling 

17 analysis; or 

18 (b) where the air agency primarily responsible for the applicable SIP determines that an areal 9 wide air quality modeling analysis is appropriate and that a local air quality modeling analysis is not needed, the 

20 total of direct and indirect emissions from the action meet the requirements specified in Subsection B of[1Q.ll.1.17) 

21 20.11.4.158 NMAC, based on area-wide modeling, or meet the requirements of Paragraph (5), of Subsection A, of 

22 [29.11.4 .17] 20.1 1.4.158 NMAC or 

23 (5) For ozone or nitrogen dioxide, and for purposes of Subparagraph (b), of Paragraph (3), of 

24 Subsection A, of [29.11.1.17) 20.11.4.158 NMAC and Subparagraph (b), of Paragraph ( 4), of Subsection A, of 

25 [19.11.4 .11] 20.11.4.158 NMAC, each ponion of the action or the action as a whole meets any of the following 

26 requirements: 

27 (a) Where EPA has approved a revision to [ao at=ea's MtaimH:eat er fBaiRteeanae ElemeRSHatiae 

28 after 1999] the applicable implementation plan after the area was designated as nonattainment and the state or tribe 

29 makes a determination as provided in Item (i) of Subparagraph (a), of Paragraph (5), of Subsection A of[29.11.4.17) 

30 20.11.4.158 NMAC or where the state or tribe makes a commitment as provided in Item (iil of Subparagraph [{bt) 

31 li!}, of Paragraph (5), of Subsection A of [29.11.4.17] 20.11.4.158 NMAC: 

32 (i) the total of direct and indirect emissions from the action (or ponion thereof) is 

33 determined and ·documented by the air agency primarily responsible for the applicable SIP to result in a level of 

34 emissions which, together with all other emissions in the nonattainment (or maintenance) area, would not exceed the 

35 emissions budgets specified in the applicable SIP; 

36 (ii) the total of direct and indirect emissions from the action (or ponion thereof) is 

3 7 determined by the air agency responsible for the applicable SIP to result in a level of emissions which, together with 

38 a11 other emissions in the nonattainment (or maintenance) area, would exceed an emissions budget specified in the 

39 applicable SIP and the state governor or the governor's designee for SIP actions makes a written commitment to 

40 EPA which includes the following: I. A specific schedule for adoption and submittal of a revision to the SIP which 

41 would achieve the needed emission reductions prior to the time emissions from the federal action would occur; 2. 

42 Identification of specific measures for incorporation into the SIP which would result in a level of emissions which, 

43 together with all other emissions in the nonattainment or maintenance area, would not exceed any emissions budget 

44 specified in the applicable SIP; 3. A demonstration that all existing applicable SIP requirements are being 

45 implemented in the area for the pollutaots affected by the federal action, and that local authority to implement 

46 additional requirements has been fully pursued; 4. A determination that the responsible federal agencies have 

47 required all reasonable mitigation measures associated with their action; and 5. Written documentation including all 

48 air quality analyses supponing the conformity determination; 

49 (iii) Where a federal agency made a conformity determination based on a [slate) state's 

50 or tribe's commitment under Item (i),ofSubparagraph (a), of Paragraph (5), of Subsection A of[19.11.1.17] 

51 20.11.4.158 NMAC, and the state has submitted a SIP or TIP to EPA covering the time period during which the 

52 emissions will occur or is scheduled to submit such a SIP or TIP within 18 months of the conformity determination. 

53 [SHe!H] the state commitment is automatically deemed a call for a SIP or TIP revision by EPA under Section 

54 IIO(k)(5) of the CAA, effective on the date of the federal conformity determination and requiring response within 

55 18 months or any shoner time within which [a eefRRliHHeat is maEie] the state or tribe commits to revise the 

56 applicable SIP; 

20.11.4 NMAC i.SPJ 1 italullahlur ~Review Draft 9'iUJ 1

1Q 1 J/19/10 14 
I 

2 

3 

4 

5 

6 

7 

8 

9 

10 

II 

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 

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48 

49 

50 

51 

52 

53 

54 

55 

liv) Where a federal agency made a conformity determination based on a state or tribal 

commitment under Item (iil of Suboaragraph Ia) of Paragraph 151 of Subsection A of 20.11.4.158 NMAC and the 

state or tribe has not submitted a SIP covering the time period when the emissions will occur or is not scheduled to 

submit such a SIP within 18 months of the conformity determination. the state or tribe must. within 18 months. 

submit to EPA a revision to the existing SIP committing to include the emissions in the future SIP revision. 

(b) The action (or portion thereof), as determined by the MPO, is specifically included in a 

current transportation plan and transportation improvement program which have been found to conform to the 

applicable SIP under [21l.ll.J ~!MAC, 1'Fti~5fJeffl!lie~ CB":fo•w•il) ]40 CFR Part 51 Subpart T, or 40 CFR Part 93, 

Subpart A; 

(c) The action (or portion thereof) fully olfsets its emissions within the same nonattainrnent or 

maintenance area (or nearby area of equal or higher classification provided the emissions from that area contribute 

to the violations. or have contributed to violation in the past. in the area with the federal action) through a revision to 

the applicable SIP or an equally enforceable measure that effects emission reductions equal to or greater than the 

total of direct and indirect emissions from the action so that there is no net increase in emissions of that pollutant; 

(d) Where EPA has not approved a revision to the relevant SIP since the area was designated or 

reclassified. [attaifHB:eRt er maiateaanee Semense:atiea siaee 199Q,] the total of direct and indirect emissions from 

the action for the future years (described in Subsection D, of [21l.ll.4 .18] 20.11.4.159 NMAC) do not increase 

emissions with respect to the baseline emissions: 

(i) the baseline emissions reflect the historical activity levels that occurred in the 

geographic area affected by the proposed federal action during: l. [CaleREIO£ yeO£ t991l] The most current calendar 

year with a complete emission inventory available before an area is designated unless EPA sets another year. or; 2. 

[The ealeREIBf yeBf tl:tat is the Basis fur the elassifieatiea (er, \Vhen die elassifieatieR is BaseS eR fRt:dtit:tle )Sars, the 

tRest represeatative year), if a elassif.ieatiea is fJF8fHYlgateEI ia 4Q CFR Part 8 1] The emission budget in the 

applicable SIP; or 3. The year of the baseline inventory in the PM10 applicable SIP; 

(ii) the baseline emissions are the total of direct and indirect emissions calculated for the 

future years (described in Subsection D of[21l.lt.4. 18]20.11.4.159 NMAC) using the historic activity levels 

(described in Item (i) of Subparagraph (d), orParagraph (5), of Subsection A of [21l.ll.4.17] 20.11.4.158 NMAC) 

and appropriate emission factors for the future years; or 

(e) Where the action involves regional water [&ll<lief] !l!: wastewater projects, such projects are 

sized to meet only the needs of population projections that are in the applicable SIP. 

B. The area-wide [&ll<lief] or local air quality modeling analyses must: 

(I) meet the requirements in [21l.ll. U 8] 20.11.4.159 NMAC; and 

(2) show that the action does not: 

(a) cause or contribute to any new violation of any standard in any area, or 

(b) increase the frequency or severity of any existing violation of any standard in any area. 

C. Notwithstanding any other requirements of [!his sosliaa] 20.11.4.158 NMAC, an action subject to 

this regulation may not be determined to conform to the applicable SIP unless the total of direct and indirect 

emissions from the action is in compliance or consistent with all relevant requirements and milestones contained in 

the applicable SIP, such as elements identified as part of the reasonable further progress schedules, assumptions 

specified in the attainment or maintenance demonstration, prohibitions, numerical emission limits, and work practice 

requirements. 

D. Any analyses required under [!his sesliaR]20.11.4.158 NMAC must be completed, and any 

mitigation requirements necessary for a finding of conformity must be identified before the determination of 

conformity is made. {4/5/10 FR re: 40 CFR 93.158} 

[12/16/94 ... 12/l/95; 20.11.4.17 NMAC- Rn, 20 NMAC 11.04.11.6, 10/1/02] 

[lll.ll.4,18]20.11.4.159 PROCEDURES FOR CONFORMITY [Qii;TERMII'I,&TIQNS] DETERMINATION 

OF FEDERAL ACTIONS: 

A. The analyses required under [lhis Fegylaliaa] 20.11.4 NMAC must be based on the latest planning 

assumptions. 

( l) All planning assumptions (such as per capita water and sewer use, vehicle miles traveled per 

capita or per household, trip generation per household, vehicle occupancy, household size, vehicle fleet mix, vehicle 

ownership, woodstoves per household, and the geographic distribution of population growth) must be derived from 

the estimates of population, employment, travel, and congestion most recently approved by the MPO, or other 

agency authorized to make such estimates, where available. 

20.11.4 NMAC iiP* '~\akehehlu ~Review Draft t)'aQ'IQ 11/19/10 15 
I (2) Any revisions to these estimates used as part of the conformity determination, including projected 

2 shifts in geographic location or level of population, employment, travel, and congestion, must be approved by the 

3 MPO or other agency authorized to make such estimates for the urban area. 

4 B. The analyses required under [litis Pafl] 20.11.4 NMAC must be based on the latest and most 

5 accurate emission estimation techniques available as described below, unless such techniques are inappropriate. If 

6 such techniques are inappropriate, the federal agency may obtain [aR<i] written approval [ef] from the [EPA] 

7 regional administrator for EPA region VI [is e~taiReEI] for[~] a modification or substitution, [lltey may ee 

8 meoli!ieaer] of another technique [s..Sslitulea] on a case-by-case basis or, where appropriate, on a generic basis for 

9 a specific federal agency program. 

10 (I) For motor vehicle emissions, the most current version of the motor vehicle emissions model 

II specified by EPA and available for use in the preparation or revision of the applicable SIP must be used for the 

12 conformity analysis as specified in Subparagraph (a) and (b), of Paragraph (I), of Subsection B, of[2Q.II.4.18] 

13 20.11.4.159 NMAC: 

14 (a) the EPA must publish in the federal Register a notice of availability of any new motor 

15 vehicle emissions model; and 

16 (b) a grace period of three months shall apply during which the motor vehicle emissions model 

17 previously specified by EPA as the most current version may be used unless EPA announces a longer grace period 

18 in the federal register. Conformity analyses for which the analysis was begun during the grace period or no more 

19 than[~] three months before the federal register notice of availability of the latest emission model may 

20 continue to use the previous version of the model specified by EPA. 

21 (2) For non-motor vehicle sources, including stationary and area source emissions, the latest emission 

22 factors specified by EPA in the Compilation of Air Pollutant Emission Factors (AP-42, 

23 http://www.epa.gov/ttn/chiefs/efuac) must be used for the conformity analysis unless more accurate emission data 

24 are available, such as actual stack test data from stationary sources which are part of the conformity analysis. 

25 C. The air quality modeling analyses required under [litis regylalieR] 20.11.4 NMAC must be based 

26 on the applicable air quality models, data bases, and other requirements specified in the most recent version of the 

27 Guideline on Air Quality Models [(Revises)" (198~)]1Appendix W to 40 CFR Part 51), [iRelYEiiRg S"J'J!IORIORIB 

28 (~PA I'YblieatieR ne. 4)Q12 78 Q27R)], unless: 

29 (I) the guideline techniques are inappropriate, in which case the model may be modified or another 

30 model substituted on a case-by-case basis or, where appropriate, on a generic basis for a specific federal agency 

31 program; and 

32 (2) written approval of the EPA regional administrator is obtained for any modification or 

33 substitution. 

34 D. The analyses required under [litis regulatien """"1'1 Paragral'lt (I), ef S..SseelieR A, ef 2Q.II. 4 .17 

35 NMAb,] 20.11.4 NMAC, must be based on the total of direct and indirect emissions from the action and must 

36 reflect emission scenarios that are expected to occur under each of the foHowing cases: 

37 (1) [tHe Cl\::\ mtuuiateEl attaimHeRt yeaF eF, ifaftf'lieaBie, th:e fa:Ah:est year feF whish: emissieas are 

38 J3FejeeteS ia tfte maiateR&B:ee f'lBR] The attainment year specified in the SIP. or if the SIP does not specify an 

39 attainment year. the latest attainment year nossible under the Act or 

40 (2) The last year for which emissions are projected in the maintenance plan: 

41 [~]ill the year during which the total of direct and indirect emissions from the action is expected to 

42 be the greatest on an annual basis; and 

43 [~Jill any year for which the applicable SIP specifies an emissions budget. {40 CFR 93 .159} 

44 [12/16/94 ... 12/1/95; 20.11.4.18 NMAC ~ Rn, 20 NMAC 11.04.11.7, I 0/1/02] 

45 

46 (1Q,Il,U9]20.11.4.160 MITIGATION OF AIR QUALITY IMPACTS: 

47 A. Any measures that are intended to mitigate air quality impacts must be identified (such as the 

48 identification and quantification of all emission reductions claimed) and the process for implementation (such as any 

49 necessary funding of such measures and tracking of such emission reductions) and enforcement of such measures 

50 must be described, including an implementation schedule containing explicit time lines for implementation. 

51 B. Prior to determining that a federal action is in conformity, the federal agency making the 

52 conformity determination must obtain written conunitments from the appropriate persons or agencies to implement 

53 any mitigation measures, which are identified as conditions for making conformity determinations. [\lfFittea 

54 eemmitmeais sHall Sesefit:le sHeft mitigatiea measHFes anS tfte aaWFe eftHe eeHlRI:itmeRts, in a manneF eensisteat 

55 will! Subseetien A ef2Q.I1.4.2Q ~JHAC.] {40 CFR 93.160} 

20.11.4 NMAC ~PA I ~taliskalllu fubllt Review Draft 0'10'10 11/19/10 16 
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C. Persons or agencies voluntarily committing to mitigation measures to facilitate positive 

conformity determinations must comply with the obligations of such commitments. 

D. In instances where the federal agency is licensing. permitting or otherwise approving the action of 

another governmental or private entity, approval by the federal agency must be conditioned on the other entity 

meeting the mitigation measures set forth in the conformity determination. 

E. When necessary because of changed circumstances, mitigation measures may be modified so long 

as the new mitigation measures continue to support the conformity determination. Any proposed change in the 

mitigation measures is subject to the reporting requirements of [2Q.II :4 .14] 20.11.4.155 NMAC and the public 

participation requirements of [2Q.Il.4.13] 20.11.4.157 NMAC. 

F. Written commitments to mitigation measures must be obtained prior to a positive conformity 

determination and such commitments must be fulfilled. 

G. After a state or tribe revises its SIP or TIP and EPA approves that SIP revision. any agreements, 

including mitigation measures, necessary for a conformity determination will be both state or tribal and federally 

enforceable. Enforceability through the applicable SIP or TIP will apply to all persons who agree to mitigate direct 

and indirect emissions associated with a federal action for a conformity determination. {40 CFR 93.160 I 

[ 12/16/94 ... 12/1/95; 20.11.4.19 NMAC- Rn, 20 NMAC 11.04.11.8, 10/1/02] 

20.11.4.161 CONFORMITY EVALUATION FOR FEDERAL INSTALLATIONS WITH 

FACILITY-WIDE EMISSION BUDGETS: 

A. The state. local or tribal agency responsible for implementing and enforcing the SIP or TIP can in 

cooperation with federal agencies or third parties authorized by the agency that ooerate installations subject to 

federal oversight develop and adopt a facilitv-wide emission budget to be used for demonstrating conformity under 

Paragraph (I) of Subsection A of20.11.4.158 NMAC. The facility-wide budget must meet the following criteria. 

(I) Be for a set time oeriod. 

[2) Cover the pollutants or precursors of the pollutants for which the area is designated nonattainment 

or maintenance. 

13) Include specific quantities allowed to be emitted on an annual or seasonal basis. 

(4) The emissions from the facility along with all other emissions in the area will not exceed the 

emission budget for-the area. 

(5) Include specific measures to ensure compliance with the budget. such as periodic reporting 

requirements or compliance demonstration. when the federal agency is taking an action that would otherwise require 

a conformitv determination. 

(6) Be submitted to EPA as a SIP revision. 

(71 The SIP revision must be approved by EPA. 

B. The facility-wide budget developed and adopted in accordance with Subsection A of 20.11.4.161 

NMAC can be revised by following the requirements in Subsection A of20.11.4.161 NMAC. 

C. Total direct and indirect emissions from federal actions in conjunction with all other emissions 

subject to general conformity from the facility that do not exceed the facility budget adopted pursuant to Subsection 

A of20.1 I .4.161 NMAC are "presumed to conform" to the SIP and do not require a conformity analysis. 

D. If the total direct and indirect emissions from the federal actions in conjunction with the other 

emissions subject to general conformity from the facility exceed the budget adopted pursuant to Subsection A of 

20.11.4.161 NMAC. the action must be evaluated for conformity. A federal agency can use the compliance with the 

facilitv-wide emissions budget as part of the demonstration of conformity. i.e .. the agency would have to mitigate or 

offset the emissions that exceed the emission budget. 

E. If the SIP for the area includes a category for construction emissions. the negotiated budget can 

exempt construction emissions from further conformity analysis. {4/5/1 0 FR re: 40 CFR 93.161} 

[20.11.4.20 NMAC, N, XX/XX/XX] 

20.11.4.162 EMISSIONS BEYOND THE TIME PERIOD COVERED BY THE SIP: 

If a federal action would result in total direct and indirect emissions above the applicable thresholds which would be 

emitted beyond the time period covered by the SIP. the Federal agency can: 

A. demonstrate conformity with the last emission budget in the SIP: or 

B. request the state or tribe to adopt an emissions budget for the action for inclusion in the SIP. The 

. 20.11.4 NMAC KP t '~talutuhiMr Public Review Draft 9'210'10 11/19{10 17 
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state's or tribe's ability to require RACT. RACM or any other control measures within the state's or tribe's authority 

to ensure timely attainment of the NAAQS. {4/5/10 FR, re: 40 CFR 93.162} 

[20.11.4.21 NMAC, N, XX/XX/XX] 

20.11.4.163 TIMING OF OFFSETS AND MITIGATION MEASURES: 

A. The emissions reductions from an offset or mitigation measure used to demonstrate conformitv 

must occur during the same calendar year as the emission increases from the action except. as provided in 

Subsection B of 20.11.4.163 NMAC. 

B. The State or tribe may approve emissions reductions in other years provided: 

( 1) The reductions are greater than the emission increases by the following ratios: 

(a) extreme nonattainment areas: 1.5: l 

(b) severe nonattainment areas: 1.3: I 

(c) serious nonattairunent areas: 1.2: I 

(d) moderate nonattainment areas: 1.15:1 

(e) all other areas: 1.1: I. 

(2) The time period for completing the emissions reductions must not exceed twice the period of the 

cmtsstons. 

(3) The offset or mitigation measure with emissions reductions in another year will not: 

(a) cause or contribute to a new violation of any air qualitv standard. 

(b) increase the frequency or severity of any existing violation of any air gualitv standard: or 

(c) delay the timely attairunent of any standard or any interim emissions reductions or other 

milestones in any area. 

C. The approval by the state or tribe of an offset or mitigation measure with emissions reductions in 

another year does not relieve the state or tribe of any obligation to meet any SIP or CAA milestone or deadline. The 

approval of an alternate schedule for mitigation measures is at the discretion of the State or Tribe. and they are not 

required to approve an alternate schedule. { 4/5/ I 0 FR, re: 40 CFR 993.163} 

[20.11.4.22 NMAC, N, XX/XX/XX] 

20.ll.4.164 INTER-PRECURSOR MITIGATION MEASURES AND OFFSETS: 

Federal agencies must reduce the same tvne pollutant as being increased by the federal action except the state or 

tribe may aPProve offsets or mitigation measures of different precursors of the same criteria pollutant. if such trades 

are allowed by a state or tribe in a SIP or TIP aonroved new source review regulation. is technically justified. and 

has a demonstrated environmental benefit. {4/5/10 FR, re: 40 CFR 93.164} 

[20.11.4.23 NMAC, N, XX/XX/XX] 

20.ll.4.165 EARLY EMISSION REDUCTION CREDIT PROGRAMS AT FEDERAL FACILITIES 

AND INSTALLATION SUBJECT TO FEDERAL OVERSIGHT: 

A. Federal facilities and installations subject to federal oversight can. with the approval of the state or 

tribal agency responsible for the SIP or TIP in that area. create an early emissions reductions credit program. The 

federal agency can create the emission reduction credits in accordance with the requirements in Subsection B of 

20.11.4.165 NMAC and can used them in accordance with Subsection C of20.11.4.l65 NMAC. 

B. Creation of emission reduction credits, 

( l l Emissions reductions must be quantifiable through the use of standard emission factors or 

measurement techniques. If non-standard factors or techniques to guantifv the emissions reductions are used. the 

federal agency must receive approval from the state or tribal agency responsible for the implementation of the SIP or 

TIP and from EPA's Region VI Office. The emission reduction credits do not have to be quantified before the 

reduction strategy is implemented. but must be quantified before the credits are used in the general confonnitv 

evaluation. 

(2) The emission reduction methods must be consistent with the applicable SIP or TIP attainment and 

reasonable further progress demonstrations. 

(3 l The emissions reductions cannot be required by or credited to other applicable SIP or TIP 

provisions. 

( 4 l Both the state or tribe and federal air quality agencies must be able to take legal action to ensure 

continued implementation of the emission reduction strategy. In addition. private citizens must also be able to 

initiate action to ensure compliance with the control requirement. 

20.11.4 NMAC i:P t '~talisll&hhr l.ubJk Review Draft O'iiO'lU 11/19/10 18 
1 (5) The emissions reductions must be permanent or the timeframe for the reductions must be 

2 specified. 

3 ( 6) The federal agency must document the emissions reductions and provide a copy of the document 

4 to the state or tribal air quality agency and the EPA region VI office for review. The documentation must include a 

5 detailed description of the emission reduction strategy and a discussion of how it meets the requirements of 

6 Paragraphs (I) through (5) of Subsection B of20.11.4.165 NMAC. 

7 C. Use of emission reduction credits. The emission reduction credits created in accordance with 

8 Subsection B of 20.11.4.165 NMAC can be used. subject to the following limitations. to reduce the emissions 

9 increase from a federal action at the facility for the conformity evaluation. 

10 (!) If the technique used to create the emission reduction is implemented at the same facility as the 

II federal action and could have occurred in conjunction with the federal action. then the credits can be used to reduce 

12 the total direct and indirect emissions used to determine the applicability of the regulation as required in 20.11.4.153 

13 NMAC and as offsets or mitigation measures required by 20.11.4.158 NMAC. 

14 (2) If the technique used to create the emission reduction is not implemented at the same facility as 

15 the federal action or could not have occurred in conjunction with the federal action. then the credits cannot be used 

16 to reduce the total direct and indirect emissions used to determine the applicability of the regulation as required in 

17 20.11.4.153 NMAC. but can be used to offset or mitigate the emissions as required by 20.11.4.158 NMAC. 

18 (3) Emissions reductions credits must be used in the same year in which they are generated. 

19 (4) Once the emission reduction credits are used. they cannot be used as credits for another 

20 conformity evaluation. However. unused credits from a strategy used for one conformity evaluation can be used for 

21 another conformity evaluation as long as the reduction credits are not double counted. 

22 (5) Federal agencies must notify the state or tribal air quality agency responsible for the 

23 implementation of the SIP or TIP and the EPA region VI office when the emission reduction credits are being used. 

24 {4/5/10 FR, re: 40 CFR 93.165} 

25 [20.11.4.24 NMAC, N, XX/XX/XX] 

26 

27 HISTORY OF 20.ll.4 NMAC: 

28 Pre-NMAC History: The material in [this j!I!R] 20.11.4 NMAC was derived from that previously filed with the 

29 commission of public records- state records center and archives. 

30 Regulation No. 43, General Conformity, 12/16/94. 

31 

32 History of Repealed Material: [Reserved] 

33 

34 Other History: Regulation No. 43, General Conformity, filed 12/16/94 was renumbered and reformatted into 

35 first version of the New Mexico Administrative Code as 20 NMAC 11.04, General Conformity, filed 10-27·95. 

36 20 NMAC 11.04, General Conformity, filed 10-27-95 was renumbered, reformatted, amended and replaced by 

37 20.11.4 NMAC, effective 1011/02. 

20.ll.4 NMAC i.P '.;I italuh:shhr £.uh.liJ: Review Draft 0 1lQ 1lQ 11/19/10 19 
1/19/2011 ABQjourna Legals 

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ALBUQUERQUE-BERNALILLO COUN1Y AIR QUALI1Y CONTROL 

BOARD NOTICE OF HEARING AND REGULAR MEETING On 

February 9, 201 I, at 5:30pm, the AbtKJuerque-Bemalilh County Air Quality 

Control Board (Air Board) will rnki a public hearing in the Vincent E. Griego 

Chambers heated in the basement level of the AlbtK}uerque-BernaJilb Cmmty 

Govenunent Center, 400 Marquette Avenue NW, AlbtKJuerque, NM. The 

hearing will address: Proposal to rurend 20.11.4 NMAC, General 

ConfOrmity, and to incorporate an amended 20.11.4 NMAC into the New 

Mexico State Implementatim P1an (SIP) fur air quality. On March 24, 2010, 

the EPA revf;ed their General ConfOrmity Rule, which became effuctive on 

July 6, 2010 [FR Vol 75, No. 64, 17254-79, 4/5/10}. In response, the Air 

Quality Divisi>n (AQD) of the City of AlbtKJuerque's Environmertal Health 

Department, is proposing rurendrrents to the current Air Quality Control 

Board regulation, 20.11.4 NMAC, General Conrormity in order to confOrm 

to these recent federal ru1e changes. General confOrmity is an important 

provf;bn ofthe Clean Air Act Arrendments of 1990 (Act). Secti>n 176(c) of 

the Act clearly illustrates the intent of Congress with respect to this program 

by explicitly requiring federal actions to confurm to the applicable State 

Implementati>n Plan (SIP), and defines a confOrming state acti>n as one that 

does not: 1) cause or contnbute to a new vi>lation of any health-based air 

quality standard in any area; 2) increase the severity or frequency of an 

existing vi>lati>n of any standard in any area; or 3) delay timely attairnnent of 

any standard, required interim ernissbn reduction or other rrnlestone in any 

area. 'The intent ofthe Act's General Confunnity provf;bn is to encourage a 

process where federal agencies wouki work with their counterparts at the 

state and heal levels to coordinate review of projects wrnse air quality 

impacts are rea~ but which do not fit neatly into the stationary source ''box," 

where applicable processes and requirerrents are rrore well-defined. 

Examples of covered acti>ns inchxie airport construction or expansbn 

Folbwing the hearing, the Air Board will rnki its regular rronthly meeting 

during which the Air Board is expected to consder adopting the proposed 

arrendrrents to 20.11.4 NMAC, General Confurmity, and incorporating the 

rurended regu]atbn into the SIP. The Air Board~ the fuderaftydelegated air 

quality autmrity fi:>r AlbtK}uerque and Bemalilb County. Local delegation 

~ auth>riz.es the Air Board to ad11'lini'iter and enfOrce the CAA and the New 

clip Mexico Air Quality Control Act, and to require heal air polh.i:i:m sources to 

legals.abqjournal.com/legals/ .. ./ dipped ... 1/2 
1/19/2011 ABQjourna Legals 

corrply with air quality standards and regulatims. Hearings and meetings of 

the Air Board are open to the public and an interested persons are 

encouraged to participate. An 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 evilence, data, views and argwnents, orally or 

in writing, to introduce exhilits and to examine witnesses in accordance with 

the Joint Air Quality Control Board Ordinances, Sectim 9-5-1-6 ROA 1994 

and Bemalilb CoWJty Ordinance 94-5, Section 6. Anyone intending to 

present technical testimony is required by 20.11.82 NMAC, Rulernaking 

Procedures- AQCB, to submit a written Notice Oflntent (NO!) be:IOre 5:00 

pm on January 25, 2011 to: Attn: February Hearing Record, Ms. Janice 

Wright, Albuquerque Environmental Heahh Department, P .0. Box 1293, 

Albuquerque, NM 87103, or in person in Room 3023, 400 Marquette 

Avenue NW. The NO! shan identifY the person's name, address and 

afliliatiln In addition, written comments to be incorporated into the public 

record should be received at the above P.O. Box, or Environmental Heahh 

Department office, be:IOre 5:00pm on February 2, 2011. The comments shan 

include the name and address of the indivilual or organjzatiln submitting the 

statement. Written comments may also be submitted electronically to 

jcwright@cabq.gov and shan include the required name and address 

infurmatiln Interested persons may obtain a copy of the proposed regulation 

at the Enviromnental Heahh Department Office, or by contacting Ms. Janice 

Wright, Albuquerque Environmental Heahh Department, P .0. Box 1293, 

Albuquerque, NM 87103, or by phone 768-2601, or by e-mail at 

jcwright@cabq.gov, or by downloading a copy fium the City of Albuquerque 

Air Quality Divisiln website. NOTICE FOR PERSON WITH 

DISABILITIES: If you have a disability and/or require special assistance 

please can (505) 768-2600 [Voice] and special assistance will be made 

available to you to review any public meeting documents, including agendas 

and minutes. TIY 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 Journat December 12, 2010. 

Published on December 12, 2010 

legals.abqjournal.com/legals/ ... /dipped ... 2/2 
New Mexico Register I Volume XXI, Number 24/ December 30,2010 

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD 

NOTICE OF HEARING AND REGULAR MEETING 

On February 9, 2011, 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 AlbuquerqueBernalillo County Government Center, 400 Marquette Avenue NW, Albuquerque, NM. 

The hearing will address: Proposal to amend 20.11.4 NMAC, General Conformity, and to incorporate an amended 

20.11.4 NMAC into the New Mexico State Implementation Plan (SIP) for air quality. 

On March 24, 2010, the EPA revised their General Conformity Rule, which became effective on July 6, 2010 [FR 

Vol. 75, No. 64, 17254-79, 4/5/1 0}. In response, the Air Quality Division (AQD) of the City of Albuquerque's 

Environmental Health Department, is proposing amendments to the current Air Quality Control Board regulation, 

20.11.4 NMAC, General Conformity in order to conform to these recent federal rule changes. 

General conformity is an important provision of the Clean Air Act Amendments of 1990 (Act). Section 176(c) of 

the Act clearly illustrates the intent of Congress with respect to this program by explicitly requiring federal actions 

to conform to the applicable State Implementation Plan (SIP), and defines a conforming state action as one that does 

not: 1) cause or contribute to a new violation of any health-based air quality standard in any area; 2) increase the 

severity or frequency of an existing violation of any standard in any area; or 3) delay timely attainment of any 

standard, required interim emission reduction or other milestone in any area. 

The intent of the Act's General Conformity provision is to encourage a process where federal agencies would work 

with their counterparts at the state and local levels to coordinate review of projects whose air quality impacts are 

real, but which do not fit neatly into the stationary source "box," where applicable processes and requirements are 

more well-defined. Examples of covered actions include airport construction or expansion. 

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 20.11.4 NMAC, General 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 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 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 January 25, 2011 to: Attn: February Hearing Record, 

Ms. Janice Wright, Albuquerque Environmental Health Department, P .0. 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. 

In addition, written comments to be incorporated into the public record should be received at the above P.O. Box, or 

Environmental Health Department office, before 5:00pm on February 2, 2011. The comments shall include the 

name and address of the individual or organization submitting the statement. Written comments may also be 

submitted electronically to jcwrightCiVcabg.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 Ms. Janice Wright, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, 

NM 87103, or by phone 768-2601, or by e-mail at jcwright@cabg.gov, or by downloading a copy from the City of 

Albuquerque Air Quality Division website. 
New Mexico Register I Volume XXI, Number 24/ December 30, 2010 

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 
Pagel of3 

'Aqb EXHIBIT 

Butt, Neal T. I '1 

----~---------------------•i J~C 

From: City of Albuquerque-Air Quality Division Ucwright@cabq.gov] I! 

Sent: Friday, December 10, 2010 8:55AM 

To: Butt, Neal T. 

Subject: 20.11.4 NMAC, General Conformity Legal Notice for Hearing 

Follow Up Flag: Follow up 

Flag Status: Green 

20.11.4 NMAC, General Conformity Legal 

Notice for Hearing 

ALBUQUERQUE-BERNALILLO COUNTY AIR 

QUALITY CONTROL BOARD NOTICE OF HEARING 

AND REGULAR MEETING 

On February 9, 2011, 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 

Government Center, 400 Marquette A venue NW, Albuquerque, 

NM. 

The hearing will address: Proposal to amend 20.11.4 NMAC, 

General Conformity, and to incorporate an amended 20.11.4 

NMAC into the New Mexico State Implementation Plan (SIP) 

for air quality. 

On March 24, 20 l 0, the EPA revised their Genera] Conformity 

Rule, which became effective on July 6, 2010 [FR Vol. 75, No. 

64, 17254-79, 4/5/1 0]. In response, the Air Quality Division 

(AQD) of the City of Albuquerque's Environmental Health 

Department, is proposing amendments to the current Air Quality 

Control Board regulation, 20.11.4 NMAC, General Conformity 

in order to conform to these recent federal rule changes. 

General conformity is an important provision of the Clean Air 

Act Amendments of 1990 (Act). Section 176(c) of the Act 

clearly illustrates the intent of Congress with respect to this 

program by explicitly requiring federal actions to conform to the 

applicable State Implementation Plan (SIP), and defmes a 

1/24/2011 
conforming state action as one that does not: I) cause or 

contribute to a new violation of any health-based air quality 

standard in any area; 2) increase the severity or frequency of an 

existing violation of any standard in any area; or 3) delay timely 

attainment of any standard, required interim emission reduction 

or other milestone in any area. 

The intent of the Act's General Conformity prov1s1on is to 

encourage a process where federal agencies would work with 

their counterparts at the state and local levels to coordinate 

review of projects whose air quality impacts are real, but which 

do not fit neatly into the stationary source "box," where 

applicable processes and requirements are more well-defined. 

Examples of covered actions include airport construction or 

expansiOn. 

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 20.11.4 NMAC, 

General 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 

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 

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 Oflntent (NO!) before 5:00pm on January 25, 

2011 to: Attn: February Hearing Record, Ms. Janice Wright, 

Albuquerque Environmental Health Department, P.O. Box 

1293, Albuquerque, NM 87103, or in person in Room 3023, 400 

Marquette Avenue NW. The NO! shall identifY the person's 

name, address and affiliation. 

In addition, written comments to be incorporated into the public 

record should be received at the above P .0. Box, or 

1/24/2011 

Page 2 of3 
Environmental Health Department office, before 5:00pm on 

February 2, 2011. The comments shall include the name and 

address of the individual or organization submitting the 

statement. Written comments may also be submitted 

electronically to jcwright@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 Ms. Janice Wright, Albuquerque Environmental 

Health Department, P.O. Box 1293, Albuquerque, NM 87103, 

or by phone 768-2601, or by e-mail at jcwright@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 

Forward email 

181 SofeUnsubscribe® 

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CitY of Albuquerque 1 One Civic Plaza NW 1 Albuquerque I NM I 87102 

I /24/201 I 

Page 3 of3 

Email Marketing by 

·-.r".55 

CtwDfllriiCaiCIIct' 

TRY IT FREE 
Butt, Neal T. 

From: Riley .Jeffrey@epamail.epa.gov 

Sent: Thursday, October 07, 2010 4:16PM 

To: Butt, Neal T. 

Pagel of2 

'J\Ql)EXHIBIT 

; 3 0, 

I 

Cc: Shar.AJan@epamail.epa.gov; Donaldson.Guy@epamail.epa.gov; Wright, Janice C.; Nieto, 

Margaret 

Subject: RE: Publication of Final Rule- Revisions to the General Conformity Regulations 

Follow Up Flag: Follow up 

Flag Status: Green 

Good Afternoon Neal, 

Thanks again for the opportunity to review this draft revision. EPA Region 6 has no comments, it looks 

like a very thorough incorporation of the revised federal rule into 20.11.4 NMAC. 

As always, your promptness in developing this revision is appreciated! 

Jeffrey Riley 

US EPA - Region 6 

Multimedia Planning 

and Permitting Division 

(214 )66 5-8542 

riley .jeffrey@epa.gov 

From: 

To: 

Cc: 

"Butt, Neal T." <NButl@cabq.gov> 

Jeffrey Riley/R6/USEPAIUS@EPA 

Guy Donaldson/R6/USEPA/US@EPA, Alan Shar/R6/USEPAIUS@EPA, "Nieto, Margaret • <mnieto@cabq.gov>, "Wright. Janice 

C." <jcwright@cabq.gov> 

Date: 09/20/2010 10:15 AM 

Subject. RE: Publication of Final Rule- Revisions to the General Conformity Regulations 

Jeff, 

Attached is the EPA Review Draft of 20.11.4 NMAC, General Conformity. The Air Quality 

Division intends on filing the Petition to Amend this rule on 11/23/10, and to go to hearing 

on 2/9/11. Please review and comment by November 15, 2010. 

Thank you 

Neal 

1124/2011 
The mind is not<"'~ vc:ssel th<'lt needs ~illing, but wood that needs ignitmg. 

--flut<>rch 

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

Sent: Monday, April 05, 2010 9:05 AM 

Page 2 of2 

To: Hile, Mike; McCorkle, Mark; Yasoob Zia; Butt, Neal T.; Gail Cooke; Ashford, Leon; Bradley, Cheryl; 'koy 

howard' 

Subject: Publication of Final Rule - Revisions to the General Conformity Regulations 

Good Morning, 

Today, EPA has published a final rule revising the General Conformity regulations. This action will become 

effective on July 6, 2010. The Federal Register notice and accompanying fact sheet are attached below. 

Please pass this information along to any interested parties. Thanks! 

Jeffrey Riley 

US EPA- Region 6 

Multimedia Planning 

and Permitting Division 

(214)665-8542 

riley.jeffrey@epa.gov[attachment "20_11_ 4 NMAC EPA- Stakeholder Review Draft 9-20-1 O.doc" deleted by 

Jeffrey Riley/R6/USEPA/US] 

1/24/2011 
Butt, Neal T. 

From: 

Sent: 

To: 

Cc: 

~D EXHIBIT 

I 3t 

Clark, Melissa B Civ USAF AFMC 377 MSG/CEANC [Melissa.Ciark@kirtland.af.mil] 

Wednesday, November 10, 2010 8:23AM 

Butt, Neal T. 

Dann, Jennifer L Civ USAF AFMC 377 MSG/CEANC 

Subject: RE: Stakeholder Review Draft for 20.11.4 NMAC, General Conformity 

Signed By: There are problems with the signature. Click the signature button for details. 

Follow Up Flag: Follow up 

Flag Status: Purple 

Attachments: Kirtland AFB Comments_20.11.4 NMAC Stakeholder review draft_1 0Nov1 O.doc 

Neal, 

Page I of3 

Please find attached Kirtland AFB comments on the stakeholder review draft for 20.11.4 NMAC, General 

Conformity. 

Thank you, 

Melissa 

//SIGNED// 

Melissa Clark 

Air Program Manager 

377 MSG/CEANC 

Phone: (505) 853-1588 

DSN: 263-1588 

Fax: (505) 853-6970 

email: melissa.clark@kirtland.af.mil 

From: City of Albuquerque-Air Quality Division [mailto:nbutt@cabq.gov] 

Sent: Tuesday, September 21, 2010 11:3S AM 

To: Clark, Melissa B Civ USAF AFMC 377 MSG/CEANC 

Subject: Stakeholder Review Draft for 20.11.4 NMAC, General Conformity 

Availability of Stakeholder Review Draft of 

20.11.4 1\JMAC, General Conformity 

1/24/201 I 

Newsletter Subtitle 

Month Year 
Dear Stakeholders, 

On March 24,2010, the EPA revised their General Conformity 

regulation [FR Vol. 75, No. 64, 17254-79, 4/5/10]. General 

conformity is an important provision of the Clean Air Act (Act) 

Amendments of 1990. Section 176(c) of the Act clearly 

illustrates the intent of Congress with respect to this program by 

explicitly requiring federal actions to conform to the applicable 

State Implementation Plan (SIP), and defines a conforming state 

action as one that does not: I) cause or contribute to a new 

violation of any health-based air quality standard in any area; 2) 

increase the severity or frequency of an existing violation of 

any standard in any area; or 3) delay timely attainment of any 

standard, required interim emission reduction or other milestone 

many area. 

The intent of the Act's General Conformity provision is to 

encourage a process where federal agencies would work with 

their counterparts at the state and local levels to coordinate 

review of projects whose air quality impacts are real, but which 

do not fit neatly into the stationary source "box," where 

applicable processes and requirements are more well-defined. 

Examples of covered actions include airport construction or 

expansion. 

In response, The City of Albuquerque Air Quality Division 

(AQD) is proposing amendments to the current Air Quality 

Control Board regulation, 20.11.4 NMAC, General Conformity 

in order to conform to these recent federal rule changes. The 

Stakeholder Review Draft is available on the AQD website. 

The AQD respectfully requests that stakeholders provide 

comments on this draft by November 15, 20 I 0. Comments can 

be sent electronically to nbutt@cabq.gov, or delivered to Neal 

Butt, c/o Air Quality Division, Environmental Health Dept., PO 

Box 1293, One Civic Plaza NW, Albuquerque, NM 87103; 

(505) 768-2660. 

Thank you for your interest. 

Neal Butt 

Environmental Health Scientist 

1/24/2011 

Page 2 of3 
• 

Air Quality Division 

nbutt@cabq.gov 

(505) 768-2660 

Forward email 

This email was sent to melissa.clark@kirtland.af.mil by nbutt@cabg.gov. 

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City of Albuquerque I One Civic Plaza NW I Albuquerque I NM 1 87102 

1124/2011 

Page 3 of3 

Email Marketinq b-. 
Kirtland AFB Comments 

20.11.4 NMAC General Conformity Stakeholder Review Draft (20 September 201 0) 

9 November 2010 

I. 20.11.4.2(A)(l)- change to read" ... implementation plan and/or approved maintenance 

plan." 

2. 20.11.4.2(A)(2)- change to read" ... implementation plan or maintenance plan in 

accordance ... " 

3. 20.11.4.2(A)(4) - change to read" ... implementation plan or an approved maintenance plan 

does not exempt. . .implementation plan, NEPA, or the Clean ... " 

4. 20.11.4.6 - the proposed changes discuss applicability with agencies and/or organizations 

that receive funds under Title 23 USC or 49 USC. It does not address other entities that do 

not receive funds under Title 23 or 49. 

5. 20.11.4.7(1)- change to read" ... applicable implementation or maintenance plan and ... " 

6. 20.11.4.7(0)- Emergency definition includes "military mobilizations." However there is no 

discussion or explanation of what is included in "military mobilization." Recommend adding 

a phrase indicating what is meant by military mobilization or adding a separate definition for 

military mobilization. 

7. 20.11.4.7(T)- this is rather expansive. This definition would include the issuance of real 

estate documents to other federal agencies. Recommend deleting the reference to licenses 

and permits. 

8. 20.11.4.153(C)(2) -recommend adding "emergency/backup generators" to this list of federal 

actions not covered by the section. 

9. 20.11.4.153(D)- recommend adding "emergency/backup generators" to this list of federal 

actions not requiring a conformity determination. 

10. 20.11.4.153(0)(3)- change to read" ... applicable SIP and/or approved maintenance plans 

and the state ... " 

II. 20.11.4.153(H)- change to read" ... set forth in Paragraphs ... " 

12. 20.11.4.153(H)(2)- change to read" ... state, local or tribal air agencies ... " 

13. 20.11.4.153(I)(l) -change to read " ... EPA approved SIP and/or maintenance plan and the 

emissions . .. " 

14. 20.11.4.153(I)(2) - Smoke Management Plan (SMP) is identified for the first time. 

Recommend adding a definition in 20.11.4.7. 

15. 20.11.4.155(C) -recommend deleting 3'd sentence beginning with "Subject to applicable ... " 

1 of 1 
Butt, Neal T. 

From: Butt, Neal T. 

Sent: Friday, November 19, 2010 10:48 AM 

To: 'Clark, Melissa B Civ USAF AFMC 377 MSG/CEANC' 

Cc: Dann, Jennifer L Civ USAF AFMC 377 MSG/CEANC; Nieto, Margaret; Leonard, Mary Lou; 

Tavarez, Isreal L.; Kearny, Adelia W. 

Subject: RE: Stakeholder Review Draft for 20.11.4 NMAC, General Conformity 

Follow Up Flag: 

Flag Status: 

Follow up 

Purple 

Attachments: COA AQD response to KAFB comments 20 11 4 NMAC 11-19-10.pdf; AK 20 11 4 NMAC 

Public Review Draft 11-19-10.doc - - - -

COA AQD AK 20_11_ 4 

nse to KAFB corrAC Public RevieVI 

Melissa, 

Find attached Air Quality Division's response to KAFB's comments, as well as the Public 

Review Draft showing changes made to address KAFB's comments. Hard copy to follow. 

Thanks, 

Neal 

•Full fathom five thy father lies; 

Of his bones are coral made; 

Those are pearls that were his eyes: 

Nothing of him that doth fade, 

But doth suffer a sea-change 

Into something rich and strange. 

Sea-nymphs hourly ring his knell: 

Ding-dong. 

Hark! now I hear themr-Ding-dong, bell.~ 

William Shakespeare- The Tempest -Ariel's Song 

-----Original Message-----

From: Clark, Melissa B Civ USAF AFMC 377 MSG/CEANC [mailto:Melissa.Clark@kirtland.af.mil] 

Sent: Monday, November 15, 2010 10:53 AM 

To: Butt, Neal T. 

Subject: RE: Stakeholder Review Draft for 20.11.4 NMAC, General Conformity 

Thanks Neal. Will follow up with him again to see if he has had a chance to address your 

other question. 

//SIGNED// 

Melissa Clark 

Air Program Manager 

377 MSG/CEANC 

Phone : ( 50 5 ) 8 53 -15 8 8 

DSN: 263-1588 

Fax: (505) 853-6970 

email: melissa.clark@kirtland.af.mil 

1 
-----Original Message-----

From: Butt, Neal T. [mailto:NButt@cabq.gov] 

Sent: Monday, November 15, 2010 10:52 AM 

To: Clark, Melissa B Civ USAF AFMC 377 MSG/CEANC 

Subject: RE: Stakeholder Review Draft for 20.11.4 NMAC, General Conformity 

Melissa, 

I have crafted language to address "Mobilization" {see below). My main issue is what does 

Comment #4 mean, and what is his suggested language? 

Thanks, 

Neal'. 

[J.]O. "Emergency" means a situation where extremely quick action on the part 

of the federal agencies involved is needed and where the timing of such federal activities 

makes it impractical to meet the requirements of [this Part] 20.11.4 NMAC, such as natural 

disasters like hurricanes or earthquakes, civil disturbances such as terrorist acts, and 

military mobilizations such as assembling and organizing troops and materiel for the 

defense of a nation in time of war or national emergency. 

-----Original Message-----

From: Clark, Melissa B Civ USAF AFMC 377 MSG/CEANC [mailto:Melissa.Clark@kirtland.af.mil] 

Sent: Monday, November 15, 2010 10:49 AM 

To: Butt, Neal T. 

Subject: RE: Stakeholder Review Draft for 20.11.4 NMAC·, General Conformity 

Hi Neal, 

We don't have a citation for the definition of "military mobilization" 

for comment #6. I just spoke with our Legal and he just wanted to know 

what the City defined as a "military mobilization". Would it help if we 

tried to come up with something for the definition? 

Thanks, 

Melissa 

//SIGNED// 

Melissa Clark 

Air Program Manager 

377 MSG/CEANC 

Phone: (505) 853-1588 

DSN: 263-1588 

Fax: (505) 853-6970 

email: melissa.clark@kirtland.af.mil 

-----Original Message-----

From: Butt, Neal T. [mailto:NButt@cabq.gov] 

Sent: Friday, November 12, 2010 2:30 PM 

To: Clark, Melissa B Civ USAF AFMC 377 MSG/CEANC 

Cc: Dann, Jennifer L Civ USAF AFMC 377 MSG/CEANC 

Subject: RE: Stakeholder Review Draft for 20.11.4 NMAC, General 

Conformity 

Melissa, 

what do you mean by comment #4? 

2 
do you have a citation for the definition of "military rnobilizationn for 

comment # 6 

Thanks, 

Neal 

"It's a job that's never started that takes the longest to finish." 

-J.R.R. Tolkien 

From: Clark, Melissa B Civ USAF AFMC 377 MSG/CEANC 

[mailto:Melissa.Clark@kirtland.af.rnil] 

Sent: Wednesday, November 10, 2010 8:23 AM 

To: Butt, Neal T. 

Cc: Dann, Jennifer L Civ USAF AFMC 377 MSG/CEANC 

Subject: RE: Stakeholder Review Draft for 20.11.4 NMAC, General 

Conforrni ty 

Neal, 

Please find attached Kirtland AFB comments on the stakeholder review 

draft for 20.11.4 NMAC, General Conformity. 

Thank you, 

Melissa 

//SIGNED// 

Melissa Clark 

Air Program Manager 

3 77 MSG/CEANC 

Phone: (505) 853-1588 

DSN: 263-1588 

Fax: (505) 853-6970 

email: rnelissa.c1ark@kirtland.af.rnil 

3 
From: City of Albuquerque-Air Quality Division [mailto:nbutt@cabq.gov] 

Sent: Tuesday, September 21, 2010 11:35 AM 

To: Clark, Melissa B Civ USAF AFMC 377 MSG/CEANC 

Subject: Stakeholder Review Draft for 20.11.4 NMAC, General Conformity 

Image removed by sender. City of Albuquerque 

Availability of Stakeholder Review Draft of 20.11.4 NMAC, General 

Conformity 

Newsletter Subtitle 

Month Year 

Dear Stakeholders, 

On March 24, 2010, the EPA revised their General Conformity regulation 

[FR Vol. 75, No. 64, 17254-79, 4/5/10]. General conformity is an 

important provision of the Clean Air Act (Act) Amendments of 1990. 

Section 176(c) of the Act clearly illustrates the intent of Congress 

with respect to this program by explicitly requiring federal actions to 

conform to the applicable State Implementation Plan (SIP), and defines a 

conforming state action as one that does not: 1) cause or contribute to 

a new violation of any health-based air quality standard in any area; 2) 

increase the severity or frequency of an existing violation of any 

standard in any area; or 3) delay timely attainment of any standard, 

required interim emission reduction or other milestone in any area. 

The intent of the Act's General Conformity provision is to encourage a 

process where federal agencies would work with their counterparts at the 

state and local levels to coordinate review of projects whose air 

quality impacts are real, but which do not fit neatly into the 

stationary source nbox," where applicable processes and requirements are 

more well-defined. Examples of covered actions include airport 

construction or expansion. 

In response, The City of Albuquerque Air Quality Division (AQD) is 

proposing amendments to the current Air Quality Control Board 

regulation, 20.11.4 NMAC, General Conformity in order to conform to 

these recent federal rule changes. The Stakeholder Review Draft 

<http://r20.rs6.net/tn.jsp?llr=84bqvsdab&et=1103704815482&s=5182&e=001LU 

hSu2IMy241DIW0noorlYkJLw6-48bVmz1El-KWnWQjHzjS-kEKibRhJh-mrAHbWPDmPD4FzR 

do_3za83DRGyuONMC6ipXuv_B-4wMRkNOXlz9VnAqzN4b1wmnUJ6lB_vcG06BOQXsaxO-wP2 

_tBRtZWNzXMRhrJ6QQvRy6SZKe66dGVfUJ5A877KiUbJ6iSmrYLXG9ADC-pnJSb6aklsbLP3 

WVuSPKmh3VcN6uq48m_PNj1Lxa-x8MbGtz3Ws4GlTNpADx8I4qusS215DX2g==> is 

available on the AQD website. The AQD respectfully requests that 

stakeholders provide comments on this draft by November 15, 2010. 

Comments can be sent electronically to nbutt@cabq.gov, or delivered to 

Neal Butt, c/o Air Quality Division, Environmental Health Dept., PO Box 

1293, One Civic Plaza NW, Albuquerque, NM 87103; (505) 768-2660. 

4 
Thank you for your interest. 

Neal Butt 

Environmental Health Scientist 

Air Quality Division 

nbutt@cabq.gov 

(505) 768-2660 

Forward email 

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City of Albuquerque I One Civic Plaza NW I Albuquerque I NM I 87102 

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5 
CITY OF 1\.LBUQVERQUE 

PO Box 1293 

Albuquerque 

NM B7103 

www.cabq.gov 

November 19, 2010 

Melissa Clark 

Air Program Manager 

377 MSG/CEANC 

2050 Wyoming Blvd, SE 

Bldg 20685, Suite 114 

Kirtland AFB NM, 87117 

Re: COA/AQD Response to KAFB Comments on Stakeholder Review Draft for 20.11.4 

NMAC 

Dear Melissa 

Thank you and your colleagues for the comments on our proposed rule. We have 

attempted to address your concerns point-by-point below. If you have any further 

conunents, please let me know. 

Sincerely, 

Environmental Health ~ ...... ~-­

Air Quality Division 

Environmental Health Department 

cc: 

Margaret Nieto, Control Strategies Supervisor, Air Quality Division 

Mary Lou Leonard, Director, Environmental Health Department 

1 
Air Quality Division responses to KAFB comments regarding 20.11.4 NMAC, 

received 11110/10. 

KAFB 

I. 20.11.4.2(A)(l) -change to read" ... implementation plan and/or approved maintenance plan." 

AQD 

We concur and have made the change. 

KAFB 

2. 20.11.4.2(A)(2)- change to read" ... implementation plan or maintenance plan in accordance .. " 

AQD 

We concur and have made the change. 

KAFB 

3. 20.11.4.2(A)(4)- change to read" ... implementation plan or an approved maintenance plan 

does not exempt ... implementation plan, NEPA, or the Clean ... " 

AQD 

We concur and have made the change. 

KAFB 

4. 20.11.4.6 - the proposed changes discuss applicability with agencies and/or organizations that 

receive funds under Title 23 USC or 49 USC. It does not address other entities that do not receive 

funds under Title 23 or 49. 

AQD 

We do not understand what change you wish to have made to the proposed draft. Please clarify. 

KAFB 

5. 20.11.4.7(!)- change to read" ... applicable implementation or maintenance plan and ... " 

AQD 

We concur and have made the change. 

KAFB 

6. 20.11.4.7(0)- Emergency definition includes "military mobilizations." However there is no 

discussion or explanation of what is included in "military mobilization." Recommend adding a 

phrase indicating what is meant by military mobilization or adding a separate definition for military 

mobilization. 

2 
AQD 

We concur and have made the change. 

KAFB 

7. 20.11.4. 7(T) -this is rather expansive. This definition would include the issuance of real estate 

documents to other federal agencies. Recommend deleting the reference to licenses and permits. 

AQD 

We disagree. The proposed language is taken verbatim from 40 CFR 93.152. Modifying this 

language could reduce the stringency of the federal rule. No change made. 

KAFB 

8. 20.11.4.153(C)(2)- recommend adding "emergency/backup generators" to this list of federal 

actions not covered by the section. 

AQD 

We disagree. We believe that if 'emergency/backup generators' are to be excluded, then they 

would have to be excluded pursuant to 20.11.4.C.(l) NMAC (see below), and therefore do not 

warrant a special exclusion. No change made. 

KAFB 

"C. The requirements of [this Part] 20.11.4 NMAC shall not apply to the following 

federal actions: 

(I) actions where the total of direct and indirect emissions are below the 

emissions levels specified in Subsection B, of[20.11.4.12]20.11.4.153 NMAC." 

9. 20.11.4.153(D) -recommend adding "emergency/backup generators" to this list of federal 

actions not requiring a conformity determination. 

AQD 

We disagree. The proposed language is taken verbatim from 40 CFR 93.153.(d). Modifying this 

language could reduce the stringency of the federal rule. No change made. 

KAFB 

I 0. 20.11.4.153(G)(3)- change to read" ... applicable SIP and/or approved maintenance plans and 

the state ... " 

AQD 

We concur and have made the change. 

KAFB 

II. 20.11.4.153(H)- change to read " ... set forth in Paragraphs ... " 

3 
AQD 

We concur and have made the change. 

KAFB 

12. 20.11.4.153(H)(2)- change to read " ... state, local or tribal air agencies ... " 

AQD 

We disagree. The proposed language is taken verbatim from 40 CFR 93.153.(h).(2). Modifying 

this language could reduce the stringency of the federal rule. No change made. 

KAFB 

13. 20.11.4.153(!)( l)- change to read" ... EPA approved SIP and/or maintenance plan and the 

emissions . .. " 

AQD 

We concur and have made the change. 

KAFB 

14. 20.11.4.153(1)(2)- Smoke Management Plan (SMP) is identified for the first time. 

Recommend adding a definition in 20.11.4.7. 

AQD 

We concur and have made the change. 

KAFB 

15. 20.11.4.155(C) -recommend deleting 3rrl sentence beginning with "Subject to applicable ... " 

AQD 

We disagree. The proposed language is taken verbatim from 40 CFR 93.155.(c). Modifying this 

language could reduce the stringency of the federal rule. No change made. 

4 
' !iD EXHIBIT 

i Lf1 

[Direct Testimony for Hearing to amend 20.11.4 NMAC, General Conformity] 

Slide I Caption 

Thank you Chairman Deichman, and members of the Board. My name is Neal Butt. I 

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

Section. I am here 

IN THE MA ITER OF THE PETITION TO AMEND 20.11.4 NMAC, GENERAL 

CONFORMITY, AND INCORPORATE SAID AMENDMENTS INTO THE NEW 

MEXICO STATE IMPLEMENTATION PLAN FOR AIR QUALITY(SIP) 

AQCB Petition No. 2010-5 

SLIDE 2 

So what is General Conformity? 

General conformity is an important provision of the Clean Air Act Amendments of 1990 

(Act). Section 176(c) of the Act clearly illustrates the intent of Congress with respect to 

this program by explicitly requiring federal actions to conform to the applicable State 

Implementation Plan (SIP), and defines a conforming state action as one that does not: I) 

cause or contribute to a new violation of any health-based air quality standard in any 

area; 2) increase the severity or frequency of an existing violation of any standard in any 

I 
area; or 3) delay timely attainment of any standard, required interim emission reduction 

or other milestone in any area. 

The intent of the Act's General Conformity provision is to encourage a process where 

federal agencies would work with their counterparts at the state and local levels to 

coordinate review of projects whose air quality impacts are real, but which do not fit 

neatly into the stationary source "box," where applicable processes and requirements are 

more well-defined. Examples of covered actions include airport construction or 

expansion and dredging shipping channels. 

SLIDE 3 Reason for Proposed Amendments to 20.11.4 NMAC, General Conformity 

On March 24, 20 I 0, the EPA revised their General Conformity Rule, which 

became effective on July 6, 2010 [FR Vol. 75, No. 64, 17254-79, 4/5/1 0]. These rules 

implement Clean Air Act provisions prohibiting federal agencies from taking actions that 

may cause or contribute to violations of the national ambient air quality standards 

(NAAQS). 

In response, the Air Quality Division (AQD) of the City of Albuquerque's Environmental 

Health Department, is proposing amendments to the current Air Quality Control Board 

regulation, 20.11.4 NMAC, General Conformity in order to comply with these recent 

federal rule changes. 

SLIDE 4 Changes to General Conformity 

2 
This revised rule improves the process federal entities use to demonstrate that their 

actions will not contribute to a NAAQS violation, provides tools to encourage better 

communication and air quality planning between states and federal agencies, and 

encourages both the federal agencies and the states to take early actions to ensure projects 

will conform to the state's plans to implement the NAAQS. These plans are known as 

state implementation plans or SIPs. 

To meet General Conformity requirements, federal entities must demonstrate that 

emissions from their actions will not exceed emission budgets established in a state's 

plan to attain or maintain the NAAQS. 

SLIDE 5 Changes to General Conformity 

The final rule: establishes requirements that will allow federal facilities expecting future 

expansion or modifications to negotiate a facility-wide emission budget with the 

applicable state air quality agencies. Actions taken that do not exceed these budgets 

conform to the SIP and do not need a conformity determination; 

SLIDE 6 Changes to General Conformity 

The final rule: incorporates an early emission reduction credit program for all agencies 

that follow the Airport Early Emission Reduction guidance developed jointly by EPA and 

3 
the Federal Aviation Administration. This program encourages emission reduction 

actions on federal installations by providing emission reduction credits that can be used 

to demonstrate conformity for subsequent actions on the facility; 

SLIDE 7 Changes to General Conformity 

The final rule: allows emissions of one precursor pollutant to be offset by the reduction 

of emissions of another precursor pollutant. For example both oxides of nitrogen and 

volatile organic compounds are ozone precursors- they are emitted and then react in the 

atmosphere to form ground-level ozone. In an area that does not meet EPA's groundlevel ozone standard, reductions in nitrogen oxide emissions could be offset by 

reductions of volatile organic compounds; 

SLIDE 8 Changes to General Conformity 

The final rule: allows alternative schedules for mitigating emission increases where state 

air quality agencies can accommodate temporary emission increases in exchange for 

long-term or permanent emission reductions; 

SLIDE 9 Changes to General Conformity 

The final rule: removes requirements for federal agencies to conduct conformity 

determinations for "regionally significant" actions. Such actions have emissions greater 

4 
than I 0 percent of the emissions inventory for a nonattainment area. These analyses have 

been conducted for 16 years and have never shown an action to interfere with attainment 

or maintenance of a NAAQS. 

SLIDE 10 Changes to General Conformity 

The final rule: lists categories of actions that federal agencies can presume to conform. 

The final rule also allows states to establish "presumed to conform" lists for actions in 

their state; 

SLIDE 11 Request 

This hearing has been legally noticed as shown by AQD Exhibits 2a, 2b, and 2c. 

Comments were received from EPA and Kirtland Air Force Base, shown as AQD 

Exhibits 3a and 3c respectively. The Division has responded to these comments as 

shown as AQD Exhibit 3c. 

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 20.11.4 NMAC, General 

Conformity, as shown in AQD Exhibit# Ia, and submit said amendments to U.S. 

Environmental Protection Agency (EPA) as a revision to the SIP. 

SLIDE 12 Questions 

5 
That concludes my testimony, and I stand for questions 

6 
ALBUQUERQUE-BERNALILLO COUNTY 

AIR QUALITY CONTROL BOARD 

ChQir, Jens Delchmann, County 

Mr. Steve Baca, County 

Mr. Art Sharpe, City 

Vice ChQir, Dr. Margaret Menache, County 

Mr. Augustine Grace Ill, PE, City 

Mr. Jack Sullivan, City 

Dr. Dona Upson, City Non-voting members: Mr. George Castillo, BCPC Liaison and Margaret 

Nieto, COAJAQD, Secretary to the Board 

Date: February 9, 2011 (Wednesday) Location: 

Time: 5:30p.m. Vincent E. Griego Chamber 

Albuquerque-Bernalillo County General inquires regarding this agenda may be directed to Janice Wright (505) 768-2601 Government Center 

(jnvrigh t(a,cabq .go 11 ). One Civic Plaza NW 

For documents related to each agenda item, please go to Albuquerque, NM 87102 

htto:/iwww. cabq. (!ov/ aimuali tv/aacb/ events/F ebruarv-9-201 l/ 

Hearing 

Petition to Amend 20.11.4 NMAC, General Conformity, and Incorporate an Amended 20.11.4 

NMAC into the New Mexico State Implementation Plan for Air Quality (SIP) (AQCB Petition 

No. 2010-5) 

Regular Monthly Meeting Draft Agenda 

CALL TO ORDER 

Item #1 Approval of Agenda (Chair) 

Item #2 Approval of 1 anuary 12, 20 I 0 Meeting Minutes (Chair) 

PUBLIC COMMENT 

ACTION ITEMS 

Item #3 Decision on Petition to Amend 20.11.4 NMAC, General Conformity, and 

Incorporate an Amended 20.11.4 NMAC into the New Mexico State 

Implementation Plan for Air Quality (SIP) (AQCB Petition No. 2010-5) 

Item #4 Request for a hearing on Petition to Amend 20.11.46 NMAC, Suljilr Dioxide 

Emissions Inventory Requirements; Western Backstop Sulfur Dioxode Trading 

Program, and Incorporate an Amended 20.11.46 NMAC into the New Mexico 

State Implementation Plan (SIP) for Air Quality (AQCB Petition No. 2011-1) 

REPORTs· Division Report and monthly Air Quality website update. Staff available for 

questions. 

OTHER BUSINESS 

ADJOURNMENT 

NEXT SCHEDULED BOARD MEETING: March 9, 2011 5:30p.m. 

U1 
Members of the public who wish to address the Board, may do so by signing up with the Board Clerk and indicating 

either the agenda item they intend to address, or whether they wish to make a general public comment. Sign up 

must occur prior to the Board's consideration of each item. Each person will be given up to two minutes to speak. 

••Notice to persons with disabilities: If you have a disability and require special assistance to participate in this 

process, please call 3 I I (Voice) and special assistance will be made available to you to receive any public meeting 

documents, including agendas and minutes. T7Y users may request special assistance by calling 1-800-659-

8331 .•• 
ATTACHMENT D 

Attachment Dis a copy of the Hearing Record Transcripts for February 9, 2011 
AQCB HEARING, 2/9/11 

1 

2 

3 

1 

BE~ORE THE ALBUQUERQUE-BERNALILLO COUNTY 

AIR QUALITY CONTROL BOARD 

AQCB Petition NO. 2010-5 

1 

2 

EXHIBITS 

MARKED/ADMITTED 

AQO EXHIBIT: 

IN THE MATTER OF THE PETITION TO AMEND 20.11.4 NMAC, 3 

4 GENERAL CONFORMITY, AND INCORPORATE SAID AMENDMENTS 

INTO THE NEW MEXICO STATE IMPLEMENTATION PLAN (SIP) FOR 

5 AIR QUALITY. 

6 

Air Quality Division 

7 Environmental Health Department 

City of Albuquerque, Petitioner 

B 

9 

10 

11 

HEARING AND MEETING BEFORE AIR QUALITY CONTROL BOARD 

12 

13 

14 

15 

16 BE IT REMEMBERED that on the 9th day of 

17 February, 2011, this matter came on for hearing before 

18 BILL GRANTHAM, Hearing officer, at the vincent E. 

19 Griego Chambers of the Albuquerque-Bernalillo county 

20 Government Center, one Civic Plaza, NW, Albuquerque, 

21 New Mexico, at the hour of 5:37 p.m. 

22 

23 

24 

25 

1 APPEARANCES 

2 For the Albuquerque-Bernalillo county Air Quality 

Control Board: 

3 

OR. MARGARET MENACHE, Vice Chairman 

4 MR. AUGUST GRACE III, PE, county 

MR. JACK SULLIVAN, City 

5 MR. ART SHARPE, City 

MR. STEVE BACA, County 

6 DR. DONA UPSON, 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, NM 87102 

12 

13 

I N 0 E X PAGE 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

opening Remarks by Mr. Grantham 4 

NEAL BUTT 

Direct Testimony 6 

Examination by the Board 11 

1. Petition to Amend 20.11.4 NMAC, 

4 General conformity 

5 1a. Public Review craft 20.11.4 NMAC, General 

conformity, (Attached to AQD Exhibit 1) 

6 

11 

11 

2a/b/c. Notices of Proposed Rulemaking 11 

7 J 

3a/b/c. comments Received from EPA, (3a); 

8 comments Received from Kirtland Air Force 

Base, (3b); and AQO's Response to Kirtland 

9 Air Force Base, (3c) 11 

10 4. Direct Testimony 

11 5. Draft Agenda 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

4 

11 

11 

1 MR. GRANTHAM: Good evening. I will go ahead 

2 and call this meeting to session. This public hearing 

3 is being held on February 9th, 2011, in the vincent E. 

4 Griego Chambers of the A 1 buquerque-Bernal i 11 o county 

5 Government center in Albuquerque, New Mexico. The time 

6 is 5:37 p.m. 

7 This is a hearing of the 

8 Albuquerque-Bernalillo county Air Quality control Board 

9 to consider a petition by the Air Quality Division to 

10 amend 20.11.4 NMAC, General conformity, and incorporate 

11 those amendments into the New Mexico State 

12 Implementation Plan. 

13 I am Bill Grantham. I am an attorney. And I 

14 advise the Board, but I am not a member of the Board. 

15 I have been authorized by the Board to conduct this 

16 hearing. The members present at this public hearing at 

17 this time are Mr. Gus Grace, or. Margaret Menache, Mr. 

18 Art Sharpe, Mr. Jack Sullivan, and Dr. oona Upson. 

19 we will begin this hearing with the testimony 

20 of the proponent, the Air Quality Division of the 

21 Albuquerque Environmental Health Department, and no 

22 other parties have entered an appearance in this 

23 hearing. However, if you would like to testi_fy or make 

24 public comment at this hearing, please sign up with Ms. 

25 wright here at the front table. 

KATHY TOWNSEND COURT REPORTERS 

505-243-5018 
AQCB HEARING, 2/9/11 

5 

1 After the Division's testimony, we will take 

2 comment from the public. Air Board hearings do not 

3 follow the rules of evidence as used in a court of 

4 law. However, it is important to remember that the 

5 Board must make its decisions based on the sworn 

6 testimony and evidence admitted at this hearing and 

7 that the sworn testimony will become part of the 

8 record. 

9 so, again, if you would like to testify and 

10 have your testimony on the record, please sign up at 

11 this time. Everyone who testifies will be sworn in by 

1 Implementation Plan for air quality, SIP. This will be 

2 under Air Quality Control Board Petition Number 

3 2010-5. 

4 so what is General Conformity? General 

5 conformity is an important provision of the clean Air 

6 Act Amendments of 1990. section 176(c) of the Act 

7 clearly illustrates the intent of congress with respect 

8 to this program by explicitly requiring federal actions 

9 to conform to the applicable State Implementation Plan 

10 and defines a conforming state action as one that does 

11 not, one, cause or contribute to a new vio 1 ation of any 

12 the court reporter before giving testimony and must 12 health-based air quality standard in any area; two, 

13 identify him or herself for the record and indicate 13 increase the severity or frequency of an existing 

14 whether you represent another person or organization. H violation of any standard in any area; or, three, delay 

15 And after each witness has testified, the Air 15 timely attainment of any standard, required interim 

16 Board members and I may ask questions of the witness. 16 emission reduction, or other milestone in any area. 

17 After that, if there are questions from members of the 17 The intent of the Act's Genera 1 Conformity 

18 public of the witness regarding the testimony of that 18 provision is to encourage a process where federal 

19 witness, 1 will allow such questions. 19 agencies would work with their counterparts at the 

20 After the hearing closes tonight, a quorum of 20 state and local levels to coordinate review of projects 

21 the Board is present, so the Board will hold its 21 whose air quality effects are real, but which do not 

22 regular monthly meeting. And an agenda item at that 

23 meeting is consideration of whether to adopt the 

22 fit neatly into the "box" where applicable processes 

23 and requirements are more well-defined. Examples of 

2q proposals, the proposed amendments that are the subject 24 covered actions include airport construction or 

25 of this hearing. 25 expansion and dredging shipping channels. 

6 

1 I must instruct the Board that in making its 

2 regulation in accordance with the Air Quality control 

3 Act, section 74-2-S(E), the Board shall give weight it 

4 deems appropriate to all facts and circumstances, 

5 including but not limited to, one, the character and 

6 degree of injury to or interference with health, 

7 welfare, visibility of property; and, nwo, the public 

8 interest, including the social and economic value of 

9 the sources and those subject to air contaminants. 

10 And I will note at this time, Member Baca has 

11 also joined the hearing. 

12 with that, Mr. Butt, you may proceed to be 

13 sworn in and give testimony for the Division. 

1q NEAL BUTT 

15 after having been first duly sworn under oath, 

16 testified as follows: 

17 DIRECT TESTIMONY 

18 MR. BUTT: Thank you, Mr. Hearing officer, 

19 vice Chairman Menache, and members of the Board. My 

20 name is Neal Butt and I am an Environmental Health 

8 

1 On March 24th, 2010, the EPA revised their 

2 General conformity Rule, which became effective on July 

3 6th, 2010. These rules implement the Clean Air Act 

4 provisions prohibiting federal agencies from taking 

5 actions that may cause or contribute to violations of 

6 the NMQS. 

7 In response, the Air Quality Division of the 

8 City of Albuquerque's Environmental Health Department 

9 is proposing amendments to the current Air Quality 

10 Control Board regulation, 20.11.4 NMAC, entitled 

11 ''General conformity," in order to comply with these 

12 recent federal rule changes. 

13 This revised rule improves the process 

1q federal entities use to demonstrate that their actions 

15 will not contribute to a NAAQS violation, provides 

16 tools to encourage better communication and air quality 

17 planning between states and federal agencies, and 

18 encourages both the federal agencies and the states to 

19 take early actions to ensure projects will conform to 

20 the state's plans to implement the NMQS. These plans 

21 scientist with the Air Quality Division, control 21 are also known as "State Implementation Plans," or 

22 strategies section. 22 SIPs. 

23 1 am here in the matter of the petition to 23 To meet General Conformity requirements, 

2q amend 20.11.4 NMAC, General confonmity, and incorporate 2q federal entities must demonstrate that emissions from 

25 said amendments into the New Mexico state 25 their actions will not exceed emission budgets 

KATHY TOWNSEND COURT REPORTERS 

505-243-5018 
AQCB HEARING, 219/11 

' 

1 established in a state's plan to attain or maintain the 

2 NMQS. 

3 The final rule establishes requirements that 

4 will allow federal facilities expecting future 

s expansion or modifications to negotiate a facility-wide 

6 emission budget with the applicable state air quality 

7 agencies. Actions taken that do not exceed these 

a budgets conform to the SIP and do not need a conformity 

9 determination. 

10 The final rule incorporates an early emission 

11 reduction credit program for all agencies that follow 

12 the Airport Early Emission Reduction guidance which was 

13 developed jointly by EPA and the Federal AViation 

14 Administration. This program encourages emission 

15 reduction actions on federal installations by providing 

16 emission reduction credits that can be used to 

17 demonstrate conformity for subsequent actions on the 

18 facility. 

19 The final rule allows emissions of one 

20 precursor pollutant to be offset by the reduction of 

21 emissions of another precursor pollutant. For example, 

22 both oxides of nitrogen and volatile organic compounds 

23 are ozone precursors, they are emitted and then react 

24 in the atmosphere to form ground-level ozone. In an 

25 area that does not meet EPA's ground-level ozone 

lO 

1 standard, reductions in nitrogen oxide emissions could 

2 be offset by reductions of volatile organic compounds. 

3 The final rule also allows alternative 

4 schedules for mitigating emission increases where state 

5 air quality agencies can accommodate temporary emission 

6 increases in exchange for long-term or permanent 

7 emission reductions. 

8 The final rule removes requirements for 

9 federal agencies to conduct conformity determinations 

10 for "regionally significant" actions. Such actions 

11 have emissions greater than 10 percent of the emissions 

12 inventory for a nonattainment area. These analyses 

13 have been conducted for 16 years and have never shown 

14 an action to interfere with attainment or maintenance 

15 of NMQS. 

16 The final rule lists categories of actions 

17 that federal agencies can prepare to conform. The 

18 final rule also allows states to establish "presumed to 

19 conform" lists for actions in their state. 

20 This hearing has been legally noticed as 

21 shown by AQD Exhibits la, 2b, and lc. comments were 

11 

1 Therefore, the Environmental Health 

2 Department of the City of Albuquerque, by and through 

3 the Air Quality Division, asks the 

4 Albuquerque-Bernalillo County Air Quality control Board 

5 to adopt amendments to 20.11.4 NMAC, General 

6 conformity, as shown in AQO Exhibit 1a, and submit said 

7 amendments to the U.s. Environmental Protection Agency 

8 as a revision to the SIP. 

9 And that concludes my testimony and I stand 

10 for questions. And I would ask that Exhibits 1 through 

11 5 be admitted. 

12 MR. GRANTHAM: Thank you, Mr. Butt. Exhibits 

13 1 through 5 are admitted. 

14 (AQO Exhibits 1 through 5 admitted.) 

15 

16 

17 

MR. GRANTHAM: Questions from the Board? 

MR. BACA: No questions. 

MR. GRANTHAM: or. Menache? 

18 EXAMINATION 

19 BY THE BOARD: 

20 oR. MENACHE: sort of more of a big picture 

21 thing, it seems like a lot of this -- this is relating 

22 to federal activities within the Albuquerque-Bernalillo 

23 area that would not normally be subject to our 

24 regulations, is that sort of where it fits in? 

25 MR. BUTT: vice chairman Menache, no. The 

l2 

1 gist of it is, general conformity, as I may have 

2 mentioned v.tlen I did the petition, is analogous to 

3 transportation conformity. Both these rules affect us 

4 because we are in a maintenance area for NAAQS 

5 pollutants. If we were not in maintenance or we were 

6 in nonattainment for a NAAQS pollutant, both Part 3 and 

7 Part 4 would be irrmaterial to us. 

8 so similar to transportation conformity, 

9 general conformity requires that projects, large 

10 federal projects, have to conform to your carbon 

11 monoxide SIP and don't exacerbate the levels of co and 

12 don't violate the NAAQS. 

13 And so transportation conformity has to do 

14 with the Metropolitan Transportation Plan, which you'll 

15 hear about later. so that transportation projects 

16 cannot insult the levels of co in the air shed, that 

17 has to conform, those two documents have to conform, 

18 transportation conformity and the MTP have to conform, 

19 and that affects road projects. 

20 similar here, if you're going to do a runway 

21 with federal dollars, then it's going to have to 

22 received from EPA and Kirtland Air Force Base, shown as 22 conform to your co SIP, and if and when we ever go into 

23 AQD Exhibits 3a and 3c respectively. The Division has 23 nonattainment for ozone and we develop an ozone SIP, 

24 responded to these co0111ents as shown in AQD Exhibit 24 same thing, road projects are going to have to conform 

25 3c. 25 with Part 3, and large federal projects, like dredging 

KATHY TOWNSEND COURT REPORTERS 

505-243-5018 
AQCB HEARING, 2/9/11 

]] 

1 shipping channels, which doesn't matter here, but it's 

2 an example, or if you are building a new runway, are 

3 going to have to conform and they are going to have to 

4 follow everything in that rule. And since I have been 

5 here, we have not had to use Part 4, but if they have 

6 to do another runway, then it will kick in. 

7 DR. MENACHE: All right. And then because my 

8 other question was related to in the first section, 

15 

1 agenda tonight, which is our decision on the Petition 

2 to Amend 20.11.4 NMAC, General conformity, and 

3 Incorporate an Amended 20.11.4 NMAC into the New Mexico 

4 State Implementation Plan for Air Quality, SIP, 

5 Albuquerque Air Quality control Board Petition Number 

6 2010-5, Air Quality control Board Resolution 2011-1. 

7 Is there any discussion? 

a All right. At this point, then, I will read 

9 4.2, where it refers to the scope, it says that it 9 the motion to approve the amendment, and this is 

10 applies to all nonattainment and maintenance areas, and 10 Resolution Number 2011-1, Adopting an Amended 20.11.4 

11 I wondered what that meant about everything else, but I 11 NMAC, General conformity, and submitting an Amended 

12 guess it means that everything else is not part of it 12 20.11.4 NMAC to EPA as a Revision to the New Mexico 

13 on purpose, that this is only invoked when you are in 13 state Implementation Plan, SIP, for Air Quality. 

14 maintenance or in nonattainment? 14 whereas, the New Mexico Air Quality control 

15 MR. BUTT: vice chairman Menache, that's 

16 correct. If we were in attainment and not in 

17 maintenance or not in containment for anything, then 

18 both transportation conformity and general conformity 

19 would not be in effect. 

20 DR. MENACHE: And if they wanted to build a 

21 runway and everything was in attainment, they would 

22 just go into the standard permitting processes? 

23 

24 

25 

MR. BUTT: That's my understanding. 

DR. MENACHE: Okay. Thank you. 

MR. GRANTHAM: Questions from other members 

14 

15 Act, the Air Act, NMSA 74-2-5, requires the 

16 Albuquerque-Bernalillo county Air Quality control 

17 Board, the "Air Board," to "adopt, promulgate, publish, 

18 amend, and repeal regulations consistent with the Air 

19 Quality control Act to attain and maintain national 

20 ambient air quality standards and prevent or abate air 

21 pollution, including regulations prescribing air 

22 standards" within Bernalillo county, and to meet 

23 requirements of the united States clean Air Act, the 

24 city of Albuquerque and Bernalillo county Joint Air 

25 Quality control Board ordinances and the 

16 

1 of the Board? I had one question regarding the deleted 1 Albuquerque-Bernalillo county Air Quality control 

2 language under the "objectives" section under 2 Board, the "Air Board," regulations; and whereas, on 

3 20.11.4.6(B) --or, actually, (C). It excludes some 3 February 9th, 2011, the Air Board held a public hearing 

4 federal actions where NEPA has complied whh -- the 4 in the vincent E. Griego chambers, on the basement 

5 National Environmental Policy ACt -- has complied with 5 level of the Albuquerque-Bernalillo county Government 

6 EPA, and my question is, that language that's stricken 6 center, one civic Plaza, Northwest, in Albuquerque, New 

7 in that paragraph there, is that moved to elsewhere in 7 Mexico, and the hearing was held consistent with the 

8 the rule, or is it just no longer applicable? 8 notice requirements of the New Mexico Air Quality 

9 MR. BUTI: Mr. Hearing officer, the 9 control Act, and 20.11.82 NMAC, "Rulemaking 

10 applicable portions have been moved to 20.11.4, down 10 procedures," for the Air Quality control Board; and 

11 to, in "Scope," paren 4 talks about NEPA. 11 Whereas, on February 9th, 2011, the Air Board met and 

12 MR. GRANTHAM: Okay. Thank you. YeS, I 

13 looked for that and didn't find it. so thanks. 

H Any other questions from the Board? 

15 Any questions from members of the audience 

16 directed to the Division? 

17 And is there anybody signed up for conment? 

18 okay. unless there are any objections to 

19 closing the hearing, I will close it at this time. so 

20 the hearing is closed at 5:53 p.m. 

21 

22 

Thank you. 

OR. MENACHE: I would like to call the 

23 regular monthly meeting of the Albuquerque-Bernalillo 

24 county Air Quality control Board to order at 5:54p.m. 

12 determined that 20.11.4 NMAC, "General conformity,'' 

13 should be amended, and that the amended 20.11.4 NMAC 

14 should be submitted to EPA as a revision to the New 

15 Mexico State Implementation Plan for Air Quality; and 

16 whereas, at the February 9th, 2011, public hearing, 

17 testimony was presented to establish a present need, or 

18 a reasonably anticipated future need, which exists to 

19 warrant taking the fo11owing actions to help prevent or 

20 abate air pollution. 

21 Now, therefore, be it resolved by the Board 

22 that, one, Regarding 20.11.4 NMAC, General conformity, 

23 as proposed in the Air Quality Division Exhibit 1a, 

24 which was admitted at the February 9th, 2011, hearing, 

25 we move then to the first action item on our 25 is hereby adopted; two, The Board hereby directs staff 

KATHY TOWNSEND COURT REPORTERS 

505-243-5018 
AQCB HEARING, 219/11 

17 

1 to take all actions necessary to submit the amended 

2 regulation to EPA as a revision to the SIP; three, The 

3 effective date of the amended 20.11.4 NPIIAC, General 

conformity, shall be March 14th, 2011; and, four, staff 

5 ;s hereby directed to submit the amended 20. 11.4 NMAC, 

6 General conformity, to the State Records center in the 

7 format currently required by the State Records Center, 

8 without changing the substance of the amendments as 

9 adopted by the Air Board on February 9th, 2011. 

10 Is there a second to that motion? 

11 

12 

13 

" 15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

at this 

favor, 

MR. BACA: Second. 

DR. MENACHE: second by Member Baca. 

Is there any discussion? 

All right. Having no request for discussion 

moment, we wi 11 vote on this motion. All in 

please say "aye." 

MR, SHARPE: Aye. 

OR. UPSON: Aye. 

OR. MENACHE: Aye. 

MR. GRACE: Aye. 

MR. BACA: Aye. 

MR. SULLIVAN: Aye. 

DR. MENACHE: The motion passes unanimously. 

(Proceedings concluded at 5:59 p.m.) 

18 

1 STATE OF NEW MEXICO 

2 

J 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 1 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 14th day of February, 2011. 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Original Signed 

oe.b¥ .tt~ tJ ic~~JS:opan License Expiration: 12/31/11 

KATHY TOWNSEND COURT REPORTERS 

505-243-5018 
AQCB HEARING, 2/9/11 

__ T ___ ------ . -------------- ---·--·--,---------

# i 13:5, 14:11 admitted [51- 5:6, alloWOJ31- 9:19, 10:3, 

---- -··14.2[1[-13:9 11:11,11:13,11:14, 10:18 

16"24 alternative 111-10:3 

#124[1[-18:19 ____ S _____ ado~tJ3[-5:23,11:5, amblent[1[-15:20 

· - 15:17 AMEND111 -1:3 

1 adopted 121-16:25, amend J3J- 4:10, 

--...1 5[4[- 3:11,11:11, 17:9 6:24,15:18 

11:13,11:1 4 Adoptlng[1[-15:10 Amend[2[-3:3,15:2 1 [5[- 3:3, 3:5, 11:10, 

11:13,11:14 

10[1[-10:11 

11 [7[ -2:17,3:4,3:5, 

3:6,3:9,3:10.3:11 

12/31/11 [1[ -18:20 

14th[2[-17:4, 18:15 

18 [1[- 10:13 

178(c 111- 7:6 

1990 [1[- 7:6 

1a[3[-3:5, 11:6. 

16:23 

5:37 1

21-1:21, 4:6 advlse[1J- 4:14 Amended [3[- 15:3, 

5:53111-1 4:20 affec!J1J-12:3 15:10,15:11 

5:54[11 -1 4:24 affecla[1J -12:19 amendod[5J -16:13, i 5:59111-17:24 agenciHJ91 -7:19, I 17:1, 17:3, 17:5 

~-- ----------- 8·4 8·17 8·18 9·7 amendment111 -15:9 

I 6 9:1;, ;O:S, ;o:9,.' Amendmenla[1J-7:6 

I 

10:17 AMENDMENTS 111 -

s 111 _ 2:16 Agency[1J -11:7 1:4 

2 

~:~~-~ 37 ____ ;;~~;;:~;~~~,~:· ! :I::[Ifn~~~: · AIRJ3J-1"1, 1:5,1:11 ,

1

• analyses[~[-10:12 

__ 74-2-5[1[-15:15 alrJ12[-6:9, 7:1,7:12, ANDJ2[-1.4, 1.11 

1 74-2-5(E 111- 6:3 7:21, 8:16, 9:6, 10:5, I anticipated 111- 16:18 

20.11.4[17[- 1:3, 3:3, [-- ------ 12:16, 15:20, 15:21, · appearsnce[1J- 4:22 

3:5. 4:10, 6:24, 8:10, ' 8 16:20 applicable 151- 7:9, 

11:5, 14:10, 15:2, r-- ------------------- Alr(40J- 1:6, 2:2, 3:8, 7:22, 9:6, 14:8, 

15:3,15:10.15:12, 187102[1[-2:11 3:9,4:8,4:9,4:20. 14:10 

16:12. 16:13. 16:22. .

1 

__ 5:2,5:15,6:2,6:21, applles[1J- 13:10 

17:3, 17:5 g 7:2.7:5, 8:3, 8:7. appropriate 111-6:4 

20.11.4.8(BJ1J-14:3 I __ ···-·---------- 8:9,10:22,11:3, approve[1J-15:9 

20.11.82[1[-16:9 I 11:4,14:24,15:4, AQCB[1[-1:2 

2010[2[-8:1,8:3 ! 9th[1J-1:16,4:3, 15:5,15:6,15:13, AQD[7J-3:2,3:5, 

2010-5[3[- 1:2.7:3, . 16:3, 16:11, 16:16, 15:14, 15:15, 15:16, 10:21, 10:23, 10:24, 

15:6 16:24,17:9 15:17, 15:18,15:23, 11:6,11:14 

2011191- 1:17.4:3, 15:24, 16:1, 16:2, AQD'al1l _ 3:8 

16:3. 16:11, 16:16, A 16:3, 16:8, 16:10, araa[7J -7:12,7:14, 

16:24. 17:4.17:9. 

1

______________ 16:11.16:15. 16:23. 7:16.9:25. 10:12. 

18:15 17:9 11:23,12:4 

2011-1 121- 15:6. abate 121- 15:20, Airport [11- 9:12 areas I' I- 13:10 

15·.10 i 16:20 alrport111 -7:24 I ART [1[- 2:5 

24th [1[- 8:1 

2a 111- 10:21 

abllllyJ1J- 18:9 ALBUQUERQUE 111- AriJ1I _ 4:18 

accommodate[1J- 1:1 

2alb/c [11 - 3:6 

2b [1[- 10:21 

2c[1[ -10:21 

10:5 

accordance 111 - 6:2 

accurate [1J- 16:9 

Act 1101- 6:3. 7:6, 8:3. 

3 14:5, 15:15. 15:19, 

-··--- ... 

1 

15:23, 16:9 

3 [2[ - 12:6, 12:25 

3a 121-3:7, 10:23 

3alb/c 111 - 3:7 

3b [1[- 3:8 

3c [31 - 3:9, 10:23, 

10:25 

1 Act's 111-7:17 

!I action 131 - 7: 10, 

10:14, 14:25 

I 

Actions 111- 9:7 

actions [151- 7:8, 

1 7:24, 8:5, 8:14, 8:19, 

I 8:25.9:15. 9:17. 

-·- ----·------ . ....., 10:10, 10:16, 10:19, 

4 ! 14:4, 16:19, 17:1 

··· · -·-- -· -··-1 actlvlllos 111 - 11:22 

1

1 Administration 111 - 4[5[- 2:14,3:10. 12:7. 9:14 

' 

--------- ------' 

Albuquerque (191 -

1:7, 1:19, 1:20,2:2, 

2:11,4:4,4:5,4:8, 

4:21,11:2,11:4, 

11:22.14:23,15:5, 

15:16, 15:24, 16:1, 

16:5, 16:6 

Albuquerque's 111 -

8:8 

ALBUQUERQUEBERNALILLO J1J1 :1 

AlbuquerqueBernalillo 1101 - 1:19. 

2:2, 4:4, 4:8, 11:4, 

11:22,14:23,15:16, 

16:1, 16:5 

aliOW[2[- 5:19,9:4 

atmosphere 111- 9:24 

Attached 111- 3:5 

attaln[2J- 9:1, 15:19 

attainment 141- 7:15, 

10:14, 13:16, 13:21 

attorn&y[1J- 4:13 

attorneya[1)-18:12 

audlencet1J-14:15 

AUGUST 111- 2:4 

authorized 111-4:15 

Aviation 111- 9:13 

ayo[1J -17:16 

Aye1•1 -17:17. 17:18, 

17:19, 17:20, 17:21, 

17:22 

KATHY TOWNSEND COURT REPORTERS 

505-243-5018 

1 

B 

Baca 121- 6:10, 17:12 

BACAJ4J- 2:5, 11:16, 

17:11, 17:21 

Base [3[- 3:8, 3:9, 

10:22 

baaed 121-5:5, 7:12 

basemenl[tJ-16:4 

BE111 -1:16 

became(tJ- 6:2 

become[t]- 5:7 

BEFORE 121-1:1, 

1:11 

begin 111-4:19 

BERNALILLO 121 -

1:1, 16:3 

Bernallllo[12J- 1:19, 

2:2, 4:4. 4:8, 11:4, 

11:22,14:23,15:16, 

15:22,15:24,16:1, 

16:5 

best111- 18:9 

betler[1J- 8:16 

between[tJ-8:17 

'blg[1[-11:20 

BILLJ2J-1:18,2:8 

Blll[1[- 4:13 

BOARDJ3J-1:1, 1:11, 

11:19 

i Board 1341-2:2, 2:17, 

I 4:8,4:14,4:15,5:2, 

5:5, 5:16, 5:21. 6:1' 

6:3,6:19,7:2, 8:10, 

11:4, 11:15, 14:1, 

14:14. 14:24. 15:5, 

15:6, 15:17' 15:25, 

16:2, 16:3, 16:10, 

16:11, 16:21, 16:25, 

17:9 

box 111- 7:22 

budget 111- 9:6 

: budgets 121- 8:25. 9:8 

build 111- 13:20 

building 111- 13:2 

Buti[3J- 6:12.6:20, 

11:12 

BUTTJOJ- 2:10. 2:15, 

6:14,6:18, 11:25, 

13:15, 13:23, 14:9 

BY111 -11:19 

c 

! C) 111- 14:3 

cannot[t)-12:16 

i carbon[t]-12:10 

categorleS[tJ -10:16 
caused 111- 18:7 

CCR111- 18:19 

Center 1•1 - 1:20, 4:5, 

16:6, 17:6, 17:7 

CERTIFY121- 18:5, 

18:1 1 

Chairman [4]- 2:3, 

6:19,11:25,13:15 

Chambers 131- 1:19, 

4:4, 16:4 

changes 111 - 8:12 

changing 111- 17:8 

channels 121- 7:25, 

13:1 

character 111- 6:5 

circumstances (1]-

6:4 

City 1~ - 1:7, 2:4, 2:5, 

2:6,8:8, 11:2, 15:24 

CIVIC[3[· 1:20,2:11, 

16:6 

Clean 131- 7:5, 8:3, 

15:23 

clearly 111 - 7:7 

close 111- 14:19 

closed 111- 14:20 

closes 111- 5:20 

closing 111- 14:19 

co 131- 12:11' 12:16, 

12:22 

comment (31- 4:24, 

5:2, 14:17 

comments 111- 10:24 

Comments (31- 3:7, 

3:8, 10:21 

communication /11-

8:16 

complied 121 - 14:4, 

14:5 

comply111- 8:11 

compounds 121- 9:22, 

10:2 

concluded 111- 17:24 

concludes 111- 11:9 

conduct 121-4:15, 

10:9 

conducted 111- 10:13 

conform [12]- 7:9, 

8:19, 9:8, 10:17, 

10:19, 12:10, 12:17, 

12:18, 12:22, 12:24, 

13:3 

conforming (1]-7:10 

conformity 1111- 9:8, 

9:17, 10:9, 12:1, 

12:3, 12:8, 12:9, 

12:13, 12:18, 13:18 

Conformity 11~- 3:4, 

3:5,4:10, 6:24,7:4, 

7:5,7:17,8:2,8:11, 

AQCB HEARING, 219/11 

8:23,11:6,15:2, 

15:11,16:12,16:22, 

17:4, 17:6 

CONFORMITY 111 -

1:4 

Congrass 111- 7:7 

consider 111- 4:9 

consideration (1]-

5:23 

consistent 121 - 15:18, 

16:7 

construction 111-

7:24 

containment 111 -

13:17 

contaminants 111 - 6:9 

contrlbute/3]-7:11, 

8:5, 8:15 

CONTROL 121- 1:1, 

1:1 1 

Control1111- 2:2, 4:8, 

6:2,6:21, 7:2,8:10, 

11:4,14:24,15:5, 

15:6, 15:14, 15:16, 

15:19, 15:25, 16:1, 

16:9, 16:10 

coordinate 111 - 7:20 

COrrecll11· 13:16 

counterparts 111-

7:19 

COUNTY 121- 1:1, 

18:3 

County 1131· 1:19, 

2:2, 2:4, 2:5, 4:4, 

4:8, 11:4, 14:24, 

15:16, 15:22, 15:24, 

16:1, 16:5 

court 121 - 5:3, 5:1 2 

Court111- 18:4 

covered 111- 7:24 

credlt[11- 9:11 

credllal11- 9:16 

current 111- 8:9 

18:19 

Department 161- 1:7, 

2:9,2:10,4:21,8:8, 

11:2 

determination 111 -

9:9 

detennlnatlons 111 -

10:9 

determined 111- 16:12 

develop 111- 12:23 

developed 111-9:13 

DIRECT111- 6:17 

Dlrecll21- 2:16, 3:10 

dlrectad 121- 14:16, 

17:5 

directs 111 - 16:25 

discussion 131- 15:7, 

17:13, 17:14 

disposition 111- 18:14 

Division 1101- 1:6, 4:9, 

4:20,6:13, 6:21,8:7, 

10:23,11:3,14:16, 

16:23 

encourage 121-7:18, 

8:16 

encourageSI21 - 8:18, 

9:14 

ensure 111-8:19 

entered 111 • 4:22 

entltleSI21- 8:14, 

8:24 

entitled 111-8:10 

Envlronmentalt91 -

1:7,2:9,2:10,4:21, 

6:20, 8:8, 11:1' 11:7, 

1 14:5 

EPA161· 3:7, 8:1, 

9:13, 10:22, 14:6, 

15:12, 16:14, 17:2 

EPA's111- 9:25 

establish 121- 10:18, 

16:17 

established 111-9:1 

establlshes111 - 9:3 

evening 111-4:1 

evldence121- 5:3,5:6 

Dlvlslon's111- 5:1 exacerbate[1J-12:11 

documentat1J- 12:17 , Examination 111-2:17 

dollara111- 12:21 1 EXAMINATION I11-

DONAI11·2:6 11:18 

Dona111- 4:18 example 121- 9:21, 

downl11·14:10 13:2 

DR 1111- 2:3, 2:6, Examples111 - 7:23 

11:20, 13:7, 13:20, exceed 121- 6:25, 9:7 

13:24, 14:22, 17:12, exchange111- 10:6 

17:18, 17:19, 17:23 excludH 111- 14:3 

D'l31- 4:17,4:18, EXHIBIT111- 3:2 

11:17 Exhlbltl•l- 3:5, 

Draftl21·3:5,3:11 10:24,11:6,16:23 

dredging 121- 7:25, : Exhibits 151 - 10:21, 

12:25 __j' 10:23,11:10,11:12, 

duly111- 6:15 11:14 

existing 111-7:13 

E I exlols 111- 16:18 

expansion 121- 7:25, 

C------------ Early111· 9:12 

9:5 

expecting 111· 9:4 

Expiration 111- 18:20 

explicitly 111 • 7:8 

D 

2 

lederal1111· 7:8, 7:18, 

8:4, 8:12, 8:14, 8:17, 

8:18, 8:24, 9:4, 9:15, 

10:9, 10:17, 11:22, 

12:10, 12:21, 12:25, 

14:4 

flnal [61· 9:3, 9:10, 

9:19, 10:3, 10:8, 

10:16, 10:18, 18:14 

flrst[3[·6:15, 13:8, 

14:25 

flll11- 7:22 

fllll11· 11:24 

followl31· 5:3,9:11, 

13:4 

following 111- 16:19 

foiiOWS[11· 6:16 

FOR111 -1:4 

Force [31- 3:8, 3:9, 

10:22 

foregoing 121· 18:5, 

' 18:8 

: form 111- 9:24 

format 111- 17:7 

four 111 - 17:4 

frequency [11-7:13 

front 111 • 4:25 

FURTHER111·18:11 

1 future121- 9:4, 16:18 

C-------

G 

general 131- 12:1, 

12:9, 13:18 

GENERAL 111 • 1:4 

: General 11~ • 3:4, 3:5, 

I 4:10, 6:24, 7:4, 7:17, 

! 8:2,8:11,8:23,11:5, 

i 15:2,15:11, 16:12, 

1 16:22, 17:3, 17:6 

1 gist 111- 12:1 

i Government 131 -

I

I 1:20, 4:5, 16:5 

i Grsce111- 4:17 

: GRACE 121- 2:4, 

j 17:20 

datel11·17:3 

DATED 111 • 18:15 

decision 111- 15:1 

decislonS/11- 5:5 

deems 111- 6:4 

defined 111 • 7:23 

defines 111- 7:10 

degree 111- 6:6 

delay 111 • 7:14 

deleted 111· 14:1 

demonstrate [31 -

eariYI2J· 8:19,9:10 

economic 111- 6:8 

effecll11· 13:19 

effect1Ye121- 8:2, 17:3 

effectal11· 7:21 

elsewhere 111 - 14:7 

Emission 111- 9:12 

emission (9]-7:16, 

F i GRANTHAM 161-

C------------· j 1:18, 2:8,4:1' 11:12, 

8:14, 8:24, 9:17 

DENISE 121 • 18:4, 

8:25, 9:6, 9:10, 9:14, 

9:16, 10:4, 10:5, 

10:7 

emissions [61 - 6:24, 

9:19, 9:21, 10:1, 

10:1 1 

emitted 111· 9:23 

employee111-18:12 

faciiHies 111· 9:4 

facility 121 • 9:5, 9:18 

facility-wide 111 • 9:5 

facts111· 6:4 

tavoq11· 17:16 

February[61- 1:17, 

4:3,16:3,16:11, 

I 16:16, 16:24, 17:9, 

I 18:15 

I Federsl111- 9:13 

KATHY TOWNSEND COURT REPORTERS 

505-243-5018 

I 11:15, 11:17,13:25, 

14:12 

Grantham 121· 2:14, 

4:13 

graater[1J-10:11 

Griego [31- 1:19, 4:4, 

I 16:4 

i ground 121 • 9:24, 9:25 1

i ground-level 121 -

I 9:24, 9:25 

I guess 111- 13:12 

I 
AQCB HEARING, 219/11 

3 

~:lda~c~~1~~~~~-~-- -6:-24-----~---,-o-n-g-t_e_rm--,-1J---1o_:_6--,-14_:_1o-----~-foFi3J-1:3,18:1,18:3 

Guo 111- 4:17 lncorporateo(1J· looked (1(-14:13 MTP111- 12:18 OFFICER 111- 2:7 

H 

health 121- 6:6, 7:12 

Health 111- 1:7, 2:9, 

2:10,4:21,6:20, 8:8, 

11:1 

health-baaed 111 -

7:12 

hear111-12:15 

HEARING 121·1:11, 

2:7 

hearlng[20J -1:17, 

4:2,4:7,4:16,4:19, 

4:23, 4:24, 5:6, 5:20, 

5:25,6:11,10:20, 

14:19, 14:20, 16:3, 

16:7, 16:16, 16:24, 

18:5 

Hearlngl31·1:16, 

6:18, 14:9 

9:10 --------j muot1•1· 5:5,5:12, Olllcer(3(-1:18, 

lncreaoei1J-7:13 M 6:1,8:24 6:18, 14:9 

lncreaoeo 121- 10:4, offset 121 - 9:20, 10:2 

10:6 N 1 oneJOJ- 6:5,7:10, 

machlne111·18:6 '-------- 9 41 lndlcate(1J· 5:13 r -, 7:11, :19, 1 : , 

lnjury 111 _6,

6 malntaln(2J·9:1, 16,

22 

II 915 15:19 NAAQSJOJ-8:6,8:15, One( 1202'11 !natalia onOJ1l· : 3J· : , . , malntenancel.l - 8:20, 9:2, 10:15, 16 6 Instruct 111 - 6:1 : 

lnoult 111· 12:16 10:14, 12:4, 12:5, 12:4, 12:6, 12:12 Opening J1J- 2:14 

lnteniJ2J·7:7, 7:17 13:10, 13:14, 13:17 nameJ1J· 6:20 order(2J- 8:11, 14:24 

March 121 8'1 17·4 national 111·15:19 lntereot 121- 6:8, • · ' · ordinance• 111 - 15:25 

Margaret 111 4·17 National 111- 14:5 18:13 • · organic 121- 9:22, 

Interfere 111 _ 10,

14 MARGARET111- 2:3 Neat 111-6:20 10,

2 

lnterference(1J- 6:6 MARKED/ADMITTED NEALJ3J· 2:10,2:15, organization 111-5:14 

lnterlmJ1J·7:15 111 " 3'

1 6

'

14 oxldei1J·10:1 

MATTERi1J·1:3 neatiyJ1J·7:22 INT011J·1:4 i oxlde0(11·9:2 2 

matllri•J-1:17, 6:23, neceooary111·11:1 1 lnventoryi1J·10:12 · ozone1•1- 9 3 9 :2, : , 24 

lnvoked 111 _13,

13 13:1,16:13,18:14 need(3J- 9:8,16:17, 9,25, 12,23 

meanOI1J·13:12 16:16 Involved [1]- 18:12 

IT111 _1,

16 meanii1J·13:11 negotlalei1J·9:5 

meei(3J· 8:23,9:25, NEPA(2J·14:4, 14:11 

item 121-5:22, 14:25 15,

22 never 111 • 1o:13 

p 

hearlngo 111- 5:2 J --- meetlng(4(-4:2, NEW12J·1:4, 16:1 1 

held 131· 4:3, 16:3, 

1

1 

p.m(~ -1:21,4:6, 

16:7 

heiPI11·16:19 I JACK111·2:4 

hereby 131- 16:25, Jack 111-4:18 

17:5 I joined 111-6:11 

HEREBYI1J-16:5 i Jolnll11-15:24 

herselfl11·5:13 i jolntiY111·9:13 

holdl11·5:21 I July111-6:2 

~~r 111 -121 ____ j K 

I ------~j --~-~------~ 

Identify 111- 5:13 

llil11· 2:4 

Illustrates 111- 7:7 

Immaterial 111- 12:7 

Implement 121 - 6:3, 

6:20 

IMPLEMENTATION 

111· 1:4 

Implementation [7}-

4:12, 7:1,7:9, 8:21, 

15:4, 15:13, 16:15 

important 121 - 5:4, 

7:5 

Improves 111- 6:13 

IN111-1:3 

lnclude111- 7:24 

including [3[ - 6:5, 

j klck(1J·13:6 

I 

Kirtland (31 - 3:6, 3:6, 

10:22 

known 111- 8:21 

I KOPAN 121- 18:4, 

I 16:19 

L 

languagei2J·14:2, 

14:6 

largel21·12:9, 12:25 

laWI1J· 5:4 

'legaliyl11·10:20 

leveii3J· 9:24, 9:25, 

16:5 

5:22,5:23,14:23 new121 -7:11,13:2 

MEETING111- 1:11 New 1101-1:21, 4:5, 

memberl11·4:14 4:11,6:25,15:3, 

Member(21- 6:10, 15:12, 15:14, 16:6, 

17:12 16:8, 16:14 

membero 101 - 4:16, nltnogen 121 - 9:22, 

5:16, 5:17, 6:19, 10:1 

13:25,14:15 NM(2(·2:11, 16:19 

MENACHE 191 • 2:3, NMAC 1111· 1:3, 3:3, 

11:20, 13:7, 13:20, 3:5,4:10,6:24,8:10, 

13:24, 14:22, 17:12, 11:5, 15:2, 15:3, 

17:19,17:23 15:11,15:12,16:9, 

Menache1•1· 4:17, 16:12, 16:13, 16:22, 

6:19, 11:17, 11:25, 17:3, 17:5 

13:15 NMSAI1J-15:15 

mentioned 111- 12:2 nonattalnment(s]-

mell11-16:11 10:12, 12:6, 12:23, 

Metropolitan 111- 13:10, 13:14 

12:14 normally 111 - 11:23 

MEXIC0121- 1:4, 16:1 Northweot 111- 16:6 

Mexlco[10J -1:21, note 111-6:10 

4:5, 4:11' 6:25, 15:3, 

15:12, 15:14, 16:7, 

16:6, 16:15 

milestone 111- 7:16 

mltlgating(1J-10:4 

modlflcatlona11J - 9:5 

moment 111 - 17:15 

monoxldBI1J-12:11 

monthly 121- 5:22, 

notes 111- 18:7 

notice11 1 - 16:8 

noticed 111-10:20 

Notice1111- 3:6 

Number [31 - 7:2, 

15:5, 15:10 

NW121·1:20,2:11 

0 

14:20, 14:24, 17:24 

PAGE 111- 2:13 

paragraph 111 - 14:7 

paren 111 - 14:11 

Parti4J·12:6, 12:7, 

12:25, 13:5 

part121- 5:7, 13:12 

, partleo 121 - 4:22, 

18:12 

: paaaea 111- 17:23 

PE111- 2:4 

parcont 111- 10:11 

permanent 111- 10:6 

parmlttlng 111- 13:22 

person 111- 5:14 

pereonal 121- 16:7, 

18:13 

Petition 1•1 - 1 :2, 3:3, 

7:2, 15:1' 15:5 

petition 131 - 4:9, 6:23, 

12:2 

, PETITION 111- 1:3 

: Petitioner 111- 1:7 

: picture 111- 11:20 

: plan 111- 9:1 

Plani7J·4:12, 7:1, 

7:9, 12:14, 15:4, 

15:13, 16:15 

PLAN 111- 1:4 

: planning 111-8:17 6:6, 15:21 

INCORPORATE(1J1:4 

lncorporale(1J·15:3 

lncorporate121- 4:10, 

levels [31 - 7:20, 

12:11,12:16 

Llcenoe111- 16:20 

i limited 111- 6:5 

14:23 -----i plana121 - 8:20 

' liolsl21·10:16, 10:19 

: local111· 7:20 

motion 141· 15:9, 

17:10, 17:15, 17:23 

move 111- 14:25 

moved 121 -14:7, 

oath 111- 6:15 

objections 111- 14:18 

Objectlvee 111- 14:2 

KATHY TOWNSEND COURT REPORTERS 

505-243-5018 

; Plana 111 - 8:21 

! Plaza fJI- 1:20, 2:11, 

' 16:6 

I polnt(1J-15:8 

J-~-- ~----~-
PoiiCYI1[-14:5 

pollutant 1'1 - 9:20, 

9:21, 12:6 

pollutants 111- 12:5 

pollution 121- 15:21, 

16:20 

portions [11- 14:10 

precursor 121 - 9:20, 

9:21 

precursors 111· 9:23 

prepare[1) -10:17 

prescribing [11-

15:21 

present [J[- 4:16, 

5:21, 16:17 

preaented[1J·16:17 

presumed 111- 10:18 

prevent 121- 15:20, 

16:19 

Procedures f1J· 

16:10 

proceed 111-6:12 

Proceedlngs[1/-

17:24 

procaedlngs [11-

18:10 

proces1121- 7:18, 

8:13 

processes 121 - 7:22, 

13:22 

program [JJ - 7:8, 

9:11,9:14 

prohibiting 111 - 8:4 

projects [81 - 7:20, 

8:19, 12:9, 12:10, 

12:15, 12:19, 12:24, 

12:25 

promulgate 111 -

15:17 

properlyJ11- 6:7 

proponent 111-4:20 

proposals 111 - 5:24 

Proposed 111 - 3:6 

proposed 121- 5:24, 

16:23 

proposing 111 - 8:9 

Protection 111- 11:7 

provldes[11- 8:15 

providing 111-9:15 

provision 121- 7:5, 

7:18 

provlalons111- 8:4 

Public 111- 3:5 

public 1•1- 4:2, 4:16, 

4:24, 5:2, 5:18,6:7, 

16:3, 16:16 

publish 111-15:17 

purposej1J -13:13 

AQCB HEARING, 2/9/11 

I Q 

! 

I

' QUALITY 131 - 1 :1, 

1:5,1:11 

1 quality I~ -7:1, 7:12, 

! 7:21,8:18,9:6,10:5, 

! 15:20 

Quality i2SJ- 1:6, 2:2, 

4:8, 4:9, 4:20, 6:2, 

6:21,7:2, 8:7, 8:9, 

11:3, 11:4, 14:24, 

15:4, 15:5, 15:6, 

15:13, 15:14, 15:16, 

15:19, 15:25, 16:1, 

16:8, 16:10, 16:15, 

18:23 

i questions m- 5:18, 

i 5:17,5:19, 11:10, 

! Q~~~=~~::~~: ~~,:~~. 3:25 

uorum f1J· 5:20 

R 

react 111- 9:23 

read 111- 15:8 

roal111- 7:21 

reasonably 111 - 16:18 

Received 121- 3:7,3:8 

received 111- 10:22 

rocent111- 6:12 

record 141- 5:8, 5:10, 

5:13, 18:9 

recordodj1j-18:6 

Recorda 121 - 17:6, 

17:7 

I 

roductlon[5J-7:18, 

9:11,9:15, 9:18, 

: 9:20 

Reduction 111-9:12 

reductions IJI - 10: 1, 

Remar1<a111- 2:14 

remember 111 - 5:4 

REMEMBERED 111 -

1:16 

removes 111- 10:8 

repeai[1J-15:18 

reporter111- 5:12 

Reporter 111 - 18:5 

represent[1J- 5:14 

reqUHt[1J- 17:14 

requlrod[2J-7:15, 

17:7 

requirements IBJ -

7:23, 6:23,9:3, 10:8, 

15:23, 16:8 

requlrea121- 12:9, 

15:15 

requiring 111-7:8 

Resolution 121· 15:6, 

15:10 

resolved 111- 16:21 

respect 111 - 7:7 

respectively 111-

10:23 

7:6 

session [1j- 4:2 

aoverily[1[ -7:13 

shall 121- 6:3, 17:4 

Sharpe[11- 4:16 

SHARPE 121 - 2:5, 

17:17 

shod 111- 12:16 

shipping 121- 7:25, 

13:1 

shorthand 111 - 18:6 

ahown[5J-10:13, 

10:21, 10:22, 10:24, 

11:6 

algn[2J- 4:24, 5:10 

signed [11-14:17 

algnlflcant 111 - 10:10 

almllar[11- 12:8 

I Slmllarr11 - 12:20 

SIP[1DJ- 1:4,7:1, 9:8, 

11:6, 12:11, 12:22, 

12:23, 15:4, 15:13, 

17:2 

SIPs 111 - 8:22 

reapondod111- 10:24 social 111-6:8 

Reapon10 111- 3:8 Sort 111 - 11 :20 

response 111- 8:7 sort 111- 11:24 

Review (1[· 3:5 SOUrc&S(1J· 6:9 

revleW[1J-7:20 ataf1111- 16:25 

revlaed121- 8:1,8:13 Stall[11- 17:4 

revision (J[ • 11 :8, stand 111 • 11 :9 

16:14,17:2 atandard[5J-7:12, 

Revlalon[1J-15:12 7:14,7:15, 10:1, 

road[21 -12:19,12:24 13:22 

Rule 111-8:2 standards 121- 15:20, 

rule 1111- 8:12, 8:13, 15:22 

9:3, 9:10, 9:19, 10:3, STATE 121- 1:4, 18:1 

10:8, 10:16, 10:18, state [51- 7:10, 7:20, 

13:4, 14:8 9:6, 10:4, 10:19 

Rulemaklng 121- 3:6, State 101- 4:11, 6:25, 

16:9 7:9, 8:21, 15:4, 

rules 1'1 - 5:3, 8:3, i 15:13, 16:15, 17:6, 

12:3 1 17:7 

4 

r S~i:~~ANI21-~-

11 supervision [11- 18:8 I 1 sworn [51- 5:5, 5:7, 

I 5:11,6:13,6:15 

j---------- . T 

i 

I 

table 111- 4:25 

talks 111- 14:11 

, temporary[1J- 10:5 

1 tenn 111· 10:6 

I teatlfled 121- 5:15, 

6:16 

teatlfln 111 - 5:11 

tHIIfy [2[- 4:23, 5:9 

. Teatlmony121- 2:16. 

I 3:10 

I toatlmony 1101- 4:19, 

' 5:1, 5:6, 5:7, 5:10, 

I 5:12,5:18,6:13, 

' 11:9, 16:17 

TESTIMONY 111- 6:17 

THE!51-1:1, 1:3,1:4, 

11:19 

therefore 111- 18:21 

Therafor&l11·11:1 

threo[2[ -7:14, 17:2 

; tlmelypr-7:15 

: T0[11-1:3 

tonight 121-5:20, 15:1 

tooll[1[-8:16 

transcribed [11 - 18:7 

transportation 161-

12:3, 12:8, 12:13, 

12:15, 12:18, 13:18 

Transportation 111 • 

12:14 

true 111 - 18:8 

lw0[4J- 6:7,7:12, 

12:17, 16:25 

~ ·---·------

u 10:2, 10:7 

refers 111- 13:9 

Regarding [11- 16:22 

regarding 121- 5:18, 

14:1 

runway [41- 12:20, state's 121- 8:20, 9:1 

13:2,13:6, 13:21 lstatHIJI- 8:17,8:18, ~----------

-------- 10:18 U.S[11-11:7 

S Statn 111- 15:23 unanimously 111 -

-- STEVE 111-2:5 17:23 

reglonally[1[ -10:10 

ragular(2J- 5:22, 

14:23 

SAID 1 4 I Strategies 111-6:22 under[51- 6:15, 7:2, 

1

11- : stricken 111- 14:6 

hod I ,

0 4 14:2, 18:7 sc u ea 1

11- ' : 

1

. subject [JJ- 5:24, 6:9, 

Scientist 111- 8:21 ... _

23 regulation [JJ. 6:2, • ' 

Scope[1[-14:11 laubmlt[JJ-11:6, 8:10, 17:2 13 9 

regulatlon1[4J - scope 111 - : 17:1, 17:5 

second(t/·11:10 1 61 11:24,15:18,15:21, S 1 aubmtted111-1 : 4 

16:2 ocond 1

21- 17'

11 • .

1 

Submitting 111- 15:11 

related[1J-13:8 17'

12 aubsoquent[11-9:17 section 121- 13:8, 7 8 relating 111. 11:21 substance 111 • 1 : 

14:2 ' 

Section [JJ- 6:3, 6:22, 

: 

I 

undersigned 111-

18:4 

UnHed 111- 15:23 

Unles8[1J-14:16 

UP[3[ -4:24,5:10, 

14:17 

1 UPSON 121- 2:8, 

I 17:18 

1 Upaon[1j-4:18 

I 

relatlve[1J-18·:-11___ -~ Sulllvan[1J-4:18 

------------- _L__----;-oKATHY TOWNSEND COURT REPORTERS ___;_ ______ _ 

505-243-5018 
v 

valua(11 - 6:6 

Vlc8(4J- 2:3, 6:19, 

11:25, 13:15 

Vlncent[JJ- 1:18,4:3, 

16:4 

vlolat&(11- 12:12 

violation 131- 7:11, 

7:14, 8:15 

violations 111-8:5 

vlslbllllyJ1J- 6:7 

volatllaJ2J- 9:22, 10:2 

VOt8(1J-17:15 

w 

warrant 111- 16:19 

weight 1•1- 6:3 

welfare 111 - 6:7 

wall-daflnad 111- 7:23 

Wharaaa J4J- 15:14, 

16:2, 16:11,16:16 

wld&(1J - 9:5 

witness [4J- 5:15, 

5:16, 5:18, 5:19 

wondaredpJ -13:11 

Wright 111- 4:25 

y ·--------- I 

years[1J-10:13 

AQCB HEARING, 2/9/11 

KATHY TOWNSEND COURT REPORTERS 

505-243-5018 

5