New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 99 - CONFORMITY TO THE STATE IMPLEMENTATION PLAN OF TRANSPORTATION PLANS, PROGRAMS, AND PROJECTS › Section 20.2.99.120 - CONSULTATION PROCEDURES FOR SPECIFIC MAJOR ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
An interagency consultation process among the members of the
				  lead and participating agencies shall be undertaken for the following specific
				  major activities in accordance with all the procedures specified in 20.2.119
				  NMAC above. The lead agency for each activity shall be as specified, and the
				  participating agencies shall be the agencies specified in Subsection C of
				  20.2.99.116 NMAC
				  above.
A. Evaluation and choice of
				each model (or models) and associated methods and assumptions to be used in
				hot-spot analyses and regional emissions analyses, including vehicle miles
				traveled (VMT) forecasting. The lead agency shall be the MPO (or NMDOT in the
				absence of an MPO).
B.
				Determination of which minor arterials and other transportation projects should
				be considered "regionally significant" for the purposes of regional emissions
				analysis (in addition to those functionally classified as principal arterial or
				higher or fixed guideway systems or extensions that offer an alternative to
				regional highway travel), and which projects should be considered to have a
				significant change in design concept and scope from the transportation plan or
				TIP. The lead agency shall be the MPO (or NMDOT in the absence of an
				MPO).
C. Evaluation of whether
				projects otherwise exempted from meeting the requirements of this part (see
				20.2.99.149 NMAC) should be treated as non-exempt in cases where potential
				adverse emissions impacts may exist for any reason. The lead agency shall be
				the MPO (or NMDOT in the absence of an MPO).
D. Determination, as required by Paragraph
				(1) of Subsection C of 20.2.99.132 NMAC of whether past obstacles to
				implementation of TCMs which are behind the schedule established in the SIP
				have been identified and are being overcome, and whether state and local
				agencies with influence over approvals or funding for TCMs are giving maximum
				priority to approval or funding for TCMs. Consultation shall also include
				consideration of whether delays in TCM implementation necessitate revisions to
				the SIP to remove TCMs or substitute TCMs or other emission reduction measures.
				The lead agency shall be the MPO (or NMDOT in the absence of an MPO).
E. Determination, as required by 20.2.99.140
				NMAC, of whether:
(1) the project is included
				in the regional emissions analysis supporting the currently conforming TIP's
				conformity determination, even if the project is not strictly "included" in the
				TIP for the purposes of MPO project selection or endorsement, and
(2) the project's design concept and scope
				have changed significantly from those which were included in the regional
				emissions analysis, or in a manner which would significantly impact use of the
				facility; the lead agency shall be the MPO (or NMDOT in the absence of an
				MPO).