reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1998, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To implement Section 176(c) of the CAA, as amended (
				  42 U.S.C.
				  7401 et seq.), and the related requirements
				  of 23
				  U.S.C. 109(j), with respect
				  to the conformity of transportation plans, programs and projects which are
				  developed, funded or approved by the United States DOT, and by the MPO or other
				  recipients of funds under Title 23 U.S.C. or the Federal Transit Laws (49
				  U.S.C. Chapter 53) to the Bernalillo county portion of the SIP. 20.11.3 NMAC
				  sets forth policy, criteria and procedures for demonstrating and assuring
				  conformity of such activities to an applicable implementation plan developed
				  pursuant to Section 110 and Part D of the CAA.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Terms used but not defined in 20.11.3 NMAC shall have the
				  meaning given to them by the CAA, Titles 23 and 49 U.S.C., other EPA
				  regulations, or other DOT regulations, in that order of priority. In addition
				  to the definitions in Section 20.11.3.7 NMAC, the definitions in 20.11.1 NMAC
				  shall apply unless there is a conflict between definitions, in which case the
				  definition in 20.11.3 NMAC shall govern.
A. Reserved
B. Reserved
C. Reserved
D. Reserved
E. Reserved
F. "Air agency" means the air quality
				division (AQD) of the city of Albuquerque environmental health department
				(EHD). The EHD, or its successor agency or authority, as represented by the
				department director or his designee, is the lead air quality planning agency
				for Albuquerque-Bernalillo county nonattainment/ maintenance areas. The EHD
				serves as staff to the AQCB and is responsible for administering and enforcing
				AQCB regulations.
G. "Albuquerque
				metropolitan planning area (AMPA)" means the portion of New Mexico state
				planning and development district 3 that comprises the area for which federal
				transportation funding allocated for areas of a 200,000 or greater population
				is expended. The AMPA is described in the MPO's most recent transportation
				planning documents.
H.
				Reserved
I. "Applicable
				implementation plan" is defined in Section 302(q) of the CAA and means the
				portion (or portions) of the implementation plan, or most recent revision
				thereof, which has been approved under Section 110, or promulgated under
				Section 110(c), or promulgated or approved pursuant to regulations promulgated
				under Section 301(d) and which implements the relevant requirements of the
				CAA.
J. "CAA" means the Clean Air
				Act, as amended (
				42 U.S.C.
				7401 et seq.).
K. "Cause or contribute to a new violation"
				for a project means:
(1) to cause or
				contribute to a new violation of a standard in the area substantially affected
				by the project or over a region which would otherwise not be in violation of
				the standard during the future period in question if the project were not
				implemented; or
(2) to contribute
				to a new violation in a manner that would increase the frequency or severity of
				a new violation of a standard in such an area.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.3 NMAC that is filed with the state
				  records center shall not affect actions pending for violation of a city or
				  county ordinance or board regulation. Prosecution for a violation under prior
				  regulation wording shall be governed and prosecuted under the statute,
				  ordinance, part or section in effect at the time the violation was
				  committed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, paragraph, sentence, clause or word of
				  20.11.3 NMAC or any federal standards incorporated herein is for any reason
				  held to be unconstitutional or otherwise invalid by any court, the decision
				  shall not affect the validity of the remaining provisions of 20.11.3
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.3 NMAC may be
				  viewed at the Albuquerque environmental health department, one civic plaza NW,
				  suite 3023, 400 Marquette NW, Albuquerque, NM 87102.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.103 - PRIORITY

Current through Register Vol. 35, No. 13, July 16, 2024
When assisting or approving any action with air
				  quality-related consequences, FHWA and FTA shall give priority to the
				  implementation of those transportation portions of an applicable implementation
				  plan prepared to attain and maintain the NAAQS. This priority shall be
				  consistent with statutory requirements for allocation of funds among states or
				  other jurisdictions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.104 - FREQUENCY OF CONFORMITY DETERMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Conformity determinations and conformity
				redetermination for transportation plans, TIPs and FHWA/FTA projects shall be
				made according to the requirements of 20.11.3.104 NMAC and the applicable
				implementation plan.
B. Frequency
				of conformity determinations for transportation plans:
(1) Each new transportation plan shall be
				demonstrated to conform before the transportation plan is approved by the MPO
				or accepted by DOT.
(2) All
				transportation plan amendments shall be found to conform before the
				transportation plan amendments are approved by the MPO or accepted by DOT,
				unless the amendment merely adds or deletes exempt projects listed in
				20.11.3.126 NMAC or 20.11.3.127 NMAC. The conformity determination shall be
				based on the transportation plan and the amendment taken as a whole.
(3) The MPO and DOT shall determine the
				conformity of the transportation plan (including a new regional emissions
				analysis) no less frequently than every four years. If more than four years
				elapse after DOT's conformity determination without the MPO and DOT determining
				conformity of the transportation plan, a 12-month grace period will be
				implemented as described in Subsection F of 20.11.3.104 NMAC. At the end of
				this 12-month grace period, the existing conformity determination shall
				lapse.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.106 - CONTENT OF TRANSPORTATION PLANS AND TIME FRAME OF CONFORMITY DETERMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Transportation plans adopted after January 1, 1997 in serious, severe or
				extreme ozone non-attainment areas and in serious CO nonattainment areas. If
				the metropolitan planning area contains an urbanized area population greater
				than 200,000, the transportation plan shall specifically describe the
				transportation system envisioned for certain future years which shall be called
				horizon years.
(1) The MPO, in developing the
				transportation plan in consultation with the affected agencies identified in
				Paragraph (1) of Subsection D of 20.11.3.105 NMAC, may choose any years to be
				horizon years, subject to the following restrictions:
(a) horizon years may be no more than 10
				years apart;
(b) the first horizon
				year may be no more than 10 years from the base year used to validate the
				transportation demand planning model;
(c) the attainment year must be a horizon
				year if it is in the time frame of the transportation plan and conformity
				determination;
(d) the last year of
				the transportation plan's forecast period shall be a horizon year;
				and
(e) if the time frame of the
				conformity determination has been shortened under Subsection D of 20.11.3 NMAC,
				the last year of the time frame of the conformity determination must be a
				horizon year.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.107 - RELATIONSHIP OF TRANSPORTATION PLAN AND TIP CONFORMITY WITH THE NEPA PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
The degree of specificity required in the transportation plan
				  and the specific travel network assumed for air quality modeling do not
				  preclude the consideration of alternatives in the NEPA process or other project
				  development studies. Should the NEPA process result in a project with design
				  concept and scope significantly different from that in the transportation plan
				  or TIP, the project shall meet the criteria in
				  20.11.3.109
				  NMAC through
				  20.11.3.119
				  NMAC for projects not from a TIP before NEPA process
				  completion.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.108 - FISCAL CONSTRAINTS FOR TRANSPORTATION PLANS AND TIPS

Current through Register Vol. 35, No. 13, July 16, 2024
Transportation plans and TIPs shall be fiscally constrained
				  consistent with DOT's metropolitan planning regulations at 23 CFR Part 450 in
				  order to be found in conformity. The determination that the MTP and TIP are
				  fiscally constrained is made through the MPO's transportation planning process,
				  which includes the agencies represented in the consultation process described
				  in Paragraph (1) of Subsection D of
				  20.11.3.105
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.111 - CRITERIA AND PROCEDURES: LATEST EMISSIONS MODEL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The conformity determination shall be
				based on the latest emission estimation model available. This criterion is
				satisfied if the most current version of the motor vehicle emissions model
				specified by EPA for use in the preparation or revision of implementation plans
				for Bernalillo county is used for the conformity analysis. When options are
				allowed by EPA, the TCTC, as part of the interagency consultation described in
				Paragraph (1) of Subsection D of 20.11.3.105 NMAC, shall be responsible for
				determining the most appropriate emission estimation model to be
				used.
B. EPA shall consult with DOT
				to establish a grace period following the specification of any new model.
(1) The grace period shall be no less than
				three months and no more than 24 months after notice of availability is
				published in the federal register.
(2) The length of the grace period shall
				depend on the degree of change in the model and the scope of re-planning likely
				to be necessary by MPOs in order to assure conformity. If the grace period
				shall be longer than three months, EPA shall announce the appropriate grace
				period in the federal register.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.112 - CRITERIA AND PROCEDURES: CONSULTATION

Current through Register Vol. 35, No. 13, July 16, 2024
Conformity shall be determined according to the consultation
				  procedures in 20.11.3 NMAC and in the applicable implementation plan, and
				  according to the public involvement procedures established in compliance with
				  23 CFR Part 450. Until the implementation plan revision required by
				  40 CFR
				  51.390 is fully approved by EPA, the
				  conformity determination shall be made according to Subsection A and Subsection
				  F of
				  20.11.3.105 NMAC and
				  the requirements of 23 CFR Part 450.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.113 - CRITERIA AND PROCEDURES: TIMELY IMPLEMENTATIONS OF TCMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				transportation plan, TIP or any FHWA/FTA project, which is not from a
				conforming plan and TIP, shall provide for the timely implementation of TCMs
				from the applicable implementation plan.
B. For transportation plans, this criterion
				is satisfied if the following two conditions are met.
(1) The transportation plan, in describing
				the envisioned future transportation system, provides for the timely completion
				or implementation of all TCMs in the applicable implementation plan, which are
				eligible for funding under Title 23 U.S.C. or the Federal Transit Laws,
				consistent with schedules included in the applicable implementation
				plan.
(2) Nothing in the
				transportation plan interferes with the implementation of any TCM in the
				applicable implementation plan.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.114 - CRITERIA AND PROCEDURES: CURRENTLY CONFORMING TRANSPORTATION PLAN AND TIP

Current through Register Vol. 35, No. 13, July 16, 2024
There shall be a currently conforming transportation plan and
				  currently conforming TIP at the time of project approval, or a project must
				  meet the requirements in Subsection F of
				  20.11.3.104
				  NMAC during the 12-month lapse grace period.
A. Only one conforming transportation plan or
				TIP may exist in an area at any time; conformity determinations of a previous
				transportation plan or TIP expire once the current plan or TIP is found to
				conform by DOT. The conformity determination on a transportation plan or TIP
				shall also lapse if conformity is not determined according to the frequency
				requirements specified in 20.11.3.104 NMAC.
B. This criterion is not required to be
				satisfied at the time of project approval for a TCM specifically included in
				the applicable implementation plan, provided that all other relevant criteria
				of 20.11.3 NMAC are satisfied.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.115 - CRITERIA AND PROCEDURES: PROJECTS FROM A TRANSPORTATION PLAN AND TIP

Current through Register Vol. 35, No. 13, July 16, 2024
A. The project
				shall come from a conforming plan and program: If this criterion is not
				satisfied, the project must satisfy all criteria in Table 1 of Subsection B of
				20.11.3.109 NMAC for a project not from a conforming transportation plan and
				TIP. A project is considered to be from a conforming transportation plan if it
				meets the requirements of Subsection B of 20.11.3.115 NMAC and from a
				conforming program if it meets the requirements of Subsection C of 20.11.3.115
				NMAC. Special provisions for TCMs in an applicable implementation plan are
				provided in Subsection D of 20.11.3.115 NMAC.
B. A project is considered to be from a
				conforming transportation plan if one of the following conditions applies:
(1) for projects that are required to be
				identified in the transportation plan in order to satisfy 20.11.3.106 NMAC
				(content of transportation plans), the project is specifically included in the
				conforming transportation plan and the project's design concept and scope have
				not changed significantly from those which were described in the transportation
				plan, or in a manner which would significantly impact use of the facility;
				or
(2) for projects that are not
				required to be specifically identified in the transportation plan, the project
				is identified in the conforming transportation plan, or is consistent with the
				policies and purpose of the transportation plan and shall not interfere with
				other projects specifically included in the transportation plan.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.116 - CRITERIA AND PROCEDURES: LOCALIZED CO, PM10 AND PM2.5 VIOLATIONS (HOT-SPOTS)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Subsection A of 20.11.3.116 NMAC applies at all times. The FHWA/FTA project
				shall not cause or contribute to any new localized CO,
				PM10 or PM2.5 violations or
				increase the frequency or severity of any existing CO,
				PM10 or PM2.5 violations, or
				delay timely attainment of any NAAQS or any required interim emission
				reductions or other milestones in CO, PM10 and
				PM2.5 nonattainment and maintenance areas. This
				criterion is satisfied without a hot-spot analysis in
				PM10 and PM2.5 nonattainment and
				maintenance areas for FHWA/FTA projects that are not identified in Paragraph
				(1) of Subsection B of 20.11.3.123 NMAC. This criterion is satisfied for all
				other FHWA/FTA projects in CO, PM10 and
				PM2.5 nonattainment and maintenance areas if it is
				demonstrated that during the time frame of the transportation plan no new local
				violations will be created and the severity or number of existing violations
				will not be increased as a result of the project, and the project has been
				included in a regional emissions analysis that meets applicable 20.11.3.118
				NMAC or 20.11.3.119 NMAC requirements. The demonstration shall be performed
				according to the consultation requirements of Paragraph (1) of Subsection D of
				20.11.3.105 NMAC and the methodology requirements of 20.11.3.123
				NMAC.
B. Subsection B of
				20.11.3.116 NMAC applies for CO nonattainment areas as described in Paragraph
				(1) of Subsection D of 20.11.3.109 NMAC. Each FHWA/FTA project shall eliminate
				or reduce the severity and number of localized CO violations in the area
				substantially affected by the project (in CO nonattainment areas). This
				criterion is satisfied with respect to existing localized CO violations if it
				is demonstrated that during the time frame of the transportation plan (or
				regional emissions analysis) existing localized CO violations shall be
				eliminated or reduced in severity and number as a result of the project. The
				demonstration shall be performed according to the consultation requirements of
				Subparagraph (a) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC and the
				methodology requirements of 20.11.3.123 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.117 - CRITERIA AND PROCEDURES: COMPLIANCE WITH PM10 and PM2.5 CONTROL MEASURES

Current through Register Vol. 35, No. 13, July 16, 2024
The FHWA/FTA project shall comply with any
				  PM10 and PM2.5 control measures
				  in the applicable implementation plan. This criterion is satisfied if the
				  project-level conformity determination contains a written commitment from the
				  project sponsor to include in the final plans, specifications and estimates for
				  the project those control measures (for the purpose of limiting
				  PM10 and PM2.5 emissions from the
				  construction activities or normal use and operation associated with the
				  project) that are contained in the applicable implementation
				  plan.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.118 - CRITERIA AND PROCEDURES: MOTOR VEHICLE EMISSIONS BUDGET

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				transportation plan, TIP and project not from a conforming transportation plan
				and TIP shall be consistent with the motor vehicle emissions budget(s) in the
				applicable implementation plan (or implementation plan submission). This
				criterion applies as described in Subsections C through G of 20.11.3.109 NMAC.
				This criterion is satisfied if it is demonstrated that emissions of the
				pollutants or pollutant precursors described in Subsection C of 20.11.3.118
				NMAC are less than or equal to the motor vehicle emissions budget(s)
				established in the applicable implementation plan or implementation plan
				submission.
B. Consistency with the
				motor vehicle emissions budget(s) shall be demonstrated for each year for which
				the applicable (or submitted) implementation plan specifically establishes a
				motor vehicle emissions budget(s), and for each year for which a regional
				emissions analysis is performed to fulfill the requirements in Subsection D of
				20.11.3.118 NMAC, as follows:
(1) Until a
				maintenance plan is submitted:
(a) emissions
				in each year (such as milestone years and the attainment year) for which the
				control strategy implementation plan revision establishes motor vehicle
				emissions budget(s) shall be less than or equal to that years motor vehicle
				emissions budget(s); and
(b)
				emissions in years for which no motor vehicle emissions budget(s) are
				specifically established shall be less than or equal to the motor vehicle
				emissions budget(s) established for the most recent prior year; for example,
				emissions in years after the attainment year for which the implementation plan
				does not establish a budget shall be less than or equal to the motor vehicle
				emissions budget(s) for the attainment year.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.119 - CRITERIA AND PROCEDURES: INTERIM EMISSIONS IN AREAS WITHOUT MOTOR VEHICLE EMISSIONS BUDGETS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				transportation plan, TIP and project not from a conforming transportation plan
				and TIP shall satisfy the interim emissions test(s) as described in Subsections
				C through G of 20.11.3.109 NMAC. This criterion applies to the net effect of
				the action (transportation plan, TIP or project not from a conforming
				transportation plan and TIP) on motor vehicle emissions from the entire
				transportation system.
B. Ozone
				areas: The requirements of Subsection B of 20.11.3.119 NMAC apply to all ozone
				NAAQS areas, except for certain requirements as indicated. This criterion may
				be met:
(1) in moderate and above ozone
				nonattainment areas that are subject to the reasonable further progress
				requirements of CAA Section 182(b)(1) if a regional emissions analysis that
				satisfies the requirements of 20.11.3.122 NMAC and Subsections G through J of
				20.11.3.119 NMAC demonstrates that for each analysis year and for each of the
				pollutants described in Subsection F of 20.11.3.119 NMAC:
(a) the emissions predicted in the "action"
				scenario are less than the emissions predicted in the "baseline" scenario, and
				this can be reasonably expected to be true in the periods between the analysis
				years; and
(b) the emissions
				predicted in the "action" scenario are lower than emissions in the baseline
				year for that NAAQS as described in Subsection E of 20.11.3.119 NMAC by any
				nonzero amount;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.120 - CONSEQUENCES OF CONTROL STRATEGY IMPLEMENTATION PLAN FAILURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Disapprovals:
(1) If EPA disapproves any submitted control
				strategy implementation plan revision (with or without a protective finding),
				the conformity status of the transportation plan and TIP shall lapse on the
				date that highway sanctions as a result of the disapproval are imposed on the
				nonattainment area under Section 179(b)(1) of the CAA. No new transportation
				plan, TIP or project may be found to conform until another control strategy
				implementation plan revision fulfilling the same CAA requirements is submitted
				and conformity to this submission is determined.
(2) If EPA disapproves a submitted control
				strategy implementation plan revision without making a protective finding, only
				projects in the first four years of the currently conforming transportation
				plan and TIP or that meet the requirements of Subsection F of 20.11.3.104 NMAC
				during the 12-month lapse grace period may be found to conform. This means that
				beginning on the effective date of a disapproval without a protective finding,
				no transportation plan, TIP or project not in the first four years of the
				currently conforming transportation plan and TIP or that meets the requirements
				of Subsection F of 20.11.3.104 NMAC during the 12-month lapse grace period may
				be found to conform until another control strategy implementation plan revision
				fulfilling the same CAA requirements is submitted, EPA finds its motor vehicle
				emissions budget(s) adequate pursuant to 20.11.3.118 NMAC or approves the
				submission, and conformity to the implementation plan revision is
				determined.
(3) In disapproving a
				control strategy implementation plan revision, EPA would give a protective
				finding where a submitted plan contains adopted control measures or written
				commitments to adopt enforceable control measures that fully satisfy the
				emissions reductions requirements relevant to the statutory provision for which
				the implementation plan revision was submitted, such as reasonable further
				progress or attainment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.121 - REQUIREMENTS FOR ADOPTION OR APPROVAL OF PROJECTS BY OTHER RECIPIENTS OF FUNDS DESIGNATED UNDER TITLE 23 U.S.C. OR THE FEDERAL TRANSIT LAWS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as
				provided in Subsection B of 20.11.3.121 NMAC, no recipient of federal funds
				designated under Title 23 U.S.C. or the Federal Transit Laws shall adopt or
				approve a regionally significant highway or transit project, regardless of
				funding source, unless the recipient finds that the requirements of one of the
				following are met:
(1) the project comes from
				the currently conforming transportation plan and TIP (or meets the requirements
				of Subsection F of 20.11.3.104 NMAC during the 12-month lapse grace period),
				and the project's design concept and scope have not changed significantly from
				those which were included in the regional emissions analysis for that
				transportation plan and TIP;
(2)
				the project is included in the regional emissions analysis for the currently
				conforming transportation plan and TIP conformity determination (or meets the
				requirements of Subsection F of 20.11.3.104 NMAC during the 12-month lapse
				grace period), even if the project is not strictly included in the
				transportation plan or TIP for the purpose of MPO project selection or
				endorsement, and the project's design concept and scope have not changed
				significantly from those which were included in the regional emissions
				analysis; or
(3) a new regional
				emissions analysis including the project and the currently conforming
				transportation plan and TIP demonstrates that the transportation plan and TIP
				would still conform if the project were implemented (consistent with the
				requirements of 20.11.3.118 NMAC or 20.11.3.119 NMAC for a project not from a
				conforming transportation plan and TIP).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.123 - PROCEDURES FOR DETERMINING LOCALIZED CO, PM10 AND PM2.5 CONCENTRATIONS (HOT-SPOT ANALYSIS)

Current through Register Vol. 35, No. 13, July 16, 2024
A. CO hot
				spot analysis:
(1) The demonstrations
				required by 20.11.3.116 NMAC (Criteria and Procedures: Localized CO,
				PM10 and PM2.5 Violations) shall
				be based on quantitative analysis using the applicable air quality models, data
				bases and other requirements specified in 40 CFR Part 51, Appendix W (guideline
				on air quality models). These procedures shall be used in the following cases,
				unless different procedures developed through the interagency consultation
				process required in 20.11.3.105 NMAC and approved by the EPA regional
				administrator are used for:
(a) projects in
				or affecting locations, areas or categories of sites which are identified in
				the applicable implementation plan as sites of violation or possible
				violation;
(b) projects affecting
				intersections that are at level-of-service D, E or F, or those that shall
				change to level-of-service D, E or F because of increased traffic volumes
				related to the project;
(c) any
				project affecting one or more of the top three intersections in the
				nonattainment or maintenance area with highest traffic volumes, as identified
				in the applicable implementation plan or which are identified through the
				interagency consultation process as described in Paragraph (1) of Subsection D
				of 20.11.3.105 NMAC; and
(d) any
				project affecting one or more of the top three intersections in the
				nonattainment or maintenance area with the worst level of service, as
				identified in the applicable implementation plan or which are identified
				through the interagency consultation process as described in Paragraph (1) of
				Subsection D of 20.11.3.105 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.124 - USING THE MOTOR VEHICLE EMISSIONS BUDGET IN THE APPLICABLE IMPLEMENTATION PLAN (OR IMPLEMENTATION PLAN SUBMISSION)

Current through Register Vol. 35, No. 13, July 16, 2024
A. In interpreting an applicable
				implementation plan (or implementation plan submission) with respect to its
				motor vehicle emissions budget(s), the MPO and DOT may not infer additions to
				the budget(s) that are not explicitly intended by the implementation plan (or
				submission). Unless the implementation plan explicitly quantifies the amount by
				which motor vehicle emissions could be higher while still allowing a
				demonstration of compliance with the milestone, attainment or maintenance
				requirement and explicitly states an intent that some or all of this additional
				amount shall be available to the MPO and DOT in the emissions budget for
				conformity purposes, the MPO may not interpret the budget to be higher than the
				implementation plan's estimate of future emissions. This applies in particular
				to applicable implementation plans (or submissions) which demonstrate that
				after implementation of control measures in the implementation plan:
(1) emissions from all sources shall be less
				than the total emissions that would be consistent with a required demonstration
				of an emissions reduction milestone;
(2) emissions from all sources shall result
				in achieving attainment prior to the attainment deadline or ambient
				concentrations in the attainment deadline year shall be lower than needed to
				demonstrate attainment; or
(3)
				emissions shall be lower than needed to provide for continued
				maintenance.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.125 - ENFORCEABILITY OF DESIGN CONCEPT AND SCOPE AND PROJECT-LEVEL MITIGATION AND CONTROL MEASURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior
				to determining that a transportation project is in conformity, the MPO, other
				recipient of funds designated under Title 23 U.S.C. or the Federal Transit
				Laws, FHWA or FTA shall obtain from the project sponsor or operator written
				commitments to implement in the construction of the project and operation of
				the resulting facility or service any project-level mitigation or control
				measures that are identified as conditions for NEPA process completion with
				respect to local PM10, PM2.5 or
				CO impacts. Before a conformity determination is made, written commitments
				shall also be obtained for project-level mitigation or control measures that
				are conditions for making conformity determinations for a transportation plan
				or TIP and are included in the project design concept and scope which is used
				in the regional emissions analysis required by 20.11.3.118 NMAC (motor vehicle
				emissions budget) and 20.11.3.119 NMAC (interim emissions in areas without
				motor vehicle emissions budgets) or used in the project-level hot-spot analysis
				required by 20.11.3.116 NMAC.
B.
				Project sponsors voluntarily committing to mitigation measures to facilitate
				positive conformity determinations shall comply with the obligations of such
				commitments.
C. The implementation
				plan revision required in
				40 CFR
				51.390 shall provide that written commitments
				to mitigation measures shall be obtained prior to a positive conformity
				determination, and that project sponsors must comply with such
				commitments.
D. If the MPO or
				project sponsor believes the mitigation or control measure is no longer
				necessary for conformity, the project sponsor or operator may be relieved of
				its obligation to implement the mitigation or control measure if it can
				demonstrate that the applicable hot-spot requirements of 20.11.3.116 NMAC,
				emission budget requirements of 20.11.3.118 NMAC, and interim emissions
				requirements of 20.11.3.119 NMAC are satisfied without the mitigation or
				control measure, and so notifies the agencies involved in the interagency
				consultation process required under 20.11.3.105 NMAC. The MPO and DOT shall
				find that the transportation plan and TIP still satisfy the applicable
				requirements of 20.11.3.118 NMAC or 20.11.3.119 NMAC and that the project still
				satisfies the requirements of 20.11.3.116 NMAC, and therefore that the
				conformity determinations for the transportation plan, TIP and project are
				still valid. This finding is subject to the applicable public consultation
				requirements in Subsection F of 20.11.3.105 NMAC for conformity determinations
				for projects.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.127 - PROJECTS EXEMPT FROM REGIONAL EMISSIONS ANALYSES

Current through Register Vol. 35, No. 13, July 16, 2024
Notwithstanding the other requirements of 20.11.3 NMAC,
				  highway and transit projects of the types listed in Table 3 of 20.11.3.127 NMAC
				  are exempt from regional emissions analysis requirements. The local effects of
				  these projects with respect to CO, PM2.5 or
				  PM10 concentrations shall be considered to determine if
				  a hot-spot analysis is required prior to making a project-level conformity
				  determination. These projects may then proceed to the project development
				  process even in the absence of a conforming transportation plan and TIP. A
				  particular action of the type listed in Table 3 of 20.11.3.127 NMAC is not
				  exempt from regional emissions analysis if the MPO in consultation with other
				  agencies (see Subparagraph (c) Paragraph (1) of Subsection D of
				  20.11.3.105 NMAC),
				  the EPA and the FHWA (in the case of a highway project) or the FTA (in the case
				  of a transit project) concur that it has potential regional impacts for any
				  reason. Table 3 follows:
TABLE 3. PROJECTS EXEMPT FROM REGIONAL EMISSIONS
				  ANALYSES
Intersection channelization projects
Intersection signalization projects at individual
				  intersections
Interchange reconfiguration projects
Changes in vertical and horizontal alignment
Truck size and weight inspection stations
Bus terminals and transfer points
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.128 - TRAFFIC SIGNAL SYNCHRONIZATION PROJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
Traffic signal synchronization projects may be approved,
				  funded and implemented without satisfying the requirements of 20.11.3 NMAC.
				  However, all subsequent regional emissions analyses required by
				  20.11.3.118
				  NMAC and
				  20.11.3.119
				  NMAC for transportation plans, TIPs or projects not from a conforming plan and
				  TIP shall include such regionally significant traffic signal synchronization
				  projects.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.129 - SPECIAL EXEMPTIONS FROM CONFORMITY REQUIREMENTS FOR PILOT PROGRAM AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
EPA and DOT may exempt no more than six areas for no more
				  than three years from certain requirements of 20.11.3 NMAC if these areas are
				  selected to participate in a conformity pilot program and have developed
				  alternative requirements that have been approved by EPA as an implementation
				  plan revision in accordance with
				  40 CFR
				  51.390. For the duration of the pilot
				  program, areas selected to participate in the pilot program shall comply with
				  the conformity requirements of the pilot area's implementation plan revision
				  for
				  40 CFR
				  51.390 and all other requirements in 40 CFR
				  parts 51 and 93 that are not covered by the pilot area's implementation plan
				  revision for
				  40 CFR
				  51.390. The alternative conformity
				  requirements in conjunction with any applicable state or federal conformity
				  requirements shall be proposed to fulfill all of the requirements of and
				  achieve results equivalent to or better than Section 176(c) of the Clean Air
				  Act. After the three-year duration of the pilot program has expired, areas will
				  again be subject to all of the requirements of 20.11.3 NMAC and 40 CFR Part 51,
				  Subpart T, or to the requirements of any implementation plan revision that was
				  previously approved by EPA in accordance with
				  40 CFR
				  51.390.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.390 - APPLICABLE LAW

Current through Register Vol. 35, No. 13, July 16, 2024
The federal conformity rules under 40 CFR Part 93 Subpart A,
				  in addition to any existing applicable state requirements, establish the
				  conformity criteria and procedures necessary to meet the requirements of CAA
				  Section 176(c) until such time as this conformity implementation plan revision
				  is approved by EPA. Following EPA approval of this revision to the applicable
				  implementation plan (or a portion thereof), the approved (or approved portion
				  of the) criteria and procedures in 20.11.3 NMAC shall govern conformity
				  determinations and the federal conformity regulations contained in 40 CFR Part
				  93 shall apply only for the portion, if any, of 20.11.3 NMAC conformity
				  provisions that is not approved by EPA. In addition, any previously applicable
				  implementation plan requirements relating to conformity remain enforceable
				  until 20.11.3 NMAC is adopted.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque - Bernalillo County Air Quality Control Board.
				  P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505)
				  768-2601.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of 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 department, 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 applicable 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 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 requirements of the applicable 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.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 1995, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To implement Section 176(c) of the Clean Air Act (CAA), as
				  amended (
				  42 U.S.C.
				  7401 et seq.) and the related requirements of
				  23
				  U.S.C. 109(j), with respect
				  to the conformity of transportation plans, programs, and projects which are
				  developed, funded, or approved by the United States department of
				  transportation (DOT), and by metropolitan planning organizations (MPOs) 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 such activities to an applicable
				  implementation plan developed pursuant to Section 110 and Part D of the
				  CAA.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Terms used but not defined in 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 definitions, in which case the
				  definition in 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 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
				nonattainment/maintenance 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" 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 110(k) of the CAA, a federal
				implementation plan (FIP) promulgated under Section 110(c) of the CAA, or a
				plan promulgated or approved pursuant to Section 301(d) of the CAA (tribal
				implementation plan or TIP) and which implements the relevant requirements of
				the CAA.
E. "Area-wide air quality
				modeling analysis" means an assessment on a scale that includes the entire
				nonattainment or maintenance area 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 community multiscale air quality (CMAQ)
				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 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.