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 20.2.99.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Agencies affected by this part are: federal transportation
				  agencies (the federal highway administration (FHWA) and the federal transit
				  administration (FTA) of the United States department of transportation (US
				  DOT)), and state and local agencies responsible for transportation planning and
				  air quality management that are within the geographic jurisdiction of the
				  environmental improvement board (see also
				  20.2.99.6
				  NMAC).
A. The provisions of this part
				shall apply in all nonattainment areas and maintenance areas for
				transportation-related criteria pollutants for which the area is designated as
				a nonattainment area or has a maintenance plan.
B. The provisions of this part apply with
				respect to emissions of the following criteria pollutants: ozone, carbon
				monoxide, nitrogen dioxide, and particles with an aerodynamic diameter less
				than or equal to a nominal 10 micrometers (PM10) and
				particles with an aerodynamic diameter less than or equal to a nominal 2.5
				micrometers (PM2.5).
C. The provisions of this part apply with
				respect to emissions of the following precursor pollutants in nonattainment
				areas or maintenance areas:
(1) volatile
				organic compounds (VOCs) and nitrogen oxides in ozone areas;
(2) nitrogen oxides in nitrogen dioxide
				areas;
(3) volatile organic
				compounds or nitrogen oxides in PM10 areas if:
(a) the US EPA region 6 administrator or the
				department has made a finding (including a finding as part of the New Mexico
				state implementation plan (SIP) or a submitted implementation plan revision)
				that transportation-related emissions of one or both of these precursor
				emissions within the nonattainment area are a significant contributor to the
				PM10 nonattainment problem and has so notified the
				metropolitan planning organization (MPO) (or the New Mexico department of
				transportation (NMDOT) in the absence of an MPO) and US DOT; or
(b) the applicable SIP (or implementation
				plan submission) establishes an approved (or adequate) motor vehicle emissions
				budget for such emissions as part of the reasonable further progress,
				attainment or maintenance strategy;
(4) nitrogen oxides in
				PM2.5 areas, unless both the US EPA regional
				administrator and the department have made a finding that
				transportation-related emissions of nitrogen oxides within the nonattainment
				area are not a significant contributor to the PM2.5
				nonattainment problem and has notified the MPO (or the NMDOT in the
				absence of an MPO) and US DOT, or the applicable implementation plan (or
				implementation plan submission) does not establish an approved (or adequate)
				motor vehicle emissions budget for such emissions as part of the reasonable
				further progress, attainment or maintenance strategy; and
(5) VOCs, sulfur dioxide
				(SO2) or ammonia (NH3) in
				PM2.5 areas either if the US EPA regional administrator
				or the department has made a finding that transportation-related emissions of
				any of these precursors within the nonattainment area are a significant
				contributor to the PM2.5 nonattainment problem and has
				so notified the MPO (or the NMDOT in the absence of an MPO) and US DOT, or if
				the applicable implementation plan (or implementation plan submission)
				establishes an approved (or adequate) motor vehicle emissions budget for such
				emissions as part of the reasonable further progress, attainment or maintenance
				strategy.