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 20.2.99.121 - CONSULTATION PROCEDURES FOR SPECIFIC ROUTINE ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
An interagency consultation process among the lead and
				  participating agencies shall be undertaken for the following routine activities
				  in accordance with all the procedures specified in
				  20.2.99.119
				  NMAC. 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 or as specified for the specific activity. Not later than thirty (30)
				  days prior to the preparation of the final document or decision, the lead
				  agency shall supply all relevant information and documents, as appropriate, to
				  the participating agencies.
A.
				Identification, as required by Subsection B of 20.2.99.146 NMAC, of projects
				located at sites in PM10 nonattainment areas which have vehicle and roadway
				emission and dispersion characteristics which are essentially identical to
				those at sites which have violations verified by monitoring, and therefore
				require quantitative PM10 hot-spot analysis. The lead agency shall be either
				the MPO or NMDOT, in cooperation with the department.
B. Assumption of the location and design
				concept and scope of projects which are disclosed to the MPO, as required by
				Subsection D of 20.2.99.121 NMAC, but whose sponsors have not yet decided these
				features in sufficient detail to perform the regional emissions analysis
				according to the requirements of 20.2.99.141 NMAC through 20.2.99.147 NMAC. The
				lead agency shall be either the MPO or NMDOT. Participating agencies shall
				include recipients of funds designated under title 23 U.S.C. or the federal
				transit laws.
C. The design,
				schedule, and funding of research and data collection efforts; and regional
				transportation model development by the MPO (e.g., household/travel
				transportation surveys). The lead agency shall be either the NMDOT or the MPO,
				as applicable. Participating agencies shall be the MPO, the department, and the
				NMDOT.
D. Regionally Significant
				Non-FHWA/FTA Projects.
(1) Assurance that
				plans for construction of regionally significant projects which are not
				FHWA/FTA projects (including projects for which alternative locations, design
				concept and scope, or the no-build option are still being considered),
				including all those sponsored by recipients of funds designated under title 23
				U.S.C. or the federal transit laws, are disclosed to the MPO on a regular
				basis, and to assure that any changes to those plans are immediately disclosed.
				The lead agency for this process shall be the agency which is implementing the
				project. Participating agencies shall be the MPO, the department, NMDOT, local
				transportation and transit agencies for the city or county in which the
				nonattainment or maintenance area is located, and recipients of funds
				designated under title 23 U.S.C. or the federal transit laws.
(2) The sponsor of any such regionally
				significant project, and any agency that becomes aware of any such project
				through applications for approval, permitting or funding or otherwise, shall
				disclose such project to the designated MPO for the nonattainment or
				maintenance area and NMDOT in a timely manner. Such disclosure shall be made
				not later than the first occasion on which any of the following actions is
				sought:
(a) any policy board action necessary
				for the project to proceed;
(b) the
				issuance of administrative permits for the facility or for construction of the
				facility;
(c) the execution of a
				contract to design or construct the facility;
(d) the execution of any indebtedness for the
				facility;
(e) any final action of a
				board, commission or administrator authorizing or directing employees to
				proceed with design, permitting or construction of the project; or
(f) the execution of any contract to design
				or construct; or any approval needed for any facility that is dependent on the
				completion of regionally significant project.
(3) In the case of any such regionally
				significant project that has not been disclosed in a timely manner to the
				designated MPO for the nonattainment or maintenance area, NMDOT, and other
				interested agencies participating in the consultation process, such regionally
				significant project and all other regionally significant projects of that
				sponsor shall be deemed to be not included in the regional emissions analysis
				supporting the currently conforming TIP's conformity determination and to be
				not consistent with the motor vehicle emissions budget in the SIP, for the
				purposes of 20.2.99.140 NMAC. In the case of repeated failures to disclose
				regionally significant projects by an agency that becomes aware of any such
				project through applications for approval, permitting or funding, all other
				regionally significant projects within the jurisdiction of such agency shall be
				deemed to be not included in the regional emissions analysis supporting the
				currently conforming TIP's conformity determination and to be not consistent
				with the motor vehicle emissions budget in the SIP, for the purposes of
				20.2.99.140 NMAC.
(4) For the
				purposes of this section (20.2.99.121 NMAC) and 20.2.99.140 NMAC, the phrase
				"adopt or approve of a regionally significant project" means the first time any
				action necessary to authorizing a project occurs, such as any policy board
				action necessary for the project to proceed, the issuance of administrative
				permits for the facility or for construction of the facility, the execution of
				a contract to construct the facility, any final action of a board, commission
				or administrator authorizing or directing employees to proceed with
				construction of the project, or any written decision or authorization from the
				MPO that the project may be adopted or approved.