New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.109 - CRITERIA AND PROCEDURES FOR DETERMINING CONFORMITY OF TRANSPORTATION PLANS, PROGRAMS, AND PROJECTS: GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. In order for each transportation plan,
				program, and FHWA/FTA project to be found to conform, the MPO and DOT shall
				demonstrate that the applicable criteria and procedures in 20.11.3 NMAC are
				satisfied. The MPO and DOT shall comply with all applicable conformity
				requirements of implementation plans and court orders for the area which
				pertain specifically to conformity. The criteria for making conformity
				determinations differ based on the action under review (transportation plans,
				TIPs and FHWA/FTA projects), the relevant pollutant(s) and the status of the
				implementation plan.
B. Table 1 in
				Subsection B of 20.11.3.109 NMAC indicates the criteria and procedures in
				20.11.3.110 NMAC through 20.11.3.119 NMAC, which apply for transportation
				plans, TIPs and FHWA/FTA projects. Subsection C of 20.11.3.109 NMAC explains
				when the budget, and interim emissions tests are required for each pollutant
				and NAAQS. Subsection D of 20.11.3.109 NMAC explains when a hot-spot test is
				required. Subsection E of 20.11.3.109 NMAC addresses conformity requirements
				for areas with approved or adequate limited maintenance plans. Subsection F of
				20.11.3.109 NMAC addresses nonattainment and maintenance areas which EPA has
				determined have insignificant motor vehicle emissions. Subsection G of
				20.11.3.109 NMAC addresses isolated rural nonattainment and maintenance areas.
				Table 1 follows:
TABLE 1. CONFORMITY CRITERIA
All Actions at all times:
20.11.3.110 NMAC
Latest planning assumptions
20.11.3.111 NMAC
Latest emissions model
20.11.3.112 NMAC
Consultation
Transportation Plan:
Subsection B of 20.11.3.113 NMAC
TCMs.
20.11.3.118 or 20.11.3.119 NMAC Emissions budget or
							 interim emissions
TIP:
Subsection C of 20.11.3.113 NMAC
TCMs.
20.11.3.118 or 20.11.3.119 NMAC Emissions budget or
							 interim emissions
Project (from a conforming plan and
							 TIP):
20.11.3.114 NMAC
Currently conforming plan and TIP
20.11.3.115 NMAC
Project from a conforming plan and TIP
20.11.3.116 NMAC
CO, PM10 and PM
							 25 hot-spots
20.11.3.117 NMAC
PM10 and
							 PM25 control measures
Project (Not From a Conforming Plan and
							 TIP):
Subsection D of 20.11.3.113 NMAC
TCMs.
20.11.3.114 NMAC
Currently conforming plan and TIP
20.11.3.116 NMAC
CO, PM10 and PM2.5 hot-spots
20.11.3.117 NMAC
PM10 and
							 PM25 control measures
20.11.3.118 or 20.11.3.119 NMAC Emissions budget or
							 interim emissions
C.
				Regional conformity test requirements for all nonattainment and maintenance
				areas: This provision applies one year after the effective date of EPA's
				nonattainment designation for a NAAQS in accordance with Subsection D of
				20.11.3.2 NMAC and until the effective date of revocation of such NAAQS for an
				area. In addition to the criteria listed in Table 1 in Subsection B of
				20.11.3.109 NMAC that are required to be satisfied at all times, in such
				nonattainment and maintenance areas, conformity determinations shall include a
				demonstration that the budget or interim emissions tests are satisfied as
				described in the following:
(1) In all
				nonattainment and maintenance areas for a NAAQS the budget test shall be
				satisfied as required by 20.11.3.118 NMAC for conformity determinations for
				such NAAQS made on or after:
(a) the effective
				date of EPA's finding that a motor vehicle emissions budget in a submitted
				control strategy implementation plan revision or maintenance plan for such
				NAAQS is adequate for transportation conformity purposes;
(b) the publication date of EPA's approval of
				such a budget in the federal register; or
(c) the effective date of EPA's approval of
				such a budget in the federal register, if such approval is completed through
				direct final rulemaking.