reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.117 - PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
Failure to comply with the emission standards, recordkeeping,
				  reporting, or other requirements of 20.2.91 NMAC within the timeframes
				  specified shall constitute a violation of 20.2.91 NMAC subject to enforcement
				  action under Section
				  74-2-12 NMSA
				  1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.118 - EXHAUST EMISSION STANDARDS FOR HEAVY-DUTY ENGINES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Beginning model
				year 2027 and subsequent years, this
				20.2.91.118 NMAC (Exhaust Emission
				Standards for Heavy-Duty Engines) applies to manufacturers that deliver for
				sale, offer for sale, sell, import, deliver, purchase, rent, lease, acquire,
				receive heavy-duty vehicles, heavy-duty engines or other motor vehicle engines
				pursuant to the requirements of CCR, Title 13, Sections 1900, 1956.8, 1961.2,
				1965, 1968.2, 1971.1, 2035, 2036, 2166, 2166.1, 2167 through 2170, 2111 through
				2119, 2121, 2123, 2125 through 2131, 2133, 2137, 2139 through 2149, 2423 and
				2485.
B. Each manufacturer subject
				to 20.2.91.118 NMAC (Exhaust Emission
				Standards for Heavy-Duty Engines) shall comply with the heavy-duty engine
				emissions standards and other requirements set forth in CCR, Title 13, Sections
				1900, 1956.8, 1961.2, 1965, 1968.2, 1971.1, 2035, 2036, 2166, 2166.1, 2167
				through 2170, 2111 through 2119, 2121, 2123, 2125 through 2131, 2133, 2137,
				2139 through 2149, 2423 and 2485. Compliance shall be based on the motor
				vehicles subject to
				20.2.91.118 NMAC (Exhaust Emission
				Standards for Heavy-Duty Engines) and
				20.11.104.118 NMAC (Exhaust
				Emission Standards for Heavy-Duty Engines) that each manufacturer delivers for
				sale, offers for sale, sells, imports, delivers, purchases, rents, leases,
				acquires or receives in New Mexico, and shall be determined on a statewide
				basis.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.120 - LARGE ENTITY REPORTING REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Beginning model
				year 2027 and subsequent years, this
				20.2.91.120 NMAC (Large Entity
				Reporting Requirement) applies to entities in accordance with CCR, Title 13,
				Sections 2012, 2012.1, and 2012.2.
B. Each entity subject to this
				20.2.91.120 NMAC (Large Entity
				Reporting Requirement) shall comply with the large entity reporting requirement
				in accordance with such sections provided however that every occurrence of
				"California" shall be replaced with "New Mexico", "Executive Officer" shall be
				replaced with "Secretary", "Public Utilities Commission" shall be replaced with
				"Public Regulation Commission", and all other replacements clarifying that
				Sections 2012, 2012.1, and 2012.2 are requirements in New Mexico in accordance
				with this section. For purposes of compliance with
				20.2.91.120 (Large Entity
				Reporting Requirement) only, all exemptions under CCR, Title 13, Section
				2012(c) apply, and do not apply to another other subsection of 20.2.91
				NMAC.
C. Each entity subject to
				this 20.2.91.120 NMAC (Large Entity Reporting Requirement) shall report
				complete information to the secretary by May 1, 2025, through the department's
				Advanced Clean Trucks webpage. Vehicle data shall be reported as the fleet was
				comprised on a date of the fleet owner's choosing any time after December 31,
				2023. The reporting entity shall maintain the records of their information
				required by CCR Title 13, Sections 2012.1 and 2012.2 for five years following
				the report date. To the extent reports submitted contain confidential data,
				entities may choose to designate that information as confidential.
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 20.2.99.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Environmental Improvement Board.
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 20.2.99.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, Paragraph (4) and (7) of
				  Subsection A of Section
				  74-1-8
				  NMSA 1978 and Air Quality Control Act, Sections
				  74-2-1
				  NMSA 1978 et seq., including specifically, Subsections (A), (B) and (C) of
				  Section
				  74-2-5
				  NMSA 1978. Subsection (B) of Section
				  74-2-5
				  NMSA 1978 provides that the environmental improvement board shall adopt
				  regulations "to attain and maintain national ambient air quality standards and
				  prevent or abate air pollution."
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 20.2.99.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 15, 2014, except where a later date is cited at the
				  end of a section.
[The latest effective date of any section in this Part is
				  11/07/11.]
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 20.2.99.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this part is to implement Section 176(c) of
				  the Clean Air Act (CAA), as amended (
				  42 U.S.C.
				  7401 et seq.), the related requirements of
				  23
				  U.S.C. 109(j), and
				  regulations under 40 CFR Part 93 Subpart A, with respect to the conformity of
				  transportation plans, programs and projects which are developed, funded or
				  approved by the US DOT, the NMDOT, MPOs or other recipients of funds under
				  Title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53) to the SIP,
				  as developed pursuant to Section 110 and Part D of the CAA. This part sets
				  forth policy and procedures for consultations demonstrating and assuring
				  conformity of such activities to the SIP and for resolving interagency
				  conflicts.
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 20.2.99.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Terms used but not defined in this part shall have the
				  meaning given them by the CAA Titles 23 and 49 U.S.C., US EPA regulations, US
				  DOT regulations, and 20.2.2 NMAC (Definitions), in that order of
				  priority.
A.
"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 (of the CAA), 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.
B.
"CAA"
means the Clean Air Act, as amended,
				42 U.S.C.
				7401, et seq.
C.
"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 area.
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 20.2.99.8 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in this part may be viewed
				  at the New Mexico environment department, air quality bureau, Santa Fe,
				  NM.
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 20.2.99.101 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Action
				applicability.
(1) Conformity determinations
				are required for:
(a) the adoption,
				acceptance, approval or support of transportation plans and transportation plan
				amendments developed pursuant to 23 CFR part 450 or 49 CFR part 613 by an MPO
				(or NMDOT in the absence of an MPO) or US DOT;
(b) the adoption, acceptance, approval or
				support of TIPs and TIP amendments developed pursuant to 23 CFR part 450 or 49
				CFR part 613 by an MPO (or NMDOT in the absence of an MPO) or US DOT;
				and
(c) the approval, funding, or
				implementation of FHWA/FTA projects.
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 20.2.99.102 - CONSULTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.20.2.99.102
				through 20.2.99.110 NMAC provide procedures for the interagency (federal,
				state, and local) consultation process, resolution of conflicts, and public
				consultation. Public consultation procedures will be developed in accordance
				with the requirements for public involvement in 23 CFR part 450. The affected
				agencies listed in Subsection C of 20.2.99.102 NMAC shall undertake a
				consultation process with each other prior to the development of:
1) conformity determinations;
2) major activities listed in 20.2.99.103
				NMAC below;
3) specific major
				activities listed in 20.2.99.106 NMAC below; and
4) specific routine activities listed in
				20.2.99.107 NMAC below. This consultation process shall follow the consultation
				procedures described in 20.2.99.105 NMAC below.
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 20.2.99.103 - AGENCY ROLES IN CONSULTATION

Current through Register Vol. 35, No. 13, July 16, 2024
Specific roles of the agencies participating in the
				  interagency consultation process are listed below. Specific responsibilities of
				  the agencies participating in the interagency consultation process are listed
				  in
				  20.2.99.104
				  NMAC. For the purposes of this part, the lead agency for all conformity
				  processes and procedures is that agency which is responsible for initiating the
				  consultation process, preparing the initial and final drafts of the document or
				  decision, and for assuring the adequacy of the interagency consultation
				  process.
A. The department shall be
				the lead agency for the development of:
(1)
				applicable control strategy implementation plan revisions for the nonattainment
				area or maintenance area;
(2) the
				list of transportation control measures (TCMs) to be submitted as part of the
				SIP; and
(3) any amendments or
				revisions thereto.
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 20.2.99.104 - AGENCY RESPONSIBILITIES IN CONSULTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department shall be responsible for
				developing or providing:
(1) emissions
				inventories;
(2) motor vehicle
				emissions budgets;
(3) air quality
				modeling;
(4) attainment
				demonstrations;
(5) control
				strategy implementation plan revisions;
(6) regulatory TCMs; and
(7) updated motor vehicle emissions
				factors.
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 20.2.99.105 - GENERAL CONSULTATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
The following are the responsibilities of lead and
				  participating agencies at each stage of the consultation process.
A. It shall be the affirmative responsibility
				of the lead agency to initiate the consultation process by:
(1) notifying other participants of the plan,
				program or project which must undergo the interagency consultation
				process;
(2) preparing an initial
				draft of the document being developed, together with necessary supporting
				information;
(3) convening
				consultation meetings and agendas when the initial draft of the document being
				developed is complete; and
(4)
				appointing the conveners of technical meetings.
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 20.2.99.106 - 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
				  20.2.99.105
				  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
				  20.2.99.102 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 design 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 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 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 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 design
				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).
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 20.2.99.108 - NOTIFICATION PROCEDURES FOR ROUTINE ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Notification of affected agencies (including those listed in
				  Paragraph (1) of Subsection C of
				  20.2.99.102 NMAC) of
				  transportation plan or TIP amendments which merely add or delete exempt
				  projects shall be the affirmative responsibility of NMDOT or the MPO. Such
				  notification shall be provided not later than 30 days prior to the preparation
				  of the final draft of the document or decision. This process shall
				  include:
A. notification of the
				affected agencies (including those listed in Paragraph (1) of Subsection C of
				20.2.99.102 NMAC) early in the process of decision on the final document;
				and
B. supplying all relevant
				documents and information to the affected agencies (including those listed in
				Paragraph (1) of Subsection C of 20.2.99.102 NMAC).
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 20.2.99.109 - CONFLICT RESOLUTION AND APPEALS TO THE GOVERNOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any conflict among state agencies or
				between state agencies and an MPO shall be escalated to the governor if the
				conflict cannot be resolved by the heads of the involved agencies. Prior to
				such escalation, such agencies shall make every effort to resolve any
				differences, including personal meetings between the heads of such agencies or
				their policy-level representatives, to the extent possible.
B. The department has 14 calendar days to
				appeal a determination of conformity (or other policy decision under this part)
				to the governor after NMDOT or the MPO has notified the department of the
				resolution of all comments on such determination of conformity or policy
				decision. Such 14-day period shall commence when the MPO or NMDOT has confirmed
				receipt by the secretary of the department of the resolution of the comments of
				the department. If the department appeals to the governor, the final conformity
				determination must have the concurrence of the governor. The department must
				provide notice of any appeal under this subsection to the MPO and NMDOT. If the
				department does not appeal to the governor within 14 days, the MPO or NMDOT may
				proceed with the final conformity determination.
C. In the case of any comments with regard to
				findings of fiscal constraint or air quality effects of any determination of
				conformity, NMDOT has 14 calendar days to appeal a determination of conformity
				(or other policy decision under this part) to the governor after the MPO has
				notified the department or NMDOT of the resolution of all comments on such
				determination of conformity or policy decision. Such 14-day period shall
				commence when the MPO has confirmed receipt by the secretary of the department
				or NMDOT of the resolution of the comments of NMDOT. If NMDOT appeals to the
				governor, the final conformity determination must have the concurrence of the
				governor. NMDOT must provide notice of any appeal under this subsection to the
				MPO and the department. If NMDOT does not appeal to the governor within 14
				days, the MPO may proceed with the final conformity determination.
D. The governor may delegate the role of
				hearing any such appeal under this subsection and of deciding whether to concur
				in the conformity determination to another official or agency within the state,
				but not to the head or staff of the department or any local air quality agency,
				NMDOT, a state transportation commission or board, any agency that has
				responsibility for one of these functions or an MPO.
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 20.2.99.110 - PUBLIC CONSULTATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Affected agencies making conformity
				determinations on transportation plans, programs and projects shall establish a
				proactive public involvement process which provides opportunity for public
				review and comment by, at a minimum, providing reasonable public access to
				technical and policy information considered by the agency at the beginning of
				the public comment period and prior to taking formal action on a conformity
				determination for all transportation plans, TIPs, and projects, consistent with
				the requirements of 23 CFR part 450, including Sections 450.316 (a),
				450.322(c), and 450.324(c) as in effect on the date of adoption of this part.
				Any charges imposed for public inspection and copying should be consistent with
				the fee schedule contained in
				49
				CFR 7.43. In addition, any such agency must
				specifically address in writing all public comments which allege that known
				plans for a regionally significant project which is not receiving FHWA or FTA
				funding or approval have not been properly reflected in the emissions analysis
				supporting a proposed conformity finding for a transportation plan or TIP. Any
				such agency shall also provide opportunity for public involvement in conformity
				determinations for projects to the extent otherwise required by law (e.g.
				NEPA).
B. The opportunity for
				public involvement provided under this section (20.2.99.110 NMAC) shall include
				access to information, emissions data, analyses, models and modeling
				assumptions used to perform a conformity determination, and the obligation of
				any such agency to consider and respond in writing to significant
				comments.
C. No transportation
				plan, TIP or project may be found to conform unless the determination of
				conformity has been subject to a public involvement process in accordance with
				this section, without regard to whether the US DOT has certified any process
				under 23 CFR part 450.
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 20.2.99.111 - ENFORCEABILITY OF DESIGN CONCEPT AND DESIGN 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 must 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 which are identified as conditions for NEPA process completion with
				respect to local CO, PM10, or PM2.5
				impacts. Before a conformity determination is made, written
				contractual commitments must also be obtained for project-level mitigation or
				control measures which are conditions for making conformity determinations for
				a transportation plan or TIP and included in the project design concept and
				design scope which is used in the regional emissions analysis or used in the
				project-level hot-spot analysis.
B.
				Project sponsors voluntarily committing to mitigation measures to facilitate
				positive conformity determinations shall provide written contractual
				commitments and must comply with the obligations of such commitments.
C. Written contractual commitments to
				mitigation or control measures shall be obtained prior to a positive conformity
				determination, and 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, motor vehicle emissions
				budget requirements and interim emissions requirements are satisfied without
				the mitigation or control measure, and so notifies the agencies involved in the
				interagency consultation process required under 20.2.99.102 through 20.2.99.110
				NMAC. The MPO (or NMDOT in the absence of an MPO) and US DOT must find that the
				transportation plan and TIP still satisfy the applicable requirements for motor
				vehicle emissions budgets and interim motor vehicle emissions budgets, and that
				the project still satisfies the requirements for hot spots, 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 20.2.99.110 NMAC for conformity determinations for
				projects.
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 20.2.99.112 - SAVINGS PROVISION

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 US EPA. Following US EPA approval of this revision to the SIP
				  (or a portion thereof), the approved (or approved portion of) the department's
				  criteria and procedures would govern conformity determinations and the federal
				  conformity regulations contained in 40 CFR Part 93 would apply only for the
				  portion, if any, of the department's conformity provisions that is not approved
				  by US EPA. In addition, any previously applicable SIP requirements relating to
				  conformity remain enforceable until the department revises its SIP to
				  specifically remove them and that revision is approved by US
				  EPA.
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 20.2.99.113 - FREQUENCY OF CONFORMITY DETERMINATIONS - TRANSPORTATION IMPROVEMENT PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A new
				TIP must be found to conform before the TIP is approved by the MPO (or NMDOT in
				the absence of an MPO) or accepted by the US DOT.
B. A TIP amendment requires a new conformity
				determination for the entire TIP before the amendment is approved by the MPO
				(or NMDOT in the absence of an MPO) or accepted by the US DOT, unless the
				amendment merely adds or deletes exempt projects listed in 20.2.99.149 NMAC and
				has been made in accordance with the notification provisions of 20.2.99.122
				NMAC.
C. The MPO and US DOT shall
				determine the conformity of the TIP (including a new regional emissions
				analysis) no less frequently than every four (4) years. If more than four (4)
				years elapse after US DOT's conformity determination without the MPO and US DOT
				determining conformity on the TIP, a twelve (12) month grace period will be
				implemented as described in Subsection B of 20.2.99.111 NMAC. At the end of
				this twelve (12) month grace period, the existing conformity determination will
				lapse.
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 20.2.99.114 - FREQUENCY OF CONFORMITY DETERMINATIONS - PROJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
FHWA/FTA projects must be found to conform before they are
				  adopted, accepted, approved, or funded. Conformity must be redetermined for any
				  FHWA/FTA project if one of the following occurs:
(A) a significant change in the project's
				design concept and scope;
(B) three
				(3) years elapse since the most recent major step to advance the project
				including;
(1) NEPA process
				completion;
(2) start of final
				design;
(3) acquisition of a
				significant portion of the right-of-way; and
(4) construction (including federal approval
				of plans, specifications and estimates); or
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 20.2.99.115 - FREQUENCY OF CONFORMITY DETERMINATIONS - TRIGGERS FOR TRANSPORTATION PLAN AND TIP CONFORMITY DETERMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Conformity of existing transportation plans and TIPs shall be
				  redetermined within two (2) years of the following, or after a twelve (12)
				  month grace period (as described in
				  20.2.99.116 NMAC)
				  the existing conformity determination will lapse, and no new project-level
				  conformity determinations may be made until conformity of the transportation
				  plan and TIP has been determined by the MPO and US DOT:
A. the date of the department's initial
				submission to US EPA of each control strategy implementation plan or
				maintenance plan establishing a motor vehicle emissions budget;
B. the effective date of US EPA approval of a
				control strategy implementation plan revision or maintenance plan which
				establishes or revises a motor vehicle emissions budget if that budget has not
				yet been used in a conformity determination prior to approval; and
C. the effective date of US EPA promulgation
				of an implementation plan which establishes or revises a motor vehicle
				emissions budget.
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 20.2.99.116 - CONSULTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. 20.2.99.116 NMAC
				through 20.2.99.124 NMAC provide procedures for the interagency (federal,
				state, and local) consultation process, resolution of conflicts, and public
				consultation. Public consultation procedures will be developed in accordance
				with the requirements for public involvement in 23 CFR part 450. The affected
				agencies listed in Subsection C of 20.2.99.116 NMAC shall undertake a
				consultation process with each other prior to the development of: 1) conformity
				determinations, 2) major activities listed in 20.2.9.117 NMAC below; 3)
				specific major activities listed in 20.2.99.120 NMAC below; and 4) specific
				routine activities listed in 20.2.99.121 NMAC below. This consultation process
				shall follow the consultation procedures described in 20.2.99.119 NMAC
				below.
B. Prior to EPA's approval
				of this part, any MPO (or NMDOT in the absence of an MPO) and NMDOT, before
				making any conformity determinations, shall provide reasonable opportunity for
				consultation with the department, the local transportation agency in the county
				where the nonattainment or maintenance area is located, the local air quality
				agency in the county in which the nonattainment or maintenance area is located,
				New Mexico FHWA division offices, FTA region 6 offices, and EPA region 6,
				including consultation on the issues described in 20.2.99.117 NMAC. This
				opportunity for consultation shall be provided prior to the determination of
				conformity.
C. Affected agencies.
(1) Agencies which are affected by this part
				and which are required to participate in the consultation process are:
(a) the designated MPO for the nonattainment
				or maintenance area;
(b) the
				department;
(c) NMDOT;
(d) the local transportation agency for the
				county or city in which the nonattainment or maintenance area is
				located;
(e) the local transit
				agency for the city or county in which the nonattainment or maintenance area is
				located;
(f) EPA Region
				6;
(g) New Mexico FHWA division
				offices;
(h) FTA region
				6;
(i) local air quality agencies;
				and
(j) any other organization or
				resource agency within the state responsible under state law for developing,
				submitting or implementing transportation-related provisions of an
				implementation plan.
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 20.2.99.117 - AGENCY ROLES IN CONSULTATION

Current through Register Vol. 35, No. 13, July 16, 2024
Specific roles of the agencies participating in the
				  interagency consultation process are listed below. Specific responsibilities of
				  the agencies participating in the interagency consultation process are listed
				  in
				  20.2.99.118
				  NMAC. For the purposes of this part, the lead agency for all conformity
				  processes and procedures is that agency which is responsible for initiating the
				  consultation process, preparing the initial and final drafts of the document or
				  decision, and for assuring the adequacy of the interagency consultation
				  process.
A. The department shall be
				the lead agency for the development of:
(1)
				applicable control strategy implementation plan revisions for the nonattainment
				or maintenance area;
(2) the list
				of TCMs to be submitted as part of the SIP; and
(3) any amendments or revisions
				thereto.
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 20.2.99.118 - AGENCY RESPONSIBILITIES IN CONSULTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department shall be responsible for
				developing or providing:
(1) emissions
				inventories;
(2) emissions
				budgets;
(3) air quality
				modeling;
(4) attainment
				demonstrations;
(5) control
				strategy implementation plan revisions;
(6) regulatory TCMs; and
(7) updated motor vehicle emissions
				factors.
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 20.2.99.119 - GENERAL CONSULTATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
The following are the responsibilities of lead and
				  participating agencies at each stage of the consultation process:
A. It shall be the affirmative responsibility
				of the lead agency to initiate the consultation process by:
(1) Notifying other participants of the plan,
				program, or project which must undergo the interagency consultation
				process;
(2) Preparing an initial
				draft of the document being developed, together with necessary supporting
				information;
(3) Convening
				consultation meetings and agendas when the initial draft of the document being
				developed is complete; and
(4)
				Appointing the conveners of technical meetings.
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 20.2.99.122 - NOTIFICATION PROCEDURES FOR ROUTINE ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Notification of affected agencies (including those listed in
				  Paragraph (1) of Subsection C of
				  20.2.99.116 NMAC) of
				  transportation plan or TIP amendments which merely add or delete exempt
				  projects listed in
				  20.2.99.149
				  NMAC, shall be the affirmative responsibility of NMDOT and/or the MPO. Such
				  notification shall be provided not later than thirty (30) days prior to the
				  preparation of the final draft of the document or decision. This process shall
				  include:
A. notification of the
				affected agencies (including those listed in Paragraph (1) of Subsection C of
				20.2.99.116 NMAC) early in the process of decision on the final document;
				and
B. supplying all relevant
				documents and information to the affected agencies (including those listed in
				Paragraph (1) of Subsection C of 20.2.99.116 NMAC).
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 20.2.99.123 - CONFLICT RESOLUTION AND APPEALS TO THE GOVERNOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any conflict among state agencies or
				between state agencies and an MPO shall be escalated to the governor if the
				conflict cannot be resolved by the heads of the involved agencies. Prior to
				such escalation, such agencies shall make every effort to resolve any
				differences, including personal meetings between the heads of such agencies or
				their policy-level representatives, to the extent possible.
B. The department has fourteen (14) calendar
				days to appeal a determination of conformity (or other policy decision under
				this part) to the governor after NMDOT or MPO has notified the department of
				the resolution of all comments on such determination of conformity or policy
				decision. Such fourteen-day period shall commence when the MPO or NMDOT has
				confirmed receipt by the secretary of the department of the resolution of the
				comments of the department. If the department appeals to the governor, the
				final conformity determination must have the concurrence of the governor. The
				department must provide notice of any appeal under this Subsection to the MPO
				and NMDOT. If the department does not appeal to the governor within fourteen
				(14) days, the MPO or NMDOT may proceed with the final conformity
				determination.
C. In the case of
				any comments with regard to findings of fiscal constraint under 20.2.99.127
				NMAC or the air quality effects of any determination of conformity, NMDOT has
				fourteen (14) calendar days to appeal a determination of conformity (or other
				policy decision under this part) to the governor after the MPO has notified the
				department or NMDOT of the resolution of all comments on such determination of
				conformity or policy decision. Such fourteen-day period shall commence when the
				MPO has confirmed receipt by the secretary of the department or NMDOT of the
				resolution of the comments of NMDOT. If NMDOT appeals to the governor, the
				final conformity determination must have the concurrence of the governor. NMDOT
				must provide notice of any appeal under this subsection to the MPO and the
				department. If NMDOT does not appeal to the governor within fourteen days, the
				MPO may proceed with the final conformity determination.
D. The governor may delegate the role of
				hearing any such appeal under this Subsection and of deciding whether to concur
				in the conformity determination to another official or agency within the state,
				but not to the head or staff of the department or any local air quality agency,
				NMDOT, a state transportation commission or board, any agency that has
				responsibility for one of these functions, or an MPO.
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 20.2.99.124 - PUBLIC CONSULTATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Affected agencies making conformity
				determinations on transportation plans, programs, and projects shall establish
				a proactive public involvement process which provides opportunity for public
				review and comment by, at a minimum providing reasonable public access to
				technical and policy information considered by the agency at the beginning of
				the public comment period, and prior to taking formal action on a conformity
				determination for all transportation plans and TIPs, and projects, consistent
				with the requirements of 23 CFR part 450, including sections 450.316 (a),
				450.322(c), and 450.324(c) as in effect on the date of adoption of this Part.
				Any charges imposed for public inspection and copying should be consistent with
				the fee schedule contained in
				49
				CFR 7.43. In addition, any such agency must
				specifically address in writing all public comments which allege that known
				plans for a regionally significant project which is not receiving FHWA or FTA
				funding or approval have not been properly reflected in the emissions analysis
				supporting a proposed conformity finding for a transportation plan or TIP. Any
				such agency shall also provide opportunity for public involvement in conformity
				determinations for projects to the extent otherwise required by law (e.g.
				NEPA).
B. The opportunity for
				public involvement provided under this section (20.2.99.124 NMAC) shall include
				access to information, emissions data, analyses, models and modeling
				assumptions used to perform a conformity determination, and the obligation of
				any such agency to consider and respond in writing to significant
				comments.
C. No transportation
				plan, TIP, or project may be found to conform unless the determination of
				conformity has been subject to a public involvement process in accordance with
				this section, without regard to whether the US DOT has certified any process
				under 23 CFR part 450.
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 20.2.99.125 - CONTENT OF TRANSPORTATION PLANS AND TIMEFRAMES 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 nonattainment areas and in serious carbon monoxide nonattainment
				areas. If the metropolitan planning area contains an urbanized area population
				greater than two hundred thousand (200,000), the transportation plan must
				specifically describe the transportation system envisioned for certain future
				years which shall be called horizon years.
(1)
				The agency or organization developing the transportation plan, after
				consultation in accordance with 20.2.99.116 NMAC through 20.2.99.124 NMAC, may
				choose any years to be horizon years, subject to the following restrictions:
(a) horizon years may be no more than ten
				(10) years apart.
(b) the first
				horizon year may be no more than ten (10) years from the base year used to
				validate the transportation demand planning model.
(c) the attainment year is must be a horizon
				year if it is in the timeframe 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 timeframe of the
				conformity determination has been shortened under Subsection D of this section
				(20.2.99.125 NMAC), the last year of the timeframe of the conformity
				determination must be a horizon year.
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 20.2.99.126 - RELATIONSHIP OF TRANSPORTATION PLAN AND TIP CONFORMITY TO 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 must meet the criteria in
				  20.2.99.128
				  NMAC through
				  20.2.99.138
				  NMAC for projects not from a TIP before NEPA process
				  completion.
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 20.2.99.127 - FISCAL CONSTRAINTS FOR TRANSPORTATION PLANS AND TIPS

Current through Register Vol. 35, No. 13, July 16, 2024
Transportation plans and TIPs must be fiscally constrained
				  consistent with US DOT's metropolitan planning regulations at 23 CFR Part 450
				  in order to be found in conformity. The determination that a transportation
				  plan or TIP is fiscally constrained shall be subject to consultation in
				  accordance with
				  20.2.99.116 NMAC
				  through
				  20.2.99.124
				  NMAC.
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 20.2.99.128 - 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 US DOT must
				demonstrate that the applicable criteria and procedures in this part are
				satisfied and the MPO and US DOT must comply with all applicable conformity
				requirements of implementation plans and of 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 or state projects), the relevant pollutant(s), and
				the status of the implementation plan.
B. The following table (table 1) indicates
				the criteria and procedures in 20.2.99.129 NMAC through 20.2.99.138 NMAC which
				apply for transportation plans, TIPs, and FHWA/FTA projects. Subsections C
				through K of this section (20.2.99.128 NMAC) explain when the budget, interim
				emissions, and hot spot tests are required for each pollutant and NAAQS.
				Subsection L of this section (20.2.99.128 NMAC) addresses conformity
				requirements for areas with approved or adequate limited maintenance plans.
				Subsection M of this section (20.2.99.128 NMAC) addresses nonattainment and
				maintenance areas which EPA has determined have insignificant motor vehicle
				emissions. Subsection N of this section (20.2.99.128 NMAC) addresses isolated
				rural nonattainment and maintenance areas. Table 1 follows. Table 1. Conformity
				Criteria.
(1) All actions at all times
(a) 20.2.99.129 NMAC. Latest planning
				assumptions
(b) 20.2.99.130 NMAC.
				Latest emissions model
(c)
				20.2.99.131 NMAC. Consultation