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 20.2.99.107 - 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
				  20.2.99.105
				  NMAC. The lead agency for each activity shall be as specified, and the
				  participating agencies shall be the agencies specified in Subsection C of
				  20.2.99.102 NMAC
				  above or as specified for the specific activity. Not later than 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 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 design scope of projects which are disclosed to the MPO, as
				required by Subsection D of 20.2.99.107 NMAC, but whose sponsors have not yet
				decided these features in sufficient detail to perform the regional emissions
				analysis. 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 NMDOT or the MPO, as
				applicable. Participating agencies shall be the MPO, the department, and
				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 design 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 assurance 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 area 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, funding or otherwise, shall
				disclose such project to the designated MPO for the nonattainment area 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 a 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 area 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. 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.
(4) For the purposes of
				this section (20.2.99.107 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.