New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.105 - CONSULTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. General:
				Transportation plans and programs shall be in conformity with the applicable
				implementation plan (SIP) for the nonattainment/maintenance area of Bernalillo
				county. The MRCOG, as the MPO, is responsible for conducting the air quality
				transportation conformity analyses for all of Bernalillo county. The applicable
				plans and programs are the TIP and the MTP. The document serving to demonstrate
				conformity is the transportation/air quality conformity finding. 20.11.3.105
				NMAC provides procedures for interagency consultation (federal, state and
				local) and resolution of conflicts. Such consultation procedures shall be
				undertaken by the MPO, state DOT and DOT with the air agency and EPA before
				making conformity determinations and by the air agency and EPA with the MPO,
				state DOT and DOT in developing applicable implementation plan
				revisions.
B. Interagency
				consultation procedures: General factors: The affected agencies shall
				participate in an interagency consultation process to assure that proposed
				transportation investments conform with the applicable implementation plan
				developed pursuant to the CAA. The affected agencies shall participate in a
				consultation process during the development of the transportation-related
				elements in the applicable SIP (i.e. TCMs, the MTP, and the TIP under
				23 CFR Section
				450.314 and
				49 CFR Section
				613.100 ), any significant revisions to the
				preceding documents and all conformity determinations required by 20.11.3 NMAC.
(1) The affected agencies acting in
				consultation include: EHD; EPA; FHWA; FTA; MPO; state DOT; local publicly-owned
				transit operator; appropriate local government transportation agencies and land
				use planning agencies (e.g. city of Albuquerque and Bernalillo county planning
				departments); and other federal and state agencies as appropriate.
(2) Each lead agency in the consultation
				process required under Subsection D of 20.11.3.105 NMAC (i.e. the agency
				responsible for preparing the final document subject to the interagency
				consultation process) shall provide reasonable opportunity for consultation
				with the affected agencies identified above. The lead agency shall provide to
				the affected agencies all information needed for meaningful input and shall
				consider the views of each agency and respond in writing to substantive written
				comments submitted during the formal comment period prior to making a final
				decision on such document. Such written response shall be made part of the
				record of any decision or action. Roles of these agencies are further described
				in Paragraph (1) of Subsection C of 20.11.3.105 NMAC below.
(3) Project planning, public involvement,
				management systems, project development and other requirements for the MPO,
				state DOT and the local publicly-owned transit operator are covered by the
				applicable DOT rules and regulations for MPOs and state DOTs ( 23 CFR Part 450,
				500, 626 and 771, 49 CFR 613 ).