New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.122 - PROCEDURES FOR DETERMINING REGIONAL TRANSPORTATION-RELATED EMISSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General
				requirements:
(1) The regional emissions
				analysis required by 20.11.3.118 NMAC and 20.11.3.119 NMAC for the
				transportation plan, TIP or project not from a conforming plan and TIP shall
				include all regionally significant projects expected in the nonattainment or
				maintenance area. The analysis shall include FHWA/FTA projects proposed in the
				transportation plan and TIP and all other regionally significant projects which
				are disclosed to the MPO as required by 20.11.3.105 NMAC. Projects which are
				not regionally significant are not required to be explicitly modeled, but
				vehicle miles traveled (VMT) from such projects shall be estimated in
				accordance with reasonable professional practice and shall be reviewed by the
				TCTC as part of the interagency consultation described in Paragraph (1) of
				Subsection D of 20.11.3.105 NMAC. The effects of TCMs and similar projects that
				are not regionally significant may also be estimated in accordance with
				reasonable professional practice and shall be reviewed by the TCTC as part of
				the interagency consultation described in Paragraph (1) of Subsection D of
				20.11.3.105 NMAC.
(2) The emissions
				analysis may not include for emissions reduction credit any TCMs or other
				measures in the applicable implementation plan which have been delayed beyond
				the scheduled date(s) until such time as their implementation has been assured.
				If the measure has been partially implemented and it can be demonstrated that
				it is providing quantifiable emission reduction benefits, the emissions
				analysis may include that emissions reduction credit.
(3) Emissions reduction credit from projects,
				programs or activities which require a regulatory action in order to be
				implemented may not be included in the emissions analysis unless:
(a) the regulatory action is already adopted
				by the enforcing jurisdiction;
(b)
				the project, program or activity is included in the applicable implementation
				plan;
(c) the control strategy
				implementation plan submission or maintenance plan submission that establishes
				the motor vehicle emissions budget(s) for the purposes of 20.11.3.118 NMAC
				contains a written commitment to the project, program or activity by the agency
				with authority to implement it; or
(d) EPA has approved an opt-in to a federally
				enforced program, EPA has promulgated the program (if the control program is a
				federal responsibility, such as vehicle tailpipe standards), or the Clean Air
				Act requires the program without need for individual state action and without
				any discretionary authority for EPA to set its stringency, delay its effective
				date or not implement the program.
(4) Emissions reduction credit from control
				measures that are not included in the transportation plan and TIP and that do
				not require a regulatory action in order to be implemented may not be included
				in the emissions analysis unless the conformity determination includes written
				commitments to implementation from the appropriate entities.
(a) Persons or entities voluntarily
				committing to control measures shall comply with the obligations of such
				commitments.
(b) The conformity
				implementation plan revision required in
				40 CFR
				51.390 shall provide that written commitments
				to control measures that are not included in the transportation plan and TIP
				shall be obtained prior to a conformity determination and that such commitments
				shall be fulfilled.
(5)
				A regional emissions analysis for the purpose of satisfying the requirements of
				20.11.3.119 NMAC shall make the same assumptions in both the baseline and
				"action" scenarios regarding control measures that are external to the
				transportation system itself, such as vehicle tailpipe or evaporative emission
				standards, limits on gasoline volatility, vehicle inspection and maintenance
				programs, and oxygenated or reformulated gasoline or diesel fuel.
(6) The ambient temperatures used for the
				regional emissions analysis shall be consistent with those used to establish
				the emissions budget in the applicable implementation plan. All other factors,
				for example the fraction of travel in a hot stabilized engine mode, shall be
				consistent with the applicable implementation plan, unless modified after
				interagency consultation according to Subparagraph (a) of Paragraph (1) of
				Subsection D of 20.11.3.105 NMAC to incorporate additional or more
				geographically specific information or represent a logically estimated trend in
				such factors beyond the period considered in the applicable implementation
				plan.
(7) Reasonable methods shall
				be used to estimate nonattainment or maintenance area VMT on off-network
				roadways within the urban transportation planning area, and on roadways outside
				the urban transportation planning area.