reglab/statecodes huggingface dataset:
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 20.2.99.129 - CRITERIA AND PROCEDURES - LATEST PLANNING ASSUMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as provided in this paragraph, the
				conformity determination, with respect to all other applicable criteria in
				20.2.99.130 NMAC through 20.2.99.138 NMAC, must be based upon the most recent
				planning assumptions in force at the time the conformity analysis begins. The
				conformity determination must satisfy the requirements of Subsections B through
				F of 20.2.99.129 NMAC using the planning assumptions available at the time the
				conformity analysis begins as determined through the interagency consultation
				process required Subparagraph (a) of Paragraph (1) of Subsection C of Section
				20.2.99.116 NMAC. The "time the conformity analysis begins" for a
				transportation plan or TIP determination in the point at which the MPO or the
				other designated agency begins to model the impact of the proposed
				transportation plan or TIP on travel and/or emissions. New data that becomes
				available after an analysis begins is required to be used in the conformity
				determination only if a significant delay in the analysis has occurred, as
				determined through interagency consultation.
B. Assumptions (including, but not limited
				to, vehicle miles traveled per capita or per household, trip generation per
				household, vehicle occupancy, household size, vehicle fleet mix, vehicle
				ownership, and the geographic distribution of population growth) must be
				derived from the estimates of current and future population, employment,
				travel, and congestion most recently developed by the MPO, or other agency
				authorized to make such estimates and approved by the MPO. The conformity
				determination must also be based on the latest assumptions about current and
				future background concentrations.
C. The conformity determination for each
				transportation plan and TIP must discuss how transit operating policies
				(including fares and service levels) and assumed transit ridership have changed
				since the previous conformity determination.
D. The conformity determination must include
				reasonable assumptions about transit service and increases in transit fares and
				road and bridge tolls over time.
E.
				The conformity determination must use the latest existing information regarding
				the effectiveness of the TCMs and other implementation plan measures which have
				already been implemented.
F. Key
				assumptions shall be specified and included in the draft documents and
				supporting materials used for the interagency and public consultation required
				by 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 20.2.99.130 - CRITERIA AND PROCEDURES - LATEST EMISSIONS MODEL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The conformity determination shall be
				based on the latest emission estimation model available. This criterion is
				satisfied if the most current version of the motor vehicle emissions model
				specified by US EPA for use in the preparation or revision of implementation
				plans in the State or area is used for the conformity analysis. Where EMFAC is
				the motor vehicle emissions model used in preparing or revising the SIP, new
				versions must be approved by US EPA before they are used in the conformity
				analysis.
B. US EPA will consult
				with US DOT to establish a grace period following the specification of any new
				model. The grace period will be no less than three (3) months and no more than
				twenty-four (24) months after notice of availability is published in the
				Federal Register. The length of the grace period will depend on the degree of
				change in the model and the scope of re-planning likely to be necessary by MPOs
				in order to assure conformity. If the grace period will be longer than three
				(3) months, US EPA will announce the appropriate grace period in the Federal
				Register.
C. Conformity analyses
				for which the emissions analysis was begun before the Federal Register notice
				of availability of the latest emission model, or during the grace period
				announced in such notice, may continue to use the previous version of the model
				for transportation plans and TIPs. The previous model may also be used for
				projects if the analysis was begun during the grace period or before the
				Federal Register notice of availability, provided no more than three (3) years
				have passed since the draft environmental document was issued.
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 20.2.99.131 - CRITERIA AND PROCEDURES - CONSULTATION

Current through Register Vol. 35, No. 13, July 16, 2024
Conformity determinations must be determined according to the
				  consultation procedures in this Part, and according to the public involvement
				  procedures established in compliance with 23 CFR part 450. Until this Part is
				  fully approved by US EPA as an implementation plan revision, the conformity
				  determination must be made according to the procedures in
				  40
				  CFR 93.105(a)(2) and
				  (e).
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 20.2.99.132 - CRITERIA AND PROCEDURES - TIMELY IMPLEMENTATION OF TCMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				transportation plan, TIP, or any FHWA/FTA project which is not from a
				conforming plan and TIP must provide for the timely implementation of TCMs from
				the SIP.
B. For transportation
				plans, this criterion is satisfied if the following two conditions are met:
(1) The transportation plan, in describing
				the envisioned future transportation system, provides for the timely completion
				or implementation of all TCMs in the SIP, which are eligible for funding under
				title 23 U.S.C. or the Federal Transit Laws, consistent with schedules included
				in the SIP.
(2) Nothing in the
				transportation plan interferes with the implementation of any TCM in the
				SIP.
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 20.2.99.133 - CRITERIA AND PROCEDURES - CURRENTLY CONFORMING TRANSPORTATION PLAN AND TIP

Current through Register Vol. 35, No. 13, July 16, 2024
There must be a currently conforming transportation plan and
				  currently conforming TIP at the time of project approval, or a project must
				  meet the requirements in Subsection B of
				  20.2.99.111
				  NMAC during the twelve (12) month lapse grace period. Only one conforming
				  transportation plan or TIP may exist in an area at any time; conformity
				  determinations of a previous transportation plan or TIP expire once the
				  conformity determination for the current plan or TIP is made by US DOT. The
				  conformity determination on a transportation plan or TIP will also lapse if
				  conformity is not determined according to the frequency requirements of
				  20.2.99.111
				  NMAC through
				  20.2.99.115
				  NMAC. This criterion is not required to be satisfied at the time of project
				  approval for a TCM specifically included in the SIP, provided that all other
				  relevant criteria of this Part are satisfied.
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 20.2.99.134 - CRITERIA AND PROCEDURES - PROJECTS FROM A TRANSPORTATION PLAN AND TIP

Current through Register Vol. 35, No. 13, July 16, 2024
A. The project must
				come from a conforming transportation plan and TIP. If this criterion is not
				satisfied, the project must satisfy all criteria in table 1 of Subsection B of
				20.2.99.128 NMAC for a project not from a conforming transportation plan and
				TIP. A project is considered to be from a conforming transportation plan if it
				meets the requirements of Subsection B of 20.2.99.134 NMAC and from a
				conforming TIP if it meets the requirements of Subsection C of 20.2.99.134
				NMAC. Special provisions for TCMs in an applicable implementation plan are
				provided in Subsection D of 20.2.99.134 NMAC.
B. A project is considered to be from a
				conforming transportation plan if one of the following conditions apply:
(1) for projects which are required to be
				identified in the transportation plan in order to satisfy 20.2.99.125 NMAC, the
				project is specifically included in the conforming transportation plan and the
				project's design concept and scope have not changed significantly from those
				which were described in the transportation plan, or in a manner which would
				significantly impact use of the facility; or
(2) for projects which are not required to be
				specifically identified in the transportation plan, the project is identified
				in the conforming transportation plan, or is consistent with the policies and
				purpose of the transportation plan and will not interfere with other projects
				specifically included in the transportation 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 20.2.99.135 - CRITERIA AND PROCEDURES - LOCALIZED CO, PM10, AND PM2.5 VIOLATIONS (HOT SPOTS)

Current through Register Vol. 35, No. 13, July 16, 2024
A. This
				subsection (Subsection A of 20.2.99.135 NMAC) applies at all times. The
				FHWA/FTA project must not cause or contribute to any new localized CO,
				PM10, and/or PM2.5 violations,
				increase the frequency or severity of any existing CO,
				PM10, and/or PM2.5 violations, or
				delay timely attainment of any NAAQS or any required interim emission
				reductions or other milestones in CO, PM10, and
				PM2.5 nonattainment and maintenance areas. This
				criterion is satisfied without a hotspot analysis in
				PM10 and PM2.5 nonattainment and
				maintenance areas for FHWA/FTA projects that are not identified in Paragraph
				(1) of Subsection B of 20.2.99.148 NMAC. This criterion is satisfied for all
				other FHWA/FTA projects in CO, PM10, and
				PM2.5 nonattainment and maintenance areas if it is
				demonstrated that during the time frame of the transportation plan no new local
				violations will be created and the severity or number of existing violations
				will not be increased as a result of the project, and the project has been
				included in a regional emissions analysis that meets applicable 20.2.99.137
				NMAC and/or 20.2.99.138 NMAC requirements. The demonstration shall be performed
				according to the consultation requirements of Subsection A of 20.2.99.120 NMAC
				and the methodology requirements of 20.2.99.148 NMAC.
B. This subsection (Subsection B of
				20.2.99.135 NMAC) applies for CO nonattainment areas as described in Paragraph
				(1) of Subsection F of 20.2.99.128 NMAC. Each FHWA/FTA project must eliminate
				or reduce the severity and number of localized CO violations in the area
				substantially affected by the project (in CO nonattainment areas). This
				criterion is satisfied with respect to existing localized CO violations if it
				is demonstrated that during the time frame of the transportation plan (or
				regional emissions analysis) existing localized CO violations will be
				eliminated or reduced in severity and number as a result of the project. The
				demonstration must be performed according to the consultation requirements of
				Subsection A of 20.2.99.120 NMAC and the methodology requirements of
				20.2.99.146 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 20.2.99.136 - CRITERIA AND PROCEDURES - COMPLIANCE WITH PM10 and PM2.5 CONTROL MEASURES

Current through Register Vol. 35, No. 13, July 16, 2024
The FHWA/FTA project must comply with PM10and PM2.5 control
				  measures in the applicable implementation plan. This criterion is satisfied if
				  the project-level conformity determination contains a written commitment from
				  the project sponsor to include in the final plans, specifications, and
				  estimates for the project those control measures (for the purpose of limiting
				  PM10and PM2.5 emissions from the construction activities and/or normal use and
				  operation associated with the project) that are contained in the applicable
				  implementation SIP.
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 20.2.99.137 - CRITERIA AND PROCEDURES - MOTOR VEHICLE EMISSIONS BUDGET

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				transportation plan, TIP, and project not from a conforming transportation plan
				and TIP must be consistent with the motor vehicle emissions budget(s) in the
				applicable control strategy implementation plan (or implementation plan
				submission). This criterion applies as described in Subsections C through N of
				20.2.99.128 NMAC. This criterion is satisfied if it is demonstrated that
				emissions of the pollutants or pollutant precursors described in Subsection C
				of 20.2.99.137 NMAC are less than or equal to the motor vehicle emissions
				budget(s) established in the applicable implementation plan or implementation
				plan submission.
B. Consistency
				with the motor vehicle emissions budget(s) must be demonstrated for each year
				for which the applicable (and/or submitted) implementation plan specifically
				establishes motor vehicle emissions budget(s), for the attainment year (if it
				is within the time frame of the transportation plan and conformity
				determination), for the last year of the timeframe of the conformity
				determination (as described under Subsection D of 20.2.99.125 NMAC), and for
				any intermediate years within the timeframe of the conformity determination as
				necessary so that the years for which consistency is demonstrated are no more
				than ten years apart, as follows.
(1) Until a
				maintenance plan is submitted:
(a) emissions
				in each year (such as milestone years and the attainment year) for which the
				control strategy implementation plan revision establishes motor vehicle
				emissions budget(s) must be less than or equal to that year's motor vehicle
				emissions budget(s); and
(b)
				emissions in years for which no motor vehicle emissions budget(s) are
				specifically established must be less than or equal to the motor vehicle
				emissions budget(s) established for the most recent prior year; for example,
				emissions in years after the attainment year for which the implementation plan
				does not establish a budget must be less than or equal to the motor vehicle
				emissions budget(s) for the attainment 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 20.2.99.138 - CRITERIA AND PROCEDURES - INTERIM EMISSIONS IN AREAS WITHOUT MOTOR VEHICLE EMISSIONS BUDGETS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				transportation plan, TIP, and project not from a conforming transportation plan
				and TIP must satisfy the interim emissions test(s) as described in Subsections
				C through N of 20.2.99.128 NMAC. This criterion applies to the net effect of
				the action (transportation plan, TIP, or project not from a conforming
				transportation plan and TIP) on motor vehicle emissions from the entire
				transportation system.
B. Ozone
				areas. The requirements of this subsection (Subsection B of 20.2.99.138 NMAC)
				apply to all 1-hour ozone and 8-hour ozone NAAQS areas, except for certain
				requirements as indicated. This criterion may be met.
(1) In moderate and above ozone nonattainment
				areas that are subject to the reasonable further progress requirements of CAA
				Section 182(b)(1) if a regional emissions analysis that satisfies the
				requirements of 20.2.99.141 NMAC through 20.2.99.147 NMAC and Subsections G
				through L of 20.2.99.138 NMAC demonstrates that for each analysis year and for
				each of the pollutants described in Subsection F of 20.2.99.138 NMAC:
(a) the emissions predicted in the "action"
				scenario are less than the emissions predicted in the "baseline" scenario, and
				this can be reasonably expected to be true in the periods between the analysis
				years; and
(b) the emissions
				predicted in the "action" scenario are lower than 1990 emissions by any nonzero
				amount, in areas for the 1-hour ozone NAAQS as described in Subsection C of
				section 20.2.99.128 NMAC; or the 2002 emissions by any nonzero amount, in areas
				for the 8-hour ozone NAAQS as described in Subsections D and E of 20.2.99.128
				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 20.2.99.139 - CONSEQUENCES OF CONTROL STRATEGY IMPLEMENTATION PLAN FAILURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Disapprovals.
(1) If US EPA disapproves any submitted
				control strategy implementation plan revision (with or without a protective
				finding), the conformity status of the transportation plan and TIP shall lapse
				on the date that highway sanctions as a result of the disapproval are imposed
				on the nonattainment area under Section 179(b)(1) of the CAA. No new
				transportation plan, TIP, or project may be found to conform until another
				control strategy implementation plan revision fulfilling the same CAA
				requirements is submitted and conformity to this submission is
				determined.
(2) If US EPA
				disapproves a submitted control strategy implementation plan revision without
				making a protective finding, only projects in the first four (4) years of the
				currently conforming transportation plan and TIP or that meet the requirements
				of Subsection B of 20.2.99.111 NMAC during the 12-month lapse grace period may
				be found to conform. This means that beginning on the effective date of a
				disapproval without a protective finding, no transportation plan, TIP, or
				project not in the first four (4) years of the currently conforming
				transportation plan and TIP or that meets the requirements of Subsection B of
				20.2.99.111 NMAC during the 12-month lapse grace period may be found to conform
				until another control strategy implementation plan revision fulfilling the same
				Clean Air Act requirements is submitted, US EPA finds its motor vehicle
				emissions budget(s) adequate pursuant to section 20.2.99.137 NMAC or approves
				the submission, and conformity to the implementation plan revision is
				determined.
(3) In disapproving a
				control strategy implementation plan revision, US EPA would give a protective
				finding where a submitted plan contains adopted control measures or written
				commitments to adopt enforceable control measures that fully satisfy the
				emissions reductions requirements relevant to the statutory provision for which
				the implementation plan revision was submitted, such as reasonable further
				progress or attainment.
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 20.2.99.140 - REQUIREMENTS FOR ADOPTION OR APPROVAL OF PROJECTS BY OTHER RECIPIENTS OF FUNDS DESIGNATED UNDER TITLE 23 U.S.C. OR THE FEDERAL TRANSIT LAWS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as
				provided in Subsection B of 20.2.99.140 NMAC, no recipient of federal funds
				designated under title 23 U.S.C. or the federal transit laws shall adopt or
				approve a regionally significant highway or transit project, regardless of
				funding source, unless the recipient finds that the requirements of one of the
				following are met:
(1) the project comes from
				the currently conforming transportation plan and TIP (or meets the requirements
				of Subsection B of 20.2.99.111 NMAC during the 12-month lapse grace period),
				and the project's design concept and scope have not changed significantly from
				those that were included in the regional emissions analyses for that
				transportation plan and TIP; or
(2)
				the project is included in the regional emissions analysis for the currently
				conforming transportation plan and TIP conformity determination (or meets the
				requirements of Subsection B of 20.2.99.111 NMAC during the 12-month lapse
				grace period), even if the project is not strictly included in the
				transportation plan or TIP for the purpose of MPO project selection or
				endorsement, and the project's design concept and scope have not changed
				significantly from those which were included in the regional emissions
				analysis; or
(3) a new regional
				emissions analysis including the project and the currently conforming
				transportation plan and TIP demonstrates that the transportation plan and TIP
				would still conform if the project were implemented (consistent with the
				requirements of 20.2.99.137 NMAC and/or 20.2.99.138 NMAC for a project not from
				a conforming transportation plan and TIP).
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 20.2.99.141 - PROCEDURES FOR DETERMINING REGIONAL TRANSPORTATION-RELATED POLLUTANT EMISSIONS - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				regional emissions analysis required by 20.2.99.137 NMAC and 20.2.99.138 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, including 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 20.2.99.116 NMAC through 20.2.99.124 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. The effects of TCMs and
				similar projects that are not regionally significant may also be estimated in
				accordance with reasonable professional practice.
B. 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.
C.
				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:
(1) The regulatory
				action is already adopted by the enforcing jurisdiction;
(2) The project, program, or activity is
				included in the applicable implementation plan;
(3) The control strategy implementation plan
				submission or maintenance plan submission that establishes the motor vehicle
				emissions budget (s) for the purposes of 20.2.99.137 NMAC contains a written
				commitment to the project, program, or activity by the agency with authority to
				implement it; or
(4) US EPA has
				approved an opt-in to a Federally enforced program, US EPA has promulgated the
				program (if the control program is a Federal responsibility, such as vehicle
				tailpipe standards), or the CAA requires the program without need for
				individual State action and without any discretionary authority for US EPA to
				set its stringency, delay its effective date, or not implement the
				program.
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 20.2.99.142 - PROCEDURES FOR DETERMINING REGIONAL TRANSPORTATION-RELATED POLLUTANT EMISSIONS - ANALYSIS IN SERIOUS, SEVERE, AND EXTREME OZONE NONATTAINMENT AREAS AND SERIOUS CARBON MONOXIDE AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
Regional emissions analyses must meet the requirements of
				  subsections A through C of 20.2.99.142 NMAC if their metropolitan planning area
				  contains an urbanized area population over two hundred thousand
				  (200,000).
A. By January 1, 1997,
				estimates of regional transportation-related emissions used to support
				conformity determinations must be made at a minimum using network-based travel
				models according to procedures and methods that are available and in practice
				and supported by current and available documentation. These procedures,
				methods, and practices are available from US DOT and will be updated
				periodically. Agencies must discuss these modeling procedures and practices
				through the interagency consultation process, as required by 20.2.99.120 NMAC.
				Network-based travel models must at a minimum satisfy the following
				requirements:
(1) Network-based models must
				be validated against observed counts (peak and off-peak, if possible) for a
				base year that is not more than ten (10) years prior to the date of the
				conformity determination. Model forecasts must be analyzed for reasonableness
				and compared to historical trends and other factors, and the results must be
				documented;
(2) Land use,
				population, employment, and other network-based travel model assumptions must
				be documented and based on the best available information;
(3) Scenarios of land development and use
				must be consistent with the future transportation system alternatives for which
				emissions are being estimated. The distribution of employment and residences
				for different transportation options must be reasonable;
(4) A capacity-sensitive assignment
				methodology must be used, and emissions estimates must be based on a
				methodology which differentiates between peak and off-peak link volumes and
				speeds and uses speeds based on final assigned volumes;
(5) Zone-to-zone travel impedances used to
				distribute trips between origin and destination pairs shall be in reasonable
				agreement with the travel times that are estimated from final assigned traffic
				volumes. Where use of transit currently is anticipated to be a significant
				factor in satisfying transportation demand, these times should also be used for
				modeling mode splits; and
(6)
				Network-based travel models must be reasonably sensitive to changes in the
				time(s), cost(s), and other factors affecting travel choices.
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 20.2.99.143 - PROCEDURES FOR DETERMINING REGIONAL TRANSPORTION- RELATED POLLUTION EMISSIONS - TWO-YEAR GRACE PERIOD FOR REGIONAL EMISSIONS ANALYSIS REQUIREMENTS IN CERTAIN OZONE AND CO AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements of
				  20.2.99.142
				  NMAC apply in such areas or portions of such areas that have not previously
				  been required to meet these requirements for any existing NAAQS two years from
				  the following:
A. the effective date
				of US EPA's reclassification of an ozone or CO nonattainment area that have an
				urbanized area population greater than 200,000 to serious or above;
B. the official notice by the census bureau
				that determines the urbanized area population of a serious or above ozone or CO
				nonattainment area to be greater than 200,000; or
C. the effective date of US EPA's action that
				classifies a newly designated ozone or CO nonattainment area that has an
				urbanized area population greater than 200,000 as serious or above.
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 20.2.99.144 - PROCEDURES FOR DETERMINING REGIONAL TRANSPORTATION- RELATED POLLUTANT EMISSIONS - AREAS WHICH ARE NOT SERIOUS, SEVERE OR EXTREME OZONE NONATTAINMENT AREAS OR SERIOUS CARBON MONOXIDE AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
In all areas not otherwise subject to
				  20.2.99.142
				  NMAC, regional emissions analyses must use those procedures described in
				  20.2.99.142
				  NMAC if the use of those procedures has been the previous practice of the MPO.
				  Otherwise, areas not subject to
				  20.2.99.142
				  NMAC may estimate regional emissions using any appropriate methods that account
				  for VMT growth by, for example, extrapolating historical VMT or projecting
				  future VMT by considering growth in population and historical growth trends for
				  VMT per person. These methods must also consider future economic activity,
				  transit alternatives, and transportation system policies.
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 20.2.99.145 - PROCEDURES FOR DETERMINING REGIONAL TRANSPORTATION-RELATED POLLUTANT EMISSIONS - PM10 FROM CONSTRUCTION-RELATED FUGITIVE DUST

Current through Register Vol. 35, No. 13, July 16, 2024
A. For areas in which the implementation plan
				does not identify construction-related fugitive PM10 as a contributor to the
				nonattainment problem, the fugitive PM10 emissions associated with highway and
				transit project construction are not required to be considered in the regional
				emissions analysis.
B. In PM10
				nonattainment and maintenance areas with implementation plans which identify
				construction-related fugitive PM10 as a contributor to the nonattainment
				problem, the regional PM10 emissions analysis shall consider
				construction-related fugitive PM10 and shall account for the level of
				construction activity, the fugitive PM10 control measures in the SIP, and the
				dust-producing capacity of the proposed activities.
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 20.2.99.146 - PROCEUDURES FOR DETERMINING REGIONAL TRANSPORTATION - RELATED POLLUTANT EMISSIONS - PM2.5 FROM CONSTRUCTION - RELATED FUGITIVE DUST

Current through Register Vol. 35, No. 13, July 16, 2024
A. For PM2.5 areas in which the
				implementation plan does not identify construction-related fugitive PM2.5as a
				significant contributor to the nonattainment problem, the fugitive PM2.5
				emissions associated with highway and transit project construction are not
				required to be considered on the regional emissions analysis.
B. In PM2.5 nonattainment and maintenance
				areas with implementation plans which identify construction-related fugitive
				PM2.5 as a significant contributor to the nonattainment problem, the regional
				PM2.5 emissions analysis shall consider construction-related fugitive PM2.5 and
				shall account for the level of construction activity, the fugitive PM2.5
				control measures in the applicable implementation plan, and the dust-producing
				capacity of the proposed activities.
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 20.2.99.147 - PROCEDURES FOR DETERMINING REGIONAL TRANSPORTATION-RELATED POLLUTANT EMISSIONS - RELIANCE ON PREVIOUS REGIONAL EMISSIONS ANALYSIS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Conformity determinations for a new
				transportation plan and/or TIP may be demonstrated to satisfy the requirements
				of Section 20.2.99.137 NMAC ("Motor vehicle emissions budget") or Section
				20.2.99.138 NMAC ("Emission reductions in areas without motor vehicle emissions
				budgets") without new regional emissions analysis if the regional emissions
				analysis if the previous regional emissions analysis also applies to the new
				plan and/or TIP. This requires a demonstration that:
(1) the new plan and/or TIP contains all
				projects which must be started in the plan and TIP's timeframe in order to
				achieve the highway and transit system envisioned by the transportation
				plan;
(2) all plan and TIP projects
				which are regionally significant are included in the transportation plan with
				design concept and scope adequate to determine their contribution to the
				transportation plan's and/or TIP's regional emissions at the time of the
				previous conformity determination; and
(3) the design concept and scope of each
				regionally significant project in the new plan and/or TIP are not significantly
				different from that described in the previous transportation plan;
				and
(4) the previous regional
				emissions analysis is consistent with the requirements of Section 20.2.99.137
				NMAC (including that conformity to all currently applicable budgets is
				demonstrated) and/or Section 20.2.99.138 NMAC, as applicable.
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 20.2.99.148 - PROCEDURES FOR DETERMINING LOCALIZED CO, PM10 AND PM2.5 CONCENTRATIONS (HOT-SPOT ANALYSIS)

Current through Register Vol. 35, No. 13, July 16, 2024
A. CO
				Hot-spot Analysis.
(1) The demonstrations
				required by 20.2.99.135 NMAC shall be based on quantitative analysis using the
				applicable air quality models, data bases, and other requirements specified in
				40 CFR part 51 appendix W ("Guideline on Air Quality Models"). These procedures
				shall be used in the following cases, unless, different procedures developed
				through the interagency consultation process required in 20.2.99.116 NMAC
				through 20.2.99.124 NMAC and approved by the EPA region 6 administrator are
				used:
(a) for projects in or affecting
				locations, areas, or categories of sites which are identified in the SIP as
				sites of violation or possible violation;
(b) for projects affecting intersections that
				are at level-of-service D, E, or F, or those that will change to
				level-of-service D, E, or F because of increased traffic volumes related to the
				project;
(c) for any project
				affecting one or more of the intersections which the SIP identifies as the top
				three intersections in the nonattainment or maintenance area based on the
				highest traffic volumes; and
(d)
				for any project affecting one or more of the intersections which the SIP
				identifies as the top three intersections in the nonattainment or maintenance
				area based on the worst level of service.
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 20.2.99.149 - USING THE MOTOR VEHICLE EMISSIONS BUDGET IN THE SIP (OR IMPLEMENTATION PLAN SUBMISSION)

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				interpreting an SIP (or implementation plan submission) with respect to its
				motor vehicle emissions budget(s), the MPO (or NMDOT in the absence of an MPO)
				and the US DOT may not infer additions to the budget(s) that are not explicitly
				intended by the implementation plan (or submission). Unless the implementation
				plan explicitly quantifies the amount by which motor vehicle emissions could be
				higher while still allowing a demonstration of compliance with the milestone,
				attainment, or maintenance requirement and explicitly states an intent that
				some or all of this additional amount should be available to the MPO (or NMDOT
				in the absence of an MPO), and the US DOT, in the emission budget for
				conformity purposes, neither the MPO (or NMDOT in the absence of an MPO) nor US
				DOT may interpret the budget to be higher than the implementation plan's
				estimate of future emissions. This applies in particular to SIPs (or
				submissions) which demonstrate that after implementation of control measures in
				the implementation plan:
(1) emissions from
				all sources will be less than the total emissions that would be consistent with
				a required demonstration of an emissions reduction milestone;
(2) either emissions from all sources will
				result in achieving attainment prior to the attainment deadline, and/or ambient
				concentrations in the attainment deadline year will be lower than needed to
				demonstrate attainment; or
(3)
				emissions will be lower than needed to provide for continued
				maintenance.
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 20.2.99.150 - ENFORCEABILITY OF DESIGN CONCEPT AND 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 and/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 scope which is used in the regional emissions
				analysis required by 20.2.99.137 NMAC and 20.2.99.138 NMAC or used in the
				project-level hot-spot analysis required by 20.2.99.135 NMAC.
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 of 20.2.99.135 NMAC,
				emission budget requirements of 20.2.99.137 NMAC, and interim emissions
				requirements of 20.2.99.138 NMAC are satisfied without the mitigation or
				control measure, and so notifies the agencies involved in the interagency
				consultation process required under 20.2.99.116 NMAC through 20.2.99.124 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 of
				20.2.99.137 NMAC and 20.2.99.138 NMAC and that the project still satisfies the
				requirements of 20.2.99.135 NMAC 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
				20.2.99.124 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 20.2.99.151 - EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Exempt projects.
				Notwithstanding the other requirements of this part, highway and transit
				projects of the types listed in table 2 of this section are exempt from the
				requirement to determine conformity. Such projects may proceed toward
				implementation even in the absence of a conforming transportation plan and TIP.
				A particular action of the type listed in table 2 (of this section) is not
				exempt if the MPO in consultation with other agencies (e.g. the department, see
				Subsection C of 20.2.99.120 NMAC, the US EPA, and the FHWA (in the case of a
				highway project) or the FTA (in the case of a transit project)) concur that it
				has potentially adverse emissions impacts for any reason. NMDOT and the MPO, in
				consultation with the department, as appropriate, must assure that exempt
				projects do not interfere with TCM implementation. Table 2 follows. Table 2.
				Exempt Projects.
(1) Safety:
(a) railroad/highway crossing;
(b) projects that correct, improve, or
				eliminate a hazardous location or feature;
(c) safer non-federal-aid system
				roads;
(d) shoulder
				improvements;
(e) increasing sight
				distance;
(f) highway safety
				improvement program implementation;
(g) traffic control devices and operating
				assistance other than signalization projects;
(h) railroad/highway crossing warning
				devices;
(i) guardrails, median
				barriers, crash cushions;
(j)
				pavement resurfacing or rehabilitation;
(k) pavement marking;
(l) emergency relief (
				23 U.S.C. 125
				);
(m) fencing;
(n) skid treatments;
(o) safety roadside rest areas;
(p) adding medians;
(q) truck climbing lanes outside the
				urbanized area;
(r) lighting
				improvements;
(s) widening narrow
				pavements or reconstructing bridges (no additional travel lanes);
(t) emergency truck pullovers.
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 20.2.99.152 - TRAFFIC SIGNAL SYNCHRONIZATION PROJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
Traffic signal synchronization projects may be approved,
				  funded, and implemented without satisfying the requirements of this part.
				  However, all subsequent regional emissions analyses required by
				  20.2.99.137
				  NMAC and
				  20.2.99.138
				  NMAC for transportation plans, TIPs, or projects not from a conforming plan and
				  TIP must include such regionally significant traffic signal synchronization
				  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 20.2.99.153 - SPECIAL EXEMPTIONS FROM CONFORMITY REQUIREMENTS FOR PILOT PROGRAM AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
EPA and NMDOT may exempt no more than six areas for no more
				  than three years from certain requirements of this subpart if these areas are
				  selected to participate in a conformity pilot program and have developed
				  alternative requirements that have been approved by EPA as an implementation
				  plan revision in accordance with 40 CFR part 51.390. For the duration of the
				  pilot program, areas selected to participate in the pilot program must comply
				  with the conformity requirements of the pilot area's implementation plan
				  revision for Section 51.390 of this chapter and all other requirements in 40
				  CFR parts 51 and 93 that are not covered by the pilot area's implementation
				  plan revision for 40 CFR part 51.390. The alternative conformity requirements
				  in conjunction with any applicable state and/or federal conformity requirements
				  must be proposed to fulfill all of the requirements of and achieve results
				  equivalent to or better than Section 176(c) of the Clean Air Act. After the
				  three-year duration of the pilot program has expired, areas will again be
				  subject to all of the requirements of this subpart and 40 CFR part 51, subpart
				  T, and/or to the requirements of any implementation plan revision that was
				  previously approved by EPA in accordance with 40 CFR part
				  51.390.
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 20.2.99.154 - 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 EPA. Following 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 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
				  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 20.2.99.9 - 20.2.99.100 - RESERVED

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 101 - CARBON DIOXIDE EMISSION STANDARDS FOR COAL-FIRED ELECTRIC GENERATING FACILITIES › Section 20.2.101.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All geographic areas within the jurisdiction of the
				  Environmental Improvement Board.