New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.158 - CRITERIA FOR DETERMINING CONFORMITY OF GENERAL FEDERAL ACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An action
				required under 20.11.4.153 NMAC to have a conformity determination for a
				specific pollutant, will be determined to conform to the applicable SIP if, for
				each pollutant that exceeds the rates in Subsection B of 20.11.4.153 NMAC, or
				otherwise requires a conformity determination due to the total of direct and
				indirect emissions from the action, the action meets the requirements of
				Subsection C of 20.11.4.158 NMAC, and meets any of the following requirements:
(1) for any criteria pollutant or precursor,
				the total of direct and indirect emissions from the action are specifically
				identified and accounted for in the applicable SIP's attainment or maintenance
				demonstration or reasonable further progress milestone or in a facility-wide
				emission budget included in a SIP accordance with 20.11.4.161 NMAC;
(2) for precursors of ozone, or nitrogen
				dioxide, or PM, the total of direct and indirect emissions from the action are
				fully offset within the same nonattainment or maintenance area (or nearby area
				of equal or higher classification provided the emissions from that area
				contribute to the violations, or have contributed to violations in the past, in
				the area with the federal action) through a revision to the applicable SIP or a
				similarly enforceable measure that effects emission reductions so that there is
				no net increase in emissions of that pollutant;
(3) for any directly-emitted criteria
				pollutant, the total of direct and indirect emissions from the action meet the
				requirements:
(a) specified in Subsection B
				of 20.11.4.158 NMAC, based on area-wide air quality modeling analysis and local
				air quality modeling analysis; or
(b) meet the requirements of Paragraph (5),
				of Subsection A of 20.11.4.158 NMAC and, for local air quality modeling
				analysis, the requirement of Subsection B of 20.11.4.158 NMAC.
(4) For CO or directly emitted PM:
(a) where the air agency primarily
				responsible for the applicable SIP determines that an area-wide air quality
				modeling analysis is not needed, the total of direct and indirect emissions
				from the action meet the requirements specified in Subsection B of 20.11.4.158
				NMAC, based on local air quality modeling analysis; or
(b) where the air agency primarily
				responsible for the applicable SIP determines that an area-wide air quality
				modeling analysis is appropriate and that a local air quality modeling analysis
				is not needed, the total of direct and indirect emissions from the action meet
				the requirements specified in Subsection B of 20.11.4.158 NMAC, based on
				area-wide modeling, or meet the requirements of Paragraph (5) of Subsection A
				of 20.11.4.158 NMAC or
(5) For ozone or nitrogen dioxide, and for
				purposes of Subparagraph (b) of Paragraph (3) of Subsection A of 20.11.4.158
				NMAC and Subparagraph (b) of Paragraph (4) of Subsection A of 20.11.4.158 NMAC,
				each portion of the action or the action as a whole meets any of the following
				requirements:
(a) Where EPA has approved a
				revision to the applicable implementation plan after the area was designated as
				nonattainment and the state or tribe makes a determination as provided in Item
				(i) of Subparagraph (a) of Paragraph (5) of Subsection A of 20.11.4.158 NMAC or
				where the state or tribe makes a commitment as provided in Item (ii) of
				Subparagraph (a) of Paragraph (5) of Subsection A of 20.11.4.158 NMAC:
(i) the total of direct and indirect
				emissions from the action (or portion thereof) is determined and documented by
				the air agency primarily responsible for the applicable SIP to result in a
				level of emissions which, together with all other emissions in the
				nonattainment (or maintenance) area, would not exceed the emissions budgets
				specified in the applicable SIP;
(ii) the total of direct and indirect
				emissions from the action (or portion thereof) is determined by the air agency
				responsible for the applicable SIP to result in a level of emissions which,
				together with all other emissions in the nonattainment (or maintenance) area,
				would exceed an emissions budget specified in the applicable SIP and the state
				governor or the governor's designee for SIP actions makes a written commitment
				to EPA which includes the following: 1. A specific schedule for adoption and
				submittal of a revision to the SIP which would achieve the needed emission
				reductions prior to the time emissions from the federal action would occur; 2.
				Identification of specific measures for incorporation into the SIP which would
				result in a level of emissions which, together with all other emissions in the
				nonattainment or maintenance area, would not exceed any emissions budget
				specified in the applicable SIP; 3. A demonstration that all existing
				applicable SIP requirements are being implemented in the area for the
				pollutants affected by the federal action, and that local authority to
				implement additional requirements has been fully pursued; 4. A determination
				that the responsible federal agencies have required all reasonable mitigation
				measures associated with their action; and 5. Written documentation including
				all air quality analyses supporting the conformity determination;
(iii) Where a federal agency made a
				conformity determination based on a state's or tribe's commitment under Item
				(i) of Subparagraph (a) of Paragraph (5) of Subsection A of 20.11.4.158 NMAC,
				and the state has submitted a SIP or TIP to EPA covering the time period during
				which the emissions will occur or is scheduled to submit such a SIP or TIP
				within 18 months of the conformity determination, the state commitment is
				automatically deemed a call for a SIP or TIP revision by EPA under Section
				110(k)(5) of the CAA, effective on the date of the federal conformity
				determination and requiring response within 18 months or any shorter time
				within which the state or tribe commits to revise the applicable SIP;
(iv) Where a federal agency made a conformity
				determination based on a state or tribal commitment under Item (ii) of
				Subparagraph (a) of Paragraph (5) of Subsection A of 20.11.4.158 NMAC and the
				state or tribe has not submitted a SIP covering the time period when the
				emissions will occur or is not scheduled to submit such a SIP within 18 months
				of the conformity determination, the state or tribe must, within 18 months,
				submit to EPA a revision to the existing SIP committing to include the
				emissions in the future SIP revision.
(b) The action (or portion thereof), as
				determined by the MPO, is specifically included in a current transportation
				plan and transportation improvement program which have been found to conform to
				the applicable SIP under 40 CFR Part 51, Subpart T, or 40 CFR Part 93, Subpart
				A;
(c) The action (or portion
				thereof) fully offsets its emissions within the same nonattainment or
				maintenance area (or nearby area of equal or higher classification provided the
				emissions from that area contribute to the violations, or have contributed to
				violation in the past, in the area with the federal action) through a revision
				to the applicable SIP or an equally enforceable measure that effects emission
				reductions equal to or greater than the total of direct and indirect emissions
				from the action so that there is no net increase in emissions of that
				pollutant;
(d) Where EPA has not
				approved a revision to the relevant SIP since the area was designated or
				reclassified, the total of direct and indirect emissions from the action for
				the future years (described in Subsection D of 20.11.4.159 NMAC) do not
				increase emissions with respect to the baseline emissions:
(i) the baseline emissions reflect the
				historical activity levels that occurred in the geographic area affected by the
				proposed federal action during: 1. The most current calendar year with a
				complete emission inventory available before an area is designated unless EPA
				sets another year, or; 2. The emission budget in the applicable SIP; or 3. The
				year of the baseline inventory in the PM10 applicable
				SIP;
(ii) the baseline emissions
				are the total of direct and indirect emissions calculated for the future years
				(described in Subsection D of 20.11.4.159 NMAC) using the historic activity
				levels (described in Item (i) of Subparagraph (d) of Paragraph (5) of
				Subsection A of 20.11.4.158 NMAC) and appropriate emission factors for the
				future years; or
(e) Where
				the action involves regional water or wastewater projects, such projects are
				sized to meet only the needs of population projections that are in the
				applicable SIP.