Statutes, codes, and regulations
New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTIONChapter 2 - AIR QUALITY (STATEWIDE)
Part 99 - CONFORMITY TO THE STATE IMPLEMENTATION PLAN OF TRANSPORTATION PLANS, PROGRAMS, AND PROJECTS
Section 20.2.99.120 - CONSULTATION PROCEDURES FOR SPECIFIC MAJOR ACTIVITIES

N.M. Admin. Code § 20.2.99.120

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Current through Register Vol. 35, No. 21, November 5, 2024
Section 20.2.99.120 - CONSULTATION PROCEDURES FOR SPECIFIC MAJOR ACTIVITIES

An interagency consultation process among the members of the lead and participating agencies shall be undertaken for the following specific major activities in accordance with all the procedures specified in 20.2.119 NMAC above. The lead agency for each activity shall be as specified, and the participating agencies shall be the agencies specified in Subsection C of 20.2.99.116 NMAC above.

A. Evaluation and choice of each model (or models) and associated methods and assumptions to be used in hot-spot analyses and regional emissions analyses, including vehicle miles traveled (VMT) forecasting. The lead agency shall be the MPO (or NMDOT in the absence of an MPO).
B. Determination of which minor arterials and other transportation projects should be considered "regionally significant" for the purposes of regional emissions analysis (in addition to those functionally classified as principal arterial or higher or fixed guideway systems or extensions that offer an alternative to regional highway travel), and which projects should be considered to have a significant change in design concept and scope from the transportation plan or TIP. The lead agency shall be the MPO (or NMDOT in the absence of an MPO).
C. Evaluation of whether projects otherwise exempted from meeting the requirements of this part (see 20.2.99.149 NMAC) should be treated as non-exempt in cases where potential adverse emissions impacts may exist for any reason. The lead agency shall be the MPO (or NMDOT in the absence of an MPO).
D. Determination, as required by Paragraph (1) of Subsection C of 20.2.99.132 NMAC of whether past obstacles to implementation of TCMs which are behind the schedule established in the SIP have been identified and are being overcome, and whether state and local agencies with influence over approvals or funding for TCMs are giving maximum priority to approval or funding for TCMs. Consultation shall also include consideration of whether delays in TCM implementation necessitate revisions to the SIP to remove TCMs or substitute TCMs or other emission reduction measures. The lead agency shall be the MPO (or NMDOT in the absence of an MPO).
E. Determination, as required by 20.2.99.140 NMAC, of whether:
(1) the project is included in the regional emissions analysis supporting the currently conforming TIP's conformity determination, even if the project is not strictly "included" in the TIP for the purposes of MPO project selection or endorsement, and
(2) the project's design concept and scope have changed significantly from those which were included in the regional emissions analysis, or in a manner which would significantly impact use of the facility; the lead agency shall be the MPO (or NMDOT in the absence of an MPO).
F. Determination of what forecast of vehicle miles traveled (VMT) to use in establishing or tracking emissions budgets, developing transportation plans, TIPS, or making conformity determinations. The lead agency shall be the MPO (or NMDOT in the absence of an MPO).
G. Verification of what forecast of vehicle miles traveled (VMT) to use in developing SIPs. The lead agency shall be the air quality bureau of the department.
H. Consultation, within the context of a memorandum of agreement, on emissions analysis for transportation activities which cross the borders of MPOs or nonattainment areas or air basins. The lead agency shall be NMDOT.
I. An interagency consultation process shall be undertaken for evaluating events which will trigger new conformity determinations in addition to those triggering events established in 20.2.99.111 NMAC through 20.2.99.115 NMAC. The lead agency shall be the MPO (or NMDOT in the absence of an MPO).
J. In the event that the metropolitan planning area does not include the entire nonattainment or maintenance area, an interagency consultation process involving the designated MPO for the nonattainment or maintenance area, NMDOT, local transportation agencies, and the department, shall be undertaken, in the context of an MOA, for cooperative planning and analysis for purposes of determining conformity of all projects outside the metropolitan area and within the nonattainment or maintenance area. The lead agency shall be NMDOT.
K. In nonattainment or maintenance areas where more than one MPO is involved, such MPOs must develop a memorandum of agreement or memorandum of understanding reflecting their consultation.
L. In nonattainment or maintenance areas where the MPO's jurisdiction does not cover the entire nonattainment or maintenance area, the MPO and NMDOT must develop a memorandum of agreement or a memorandum of understanding reflecting their consultation.
M. Choosing conformity tests and methodologies for isolated rural nonattainment and maintenance areas, as required by Subparagraph (c) of Paragraph (2) of Subsection L of 20.2.99.128 NMAC. The lead agency shall be the MPO (or NMDOT in the absence of an MPO).

N.M. Admin. Code § 20.2.99.120

12/14/94; 11/23/98; 20.2.99.120 NMAC - Rn, 20 NMAC 2.99.120 10/31/02; A, 10/15/05