N.M. Code R. § 20.11.3.116
Current through Register Vol. 35, No. 12, June 25, 2024
Section 20.11.3.116 - CRITERIA AND PROCEDURES: LOCALIZED CO, PM10 AND PM2.5 VIOLATIONS (HOT-SPOTS)A. Subsection A of 20.11.3.116 NMAC applies at all times. The FHWA/FTA project shall not cause or contribute to any new localized CO, PM10 or PM2.5 violations or increase the frequency or severity of any existing CO, PM10 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 hot-spot 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 20.11.3.123 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 20.11.3.118 NMAC or 20.11.3.119 NMAC requirements. The demonstration shall be performed according to the consultation requirements of Paragraph (1) of Subsection D of 20.11.3.105 NMAC and the methodology requirements of 20.11.3.123 NMAC.B. Subsection B of 20.11.3.116 NMAC applies for CO nonattainment areas as described in Paragraph (1) of Subsection D of 20.11.3.109 NMAC. Each FHWA/FTA project shall 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 shall be eliminated or reduced in severity and number as a result of the project. The demonstration shall be performed according to the consultation requirements of Subparagraph (a) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC and the methodology requirements of 20.11.3.123 NMAC.N.M. Code R. § 20.11.3.116
20.11.3.116 NMAC - Rn & A, 20.11.3.213 NMAC, 11/15/10; A, 10/15/12