Statutes, codes, and regulations
New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTIONChapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 3 - TRANSPORTATION CONFORMITY
Section 20.11.3.123 - PROCEDURES FOR DETERMINING LOCALIZED CO, PM10 AND PM2.5 CONCENTRATIONS (HOT-SPOT ANALYSIS)

N.M. Code R. § 20.11.3.123

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Current through Register Vol. 35, No. 12, June 25, 2024
Section 20.11.3.123 - PROCEDURES FOR DETERMINING LOCALIZED CO, PM10 AND PM2.5 CONCENTRATIONS (HOT-SPOT ANALYSIS)
A. CO hot spot analysis:
(1) The demonstrations required by 20.11.3.116 NMAC (Criteria and Procedures: Localized CO, PM10 and PM2.5 Violations) 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 20.11.3.105 NMAC and approved by the EPA regional administrator are used for:
(a) projects in or affecting locations, areas or categories of sites which are identified in the applicable implementation plan as sites of violation or possible violation;
(b) projects affecting intersections that are at level-of-service D, E or F, or those that shall change to level-of-service D, E or F because of increased traffic volumes related to the project;
(c) any project affecting one or more of the top three intersections in the nonattainment or maintenance area with highest traffic volumes, as identified in the applicable implementation plan or which are identified through the interagency consultation process as described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC; and
(d) any project affecting one or more of the top three intersections in the nonattainment or maintenance area with the worst level of service, as identified in the applicable implementation plan or which are identified through the interagency consultation process as described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC.
(2) In cases other than those described in Paragraph (1) of Subsection A of 20.11.3.123 NMAC, the demonstrations required by 20.11.3.116 NMAC may be based on either:
(a) quantitative methods that represent reasonable and common professional practice as determined through the interagency consultation process, described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC; or
(b) a qualitative consideration of local factors, if this can provide a clear demonstration that the requirements of 20.11.3.116 NMAC are met.
(3) DOT, in consultation with EPA, may also choose to make a categorical hot-spot finding that Subsection A of 20.11.3.116 NMAC is met without further hot-spot analysis for any project described in Paragraphs (1) and (2) of Subsection A of 20.11.3.123 NMAC based on appropriate modeling. DOT, in consultation with EPA, may also consider the current air quality circumstances of a given CO nonattainment or maintenance area in categorical hot-spot findings for applicable FHWA or FTA projects.
B. PM10 and PM2.5 hot-spot analyses:
(1) The hot-spot demonstration required by 20.11.3.116 NMAC shall be based on quantitative analysis methods for the following types of projects:
(a) new highway projects that have a significant number of diesel vehicles, and expanded highway projects that have a significant increase in the number of diesel vehicles;
(b) projects affecting intersections that are at level-of-service D, E, or F with a significant number of diesel vehicles, or those that will change to level-of-service D, E, or F because of increased traffic volumes from a significant number of diesel vehicles related to the project;
(c) new bus and rail terminals and transfer points that have a significant number of diesel vehicles congregating at a single location;
(d) expanded bus and rail terminals and transfer points that significantly increase the number of diesel vehicles congregating at a single location; and
(e) projects in or affecting locations, areas, or categories of sites which are identified in the PM10 or PM2.5 applicable implementation plan or implementation plan submission, as appropriate, as sites of violation or possible violation.
(2) Where quantitative analysis methods are not available, the demonstration required by 20.11.3.116 NMAC for projects described in Paragraph (1) of Subsection B of 20.11.3.123 NMAC shall be based on a qualitative consideration of local factors.
(3) DOT, in consultation with EPA, may also choose to make a categorical hot-spot finding that 20.11.3.116 NMAC is met without further hot-spot analysis for any project described in Paragraph (1) of Subsection B of 20.11.3.123 NMAC based on appropriate modeling. DOT, in consultation with EPA, may also consider the current air quality circumstances of a given PM2.5 or PM10 nonattainment or maintenance area in categorical hot-spot findings for applicable FHWA or FTA projects.
(4) The requirements for quantitative analysis contained in Subsection B of 20.11.3.123 NMAC shall not take effect until EPA releases modeling guidance on this subject and announces in the federal register that these requirements are in effect.
C. General requirements:
(1) Estimated pollutant concentrations shall be based on the total emissions burden that may result from the implementation of the project, summed together with future background concentrations. The total concentration shall be estimated and analyzed at appropriate receptor locations in the area substantially affected by the project.
(2) Hot-spot analyses shall include the entire project, and may be performed only after the major design features that shall significantly impact concentrations have been identified. The future background concentration shall be estimated by multiplying current background by the ratio of future to current traffic and the ratio of future to current emission factors as determined through the interagency consultation process described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC.
(3) Hot-spot analysis assumptions shall be consistent with those in the regional emissions analysis for those inputs which are required for both analyses as determined through the interagency consultation process described in Paragraph (1) of Subsection D of 20.11.3.105 NMAC.
(4) CO, PM10 or PM2.5 mitigation or control measures shall be assumed in the hot-spot analysis only where there are written commitments from the project sponsor or operator to implement such measures, as required by Subsection A of 20.11.3.125 NMAC.
(5) CO, PM10 and PM2.5 hot-spot analyses are not required to consider construction-related activities which cause temporary increases in emissions. Each site that is affected by construction-related activities shall be considered separately through the interagency consultation process described in Paragraph (1) of Subsection B of 20.11.3.105 NMAC, using established guideline methods. Temporary increases are defined as those which occur only during the construction phase and last five years or less at any individual site.

N.M. Code R. § 20.11.3.123

20.11.3.123 NMAC - Rn & A, 20.11.3.220 NMAC, 11/15/10