N.M. Code R. § 20.11.3.125

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.3.125 - ENFORCEABILITY OF DESIGN CONCEPT AND SCOPE AND PROJECT-LEVEL MITIGATION AND CONTROL MEASURES

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 shall obtain from the project sponsor 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 that are identified as conditions for NEPA process completion with respect to local PM_10, PM_2.5 or CO impacts. Before a conformity determination is made, written commitments shall also be obtained for project-level mitigation or control measures that are conditions for making conformity determinations for a transportation plan or TIP and are included in the project design concept and scope which is used in the regional emissions analysis required by 20.11.3.118 NMAC (motor vehicle emissions budget) and 20.11.3.119 NMAC (interim emissions in areas without motor vehicle emissions budgets) or used in the project-level hot-spot analysis required by 20.11.3.116 NMAC.

B. Project sponsors voluntarily committing to mitigation measures to facilitate positive conformity determinations shall comply with the obligations of such commitments.

C. The implementation plan revision required in 40 CFR 51.390 shall provide that written commitments to mitigation measures shall be obtained prior to a positive conformity determination, and that 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 20.11.3.116 NMAC, emission budget requirements of 20.11.3.118 NMAC, and interim emissions requirements of 20.11.3.119 NMAC are satisfied without the mitigation or control measure, and so notifies the agencies involved in the interagency consultation process required under 20.11.3.105 NMAC. The MPO and DOT shall find that the transportation plan and TIP still satisfy the applicable requirements of 20.11.3.118 NMAC or 20.11.3.119 NMAC and that the project still satisfies the requirements of 20.11.3.116 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 Subsection F of 20.11.3.105 NMAC for conformity determinations for projects.

N.M. Code R. § 20.11.3.125

20.11.3.125 NMAC - Rn & A, 20.11.3.222 NMAC, 11/15/10