N.M. Code R. § 20.11.4.159

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

Section 20.11.4.159 - PROCEDURES FOR CONFORMITY DETERMINATION OF FEDERAL ACTIONS

A. The analyses required under 20.11.4 NMAC must be based on the latest planning assumptions.

(1) All planning assumptions (such as per capita water and sewer use, vehicle miles traveled per capita or per household, trip generation per household, vehicle occupancy, household size, vehicle fleet mix, vehicle ownership, woodstoves per household, and the geographic distribution of population growth) must be derived from the estimates of population, employment, travel, and congestion most recently approved by the MPO, or other agency authorized to make such estimates, where available.

(2) Any revisions to these estimates used as part of the conformity determination, including projected shifts in geographic location or level of population, employment, travel, and congestion, must be approved by the MPO or other agency authorized to make such estimates for the urban area.

B. The analyses required under 20.11.4 NMAC must be based on the latest and most accurate emission estimation techniques available as described below, unless such techniques are inappropriate. If such techniques are inappropriate, the federal agency may obtain written approval from the regional administrator for EPA region VI for a modification or substitution, of another technique on a case-by-case basis or, where appropriate, on a generic basis for a specific federal agency program.

(1) For motor vehicle emissions, the most current version of the motor vehicle emissions model specified by EPA and available for use in the preparation or revision of the applicable SIP must be used for the conformity analysis as specified in Subparagraph (a) and (b), of Paragraph (1) of Subsection B of 20.11.4.159 NMAC:

(a) the EPA must publish in the federal Register a notice of availability of any new motor vehicle emissions model; and

(b) a grace period of three months shall apply during which the motor vehicle emissions model previously specified by EPA as the most current version may be used unless EPA announces a longer grace period in the federal register. Conformity analyses for which the analysis was begun during the grace period or no more than three months before the federal register notice of availability of the latest emission model may continue to use the previous version of the model specified by EPA.

(2) For non-motor vehicle sources, including stationary and area source emissions, the latest emission factors specified by EPA in the Compilation of Air Pollutant Emission Factors (AP-42, http://www.epa.gov/ttn/chiefs/efpac ) must be used for the conformity analysis unless more accurate emission data are available, such as actual stack test data from stationary sources which are part of the conformity analysis.

C. The air quality modeling analyses required under 20.11.4 NMAC must be based on the applicable air quality models, data bases, and other requirements specified in the most recent version of the Guideline on Air Quality Models (Appendix W to 40 CFR Part 51 ), unless:

(1) the guideline techniques are inappropriate, in which case the model may be modified or another model substituted on a case-by-case basis or, where appropriate, on a generic basis for a specific federal agency program; and

(2) written approval of the EPA regional administrator is obtained for any modification or substitution.

D. The analyses required under 20.11.4 NMAC, must be based on the total of direct and indirect emissions from the action and must reflect emission scenarios that are expected to occur under each of the following cases:

(1) The attainment year specified in the SIP, or if the SIP does not specify an attainment year, the latest attainment year possible under the act; or

(2) the last year for which emissions are projected in the maintenance plan;

(3) the year during which the total of direct and indirect emissions from the action is expected to be the greatest on an annual basis; and

(4) any year for which the applicable SIP specifies an emissions budget.

N.M. Code R. § 20.11.4.159

20.11.4.159 NMAC - Rn & A, 20.11.4.18 NMAC, 3/14/11