N.M. Code R. § 20.2.99.101

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.2.99.101 - APPLICABILITY

A. Action applicability.

(1) Conformity determinations are required for:

(a) the adoption, acceptance, approval or support of transportation plans and transportation plan amendments developed pursuant to 23 CFR part 450 or 49 CFR part 613 by an MPO (or NMDOT in the absence of an MPO) or US DOT;

(b) the adoption, acceptance, approval or support of TIPs and TIP amendments developed pursuant to 23 CFR part 450 or 49 CFR part 613 by an MPO (or NMDOT in the absence of an MPO) or US DOT; and

(c) the approval, funding, or implementation of FHWA/FTA projects.

(2) Conformity determinations are not required under this part for individual projects which are not FHWA/FTA projects.

B. Geographic and pollutant applicability are set out in 20.2.99.2 NMAC (Scope).

C. Limitations. In order to receive any FHWA/FTA approval or funding actions, including NEPA approvals, for a project phase subject to this subpart, a currently conforming transportation plan and TIP must be in place at the time of project approval.

D. Grace period for new nonattainment areas. For areas or portions of areas which have been continuously designated attainment or not designated for any standard for ozone, CO, PM₁₀, PM_2.5 or NO₂ since 1990 and are subsequently redesignated to nonattainment or designated nonattainment for any standard for any of these pollutants, the provisions of this subpart shall not apply with respect to that standard for 10 months following the effective date of final designation to nonattainment for each standard for such pollutant.

N.M. Code R. § 20.2.99.101

Adopted, New Mexico Register, Volume XXV, Issue 16, August 29, 2014, eff. 9/15/2014