N.M. Code R. § 20.2.99.103

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

Section 20.2.99.103 - AGENCY ROLES IN CONSULTATION

Specific roles of the agencies participating in the interagency consultation process are listed below. Specific responsibilities of the agencies participating in the interagency consultation process are listed in 20.2.99.104 NMAC. For the purposes of this part, the lead agency for all conformity processes and procedures is that agency which is responsible for initiating the consultation process, preparing the initial and final drafts of the document or decision, and for assuring the adequacy of the interagency consultation process.

A. The department shall be the lead agency for the development of:

(1) applicable control strategy implementation plan revisions for the nonattainment area or maintenance area;

(2) the list of transportation control measures (TCMs) to be submitted as part of the SIP; and

(3) any amendments or revisions thereto.

B. In the case of areas in which an MPO has been established, the designated MPO for the nonattainment area or maintenance area shall be the lead agency for:

(1) development of the unified planning work program under 23 CFR 450.314;

(2) development of the transportation plan for the nonattainment area or maintenance area;

(3) development of the transportation improvement program (TIP) for the nonattainment area or maintenance area;

(4) any amendments or revisions thereto;

(5) any determinations of conformity under this part for which that MPO is responsible;

(6) choosing conformity tests and methodologies for isolated rural nonattainment and maintenance areas; and

(7) development of TCMs, in cooperation with the department.

C. In the case of areas in which an MPO has not been established, NMDOT shall be the lead agency for:

(1) development of the transportation plan for the nonattainment area or maintenance area;

(2) development of the TIP for the nonattainment area or maintenance area;

(3) any amendments or revisions thereto;

(4) any determinations of conformity under this part for which an MPO would otherwise be responsible;

(5) choosing conformity tests and methodologies for isolated rural nonattainment and maintenance areas; and

(6) development of TCMs, in cooperation with the department.

N.M. Code R. § 20.2.99.103

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