N.M. Code R. § 20.2.99.111
Current through Register Vol. 35, No. 11, June 11, 2024
Section 20.2.99.111 - ENFORCEABILITY OF DESIGN CONCEPT AND DESIGN SCOPE AND PROJECT-LEVEL MITIGATION AND CONTROL MEASURESA. 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 must 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 which are identified as conditions for NEPA process completion with respect to local CO, PM10, or PM2.5 impacts. Before a conformity determination is made, written contractual commitments must also be obtained for project-level mitigation or control measures which are conditions for making conformity determinations for a transportation plan or TIP and included in the project design concept and design scope which is used in the regional emissions analysis or used in the project-level hot-spot analysis.B. Project sponsors voluntarily committing to mitigation measures to facilitate positive conformity determinations shall provide written contractual commitments and must comply with the obligations of such commitments.C. Written contractual commitments to mitigation or control measures shall be obtained prior to a positive conformity determination, and 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, motor vehicle emissions budget requirements and interim emissions requirements are satisfied without the mitigation or control measure, and so notifies the agencies involved in the interagency consultation process required under 20.2.99.102 through 20.2.99.110 NMAC. The MPO (or NMDOT in the absence of an MPO) and US DOT must find that the transportation plan and TIP still satisfy the applicable requirements for motor vehicle emissions budgets and interim motor vehicle emissions budgets, and that the project still satisfies the requirements for hot spots, 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 20.2.99.110 NMAC for conformity determinations for projects.N.M. Code R. § 20.2.99.111
12/14/94; 11/23/98; 20.2.99.111 NMAC - Rn, 20.NMAC 2.99.111, 10/31/02; A, 06/01/09Adopted, New Mexico Register, Volume XXV, Issue 16, August 29, 2014, eff. 9/15/2014