N.M. Code R. § 20.2.99.121

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

Section 20.2.99.121 - CONSULTATION PROCEDURES FOR SPECIFIC ROUTINE ACTIVITIES

An interagency consultation process among the lead and participating agencies shall be undertaken for the following routine activities in accordance with all the procedures specified in 20.2.99.119 NMAC. The lead agency for each activity shall be as specified, and the participating agencies shall be the agencies specified in Subsection C of 20.2.99.116 NMAC above or as specified for the specific activity. Not later than thirty (30) days prior to the preparation of the final document or decision, the lead agency shall supply all relevant information and documents, as appropriate, to the participating agencies.

A. Identification, as required by Subsection B of 20.2.99.146 NMAC, of projects located at sites in PM10 nonattainment areas which have vehicle and roadway emission and dispersion characteristics which are essentially identical to those at sites which have violations verified by monitoring, and therefore require quantitative PM10 hot-spot analysis. The lead agency shall be either the MPO or NMDOT, in cooperation with the department.

B. Assumption of the location and design concept and scope of projects which are disclosed to the MPO, as required by Subsection D of 20.2.99.121 NMAC, but whose sponsors have not yet decided these features in sufficient detail to perform the regional emissions analysis according to the requirements of 20.2.99.141 NMAC through 20.2.99.147 NMAC. The lead agency shall be either the MPO or NMDOT. Participating agencies shall include recipients of funds designated under title 23 U.S.C. or the federal transit laws.

C. The design, schedule, and funding of research and data collection efforts; and regional transportation model development by the MPO (e.g., household/travel transportation surveys). The lead agency shall be either the NMDOT or the MPO, as applicable. Participating agencies shall be the MPO, the department, and the NMDOT.

D. Regionally Significant Non-FHWA/FTA Projects.

(1) Assurance that plans for construction of regionally significant projects which are not FHWA/FTA projects (including projects for which alternative locations, design concept and scope, or the no-build option are still being considered), including all those sponsored by recipients of funds designated under title 23 U.S.C. or the federal transit laws, are disclosed to the MPO on a regular basis, and to assure that any changes to those plans are immediately disclosed. The lead agency for this process shall be the agency which is implementing the project. Participating agencies shall be the MPO, the department, NMDOT, local transportation and transit agencies for the city or county in which the nonattainment or maintenance area is located, and recipients of funds designated under title 23 U.S.C. or the federal transit laws.

(2) The sponsor of any such regionally significant project, and any agency that becomes aware of any such project through applications for approval, permitting or funding or otherwise, shall disclose such project to the designated MPO for the nonattainment or maintenance area and NMDOT in a timely manner. Such disclosure shall be made not later than the first occasion on which any of the following actions is sought:

(a) any policy board action necessary for the project to proceed;

(b) the issuance of administrative permits for the facility or for construction of the facility;

(c) the execution of a contract to design or construct the facility;

(d) the execution of any indebtedness for the facility;

(e) any final action of a board, commission or administrator authorizing or directing employees to proceed with design, permitting or construction of the project; or

(f) the execution of any contract to design or construct; or any approval needed for any facility that is dependent on the completion of regionally significant project.

(3) In the case of any such regionally significant project that has not been disclosed in a timely manner to the designated MPO for the nonattainment or maintenance area, NMDOT, and other interested agencies participating in the consultation process, such regionally significant project and all other regionally significant projects of that sponsor shall be deemed to be not included in the regional emissions analysis supporting the currently conforming TIP's conformity determination and to be not consistent with the motor vehicle emissions budget in the SIP, for the purposes of 20.2.99.140 NMAC. In the case of repeated failures to disclose regionally significant projects by an agency that becomes aware of any such project through applications for approval, permitting or funding, all other regionally significant projects within the jurisdiction of such agency shall be deemed to be not included in the regional emissions analysis supporting the currently conforming TIP's conformity determination and to be not consistent with the motor vehicle emissions budget in the SIP, for the purposes of 20.2.99.140 NMAC.

(4) For the purposes of this section (20.2.99.121 NMAC) and 20.2.99.140 NMAC, the phrase "adopt or approve of a regionally significant project" means the first time any action necessary to authorizing a project occurs, such as any policy board action necessary for the project to proceed, the issuance of administrative permits for the facility or for construction of the facility, the execution of a contract to construct the facility, any final action of a board, commission or administrator authorizing or directing employees to proceed with construction of the project, or any written decision or authorization from the MPO that the project may be adopted or approved.

N.M. Code R. § 20.2.99.121

12/14/94; 11/23/98; 20.2.99.121 NMAC - Rn, 20 NMAC 2.99.121 10/31/02; A, 10/15/05