N.M. Code R. § 20.2.99.134
Current through Register Vol. 35, No. 11, June 11, 2024
Section 20.2.99.134 - CRITERIA AND PROCEDURES - PROJECTS FROM A TRANSPORTATION PLAN AND TIPA. The project must come from a conforming transportation plan and TIP. If this criterion is not satisfied, the project must satisfy all criteria in table 1 of Subsection B of 20.2.99.128 NMAC for a project not from a conforming transportation plan and TIP. A project is considered to be from a conforming transportation plan if it meets the requirements of Subsection B of 20.2.99.134 NMAC and from a conforming TIP if it meets the requirements of Subsection C of 20.2.99.134 NMAC. Special provisions for TCMs in an applicable implementation plan are provided in Subsection D of 20.2.99.134 NMAC.B. A project is considered to be from a conforming transportation plan if one of the following conditions apply: (1) for projects which are required to be identified in the transportation plan in order to satisfy 20.2.99.125 NMAC, the project is specifically included in the conforming transportation plan and the project's design concept and scope have not changed significantly from those which were described in the transportation plan, or in a manner which would significantly impact use of the facility; or(2) for projects which are not required to be specifically identified in the transportation plan, the project is identified in the conforming transportation plan, or is consistent with the policies and purpose of the transportation plan and will not interfere with other projects specifically included in the transportation plan.C. A project is considered to be from a conforming TIP if the following conditions are met: (1) the project is included in the conforming TIP and the design concept and scope of the project were adequate at the time of the TIP conformity determination to determine its contribution to the TIP's regional emissions, and the project design concept and scope have not changed significantly from those which were described in the TIP; and(2) if the TIP describes a project design concept and scope which includes project-level emissions mitigation or control measures, written commitments to implement such measures must be obtained from the project sponsor and/or operator as required by Subsection A of 20.2.99.148 NMAC in order for the project to be considered to be from a conforming program; any change in these mitigation or control measures that would significantly reduce their effectiveness constitutes a change in the design concept and scope of the project.D. TCMs: This criterion is not required to be satisfied for TCMs specifically included in an applicable implementation plan.E. Notwithstanding the requirements of Subsections A, B, and C of this section (20.2.99.134 NMAC), a project must meet the requirements of Subsection B of 20.2.99.111 NMAC during the twelve (12) month lapse grace period.N.M. Code R. § 20.2.99.134
12/14/94; 11/23/98; 20.2.99.134 NMAC - Rn, 20 NMAC 2.99.134 10/31/02; A, 06/01/09