N.M. Code R. § 20.2.99.139

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

Section 20.2.99.139 - CONSEQUENCES OF CONTROL STRATEGY IMPLEMENTATION PLAN FAILURES

A. Disapprovals.

(1) If US EPA disapproves any submitted control strategy implementation plan revision (with or without a protective finding), the conformity status of the transportation plan and TIP shall lapse on the date that highway sanctions as a result of the disapproval are imposed on the nonattainment area under Section 179(b)(1) of the CAA. No new transportation plan, TIP, or project may be found to conform until another control strategy implementation plan revision fulfilling the same CAA requirements is submitted and conformity to this submission is determined.

(2) If US EPA disapproves a submitted control strategy implementation plan revision without making a protective finding, only projects in the first four (4) years of the currently conforming transportation plan and TIP or that meet the requirements of Subsection B of 20.2.99.111 NMAC during the 12-month lapse grace period may be found to conform. This means that beginning on the effective date of a disapproval without a protective finding, no transportation plan, TIP, or project not in the first four (4) years of the currently conforming transportation plan and TIP or that meets the requirements of Subsection B of 20.2.99.111 NMAC during the 12-month lapse grace period may be found to conform until another control strategy implementation plan revision fulfilling the same Clean Air Act requirements is submitted, US EPA finds its motor vehicle emissions budget(s) adequate pursuant to section 20.2.99.137 NMAC or approves the submission, and conformity to the implementation plan revision is determined.

(3) In disapproving a control strategy implementation plan revision, US EPA would give a protective finding where a submitted plan contains adopted control measures or written commitments to adopt enforceable control measures that fully satisfy the emissions reductions requirements relevant to the statutory provision for which the implementation plan revision was submitted, such as reasonable further progress or attainment.

B. Failure to submit and incompleteness. In areas where US EPA notifies the department, MPO, and US DOT of the department's failure to submit a control strategy implementation plan or submission of an incomplete control strategy implementation plan revision (either of which initiates the sanction process under CAA Sections 179 or 110(m)), the conformity status of the transportation plan and TIP shall lapse on the date that highway sanctions are imposed on the nonattainment area for such failure under Section 179(b)(1) of the CAA, unless the failure has been remedied and acknowledged by a letter from the US EPA regional administrator.

C. Federal implementation plans. If US EPA promulgates a federal implementation plan that contains motor vehicle emissions budget(s) as a result of a department failure, the conformity lapse imposed by 20.2.99.139 NMAC because of the department failure is removed.

N.M. Code R. § 20.2.99.139

12/14/94; 11/23/98; 20.2.99.139 NMAC - Rn, 20 NMAC 2.99.139 10/31/02; A, 10/15/05; A, 06/01/09