N.M. Code R. § 20.2.99.141

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

Section 20.2.99.141 - PROCEDURES FOR DETERMINING REGIONAL TRANSPORTATION-RELATED POLLUTANT EMISSIONS - GENERAL REQUIREMENTS

A. The regional emissions analysis required by 20.2.99.137 NMAC and 20.2.99.138 NMAC for the transportation plan, TIP, or project not from a conforming plan and TIP shall include all regionally significant projects expected in the nonattainment or maintenance area, including FHWA/FTA projects proposed in the transportation plan and TIP, and all other regionally significant projects which are disclosed to the MPO as required by 20.2.99.116 NMAC through 20.2.99.124 NMAC. Projects which are not regionally significant are not required to be explicitly modeled, but vehicle miles traveled (VMT) from such projects shall be estimated in accordance with reasonable professional practice. The effects of TCMs and similar projects that are not regionally significant may also be estimated in accordance with reasonable professional practice.

B. The emissions analysis may not include for emissions reduction credit any TCMs or other measures in the applicable implementation plan which have been delayed beyond the scheduled date(s) until such time as their implementation has been assured. If the measure has been partially implemented and it can be demonstrated that it is providing quantifiable emission reduction benefits, the emissions analysis may include that emissions reduction credit.

C. Emissions reduction credit from projects, programs, or activities which require a regulatory action in order to be implemented may not be included in the emissions analysis unless:

(1) The regulatory action is already adopted by the enforcing jurisdiction;

(2) The project, program, or activity is included in the applicable implementation plan;

(3) The control strategy implementation plan submission or maintenance plan submission that establishes the motor vehicle emissions budget (s) for the purposes of 20.2.99.137 NMAC contains a written commitment to the project, program, or activity by the agency with authority to implement it; or

(4) US EPA has approved an opt-in to a Federally enforced program, US EPA has promulgated the program (if the control program is a Federal responsibility, such as vehicle tailpipe standards), or the CAA requires the program without need for individual State action and without any discretionary authority for US EPA to set its stringency, delay its effective date, or not implement the program.

D. Emissions reduction credit from control measures that are not included in the transportation plan and TIP and that do not require a regulatory action in order to be implemented may not be included in the emissions analysis unless the conformity determination includes written commitments to implementation from the appropriate entities.

(1) Persons or entities voluntarily committing to control measures must comply with the obligations of such commitments.

(2) The conformity implementation plan revision required in 40 CFR 51.390 must provide that written commitments to control measures that are not included in the transportation plan and TIP must be obtained prior to a conformity determination and that such commitments must be fulfilled.

E. A regional emissions analysis for the purpose of satisfying the requirements of 20.2.99.138 NMAC must make the same assumptions in both the "Baseline" and "Action" scenarios regarding control measures that are external to the transportation system itself, such as vehicle tailpipe or evaporative emission standards, limits on gasoline volatility, vehicle inspection and maintenance programs, and oxygenated or reformulated gasoline or diesel fuel.

F. The ambient temperatures used for the regional emissions analysis shall be consistent with those used to establish the emissions budget in the applicable implementation plan. All other factors, for example the fraction of travel in a hot stabilized engine mode, must be consistent with the applicable implementation plan, unless modified after interagency consultation according to 20.2.99.120 NMAC to incorporate additional or more geographically specific information or represent a logically estimated trend in such factors beyond the period considered in the applicable implementation plan.

G. Reasonable methods shall be used to estimate nonattainment or maintenance area VMT on off-network roadways within the urban transportation planning area, and on roadways outside the urban transportation planning area.

N.M. Code R. § 20.2.99.141

12/14/94; 11/23/98; 20.2.99.141 NMAC - Rn, 20 NMAC 2.99.141 10/31/02