N.M. Code R. § 20.2.99.147

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

Section 20.2.99.147 - PROCEDURES FOR DETERMINING REGIONAL TRANSPORTATION-RELATED POLLUTANT EMISSIONS - RELIANCE ON PREVIOUS REGIONAL EMISSIONS ANALYSIS

A. Conformity determinations for a new transportation plan and/or TIP may be demonstrated to satisfy the requirements of Section 20.2.99.137 NMAC ("Motor vehicle emissions budget") or Section 20.2.99.138 NMAC ("Emission reductions in areas without motor vehicle emissions budgets") without new regional emissions analysis if the regional emissions analysis if the previous regional emissions analysis also applies to the new plan and/or TIP. This requires a demonstration that:

(1) the new plan and/or TIP contains all projects which must be started in the plan and TIP's timeframe in order to achieve the highway and transit system envisioned by the transportation plan;

(2) all plan and TIP projects which are regionally significant are included in the transportation plan with design concept and scope adequate to determine their contribution to the transportation plan's and/or TIP's regional emissions at the time of the previous conformity determination; and

(3) the design concept and scope of each regionally significant project in the new plan and/or TIP are not significantly different from that described in the previous transportation plan; and

(4) the previous regional emissions analysis is consistent with the requirements of Section 20.2.99.137 NMAC (including that conformity to all currently applicable budgets is demonstrated) and/or Section 20.2.99.138 NMAC, as applicable.

B. A project which is not from a conforming transportation plan and a conforming TIP may be demonstrated to satisfy the requirements of 20.2.99.137 NMAC or 20.02.99.138 NMAC without additional regional emissions analysis if allocating funds to the project will not delay the implementation of projects in the transportation plan or TIP which are necessary to achieve the highway and transit system envisioned by the transportation plan, the previous regional emissions analysis is still consistent with the requirements of Section 20.2.99.137NMAC (including that conformity to all currently applicable budgets is demonstrated) and/or Section 20.2.99.138 NMAC, as applicable, and if the project is either:

(1) not regionally significant; or

(2) included in the conforming transportation plan (even if it is not specifically included in the latest conforming TIP) with design concept and scope adequate to determine its contribution to the transportation plan's regional emissions at the time of the transportation plan's conformity determination, and the design concept and scope of the project is not significantly different from that described in the transportation plan.

C. A conformity determination that relies on this section (20.2.99.147 NMAC) does not satisfy the frequency requirements of Sections 20.2.99.112 NMAC and 20.2.99.113 NMAC.

N.M. Code R. § 20.2.99.147

12/14/94; 11/23/98; 20.2.99.147 NMAC - Rn, 20 NMAC 2.99.147, 10/31/02; 20.2.99.147 NMAC - Rn, 20.2.99.145 NMAC & A, 10/15/05