N.M. Code R. § 20.2.99.148

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

Section 20.2.99.148 - PROCEDURES FOR DETERMINING LOCALIZED CO, PM10 AND PM2.5 CONCENTRATIONS (HOT-SPOT ANALYSIS)

A. CO Hot-spot Analysis.

(1) The demonstrations required by 20.2.99.135 NMAC shall be based on quantitative analysis using the applicable air quality models, data bases, and other requirements specified in 40 CFR part 51 appendix W ("Guideline on Air Quality Models"). These procedures shall be used in the following cases, unless, different procedures developed through the interagency consultation process required in 20.2.99.116 NMAC through 20.2.99.124 NMAC and approved by the EPA region 6 administrator are used:

(a) for projects in or affecting locations, areas, or categories of sites which are identified in the SIP as sites of violation or possible violation;

(b) for projects affecting intersections that are at level-of-service D, E, or F, or those that will change to level-of-service D, E, or F because of increased traffic volumes related to the project;

(c) for any project affecting one or more of the intersections which the SIP identifies as the top three intersections in the nonattainment or maintenance area based on the highest traffic volumes; and

(d) for any project affecting one or more of the intersections which the SIP identifies as the top three intersections in the nonattainment or maintenance area based on the worst level of service.

(2) In cases other than those described in Paragraph (1) of Subsection A of 20.2.99.146 NMAC, the demonstrations required by 20.2.99.135 NMAC may be based on either:

(a) quantitative methods that represent reasonable and common professional practice; or

(b) a qualitative consideration of local factors, if this can provide a clear demonstration that the requirements of 20.2.99.135 NMAC are met.

(3) US DOT, in consultation with US EPA, may also choose to make a categorical hot-spot finding that Subsection A of 20.2.99.135 NMAC is met without further hot-spot analysis for any project described in Paragraphs (1) and (2) of Subsection A of 20.2.99.148 NMAC) based on appropriate modeling, US DOT, in consultation with US EPA, may also consider the current air quality circumstances of a given CO nonattainment or maintenance area in categorical hot-spot findings for applicable FHWA or FTA projects.

B. PM10 and PM2.5 Hot-spot Analysis.

(1) The hot-spot demonstration required by 20.2.99.135 NMAC shall be based on quantitative analysis methods for the following types of projects:

(a) new highway projects that have a significant number of diesel vehicles, and expanded highway projects that have a significant increase in the number of diesel vehicles;

(b) projects affecting intersections that are at level-of-service D, E, or F with a significant number of diesel vehicles, or those that will change to level-of-service D, E, or F because of increased traffic volumes from a significant number of diesel vehicles related to the project; and

(c) new bus and rail terminals and transfer points which have a significant number of diesel vehicles congregating at a single location;

(d) expanded bus and rail terminals and transfer points that significantly increase the number of diesel vehicles congregating at a single location; and

(e) projects in or affecting locations, areas, or categories of sites which are identified in the PM10 or PM2.5 applicable implementation plan submission, as appropriate, as sites of violation or possible violations.

(2) Where quantitative analysis methods are not required, the demonstration required by 20.2.99.135 NMAC for projects described in Paragraph (1) of Subsection B of this section must be based on a qualitative consideration of local factors.

(3) US DOT, in consultation with EPA, may also choose to make a categorical hot-spot finding that section 20.2.99.135 NMAC is met without further hot-spot analysis for any project described in Paragraph (1) of Subsection B of this section based on appropriate modeling. US DOT, in consultation with EPA, may also consider the current air quality circumstances of a given PM2.5 or PM10 nonattainment or maintenance area in categorical hot-spot findings for applicable FHWA or FTA projects.

(4) The requirements of this Subsection B of 20.2.99.146 NMAC for quantitative analysis will not take effect until EPA releases modeling guidance on this subject and announces in the federal register that these requirements are in effect.

C. General Requirements.

(1) Estimated pollutant concentrations shall be based on the total emissions burden which may result from the implementation of the project, summed together with future background concentrations. The total concentration shall be estimated and analyzed at appropriate receptor locations in the area substantially affected by the project.

(2) Hot-spot analyses shall include the entire project, and may be performed only after the major design features which will significantly impact concentrations have been identified. The future background concentration should be estimated by multiplying current background by the ratio of future to current traffic and the ratio of future to current emission factors.

(3) Hot-spot analysis assumptions shall be consistent with those in the regional emissions analysis for those inputs which are required for both analyses.

(4) CO, PM10 or PM2.5 mitigation or control measures shall be assumed in the hot-spot analysis only where there are written commitments from the project sponsor or operator to implement such measures, as required by Subsection A of 20.2.99.148 NMAC.

(5) CO, PM10, and PM2.5 hot-spot analyses are not required to consider construction-related activities which cause temporary increases in emissions. Each site which is affected by construction- related activities shall be considered separately, using established "guideline" methods. Temporary increases are defined as those which occur only during the construction phase and last five years or less at any individual site.

N.M. Code R. § 20.2.99.148

12/14/94; 11/23/98; 20.2.99.148 NMAC - Rn, 20 NMAC 2.99.148, 10/31/02; 20.2.99.148 NMAC - Rn, 20.2.99.146 NMAC, 10/15/05; A, 9/1/07; A, 06/01/09