N.M. Code R. § 20.2.99.149

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

Section 20.2.99.149 - USING THE MOTOR VEHICLE EMISSIONS BUDGET IN THE SIP (OR IMPLEMENTATION PLAN SUBMISSION)

A. In interpreting an SIP (or implementation plan submission) with respect to its motor vehicle emissions budget(s), the MPO (or NMDOT in the absence of an MPO) and the US DOT may not infer additions to the budget(s) that are not explicitly intended by the implementation plan (or submission). Unless the implementation plan explicitly quantifies the amount by which motor vehicle emissions could be higher while still allowing a demonstration of compliance with the milestone, attainment, or maintenance requirement and explicitly states an intent that some or all of this additional amount should be available to the MPO (or NMDOT in the absence of an MPO), and the US DOT, in the emission budget for conformity purposes, neither the MPO (or NMDOT in the absence of an MPO) nor US DOT may interpret the budget to be higher than the implementation plan's estimate of future emissions. This applies in particular to SIPs (or submissions) which demonstrate that after implementation of control measures in the implementation plan:

(1) emissions from all sources will be less than the total emissions that would be consistent with a required demonstration of an emissions reduction milestone;

(2) either emissions from all sources will result in achieving attainment prior to the attainment deadline, and/or ambient concentrations in the attainment deadline year will be lower than needed to demonstrate attainment; or

(3) emissions will be lower than needed to provide for continued maintenance.

B. A conformity demonstration shall not trade emissions among budgets which the SIP (or implementation plan submission) allocates for different pollutants or precursors, or among budgets allocated to motor vehicles and other sources, unless the implementation plan establishes appropriate mechanisms for such trades.

C. If the applicable SIP (or implementation plan submission) estimates future emissions by geographic subarea of the nonattainment area, the MPO (or NMDOT in the absence of an MPO), and the US DOT are not required to consider this to establish subarea budgets, unless the SIP (or implementation plan submission) explicitly indicates an intent to create such subarea budgets for the purposes of conformity.

D. If a nonattainment area includes more than one MPO, the applicable SIP may establish motor vehicle emissions budgets for each MPO. Otherwise, the MPOs shall collectively make a conformity determination for the entire nonattainment area.

N.M. Code R. § 20.2.99.149

12/14/94; 11/23/98; 20.2.99.149 NMAC - Rn, 20 NMAC 2.99.149, 10/31/02; 20.2.99.149 NMAC - Rn, 20.2.99.147 NMAC & A, 10/15/05