N.M. Code R. § 20.2.99.151

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

Section 20.2.99.151 - EXEMPTIONS

A. Exempt projects. Notwithstanding the other requirements of this part, highway and transit projects of the types listed in table 2 of this section are exempt from the requirement to determine conformity. Such projects may proceed toward implementation even in the absence of a conforming transportation plan and TIP. A particular action of the type listed in table 2 (of this section) is not exempt if the MPO in consultation with other agencies (e.g. the department, see Subsection C of 20.2.99.120 NMAC, the US EPA, and the FHWA (in the case of a highway project) or the FTA (in the case of a transit project)) concur that it has potentially adverse emissions impacts for any reason. NMDOT and the MPO, in consultation with the department, as appropriate, must assure that exempt projects do not interfere with TCM implementation. Table 2 follows. Table 2. Exempt Projects.

(1) Safety:

(a) railroad/highway crossing;

(b) projects that correct, improve, or eliminate a hazardous location or feature;

(c) safer non-federal-aid system roads;

(d) shoulder improvements;

(e) increasing sight distance;

(f) highway safety improvement program implementation;

(g) traffic control devices and operating assistance other than signalization projects;

(h) railroad/highway crossing warning devices;

(i) guardrails, median barriers, crash cushions;

(j) pavement resurfacing or rehabilitation;

(k) pavement marking;

(l) emergency relief ( 23 U.S.C. 125 );

(m) fencing;

(n) skid treatments;

(o) safety roadside rest areas;

(p) adding medians;

(q) truck climbing lanes outside the urbanized area;

(r) lighting improvements;

(s) widening narrow pavements or reconstructing bridges (no additional travel lanes);

(t) emergency truck pullovers.

(2) Mass transit:

(a) operating assistance to transit agencies;

(b) purchase of support vehicles;

(c) rehabilitation of transit vehicles (In PM10 and PM2.5 nonattainment or maintenance areas, only if projects are in compliance with control measures in the SIP.);

(d) purchase of office, shop, and operating equipment for existing facilities;

(e) purchase of operating equipment for vehicles (e.g., radios, fareboxes, lifts, etc.);

(f) construction or renovation of power, signal, and communications systems;

(g) construction of small passenger shelters and information kiosks;

(h) reconstruction or renovation of transit buildings and structures (e.g., rail or bus buildings, storage and maintenance facilities, stations, terminals, and ancillary structures);

(i) rehabilitation or reconstruction of track structures, track, and trackbed in existing rights-of-way;

(j) purchase of new buses and rail cars to replace existing vehicles or for minor expansions of the fleet (In PM10 nonattainment or maintenance areas, such projects are exempt only if projects are in compliance with control measures in the SIP.);

(k) construction of new bus or rail storage/maintenance facilities categorically excluded in 23 CFR 771.

(3) Air quality:

(a) continuation of ride-sharing and van-pooling promotion activities at current levels;

(b) bicycle and pedestrian facilities.

(4) Other:

(a) specific activities which do not involve or lead directly to construction, such as:

(i) planning and technical studies;

(ii) grants for training and research programs;

(iii) planning activities conducted pursuant to titles 23 and 49 U.S.C.; or

(iv) federal-aid systems revisions;

(b) engineering to assess social, economic, and environmental effects of the proposed action or alternatives to that action;

(c) noise attenuation;

(d) emergency or hardship advance land acquisitions ( 23 CFR 710.503 );

(e) acquisition of scenic easements;

(f) plantings, landscaping, etc.;

(g) sign removal;

(h) directional and informational signs;

(i) transportation enhancement activities (except rehabilitation and operation of historic transportation buildings, structures, or facilities);

(j) repair of damage caused by natural disasters, civil unrest, or terrorist acts, except projects involving substantial functional, locational, or capacity changes.

B. Projects exempt from regional emissions analyses. Notwithstanding the other requirements of this part, highway and transit projects of the types listed in table 3 of this section are exempt from regional emissions analysis requirements. The local effects of these projects with respect to CO concentrations must be considered to determine if a hot-spot analysis is required prior to making a project-level conformity determination. The local effects of projects with respect to PM10 and PM2.5 concentrations must be considered and a hot-spot analysis performed prior to making a project-level conformity determination, if a project in table 3 also meets the criteria of Paragraph (1) of Subsection B of section 20.2.99.148 NMAC. These projects may then proceed to the project development process even in the absence of a conforming transportation plan and TIP. A particular action of the type listed in table 3 (of this section) is not exempt from regional emissions analysis if the MPO in consultation with other agencies (e.g. the department, see Subsection C of 20.2.99.120 NMAC), the US EPA, and the FHWA (in the case of a highway project) or the FTA (in the case of a transit project) concur that it has potential regional impacts for any reason. Table 3 follows. Table 3. Projects Exempt from Regional Emissions Analyses:

(1) intersection channelization projects;

(2) intersection signalization projects at individual intersections;

(3) interchange reconfiguration projects;

(4) changes in vertical and horizontal alignment;

(5) truck size and weight inspection stations;

(6) bus terminals and transfer points.

N.M. Code R. § 20.2.99.151

12/14/94; 11/23/98; 20.2.99.151 NMAC - Rn, 20 NMAC 2.99.151, 10/31/02; 20.2.99.151 NMAC - Rn, 20.2.99.149 NMAC & A, 10/15/05; A, 9/1/07; A, 06/01/09