N.M. Admin. Code § 20.11.4.156 - PUBLIC PARTICIPATION
A.
Upon request by any person regarding a specific federal action , a federal
agency must make available, subject to the limitation in Subsection E of
20.11.4.156 NMAC, for review its
draft conformity determination under
20.11.4.154 NMAC with supporting
materials which describe the analytical methods and conclusions relied upon in
making the applicability analysis and draft conformity determination .
B. A federal agency must make public its
draft conformity determination under
20.11.4.154 NMAC by placing a
notice by prominent advertisement in a daily newspaper of general circulation
in the area affected by the action and by providing 30 days for written public
comment prior to taking any formal action on the draft determination. This
comment period may be concurrent with any other public involvement, such as
occurs in the NEPA process. If the action has multi-regional or national
impacts (e.g., the action will cause emission increases in excess of the
de minimis levels identified in Subsection B of
20.11.4.153 NMAC in three or more
of EPA 's regions), the federal agency , as an alternative to publishing separate
notices, can publish a notice in the federal register.
C. A federal agency must document its
response to all the comments received on its draft conformity determination
under 20.11.4.154 NMAC and make the
comments and responses available, subject to the limitation in Subsection E of
20.11.4.156 NMAC, upon request by
any person regarding a specific federal action , within 30 days of the final
conformity determination .
D. A
federal agency must make public its final conformity determination under
20.11.4.154 NMAC for a federal
action by placing a notice by prominent advertisement in a daily newspaper of
general circulation in the area affected by the action within 30 days of the
final conformity determination . If the action would have multi-regional or
national impacts, the federal agency , as an alternative, can publish the notice
in the federal register.
E. The
draft and final conformity determination shall exclude any restricted
information or confidential business information . The disclosure of restricted
information and confidential business information shall be controlled by the
applicable laws, regulations or executive orders concerning the release of such
materials.
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