N.M. Admin. Code § 20.11.4.157 - REEVALUATION OF CONFORMITY

A. Once a conformity evaluation is completed by a federal agency, that determination is not required to be reevaluated if the agency has maintained a continuous program to implement the action; the determination has not lapsed as specified in Subsection B of 20.11.4.157 NMAC; or any modification to the action does not result in an increase in emissions above the levels specified in Subsection B of 20.11.4.153 NMAC. If a conformity determination is not required for the action at the time NEPA analysis is completed, the date of the finding of no significant impact (FONSI) for an environmental assessment, a record of decision (ROD) for an environmental impact statement, or a categorical exclusion determination can be used as a substitute date for the conformity determination date.

B. The conformity status of a federal action automatically lapses five years from the date a final conformity determination is reported under 20.11.4.155 NMAC, unless the federal action has been completed or a continuous program to implement the federal action has been commenced.

C. Ongoing federal activities at a given site showing continuous progress are not new actions and do not require periodic re-determination so long as such activities are within the scope of the final conformity determination reported under 20.11.4.155 NMAC.

D. If the federal agency originally determined through the applicability analysis that a conformity determination was not necessary because the emissions for the action were below the limits in Subsection B of 20.11.4.153 NMAC and changes to the action would result in the total emissions from the action being above the limits in Subsection B of 20.11.4.153 NMAC, then the federal agency must make a conformity determination.

Notes

N.M. Admin. Code § 20.11.4.157

20.11.4.157 NMAC - Rn & A, 20.11.4.16 NMAC, 3/14/11