N.M. Admin. Code § 20.11.4.158 - CRITERIA FOR DETERMINING CONFORMITY OF GENERAL FEDERAL ACTIONS
A. An action
required under
20.11.4.153 NMAC to have a
conformity determination for a specific pollutant, will be determined to
conform to the applicable SIP if, for each pollutant that exceeds the rates in
Subsection B of
20.11.4.153 NMAC, or otherwise
requires a conformity determination due to the total of direct and indirect
emissions from the action, the action meets the requirements of Subsection C of
20.11.4.158 NMAC, and meets any of
the following requirements:
(1) for any
criteria pollutant or precursor, the total of direct and indirect emissions
from the action are specifically identified and accounted for in the applicable
SIP 's attainment or maintenance demonstration or reasonable further progress
milestone or in a facility-wide emission budget included in a SIP accordance
with 20.11.4.161 NMAC;
(2) for precursors of ozone, or nitrogen
dioxide, or PM, the total of direct and indirect emissions from the action are
fully offset within the same nonattainment or maintenance area (or nearby area
of equal or higher classification provided the emissions from that area
contribute to the violations, or have contributed to violations in the past, in
the area with the federal action ) through a revision to the applicable SIP or a
similarly enforceable measure that effects emission reductions so that there is
no net increase in emissions of that pollutant;
(3) for any directly-emitted criteria
pollutant, the total of direct and indirect emissions from the action meet the
requirements:
(a) specified in Subsection B
of 20.11.4.158 NMAC, based on
area-wide air quality modeling analysis and local air quality modeling
analysis ; or
(b) meet the
requirements of Paragraph (5), of Subsection A of
20.11.4.158 NMAC and, for local
air quality modeling analysis , the requirement of Subsection B of
20.11.4.158 NMAC.
(4) For CO or directly emitted PM:
(a) where the air agency primarily
responsible for the applicable SIP determines that an area-wide air quality
modeling analysis is not needed, the total of direct and indirect emissions
from the action meet the requirements specified in Subsection B of
20.11.4.158 NMAC, based on local
air quality modeling analysis ; or
(b) where the air agency primarily
responsible for the applicable SIP determines that an area-wide air quality
modeling analysis is appropriate and that a local air quality modeling analysis
is not needed, the total of direct and indirect emissions from the action meet
the requirements specified in Subsection B of
20.11.4.158 NMAC, based on
area-wide modeling, or meet the requirements of Paragraph (5) of Subsection A
of 20.11.4.158 NMAC or
(5) For ozone or nitrogen dioxide,
and for purposes of Subparagraph (b) of Paragraph (3) of Subsection A of
20.11.4.158 NMAC and Subparagraph
(b) of Paragraph (4) of Subsection A of
20.11.4.158 NMAC, each portion of
the action or the action as a whole meets any of the following requirements:
(a) Where EPA has approved a revision to the
applicable implementation plan after the area was designated as nonattainment
and the state or tribe makes a determination as provided in Item (i) of
Subparagraph (a) of Paragraph (5) of Subsection A of
20.11.4.158 NMAC or where the
state or tribe makes a commitment as provided in Item (ii) of Subparagraph (a)
of Paragraph (5) of Subsection A of
20.11.4.158 NMAC:
(i) the total of direct and indirect
emissions from the action (or portion thereof) is determined and documented by
the air agency primarily responsible for the applicable SIP to result in a
level of emissions which, together with all other emissions in the
nonattainment (or maintenance) area, would not exceed the emissions budgets
specified in the applicable SIP ;
(ii) the total of direct and indirect
emissions from the action (or portion thereof) is determined by the air agency
responsible for the applicable SIP to result in a level of emissions which,
together with all other emissions in the nonattainment (or maintenance) area,
would exceed an emissions budget specified in the applicable SIP and the state
governor or the governor's designee for SIP actions makes a written commitment
to EPA which includes the following: 1. A specific schedule for adoption and
submittal of a revision to the SIP which would achieve the needed emission
reductions prior to the time emissions from the federal action would occur; 2.
Identification of specific measures for incorporation into the SIP which would
result in a level of emissions which, together with all other emissions in the
nonattainment or maintenance area , would not exceed any emissions budget
specified in the applicable SIP ; 3. A demonstration that all existing
applicable SIP requirements are being implemented in the area for the
pollutants affected by the federal action , and that local authority to
implement additional requirements has been fully pursued; 4. A determination
that the responsible federal agencies have required all reasonable mitigation
measures associated with their action; and 5. Written documentation including
all air quality analyses supporting the conformity determination ;
(iii) Where a federal agency made a
conformity determination based on a state's or tribe's commitment under Item
(i) of Subparagraph (a) of Paragraph (5) of Subsection A of
20.11.4.158 NMAC, and the state
has submitted a SIP or TIP to EPA covering the time period during which the
emissions will occur or is scheduled to submit such a SIP or TIP within 18
months of the conformity determination , the state commitment is automatically
deemed a call for a SIP or TIP revision by EPA under Section 110(k)(5) of the
CAA, effective on the date of the federal conformity determination and
requiring response within 18 months or any shorter time within which the state
or tribe commits to revise the applicable SIP ;
(iv) Where a federal agency made a conformity
determination based on a state or tribal commitment under Item (ii) of
Subparagraph (a) of Paragraph (5) of Subsection A of
20.11.4.158 NMAC and the state or
tribe has not submitted a SIP covering the time period when the emissions will
occur or is not scheduled to submit such a SIP within 18 months of the
conformity determination , the state or tribe must, within 18 months, submit to
EPA a revision to the existing SIP committing to include the emissions in the
future SIP revision.
(b)
The action (or portion thereof), as determined by the MPO , is specifically
included in a current transportation plan and transportation improvement
program which have been found to conform to the applicable SIP under 40 CFR
Part 51, Subpart T, or 40 CFR Part 93, Subpart A;
(c) The action (or portion thereof) fully
offsets its emissions within the same nonattainment or maintenance area (or
nearby area of equal or higher classification provided the emissions from that
area contribute to the violations, or have contributed to violation in the
past, in the area with the federal action ) through a revision to the applicable
SIP or an equally enforceable measure that effects emission reductions equal to
or greater than the total of direct and indirect emissions from the action so
that there is no net increase in emissions of that pollutant;
(d) Where EPA has not approved a revision to
the relevant SIP since the area was designated or reclassified, the total of
direct and indirect emissions from the action for the future years (described
in Subsection D of
20.11.4.159 NMAC) do not increase
emissions with respect to the baseline emissions:
(i) the baseline emissions reflect the
historical activity levels that occurred in the geographic area affected by the
proposed federal action during: 1. The most current calendar year with a
complete emission inventory available before an area is designated unless EPA
sets another year, or; 2. The emission budget in the applicable SIP ; or 3. The
year of the baseline inventory in the PM10 applicable
SIP ;
(ii) the baseline emissions
are the total of direct and indirect emissions calculated for the future years
(described in Subsection D of
20.11.4.159 NMAC) using the
historic activity levels (described in Item (i) of Subparagraph (d) of
Paragraph (5) of Subsection A of
20.11.4.158 NMAC) and appropriate
emission factors for the future years; or
(e) Where the action involves regional water
or wastewater projects , such projects are sized to meet only the needs of
population projections that are in the applicable SIP .
B. The area-wide or local air
quality modeling analyses must:
(1) meet the
requirements in
20.11.4.159 NMAC; and
(2) show that the action does not:
(a) cause or contribute to any new violation
of any standard in any area, or
(b)
increase the frequency or severity of any existing violation of any standard in
any area.
C.
Notwithstanding any other requirements of
20.11.4.158 NMAC, an action
subject to this regulation may not be determined to conform to the applicable
SIP unless the total of direct and indirect emissions from the action is in
compliance or consistent with all relevant requirements and milestones
contained in the applicable SIP , such as elements identified as part of the
reasonable further progress schedules, assumptions specified in the attainment
or maintenance demonstration, prohibitions, numerical emission limits, and work
practice requirements.
D. Any
analyses required under
20.11.4.158 NMAC must be
completed, and any mitigation requirements necessary for a finding of
conformity must be identified before the determination of conformity is
made.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.