N.M. Admin. Code § 20.11.4.160 - MITIGATION OF AIR QUALITY IMPACTS
A. Any measures that are intended to mitigate
air quality impacts must be identified (such as the identification and
quantification of all emission reductions claimed) and the process for
implementation (such as any necessary funding of such measures and tracking of
such emission reductions) and enforcement of such measures must be described,
including an implementation schedule containing explicit timelines for
implementation.
B. Prior to
determining that a federal action is in conformity, the federal agency making
the conformity determination must obtain written commitments from the
appropriate persons or agencies to implement any mitigation measures, which are
identified as conditions for making conformity determinations.
C. Persons or agencies voluntarily committing
to mitigation measures to facilitate positive conformity determinations must
comply with the obligations of such commitments.
D. In instances where the federal agency is
licensing, permitting or otherwise approving the action of another governmental
or private entity, approval by the federal agency must be conditioned on the
other entity meeting the mitigation measures set forth in the conformity
determination .
E. When necessary
because of changed circumstances, mitigation measures may be modified so long
as the new mitigation measures continue to support the conformity
determination . Any proposed change in the mitigation measures is subject to the
reporting requirements of
20.11.4.155 NMAC and the public
participation requirements of
20.11.4.157 NMAC.
F. Written commitments to mitigation measures
must be obtained prior to a positive conformity determination and such
commitments must be fulfilled.
G.
After a state or tribe revises its SIP or TIP and EPA approves that SIP
revision, any agreements, including mitigation measures, necessary for a
conformity determination will be both state or tribal and federally
enforceable. Enforceability through the applicable SIP or TIP will apply to all
persons who agree to mitigate direct and indirect emissions associated with a
federal action for a conformity determination .
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