N.M. Admin. Code § 20.11.4.161 - CONFORMITY EVALUATION FOR FEDERAL INSTALLATIONS WITH FACILITY-WIDE EMISSION BUDGETS
A. The
state, local or tribal agency responsible for implementing and enforcing the
SIP or TIP can in cooperation with federal agencies or third parties authorized
by the agency that operate installations subject to federal oversight develop
and adopt a facility-wide emission budget to be used for demonstrating
conformity under Paragraph (1) of Subsection A of
20.11.4.158 NMAC. The
facility-wide budget must meet the following criteria.
(1) Be for a set time period.
(2) Cover the pollutants or precursors of the
pollutants for which the area is designated nonattainment or
maintenance.
(3) Include specific
quantities allowed to be emitted on an annual or seasonal basis.
(4) The emissions from the facility along
with all other emissions in the area will not exceed the emission budget for
the area.
(5) Include specific
measures to ensure compliance with the budget, such as periodic reporting
requirements or compliance demonstration, when the federal agency is taking an
action that would otherwise require a conformity determination .
(6) Be submitted to EPA as a SIP
revision.
(7) The SIP revision must
be approved by EPA .
B.
The facility-wide budget developed and adopted in accordance with Subsection A
of 20.11.4.161 NMAC can be revised by
following the requirements in Subsection A of
20.11.4.161 NMAC.
C. Total direct and indirect emissions from
federal actions in conjunction with all other emissions subject to general
conformity from the facility that do not exceed the facility budget adopted
pursuant to Subsection A of
20.11.4.161 NMAC are "presumed to
conform" to the SIP and do not require a conformity analysis.
D. If the total direct and indirect emissions
from the federal actions in conjunction with the other emissions subject to
general conformity from the facility exceed the budget adopted pursuant to
Subsection A of
20.11.4.161 NMAC, the action must
be evaluated for conformity. A federal agency can use the compliance with the
facility-wide emissions budget as part of the demonstration of conformity,
i.e., the agency would have to mitigate or offset the emissions that exceed the
emission budget.
E. If the SIP for
the area includes a category for construction emissions, the negotiated budget
can exempt construction emissions from further conformity analysis.
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