Current through Register Vol. 35, No. 6, March 26, 2024
An interagency consultation process among the lead and
participating agencies shall be undertaken for the following routine activities
in accordance with all the procedures specified in
20.2.99.105
NMAC. The lead agency for each activity shall be as specified, and the
participating agencies shall be the agencies specified in Subsection C of
20.2.99.102 NMAC
above or as specified for the specific activity. Not later than 30 days prior
to the preparation of the final document or decision, the lead agency shall
supply all relevant information and documents, as appropriate, to the
participating agencies.
A.
Identification of projects located at sites in PM10
nonattainment areas which have vehicle and roadway emission and dispersion
characteristics which are essentially identical to those at sites which have
violations verified by monitoring, and therefore require quantitative
PM10 hot-spot analysis. The lead agency shall be either
the MPO or NMDOT, in cooperation with the department.
B. Assumption of the location and design
concept and design scope of projects which are disclosed to the MPO, as
required by Subsection D of 20.2.99.107 NMAC, but whose sponsors have not yet
decided these features in sufficient detail to perform the regional emissions
analysis. The lead agency shall be either the MPO or NMDOT. Participating
agencies shall include recipients of funds designated under Title 23 U.S.C. or
the federal transit laws.
C. The
design, schedule, and funding of research and data collection efforts and
regional transportation model development by the MPO (e.g., household/travel
transportation surveys). The lead agency shall be either NMDOT or the MPO, as
applicable. Participating agencies shall be the MPO, the department, and
NMDOT.
D. Regionally significant
non-FHWA/FTA projects.
(1) Assurance that
plans for construction of regionally significant projects which are not
FHWA/FTA projects (including projects for which alternative locations, design
concept and design scope, or the no-build option are still being considered),
including all those sponsored by recipients of funds designated under Title 23
U.S.C. or the federal transit laws, are disclosed to the MPO on a regular
basis, and assurance that any changes to those plans are immediately disclosed.
The lead agency for this process shall be the agency which is implementing the
project. Participating agencies shall be the MPO, the department, NMDOT, local
transportation and transit agencies for the city or county in which the
nonattainment area or maintenance area is located, and recipients of funds
designated under Title 23 U.S.C. or the federal transit laws.
(2) The sponsor of any such regionally
significant project, and any agency that becomes aware of any such project
through applications for approval, permitting, funding or otherwise, shall
disclose such project to the designated MPO for the nonattainment area or
maintenance area and NMDOT in a timely manner. Such disclosure shall be made
not later than the first occasion on which any of the following actions is
sought:
(a) any policy board action necessary
for the project to proceed;
(b) the
issuance of administrative permits for the facility or for construction of the
facility;
(c) the execution of a
contract to design or construct the facility;
(d) the execution of any indebtedness for the
facility;
(e) any final action of a
board, commission or administrator authorizing or directing employees to
proceed with design, permitting or construction of the project; or
(f) the execution of any contract to design
or construct or any approval needed for any facility that is dependent on the
completion of a regionally significant project.
(3) In the case of any such regionally
significant project that has not been disclosed in a timely manner to the
designated MPO for the nonattainment area or maintenance area, NMDOT, and other
interested agencies participating in the consultation process, such regionally
significant project and all other regionally significant projects of that
sponsor shall be deemed to be not included in the regional emissions analysis
supporting the currently conforming TIP's conformity determination and to be
not consistent with the motor vehicle emissions budget in the SIP. In the case
of repeated failures to disclose regionally significant projects by an agency
that becomes aware of any such project through applications for approval,
permitting or funding, all other regionally significant projects within the
jurisdiction of such agency shall be deemed to be not included in the regional
emissions analysis supporting the currently conforming TIP's conformity
determination and to be not consistent with the motor vehicle emissions budget
in the SIP.
(4) For the purposes of
this section (20.2.99.107 NMAC), the phrase "adopt or approve of a regionally
significant project" means the first time any action necessary to authorizing a
project occurs, such as any policy board action necessary for the project to
proceed, the issuance of administrative permits for the facility or for
construction of the facility, the execution of a contract to construct the
facility, any final action of a board, commission or administrator authorizing
or directing employees to proceed with construction of the project, or any
written decision or authorization from the MPO that the project may be adopted
or approved.
