New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 99 - CONFORMITY TO THE STATE IMPLEMENTATION PLAN OF TRANSPORTATION PLANS, PROGRAMS, AND PROJECTS
Section 20.2.99.116 - CONSULTATION

Universal Citation: 20 NM Admin Code 20.2.99.116

Current through Register Vol. 35, No. 18, September 24, 2024

A. 20.2.99.116 NMAC through 20.2.99.124 NMAC provide procedures for the interagency (federal, state, and local) consultation process, resolution of conflicts, and public consultation. Public consultation procedures will be developed in accordance with the requirements for public involvement in 23 CFR part 450. The affected agencies listed in Subsection C of 20.2.99.116 NMAC shall undertake a consultation process with each other prior to the development of: 1) conformity determinations, 2) major activities listed in 20.2.9.117 NMAC below; 3) specific major activities listed in 20.2.99.120 NMAC below; and 4) specific routine activities listed in 20.2.99.121 NMAC below. This consultation process shall follow the consultation procedures described in 20.2.99.119 NMAC below.

B. Prior to EPA's approval of this part, any MPO (or NMDOT in the absence of an MPO) and NMDOT, before making any conformity determinations, shall provide reasonable opportunity for consultation with the department, the local transportation agency in the county where the nonattainment or maintenance area is located, the local air quality agency in the county in which the nonattainment or maintenance area is located, New Mexico FHWA division offices, FTA region 6 offices, and EPA region 6, including consultation on the issues described in 20.2.99.117 NMAC. This opportunity for consultation shall be provided prior to the determination of conformity.

C. Affected agencies.

(1) Agencies which are affected by this part and which are required to participate in the consultation process are:
(a) the designated MPO for the nonattainment or maintenance area;

(b) the department;

(c) NMDOT;

(d) the local transportation agency for the county or city in which the nonattainment or maintenance area is located;

(e) the local transit agency for the city or county in which the nonattainment or maintenance area is located;

(f) EPA Region 6;

(g) New Mexico FHWA division offices;

(h) FTA region 6;

(i) local air quality agencies; and

(j) any other organization or resource agency within the state responsible under state law for developing, submitting or implementing transportation-related provisions of an implementation plan.

(2) Agencies which may be affected by this part and which are entitled to participate in the interagency consultation process include:
(a) NMDOT district office for the county in which the nonattainment or maintenance area is located; and

(b) the city or county government in the city or county where the nonattainment or maintenance area is located.

D. Policy level points of contact and policy level meetings.

(1) The policy level points of contact for participating organizations are as follows:
(a) MPO: executive director or designee;

(b) department: secretary or designee;

(c) NMDOT: secretary or designee;

(d) NMDOT district office: district engineer;

(e) local government: chief administrative officer or designee;

(f) EPA region 6: regional administrator or designee;

(g) FHWA NM division office: division administrator or designee;

(h) FTA region 6: regional administrator or designee;

(i) other organizations: as directed in writing.

(2) Policy level meetings shall be those meetings to which the following individuals have been given ample notice thereof:
(a) policy level points of contact for all agencies which are required to participate in the conformity process; and

(b) the policy level points of contact for all agencies and organizations which are entitled to participate and have submitted a written request to participate in the conformity process.

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