Current through Register Vol. 35, No. 18, September 24, 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
20.2.99.119
NMAC. The lead agency for each activity shall be as specified, and the
participating agencies shall be the agencies specified in Subsection C of
20.2.99.116 NMAC
above or as specified for the specific activity. Not later than thirty (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, as required by Subsection B of 20.2.99.146 NMAC, 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 scope of projects which are disclosed to the MPO, as required by
Subsection D of 20.2.99.121 NMAC, but whose sponsors have not yet decided these
features in sufficient detail to perform the regional emissions analysis
according to the requirements of 20.2.99.141 NMAC through 20.2.99.147 NMAC. 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 the NMDOT or the MPO,
as applicable. Participating agencies shall be the MPO, the department, and the
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 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 to assure 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 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 or funding or otherwise, shall
disclose such project to the designated MPO for the nonattainment 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 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 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, for the
purposes of 20.2.99.140 NMAC. 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, for the purposes of
20.2.99.140 NMAC.
(4) For the
purposes of this section (20.2.99.121 NMAC) and 20.2.99.140 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.
