Current through Register Vol. 35, No. 18, September 24, 2024
A. In order for each transportation plan,
program, and FHWA/FTA project to be found to conform the MPO and US DOT must
demonstrate that the applicable criteria and procedures in this part are
satisfied and the MPO and US DOT must comply with all applicable conformity
requirements of implementation plans and of court orders for the area which
pertain specifically to conformity. The criteria for making conformity
determinations differ based on the action under review (transportation plans,
TIPs, and FHWA/FTA projects or state projects), the relevant pollutant(s), and
the status of the implementation plan.
B. The following table (table 1) indicates
the criteria and procedures in 20.2.99.129 NMAC through 20.2.99.138 NMAC which
apply for transportation plans, TIPs, and FHWA/FTA projects. Subsections C
through K of this section (20.2.99.128 NMAC) explain when the budget, interim
emissions, and hot spot tests are required for each pollutant and NAAQS.
Subsection L of this section (20.2.99.128 NMAC) addresses conformity
requirements for areas with approved or adequate limited maintenance plans.
Subsection M of this section (20.2.99.128 NMAC) addresses nonattainment and
maintenance areas which EPA has determined have insignificant motor vehicle
emissions. Subsection N of this section (20.2.99.128 NMAC) addresses isolated
rural nonattainment and maintenance areas. Table 1 follows. Table 1. Conformity
Criteria.
(1) All actions at all times
(a) 20.2.99.129 NMAC. Latest planning
assumptions
(b) 20.2.99.130 NMAC.
Latest emissions model
(c)
20.2.99.131 NMAC. Consultation
(2) Transportation Plan
(a) Subsection B of 20.2.99.132 NMAC.
TCMs
(b) 20.2.99.137 NMAC and/or
20.2.99.138 NMAC. Emissions budget and/or interim emissions
(3) TIP
(a) Subsection C of 20.2.99.132 NMAC.
TCMs
(b) 20.2.99.137 NMAC and/or
20.2.99.138 NMAC. Emissions budget and /or interim emissions
(4) Project (From a conforming
plan and TIP)
(a) 20.2.99.133 NMAC. Currently
conforming plan and TIP
(b)
20.2.99.134 NMAC. Project from a conforming plan and TIP
(c) 20.2.99.135 NMAC. CO,
PM10, and PM2.5 hot
spots
(d) 20.2.99.136 NMAC.
PM10 and PM2.5 control
measures
(5) Project
(Not from a conforming plan and TIP)
(a)
Subsection D of 20.2.99.132 NMAC. TCMs
(b) 20.2.99.133 NMAC. Currently conforming
plan and TIP
(c) 20.2.99.135 NMAC.
CO, PM10, and PM2.5 hot
spots
(d) 20.2.99.136 NMAC.
PM10 and PM2.5 control
measures
(e) 20.2.99.137 NMAC
and/or 20.2.99.138 NMAC. Emissions budget and/or interim emissions.
C. 1-hour ozone
nonattainment and maintenance areas. This subsection (Subsection C of section
20.2.99.128 NMAC) applies when an area is nonattainment or maintenance for the
1-hour ozone NAAQS (i.e., until the effective date of any revocation of the
1-hour ozone NAAQS for an area). In addition to the criteria listed in table 1
in Subsection B of this section (20.2.99.128 NMAC) that are required to be
satisfied at all times, in such ozone nonattainment and maintenance areas
conformity determinations must include a demonstration that the budget and/or
interim emission tests are satisfied as described in the following.
(1) In all 1-hour ozone nonattainment and
maintenance areas the budget test must be satisfied as required by 20.2.99.137
NMAC for conformity determinations made on or after:
(a) the effective data EPA's finding that a
motor vehicle emissions budget in a submitted control strategy implementation
plan revision or maintenance plan for the 1-hour ozone NAAQS is adequate for
transportation conformity purposes;
(b) the publication data of EPA's approval of
such a budget in the federal register; or
(c) the effective state of EPA's approval of
such a budget in the federal register, if such approval is completed through
direct final rulemaking.
(2) In ozone nonattainment areas that are
required to submit a control strategy implementation plan revision for the
1-hour ozone NAAQS (usually moderate and above areas), the interim emissions
tests must be satisfied as required by 20.2.99.138 NMAC for conformity
determinations made when there is no approved motor vehicle emissions budget
form an applicable implementation plan for the 1-hour ozone NAAQS and no
adequate motor vehicle emissions budget form a submitted control strategy
implementation plan revision or maintenance plan for the 1-hour ozone NAAQS.
(3) An ozone nonattainment area
must satisfy the interim emissions test for NOx, as required by 20.2.99.138
NMAC, if the implementation plan or plan submission that is applicable for the
purposes of conformity determinations is a fifteen percent (15%) plan or phase
I attainment demonstration that does not include a motor vehicle emissions
budget for NOx. The implementation plan for the 1-hour ozone NAAQS will be
considered to establish a motor vehicle emissions budget for NOx if the
implementation plan or plan submission contains an explicit NOx motor vehicle
emissions budget that is intended to act as a ceiling on future NOx emissions,
and the NOx motor vehicle emissions budget is a net reduction from NOx
emissions levels in 1990.
(4)
Ozone nonattainment areas that have not submitted a maintenance plan and that
are not required to submit a control strategy implementation plan revision for
the 1-hour NAAQS (usually marginal and below areas) must satisfy one of the
following requirements:
(a) the interim
emissions tests required by 20.2.99.138 NMAC; or
(b) the department shall submit to US EPA an
implementation plan revision for the 1-hour ozone NAAQS that contains motor
vehicle emissions budget(s) and a reasonable further progress or an attainment
demonstration, and the budget test required by 20.2.99.137 NMAC must be
satisfied using the adequate or approved motor vehicle emissions budget(s) (as
described in Paragraph (1) of Subsection C of 20.2.99.128 NMAC).
(5) Notwithstanding Paragraphs (1)
and (2) of Subsection C of 20.2.99.128 NMAC, moderate and above ozone
nonattainment areas with three years of clean data for the 1-hour ozone NAAQS
that have not submitted a maintenance plan and that US EPA has determined are
not subject to the Clean Air Act reasonable further progress and attainment
demonstration requirements for the 1-hour NAAQS must satisfy one of the
following requirements:
(a) the interim
emissions tests as required by 20.2.99.138 NMAC;
(b) the budget test as required by
20.2.99.137 NMAC, using the adequate or approved motor vehicle emissions
budgets in the submitted or applicable control strategy implementation plan for
the 1-hour ozone NAAQS (subject to the timing requirements of Paragraph (1) of
Subsection C of 20.2.99.128 NMAC); or
(c) the budget test as required by
20.2.99.137 NMAC, using the motor vehicle emissions of ozone precursors in the
most recent year of clean data as motor vehicle emissions budgets, if such
budgets are established by the US EPA rulemaking that determines that the area
has clean data.
D. 8-hour ozone NAAQS nonattainment and
maintenance areas without motor vehicle emissions budgets for the 1-hour ozone
NAAQS for any portion of the 8-hour nonattainment area. This subsection
(Subsection D of section 20.2.99.128 NMAC) applies to areas that were never
designated nonattainment for the 1-hour ozone NAAQS but that never submitted a
control strategy SIP or maintenance plan with approved or adequate motor
vehicle emissions budgets. This subsection (Subsection D of section 20.2.99.128
NMAC) applies one (1) year after the effective date of EPA's nonattainment
designation for the 8-hour ozone NAAQS for an area, according to Subsection D
of 20.2.99.109 NMAC. In the addition to the criteria listed in table 1 in
Subsection B of 20.2.99.128 NMAC that are required to be satisfied at all
times, in such 8-hour ozone nonattainment and maintenance areas conformity
determinations much include a demonstration that the budget and/or interim
emissions tests are satisfied as described in the following.
(1) In such 8-hour ozone nonattainment and
maintenance areas the budget test much be satisfied as required by section
20.2.99.137 NMAC for conformity determinations made on or after;
(a) the effective date of EPA's finding that
a motor vehicle emissions budget in a submitted control strategy implementation
plan revision or maintenance plan for the 8-hour ozone NAAQS is adequate for
transportation conformity purposes;
(b) the publication date of EPA's approval of
such a budget in the federal register; or
(c) the effective date of EPA's approval of
such a budget in the federal register, if such approval is completed through
direct final rulemaking.
(2) In ozone nonattainment areas that are
required to submit a control strategy implementation plan revision for the
8-hour ozone NAAQS (usually moderate and above and certain Clean Air Act, part
D subpart 1 areas), the interim emissions tests must by satisfied as required
by section 20.2.99.138 NMAC for conformity determinations made when there is no
approved motor vehicle emissions budget from an applicable implementation plan
for 8-hour ozone NAAQS and no adequate motor vehicle emissions budget from a
submitted control strategy implementation plan revision or maintenance plan for
the 8-hour NAAQS.
(3) Such an
8-hour ozone nonattainment area must satisfy the interim emissions test for
NOx, as required by section 20.2.99.138 NMAC, if the implementation plan or
plan submission that is applicable for the purposes of conformity determination
is a fifteen percent (15%) plan or other control strategy SIP that addresses
reasonable further progress that does not include a motor vehicle emissions
budget for NOx. The implementation plan for the 8-hour ozone NAAQS will be
considered to establish a motor vehicle emissions budget for NOx if the
implementation plan or plan submission contains an explicit NOxmotor vehicle
emissions budget that is intended to act as a ceiling on future NOxemissions,
and the NOxmotor vehicle emissions budget is a net reduction from NOx emissions
levels in 2002.
(4) Ozone
nonattainment areas that have not submitted a maintenance plan and that are not
required to submit a control strategy implementation plan revision for the
8-hour ozone NAAQS (usually marginal and certain Clean Air Act, part D, subpart
1 areas) must satisfy one of the following requirements:
(a) the interim emissions tests required by
section 20.2.99.138 NMAC; or
(b)
the department shall submit to EPA an implementation plan revision for the
8-hour ozone NAAQS that contains motor vehicle emissions budget(s) and a
reasonable further progress or attainment demonstration, and the budget test
required by section 20.2.99.137 NMAC must be satisfied using the adequate or
approved motor vehicle emissions budget(s) (as described in Paragraph (1) of
Subsection D of 20.2.99.128 NMAC).
(5) Notwithstanding Paragraphs (1) and (2) of
Subsection D of 20.2.99.128 NMAC, ozone nonattainment areas with three (3)
years of clean data for the 8-hour ozone NAAQS that have not submitted
maintenance plan and that EPA has determined are not subject to the Clean Air
Act reasonable further progress and attainment demonstration requirements for
the 9-hour ozone NAAQS must satisfy one of the following requirements:
(a) the interim emissions tests as required
by section 20.2.99.138 NMAC;
(b)
the budget test as required by section 20.2.99.137 NMAC, using the adequate or
approved motor vehicle emissions budgets in the submitted or applicable control
strategy implementation plan for the 8-hour ozone NAAQS (subject to the timing
requirements of Paragraph (1) of Subsection D of 20.2.99.128 NMAC; or
(c) the budget test as required by section
20.2.137 NMAC, using the motor vehicle emissions of ozone precursors in the
most recent year of clean data as motor vehicle emissions budgets, if such
budgets are established by the EPA rulemaking that determines that the area has
clean data for the 8-hour ozone NAAQS.
E. 8-hour ozone NAAQS nonattainment and
maintenance areas with motor vehicle emissions budgets for the 1-hour ozone
NAAQS that cover all or a portion of the 8-hour nonattainment area. This
provision applies one (1) year after the effective date of EPA's nonattainment
designation for the 8-hour ozone NAAQS for an area, according to Subsection D
of section 2.20.99.109 NMAC. In addition to the criteria listing in table 1 in
Subsection B of this section (2.20.2.128 NMAC) that are required to be
satisfied at all times, in such 8-hour ozone nonattainment and maintenance
areas conformity determinations must include a demonstration that the budget
and/or interim emissions tests are satisfied as described in the following.
(1) In such 8-hour ozone nonattainment and
maintenance areas the budget test must be satisfied as required by section
20.2.99.137 NMAC for conformity determinations made on or after:
(a) the effective date of EPA's finding that
a motor vehicle emissions budget in a submitted control strategy implementation
plan revision or maintenance plan for the 8-hour ozone NAAQS is adequate for
transportation conformity purposes;
(b) the publication date of EPA's approval of
such a budget in the federal register; or
(c) the effective date of EPA's approval of
such a budget in the federal register, is such approval is completed through
direct final rulemaking.
(2) Prior to Paragraph (1) of Subsection E of
20.2.99.128 NMAC applying, the following test(s) must be satisfied.
(a) If the 8-hour ozone nonattainment area
covers the same geographic area as the 1-hour ozone nonattainment or
maintenance area(s) , the budget test as required by section 20.2.99.137 NMAC
using the approved or adequate motor vehicle emissions budgets in the 1-hour
ozone applicable implementation plan or implementation plan
submission.
(b) If the 8-hour ozone
nonattainment area covers a smaller geographic area within the 1-hour ozone
nonattainment or maintenance area(s), the budget test as required by section
20.2.99.137 NMAC for either the 8-hour nonattainment area using corresponding
portion(s) of the approved or adequate motor vehicle emissions budgets in the
1-hour ozone applicable implementation plan or implementation plan submission
where such portion(s) can reasonably be identified through the interagency
consultation process required by section 20.2.99.116 NMAC ; or the 1-hour
nonattainment area using the approved or adequate motor vehicle emissions
budgets in the 1-hour ozone applicable implementation plan or implementation
plan submission. If additional emission reductions are necessary to meet the
budget test for the 8-hour ozone NAAQS in such cases, these emissions
reductions must come from within the 8-hour nonattainment area.
(c) If the 8-hour ozone nonattainment area
covers a larger geographic area and encompasses the entire 1-hour ozone
nonattainment or maintenance area(s) the budget test as required by section
20.2.99.137 NMAC for the portion of the 8-hour ozone nonattainment area covered
by the approved or adequate motor vehicle emissions budgets in the 1-hour ozone
applicable implementation plan or implementation plan submission; and the
interim emissions tests as required by section 20.2.99.138 NMAC for either: the
portion of the 8-hour ozone nonattainment area not covered by the approved or
adequate budgets in the 1-hour ozone implementation plan, the entire 8-hour
ozone nonattainment area, or the entire portion of the 8-hour ozone
nonattainment area within an individual state, in the case where separate
1-hour SIP budgets are established for each state of a multi-state 1-hour
nonattainment area partially covers a 1-hour ozone nonattainment or maintenance
area(s).
(d) If the 8-hour ozone
nonattainment area partially covers a 1-hour ozone nonattainment of maintenance
area(s) the budget test as required by section 20.2.99.137 NMAC for the portion
of the 8-hour ozone nonattainment area covered by the corresponding portion of
the approved or adequate motor vehicle emissions budgets in the 1-hour ozone
applicable implementation plan or implementation plan submission where they can
be reasonably identified through the interagency consultation process required
by section 20.2.99.116 NMAC ; and the interim emissions tests as required by
section 20.2.99.138 NMAC, when applicable, for either: the portion of the
8-hour ozone nonattainment area not covered by the approved or adequate budgets
in the 1-hour ozone implementation plan, the entire 8-hour ozone nonattainment
area, or the entire portion of the 8-hour ozone nonattainment area within an
individual state, in the case where separate 1-hour SIP budgets are established
for each state in a multi-state 1-hour nonattainment or maintenance
area.
(3) Such an 8-hour
ozone nonattainment area must satisfy the interim emissions test for NOx, as
required by section 20.2.99.138 NMAC, if the only implementation plan or plan
submission that is applicable for the purposes of conformity determinations is
a fifteen percent (15%) plan or other control strategy SIP that addresses
reasonable further progress that does not include a motor vehicle emissions
budget for NOx. The implementation plan for the 8-hour ozone NAAQS will be
considered to establish a motor vehicle emissions budget for NOx if the
implementation plan or plan submission contains an explicit NOx motor vehicle
emissions budget that is intended to act as a ceiling on future NOx emissions,
and the NOxmotor vehicle emissions budget is a net reduction from NOx emissions
levels in 2002. Prior to an adequate or approved NOxmotor vehicle emissions
budget in the implementation plan submission for the 8-hour ozone NAAQS, the
implementation plan for the 1-hour ozone NAAQS will be considered to establish
a motor vehicle emissions budget for NOxif the implementation plan contains on
explicit NOx motor vehicle emissions budget that is intended to act as a
ceiling on future NOx emissions, and the NOx motor vehicle emission budget is a
net reduction from NOx emissions levels in 1990.
(4) Notwithstanding Paragraphs (1) and (2) of
Subsection E of this section (20.2.99.128 NMAC), ozone nonattainment areas with
three years of clean data for the 8-hour ozone NAAQS that have not submitted a
maintenance plan and that EPA has determined are not subject to the Clean Air
Act reasonable further progress and attainment demonstration requirement for
the 8-hour ozone NAAQS must satisfy one of the following requirements:
(a) the budget test and/or interim emissions
tests are required by sections 20.2.99.137 NMAC and 20.2.99.138 NMAC and as
described in Paragraph (2) of Subsection E of this section (20.2.99.128
NMAC);
(b) the budget test as
required by section 20.2.99.137 NMAC, using the adequate or approved motor
vehicle emission budgets in the submitted or applicable control strategy
implementation plan for the 8-hour ozone NAAQS (subject to the timing
requirements of Paragraph (1) of Subsection E of 20.2.99.128 NMAC; or
(c) the budget test as required by section
20.2.99.137 NMAC, using the motor vehicle emissions of ozone precursors in the
most recent year of clean data as motor vehicle emissions budgets, if such
budgets are established by the EPA rulemaking that determines that the area has
clean data for the 8-hour ozone NAAQS.
F. CO nonattainment and maintenance areas. In
addition to the criteria listed in table 1 in Subsection B of 20.2.99.128 NMAC
that are required to be satisfied at all times, in CO nonattainment and
maintenance areas conformity determinations must include a demonstration that
the hot spot, budget and/or interim emissions tests are satisfied as described
in the following.
(1) FHWA/FTA projects in CO
nonattainment or maintenance areas must satisfy the hot spot test required by
Subsection A of 20.2.99.135 NMAC at all times. Until a CO attainment
demonstration or maintenance plan is approved by US EPA, FHWA/FTA projects must
also satisfy the hot spot test required by Subsection B of 20.2.99.135
NMAC.
(2) In CO nonattainment and
maintenance areas the budget test must be satisfied as required by 20.2.99.137
NMAC for conformity determinations made:
(a)
the effective date of EPA's finding that a motor vehicle emissions budget in a
submitted control strategy implementation plan revision or maintenance plan is
adequate for transportation conformity purposes;
(b) the publication date of EPA's approval of
such a budget in the federal register; or
(c) the effectivedate of EPA's approval of
such a budget in the federal register, if such approval is completed through
direct final rulemaking.
(3) Except as provided in Paragraph (4) of
Subsection F of 20.2.99.128 NMAC, in CO nonattainment areas the interim
emissions tests must be satisfied as required by 20.2.99.138 NMAC for
conformity determinations made when there is no approved motor vehicle
emissions budget from an applicable implementation plan and no adequate motor
vehicle emissions budget from a submitted control strategy implementation plan
revision or maintenance plan.
(4)
CO nonattainment areas that have not submitted a maintenance plan and that are
not required to submit an attainment demonstration (e.g., moderate CO areas
with a design value of 12.7 ppm or less or not classified CO areas) must
satisfy one of the following requirements:
(a) the interim emissions tests required by
20.2.99.138 NMAC; or
(b) the
department shall submit to US EPA an implementation plan revision that contains
motor vehicle emissions budget(s) and an attainment demonstration, and the
budget test required by 20.2.99.137 NMAC must be satisfied using the adequate
or approved motor vehicle emissions budget(s) (as described in Paragraph (2) of
Subsection F of 20.2.99.128 NMAC).
G. PM10 nonattainment
and maintenance areas. In addition to the criteria listed in table 1 in
Subsection B of 20.2.99.128 NMAC that are required to be satisfied at all
times, in PM10 nonattainment and maintenance areas
conformity determinations must include a demonstration that the hot spot,
budget and/or interim emissions tests are satisfied as described in the
following.
(1) FHWA/FTA projects in
PM10 nonattainment or maintenance areas must satisfy the
hot spot test required by 20.2.99.135 NMAC.
(2) In PM10
nonattainment and maintenance areas where a budget is submitted for the 24-hour
PM10 NAAQS, the budget test must be satisfied as
required by 20.2.99.137 NMAC for conformity determinations made on or after:
(a) the effective date of EPA's finding that
a motor vehicle emissions budget in a submitted control strategy implementation
plan revision or maintenance plan is adequate for transportation conformity
purposes;
(b) the publication date
of EPA's approval of such a budget in the federal register; or
(c) the effective date of EPA's approval of
such a budget in the federal register, if such approval is completed through
direct final rulemaking.
(3) Prior to Paragraph (2) of Subsection G of
20.2.99.128 NMAC applying, the budget test must be satisfied as required by
20.2.99.137 NMAC using the approved or adequate motor vehicle emissions budget
established for the revoked annual PM10 NAAQS, if such a
budget exists.
(4) In
PM10 nonattainment areas the interim emissions tests
must be satisfied as required by 20.2.99.138 NMAC for conformity determinations
made:
(a) if there is no approved motor
vehicle emissions budget from an applicable implementation plan and no adequate
motor vehicle emissions budget from a submitted control strategy implementation
plan revision or maintenance plan; or
(b) if the submitted implementation plan
revision is a demonstration of impracticability under CAA Section
189(a)(1)(B)(ii) and does not demonstrate attainment.
H.
NO2 nonattainment and maintenance areas. In addition to
the criteria listed in table 1 in Subsection B of 20.2.99.128 NMAC that are
required to be satisfied at all times, in NO2
nonattainment and maintenance areas conformity determinations must include a
demonstration that the budget and/or interim emissions tests are satisfied as
described in the following.
(1) In
NO2 nonattainment and maintenance areas the budget test
must be satisfied as required by 20.2.99.137 NMAC for conformity determinations
made:
(a) the effective date of EPA's finding
that a motor vehicle emissions budget in a submitted control strategy
implementation plan revision or maintenance plan is adequate for transportation
conformity purposes;
(b) the
publication date of EPA's approval of such a budget in the federal register;
or
(c) the effective date of EPA's
approval of such a budget in the federal register, if such approval is
completed through direct final rulemaking.
(2) In NO2
nonattainment areas the interim emissions tests must be satisfied as required
by 20.2.99.138 NMAC for conformity determinations made when there is no
approved motor vehicle emissions budget from an applicable implementation plan
and no adequate motor vehicle emissions budget from a submitted control
strategy implementation plan revision or maintenance plan.
I. 1997 PM2.5 NAAQS
nonattainment and maintenance areas. In addition to the criteria listed in
table 1 in Subsection B of section 20.2.99.128 NMAC that are required to be
satisfied at all times, in such 1997 PM2.5 nonattainment
and maintenance areas conformity determinations must include a demonstration
that the budget and/or interim emissions tests are satisfied as described in
the following:
(1) FHWA/FTA projects in such
1997 PM2.5 nonattainment or maintenance areas must
satisfy the appropriate hot-spot test required by Subsection A of section
20.2.99.135 NMAC.
(2) in such 1997
PM2.5 nonattainment and maintenance areas the budget
test must be satisfied as required by 20.2.99.137 NMAC for conformity
determinations made on or after:
(a) the
effective date of EPA's finding that a motor vehicle emissions budget in a
submitted control strategy implementation plan revision or maintenance plan is
adequate for transportation conformity purposes;
(b) the publication date of EPA's approval of
such a budget in the federal register; or
(c) the effective date of EPA's approval of
such a budget in the federal register, if such approval is completed through
direct final rulemaking;
(3) in such 1997 PM2.5
nonattainment areas the interim emissions tests must be satisfied
as required by section 20.2.99.138 NMAC for conformity determinations made if
there is no approved motor vehicle emissions budget from an applicable
implementation plan and no adequate motor vehicle emissions budget from a
submitted control strategy implementation plan revision or maintenance
plan.
J. 2006
PM2.5 NAAQS nonattainment and maintenance areas without
1997 PM2.5 NAAQS motor vehicle emissions budgets for any
portion of the 2006 PM2.5 NAAQS area. In addition to the
criteria listed in Table 1 of Subsection B of 20.2.99.128 NMAC that are
required to be satisfied at all times, in such 2006 PM2.5
nonattainment and maintenance areas conformity determinations must
include a demonstration that the budget and/or interim emissions tests are
satisfied as described in the following:
(1)
FHWA/FTA projects in such PM2.5 nonattainment and
maintenance areas must satisfy the appropriate hot-spot test required by
Subsection A of 20.2.99.135 NMAC.
(2) In such PM2.5
nonattainment and maintenance areas the budget test must be
satisfied as required by 20.2.99.137 NMAC for conformity determinations made on
or after:
(a) the effective date of EPA's
finding that a motor vehicle emissions budget in a submitted control strategy
implementation plan revision or maintenance plan for the 2006 PM2.5
NAAQS is adequate for transportation conformity purposes;
(b) the publication date of EPA's approval of
such a budget in the federal register; or
(c) the effective date of EPA's approval of
such a budget in the federal register, if such approval is completed through
direct final rulemaking.
(3) In such PM2.5
nonattainment areas the interim emissions tests must be satisfied
as required by 20.2.99.138 NMAC for conformity determinations made if there is
no approved motor vehicle emissions budget from an applicable implementation
plan for the 2006 PM2.5 NAAQS and no adequate motor
vehicle emissions budget from a submitted control strategy implementation plan
revision or maintenance plan for the 2006 PM2.5
NAAQS,
K.
2006 PM2.5 NAAQS nonattainment and maintenance areas
with motor vehicle emissions budgets for the 1997 PM2.5
NAAQS that cover all or a portion of the 2006 PM2.5
nonattainment area. In addition to the criteria listed in Table 1
of Subsection B of 20.2.99.128 NMAC that are required to be satisfied at all
times, in such 2006 PM2.5 nonattainment and maintenance
areas conformity determinations must include a demonstration that the budget
and/or interim emissions tests are satisfied as described in the following;
(1) FHWA/FTA projects in such
PM2.5 nonattainment and maintenance areas must satisfy
the appropriate hot-spot test required by Subsection A of
20.2.99.135.
(2) In such
PM2.5 nonattainment and maintenance areas the budget
test must be satisfied as required by 20.2.99.137 NMAC for conformity
determinations made on or after:
(a) the
effective date of EPA's finding that a motor vehicle emissions budget in a
submitted control strategy implementation plan revision or maintenance plan for
the 2006 PM2.5 NAAQS is adequate for transportation
conformity purposes;
(b) the
publication date of EPA's approval of such a budget in the federal register;
or
(c) the effective date of EPA's
approval of such a budget in the federal register, if such approval is
completed through direct final rulemaking.
(3) Prior to Paragraph (2) of Subsection K of
20.2.99.128 NMAC applying, the following test(s) must be satisfied:
(a) if the 2006 PM2.5
nonattainment area covers the same geographic area as the 1997
PM2.5 nonattainment or maintenance area(s), the budget
test as required by 20.2.99.137 NMAC using the approved or adequate motor
vehicle emissions budgets in the 1997 PM2.5 applicable
implementation plan or implementation plan submission;
(b) if the 2006 PM2.5
nonattainment area covers a smaller geographic area within the 1997
PM2.5 nonattainment or maintenance area(s), the budget
test as required by 20.2.99.137 NMAC for either;
(i) the 2006 PM2.5
nonattainment area using corresponding portion(s) of the approved
or adequate motor vehicle emissions budgets in the 1997 PM2.5
applicable implementation plan or implementation plan submission
where such portion(s) can reasonably be identified through the interagency
consultation process required by 20.2.99.116 NMAC through 20.2.99.124 NMAC,
or
(ii) the 1997 PM2.5
nonattainment area using the approved or adequate motor vehicle
emissions budgets in the 1997 PM2.5 applicable
implementation plan or implementation plan submission; if additional emissions
reductions are necessary to meet the budget test for the 2006 PM2.5
NAAQS in such cases, these emissions reductions must come from
within the 2006 nonattainment area;
(c) if the 2006 PM2.5
nonattainment area covers a larger geographic area and encompasses
the entire 1997 PM2.5 nonattainment or maintenance
area(s);
(i) the budget test as required by
20.2.99.137 NMAC for the portion of the 2006 PM2.5
nonattainment area covered by the approved or adequate motor
vehicle emissions budgets in the 1997 PM2.5 applicable
implementation plan or implementation plan submission; and the interim
emissions tests as required by 20.2.99.138 NMAC for either: the portion of the
2006 PM2.5 nonattainment area not covered by the
approved or adequate budgets in the 1997 PM2.5
implementation plan, the entire 2006 PM2.5
nonattainment area, or the entire portion of the 2006
PM2.5 nonattainment area within an individual state, in
the case where separate 1997 PM2.5 SIP budgets are
established for each state of a multi-state 1997 PM2.5
nonattainment or maintenance area; or
(ii) the budget test as required by
20.2.99.137 NMAC for the entire 2006 PM2.5 nonattainment
area using the approved or adequate motor vehicle emissions budgets in the
applicable 1997 PM2.5 implementation plan or
implementation plan submission;.
(d) if the 2006 PM2.5
nonattainment area partially covers a 1997 PM2.5
nonattainment or maintenance area(s);
(i) the budget test as required by
20.2.99.137 NMAC for the portion of the 2006 PM2.5
nonattainment area covered by the corresponding portion of the
approved or adequate motor vehicle emissions budgets in the 1997
PM2.5 applicable implementation plan or implementation
plan submission where they can be reasonably identified through the interagency
consultation process required by 20.2.99.116 NMAC through 20.2.99.124 NMAC;
and
(ii) the interim emissions
tests as required by 20.2.99.138 NMAC, when applicable, for either: the portion
of the 2006 PM2.5 nonattainment area not covered by the
approved or adequate budgets in the 1997 PM2.5
implementation plan, the entire 2006 PM2.5
nonattainment area, or the entire portion of the 2006
PM2.5 nonattainment area within an individual state, in
the case where separate 1997 PM2.5 SIP budgets are
established for each state in a multi-state 1997 PM2.5
nonattainment or maintenance area.
L. Areas with limited maintenance
plans. Notwithstanding the other paragraphs of this section, an area is not
required to satisfy the regional emissions analysis for sections 20.2.99.137
NMAC and/or 20.2.99.138 NMAC for a given pollutant and NAAQS, if the area has
an adequate or approved limited maintenance plan would have to demonstrate that
it would be unreasonable to expect that such an area would experience enough
motor vehicle emissions growth for a NAAQS violations to occur. A conformity
determination that meets other applicable criteria in table 1 or Subsection B
of this section (20.2.99.128 NMAC) is still required, including the hot-spot
requirements for projects in CO, PM10, and
PM2.5 areas.
M. Areas with insignificant motor vehicle
emissions. Notwithstanding the other subsections in this section (20.2.99.128
NMAC), and area is not required to satisfy a regional emissions analysis for
sections 20.2.99.137 NMAC and/or 20.2.99.138 NMAC for a given
pollutant/precursor and NAAQS, if EPA finds through the adequacy or approval
process that a SIP demonstrates that regional motor vehicle emissions are an
insignificant contributor to the air quality problem for that
pollutant/precursor and NAAQS. The SIP would have to demonstrate that it would
be unreasonable to expect that such an area would experience enough motor
vehicle emissions growth in that pollutant/precursor for a NAAQS violation to
occur. Such a finding would be based on a number of factors, including the
percentage of motor vehicle emissions in the context of the total SIP
inventory, the current state of air quality as determined by monitoring data
for that NAAQS, the absence of SIP motor vehicle control measures, and
historical trends and future projections of the growth of motor vehicle
emissions. A conformity determination that meets other applicable criteria in
table 1 or Subsection B of this section (20.2.99.128 NMAC) is still required,
including regional emissions analyses for sections 20.2.99.137 NMAC and/or
20.2.99.138 NMAC for other pollutants/precursors and NAAQS that apply. Hot-spot
requirements for projects in CO, PM10, and
PM2.5 areas in section 20.2.99.135 NMAC must also be
satisfied, unless EPA determined that the SIP also demonstrates that projects
will not create new localized violations and/or increase the severity or number
of existing violations of such NAAQS. If EPA subsequently finds that motor
vehicle emissions of a given pollutant/precursor are significant, this
subsection would no longer apply for future conformity determinations for that
pollutant/precursor and NAAQS.
N.
Isolated rural nonattainment and maintenance areas. This subsection applies to
any nonattainment or maintenance area (or portion thereof) which does not have
a metropolitan transportation plan or TIP and whose projects are not part of
the emissions analysis of any MPO's metropolitan transportation plan or TIP.
This subsection does not apply to "donut" areas which are outside the
metropolitan planning boundary and inside the nonattainment/maintenance area
boundary.
(1) FHWA/FTA projects in all
isolated rural nonattainment and maintenance areas must satisfy the
requirements of 20.2.99.129 NMAC through 20.2.99.131 NMAC, Subsection D of
20.2.99.132 NMAC, 20.2.99.135 NMAC, and 20.2.99.136 NMAC. Until US EPA approves
the control strategy implementation plan or maintenance plan for a rural CO
nonattainment or maintenance area, FHWA/FTA projects must also satisfy the
requirements of Subsection B of 20.2.99.135 NMAC ("Localized CO,
PM10, and PM2.5 violations (hot
spots)").
(2) Isolated rural
nonattainment and maintenance areas are subject to the budget and/or interim
emissions tests as described in Subsections C through M of 20.2.99.128 NMAC,
with the following modifications:
(a) when
the requirements of Subsection D of 20.2.99.125 NMAC, 20.2.99.135 NMAC,
20.2.99.137 NMAC and 20.2.99.138 NMAC apply to isolated rural nonattainment and
maintenance areas, references to "transportation plan" or "TIP" should be taken
to mean those projects in the statewide transportation plan or statewide TIP
which are in the rural nonattainment or maintenance area; when the requirements
of Subsection D of 20.2.99.125 NMAC apply to isolated rural nonattainment and
maintenance areas, references to "MPO" should be taken to mean NMDOT;
(b) in isolated rural nonattainment and
maintenance areas that are subject to 20.2.99.137 NMAC, FHWA/FTA projects must
be consistent with motor vehicle emissions budget(s) for the years in the
timeframe of the attainment demonstration or maintenance plan; for years after
the attainment year (if a maintenance plan has not been submitted) or after the
last year of the maintenance plan, FHWA/FTA projects must satisfy one of the
following requirements:
(i) 20.2.99.137
NMAC;
(ii) 20.2.99.138 NMAC
(including regional emissions analysis for NOx in all ozone nonattainment and
maintenance areas, notwithstanding Paragraph (2) of Subsection F of 20.2.99.138
NMAC; or
(iii) as demonstrated by
the air quality dispersion model or other air quality modeling technique used
in the attainment demonstration or maintenance plan, the FHWA/FTA project, in
combination with all other regionally significant projects expected in the area
in the timeframe of the statewide transportation plan, must not cause or
contribute to any new violation of any standard in any areas; increase the
frequency or severity of any existing violation of any standard in any area; or
delay timely attainment of any standard or any required interim emission
reductions or other milestones in any area; control measures assumed in the
analysis must be enforceable;
(c) the choice of requirements in
Subparagraph (b) of Paragraph (2) of Subsection N of 20.2.99.128 NMAC and the
methodology used to meet the requirements of item (iii) of Subparagraph (b) of
Paragraph (2) of Subsection N of 20.2.99.128 NMAC must be determined through
the interagency consultation process required in Paragraph (6) of Subsection B
of 20.2.99.117 NMAC and Paragraph (5) of Subsection C of 20.2.99.117 NMAC
through which the relevant recipients of title 23 U.S.C. or federal transit
laws funds, NMDOT, the department, or the local air quality agency should reach
consensus about the option and methodology selected; US EPA and US DOT must be
consulted through this process as well; in the event of unresolved disputes,
conflicts may be escalated to the governor consistent with the procedure in
20.2.99.123 NMAC, which applies to department comments on a conformity
determination.
