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 20.2.99.130 - CRITERIA AND PROCEDURES - LATEST EMISSIONS MODEL
Current through Register Vol. 35, No. 6, March 26, 2024
A. The conformity determination shall be based on the latest emission estimation model available. This criterion is satisfied if the most current version of the motor vehicle emissions model specified by US EPA for use in the preparation or revision of implementation plans in the State or area is used for the conformity analysis. Where EMFAC is the motor vehicle emissions model used in preparing or revising the SIP, new versions must be approved by US EPA before they are used in the conformity analysis.
B. US EPA will consult with US DOT to establish a grace period following the specification of any new model. The grace period will be no less than three (3) months and no more than twenty-four (24) months after notice of availability is published in the Federal Register. The length of the grace period will depend on the degree of change in the model and the scope of re-planning likely to be necessary by MPOs in order to assure conformity. If the grace period will be longer than three (3) months, US EPA will announce the appropriate grace period in the Federal Register.
C. Conformity analyses for which the emissions analysis was begun before the Federal Register notice of availability of the latest emission model, or during the grace period announced in such notice, may continue to use the previous version of the model for transportation plans and TIPs. The previous model may also be used for projects if the analysis was begun during the grace period or before the Federal Register notice of availability, provided no more than three (3) years have passed since the draft environmental document was issued.
