Current through Register Vol. 35, No. 18, September 24, 2024
A. Disapprovals.
(1) If US EPA disapproves any submitted
control strategy implementation plan revision (with or without a protective
finding), the conformity status of the transportation plan and TIP shall lapse
on the date that highway sanctions as a result of the disapproval are imposed
on the nonattainment area under Section 179(b)(1) of the CAA. No new
transportation plan, TIP, or project may be found to conform until another
control strategy implementation plan revision fulfilling the same CAA
requirements is submitted and conformity to this submission is
determined.
(2) If US EPA
disapproves a submitted control strategy implementation plan revision without
making a protective finding, only projects in the first four (4) years of the
currently conforming transportation plan and TIP or that meet the requirements
of Subsection B of 20.2.99.111 NMAC during the 12-month lapse grace period may
be found to conform. This means that beginning on the effective date of a
disapproval without a protective finding, no transportation plan, TIP, or
project not in the first four (4) years of the currently conforming
transportation plan and TIP or that meets the requirements of Subsection B of
20.2.99.111 NMAC during the 12-month lapse grace period may be found to conform
until another control strategy implementation plan revision fulfilling the same
Clean Air Act requirements is submitted, US EPA finds its motor vehicle
emissions budget(s) adequate pursuant to section 20.2.99.137 NMAC or approves
the submission, and conformity to the implementation plan revision is
determined.
(3) In disapproving a
control strategy implementation plan revision, US EPA would give a protective
finding where a submitted plan contains adopted control measures or written
commitments to adopt enforceable control measures that fully satisfy the
emissions reductions requirements relevant to the statutory provision for which
the implementation plan revision was submitted, such as reasonable further
progress or attainment.
B. Failure to submit and incompleteness. In
areas where US EPA notifies the department, MPO, and US DOT of the department's
failure to submit a control strategy implementation plan or submission of an
incomplete control strategy implementation plan revision (either of which
initiates the sanction process under CAA Sections 179 or 110(m)), the
conformity status of the transportation plan and TIP shall lapse on the date
that highway sanctions are imposed on the nonattainment area for such failure
under Section 179(b)(1) of the CAA, unless the failure has been remedied and
acknowledged by a letter from the US EPA regional administrator.
C. Federal implementation plans. If US EPA
promulgates a federal implementation plan that contains motor vehicle emissions
budget(s) as a result of a department failure, the conformity lapse imposed by
20.2.99.139 NMAC because of the department failure is removed.
