N.M. Code R. § 20.11.4.7 Definitions

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.4.7
• Year: 2023

Terms used but not defined in 20.11.4 NMAC shall have the meaning given them by the CAA and EPA's regulations, (40 CFR Chapter I), in that order of priority. In addition to the definitions in 20.11.4.7 NMAC the definitions in 20DEFINITIONS20.11.1.7 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.4 NMAC shall govern.

A. "Affected federal land manager" means the federal agency or the federal official charged with direct responsibility for management of an area designated as Class I under the CAA ( 42 U.S.C. 42Initial classifications7472 ) that is located within 100 km of the proposed federal action.

B. "Air agency" means the Air Quality Division (AQD) of the city of Albuquerque environmental health department (EHD). The EHD, or its successor agency or authority, as represented by the department director or his/her designee, is the lead air quality planning agency for the Albuquerque - Bernalillo county nonattainment/maintenance area. The EHD serves as staff to the Albuquerque - Bernalillo county (ABC) air quality control board (AQCB), also referred to as the ABC/AQCB, and is responsible for implementing AQCB regulations.

C. "Applicability analysis" is the process of determining if a federal action must be supported by a conformity determination.

D. "Applicable implementation plan" or "applicable state implementation plan" or "applicable SIP" means the portion (or portions) of the SIP or most recent revision thereof, which has been approved under Section 110(k) of the CAA, a federal implementation plan (FIP) promulgated under Section 110(c) of the CAA, or a plan promulgated or approved pursuant to Section 301(d) of the CAA (tribal implementation plan or TIP) and which implements the relevant requirements of the CAA.

E. "Area-wide air quality modeling analysis" means an assessment on a scale that includes the entire nonattainment or maintenance area using an air quality dispersion model or photochemical grid model to determine the effects of emissions on air quality, for example, an assessment using EPA's community multiscale air quality (CMAQ) modeling system.

F. "Cause or contribute to a new violation" means a federal action that:

(1) Causes a new violation of a national ambient air quality standard (NAAQS) at a location in a nonattainment or maintenance area which would otherwise not be in violation of the standard during the future period in question if the federal action were not taken or

(2) Contributes, in conjunction with other reasonably foreseeable actions, to a new violation of a NAAQS at a location in a nonattainment or maintenance area in a manner that would increase the frequency or severity of the new violation.

G. "Caused by" as used in the terms "direct emissions," and "indirect emissions" means emissions that would not otherwise occur in the absence of the federal action.

H. "Confidential business information" or "CBI" means information that has been determined by a federal agency, in accordance with its applicable regulations, to be a trade secret, or commercial or financial information obtained from a person and privileged or confidential and it is exempt from required disclosure under the Freedom of Information Act ( 5 U.S.C. 5Public information; agency rules, opinions, orders, records, and proceedings552(b)(4) ).

I. "Conformity determination" means the evaluation (made after an applicability analysis is completed) that a federal action conforms to the applicable implementation plan or maintenance plan and meets the requirements of 20.11.4 NMAC.

J. "Conformity evaluation" means the entire process from the applicability analysis through the conformity determination that is used to demonstrate that the federal action conforms to the requirements of 20.11.4 NMAC.

K. "Continuing program responsibility" means a federal agency has responsibility for emissions caused by:

(1) actions it takes itself; or

(2) actions of non-federal entities that the federal agency, in exercising its normal programs and authorities, approves, funds...