N.M. Code R. § 20.11.4.158 Criteria For Determining Conformity of General Federal Actions

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.4.158
• Year: 2023

A. An action required under 20.11.4.153 NMAC to have a conformity determination for a specific pollutant, will be determined to conform to the applicable SIP if, for each pollutant that exceeds the rates in Subsection B of 20.11.4.153 NMAC, or otherwise requires a conformity determination due to the total of direct and indirect emissions from the action, the action meets the requirements of Subsection C of 20.11.4.158 NMAC, and meets any of the following requirements:

(1) for any criteria pollutant or precursor the total of direct and indirect emissions from the action are specifically identified and accounted for in the applicable SIP's attainment or maintenance demonstration or reasonable further progress milestone or in a facility-wide emission budget included in a SIP accordance with 20.11.4.161 NMAC;

(2) for precursors of ozone, or nitrogen dioxide, or PM, the total of direct and indirect emissions from the action are fully offset within the same nonattainment or maintenance area (or nearby area of equal or higher classification provided the emissions from that area contribute to the violations, or have contributed to violations in the past, in the area with the federal action) through a revision to the applicable SIP or a similarly enforceable measure that effects emission reductions so that there is no net increase in emissions of that pollutant;

(3) for any directly-emitted criteria pollutant, the total of direct and indirect emissions from the action meet the requirements: (a) specified in Subsection B of 20.11.4.158 NMAC, based on area-wide air quality modeling analysis and local air quality modeling analysis; or (b) meet the requirements of Paragraph (5) of Subsection A of 20.11.4.158 NMAC and, for local air quality modeling analysis, the requirement of Subsection B of 20.11.4.158 NMAC.

(4) For CO or directly emitted PM (a) where the air agency primarily responsible for the applicable SIP determines that an area-wide air quality modeling analysis is not needed, the total of direct and indirect emissions from the action meet the requirements specified in Subsection B of 20.11.4.158 NMAC, based on local air quality modeling analysis; or (b) where the air agency primarily responsible for the applicable SIP determines that an area-wide air quality modeling analysis is appropriate and that a local air...