N.M. Code R. § 20.11.4.157 Reevaluation of Conformity

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 21, November7, 2023
• Citation: N.M. Code R. § 20.11.4.157
• Year: 2023

A. Once a conformity evaluation is completed by a federal agency, that determination is not required to be reevaluated if the agency has maintained a continuous program to implement the action; the determination has not lapsed as specified in Subsection B of 20.11.4.157 NMAC; or any modification to the action does not result in an increase in emissions above the levels specified in Subsection B of 20.11.4.153 NMAC. If a conformity determination is not required for the action at the time NEPA analysis is completed, the date of the finding of no significant impact (FONSI) for an environmental assessment, a record of decision (ROD) for an environmental impact statement, or a categorical exclusion determination can be used as a substitute date for the conformity determination date.

B. The conformity status of a federal action automatically lapses five years from the date a final conformity determination is reported under 20.11.4.155 NMAC, unless the federal action has been completed or a continuous program to implement the federal action has been commenced.

C. Ongoing federal activities at a given site showing continuous progress are not new actions and do not require...