N.M. Code R. § 20.11.4.156 Public Participation

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.4.156
• Year: 2023

A. Upon request by any person regarding a specific federal action, a federal agency must make available, subject to the limitation in Subsection E of 20.11.4.156 NMAC, for review its draft conformity determination under 20.11.4.154 NMAC with supporting materials which describe the analytical methods and conclusions relied upon in making the applicability analysis and draft conformity determination.

B. A federal agency must make public its draft conformity determination under 20.11.4.154 NMAC by placing a notice by prominent advertisement in a daily newspaper of general circulation in the area affected by the action and by providing 30 days for written public comment prior to taking any formal action on the draft determination. This comment period may be concurrent with any other public involvement, such as occurs in the NEPA process. If the action has multi-regional or national impacts (e.g., the action will cause emission increases in excess of the de minimis levels identified in Subsection B of 20.11.4.153 NMAC in three or more of EPA's regions), the federal agency, as an alternative to publishing separate notices, can publish a notice in the federal register.

C. A federal agency must document its response to all the comments received on its draft conformity determination under 20.11.4.154 NMAC and make the comments and responses available, subject to the limitation in Subsection E of 20.11.4.156 NMAC, upon request by any person regarding a specific federal action, within 30 days...