New Mexico Administrative Code

Albuquerque-Bernalillo County Air Quality Control Board, c/o Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2601.

If any section, paragraph, sentence, clause or word of 20.11.3 NMAC or any federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of the remaining provisions of 20.11.3 NMAC…

When assisting or approving any action with air quality-related consequences, FHWA and FTA shall give priority to the implementation of those transportation portions of an applicable implementation plan prepared to attain and maintain the NAAQS. This priority shall be consistent …

A. Conformity determinations and conformity redetermination for transportation plans, TIPs and FHWA/FTA projects shall be made according to the requirements of 20.11.3.104 NMAC and the applicable implementation plan. B. Frequency of conformity determinations for transportation pl…

A. General: Transportation plans and programs shall be in conformity with the applicable implementation plan (SIP) for the nonattainment/maintenance area of Bernalillo county. The MRCOG, as the MPO, is responsible for conducting the air quality transportation conformity analyses …

A. Transportation plans adopted after January 1, 1997 in serious, severe or extreme ozone non-attainment areas and in serious CO nonattainment areas. If the metropolitan planning area contains an urbanized area population greater than 200,000, the transportation plan shall specif…

The degree of specificity required in the transportation plan and the specific travel network assumed for air quality modeling do not preclude the consideration of alternatives in the NEPA process or other project development studies. Should the NEPA process result in a project w…

Transportation plans and TIPs shall be fiscally constrained consistent with DOT's metropolitan planning regulations at 23 CFR Part 450 in order to be found in conformity. The determination that the MTP and TIP are fiscally constrained is made through the MPO's transportation plan…

A. In order for each transportation plan, program, and FHWA/FTA project to be found to conform, the MPO and DOT shall demonstrate that the applicable criteria and procedures in 20.11.3 NMAC are satisfied. The MPO and DOT shall comply with all applicable conformity requirements of…

Documents incorporated and cited in 20.11.3 NMAC may be viewed at the Albuquerque environmental health department, one civic plaza NW, suite 3023, 400 Marquette NW, Albuquerque, NM 87102.

A. Except as provided in Subsection A of 20.11.3.110 NMAC, the conformity determination, with respect to all other applicable criteria in 20.11.3.111 NMAC through 20.11.3.119 NMAC, shall be based upon the most recent planning assumptions in force at the time the conformity analys…

A. The conformity determination shall be based on the latest emission estimation model available. This criterion is satisfied if the most current version of the motor vehicle emissions model specified by EPA for use in the preparation or revision of implementation plans for Berna…

Conformity shall be determined according to the consultation procedures in 20.11.3 NMAC and in the applicable implementation plan, and according to the public involvement procedures established in compliance with 23 CFR Part 450. Until the implementation plan revision required by…

A. The transportation plan, TIP or any FHWA/FTA project, which is not from a conforming plan and TIP, shall provide for the timely implementation of TCMs from the applicable implementation plan. B. For transportation plans, this criterion is satisfied if the following two conditi…

There shall be a currently conforming transportation plan and currently conforming TIP at the time of project approval, or a project must meet the requirements in Subsection F of 20.11.3.104 NMAC during the 12-month lapse grace period. A. Only one conforming transportation plan o…

A. The project shall come from a conforming plan and program: If this criterion is not satisfied, the project must satisfy all criteria in Table 1 of Subsection B of 20.11.3.109 NMAC for a project not from a conforming transportation plan and TIP. A project is considered to be fr…

A. Subsection A of 20.11.3.116 NMAC applies at all times. The FHWA/FTA project shall not cause or contribute to any new localized CO, PM10 or PM2.5 violations or increase the frequency or severity of any existing CO, PM10 or PM2.5 violations, or delay timely attainment of any NAA…

The FHWA/FTA project shall comply with any PM10 and PM2.5 control measures in the applicable implementation plan. This criterion is satisfied if the project-level conformity determination contains a written commitment from the project sponsor to include in the final plans, specif…

A. The transportation plan, TIP and project not from a conforming transportation plan and TIP shall be consistent with the motor vehicle emissions budget(s) in the applicable implementation plan (or implementation plan submission). This criterion applies as described in Subsectio…

A. The transportation plan, TIP and project not from a conforming transportation plan and TIP shall satisfy the interim emissions test(s) as described in Subsections C through G of 20.11.3.109 NMAC. This criterion applies to the net effect of the action (transportation plan, TIP …

A. Disapprovals: (1) If 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 i…

A. Except as provided in Subsection B of 20.11.3.121 NMAC, no recipient of federal funds designated under Title 23 U.S.C. or the Federal Transit Laws shall adopt or approve a regionally significant highway or transit project, regardless of funding source, unless the recipient fin…

A. General requirements: (1) The regional emissions analysis required by 20.11.3.118 NMAC and 20.11.3.119 NMAC for the transportation plan, TIP or project not from a conforming plan and TIP shall include all regionally significant projects expected in the nonattainment or mainten…

A. CO hot spot analysis: (1) The demonstrations required by 20.11.3.116 NMAC (Criteria and Procedures: Localized CO, PM10 and PM2.5 Violations) shall be based on quantitative analysis using the applicable air quality models, data bases and other requirements specified in 40 CFR P…

A. In interpreting an applicable implementation plan (or implementation plan submission) with respect to its motor vehicle emissions budget(s), the MPO and DOT may not infer additions to the budget(s) that are not explicitly intended by the implementation plan (or submission). Un…

A. Prior to determining that a transportation project is in conformity, the MPO, other recipient of funds designated under Title 23 U.S.C. or the Federal Transit Laws, FHWA or FTA shall obtain from the project sponsor or operator written commitments to implement in the constructi…

Notwithstanding the other requirements of 20.11.3 NMAC, highway and transit projects of the types listed in Table 2 of 20.11.3.126 NMAC are exempt from the requirement to determine conformity. Such projects may proceed toward implementation even in the absence of a conforming tra…

Notwithstanding the other requirements of 20.11.3 NMAC, highway and transit projects of the types listed in Table 3 of 20.11.3.127 NMAC are exempt from regional emissions analysis requirements. The local effects of these projects with respect to CO, PM2.5 or PM10 concentrations s…

Traffic signal synchronization projects may be approved, funded and implemented without satisfying the requirements of 20.11.3 NMAC. However, all subsequent regional emissions analyses required by 20.11.3.118 NMAC and 20.11.3.119 NMAC for transportation plans, TIPs or projects no…

EPA and DOT may exempt no more than six areas for no more than three years from certain requirements of 20.11.3 NMAC if these areas are selected to participate in a conformity pilot program and have developed alternative requirements that have been approved by EPA as an implement…

A. Action applicability: (1) Except as provided for in Subsection C of 20.11.3.2 NMAC or 20.11.3.126 NMAC, conformity determinations are required for: (a) the adoption, acceptance, approval or support of transportation plans and transportation plan amendments developed pursuant t…

20.11.3 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance,…

The federal conformity rules under 40 CFR Part 93 Subpart A, in addition to any existing applicable state requirements, establish the conformity criteria and procedures necessary to meet the requirements of CAA Section 176(c) until such time as this conformity implementation plan…

Permanent.

July 1, 1998, unless a later date is cited at the end of a section.

To implement Section 176(c) of the CAA, as amended (42 U.S.C. 7401 et seq.), and the related requirements of 23 U.S.C. 109(j), with respect to the conformity of transportation plans, programs and projects which are developed, funded or approved by the United States DOT, and by th…

Terms used but not defined in 20.11.3 NMAC shall have the meaning given to them by the CAA, Titles 23 and 49 U.S.C., other EPA regulations, or other DOT regulations, in that order of priority. In addition to the definitions in Section 20.11.3.7 NMAC, the definitions in 20.11.1 NM…

[Reserved]

Any amendment to 20.11.3 NMAC that is filed with the state records center shall not affect actions pending for violation of a city or county ordinance or board regulation. Prosecution for a violation under prior regulation wording shall be governed and prosecuted under the statut…

Albuquerque-Bernalillo County Air Quality Control Board, P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2601.

If for any reason any section, paragraph, sentence, clause, wording or application of 20.11.39 NMAC or any federal or New Mexico standards incorporated herein is held unconstitutional or otherwise invalid by any court or the United States environmental protection agency, the deci…

Documents incorporated and cited in 20.11.39 NMAC may be viewed at the Albuquerque Environmental Health Department, 400 Marquette NW, Albuquerque, NM, 87102. Information on internet access to these documents may be obtained by contacting the department at (505) 768-2601.

A. Part 39 sources qualify for waivers from construction permit requirements pursuant to 20.11.41 NMAC. Owners and operators of Part 39 sources shall apply for an AQN rather than a construction permit when submitting an application to the department. If an owner or operator of a …

A. General requirements: All sources in any source category listed in this section shall comply with the following general requirements, in addition to any specific requirements for a source category. (1) All Part 39 sources shall comply with any federal regulations which are inc…

Each owner or operator of a Part 39 source shall apply for an AQN with the department in compliance with the requirements of this section. A. A person applying to the department for an AQN shall submit a completed application provided by the department. The department shall rejec…

Upon the receipt of any application for an AQN, the department shall review the application as follows. A. Within 45 days after the department has received a complete application for an AQN as required by 20.11.39.14 NMAC, the department shall issue or deny the AQN. If the AQN is…