N.M. Admin. Code § 20.11.4.155

Current through Register Vol. 35, No. 23, December 10, 2024

Section 20.11.4.155 - REPORTING REQUIREMENTS

A. A federal agency making a conformity determination under Sections 13 through 19 and 21 through 23 of 20.11.4 NMAC must provide to the EPA Region VI Office, state and local air agencies, any federally-recognized indian tribal government in the nonattainment or maintenance area, and, where applicable, affected federal land managers, the agency designated under Section 174 of the CAA and the MPO a 30-day notice which describes the proposed action and the federal agency's draft conformity determination on the action. 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 sending it to EPA regional offices, can provide the notice to EPA's office of air quality planning and standards.

B. A federal agency must notify the EPA Region VI office, state and local air agencies, any federally-recognized indian tribal government in the nonattainment or maintenance area, and, where applicable, affected federal land managers, the agency designated under Section 174 of the CAA and the MPO, within 30 days after making a final conformity determination under 20.11.4 NMAC.

C. The draft and final conformity determination shall exclude any restricted information or confidential business information. The disclosure of restricted information and confidential business information shall be controlled by the applicable laws, regulations, security manuals, or executive orders concerning the use, access, and release of such materials. Subject to applicable procedures to protect restricted information from public disclosure, any information or materials excluded from the draft or final conformity determination or supporting materials may be made available in a restricted information annex to the determination for review by federal and state representatives who have received appropriate clearances to review the information.

N.M. Admin. Code § 20.11.4.155

20.11.4.155 NMAC - Rn & A, 20.11.4.14 NMAC, 3/14/11