N.M. Admin. Code § 20.11.4.7

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

Section 20.11.4.7 - DEFINITIONS

Terms used but not defined in 20.11.4 NMAC shall have the meaning given them by the CAA and EPA's regulations, (40 CFR Chapter I), in that order of priority. In addition to the definitions in 20.11.4.7 NMAC the definitions in 20.11.1.7 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.4 NMAC shall govern.

A. "Affected federal land manager" means the federal agency or the federal official charged with direct responsibility for management of an area designated as Class I under the CAA (42 U.S.C. 7472) that is located within 100 km of the proposed federal action.

B. "Air agency" means the Air Quality Division (AQD) of the city of Albuquerque environmental health department (EHD). The EHD, or its successor agency or authority, as represented by the department director or his/her designee, is the lead air quality planning agency for the Albuquerque - Bernalillo county nonattainment/maintenance area. The EHD serves as staff to the Albuquerque - Bernalillo county (ABC) air quality control board (AQCB), also referred to as the ABC/AQCB, and is responsible for implementing AQCB regulations.

C. "Applicability analysis" is the process of determining if a federal action must be supported by a conformity determination.

D. "Applicable implementation plan" or "applicable state implementation plan" or "applicable SIP" means the portion (or portions) of the SIP or most recent revision thereof, which has been approved under Section 110(k) of the CAA, a federal implementation plan (FIP) promulgated under Section 110(c) of the CAA, or a plan promulgated or approved pursuant to Section 301(d) of the CAA (tribal implementation plan or TIP) and which implements the relevant requirements of the CAA.

E. "Area-wide air quality modeling analysis" means an assessment on a scale that includes the entire nonattainment or maintenance area using an air quality dispersion model or photochemical grid model to determine the effects of emissions on air quality, for example, an assessment using EPA's community multiscale air quality (CMAQ) modeling system.

F. "Cause or contribute to a new violation" means a federal action that:

(1) Causes a new violation of a national ambient air quality standard (NAAQS) at a location in a nonattainment or maintenance area which would otherwise not be in violation of the standard during the future period in question if the federal action were not taken; or

(2) Contributes, in conjunction with other reasonably foreseeable actions, to a new violation of a NAAQS at a location in a nonattainment or maintenance area in a manner that would increase the frequency or severity of the new violation.

G. "Caused by" as used in the terms "direct emissions," and "indirect emissions" means emissions that would not otherwise occur in the absence of the federal action.

H. "Confidential business information" or "CBI" means information that has been determined by a federal agency, in accordance with its applicable regulations, to be a trade secret, or commercial or financial information obtained from a person and privileged or confidential and it is exempt from required disclosure under the Freedom of Information Act (5 U.S.C.552(b)(4)).

I. "Conformity determination" means the evaluation (made after an applicability analysis is completed) that a federal action conforms to the applicable implementation plan or maintenance plan and meets the requirements of 20.11.4 NMAC.

J. "Conformity evaluation" means the entire process from the applicability analysis through the conformity determination that is used to demonstrate that the federal action conforms to the requirements of 20.11.4 NMAC.

K. "Continuing program responsibility" means a federal agency has responsibility for emissions caused by:

(1) actions it takes itself; or

(2) actions of non-federal entities that the federal agency, in exercising its normal programs and authorities, approves, funds, licenses or permits, provided the agency can impose conditions on any portion of the action that could affect the emissions.

L. "Continuous program to implement" means that the federal agency has started the action identified in the plan and does not stop the actions for more than an 18-month period, unless it can demonstrate that such a stoppage was included in the original plan.

M. "Criteria pollutant or standard" means any pollutant for which there is established a NAAQS at 40 CFR Part 50.

N. "Direct emissions" means those emissions of a criteria pollutant or its precursors that are caused or initiated by the federal action and originate in a nonattainment or maintenance area and occur at the same time and place as the action and are reasonably foreseeable.

O. "Emergency" means a situation where extremely quick action on the part of the federal agencies involved is needed and where the timing of such federal activities makes it impractical to meet the requirements of 20.11.4 NMAC, such as natural disasters like hurricanes or earthquakes, civil disturbances such as terrorist acts, and military mobilizations such as assembling and organizing troops and matériel for the defense of a nation in time of war or national emergency.

P. "Emissions budgets" are those portions of the applicable SIP's projected emissions inventories that describe the levels of emissions (mobile, stationary, area, etc.) that provide for meeting reasonable further progress milestones, attainment, or maintenance for any criteria pollutant or its precursors.

Q. "Emissions inventory" means a listing of information on the location, type of source, type and quantity of pollutant emitted as well as other parameters of the emissions.

R. "Emissions offsets" for purposes of 20.11.4.158 NMAC are emissions reductions which are quantifiable, consistent with the applicable SIP attainment and reasonable further progress demonstrations, surplus to reductions required by, and credited to, other applicable SIP provisions, enforceable at both the state and federal levels, and permanent within the timeframe specified by the program.

S. "Emissions that a federal agency has a continuing program responsibility for" means emissions that are specifically caused by an agency carrying out its authorities, and does not include emissions that occur due to subsequent activities, unless such activities are required by the federal agency. Where an agency, in performing its normal program responsibilities, takes actions itself or imposes conditions that result in air pollutant emissions by a non-federal entity taking subsequent actions, such emissions are covered by the meaning of a continuing program responsibility.

T. "Federal action" means any activity engaged in by a department, agency, or instrumentality of the federal government, or any activity that a department, agency or instrumentality of the federal government supports in any way, provides financial assistance for, licenses, permits, or approves, other than activities related to transportation plans, programs, and projects developed, funded, or approved under Title 23 U.S.C. or the federal Transit Act ( 49 U.S.C. 1601 et seq.). Where the federal action is a permit, license, or other approval for some aspect of a non-federal undertaking, the relevant activity is the part, portion, or phase or the non-federal undertaking that requires the federal permit, license, or approval.

U. "Federal agency" means a federal department, agency, or instrumentality of the federal government.

V. "Increase the frequency or severity of any existing violation of any standard in any area" means to cause a nonattainment area to exceed a standard more often or to cause a violation at a greater concentration than previously existed or would otherwise exist during the future period in question, if the project were not implemented.

W. "Indirect emissions"

(1) means those emissions of a criteria pollutant or its precursors:

(a) that are caused or initiated by the federal action and originate in the same nonattainment or maintenance area but occur at a different time or place as the action;

(b) that are reasonably foreseeable;

(c) that the agency can practicably control; and

(d) for which the agency has continuing program responsibility.

(2) For the purposes of this definition, even if a federal licensing, rulemaking or other approving action is a required initial step for a subsequent activity that causes emissions, such initial steps do not mean that a federal agency can practically control any resulting emissions.

X. "Local air quality modeling analysis" means an assessment of localized impacts on a scale smaller than the entire nonattainment or maintenance area, including, for example, congested roadways on a federal facility, which uses an air quality dispersion model, (e.g., industrial source complex model or emission and dispersion model system), to determine the effects of emissions on air quality.

Y. "Maintenance area" means an area that was designated as nonattainment and has been re-designated in 40 CFR Part 81 to attainment, meeting the provisions of Section 107(d)(3)(E) of the CAA and has a maintenance plan approved under Section 175A of the CAA.

Z. "Maintenance plan" means a revision to the applicable SIP, meeting the requirements of Section 175A of the CAA.

AA. "Metropolitan planning organization" or "MPO" means the policy board of an organization created as a result of the designation process in 23 U.S.C. 134(d).

BB. "Milestone" has the meaning given in Sections 182(g)(1) and 189(c)(1) of the CAA. A milestone consists of an emissions level and date on which it is required to be achieved.

CC. "Mitigation measure" means any method of reducing emissions of the pollutant or its precursor taken at the location of the federal action and used to reduce the impact of the emissions of that pollutant caused by the action.

DD. "National ambient air quality standards" or "NAAQS" are those standards established pursuant to Section 109 of the CAA and include standards for carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO₂), ozone, particulate matter (PM₁₀ and PM_2.5), and sulfur dioxide (SO₂).

EE. "NEPA" is the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.).

FF. "Nonattainment Area" or "NAA" means an area designated as nonattainment under Section 107 of the CAA and described in 40 CFR Part 81.

GG. "Precursors of a criteria pollutant" are:

(1) for ozone, nitrogen oxides (NO_X), unless an area is exempted from NO_X requirements under Section 182(f) of the CAA, and volatile organic compounds (VOC); and

(2) for PM₁₀, those pollutants described in the PM₁₀ nonattainment area applicable SIP as significant contributors to the PM₁₀ levels.

(3) For PM _2.5:

(a) sulfur dioxide (SO₂) in all PM_2.5 nonattainment and maintenance areas,

(b) nitrogen oxides in all PM_2.5 nonattainment and maintenance areas unless both the department and EPA determine that it is not a significant precursor, and

(c) volatile organic compounds (VOC) and ammonia (NH₃) only in PM_2.5 nonattainment or maintenance areas where either the department or EPA determines that they are significant precursors.

HH. "Reasonably foreseeable emissions" are projected future direct and indirect emissions that are identified at the time the conformity determination is made; the location of such emissions is known and the emissions are quantifiable, as described and documented by the federal agency based on its own information and after reviewing any information presented to the federal agency.

II. "Regional water or wastewater projects" include construction, operation, and maintenance of water or wastewater conveyances, water or wastewater treatment facilities, and water storage reservoirs, which affect a large portion of a nonattainment or maintenance area.

JJ. "Regionally significant action" means a federal action for which the direct and indirect emissions of any pollutant represent 10 percent or more of a nonattainment or maintenance area's emissions inventory for that pollutant.

KK. "Restricted information" means information that is privileged or that is otherwise protected from disclosure pursuant to applicable statutes, executive orders, or regulations. Such information includes, but is not limited to: Classified national security information, protected critical infrastructure information, sensitive security information, and proprietary business information.

LL. "Smoke management program" or "SMP" establishes a basic framework of procedures and requirements for managing smoke from fires that are managed for resource benefits. The purposes of SMPs are to mitigate the nuisance and public safety hazards (e.g., on roadways and at airports) posed by smoke intrusions into populated areas; to prevent deterioration of air quality and NAAQS violations; and to address visibility impacts in mandatory Class I federal areas in accordance with the regional haze rules.

MM. "Take or start the federal action" means the date that the federal agency signs or approves the permit, license, grant or contract or otherwise physically begins the federal action that requires a conformity evaluation under 20.11.4 NMAC.

NN. "Total of direct and indirect emissions" means the sum of direct and indirect emissions increases and decreases caused by the federal action (i.e., the "net" emissions considering all direct and indirect emissions). The portion of emissions which are exempt or presumed to conform under Subsections C, D, E or F of 20.11.4.153 NMAC are not included in the "total of direct and indirect emissions." The "total of direct and indirect emissions" includes emissions of criteria pollutants and emissions of precursors of criteria pollutants.

OO. "Tribal implementation plan" or "TIP" means a plan to implement the national ambient air quality standards adopted and submitted by a federally recognized indian tribal government determined to be eligible under 40 CFR 49.9 and the plan has been approved by the EPA.

N.M. Admin. Code § 20.11.4.7

12/16/94. . .12/1/95; 20.11.4.7 NMAC - Rn, 20 NMAC 11.04.I.7, 10/1/02; A, 3/14/11