Susana Martinez 

GowniDr 

May2, 2012 

Mr. Sam Coleman 

State of New Mexico 

Acting Regional Administrator 

U.S. Environmental Protection Agency, Region VI 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Dear Mr. Coleman, 

RECEIVED- 5PDL 

AIR PLANHIHG SEC. 

12 HAY I 0 PH 5: 23 

This letter is submitted to fulfill Bernalillo County's requirements under Sections 11 O(a)(1) 

and (2) of the Clean Air Act (CAA). Pursuant to Sections 110(a)(1) and 110(a)(2) of the 

CAA, each state is required to submit a plan (State Implementation Plan or "SIP1 for the 

implementation, maintenance, and enforcement of any newly promulgated or revised 

National Ambient Air Quality Standard (NAAQS) within three years of the promulgation of 

such a standard by the United States Environmental Protection Agency (EPA). The 

revised NAAQS for lead (Pb) was signed by the Administrator on October 15, 2008, 

therefore, the deadline for submittal of infrastructure SIPs for the 2008 Pb NAAQS was 

October 15, 2011. 

The Air Quality Division of the City of Albuquerque's Environmental Health Departmeirt, as 

agent for the Albuquerque-Bernalillo County Air Quality Control Board (Air Board), has 

evaluated the existing New Mexico State Implementation Plan for Air Quality (SIP), and 

finds that the Albuquerque-Bernalillo County portion of the SIP satisfies the necessary 

Section 110 (a)(l) and (2) requirements for the 2008 Lead NAAQS. 

The Air Board adopted their Lead NAAQS Infrastructure SIP at their regular monthly 

meeting following a public hearing held on January 11, 2012. The public hearing was held 

in accordance with the public notice and State laws and constitution and the public hearing 

requirements of 40 CFR 51.102. To facilitate your review, two hard copies of the SIP 

State Capitol • Room 400 • Santa Fe, New Mexico 87501 • 505-476-zzoo • fax: 505"476-2226 
Mr. Sam Coleman, Acting Regional Administrator 

2 May2012 

Page2 

submittal, along with three exact duplicates in electronic form are enclosed. I believe that 

the submitted materials provide adequate documentation to support the requested SIP 

revision. 

Your favorable consideration of this request is appreciated. If you have any questions, 

please contact Mary Lou Leonard, Director of the Albuquerque Environmental Health 

Department (EHD), at (505) 768-2631. 

Thank you for your attention to this matter. 

Sincerely, 

Susana Martinez 

Governor 

SM/am 

cc: Mary Lou Leonard, Director, Albuquerque Environmental Health Department 

Bill Westmoreland, Deputy Director, Albuquerque EHD 

Margaret Nieto, Control Strategies Section Supervisor, Nr Quality Division, EHD 

F. David Martin, Cabinet Secletary, NM Environment Department 

Mary Rose, Manager, Environmental Protection Division, NMED 

Richard Goodyear, Acting Chief, Nr Quality Bureau, NMED 

Dr. Margaret Menache, Chair, ~-Bern a)CcutyAi'QualyConroiBoErd 

Enclosures 
CITY OF ALBUQVERQVE 

PO Box 1293 

Albuquerque 

NM 87103 

www.cabq.gov 

January 12, 2012 

Honorable Susana Martinez 

Governor, State of New Mexico 

Office of the Governor 

Room 400 

490 Old Santa Fe Trail 

Santa Fe, NM 87501 

SUBJECT: Lead NAAQS Infrastructure SIP Pursuant to Section 110(a)(1) and (2) 

of the Clean Air Act 

Dear Governor Martinez, 

I am writing to request your endorsement of the attached submittal to the EPA which 

serves as the basis for a revision to the New Mexico State Implementation Plan (SIP) 

for Air Quality. The attached documentation supports the SIP revision which was 

adopted by the Albuquerque-Bernalillo County Air Quality Control Board (Air 

Board) and is submitted to fulfill Bernalillo County's requirements under Sections 

110(a)(1) and (2) of the Clean Air Act (CAA). Pursuant to Sections 110(a)(1) and 

110(a)(2) of the CAA, each state is required to submit a plan for the implementation, 

maintenance, and enforcement of any newly promulgated or revised National 

Ambient Air Quality Standard (NAAQS) within three years of the promulgation of 

such a standard by the United States Environmental Protection Agency (EPA). The 

revised NAAQS for lead (Pb) was signed by the Administrator on October 15, 2008, 

therefore, the deadline for submittal of infrastructure SIPs for the 2008 Pb NAAQS 

would be October 15, 2011. 

The Air Quality Division of the City of Albuquerque's Environmental Health 

Department, as agent for the Air Board, has evaluated the existing SIP, and finds that 

the Albuquerque-Bernalillo County portion of the SIP satisfies the necessary Section 

110 (a) (I) and (2) requirements for the 2008 Lead NAAQS. 

The Air Board adopted its Lead NAAQS Infrastructure SIP at its regular monthly 

meeting following a public hearing held on January 11, 2012. The public hearing was 

held in accordance with the public notice and State laws and constitution and the 

Albuquerque- Mttking History 1706-2006 
public hearing requirements of 40 CFR 51.102. The submitted materials provide 

adequate documentation to support the requested SIP revision. 

Tf you agree to the submission of the proposed SIP revision, a letter of transmittal 

should be sent to the EPA with a request for approval by way of publication in the 

Federal RegiJter. A draft formal letter to EPA is attached for your convenience. Please 

provide me with a copy of your letter of transmittal. Once received, the 

Albuquerque Environmental Health Department will provide EPA with review 

copies of the submittaL 

Thank you for your assistance in this matter. If you have questions or need 

clarification, please contact me or Margaret Nieto of my staff at (505) 768-2637. 

Sincerely, 

~!.! Director 

Albuquerque Environmental Health Department 

cc: Dr. Margaret Menache, Chair, 

Albuquerque - Bernalillo County Air Quality Control Board 

Bill Westmoreland, Deputy Director, 

Albuquerque Environmental Health Department 

Margaret Nieto, Control Strategies Supervisor, Air Quality Division, EHD 

F. David Martin, Cabinet Secretary, NM Environment Department 

Mary Rose, Manager, Environmental Protection Division, 

NM Environment Department 

Richard Goodyear, Acting Chief, Air Quality Bureau, NMED 

Enclosures 

2 
Page 1 of 4 

Revision to the New Mexico State Implementation Plan (SIP) Through Incorporation of a 

Lead NAAQS Infrastructure SIP 

January, 2012 

SIP COMPLETENESS CHECKLIST 

For regular processing 

(Per 40 CFR 51 Appendix V) 

2.1 Administrative Materials 

(a) A formal letter of submittal from the Governor or designee, requesting 

EPA approval of the plan or revision thereof (hereafter “the plan”). 

 X YES ____NO _____N/A 

The package is being sent to EPA with a formal submittal letter 

from the Governor of the State of New Mexico.

(b) Evidence that the State has adopted the plan in the State code or body of 

regulations; or issued the permit, order, consent agreement (hereafter 

“document”) in final form. That evidence shall include the date of 

adoption or final issuance as well as the effective date of the plan, if 

different from the adoption/issuance date. 

 X YES ____NO ____N/A 

The Albuquerque-Bernalillo County Air Quality Control Board (Air 

Board) adopted the Infrastructure SIP to address requirements of Section 

110(a)(2)(A)-(M) of the Clean Air Act to implement the 2008 Lead NAAQS 

on January 11, 2012 after a public comment period and corresponding 

public hearing held on the same evening. 

Attachment A contains a copy of the adopted Lead Infrastructure 

SIP, signed by the Board Chair. 

(c) Evidence that the State has the necessary legal authority under State law to 

adopt and implement the plan. 

 X YES _____NO _____N/A 

The New Mexico Air Quality Control Act provides for regulation at 

74-2-5.1 NMSA 1978, Duties and powers of the department and the local 

agency; and for plan revisions at 74-2-5.2 NMSA 1978, State air 
Page 2 of 4 

pollution control agency; specific duties and powers of the department. 

See: 

http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-hit-h.htm&2.0 

(d) A copy of the actual regulation, or document submitted for approval and 

incorporation by reference into the plan, including indication of the 

changes made (such as redline/strikethrough) to the existing approved 

plan, where applicable. The submittal shall be a copy of the official State 

regulation/document signed, stamped, dated by the appropriate State 

official indicating that it is fully enforceable by the State. The effective 

date of the regulation/document shall, whenever possible, be indicated in 

the document itself. If the State submits an electronic copy, it must be an 

exact duplicate of the hard copy with changes indicated, signed documents 

need to be in portable document format, rules need to be in text format and 

files need to be submitted in manageable amounts (i.e. a file for each 

section or chapter, depending upon size, and separate files for each distinct 

document) unless otherwise agreed to by the State and Regional Office. 

 YES ____NO __X__N/A 

(e) Evidence that the State followed all of the procedural requirements of the 

State’s laws and constitution in conducting and completing the 

adoption/issuance of the plan. 

 X YES ____NO ____N/A 

See the New Mexico Air Quality Control Act 

http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-hith.htm&2.0 

(f) Evidence that public notice was given of the proposed change consistent 

with procedures approved by EPA; including the date of publication of 

such notice. 

 X YES _____NO _____N/A 

See AQD Exhibits #2a, 2b and 2c, in Attachment B. These provide 

evidence that notices were published in the local newspaper and the New 

Mexico Register. In addition, notice was also provided in the form of an 

e-mail sent to the air quality listserve. The New Mexico Air Quality 

Control Act at 74-2-6C NMSA 1978, Adoption of regulations; notice and 

hearings requires a 30-day notice.
Page 3 of 4 

(g) Certification that a public hearing was held in accordance with the 

information provided in the public notice and the State's laws and 

constitution, if applicable and consistent with the public hearing 

requirements in 40 CFR 51.102. 

 X YES _____NO _____N/A 

The opening statement for the January 11, 2012, public hearing 

includes information on the notice of public hearing and instructions on 

how the hearing will be conducted. See certified hearing record transcript 

in Attachment C.

(h) Compilation of public comments and the State's response thereto. 

 X YES ____NO _____N/A 

See AQD Exhibit 3 in Attachment B. Staff received no public comments, 

but comments were received by EPA and responded to accordingly by 

staff. 

2.2 Technical Support 

(a) Identification of all regulated pollutants affected by the plan. 

 X YES ____NO _____N/A 

This plan applies to ambient levels of Lead. 

(b) Identification of the locations of affected sources including the EPA attainment/ 

nonattainment designation of the locations and the status of the attainment plan for the 

affected area(s). 

 X YES ____NO _____N/A 

Bernalillo County is currently designated as an attainment area for CO under a 

Limited Maintenance Plan (LMP). This designation was published in the Federal 

Register on July 21, 2005 [Vol. 70, No. 139]. 

(c) Quantification of the changes in plan-allowable emissions from the affected sources; 

estimates of changes in current actual emissions from affected sources or, where 

appropriate, quantification of changes in actual emissions from affected sources through 

calculations of the differences between certain baseline levels and allowable emissions 

anticipated as a result of the revision. 

_____YES _____NO X N/A 
Page 4 of 4 

(d) The State's demonstration that the national ambient air quality standards, prevention of 

significant deterioration increments, reasonable further progress demonstration, and 

visibility, as applicable, are protected if the plan is approved and implemented. For all 

requests to redesignate an area to attainment for a national primary ambient air quality 

standard, under Section 107 of the Act, a revision must be submitted to provide for the 

maintenance of the national primary ambient air quality standards for at least 10 years 

as required by Section 175A of the Act. 

 X YES _____NO _____N/A 

Plan mirrors Federal guidance language, and does not reduce stringency. 

(e) Modeling information required to support the proposed revision, including input data, 

output data, models used, justification of model selections, ambient monitoring data 

used, meteorological data used, justification for use of offsite data (where used), modes 

of models used, assumptions, and other information relevant to the determination of 

adequacy of the modeling analysis. 

_____YES ____NO X N/A 

(f) Evidence, where necessary, that emission limitations are based on continuous emission 

reduction technology. 

___YES _____NO X N/A 

(g) Evidence that the plan contains emission limitations, work practice standards and record 

keeping/reporting requirements, where necessary, to ensure emission levels. 

__X___YES _____NO N/A 

See Plan 

(h) Compliance/enforcement strategies, including how compliance will be determined in 

practice. 

___X__YES ___NO N/A 

See Plan 

(i) Special economic and technical justification required by any applicable EPA policies, or 

an explanation of why such justifications are not necessary. 

___YES ___ NO X N/A 
Attachment A. 

Copy of Lead NAAQS Infrastructure SIP, adopted January 11, 2012, 

signed by the Board Chair. 
ALBUQUERQUE-BERNALILLO COUNTY 

AIR QUALITY CONTROL BOARD 

State Implementation Plan for Air Quality 

(SIP) 

To Address Infrastructure Requirements 

of Section 11 O(a)(2)(A)-(M) of the Clean 

Air Act To Implement the 2008 Lead 

NAAQS 

"Infrastructure SIP" 

Adopted 

January 11, 2012 

Dr. r ret enache, Chair 

Albuquerque-Bernalil County Air Quality Control Board 
ACKNOWLEDGEMENTS IN THE PREPARATION OF THIS DOCUMENT 

Neal Butt, Environmental Health Scientist 

Control Strategies Section, Air Quality Division (AQD) 

Principal Author, Editor, SIP Submittal 

Margaret Nieto, Control Strategies Supervisor, AQD 

Project Oversight 

Air Quality Assurance Section 

Monitoring Program Information 

Regulatory Development Committee, AQD 

Peer Review 

Thanks to New Mexico Environment Department, Air Quality Bureau; for sharing their 

Infrastructure SIP and comments received by EPA. 
Executive Summary 

A State Implementation Plan (SIP) identifies how the state will attain and maintain the primary 

and secondary National Ambient Air Quality Standards (NAAQS). The SIP contains 

regulations, source-speci fie requirements, non-regulatory items such as plans and inventories, 

and in some cases additional requirements promulgated by the U.S. Environmental Protection 

Agency (EPA). The initial SIPs for states were approved by EPA on May 31, 1972 [FR Vol. 37, 

No. I 05, pp. I 0842-1 0906]. A state may revise its SIP with EPA approval as necessary. The 

federally enforceable SIP for New Mexico (including Bernalillo County) is compiled in 40 CFR 

Part 52 Subpart GG. 

The following SIP matrix outlines the requirements of Sections IIO(a)(2)(A) through (M) of the 

federal Clean Air Act (CAA) [codified at U.S. Code: Title 42, Chapter 85, Subchapter I, Part A, 

§7410, State Implementation Plans For National Primary And Secondary Ambient Air Quality 

Standards] and addresses how Albuquerque-Bernalillo County, New Mexico will implement, 

maintain and enforce the 2008 lead NAAQS. 

Legislative authority for Albuquerque-Bernalillo County's air quality program is codified in 

Chapter 74 Environmental Improvement Article 2, Air Pollution, of the New Mexico Statutes, 

which gives the Albuquerque-Bernalillo County Air Quality Control Board (Air Board) and the 

Albuquerque Environmental Health Department's Air Quality Division (AQD) the authority to 

implement the CAA in New Mexico. The City of Albuquerque and Bernalillo County adopted 

parallel ordinances by which they accepted the authority delegated by the Air Act, established 

. the Air Board, and specified that the board shall adopt regulations consistent with the Air Act 

and adopt a plan for the regulation, control, prevention or abatement of air pollution. 

The regulatory authority to implement CAA programs is contained in the New Mexico 

Administrative Code (NMAC), specifically Title 20, Environmental Protection, Chapter II, 

Albuquerque-Bernalillo County Air Quality Control Board. The regulations codified at 

20.l!.XX NMAC are part of the approved Albuquerque-Bernalillo County, New Mexico SIP 

and are cited in 40 CFR § 52.1620(c) unless otherwise stated. 

Those requirements of CAA § II O(a)(2) that are in the approved SIP or recently submitted SIP 

revisions relate to enforceable emission limits and schedules for compliance; monitoring, source 

testing and emissions reporting; recordkeeping and reporting requirements; and permit fees. 

Some requirements, such as intergovernmental consultation, air quality modeling, and 

compliance with Part D of Title I of the CAA, are fulfilled during the development and 

submission to EPA as a SIP revision of attainment plans. 
§ II 0( a) Element 

§ IIO(a)(2) 

§ IIO(a)(2)(A) 

Emission Limits & 

Other Control 

Measures 

Albuquerque-Bernalillo County, New Mexico 

§110(a)(2) SIP Requirements for the Lead NAAQS 

Summary of Element Provisions in the Current SIP 

Requirements 

Each implementation plan 

submitted by a State under 

this Chapter shall be 

adopted by the State after 

reasonable notice and 

public hearing. Each such 

plan shallinclude enforceable 

emission limitations and Albuquerque-Bernalillo County's enforceable emission 

other control measures, limitations and other control measures are authorized by the 

means, or techniques New Mexico Air Quality Control Act (Air Act) and those 

(including economic provisions of New Mexico Administrative Code (NMAC) 

incentives such as fees, Title 20, Environment Protection, Chapter II, Albuquerquemarketable permits, and Bernalillo County Air Quality Control Board. 

auctions or emissions 

rights), as well as Enacted in 1967, the Air Act [NM STAT ANN§§ 74-2-1 

schedules and timetables through 74-2-17] allowed for the establishment of the 

for compliance, as may be Albuquerque-Bernalillo County Air Quality Control Board 

necessary or appropriate to (Air Board) as a local board and gave it authority to 

meet the applicable admiuister and enforce its air quality regulations within the 

requirements of this Bernalillo County boundaries. 

Chapter. 

The City of Albuquerque and Bernalillo County adopted 

parallel ordinances by which they accepted the authority 

delegated by the Air Act, established the Air Board, and 

specified that the board shall adopt regulations consistent 

with the Air Act and adopt a plan for the regulation, control, 

prevention or abatement of air pollution. 

The regulations authorized by Chapter 74-Environmental 

Improvement Article 2, Air Pollution, -- of the New Mexico 

Statutes Annotated [NMSA 1978] are duly adopted by the Air 

Board. 

Where these provisions relate to Clean Air Act (CAA) 

Section II 0 requirements, SIP revisions have been submitted 

to and approved by EPA [codified at 40 CFR Part 52, Subpart 

GG]. The City of Albuquerque's Air Quality Division 

(AQD) has an EPA-approved air permitting program for both 

major and minor sources, which ensures that all applicable 

requirements are included in the source's pennit. 

AQD has determined that no reductions in lead emissions are 

required for maintenance of the 2008 lead NAAQS. 

AQD does not exempt from enforcement excess emissions 

that occur during start-up, shutdown, maintenance, or 

malfunction. Emissions in excess of permit or regulatory 

limits are oresumotivelv violations, subiect to affirmative 

Lead Infrastructure SIP- Adopted January II, 2012 

Page 2 of8 
§ IIO(a)(2)(B) 

§ IIO(a)(2)(C) 

§ IIO(a)(2)(D) 

Interstate Transport 

defenses with the burden of proof on the respondent. See 

20.11.49 NMAC, Excess Emissions. 

provide for establishment AQD maintains a monitoring network for the NAAQS and 

and operation of submits an annual Network Assessment to EPA which 

appropriate devices, describes how it has complied with monitoring requirements 

methods, systems, and and explains any proposed changes. 

procedures necessary to-

(i) monitor, compile, and AQD is not required to operate any source-oriented lead 

analyze data on ambient air samplers because there are no 0.5 TPY or larger sources of 

quality; and lead in New Mexico (including Bernalillo County). However 

(ii) upon request, make AQD is required to perform non-source-oriented lead 

such data available to the monitoring, due to the presence of a CBSA (Core Based 

Administrator. Statistical Area) with a population of more than 500,000 

people, within Bernalillo County (i.e. Albuquerque). This 

sampler is scheduled to begin operation by December 27, 

20 II. Ambient levels oflead will be evaluated using an 

EPA-approved Federal Reference Method Sampler and an 

EPA-approved Federal Equivalent Method for detection All 

samplers are subjected to the quality assurance requirements 

of 40 CFR Part 58, Appendix A, and located at AQS Site 

Number 35-001-0023, Del Norte NCore Site which meets the 

minimum siting requirements of Part 58, Appendix E. Data 

will be submitted to EPA's Air Quality System (AQS) system 

in accordance with the schedule prescribed by 40 CFR Part 

58. 

include a program to AQD has established regulations governing the enforcement 

provide for enforcement of of control measures, including attainment plans and 

the measures in § permitting programs that regulate construction and 

JJO(a)(2)(A), and modification of stationary sources. See 20.11.41 NMAC, 

regulation of the 20.11.60 NMAC and 20.11.61 NMAC. AQD's Prevention of 

modification and Significant Deterioration (PSD) program applies to sources 

construction of any that emit greenhouse gases in accordance with EPA's 

stationary source within the tailoring rule. See 20.11.61.7.CCC NMAC. 

areas covered by the plan 

as necessary to assure that 

NAAQS are achieved, 

including a permit program 

as required in Parts C and 

D of this Subchapter. 

contain adequate Bernalillo County currently does not have any lead 

provisions- nonattainment areas nor is the county in close proximity to 

(i) prohibiting any any other lead nonattainment areas. The closest lead 

source or other type of nonattairunent area to New Mexico is approximately 450 

emissions activity from miles from the New Mexico border ( 640 miles from 

emitting any air pollutant Albuquerque), in northern Texas, located in the County of 

in amounts which will: Collin, in the town of Frisco. 

(I) contribute 

significantly to New Mexico (including Bernalillo County) does not have any 

nonattainment in, or major sources of lead. Total point source emissions for lead 

interfere with in New Mexico equal less than 0.5 tons per year (TPY) and 

maintenance by, any less than 0.05 TPY for area source emissions (based on the 

other State with respect 2005 National Emission Inventory). 

to any such national 

primary or secondary Due to the limited amount of point and area source lead 

ambient air quality emissions in New Mexico (including Bernalillo County) and 

standard, or the lack of lead nonattainment areas in New Mexico 

Lead Infrastructure SIP- Adopted January II, 2012 

Page 3 of8 
§ JIO(a)(2)(E)(i) 

(II) interfere with (including Bernalillo County) or within close proximity, 

measures required to be AQD has concluded that lead emissions from Bernalillo 

included in the County: 

applicable 1) Do not significantly contribute to nonattainment in or 

implementation plan for interfere with maintenance for any other state With regards to 

any other State under the lead NAAQS; 

Part C of this 2) Do not interfere with the measures required to implement 

Subchapter to prevent prevention of significant deterioration or for the protection of 

significant deterioration visibility in any other state; and 

of air quality or to 3) Do not preclude the state from insuring compliance with 

protect visibility, CAA Section§ 126 and 115. 

(ii) insuring compliance 

with the applicable Consistent with 40 CFR 166(q)(2)(iv), Albuquerquerequirements of CAA Bernalillo County's PSD program requires AQD to notify 

Sections § 126 and 115 potentially affected states, tribes, and federal land managers 

[Sections 7426 & 7415 of of its intent to approve or disapprove a PSD permit 

this Title] (relating to application. 20.11.61.21 NMAC. 

interstate and international 

pollution abatement). 

Provide: New Mexico Statute§ 74-2-5 "Duties and powers; 

(i) necessary assurances environmental improvement board; local board" gives the Air 

that the State (or, except Board authority to develop, implement and enforce the SIP. 

where the administrator 

deems inappropriate, the § 74-2-5 provides the Air Board adequate legal authority to 

general purpose local adopt emission standards and compliance schedules 

government or applicable to regulated entities, and to adopt emission 

governments, or a regional standards and limitations and any other measures necessary 

agency designated by the for attainment and maintenance of national standards. 

State or general purpose 

local governments for such § 74-2-5 also provides the Air Board adequate legal authority 

purpose) will have to enforce applicable laws, regulations, standards, and 

adequate personnel, compliance schedules, and seek injunctive relief. In addition, 

funding, and authority § 74-2-5.1 provides the department legal authority to enforce 

under State (and, as applicable laws, regulations, standards, and compliance 

appropriate, local) law to schedules. 

carry out such 

implementation plan (and The resources to carry out the implementation plan are 

is not prohibited by any provided through General Funds, Permit Fees, and the CAA 

provision of Federal or § § 105 grant process. Permit fees are collected under the 

State law from carrying out authority of§ 74-2-7. 

such implementation plan 

or portion thereof), No organizations outside of AQD will participate in 

implementing or enforcing this SIP. AQD has adequate 

personnel to implement the SIP with respect to lead 

requirements. Should EPA determine that AQD lacks 

adequate personnel to carry out the SIP, EPA may issue a 

finding with respect to that deficiency, which AQD would 

have a legal obligation to correct. 

AQD anticipates the need for additional resources to 

implement the plan for the lead standard beyond those which 

have been utilized for the preparation of the plan and plan 

revisions submitted to EPA and other current programmatic 

demands (e.g. EPA subcontractor for Performance Evaluation 

Program (PEP)(3rd party auditing); sampling equipment; 

laboratory analysis, etc.). 

Lead Infrastructure SIP- Adopted January II, 2012 

Page4 of8 
§ IIO(a)(2)(E)(ii) 

§ IIO(a)(2)(E) 

(iii) 

§IIO(a)(2)(F) 

Stationary Source 

Monitoring System 

(ii) requirements that the NMSA 1978 § 74-1-4 provides that the Air Board contain at 

State comply with the least a majority of members who represent the public interest 

requirements respecting and do not derive any significant portion of their income from 

State boards under CAA persons subject to or who appear before the board on issues 

Section 128 [Section 7428 related to the CAA or Air Act. Board members are required 

of this Title}, and to recuse themselves from rule-makings in which their 

impartiality may reasonably be questioned [20.11.82.14 

NMAC]. 

(iii) necessary assurances Albuquerque-Bernalillo County is authorized to carry out all 

that, where the State has portions of New Mexico's SIP within Bernalillo County [See 

relied on a local or § 74-2-4]. NMED and the state Environmentallmprovement 

regional government, Board retain oversight authority in the event the local 

agency, or instrumentality authority fails to act[§ 74-2-4 (D)]. 

for the implementation of 

any plan provision, the 

State has responsibility for 

ensuring adequate 

implementation of such 

plan provision. 

require, as may be Regulatory requirements have been codified at 20.11.41 

prescribed by the NMAC, Authority to Construct, 20.11.42 NMAC Operating 

Administrator: Permits, 20.11.60 NMAC, Permitting in Nonattainment 

(i} the installation, Areas (pertaining to sampling and testing) and 20.11.49 

maintenance, and NMAC, Excess Emissions. 

replacement of equipment, 

and the implementation of Requirements in 20.11.47 NMAC, Emission Inventory 

other necessary steps by Requirements provide for the reporting of emissions 

owners or operators of inventories in a format established by AQD on a schedule 

stationary sources to prescribed by the regulation. 

monitor emissions from 

such sources, Albuquerque-Bernalillo County's enforceable emission 

(ii} periodic reports on limitations and other control measUres are addressed in the 

the nature and amounts of Air Act and those provisions of Chapter II of New Mexico's 

emissions and emissions- Administrative Code Title 20. 

related data from such 

sources, and 20.11.90 NMAC, Source Surveillance; Administration and 

(iii) correlation of such Enforcement, establishes the general requirements for 

reports by the State agency maintaining records and reporting emissions, including record 

with any emission keeping, data submissions, and public access to emissions 

limitations or standards data. 

established pursuant to this 

Act [Chapter}, which [See also: NMSA 74-2-7(D)(l)(a) & (2) -"The department or 

reports shall be available the local agency may specify conditions to any permit granted 

at reasonable times for under this section, including: (I) for a construction permit: (a) 

public inspection; a requirement that such source install and operate control 

technology, determined on a case-by-case basis, sufficient to 

meet the standards, rules and requirements of the Air Quality 

Control Act and the federal act.. .. (2) for an operating permit, 

terms and conditions sufficient to ensure compliance with the 

applicable standards, rules and requirements pursuant to the 

Air Quality Control Act and the federal act."; NMSA 74-2-

II, Confidential Information; NMSA 74-2-13, Inspection; 

and The Inspection Of Public Records Act, NMSA 1978, 

Chapter 14, Article 2 .] 

Lead Infrastructure SIP- Adopted January II, 2012 

Page 5 of8 
§IIO(a)(2)(G) 

Emergency Power 

§IIO(a)(2)(H) 

§II O(a)(2)(I) 

Nonattainment Area 

Plan Requirements 

§IIO(a)(2)(J) 

PSD 

provide for authority Pursuant to 40 CFR 51, Subpart H, Prevention of Air 

comparable to that in CAA Pollution Emergency Episodes, On January 26, 1989, the Air 

Section 303 [Section 7603 Board adopted the Air Pollution Episode Contingency Plan 

of this Title] and adequate for Bernalillo County [8121191, 56 FR 38074; 40 CFR 

contingency plans to 52.1639, Prevention of Air Pollution Emergency Episodes], 

implement such authority. that covers air pollution episodes and the occurrence of an 

emergency due to the effects of the pollutants on the health of 

persons. 

provide for revision of such Albuquerque-Bernalillo County's SIP is a compilation of 

plan: regulations, plans, and submittals that act to improve and 

(i) from time to time as may maintain air quality in accordance with national standards. 

be necessary to take The authority to develop or revise the SIP is based on the 

account of revisions of such authority to adopt new regulations, revise existing 

national primary or regulations, to meet the NAAQS. NMSA 1978 § 74-7-5 

secondary ambient air gives the board authority to perform these functions. § 74-7-

quality standard or the 5 also provides the board the authority to adopt regulations to 

availability of improved or abate, control, and prohibit air pollution throughout Bernalillo 

more expeditious methods County in accordance with the provisions of State Rules Act 

of attaining such standard, [Chapter 14, Article 4, NMSA 1978]. Nothing in New 

and Mexico's statutory or regulatory authority prohibits 

(ii} except as provided in Albuquerque-Bernalillo County from revising the SIP in the 

Paragraph (3)(C), event of a revision to the NAAQS. 

whenever the Administrator 

.finds on the basis of 

information available to the 

Administrator that the plan 

is substantially inadequate 

to attain the NAAQS which 

it implements, or to 

otherwise comply with any 

additional requirements 

established under this Act 

[Chavter]. 

in the case of a plan or Compliance with the lead standard will be evaluated using 

plan revision for an area Air Monitoring FRM Quality Assurance Lead Data submitted 

designated as a with SIP revisions for any future nonattainment areas. SIP 

nonattainment area, meet revisions related to nonattainment areas will comply with 

the applicable requirements Subpart D requirements, as applicable. The currently 

of Part D of this approved nonattainment area SIP provisions listed in 40 CFR 

Subchapter (relating to § 52, Subpart GG also meet Subpart D requirements. 

nonattainment areas); 

meet the applicable All SIP revisions undergo public notice and hearing, which 

requirements of CAA § 121 provides for comment by the public, including local political 

[Section 7421 of this Title] subdivisions. 20.11.82 NMAC, Rulemaking Procedures- Air 

(relating to consultation), Quality Control Board, stipulates notice requirements for rule 

CAA Section 127 [Section making, and is used a guide for notice requirements when 

7427 of this Title] (relating adopting SIPs. 

to public notification), and 

Part C of this Subchapter Air quality data from AQD's monitoring network is available 

(relating to prevention of to the public via EPA's website at: 

significant deterioration of h!!ll://www.e~a.gov/air/data/geosel.html. Additionally, as 

air quality and visibility part of the I 05 grant process AQD is required to submit 

protection); monitoring data to the Air Quality System (AQS) 90 days 

after the end of a quarter. Data can also be retrieved via a 

link through the AQD website: 

hrtn://www.cabn.aov/airnualitv/airnualitvmonitorin2data.html 

Lead Infrastmeture SIP - Adopted January II, 2012 

Page 6 of8 
§ 11 O(a)(2)(K) 

Air Quality 

Modeling I Data 

§110(a)(2)(L) 

Permitting Fees 

which also contains information on the air quality index, and 

on ways the public can participate in regulatory and planning 

efforts. 

The Air Board has adopted 20.11.61 NMAC- Prevention of 

Significant Deterioration following the requirements outlined 

in40 CFR 52 under Section 161 of the CAA [42 U.S.C.A. § 

7471] for prevention of significant deterioration. These 

provisions were approved by EPA as part of the SIP, effective 

5/29/07. [40 CFR 52.1634]. 

20.11.61 NMAC includes procedures for protection of 

visibility in Class I areas. 

AQD submitted Albuquerque-Bernalillo County's Second 

Amended Regional Haze SIP to EPA in August, 20 II. This 

submittal will provide further visibility protection and 

improvements to federal Class I areas. 

provide for: AQD has the authority and technical capability to conduct air 

(i) the performance of such quality modeling in order to assess the effect on ambient air 

air quality modeling as the quality of relevant pollutant emissions; and can provide 

Administrator may relevant data as part of the permitting and NAAQS 

prescribe for the purpose of implementation processes. AQD follows EPA guidelines for 

predicting the effect on air dispersion modeling. 

ambient air quality of any 

emissions of any air Upon request, AQD will submit current and future data 

pollutant for which the relating to such air quality modeling to EPA. 

Administrator has 

established a NAAQS, and EPA anticipates that the predominant type of air quality 

(ii) the submission, upon modeling to be conducted with respect to implementing the 

request, of data related to Pb NAAQS will be source-oriented dispersion modeling with 

such air quality modeling models such as AERMOD. 

to the Administrator; 

require the owner or The fee requirements of 20.11.2 NMAC, Fees were approved 

operator of each major by EPA as meeting the CAA requirements and were 

stationary source to pay to incorporated into the New Mexico SIP [Bernalillo County, 

the permitting authority, as 4/10/80,45 FR 24468]. Albuquerque-Bernalillo County's 

a condition of any permit Title V operating permit program codified at 20.11.42 

required under this Act NMAC, Operating Permits, was approved by EPA on 9/8/04 

[Chapter}, a fee sufficient [FR Vol. 69, No. 173, pp. 54244-47, effective 11/8/04] 

to cover-

(i) the reasonable costs of 

reviewing and acting upon 

any application for such a 

permit, and 

(ii) if the owner or 

operator receives a permit 

for such source, the 

reasonable costs of 

implementing and 

enforcing the terms and 

conditions of any such 

permit (not including any 

court costs or other costs 

associated with any 

Lead Infrastructure SIP- Adopted January II, 2012 

Page 7 of8 
§ IIO(a)(2)(M) 

enforcement action), 

until such fee requirement 

is superseded with respect 

to such sources by the 

Administrator's approval of 

a fee program under Title V 

[Subchapter V of this 

Chapter]; 

provide for consultation New Mexico State Statute§ 74-2-5.2 State Air Pollution 

and patticipation by local Control Agency; Specific Duties And Powers Of The 

political subdivisions Department, states that: "The department is the state air 

affected by the plan. pollution control agency for all purposes under federal 

legislation relating to pollution. The department shall: 

A. take all action necessary to secure for the state and its 

political subdivisions the benefits of federal legislation; 

B. advise, consult, contract with and cooperate with local 

authorities, other states, the federal government and other 

interested persons or groups in regard to matters of common 

interest in the field of air quality control and initiate 

cooperative action between a local authority and the 

department, between one local authority and another or 

among any combination oflocal authorities and the 

department for control of air pollution in areas having related 

air pollution problems that overlap the boundaries of political 

subdivisions; and 

C. enter into agreements and compacts with adjoining states 

and Indian tribes, where appropriate." 

Albuquerque-Bernalillo County's public participation 

requirements and procedures fulfill the requirements for 

consultation with local political subdivisions affected by the 

SIP. 

Lead Infrastructure SIP- Adopted January II, 2012 

Page 8 of8 
Attachment B 

Copy of Exhibits submitted at January 11, 2012 Air Board hearing 
i<r~; i\, C.lJ 

BEFORE THE ALBUQUERQUE-BERNALILLO qm.llfif~j;~:H,\L fiE f\l.TH 

AIR QUALITY CONTROL BOARD 

II OEC 2 2 U!JO: r 3 

IN THE MATTER OF THE PETITION TO ADOPT A STATE IMPLEMENTATION 

PLAN (SIP) FOR LEAD TO ADDRESS SECTIONS llO(a)(l) AND (2) OF THE 

FEDERAL CLEAN AIR ACT (CAA), 42 U.S.C. § 7410(a)(l) AND (2) HEREAFTER 

REFERRED TO AS THE "LEAD INFRASTRUCTURE SIP" 

Air Quality Division, 

Environmental Health Department, 

City of Albuquerque, Petitioner 

AQCB Petition No. 2011-6 

CITY OF ALBUQUERQUE'S NOTICE OF INTENT TO PRESENT TECHNICAL 

TESTIMONY 

Pursuant to 20.11.82 NMAC, Rulemaking Procedures- Air Quality Control Board, the 

Air Quality Division ("the Division") of the City of Albuquerque's Environmental Health 

Department, hereby submits its Notice of Intent (NO I) to present technical testimony in this 

proceeding. 

1. The person for whom the witness will testify. 

City of Albuquerque Environmental Health Department, Air Quality Division 

2. The name and qualifications of each technical witness. 

Neal T. Butt Environmental Health Scientist, Control Strategies Section, Air Quality 

Division. M.S. Biology (Wildlife Biology), University of North Dakota; B.S. Biology 

(Zoology), University of New Mexico; A.A.S. Criminal Justice, Central New Mexico 

Community College; A.A.S. Environmental Protection Technology, CNM; WERC Waste 

Management Certificate, UNM Chemical & Nuclear Engineering Department. Employed by the 

City of Albuquerque's Environmental Health Department for 14 +years; the last 10 of which 

Notice of Intent Page 1 of 6 
have been with the Air Quality Division. Chief responsibility is the promulgation of air quality 

regulations for implementation within the County of Bernalillo. · 

Ken Lienemann. Air Monitoring Supervisor, Air Quality Division. M.S. Remote 

Sensing, University of Tennessee and B.S. Mechanical Engineering, University of Nebraska. 

Employed by the City of Albuquerque's Environmental Health Department, Air Quality Division 

for 5 +years. Previously employed by the State of New Mexico's, Air Quality Bureau Control 

Strategies (200 1-2006). Oversees operation of the Bernalillo Co. Ambient Air Monitoring 

Network to ensure that equipment produces requisite data quantity and quality. Interprets 

Bernalillo County air data in the context of local conditions and EPA national standards. 

Dario Rocha. Supervisor, Permitting and Technical Analysis Section, Air Quality 

Division. B.S. Mechanical Engineering, New Mexico State University. Employed by the City 

of Albuquerque's Environmental Health Department, Air Quality Division for 9 +years. 

Previously employed by the State of New Mexico, Air Quality Bureau (1997-2000). Chief 

responsibility is to supervise Permitting and Technical Analysis Section. 

3. Summary and Estimated Duration of Testimony 

Mr. Butt's written testimony is attached as AQD Exhibit# 5. Mr. Butt will testify that 

the Lead NAAQS Infrastructure SIP should be adopted and be submitted to EPA, as revision to 

the SIP. The Division is petitioning the Board to adopt the Lead NAAQS Infrastructure SIP, for 

the following reasons: 

Notice oflntent Page 2 of 6 
A. The New Mexico Air Quality Control Act (Air Act), NMSA 1978, Sections 74-2-4 

and 74-2-5.B(l) [1967 as amended through 2007] authorizes and requires the Air Board to adopt, 

amend, or replace air quality regulations and to adopt air quality plans ("SIP"s) under NMSA 

1978, Section 74-2-5.B(2). 

B. On October 15, 2008, the Administrator of the EPA revised the primary and 

secondary Lead (Pb) NAAQS from 1.5 micrograms per cubic meter (J.tg/m3) to 0.15 J.tg/m3 

[Federal Register November 12,2008, Vol. 73, No. 219, pp. 66964-67062], effective January 12, 

2009. Pursuant to Sections IIO(a)(l) and IIO(a)(2) of the CAA, each State is required to submit 

a plan to provide for the implementation, maintenance, and enforcement of a newly promulgated 

or revised NAAQS within 3 years of promulgation of a new or revised standard. Therefore, this 

plan or "Infrastructure SIP" addressing the requirements of Sections II O(a)(2)(A)--(M) of the 

CAA was due October 15,2011. Section IIO(a)(l) of the CAA specifically addresses the timing 

requirement for the submissions of any "Infrastructure SIP" revisions, while Section II O(a)(2) of 

the CAA delineates the required elements that comprise the "Infrastructure SIP". This 

"Infrastructure SIP" is a compilation of elements that demonstrates how Albuquerque-Bernalillo 

County will implement, maintain and enforce the revised lead NAAQS, including: enforceable 

emission limitations and control measures, air quality monitoring and modeling, a permitting 

program, adequate funding and personnel, authority under state law to carry out the plan, emissions 

reporting, emergency powers, public participation, and fee collection. 

C. It is anticipated that the hearing will take approximately I hour or less. 

4. Text of Recommended Revisions to the New Mexico State Implementation Plan 

Notice of Intent Page 3 of 6 
The Division recommends adoption of the proposed Lead NAAQS Infrastructure SIP; as 

proposed in the Public Review Draft shown as AQD Exhibit Ia; as amended by Staff Proposed 

Floor Amendments shown as AQD Exhibit #7. 

5. List and Description of Exhibits 

The Division has attached the following exhibits to this Notice of Intent: 

Exhibit Number 

AQD Exhibit I 

AQD Exhibit Ia 

Title of Exhibit 

Petition to adopt a State Implementation Plan (SIP) for Lead to address 

Sections IIO(a)(l) and (2) of the federal Clean Air Act (CAA), 42 U.S.C. 

§ 7410(a)(l) and (2) hereafter referred to as the "Lead Infrastructure SIP", 

filed on October 14, 20 II 

Public Review Draft {attached to AQD Exhibit I} showing proposed 

"Lead Infrastructure SIP" 

AQD Exhibits 2 alb/c Notice of Proposed Rulemaking: Including the legal advertisement of this 

hearing in the Albuquerque Journal {2a}; the New Mexico Register {2b}; 

and the Air Quality Announce List Serve {2c} 

AQD Exhibit 3 Comments, received from EPA, October 19, 2011 

AQD Exhibit 4 U.S. EPA, Fact Sheet Final Revisions to the NAAQS for Lead, 2008 

AQD Exhibit 5 Direct Testimony by Neal Butt, Air Quality Division 

Notice oflntent Page 4 of 6 
AQD Exhibit 6 

AQD Exhibit 7 

AQD Exhibit 8 

AQD Exhibit 9 

Guidance on Infrastructure State Implementation Plan (SIP) Elements 

Required Under Sections 110(a)(I) and 110(a)(2) for the 2008 Lead (Ph) 

National Ambient Air Quality Standards (NAAQS) 

Staff proposed floor amendments 

Draft Agenda, Air Quality Control Board, for January 11, 2012 meeting 

Draft Certification Letter From Governor to EPA 

6. Reservation of Rights 

This Notice of Intent to Present Technical Testimony is based on the Division's Petition 

t~ Amend. The Division reserves the right to call any person to testify and to present any exhibit 

in response to another notice of intent or public comment filed in this matter or to any testimony 

or exhibit offered at the public hearing. The Division also reserves the right to call any person as 

a rebuttal witness and to present any exhibit in support thereof. 

Notice oflntent Page 5 of 6 

Neal Butt 

Environmental Health Scientist 

Air Quality Division 

Environmental Health Department 

One Civic Plaza, NW, Suite 3023 

Albuquerque, New Mexico 87103 

(505) 768-2660 
CERTIFICATION 

I hereby certify that on December 22, 2011, an original and nine copies of this Notice of Intent to 

present technical testimony (NOI), with attached exhibits were delivered to the following person 

for filing. 

Margaret Nieto 

Secretary to the Air Quality Control Board I Environmental Health Supervisor, AQD 

Environmental Health Department 

One Civic Plaza, NW, Suite 3023 

Albuquerque, New Mexico 87103 

And that on December 22, 2011, a copy of this NOI with attached exhibits was sent to the 

Attorney for the Board, Bill Grantham, at the following e-mail address: 

Bill.grantham@state.nm. us 

Notice of Intent Page 6 of 6 

Neal Butt 

Environmental Health Scientist 

Air Quality Division 

Environmental Health Department 
) 

~AVERY RlAD IN 

AQD Exhibit# 1 Petition to adopt Lead 

Infrastructure SIP; #1 a Public Review 

Draft Lead Infrastructure SIP 

AQD Exhibits# 2 a/b/c Notice of 

Proposed Rulemaking: Abq. Journal 

{2a}; NM Register {2b}; AQ Announce 

List Serve {2c} 

AQD Exhibit# 3 Comments, received 

from EPA, October 19, 2011 

AQD Exhibit# 4 EPA, Fact Sheet Final 

Revisions to the NAAQS for Lead, 2008 

AQD Exhibit# 5 Direct Testimony by 

Neal Butt, Air Quality Division 

AQD Exhibit # 6 Guidance on 

Infrastructure SIP Elements Required 

Under Sections 11 O(a)(l) and 11 O(a)(2) 

for the 2008 Lead NAAQS 

AQD Exhibit# 7 Staff proposed floor 

amendments 

AQD Exhibit# 8 Draft Agenda, Air 

Quality Control Board, January 11, 

2012 

AQD Exhibit# 9 Draft Certification 

Letter From Governor to EPA 
' AQD EXHIBIT 

g 

I ~.EC:t.tVED 

ALBUQUERQUE-BERNALILLO cou;l;t~o~:~kf<T,\L HEALTH 

AIR QUALITY CONTROL BOARD I I QCT I': M1!1: 37 

IN THE MATTER OF THE PETITION TO ADOPT A STATE 

IMPLEMENTATION PLAN (SIP) FOR LEAD TO ADDRESS SECTIONS 

llO(a)(l) AND (2) OF THE FEDERAL CLEAN AIR ACT (CAA), 42 U.S.C. § 

7410(a)(l) AND (2) HEREAFTER REFERRED TO AS THE "LEAD 

INFRASTRUCTURE SIP" 

Air Quality Division, 

Environmental Health Department, 

City of Albuquerque, Petitioner 

AQCB Petition No. 2011-6 

Petition to adopt a State Implementation Plan (SIP) for Lead to address Sections 

llO(a)(l) and (2) of the federal Clean Air Act (CAA), 42 U.S.C. § 7410(a)(l) and (2) 

hereafter referred to as the "Lead Infrastructure SIP". 

I. The City of Albuquerque, by and through the Air Quality Division (AQD) of 

the Envirorunental Health Department, asks the Albuquerque - Bernalillo County Air 

Quality Control Board (Air Board) to adopt a State Implementation Plan (SIP) to address 

Sections IIO(a)(I) and (2) of the federal Clean Air Act (CAA), 42 U.S.C. § 7410(a)(I) 

and (2) hereafter referred to as the "Lead Infrastructure SIP". If adopted, this new SIP 

will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision to the 

current SIP. This Petition includes a request for a hearing on these matters and 

permission to provide a court reporter and hearing officer for the hearing. As grounds, 

Petitioner states the following: 

I. The New Mexico Air Quality Control Act (Air Act), NMSA 1978, Sections 

74-2-4 and 74-2-S.B(I) [1967 as amended through 2007] authorizes and requires the Air 

1 
Board to adopt, amend, or replace air quality regulations and to adopt air quality plans 

(SIPs) under NMSA 1978, Section 74-2-5.B(2). 

2. On October 15, 2008, the Administrator of the EPA revised the primary 

and secondary Lead (Pb) NAAQS from 1.5 micrograms per cubic meter (f.Lg/m3) to 0.15 

f.Lg/m3 [Federal Register November 12, 2008, Vol. 73, No. 219, pp. 66964-67062], 

effective January 12,2009. Pursuant to Sections IIO(a)(l) and IIO(a)(2) ofthe CAA, 

each State is required to submit a plan to provide for the implementation, maintenance, 

and enforcement of a newly promulgated or revised NAAQS within 3 years of 

promulgation of a new or revised standard. Section l!O(a)(l) of the CAA addresses the 

timing requirement for the submissions of any "Infrastructure SIP" revisions, while 

Section II O(a)(2) ofthe CAA lists the required elements that comprise the "Infrastructure 

SIP". Therefore, this plan or "Infrastructure SIP" addressing the requirements of 

Sections 110(a)(2)(A)--(M) of the CAA is due October 15,2011. This "Infrastructure 

SIP" is a compilation of elements that demonstrates how Albuquerque-Bernalillo County 

will implement, maintain and enforce the revised lead NAAQS, including: enforceable 

emission limitations and control measures, air quality monitoring and modeling, a permitting 

program, adequate funding and personnel, authority under state law to carry out the plan, 

emissions reporting, emergency powers, public participation, and fee collection. 

3. It is anticipated that the hearing will take approximately 1 hour or less. 

4. The Public Review Draft for the proposed "Lead Infrastructure SIP" is 

attached as AQD Exhibit #Ia. 

2 
Respectfully submitted, 

Bil estrnoreland, P .E. 

Deputy Director 

Environmental Health Department 

City of Albuquerque 

One Civic Plaza, NW, Suite 3023 

Albuquerque, New Mexico 87103 

(505) 768-2706 

CERTIFICATION 

I hereby certify that a copy of this Petition to adopt a State Implementation Plan (SIP) 

to address Sections llO(a)(l) and (2) of the federal Clean Air Act (CAA), 42 U.S.C. § 

7410(a)(l) and (2) hereafter referred to as the "Lead Infrastructure SIP" was 

delivered to the following person on October 14, 20 II. 

Margaret Nieto 

Secretary to the Air Quality Control Board 

Environmental Health Department 

One Civic Plaza, NW, Room 3023 

Albuquerque, New Mexico 87103 

and that a copy was provided to 

Bill Grantham, Attorney to the Air Quality Control Board 

at bill.grantham@state.nm.us. 

Bill Westmoreland 

Deputy Director 

Environmental Health Department 

City of Albuquerque 

3 
' AQIEXHIBIT 

Executive Summary 

I 

I 

A State Implementation Plan (SIP) identifies how the state will attain and maintain the primary 

and secondary National Ambient Air Quality Standards (NAAQS). The SIP contains 

regulations, source-specific requirements, non-regulatory items such as plans and inventories, 

and in some cases additional requirements promulgated by the U.S. Environmental Protection 

Agency (EPA). The initial SIPs for states were approved by EPA on May 3 l , 1972 [FR Vol. 3 7, 

No. l 05, pp. l 0842-l 0906]. A state may revise its SIP with EPA approval as necessary. The 

federally enforceable SIP for New Mexico (including Bernalillo County) is compiled in 40 CFR 

Part 52 Subpart GG. 

The following SIP matrix outlines the requirements of Sections llO(a)(2)(A) through (M) ofthe 

federal Clean Air Act (CAA) [codified at U.S. Code: Title 42, Chapter 85, Subchapter I, Part A, 

§741 0, State Implementation Plans For National Primary And Secondary Ambient Air Quality 

Standards] and addresses how Albuquerque-Bernalillo County, New Mexico will implement, 

maintain and enforce the 2008 lead NAAQS. 

Legislative authority for Albuquerque-Bernalillo County's air quality program is codified in 

Chapter 74 (Environmental Improvement) ofthe New Mexico Statutes, which gives the 

Albuquerque-Bernalillo County Air Quality Control Board (Air Board) and the Albuquerque 

Environmental Health Department's Air Quality Division (AQD) the authority to implement the 

CAA in New Mexico. 

The regulatory authority to implement CAA programs is contained in the New Mexico 

Administrative Code (NMAC), specifically Title 20, Environmental Protection, Chapter II, 

Albuquerque-Bernalillo County Air Quality Control Board. The regulations codified at 

20.1 !.XX NMAC are part of the approved Albuquerque-Bernalillo County, New Mexico SIP 

and are cited in 40 CFR § 52.1620(c) unless otherwise stated. 

Those requirements of CAA § l!O(a)(2) that are in the approved SIP or recently submitted SIP 

revisions relate to enforceable emission limits and schedules for compliance; monitoring, source 

testing and emissions reporting; recordkeeping and reporting requirements; and permit fees. 

Some requirements, such as intergovernmental consultation, air quality modeling, and 

compliance with Part D of Title I of the CAA, are fulfilled during the development and 

submission to EPA as a SIP revision of attainment plans. 

la 
§ llO(a) Element 

§ IIO(a)(2) 

§ II O(a)(2)(A) 

Emission Limits & 

Other Control 

Measures 

Albuquerque-Bernalillo County, New Mexico 

§110(a)(2) SIP Requirements for the Lead NAAQS 

Summary of Element Provisions in the Current SIP 

Requirements 

Each implementation plan 

submitted by a State under 

this Chapter shall be 

adopted by the State after 

reasonable notice and 

public hearing. Each such 

plan shallinclude enforceable 

emission limitations and Albuquerque-Bernalillo County's enforceable emission 

other control measures, limitations and other control measures are authorized by the 

means, or techniques New Mexico Air Quality Control Act (Air Act) and those 

(including economic provisions of New Mexico Administrative Code (NMAC) 

incentives such as fees, Title 20, Environment Protection, Chapter II, Albuquerquemarketable permits, and Bernalillo County Air Quality Control Board. 

auctions or emissions 

rights), as well as Enacted in 1967, the Air Act [NM STAT ANN§§ 74-2-1 

schedules and timetables through 74-2-17] allowed for the establishment of the 

for compliance, as may be Albuquerque-Bernalillo County Air Quality Control Board 

necessary or appropriate to (Air Board) as a local board and gave it authority to 

meet the applicable administer and enforce its air quaJity regulations within the 

requirements of this Bernalillo County boundaries. 

Chapter. 

"The City of Albuquerque and Bernalillo County adopted 

parallel ordinances by which they accepted the authority 

delegated by the Air Act, established the Air Board, and 

specified that the board shall adopt regulations consistent 

with the Air Act and adopt a plan for the regulation, control, 

prevention or abatement of air pollution." 

The regulations authorized by Chapter 74-Environmenta/ 

Improvement-- of the New Mexico Statutes Annotated 

[NMSA 1978] are duly adopted by the Air Board. 

Where these provisions relate to Clean Air Act (CAA) 

Section 110 requirements, SIP revisions have been submitted 

to and approved by EPA [codified at 40 CFR Part 52, Subpart 

GG]. The City of Albuquerque's Air Quality Division 

(AQD) has an EPA-approved air permitting program for both 

major and minor sources, which ensures that all applicable 

requirements are included in the source's permit. 

AQD has determined that no reductions in lead emissions are 

required for maintenance of the 2008lead NAAQS. 

AQD does not exempt from enforcement excess emissions 

that occur during start-up, shutdown, maintenance, or 

malfunction. Emissions in excess of permit or regulatory 

limits are presumptively violations, subject to affirmative 

defenses with the burden of proof on the respondent. See 

Lead Infrastructure SIP - Public Review Draft, I 0114/11 

Page 2 of8 
§ ll O(a)(2)(B) 

§ ll0(a)(2)(C) 

§ llO(a)(2)(D) 

Interstate Transport 

20.11.49 NMAC, Excess Emissions. 

provide for establishment AQD maintains a monitoring network for the NAAQS and 

and operation of submits an annual Network Assessment to EPA which 

appropriate devices, describes how it has complied with monitoring requirements 

methods, systems, and and explains any proposed changes. 

procedures necessary to-

(i) monitor, compile, and AQD is not required to operate any source-oriented lead 

analyze data on ambient air samplers because there are no 0.5 TPY or larger sources of 

quality; and lead in New Mexico (including Bernalillo County). However 

(il} upon request, make AQD is required to perform non-source-oriented lead 

such data available to the monitoring, due to the presence of a CBSA (Core Based 

Administrator. Statistical Area) with a population of more than 500,000 

people, within Bernalillo County (i.e. Albuquerque). This 

sampler is scheduled to begin operation by December 27, 

20 ll. Ambient levels of lead will be evaluated using an 

EPA-approved Federal Reference Method Sampler and an 

EPA-approved Federal Equivalent Method for detection All 

samplers are subjected to the quality assurance requirements 

of 40 CFR Part 58, Appendix A, and located at AQS Site 

Number 35-001-0023, Del Norte NCore Site which meets the 

minimum siting requirements of Part 58, Appendix E. Data 

will be submitted to EPA's Air Quality System (AQS) system 

in accordance with the schedule prescribed by 40 CFR Part 

58. 

include a program to AQD has established regulations governing the enforcement 

provide/or enforcement of of control measures, including attainment plans and 

the measures in § permitting programs that regulate construction and 

/IO(a)(2)(A), and modification of stationary sources. See 20.11.41 NMAC, 

regulation of the 20.11.60 NMAC and 20.11.61 NMAC. AQD's Prevention of 

modification and Significant Deterioration (PSD) program applies to sources 

construction of any that emit greenhouse gases in accordance with EPA's 

stationary source within the tailoring rule. See 20.ll.6l.7.CCC NMAC. 

areas covered by the plan 

as necessary to assure that 

NAAQS are achieved, 

including a permit program 

as required in Parts C and 

D of ihis Subchapter. 

contain adequate Bernalillo County currently does not have any lead 

provisions- nonattainment areas nor is the county in close proximity to 

(i) prohibiting any any other lead nonattainrnent areas. The closest lead 

source or other type of nonattainrnent area to New Mexico is approximately 450 

emissions activity from miles from the New Mexico border (640 miles from 

emitting any air pollutant Albuquerque), in northern Texas, located in the County of 

in amounts which will: Collin, in the town of Frisco. 

(I) contribute 

significantly to New Mexico (including Bernalillo County) does not have any 

nonattainment in, or major sources of lead. Total point source emissions for lead 

inteifere with in New Mexico equal less than 0:5 tons per year (TPY) and 

maintenance by, any less than 0.05 TPY for area source emissions (based on the 

other State with respect 2005 National Emission Inventory). 

to any such national 

primary or secondary Due to the limited amount of point and area source lead 

ambient air quality emissions in New Mexico (including Bernalillo County) and 

standard, or the lack of lead nonattainment areas in New Mexico 

(II) interfere with (including Bernalillo County) or within close proximity, 

Lead Infrastructure SIP- Public Review Draft, 10/14/ll 

Page 3 of8 
§ IIO(a)(2)(E)(i) 

measures required to be AQD has concluded that lead emissions from Bernalillo 

included in the County: 

applicable I) Do not significantly contribute to nonattainment in or 

implementation plan for interfere with maintenance for any other state with regards to 

any other State under the lead NAAQS; 

Part C of this 2) Do not interfere with the measures required to implement 

Subchapter to prevent prevention of significant deterioration or for the protection of 

significant deterioration visibility in any other state; and 

of air quality or to 3) Do not preclude the state from insuring compliance with 

protect visibility, CAA Section§ 126 and 115. 

(ii) insuring compliance 

with the applicable Consistent with 40 CFR 166(q)(2)(iv), Albuquerquerequirements of CAA Bernalillo County's PSD program requires AQD to notify 

Sections § 116 and 115 potentially affected states, tribes, and federal land managers 

[Sections 7416 & 7415 of of its intent to approve or disapprove a PSD permit 

this Title] (relating to application. 20.11.61.21 NMAC. 

interstate and international 

pollution abatement). 

Provide: New Mexico Statute§ 74-2-5 "Duties and powers; 

(i) necessary assurances environmental improvement board; local board'' gives the Air 

that the State (or, except Board authority to develop, implement and enforce the SIP. 

where the administrator 

deems inappropriate, the § 74-2-5 provides the Air Board adequate legal authority to 

general purpose local adopt emission standards and compliance schedules 

government or applicable to regulated entities, and to adopt emission 

governments, or a regional standards and limitations and any other measures necessary 

agency designated by the for attainment and maintenance of national standards. 

State or general purpose 

local governments for such § 74-2-5 also provides the Air Board adequate legal authority 

purpose) will have to enforce applicable laws, regulations, standards, and 

adequate personnel, compliance schedules, and seek injunctive relief. In addition, 

funding, and authority § 74-2-5.1 provides the department legal authority to enforce 

under State (and, as applicable laws, regulations, standards, and compliance 

appropriate, local) law to schedules. 

carry out such 

implementation plan (and The resources to carry out the implementation plan are 

is not prohibited by any provided through General Funds, Permit Fees, and the CAA 

prow"sion of Federal or §§ 105 grant process. Permit fees are collected under the 

State law from carrying out authority of§ 74-2-7. 

such implementation plan 

or portion thereof), No organizations outside of AQD will participate in 

implementing or enforcing this SIP. AQD has adequate 

personnel to implement the SIP with respect to lead 

requirements. Should EPA determine that AQD lacks 

adequate personnel to carry out the SIP, EPA may issue a 

finding with respect to that deficiency, which AQD would 

have a legal obligation to correct. 

AQD anticipates the need for additional resources to 

implement the plan for the lead standard beyond those which 

have been utilized for the preparation of the plan and plan 

revisions submitted to EPA and other current progranunatic 

demands (e.g. EPA subcontractor for Performance Evaluation 

Program (PEP)(3rd party auditing); sampling equipment; 

laboratory analysis, etc.). 

Lead Infrastructure SIP- Public Review Draft, 10/14111 

Page 4 of8 
§ l!O(a)(2)(E)(ii) 

§ llO(a)(2)(E) 

(iii) 

§ l!O(a)(2)(F) 

Stationary Source 

Monitoring System 

(ii) requirements that the NMSA 1978 § 74-1-4 provides that the Air Board contain at 

State comply with the least a majority of members who represent the public interest 

requirements respecting and do not derive any significant portion of their income from 

State boards under CAA persons subject to or who appear before the board on issues 

Section 128 [Section 7428 related to the CAA or Air Act. Board members are required 

of this Title], and to recuse themselves from rule-makings in which their 

impartiality may reasonably be questioned [20.11.82.14 

NMAC]. 

(iii) necessary assurances Albuquerque-Bernalillo County is authorized to carry out all 

that, where the State has portions of New Mexico's SIP within Bernalillo County [See 

relied on a local or § 74-2-4]. NMED and the state Environmental improvement 

regional government, Board retain oversight authority in the event the local 

agency, or instrumentality authority fails to act[§ 74-2-4 (D)]. 

for the implementation of 

any plan provision, the 

State has responsibility for 

ensuring adequate 

implementation of such 

plan provision. 

require, as may be Regulatory requirements have been codified at 20.11.41 

prescribed by the NMAC, Authority to Construct, 20.11.42 NMAC Operating 

Administrator: Permits, 20.11.60 NMAC, Permitting in Nonattainment 

(i) the installation, Areas (pertaining to sampling and testing) and 20.11.49 

maintenance, and NMAC, Excess Emissions. 

replacement of equipment, 

and the implementation of Requirements in 20.11.47 NMAC, Emission Inventory 

other necessary steps by Requirements provide for the reporting of emissions 

owners or operators of inventories in a format established by AQD on a schedule 

stationary sources to prescribed by the regulation. 

monitor emissions from 

such sources, Albuquerque-Bernalillo County's enforceable entission 

(ii) periodic reports on limitations and other control measures are addressed in the 

the nature and amounts of Air Act and those provisions of Chapter 11 of New Mexico's 

emissions and emissions- Administrative Code Title 20. 

related data from such 

sources, and 20.11.90 NMAC, Source Surveillance; Administration and 

(iii) correlation of such Enforcement, establishes the general requirements for 

reports by the State agency maintaining records and reporting emissions, including record 

with any emission keeping, data submissions, and public access to emissions 

limitations or standards data. 

established pursuant to this 

Act [Chapter}, which [See also: NMSA 74-2-7(D)(l)(a) & (2) -"The department or 

reports shall be available the local agency may specify conditions to any permit granted 

at reasonable times for under this section, including: (l) for a construction permit: (a) 

public inspection; a requirement that such source install and operate control 

technology, determined on a case-by-case basis, sufficient to 

meet the standards, rules and requirements of the Air Quality 

Control Act and the federal act.. .. (2) for an operating permit, 

terms and conditions sufficient to ensure compliance with the 

applicable standards, rules and requirements pursuant to the 

Air Quality Control Act and the federal act."; NMSA 74-2-

11, Confidential Information; NMSA 74-2-13, Inspection; 

and The 

Inspection Of Public Records Act, NMSA 1978, Chapter 14, 

Article 2] 

Lead Infrastructure SIP- Public Review Draft, 10/14/11 

Page 5 of8 
§ \IO(a)(2)(G) 

Emergency Power 

§IIO(a)(2)(H) 

§ IIO(a)(2)(I) 

Nonattainment Area 

Plan Requirements 

§II O(a)(2)(J) 

PSD 

provide for authority Pursuant to 40 CFR 51, Subpart H, Prevention of Air 

comparable to that in CAA Pollution Emergency Episodes, On January 26, 1989, the Air 

Section 303 [Section 7603 Board adopted the Air Pollution Episode Contingency Plan 

of this 11tle] and adequate for Bernalillo County [8/21/91, 56 FR 38074; 40 CFR 

contingency plans to 52.1639, Prevention of Air Pollution Emergency Episodes], 

implement such authority. that covers air pollution episodes and the occurrence of an 

emergency due to the effects of the pollutants on the health of 

persons. 

provide for revision of such Albuquerque-Bernalillo County's SIP is a compilation of 

plan: regulations, plans, and submittals that act to improve and 

(i) from time to time as may maintain air quality in accordance with national standards. 

be necessary to take The authority to develop or revise the SIP is based on the 

account of revisions of such authority to adopt new regulations, revise existing 

national primary or regulations, to meet the NAAQS. NMSA 1978 § 74-7-5 

secondary ambient air gives the board authority to perform these functions. § 74-7-

quality standard or the 5 also provides the board the authority to adopt regulations to 

availability of improved or abate, control, and prohibit air pollution throughout Bernalillo 

more expeditious methods County in accordance with the provisions of State Rules Act 

of attaining such standard, [Chapter 14, Article 4, NMSA 1978]. Nothing in New 

and Mexico's statutory or regulatory authority prohibits 

(ii) except as provided in Albuquerque-Bernalillo County from revising the SIP in the 

Paragraph (J)(C), event of a revision to the NAAQS. 

whenever the Administrator 

finds on the basis of 

information available to the 

Administrator that the plan 

is substantially inadequate 

to attain the NAAQS which 

it implements, or to 

otherwise comply with any 

additional requirements 

established under this Act 

[Chapter/. 

in the case of a plan or Compliance with the lead standard will be evaluated using 

plan revision for an area Air Monitoring FRM Quality Assurance Lead Data submitted 

designated as a with SIP revisions for any future nonattainment areas. SIP 

nonattainment area, meet revisions related to nonattainment areas will comply with 

the applicable requirements Subpart D requirements, as applicable. The currently 

of Part D of this approved nonattainment area SIP provisions listed in 40 CFR 

Subchapter (relating to § 52, Subpart GG also meet Subpart D requirements. 

nonattainment areas),· 

meet the applicable All SIP revisions undergo public notice and hearing, which 

requirements ofCAA § 121 provides for comment by the public, including local political 

[Section 7421 of this Title] subdivisions. (See 20.11.82 NMAC) 

(relating to consultation), 

CAA Section 127 [Section Air quality data from AQD's monitoring network is available 

7427 of this Title] (relating to the public via EPA's website at: 

to public notification), and h!!Jl://www.eRa.gov/air/datalgeosel.html. Additionally, as 

Part C of this Subchapter part of the 105 grant process AQD is required to submit 

(relating to prevention of monitoring data to the Air Quality System (AQS) 90 days 

significant deterioration of after the end of a quarter. Data can also be retrieved via a 

air quality and visibility link through the AQD website: 

protection); htto://www.cabg.gov/airguali!Y./airgualitvmonitoringdata.html 

which also contains information on the air quality index, and 

on ways the public can participate in regulatory and planning 

efforts. 

Lead Infrastructure SIP- Public Review Draft, 10/14/11 

Page 6 of8 
§ IIO(a)(2)(K) 

Air Quality 

Modeling I Data 

§ IIO(a)(2)(L) 

Permitting Fees 

The Air Board has adopted 20.11.61 NMAC- Prevention of 

Sign~ficant Deterioration following the requirements outlined 

in 40 CFR 52 under Section 161 of the CAA [42 U.S.C.A. § 

7471] for prevention of significant deterioration. These 

provisions were approved by EPA as part of the SIP, effective 

5/29/07. [40 CFR 52.1634]. 

20.11.61 NMAC includes procedures for protection of 

visibility in Class I areas. 

AQD submitted Albuquerque-Bernalillo County's Second 

Amended Regional Haze SIP to EPA in August, 20 II. This 

submittal will provide further visibility protection and 

improvements to federal Class I areas. 

provide for: AQD follows EPA guidelines for air dispersion modeling. 

(i) the performance of such [40 CFR 52.1640] 

air quality. modeling as the . 

Administrator may Upon request, AQD will submit current and future data 

prescribe for the purpose of relating to modeling to EPA. 

predicting the effect on 

ambient air quality of any 

emissions of any air 

pollutant for which the 

Administrator has 

established a NAAQS, and 

(ii) the submission, upon 

request, of data related to 

such air quality modeling 

to the Administrator; 

require the owner or The fee requirements of20.11.2 NMAC, Fees were approved 

operator of each major by EPA as meeting the CAA requirements and were 

stationary source to pay to incorporated into the New Mexico SIP [Bernalillo County, 

the permitting authority, as 4/10/80, 45 FR 24468]. Albuquerque-Bernalillo County's 

a condition of any permit Title V operating permit program codified at 20.11.42 

required under this Act NMAC, Operating Permits, was approved by EPA on 9/8/04 

[Chapter}, a fee sufficient [FR Vol. 69, No. 173, pp. 54244-47, effective 1118/04] 

to cover-

(i) the reasonable costs of 

reviewing and acting upon 

any application{or such a 

permit, and 

(ii) if the owner or 

operator receives a permit 

for such source, the 

reasonable costs of 

implementing and 

enforcing the terms and 

conditions of any such 

permit (not including any 

court costs or other costs 

associated with any 

enforcement action), 

until such fee requirement 

is superseded with respect 

Lead Infrastructure SIP- Public Review Draft, 10/14/11 

Page 7 of8 
§ IIO(a)(2)(M) 

to such sources by the 

Administrator's approval of 

a fee program under Title V 

[Subchapter V of this 

Chapter]; 

provide for consultation New Mexico State Statute § 74-2-5.2 "State air pollution 

and participation by local control agency; specific duties and powers of the 

political subdivisions department,'' requires advising; consulting; contracting with 

affected by the plan. and cooperating with local authorities, other states, the 

federal government and other interested persons or groups in 

regard to matters of common interest in the field of air quality 

control; and initiation of cooperative action between a local 

authority and the department, between one local authority and 

another or among any combination of local authorities and 

the department for control of air pollution in areas having 

related air pollution problems that overlap the boundaries of 

political subdivisions; and entering into agreements and 

compacts with adjoining states and Indian tribes, where 

appropriate. 

Albuquerque-Bernalillo County's public participation 

requirements and procedures fulfill the requirements for 

consultation with local political subdivisions affected by the 

SIP. 

Lead Infrastructure SIP- Public Review Draft, 10/14/11 

Page 8 of8 
I f2 

http:/ /legals.abqjoumal.com'legals/print_legaU271196 

• AQD EXHIBIT 

~ 2a 

I 

Published in the Albuquerque Journal on Thursday November 17, 2011 

ALBUQUERQUE-BERNALILLO COUN1Y AIR QUALI1Y CONTROL BOARD NOTICE OF 

HEARING AND REGULAR MEETING On January II, 2012, at 5:30pm, the Albuquerque-Bernalillo 

County Air Quality Control Board (Air Board) will hold a public hearing in the Vincent E. Griego 

Chambers located in the basement level of the Albuquerque-Bernalillo County Government Center, One 

Civic Plaza NW, Albuquerque, NM. The hearing will address: a proposed revision to the New Mexico State 

Implementation Plan for air quality (SIP) under Section llO(a)(l) and (2) of the Federal Clean Air Act 

(CAA) for the revised National Ambient Air Quality Standard (NAAQS) for Lead. Section l!O(a)(l) of the 

CAA addresses the timing requirement for the submissions of any "Infrastructure SIP" revisions, while 

Section IIO(a)(2) of the CAA lists the required elements that comprise the "Infrastructure SIP". On 

October 15, 2008, the Administrator of the U.S. Environmental Protection Agency (EPA) revised the 

primary and secondary Lead (Pb) NAAQS from 1.5 micrograms per cubic meter (ugm3) to 0.15 ugm3 

[Federal Register November 12,2008, Vol. 73, No. 219, pp. 66964-67062], effective January 12,2009. 

Pursuant to sections IIO(a)(l) and 110(a)(2) of the CAA, each State is required to submit a plan to provide 

for the implementation, maintenance, and enforcement of a newly promulgated or revised NAAQS within 3 

years of promulgation of a new or revised standard. Therefore, this plan or "Infrastructure SIP" addressing 

the requirements of Sections 110(a)(2)(A)--(M) of the CAA is due October 15, 2011. This "Infrastructure 

SIP" is a compilation of elements that demonstrates how Albuquerque-Bernalillo County will implement, 

maintain and enforce the revised lead NAAQS, including: enforceable emission limitations and control 

measures, air quality monitoring and modeling, a permitting program, adequate funding and personnel, 

authority under state law to carry out the plan, emissions reporting, emergency powers, public 

participation, and fee collection. Following the hearing, the Air Board will hold its regular monthly meeting 

during which the Air Board is expected to consider adopting the proposed Infrastructure SIP for Lead. The 

Air Board is the federally delegated air quality authority for Albuquerque and Bernalillo County. Local 

delegation authorizes the Air Board to administer and enforce the CAA and the New Mexico Air Quality 

Control Act, and to require local air pollution sources to comply with air quality standards and regulations. 

Hearings and meetings of the Air Board are open to the public and all interested persons are encouraged to 

participate. All persons who wish to testifY regarding the subject of the hearing may do so at the hearing 

and will be given a reasonable opportunity to submit relevant evidence, data, views and arguments, orally 

or in writing, to introduce exhibits and to examine witnesses in accordance with the Joint Air Quality 

Control Board Ordinances, Section 9-5-1-6 ROA 1994 and Bernalillo County Ordinance 94-5, Section 6. 

Anyone intending to present technical testimony is required by 20.11.82 NMAC, Rulemaking Procedures -

AQCB, to submit a written Notice Oflntent (NOI) before 5:00pm on December 27,2011, to: Attn: Neal 

Butt, Air Quality Division, Albuquerque Environmental Health Department, P .0. Box 1293, Albuquerque, 

NM 87103, or in person at the Environmental Health Department, Suite 3023,400 Marquette Avenue NW. 

The NOI shall identifY the person's name, address and affiliation. In addition, written comments to be 

incorporated into the public record should be received at the above P .0. Box, or Environmental Health 

Department office, before 5:00pm on January 4, 2012. The comments shall include the name and address 

of the individual or organization submitting the statement. Written comments may also be submitted 

electronically to nbutt@cabq.gov and shall include the required name and address information. Interested 

persons may obtain a copy of the proposed regulation at the Environmental Health Department Office, or 

by contacting Mr. Neal Butt, Air Quality Division, Albuquerque Environmental Health Department, P.O. 

Box 1293, Albuquerque, NM 87103, or by phone 768-2660, or by e-mail at nbutt@cabq.gov, or by 

downloading a copy from the City of Albuquerque Air Quality Division website. NOTICE FOR PERSON 

1112112011 11:41 AM 
2 of2 

http://legals.abqjoumal.com'legals/print_legal/27119£ 

WITH DISABILITIES: If you have a disability and/or require special assistance please call (505) 768-2600 

[Voice] and special assistance will be made available to you to review any public meeting documents, 

including agendas and minutes. TrY users call the New Mexico Relay at I-800-659-8331 and special 

assistance will be made available to you to review any public meeting documents, including agendas and 

minutes. Journal: November 17, 2011 

11/2112011 II :41 A I 
New Mexico Register I Volume XXII, Number 22/ November 30,2011 

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD 

NOTICE OF HEARING AND REGULAR MEETING 

'AQD EXHIBIT 

; 2b 

I 

On January II, 2012, at 5:30pm, the Albuquerque-Bernalillo County Air Quality Control Board (Air Board) will 

hold a public hearing in the Vincent E. Griego Chambers located in the basement level of the AlbuquerqueBernalillo County Government Center, One Civic Plaza NW, Albuquerque, NM. 

The hearing will address: a proposed revision to the New Mexico State Implementation Plan for air quality (SIP) 

under Section IIO(a)(l) and (2) of the Federal Clean Air Act (CAA) for the revised National Ambient Air Quality 

Standard (NAAQS) for Lead. Section IIO(a)(l) of the CAA addresses the timing requirement for the submissions 

of any "Infrastructure SIP" revisions, while Section IIO(a)(2) of the CAA lists the required elements that comprise 

the "Infrastructure SIP". On October 15, 2008, the Administrator of the U.S. Environmental Protection Agency 

(EPA) revised the primary and secondary Lead (Pb) NAAQS from 1.5 micrograms per cubic meter ((.lg/m3) to 0.15 

(.lg/m3 [Federal Register November 12,2008, Vol. 73, No. 219, pp. 66964-67062], effective January 12,2009. 

Pursuant to sections IIO(a)(l) and I IO(a)(2) of the CAA, each State is required to submit a plan to provide for the 

implementation, maintenance, and enforcement of a newly promulgated or revised N AAQS within 3 years of 

promulgation of a new or revised standard. Therefore, this plan or "Infrastructure SIP .. addressing the requirements 

of Sections IIO(a)(2)(A)--(M) of the CAA is due October 15,2011. This "Infrastructure SIP" is a compilation of 

clements that demonstrates how Albuquerque-Bernalillo County will implement, maintain and enforce the revised 

lead NAAQS, including: enforceable emission limitations and control measures, air quality monitoring and 

modeling, a permitting program, adequate funding and personnel, authority under state law to carry out the plan, 

emissions reporting, emergency powers, public participation, and fee collection. 

Following the hearing, the Air Board will hold its regular monthly meeting during which the Air Board is expected 

to consider adopting the proposed Infrastructure SIP for Lead. 

The Air Board is the federally delegated air quality authority for Albuquerque and Bernalillo County. Local 

delegation authorizes the Air Board to administer and enforce the CAA and the New Mexico Air Quality Control 

Act, and to require local air pollution sources to comply with air quality standards and regulations. 

Hearings and meetings of the Air Board are open to the public and all interested persons are encouraged to 

participate. All persons who wish to testify regarding the subject of the hearing may do so at the hearing and will be 

given a reasonable opportunity to submit relevant evidence, data, views and arguments, orally or in writing, to 

introduce exhibits and to examine witnesses in accordance with the Joint Air Quality Control Board Ordinances, 

Section 9-5-1-6 ROA 1994 and Bernalillo County Ordinance 94-5, Section 6. . 

Anyone intending to present technical testimony is required by 20.11.82 NMAC, Rulemaking Procedures- AQCB, 

to submit a written Notice Of Intent (NO!) before 5:00 pm on December 27, 20 II, to: Attn: Neal Butt, Air Quality 

Division, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or in person at 

the Environmental Health Department, Suite 3023,400 Marquette Avenue NW. The NO! shall identify the person's 

name, address and affiliation. 

In addition, written comments to be incorporated into the public record should be received at the above P.O. Box, or 

Environmental Health Department office, before 5:00pm on January 4, 2012. The comments shall include the name 

and address of the individual or organization submitting the statement. Written comments may also be submitted 

electronically to nbutt@cabq.gov and shall include the required name and address information. 

Interested persons may obtain a copy of the proposed regulation at the Environmental Health Department Office, or 

by contacting Mr. Neal Butt, Air Quality Division, Albuquerque Environmental Health Department, P.O. Box I293, 

Albuquerque, NM 87103, or by phone 768-2660, or by e-mail at nbutt@cabg.gov, or by downloading a copy from 

the City of Albuquerque Air Quality Division website. 

NOTICE FOR PERSON WITH DISABILITIES: If you have a disability and/or require special assistance please 

call (505) 768-2600 [Voice] and special assistance will be made available to you to review any public meeting 

documents, including agendas and minutes. TTY users call the New Mexico Relay at 1-800-659-833 I and special 

assistance will be made available to you to review any public meeting documents, including agendas and minutes. 
Butt, Neal T. --- ---------- .. -------·------- ---- ------·---·---·----------

From: City of Albuquerque-Air Quality Division [nbutt@cabq.gov] 

Sent: Monday, November 14, 2011 10:35 AM 

To: Butt, Neal T. 

Subject: Legal Notice for Hearing- Lead NAAQS Infrastructure SIP 

Follow Up Flag: Follow up 

Flag Status: Orange 

Legal Notice of Hearing -

Lead NAAQS Infrastructure SIP 

ALBUQUERQUE-BERNALILLO COUNTY AIR 

QUALITY CONTROL BOARD 

NOTICE OF HEARING AND REGULAR MEETING 

On January II, 2012, at 5:30pm, the Albuquerque-Bernalillo 

County Air Quality Control Board (Air Board) will hold a 

public hearing in the Vincent E. Griego Chambers located in the 

basement level of the Albuquerque-Bernalillo County 

Government Center, One Civic Plaza NW, Albuquerque, NM. 

The hearing will address: a proposed revision to the New 

Mexico State Implementation Plan for air quality (SIP) under 

Section IIO(a)(l) and (2) of the Federal Clean Air Act (CAA) 

for the revised National Ambient Air Quality Standard 

(NAAQS) for Lead. Section IIO(a)(l) oftheCAA addresses 

the timing requirement for the submissions of any 

"Infrastructure SIP" revisions, while Section IIO(a)(2) of the 

CAA lists the required elements that comprise the 

"Infrastructure SIP". On October 15,2008, the Administrator of 

the U.S. Environmental Protection Agency (EPA) revised the 

primary and secondary Lead (Pb) NAAQS from 1.5 micrograms 

per cubic meter (f!g/m3) to 0.15 f!g/m3 [Federal Register 

November 12,2008, Vol. 73, No. 219, pp. 66964-67062], 

effective January 12,2009. Pursuant to sections IIO(a)(l) and 

II O(a)(2) of the CAA, each State is required to submit a plan to 

provide for the implementation, maintenance, and enforcement 

of a newly promulgated or revised NAAQS within 3 years of 

promulgation of a new or revised standard. Therefore, this plan 

ll/21/2011 

Page I of 3 

' AQD EXHIBIT 

~ 2c 

I 
or "Infrastructure SIP" addressing the requirements of Sections 

IIO(a)(2)(A)--(M) of the CAA is due October 15,2011. This 

"Infrastructure SIP" is a compilation of elements that 

demonstrates how Albuquerque-Bernalillo County will 

implement, maintain and enforce the revised lead NAAQS, 

including: enforceable emission limitations and control measures, 

air quality monitoring and modeling, a permitting program, 

adequate funding and personnel, authority under state law to carry 

out the plan, emissions reporting, emergency powers, public 

participation, and fee collection. 

Foil owing the hearing, the Air Board will hold its regular 

monthly meeting during which the Air Board is expected to 

consider adopting the proposed Infrastructure SIP for Lead. 

The Air Board is the federally delegated air quality authority for 

Albuquerque and Bernalillo County. Local delegation 

authorizes the Air Board to administer and enforce the CAA and 

the New Mexico Air Quality Control Act, and to require local 

air pollution sources to comply with air quality standards and 

regulations. 

Hearings and meetings of the Air Board are open to the public 

and all interested persons are encouraged to participate. All 

persons who wish to testify regarding the subject of the hearing 

may do so at the hearing and will be given a reasonable 

opportunity to submit relevant evidence, data, views and 

arguments, orally or in writing, to introduce exhibits and to 

examine witnesses in accordance with the Joint Air Quality 

Control Board Ordinances, Section 9-5-1-6 ROA 1994 and 

Bernalillo County Ordinance 94-5, Section 6. 

Anyone intending to present technical testimony is required by 

20.11.82 NMAC, Rulemaking Procedures- AQCB, to submit a 

written Notice Of Intent (NO!) before 5:00pm on December 27, 

2011, to: Attn: Neal Butt, Air Quality Division, Albuquerque 

Environmental Health Department, P.O. Box 1293, 

Albuquerque, NM 87103, or in person at the Environmental 

Health Department, Suite 3023, 400 Marquette Avenue NW. 

The NO! shall identify the person's name, address and 

affiliation. 

In addition, written comments to be incorporated into the public 

record should be received at the above P.O. Box, or 

Environmental Health Department office, before 5:00pm on 

January 4, 2012. The comments shall include the name and 

address of the individual or organization submitting the 

statement. Written comments may also be submitted 

electronically to nbutt@cabg.gov and shall include the required 

name and address information. 

11/21/2011 

Page 2 of3 
Interested persons may obtain a copy of the proposed regulation 

at the Environmental Health Department Office, or by 

contacting Mr. Neal Butt, Air Quality Division, Albuquerque 

Environmental Health Department, P.O. Box 1293, 

Albuquerque, NM 87103, or by phone 768-2660, or by e-mail at 

nbutt@cabq.gov, or by downloading a copy from the City of 

Albuquerque Air Quality Division website. 

NOTICE FOR PERSON WITH DISABILITIES: If you 

have a disability and/or require special assistance please call 

(505) 768-2600 [Voice] and special assistance will be made 

available to you to review any public meeting documents, 

including agendas and minutes. TIY users call the New 

Mexico Relay at 1-800-659-8331 and special assistance will be 

made available to you to review any public meeting documents, 

including agendas and minutes. 

Forward email 

This email was sent to nbutt@cabq.gov by nbutt@caba.gov 1 

Uodate Profile/Email Address 1 Instant removal with SafeUnsubscriber"' 1 Privacy Polley. 

City of Albuquerque I One Civic Plaza NW I Albuquerque I NM I 87102 

ll/21/2011 

Page 3 of3 
Page I of I 

Butt, Neal T. 

From: 

Sent: 

To: 

Cc: 

Subject: 

Johnson.Terry@epamail.epa.gov 

Wednesday, October 19, 2011 1 :50 PM 

Butt, Neal T. 

Shar.Aian@epamail.epa.gov 

Draft Infrastructure SIP far the 2008 Lead NAAQS 

Follow Up Flag: Follow up 

Flag Status: Purple 

Neal, 

I have completed my review of the Albuquerque's draft infrastructure SIP for implementation of the 2008 

Lead NAAQS. The proposed certification appears to be complete, and you appear to have already 

incorporated responses to comments submitted by Carl Young of the Region 6 Air Planning Section that 

were submitted to New Mexico Environment Department concerning their proposed lead infrastructure 

SIP. We have no further comments at this time. 

Please call me if you have any questions. 

Sincerely, 

Terry Johnson 

Terry Johnson 

U.S. EPA Region 6 Air Planning Section 

214-665-2154 

11/21/2011 

• 
FACT SHEET 

FINAL REVISIONS TO THE 

NATIONAL AMBIENT AIR QUALITY STANDARDS FOR LEAD 

SUMMARY OF ACTION 

• On October 15, 2008, EPA substantially strengthened the national ambient air quality 

standards {NAAQS) for lead. The revised standards arc 10 times tighter than the previous 

standards and will improve health protection for at-risk groups, especially children. 

• EPA has revised the level of the primary (health-based) standard from I. 5 micrograms 

per cubic meter (IJ.g/m3

), to 0.15 IJ.g/m3

, measured as total suspended particles (TSP). 

EPA has revised the secondary (welfare-based) standard to be identical in all respects to 

the primary standard. 

• Scientific evidence about lead and health has expanded dramatically since EPA issued the 

initial standard of 1.5 IJ.g/m3

in 1978. More than 6,000 new studies on lead health effects, 

environmental effects and lead in the air have been published since 1990. Evidence from 

health studies shows that adverse effects occur at much lower levels of lead in blood than 

previously thought. 

• Children are particularly vulnerable to the effects of lead. Exposures to low levels of lead 

early in life have been linked to effects on IQ, learning, memory, and behavior. There is 

no known safe level of lead in the body. 

• EPA estimates that the revised standards will yield health benefits valued between $3.7 

billion and $6.9 billion. The benefits reflect an expected increase in lifetime earnings as a 

result of avoiding IQ loss. The agency estimates costs of implementing the standards at 

approximately $150 million to $2.8 billion. 

• In conjunction with strengthening the lead NAAQS, EPA is improving the existing lead 

monitoring network by requiring monitors to be placed in areas with sources such as 

industrial facilities that emit one ton or more per year (tpy) of lead and in urban areas 

with more than 500,000 people. 

• Also as part of this notice, EPA describes the approach for implementing the revised 

standards and provides an implementation timeline. 

REVISIONS TO THE STANDARDS 

Primary (Health) Standard 

I 
• Based on a review of the full body of evidence, EPA has determined that the 1978 

standard of 1.5~g/m3 is not sufficient to protect public health with an adequate margin of 

safety. 

• The Agency is revising the level of the standard to 0.15 ~g!m3 to provide increased 

protection for at-risk populations against a variety of adverse health effects, most notably 

effects on the developing nervous system. 

• Like the 1978 standard, the new standard will be measured as the concentration of lead in 

TSP, reflecting evidence that lead particles of all sizes pose potential health risks. 

Secondary (Welfare) Standard 

• To provide increased protection against lead-related welfare effects, EPA is revising the 

current secondary standard to be·identical to the proposed primary standard. 

• A significant number of new studies have been conducted since 1978 that associate lead 

pollution with adverse effects on organisms and ecosystems. However, there was not 

enough evidence linking various effects to specific levels oflead in the air for EPA to 

select a different level for the secondary lead standard at this time. 

DETERMINING COMPLIANCE WITH THE STANDARDS 

• EPA has revised the averaging time and form of the lead NAAQS. These are the air 

quality statistics that are compared to the level of the standards to determine whether an 

area meets or violates the standards. 

• EPA changed the calculation method for the averaging time to use to 'rolling' threemonth period with a maximum (not-to-be-exceeded) form, evaluated over a three-year 

period. This replaces the current approach of using calendar quarters. A rolling threemonth average considers each of the 12 three-month periods associated with a given year, 

not just the four calendar quarters within that year. 

LEAD AIR QUALITY MONITORING 

• EPA is redesigning the lead monitoring network to assess compliance with the revised the 

lead standards. 

• EPA will require state and local monitoring agencies to conduct monitoring taking 

into account lead sources that are expected to, or have been shown to, exceed the 

standards. At a minimum, monitors must be placed in areas with sources oflead 

emissions greater than or equal to one ton or more per year, to measure the 

maximum concentration. 

2 
• EPA also will require a monitor to be operated in each of the I 0 I urban areas with 

populations greater than 500,000 to gather information on the general population's 

exposure to lead in air and ensure protection against sources of airborne dust 

containing lead. 

• EPA Regional Administrators may waive the source-oriented monitoring requirements if 

the monitoring agency can demonstrate that emissions from the source will not contribute 

to maximum air lead concentrations greater than 50 percent of the revised standard, or 

0.075 ug/m3

. 

• EPA estimates that 236 new or relocated monitoring sites will be necessary to satisfy 

these monitoring requirements. Approximately half of all newly required monitors are to 

be operational by January I, 2010, with the other half of the monitors operational by 

January I, 20 II. In addition, some existing lead monitors will be left in place and will 

continue to be used as part of the lead monitoring network. 

• EPA is requiring lead to be monitored as lead in total suspended particles (TSP). The 

Agency will allow the use of lead-PM10 monitors instead of lead, TSP monitors under 

certain limited circumstances: where lead is not expected to occur as large (ultra-coarse) 

particles; and where three-month average lead concentrations are not expected to be 

greater than or equal to 0.10 f1g/m3 

o If a lead-PM10 monitor measures three-month average levels greater than or equal 

to 0.10 f1g/m3

, then that monitoring agency must install and operate a lead-TSP 

monitor within six months 

o Lead- PM10 measurements greater than the NAAQS are considered to be in 

violation of the standards. 

IMPLEMENTING THE STANDARDS 

• In this notice, the Agency is describing its approach for implementing the revised lead 

standards. 

• For counties with violating monitors, EPA will use the county boundary as the expected 

boundary for nonattainment areas. The Agency will consider adjustments to that boundary 

on a case-by-case basis. 

• EPA is not establishing classifications for nonattainment areas based on the severity of 

lead violations. 

• The Agency will retain the I978 lead NAAQS until one year after designations for the new 

standards, except in current nonattainment areas. In those areas, EPA will retain the 1978 

3 
standard until the area submits, and EPA approves, attainment and/or maintenance 

demonstrations for the new standards. This will ensure continuous public health 

protection. 

Estimated Timeline for Implementing Revised Standards 

• States are required to make recommendations for areas to be designated attainment, 

nonattainment, or unclassifiable by October 2009. If tribes choose to submit 

recommendations, they must also provide them to EPA by October 2009. 

• Final designations of all attainment, nonattainment and unclassifiable areas will be 

effective no later than January 2012. However, EPA intends to complete initial 

designations as soon as possible where data are sufficient from existing monitoring 

network. 

• States are required to submit State Implementation Plans outlining how they will reduce 

pollution to meet the standards no later than June 2013. 

• States are required to meet the standards no later than January 2017. 

LEAD AND PUBLIC HEALTH 

• Lead that is emitted into the air can be inhaled or, after it settles out of the air, can be 

ingested. Ingestion of lead that has settled onto surfaces is the main route of human 

exposure to lead originally released into the air. 

• Once in the body, lead is rapidly absorbed into the bloodstream and results in a broad 

range of health effects. 

• Children are most vulnerable to the damaging effects of lead because they are more likely 

to ingest lead due to hand-to-mouth activity and their bodies are developing rapidly. 

• No safe level oflead in the blood has been identified. 

• Effects in children include: 

• Effects on the developing nervous system including the brain. This can lead to IQ 

loss, poor academic achievement, permanent learning disabilities, and delinquent 

behavior. The effects can generally persist into early adulthood and can affect 

lifetime education and achievement. 

• Damage to red blood cells 

• Weakened immune system 

• Effects in adults include: 

• Increased blood pressure 

• Cardiovascular disease 

• Decreased kidney function 

4 
HEALTH BENEFITS AND COSTS 

• The Clean Air Act prohibits EPA from considering costs in setting or revising National 

Ambient Air Quality Standards. To inform the public, the Agency analyzes the benefits 

and costs of meeting the standards as required by Executive Order 12866 and guidance 

from the White House 0 ffice of Management and Budget. 

• To estimate the costs of meeting the final NAAQS, EPA analyzed the cost of using both 

existing controls and controls that may be developed in the future for reducing lead from 

industrial sources. 

• EPA estimates that at full implementation of the final lead NAAQS in 2016, the costs in 

that year will be approximately $150 million to $2.8 billion. 

• To estimate the benefits of meeting the revised lead standards, EPA used peer-reviewed 

studies of health and welfare etTects, and peer-reviewed studies of the dollar values 

of public health improvements. 

• EPA calculated the benefits of avoiding IQ loss for children under age seven that would 

result from a revised lead NAAQS. Because expected lifetime earnings are related 

to IQ, we describe benefits as an expected increase in lifetime earnings at full 

implementation of the NAAQS in 2016. The estimate also includes co-benefits 

associated with other health improvements expected to occur as a result of fine 

particulate matter reductions resulting from controls applied to reduce lead levels. EPA 

estimates the revised standards will yield benefits between $3.8 billion to $6.9 billion. 

BACKGROUND 

• The Clean Air Act requires EPA to set national ambient air quality standards (NAAQS) 

for "criteria pollutants," which include lead, ozone, nitrogen oxides, carbon monoxide, 

sulfur oxides, and particulate matter. The law also requires EPA to periodically review 

the standards and revise them if appropriate to ensure that they provide the requisite 

amount of health and environmental protection. 

• In response to a case filed by the Missouri Coalition for the Environment, the U.S. 

District Court for the Eastern District of Missouri in September 2005 ordered EPA to 

complete the lead NAAQS review by Sept. I, 2008. The court agreed on April29, 2008 

to extend the deadline for signature of the final rule until Sept. 15, 2008. The court agreed 

on July I, 2008 to further extend the signature deadline until October I5, 2008. 

• Lead is a metal found naturally in the environment and present in some manufactured 

products. The major sources oflead air emissions have historically been motor vehicles 

(such as cars and trucks) and industrial sources. Motor vehicle emissions have been 

dramatically reduced with the phase-out of leaded gasoline, but lead is still used as an 

5 
additive in general aviation gasoline used in piston-engine aircraft and remains a trace 

contaminant in other fuels. 

• Larger industrial sources oflead emissions currently include metals processing, 

particularly primary and secondary lead smelters. Lead is also emitted from industries 

such as: iron and steel foundries; primary and secondary copper smelting; industrial, 

commercial, and institutional boilers; waste incinerators; glass manufacturing; and 

cement manufacturing. 

• Only two areas, the East Helena, Mont., area (including Lewis and Clark County), and 

Herculaneum, Mo. (in Jefferson County) are designated nonattainment for the current 

national ambient air quality standards for lead. The industrial facility contributing to the 

lead problem in the East Helena area closed in 200 I. 

• The United States has made tremendous progress in reducing lead concentrations in the 

outdoor air. Nationwide, average concentrations of lead in the air have dropped nearly 94 

percent between 1980 and 2007. Much of this dramatic improvement occurred as a result 

of the permanent phaseout of lead in gasoline. However, lead continues to be emitted 

into the air from many different types of stationary and piston engine aircraft. 

• In addition to dramatically decreased airborne lead concentrations, another indicator of 

progress in the reduction of airborne lead in the environment is the drop in children's 

blood lead levels over time. Since the late 1970s, average blood lead concentration for 

children aged I to 5 have dropped significantly, from about 15 micrograms per deciliter 

(!lg/dL) to less than 2 11g/dL. However, new studies show that health effects occur even 

at very low blood lead levels. 

FOR MORE INFORMATION 

• To download a copy of the final rule, go to EPA's Web site at: 

http://epa.gov/air/lead/actions.html 

• For more information about lead in the air, go to EPA's Web site at: http://epa.gov/air/lead/ 

6 
Revised Direct Testimony- Lead Infrastructure SIP 

Neal Butt 

SLIDE I. INTRODUCTION 

.AQD EXHIBIT 

~ 5 

I 

Good evening Mr. Hearing Officer, Madame Chair and Members of the Board, 

my name is Neal Butt, I ain an Environmental Health Scientist with the Control 

Strategies Section of the Air Quality Division; I am here to present testimony In The 

Matter Of The Petition To Adopt A State Implementation Plan (SIP) For Lead To 

Address Sections 11 O(a)(l) And (2) Of The Federal Clean Air Act (CAA), 42 U.S.C. § 

7410(a)(l) And (2) Hereafter Referred To As The "Lead Infrastructure SIP" which 

address the new !-hour lead National Ambient Air Quality Standard (NAAQS). 

SLIDE 2. REQUIREMENTS 

The revised NAAQS for lead was signed on October 15, 2008 and published in 

the Federal Register on November 12,2008 [FR Vol. 73, No. 219, 66964-67062]. 

"Pursuant to Sections IIO(a)(l) and IIO(a)(2) of the CAA, each state is required 

to submit a plan (State Implementation Plan or "SIP") for the implementation, 

maintenance, and enforcement of a newly promulgated or revised NAAQS", within three 

years of the promulgation of such a standard by the United States Environmental 

Protection Agency (EPA). "Although the effective date of the Federal Register notice for 

the final rule was January 12, 2009, the rule was signed by the Administrator and 

publicly disseminated on October 15, 2008. Therefore, the deadline for submittal of 

infrastructure SIPS for the 2008 Pb NAAQS was October 15, 2011." 

"Section II O(a)(2) specifies the elements and sub-elements that are required in order for 

the EPA to determine that an infrastructure SIP submittal is complete. Specifically, each 

state should include documentation demonstrating a correlation between each 

infrastructure element and an equivalent state statutory or regulatory authority in the 

existing or submitted SIP. At a minimum, a complete submittal is a letter from an 

appropriate state official (e.g. Governor or designee) certifying compliance with each 

element which has gone through state notice and hearing procedures. To meet the 

requirements of Sections IIO(a)(I) and II O(a(2), a SIP submittal should include a 

detailed explanation ofhow the state's SIP meets each applicable requirement of Section 

IIO(a)(2)". 

"Many of the Section II O(a)(2) SIP elements relate to the general information and 

authorities that constitute the 'infrastructure' of a state's air quality management 

program, and these have been in place since the initial SIPs were submitted in response to 

the 1970 CAA." 

"Section II 0 (a)(2) of the CAA directs all states to develop and maintain an air quality 

management infrastructure that includes: enforceable emission limitations, an ambient 

[air quality] monitoring program, an enforcement program, air quality modeling 

capabilities, and adequate personnel, resources, and legal authority. 
"Subsections (A) through (M) of Section 110(a)(2) set forth the infrastructure elements 

that a SIP should address, in order to be approved by EPA." 

The proposed Infrastructure SIP outlines how Albuquerque and Bernalillo County will 

implement, maintain and enforce the revised lead NAAQS. This proposed SIP must be 

adopted by the Albuquerque- Bernalillo County Air Quality Control Board (Air Board) 

for it to be included as part of New Mexico's state implementation plan. If the 

Infrastructure SIP is adopted by the Air Board and approved by EPA, it will provide a 

federally enforceable written confirmation of how Albuquerque and Bernalillo County 

will continue to comply with 'each applicable requirement of Section 110(a)(2)' of the 

CAA for the lead NAAQS. 

SLIDE 3. LEAD 

Lead is a naturally occurring, soft, bluish-gray heavy metal. It can be present in 

outdoor and indoor air. Lead in outdoor air comes mainly from industrial sources (e.g., 

smelters, waste incinerators, utilities, and lead-acid battery manufacturers). Wind-blown 

soil and road dust also may contain naturally occurring lead as well as lead from 

industrial sources, deteriorated paint, and the combustion ofleaded gasoline and aviation 

fuel. The inhalation or ingestion oflead-containing particles can result in lead poisoning, 

which has been associated with a number of short term (acute) and long term (chronic) 

adverse health effects. 

In 1978, the EPA promulgated the first national ambient air quality standard for 

lead of 1.5 micrograms per cubic meter (J.tp'm\ This standard was not revised until 

2008, when EPA lowered it to 0.15 (J.tg/m ). EPA based its revision of the standard on 

scientific evidence about lead and health that had expanded dramatically since EPA 

issued the initial standard in 1978. More than 6,000 new studies on lead health effects, 

environmental effects and lead in the air have been published since 1990. See AQD 

Exhibit 4 (United States Environmental Protection Agency, Fact Sheet- Final Revisions 

to the National Ambient Air Quality Standard for Lead EPA, 2008). Evidence from 

health studies show that adverse effects from lead exposure occur at much lower levels 

than previously thought. 

SLIDE 4. LEAD IN NEW MEXICO 

There are currently no major point sources oflead inN ew Mexico and only 

around 0.5 tons per year (tpy) oflead emitted statewide from area and point sources 

combined (based on the 2005 National Emission Inventory database). Due to the phasing 

out since 1975 oflead additives in gasoline, mobile sources are no longer a significant 

contributor to lead emissions throughout the United States. Since the discontinued use of 

lead in gasoline, the only major contributor to lead emissions in New Mexico was the 

Asarco lead smelter located near the Texas-New Mexico state line in EI Paso, Texas. 

The smelter was officially closed in 2009. New Mexico, including Bernalillo County, 

has been designated as "unclassifiable/attainment" by EPA. [See FR Vol. 76, No. 225, 

72097-72120, 11122/11] 
SLIDE 5. PROPOSED LEAD INFRASTRUCTURE SIP 

A state implementation plan identifies how the state will attain and maintain the 

primary and secondary NAAQS. A state implementation plan typically contains 

regulations, source-specific requirements, non-regulatory items such as plans and 

inventories, and in some cases additional requirements promulgated by EPA. The initial 

SIPs for states were approved by EPA on May 31, 1972. A state may revise its SIP with 

EPA approval as necessary. The federally enforceable SIP for New Mexico (including 

Bernalillo County) is compiled at 40 CFR Part 52, Subpart GG. 

The current infrastructure elements of the SIP are sufficient to ensure 

implementation and enforcement of the revised lead NAAQS. The proposed lead 

Infrastructure SIP therefore consists of a demonstration of the sufficiency of the existing 

SIP outlined in a matrix which itemizes the requirements of Sections IIO(a)(2)(A) 

through (M) of the federal Clean Air Act (CAA) and addresses how Albuquerque and 

Bernalillo County will implement, maintain and enforce the 2008 lead NAAQS. These 

elements include: 

Section IIO(a)(2)(A): Emission limits and other control measures 

Section IIO(a)(2)(B): Ambient air quality monitoring/data system 

Section IIO(a)(2)(C): Programs for enforcement, PSD, and NSR 

Section II O(a)(2)(D)(i): Interstate transport provisions 

Section IIO(a)(2)(D)(ii): Interstate and International transport provisions 

Section IIO(a)(2)(E): Adequate personnel, funding, and authority 

Section II O(a)(2)(F): Stationary source monitoring and reporting 

Section II O(a)(2)(G): Emergency Episodes 

Section II O(a)(2)(H): Future SIP revisions 

Section II O(a)(2)(I): Nonattainment area plan or plan revision Under Part D 

Section IIO(a)(2)(J): Consultation with government officials, public notification, PSD and 

visibility protection 

Section II O(a)(2)(K): Air quality modeling I data 

Section II O(a)(2)(L): Permitting fees 

Section IIO(a)(2)(M): Consultation/participation by affected local entities 

The Air Quality Division is not proposing any additional regulations or requirements in 

conjunction with the proposed Lead Infrastructure SIP. The purpose of the Lead 

Infrastructure SIP is to provide EPA with a synopsis of the Air Quality Division's 

capabilities to implement, maintain, and enforce the lead NAAQS as outlined under the 

requirements of Sections IIO(a)(2)(A) through (M) of the CAA. 

SLIDE 6. GUIDANCE. 

On June 17,2011, the EPA released a DRAFT memorandum providing guidance 

to states on infrastructure SIPs for the 2008 lead NAAQS. The proposed infrastructure 

SIP complies with this draft guidance to the extent possible. Then on October 14, 20 II, 
EPA released the FINAL version of their guidance, shown as AQD Exhibit #6. No 

substantive differences were apparent between the draft and final guidance; therefore, no 

substantive changes were made to the proposed draft Infrastructure SIP in response to the 

final guidance. 

The final guidance provides that: "If a state determines that its existing SIP is adequate, 

then the state's SIP submittal may be a certification that the existing SIP contains 

provisions addressing all requirements of the Section II O(a)(2) infrastructure elements as 

applicable for the 2008 Pb NAAQS. Such certification (e.g. in the form of a letter to the 

EPA from the governor or her/his designee) should cite the applicable provisions in the 

existing SIP. As for all SIP submittals, Section 110(1) directs the state to provide 

reasonable public notice and opportunity for public hearing on a 'certification letter' prior 

to submission to the EPA." Therefore, a draft letter from the Governor of New Mexico, 

Susana Martinez, to Dr. Armendariz, Regional Administrator for EPA Region VI, is 

included along with the SIP submittal, and is shown as AQD Exhibit 9. In addition, 

public notice requirements have been met as evidenced by AQD Exhibits 2a, 2b, & 2c. 

SLIDE 7. IMPACT 

Outreach was conducted for the proposed Lead Infrastructure SIP in the form of 

public notices [AQD Exhibit# 2a, 2b, & 2c]. The Air Quality Division did not receive 

any comments from the public, only from EPA [shown as AQD Exhibit 3]. 

The Air Quality Division does not foresee any adverse impact that the proposed 

SIP would have on the citizens or businesses of New Mexico. The proposed SIP is 

simply an overview of what Albuquerque-Bernalillo County currently has in its overall 

State Implementation Plan as relevant to the implementation, maintenance and 

enforcement of the lead NAAQS. No additional regulations or requirements are being 

placed on the regulated community with the proposed Lead Infrastructure SIP, only upon 

the Air Quality Division, in the form of additional monitoring, record keeping and 

reporting. (See fact sheet [AQD Exhibit 4] for details and see§ !IO(a)(2)(8) in the 

proposed Lead Infrastructure SIP [AQD Exhibit Ia] for details on implementation). 

SLIDE 8. CONCLUSION 

This concludes my testimony and I would like to have Exhibits I through 9 

moved into the record; and I stand for questions. 
MEMORANDUM 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

RESEARCH TRIANGLE PARK, NC 27711 

OFFICE OF 

AIR QUALITY PLANNING 

NID STANOARDS 

SUBJECT: Guidance on Infrastructure State Implementation Plan (SIP) Elements Required 

Under Sections l!O(a)(l) and IIO(a)(2) for the 2008 Lead (Pb) National Ambient 

Air Quality Standards (NAAQS) 

TO: Regional Air Division Directors, Regions I - 10 

This guidance addresses the "infrastructure" elements for SIPs to meet the requirements of 

sections IIO(aXI) and IIO(aX2) of the Clean Air Act (CAA) for the 2008 Pb NAAQS. On 

October IS, 2008, the U.S. Environmental Protection Agency (EPA) revised the primary and 

secondary Pb NAAQS from 1.5 micrograms per cubic meter (fJgfm3

) to 0.1 5 fJg/m3• Pursuant to 

sections IIO(a)(l) and llO(aX2) of the CAA, each state is required to develop and submit a plan 

to provide for the implementation, maintenance, and enforcement of a newly promulgated or 

revised NAAQS. 

The CAA directs states to address basic air quality management infrastructure requirements to 

ensure attainment and maintenance of the NAAQS. The attachment to this memorandum 

summarizes each of these requirements. The CAA provides that states are to submit to EPA SIPs 

addressing the requirements of sections II O(a)(l) and II O(a)(2) within three years of 

promulgation of a new or revised standard. 1 The EPA recognizes that many of the required 

section IIO(a)(2) elements relate to the general information and authorities that constitute the 

infrastructure of a state's air quality managemen1 program - elements that have been in place 

since the initial SIPs were submitted in response to the Clean Air Act of 1970 and some required 

elements may have been adopted to satisfy the infrastructure SIP requirements for the 1997 PM2,, 

1997 8-hour ozone, and 2006 PM2.5 NAAQS. It is the responsibility of each state to review its air 

quality management program's infrastructure SIP provisions in light of each new or revised 

NAAQS. 

Determining Completeness of State Submittals 

Pursuant to section IIO(a)(l), states will have to review and revise, as appropriate, their existing 

Pb NAAQS SIPs to ensure that the SIPs are adequate to address the 2008 Pb NAAQS. States 

1 Although lhe effective date of lhe federal Register notice for the final rule was January 12, 2009, the rule was 

signed by the Administrator and publicly disseminated on October IS, 2008. Therefore, the deadline for submittal of 

infrastructure SIPs for lhe 2008 Pb NAAQS is October 15,2011. 

lnlamet Addrea (URL) • http:/lwww.opa.ga¥ 

Rocycl-cloblo•PMtodw .. V-OIIBuedl'*"on ----25"-
should, in consultation with the EPA Regional Offices, refer to applicable EPA regulations 

governing SIP submittals per 40 CFR Part 51. 

These regulations include, but are not limited to: 

• Subpart 1- Review of New Sources and Modifications 

• Subpart J- Ambient Air Quality Surveillance 

• Subpart K- Source Surveillance 

• Subpart L- Legal Authority 

• Subpart M- Intergovernmental Consultation 

• Subpart 0 -Miscellaneous Plan Content Requirements 

• Subpart P- Protection of Visibility 

• Subpart Q- Reports. 

If a state determines that its existing SIP is adequate, then the state's SIP submittal may be a 

certification that the existing SIP contains provisions addressing all requirements of the 

section IIO(a)(2) infrastructure elements as applicable for the 2008 Pb NAAQS. Such 

certification (e.g., in the form of a letter to the EPA from the Governor or her/his designee) should 

cite the applicable provisions in the existing SIP. As for all SIP submittals, section 11 0(1) directs 

the state to provide reasonable public notice and opportunity for public hearing on a certification 

letter prior to submission to the EPA. 

• Section II O(a)(2) specifies the elements and sub-elements that are required in order 

for the EPA to determine that an infrastructure SIP submittal is complete. Specifically, 

each state should include documentation demonstrating a correlation between each 

infrastructure element and an equivalent state statutory or regulatory authority in the 

existing or submitted SIP. At a minimum, a complete submittal is a letter from an 

appropriate state official (e.g., Governor or designee) certifying compliance with each 

element which has gone through state notice and hearing procedures. To meet the 

requirements of sections liO(aXl) and llO(aX2), a SIP submittal should include a 

detailed explanation of how the state's SIP meets each applicable requirement of 

section 110(a)(2). Where a SIP submittal does not meet the requirements of those 

CAA provisions, a letter should be sent to the state notifying it of the finding of 

incompleteness. EPA's criteria for determining the completeness of a SIP submittal are 

set out in EPA's regulations at 40 CFR Part 51. Aopendix V. A state's obligation to 

make an infrastructure SIP submittal that addresses one or more infrastructure SIP 

elements cannot be fulfilled through a letter from the state that merely promises a 

future submittal. 

EPA has determined that the elements and sub-elements of section 11 O(aX2) with respect to the 

2008 Pb NAAQS are, for the most part, severable. For example: 

• SIP submittals that address some but not all elements or sub-elements of 

section II O(a)(2) should be found incomplete for the unaddressed elements or subelements. 
infrastructure SIP revision. In order for EPA to make a determination as to whether a 

subsequent infrastructure SIP submittal is complete, the state only needs to submit 

those elements that were earlier found not to have been submitted. 

A finding that an infrastructure SIP submittal is complete does not necessarily mean that the 

submittal is approvable, because the completeness review only addresses whether the state has 

provided information sufficient to warrant formal EPA review for approvability. Section II O(k) 

directs EPA to take final action on a SIP submittal within one year after the SIP is determined to 

be complete. If EPA makes an affirmative finding that a SIP submittal is complete, the date of the 

finding establishes the "completeness date" for the submittal; if EPA makes no finding the 

submittal is deemed complete, by operation of law, on the date six months after the submittal 

date. Actions on a SIP submittal may include approval (full, partial, or conditional) and 

disapproval (full or partial). 

The obligations of EPA to promulgate a federal implementation plan (FIP) are set out in 

section 11 0( c) of the CAA. EPA's obligation to promulgate a FIP for a state is triggered if EPA 

takes any of the following actions associated with the required SIP: I) EPA makes a finding that a 

state has failed to make a SIP submittal; 2) EPA makes a finding that a state has made an 

incomplete submittal; or 3) EPA disapproves a SIP submittal. If EPA takes one of these actions, 

section I I 0( c) directs EPA to take further action within two years, under what is commonly 

referred to as the "FIP clock." In order to remove EPA from the FJP obligation, a state SIP 

submittal must meet the applicable requirements and be approved by EPA. 

We acknowledge that there have been significant delays in issuing this guidance. This is due in 

part to legal and other issues raised by outside parties over the past two years regarding actions on 

a range of infrastructure SIP issues for other pollutants. It was our desire to address as many of 

those issues as possible in this memorandum. We recognize that many states have been moving 

forward to develop these infrastructure plans, and this guidance is intended to help them complete 

this process. We will work to assist states in the development and completion of these plans so 

they may be submitted as soon as possible. 

Please ensure that the appropriate air agency officials for states in your Region are made aware of 

this guidance. 

For Further Information 

If you have any questions concerning this guidance, please contact Mia South at (919) 541-5550 

or by email at south.mia@epa.gov, or Lisa Sutton at (919) 541-3450 or by email at 

sutton.Iisa@epa.gov. 

Attachment 

cc: Anna Marie Wood 

Scott Mathias 

Rich Damberg 

Kevin McLean 

Sara Schneeberg 

Geoffrey Wilcox 

David Orlin 
Guidauce ou Sectiou 110 lufrastrudure SIPs 

for the 2008 Pb NAAQS 

Table ofCouteuts 

Attachment 

Required Section 110 Infrastructure Elementl .................................................. __ ................. l 

Sediou IIO(a)(2)(A): Emisslou Hmits aud other coutrol measures .•.•..••.•••....•••••• - •••...••..•.•.•.• 2 

Sectlou IIO(a)(2)(B): Ambieut air quaHty moultoriugldata system •••.••..•.•.•...•..••••••• ·-··········;4 

Sectlou IIO(a)(2)(C): Programs for euforcemeut, PSD, aud NSR ···························--····· ...... 5 

Sediou IIO(a)(2)(D)(I}: Iutentate trausport provlsious ••.•.•••.• - .............................................. 7 

Sediou IIO(a)(2)(D)(II}: Iutentate aud Iuteruatioual trausport provlslous ........................... 9 

Sedlou IIO(a)(2)(E): Adequate penouuel, fuudlug, aud authority ····················-··-······· ..... 10 

Sectiou II O(a}(2)(F): Stadouary source mouitoriug aud reporting ...................................... l2 

Sectiou IIO(a)(2)(H): Future SIP revlslous •••••••••••••.•.....•.•.•.•.•••••••••.•.••••••••.••.•.••.•••••.•.•.•..•••••. l4 

Secdou IIO(a}(2)(1): NouattaJumeut area piau or piau revislou Uuder Part 0 ••••.•••.••••••••••. 14 

Sectiou IIO(a}(2)(J): Cousultatiou with goverumeut officials, pubHc uotiflcadou, 

PSD and vlsibiUty protection ....................................................................................... 14 

Secdoo IIO(a)(l)(K): Air quaUty modeHng/data ................................................................... 15 

Section llf)(a)(l)(L): Permitting fees ..................................................................................... 16 

Sectlou 110(a)(2)(M): Coundtadou/pardclpatiou by affected local eutlties •••••••• ----·········16 
Attachment 

Required Section 110 Infrastructure SIP Elements 

The Clean Air Act (CAA) directs states to address basic State Implementation Plan (SIP) 

requirements to implement, maintain and enfurce the national ambient air quality standards (NAAQS). 

Under CAA sections I JO(a)(l) and I JO(a)(2), states are to submit these SIPs within three years after 

promulgation of a new or revised standard. Many of the section I I O(a)(2) SIP elements relate to the 

general infurmation and authorities that constitute the "infrastructure" of a state's air quality management 

program, and these have been in place since the initial SIPs were submitted in response to the 1970 CAA 

It is the responsibility of each state to review its air quality management program's infrastructure SIP 

provisions in light of each new or revised NAAQS. 

States should review and revise, as appropriate, their existing infrastructure SIPs to ensure that 

they are adequate to address the 2008 Pb NAAQS. States should, in consultation with U. E. 

Environmental Protection Agency (EPA) Regional Offices, follow applicable EPA regulations governing 

infrastructure SIP submittals in 40 CFR Part 51 - e.g., Subpart I ("Review ofNew Sources and 

Modifications"), Subpart J (Ambient Air Quality Surveillance), Subpart K (Source Surveillance), Subpart 

L (Legal Authority), Subpart M ("Intergovernmental Consultation"), Subpart 0 (Miscellaneous Plan 

Content Requirements), Subpart P ("Protection of Visibility"), and Subpart Q ("Reports"). 

For many infrastructure SIP elements, a SIP submittal should refer to and include citations to 

relevant state regulations. See guidance below regarding elements (F), (H), (J), and (M). For EPA's 

general criteria fur infrastructure SIP submittals, refer to 40 CFR Part 51. Appendix V, "Criteria for 

Determining the Completeness of Plan Submissions." 

For example, in accordance with Appendix V, paragraph 2.1(d), an infrastructure SIP submittal 

would include a copy of the actual regulation that the state is submitting for approval and incorporation 

by reference into its SIP, if a copy of that regulation has not already been provided by the state. 

Pursuant to section II 0( a), states must provide reasonable notice and opportunity fur public 

hearing fur all infrastructure SIP submittals. Pursuant to EPA's regulations at 40 CFR Part 51, an 

infrastructure SIP submittal will include a certification by the state that the public hearing was held in 

accordance with EPA's procedural requirements fur public hearings. See 40 CFR Part 51 APPendix V 

U(g) and 40 CFR 51.102. If a state believes that its existing approved infrastructure SIP is adequate 

with regard to specific elements, then the state's SIP submission may be a certification that the existing 

SIP contains provisions addressing the relevant section II 0( a)(2) infrastructure elements as applicable fur 
Attachment 

the 2008 Pb NAAQS. Such certification (e.g., in the funnofa letter to EPA from the Governor or her/his 

designee) should cite the applicable provisions in the existing infrastructure SIP and provide a specific 

description of how compliance with each element is achieved. A state's certification made in connection 

with the 2008 Pb NAAQS should be included in a SIP submittal only after the state has provided public 

notice and opportwlity fur public hearing on its certification. 

Section IIO(a)(2) of the CAA directs all states to develop and maintain an air quality management 

infrastructure that includes enfOrceable emission limitations, an ambient nxmitoring program, an 

enfOrcement program, air quality modeling capabilities, and adequate perliOIUlel, resources, and legal 

authority. Section II O(a)(2)(D) also directs SIPs to prevent emissions from within the state that 

contribute significantly to nonattainment in any other state, or that interfere with maintenance in any 

other state, or that interfere with programs under part C of the CAA to prevent significant deterioration of 

air quality or to protect visibility in any other state. 

Two elements identified in section IIO(a)(2) are not governed by the 3-year submission deadline 

of section IIO(a)(I). The elements pertain to part D, in Title I of the CAA, which addresses plan 

requirements fur nonattainment areas. Therefure, the fullowing section II O(a)(2) elements are considered 

by EPA to be outside the scope of infrastructure SIP actions: (I) section IIO(a)(2)(C) to the extent it 

refers to penni! programs (known as "nonattainment new source review") Wlder part D; and 

(2) section II 0( a)(2)(1) in its entirety. EPA does not expect infrastructure SIP submittals to include 

regulations or emission limits developed specifically fur attaining the relevant standard. Those submittals 

are due at the time the nonattainment area planning elements are due ( 18 months fOllowing designation). 

Except as described above, subsections (A) through (M) of section II O(a)(2) set furth the 

infrastructure elements that a SIP should address, in order to be approved by EPA. The elements are 

presented below in context of the 2008 Pb NAAQS. 

Section llO(a)(l)(Al: Emission limits agd other control measures 

··Each such plan shall[. . .] include enforceable emission limitations and other control 

measures, means, or techniques (including economic incentives such as fees, marketable 

permits, and auctions of emissions rights), as well as schedules and timetables for 

compliance, as may be necessary or appropriate to meet the applicable requirements of 

this chapter. " 

2 
Attachment 

EPA would not expect infrastructure SIP submission to identify nonattainment area emission 

controls. Emissions limitations and other control measures to attain the 2008 NAAQS in areas designated 

nonattainment for the 2008 Pb NAAQS are due on a different schedule from the section II 0 

infrastructure elements and will be reviewed and acted upon through a separate process. However, the 

infrastructure SIP submission may include a list or table referencing any Pb emission reduction measures 

adopted and relied on by the state to meet other CAA requirements, such as maintenance of the 2008 

NAAQS. 

There are two other issues that generally fall under this particular element of section II O(a)(2)(A) 

for which we provide general guidance at this time. They are: (I) how states would need to address 

previously approved emissions limitations that may treat startup, shutdown and malfunction (SSM) 

events inconsistently with our longstanding guidance on excess emissions; and (2) how states would need 

to address previously approved variance provisions and "director's discretion" provisions that do not 

comport with EPA policy. We are discussing options for resolving next steps to be taken on these issues, 

taking into consideration several actions on state provisions relating to SSM and director's discretion in 

which EPA is currently engaged. 1 

Nevertheless, in the meantime EPA wishes to provide infrastructure SIP guidance to the extent 

possible. Therefore, as general guidance, EPA can advise that states not make infrastructure SIP 

submissions that rely on previously approved but potentially flawed provisions. Further, we wish to make 

clear that for infrastructure SIP submissions such as for the 2008 Pb NAAQS, any "new" (i.e., not already 

SIP-approved) provisions should be consistent with EPA's longstanding policies on SSM and director's 

discretion, which are briefly summarized as follows. 2 Because excess emissions might aggravate air 

quality so as to prevent attainment and maintenance of the NAAQS and compliance with other CAA 

requirements, EPA would view all periods of excess emissions as violations of the applicable emission 

limitation. Therefore, new provisions as part of an approvable SIP submittal could not exempt from 

enforcement excess emissions that may occur at a facility during a period of startup or shutdown Further, 

1 See, e.g., SIP• for U!Sh 1111d Nonh Dakota. EPA has also proposed to enter into a settlement agreement that would obligate 

EPA to rCllpOIId by August 31, 2012, to a peritioo for rulemaking filed by the Sierra Club that concerns SSM provisions in 

39 stat .. • SIPs. (See notice publiohed in the Federal Register oo September I, 2011, at 76 FR 54465.) 

'For further description of EPA's policy on SSM and direct..-'s discretion,..., e.g., a memorandum dated September 20, 

1999, entided, "State lmplementatioo Plans: Policy Regarding Exceos Emisaions Owing Mallimctions, Startup, and 

Shutdown," from Steven A. Herman, AssistaDt Administrator for Enforcement and Compliance Assurance, and Robert 

Pen:iasepe, Assistant Administrator for Air and Radiation. 

3 
Attachment 

new provisions as part of an approvable SIP submittal could not automatically exempt from enfOrcement 

excess emissions claimed to result from an equipment malfunction. In addition, new provisions as part of 

an approvable SIP submittal could not allow a state air director the discretion to determine whether an 

instance of excess emissions is a violation of an emission limitation, because such a determination could 

bar EPA and citizens from enfurcing applicable requirements. 

Section 1IQ(a)(2)(8): Ambient air qyallty monitoring/data svstem 

"'Each such plan shall[. . . ] provide for establishment and operation of appropriate 

devices, methods, systems, and procedures necessary to 

(i) monitor, compile, and analyze ®ta on ambient air quality, and 

(ii) upon request, make such data available to the Administrator. " 

To meet section I JO(a)(2)(B) requirements for this NAAQS, the state's monitoring system 

should: 

• Monitor air quality fur Pb at appropriate locations throughout the state using EPA approved 

Federal Reference Method or equivalent monitors, in accordance with recent revisions to the 

Pb monitoring network requirements. See the Lead Ambient Air Monitoring Reouirements. 

December 14. 20 I 0. 

• Submit data to EPA's Air Quality System (AQS) in a timely maniter in accordance with 

EPA's Air Quality data reporting regulations. See 40 CFR 51.320. 

• Submit approvable annual monitoring plans to EPA that describe bow the state has complied 

with monitoring requirements and explain any proposed changes to the network. 

• Provide the EPA Regional Office prior notification of any planned changes to monitoring sites 

or to the network plan. 

4 
Attachment 

Section 110(a)(2)CC); Programs for enfon:ement. PSD. and NSR 

"Each such plan shall[. . .] include a program to provide for the enforcement of the 

measures described in subparagraph (A), and regulation of the modification and 

construction of any stationary source within the areas covered by rhe plan as necessary 

to assure that national ambient air quality standards are achieved, including a permit 

program as required in parts C and D of this subchapter. " 

The Prevention of Significant Deterioration (PSD) and nonattainment New Source Review 

(NNSR) programs contained in parts C and D of Title I of the CAA, and collectively referred to as the 

major New Source Review (NSR) program, govern preconstruction review and permitting of any new or 

modified major stationary sources of air pollutants regulated under the CAA as well as any precursors to 

the formation of that pollutant when identified for regulation by the Administrator.3 The EPA rules 

addressing these programs can be found generally at 40 CFR 51.166 and 40 CFR 52.21 (for PSD}, and 1Q 

CFR 51.165, 40 CFR 52.24. and Part 51. A(lpendix S !for NNSR>. 

Essential to the approvability of infrastructure SIP elements (C) and (J) is the approvability of a 

state's PSD program in its entirety. To meet section II O(a)(2)(C) requirements for the Pb NAAQS, the 

infrastructure SIP submittal should: 

• Reference relevant state and federal regulations that provide for enforcement of Pb emission 

limits and control measures. 

• Identify the various state regulations that govern permitting of new and modified stationary 

sources (minor and major) ofPb in the state. 

• Incorporate its PSD program regulations to address any applicable EPA amendments to Pb 

PSD rules within 3 years from the date of such amendments. 

For areas subject to a state's SIP-approved PSD program, the state should demonstrate that it is 

authorized to implement its existing PSD permit program to ensure that the construction and modification 

of major stationary sources does not cause or contribute to a violation of the Pb NAAQS. The state's PSD 

program should ensure that new or modified sources will apply the Best Available Control Technology to 

reduce Pb emissions in accordance with CAA sections 165 (a)(J) and (4). 

1 The terms "major'' and "minor'' categorize a slatiooary source, for NSR applicability purposes, in terms of an annual 

emissions rate (tons per year, tpy) for a pollutanL Gmerally, a minor source is aoy source that is not "major." "Major" is 

defined in the applicable NSR regulati005-PSD or oooatlainment NSR. 

5 
Attachment 

States need to have in place a PSD program that applies to aU regulated NSR poUutants, 

including GHG. The state's PSD program should apply to sources that emit greenhouse gases (GHG) in 

accordance with EPA's Tailoring Rule.• Among other things, the state's PSD program must either: 

(i) limit PSD applicability to GHG-emitting sources by adopting the applicability thresholds included in 

the Tailoring Rule; or (ii) adopt lower GHG thresholds and show that the state has adequate personnel 

and funding to administer and implement those lower thresholds. Otherwise, the state is directed to 

remove from EPA's consideration !Or approval that portion of the SIP (or SIP submission) for which 

EPA rescinded our previous approval of the PSD program (in a rulemaking referred to as the "GHG PSD 

SIP Narrowing Rule"). 5 To request such removal, a state may choose to fullow the example of the letter 

request submitted by South Carolina. 6 

Until a state has adopted a comprehensive program, its infrastructure SIP would not be 

approvable with respect to CAA Section 110(a)(2)(C) or (J). !fa state lacks a SIP-approved PSD 

program, it is subject to a federal implementation plan (FIP), and major stationary sources within its 

jurisdiction are subject to the federal PSD requirements in 40 CFR 52.21. Some states are subject to a FIP 

!Or PSD permitting of all regulated NSR pollutants, and fewer states are subject to a FIP fur PSD 

permitting that is limited to GHG. For sources subject to a FlP fur PSD permitting, either the EPA 

Regional Office or the state acting as EPA's delegate is the permitting authority. EPA recognizes that 

many states have been implementing a PSD FIP program fur some time. When a state is already subject 

to a FIP fur PSD permitting (whether or not the state has been delegated authority to implement the PSD 

FIP), and EPA disapproves this element of the state's infrastructure SIP submittal, we expect the 

permitting authority would simply continue implementation of the PSD FIP, and EPA would have no 

additional FIP obligations. In addition, the state would not be subject to any potential mandatory 

sanctions in connection with such disapprova~ as such sanctions do not apply to infrastructure SIP 

deficiencies. 

Minor NSR programs are subject to the statutory requirements in section 110(a)(2){C) of the 

CAA which requires" ... regulation of the modification and construction of any stationary source ... as 

' Prevention of Significant Deurioration and Title V Greenhouse Gas Tailoring Rule; Final Rule. 75 FR J I 514 (JIUie 3, 

2010). 

' limitation of Approval ofPreventioo of Significant Deterioration Provisions Concerning Grccnhol190 Ga. Emitting Sources 

in State Implementation Plans; Final Rule, 75 FR 82536 (December 30, 2010). 

• South Carolina's Jetter request can be fuund at ht!p://www,regularions.gov. at EP A-R04-0AR-2010-0721-0006. 

6 
Attachment 

necessary to assure that the [NAAQS] are achieved." These programs should be established in each state 

within three years of the promulgation of a new or revised NAAQS, and may be particularly important 

because virtually all sources oflead are minor sources. 

To date, EPA has not proposed to amend the PSD regulations with regard to the Pb NAAQS. 

EPA does recognize that certain provisions of these regulations still may need to be evaluated and 

potentially revised in light of the 2008 Pb NAAQS. See for example, provisions 40 CFR Part 

51. 166(i)(5l(i)(g) ("the emissions increase of the pollutant from a new stationary source or the net 

emissions increase of the pollutant from a modification would cause, in any area, air quality impacts less 

than the following amounts: ... Lead--0.1 ~~m3, 3-month average);" 40 CFR 166 lb)(23lli) 

("Significant means, in reference to a net emissions increase or the potential of a source to emit 

any of the following pollutants, a rateofemissions that would equal or exceed any of the following rates: 

... Lead: 0.6 tpy"). EPA also is planning to issue Pb modeling guidance to supplement the guidance 

contained in EPA's Guideline on Air Quality Models ( 40 CFR Part 51. Appendix S ), which will assist 

states and prospective sources in carrying out the analyses necessary to satisfY the PSD requirements for 

Pb. 

Section llO(a)ll)(D)(l): Interstate transvort provisions 

"Each such plan shall[. .. ] contain adequate provisions: 

(i) prohibiting, consistent with the provisions of this subchapter, any source 

or other type of emissions activity within the state from emitting any air 

pollutant in amounts which will-

(ii) contribute significantly to nonattainment in, or 

(iii) interfere with maintenance by. any other state with respect to any such 

national primary or secondary ambient air quality standard, or interfere 

with measures required to be included in the applicable implementation 

plan for any other state under part C of this subchapter to prevent 

significant deterioration of air quality to protect visibility. " 

Section II O(a)(2)(D)(i) provides for infrastructure SIPs to include provisions prohibiting any 

source or other type of emissions activity in one state from contnbuting significantly to nonattainment, or 

interfering with maintenance, of the NAAQS in another state. (The preceding requirements, from 

subsection (2)(D)(i)(l), respectively refer to what may be called prong~~ I and 2.) Further, this section 

7 
Attachment 

directs infrastructure SIPs to include provisions prohibiting any source or other type of emissions activity 

in one stale from interfering with measures required to prevent significant deterioralion of air quality, or 

from interfering with measures required to protect visibility (i.e., measures to address regional haze) in 

any state. (The preceding requirements, from subsection (2)(0)(i)(II), respectively refer to what may be 

called prongs 3 and 4.) 

The physical properties ofPb prevent Pb emissions from experiencing the same travel or 

funnation phenomena as PM2.5 or ozone. More specifically, there is a sharp decrease in Pb 

concentralions, at least in the coarse fraction, as the distance from a Pb source increases. Accordingly, 

while it may be possible fur a so\J.rce in a stale to emit Pb in a location and in quantities that may 

contnbute significantly to nonattainment in, or interfere with maintenance by, any other stale, EPA 

anticipates that this would be a rare situation, e.g., where large sources are in close proximity to stale 

boundaries. 

EPA believes that requirements of subsection (2)(0)(i)(l) (prongs I and 2) could be satisfied 

through a stale's assessment as to whether or not emissions from Pb so.urces located in close proximity to 

their state borders have emissions that impact the neighboring stale such thai they contnbute significantly 

to nonattainment or interfi:re with maintenance in that stale.7 The stales' conclusions could be supported 

by the technical infurmalion or dala used to support the initial area designations fur Pb. Therefure, to 

address prongs I and 2 of section IIO(a)(2)(D)(i)(I) the stale's submission should include an explanation 

in support of the stale's conclusion and, if applicable, should address the impact in their submittal 

Under section I IO(a)(2)(D)(i)(II), the PSD sub-element (prong 3) may be met by the state's 

confirmation in an infrastructure SIP submission that new major sources and major rnodificalions in the 

stale are subject to PSD and (if the stale contains a nonaltainment area fur the relevant pollutant) NNSR 

programs that implement the 2008 Pb NAAQS. 8 

With regard to the requirement of prong 4, Le., visibility under subsection (2)(D)(i)(Il), 

significant impacts from Pb emissions from stalionary sources are expected to be I imited to short 

distances from the source and most, if not all Pb stationary sources are localed a1 distances from Class I 

7 For example, EPA's experience with initial lead desigoations suggesu that sources that emit leu tb1111 0.51py or that are 

located more than 2 miles from a state border gen..-ally appear mtlikely to contribute sigoificanlly 10 nonattainmcou in another 

state. 

8 Mc.-norandlDD issued by William T. Harnett, Director, OAQPS/AQPD, "Guidance on SIP Elements ~uired Uud..-

Sections IIO(a)(l) and (2) liJr the 2006 24-Hour Fine Particle (PMB) National Ambient Air Quality Standarda (NAAQS)." 

daled September 25, 2009. 

8 
Attachment 

areas such that visibility impacts would be negligible. Although Pb can be a component of coarse and 

fme particles, Pb generally comprises a small fraction of coarse and fine particles. Fwthcnnore, when 

evaluating the extent that Pb could impact visibility, Pb-related visibility impacts were found to be 

insignificant (e.g., less than 0.10%) .

9 Although we anticipate that Pb emissions will contnbute only 

negligibly to visibility irnpainnent at Class I areas, the state's submission should include an explanation 

in support of the state's conclusion (and, if applicable, should address the impact in their submittal). 

Where a state's regional haze SIP has been approved as meeting all current obligations, a state may point 

to its approved plan to demonstrate that it meets the requirements of prong 4. 

Section llO(a)(llfD)(Ul; Intentate and International transport provisions 

"Each such plan shall[. . .} contain adequate provisions insuring compliance with the 

applicable requirements of sections 115 or 126 (b) that involve Pb emissions (relating to 

interstate and international pollution abatement)." 

Section 126(a) of the CAA directs each SIP to include provisions requiring a new or modified 

source to notify neighboring states of potential impacts from the source. States with SIP-approved PSD 

programs should have a regulatory provision in place, consistent with 40 CFR 51.166(qlf2l(ivl, that 

requires such notification of other state and local agencies. States relying on the federal program 

requirements of 40 CFR 52.21 fql. which provide for notification of affected state and local air agencies, 

to satisfy this requirement have programs that are technically deficient and not approvable. Although 

these programs are deficient and these states have not "submitted" anything to EPA, EPA would not be 

required to take further action with respect to this element because the federal rules represent a FIP that 

fully addresses the notification issue. In addition, mandatory sanctions would not apply because the 

deficiencies are neither with regard to a required submittal under part D nor in response to an SIP call 

under CAA Section IIO(k)(5). As described in this infrastructure SIP guidance for element (C), such 

states remain obligated to adopt and submit a PSD program for EPA approval that applies to all regulated 

NSR pollutants, including GHG. Until a state provides such a program, its infrastructure SIP would not 

be approvable with respect to section II O(a)(2)(D)(ii). 

0 Analysis by Mark Schmidt, OAQPS, "Ambient Pb's Contributi011to Class 1 Area Visibility Impairment," JIU1c 17, 2011. 

9 
Attachment 

Sections 126(b) and 126(c) of the CAA affect a state only if the Administrator has been petitioned 

to make a finding of violation that is related to either interstate transport or international transport of 

emissions from sources in the state. Thus, unless a state has been the subject of such a petition, the state 

has no continuing obligation under sections 126(b) or 126(c). 

Section 115 of the CAA authorizes the Administrator to require a state to revise its SIP under 

certain conditions to alleviate international transport. Because there are no pending actions pursuant to 

Section 115 of the CAA, EPA has no expectation that the state would need to submit anything in regards 

to Section 115 at this time. 

Section IIQ(a)(l)(E): Adequate penopneL funding. and authority. 

'"Each such plan shall { . . ] provide: 

(i) necessary assurances that the state (or. except where the Administrator deems 

inappropriate. the general purpose local government or governments, or a regional 

agency designated by the state or general purpose local governments for such purpose) 

will have adequate pe~onnel. funding, and authority under state (and, as appropriate. 

local) law to carry out such implementation plan (and is not prohibited by any provision 

of federal or state law from carrying out such implementation plan or portion thereof). 

(ii) requirements that the state comply with the requirements respecting state boards 

under section 128, 

(iii) necessary assurances that, where the stale has relied on a local or regional 

government, agency, or instrumentality for the implementation of any plan provision. the 

state has responsibility for ensuring adequate implementation of such plan provision. " 

The infrastructure SIP should assure that the state has adequate pe~onne/ and funding to 

implement the Pb NAAQS. See EPA's regulations at 40 CFR Part 51, subpart M ("Intergovernmental 

Consultation") and subpart 0 ("Miscellaneous Plan Content Requirements"). For example: 

• In accordance with EPA's regulations at subpart M, the infrastructure SIP should identify the 

organizations that will participate in developing, implementing, and enrorcing the SIP as a 

whole. The infrastructure SIP should identify the responsibilities of such organizations and 

include related agreements among the organizations. See 40 CFR 51.240. "General plan 

requirements." In accordance with EPA's regulations at subpart 0, the infrastructure SIP 

should describe resources !Dr carrying out State programs and requirements. Resources to be 

10 
Attachment 

described include: (I) those available to the state (and local agencies, where appropriate) as of 

the dateofinfrastructure SIP submittal; (2) those considered necessary during the 5 years 

fOllowing infrastructure SIP submittal; and (3) projections regarding acquisition of the 

described resources. See 40 CFR 51.280, "Resources." Further, the infrastructure SIP should 

assure that the state has adequate authority under its rules and regulations to carry out the 

state's SIP obligations with respect to the 2008 Pb NAAQS and to revise the SIP as necessary. 

See EPA's regulations at 40 CFR Part 51, subpart L ( .. Legal Authority") and subpart 0 

("Miscellaneous Plan Content Requirements"). For example: 

• In accordance with EPA's regulations at subpart L, the infrastructure SIP should show that the 

state has the legal authority to carry out the plan; the.provisions of the state's laws or 

regulations that provide that authority are to be specifically identified in the infrastructure SIP, 

and copies of the laws or regulations should be included in the infrastructure SIP submittal 

See 40 CPR sections 51.230 through 51.231. 

• In accordance with EPA's regulations at subpart 0, the infrastructure SIP submittal should 

include copies of rules and regulations that show that the state has adopted the emission 

limitations and other measures necessary fur attainment and maintenance of the 2008 Pb 

NAAQS. See 40 CFR 51.281, "Copies of rules and regulations." 

In accordance with sub-element (ii), the infrastructure SIP should include requirements that the 

state comply with CAA 128. "State Boan!s." 10 Section 128 of the CAA states: 

Sec. 128. (a) Not later than the date one year after the dale of the enactment of this 

section, each applicable implementation plan shall contain requirements that-

(/)any board or body 'lfflich approves permits or enforcement orders under this 

Act shall have at/east a mqjority of members who represent the public interest and do 

not derive any significant ponion of their Income from persons subject to permits or 

enforcement orders under this Act, and 

(2) any potential coriflicts of interest by members of such board or body or the 

head of an executive agency with similar powers be adequately disclosed. 

10 EPA's operative guidance on lhese SIP requiremeniB can be found in a memorandum dated Man:b 2, 1978, &om David 

Bickart, Depuly General Counsel, to Regional Air Directon, entitled "Guiduu:c to State for Meeting Coatlict of Interest 

Requirements of Section 128." 

I I 
A State may adopt any requirements respecting conflicts of interest for such boards or 

bodies or heads of executive agencies, or any other entities Milich are more stringent 

than the requirements of paragraphs (1) and (2). and the Administrator shall approve 

any such more stringent requirements submitted as part of an implementation plan. 

Attachment 

Finally, the infrastructure SIP should assure that the state retains responsibility for ensuring 

adequate implementation of the state's SIP obligations with respect to the 2008 Pb NAAQS. A state may 

assign responsibility for carrying out a portion of its SIP to a state government agency other than the state 

air pollution control agency, if the SIP demonstrates that such other agency has the necessary legal 

authority. Similarly, the state may authorize a local agency to carry out the SIP or portion of the SIP 

within the local agency's jurisdiction, if the SIP demonstrates that the local agency has the necessary legal 

authority; however, the authorizing state is not relieved of responsibility for carrying out the SIP. See 40 

CFR 51.232. "Assignment oflegal authority to local agencies. • 

Sediop II O(a)(llff): Sgtlonarv source mogjtoriuc aud reuortigg 

"Each such plan shall[. . .] require, as may be prescribed by the Administrator: 

(i) the installation. maintenance. and replacement of equipment, and the 

implementation of other necessary steps, by o1mers or operators of stationary source& to 

monitor emissions/rom such sources, 

(ii) periodic reports on the nature and amounts of emissions and emissionsrelated data/rom such source 

(iii) correlation of such reports by the state agency with any emission limitations 

or standards established pursuant to this chapter, Milich reports shall be available at 

reasonable times for public inspection. " 

The infrastructure SIP should provide citations to the state's regulations for source monitoring, 

recordkeeping, and reporting requirements applicable to Pb, such as the Air Emission Re.portins Rule 

fAERRl. In accordance with EPA regulations at 40 CFR Part 51. suboart K {"Source Surveillance">, the 

infrastructure SIP should identifY State requirements that provide for monitoring the status of sources' 

compliance with the Pb NAAQS. For example, the SIP should include provisions for owners or 

operators of stationary sources to maintain records of emissions and other infonnation as may be 

necessary to enable the state to determine whether the sources are in compliance, and the SIP should 

12 
Attachment 

further include provisions for the sources to periodically report that information to the state. See~ 

CFR 51.2 t t. "Emission reports and recordkeeping." 

In accordance with EPA regulations at 40 CFR Part 51. suboart A ("Air Emissions Reporting 

Requirements") and subpart Q ("Reports"), the responsible state agency should analyze the Pb emissions 

data and correlate such data with applicable emission limitations or standards. The infrastructure SIP 

should identifY state requirements providing for periodic reporting of emissions inventory data by the 

state to the Administrator (through the appropriate Regional Office). See~ CFR 51.321. All reports 

should be made available to the public. 

Section llO!al!ll<Gl: Emel'&enc:y episodes 

"Each such plan shall provide for authority comparable to that in section 303 of this 

Title and adequate contingency plans to implement such authority. " 

Section 303 of the CAA provides authority to the EPA Administrator to restrain any source from 

causing or contn'buting to emissions which present an "inuninent and substantial endangerment to public 

health or welfare, or the environment." As directed Wlder section 110(a)(2)(G), each SIP submittal should 

specifY authority, rested in an appropriate official, to restrain any source from causing or contributing to 

Pb emissions which present an inuninent and substantial endangerment to public health or welfare, or the 

environment. Based on EPA's experience to date with the Pb NAAQS and designating Pb nonattainrnent 

areas, EPA expects that such an event would be unlikely and, if it were to occur, would be the result of a 

malfunction or other emergency situation at a relatively large source of lead. Accordingly, EPA believes 

that the central components of a contingency plan would be to reduce emissions from the source at issue 

(if necessary by curtailing operations) and public communication as needed. In addition, if a state 

believes, based on its inventory of lead sources and historic ambient monitoring data, that it does not 

need a more specific contingency plan beyond having authority to restrain any source from causing or 

contn'buting to an imminent and substantial endangerment, then the state could provide such a detailed 

rationale in place of a specific contingency plan. EPA notes that 40 CFR Part 51. subpart H (51.150-

51.152) and 40 CFR. Part 51. Aooc:ndix L do not apply to Pb, but States may wish to consult subpart H 

and Appendix Las illustrative guidance of what constitutes appropriate contingency planning for other 

pollutants. 

13 
Section IIO(a)(l)(H); Future SIP qvlslon1 

"Each such plan shall{. . . ] provide for revision of such plan-

(i) from time to time as may be necessary to take account of revisions of such 

ruJtional primary or secondary ambient air quality standard or the availability of 

improved or more expeditious methods of attaining such standard, and 

Attachment 

(ii) except as provided in paragraph (3}(C), whenever the Administrator finds on 

the basis of information available to the Administrator that the plan is substantially 

inadequate to attain the natioruJI ambient air quality standard which it implements or to 

otherwise comply with any additional requirements established under this chapter 

(CAA)." 

The infrastructure SIP should provide citations to the state regulatory provisions requiring the 

state to I) revise its section II 0 plan from time to time as may be necessary to take into account revisions 

of such primary or secondary NAAQS or the availability of improved or more expeditious methods of 

attaining such standards; and 2) revise its section II 0 plan in the event the Administrator finds the plan to 

be substantially inadequate to attain the NAAQS. See 40 CFR 51.104. "Revisions". 

Section IIO<alCllCO: NonattaiDment ana plan or plan revision Under Part D 

"Each such plan shall{. . .} in the case of a plan or plan revision for an area designated 

as a noruJttainment area, meet the applicable requirements of part D of this subchapter 

(relating to noruJttainment areas). " 

As noted above, EPA would not expect infrastructure SIP submissions to address subsection 

II O(a)(2)(I). Nonattainment area plans required under part Dare required on a different schedule from 

the section II 0 infrastructure elements and will be reviewed and acted upon through a separate process. 

Section IIO(a)lll(Jl: Consult!!tloo with government offleia!s. publk ootifls;atioP. PSD agd 

vislbiHtv orotec;tiog 

"Each such plan shall{. . .} meet the applicable requirements of section /2/ of this Title 

(relating to consultation). section /27 of this Title (relating to public notification). and 

part C of this subchapter (relating to prevention of significant deterioration of air quality 

and visibility protection). " 

14 
Attachment 

The infrastructure SIP should reference the state rules that provide a process of consultation with 

general purpose local governments, designated organizations of elected officials of local governments, 

and any federal land manager having authority over federal land to which the plan applies, consistent 

with the requirements ofCAA § 121. 

The infrastructure SIP should provide citations to regulations requiring the state to regularly 

notifY the public of: instances or areas in which any primary NAAQS was exceeded; the associated 

health hazards; and ways in which the public can participate in regulatory and other eftbrts to improve air 

quality. See 40 CFR 51.285, "Public notification". 

Pursuant to the CAA, an infrastructure SIP should identity state requirements that allow a state to 

implement any new PSD requirements that are triggered upon the effective date of any new NAAQS. 

However, sources in a state may be subject to the federal PSD requirements pursuant to 40 CFR 52.21, if 

a state does not have a SIP-approved PSD program. As described in this infrastructure SIP guidance for 

element (C), such states remain obligated to adopt and submit a PSD program fur EPA approval that 

applies to all regulated NSR pollutants, including GHG. Until a state provides such a program, its 

infrastructure SIP would not be approvable with respect to CAA Section II O(a)(2)(J). 

With regard to the requirement of the plan to meet the applicable requirements fur visibility 

protection, EPA would not expect to treat this provision as applicable fur purposes of the infrastructure 

SIP approval process. EPA recognizes that states are subject to visibility protection and regional haze 

program requirements under Part C of the Act (which includes sections 169A and 1698). However, in the 

event of the establishment of a new primary N AAQS, the visibility protection and regional haze program 

requirements under part C do not change. Thus, EPA concludes there are no new applicable visibility 

protection obligations under section IIO(a)(2)(J) as a result of the 2008 Pb NAAQS. 

Sectloa llOfa)(:ZlOO: Air guaDty modeling/data 

"Each such plan shall[. . . } provide/of'-

(i) the performance of such air quality modeling as the Administrator may 

prescribe for the purpose of predicting the effect on ambient air quality of any emissions 

of any air pollutant for >'.~rich the Administrator has established a national ambient air 

quality standard. and 

(ii) the submission. upon request. of data related to such air quality modeling to 

the Administrator . .. 

15 
Attachment 

The infrastructure SIP should demonstrate that the state has the authority and technical capability 

to conduct air quality modeling in order to assess the effect on ambient air quality of relevant pollutant 

emissions; and that the state can provide relevant data as part of the permitting and NAAQS 

implementation processes. The infrastructure SIP should also identify state regulations providing that, 

upon request, the state will submit current and future data relating to such air quality modeling to the 

Administrator. EPA anticipates that the predominant type of air quality modeling to be conducted with 

respect to implementing the Pb NAAQS will be source-oriented dispersion modeling with models such as 

AERMOD. 

Section llO(a)(:Z)(L): Permitting fees 

''Each such plan shall require the owner or operator of each major stationary source to 

pay to the permitting authority, as a condition of any permit required under this chapter, 

a fee sufficient to cover-

(i) the reasonable costs of reviewing and acting upon any application for such a 

permit, and 

(ii) if the owner or operator receives a permit for such source, the reasonable 

costs of implementing and e'![orcing the terms and conditions of any such permit (not 

including any court costs or other costs associated with any enforcement action), until 

such fee requirement is supe~eded with respect to such sources by the Administrator's 

approval of a fee program under subchapter Title) V of this chapter." 

The infrastructure SIP should provide citations to the regulations providing fur collection of 

permitting fees under the state's EPA-approved Title V permit program. See 40 CFR 70.9 ("Fee 

determination and certification"), and 40 CFR Part 70. Appendix A, "Approval Status of State and Local 

Operating Permits Programs". 

Section llO<all:Zl<M): Consultatlonlpartftlpatlon by affected local entitles 

"Each such plan shall[. . .} provide/or consultation and participation by local political 

subdivisions affected by the plan. " 

16 
Attachment 

To satisfy this element (M), and in accordance with EPA's regulations at 40 CFR Part 51, 

subpart M ("Intergovernmental Consultation"), the infrastructure SIP should identify the organizations 

that will participate in developing, implementing, and enfOrcing the state air quality program. Further, the 

infrastructure SIP should identify the responsibilities of such organizations and include related 

agreements among the organizations. See 40 CFR 51.240, "General plan requirements." The 

infrastructure SIP should identify policies or procedures requiring consultation and participation by local 

political subdivisions affected by the infrastructure SIP. For example, the infrastructure SIP should 

provide a citation to the state regulations that provide notice and opportunity fur public hearing in 

accordance with EPA regulations at 40 CFR Part 51, subpart F ("Procedural Requirements"). 

Prior to submitting an infrastructure SIP revision or a compliance schedule, a state must provide 

notice, provide the opportunity to submit written conunents, and allow the public the opportunity to 

request a public hearing. See 40 CFR 51.102, "Public hearings." 

17 
• AQD EXHIBIT 

AQD EXHffiiT # 7 STAFF PROPOSED FLOOR AMENDMENTS 

Executive Summary 

~ 

I 

A State Implementation Plan (SIP) identifies how the state will attain and maintain the primary 

and secondary National Ambient Air Quality Standards (NAAQS). The SIP contains 

regulations, source-specific requirements, non-regulatory items such as plans and inventories, 

and in some cases additional requirements promulgated by the U.S. Environmental Protection 

Agency (EPA). The initial SIPs for states were approved by EPA on May 31, 1972 [FR Vol. 37, 

No. 105, pp. 10842-10906]. A state may revise its SIP with EPA approval as necessary. The 

federally enforceable SIP for New Mexico (including Bernalillo County) is compiled in 40 CFR 

Part 52 Subpart GG. 

The following SIP matrix outlines the requirements of Sections II O(a)(2)(A) through (M) of the 

federal Clean Air Act (CAA) [codified at U.S. Code: Title 42, Chapter 85, Subchapter I, Part A, 

§7410, State Implementation Plans For National Primary And Secondary Ambient Air Quality 

Standards] and addresses how Albuquerque-Bernalillo County, New Mexico will implement, 

maintain and enforce the 2008 lead NAAQS. 

Legislative authority for Albuquerque-Bernalillo County's air quality program is codified in 

Chapter 74 [f]Environmental lmprovement[j] Article 2, Air Pollution, of the New Mexico 

Statutes, which gives the Albuquerque-Bernalillo County Air Quality Control Board (Air Board) 

and the Albuquerque Environmental Health Department's Air Quality Division (AQD) the 

authority to implement the CAA in New Mexico. The City of Albuquerque and Bernalillo 

County adopted parallel ordinances by which they accepted the authority delegated by the Air 

Act, established the Air Board, and specified that the board shall adopt regulations consistent 

with the Air Act and adopt a plan for the regulation, control, prevention or abatement of air 

pollution. 

The regulatory authority to implement CAA programs is contained in the New Mexico 

Administrative Code (NMAC), specifically Title 20, Environmental Protection, Chapter II, 

Albuquerque-Bernalillo County Air Quality Control Board. The regulations codified at 

20.1 LXX NMAC are part of the approved Albuquerque-Bernalillo County, New Mexico SIP 

and are cited in 40 CFR § 52.1620(c) unless otherwise stated. 

Those requirements of CAA § II O(a)(2) that are in the approved SIP or recently submitted SIP 

revisions relate to enforceable emission limits and schedules for compliance; monitoring, source 

testing and emissions reporting; recordkeeping and reporting requirements; and permit fees. 

Some requirements, such as intergovernmental consultation, air quality modeling, and 

compliance with Part D of Title I of the CAA, are fulfilled during the development and 

submission to EPA as a SIP revision of attainment plans. 

7 
§ 11 0( a) Element 

§ 110(a)(2) 

§ IIO(a)(2)(A) 

Emission Limits & 

Other Control 

Measures 

Albuquerque-Bernalillo County, New Mexico 

§110(a)(2) SIP Requirements for the Lead NAAQS 

Summary of Element Provisions in the Current SIP 

Requirements 

Each implementation plan 

submitted by a State under 

this Chapter shall be 

adopted by the State after 

reasonable notice and 

public hearing. Each such 

plan shallinclude enforceable 

emission limitations and Albuquerque-Bernalillo County's enforceable emission 

other control measures, limitations and other control measures are authorized by the 

means, or techniques New Mexico Air Quality Control Act (Air Act) and those 

(including economic provisions of New Mexico Administrative Code (NMAC) 

incentives such as fees, Title 20, Environment Protection, Chapter II, Albuquerquemarketable permits, and Bernalillo County Air Quality Control Board. 

auctions or emissions 

rights), as well as Enacted in 1967, the Air Act [NM STAT ANN§§ 74-2-l 

schedules and timetables through 74-2-17] allowed for the establishment of the 

for compliance, as may be Albuquerque-Bernalillo County Air Quality Control Board 

necessary or appropriate to (Air Board) as a local board and gave it authority to 

meet the applicable administer and enforce its air quality regulations within the 

requirements of this Bernalillo County boundaries. 

Chapter. 

The City of Albuquerque and Bernalillo County adopted 

parallel ordinances by which they accepted the authority 

delegated by the Air Act, established the Air Board, and 

specified that the board shall adopt regulations consistent 

with the Air Act and adopt a plan for the regulation, control, 

prevention or abatement of air pollution. 

The regulations authorized by Chapter 74-Environmental 

Improvement Article 2, Air Pollution. -- of the New Mexico 

Statutes Annotated [NMSA 1978] are duly adopted by the Air 

Board. 

Where these provisions relate to Clean Air Act (CAA) 

Section 110 requirements, SIP revisions have been submitted 

to and approved by EPA [codified at 40 CFR Part 52, Subpart 

GG]. The City of Albuquerque's Air Quality Division 

(AQD) has an EPA-approved air permitting program for both 

major and minor sources, which ensures that all applicable 

requirements are included in the source's permit. 

AQD has determined that no reductions in lead emissions are 

required for maintenance of the 2008 lead NAAQS. 

AQD does not exempt from enforcement excess emissions 

that occur during start-up, shutdown, maintenance, or 

malfunction. Emissions in excess of permit or regulatory 

limits are presumptively violations, subject to affirmative 

Lead Infrastructure SIP - Public Review Draft, l Oll41ll 

Page 2 of8 
§ l\O(a)(2)(B) 

§ 110(a)(2)(C) 

§ 110(a)(2)(D) 

Interstate Transport 

defenses with the burden of proof on the respondent. See 

20.11.49 NMAC, Excess Emissions. 

provide for establishment AQD maintains a monitoring network for the NAAQS and 

and operation of submits an annual Network Assessment to EPA which 

appropriate devices, describes how it has complied with monitoring requirements 

methods, systems, and and explains any proposed changes. 

procedures necessary to-

(i) monitor, compile, and AQD is not required to operate any source-oriented lead 

analyze data on ambient air samplers because there are no 0.5 TPY or larger sources of 

quality; and lead in New Mexico (including Bernalillo County). However 

(ii) upon request, make AQD is required to perform non-source-oriented lead 

such data available to the monitoring, due to the presence of a CBSA (Core Based 

Administrator. Statistical Area) with a population of more than 500,000 

people, within Bernalillo County (i.e. Albuquerque). This 

sampler is scheduled to begin operation by December 27, 

20 II. Ambient levels of lead will be evaluated using an 

EPA-approved Federal Reference Method Sampler and an 

EPA-approved Federal Equivalent Method for detection All 

samplers are subjected to the quality assurance requirements 

of 40 CFR Part 58, Appendix A, and located at AQS Site 

Number 35-001-0023, Del Norte NCore Site which meets the 

minimum siting requirements of Part 58, Appendix E. Data 

will be submitted to EPA's Air Quality System (AQS) system 

in accordance with the schedule prescribed by 40 CFR Part 

58. 

include a program to AQD has established regulations governing the enforcement 

provide for enforcement of of control measures, including attainment plans and 

the measures in § permitting programs that regulate construction and 

JJO(a)(2)(A), and modification of stationary sources. See 20.11.41 NMAC, 

regulation of the 20.11.60 NMAC and 20.11.61 NMAC. AQD's Prevention of 

modification and Significant Deterioration (PSD) program applies to sources 

construction of any that emit greenhouse gases in accordance with EPA's 

stationary source within the tailoring rule. See 20.11.61.7.CCC NMAC. 

areas covered by the plan 

as necessary to assure that 

NAAQS are achieved, 

including a permit program 

as required in Parts C and 

D of this Subchapter. 

contain adequate Bernalillo County currently does not have any lead 

provisions- nonattainment areas nor is the county in close proximity to 

(i) prohibiting any any other lead nonattainment areas. The closest lead 

source or other type of nonattainment area to New Mexico is approximately 450 

emissions activity from miles from the New Mexico border (640 miles from 

emitting any air pollutant Albuquerque), in northern Texas, located in the County of 

in amounts which will: Collin, in the town of Frisco. 

(!) contribute 

significantly to New Mexico (including Bernalillo County) does not have any 

nonattainment in, or major sources oflead. Total point source emissions for lead 

interfere with in New Mexico equal less than 0.5 tons per year (TPY) and 

maintenance by, any less than 0.05 TPY for area source emissions (based on the 

other State with respect 2005 National Emission Inventory). 

to any such national 

primary or secondary Due to the limited amount of point and area source lead 

ambient air quality emissions in New Mexico (including Bernalillo County) and 

standard, or the lack of lead nonattainment areas in New Mexico 

Lead Infrastructure SIP- Public Review Draft, 10/14/11 

Page 3 of8 
§ 11 O(a)(2)(E)(i) 

(II) interfere with (including Bernalillo County) or within close proximity, 

measures required to be AQD has concluded that lead emissions from Bernalillo 

included in the County: 

upplicuble 1) Do not significantly contribute to nonattainment in or 

implementation plan for interfere with maintenance for any other state with regards to 

any other State under the lead NAAQS; 

Part C of this 2) Do not interfere with the measures required to implement 

Subchapter to prevent prevention of significant deterioration or for the protection of 

significant deterioration visibility in any other state; and 

of air quality or to 3) Do not preclude the state from insuring compliance with 

protect visibility, CAA Section§ 126 and 115. 

(ii) insuring compliance 

with the applicable Consistent with 40 CFR 166(q)(2)(iv), Albuquerquerequirements of CAA Bernalillo County's PSD program requires AQD to notify 

Sections § 126 and 115 potentially affected states, tribes, and federal land managers 

[Sections 7426 & 7415 of of its intent to approve or disapprove a PSD permit 

this Title} (relating to application. 20.11.61.21 NMAC. 

interstate and international 

pollution abatement). 

Provide: New Mexico Statute § 74-2-5 "Duties and powers; 

(i) necessary assurances environmental improvement board; local board" gives the Air 

that the State (or, except Board authority to develop, implement and enforce the SIP. 

where the administrator 

deems inappropriate, the § 74-2-5 provides the Air Board adequate legal authority to 

general purpose local adopt emission standards and compliance schedules 

government or applicable to regulated entities, and to adopt emission 

governments, or a regional standards and limitations and any other measures necessary 

agency designated by the for attainment and maintenance of national standards. 

State or general purpose 

local governments for such § 74-2-5 also provides the Air Board adequate legal authority 

purpose) will have to enforce applicable laws, regulations, standards, and 

adequate personnel, compliance schedules, and seek injunctive relief. In addition, 

funding, and authority § 74-2-5.1 provides the department legal authority to enforce 

under State (and, as applicable laws, regulations, standards, and compliance 

appropriate, local) law to schedules. 

carry out such 

implementation plan (and The resources to carry out the implementation plan are 

is not prohibited by any provided through General Funds, Permit Fees, and the CAA 

provision of Federal or §§ 105 grant process. Permit fees are collected under the 

State lawfYom carrying out authority of§ 74-2-7. 

such implementation plan 

or portion thereof}, No organizations outside of AQD will participate in 

implementing or enforcing this SlP. AQD has adequate 

persmmel to implement the SIP with respect to lead 

requirements. Should EPA determine that AQD lacks 

adequate personnel to carry out the SIP, EPA may issue a 

finding with respect to that deficiency, which AQD would 

have a legal obligation to correct. 

AQD anticipates the need for additional resources to 

implement the plan for the lead standard beyond those which 

have been utilized for the preparation of the plan and plan 

revisions submitted to EPA and other current programmatic 

demands (e.g. EPA subcontractor for Performance Evaluation 

Program (PEP)(3rd party auditing); sampling equipment; 

laboratory analysis, etc.). 

Lead Infrastructure SIP - Public Review Draft, 10/14/11 

Page 4 of8 
§ IIO(a)(2)(E)(ii) 

§ IIO(a)(2)(E) 

(iii) 

§II O(a)(2)(F) 

Stationary Source 

Monitoring System 

(ii) requirements that the NMSA 1978 § 74-1-4 provides that the Air Board contain at 

State comply with the least a majority of members who represent the public interest 

requirements respecting and do not derive any significant portion of their income from 

State boards under CAA persons subject to or who appear before the board on issues 

Section 128 [Section 7428 related to the CAA or Air Act. Board members are required 

of this Title}, and to recuse themselves from rule-makings in which their 

impartiality may reasonably be questioned [20.11.82.14 

NMAC]. 

(iii) necessary assurances Albuquerque-Bernalillo County is authorized to carry out all 

that, where the State has portions of New Mexico's SIP within Bernalillo County [See 

relied on a local or § 74-2-4]. NMED and the state Environmental Improvement 

regional government, Board retain oversight authority in the event the local 

agency, or instrumentality authority fails to act[§ 74-2-4 (D)]. 

for the implementation of 

any plan provision, the 

State has responsibility for 

ensuring adequate 

implementation of such 

plan provision. 

require, as may be Regulatory requirements have been codified at 20.11.41 

prescribed by the NMAC, Authority to Construct, 20.11.42 NMAC Operating 

Administrator: Permits, 20.11.60 NMAC, Permitting in Nonattainment 

(i) the installation, Areas (pertaining to sampling and testing) and 20.11.49 

maintenance, and NMAC, Excess Emissions. 

replacement of equipment, 

and the implementation of Requirements in 20.11.47 NMAC, Emission Inventory 

other necessary steps by Requirements provide for the reporting of emissions 

owners or operators of inventories in a format established by AQD on a schedule 

stationary sources to prescribed by the regulation. 

monitor emissions from 

such sources, Albuquerque-Bernalillo County's enforceable emission 

{ii) periodic reports on limitations and other control measures are addressed in the 

the nature and amounts of Air Act and those provisions of Chapter II of New Mexico's 

emissions and emissions- Administrative Code Title 20. 

related data from such 

sources, and 20.11.90 NMAC, Source Surveillance; Administration and 

{iii) correlation of such Enforcement, establishes the general requirements for 

reports bythe State agency maintaining records and reporting emissions, including record 

with any emission keeping, data submissions, and public access to emissions 

limitations or standards data. 

established pursuant to this 

Act [Chapter}, which [See also: NMSA 74-2-7(D)(I)(a) & (2) -"The department or 

reports shall be available the local agency may specify conditions to any penni! granted 

at reasonable times for under this section, including: (I) for a construction permit: (a) 

public inspection; a requirement that such source install and operate control 

technology, determined on a case-by-case basis, sufficient to 

meet the standards, rules and requirements of the Air Quality 

Control Act and the federal act.. .. (2) for an operating permit, 

terms and conditions sufficient to ensure compliance with the 

applicable standards, rules and requirements pursuant to the 

Air Quality Control Act and the federal act."; NMSA 74-2-

II, Confidential Information; NMSA 74-2-13, Inspection; 

and The Inspection Of Public Records Act, NMSA 1978, 

Chapter 14, Article 2.] 

Lead Infrastructure SIP- Public Review Draft, 10/14/11 

Page 5 of8 
§110(a)(2)(G) 

Emergency Power 

§ 11 O(a)(2)(H) 

§110(a)(2)(I) 

Nonattainment Area 

Plan Requirements 

§ IIO(a)(2)(J) 

PSD 

provide for authority Pursuant to 40 CFR 51, Subpart H, Prevention of Air 

comparable to that in CAA Pollution Emergency Episodes, On January 26, 1989, the Air 

Section 303 [Section 7603 Board adopted the Air Pollution Episode Contingency Plan 

of this Title] and adequate for Bernalillo County [8/21/91, 56 FR 38074; 40 CFR 

contingency plans to 52. 1639, Prevention of Air Pollution Emergency Episodes], 

implement such authority. that covers air pollution episodes and the occurrence of an 

emergency due to the effects of the pollutants on the health of 

persons. 

provide for revision of such Albuquerque-Bernalillo County's SIP is a compilation of 

plan: regulations, plans, and submittals that act to improve and 

(i) from time to time as may maintain air quality in accordance with national standards. 

be necessary to take The authority to develop or revise the SIP is based on the 

account of revisions of such authority to adopt new regulations, revise existing 

national primary or regulations, to meet the NAAQS. NMSA 1978 § 74-7-5 

secondary ambient air gives the board authority to perform these functions. § 74-7-

quality standard or the 5 also provides the board the authority to adopt regulations to 

availability of improved or abate, control, and prohibit air pollution throughout Bernalillo 

more expeditious methods County in accordance with the provisions of State Rules Act 

of attaining such standard, [Chapter 14, Article 4, NMSA 1978]. Nothing in New 

and Mexico's statutory or regulatory authority prohibits 

(ii) except as provided in Albuquerque-Bernalillo County from revising the SIP in the 

Paragraph (3)(C), event of a revision to the NAAQS. 

whenever the Administrator 

finds on the basis of 

information available to the 

Administrator that the plan 

is substantially inadequate 

to attain the NAAQS which 

it implements, or to 

otherwise comply with any 

additional requirements 

established under this Act 

[Chapter]. 

in the case of a plan or Compliance with the lead standard will be evaluated using 

plan revision for an area Air Monitoring FRM Quality Assurance Lead Data submitted 

designated as a with SIP revisions for any future nonattainment areas. SIP 

nonattainment area, meet revisions related to nonattainment areas will comply with 

the applicable requirements Subpart D requirements, as applicable. The currently 

of Part D of this approved nonattainment area SIP provisions listed in 40 CFR 

Subchapter (relating to § 52, Subpart GG also meet Subpart D requirements. 

nonattainment areas); 

meet the applicable All SIP revisions undergo public notice and hearing, which 

requirements of CAA § 121 provides for comment by the public, including local political 

[Section 7421 of this Title] subdivisions. [f&ee]20.11.82 NMAq, Rulemaking 

(relating to consultation), Procedures -Air Qualitv Control Board1 sti12ulates notice 

CAA Section 12 7 [Section reguirements for rule making1 and is used a guide for notice 

7427 of this Title] (relating reguirements when ado~ting SIPs. 

to public notification}, and 

Part C of this Subchapter Air quality data from AQD' s monitoring network is available 

(relating to prevention of to the public via EPA's website at: 

significant deterioration of htto://www.eQa.gov/air/data/geosel.htrnl . Additionally, as 

air quality and visibility part of the I 05 grant process AQD is required to submit 

protection); monitoring data to the Air Quality System (AQS) 90 days 

after the end of a quarter. Data can also be retrieved via a 

link through the AQD website: 

http://www.cabq.gov/airqualitv/airqualitvmonitoringdata.html 

Lead Infrastructure SIP- Public Review Draft, 10/14/1 I 

Page 6 of8 
§II O(a)(2)(K) 

Air Quality 

Modeling I Data 

§IIO(a)(2)(L) 

Permitting Fees 

which also contains information on the air quality index, and 

on ways the public can participate in regulatory and planning 

efforts. 

The Air Board has adopted 20.11.61 NMAC- Prevention of 

Significant Deterioration following the requirements outlined 

in 40 CFR 52 under Section 161 of the CAA [42 U.S.C.A. § 

74 71] for prevention of significant deterioration. These 

provisions were approved by EPA as part of the SIP, effective 

5/29/07. [40 CFR 52.1634]. 

20.11.61 NMAC includes procedures for protection of 

visibility in Class I areas. 

AQD submitted Albuquerque-Bernalillo County's Second 

Amended Regional Haze SIP to EPA in August, 20 II. This 

submittal will provide further visibility protection and 

improvements to federal Class I areas. 

provide for: AQD has the authori(Y and technical caQabili!Y to conduct air 

(i) the performance of such guality modeling in order to assess the effect on ambient air 

air quality modeling as the guali!Y of relevant :gollutant emissions; and can :grovide 

Administrator may relevant data as Qart of the Qermitting and NAAQS 

prescribe for the purpose of imQlementation Qrocesses. AQD follows EPA guidelines for 

predicting the effect on air dispersion modeling. [4Q Cl'R )2.1MQ] 

ambient air quality of any 

emissions of any air Upon request, AQD will submit current and future data 

pollutant for which the relating to such air quality modeling to EPA. 

Administrator has 

established a NAAQS, and EPA anticiQates that the Qredominant !YQe of air quality 

(ii) the submission, upon modeling to be conducted with res:gect to im:glementing the 

request, of data related to Pb NAAQS will be source-oriented disQersion modeling with 

such air quality modeling models such as AERMOD. 

to the Administrator; 

require the owner or The fee requirements of20.11.2 NMAC, Fees were approved 

operator of each major by EPA as meeting the CAA requirements and were 

stationary source to pay to incorporated into the New Mexico SIP [Bernalillo County, 

the permitting authority, as 4/10/80, 45 FR 24468]. Albuquerque-Bernalillo County's 

a condition of any permit Title V operating permit program codified at 20.11.42 

required under this Act NMAC, Operating Permits, was approved by EPA on 9/8/04 

[Chapter], a fee sufficient [FR Vol. 69, No. 173, pp. 54244-47, effective 11/8/04] 

to cover-

(i) the reasonable costs of 

reviewing and acting upon 

any application for such a 

permit, and 

(ii) if the owner or 

operator receives a permit 

for such source, the 

reasonable costs of 

implementing and 

enforcing the terms and 

conditions of any such 

permit (not including any 

court costs or other costs 

associated with any 

Lead Infrastructure SIP- Public Review Draft, 10114/11 

Page 7 of8 
§ 110(a)(2)(M) 

enforcement action), 

until such fee requirement 

is superseded with respect 

to such sources by the 

Administrator's approval of 

a fee program under Title V 

[Subchapter V of this 

Chapter]; 

provide for consultation New Mexico State Statute§ 74-2-5.2 State Air Pollution 

and participation by local Control Agency; Specific Duties And Powers Of The 

political subdivisions Department, states that: 'The de~artment is the state air 

affected by the plan. yollution control agency for all Qumoses under federal 

legislation relating to 11ollution. The d~artment shall: 

A. take all action necessa!}' to secure for the state and its 

Qolitical subdivisions the benefits of federal legislation; 

B. [ ••'!"i••• a<P,•isieg; eees•dtieg; eea!Faetiag with aad 

seetJeratiHg] advise. consult. contract with and cooyerate with 

local authorities, other states, the federal government and 

other interested persons or groups in regard to matters of 

conunon interest in the field of air quality control and 

[initiatiaa at] initiate cooperative action between a local 

authority and the department, between one local authority and 

another or among any combination of local authorities and 

the department for control of air pollution in areas having 

related air pollution problems that overlap the boundaries of 

political subdivisions; and 

C. [ oatoFiHg] enter into agreements and compacts with 

adjoining states and Indian tribes, where appropriate." 

Albuquerque-Bernalillo County's public participation . requirements and procedures fulfill the requirements for 

consultation with local political subdivisions affected by the 

SIP. 

Lead Infrastructure SIP- Public Review Draft, 10/14/11 

Page 8 of8 
ALBUQUERQUE-BERNALILLO COUNTY 

AIR QUALITY CONTROL BOARD 

Chair, Dr. Margaret Menache, County 

Mr. Augustine Grace III, PE, City 

Mr. Art Sharpe, City 

Dr. Dona Upson, City 

Vice Chair.Mr. StephenS. Baca, County 

Dr. Naomi Kistin, County 

Mr. Jack Sullivan, City 

Non-voting members: Mr. George Castillo, BCPC Liaison and Margaret 

Nieto, COA/AQD, Secretary to the Board 

Date: January II, 2012 (Wednesday) Location: 

Time: 5:30p.m. Vincent E. Griego Chambers 

~------,,.,---c---c-~c--~--,------c------,-~--=-===-==---1 Albuquerque-Bernalillo County General inquires regarding this agenda may be directed to Margaret Nieto (505) 768-2637 Government Center 

lmnieto@cabq.gov). One Civic Plaza NW 

For documents related to each agenda item, please go to Albuquerque, NM 87102 

h ://www.cab . ov/air uali /a cb/events/'anu -11-2012/ 

Hearing 

In the Matter of the Petition to adopt a State Implementation Plan (SIP) for Lead to address 

Sections IIO(a)(l) and (2) of the Federal Clean Air Act (CAA), 42 U.S.C. § 7410(a)(l) and (2) 

hereafter referred to as the "Lead Infrastructure SIP" (AQCB Petition No. 201 I -6) 

Regular Monthly Meeting Draft Agenda 

CALL TO ORDER 

Item #1 Approval of Agenda (Chair) 

Item #2 Approval of December 14, 20 II Meeting Minutes (Chair) 

PUBLIC COMMENT 

ACTION ITEMS 

Item #3 Decision in the Matter of the Petition to adopt a State Implementation Plan (SIP) 

for Lead to address Sections IIO(a)(l) and (2) of the Federal Clean Air Act 

(CAA), 42 U.S.C. § 7410(a)(l) and (2) hereafter referred to as the "Lead 

Infrastructure SIP" (AQCB Petition No. 2011-6) AQCB Resolution 2012-1-

Neal Butt, EH Scientist 

REPORTS Division Report and monthly Air Quality website update. Staff available for 

questions. 

Item #4 AQD Website update- Danny Nevarez, EHD Technical Program Manager 

OTHER BUSINESS 

ADJOURNMENT 

NEXT SCHEDULED BOARD MEETING: February 8, 2012 5:30p.m. 

00 
Members of the public who wish to address the Board, may do so by signing up with the Board Clerk and indicating 

either the agenda item they intend to address, or whether they wish to make a general public comment. Sign up 

must occur prior to the Board's consideration of each item. Each person win be given up to two minutes to speak. 

**Notice to persons with disabilities: If you have a disability and require special assistance to participate in this 

process, please call 311 (Voice) and special assistance will be made available to you to receive any public meeting 

documents, including agendas and minutes. TTY users may request special assistance by ca//ing 1-800-659-

8331 .•• 
OFFICE OF THE GOVERNOR 

STATE CA!'ITUL 

'-IA~TA I· E. NEW .\1FXJl:l) IC')()j 

January xx, 2012 

Dr. Alfredo Armendariz, Regional1\dministrator 

U.S. Environmental Protection Agency, Region VI 

1445 Ross Avenue, Suite 1200 

Dallas, 'IX 75202-2733 

Subject: Lead NAAQS Infrastructure SIP Pursuant to Section 110(a)(1) and (2) of the 

Clean Air Act 

Dear Dr. Armendariz, 

(505) 827-JOOO 

This letter is submitted to fulfill Bernalillo County's requirements under Sections 110(a)(1) and (2) 

of the Clean Air Act (CAA). Pursuant to Sections 110(a)(1) and 110(a)(2) of the CAA., each state is 

required to submit a plan (State Implementation Plan or "SIP") for the implementation, 

maintenance, and enforcement of any newly promulgated or revised National Ambient Air Quality 

Standard (NAAQS) within three years of the promulgation of such a standard by the United States 

Environmental Protection Agency (EPA). The revised NAAQS for lead (Pb) was signed by the 

Administrator on October 15, 2008, therefore, the deadline for submittal of infrastructure SIPs for 

the 2008 Pb NA1\QS was October 15, 2011. 

The Air Quality Division of the City of Albuquerque's Environmental Health Department, as agent 

for the Albuquerque-Bernalillo County Air Quality Control Board (Air Board), has evaluated the 

existing New Mexico State Implementation Plan for Air Quality (SIP), and finds that the 

Albuquerque-Bernalillo County portion of the SIP satisfies the necessary Section 110 (a)(!) and (2) 

requirements for the 2008 Lead NAAQS. 

The Air Board adopted their Lead NAAQS Infrastructure SIP at their regular monthly meeting 

following a public hearing held on January 11, 2012. The public hearing was held in accordance 

with the public notice and State laws and constitution and the public hearing requirements of 40 

CFR 51.102. To facilitate your review, two hard copies of the SIP submittal, along with three exact 

duplicates in electronic form are enclosed. I believe that the submitted materials provide adequate 

documentation to support the requested SIP revision. 
-2-

Your favotable consideration of this request is appreciated. 

contact Mary Lou Leonard, Director of the Albuquerque 

(EHD), at (505) 768-2631. 

Sincerely, 

Susana Martinez 

Governor 

State of New Mexico 

If you have any questions, please 

Environmental Health Department 

cc: Mary Lou Leonard, Director, Albuquerque Environmental Health Department 

Bill Westmoreland, Deputy Director, Albuquerque EHD 

Margaret Nieto, Control Strategies Section Supervisor, Air Quality Division, EHD 

F. David Martin, Cabinet Secretary, NM Environment Department 

Mary Rose, Manager, Environmental Protection Division, NMED 

Richard Goodyear, Acting Chief, Air Quality Bureau, NMED 

Dr. Margaret Menache, Chair, 

Albuquerque - Bernalillo County Air Quality Control Board 

Enclosures 
Attachment C 

Copy of official hearing transcript of January 11, 2012 public hearing to 

consider proposed Lead NAAQS Infrastructure SIP 
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ALBUQUERQUE-BERNALILLO COUNTY

AIR QUALITY CONTROL BOARD

AQCB Petition No. 2011-6

IN THE MATTER OF THE PETITION

TO ADOPT A STATE IMPLEMENTATION PLAN

(SIP) FOR LEAD TO ADDRESS SECTIONS

110(a)(1) AND (2) OF THE FEDERAL CLEAN

AIR ACT (CAA), 42 USC SECTIONS

7410(a)(1) AND (2) HEREAFTER REFERRED

TO AS THE "LEAD INFRASTRUCTURE SIP"

TRANSCRIPT OF PROCEEDINGS

BE IT REMEMBERED that on the 11th day of

January, 2012, the above-entitled matter came on for

hearing and decision before the Albuquerque-Bernalillo

County Air Quality Control Board, taken at the Vincent

E. Griego Chambers of the Albuquerque/Bernalillo County

Government Center, One Civic Plaza, Albuquerque, New

Mexico, at the hour of 5:38 p.m.
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A P P E A R A N C E S

For the Albuquerque-Bernalillo County Air Quality

Control Board:

DR. MARGARET MENACHE, Chair, County

MS. KELSEY CURRAN, City

MR. ART SHARPE, City

DR. DONA UPSON, City

MR. STEPHEN S. BACA, Vice Chair, County

DR. NAOMI KISTIN, County

MR. JACK SULLIVAN, City

MR. BILL GRANTHAM, Board Attorney and Hearing

Officer

For the Air Quality Division of the Environmental Health

Department:

NEAL BUTT

Environmental Health Scientist

Air Quality Division

Environmental Health Department

One Civic Plaza, Northwest

Suite 3023

Albuquerque, New Mexico 87103

(505) 768-2660
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I N D E X

PAGE

WITNESSES:

NEAL BUTT

Direct Testimony 8

Examination by the Board 18
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E X H I B I T S

ADMITTED

AQD:

1. Petition to adopt a State 17

Implementation Plan (SIP) FOR Lead to

address Sections 110(a)(1) and (2) of

the federal Clean Air Act (CAA), 42

USC Section 7410(a)(1) and (2)

hereafter referred to as the "Lead

Infrastructure SIP," filed on

October 14, 2011

1a. Public Review Draft (attached to AQD 17

Exhibit 1) showing proposed "Lead

Infrastructure SIP"

2a/b/c. Notice of Proposed Rulemaking: 17

Including the legal advertisement of

this hearing in the Albuquerque Journal

(2a); the New Mexico Register (2b); and

the Air Quality Announce List Serve (2c)

3. Comments received from EPA, October 19, 17

2011

4. US EPA Fact Sheet Final Revisions to the 17

NAAQS for Lead, 2008

5. Direct Testimony of Neal Butt, Air 17

Quality Division
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E X H I B I T S (Continued)

ADMITTED

AQD (Continued):

6. Guidance on Infrastructure State 17

Implementation Plan (SIP) Elements

Required Under Sections 110(a)(1) and

110(a)(2) for the 2008 Lead (Pb)

National Ambient Air Quality Standards

(NAAQS)

7. Staff proposed floor amendments 17

8. Draft Agenda, Air Quality Control Board, 17

for January 11, 2012, meeting

9. Draft Certification Letter from 17

Governor to EPA
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MR. GRANTHAM: Good evening.

I'll call the public hearing into session.

This public hearing is being held on

January 11th, 2012, in the Vincent E. Griego Chambers of

the Albuquerque-Bernalillo County Government Center in

Albuquerque, New Mexico. The time is approximately 5:37

p.m.

This is a hearing of the

Albuquerque-Bernalillo County Air Quality Control Board

in the matter of the petition to adopt a State

Implementation Plan for lead to address

Sections 110(a)(1) and (2) of the federal Clean Air Act,

42 USC Section 7410(a)(1) and (2), hereafter referred to

as the "Lead Infrastructure SIP." This is Petition

Number 2011-6 by the Air Quality Division.

My name is Bill Grantham, and I'm an attorney,

and I advise the Board. I'm not a member of the Board,

but I've been authorized by the Board to conduct this

hearing.

Members present at the hearing tonight are the

Chair, Dr. Margaret Menache; Vice-Chair, Mr. Steve Baca;

member, Mr. Art Sharpe; Mr. Jack Sullivan; Dr. Donna

Upson; and the newest member, Ms. Kelsey Curran.

We will begin this hearing with the testimony

of the proponent, the Air Quality Division of the
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Albuquerque Environmental Health Department.

And no other parties have entered an

appearance in this hearing.

After the Division's testimony, we'll take any

comments from the public in support of or opposing the

Division's proposal.

If there's anybody in the audience who would

like to make comment, please let me know at this time.

Air Board meetings do not follow the Rules of

Evidence as used in a court of law. However, it is

important to remember that the Board must make its

decision based on sworn testimony and evidence admitted

at this hearing and that sworn testimony will become

part of the record.

Everyone who testifies will be sworn in by the

court reporter before giving testimony and must identify

themselves for the record and indicate if they represent

anybody. And after each witness has testified, the Air

Board members and I may question the witness. And after

that, if there's anybody in the audience who wants to --

wants to question the witness related to their

testimony, they will have an opportunity to do so.

After the hearing closes tonight, the Board

will conduct its regular monthly meeting, and an agenda

item tonight is the consideration of the adoption of the
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SIP that's proposed for this hearing.

I must instruct the Board that in making its

regulations in accordance with the New Mexico Air

Quality Control Act 74-2-5.E, the Board shall give

weight it deems appropriate to all facts and

circumstances, including but not limited to, one, the

character and degree of injury to or interference with

health, welfare, visibility and property; and, two, the

public interest, including social and economic value of

the sources and those subject to air contaminant.

Mr. Butt is ready to proceed.

MR. BUTT: Yes.

MR. GRANTHAM: Can you be sworn in?

NEAL BUTT

having been first duly sworn or affirmed, was

examined and testified as follows:

DIRECT TESTIMONY

MR. BUTT: Good evening, Mr. Hearing Officer,

Madam Chair, members of the Board.

My name is Neal Butt. I'm an environmental

health scientist with the Control Strategies Section of

the Air Quality Division. I'm here to present testimony

In the Matter of the Petition to Adopt a State

Implementation Plan, or SIP, for Lead to Address

Sections 110(a)(1) and (2) of the Federal Clean Air Act,
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42 USC Section 7410(a)(1 and (2), Hereafter Referred to

as the "Lead Infrastructure SIP," which addresses the

new one-hour lead NAAQS.

The revised NAAQS for lead was signed on

October 15, 2008, and published in the Federal Register

on November 12th, 2008.

Quote, pursuant to Sections 110(a)(1) and

110(a)(2) of the Clean Air Act, each state is required

to submit a plan, or SIP, for the implementation,

maintenance and enforcement of a newly promulgated or

revised NAAQS, within three years of the promulgation of

such standard by the United States Environmental

Protection Agency, or EPA.

Although the effective date of the Federal

Register notice for the final rule was January 12th,

2009, the rule was signed by the administrator and

publicly disseminated on October 15th, 2008. Therefore,

the deadline for submittal of the infrastructure SIPs

for the 2008 lead NAAQS was October 15th, 2011, end

quote.

Excuse me.

Quote, Section 110(a)(2) specifies the

elements and sub-elements that are required in order for

the EPA to determine that an infrastructure SIP is

complete. Specifically, each state should include
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documentation demonstrating a correlation between each

infrastructure element and an equivalent state statutory

or regulatory authority in the existing or submitted

SIP.

At a minimum, a complete submittal is a letter

from an appropriate state official (for example, the

Governor or her designee) certifying compliance with

each element which has gone through state notice and

hearing procedures. To meet the requirements of

Sections 110(a)(1) and 110(a)(2), a SIP submittal should

include a detailed explanation of how the state's SIP

meets each applicable requirement of Section 110(a)(2),

end quote.

Quote, many of the Section 110(a)(2) SIP

elements relate to the general information and

authorities that constitute the infrastructure of a

state's air quality management program, and these have

been in place since the initial SIPs were submitted in

response to the 1970 Clean Air Act, end quote.

Quote, Section 110(a)(2) of the Clean Air Act

directs all states to develop and maintain an air

quality management infrastructure that includes:

enforceable emission limitations, an ambient [air

quality] monitoring program, an enforcement program, air

quality modeling capabilities, and adequate personnel,
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resources and legal authority.

Subsections (A) through (M) of

Section 110(a)(2) set forth the infrastructure elements

that a SIP should address, in order to be approved by

EPA, close quote.

The proposed infrastructure SIP outlines how

Albuquerque and Bernalillo County will implement,

maintain and enforce the revised lead NAAQS. This

proposed SIP must be adopted by the

Albuquerque-Bernalillo County Air Quality Control Board

for it to be included as part of New Mexico's State

Implementation Plan.

If the infrastructure SIP is adopted by the

Air Board and approved by EPA, it will provide a

federally enforceable written confirmation of how

Albuquerque and Bernalillo County will continue to

comply with each applicable requirement of

Section 110(a)(2) of the Clean Air Act in regards to the

lead NAAQS.

Lead is a naturally occurring, soft,

bluish-gray heavy metal. It can be present in outdoor

and indoor air. Lead in outdoor air comes mainly from

industrial sources (for example, smelters, waste

incinerators, utilities and lead-acid battery

manufacturers).
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Windblown soil and road dust also may contain

naturally occurring lead, as well as lead from

industrial sources, deteriorated paint and the

combustion of leaded gasoline and aviation fuel.

The inhalation or ingestion of lead-containing

particles can result in lead poisoning, which has been

associated with a number of short-term, or acute, and

long-term, or chronic, adverse health effects.

In 1978, the EPA promulgated the first

national ambient air quality standard for lead of

1.5 micrograms per cubic meter. This standard was not

revised until 2008, when EPA lowered it to

0.15 micrograms per cubic meter. EPA based its revision

of the standard on scientific evidence about lead and

health that had expanded dramatically since EPA issued

the initial standard in 1978.

More than 6,000 new studies on lead health

effects, environmental effects and lead in the air have

been published since 1990.

See ACD Exhibit 4, EPA, Fact Sheet - Final

Revisions to the NAAQS for Lead EPA, 2008.

Evidence from health studies show that adverse

effects from lead exposure occur at much lower levels

than previously thought.

There are currently no major point sources of
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lead in New Mexico and only around 0.5 tons per year of

lead emitted statewide from area and point sources

combined. This is based on the 2005 National Emission

Inventory Database.

Due to the phasing out since 1975 of lead

additives in gasoline, mobile sources are no longer a

significant contributor to lead emissions throughout the

US.

Since the discontinued use of lead in

gasoline, the only major contributor to lead emissions

in New Mexico was the Asarco lead smelter located near

the Texas/New Mexico state line in El Paso, Texas. The

smelter was officially closed in 2009. New Mexico,

including Bernalillo County, has been designated as

unclassifiable/attainment by EPA.

A SIP identifies how the state will attain and

maintain the primary and secondary NAAQS. An SIP

typically contains regulations, source-specific

requirements, nonregulatory items such as plans and

inventories, and in some cases additional requirements

promulgated by EPA.

The initial SIPs for states were approved by

EPA on May 31st, 1972. A state may revise its SIP with

EPA approval as necessary. The federally enforceable

SIP for New Mexico, including Bernalillo County, is
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compiled at 40 CFR Part 52, Subpart GG.

The current infrastructure elements of the SIP

are sufficient to ensure implementation and enforcement

of the revised lead NAAQS. The proposed Lead

Infrastructure SIP therefore consists of a demonstration

of the sufficiency of the existing SIP, which is

outlined in a matrix that itemizes the requirements of

Sections 110(a)(2)(A) through (M) of the federal Clean

Air Act, and it addresses how Albuquerque and Bernalillo

County will implement, maintain and enforce the 2008

lead NAAQS.

These elements include:

Section 110(a)(2)(A), emission limits and

other control measures.

(B), ambient air quality monitoring and data

system.

(C), programs for enforcement, PSD and NSR.

(D)(i), interstate transport provisions.

(D)(ii), interstate and international

transport provisions.

(E), adequate personnel, funding and

authority.

(F), stationary source monitoring and

reporting.

(G), emergency episodes.
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(H), future SIP revisions.

(I), nonattainment area plan or plan revision

under Part D.

(J), consultation with government officials,

public notification, PSD and visibility protection.

(K), air quality modeling and data.

(L), permitting fees.

And (M), consultation and participation by

affected local entities.

The Air Quality Division is not proposing any

additional regulations or requirements in conjunction

with the proposed Lead Infrastructure SIP. The purpose

of the Lead Infrastructure SIP is to provide EPA with a

synopsis of the Air Quality Division's capabilities to

implement, maintain and enforce the lead NAAQS as

outlined under the requirements of Sections 110(a)(2)(A)

through (M) of the Clean Air Act.

On June 17th of 2011, the EPA released a draft

memorandum providing guidance to states on

infrastructure SIPs for the 2008 lead NAAQS. The

proposed infrastructure SIP complies with this draft

guidance to the extent possible.

Then on October 14th, 2011, EPA released the

final version of their guidance, shown as AQD Exhibit 6.

No substantive differences were apparent between the
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draft and final guidance. Therefore, no substantive

changes were made to the proposed draft infrastructure

SIP in response to this final guidance.

The final guidance provides that, quote, if a

state determines that its existing SIP is adequate, then

the state's SIP submittal may be a certification that

the existing SIP contains provisions addressing all

requirements of the Section 110(a)(2) infrastructure

elements as applicable for the 2008 lead NAAQS. Such

certification (for example, in the form of a letter to

the EPA from the Governor or his designee) should cite

the applicable provisions in the existing SIP.

As for all SIP submittals, Section 110(l)

directs the state to provide reasonable public notice

and opportunity for public hearing on a certification

letter prior to submission to the EPA, close quote.

Therefore, a draft letter from the Governor of

the State of New Mexico, Susana Martinez, to

Dr. Armendariz, regional administrator for EPA Region

VI, is included along with the SIP submittal, and is

shown as AQD Exhibit 9.

In addition, public notice requirements have

been met as evidenced by AQD Exhibits 2a, 2b and 2c.

Outreach was conducted for the proposed Lead

Infrastructure SIP in the form of public notices, shown
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as AQD Exhibit 2a, 2b and 2c. The Air Quality Division

did not receive any comments from the public, only from

EPA. EPA's exhibit is shown as AQD Exhibit 3.

The Air Quality Division does not foresee any

adverse impact that the proposed SIP would have on the

citizens or businesses of New Mexico. The proposed SIP

is simply an overview of what Albuquerque and Bernalillo

County currently has in its overall SIP as relevant to

the implementation, maintenance and enforcement of the

lead NAAQS.

No additional regulations or requirements are

being placed on the regulated community with the

proposed Lead Infrastructure SIP, only upon the Air

Quality Division, in the form of additional monitoring,

record-keeping and reporting.

See Fact Sheet under AQD Exhibit 4 for details

which references Section 110(a)(2)(B) within the Lead

Infrastructure SIP, which is shown as AQD Exhibit 1a.

That concludes my testimony, and I would like

to have Exhibits 1 through 9 moved into the record, and

I'll stand for questions.

MR. GRANTHAM: Thank you, Mr. Butt.

Exhibits 1 through 9 are admitted.

(Exhibits AQD 1 through 9 admitted into

evidence.)
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MR. GRANTHAM: Questions from the Board?

EXAMINATION

BY THE BOARD:

MR. GRANTHAM: Dr. Menache.

DR. MENACHE: Thank you for your presentation,

Mr. Butt.

I had just two or three general comments.

One of them is that in the -- on page 3 of the

Lead Infrastructure SIP there's a statement about the

monitor that would be put into place at the Paseo

location on December 27th, and I was curious if the

monitor is up and running and if the data are coming in

and how -- how it looks.

MR. BUTT: Madam Chair, I'll defer to my

panel.

MR. LIENEMANN: Madam Chairman and members of

the Board, the monitor is in place and is sampling per

the requirement. We actually started several weeks

ahead of the schedule just to ensure that the timers and

everything would work correctly.

THE REPORTER: Can I get your name, please.

MR. LIENEMANN: Ken Lienemann.

DR. MENACHE: Are there any results that

you've seen from it yet? Is it -- I suspect it looks

like nothing, but I'm just -- just wondering.
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MR. LIENEMANN: Madam Chairman, members of the

Board, what we do is collect a filter, and we then

submit the filter to a laboratory for analysis, and the

analysis takes some time. So there will not be any data

forthcoming for a while.

And I'm sorry that's vague, but there are

several contingencies on the EPA side of the fence that

are sort of hanging out. So for right now, the lab is

simply accumulating the filters and waiting for the

go-ahead to analyze.

DR. MENACHE: So there's sort of handshaking

almost that still needs to be worked out? Is that a --

MR. LIENEMANN: Correct.

DR. MENACHE: Okay.

And then my other question was on page 4, at

the bottom of the page in the last paragraph, it states

that the Air Quality Division anticipates the need for

additional resources, and I wondered if -- if there is

any hold of receiving such additional resources, to

implement the plan.

MR. LIENEMANN: Madam Chairman, that statement

is slightly dated, at least as far as sampling

equipment. We do have the sampling equipment in hand.

We're in good shape.

The PEP audits will be performed by EPA
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sometime later in the year. It's their call when they

do them. Laboratory analysis I told you is pending an

EPA go-ahead.

DR. MENACHE: Right.

MR. LIENEMANN: We are operating on filters

that EPA provides to us. They have to be certified from

a certified vendor.

DR. MENACHE: Right.

MR. LIENEMANN: Those filters -- we ordered

two boxes last year. We've used about three-quarters of

those, and we only --

DR. MENACHE: Wow.

MR. LIENEMANN: Well, actually, we only got

one box. We didn't get both boxes.

So we have enough filters for about

two-and-a-half months, and we've notified EPA that they

owe us filters and we're really going to be in bad shape

if we don't get them. So they're working on that.

I think that fully characterizes anything in

that paragraph. In other words, I think we're in good

shape, and anything that's not in hand is being worked.

DR. MENACHE: Okay. Great. Thank you.

MR. GRANTHAM: Vice-Chair Baca.

MR. BACA: I was hoping that you could talk

just a little bit more about the accuracy of the
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analysis or the resolution of the analysis. I mean,

just going through the lint in my pocket, I got to more

than a -- more than a microgram.

MR. LIENEMANN: Well, members of the Board and

Member Baca, I'm not going to put out actual numbers,

because I didn't bring the lab operating procedure with

me, but it does specify its capability to its minimum

detection and its uncertainty, and their numbers match

the EPA-approved and analytical requirements.

It's a very -- it uses inductively coupled

plasma and mass spectroscopy. It's a very elaborate and

very fine method. So --

MR. BACA: And, please, I'm not trying to put

anyone on the spot here, but if -- at some point in

time, if others might be interested in the resolution of

those measurements, I'd be -- I'd certainly be curious

to hear --

MR. LIENEMANN: We can provide the

laboratory --

MR. BACA: -- what they are.

MR. LIENEMANN: -- SOP. Right now I just

didn't bring a copy.

MR. BACA: No. I understand, and I -- please

don't infer from my question that I would expect that

you would have that information at your fingertips.
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But if there's -- if there are others who

would be interested in that -- I know I would be, I'd be

interested in -- in what is -- what's the accuracy and

what the -- what the resolution is.

MR. LIENEMANN: Madam Chairman, I -- someone

made a note to me that you mentioned Paseo del Norte,

and it's -- for the record, it's the Del Norte station.

If you said that, I didn't even catch it. I'm not

sure --

DR. MENACHE: I said Paseo because -- oops. I

did say Paseo because I saw Del Norte, and I just went

over that. Sorry.

MR. GRANTHAM: Any other questions from the

Board?

MR. SHARPE: I have one off the record.

(Discussion off the record.)

MR. GRANTHAM: Other questions from the Board?

For the record, I'd just note that Member

Kistin arrived just at the beginning of Mr. Butt's

proposal -- presentation, So she is also in attendance

tonight.

Are there -- seeing no questions from the

Board, and I have no questions, are there anyone -- is

there anyone in the audience who would like to ask a

question or to provide comments on the proposal?
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Seeing none, I'll ask the Board if there's any

reason I should not close the hearing at this point.

Seeing none, the hearing is closed at

approximately 6:02 p.m. Thank you.

(Proceedings in recess from 6:03 p.m. to 6:11

p.m. to hear meeting agenda items, not

reported.)

DR. MENACHE: Now we will move to our action

items.

Item number 5 is a decision in the Matter of

the Petition to Adopt a State Implementation Plan, a

SIP, for Lead to address Sections 110(a)(1) and (2) of

the Federal Clean Air Act, 42 USC 7410(a)(1) and (2)

Hereafter Referred to as the "Lead Infrastructure SIP."

This is Air Quality Control Board Petition Number 2011-6

and Air Quality Control Board Resolution 2012-1.

Is there any further general discussion at

this time?

In that case, I move that we adopt Air Quality

Resolution 2012-1 to read as follows:

Albuquerque-Bernalillo County Air Quality

Control Board Resolution 2012-1, Adopting a State

Implementation Plan (SIP) for Lead to Address

Section 110(a)(1) and (2) of the Federal Clean Air Act

(CAA), 42 USC 7410(a)(1) and (2) Hereafter Referred to
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KATHY TOWNSEND COURT REPORTERS

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

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as the "Lead Infrastructure SIP."

Whereas, the New Mexico Air Quality Control

Act ("Air Act"), NMSA 74-2-5, requires the

Albuquerque-Bernalillo County Air Quality Control Board,

("Air Board"), to "adopt, promulgate, publish, amend and

repeal regulations consistent with the Air Quality

Control Act and to attain and maintain national ambient

air quality standards and prevent or abate air

pollution, including regulations prescribing air

standards" within Bernalillo County, and to meet

requirements of the United States Clean Air Act, the

City of Albuquerque and Bernalillo County Joint Air

Quality Control Board Ordinances, and the

Albuquerque-Bernalillo County Air Quality Control Board

"(Air Board") regulations; and

Whereas, on January 11th, 2012, the Air Board

held a public meeting in the Vincent E. Griego Chambers,

on the basement level of the Albuquerque/Bernalillo

County Government Center, One Civic Plaza, Northwest, in

Albuquerque, New Mexico, and the hearing was held

consistent with the notice requirements of the New

Mexico Air Quality Control Act and 20.11.82 NMAC,

Rulemaking Procedures for the Air Quality Control Board;

and

Whereas, on January 11th, 2012, the Air Board
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KATHY TOWNSEND COURT REPORTERS

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606

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met and determined that the Infrastructure SIP for Lead

should be adopted and submitted to EPA, as a revision to

the SIP; and

Whereas, at the January 11th, 2012, public

hearing, testimony was presented to establish a present

need, or a reasonably anticipated future need, which

exists to warrant taking the following actions to help

prevent or abate air pollution.

Now, therefore be it resolved by the Board

that:

1. Regarding the Infrastructure SIP for Lead

as proposed in the Air Quality Division Exhibit 1a, as

amended by the "Staff's Proposed Floor Amendments" shown

as Air Quality Division Exhibit Number 7, which were

admitted at the January 11th, 2012, hearing, is hereby

adopted;

2. The Board hereby directs staff to take all

necessary actions to submit the amended regulations to

the EPA as a revision to the SIP."

Is there a second to this motion?

MR. SULLIVAN: I second the motion.

DR. MENACHE: The motion is seconded by Member

Sullivan.

MR. SHARPE: You won't get a second out of me

in quite a while.
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KATHY TOWNSEND COURT REPORTERS

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606

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DR. MENACHE: Is there any discussion?

Are there any further comments from the

public?

Then since there's no further discussion or

comments, we will vote at this time on whether or not to

adopt Air Quality Control Board Resolution Number

2012-1.

All in favor of adopting this resolution say

aye.

(Simultaneous responses.)

DR. MENACHE: All opposed say no.

The motion is adopted unanimously.

(Proceedings adjourned at 6:16 p.m.)
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KATHY TOWNSEND COURT REPORTERS

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

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STATE OF NEW MEXICO )

) ss.

COUNTY OF BERNALILLO )

I, CHERYL ARREGUIN, the officer before whom the

foregoing proceedings was taken, do hereby certify that

I personally recorded the proceedings by machine

shorthand; that said transcript is a true record of the

proceedings; that I am neither attorney nor counsel for,

nor related to or employed by any of the parties to the

action in which this proceeding is taken, and that I am

not a relative or employee of any attorney or counsel

employed by the parties hereto or financially interested

in the action.

 

NOTARY PUBLIC

CCR License Number: 21

Expires: 12/31/2012

My Commission Expires: 12/12/15
0

0.15 [1] - 12:13

0.5 [1] - 13:1

1

1 [6] - 4:4, 4:13,

17:20, 17:23, 17:24,

25:11

1.5 [1] - 12:11

11 [1] - 5:12

110(a)(1 [9] - 1:5,

4:6, 5:6, 6:12, 8:25,

9:7, 10:10, 23:12,

23:24

110(a)(2 [10] - 5:7,

9:8, 9:22, 10:10,

10:12, 10:14, 10:20,

11:3, 11:18, 16:8

110(a)(2)(A [3] -

14:8, 14:13, 15:16

110(a)(2)(B [1] -

17:17

110(l [1] - 16:13

11th [6] - 1:16, 6:4,

24:16, 24:25, 25:4,

25:15

12/12/15 [1] - 27:20

12/31/2012 [1] -

27:18

12th [2] - 9:6, 9:15

14 [1] - 4:11

14th [1] - 15:23

15 [1] - 9:5

15th [2] - 9:17, 9:19

17 [10] - 4:4, 4:12,

4:15, 4:20, 4:22, 4:24,

5:4, 5:10, 5:11, 5:13

17th [1] - 15:18

18 [1] - 3:6

19 [1] - 4:20

1970 [1] - 10:19

1972 [1] - 13:23

1975 [1] - 13:5

1978 [2] - 12:9, 12:16

1990 [1] - 12:19

1a [3] - 4:12, 17:18,

25:12

2

2 [13] - 1:5, 1:6, 4:6,

4:8, 6:12, 6:13, 8:25,

9:1, 23:12, 23:13,

23:24, 23:25, 25:17

20.11.82 [1] - 24:22

2005 [1] - 13:3

2008 [11] - 4:23, 5:7,

9:5, 9:6, 9:17, 9:19,

12:12, 12:21, 14:10,

15:20, 16:9

2009 [2] - 9:16, 13:13

2011 [5] - 4:11, 4:21,

9:19, 15:18, 15:23

2011-6 [3] - 1:3, 6:15,

23:15

2012 [7] - 1:17, 5:12,

6:4, 24:16, 24:25,

25:4, 25:15

2012-1 [4] - 23:16,

23:20, 23:22, 26:7

21 [1] - 27:18

27th [1] - 18:11

2a [3] - 4:18, 16:23,

17:1

2a/b/c [1] - 4:15

2b [3] - 4:18, 16:23,

17:1

2c [3] - 4:19, 16:23,

17:1

3

3 [3] - 4:20, 17:3,

18:8

3023 [1] - 2:13

31st [1] - 13:23

4

4 [4] - 4:22, 12:20,

17:16, 19:15

40 [1] - 14:1

42 [6] - 1:6, 4:7, 6:13,

9:1, 23:13, 23:25

5

5 [2] - 4:24, 23:10

505 [1] - 2:14

52 [1] - 14:1

5:37 [1] - 6:6

5:38 [1] - 1:22

6

6 [2] - 5:4, 15:24

6,000 [1] - 12:17

6:02 [1] - 23:4

6:03 [1] - 23:5

6:11 [1] - 23:5

6:16 [1] - 26:13

7

7 [2] - 5:10, 25:14

74-2-5 [1] - 24:3

74-2-5.E [1] - 8:4

7410(a)(1 [6] - 1:6,

4:8, 6:13, 9:1, 23:13,

23:25

768-2660 [1] - 2:14

8

8 [2] - 3:5, 5:11

87103 [1] - 2:13

9

9 [5] - 5:13, 16:21,

17:20, 17:23, 17:24

A

abate [2] - 24:8, 25:8

above-entitled [1] -

1:17

accordance [1] - 8:3

accumulating [1] -

19:9

accuracy [2] - 20:25,

22:3

ACD [1] - 12:20

acid [1] - 11:24

Act [17] - 4:7, 6:12,

8:4, 8:25, 9:8, 10:19,

10:20, 11:18, 14:9,

15:17, 23:13, 23:24,

24:3, 24:7, 24:11,

24:22

ACT [1] - 1:6

action [3] - 23:8,

27:12, 27:15

actions [2] - 25:7,

25:18

actual [1] - 21:5

acute [1] - 12:7

addition [1] - 16:22

additional [6] -

13:20, 15:11, 17:11,

17:14, 19:18, 19:19

additives [1] - 13:6

Address [2] - 8:24,

23:23

ADDRESS [1] - 1:5

address [4] - 4:6,

6:11, 11:4, 23:12

addresses [2] - 9:2,

14:9

addressing [1] - 16:7

adequate [3] - 10:25,

14:21, 16:5

adjourned [1] -

26:13

administrator[2] -

9:16, 16:19

admitted [4] - 7:12,

17:23, 17:24, 25:15

ADMITTED [2] - 4:2,

5:2

ADOPT [1] - 1:4

Adopt [2] - 8:23,

23:11

adopt [5] - 4:4, 6:10,

23:19, 24:5, 26:6

adopted [5] - 11:9,

11:13, 25:2, 25:16,

26:12

adopting [1] - 26:8

Adopting [1] - 23:22

adoption [1] - 7:25

adverse [3] - 12:8,

12:22, 17:5

advertisement [1] -

4:16

advise [1] - 6:17

affected [1] - 15:9

affirmed [1] - 8:15

Agency [1] - 9:13

agenda [2] - 7:24,

23:6

Agenda [1] - 5:11

ahead [3] - 18:19,

19:10, 20:3

air [15] - 8:10, 10:17,

10:21, 10:23, 10:24,

11:22, 12:10, 12:18,

14:15, 15:6, 24:8,

24:9, 25:8

AIR [2] - 1:1, 1:6

Air [54] - 1:19, 2:2,

2:9, 2:11, 4:7, 4:19,

4:24, 5:8, 5:11, 6:9,

6:12, 6:15, 6:25, 7:9,

7:18, 8:3, 8:22, 8:25,

9:8, 10:19, 10:20,

11:10, 11:14, 11:18,

14:9, 15:10, 15:14,

15:17, 17:1, 17:4,

17:13, 19:17, 23:13,

23:15, 23:16, 23:19,

23:21, 23:24, 24:2,

24:3, 24:4, 24:5, 24:6,

24:11, 24:12, 24:14,

24:15, 24:16, 24:22,

24:23, 24:25, 25:12,

25:14, 26:6

ALBUQUERQUE [1]

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KATHY TOWNSEND COURT REPORTERS

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606

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Albuquerque [19] -

1:18, 1:21, 2:2, 2:13,

4:17, 6:5, 6:6, 6:9,

7:1, 11:7, 11:10,

11:16, 14:9, 17:7,

23:21, 24:4, 24:12,

24:14, 24:20

ALBUQUERQUEBERNALILLO [1] - 1:1

AlbuquerqueBernalillo [8] - 1:18,

2:2, 6:5, 6:9, 11:10,

23:21, 24:4, 24:14

Albuquerque/

Bernalillo [2] - 1:20,

24:18

almost [1] - 19:12

ambient [4] - 10:23,

12:10, 14:15, 24:7

Ambient [1] - 5:8

amend [1] - 24:5

amended [2] - 25:13,

25:18

amendments [1] -

5:10

Amendments [1] -

25:13

analysis [5] - 19:3,

19:4, 20:2, 21:1

analytical [1] - 21:9

analyze [1] - 19:10

AND [2] - 1:5, 1:6

Announce [1] - 4:19

anticipated [1] - 25:6

anticipates [1] -

19:17

apparent [1] - 15:25

appearance [1] - 7:3

applicable [4] -

10:12, 11:17, 16:9,

16:12

appropriate [2] - 8:5,

10:6

approval [1] - 13:24

approved [4] - 11:4,

11:14, 13:22, 21:9

AQCB [1] - 1:3

AQD [11] - 4:3, 4:12,

5:3, 15:24, 16:21,

16:23, 17:1, 17:3,

17:16, 17:18, 17:24

area [2] - 13:2, 15:2

Armendariz [1] -

16:19

ARREGUIN [1] - 27:6

arrived [1] - 22:19

ART [1] - 2:4

Art [1] - 6:22

AS [1] - 1:7

Asarco [1] - 13:11
associated [1] - 12:7

attached [1] - 4:12

attain [2] - 13:16,

24:7

attendance [1] -

22:20

attorney [3] - 6:16,

27:10, 27:13

Attorney [1] - 2:7

audience [3] - 7:7,

7:20, 22:24

audits [1] - 19:25

authorities [1] -

10:16

authority [3] - 10:3,

11:1, 14:22

authorized [1] - 6:18

aviation [1] - 12:4

aye [1] - 26:9

B

BACA [5] - 2:5,

20:24, 21:13, 21:20,

21:23

Baca [3] - 6:21,

20:23, 21:5

bad [1] - 20:17

based [3] - 7:12,

12:13, 13:3

basement [1] - 24:18

battery [1] - 11:24

BE [1] - 1:16

become [1] - 7:13

begin [1] - 6:24

beginning [1] - 22:19

BERNALILLO [2] -

1:1, 27:3

Bernalillo [16] - 1:18,

2:2, 6:5, 6:9, 11:7,

11:10, 11:16, 13:14,

13:25, 14:9, 17:7,

23:21, 24:4, 24:10,

24:12, 24:14

between [2] - 10:1,

15:25

BILL [1] - 2:7

Bill [1] - 6:16

bit [1] - 20:25

bluish [1] - 11:21

bluish-gray [1] -

11:21

BOARD [2] - 1:1,

18:3

Board [40] - 1:19,

2:2, 2:7, 3:6, 5:11,

6:9, 6:17, 6:18, 7:9,

7:11, 7:19, 7:23, 8:2,

8:4, 8:19, 11:10,

11:14, 18:1, 18:17,

19:2, 21:4, 22:14,

22:17, 22:23, 23:1,

23:15, 23:16, 23:22,

24:4, 24:5, 24:13,

24:14, 24:15, 24:16,

24:23, 24:25, 25:9,

25:17, 26:6

bottom [1] - 19:16

box [1] - 20:14

boxes [2] - 20:10,

20:14

bring [2] - 21:6,

21:22

businesses [1] -

17:6

Butt [2] - 4:24, 8:20

butt [3] - 8:11, 17:22,

18:6

BUTT [6] - 2:10, 3:4,

8:12, 8:14, 8:18,

18:14

butt's [1] - 22:19

BY [1] - 18:3

C

CAA [3] - 1:6, 4:7,

23:25

capabilities [2] -

10:25, 15:14

capability [1] - 21:7

case [1] - 23:19

cases [1] - 13:20

catch [1] - 22:8

CCR [1] - 27:18

Center [3] - 1:21,

6:5, 24:19

certainly [1] - 21:16

certification [3] -

16:6, 16:10, 16:15

Certification [1] -

5:13

certified [2] - 20:6,

20:7

certify [1] - 27:7

certifying [1] - 10:7

CFR [1] - 14:1

Chair [7] - 2:3, 2:5,

6:21, 8:19, 18:14,

20:23

Chairman [4] -

18:16, 19:1, 19:21,

22:5

Chambers [3] - 1:20,

6:4, 24:17

changes [1] - 16:2

character [1] - 8:7

characterizes [1] -

20:19

CHERYL [1] - 27:6

chronic [1] - 12:8

circumstances [1] -

8:6

cite [1] - 16:11

citizens [1] - 17:6

City [5] - 2:4, 2:4,

2:5, 2:6, 24:12

Civic [3] - 1:21, 2:12,

24:19

Clean [12] - 4:7,

6:12, 8:25, 9:8, 10:19,

10:20, 11:18, 14:8,

15:17, 23:13, 23:24,

24:11

CLEAN [1] - 1:5

close [3] - 11:5,

16:16, 23:2

closed [2] - 13:13,

23:3

closes [1] - 7:23

collect [1] - 19:2

combined [1] - 13:3

combustion [1] -

12:4

coming [1] - 18:12

comment [1] - 7:8

Comments [1] - 4:20

comments [6] - 7:5,

17:2, 18:7, 22:25,

26:2, 26:5

Commission [1] -

27:20

community [1] -

17:12

compiled [1] - 14:1

complete [2] - 9:25,

10:5

compliance [1] -

10:7

complies [1] - 15:21

comply [1] - 11:17

concludes [1] -

17:19

conduct [2] - 6:18,

7:24

conducted [1] -

16:24

confirmation [1] -

11:15

conjunction [1] -

15:11

consideration [1] -

7:25

consistent [2] - 24:6,

24:21

consists [1] - 14:5

constitute [1] - 10:16

consultation [2] -

15:4, 15:8

contain [1] - 12:1

containing [1] - 12:5

contains [2] - 13:18,

16:7

contaminant [1] -

8:10

contingencies [1] -

19:7

continue [1] - 11:16

Continued [2] - 5:1,

5:3

contributor[2] -

13:7, 13:10

CONTROL [1] - 1:1

control [1] - 14:14

Control [18] - 1:19,

2:2, 5:11, 6:9, 8:4,

8:21, 11:10, 23:15,

23:16, 23:22, 24:2,

24:4, 24:7, 24:13,

24:14, 24:22, 24:23,

26:6

copy [1] - 21:22

correct [1] - 19:13

correctly [1] - 18:20

correlation [1] - 10:1

counsel [2] - 27:10,

27:13

COUNTY [2] - 1:1,

27:3

County [21] - 1:19,

1:20, 2:2, 2:3, 2:5,

2:6, 6:5, 6:9, 11:7,

11:10, 11:16, 13:14,

13:25, 14:10, 17:8,

23:21, 24:4, 24:10,

24:12, 24:14, 24:19

coupled [1] - 21:10

court [2] - 7:10, 7:16

cubic [2] - 12:11,

12:13

curious [2] - 18:11,

21:16

CURRAN [1] - 2:4

Curran [1] - 6:23

current [1] - 14:2

D

D)(i [1] - 14:18

D)(ii [1] - 14:19

data [4] - 14:15,

15:6, 18:12, 19:4

Database [1] - 13:4

date [1] - 9:14

dated [1] - 19:22

deadline [1] - 9:18

December [1] -

KATHY TOWNSEND COURT REPORTERS

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606

2

18:11

decision [3] - 1:18,

7:12, 23:10

deems [1] - 8:5

defer [1] - 18:14

degree [1] - 8:7

del [1] - 22:6

Del [2] - 22:7, 22:11

demonstrating [1] -

10:1

demonstration [1] -

14:5

Department [3] - 2:9,

2:12, 7:1

designated [1] -

13:14

designee [2] - 10:7,

16:11

detailed [1] - 10:11

details [1] - 17:16

detection [1] - 21:8

deteriorated [1] -

12:3

determine [1] - 9:24

determined [1] -

25:1

determines [1] - 16:5

develop [1] - 10:21

differences [1] -

15:25

DIRECT [1] - 8:17

Direct [2] - 3:5, 4:24

directs [3] - 10:21,

16:14, 25:17

discontinued [1] -

13:9

Discussion [1] -

22:16

discussion [3] -

23:17, 26:1, 26:4

disseminated [1] -

9:17

Division [13] - 2:9,

2:11, 4:25, 6:15, 6:25,

8:22, 15:10, 17:1,

17:4, 17:14, 19:17,

25:12, 25:14

Division's [3] - 7:4,

7:6, 15:14

documentation [1] -

10:1

DONA [1] - 2:5

Donna [1] - 6:22

dR [1] - 2:3

Dr [4] - 6:21, 6:22,

16:19, 18:4

DR [15] - 2:5, 2:6,

18:5, 18:23, 19:11,

19:14, 20:4, 20:8,

20:12, 20:22, 22:10,
23:8, 25:22, 26:1,

26:11

Draft [3] - 4:12, 5:11,

5:13

draft [5] - 15:18,

15:21, 16:1, 16:2,

16:17

dramatically [1] -

12:15

due [1] - 13:5

duly [1] - 8:15

dust [1] - 12:1

E

economic [1] - 8:9

effective [1] - 9:14

effects [4] - 12:8,

12:18, 12:23

El [1] - 13:12

elaborate [1] - 21:11

element [2] - 10:2,

10:8

Elements [1] - 5:5

elements [7] - 9:23,

10:15, 11:3, 14:2,

14:12, 16:9

emergency [1] -

14:25

emission [2] - 10:23,

14:13

Emission [1] - 13:3

emissions [2] - 13:7,

13:10

emitted [1] - 13:2

employed [2] -

27:11, 27:14

employee [1] - 27:13

end [3] - 9:19, 10:13,

10:19

enforce [3] - 11:8,

14:10, 15:15

enforceable [3] -

10:23, 11:15, 13:24

enforcement [5] -

9:10, 10:24, 14:3,

14:17, 17:9

ensure [2] - 14:3,

18:19

entered [1] - 7:2

entities [1] - 15:9

entitled [1] - 1:17

Environmental [4] -

2:9, 2:12, 7:1, 9:12

environmental [3] -

2:11, 8:20, 12:18

EPA [32] - 4:20, 4:22,

5:14, 9:13, 9:24, 11:5,

11:14, 12:9, 12:12,

12:13, 12:15, 12:20,

12:21, 13:15, 13:21,

13:23, 13:24, 15:13,

15:18, 15:23, 16:11,

16:16, 16:19, 17:3,

19:7, 19:25, 20:3,

20:6, 20:16, 21:9,

25:2, 25:19

EPA's [1] - 17:3

EPA-approved [1] -

21:9

episodes [1] - 14:25

equipment [2] -

19:23

equivalent [1] - 10:2

establish [1] - 25:5

evening [2] - 6:1,

8:18

evidence [4] - 7:12,

12:14, 12:22, 17:25

Evidence [1] - 7:10

evidenced [1] -

16:23

EXAMINATION [1] -

18:2

Examination [1] -

3:6

examined [1] - 8:16

example [3] - 10:6,

11:23, 16:10

excuse [1] - 9:21

Exhibit [10] - 4:13,

12:20, 15:24, 16:21,

17:1, 17:3, 17:16,

17:18, 25:12, 25:14

exhibit [1] - 17:3

Exhibits [4] - 16:23,

17:20, 17:23, 17:24

existing [5] - 10:3,

14:6, 16:5, 16:7,

16:12

exists [1] - 25:7

expanded [1] - 12:15

expect [1] - 21:24

Expires [2] - 27:18,

27:20

explanation [1] -

10:11

exposure [1] - 12:23

extent [1] - 15:22

F

Fact [3] - 4:22,

12:20, 17:16

facts [1] - 8:5

far [1] - 19:22

favor [1] - 26:8

Federal [5] - 8:25,

9:5, 9:14, 23:13,

23:24

federal [3] - 4:7,

6:12, 14:8

FEDERAL [1] - 1:5

federally [2] - 11:15,

13:24

fees [1] - 15:7

fence [1] - 19:7

filed [1] - 4:10

filter [2] - 19:2, 19:3

filters [5] - 19:9,

20:5, 20:9, 20:15,

20:17

final [5] - 9:15,

15:24, 16:1, 16:3,

16:4

Final [2] - 4:22,

12:20

financially [1] -

27:14

fine [1] - 21:12

fingertips [1] - 21:25

first [2] - 8:15, 12:9

floor [1] - 5:10

Floor [1] - 25:13

follow [1] - 7:9

following [1] - 25:7

follows [2] - 8:16,

23:20

FOR [2] - 1:5, 4:5

foregoing [1] - 27:7

foresee [1] - 17:4

form [3] - 16:10,

16:25, 17:14

forth [1] - 11:3

forthcoming [1] -

19:5

fuel [1] - 12:4

fully [1] - 20:19

funding [1] - 14:21

future [2] - 15:1, 25:6

G

gasoline [3] - 12:4,

13:6, 13:10

general [3] - 10:15,

18:7, 23:17

GG [1] - 14:1

go-ahead [2] - 19:10,

20:3

Government [3] -

1:21, 6:5, 24:19

government [1] -

15:4

Governor[4] - 5:14,

10:7, 16:11, 16:17

GRANTHAM [9] -

2:7, 6:1, 8:13, 17:22,

18:1, 18:4, 20:23,

22:13, 22:17

Grantham [1] - 6:16

gray [1] - 11:21

great [1] - 20:22

Griego [3] - 1:20,

6:4, 24:17

Guidance [1] - 5:4

guidance [6] - 15:19,

15:22, 15:24, 16:1,

16:3, 16:4

H

half [1] - 20:16

hand [2] - 19:23,

20:21

handshaking [1] -

19:11

hanging [1] - 19:8

health [6] - 8:8, 8:21,

12:8, 12:15, 12:17,

12:22

Health [4] - 2:9, 2:11,

2:12, 7:1

hear [2] - 21:17, 23:6

hearing [19] - 1:18,

4:17, 6:2, 6:3, 6:8,

6:19, 6:20, 6:24, 7:3,

7:13, 7:23, 8:1, 10:9,

16:15, 23:2, 23:3,

24:20, 25:5, 25:15

Hearing [2] - 2:7,

8:18

heavy [1] - 11:21

held [3] - 6:3, 24:17,

24:20

help [1] - 25:7

hereafter [2] - 4:9,

6:13

HEREAFTER [1] -

1:6

Hereafter [3] - 9:1,

23:14, 23:25

hereby [3] - 25:15,

25:17, 27:7

hereto [1] - 27:14

hold [1] - 19:19

hoping [1] - 20:24

hour [2] - 1:22, 9:3

I

identifies [1] - 13:16

identify [1] - 7:16

impact [1] - 17:5

implement [4] - 11:7,

KATHY TOWNSEND COURT REPORTERS

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606

3

14:10, 15:15, 19:20

implementation [3] -

9:9, 14:3, 17:9

Implementation [7] -

4:5, 5:5, 6:11, 8:24,

11:12, 23:11, 23:23

IMPLEMENTATION

[1] - 1:4

important [1] - 7:11

IN [1] - 1:4

incinerators [1] -

11:24

include [3] - 9:25,

10:11, 14:12

included [2] - 11:11,

16:20

includes [1] - 10:22

including [6] - 4:16,

8:6, 8:9, 13:14, 13:25,

24:9

indicate [1] - 7:17

indoor[1] - 11:22

inductively [1] -

21:10

industrial [2] - 11:23,

12:3

infer [1] - 21:24

information [2] -

10:15, 21:25

INFRASTRUCTURE

[1] - 1:7

Infrastructure [16] -

4:10, 4:14, 5:4, 6:14,

9:2, 14:5, 15:12,

15:13, 16:25, 17:13,

17:18, 18:9, 23:14,

24:1, 25:1, 25:11

infrastructure [13] -

9:18, 9:24, 10:2,

10:16, 10:22, 11:3,

11:6, 11:13, 14:2,

15:20, 15:21, 16:2,

16:8

ingestion [1] - 12:5

inhalation [1] - 12:5

initial [3] - 10:18,

12:16, 13:22

injury [1] - 8:7

instruct [1] - 8:2

interest [1] - 8:9

interested [4] -

21:15, 22:2, 22:3,

27:14

interference [1] - 8:7

international [1] -

14:19

interstate [2] - 14:18,

14:19

inventories [1] -

13:20
Inventory [1] - 13:4

issued [1] - 12:15

IT [1] - 1:16

item [2] - 7:25, 23:10

itemizes [1] - 14:7

items [3] - 13:19,

23:6, 23:9

J

Jack [1] - 6:22

JACK [1] - 2:6

January [8] - 1:17,

5:12, 6:4, 9:15, 24:16,

24:25, 25:4, 25:15

Joint [1] - 24:12

Journal [1] - 4:17

June [1] - 15:18

K

keeping [1] - 17:15

KELSEY [1] - 2:4

Kelsey [1] - 6:23

Ken [1] - 18:22

Kistin [1] - 22:19

KISTIN [1] - 2:6

L

lab [2] - 19:8, 21:6

laboratory [3] - 19:3,

20:2, 21:19

last [2] - 19:16, 20:10

law [1] - 7:10

Lead [22] - 4:5, 4:9,

4:13, 4:23, 5:7, 6:14,

8:24, 9:2, 12:21, 14:4,

15:12, 15:13, 16:24,

17:13, 17:17, 18:9,

23:12, 23:14, 23:23,

24:1, 25:1, 25:11

LEAD [2] - 1:5, 1:7

lead [31] - 6:11, 9:3,

9:4, 9:19, 11:8, 11:19,

11:20, 11:22, 11:24,

12:2, 12:5, 12:6,

12:10, 12:14, 12:17,

12:18, 12:23, 13:1,

13:2, 13:5, 13:7, 13:9,

13:10, 13:11, 14:4,

14:11, 15:15, 15:20,

16:9, 17:10

lead-acid [1] - 11:24

lead-containing [1] -

12:5

leaded [1] - 12:4

least [1] - 19:22

legal [2] - 4:16, 11:1

Letter [1] - 5:13

letter [4] - 10:5,

16:10, 16:16, 16:17

level [1] - 24:18

levels [1] - 12:23

License [1] - 27:18

LIENEMANN [12] -

18:16, 18:22, 19:1,

19:13, 19:21, 20:5,

20:9, 20:13, 21:4,

21:18, 21:21, 22:5

Lienemann [1] -

18:22

limitations [1] -

10:23

limited [1] - 8:6

limits [1] - 14:13

line [1] - 13:12

lint [1] - 21:2

List [1] - 4:19

local [1] - 15:9

located [1] - 13:11

location [1] - 18:11

long-term [1] - 12:8

looks [2] - 18:13,

18:24

lower [1] - 12:23

lowered [1] - 12:12

M

machine [1] - 27:8

Madam [6] - 8:19,

18:14, 18:16, 19:1,

19:21, 22:5

maintain [6] - 10:21,

11:8, 13:17, 14:10,

15:15, 24:7

maintenance [2] -

9:10, 17:9

major [2] - 12:25,

13:10

management [2] -

10:17, 10:22

manufacturers) [1] -

11:25

MARGARET [1] - 2:3

Margaret [1] - 6:21

Martinez [1] - 16:18

mass [1] - 21:11

match [1] - 21:8

matrix [1] - 14:7

MATTER [1] - 1:4

Matter [2] - 8:23,

23:10

matter [2] - 1:17,

6:10

mean [1] - 21:1

measurements [1] -

21:16

measures [1] - 14:14

meet [2] - 10:9,

24:10

meeting [4] - 5:12,

7:24, 23:6, 24:17

meetings [1] - 7:9

meets [1] - 10:12

Member [3] - 21:5,

22:18, 25:22

member [3] - 6:17,

6:22, 6:23

members [6] - 6:20,

7:19, 8:19, 18:16,

19:1, 21:4

memorandum [1] -

15:19

Menache [2] - 6:21,

18:4

MENACHE [14] - 2:3,

18:5, 18:23, 19:11,

19:14, 20:4, 20:8,

20:12, 20:22, 22:10,

23:8, 25:22, 26:1,

26:11

mentioned [1] - 22:6

met [2] - 16:23, 25:1

metal [1] - 11:21

meter [2] - 12:11,

12:13

method [1] - 21:12

MEXICO [1] - 27:1

Mexico [15] - 1:22,

2:13, 4:18, 6:6, 8:3,

13:1, 13:11, 13:12,

13:13, 13:25, 16:18,

17:6, 24:2, 24:20,

24:22

Mexico's [1] - 11:11

microgram [1] - 21:3

micrograms [2] -

12:11, 12:13

might [1] - 21:15

minimum [2] - 10:5,

21:7

mobile [1] - 13:6

modeling [2] - 10:25,

15:6

monitor[3] - 18:10,

18:12, 18:17

monitoring [4] -

10:24, 14:15, 14:23,

17:14

monthly [1] - 7:24

months [1] - 20:16

motion [4] - 25:20,

25:21, 25:22, 26:12

move [2] - 23:8,

23:19

moved [1] - 17:20

MR [34] - 2:4, 2:5,

2:6, 2:7, 6:1, 8:12,

8:13, 8:18, 17:22,

18:1, 18:4, 18:14,

18:16, 18:22, 19:1,

19:13, 19:21, 20:5,

20:9, 20:13, 20:23,

20:24, 21:4, 21:13,

21:18, 21:20, 21:21,

21:23, 22:5, 22:13,

22:15, 22:17, 25:21,

25:24

MS [1] - 2:4

must [4] - 7:11, 7:16,

8:2, 11:9

N

NAAQS [16] - 4:23,

5:9, 9:3, 9:4, 9:11,

9:19, 11:8, 11:19,

12:21, 13:17, 14:4,

14:11, 15:15, 15:20,

16:9, 17:10

name [3] - 6:16,

8:20, 18:21

NAOMI [1] - 2:6

national [2] - 12:10,

24:7

National [2] - 5:8,

13:3

naturally [2] - 11:20,

12:2

NEAL [3] - 2:10, 3:4,

8:14

Neal [2] - 4:24, 8:20

near [1] - 13:11

necessary [2] -

13:24, 25:18

need [3] - 19:17,

25:6

needs [1] - 19:12

new [2] - 9:3, 12:17

NEW [1] - 27:1

New [15] - 1:21, 2:13,

4:18, 6:6, 8:3, 11:11,

13:1, 13:11, 13:13,

13:25, 16:18, 17:6,

24:2, 24:20, 24:21

newest [1] - 6:23

newly [1] - 9:10

NMAC [1] - 24:22

NMSA [1] - 24:3

nonattainment [1] -

15:2

none [2] - 23:1, 23:3

nonregulatory [1] -

13:19

KATHY TOWNSEND COURT REPORTERS

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606

4

Norte [3] - 22:6,

22:7, 22:11

Northwest [2] - 2:12,

24:19

NOTARY [1] - 27:17

note [2] - 22:6, 22:18

nothing [1] - 18:25

Notice [1] - 4:15

notice [5] - 9:15,

10:8, 16:14, 16:22,

24:21

notices [1] - 16:25

notification [1] -

15:5

notified [1] - 20:16

November [1] - 9:6

NSR [1] - 14:17

number [2] - 12:7,

23:10

Number [5] - 6:15,

23:15, 25:14, 26:6,

27:18

numbers [2] - 21:5,

21:8

O

occur [1] - 12:23

occurring [2] -

11:20, 12:2

October [6] - 4:11,

4:20, 9:5, 9:17, 9:19,

15:23

OF [5] - 1:4, 1:5,

1:14, 27:1, 27:3

Officer [2] - 2:8, 8:18

officer [1] - 27:6

official [1] - 10:6

officially [1] - 13:13

officials [1] - 15:4

one [5] - 8:6, 9:3,

18:8, 20:14, 22:15

One [3] - 1:21, 2:12,

24:19

one-hour [1] - 9:3

oops [1] - 22:10

operating [2] - 20:5,

21:6

opportunity [2] -

7:22, 16:15

opposed [1] - 26:11

opposing [1] - 7:5

order [2] - 9:23, 11:4

ordered [1] - 20:9

Ordinances [1] -

24:13

outdoor [2] - 11:21,

11:22

outlined [2] - 14:7,
15:16

outlines [1] - 11:6

outreach [1] - 16:24

overall [1] - 17:8

overview [1] - 17:7

owe [1] - 20:17

P

p.m [6] - 1:22, 6:7,

23:4, 23:5, 23:6,

26:13

page [3] - 18:8,

19:15, 19:16

PAGE [1] - 3:2

paint [1] - 12:3

panel [1] - 18:15

paragraph [2] -

19:16, 20:20

part [2] - 7:14, 11:11

Part [2] - 14:1, 15:3

participation [1] -

15:8

particles [1] - 12:6

parties [3] - 7:2,

27:11, 27:14

Paseo [4] - 18:10,

22:6, 22:10, 22:11

Paso [1] - 13:12

Pb [1] - 5:7

pending [1] - 20:2

PEP [1] - 19:25

per [4] - 12:11,

12:13, 13:1, 18:17

performed [1] -

19:25

permitting [1] - 15:7

personally [1] - 27:8

personnel [2] -

10:25, 14:21

Petition [6] - 1:3, 4:4,

6:14, 8:23, 23:11,

23:15

petition [1] - 6:10

PETITION [1] - 1:4

phasing [1] - 13:5

place [3] - 10:18,

18:10, 18:17

placed [1] - 17:12

Plan [7] - 4:5, 5:5,

6:11, 8:24, 11:12,

23:11, 23:23

plan [4] - 9:9, 15:2,

19:20

PLAN [1] - 1:4

plans [1] - 13:19

plasma [1] - 21:11

Plaza [3] - 1:21, 2:12,

24:19

pocket [1] - 21:2

point [4] - 12:25,

13:2, 21:14, 23:2

poisoning [1] - 12:6

pollution [2] - 24:9,

25:8

possible [1] - 15:22

prescribing [1] -

24:9

present [4] - 6:20,

8:22, 11:21, 25:5

presentation [2] -

18:5, 22:20

presented [1] - 25:5

prevent [2] - 24:8,

25:8

previously [1] -

12:24

primary [1] - 13:17

procedure [1] - 21:6

Procedures [1] -

24:23

procedures [1] -

10:9

proceed [1] - 8:11

proceeding [1] -

27:12

PROCEEDINGS [1] -

1:14

proceedings [3] -

27:7, 27:8, 27:10

Proceedings [2] -

23:5, 26:13

program [3] - 10:17,

10:24

programs [1] - 14:17

promulgate [1] -

24:5

promulgated [3] -

9:10, 12:9, 13:21

promulgation [1] -

9:11

property [1] - 8:8

proponent [1] - 6:25

proposal [3] - 7:6,

22:20, 22:25

proposed [14] - 4:13,

5:10, 8:1, 11:6, 11:9,

14:4, 15:12, 15:21,

16:2, 16:24, 17:5,

17:6, 17:13, 25:12

Proposed [2] - 4:15,

25:13

proposing [1] -

15:10

Protection [1] - 9:13

protection [1] - 15:5

provide [5] - 11:14,

15:13, 16:14, 21:18,

22:25

provides [2] - 16:4,

20:6

providing [1] - 15:19

provisions [4] -

14:18, 14:20, 16:7,

16:12

PSD [2] - 14:17, 15:5

Public [1] - 4:12

public [13] - 6:2, 6:3,

7:5, 8:9, 15:5, 16:14,

16:15, 16:22, 16:25,

17:2, 24:17, 25:4,

26:3

PUBLIC [1] - 27:17

publicly [1] - 9:17

publish [1] - 24:5

published [2] - 9:5,

12:19

purpose [1] - 15:12

pursuant [1] - 9:7

put [3] - 18:10, 21:5,

21:13

Q

QUALITY [1] - 1:1

quality [8] - 10:17,

10:22, 10:24, 10:25,

12:10, 14:15, 15:6,

24:8

Quality [34] - 1:19,

2:2, 2:9, 2:11, 4:19,

4:25, 5:8, 5:11, 6:9,

6:15, 6:25, 8:4, 8:22,

11:10, 15:10, 15:14,

17:1, 17:4, 17:14,

19:17, 23:15, 23:16,

23:19, 23:21, 24:2,

24:4, 24:6, 24:13,

24:14, 24:22, 24:23,

25:12, 25:14, 26:6

quarters [1] - 20:10

questions [6] -

17:21, 18:1, 22:13,

22:17, 22:22, 22:23

quite [1] - 25:25

quote [10] - 9:7,

9:20, 9:22, 10:13,

10:14, 10:19, 10:20,

11:5, 16:4, 16:16

R

read [1] - 23:20

ready [1] - 8:11

really [1] - 20:17

reason [1] - 23:2

reasonable [1] -

16:14

reasonably [1] - 25:6

receive [1] - 17:2

received [1] - 4:20

receiving [1] - 19:19

recess [1] - 23:5

record [9] - 7:14,

7:17, 17:15, 17:20,

22:7, 22:15, 22:16,

22:18, 27:9

record-keeping [1] -

17:15

recorded [1] - 27:8

references [1] -

17:17

REFERRED [1] - 1:6

referred [2] - 4:9,

6:13

Referred [3] - 9:1,

23:14, 23:25

regarding [1] - 25:11

regards [1] - 11:18

Region [1] - 16:19

regional [1] - 16:19

Register [3] - 4:18,

9:5, 9:15

regular [1] - 7:24

regulated [1] - 17:12

regulations [8] - 8:3,

13:18, 15:11, 17:11,

24:6, 24:9, 24:15,

25:18

regulatory [1] - 10:3

relate [1] - 10:15

related [2] - 7:21,

27:11

relative [1] - 27:13

released [2] - 15:18,

15:23

relevant [1] - 17:8

remember [1] - 7:11

REMEMBERED [1] -

1:16

repeal [1] - 24:6

reported [1] - 23:7

reporter [1] - 7:16

REPORTER [1] -

18:21

reporting [2] - 14:24,

17:15

represent [1] - 7:17

required [2] - 9:8,

9:23

Required [1] - 5:6

requirement [3] -

10:12, 11:17, 18:18

requirements [12] -

10:9, 13:19, 13:20,

14:7, 15:11, 15:16,

16:8, 16:22, 17:11,

21:9, 24:11, 24:21

KATHY TOWNSEND COURT REPORTERS

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606

5

requires [1] - 24:3

resolution [4] - 21:1,

21:15, 22:4, 26:8

Resolution [4] -

23:16, 23:20, 23:22,

26:6

resolved [1] - 25:9

resources [3] - 11:1,

19:18, 19:19

response [2] - 10:19,

16:3

responses [1] -

26:10

result [1] - 12:6

results [1] - 18:23

Review [1] - 4:12

revise [1] - 13:23

revised [5] - 9:4,

9:11, 11:8, 12:12,

14:4

revision [4] - 12:13,

15:2, 25:2, 25:19

Revisions [2] - 4:22,

12:21

revisions [1] - 15:1

road [1] - 12:1

rule [2] - 9:15, 9:16

Rulemaking [2] -

4:15, 24:23

Rules [1] - 7:9

running [1] - 18:12

S

sampling [3] - 18:17,

19:22, 19:23

saw [1] - 22:11

schedule [1] - 18:19

scientific [1] - 12:14

Scientist [1] - 2:11

scientist [1] - 8:21

second [3] - 25:20,

25:21, 25:24

secondary [1] -

13:17

seconded [1] - 25:22

Section [15] - 4:8,

6:13, 8:21, 9:1, 9:22,

10:12, 10:14, 10:20,

11:3, 11:18, 14:13,

16:8, 16:13, 17:17,

23:24

SECTIONS [2] - 1:5,

1:6

Sections [9] - 4:6,

5:6, 6:12, 8:25, 9:7,

10:10, 14:8, 15:16,

23:12

see [2] - 12:20, 17:16
seeing [3] - 22:22,

23:1, 23:3

Serve [1] - 4:19

session [1] - 6:2

set [1] - 11:3

several [2] - 18:18,

19:7

shall [1] - 8:4

shape [3] - 19:24,

20:17, 20:21

Sharpe [1] - 6:22

SHARPE [3] - 2:4,

22:15, 25:24

Sheet [3] - 4:22,

12:20, 17:16

short [1] - 12:7

short-term [1] - 12:7

shorthand [1] - 27:9

show [1] - 12:22

showing [1] - 4:13

shown [6] - 15:24,

16:21, 16:25, 17:3,

17:18, 25:13

side [1] - 19:7

signed [2] - 9:4, 9:16

significant [1] - 13:7

simply [2] - 17:7,

19:9

Simultaneous [1] -

26:10

SIP [53] - 1:5, 1:7,

4:5, 4:10, 4:14, 5:5,

6:14, 8:1, 8:24, 9:2,

9:9, 9:24, 10:4, 10:10,

10:11, 10:14, 11:4,

11:6, 11:9, 11:13,

13:16, 13:17, 13:23,

13:25, 14:2, 14:5,

14:6, 15:1, 15:12,

15:13, 15:21, 16:3,

16:5, 16:6, 16:7,

16:12, 16:13, 16:20,

16:25, 17:5, 17:6,

17:8, 17:13, 17:18,

18:9, 23:12, 23:14,

23:23, 24:1, 25:1,

25:3, 25:11, 25:19

SIPs [4] - 9:18,

10:18, 13:22, 15:20

slightly [1] - 19:22

smelter [2] - 13:11,

13:13

smelters [1] - 11:23

social [1] - 8:9

soft [1] - 11:20

soil [1] - 12:1

someone [1] - 22:5

sometime [1] - 20:1

SOP [1] - 21:21

sorry [2] - 19:6,

22:12

sort [2] - 19:8, 19:11

source [2] - 13:18,

14:23

source-specific [1] -

13:18

sources [6] - 8:10,

11:23, 12:3, 12:25,

13:2, 13:6

specific [1] - 13:18

specifically [1] -

9:25

specifies [1] - 9:22

specify [1] - 21:7

spectroscopy [1] -

21:11

spot [1] - 21:14

ss [1] - 27:2

staff [2] - 5:10, 25:17

Staff's [1] - 25:13

stand [1] - 17:21

standard [5] - 9:12,

12:10, 12:11, 12:14,

12:16

standards [2] - 24:8,

24:10

Standards [1] - 5:8

started [1] - 18:18

State [8] - 4:4, 5:4,

6:10, 8:23, 11:11,

16:18, 23:11, 23:22

state [10] - 9:8, 9:25,

10:2, 10:6, 10:8,

13:12, 13:16, 13:23,

16:5, 16:14

STATE [2] - 1:4, 27:1

state's [3] - 10:11,

10:17, 16:6

statement [2] - 18:9,

19:21

States [2] - 9:12,

24:11

states [4] - 10:21,

13:22, 15:19, 19:16

statewide [1] - 13:2

station [1] - 22:7

stationary [1] - 14:23

statutory [1] - 10:2

STEPHEN [1] - 2:5

Steve [1] - 6:21

still [1] - 19:12

Strategies [1] - 8:21

studies [2] - 12:17,

12:22

sub [1] - 9:23

sub-elements [1] -

9:23

subject [1] - 8:10

submission [1] -

16:16

submit [3] - 9:9,

19:3, 25:18

submittal [5] - 9:18,

10:5, 10:10, 16:6,

16:20

submittals [1] -

16:13

submitted [3] - 10:3,

10:18, 25:2

Subpart [1] - 14:1

subsections [1] -

11:2

substantive [2] -

15:25, 16:1

sufficiency [1] - 14:6

sufficient [1] - 14:3

Suite [1] - 2:13

Sullivan [2] - 6:22,

25:23

SULLIVAN [2] - 2:6,

25:21

support [1] - 7:5

Susana [1] - 16:18

suspect [1] - 18:24

sworn [5] - 7:12,

7:13, 7:15, 8:13, 8:15

synopsis [1] - 15:14

system [1] - 14:16

T

term [2] - 12:7, 12:8

testified [2] - 7:18,

8:16

testifies [1] - 7:15

Testimony [2] - 3:5,

4:24

TESTIMONY [1] -

8:17

testimony [9] - 6:24,

7:4, 7:12, 7:13, 7:16,

7:22, 8:22, 17:19,

25:5

Texas [1] - 13:12

Texas/New [1] -

13:12

THE [6] - 1:4, 1:5,

1:7, 18:3, 18:21

themselves [1] -

7:17

therefore [5] - 9:17,

14:5, 16:1, 16:17,

25:9

three [3] - 9:11, 18:7,

20:10

three-quarters [1] -

20:10

throughout [1] - 13:7

timers [1] - 18:19

TO [3] - 1:4, 1:5, 1:7

tonight [4] - 6:20,

7:23, 7:25, 22:21

tons [1] - 13:1

transcript [1] - 27:9

TRANSCRIPT [1] -

1:14

transport [2] - 14:18,

14:20

true [1] - 27:9

trying [1] - 21:13

two [4] - 8:8, 18:7,

20:10, 20:16

two-and-a-half [1] -

20:16

typically [1] - 13:18

U

unanimously [1] -

26:12

uncertainty [1] -

21:8

unclassifiable/

attainment [1] - 13:15

under [3] - 15:3,

15:16, 17:16

Under [1] - 5:6

United [2] - 9:12,

24:11

up [1] - 18:12

UPSON [1] - 2:5

Upson [1] - 6:23

US [2] - 4:22, 13:8

USC [6] - 1:6, 4:8,

6:13, 9:1, 23:13,

23:25

uses [1] - 21:10

utilities [1] - 11:24

V

vague [1] - 19:6

value [1] - 8:9

vendor[1] - 20:7

version [1] - 15:24

VI [1] - 16:20

Vice [3] - 2:5, 6:21,

20:23

Vice-Chair [2] - 6:21,

20:23

Vincent [3] - 1:19,

6:4, 24:17

visibility [2] - 8:8,

15:5

vote [1] - 26:5

KATHY TOWNSEND COURT REPORTERS

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606

6

W

waiting [1] - 19:9

wants [2] - 7:20, 7:21

warrant [1] - 25:7

waste [1] - 11:23

weeks [1] - 18:18

weight [1] - 8:5

welfare [1] - 8:8

whereas [4] - 24:2,

24:16, 24:25, 25:4

windblown [1] - 12:1

witness [3] - 7:18,

7:19, 7:21

WITNESSES [1] - 3:3

wondered [1] - 19:18

wondering [1] -

18:25

words [1] - 20:20

wow [1] - 20:12

written [1] - 11:15

Y

year [3] - 13:1, 20:1,

20:10

years [1] - 9:11