### Susana Martinez GowniDr



### May2, 2012

Mr. Sam Coleman 

# State ofNewMexico

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 ofthe 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 

### ofthe City 

### ofAlbuquerque'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 1706-2006public 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 SI P 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, ordocument 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 hardcopy 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 toby 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 hearingsrequires 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 E PA 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 certainbaseline 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-specifie 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. I05, pp. I0842-1 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) 

### ofthe federal Clean Air Act (CAA) [codified at U.S. Code: Title 42, Chapter 85, Subchapter I, Part A, §7410, State Implementation Plans For National PrimaryAnd Secondary AmbientAir 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, 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 City ofAlbuquerque 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 ofthe approved Albuquerque-Bernalillo County, New Mexico SIP and are cited in 40 CFR § 52.1620(c) unless otherwise stated. Those requirements ofCAA § 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 ofTitle I ofthe CAA, are fulfilled during the development and submission to EPA as a SIP revision of attainment plans.§ II0(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 implementationplan 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 ofNew Mexico Administrative Code (NMAC) incentives such as fees, Title 20, Environment Protection, Chapter II,Albuquerquemarketablepermits, 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 ofthe 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 ofAlbuquerque 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, AirPollution,

-- 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 II0 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 ofthe 2008 lead NAAQS. AQD does not exempt from enforcement excess emissions that occur during start-up, shutdown, maintenance, or malfunction. Emissions in excess ofpermit 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 ofproof 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 ofmore 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 of40 CFR Part 58, Appendix A, and located at AQS Site Number 35-001-0023, Del Norte NCore Site which meets the minimum siting requirements ofPart 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 aprogram to AQD has established regulations governing the enforcement provide for enforcement of ofcontrol 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 theplan as necessary to assure that NAAQS are achieved, including apermitprogram 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 ofFrisco. (I) 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 ofpoint and area source lead ambient air quality emissions in New Mexico (including Bernalillo County) and standard, or the lack oflead 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 implementationplan 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 ofsignificant 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 generalpurpose 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 ofnational standards. State orgeneral purpose localgovernments for such § 74-2-5 also provides the Air Board adequate legal authority purpose) will have to enforce applicable laws, regulations, standards, and adequatepersonnel, 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 implementationplan (and The resources to carry out the implementation plan are is notprohibited 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 implementationplan or

portion thereof), No organizations outside ofAQD 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 ofthe 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 ofmembers who represent the public interest requirements respecting and do not derive any significant portion oftheir 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 ofNew Mexico's SIP within Bernalillo County [See relied on a local or § 74-2-4]. NMED and the state Environmentallmprovement regionalgovernment, Board retain oversight authority in the event the local agency, or instrumentality authority fails to act[§ 74-2-4 (D)]. for the implementation of anyplanprovision, 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 ofemissions 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 ofChapter II ofNew 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 ofthe 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)

§IIO(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 ofan emergency due to the effects ofthe 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 ofState Rules Act of

attainingsuch standard, [Chapter 14, Article 4, NMSA 1978]. Nothing in New and Mexico's statutory or regulatory authority prohibits (ii} except asprovided 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 theplan 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 ofCAA § 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 toprevention 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 ofthe I05 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 ofthe CAA [42 U.S.C.A. § 7471] for prevention ofsignificant deterioration. These provisions were approved by EPA as part ofthe 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) theperformance of such quality modeling in order to assess the effect on ambient air air quality modeling as the quality ofrelevant pollutant emissions; and can provide Administrator may relevant data as part of the permitting and NAAQS prescribe for thepurpose 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 topay to incorporated into the New Mexico SIP [Bernalillo County, thepermitting authority, as 4/10/80,45 FR 24468]. Albuquerque-Bernalillo County's a condition of anypermit 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}, afee 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 suchfee requirement is superseded with respect to such sources by the Administrator's approval of a

feeprogram under Title V [Subchapter V of this Chapter]; provide for consultation New Mexico State Statute§ 74-2-5.2 State Air Pollution andpatticipation by local Control Agency; Specific Duties And Powers OfThe political subdivisions Department, states that: "The department is the state air affected by theplan. 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 offederal 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 ofcommon 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 ofair pollution in areas having related air pollution problems that overlap the boundaries ofpolitical 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") ofthe City ofAlbuquerque's Environmental Health Department, hereby submits its Notice ofIntent (NOI) to present technical testimony in this proceeding. 1. 

### The person for whom the witness will testify. City ofAlbuquerque 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 ofNorth Dakota; B.S. Biology (Zoology), University ofNew 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 ofAlbuquerque's Environmental Health Department for 14 +years; the last 10 ofwhich Notice ofIntent Page 1 of 6

### have been with the Air Quality Division. Chiefresponsibility is the promulgation of air quality regulations for implementation within the County ofBernalillo. ·



### Ken Lienemann. Air Monitoring Supervisor, Air Quality Division. M.S. Remote Sensing, University ofTennessee and B.S. Mechanical Engineering, University ofNebraska. Employed by the City ofAlbuquerque's Environmental Health Department, Air Quality Division for 5 +years. Previously employed by the State ofNew Mexico's, Air Quality Bureau Control Strategies (200 1-2006). Oversees operation ofthe 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 ofAlbuquerque's Environmental Health Department, Air Quality Division for 9 +years. Previously employed by the State ofNew 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 ofthe 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) 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 ofpromulgation of a new or revised standard. Therefore, this plan or "Infrastructure SIP" addressing the requirements of Sections II O(a)(2)(A)--(M) ofthe CAA was due October 15,2011. Section IIO(a)(l) ofthe 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 ofelements 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 ofthe proposed Lead NAAQS Infrastructure SIP; as proposed in the Public Review Draft shown as AQD Exhibit Ia; as amended by StaffProposed 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) ofthe 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 ofProposed Rulemaking: Including the legal advertisement ofthis 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)

Staffproposed floor amendments

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

Draft Certification Letter From Governor to EPA

6. Reservation ofRights 

### This Notice ofIntent 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 ofintent 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 of6 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 ofthis 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 ofthis 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 Li st 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 Qual ity 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 ofAlbuquerque, 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) ofthe 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 ofthe 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) ofthe CAA addresses the timing requirement for the submissions of any "Infrastructure SIP" revisions, while Section IIO(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) ofthe CAA is due October 15,2011. This "Infrastructure SIP" is a compilation ofelements 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 ofAlbuquerque One Civic Plaza, NW, Suite 3023 Albuquerque, New Mexico 87103 (505) 768-2706

CERTIFICATION I hereby certify that a copy ofthis 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 ofAlbuquerque



### 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. 37, No. l05, pp. l0842-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 AmbientAir 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 ofthe approved Albuquerque-Bernalillo County, New Mexico SIP and are cited in 40 CFR § 52.1620(c) unless otherwise stated. Those requirements ofCAA § 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 ofTitle I ofthe 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 implementationplan 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 ofNew Mexico Administrative Code (NMAC) incentives such as fees, Title 20, Environment Protection, Chapter II, Albuquerquemarketablepermits, 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 ofthe 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-- ofthe 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 ofAlbuquerque'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 ofthe 2008lead NAAQS. AQD does not exempt from enforcement excess emissions that occur during start-up, shutdown, maintenance, or malfunction. Emissions in excess ofpermit or regulatory limits are presumptively violations, subject to affirmative defenses with the burden of proofon the respondent. See Lead Infrastructure SIP

- Public Review Draft, I 0114/11 Page 2 of8§ llO(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 ofmore than 500,000 people, within Bernalillo County (i.e. Albuquerque). This sampler is scheduled to begin operation by December 27, 20 ll. 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 of40 CFR Part 58, Appendix A, and located at AQS Site Number 35-001-0023, Del Norte NCore Site which meets the minimum siting requirements ofPart 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 aprogram to AQD has established regulations governing the enforcement provide/or enforcement of ofcontrol 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 theplan as necessary to assure that NAAQS are achieved, including a permitprogram 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 airpollutant Albuquerque), in northern Texas, located in the County of in amounts which will: Collin, in the town ofFrisco. (I) contribute significantly to New Mexico (including Bernalillo County) does not have any nonattainment in, or major sources oflead. 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 ofpoint 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 planfor 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 generalpurpose 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 ofnational standards. State orgeneralpurpose 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 adequatepersonnel, 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 implementationplan orportion 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 ofNew 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 anyplanprovision, 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 ofemissions 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 ofChapter 11 ofNew Mexico's emissions and emissions- Administrative Code Title 20. related datafrom 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. establishedpursuant 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 ofthe 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

§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 AirPollution Episode Contingency Plan of this 11tle] and adequate for Bernalillo County [8/21/91, 56 FR 38074; 40 CFR contingencyplans to 52.1639, Prevention of AirPollution Emergency Episodes], implement such authority. that covers air pollution episodes and the occurrence ofan emergency due to the effects ofthe 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 ofState 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 theplan 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 aplan 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: topublic notification), and h!!Jl://www.eRa.gov/air/datalgeosel.html. Additionally, as Part C of this Subchapter part ofthe 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 ofthe CAA [42 U.S.C.A. § 7471] for prevention of significant deterioration. These provisions were approved by EPA as part ofthe 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, thepermitting authority, as 4/10/80, 45 FR 24468]. Albuquerque-Bernalillo County's a condition of anypermit 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}, afee 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 afee program under Title V [Subchapter V of this Chapter]; provide for consultation New Mexico State Statute § 74-2-5.2 "State air pollution andparticipation by local control agency; specific duties and powers ofthe political subdivisions department,'' requires advising; consulting; contracting with affected by theplan. and cooperating with local authorities, other states, the federal government and other interested persons or groups in regard to matters ofcommon interest in the field of air quality control; and initiation ofcooperative 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 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 of8I 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 ofthe 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) ofthe Federal Clean Air Act (CAA) for the revised National Ambient Air Quality Standard (NAAQS) for Lead. Section l!O(a)(l) ofthe CAA addresses the timing requirement for the submissions ofany "Infrastructure SIP" revisions, while Section IIO(a)(2) ofthe CAA lists the required elements that comprise the "Infrastructure SIP". On October 15, 2008, the Administrator ofthe 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) ofthe CAA, each State is required to submit a plan to provide for the implementation, maintenance, and enforcement ofa newly promulgated or revised NAAQS within 3 years ofpromulgation ofa new or revised standard. Therefore, this plan or "Infrastructure SIP" addressing the requirements of Sections 110(a)(2)(A)--(M) ofthe CAA is due October 15, 2011. This "Infrastructure SIP" is a compilation ofelements 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 ofthe Air Board are open to the public and all interested persons are encouraged to participate. All persons who wish to testifY regarding the subject ofthe 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 ofthe 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 ofthe 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 ofAlbuquerque Air Quality Division website. NOTICE FOR PERSON

1112112011 11:41 AM2 of2 http://legals.abqjoumal.com'legals/print_legal/27119£



### WITH DISABILITIES: Ifyou 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 INew 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 ofthe 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) ofthe Federal Clean Air Act (CAA) for the revised National Ambient Air Quality Standard (NAAQS) for Lead. Section IIO(a)(l) ofthe CAA addresses the timing requirement for the submissions ofany "Infrastructure SIP" revisions, while Section IIO(a)(2) ofthe CAA lists the required elements that comprise the "Infrastructure SIP". On October 15, 2008, the Administrator ofthe 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) ofthe CAA, each State is required to submit a plan to provide for the implementation, maintenance, and enforcement ofa newly promulgated or revised NAAQS within 3 years of promulgation ofa new or revised standard. Therefore, this plan or "Infrastructure SIP.. addressing the requirements of Sections IIO(a)(2)(A)--(M) ofthe 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 ofthe Air Board are open to the public and all interested persons are encouraged to participate. All persons who wish to testify regarding the subject ofthe 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 OfIntent (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 ofthe 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 ofthe 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 ofAlbuquerque Air Quality Division website. NOTICE FOR PERSON WITH DISABILITIES: Ifyou 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 ofthe 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) ofthe 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) ofthe 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) 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. 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) ofthe CAA is due October 15,2011. This "Infrastructure SIP" is a compilation ofelementsthat 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. Foilowing 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 ofthe Air Board are open to the public and all interested persons are encouraged to participate. All persons who wish to testify regarding the subject ofthe 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 ofthe 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 ofthe 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: Ifyou 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 ofthe 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 oflead early 

### in life have been linked to effects on IQ, learning, memory, and behavior. There is no known safe level oflead 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 ofavoiding IQ loss. The agency estimates costs ofimplementing 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) oflead and in urban areas with more than 500,000 people.

• Also as part ofthis 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 ofevidence, EPA has determined that the 1978 standard of**1.5~g/m 3**  

### is not sufficient to protect public health with an adequate margin of safety.

• The Agency is revising the level ofthe standard to 0.15**~g!m 3**  

### to provide increased protection for at-risk populations against a variety ofadverse 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 ofall 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 ofnew 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 ofthe lead NAAQS. These are the air quality statistics that are compared to the level ofthe 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 ofusing calendar quarters. A rolling threemonth average considers each ofthe 12 three-month periods associated with a given year, notjust 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 ofthe I0 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 ofall newly required monitors are to be operational by January I, 2010, with the other halfof 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 ofthe 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-PM 10 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/m 3

o If a lead-PM 10 monitor measures three-month average levels greater than or equal to 0.10 f1g/m 3

, then that monitoring agency must install and operate a lead-TSP monitor within six months o Lead- PM 10 measurements greater than the NAAQS are considered to be in violation ofthe 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 Timelinefor 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 ofthe air, can be ingested. Ingestion of lead that has settled onto surfaces is the main route ofhuman 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 ofhealth 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 ofmeeting the standards as required by Executive Order 12866 and guidance from the White House 

### 0 ffice ofManagement and Budget.

• To estimate the costs ofmeeting the final NAAQS, EPA analyzed the cost ofusing both existing controls and controls that may be developed in the future for reducing lead from industrial sources.

• EPA estimates that at full implementation ofthe final lead NAAQS in 2016, the costs in that year will be approximately $150 million to $2.8 billion.

• To estimate the benefits ofmeeting the revised lead standards, EPA used peer-reviewed studies ofhealth and welfare etTects, and peer-reviewed studies of the dollar values ofpublic health improvements.

• EPA calculated the benefits ofavoiding 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 ofthe 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 ofhealth 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 ofMissouri 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 oflead in the air have dropped nearly 94 percent between 1980 and 2007. Much ofthis dramatic improvement occurred as a result ofthe permanent phaseout of lead in gasoline. However, lead continues to be emitted into the air from many different types ofstationary 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 ofthe 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) ofthe CAA, each state is required to submit a plan (State Implementation Plan or "SIP") for the implementation, maintenance, and enforcement ofa newly promulgated or revised NAAQS", within three years ofthe promulgation of such a standard by the United States Environmental Protection Agency (EPA). "Although the effective date ofthe 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 ofSection IIO(a)(2)". "Many ofthe Section II O(a)(2) SIP elements relate to the general information and authorities that constitute the 'infrastructure' ofa 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 II0 (a)(2) ofthe 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 ofNew Mexico's state implementation plan. Ifthe Infrastructure SIP is adopted by the Air Board and approved by EPA, it will provide a federally enforceable written confirmation ofhow Albuquerque and Bernalillo County will continue to comply with 'each applicable requirement ofSection 110(a)(2)' ofthe 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 ofshort 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 ofthe 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 inNew 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 ofthe SIP are sufficient to ensure implementation and enforcement ofthe revised lead NAAQS. The proposed lead Infrastructure SIP therefore consists of a demonstration ofthe sufficiency ofthe existing SIP outlined in a matrix which itemizes the requirements of Sections IIO(a)(2)(A) through (M) ofthe 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 ofthe Lead Infrastructure SIP is to provide EPA with a synopsis ofthe 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) ofthe 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 oftheir 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: "Ifa 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 ofthe Section II O(a)(2) infrastructure elements as applicable for the 2008 Pb NAAQS. Such certification (e.g. in the form ofa 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 ofNew 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 ofNew Mexico. The proposed SIP is simply an overview ofwhat Albuquerque-Bernalillo County currently has in its overall State Implementation Plan as relevant to the implementation, maintenance and enforcement ofthe 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 ofadditional 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) ofthe 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) ofthe 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 ofthe NAAQS. The attachment to this memorandum summarizes each ofthese requirements. The CAA provides that states are to submit to EPA SIPs addressing the requirements ofsections IIO(a)(l) and II O(a)(2) within three years of promulgation ofa new or revised standard. 1 

### The EPA recognizes that many ofthe required section IIO(a)(2) elements relate to the general information and authorities that constitute the infrastructure ofa 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 ofeach state to review its air quality management program's infrastructure SIP provisions in light ofeach 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 oflhe 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 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 ofVisibility • 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 ofthe 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 ofhow the state's SIP meets each applicable requirement of section 110(a)(2). Where a SIP submittal does not meet the requirements ofthose CAA provisions, a letter should be sent to the state notifying it ofthe finding of incompleteness. EPA's criteria for determining the completeness ofa 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 ofsection 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 IIO(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. 

### IfEPA 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 ofthe 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 ofinfrastructure 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 ofthese 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 IIO(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••••••••----·········16Attachment 

### 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 ofa new or revised standard. Many ofthe section I IO(a)(2) SIP elements relate to the general infurmation and authorities that constitute the "infrastructure" ofa 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 ofeach state to review its air quality management program's infrastructure SIP provisions in light ofeach 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 ofVisibility"), 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 ofPlan Submissions." For example, in accordance with Appendix V, paragraph 2.1(d), an infrastructure SIP submittal would include a copy ofthe actual regulation that the state is submitting for approval and incorporation by reference into its SIP, ifa copy ofthat 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. Ifa 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 ofhow 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) ofthe 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, orthat interfere with maintenance in any other state, or that interfere with programs under part C ofthe 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 ofsection IIO(a)(I). The elements pertain to part D, in Title I ofthe 

### 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 ofinfrastructure 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) 

### ofsection 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 ofthe 2008 Pb NAAQS.



### Section llO(a)(l)(Al: Emission 

### limits 

### agd other control measures ··Each suchplan 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. "

2Attachment

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 ofthe 2008 NAAQS. There are two other issues that generally fall under this particular element ofsection 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 ofthe NAAQS and compliance with other CAA requirements, EPA would view all 

### periods ofexcess emissions as violations ofthe applicable emission limitation. Therefore, new provisions as part ofan approvable SIP submittal could not exempt from enforcement excess emissions that may occur at a facility during a period ofstartup 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 ofEPA'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 

### ofan 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 ofexcess emissions is a violation ofan 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 suchplan shall[.

. . ] provide for establishment and operation of appropriate devices, methods, systems, andprocedures 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 IJO(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 I0.

• 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 ofany planned changes to monitoring sites

or 

### to the network plan.

4Attachment

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 ofTitle I ofthe CAA, and collectively referred to as the major New Source Review (NSR) program, govern preconstruction review and permitting ofany new or modified major stationary sources ofair pollutants regulated under the CAA as well as any precursors to the formation ofthat 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 ofinfrastructure SIP elements (C) and (J) 

### is the approvability ofa 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 ofPb emission limits and control measures. • Identify the various state regulations that govern permitting ofnew 

### 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 ofsuch 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 ofmajor stationary sources does not cause or contribute to a violation ofthe 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 ofan 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 ofthe SIP (or SIP submission) for which EPA rescinded our previous approval ofthe 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 ofthe 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 ofall 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 ofthe state's infrastructure SIP submittal, we expect 

### the permitting authority would simply continue implementation ofthe 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) ofthe CAA which requires"

...regulation of

### the modification and construction ofany stationary source ...

### as

' Prevention ofSignificant Deurioration and Title V Greenhouse Gas Tailoring Rule; Final Rule. 75 FR J I514 (JIUie 3, 2010). ' limitation ofApproval ofPreventioo ofSignificant 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 

### EPA-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 ofthe promulgation ofa 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 ofthese regulations still may need to be 

### evaluated and 

### potentially revised in light ofthe 2008 Pb NAAQS. See for example, provisions 40 CFR Part 51. 166(i)(5l(i)(g) ("the emissions increase ofthe pollutant from a 

### new stationary source or the net emissions increase ofthe 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 ofa source to 

### emit any ofthe following pollutants, a rateofemissions that would equal or exceed any ofthe 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 suchplan shall[.

..] contain adequateprovisions: (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 nationalprimary or secondary ambient air quality standard, or interfere with measures required to be 

### included in 

### the applicable implementation plan for any other state underpart C of this subchapter toprevent significant deterioration of air quality to protect visibility. " Section IIO(a)(2)(D)(i) provides for infrastructure SIPs to include provisions prohibiting any source or other type 

### ofemissions activity in one state from contnbuting significantly to nonattainment, or interfering with maintenance, ofthe 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 7Attachment

directs infrastructure SIPs to include provisions prohibiting any source or other type ofemissions activity in one stale from interfering with measures required to prevent significant deterioralion ofair 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 ofsubsection (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 ofsection IIO(a)(2)(D)(i)(I) the stale's submission should include an explanation in support ofthe stale's conclusion 

### and, ifapplicable, 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 (ifthe stale contains a nonaltainment area fur the relevant pollutant) NNSR programs that implement the 2008 Pb NAAQS. 8 With regard to the requirement ofprong 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, ifnot 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 ofcoarse and fme particles, Pb generally comprises a small fraction ofcoarse 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 ofthe state's conclusion (and, ifapplicable, 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 ofprong 4.



### Section llO(a)(llfD)(Ul; Intentate 

## and International transport provisions "Each such plan shall[.

. .} contain adequateprovisions insuring compliance with the applicable requirements of sections 115 or 126 (b) 

### that involve Pb emissions (relating to interstate and internationalpollution abatement)." Section 126(a) ofthe CAA directs each SIP to include provisions requiring a new or modified

source to notify neighboring states ofpotential 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 ofother state and local agencies. States relying on the federal program requirements of40 CFR 52.21 fql. which provide for notification ofaffected 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 IIO(a)(2)(D)(ii).

0Analysis by Mark Schmidt, OAQPS, "Ambient Pb's Contributi011to Class 1 Area Visibility Impairment," JIU1c 17, 2011. 

### 9Attachment

Sections 126(b) 

### and 126(c) ofthe CAA affect a state only ifthe Administrator has been petitioned to make a finding ofviolation 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 ofsuch a petition, the state has no continuing obligation under sections 126(b) or 126(c). Section 115 ofthe 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 ofthe 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 suchplan shall {

. . ] provide: (i) necessary assurances that the state (or. except where the Administrator deems inappropriate. the generalpurpose local government or governments, or a regional agency designated by the state or generalpurpose 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 

### notprohibited by anyprovision of

federal or state law from carrying out such implementationplan 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 anyplanprovision. the state has responsibility for ensuring adequate implementation of such planprovision. "

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 ofsuch 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 10Attachment

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 ofthe state's laws or regulations that provide that authority are to be specifically identified in the infrastructure SIP, and copies ofthe 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 ofrules and regulations that show that the state has adopted the emission limitations and other measures necessary fur attainment 

### and maintenance ofthe 2008 Pb NAAQS. See 40 CFR 51.281, "Copies ofrules 

### 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 ofthe CAA states: 

### Sec. 128. (a) Not later than the date oneyear after the dale of the enactment of this section, each applicable implementationplan shall contain requirements that- (/)any board or body 'lfflich approvespermits or enforcement orders under this Act shall have at/east a mqjority of members who represent thepublic interest and do not derive any significantponion of their Incomefrom persons subject to permits or enforcement orders under this Act, and (2) anypotential coriflicts of interest by members of such board or body or the head of an executive agency with similarpowers 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 ofInterest Requirements ofSection 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 implementationplan. Attachment

Finally, the infrastructure SIP should assure that the state retains responsibility for ensuring adequate implementation ofthe state's SIP obligations with respect 

### to the 2008 Pb NAAQS. A state may assign responsibility for carrying out a portion ofits SIP to a state government agency other than the state air pollution control agency, ifthe 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 ofthe SIP within the local agency'sjurisdiction, ifthe SIP demonstrates that the local agency has the necessary legal authority; however, the authorizing state 

### is not relieved ofresponsibility for carrying out the SIP. See 40 CFR 51.232. "Assignment oflegal authority to 

### local agencies.• 

### Sediop IIO(a)(llff): Sgtlonarv source mogjtoriuc aud 

### reuortigg

"Each such plan shall[.

. .] require, as may beprescribed 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 orstandards establishedpursuant to this chapter, Milich reports shall be available at reasonable times forpublic 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 ofsources' compliance with the Pb NAAQS. For example, the SIP should include provisions for owners or operators ofstationary sources to maintain records ofemissions 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 ofemissions 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 shallprovide for authority comparable to that in section 303 of this Title and adequate contingencyplans to implement such authority. " 

### Section 303 ofthe 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 ofa malfunction or other emergency situation at a relatively large source oflead. Accordingly, EPA believes that the central components ofa contingency plan would be to reduce emissions from the source at issue (ifnecessary by curtailing operations) and 

### public communication as needed. In addition, ifa state believes, based on its inventory oflead 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 ofa 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 ofwhat constitutes appropriate contingency planning for other pollutants.



### 13

### Section IIO(a)(l)(H); Future SIP qvlslon1 "Each suchplan shall{.

. . ] provide for revision of suchplan- (i)from time to time as may 

### be necessary to take account of revisions of such ruJtionalprimary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining such standard, and Attachment

(ii) 

### except asprovided in paragraph (3}(C), whenever the Administrator finds on the basis of information available to the Administrator that theplan 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 ofsuch primary or secondary NAAQS orthe availability ofimproved or more expeditious 

### methods of attaining such standards; and 2) revise its section II0 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 suchplan shall{.

. .} in the case of aplan orplan revisionfor 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 IIO(a)(2)(I). Nonattainment area plans required under part Dare required on a different schedule from the section II0 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 suchplan 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 visibilityprotection). "

14Attachment

The infrastructure SIP should reference the state rules 

### that provide a process ofconsultation with general purpose local governments, designated organizations ofelected officials oflocal 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 ofany 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 IIO(a)(2)(J). With regard to the requirement ofthe plan to meet the applicable requirements fur visibility protection, EPA would not expect to 

### treat this provision as applicable fur purposes ofthe infrastructure SIP approval process. EPA recognizes that states are subject to visibility protection 

### and regional haze program requirements under Part C ofthe Act (which includes sections 169A and 1698). However, in the event ofthe establishment ofa new primary 

### NAAQS, 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 ofthe 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 airpollutant 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

. .. 15Attachment

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 ofrelevant pollutant emissions; and that the state can provide relevant data as part ofthe 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 ofair 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, afee 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

feeprogram under subchapter Title) Vof 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 ofState and Local Operating Permits Programs".



### Section llO<all:Zl<M): Consultatlonlpartftlpatlon by 

### affected local 

### entitles "Each suchplan shall[.

. .}provide/or consultation andparticipation by 

### localpolitical subdivisions affected by 

### theplan. "



### 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 ofsuch 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) ofthe 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 AmbientAir 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, 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 City ofAlbuquerque 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 ofthe approved Albuquerque-Bernalillo County, New Mexico SIP and are cited in 40 CFR § 52.1620(c) unless otherwise stated. Those requirements of CAA § IIO(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 ofTitle I ofthe 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 implementationplan 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 ofNew Mexico Administrative Code (NMAC) incentives such as fees, Title 20, Environment Protection, Chapter II, Albuquerquemarketablepermits, 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 ofthe for compliance, as may be Albuquerque-Bernalillo County Air Quality Control Board necessary orappropriate 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 ofAlbuquerque 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 ofair pollution. The regulations authorized by Chapter 74-Environmental Improvement Article 2, Air Pollution.

-- ofthe 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 ofAlbuquerque'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 ofthe 2008 lead NAAQS. AQD does not exempt from enforcement excess emissions that occur during start-up, shutdown, maintenance, or malfunction. Emissions in excess ofpermit 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 ofproof 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 ofmore 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 of40 CFR Part 58, Appendix A, and located at AQS Site Number 35-001-0023, Del Norte NCore Site which meets the minimum siting requirements ofPart 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 aprogram to AQD has established regulations governing the enforcement provide for enforcement of ofcontrol 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 theplan as necessary to assure that NAAQS are achieved, including apermit 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 ofFrisco. (!) 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 ofpoint and area source lead ambient air quality emissions in New Mexico (including Bernalillo County) and standard, or the lack oflead 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 implementationplan 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 ofsignificant 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 generalpurpose 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 ofnational standards. State orgeneral 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 adequatepersonnel, 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 implementationplan (and The resources to carry out the implementation plan are is notprohibited 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 implementationplan orportion thereof}, No organizations outside ofAQD 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 ofthe 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)

§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 ofmembers who represent the public interest requirements respecting and do not derive any significant portion oftheir 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 ofNew Mexico's SIP within Bernalillo County [See relied on a local or § 74-2-4]. NMED and the state Environmental Improvement regionalgovernment, Board retain oversight authority in the event the local agency, or instrumentality authority fails to act[§ 74-2-4 (D)]. for the implementation of anyplanprovision, 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 ofemissions 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 ofChapter II ofNew Mexico's emissions and emissions- Administrative Code Title 20. related datafrom 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 ofthe 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 contingencyplans to 52. 1639, Prevention of Air Pollution Emergency Episodes], implement such authority. that covers air pollution episodes and the occurrence ofan emergency due to the effects ofthe 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 nationalprimary 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 ofState 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 asprovided 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 aplan 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. [f&ee]20.11.82 NMAq, Rulemaking (relating to consultation), Procedures -Air Qualitv Control Board 1 sti12ulates notice CAA Section 127 [Section reguirements for rule making 1 and is used a guide for notice 7427 of this Title] (relating reguirements when**ado~ting** SIPs. topublic 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 ofthe 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§IIO(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 ofthe CAA [42 U.S.C.A. § 7471] for prevention of significant deterioration. These provisions were approved by EPA as part ofthe 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, 20II. 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 ofrelevant :gollutant emissions; and can :grovide Administrator may relevant data as Qart ofthe 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 topay to incorporated into the New Mexico SIP [Bernalillo County, thepermitting authority, as 4/10/80, 45 FR 24468]. Albuquerque-Bernalillo County's a condition of anypermit 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], afee 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 applicationfor such a permit, and (ii) 

### if the owner or operator receives apermit 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

feeprogram under Title V [Subchapter V of this Chapter]; provide for consultation New Mexico State Statute§ 74-2-5.2 StateAir Pollution andparticipation by local Control Agency; Specific DutiesAnd Powers OfThe political subdivisions Department, states that: 'The**de~artment** is the state air affected by theplan. 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 offederal 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 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. [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 ofthe Petition to adopt a State Implementation Plan (SIP) for Lead to address Sections IIO(a)(l) and (2) ofthe 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 ofAgenda (Chair) Item #2 Approval ofDecember 14, 20 II Meeting Minutes (Chair) PUBLIC COMMENT ACTION ITEMS Item #3 Decision in the Matter ofthe Petition to adopt a State Implementation Plan (SIP) for Lead to address Sections IIO(a)(l) and (2) ofthe 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. Staffavailable 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. 00Members 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 ofeach 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 anypublic 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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## 1 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 11 th 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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## 2

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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## 3

I N D E X PAGE WITNESSES : NEAL BUTT Direct Testimony 8 Examination by the Board 18

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## 4

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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## 5 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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## 6

MR . GRANTHAM : Good evening . I' ll call the public hearing into session . This public hearing is being held on January 11 th , 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 20 11-6 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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## 7 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 1 10 (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 12 th , 2008 .

Quote , p ursuant 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 12 th , 2009 , the rule was signed by the administrator and publicly disseminated on October 15 th , 2008 . Therefore , the deadline for submittal of the infrastructure SIPs for the 2008 lead NAAQS was October 15 th , 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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## 10 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 19 70 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 ] mon itoring 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 out lines 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 out door and indoor air . Lead in out door 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 natural ly 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 19 78 .

More than 6, 000 new studies on lead health effects , environmental effects and lead in the air have been published since 19 90.

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 19 75 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 designate d as

un classifiable / 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 , 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 st , 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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## 14 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 1 10 (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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## 15 (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 out lined under the requirements of Sections 110 (a)(2)(A) through (M) of the Clean Air Act .

On June 17 th 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 14 th , 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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## 16

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 submittal s, 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.

Out reach 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 over all 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 27 th , 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 perf ormed 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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## 21 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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## 23 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 74 10 (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 74 10 (a)(1) and (2) Hereafter Referred to

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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 Ac t 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 11 th , 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 11 th , 2012 , the Air Board

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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 11 th , 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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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

a ye . ( Simultaneous responses .)

DR . MENACHE : All opposed say no . The motion is adopted unanimously . ( Proceedings adjourned at 6:16 p.m. )

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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 **11 th**  [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 **12 th**  [2] - 9:6, 9: 15 **14** [1] - 4: 11 **14 th**  [1] - 15:23 **15** [1] - 9:5 **15 th**  [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 **17 th**  [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 **27 th**  [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 **31 st**  [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 

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**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 **Ad dress**  [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 **Ad opt**  [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 **Ad opting**  [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 **Ag ency**  [1] - 9: 13 **agenda** [2] - 7:24, 23:6 **Ag enda**  [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 **AI R**  [2] - 1:1, 1:6 **Ai r**  [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 **AL BUQUERQUE**  [1] - 1:1 

### KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street , Northwest , Albuquerque , New Mexico 87102

( 505 ) 243

- 5018

- Fax ( 505 ) 243

- 3606 

## 1

**Al buquerque**  [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 **AL BUQUERQUE** **** **BERNALILLO** [1] - 1:1 **Al buquerque** **** **Bernalillo** [8] - 1: 18, 2:2, 6:5, 6:9, 11 : 10, 23:21 , 24:4, 24: 14 **Al buquerque** **/ 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 **An nounce**  [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 **AQ CB**  [1] - 1:3 **AQ D**  [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 **CO NTROL**  [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 **CO UNTY**  [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 **equiv alent**  [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 **GRA NTHAM**  [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 **INFRA STRUCTURE**  [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 **LEA D**  [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 **NO TARY**  [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 **PLA N**  [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

**QUA LITY**  [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 **sw orn**  [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 **vi sibility**  [2] - 8:8, 15:5 **vo te**  [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