SUSANA MARTINEZ Governor JOHN A. SANCHEZ Lieutenant Governor

October 7, 2013

Mr. Ron Curry State of New Mexico ENVIRONMENT DEPARTMENT 

### Office of the**~ec_re(ffry** 

# .. Harold Runnels Building 1190 Saint Francis Drive, PO Box 5469 Santa Fe, NM 87502-5469 Telephone (505) 827-2855 Fax (505) 827-2836 www.nmenv.state.nm.us

Regional Administrator (6-A) U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733

Dear Mr. Curry: RYAN FLYNN Cabinet Secretary· Designate BUTCH TON GATE

Deputy Secretary

CD

On behalf of the New Mexico Environment Department, I am pleased to submit to the Environmental Protection Agency the enclosed revisions to the New Mexico State Implementation Plan (SIP). These revisions include amendments to New Mexico's Regional Haze SIP under 40 CFR § 51.309 and the interstate transport SIP good neighbor provisions under Section 110(a)(2)(D)(i)(II) of the Clean Air Act. Both of these revisions involve a multi-pollutant emission reduction strategy at Public Service Company of New Mexico's ("PNM") San Juan Generating Station.

The hearing record for all of the SIP revisions is attached, which includes the revised SIPs, transcripts, exhibits, public notices, affidavits of publication, the notices of intent to present technical testimony, and public comments.

The timing of this SIP submittal, as well as its substantive contents, are in accordance with the "Term Sheet Between the U.S. Environmental Protection Agency, Public Service Company of New Mexico and State of New Mexico," which was signed by those parties on February 15, 2013 ("Term Sheet").

Please be aware that the Department anticipates the imminent reception of an application from PNM for a construction permit revision to implement certain provisions of these SIP revisions. The Department intends to submit to EPA the revised permit, for EPA's consideration in determining, in accordance with the schedule provided by the Term Sheet, whether the SIP submittal is complete.

### Mr. Ron Curry October 7, 2013 Page 2 of2

Included with the attached hardcopy of the hearing record is an electronic copy of the record provided on disk which I certify to be an exact duplicate of the hardcopy.

If there are any questions concerning this SIP submittal, please contact Rita Bates, Air Quality Planning Section Chief, at (505) 476-4304.
Sincerely,

# e~- Ryan Flynn 

### Secretary- Designate

Enclosures

cc: Guy Donaldson, EPA Region 61 New Mexico Regional Haze State Implementation Plan Revisions Septemb er 5, 2013

List of Enclosures:
Chapter 10, Section 309 Revised State Implementation Plan Appendix D – Revised New Mexico BART Determination for San Juan Generating Station

NMED Notice of Intent to Present Technical Testimony – A ugust 16, 2013

NMED Ex. 1 Clean Air Act § 169A and 169B NMED Ex. 2 40 C.F.R. § 51.308 NMED Ex. 3 40 C.F.R. § 5 1.30 9 NMED Ex. 4 BART Guidelines – Appendix Y to 40 C.F.R. Part 51 Published at 70 Fed. Reg. 39104 NMED Ex. 5 “Term Sheet” between U.S. EPA, NMED, and PNM NMED Ex. 6 BART Analysis Addendum, PNM San Juan Generating Station, April 1, 2013 NMED Ex. 7 Affidavits of publication of public hearing notices NMED Ex. 8 Public Comments Submitted by the U.S. Bureau of Land Management NMED Ex. 9 Public Comments Submitted by the National Park Service NMED Ex. 10 Testimony of Ted Schooley NMED Ex. 10 a Resume of Ted Schooley NMED Ex. 11 Testimony of Elizabeth Bisbey

- Kuehn NMED Ex. 11a Resume of Elizabeth Bisbey

- Kuehn NMED Ex. 12 Testimony of Gi

- Dong Kim NMED Ex. 12a Res ume o f Gi

- Dong Kim NMED Ex. 13 Resume of Rita Bates NMED Ex. 14 NMED responses to comments of the National Park Service NMED Ex. 15 Proposed statement of reasons for adoption of regulatory changes

Public S ervice Company of New Mexico Notice of Intent to Present Technical Testimony – August 16 , 201 3

NMED N otice of Publication of Hearing Notice and Public Review Drafts – July 2, 2013

Attachment 1 Chapter 10 Public Review Draft Attachment 2 Appendix D Public Review Draft Attachment 3 Redline/strikeout of Changes between NOI version and Public Review Draft of Chapter 10 Attachment 4 Redline/strikeout of Changes between NOI version and Public Review Draft of Appendix D
Public Comments Received by the New Mexico Environmental Improvement Board

EarthJustice/Western Environmental Law Center – September 3, 2013 Alex J. and Felicity B. Gonzales – August 19, 2013 EDL Consulting – August 23, 2013 Irvin & Norma Jean Jones – undated Robert E. Reed – August 26, 2013

NMED Exhibit Presented at the S eptember 5, 2013 Hearing

NMED Ex. 16 C orrections to Chapter 10 and Appendix D
Transcript of Hearing – September 5, 2013
New Mexico Environmental Improvement Board Statement of Reasons for Adoption of SIP Revisions