New Mexico State Implementation Plan Elements 

Required Under Section 110(a)(2) for the 

Approval and Promulgation of Implementation Plans; New Mexico; Conformity of General 

Federal Actions Including Revisions Allowing Electronic Reporting 

Consistent with the Cross Media Electronic Reporting Rule 

Docket ID EPA-R06-OAR-2015-0172 

Technical Support Document 

June 2015 

Table of Contents: 

I. Introduction 

A. Overview 

B. What are we addressing in this action? 

C. CROMERR background 

D. What is a SIP 

II. State Submittal 

A. Effective Date 

B. Saving Clause 

C. Availability of Materials 

D. Significant Figures 

E. Electronic Reporting 

III. Recommendations 

Throughout this document, “we,” “us,” and “our” means EPA. 

I. Introduction 

A. Overview 

This Technical Support Document (TSD) reviews a portion of a revision to the New Mexico 

State Implementation Plan (SIP), submitted by the Secretary of the New Mexico Environmental 

Department (NMED) on February 2, 2015. 

B. What are we addressing in this action? 

This review will determine if the pending revisions to the New Mexico SIP are consistent 

with the requirements of the Clean Air Act and EPA’s regulations, policy and guidance. These 

revisions amend rule 20.2.1 NMAC- General Provisions, by: 

 Revising 20.2.1.5 Effective Date 

 Revising 20.2.1.108 Saving Clause 

 Revising 20.2.1.111 Availability of Materials Incorporated by Reference 

 Revising 20.2.1.116 Significant Figures 

 Adding 20.2.1.117 Electronic Reporting and Permit Applications 

 EPA is also providing additional documentation concerning our evaluation of the 

submittal provided by the NMED to meet the requirements of section 110(a)(2) of the Clean Air 
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Act (CAA or Act) for the inclusion of Electronic reporting consistent with the Cross Media 

Electronic Reporting Rule. 

C. Overview of CROMERR 

 EPA promulgated the Cross-Media Electronic Reporting Rule (CROMERR) on Oct 13, 

2005. The rule establishes a framework by which EPA will accept electronic reports from 

regulated entities. CROMERR could apply to any document submissions required by or 

permitted under any EPA or authorized program governed by EPA’s regulations in Title 40 of 

the Code of Federal Regulations (CFR), if it is submitted electronically. CROMERR also added 

section 286, Electronic reporting to 40 CFR 51 (Requirements for Preparation, Adoption and 

Submittal of Implementation Plans) which states: States that wish to satisfy the requirements of 

40 CFR Part 3 (Electronic reporting). 

D. What is a SIP 

A State Implementation Plan, or SIP, is a set of state statutes, air pollution regulations, 

control strategies, other means or techniques, and technical analyses developed by the state, to 

ensure that the state meets the NAAQS. The SIP is required by section 110 and other provisions 

of the Act. These SIPs can be extensive, containing state regulations or other enforceable 

documents and supporting information such as emissions inventories, monitoring networks, and 

modeling demonstrations. Each state must submit these regulations and control strategies to EPA 

for approval and incorporation into the federally enforceable SIP. Each federally approved SIP 

protects air quality primarily by addressing air pollution at its point of origin.

II. State Submittals 

A. Effective Date 

The latest effective date of any section in this part is being updated from 6/1/10 to 

2/27/15. 

B. Saving Clause 

This section is being updated by correcting a grammatical mistake; the “effect” is being 

changed to “affect”. 

C. Availability of Materials Incorporated by Reference 

This section is being updated to replace old addresses for new addresses of the State 

Record Center and the New Mexico Environment Department, Air Quality Bureau. 

D. Significant Figures 

This section is being updated to correct an outlining error; number “4” is being correctly 

relabeled as “D”. 

E. Electronic Reporting and Permit Applications 

This section is being added to 20.2.1 NMAC. These are the parts to be included in this 

section: 

A. Applicability. Pursuant to the Cross-Media Electronic Reporting Rule 

(CROMERR) as defined by Title 40 of the Code of Federal Regulations (CFR) 

Part3, and the Uniform Electronic Transaction Act, NMSA 1978, Section 14-16-

1to 21 (2001 as amended through 2013), any submittal to the department required 

by any part under Chapter 2, Air Quality (Statewide), of Title 20 Environmental 
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Protection, of the New Mexico administrative code, for which the department has 

notified persons subject to the applicable requirement that it is accepting specified 

electronic documents in lieu of paper, shall be submitted electronically, provided 

that the method of submittal complies with applicable federal and state standards 

for electronic submissions. The department may grant a waiver of this 

requirement on a case by case basis if requested by the regulated source.

B. Deadline extension due to computer system failure. (1) If electronic 

submittal capability is in place, but the department’s electronic document 

receiving system is temporarily unavailable, then the department may grant a 

deadline extension to the regulated source. (2) If electronic submittal capability is 

in place, but the regulated source’s computer system or its internet service 

provider is temporarily unavailable, then the source may request a deadline 

extension. The department may grant a deadline extension to the regulated 

source. 

III. Recommendation 

EPA reviewed the electronic reporting submittal against the requirements of the 

CROMMER final rule (70 FR 59848). New Mexico has adopted revisions that are fully 

consistent with the EPA requirements for electronic reporting. Documents, including emissions 

inventory reports and certifications, shall be submitted electronically with an electronic signature 

to NMED. Electronic documents and signatures are treated in the same manner as those 

submitted in writing. 

 The amendments were adopted on amendments on January 23, 2015, after a public 

comment period and subsequent public hearing held on the same day. The public notice for the 

hearing was conducted in accordance with 40 CFR 51.102. 

 EPA recommends that the revisions to 20.2.1 NMAC concerning electronic reporting and 

the accompanying grammatical and typographical corrections be approved. 

 

Requirement CAA Requirement How met by NMEQ Date SIP proposed 

SIP revision 

submitted to EPA 

40 CFR Part 3 

establishes the 

framework for 

accepting cross media 

electronic reporting. 

Provides the language 

for 40 CFR Part 51.286 

40 CFR Part 51.286

Electronic reporting.

States that wish to 

receive electronic 

documents must revise 

the State 

Implementation Plan to 

satisfy the requirements 

of 40 CFR Part 3. 

NMED submitted the 

proposed SIP change to 

EPA in a letter. The 

letter stated that the 

state adopted 

amendments to accept 

electronic reporting. 

February 2, 2015