New Mexico State Implementation Plan Elements Required Under Section 110(a)(2) for the Approval and Promulgation of Im plementation Plans; New Mexic o; Conformity of General Federal Actions Including Revision s Allowing Electronic Reporting Consistent with the Cross Med ia 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 a nd 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 Mate rials 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 docume ntation concerning our evaluation of the submittal provided by the NMED to meet the requirements of section 110(a)(2) of the Clean AirPage 2 of 3 Act (CAA or Act) for the inclusion of Electr onic reporting consistent with the Cross Media Electronic Reporting Rule.

C. Overview of CROMERR EPA promulgated the Cross-Media Elect ronic Reporting Rule (CROMERR) on Oct 13, 2005. The rule establishes a framework by wh ich EPA will accept elec tronic 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 regula tions 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: St ates 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, an d technical analyses developed by the state, to ensure that the state meets the NAAQS. The SIP is required by section 1 10 and other provisions of the Act. These SIPs can be extensive, c ontaining state regulations or other enforceable documents and supporting information such as em issions inventories, monitoring networks, and modeling demonstrations. Each state must submit these regulations and cont rol strategies to EPA for approval and incorporation into the federall y enforceable SIP. Each federally approved SIP protects air quality primarily by addressi ng 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 mi stake; the “effect” is being changed to “affect”.

C. Availability of Material s Incorporated by Reference This section is being updated to replace old addresses fo r new addresses of the State Record Center and the New Mexico Envi ronment 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. Th ese 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 th e Code of Federal Regulations (CFR) Part3, and the Uniform Electronic Tran saction 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 (S tatewide), of Title 20 EnvironmentalPage 3 of 3 Protection, of the New Mexico administrati ve 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 unavaila ble, 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 com puter system or its internet service provider is temporarily unavailable, th en 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 electron ic reporting. Documents, including emissions inventory reports and certifications, shall be submitted electronically with an electronic signature to NMED. Electronic documents and signature s 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 pub lic 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