State Implementation Plan for New Mexico 

Revisions to Title 20 of the New Mexico Administrative Code 

Chapter 11: Albuquerque/Bernalillo County Air Quality Control Board 

Part 102: Oxygenated Fuels 

Docket ID EPA-R06-OAR-2006-0569 

Technical Support Document 

December 2009 

Table of Contents: 

I. Introduction 

II. The State Submittal and EPA Analysis 

III. EPA Conclusion and Recommendation 

IV. Documents Submitted by the State 

On May 24, 2006, the Governor of New Mexico submitted to the United States 

Environmental Protection Agency (EPA) a request to approve revisions to the State 

Implementation Plan (SIP). The revisions address Title 20 of the New Mexico Administrative 

Code (NMAC), Chapter 11, Part 102 (denoted 20.11.102 NMAC), which apply to oxygenated 

fuels in the Albuquerque/Bernalillo County area. In this technical support document, we review 

the State submittal in accordance with the requirements of the Clean Air Act (the Act). 

I. Introduction

The Albuquerque/Bernalillo County area was designated as a moderate nonattainment 

area for carbon monoxide (CO) on November 6, 1991 (see 56 FR 56694). As a moderate 

nonattainment area for CO, the area had to meet several new requirements, one of which was to 

implement an oxygenated fuels (oxyfuels) program, to reduce emissions of CO in automobile 

exhaust. The Albuquerque/Bernalillo County area oxyfuels program was submitted by the state 

and subsequently approved by EPA on November 29, 1993 (58 FR 62535). On April 14, 1995, 

the Governor of New Mexico submitted a request to EPA to redesignate to attainment the 

Albuquerque/Bernalillo County CO nonattainment area, which we approved on June 13, 1996 

(61 FR 29970). On July 21, 2005, we approved revisions to the New Mexico SIP pertaining to 

the second 10-year carbon monoxide (CO) maintenance plan for the Albuquerque/Bernalillo 

County area, including revisions to 20.11.102 NMAC, which addresses the oxyfuels program (70 

FR 41963). 

A second 10-year maintenance plan was approved by EPA for incorporation into the SIP 

on April 14, 2005 (70 FR 19702), which included 20.11.102 NMAC. Various forms of the 

oxygenated fuels program have been in place in the winter months (November 1 through the last 

day of February) in the Albuquerque/Bernalillo County area since 1988.1

Oxygenates are fuel additives (alcohols and ethers) that contain oxygen, which can boost 

gasoline's octane quality, enhance combustion, and reduce exhaust emissions. The term 

oxygenated gasoline most commonly refers to the wintertime program that reduces emissions of 

 

1

 See 58 FR 62535, November 29, 1993 and 61 FR 29970, June 13, 1996. 

1
2

 

carbon monoxide (CO) from motor vehicles. Although required by the Act, winter oxygenated 

gasoline programs are implemented by the states. The current Albuquerque/Bernalillo County 

area SIP requires a minimum oxygenate concentrate during the winter months of 2.7% by weight 

in the Albuquerque/Bernalillo County area. 

II. The State Submittal and EPA Analysis 

 The 2006 submittal meets the completeness finding; the submittal was not determined by 

EPA to have failed to meet the minimum criteria established pursuant to 110(k)(1)(A) and thus is 

deemed by operation of law to meet such minimum criteria.2

To evaluate the differences between the current and proposed SIP revisions, we created a 

table that includes legal and technical comments, and title changes; see the table below.

2

 See section 110(k)(1)(B) of the Act. 
Current Citation 

Title/Subject 

Revised Citation 

Title/Subject 

Technical/Legal Comments Comments on 

Revision 

D

C

New Mexico Administrative Code, Title 20 – Environment Protection 

Chapter 11 – Albuquerque/Bernalillo County Air Quality Control Board 

Part 102 – Oxygenated Fuels (denoted 20.11.102 NMAC)

20.11.102.2 Scope 20.11.102.2 Scope Specifies 20.11.102 NMAC rather 

than “this part.” Specifies motor fuel sold retail or wholesale or supplied; excepts Indian lands. 

Adopted by NM, effective 12/11/2005 

PrInwth

20.11.102.3 Statutory Authority 

20.11.102.3 Statutory Authority 

Specifies 20.11.102 NMAC rather than “this part.” Corrections to references for State/County rules. 

Adopted by NM, effective 12/11/2005 

N

20.11.102.7 Definitions 20.11.102.7 Definitions Specifies 20.11.102 NMAC rather 

than “this part.” 

Adopted by NM, effective 12/11/2005 

N

20.11.102.7 B. “Ethanol” 

20.11.102.7 B. “Ethanol” 

Replaces C2H6O with CH3CH2OH, 

which is the correct molecular composition for ethanol.3

Adopted by NM, effective 12/11/2005 

N

20.11.102.7 D. “Gasoline motor fuels” 

20.11.102.7 D. “Gasoline motor fuels” 

Deletes “for purposes of this part” Adopted by NM, 

effective 12/11/2005 

N

3 Ethanol is a straight-chain alcohol and its molecular formula is C2H5OH. Its empirical formula is C2H6O, which 20.11.102 NMAC se

(and incorrectly) defined as the molecular composition. The empirical formula is the simplest whole number ratio of atoms of each elecompound. In contrast, the molecular composition identifies the numbers of each type of atom in a molecule. 
Current Citation 

Title/Subject 

Revised Citation 

Title/Subject 

Technical/Legal Comments Comments on 

Revision 

D

C

20.11.102.7 L. “Oxygenated fuels procedures manual or procedures manual” 

20.11.102.7 L. “Vehicle pollution management division (VPMD)” 

Removes obsolete procedures manual. Identifies the department responsible for administering 20.11.102 NMAC. 

Adopted by NM, effective 12/11/2005 

Pran

New citation 20.11.102.7 M “Winter 

pollution season” 

Identifies the beginning and end dates for the annual winter pollution season. 

Adopted by NM, effective 12/11/2005 

Pr

20.11.102.9 Savings Clause 

20.11.102.9 Savings Clause 

Removes obsolete references to AQCB regulations and the procedures manual. 

Adopted by NM, effective 12/11/2005 

N

20.11.102.10 Severability 20.11.102.10 

Severability 

Provides clarification; specifies 20.11.102 NMAC rather than “this part.” 

Adopted by NM, effective 12/11/2005 

N

20.11.102.11 Documents 20.11.102.11 

Documents 

Specifies 20.11.102 NMAC rather than “this part.” 

Adopted by NM, effective 12/11/2005 

N

20.11.102.12 Oxygenated Fuels 

20.11.102.12 Oxygenated Fuels 

Identifies the winter pollution season as the time for use of oxygenated fuels. 

Adopted by NM, effective 12/11/2005 

PrN

20.11.102.12 A Annual program duration and minimum oxygen content 

20.11.102.12 A. Annual program duration and minimum oxygen content 

Specifies the winter pollution season. Provides clarifying edits. Removes methyl tertiary butyl ether (MTBE) as approved for use in the program.4

Adopted by NM, effective 12/11/2005 

Pr

4 Per personal conversation with VPMD staff (Glen Dennis), MTBE has not been used as a fuel oxygenate in the State for many years. 

MTBE to ground and surface water can occur through leaking underground storage tanks and pipelines, spills, emissions from marine e

reservoirs, and to some extent from air deposition. Since MTBE is not in use in the State and to avoid contamination of ground and sur
Current Citation 

Title/Subject 

Revised Citation 

Title/Subject 

Technical/Legal Comments Comments on 

Revision 

D

C

New Citation 20.11.102.12 B. 

Inventory 

Taken from the procedures manual, which is revoked. 

Adopted by NM, effective 12/11/2005 

Pr

New Citation 20.11.102.12 C. 

Recordkeeping 

Taken from the procedures manual, which is revoked. 

Adopted by NM, effective 12/11/2005 

Pr

20.11.102.12 B. Labeling and notice to the public 

20.11.102.12 D. Labeling and notice to the public 

Re-lettering the citation. New text directs VPMD to provide labels to identify the type of oxygenate used at each dispensing pump. Deletes obsolete public education program5

for oxyfuels. 

Adopted by NM, effective 12/11/2005 

Pran

New Citation 20.11.102.12 E. 

Sampling 

Taken from the procedures manual, which is revoked. References 40 CFR 80, Appendix D. 

Adopted by NM, effective 12/11/2005 

Pran

New Citation 20.11.102.12 F. 

Analysis 

Taken from the procedures manual, which is revoked. References American Society for Testing and Materials methods. 

Adopted by NM, effective 12/11/2005 

Pran

20.11.102.12 C. Enforcement 

20.11.102.12 G. Enforcement 

Re-lettering the citation. New text taken from the procedures manual, which is revoked. Includes a range of fines and schedule of corrective actions, including closure. 

Adopted by NM, effective 12/11/2005 

Pran

State is removing MTBE from the list of approved fuel oxygenates. The rule at 20.11.102.12A(4) still specifies blending up to 10 percthus removal of MTBE as a fuel oxygenate is not a weakening of the SIP. 5 The public education program was developed to introduce the public to the forthcoming oxyfuels program, prior to 1993. Thus, this p

is obsolete. 
Current Citation 

Title/Subject 

Revised Citation 

Title/Subject 

Technical/Legal Comments Comments on 

Revision 

D

C

20.11.102.12 D. Suspension of program due to oxygenate shortage 

20.11.102.12 H. Suspension of program due to oxygenate shortage 

Specifies 20.11.102 NMAC rather than “this part.” 

Adopted by NM, effective 12/11/2005 

N

20.11.102.12 E. Program review 

20.11.102.12 I. Program review 

Re-lettering the citation. Adopted by NM, 

effective 12/11/2005 

N

20.11.102.13 Oxygenated Fuels Procedures Manual 

Entire citation revoked Relevant text is inserted in 

subsections B, C, E, F, G above. 

Adopted by NM, effective 12/11/2005 

N

20.11.102.14 Contingency Measures 

20.11.102.14 Contingency Measure 

Deletes redundant text. Provides for contingency measure to be implemented if monitored levels of CO exceed 85 percent of NAAQS. 

Adopted by NM, effective 12/11/2005 

Prrein
III. EPA Conclusion and Recommendation

The May 24, 2006 revisions to the Albuquerque/Bernalillo County SIP provide 

clarification and improvements that strengthen the SIP. Therefore, EPA recommends approving 

this submittal as a Direct Final notice. We are approving these revisions under section 110 of the 

Clean Air Act and EPA’s regulations. 

Documents Submitted by the State

The State submitted and EPA reviewed the following materials: 

1. SIP completeness checklist, pursuant to 40 CFR 51, Appendix V. 

2. Attachment A: NMAC Transmittal Sheet, showing hearing date, effective date and 

date filed with the State records center. 

3. Attachment B: New Mexico Air Quality Control Act. 

4. Attachment C: 20.11.102 NMAC, as amended and filed. 

5. Attachment D: 20.11.102, showing strikeout edited version of proposed rule, 

published in the NM Register. 

6. Attachment E: Hearing exhibits (Public review draft, NM Register notice, 

Albuquerque Journal legal notice, floor amendments to public review draft, public 

comments received by 10/5/05, list of email addresses notified of proposed revision, 

and comments received from EPA). 

7. Attachment F: Hearing record transcripts. 

8. Attachment G: Federal Register notice (70 FR 41963, July 21, 2005).