### RECEIVED

- 6PDL AIR PLANNING SEC.


### 12 APR 30 PH 5: 23


# State 

# ofNewMexico

SusanaMartinez Governor

April 23, 2012

Dr. AI Armendariz Regional Administrator (6-A) U.S. Environmental ProtectionAgency, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733

Re: Provisions to be withdrawnfrom submitted State ImplementationPlan (SIP) revisions regarding 20.11.2 NMAC, Fees

DearDr. Armendariz,

It has come to my attentionthat certainprovisions ofthe rule 20.11.2 NMAC, Fees, submitted to EPA as proposed revisions to the New Mexico SIP for air quality as they relate to A1buquerqueBernalillo County, signed by the Governor of New Mexico on May 24, 2011 (adopted 4/1812001), September 7, 2004, February 2, 2007, and December 15, 2010, respectively, were submitted in error. Accordingly, I wish to correct the record with this letter and withdraw those provisions thatwere inadvertently included in the SIP submittals.

The SIP submittals listed above include: the repeal of Section 21

- Permit Fees, originally approved by EPA on April 10, 1980 [45 FR 24468 @ 40 CFR 52.1620(c)(l1)] effective April 10,1980, and replacement with 20.11.2 NMAC

- Fees, adopted by the Albuquerque

- Bernalillo County Air Quality Control Board (Air Board) on April18, 2001, effective July 1,2001; and the subsequent amendments to 20.11.2 NMAC adoptedJanuary 14, 2004, November 8, 2006, and December 8, 2010, and effective March 1, 2004, December 16,2006, and January 10,2011, respectively. The specific provisions within 20.11.2 NMAC incorrectly submitted for SIP approval are listed in the table below andpertain to the State Air Toxics Program, the Acid Rain Program, and the Regulated Asbestos Removal Program which are beyond the scope of the Albuquerque

- Bernalillo County, New Mexico SIP. We recognize these programs are not part ofthe Title I SIPprogramunderthe CleanAirAct, andthatEPA does nothave legal authority to approve into a Title I SIP any non-Title I program. Therefore, we are withdrawing these provisions ofthe submittals thatwere inadvertently submitted for SIP approval.

State Capitol • Room400 • SantaFe, NewMexico 87501 • 505-476-2200 • fax: 505-476-2226Dr. Al Armendariz Page 2 April 3, 2012

SIP Submittal Date Provision Withdrawn from SIP Submittal May 24, 2011 References to regulated asbestos containing September7, 2004 material removalnotifications in subsection February 2, 2007 20.11.2.2(A) NMAC December 15, 2010 December 15, 2010 Deletion ofreferences to regulated asbestos removalnotifications in subsection 20.11.2.2(A) NMAC December 15, 2010 Defmition of"Asbestos Unit" or "AU" contained in subsection 20.11.2.7 NMAC May 24, 2011 Defmition of"State Air Toxic Review" September7, 2004 contained in subsection 20.11.2.7 NMAC February 2, 2007 December 15,2010 Deletion ofdefmition of"State AirToxic Review" contained in subsection 20.11.2.7 NMAC May 24, 2011 References to regulated asbestos containing September 7, 2004 material removal notifications in subsection February 2, 2007 20.11.2.11 NMAC December 15, 2010 Deletion ofreferences to regulated asbestos containingmaterialremoval notifications in subsection 20.11.2.11 NMAC May 24, 2011 References to Acid Rain (20.11.62 NMAC), September7, 2004 regulated asbestos containing material February 2, 2007 removal applications, and state toxic review fees in subsection 20.11.2.12NMAC December 15, 2010 Deletion ofreferences to Acid Rain (20.11.62 NMAC), regulated asbestos containingmaterial removal applications, and state toxic reviewfees in subsection 20.11.2.12 NMAC May 24, 2011 Section 20.11.2.14 NMAC (Filing and September 7, 2004 Inspection Fees for the Removal of February 2,2007 RegulatedAsbestos Containing Material) December 15, 2010 May 24, 2011 References to the Acid Rain Review fees, September7,2004 State Toxic AirPollutantReview fees and February 2, 2007 Asbestos Unitreview fee in subsection 20.11.2.18 NMAC December 15,2010 Deletion ofreferences to the AcidRain Review fees and State Toxic AirPollutant Review fees in subsection 20.11.2.18 NMACDr. Al Armendariz Page 3 April 23, 2012

Thank you for your assistance in this matter. If you have questions or need additional clarification, please contact Mary Lou Leonard, Director of the Albuquerque Environmental HealthDepartment (EHD), at (505) 768-2631.
Sincerely,

SusanaMartinez Governor

cc: Mary Lou Leonard, Director, Albuquerque Environmental HealthDepartment Bill Westmoreland, Deputy Director, Albuquerque EHD MargaretNieto, Control Strategies Section Supervisor, Air Quality Division, EHD F. David Martin, Cabinet Secretary, NM EnvironmentDepartment Mary Rose, Manager, Environmental ProtectionDivision, NMED Richard Goodyear, Acting Chief, Air Quality Bureau, NMED Guy Donaldson, Chief, Air Planning Section (6PD-L), EPA Region VI JeffRobinson, ChiefAirPermits Section Alan Shar, Air Planning Section (6PD-L), EPA Region VI