RECEIVED - 6PDL

AIR PLANNING SEC.

12 APR 30 PH 5: 23

State ofNew Mexico

Susana Martinez

Governor

April 23, 2012

Dr. AI Armendariz

Regional Administrator (6-A)

U.S. Environmental Protection Agency, Region 6

1445 Ross Avenue, Suite 1200

Dallas, TX 75202-2733

Re: Provisions to be withdrawn from submitted State Implementation Plan (SIP) revisions

regarding 20.11.2 NMAC, Fees

Dear Dr. Armendariz,

It has come to my attention that certain provisions 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 that were 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 and pertain 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 SIP program under the Clean Air Act, and that EPA does not have legal authority to

approve into a Title I SIP any non-Title I program. Therefore, we are withdrawing these

provisions ofthe submittals that were inadvertently submitted for SIP approval.

State Capitol • Room 400 • Santa Fe, New Mexico 87501 • 505-476-2200 • fax: 505-476-2226
Dr. Al Armendariz

Page 2

April 3, 2012

SIP Submittal Date Provision Withdrawn from SIP Submittal

May 24, 2011 References to regulated asbestos containing

September 7, 2004 material removal notifications in subsection

February 2, 2007 20.11.2.2(A) NMAC

December 15, 2010

December 15, 2010 Deletion ofreferences to regulated asbestos

removal notifications 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"

September 7, 2004 contained in subsection 20.11.2.7 NMAC

February 2, 2007

December 15,2010 Deletion of defmition of "State Air Toxic

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

containing material removal notifications in

subsection 20.11.2.11 NMAC

May 24, 2011 References to Acid Rain (20.11.62 NMAC),

September 7, 2004 regulated asbestos containing material

February 2, 2007 removal applications, and state toxic review

fees in subsection 20.11.2.12 NMAC

December 15, 2010 Deletion ofreferences to Acid Rain

(20.11.62 NMAC), regulated asbestos

containing material removal applications, and

state toxic review fees 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 Regulated Asbestos Containing Material)

December 15, 2010

May 24, 2011 References to the Acid Rain Review fees,

September 7,2004 State Toxic Air Pollutant Review fees and

February 2, 2007 Asbestos Unit review fee in subsection

20.11.2.18 NMAC

December 15,2010 Deletion ofreferences to the Acid Rain

Review fees and State Toxic Air Pollutant

Review fees in subsection 20.11.2.18 NMAC
Dr. 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

Health Department (EHD), at (505) 768-2631.

Sincerely,

Susana Martinez

Governor

cc: Mary Lou Leonard, Director, Albuquerque Environmental Health Department

Bill Westmoreland, Deputy Director, Albuquerque EHD

Margaret Nieto, Control Strategies Section Supervisor, Air Quality Division, EHD

F. David Martin, Cabinet Secretary, NM Environment Department

Mary Rose, Manager, Environmental Protection Division, NMED

Richard Goodyear, Acting Chief, Air Quality Bureau, NMED

Guy Donaldson, Chief, Air Planning Section (6PD-L), EPA Region VI

Jeff Robinson, Chief Air Permits Section

Alan Shar, Air Planning Section (6PD-L), EPA Region VI