SUSANA MARTINEZ 

Governor 

JOHN A. SANCHEZ 

Lieutenant Governor 

March 12,2014 

Mr. Ron Curry 

Office of the Secretary14 Mt\R 27 PH 6: 

Harold Runnels Building 

1190 Saint Francis Drive, PO Box 5469 

Santa Fe, NM 87502-5469 

Telephone (505) 827-2855 Fax (505) 827-2836 

www.nmenv.state.nm.us 

Regional Administrator (6-A) 

U.S. Environmental Protection Agency, Region 6 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Dear Mr. Curry: 

RYAN FLYNN 

Cabinet Secretary 

BUTCH TONGATE 

Deputy Secretary 

On behalf of the New Mexico Environment Department, I am pleased to submit to the Environmental 

Protection Agency the enclosed New Mexico State hnplementation Plan (SIP) revision. This SIP 

revision consists of a demonstration that New Mexico's existing SIP satisfies the "Infrastructure SIP" 

requirements for the revised 2010 National Ambient Air Quality Standard (NAAQS) for nitrogen 

dioxide. The submittal for this SIP revision is attached, which includes the Nitrogen Dioxide 

Infrastructure Certification, public notices and affidavit of publication. The public notice was 

conducted in accordance with 40 CFR §51.102, and included a 30-day public comment period. No 

public comments or requests for hearing were received. Included with the attached hard copy of the 

SIP revision is an electronic copy of the submittal provided on disk which I certifY to be an exact 

duplicate of the hard copy. 

This SIP revision is being submitted to the Environmental Protection Agency to fulfill all of New 

Mexico's requirements under§ 110(a)(2) of the Clean Air Act for the revised 2010 nitrogen dioxide 

NAAQS. The Clean Air Act requires all states to submit plans to provide for the implementation, 

maintenance and enforcement of a new or revised NAAQS within 3 years of promulgation. 

Sincerely, 

Ryan Flynn 

Cabinet Secretary 

Enclosures 

Cc: Mr. Guy Donaldson, EPA Region 6 

Mr. Michael Vonderheide,.Director, Enviro~.Protection Division 

Mr. Richard Goodyear, Chief, Air Quality Bureau ~ .l l. ' .• ', \ :, - ·,*: ! C: 

' . t, < ~- ' ~ • ' .... 
New Mexico's Proposed Infrastructure Certification for 

The 2010 Nitrogen Dioxide (N02) NAAQS Revision 

Executive Summary 

A State Implementation Plan (SIP) identifies how the state will attain and maintain the primary and 

secondary National Ambient Air Quality Standards (NAAQS). The SIP contains regulations, 

source-specific requirements, non-regulatory items such as plans and inventories, and in some cases 

additional requirements to satisfy regulations promulgated by the U.S. Environmental Protection 

Agency (EPA). The initial SIPs for states were approved by EPA on May 31, 1972. A state may 

revise its SIP with EPA approval as necessary. The federally enforceable SIP for New Mexico is 

compiled in 40 CFR Part 52 Subpart GG. 

The enclosed SIP certification matrix outlines the requirements of section 110(a)(2)(A) through (M) 

of the federal Clean Air Act (CAA) and addresses how New Mexico will implement, maintain and 

enforce the revised Nitrogen Dioxide (NO:l) NAAQS which was promulgated January 22, 2010 (75 

FR 6474, Feb. 9, 2010)). 

Legislative authority for New Mexico's air quality program is codified in Chapter 74 

(Environmental Improvement) of the New Mexico Statutes, which gives the State Environmental 

Improvement Board and the Environment Department the authority to implement the CAA in New 

Mexico. 

The regulatory authority to implement CAA programs is contained in the New Mexico 

Administrative Code (NMAC), specifically Chapter 2 of Title 20 for Air Quality. These regulations 

are part of the approved New Mexico SIP and cited in 40 CFR 52.1620(c) unless otherwise stated. 

Those requirements ofCAA § II O(a)(2) that are in the approved SIP or recently submitted SIP 

revisions relate to enforceable emission limits and schedules for compliance; monitoring, source 

testing and emissions reporting; recordkeeping and reporting requirements; and permit fees. Some 

requirements, such as intergovernmental consultation, air quality modeling, and compliance with 

Part D of Title I of the CAA, are fulfilled during the development of attainment SIP revisions, 

rather than infrastructure SIPs. 
§ 110(a)(2)(A) 

State of New Mexico 

110(a)(2) SIP Requirements for Nitrogen Dioxide 

Requirement Summary 

Include enforceable emission limitations and other control measures, 

means, or techniques (including economic incentives such as fees, 

marketable permits, and auctions or emissions rights), as well as 

schedules and timetable for (;(Jmpliance. 

New Mexico's Requirements 

The New Mexico Environmental Improvement Act, found in Chapter 74, Article I of the New 

Mexico Statutes Annotated 1978 (NMSA), created the New Mexico Environment Department 

(NMED) and the New Mexico Environmental Improvement Board (EIB). The New Mexico Air 

. Quality Control Act codified at NMSA 1978, § 74-2 et seq., delegates authority to the E!B to 

i adopt, promulgate, publish, amend and repeal regulations consistent with the Air Quality 

Control Act to attain and maintain NAAQS and prevent or abate air pollution. The Air Quality 

Control Act also designates the NMED as the State's air pollution control agency and the 

Environmental Improvement Act provides NMED with enforcement authority. See NMSA 

1978, §§ 74-2-2.C, 74-2-5.1,74-2-5.2. Chapter2 of Title 20 of the New Mexico Administrative 

Code (NMAC) establishes NMED as the State's air pollution control agency and its 

enforcement authority, referencing the NMSA 1978 (See also 44 FR 21019, April 9, 1979; 

revised 49 FR 44101, November 2, 1984; recodification approved in 62 FR 50516, September 

126, 1997) (approving various statutory and regulatory provisions of New Mexico's SIP). 

The EIB has promulgated rules to limit and control emissions of nitrogen oxides (NOx). These 

rules include emission limits, control measures, permits, fees, and compliance schedules and are i 

found in 20.2 NMAC parts 3, 5, 7-8, 10-22,30-34,40-41,72-75, and 99. I 

§ 110(a)(2)(B) Provide for establishment and operation of appropriate devices, methods, 

systems, and procedures necessary to monitor, compile, and analyze data 

on ambient air quality, and upon request, make such data available to the 

Administrator. 

New Mexico's Requirements 

New Mexico maintains and operates a multi-station N02 network to measure ambient levels. i 

All monitoring data is measured using EPA approved methods as either Reference or Equivalent : 

monitors. All monitors are subjected to the quality assurance requirements of 40 CFR Part 58, \ 

Appendix A, and are located at sites that have met the minimum siting requirements of Part 58, I 

Appendix E. All data is submitted to EPA's Air Quality System (AQS) in accordance with the · 

schedule prescribed by 40 CFR Part 58. 

New Mexico's Statewide Air Quality Surveillance Network was approved by EPA on August 6, 

1981 ( 46 FR 40005), and consists of stations that measure ambient concentrations of the six 

criteria pollutants, including N02. The air quality surveillance network undergoes annual review 

by EPA. On July 3, 2012, NMED submitted its 2012 Annual Air Monitoring Network Plan 

(AAMNP} that included the plans for the N02 NAAQS. EPA approved New Mexico's 2012 

AAMNP on December 19, 2012. The NMED Web site provides the N02 monitor locations, and 

current and historical data. - -~----------------------------------------------~ 

New Mexico's 2010 Nitrogen Dioxide NAAQS Infrastructure SIP 2 
The Department is authorized to conduct monitoring by the Air Quality Control Act at NMSA I 

1978, §§ 74-2-5.1 (A) (authority to make investigations and studies) and 74-2-5.2 (A) (authority 

to take all actions necessary to secure the benefits of federal legislation). 

§ 110(a)(2)(C) Include a program to provide for enforcement of the measures in§ 

II O(a)(2)(A), and regulation of the modification and construction of any 

stationary souree within the areas covered by the plan as necessary to 

assure that NAAQS are achieved, including a permit program as required 

in parts C and D of Title I of the CAA (i.e., the Prevention of Significant 

Deterioration (PSD) and Nonattainment New Source Review (NSR) 

permit programs). ·~-· -·-···----··-----1 

New Mexico's Requirements 

The Air Quality Control Act authorizes NMED to enforce the provisions of the Air Quality 

Control Act, regulations, and permit conditions, through administrative compliance orders or 

commencement of civil actions. See NMSA 1978, § 74-2-12. In addition, the Air Quality 

Control Act designates NMED as the air pollution control agency for the state, see NMSA 1978, 

§ 74-2-2, and the Environmental Improvement Act provides the NMED with authority to 

enforee the state's environmental quality rules. NMSA 1978, § 74-I-6.F. The EIB established 

rules governing emissions of the criteria pollutants and their precursors throughout the State and 

these rules are in the federally enforceable SIP. The rules in 20.2 NMAC parts 3, 5, 7-8, 10- 22, 

30-34,40-41,72-75, and 98-99 include allowable emission rates, compliance, control plan 

requirements, actual and allowable emissions, monitoring and testing requirements, 

recordkeeping and reporting requirements, and control schedules. These rules clarify the 

boundaries beyond which regulated entities in New Mexico can expect enforcement action. 

Preconstruction PSD Permitting of Major Sources: New Mexico's PSD program was 

conditionally approved into the state's SIP on February 27, 1987 (52 FR 5964) and fully 

approved on Augnst 15,2011 (76 FR 41698). In addition, revisions to New Mexico's PSD 

program were approved into the SIP on Augnst 21, 1990 (55 FR 34013), May 2, 1991 (56 FR 

20137), October 15, 1996 (61 FR 53639), March 10, 2003 (68 FR I 1316), December 24, 2003 

(68 FR 74483), September 5, 2007 (72 FR 50879), June II, 2009 (75 FR 72688), November 26, 

2010 (75 FR 72688), July 20, 2011 (76 FR 43149), June 13, 20I2 (77 FR 35273), January 22, 

2013, (78 FR 4339), and March II, 2013 (78 FR 15296). New Mexico's Major source PSD 

permitting requirements are found at 20.2.74 NMAC. 

I Green House Gases (GHG) PSD Permitting: New Mexico has the authority to issue permits 

! under the SIP,approved PSD program to sources of GHG emissions (75 FR 82536, December 

30, 201 0). On November I 0, 2010, New Mexico adopted revisions to the State's PSD rules to 

implement the GHG thresholds established in EPA's GHG Tailoring Rule and submitted the 

corresponding SIP revision to EPA on December 1, 2010. On Aprill4, 2011, EPA proposed 

approval of New Mexico's GHG rules submitted on December 1, 2010 (76 FR 20907). On 

August 19,2011, EPA approved New Mexico's GHG rules submitted on December I, 2010 

(see 76 FR 43149 (July 20, 2011)). 

Minor Source Permitting: EPA has detennined that New Mexico's Minor New Source Review 

i (NSR) program, adopted pursuant to section IIO(a)(2)(C) of the CAA, re lates emissions of all 

New Mexico's 2010 Nitrogen Dioxide NAAQS Infrastructure SIP 3 
regulated air contaminants for which there is a NAAQS (17 FR 62195). New Mexico's Minor 

NSR permitting requirements are fouud at 20.2.72 NMAC and were approved into the SIP on 

May 14, 1973 (38 FR 12702). The most recent revisions to New Mexico's Minor NSR program 

were approved into the SIP on March 11,2013 (78 FR 15296). 

§ 110(a)(2)(D) (i)Contain adequate provisions prohibiting any source or other type of 

emissions activity from emitting any air pollutant in amounts which will: 

(I) Contribute significantly to nonattainment in, or interfere with 

maintenance by, any other State with respect to any such national 

primary or secondary ambient air quality standard. 

(II) Interfere with measures required to be included in the applicable 

implementation plan for any other State under part C to prevent 

significant deterioration of air quality or to protect visibility. 

(ii) Insure compliance with the applicable requirements CAA sections § 

126 and 115 (interstate and international pollution abatement). 

New Mexico's Requirements 

Based on EPA guidance from the November 19,2012 EPA Gina McCarthy Memo, "Next Steps 

for Pending Redesignation Requests and State Implementation Plan Actions Affected by the 

Recent Court Decision Vacating the 2011 Cross-State Air Pollution Rule," the requirements of 

§ 110 (a)(2)(D)(i)(I) are not being addressed in this infrastructure SIP submittal. 

With respect to the prevention of significant deterioration element of§ II 0 (a)(2)(D)(i)(II), as 

stated above in section 110(a)(2)(C) of this infrastructure SIP, the New Mexico PSD program 

has been approved by EPA into the SIP. New Mexico's PSD program contains the necessary 

provisions to implement the N02 standard. 

With respect to the visibility element of§ 110 (a)(2)(D)(i)(ll), several prior SIP submissions are 

relevant. On September 17, 2007 New Mexico submitted a SIP to address the interstate 

transport provisions of CAA II O(a)(2)(D)(i) for the 1997 8-hour ozone and PMu NAAQS. In 

j this submission, the state indicated that it intended to meet the requirements of section 

II O(a)(2)(D)(i)(Il) with respect to visibility by submission of a Regional Haze SIP revision, 

which was then due on December 17, 2007. EPA had previously approved New Mexico's 

Visibility Protection Plan and a Long-Term Strategy for Visibility Protection as SIP revisions 

on January 27, 2006 (71 FR 4490). New Mexico had also submitted a Regional Haze SIP to 

EPA on December I, 2003, and a revised Regional Haze SIP on July 5, 2011. 

On August 22, 2011, EPA finalized disapproval of the visibility portion of the September 2007 

SIP submission. 76 FR 52388. (EPA approved the 2007 SIP with respect to the PSD element of 

§ 110 (a)(2)(D)(i)(Il), along with the "interfere with maintenance" clement of§ 110 

(a)(2)(D)(i)(I), on November 26, 2010 (75 FR 72688), and approved the 2007 SIP with respect 

to the "significant contribution to non-attainment" element of§ 110 (a)(2)(D)(i)(I) on June II, 

2010 (75 FR 33174)). In the August 22, 2011 final rule, EPA promulgated a Federal 

Implementation Plan (FIP) imposing limits for NOx on the SanJuan Generating Station (SJGS). j 

EPA intended these limits to ensure that emissions from New Mexico sources do not interfere 

with other states' meas~:~res to pnJtect visibility in accordance y.'ith section l!O(a)(2)(D)(i)(II) . 

New Mexico's 2010 Nitrogen Dioxide NAAQS Infrastructure SIP 4 
for the 1997 8-hour ozone and 1997 PM2.5 NAAQS, and also to address the requirements underl 

the Regional Haze program for Best Available Retrofit Technology (BART). EPA based the . 

timing of the FIP issuance in part on the existence of a consent decree deadline for action under · 

Section 11 O(a)(2)(D) (76 FRat 52390). 

On November 27, 2012 (77 FR 70693}, EPA approved New Mexico's 2003 and 2011 Regional 

Haze SIP submittals, but expressly declined to take action on the portion of the 2011 SIP 

making a nitrogen oxides (NOx) BART determination for SJGS, which consisted of selective 

non-catalytic reduction (SNCR) with an emission rate of 0.23 lbs/mmBtu. 

In its August 22, 20 II final rule, EPA detennined that a I" Ox emission limit from the SJGS of 

no greater than 0.27- 0.28 lb/mmBtu was necessary in order to satisfy the requirements of 

Section IIO(a)(2)(D)(i)(Il), and that no other additional reductions in New Mexico were 

required under that section (76 FRat 52424). Although New Mexico's July 5, 2011 NOx 

BART determination of0.23 !b/mmBtu represented a lower emission rate than EPA determined 

to be necessary to satisfy Section 110(a)(2)(D)(i)(II), EPA promulgated its own NOx BART 

determination of 0.05 lb/mmBtu using selective catalytic reduction (SCR). 

New Mexico has challenged EPA's NOx BART FIP for the SJGS, and the case remains 

pending in the U.S. Court of Appeals for the Tenth Circuit. New Mexico, EPA, and Public 

Service Company of New Mexico (the operator of the SJGS) have reached a tentative 

agreement which would require the shutdown of two of the four SJGS units and installation of 

SNCR on the remaining two, with an emission rate of no greater than 0.23 lb/rnrnBtu. On 

September 5, 2013, the EIB adopted a SIP revision incorporating the substantive terms of the 

tentative agreement. On December 17,2013, EPA determined that the revised SIP submission 

I was administratively complete. As provided in the Term sheet, EPA will take action within 135 

days of that date to approve or disapprove this revised SIP, after fulfilling its obligations to 

provide pub lie notice and an opportunity for comment. 

The requirement for New Mexico under Section II O(a)(2)(D)(i)(II) is presently satisfied by the 

FIP; however, the FIP may be replaced by the revised SIP if EPA finds it meets the applicable 

Clean Air Act requirements. Therefore, regardless of which plan is ultimately implemented (the 

SIP, the FIP, or the revised SIP), the NOx emission rate from San Juan will be considerably Jess 

than 0.27 0.28 lb/mmBtu, and will satisfy the visibility element of§ 110(a)(2)(D)(i)(II). 

Finally, with respect to§ 110(a)(2)(D)(ii), as stated above in Section 110(a)(2)(C) of the 

infrastructure SIP, New Mexico has a SIP-approved PSD program which includes provisions 

1 that satisfy the requirements of section 126 of the CAA. There are no final findings under 

section 115 of the CAA against New Mexico with respect to any air pollutant. If in the future 

there are one or more final findings under section 115 of the CAA, NMED will consult with 

.EPA Region VL 

§ l10(a)(2)(E)(i) ·~rovide: · 

I (i) necessary assurances that the state (or, except where the administrator 

deems inappropriate, the general purpose local government or 

I ~· governments, or a regional agency designated by the state or general 

, purpose local governments for such purpose) will have adequate L--···· .... ers{)Jmel, funding, and authority under state (and, as appropriate, loc.::al:L)--

New Mexico's 2010 Nitrogen Dioxide NAAQS Infrastructure SIP 5 
law to carry out such implementation plan (and is not prohibited by any 

provision of federal or state law from carrying out such implementation 

plan or portion thereof). 

New Mexico's Requirements 

1be resources to carry out the state implementation plan are provided through State General 

Funds, Permit Fees, and the CAA §§ I 03 and I 05 grant process. The Air Quality Control Act 

designates the NMED as the State air pollution control agency for all purposes under federal 

legislation relating to air pollution and provides the NMED with the power to accept, receive 

and administer grants or other funds or gifts from public and private agencies, including the 

federal government, or from any person (NMSA 1978, § 74-2-5.\(F)). 

New Mexico has adequate personnel to implement the SIP with respect to N02 requirements. 

The Environmental Improvement Act provides that the secretary of the NMED shall employ 

and fix the compensation of those persons necessary to discharge his duties (NMSA 1978, § 9-

7 A- 6(B)). NMED is also authorized to receive State appropriations to implement 

environmental programs (NMSA 1978, § 9-7 A). Should EPA determine that New Mexico I 

lacks adequate personnel to carry out the SIP, EPA may issue a finding with respect to that 

deficiency, which New Mexico would have a legal obligation to correct. 

New Mexico does not anticipate the need for additional resources to implement the plan for the 

N02 NAAQS beyond those which have been utilized for the preparation of the plan and plan 

revisions submitted to EPA and other current programmatic demands. 

§ 110(a)(2)(E)(ii) (ii) requirements that the state comply with the requirements respecting 

-··-------'-.::.st:::a:::le::...b:::o:::ar::d::::s::...· u::::n:::d:::e::r.:::s.:::.ec:.:t:::io::n:_l:.:2::.:82,-=ano.:d::_ ______________ _, 

New Mexico's Requirements 

'The New Mexico Environmental Improvement Act requires that at least a majority of the 

membership of the EIB shall be individuals who represent the public interest and do not derive 

any significant portion of their income from persons subject to or who appear before the board 

on issues related to the federal Clean Air Act or the Air Quality Control Act (NMSA 1978, § 

74-1-4). 

On April 20, 1990, NMED submitted a SIP revision to EPA for Board composition and conflict 

of interest disclosure. EPA approved the SIP revision on June 1, 1999 (64 FR 29235). ! 

f-::-§"'17lc:-0(:-a-:-)(c::2::-)-::(E=)---r.:(i:.7iic:-)7N""e-e-es-s··-ar_y_a_s_s_urances that, where the state has relied on a local or ~ (iii) regional government, agency, or instrumentality for the implementation of 

any plan provision, the state has responsibility for ensuring adequate 

f-------·--"..:;im::c~:=.:pllementation of s.::uc::.:h.:..Pcl:::a=n""pc:.ro=-VJ:..:·.::.:sic::o::::n:._ ------------

New Mexico's Requirements l 

The Air Quality Control Act delegates authority to the EIB to adopt, promulgate, publish, 

amend and repeal regulations consistent with the Air Quality Control Act to attain and maintain 

I 

national ambient air quality standards and prevent or abate air pollulion (.NMSA 1978, § 74-2-

5(B)( I)). 'The_ Environmental Improvement Act provides NMED with the power "to enforce the 

New Mexico's 2010 Nitrogen Dioxide NAAQS Infrastructure SIP 6 
ffilies, regulations and orde~s promulgated by the board" (NMSA ~1978, § 74- 1-Q(F))~ The Air l 

Quality Control Act also gives NMED the duty to develop and present to the EIB a plan for the 

regulation, control, prevention or abatement of air pollution and gives the EIB the authority to 

adopt such a plan. (NMSA 1978, § 74-2-5.l(H) and NMSA 1978, § 74-2-- 5(8)(2)). 

Pursuant to NMSA 1978, § 74-2-4, local authority has been established for AlbuquerqueBernalillo County, New Mexico, through the creation of the Albuquerque-Bernalillo County Air 

Quality Control Board and local administration by the City of Albuquerque Department of 

Environmental Health. Albuquerque-Bernalillo County develops and submits its own SIP 

revisions, and is not covered by this infrastructure SIP. Under NMSA 1978, § 74-2-4.0, the 

NMED and the EIB retain jurisdiction and control for administration of the Air Quality Control 

1 Act with respect to any failure to act by a local authority. 

' 

§110(a)(2)(F) Require, 

(i) the installation, 

as may .. be prescribed 

maintenance, 

by the 

and 

Administrator: 

replacement of equipment, 

. ~ 

and the 

implementation of other necessary steps by owners or operators of 

stationary sources to monitor emissions from such sources, i 

(ii) periodic reports on the nature and amounts of emissions and 

emissions-related data from such sources, and 

(iii) correlation of such reports by the state agency with any emission 

limitations or standards established pursuant to this Act, which reports 

shall be available at reasonable times for public inspection; 

New Mexico's Requirements : 

New Mexico's regulations at 20.2 NMAC parts 5, 7-8, 10-20,30-34,40-41, and 72-74 require 

source monitoring for compliance, recordkeeping and reporting, and provide for enforcement 

with respect to all the NAAQS and their precursors. These source monitoring program 

requirements generate data for N02. 

Under the New Mexico's regulations at 20.2.NMAC parts 7-8, 65, 70, 72-74, 79, 81 and 88 

NMED is required to analyze the emissions data from point, area, mobile, and biogenic sources. 

The NMED uses this data to track progress towards maintaining the NAAQS, develop control 

and maintenance strategies, identify sources and general emission levels, and determine 

compliance with New Mexico and EPA requirements. 

The NMED is current with its submittals to the NEI database; the 2012 data for larger sources 

was submitted to EPA in 2013. 

The data and reports are available for public inspection at reasonable times. 

§110(a)(2)(G) Provide for authority comparable to that in section 303 and adequate 

contingency plans to implement such authority. 

New Mexico's Requirements .. ~~ The Air Quality Control Act provides NMED with authority to address environmental j 

emergencies, and NMED has ~ontingency plans I? implement e~ergency episod.e provi~ions in_. 

New Mexico's 2010 Nitrogen Dioxide NAAQS Infrastructure SIP 7 
the SIP. 

Upon a finding that any owner/operator is unreasonably affecting the public health, safety or 

welfare, or the health of animal or plant life, or property, the New Mexico Air Quality Control 

Act authorizes NMED, after a reasonable attempt to give notice, to declare a state of emergency 

and issue without hearing an emergency special order directing the owner/operator to cease such 

pollution immediately (NMSA 1978, § 74-2-10). 

New Mexico promulgated the "Air Pollution Episode Contingency Plan for New Mexico," 

which includes contingency measures, and these provisions were approved into the SIP on 

August 21, 1990 (55 FR 34013). 

The 2010-2012 NOz ambient air quality monitoring data for New Mexico does not exceed the 

I 00 ppb !-hour primary NAAQS or the 53 ppb annual primary and secondary NAAQS. The 

NOz levels have consistently remained below these levels and, furthermore, the State has 

appropriate general emergency powers to address N 0 2 related episodes to protect the 

environment and public health. 

§110(a)(2)(H) Provide for revision of such plan: 

(i) from time to time as may be necessary to take account of revisions of 

such national primary or secondary ambient air quality standard or the 

availability of improved or more expeditious methods of attaining such 

standard, and 

(ii) except as provided in paragraph (3)(C), whenever the Administrator 

finds on the basis of information available to the Administrator that the 

. plan is substantially inadequate to attain the national ambient air quality 

standard which it implements, or to otherwise comply with any additional 

requirements established under this Act. 

New Mexico's Requirements 

New Mexico's SIP is a compilation of regulations, plans, and submittals that act to improve and 

maintain air quality in accordance with national standards. The Air Quality Control Act 

provides that the EIB shall adopt, promulgate, publish, amend, and repeal regulations consistent 

with the Air Quality Control Act to attain and maintain national ambient air quality standards 

and prevent or abate air pollution (NMSA 1978, § 74--2-5(B)(l)). In addition, the Air Quality 

Control Act requires NMED to advise, consult, contract with and cooperate with local 

authorities, other states, the federal government and other interested persons or groups in regard 

to matters of common interest in the field of air quality control (NMSA 1978, § 74--2-5.2(B)). 

New Mexico has the authority to revise its SIP from time to time as may be necessary to take 

into account revisions of primary or secondary NAAQS, or the availability of improved or more 

expeditious methods of attaining such standards. New Mexico also has the authority under the 

above provisions to revise its SIP in the event the EPA, pursuant to the CAA, finds the SIP to be 

substantially inadequate to attain the NAAQS. 

§110(a)(2)(1) In the case of a plan or plan revision for an area designated as a 

nonattainment area, meet the applicable requirements of part D (relating 

to nonattaitunent areas); 

New Mexico's 2010 Nitrogen Dioxide NAAQS Infrastructure SIP 8 
New Mexico's Requirements 

§1!0 (a)(2)(I) is not being addressed in this infrastructure SIP submittal. According to EPA's 

interpretation of the CAA, this element does not need to be addressed in the context of an 

infrastructure SIP submission. Moreover, New Mexico presently does not contain any 

nonattainment areas for N02• 

§110(a)(2)(J) Meet the applicable requirements of§ 121 (relating to consultatio~). 

section 127 (relating to public notification), and Part C (relating to 

prevention of significant deterioration of air quality and visibility 

protection); 

New Mexico's Requirements 

All SIP revisions undergo public notice and hearing, which provides for comment by the public, , 

, including local political subdivisions. 

The Air Quality Control Act, as codified at NMSA 1978, § 74-2-6, provides that, "no 

regulations or emission control requirement shall be adopted until after a public hearing by the 

environmental improvement board or the local board" and provides that, "at the hearing, the 

environmental improvement board or the local board shall allow all interested persons 

reasonable opportunity to submit data, views, or arguments orally or in writing and to examine 

witnesses testifying at the hearing" (NMSA 1978, § 74-2- 6(B) and (D)). In addition, the Air 

Quality Control Act provides that the NMED shall have the power and duty to advise, consult, 

contract with and cooperate with local authorities, other states, the federal government and other 

interested persons or groups in regard to matters of common interest in the field of air quality 

control (NMSA 1978, § 74-2-5.2(B)). 

New Mexico's SIP-approved PSD rules mandate that the NMED shall provide for public 

participation and notification regarding pennitting applications to any other state or local air 

pollution control agencies, local goverranent officials of the city or county where the source will 

be located, and Federal Land Managers (FLM) whose lands may be affected by emissions from ' 

the source or modification (20.2.74.400 NMAC). New Mexico's PSD rules also require NMED 

to consult with FLMs regarding permit applications for sources impacting Class I Federal areas 

1 (20.2.74.403 NMAC). New Mexico has committed in the SIP to consult continually with the 

FLMs on the review and implementation of the visibility program and to notify the FLM of any 

advance notification or early consultation with a major new or modifying source prior to the 

submission of the pennit application. 

New Mexico's SIP-approved Transportation Conformity rule requires that interagency 

consultation and opportunity for public involvement be provided before making transportation 

conformity determinations and before adopting applicable SIP revisions on transportation- ! related SIPs (20.2.99.116 and 20.2.99.124 NMAC). 

I 

New Mexico's provisions regarding public notification of instances or areas in which any 

primary NAAQS was exceeded were approved into the SIP on August 24, 1983 (48 FR 38466). 

, Air quality data from New Mexico's monitoring network is published in real time on NMED's 

website. The website also provides information on the health effects ofN02 and other criteria 

pollutants. Additionally, as part of the 105 grant process New Mexico is required to submit 

\ monitoring data to the Air Quality System (AQS) in a timely manner. 

New Mexico's 2010 Nitrogen Dioxide NAAQS Infrastructure SIP 9 
New Mexico's program was conditionally approved into the SIP on February 27, 1987 (52 

FR 5964) and fully approved effective Augustl5, 2011 (76 FR 41698). Other EPA actions 

pertaining to New Mexico's PSD program are found at: 52 FR 5964,53 FR 44191, 55 FR 

43013,56 FR 20137,61 FR 53639,68 FR 11316,68 FR 74483,72 FR 50879, and 75 FR 

72688. New Mexico's minor source permitting requirements were approved at 38 FR 12702. 

For more infonnation, refer above to infrastructure SIP element 11 O(a)(2)(C). 

EPA approved New Mexico's Visibility Protection Plan and approved a Long-Term Strategy 

for Visibility Protection into New Mexico's SIP on January 27,2006 (71 FR 4490). New 

Mexico submitted a Regional Haze SIP to EPA on December I, 2003. On July 5, 2011, New 

Mexico submitted a revised Regional Haze SIP to EPA. EPA approved both submittals, except 

for the submitted nitrogen oxides (NOx) Best Available Retrofit Technology (BART) 

determination for the San Juan Generating Station, on November 27,2012 (77 FR 70693). As 

described above under§ IIO(a)(2)(D), New Mexico and EPA have reached a tentative ! 

, settlement in a dispute over competing BART determinations for the San Juan Generati:Jg '

Station, under which NMED conducted a revised BART determination approved by the EIB 

and submitted to EPA. 

§110(a)(2)(K) Provide for: 

(i) the performance of such air quality modeling as the Administrator 

may prescribe for the purpose of predicting the effect on ambient air 

quality of any emissions of any air pollutant for which the Administrator 

has established a national ambient air quality standard, and 

(ii) the submission, upon request, of data related to such air quality 

modeling to the Administrator; 

New Mexico's Requirements 

The Air Quality Control Act authorizes NMED to "develop facts and make investigations and 

studies" (NMSA 1978, § 74- 2-5.1 (A)). This provides NMED with necessary authority to 

develop air quality assessments and conduct modeling. NMED may provide data related to air 

quality modeling and analyses to the EPA upon request. The Air Quality Control Act authorizes 

NMED to cooperate with the federal government "in regard to matters of common interest in 

the field of air quality control", thereby allowing it to submit data and reports to EPA (NMSA 

1978, § 74- 2-5.2(8)). 

New Mexico has developed Air Dispersion Modeling Guidelines that follow EPA guidelines for 

air dispersion modeling. The New Mexico Air Dispersion Modeling Guidelines also include 

internal policy language. The Air Quality Bureau within NMED contains a modeling section 

with four qualified modelers, two with Ph.D.'s. 

The Air Quality Bureau routinely conducts air dispersion modeling for the purpose of 

determining the impact of air pollutant emissions in relation to the national ambient air quality 

standards. New Mexico's SIP-approved PSD rules provide NMED with the authority to 

conduct modeling to ensure permitted emissions do not exceed any national ambient air quality 

standard. 

New Mexico's PSD regulations ensure that all ambient air quality modeling required by those 

regulations is performed in accordance withE~ A Guidance. See ~0.2.74.305 NMAC. ___ __, 

New Mexico's 2010 Nitrogen Dioxide NAAQS Infrastructure SIP 10 
Upon request, NMED wilirubmit current and future data relating to modeling to EPA. --l 

§110(a)(2)(L) Requ1re the owner or operator of each maJOr stationary source t~ the permitting authority, as a condition of any permit required under this II 

Act, a fee sufficient to cover 

(i) the reasonable costs of reviewing and acting upon any application 

for such a permit, and 

(ii) if the owner or operator receives a permit for such source, the 

reasonable costs of implementing and enforcing the terms and conditions 

1 of any such permit (not including any court costs or other costs associated 

i with any enforcement action), until such fee requirement is superseded 

with respect to such sources by the Administrator's approval of a fee 

ro ram under title V; 

New Mexico's Requirements 

The Air Quality Control Act provides the EIB with the legal authority for establishing an 

emission fee schedule and a construction permit fee schedule to recover the reasonable costs of 

acting on permit applications, implementing, and enforcing permits (NMSA 1978, § 74-2-7). 

New Mexico's Permit Fee System was approved by EPA on November 24, 1997 (62 FR 

50514). New Mexico's Permit Fee System implements a fee system for all preconstruction air 

permits issued by NMED. New Mexico's regulations for construction permit fees are found at 

20.2.75 NMAC. New Mexico's Title V program and associated fees legally are not part of the 

SIP, but were approved by EPA on November 26, 1996 (61 FR 60032) as part of the New 

Mexico Title V Program. 

§ 110(a)(2)(M) Provide for consultation and participation by local political subdivisions 

affected b the plan. 

New Mexico's Requirements 

The Air Quality Control Act provides that, "no regulations or emission control requirement 

shall be adopted until after a public hearing by the environmental improvement board or the 

local board" and provides that, "at the hearing, the environmental improvement board or the 

local board shall allow all interested persons reasonable opportunity to submit data, views, or 

arguments orally or in writing and to examine witnesses testifying at the hearing" (NMSA 1978, 

§§ 74--2-6(B) and (D)). The Act Quality Control Act also establishes NMED's power and duty 

to advise; consult; contract with and cooperate with local authorities, other states, the federal 

government and other interested persons or groups in regard to matters of common interest in 

the field of air quality control (NMSA 1978, § 74-2-5.2(8)). 

New Mexico's SIP-approved regulations for PSD (20.2.74, 20.2.72 and 20.2.79 NMAC) and 

Transportation Conformity (20.2.99 NMAC) also provide for public participation. For more 

information, refer above to infrastructure SIP element II O(a)(2)(J). 

New Mexico's 2010 Nitrogen Dioxide NAAQS Infrastructure SIP II 
CLA-22-A (R-1193) 

AFFIDAVIT OF PUBLICATION 

STATE OF NEW MEXICO 

County of Bernalillo ss 

RECEiVED 

Air Quality Bureau 

Linda MacEachen, being duly sworn, declares and says that she is Classified Advertising Manager 

of The Albuquerque Journal, and that this newspaper is duly qualified to publish legal notices or 

advertisements within the meaning of Section 3, Chapter 167, Session Laws of 1937, and that payment 

therefore has been made of assessed as court c~hat the nrtice, copy of which is hereto attached, 

.wa\~ · s;ed in · a per in the regular daily · on, for times, the first publication being on 

ay of , 20 and the subsequent consecutive publications on 

----------------------~~--------------·20 ___ . 

I " (· I -. (\ ,\ ' (\ A(', . r' • ~ \ N ·I ~~~' I .. \;IVC ovu \.A._ 

PRICE_~_.,d"""-'--'0~3"--'''----'-5""----'-'2.~---- Statement to come at end of month. 

( 

ACCOUNT NUMBER I () 0 7 5 9 i-
Svbmissioo ol comments oo lite 

propose<.t certmca~on may be wmten or oraL A.~ comments musi !)(!' 

re«>i'IOO by March 10, 2014. All 

ptJ':ltic comments ~ curing 

the oommtmt pefiod 1'1#1 be eva~Jated and respoOOed to as appro. 

priate by NMED prior 10 sub:nis- , 

skm oi h proposed C!'!rtification : lo fPA. If a request lor a putmc J 

hear.t~g is received duril'l{l !he 30·1 

nay public eommetrrt paricx1, a 

l!!larno date, llme and location wa1 

be announced at a !a!er date, fn r accordance Wilh 20. 1.1 NMAC • 

Rulem!lklrlg Ptoc:eoore!i • Enviroonen!al ~met'!! Soartl, ir.· 

cluOO'!g an additional pubfic com- ment period. For more itllotma!:ion. 

conlacl Mic!lael Baca, {57S} 524-

6300. Upon COf!llle!ion of 1tta 3(). 

day public comment period and, H 

requ&sted, the heaiulg prrx;ass, all 

docUI'Il(lnl$ IOdOOed in lhe New 

Mexloo 20t0 Nttrogen Dioxide cer· ll1icalion wiD be SUbmll'!ed to EPA 

IG 00 lncluded in the New Mex!oo 

State ltn~temenlalion Plan. 

lhe proposed ce!1.ificallon may be 

rev!Gwed c:bring regular business 

h;lurs at thti NMED t<Jt Qualdy Bu· 

,·eau office, New Me»co Elwu·onment ()apartment. 525 Camino de 

los Matque.z, Suite 1, Santa Fe, 

New Mexia:~, 87505-1816. A M 

Wxt ot NfdEO's proposed certifice· 

tlon is available or; NMED's web 

site at www.rtm(!rw.s!ate.nm.us, or by oontaclino Michael Baca, michael.baca1~staieJ1fl'l.ua. (575) 

524-f>lOO. 

Written oomrnSflts and/or a pob~c 

hGM!lg rtquest regardlr.g the proposed <:lif'lij!calion should be SlJb. 

milted Yla emaU lc Michael Baca, 

f!lithael.baca1 C-Slale.nm.us or mailed to·. 

New Mexico ErtWonment OepM· 

ment, A.ir Ooali!r Bureau 

ATm-llaca 

1170 N. Solano Dr., Ste. M 

las Cruces. NM 88001 

Comments and/or putllc hearlllg 

requests. may instead be submit· 

lad by IAA 1o !he Air Qualily 

Bureau, ATTN Mkflael Baca al 

15751526·3891. 

DEPARTAMENTO DEL M.ED!O . 

AMBifNTE DE NUEVO MEXICO 

NoUIIcli<IOn de ()portunida<! de 

Aud~I!Cia PUblica y 

eom ... ~a~~oa 

Cerl~ de infraesm.u::tura 

Propuet«~ de Nuevo M"&xlco 

para 

LH 2010 D161ddo de Nl!n\gono 

(N02} Hormu NactoNtea de -clilded del Alre Amblental 

e Oepartarr.ooto del MOOio 

Ambiante de Nuevo M9xlco 

(NMED) atiUI'Ide una oportunklad 

para haeer IXII'MA!alios sobro yio 

so»crtar una 1\udiencla p<Jblica 

$0bre t.ma cer1lf«c!!n prop.~esta 

de que Nuevo Mt*fcO Ilene un Plan Ad&e~Ai'io de 

rrnplementaci6n Estatm 

ted&ralmen!<l aptubaOO (Sl~ que 

tmla tooos los elemenki!i de un p!an de lnlraestfuctura de una Ley 

de Air< ~ia (CAAI Se11{l(a)\2), segiin es aplicable a las 

2010 dmklo de nitrOgeoo Normas 

Nacionales de Ca!ldad del A!re """"ntal (NAAQS). ta - da fa propues1a ~iOO es 

- contirmar e Ia Agenda de 

Protecci6n · Amblentaf do los 

EE.lJU. (EPA} qve el EstadO 00 

N\jBYQ Wxico IM;ne lmplemenlada 

18 'Wtaestruclura" requetida bajo 

01 SIP aclual para imptemeftlar, matl!f:ner~ y hacer CUI1'IPIIr m 

dWdn de irittOgeno NMOS. ~ 

Seccl6o 110(aK11 de ~ CAA. 

requiem _ <M) bs ' eslados 

presantan cartas de certi!icaci6n o SWs ~ a1 Administrador 

de ~A denlro d8 tres (31 &r,os 

siguiendo le pt'OO\ulgad6t'! 00 una 

ooaw o revisada NAAQft 

La auloridad legisialiva para et 

programa de Cliidad lief aire: de 

Nue'o'IJ tM»ro esla codificada en et CapftuJo 74 (Majora Amblentall 

de !»> Estatutos dl'l Nuevo Merico, 

que dan a Ia Junia ·de Mei'Jra 

Ambielltilt oo Nuevo Mexico y a! 

Oepartamemo del Medio Amhlente 

, !a SIJ!oridad para ~mp~emallhlr Ia 

CAA en Nu~ Mdltico {EI 

C<lr.dado · de Albuquerque/ 

i ae:ma"!lt) est! bajo 18 jut'fsdlcei6n 

de una junla y agencia local). La 

propuesla certif!CGdOn tue 

desa!1'0llfldfi por NMED pare a:• oon los requisilo:s Cl:lfllilnitm en !a Se<:tiOn HO de 

!a, CAA y 40 CfR Parte _51, 

Aequisitos para Ia Preparact6n, 

Adopci6n y Pr~6n de 

Planes de lmplemilntaciOn. Ln 

or<~pl..:t'sta certf..caci6n no adopta o ertmief\da ni"!Quflls 

I reg\llaciones: par lo tanto, 1'\0 esta 

lWjela e! requlsito obligatorio de 

: aui"a pUblica de NMSA 1978 

f 74-2.£. Sln embargO, puede que se requiera una eUdlencia segijn 

se describ!:l a conlinuaci6n. 

La propueaw <:ertitfcaci6n, La 

<:ertifitaCI6n t1a Ia propuesta 

ln1taestn.lcllJra de Nue'o'IJ Mexico 

para las: 2010 dlOxido de nit"()geoo NMOS, esta disponille P'Jf un tiempo para Qe com!.mtaoos 

pUblico& de 30 . di~ La 

presenlaOOn de comentarlos 

sollri !a ~sta certificaci6n 

puede Stlf e&OOia u oral. Toocs los 

comentario:s deben rOOblrse antes 

de 10 de IT'arm .2014. TOOOs los 

<:Omantarios pUblioos rectbidos 

durM~te el periodo de ccmentatlos 

S&1in evaluados y CQfltestadOS 

oogUn sea epropiado po; NMED 

antes de Ia presentaciQr, de Ia 

I certlhcaci6tlpropwstaalaEPA 

~ 

Sl se recba !JI1a solit1lud de una I 

tMJik.a dura111e t!l 

1\empo de cofuenlarios pUbhcos de 

30 dfas, se anunciarA Ia letha, 

l10ta y Iogar de Ia -audlencia eo UN\ techa posterior, 00 acue!'OO 

oon 20.1.1 NMAC 

Procedimlenios de Reg!~ ~Junta de Mejora 

Ambiefltal, ~do un perkldo 

adidooa! de tomentutios ptmliros. 

Para mas iltormati6n, p6ngase en oontacto con Michael Baca, 

151!) 524·6.100 A Ia -inM ai , 

tiempo de ccmenla!ios ~b!ioos tle ' 

30 d[es y,.si se sdicifa, elp!QCEISO 

de audelic'ia,, todo$ los 

documeotos li1Ckrido:t en Ia cefti~ tliO~ de flitnlge:no 

NAAOS de Nuevo Maxioo lie 

~n a EPI\ para ur lru::ltidos en el Pian de 

Jmflklmenlaci6n del Estado de 

Nuevo Mexico. _La certilkaci6n 

propuesta puede ser revisada 

dwante tm1as .res de olicina en Lfl Oficina 00! Departamento de 

Caidad del Aire de NMEO, 13\i! 

Siler Road, Edi!icio B, Sarla Fe, 

NIIM ~lice. Un te~ .coropleW 

00 Ia cerUfieaei6n propuesta dl!" 

NMED oo~ disJXif\lb!e en el sitio 

web www.nmenv..sl.ata.nm.u.s, o poniMd!JS(l r;n oonta<:to ccn MIchael Baca. {575) $24-630C o via 

email a ~.beeal Chtme.nm.us. 

Los comentancs e$Crltos y!o ' Ia 

~ de una audioocia pUb/lea 

reladooada a Ia c:ertffica:;tOn 

propuesta deberftn enviaroe- por COJ'JllO eiadrMioo a Mlthael. Baca, 

midlael.baca1 @state.nm.us o t!n'o1arse pot coneo e: 

Departamento dal Medio Attbieffie 

00 Nuevo M6~cc. Departamento oo Celidad del Alre · 

1170 N. Solano [)I,, Ste. M 

Las Cruces, NM 00001 

Alenck'ln: Michael Bai:a 

C«tientarlos yJo solicitudes de 

aud:encie pilblroa pueden tel'!lbien 

enviar:se por lax a\ 

Departamento de Cahda1 det Aile, 

Aterri5n: Michael eaca Ill {575) 

526-3891. 

•···--·-