### SusanaMartinez Governor 

### September 9, 2011

Dr. AI Armendariz Regional Administrator (6-A) 

# State ofNewMexico

U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 Dear Dr. Armendariz: 

# RECEIVED II SEP 23 PH I: 50 EXTERNAL AffAIRS DIVISION

On behalf of the New Mexico Environment Department, I am pleased to submit to the Environmental Protection Agency (EPA) the enclosed New Mexico State Implementation Plan (SIP) revision. This SIP revision consists of a demonstration that New Mexico's existing SIP satisfies the "Infrastructure SIP" requirements for the revised 2008 National Ambient Air Quality Standard (NAAQS) for lead. The hearing record for this SIP revision is attached, which includes the hearing transcript, exhibits, public notices, public comments, affidavits of publication, and notice of intent to testify. The only comments received regarding this matter were from EPA Region VI. The attached SIP revision includes amendments made in response to EPA's comments. Also included with the attached hardcopy of the SIP revision submittal is an electronic copy provided on disk which I certify to be an exact duplicate ofthe hardcopy. This SIP revision is being submitted to the EPA to fulfill New Mexico's requirements under Section 11O(a)(2) ofthe Clean Air Act for the revised 2008 lead 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 ofpromulgation. Sincerely,

Susana Martinez Governor Enclosures

cc: Mr. Guy Donaldson, EPA Region 6 Mr. Dave Martin, Secretary, NM Environment Department Mr. Butch Tongate, Director, Environmental Protection Division Mr. Richard Goodyear, Acting Bureau Chief, Air Quality Bureau



### State Capitol • Room 400 • SantaFe, NewMexico 87501 • 505-476-2200 • fax: 505-476-2226

# State of New Mexico Environment Department Clean Air Act 110(a)(2) Infrastructure State Implementation Plan For Lead National Ambient Air Quality Standards

## Executive Summary A State Implementation Plan (SIP) identifies how the state will attain and maintain the primary and secondary National Ambient Air QualityStandards (NAAQS). The SIP contains regulations, source-specific requirements, non-regulatory items suchas plans and inventories, and in some cases additional requirements 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 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 2008 lead NAAQS. 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. The regulations codified at 20.2 NMACare part of the approved New Mexico SIP and are cited in 40 CFR § 52.1620(c) unless otherwise stated. Those requirements of CAA § 110(a)(2) that are inthe 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 and submission to EPA as a SIP revision of attainment plans.

### Lead Infrastructure SIP Page 2of7 

## State of New Mexico 110(a)(2) SIP Requirements for Lead § 110(a)(2) Requirement Summary New Mexico’s Requirements § 110(a)(2)(A) Includeenforceable 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 compliance. The New Mexico Environment Department (NMED) has promulgated regulations to implement and enforce the NAAQS and other air quality standards. These regulations include economic incentives. New Mexico‘s enforceable emission limitations and other control measures are authorized by the Air Quality Control Act and those provisions of NMAC Title 20—Environment Protection, Chapter 2—Air Quality. The regulations authorized by Chapter 74- Environmental Improvement -- of the New Mexico Statutes Annotated (NMSA1978) are duly adopted by the Environmental Improvement Board. Where these provisions relate to Clean Air Act Section 110 requirements, SIP revisions have been submitted to and approved by EPA. EPA-approved SIP revisions are codified at 40 CFR Part 52, Subpart GG. New Mexico has an EPA-approved air permitting program for both major and minor sources, which ensures that all applicable requirements are included in the source's permit. NMED has determined that no reductions in lead emissions are required for maintenance of the 2008 lead NAAQS. New Mexico does not exempt from enforcement excess emissions that occur during start-up, shutdown, maintenance, or malfunction. Emissions in excess of permit or regulatory limits are presumptively violations, subject to affirmative defenses with the burden of proof on the respondent. See 20.2.7 NMAC. § 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 maintains an annual monitoring network for the NAAQS and submits annual monitoring plans to EPA which describe how the State has complied with monitoring requirements and explains any proposed changes.NMED presently does not operate any sourceoriented lead monitors due to the absence of any 0.5 TPY or larger sources of leadin the state. Nor does NMED operate any non-source-oriented lead monitoring, due to the absence of any CBSA with a population of 500,000. (Albuquerque is outside of NMED’s jurisdiction). If monitoring is required for the state in the future, all monitoring data will be measured using EPA approved methods as either Reference or Equivalent monitors. All monitors will be subjected to the quality assurance requirements of

### Lead Infrastructure SIP Page 3of7 40 CFR Part 58, Appendix A, and located at sites that have met the minimum siting requirements of Part 58, Appendix E. All data will be submitted to EPA’s Air Quality System (AQS) system in accordance with the scheduleprescribed by 40 CFR Part 58. § 110(a)(2)(C) Include a program to provide for enforcement the of measures in § 110(a)(2)(A), and regulation of the modification and construction of any stationary source 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. NMED has established regulations governing the enforcement of control measures, including attainment plans and permitting programs that regulate construction and modification of stationary sources. See 20.2.72, 20.2.74 and 20.2.79 NMAC. NMED’s Prevention of Significant Deterioration (PSD) program applies to sources that emit greenhouse gases in accordance with EPA’s tailoring rule. 20.2.74.AZ NMAC.
§ 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 currently does not have any lead nonattainment areas nor is the state in close proximity to any other lead nonattainment areas. The closest lead nonattainment area to New Mexico is approximately 450 miles from the New Mexico Stateline in northern Texas. New Mexico does not have any major sources of lead in the state. Total point source emissions for lead in New Mexico equals less than 0.5 tons per year (tpy) and less than 0.05 tpy for area source emissions (based on the 2005 National Emission Inventory). Due to the limited amount of point and area source lead emissions in New Mexico and the lack of lead nonattainment areas in New Mexico or within close proximity, NMED has concluded that lead emissions from New Mexico: 1) Do not significantly contribute to nonattainment in or interfere with maintenance for any other state with regards to the lead NAAQS; 2) Do not interfere with the measures required to implement prevention of significant deterioration or for the protection of visibility in any other state; and 3) Do not preclude the state from insuring compliance with CAA section § 126 and 115. Consistent with 40 CFR 166(q)(2)(iv), New Mexico’s PSD program requires NMED to notify potentially affected states, tribes, and federal land managers of its intent to approve or disapprove a PSD permit application. 20.2.74.400 (C) NMAC. § 110(a)(2)(E)(i) Provide: (i) necessary assurances that the state (or, except where the administrator deems inappropriate, the general purpose local government or New Mexico Statute § 74-2-5 “Duties and powers; environmental improvement board; local board” gives the New Mexico environmental improvement board authority to develop, implement and enforce the SIP.

### Lead Infrastructure SIP Page 4of7 governments, or a regional agency designated by the state or general purpose local governments for such purpose) will have adequate personnel, funding, and authority under state (and, as appropriate, local) 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). § 74-2-5 provides the board adequate legal authority to adopt emission standards and compliance schedules applicable to regulated entities, and to adopt emission standards and limitations and any other measures necessary for attainment and maintenance of national standards. § 74-2-5 also provides the board adequate legal authority to enforce applicable laws, regulations, standards, and compliance schedules, and seek injunctive relief. In addition, § 74-2-5.1 provides the department legal authority to enforce applicable laws, regulations, standards, and compliance schedules. The resources to carry out the implementation plan are provided through General Funds, Permit Fees, and the CAA §§ 103 and 105 grant process. Permit fees are collected under the authority of § 74-2-7. No organizations outside of NMED will participate in implementing or enforcing this SIP. New Mexico has adequate personnel to implement the SIP with respect to lead requirements. Should EPA determine that New Mexico 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 lead standard 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 state boards under section 128, and NMSA 1978 § 74-1-4 provides that the Environmental Improvement contain at least a majority of members 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 Clean Air Act or Air Quality Control Act. Board members are required to recuse themselves from rule-makings in which their impartiality may reasonably be questioned. 20.1.1.111 NMAC § 110(a)(2)(E) (iii) (iii) Necessary assurances that, where the state has relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, the state has responsibility for ensuring adequate implementation of such plan provision. Albuquerque-Bernalillo County is authorized to carry out all portions of New Mexico’s SIP within Bernalillo County. See § 74-2-4. NMED and the state Environmental Improvement Board retain oversight authority in the event the local authority fails to act. § 74-2-4 (D).

### Lead Infrastructure SIP Page 5of7 §110(a)(2)(F) Require, as may be prescribed by the Administrator: (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps by owners or operators of stationary sources to monitor emissions from such sources, (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; Regulatory requirements have been promulgated in 20.2.72 NMAC- Construction Permits,20.2.70 NMAC- Operating Permits, and 20.2.79 NMACPermits-Nonattainment Areas(pertaining to sampling and testing). Requirements in 20.2.7.73 NMAC–Notice of Intent and Emission Inventory Requirementsprovide for the reporting of emissions inventories in a format established by NMED on a schedule prescribed by the regulation. New Mexico's enforceable emission limitations and other control measures are addressed in the state's Air Quality Control Act and those provisions of Chapter 2 of New Mexico's Administrative Code Title 20. 20.2.5 NMAC- Source Surveillanceestablishes the general requirements for maintaining records and reporting emissions, including record keeping, data submissions, and public access to emissions data. §110(a)(2)(G) Provide for authority comparable to that in section 303 and adequate contingency plans to implement such authority. While there are currently nosignificant sources of lead, the statute is adequate to constrain any sources of lead emissions, as necessary, in an emergency situation. Under NMSA § 74-2-10, the secretary of the department is authorized to bring suit to immediately restrain a personcausing emissions that presents an imminent and substantial endangerment to the public health or welfare or to the environment, or to issue orders necessary to protect the public health or welfare or the environment and bring suit within 24 hours. If the secretary brings an action within that time, the order is effective for another forty-eight hours or for such longer period as may be authorized by the court pending litigation New Mexico adopted an Air Pollution Episode Contingency Plan (8/12/91, 56 FR 38074) that addresses air pollution episodes and the occurrence of an emergency due to the effects of the pollutants on the health of persons. (Approval noted at 40 CFR § 52, Subpart GG). This contingency plan cites the State’s legal authority provided to the secretary of the department under NMSA § 74-2-10 in the event that there is an emergency episode. The New Mexico Air Pollution Episodes Contingency Plan meets the requirements of 40 CFR 51, Subpart H (Prevention of Air Pollution Emergency Episodes). §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 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 authority to develop or revise the SIP is based on the authority to adopt new regulations, revise existing regulations, to meet the NAAQS.

### Lead Infrastructure SIP Page 6of7 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. NMSA 1978 § 74-7-5 gives the board authority to perform these functions. § 74-7-5 also provides the board the authority to adopt regulations to abate, control, and prohibit air pollution throughout New Mexico in accordance with the provisions of State Rules Act [Chapter 14, Article 4, NMSA 1978]. Nothing in New Mexico’s statutory or regulatory authority prohibits the State from revising the SIP in the event of a revision to the NAAQS.

§110(a)(2)(I) 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 nonattainment areas); Compliance under the lead standard will be evaluated with submitted SIP revisions for any future nonattainment areas. SIP revisions related to nonattainment areas will comply with Subpart D requirements, as applicable. The currently approved nonattainment area SIP provisions listed in 40 CFR § 52, Subpart GG also meet Subpart D requirements. §110(a)(2)(J) Meet the applicable requirements of § 121 (relating to consultation), section 127 (relating to public notification), and Part C (relating to prevention of significant deterioration of air quality and visibility protection); All SIP revisions undergo public notice and hearing, which provides for comment by the public, including local political subdivisions. See 20.1.1 NMAC. Air quality data from New Mexico’s monitoring network is published in real time on NMED’s website. 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. The website also contains information on the air quality index, and on ways the public can participate in regulatory and planning efforts.New Mexico has adopted 20.2.74 NMACPrevention of Significant Deteriorationfollowing the requirements outlined in 40 CFR 52 under section 161 of the CAA (42 U.S.C.A. § 7471) for prevention of significant deterioration. These provisions were approved by EPA as part of the SIP. 20.2.74 NMAC includes procedures for protection of visibility in Class I areas. New Mexico submitted its Regional Haze SIP to EPA in June, 2011. This submittal will provide further visibility protection and improvements to federal Class I areas. §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 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

### Lead Infrastructure SIP Page 7of7 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; qualified modelers, two with Ph.D’s. Upon request, NMED will submit current and future data relating to modeling to EPA.

§110(a)(2)(L) Require the owner or operator of each major stationary source to pay to the permitting authority, as a condition of any permit required under this 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 of any such permit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources by the Administrator's approval of a fee program under title V; The fee requirements of 20.2.71 NMAC - Operating Permit Emission Feesand 20.2.75 NMAC - Construction Permit Feeswere approved by EPA as meeting the CAA requirements and were incorporated into New Mexico's SIP (11/25/97, 62 FR 50514). New Mexico's Title V operating permit program (20.2.70 NMAC) was approved by EPA in 1997 (11/25/97, 62 FR 50514).

§ 110(a)(2)(M) Provide for consultation and participation by local political subdivisions affected by the plan. New Mexico state statute § 74-2-5.2 ”State air pollution control agency; specific duties and powers of the department,” requires advising; consulting; contracting with and cooperating 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; and initiation of cooperative action between a local authority and the department, between one local authority and another or among any combination of local authorities and the department for control of air pollution in areas having related air pollution problems that overlap the boundaries of political subdivisions; and entering into agreements and compacts with adjoining states and Indian tribes, where appropriate. The State’s public participation requirements and procedures fulfill the requirements for consultation with local political subdivisions affected by the SIP.

### STATE OF NEW MEXICO 

## Ij BEFORE THE ENVIRONMENTAL IMPROVEMENT BOARD' ·\ IN THE MATTER OFPROPOSED REVISIONS TOTHE STATE IMPLEMENTATION PLAN FOR INFRASTUCTURE OF LEAD NATIONAL AMBIENTAIR QUALITY STANDARD

PETITION FOR REGULATORY CHANGE 

### No. EIB 

## 11-01 (R)

TheNew Mexico Environment Department ("Department"), pursuantto 20.1.1 NMAC

- Rulemaking Procedures, petitions the Environmental Improvement Board ("Board")to approve

an "infrastructure" state implementation plan for the implementation oftherevised National AmbientAirQuality Standard for lead. The proposed plan and a statementofreasons are attached. The Board is authorized to adopt these regulations by the AirQuality Control Act, NMSA 1978 § 74-2-5. The Department requests that the Board schedulethe hearing for during its regular meeting in August2011. The Department anticipates that its testimony regarding the Prui 99 revisions will require approximately onehour.
Respectfully submitted, NEW MEXICO ENVIRONMENT DEPARTMENT OFFICE OF GENERAL COUNSEL 

## 2z_

..---·-·:;_-?

### ---~--=· Bill Grantham Assistant General Counsel New Mexico Environment Department 1190 St. Francis Drive, SuiteN-4050 SantaFe, New Mexico 87505 Telephone: (505) 827-2824 bill.grantham@state.nm.us :,,,-_ ... ,

### STATE OF NEW MEXICO BEFORE THE ENVIRONMENTAL IMPROVEMENT BOARD IN THE MATTER OFPROPOSED REVISIONS TO THE STATE IMPLEMENTATION PLAN FORINFRASTUCTURE OF LEAD NATIONAL AMBIENT AIR QUALITY STANDARD

STATEMENT OF REASONS

I. Introduction No. EIB 11-

# Dl (R)



### TheNew Mexico Environment Department proposes revisions to New Mexico's State Implementation Plan (SIP) under 11O(a)(2) ofthe Federal Clean Air Act (CAA) for the revised National Ambient Air Quality Standard (NAAQS) for Lead. Section 110 ofthe CAA requires states to develop SIPs and programs to meet the NAAQS established by the United States Environmental Protection Agency (EPA) to protectpublic health and welfare. Section 110 ofthe CAA sets forth general elements for the implementation ofSIPs. Section 11O(a)(2) ofthe CAA requires states to submit SIP revisions to the Environmental Protection Agency (EPA) Administrator that provide for implementation, maintenance and enforcement ofthe NAAQS. OnNovember 12,2008, EPA promulgated a revised NAAQS for lead. Section 110(a)(2) ofthe CAA requires states to submit to the EPAAdministrator an "Infrastructure SIP" that addresses the requirements ofsection 110(a)(2)(A)--(M) ofthe CAA within 3 years after the promulgation ofa NAAQS.TI1is SIP is a compilation ofelements that demonstrateshow the State ofNew Mexico will implement, maintain and enforce the revised lead NAAQS. The Infrastructure SIP revision must be adopted by the New Mexico EnvironmentalImprovement Board in ordertobe included as part ofNew Mexico's state implementation plan. Once the Infrastructure SIP is adopted and approved by EPA, it will provide a Federally enforceablewritten confirmation of howNew Mexico will continue to comply with the section 11O(a)(2) requirements ofthe CAA for the lead NAAQS.

### II. Proposed Infrastructure SIP


## Executive Summary
A State Implementation Plan (SIP) identifies howthe 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 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 Pat1 52 Subpart GG. The enclosed SIP matrix outlines the requirements ofsection l!O(a)(2)(A) through (M) ofthe federal Clean Air Act (CAA) and addresses how New Mexico will implement, maintain and enforce the 2008 lead NAAQS. Legislative authority for New Mexico's air quality program is codified in Chapter 74 (Environmental Improvement) ofthe New Mexico Statutes, which gives the State Environmental Improvement Board arid the Environment Departmentthe authority to implement the CAA in New Mexico. The regulatory authority to implement CAAprograms is contained in theNew Mexico Administrative Code (NMAC), specifically Chapter2 ofTitle 20 for AirQuality. The regulations codified at 20.2 NMAC are part ofthe approved New Mexico SIP and are cited in 40 CFR § 52.1620(c) unless otherwise stated. Those requirements ofCAA § IIO(a)(2) thatare in the approved SIP orrecently 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 ofTitle I ofthe CAA, are fulfilled during the development and submission to EPA as a SIP revision ofattainment plans.

Lead SIP Slatement ofReasons Page 2 of8

## State ofNew Mexico 110(a)(2) SIP Requirements for Lead
§ IIO(a)(2) Requirement Summary § IIO(a)(2)(A) Include enforceable emission limitations and other control measures, means, ortechniques (including economic incentives sueh as fees, marketable permits, and auctions oremissions rights), as well as schedules and timetable for compliance.

§ IIO(a)(2)(B) Provide for establishment and operation ofappropriate 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.

§ IIO(a)(2)(C) Include a program to provide for enforcement the ofmeasures in § IIO(a)(2)(A), and regulation of the modification and construction ofany stationary source 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. § IIO(a)(2)(D) (i) Contain adequate provisions prohibiting any source orother type ofemissions activity from
Lead SIP Statement ofReasons Page 3 of8 New Mexico's Requirements TheNew Mexico Environment Department (NMED) has promulgated regulations to implement and enforce the NAAQS and other air quality standards. These regulations include economic incentives. New Mexico's enforceableemission limitations and other control measures are authorized by[?] the Air Quality Control Act and those provisions ofNMAC Title 20-Environment Protection, Chapter 2-Air Quality as listed in 40 CFR 52 Subpart GG, and source specific provisions codified at 40 CFR 52 SubpartGG. The regulations authorized by Chapter 74- Environmental Improvement ofNew Mexico's state statute ( 1978 NMSA) are duly adopted by the Environmental Improvement Board. Where these provisions relate to Section 110 requirements, SIP revisions have been submitted to and approved by EPA. EPA-approved SIPrevisions are codified at40 CFR Part 52, Subpart GG. New Mexico has an EPAapproved air permitting program for both major and minor sources, which ensures that all applicable requirements are included in the source's pem1it. New Mexico presently does not operate any lead monitors in the state dueto lack oflead major sources in the state. Ifmonitoringisrequired for the state in the future, all monitoring data will be measured using EPA approved methods as either Reference or Equivalent monitors. All monitors will be subjected to the quality assurance requirements of 40 CFRPart 58,Appendix A, and located at sites that have met the minimum sitingrequirements of Part 58, Appendix E. All data will be submitted to EPA's Air Quality System (AQS) system in accordance with the schedule prescribed by 40 CFR Part 58. NMED has established regulations governing the enforcement ofcontrol measures, including attainment plans and permittingprograms that regulate construction and modification ofstationary sources.

New Mexico currently does not have any lead nonattainment areas nor is the state in close proximity to any other lead nonattainment areas.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 ofairquality or to protect visibility. (ii) Insure compliance with the applicable requirements CAA sections § 126 and 115 (interstate and international pollution abatement).
§ IIO(a)(2)(E)(i) Provide: (i) necessary assurances that the state (or, except where the administrator deems inappropriate, the general purpose local government or governments, ora regional agency designated by tl1e state or general purpose local govemments for such purpose) will have adequate personnel, funding, and authority under state (and, as appropriate, local) law to cany out such implementation plan (and is not prohibited by any provision of federal or state Jaw from canyingout such implementation plan orportion thereof).

Lead SIP Statement ofReasons Page4 of8 The closest lead nonattainmentarea to New Mexico is approximately 450 miles away in northern Texas. New Mexico does not have any major sources of lead in the state. Total point source emissions for lead in New Mexico equals less than 0.5 tons per year (tpy) and less than 0.05 tpy for area source emissions (based on the 2005 National Emission Inventory). Due to the limited amount ofpoint and area source lead emissions in New Mexico and the Jack oflead nonattainment areas in New Mexico or within close proximity, NMED has concluded that lead emissions from New Mexico: 1) Do not significantly contribute to nonattainment in or interfere with maintenance for any other state with regards to the lead NAAQS; 2) Do not interfere with the measures required to implement prevention ofsignificant deterioration or for the protection ofvisibility in any other state; and 3) Do not preclude the state from insuring comnliance with CAA section 

### !i 126 and 115. New Mexico Statute§ 74-2-5 "Duties and powers: environmental imj;!rovement board; local board" gives the New Mexico environmental improvement board authority to develop, implement and enforce the SIP. § 74-2-5 provides the board adequate legal authority to adopt emission standards and compliance schedules applicable to regulated entities, and to adopt emission standards and limitations and any other measures necessary for attainment and maintenance ofnational standards. § 74-2-5 also provides the board adequate legal authority to enforce applicable laws, regulations, standards, and compliance schedules, and seek injunctive relief. In addition, § 74-2-5.1 provides the department legal authority to enforce applicable laws, regulations, standards, and compliance schedules. The resources to cany out the implementation plan are provided through General Funds, Pennit Fees, and the CAA §§ I03 and I05 grantprocess. Pennit fees are collected under the authority of§ 74-2-7. New Mexico has adequate personnel to implement the SIP with respect to lead requirements. Should EPA detennine that New Mexico lacks adequate personnel to cany out the SIP, EPA may issue a finding with respect to that deficiency, whichNew Mexico would have a legal obligation to correct.§ 110(a)(2)(E)(i)(i) (ii)requirements that the state comply with the requirements respecting state boards under section 128, and § llO(a)(2)(E) (iii) Necessary assurancesthat, (i)(i)(i) where the state has relied on a local orregional govemment, agency, or instmmentality for the implementation ofany plan provision, the state has responsibility for' ensuring adequate implementation ofsuch nlan orovision. §IIO(a)(2)(F) Require, as may be prescribed by the Administrator:



### (i) 

### the installation, maintenance, and replacement ofequipment, and the implementation of other necessary steps by owners or operators of stationary sources to monitor emissions from such sources,

(ii) periodicreports on the nature and amounts ofemissions and emissions-related data from such sources, and

(iii) correlation ofsuch 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 insnection; §IIO(a)(2)(G) Provide for authority comparable to that in section 303 and adequate contingency plans to implement such authority.

Lead SIP Statement ofReasons Page5of8 NewMexico does not anticipate the need for additional resources to implement the plan for the lead standard beyond those which have been utilized for thepreparation oftheplan and plan revisions submitted to EPA and other current programmatic demands. New Mexico state statute§**74~**7-5 requires the state's Environmental Improvement Board to comply with the requirements ofthe CAA and its associated standards, regulations and state implementing directives. As discussed in greaterdetail in the item related to § IIO(a)(2)(B) above, New Mexico currently does not maintain a network for monitoring ambient lead levels due to the lack ofmajor lead sources within the state. New Mexico does not rely on any other localities to implement any monitoring or plan provisions.
Regulatory requirements have been promulgated in 20.2.72 NMAC- Construction Permits. 20.2.70 NMAC- Operating Permits, and 20.2.79 NMACPermits-No11affainmentAreas (pertaining to sampling and testing). Requirements in 20.2.7.73**NMAC~** Notice of Intent andEmission InventoryRequirements provide for the reporting ofemissions inventories in a format established by NMED on a schedule prescribed by the regulation. New Mexico's enforceable emission limitations and othercontrol measures are addressed in the state's Air Quality Control Act andthose provisions of Chapter2 ofNew Mexico's Administrative Code Title 20. 20.2.5 NMAC- Source Surveillance establishes the general requirements for maintaining records and reporting emissions, including record keeping, data submissions, and public access to emissions data.
Upon a finding that any owner/operatoris unreasonably affecting the public health, safety or welfare, orthe health ofanimal or plant life, or property, the New Mexico state statute, § 74-7-10 authorizes NMED to, after a reasonable attempt to give notice, declare a stateofemergency and issue without hearing an emergency special order directing the owner/operator to cease such pollution immediately. New Mexico adopted an Air Pollution Episode ContingencY Plan (8/12/91, 56 FR 38074\ that§IIO(a)(2)(H) Provide for revision ofsuch plan: (i) from time to time as may be necessary to take account of revisions ofsuch national primary or secondary ambient air quality standard or the availability ofimproved or more expeditious methods ofattaining such standard, and (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis ofinfom1ation available to the Adminisb·ator 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 Aet. §JJO(a)(2)(1) In the case ofa plan or plan revision for an area designated as a nonattainment area, meet the applicable requirements of part D (relating to nonattainmenl areas);

§IIO(a)(2)(J) Meet the applicable requirements of§ 121 (relating to consultation), section 127 (relating to public notification), and Part C (relating to prevention ofsignificant deterioration ofair quality and visibility protection);

Lead SIP Statement ofReasons Page 6 of8 addresses airpollution episodes and the occurrence ofan emergency due to the effects ofthc pollutants on the health ofpersons. New Mexico's SIP is a compilation ofregulations, plans, and submittals that act to improve and maintain air quality in accordance with national standards. The authority to develop or revise the SIP is based on the authority to adopt new regulations, revise existing regulations, and conduct business in a manner to meet the NAAQS. New Mexico state statute§ 74-7-5 gives the board authority to perform these functions. § 74-7-5 also provides the board the authority to adopt regulations to abate, control, and prohibit air pollution throughout New Mexico in accordance with the provisions ofState Rules Act [Chapter 14, Article 4, NMSA 1978). Nothing in NeW Mexico's statutory or regulatory authority prohibits the State from revising the SIP in the event ofa revision to the NAAQS.

The SIP revision pertaining to §IIO(a)(2)(D)(i) addresses the requirements ofpart D for nonattainment areas. Amendments to these requirements to fulfill recent federal requirements were submitted to EPA in September 2007. SIPs underPart D comply with all applicable requirements for each nonattainment area under CAA Sections II0, 172(e), 175A and subpart 2 to Part D. Compliance under the lead standard will be evaluated with submitted SIP revisions for any future nonattainmenl areas. SIP revisions related to nonattainment areas will comply with Subpart D requirements, as applicable. The currently approved nonattainment area SIP provisions listed in 40 CFR § 52.1620 also meet Subpart D requirements. All SIPrevisions undergo public notice and hearing, which provides for commentby the public, including local political subdivisions. Air quality data from New Mexico's monitoring network is published in real time on NMED's website. Additionally, as part ofthe I05 grant process New Mexico is required to submit monitoring data to the Air Quality System (AQS) in a timely manner. New Mexico has adopted 20.2.74 NMAC- · Prevention of SignificantDeterioration following the requirements outlined in 40 CFR 52 under section 161 ofthe CAA (42 U.S.C.A. § 7471) for prevention§IIO(a)(2)(K) Provide for: (i) the perfonnance ofsuch air quality modeling 

### as the Administrator may prescribe for the purpose ofpredicting the effect on ambient air quality of any emissions ofany air pollutant for which the Administratorhas established a national ambient air quality standard, and

(ii) the submission, upon request, ofdata related to such air quality modeling to the Administrator; §IIO(a)(2)(L) 

### Require the owner or operator ofeach major stationary source to pay to the permitting authority, as a condition ofany permit required under this Act, a fee sufficientto cover-

(i) the reasonable costs ofreviewing and acting upon any application for such a permit, and

(ii) ifthe O\'rner or operator receives a permit for such source, the reasonable costs of implementing and enforcingthe tennS and conditions ofany such pennit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded withrespect to such sources by the Administrator's approval ofa fee program under title V; § IIO(a)(2)(M) 

### Provide for consultation and participation by local political subdivisions Lead SIP StatementofReasons Page 7 of8 ofsignificant deterioration. Theseprovisionswere approved by EPA as part ofthe SIP. 20.2.74 NMAC includes procedures for protection of visibility in Class I areas. New Mexico intends to submit its Regional Haze SIP to EPA in 20II. This submittal will provide further visibility protection and improvements to federal Class I areas. 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.

1l1e fee requirements of20.2.71 NMAC- Operating Penni! Emission Fees and 20.2.75 NMACConstruction Permit Fees were approved by EPA as meeting the CAA requirements and were incorporated into New Mexico's SIP (11/25/97, 62 FR 50514). New Mexico's Title V operatingpermit program (20.2.70 NMAC) was approved by EPA in 1997 (11/25/97, 62 FR 50514).

New Mexico state statute § 74p2-5.2 "State air pollution control agency; specific duties and powers ofthe department," requires advising; consulting;

### affected by 

### the plan.

Lead SIP Statement ofReasons Page 8 of8 contracting with and cooperating with local authorities, other states, the federal government and other interested persons or groups in regard to matters ofcommon interest in the field ofair quality control; and initiation ofcooperative action between a local authority and the department, between one local authority and another oramong any combination oflocal authorities and the departr'nent for control ofair pollution in areas havingrelated air pollution problems that overlap the boundaries of political subdivisions; and entering into agreements and compacts with adjoining states and Indian tribes, where appropriate. The State's public participation requirements and procedures fulfill the requirements for consultation with local political subdivisions affected by the SIP.

# ( STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD IN THE MATTER OF PROPOSED REVISIONS TO THE STATE IMPLEMENTATION PLAN FORINFRASTUCTURE OFLEAD NATIONAL AMBIENT AIR QUALITY STANDARD 

### No. EIB 11- 07 (R)

ENVIRONMENTAL PROTECTION DIVISION'S NOTICE OFINTENT TO PRESENT TECHNICAL TESTIMONY 

### Pursuantto 20.1.1.302.A NMAC, the NewMexico EnvironmentDepartment (NMED) Environmental Protection Division ("the Division") hereby submits its Notice oflntentto present technical testimony in this proceeding.

1. 

### Person Represented By the Technical Witnesses. The NewMexico Environment Department, Air Quality Bureau, Environmental Protection Division.



### 2. Name and Qualifications ofEach Technical Witness. Gail Cooke. Ms. Cooke is an Environmental Planner/Analyst in the Control Strategies Section ofthe Air Quality Bureau. She has worked in the Air Quality Bureau since June 1999. Ms. Cooke holds a bachelor degree in Environmental Design from Texas A&M University and a
master degree in Urban and Regional Planning from Virginia Tech. 

### 3. Summary ofTestimony and Anticipated Length ofTestimony Ms. Cooke will testifY in support ofadoption ofthe proposed state implementation plan (SIP) to satisfY the "infrastructure" SIP requirements ofthe federal Clean Air Act, Section 110. Herwritten testimony is submitted as ExhibitNMED 2. She will provide a briefsummary ofthe

NOTICE OFINTENT-PAGE I

### testimony, which is anticipated to be less than 10 minutes. 

### 4. Text ofRecommended Modifications to the Proposed Regulatory Change TheDivision recommends thatthe Board adoptthe proposed the proposed SIP as provided in Exhibit NMED 3. This exhibit shows, in redline/strikethrough, modifications from the proposed SIP a·s filed with the Division'spetition ofApril 15,2011.



### 5. List and Description ofExhibits The Division submits the following exhibits: 

### EXHIBIT NUMBER TITLE OF EXHIBIT

NMED I Resume ofGail Cooke. NMED2 Written Testimony ofGail Cooke. NMED3 Proposed Infrastructure SIP for Revised Lead NAAQS NMED4 Fact Sheet onFinal Revisions to the LeadNational Ambient Air Quality Standard NMED5 June 17, 20 II 

### Draft Guidance on SIP Elements Required Under Sections IIO(a)(l) and (2) for the 2008 Lead (Pb) National Ambient Air Quality Standard (NAAQS) NMED6 Affidavits ofPublic Notice NMED7 Letter to Small Business Advisory Commission NMED8 Draft letter for submittal ofSIP to EPA by Governor Martinez NMED9 Proposed Order and Statement ofReasons NMED 10 EPA Comments Received July 15, 2011


### 6. Reservation ofRights This Notice oflntentto PresentTechnical Testimony is based on the Division's petition. The Division reserves the right to call any person to testifY and to present any exhibit in response to another notice ofintent or public comment filed in this matter orto any testimony or exhibit

NOTICE OFINTENT-PAGE 2

## ( offered at the public hearing. The Division also reserves the right to call any person as a rebuttal witness and to present any exhibit in support thereof.

Respectfully submitted,

NEW MEXICO ENVIRONMENT DEPARTMENT

Bill Grantham Assistant General Counsel NewMexico Environment Department 1190 St. Francis Drive, Suite N-4068 SantaFe, New Mexico 87505 505.827.2824 bill.grantham@state.nm.us



### CERTIFICATE OF SERVICE I hereby certify that on July

__ , 20II, a true and accurate copy ofabove-entitled pleading was sent by first class mail and email to the Board Attorney at the following address: STEPHENA. VIGIL Assistant Attorney General, Civil Division Office ofNewMexico Attorney General Gary K. King 408 Galisteo Street P.O. Drawer 1508 · SantaFe, NM 87504-1508 (505) 827-6029 (Office) (505) 827-6478 (Fax) SVigil@nmag.gov

Bill Grantham

NOTICE OFINTENT- PAGE 3

## (



# ( Gail F. Cooke
EDUCATION 

## Master ofUrban andRegionalPlanning, Concentration: EnvironmentalPlanning, Virginia Tech, Blacksburg, Virginia, 1998 MajorProject: The Implementation ofVirginia Erosion and Sediment Control Laws and Regulations. 

## Bachelor of EnvironmentalDesign, TexasA&MUniversity, College Station, Texas, 1995 Other areas ofstudy include Environmental Science, Soil Science, and Civil Engineering.
WORK HISTORY 

## State of NewMexico EnvironmentDepartment,AirQuality Bureau 1999-Present Environmental Analyst/Planner- Public outreach, including preparing outreach material for the general public and organizing public meetings and open houses; preparation ofemission inventory updates and maintenance plans forthe State ImplementationPlan submittals; development oflocal initiative plans to help reduce criteria airpollutants; reviewing of environmental assessments and environmental impact statements; grant writing; and regulatory development. 

## TaschekEnvironmental Consulting 1998-1999 Environmental Planner- General environmentalplanning; conducted environmental assessments, and initial site assessments; assisted in public outreach; assisted intransportation planning, and land use planning projects; and worked extensively with state regulations and federal rules, including theNational Environmental Policy Act.
RELEVANT PROJECT EXPERIENCE



## Plan andRegulationDevelopment Developed and authored several federally mandated plans on various air quality issues throughout NewMexico. Assisted in the development ofthe Ozone Early Action Compact (EAC)plan for San Juan County, NM. The EAC was developed as a local initiative to control ozone levels within San Juan County, NM. Participants in the EAC include the Cities ofFarmington, NM, Aztec, NM, and Bloomfield, NM; San Juan County, NM; the State ofNewMexico; and the US Environmental Protection Agency. Job duties includedplan development, preparation offact sheets and other informational outreach material, the planning ofopen houses; and testifying before the Environmental Improvement Board Developed SIP Maintenanceplans for the Sunland Park, NM !-hour ozone nonattainment area and the Grant County, NM sulfur dioxide nonattainment area. A maintenance plan is required by the federal government for areas that have violated federal ambient air quality standards to show compliance with the standard. Job duties for bothplans included plan development; preparation

NMED EXHIBIT 1

### ofemission inventory; adoption ofplan; public outreach, and testifying before the Environmental Improvement Board. Acted as the lead inthe adoption ofrevisions to 20.2.99 NMAC- 

### Conformity to the State Implementation Plan a/TransportationPlans, Programs andProjects. The revisions to 20.2.99 NMAC were in response to amendments made to the federal rule 40 CFRPart 93 

### -Determining Conformity of FederalActions to State or Federal implementation Plans. Revisions to this regulation were adopted by the Environmental Improvement Board in 2005, 2007 and 2009. Coordinated the repeal and replacement of20.2.7 NMAC 

### -ExcessEmissions. The repeal and replacement of20.2.7 NMAC was done to conform to requirements inthe Clean Air Act. Extensive outreach and negotiations were done throughout the regulatory development process for 20.2.7 NMAC. The repeal and replacement ofthis regulation was adopted by the Environmental Improvement Board in 2008.

## (

I 2 3 4 5 6 7 8 9 

## ( 10 I I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 

## ( 31 STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD

IN THE MATTER OFTHE PROPOSED STATE IMPLEMENTATION MAINTENANCE PLAN FOR THE LEAD NATIONAL AMBIENT AIR QUALITY STANDARD EIB 11-07 (R)

WRITTEN TESTIMONY OFGAIL COOKE

Witness Qualifications: 

### Gail Cooke is an Environmental Planner/Analyst in the Control Strategies Section ofthe Air Quality Bureau. She has worked in the AirQuality Bureau since June 1999. Ms. Cooke holds a bachelor degree in Environmental Design from Texas A&M University and a master degree in Urban and Regional Planning from Virginia Tech. Herresume is attached as Exhibit NMED I. I. INTRODUCTION 

### Madame Chair andMembers ofthe Board, Iam here to present testimony on the Department's proposed changes to the New Mexico State Implementation Plan (SIP) for the new !-hourlead National Ambient Air Quality Standard (NAAQS). From now on, I will refer to this plan as the Lead Infrastructure SIP. A copy ofthe proposed Lead Infrastructure SIP is included as Exhibit NMED 3. Section II0 ofthe Clean Air Act (CAA) requires states to develop SIPs and programs to meet the NAAQS established by the United States Environmental Protection Agency (EPA) to protectpublic health and welfare. Section II0 ofthe CAA sets forth general elements for the implementation ofSIPs. Section IIO(a) (2) ofthe CAA requires states to submit SIP revisions to EPA's Administrator that provide for implementation, maintenance and enforcement ofthe NAAQS. EPA refers to this type ofplan as an Infrastructure SIP. On November 12, 2008, EPApromulgated a revisedNAAQS for lead (73 Fed. Reg. 66964). Section IIO(a)(2) ofthe CAArequires states to submit to EPA an "Infrastructure SIP" that addresses the requirements ofsection IIO(a)(2)(A)--(M) ofthe CAA within 3 years afterthe promulgation ofa NAAQS. The Infrastructure SIP is a compilation ofelements that demonstrates howthe State ofNew Mexico will implement, maintain and enforce the revised lead NAAQS. This proposed SIP revision must be adopted by the New Mexico Environmental Improvement Boar-d (EIB) for it to be included as part ofNewMexico's overarching state implementation plan. Ifthe Infrastructure SIP is adopted by the EIB and approved by EPA, it will provide a federally enforceable written confirmation ofhowNewMexico will continue to comply with the section IIO(a)(2) requirements ofthe CAA for the leadNAAQS.

COOKE TESTIMONY- PAGE I 

### NMED EXHIBIT 2

### I 

### 2 3 4
5 

### 6 7 

### 8 

### 9 10 II 

### 12 13 14 15 16 17 18 19 20 21 

### 22 23 24 25 26 27 28 29 30 31 32 33 

### 34 35 36 37 38 39 40 41 42 43 

### II. BACKGROUND 

## A. Lead is a naturally occurring, soft, bluish-gray heavy metal. It

### can be present in outdoor and indoor air. Lead in outdoor air comes mainly from industrial sources (e.g., smelters, waste incinerators, utilities, and lead-acid battery manufacturers). Wind-blown soil and roaddust also may contain naturally occurring lead as well as lead from industrial sources, deteriorated paint, and the combustion ofleadedgasoline and aviation fuel. The inhalation or ingestion ofleadcontaining particles can result in lead poisoning, which has been associated with a numberof shortterm (acute) and long term (chronic) adverse health effects. The EPA promulgated in 1978 the first national ambient air quality standard for lead of 1.5 micrograms percubic meter ([!glm\ This standard was notrevised until 2008, when EPA lowered itto 0.15 [!glm. 3 

### EPA based its revision ofthe standard on scientific evidence about lead and health thathad expanded dramatically since EPA issued the initial standard in 1978. More than 6,000 new studies on lead health effects, environmental effects and lead in the air have been published since 1990. See Exhibit NMED 4 (United States. Environmental Protection Agency. FactSheetFinalRevisions to theNationalAmbientAir Quality Standard forLead. EPA, 2008). Evidence from health studies show that adverse effects from lead exposure occur at much lower levels than previously thought. B. 

### Lead in New Mexico There are currentlyno majorpoint sources oflead in New Mexico and only around 0.5 tons peryear (tpy) oflead emitted statewide from area and point sources combined (basedonthe 2005 National Emission Inventory database). Due to the phasing out since 1975 oflead additives in gasoline, mobile sources are no longer a significant contributorto lead emissions throughoutthe United States. Since the discontinued use oflead in gasoline, the only major contributorto lead emissions in New Mexico was the Asarco lead smelter located nearthe Texas/NewMexico state line in El Paso, Texas. The smelter was officially closed in 2009. III. PROPOSED LEAD INFRASTRUCTURE SIP A state implementation plan identifies how the state will attain and maintain the primary and secondary National Ambient Air Quality Standards (NAAQS)

..A state implementationplan typically contains regulations, source-specificrequirements, non-regulatory items such as plans and inventories, and in some cases additional requirements promulgatedby 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 proposed 

## 1 ead SIP outlines in a matrix format the requirements ofsections !IO(a)(2)(A) through (M) ofthe federal Clean Air Act (CAA) and addresses how New Mexico will implement, maintain and enforce the 2008 leadNAAQS. The Department is not proposing

COOKETESTIMONY· PAGE 2( 

### I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 

## ( 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 

# \. any additional regulations or requirements in conjunction with the proposed Lead Infrastructure SIP. The purpose oftheLead Infrastructure SIP is to provide EPA with a synopsis ofNew Mexico's capabilities to implement, maintain, and enforce the leadNAAQS as outlined under the requirements ofsections IIO(a)(2)(A) through (M) ofthe CAA. Subsequentto the Department's petition in this matter (filed April 15, 2011), the EPA released a June 17, 2011 draft memorandum providing guidance to states on infrastructure SIPs for the 2008 lead NAAQS (ExhibitNMED 5). The proposed infrastructure SIP at Exhibit NMED 3has been.revised to comply with the draft guidance, to the extent possible at this point in the proceeding. The revisions from the proposed SIP contained inthe April 15 petition are shown in redline/strikethrough. The Department is submitting comments to EPA on the draft guidance, and does not necessarily agree that all provisions ofthe guidance accurately reflectthe requirements ofthe Clean Air Act. The draft guidance provides that where a state determines that its existing SIP is adequate to meet infrastructure requirements for a revisedNAAQS, the state may satisfY the requirements ofSection II0 through a certification letter from the governor, after an opportunity for a public hearing. Therefore, a draft letter from Governor Martinez to the EPA is included as Exhibit NMED 8. Ifthe Board approves this SIP revision, the Department will forward the SIP and the hearing record along with the draft letter to Governor Martinez's office for her approval and signature. IV. OUTREACH 

### Outreach was conducted for the proposed Lead Infrastructure SIP in the form ofpublic notices (ExhibitNMED 6) and an open house. TheDepartment only received comments from EPA. Those comments were based mainly on EPA's Draft Infrastructure SIP Guidance released onJune 17, 2011 (NMED Exhibit 3). The Departmenthad no attendance at the open house. The Department also provided notice ofthis hearing to Small Business Regulatory Advisory Commission. (ExhibitNMED 7). The Department does not foresee that the proposed SIP will have an adverse impacton the citizens or businesses ofNew Mexico. The proposed SIP is simply an overview ofwhatthe State ofNew Mexico currently has in its overall State Implementation Plan as relevant to the implementation, maintenance and enforcement ofthe leadNAAQS. As stated above, no additional regulations or requirements are being proposed with the proposed Lead Infrastructure SIP. 

### V. CONCLUSION This concludes my testimony to the Board on our proposed Lead Infrastructure SIP. I respectfully request that the Board adopt this proposed SIP at the conclusion ofthis hearing. A proposed statement ofreasons for adoption and order is attached as ExhibitNMED 9.

COOKE TESTIMONY- PAGE 3

## (



# (

( 

## 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-specificrequirements, non-regulatory items such as plans and inventories, and in some cases additional requirements promulgatedby the U.S. Environmental Protection Agency (EPA). The initial SIPs for states were approved byEPA 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 CFRPart 52 Subpart GG. The enclosed SIP matrix outlines the requirements ofsection 11O(a)(2)(A) through (M) ofthe federal Clean Air Act (CAA) and addresses how New Mexico will implement, maintain and enforce the 2008 lead NAAQS. Legislative authority for New Mexico's air qualityprogram is codified in Chapter 74 (Environmental Improvement) ofthe New Mexico Statutes, which gives the State Environmental ImprovementBoard andthe 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 ofTitle 20 for Air Quality. The regulations codified at 20.2 NMAC are part ofthe approved New Mexico SIP and are cited in 40 CFR § 52.1620(c) unless otherwise stated. Those requirements ofCAA § 11O(a)(2) that are in the approved SIP orrecently 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. Somerequirements, such as intergovernmental consultation, air quality modeling, and compliance with PartD ofTitle I ofthe CAA, are fulfilled during the development and submission to EPA as a SIP revision ofattainment plans.

NMED EXHIBIT 3

## State ofNewMexico 110(a)(2) SIP Requirements for Lead § 110(a)(2) Reguirement Summarv 

### § 110(a)(2)(A) 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 compliance.

§ 11O(a)(2)(B) Provide for establishment and operation ofappropriate devices, methods, systems, and 

### procedures necessary to monitor, compile, and analyze data on ambientair quality, and upon request, make such data available to the Administrator.

Proposed Lead Infrastructure SIP Page 2 of8 New Mexico'sRequirements The New Mexico Environment Department (NMED) has promulgated regulations to implementand enforce theNAAQS and other air quality standards. 

### These regulations include economic incentives. New Mexico's enforceable emission limitations and other control measures are authorized 

### by the Air Quality Control Act and those provisions ofNMAC Title 20-EnvironmentProtection, Chapter 2-Air Quality as listed iR 4Q GF& §;J Sael'l>f! GG, ooa S8llf8B Sjleeifiejlf8\"isiaRS eaaifiea at 4Q GFR §;J Sael'l>f! GG. Theregulations authorized by Chapter 74- 

### Environmental Improvement-- ofthe NewMexico Statutes Annotated (NMSA1978) are duly adopted by the EnvironmentallmprovementBoard. Where these provisions relate to Clean Air Act Section II0 requirements, SIP revisions have been submittedto and approved by EPA. EPA-approved SIP revisions are codified at 40 CFR Part 52, Subpart GG. New Mexico has an EPA-approved air permittingprogram 

### for both major and minor sources, which ensures that all applicable requirements are included in the 

### source's permit. NMED has determined thatno reductions in lead emissions are**re~uired** for maintenance ofthe 2008 leadNAAQS. 

### New Mexico does not exemgtfrom enforcement excess emissions that occur during start-UU::a 

### shutdown, maintenance, or malfunction.**Emi~sions** 

### in excess ofyennit or regylatory limits are yresum:gtively**violations:~** 

### subject to affirmative defenses with the burden gfgroofonthe resgondent. See 20.2.7 NMAC. 

### New Mexico maintains an annual monitoring network for the NAAQS and submits annual monitoring 11Ians to EPA which describe how the 

### State has com:Qiied with monitoring reguirements and ex);!lains any Qrogosed changes.**~lew** Me><iee NMEDpresently does not operate any 

### source-oriented lead monitors iH 

### tile state due to the laek absence of**an;~** 0.5 TPY or larger sources oflead majeF seuFees 

### in the state. Nor does NMED O:Qerate any non-source-oriented lead**monitoring:~** 

### due to the absence of**an;~** CBSA with aJ10J1ulation of50Q,OOO.**(Aibu~uer~ue** is outside ofNMED'sjurisdiction). If 

### monitoring is required for the state in the future, all monitoring data will be measured usingEPA

# ( § IIO(a)(2)(C) Include a programto provide for enforcement the ofmeasures in § IIO(a)(2)(A), and regulation of the modification and construction ofany stationary source within the areas covered by the plan as necessary to assurethatNAAQS are achieved, including a permit program as required in parts C and D. § IIO(a)(2)(D) (i) Contain adequate provisions prohibiting any source orother type ofemissions 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 respectto 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 ofair quality or to protectvisibility. (ii) Insure compliance with the applicable requirements CAA sections § I26 and 115 (interstate and international pollution abatement).

§ IIO(a)(2)(E)(i) Provide: (i) necessary assurances that the state (or, except where the administrator deems Proposed Lead Infrastructure SIP Page 3 of8 approved methods as eitherReference or Equivalent monitors. All monitors will be subjected to the quality assurance requirements of40 CPR Part 58, Appendix A, and located at sites that have met the minimum siting requirements ofPart 58, Appendix E. All data will be submitted to EPA's Air Quality System (AQS) system in accordance with the scheduleprescribed by40 CFRPart 58. NMED has established regulations governingthe enforcement ofcontrol measures, including attainment plans and permitting programs that regulate construction and modification ofstationazy sources. See 20.2.72, 20.2.74 and 20.2.79 NMAC. NMED's Prevention ofSignificant Deterioration (PSD) !lrogram awlies to sources that emit 

### greenhouse gases in accordance with EPA's tailoring rule. 20.2.74.AZ NMAC,

New Mexico currently does not have any lead nonattainment areas nor is the state in close 

### proximity to any other lead nonattainment areas. The closest lead nonattainment

### area to NewMexico is approximately 450 miles away-from the New 

### Mexico state line in northern Texas. New Mexico does not have any major sources of lead in the state. Total point source emissions for lead in New Mexico equals less than 0.5 tons per year (tpy) and less than 0.05 tpy for area source emissions (based on the 2005 National Emission Inventory). Due to the limited amount ofpoint and area source lead emissions in New Mexico and the lack oflead nonattainment areas in NewMexico or within close proximity, NMED has concluded that lead emissions from New Mexico: I)Do not significantly contribute to nonattainmentin or interfere with maintenance for any other state with regards to the lead NAAQS; 2) Do not interfere with the measures required to implement prevention ofsignificant deterioration or for the protectionofvisibility in any other state; and 3) Do not preclude the state from insuring compliance with CAA section§ 126 and I 15. Consistentwith 40 CFR 166(g)(2)(iv), New Mexico's PSD nrogram reguires NMED to notify !lOtentially affected states, tribes, and federal land managers ofits intent to a:Q:Qrove or disai?prove a PSD permit '!llPlication. 20.2.74.400 IC) NMAC. New Mexico Statute § 74-2-5 "Duties and powers; environmental imH:rovement board; local board" gives the New Mexico environmental improvement board authority to develop, implement and enforceinappropriate, the general purpose local governmentor governments, or aregional agency designated by the state or general purpose local governments for such purpose) will have adequate personnel, funding, and authority under state (and, as appropriate, local) law to carry out such implementation plan (and is not prohibitedby any provision of federal or state law from carrying out such implementation plan orportion thereof).

§ llO(a)(2)(E)(ii) (ii) requirements thatthe state comply with the requirements respecting state boards under section 128, and

Proposed Lead Infrastructure SIP Page 4 of8 the SIP. § 74-2-5 provides the board adequate legal authority to adopt emission standards and compliance schedules applicable toregulated entities, and to adoptemission standards and limitations and any 

### other measures necessary for attainment and maintenance ofnational standards. § 74-2-5 also provides the board adequate legal authority to enforceapplicable laws, regulations, standards, and compliance schedules, and seek injunctive relief. In addition,§ 74-2-5.1 provides the departmentlegal authority to enforce applicable 

### laws, regulations, standards, and compliance schedules. Theresources to carry out the implementation plan areprovided through General Funds, PermitFees, and the CAA §§ l03 and lOS grant process. Permit fees are collected under the authority of§ 74-2-7.
No organizations outside ofNMED will nartici11ate in imj1lementing orenforcingthis SIP. New Mexico has adequate personnel to implementthe SIP with respectto leadrequirements. Should EPA determine thatNew Mexico lacks adequate personnel to carry outthe SIP, EPA may issue a finding with respectto 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 lead standard beyondthose which have beenutilized for the preparation oftheplan and plan revisions submitted to EPA and othercurrent programmatic demands.

NewMelliea slate sl-eNMSA 1978 § 74 7 5**~** 74-l-4 ••'!"ires wovides that the stale's Environmental Improvement Board Ia**eam~lj•** y,•ilh lile reEjHiremeats aflhe

### GAA l!fla its assaeialee! sll!flaare!s, Fegulatiaas l!fla slate**im~!emealiag** 

### Eiireetives. contain at least amajoritv ofmembers who re11resent the 11ublic interest and do notderive any significant**~ortion** oftheir income from**~ersons** 

### subject to or who an12ear before the board 

### on issues related to the CleanAir Act orAir QualilY Control Act. Board members are**r~uired** to recuse themselves from rule-makings in which their 

### imgartiality may reasonably be guestioned. 20.1.1.111 NMAC.
In 11roceedings before the De11artment, ai1!1licable reaulationsnrovide for disaualification or

# (

( § IIO(a)(2)(E) (iii) Necessary assurances that, (jill where the state has relied on a local or regional government, agency, or instrumentality for the implementation ofany plan provision, the state has responsibility for ensuring adequate implementation ofsuch plan provision.

§II0(a)(2)(F) Require, as may be prescribed by theAdministrator:

(i) the installation, 

### maintenance, and replacement of equipment, and the implementation ofother necessary steps 

### by owners or operators ofstationary sources to monitor emissions from such sources,

(ii) periodic reports on the nature and amounts ofemissions and emissions-related data from such sources, and

(iii) correlation ofsuch reports by the state agency with any emission limitations or standards established pursuantto this Act, which reports shall be available atreasonable times for public inspection;
§IIO(a)(2)(G) Provide for authority comparable to that in section 303 and adequate contingency plans to implement such authority.

Proposed Lead Infrastructure SIP Page 5 of8 withdrawal ofthe Secretary or Hearing Officerin the event ofa conflict ofinterest or**~ersonal** bias. See 20.1.5.IOO.F (3) NMAC (Adjudications); 20.1.4.100.E 13) !Permits). As aiselissea ifl gfeatef detail ifl the item felatea te 

### § II**Q(aj(~)(S)** abeve, !>lew Me,.iee e\iffefltly Elees fiSt maiffiaiH a**Het\vafl~** feffftBHitefiHg ambieAt lead le•,•els Ellie te the lael< efmajeflead SS\ifees withiA the state. l>lew Me

.. iee seesfiSt fOiy Sfl """ elbef leealities Is implemefll aA]' meflitefiflg Sfploo pFevisieHs. Albuguergue-Bemalillo Coun!Y is authorized to camoutallQortions ofNew Mexico's SIP within Bernalillo Coun!Y. See§ 74-2-4. NMED and the state Environmental lmJ2rovement Board retain oversightauthori!Y in the eventthe local authori!Y fails to act. &74-2-4 IDl. Regulatory requirements have been promulgated in 20.2.72 NMAC- Construction Permits, 20.2.70 NMAC- OperatingPermits, and 20.2.79 NMACPermits-NonattainmentAreas (pertaining to sampling and testing). Requirements in 20.2.7.73 NMAC- Notice of Intent andEmission InventoryRequirements provide for the reporting ofemissions inventories in a format established by NMED on a schedule prescribed by the regulation. New Mexico's enforceable emission limitations and other control measures are addressed in the state's Air Quality Control Act and thoseprovisions of Chapter 2 ofNew Mexico's Administrative Code Title 20. 20.2.5 NMAC- Source Surveillance establishes the general requirements for maintaining records and reporting emissions, including record keeping, data submissions, and public access to emissions data. YpeR a iiREiiflg ll!at**""~'** ewfleF/eJlefa!efis lll!feaseflably affeetiflg ll!e pliblie healtl!, safety Sf welfllfe, Sfthehealth efooimal Sfploot life, Sf J'fSJlefly, ll!el>!ew Me,.iee state slalllte, 

### § 

### ;q 'I IQ**IHIIhefi~es** J>!MEI:l te, aftef a feaseflable attempt Is gi••e fletiee, aeela.e a state sf**emefgefle~·** ooa iss11e withslitheafiflg aA emefgefley speeial SfSefElifeeliflg the evmeF!epe!'atefIs eease Sliel! pellliliefl immeeliately. While there are currently no significant sources of lead 1 the statute is adeguate to constrain any sources oflead**emissions~** as**necess~ 1**  in an emergency situation. UnderNMSA §74-2-10, the secre!l!!Y of the dS/artrnent is authorized to bring suitto immediately restrain anerson causing emissions that oresents an imminent and substantial endangennent§11O(a)(2)(H) Provide for revision ofsuch plan: (i) from time to time as may be necessary to take account of revisions ofsuch national primary or secondary ambient air quality standard or the availability ofimproved ormore expeditious methods ofattaining such standard, and (ii) except as provided in paragraph (3)(C), wheneverthe Administrator finds on thebasis ofinformation availableto 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. §11O(a)(2)(I) In the case ofa plan or plan revision for an area designated as a nonattainment area, meet the applicable requirements of partD (relatingto nonattainment areas);

Proposed Lead Infrastructure SIP Page 6 of8 tothe public health or welfare orto the environment, 

### or to issue orders**necess~** 

### to nrotect 

### the 2ublic health or welfare or the environment and bring suit within 24 hours. Ifthe secreta!Y brings an action within that time, the order is effective for another fom-eigbt hours or for such longer period as may be authorized by the court pending litigation New Mexico adopted an Air Pollution Episode Contingency Plan (8/12/91, 56 FR 38074) that addresses air pollution episodes and the occurrence ofan emergency due to the effects ofthepollutants on thehealth ofpersons. (Approval noted at40 CFR § 52, SubpartGG). This contingencyplan cites the State's legal authori!Y provided to the secrelru:)' of the de!!artment underNMSA § 74-2-10 in the event that there is an emergency enisode. The NewMexico Air Pollution E!!isodes Contingency Plan meets the reguirements of40 CFR 51, SubiJartH (Prevention ofAirPollution**Emer~encv** Eoisodes). New Mexico's SIP is a compilation ofregulations, plans, and submittals thatact to improve and maintain air quality in accordance with national standards. The authority to develop or revise the SIP is based on the authority to adoptnewregulations, revise existingregulations, Sflel eeadtiet

### ln1siaess iH a maRner to meet the NAAQS. !>!""· Me>dee state

- NMSA 1978 § 74-7-5 gives theboard authorityto perform these functions.§ 74-7-5 also provides the board the authority to adopt regulations to abate, control, and prohibitairpollution throughoutNew Mexico in accordance with the provisions ofState Rules Act [Chapter 14, Article4, NMSA 1978]. Nothing in New Mexico's statutory orregulatory authority prohibits the State from revising the SIP in the eventofa revision to the NAAQS.

+he 8!1' re>.•isien**~eftaining** te §!**HlEII)E~lE9l(il** addresses therequifements**ef~aFI** 9 fer HBHattaiamest at=eas. ,•,rnendments te tl!ese req11irernents te fulfill resent feaem! Fequifernents were Sl!brnittea te ePA in**8e~tember ~QQ?.**  SIPs IIRBer !'aFt 9**ee~ly** wit!! all**~~!ieab!e** req11ifements fer eaehnenattainmentarea under CAA 8eetiens ! !Q, !**+~Eel,** !+SA ana slibpaFI**~** te !'aft9. Compliance underthe lead standard will be evaluated with submitted SIPrevisions for any future nonattainment areas. SIP revisions related to nonattainment areas will comply with SubpartD requirements, as aoolicable. The currently approved

# ( §II0(a)(2)(J) Meetthe applicable requirements of§ 121 (relating to consultation), section 127 (relatingto public notification), and Part C (relating to prevention ofsignificant deterioration ofair quality and visibility protection);

§IIO(a)(2)(K) Provide for: (i) theperformance ofsuch air qualitymodeling as the Administratormay prescribe for thepurpose ofpredictingthe effecton ambient air quality of any emissions ofany air pollutant for which the Administrator has established a national ambient air quality standard, and

(ii) the submission, upon request, ofdatarelated to such air quality modeling to the Administrator; §IIO(a)(2)(L) Require the owner or operator ofeach major stationary source to pay to the permitting authority, as a condition ofany permitrequired underthis Act, a fee sufficient to cover-

(i) the reasonable costs of reviewing and acting upon any application for such a permit, Proposed Lead Infrastructure SIP Page 7 of8 nonattainment area SIP provisions listed in 40 CFR § 3;!.16<0 52, Subpart GG also meet SubpartD requirements. All SIP revisions undergo public notice and hearing, which provides for commentbythe public, including localpolitical subdivisions. See 20.1.1 NMAC. Air quality data from New Mexico's monitoring network is published in real time onNMED's website. Additionally, as part ofthe 105 grant process NewMexico is required to submit monitoring datato the AirQuality System (AQS) in atimely manner. The website also contains information on the air guality index 1 and on ways the 

### gublic can :gartici:Qate in regulatory and glanning efforts. New Mexico has adopted 20.2.74 NMACPrevention of SignificantDeterioration following the requirements outlined in40 CFR 52 under section 161 ofthe CAA(42 U.S.C.A. § 7471) forprevention ofsignificant deterioration. These provisions were approved by EPA as part ofthe SIP. 20.2.74NMAC includes procedures for protection of visibility in Class I areas. NewMexico iRteHBs te st::t'Bmit submitted 

### its Regional Haze SIP to EPA in June. 2011. This submittal will provide further visibility protection and improvements to federal Class I areas. NewMexico has developedAirDispersion Modeling Guidelines that follow EPA guidelines for air dispersion modeling. TheNew Mexico Air Dispersion ModelingGuidelines also include internal policy language. The Air Quali!Y Bureauwithin NMED contains a modeling section with four gualifiedmodelers, two withPh.D's. Upon reguest, NMED will submit current and future datarelating to modelingto EPA.

The fee requirements of20.2.71 NMAC

- Operating PermitEmission Fees and 20.2.75 NMACConstruction PermitFees were approved 

### by EPA as meeting the CAA requirements and were incorporated intoNew Mexico's SIP (11/25/97, 62 FR 50514). New Mexico's Title V operating permit program (20.2.70 NMAC) was approved by EPA in 1997 (I 1/25/97, 62 FR 50514).and (ii) ifthe owneror operator receives a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions ofany such permit (notincluding any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources 

### by the AdministratOT1S approval ofa fee program under title V; § 110(a)(2)(M) Provide for consultation and participation by local political subdivisions affected by the plan.

Proposed Lead Infrastructure SIP Page 8 of8 New Mexico state statute§ 74-2-5.2 "State air pollution control agency; specific duties and powers ofthe department," requires advising; consulting; contracting with and cooperating with local authorities, other states, the federal government and other interested persons orgroups in regard to matters ofcommon interestin the field ofair quality control; and initiation ofcooperative action between a local authority and the department, between one local authority and another or among any combination oflocal authorities and the department for control ofair pollution in areas havingrelated air pollution problems that overlap the boundaries of political subdivisions; and entering into agreements and compacts 

### with adjoining states and Indian tribes, where appropriate. The State's publicparticipation requirements and procedures fulfill the requirements for consultation with local political subdivisions affected bythe SIP.

i \

# ( FACT SHEET FINAL REVISIONS TO THE NATIONAL AMBIENT AIR QUALITY STANDARDS FORLEAD

SUMMARY OF ACTION

• On October 15,2008, EPA substantially strengthened the national ambient air quality standards (NAAQS) for lead. The revised standards are I0 times tighterthan the previous standards and will improve health protection for at-risk groups, especially children.

• EPA has revised the level ofthe primary (health-based) standard from 1.5 micrograms percubic meter (J.iglm\ to 0.15 J.lg/m3

, 

### measured as total suspended particles (TSP). EPA has revised the secondary (welfare-based) standard to be identical in all respects to the primary standard.

• Scientific evidence about lead and health has expanded dramatically since EPA issued the initial standard of 1.5 J.lg/m3

### in 1978. More than 6,000 new studies on lead health effects, environmental effects and lead in the air have been published since 1990. Evidence from health studies shows that adverse effects occur atmuch lower levels oflead in blood than previously thought.

• Children are particularly vulnerable to the effects oflead. Exposuresto low levels oflead early in life have been linked to effects on IQ, learning, memory, and behavior. There is no known safe level oflead in the body.

• EPA estimates thatthe revised standards will yield health benefits valued between $3.7 billion and $6.9 billion. The benefits reflect an expected increase in lifetime earnings as a result ofavoiding IQ loss. The agency estimates costs ofimplementing the standards at approximately $150 million to $2.8 billion.

• In conjunction with strengtheningthe lead NAAQS, EPA is improving the existing lead monitoring network by requiring monitors to be placed in areas with sources such as industrial facilities that emit one ton ormore per year (tpy) oflead and in urban areas with more than 500,000 people.

• Also as part ofthis notice, EPA describes the approach for implementingthe revised standards and provides an implementation timeline.



### REVISIONS TO THE STANDARDS Primary (Health) Standard



### NMED EXHIBIT 4

### • Based on a review ofthe full body ofevidence, EPA has determined thatthe 1978 standard of 1.5J.1glm3 

### is not sufficientto protect public health with an adequate margin of safety.

• The Agency is revising the level ofthe standard to 0.15 [!g/m3 

### to provide increased protection for at-risk populations against a variety ofadverse health effects, most notably effects on the developing nervous system.

• Like the 1978 standard, the new standard will be measured as the concentration oflead in TSP, reflecting evidence that lead particles ofall sizes pose potential health risks. 

### Secondary (Welfare) Standard • To provide increasedprotection against lead-related welfare effects, EPA is revising the current secondary standard to be identical to the proposed primary standard.

• A significant number ofnew studies have been conducted since 1978 that associate lead pollution with adverse effects on organisms and ecosystems. However, there was not enough evidence linking various effects to specific levels oflead in the air for EPA to select a different level for the secondary lead standard atthis time.

DETERMINING COMPLIANCE WITHTHE STANDARDS

• EPA has revised the averaging time and form ofthe lead NAAQS. These are the air quality statistics that are compared to the level ofthe standards to determine whether an area meets or violates the standards.

• EPA changed the calculation method for the averaging time to use to 'rolling' threemonth period with a maximum (not-to-be-exceeded) form, evaluated overa three-year period. This replaces the current approach ofusing calendar quarters. A rolling threemonth average considers each ofthe 12 three-month periods associated with a given year, notjustthe four calendar quarters within thatyear.

LEAD AIR QUALITY MONITORING

• EPA is redesigning the lead monitoring networkto assess compliance with the revised the lead standards. • EPA will require state and local monitoring agencies to conduct monitoring taking into accountlead sources thatare expected to, orhave been shown to, exceed the standards. At a minimum, monitors must be placed in areas with sources oflead emissions greater than or equal to one ton or more per year, to measure the maximum concentration.

2

## (



# (

( • EPA also will require a monitorto be operated in each ofthe 101 urban areas with populations greaterthan 500,000 to gather information on the general population's exposure to lead in air and ensure protection against sources ofairborne dust containing lead.

• EPA Regional Administrators may waive the source-oriented monitoring requirements if the monitoring agency can demonstrate that emissions from the source wiJI not contribute to maximum air lead concentrations greater than 50 percent ofthe revised standard, or 0.075 ug/m3• 

# •

• EPA estimates that 236 new or relocated monitoring sites will be necessaryto satisfy these monitoring requirements. Approximately halfofaJI newly required monitors are to be operational by January I, 2010, with the other halfofthe monitors operational by January I, 2011. In addition, some existing lead monitors wiJI be left in place and wiJI continue to be used as part ofthe lead monitoring network.
EPA is requiring lead to be monitored as lead in total suspended particles (TSP). The Agency wiJI aJlow the use oflead-PM10 monitors instead oflead-TSP monitors under certain limited circumstances: where lead is not expected to occur as large (ultra-coarse) particles; and where three-month average lead concentrations are not expected to be greater than or equal to 0.10**~g/m •** 
o Ifa lead-PM1o monitor measures three-month average levels greater than or equal to O.IO

### ~g/m**,** then that monitoring agency must instaJI and operate a lead-TSP monitor within six months o Lead- PM10 measurements greater than the NAAQS are considered to be in violation ofthe standards.



### IMPLEMENTING THE STANDARDS

• In this notice, the Agency is describing its approach for implementingthe revised lead standards.

• For counties with violating monitors, EPA wiJI use the county boundary as the expected boundary for nonattainment areas. The Agency wiJI consider adjustments to that boundary on a case-by-case basis.

• EPA is not establishing classifications for nonattainment areas based on the severity of lead violations.

• The Agency wiJI retain the I978 lead NAAQS until one year after designations for the new standards, except in current nonattainment areas. In those areas, EPA wiJI retain the I978

3

### standard until the area submits, and EPA approves, attainment and/or maintenance demonstrations for the new standards. This will ensure continuouspublic health protection. Estimated TimelineforImplementingRevisedStandards • States are required to make recommendations for areas to be designated attainment, nonattainment, or unclassifiable by October 2009. Iftribes choose to submit recommendations, they must also provide them to EPA by October 2009. • Final designations ofall attainment, nonattainment and unclassifiable areas will be effective no laterthan January 2012. However, EPA intends to complete initial designations as soon aspossible where data are sufficient from existing monitoring network. • States are required to submit State Implementation Plans outlining how they will reduce pollution to meetthe standards no later than June 2013. • States are required to meetthe standards no later than January 2017.



### LEAD AND PUBLIC HEALTH

• Lead that is emitted into the air can be inhaled or, after it settles out ofthe air, can be ingested. Ingestion oflead that has settled onto surfaces is the main route ofhuman exposure to lead originally released into the air.

• Once in the body, lead is rapidly absorbed into the bloodstream and results in a broad range ofhealth effects.

• Children are most vulnerable to the damaging effects oflead because they are more likely to ingest lead due to hand-to-mouth activity and their bodies are developing rapidly.

• No safe level oflead in the blood has been identified.

• Effects in children include: • Effects on the developing nervous system including the brain. This can lead to IQ loss, poor academic achievement, permanent learning disabilities, and delinquent behavior. The effects can generally persist into early adulthood and can affect lifetime education and achievement. • Damageto red blood cells • Weakened immune system • Effects in adults include: • Increased blood pressure • Cardiovascular disease • Decreased kidney function

4 (

# ( HEALTH BENEFITS AND COSTS

• The Clean Air Act prohibits EPA from considering costs in setting orrevising National Ambient Air Quality Standards. To inform the public, the Agency analyzes the benefits and costs ofmeetingthe standards as required by Executive Order 12866 and guidance from the White House Office ofManagement and Budget.

• To estimate the costs ofmeeting the final NAAQS, EPA analyzed the cost ofusing both existing controls and controls that may be developed in the future for reducing lead from industrial sources.

• EPA estimates that at full implementation ofthe final lead NAAQS in 20!6, the costs in that year will be approximately $150 million to $2.8 billion.

• To estimate the benefits ofmeeting the revised lead standards, EPA used peer-reviewed studies ofhealth and welfare effects, and peer-reviewed studies ofthe dollar values ofpublic health improvements.

• EPA calculated the benefits ofavoiding IQ loss for children under age seven that would result from a revised lead NAAQS. Because expected lifetime earnings are related to IQ, we describe benefits as an expected increase in lifetime earnings atfull implementation ofthe NAAQS in 2016. The estimate also includes co-benefits associated with other health improvements expected to occur as a result offine particulate matter reductions resulting from controls applied to reduce lead levels. EPA estimates the revised standards will yield benefits between $3.8 billion to $6.9 billion.

BACKGROUND

• The Clean Air Actrequires EPA to set national ambient air quality standards (NAAQS) for "criteriapollutants," which include lead, ozone, nitrogen oxides, carbon monoxide, sulfur oxides, and particulate matter. The law also requires EPA to periodically review the standards and revise them ifappropriate to ensurethatthey provide the requisite amount ofhealth and environmental protection.

• Jn response to a case filed by the Missouri Coalition for the Environment, the U.S. District Court for the Eastern District ofMissouri in September 2005 ordered EPA to complete the lead NAAQS review by Sept. I, 2008. The court agreed on April 29, 2008 to extend the deadline for signature ofthe final rule until Sept. 15, 2008. The court agreed on July 1, 2008 to further extend the signature deadline until October 15,2008.

• Lead is a metal found naturally in the environment and present in some manufactured products. The major sources oflead air emissions have historically been motor vehicles (such as cars and trucks) and industrial sources. Motor vehicle emissions have been dramatically reduced with the phase-out ofleaded gasoline, but lead is still used as an


### 5

### additive in general aviation gasoline used in piston-engine aircraft and remains atrace contaminant in other fuels.

• Larger industrial sources oflead emissions currently include metals processing, particularly primary and secondary lead smelters. Lead is also emitted from industries such as: iron and steel foundries; primary and secondary copper smelting; industrial, commercial, and institutional boilers; waste incinerators; glass manufacturing; and cement manufacturing.

• Only two areas, the EastHelena, Mont., area (including Lewis and Clark County), and Herculaneum, Mo. (in Jefferson County) are designated nonattainment for the current national ambient air quality standards for lead. The industrial facility contributing to the lead problem in the East Helera area closed in 200I.

• The United States has made tremendous progress in reducing lead concentrations in the outdoor air. Nationwide, average concentrations oflead in the air have dropped nearly 94 percent between I980 and 2007. Much ofthis dramatic improvementoccurred as aresult ofthe permanentphaseoutoflead in gasoline. However, lead continues to be emitted into the air from many different types ofstationary and piston engine aircraft.

• In addition to dramatically decreased airborne lead concentrations, another indicator of progress in the reduction ofairborne lead in the environment is the drop in children's blood lead levels over time. Since the late I970s, average blood lead concentration for children aged I to 5 have dropped significantly, from about 15 micrograms per deciliter (J.lgldL) to less than 2 J.lg/dL. However, new studies show that health effects occur even atvery low blood lead levels.



### FOR MORE INFORMATION

• To download a copy ofthe final rule, go to EPA's Web site at: http:IIepa.govIairIIeadlactions.html

• For more information about lead in the air, go to EPA's Web site at: http:llepa.govlairlleadl

6 

### (

## ( Draft as 

### of6/17/11



### MEMORANDUM SUBJECT: Guidance on SIP Elements Required Under Sections 1 1O(a)(l) and (2) for the 2008 Lead.(Pb) National Ambient Air Quality Standards (NAAQS) FROM: Scott Mathias Interim Director, OAQPS TO: Regional Air Division Directors, Regions 1

- I0 This guidance addresses the "infrastructure" elements for 

### State hnplemcntation Plans (SIPs) to meet the requirements ofsections IIO(a)(I) and II0(a)(2) ofthe Clean Air Act (CAA) for the 2008 Pb NAAQS (see 73 FR 66964). http://69.175.53.6/register/2008/nov/12/E8- 25654.pdf. On October 15, 2008, EPA revised the primary and secondary Pb NAAQS from 1.5 micrograms per cubic meter (f!g/m3) 

### to 0.15 J.lg/m3• 

### Pursuant to sections IIO(a)(l) and IIO(a)(2) ofthe CAA, each State is required to submit a plan to provide for the implementation, maintenance, and enforcement ofa newlypromulgated or revised NAAQS.
The CAA directs states to address basic SIP requirements (see Attachment A), to ensure attainment and maintenance ofthe NAAQS. The CAA provides that states are to submit SIPs addressing the requirements ofsections IIO(a)(l) and IIO(a)(2) within 3 years ofpromulgation ofa new or revised standard.' EPA recognizes that many ofthe required section IIO(a)(2) elements relate to the general information and authorities that constitute the infrastructure ofa State's air quality management program- elements that have been in place since the initial SIPs were submitted in response tothe Clean Air Act of 1970 and some required element mayhave been adopted to satisfy the infrastructure SIP requirements for the 1997 PM 2.5, 1997 8-hour ozone, and 2006 PM 2.5 NAAQS. It

### is the responsibility ofeach State to review its air quality management program's infrastructure SIP provisions in light ofeach new or revised NAAQS.

1

### Although the effective date ofthe Federal Register notice for the final rule was January 12, 2009, the rule was signed bythe Administrator and publicly disseminated on October 15, 2008. Therefore, the deadline for submittal ofinfrastructure SIPs for the 2008 Pb NAAQS is October 15, 2011. http://www.epa.gov/oagpsOOI/lead/fr/20081112.pdf

1



### NMED EXHIBIT 5

### Draft as of 6/17/11



### Determining Completeness ofState Submittals
Pursuant to section IIO(a)(l}, States will have to review and revise, as appropriate, their existing Pb NAAQS SIPs to ensure that the SIPs are adequate to address the 2008 Pb NAAQS. States should, in consultation with EPA Regional Offices, refer to applicable EPA regulations governing SIP submittals per 40 CFR Part 51. http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ccfr&tpl=/ecfrbrowse/Title40/40cfr51 main 02.tpl These regulations include, but are not limited to: Subpart 1- 

### Review ofNew Sources and Modifications Subpart

### J- Ambient Air Quality Surveillance Subpat1 K- Source Surveillance Subpart L- Legal Authority Subpart M- Intergovernmental Consultation Subpart 

### 0- Miscellaneous Plan Content Requirements Subpart P- Protection ofVisibility Subpat1 Q- Reports.
Ifa State determines that its existing SIP is adequate, then the State's SIP submittal may ( be a certification that the existing SIP contains provisions addressing all requirements ofthe section IIO(a)(2) infrastructure elements as applicable for the 2008 Pb NAAQS. Such certification 

### (e.g, in the ltmn ofa lctler to EPA !i·om the Governor or her/his designee) should cite the applicable provisions in the existing SIP. As for all SIP submittals, section IT 0(1) directs the state to provide rcnsonnble public notice and opportunity for public hearing on a certification letter prior to submission to EPA.
Section II O(a)(2) specilics the elements and sub-elements that are required In order for EPA to determine that an infrastructure SIP submittal is complete. Specifically, each State should include documentation demonstrating a correlation between each infi·astructure element and an equivalent State statutory or regulatory authority in the existing or submitted SIP. At a minimum, a complete submittal is a letter from an appropriate State official (e.g., 

### Governor or designee) certifying compliance with each element which has gone through state notice and hearing procedures. Furthermore, the State should provide a specific description ofhow compliance with each element is achieved. Submittals lacking a detailed explanation for how the State's SIP meets each applicable requirement ofsection IIO(a)(2) 

### should be found incomplete and a letter should be sent to the state notifying it ofthe finding ofincompleteness. EPA's criteria for determining the completeness ofa SIP submittal are set out in EPA's regulations at 40 CFR Part 51, 

### Appendix V. http://ecfr.gpoaccess.gov/cgi/t/text/text2

# ( Draft as of6/17/11

idx?c=ecti·&sid=efccd778ba0879113d39b8894d179d4a&rgn=div9&view=text&node=40:2.0.1.1 .2.22.1 1.14.36&idno=40

EPA has determined that the elements and sub-elements ofsection 110(a)(2) with respect to the 2008 Pb NAAQS are, for the most part, severable.2 

### For example:

• SIP submittals that address some but not all elements or sub-elements of section IIO(a)(2) 

### should be found incomplete for the unaddressed elements or subelements. • IfEPA makes a finding offailure to submit a SIP, that finding will onlyapplyto the elements or sub-elements that were not addressed by the state's SIP revision. In 

### order for EPA to make a determination as to whether a subsequent SIP submittal is complete, the state only be required to submit those elements that were earlier found not to have been submitted. • A State's obligation to make a SIP submittal that addresses one or more inti·astructure SIP elements cannot be fulfilled through a letter from the State that merely promises a future submittal. A finding that a SIP submittal is complete docs not necessnrily mean that the submittal is approvable, because the complclcncss review only addresses whether the State has provided information sutlicient to warrant formal EPAreview for approvability. Section IIO(k) directs EPA to take final action on a SIP submittal within I year after the SIP is determined to be complete. IfEPA makes an allirmative finding thnt a SIP submittal is complete, the date ofthe finding cstahlishes the**"~omplctencss** 

### date" l(wlhc submittal; ifEPA makes no tinding, the submittal is deemed completc, by operation oflaw, on the date 6 months aller the submittal date. Actions on a SIP submittal may include approval (full, partial, or conditional) and disapproval (full or partial).
The obligations ofEPA to promulgate a Federal implementation Plan (FJP) are set out in section IIO(c) ofthe CAA. EPA's obligation to promulgate a FIP for a state is triggered ifEPA takes any ofthe following actions associated with the required SIP: I) EPA makes a finding that a State has failed to make a SIP submittal; 2) EPA makes a finding that a state has made an incomplete submittal; or 3) EPA disapproves a SIP submittal. IfEPA takes one ofthese actions, Section IIO(c) directs EPA to take fm1her action within 2 years, under what is commonly

2 

### Please see Attachment A for clarification of"severable" versus "non-severable" infrastructure elements. 3

### Draft as of 6/17/11



### referred to as the "FIP clock. In order to remove EPA from the FIP obligation, a state SIP submittal must meetthe applicable requirements and be approved by EPA.
For Further Information
Ifyou have anyquestions concerning this guidance, please contact Mia South by telephone at (919) 541-5550 or byemail at south.mia@epa.gov. Please ensure thatthe appropriate air agency officials for states in your Region are mndc aware ofthis guidanc.e.
Attachments

cc:

4

# ( Draft as 

### of6/17/11



### Attachment A: Required Section 110 Infrastructure SIP Elements
The Clean Air Act (CAA) directs states to address basic State Implementation Plan (SIP) requirements to implement, maintain and enforce the standards. Under CAA sections, By law, sections IlO(a)(l) and IIO(a)(2) states are to submit these SIPs within 3 years after promulgation ofa new or revised standard. Many ofthe section IIO(a)(2) SIP elements relate to the general information and authorities that constitute the "infrastructure" ofa state's air quality management program, and these have been in place sincethe initial SIPs were submitted in·
response to the 1970 CAA. It 

### is the responsibility ofeach state to review its air quality management program's infrastructure SIP provisions in light ofeach new or revised NAAQS.
States should review and revise, as appropriate, their existing SIPs to ensure that they are adequate to address the 2008 NAAQS. States should, in consultation with EPA Regional Offices, follow applicable EPA regulations governing SIP submittals in 40 CFR Part 51 -e.g., Subpart I ("Review ofNew Sources and Modifications"), Subpmt 

### J (Ambient Air Quality Surveillance), Subpart K(Source Surveillance), Subpart L (Legal Authority), Subpart M ("Intergovernmental Consultation"), Subpart 0 

### (Miscellaneous Plan Content Requirements), SubpartP ("Protection of Visibility"), and Subpart Q (''Repo1ts").

For many infrastructure SIP elements, a SIP submittal should referto and include citations to relevant state regulations. See, 

### e.g., our guidance below regarding elements (F), (H), (J), 

### and (M). For EPA's general criteria for SIP submittals, refer to 40 CFR Part 51, Appendix V, "Criteria for Determiningthe Completeness ofPlan Submissions." http://cfr.vlex.com/vid/51- criteria-determining-completeness-19784745. For example, in accordance with Appendix V, 5

### Draft as 

### of6/17/11



### paragraph 2.1 (d), a SIP submittal would include a copy ofthe actual regulation that the state is submitting for approval and incorporation by reference into its SIP.

Pursuant to section IIO(a), states must provide reasonable notice and opportunity for public hearing for all infrastructure SIP submittals. Pursuant to EPA's regulations at 40 CFR Part 51, a SIP submittal will include a certification bythe state that the public hearing was held in accordance with EPA's procedural requirements for public hearings. See paragraph 2.l(g) of Appendix V to Part 51 and 40 CFR 51.102. http://cf"r.vlex.com/vid/5_1-I02-public-hearings19784894.

Ifa state believes that its existing approved infrastructure SIP is adequate, then the state's SIP submission may be a certification that the existing SIP contains provisions addressing all requirements ofthe section II O(a)(2) infrastructure elements as applicable for the 2008 Pb NAAQS. Such certification (e.g., in the form ofa letterto EPA from the Governor or her/his designee) should cite the applicable provisions in the existing SIP and provide a specific description ofhow compliance with each element is achieved.

Section IIO(a)(2) ofthe CAA directs all states to develop and maintain an air quality management infrastructure that includes enforceable emission limitations, an ambient monitoring
program, an enforcement program, air quality modeling capabilities, and adequate personnel,
resources, and legal authority. Section IIO(a)(2)(D) also directs SIPs to prevent emissions from within the state that contribute significantly to nonattainment in any other state, or that interfere with maintenance in any other state, or that interfere with programs underpart C ofthe CAAto prevent significant deterioration ofairq).lality or to protect visibility in any other state.

6

# ( Draft as of6/17/11

Two elements identified in section IIO(a)(2) are not governed bythe 3-year submission deadline ofsection l!O(a)(l). The elements pertain to part

### D, in title I ofthe CAA, which addresses plan requirements for nonattainment areas. Therefore, the following section l!O(a)(2) elements are considered by EPA to be outside the scope ofinfrastructure SIP actions: (I) 

### section ll0(a)(2)(C) to the extent it refers to permit programs (known as "nonattainment new

source review") under part D; 

### and (2) section l!O(a)(2)(1) in its entirety. EPA does not expect infrastructure SIP submittals to include regulations or emission limits developed specificallyfor attainingthe relevant standard. Those submittals are due atthe time the nonattainment area planning elements are due (18 months following designation). Except as described above, subsections (A) through (M) ofsection IIO(a)(2) set forth the infrastructure elements that a SIP should address, in orderto be approved by EPA. The elements are presented below in context ofthe 2008 Pb NAAQS.
Section 110(a)(2)(A): Emission limits and other control measures



### "Each suchplanshall[

. .} include enforceable emission limitations andother control measures, means, or techniques (including economic incentives such asfees, marketable permits, andauctions of emissions rights), as well as schedules andtimetables for compliance, as may be necessaryor appropriate to meet the applicable requirements of this chapter. "



### EPA would not expect infrastructure SIP submission to identify nonattainment emission controls. Emissions limitations and other control measures to attain the 2008 NAAQS in areas designated nonattainment for the 2008 Pb NAAQS are due on a different

7

### Draft as of 6/17/11



### schedule from the section II0 infrastructure elements and will be reviewed and acted upon through a separate process. However, the infrastructure SIP submission should include

a listor table referencing all Pb emission reduction measures adopted and relied on by the
state to meet other CAArequirements, such as maintenance ofthe 2008 NAAQS. SIP submittals such as for the 2008 Pb NAAQS should be consistent with EPA's longstanding policy on SSM and director's discretion, which policy is briefly summarized

as follows 3 

### See page 25652 http:/169.175.53.6/register/20II /may/05/2011-10995.pdf. Because excess emissions might aggravate air quality so as to prevent attainment and maintenance ofthe NAAQS and compliance with other CAA requirements, EPA views all periods ofexcess emissions as violations ofthe applicable emission limitation. Therefore, an approvable SIP submittal cannot exempt from enforcement excess emissions that may occur at a facility during a period ofstartup or shutdown. Further, an approvable SlP submittal cannot automatically exempt from enforcement excess emissions claimed to result from an equipment malfunction. In addition, an approvable SIP submittal cannot allow a state air director the discretion to determine whether an instance ofexcess emissions is a violation ofan emission limitation, because such a determination could bar EPA and citizens from enforcing applicable requirements.

Section 110(a)(2)(B): Ambient air quality monitoring/data system

3 For further description of EPA's policy on SSM and director's discretion, see, e.g., a memorandum dated September 20, 1999, entitled, "State Implementation Plans: Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown/' from Steven A. Herman, Assistant Administrator for Enforcement and Compliance Assurance, and Robert Perciasepe, Assistant Administrator for Air and Radiation. 8 

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### "Each suchplan shall[

. .]provide for establishmentandoperation of appropriate devices, methods, systems, andprocedures necessaryto (i) monitor, compile, andanalyze data on ambientair quality, and (ii) upon request, make such data available to theAdministrator. "

To meet section 110(a)(2)(B) requirements for this NAAQS, the state's SIP monitoring system should:

• Monitor air quality for Pb at appropriate locations throughout the state using EPA approved Federal Reference Method or equivalent monitors. States would need to install

new Pb monitors in accordance with recent revisions to the Pb monitoring network requirements. See the Lead Ambient AirMonitoring Requirements, December 14,2010 http://origin.www.gpo.gov/fdsys/pkg/FR-20I0-12-27/pdl/2010-32153.pdf#page=l. Submit data to EPA's Air Quality System (AQS) in a timely manner. AQ data reporting 51.320, http://cli·.vlcx.com/viu/51 -320-annual-air-guality-data-repOii-19785104

• Submit approvable annual monitoring plans to EPA that describe how the state has complied with monitoring requirements and explain any proposed changes to the network.

• Provide the EPA Regional Office prior notification ofany planned changes to monitoring sites or to the network plan. Section 110(a)(2)(Q: Programs for enforcement. PSD, and NSR "Each such plan shall [

...] include aprogram to provide for the enforcement ofthe measures described in subparagraph (A), and regulation ofthe modification and construction ofany stationary source within the areas covered by the plan as necessaryto assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D ofthis subchapter."

9

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### The Prevention ofSignificant Deterioration (PSD) and nonattainmentNew Source Review (NNSR) programs contained in parts C and D ofTitle I ofthe CAA, and collectively referred to as the majorNew Source Review (NSR) program, govern preconstruction review and permitting ofany new or modified major stationary sources ofair pollutants regulated under the CAA as well as any precursors to the formation ofthat pollutant when identified for regulation bythe Administrator.4 

### The EPA rules addressingthese programs can be found generally at 40 CFR 51.166 and 52.21 (for PSD), and 51.165, 52.24, and Part 51, Appendix S (for NNSR). http://cfr.vlcx.com/vid/51-166-prcvention-signilicnnt-dcterioration-19784998, http://cti·.vlex.com/vid/124-41-definitions-applicablc-rsd-permits-19811787, http://cfr.vlex.com/vid/51-165-permil-rccLllirements-19784994 http

### :1lwww.federaIreg ister.govI articles/2007/03/08/E7-3 8 88/nonuttainment-new-source-reviewTo meet section IIO(a)(2)(C) requirements for this NAAQS, the SIP submitted should:

• Reference relevant state and federal regulations that provide for enforcement ofPb emission limits and control measures.

• Identify the various state regulations that govern permitting ofnew and modified stationary sources (minor and major) ofPb in the state.

• Revise its PSD program regulations to address any applicable EPA amendments to Pb PSD rules within 3 years from the date ofsuch amendments.

4 The terms "major" and "minor" categorize a stationary source, for NSR applicability purposes, in terms of an annual emissions rate (tons per year, tpy) for a pollutant. Generally, a minor source is any source that is not "major." 1'Major" is defined in the applicable NSR regulations-PSD or nonattainment NSR.



### 10Draft as 

### of 6/17/11



### For areas subject to a state's SIP-approved PSD program, the state should demonstrate that it is authorized to implement its existing PSD permit program to ensure that the construction and modification ofmajor stationary sources does not cause or contribute to a violation ofthe Pb NAAQS. For areas subject to a state's SIP-approved PSD program, the state should demonstrate that it is authorized to implement its existing PSD permitprogram to ensure that the construction and modification ofmajor stationary sources does not cause or contribute to a violation ofPb NAAQS. The state's PSD program should ensure that new or modified sources will apply the Best Available Control Technology to reduce Pb emissions in accordance with CAA sections 165 (a)(3) and (4).

The state's PSDprogram should apply to sources that emit greenhouse gases (GHG) in accordance with EPA's Tailoring Rule.5 

### Among other things, the state's PSD program must either: (i) 

### limit PSD applicability to GHG-emitting sources by adopting the applicability thresholds included in the Tailoring Rule; or (ii) adopt lower GHGthresholds and show that the
state has adequate personnel and funding to administer and implement those lower thresholds. Otherwise, the state is directed to remove from EPA's consideration for approval thatportion of the SIP (or SIP submission) for which EPArescinded ourprevious approval ofthe PSD program

5 Prevention ofSignificant Deterioration and Title V Greenhouse Gas Tailoring Rule; Final Rule. 75 FR 31514 (June 3, 2010). 11Draft as of 

### 6/17/11



### (in a rulemaking referred to as the "GHG PSD SIP NarrowingRule").6 

### To request such removal,

a state may choose to follow the example ofthe letter request submitted by South Carolina. 7



### Ifa state lacks a SIP-approved PSD program, it is subject to a federal implementation plan (FIP), and major stationary sources within itsjurisdiction are subject to the federal PSD requirements in 40 CFR 52.21. Some states are subject to a FIP for PSD permitting ofall regulated NSR pollutants, and fewer states are subject to a FIP for PSD permittingthat is limited
to GHG. Note that a state subject to a FIP for PSD permitting, whether applicable to all regulated NSR pollutants or limited to GHG, remains obligated to adopt and submit a PSD
program for EPA approval that applies to all regulated NSR pollutants, including GHG. Until a
state provides such a program, its SIP would not be approvable with respect to section IIO(a)(2)(C).
MinorNSR programs are subjecttothe statutory requirements in section IIO(a)(2)(C) of the CAA which requires "

...regulation ofthe modification and construction ofany stationary

source ...as necessaryto assure that the [NAAQS] are achieved." These programs should be established in each state within 3 years ofthe promulgation ofa new or revised NAAQS.

EPA has not proposed to amend the PSD regulations with regard to the Pb NAAQS. EPA is planningto issue Pb modeling guidance to supplement the guidance contained in EPA's Guideline on Air Quality Models (40 CFR Part 51 Appendix S), which will assist states and prospective sources in carrying out the analyses necessaryto satisfythe PSD requirements for Pb.

6 Limitation ofApproval of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas-Emitting Sources in State Implementation Plans; Final Rule, 7S FR 82536 (December 30, 2010).

7 South Carolina's letter request can be found at http://www.regulations.gov. at EPA-R04-0AR-2010-0721-0006. 

### 12

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( Draft as of6/17/11



### Section 110{a){2){D)(i): Interstate transport provisions 

### "Each suchplan shall[.

..] contain adequateprovisions: prohibiting, consistent with theprovisions of this subchapter, any source or other type of emissions activity within the statefrom emittingany airpollutant in amounts which willcontribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such nationalprimary orsecondary ambient air quality standard, or interfere with measures required to be included in the applicable implementationplan for anyotherstate underpart C of this subchapter toprevent significant deterioration of air quality toprotect visibility. "

Section IIO(a)(2)(D)(i) provides for SIPs to include provisions prohibiting any source or other type ofemissions activity in one state from contributing significantlyto nonattainment, or interfering with maintenance, ofthe NAAQS in another state. (The preceding requirements, from subsection (2)(D)(i)(I), respectively refer to what may be called prongs I and 2.) Further, this section directs SIPs to include provisions prohibiting any source or other type ofemissions activity in one state 

### ti·01n interfering with measures required to prevent significant deterioration ofair quality, or from interfering with measures required to protect visibility (i.e., 

### measures to address regional haze) in any state. (The preceding requirements, from subsection (2)(D)(i)(II), respectively refer to what may be called prongs 3 and 4.) The physical properties ofPb prevent Pb emissions from experiencingthe same travel or formation phenomena as PM2.5 

### or ozone. More specifically, there is a sharp decrease in Pb concentrations, at least in the coarse fraction, as the distance from a Pb source increases. 8 

### Accordingly, while it may be possible for a source in a state to emit Pb in a location and in quantities that may contribute significantly to nonattainment in, or interfere with maintenance by,

8 Reference forthcoming 

### 13Draft as of 6/17/11



### any other state, EPAanticipates that this would be a rare situation, e.g., where large sources are in close proximityto state boundaries. EPA believes that requirements ofsubsection (2)(D)(i)(I) (prongs I and 2) could be satisfied through a state's assessment as to whether or not emissions from Pb sources located in close proximity to their state borders (e.g., within 2 miles) have emissions that impact the neighboring
state such that theycontribute significantly to nonattainment byhaving a emissions threshold of 0.5 tons per year or greater or interfere with maintenance in that state. 9 

### The states' conclusions could be supported by the technical information or data used to support the initial area designations for Pb. Therefore, to address prongs I and 2 ofsection IIO(a)(2)(D)(i)(I) the state's submission should include an explanation in support ofthe state's conclusion and, ifapplicable, should address the impact in their submittaL

Under section IIO(a)(2)(D)(i)(ll), the PSD sub-element (prong 3) may be met bythe state's confirmation in a SIP submission that new major sources and major modifications in the state are subject to PSD and (ifthe state contains a nonattainment area for the relevant pollutant) NNSR
programs that implement the 2008 Pb NAAQS. 10



### With regard to the requirement ofprong4, 

### i.e., visibilityunder subsection (2)(D)(i)(II), significant impacts from Pb emissions from stationary sources are expected to be limited to short

9 Reference forthcoming

10 Memorandum issued by William T. Harnett, Director, OAQPS/AQPD, "Guidance on SIP Elements Required Under Sections llO(a)(l) and (2) forthe 2006 24-Hour Fine Particle (PM, 5 ) National Ambient Air QualityStandards (NAAQS)," dated September 2S, 2009. 14

# ( Draft as 

### of6/17/11



### distances from the source and most, ifnot all Pb stationary sources are located at distances from Class I areas such that visibility impacts would be negligible. In addition, Pb is not directly regulated under sections l69(A) and (B) (visibility program) ofthe CAA. Although Pb can be a component ofcoarse and fine particles, Pb comprises a small fraction ofcoarse and fine particles. Furthermore, when evaluatingthe extent that Pb could impact visibility, Pb-related visibility impacts were found to be insignificant (e.g., less than O.t0%)

.11 

### Since all areas are currently subject to the regional haze progam which addresses visibility-impairingpollutants, at this time EPA would not expect infrastructure SIP submissions for the Pb NAAQS to address
prong 4.

Section 110(a)(2)(D)(ii): Interstate and International transport provisions



### "Each suchplanshall[

. . ] contain adequateprovisions insuring compliance with the applicable requirements of sections 115 or 126 (b) 

### that involve Pb emissions (relating to interstate andinternationalpollution abatement)." EPA has no reason to approve or disapprol'e any existingstate rules with regardto theseprovisions. Section l26(a) ofthe CAA directs each SIP to include provisions requiring a new or modified

source to notify neighboring states ofpotential impacts from the source. States with SIPapproved PSDprograms should have a regulatory provision in place, consistent with 40 CFR 51.166(q)(2)(iv), that requires such notification ofother state and local agencies. http://cti·.vlex.com/vid/51-166-prevcntion-significant-deterioration-19784998. States relying on the federal program requirements of40 CFR 52.2t(q), which provide for notification ofaffected

11 Ambient Pb's Contribution to Class 1Area Visibility Impairment, 6/172011, Mark Schmidt, OAQPS. 

### 15

### Draft as 

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### state and local air agencies, to satisfy this requirementhave programs that are technically deficient and not approvable. http://edocket.access.gpo.gov/cfr 201O/julgtr/pdf/40cfrl24.4l.pdf. Although, these programs are deficient and these States have not "submitted" anything to EPA, EPA would not be required to take further action with respect to this element because the federal rules represent a PIP which fully addresses the notification issue. In addition, mandatory sanctions would not apply because the deficiencies are neither with regard to a required submittal under part D nor in response to a SIP call under Section 1 I0 (k) (5). http://www.epa.gov/air/caalcaaa.txt. As described in this infrastructure SIP guidance for element (c), such states remain obligated to adopt and submit a PSD program for EPA approval that applies to all regulated NSR pollutants, including, GHG. Until a state provides such aprogram, its SIP would not be approvable with respect to section 110 (a) (2) (D) (ii).



### Section 110(a)(2)(E): Adequate personnel, funding, and authority

"Each suchplan shall [

. .]provide: (i) necessary assurances that the state (or, exceptwhere theAdministratordeems inappropriate, the generalpurpose local government or governments, or a regional agency designated by the state orgeneralpurpose local governmentsfor suchpurpose) will have adequatepersonnel,funding, andauthority under state (and, as appropriate, local) law to carryoutsuch implementationplan (and is

### notprohibited by anyprovision of federal or state lawfrom canyingoutsuch implementationplan orportion thereof), (ii) 

### requirements that the slate comply with the requirements respectingstate boards under section 128, (See section 40 CFR 52.ll82, http://edocket.access.wo.govlcti· 2004/julqtrlpdf140c(r52.1180.pd( (iii) necessary assurances that, where thestate has reliedon a local or regional government, agency, or instrumentality for the implementation of anyplanprovision, the state has responsibility for ensuringadequate implementation of suchplanprovision. "

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( Draft as of6/17/11



### The SIP should assure that the state has adequate authority under its rules and regulations to carry outthe state's SIP obligations with respect to the 20008 Pb NAAQS and to revise the SIP

as necessary. See EPA's regulations at 40 CFR Part 51 ,subpart L ("Legal Authority") and subpart 

### 0 ("Miscellaneous Plan Content Requirements"). For example:

• In accordance with EPA's regulations at subpart L, the SIP should show that the



# • state has the legal authorityto carry out the plan; the provisions ofthe state's laws or regulations thatprovide that authority are to be specifically identified in the SIP, and copies ofthe laws or regulations should be included in the SIP submittal. See40 CFR sections 51.230 through 51.231. http://ecli·.upoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=h458b0027ta357aba5<iOec!3fc0cbdJcl'&rgn=div8&vicw=tcxt&node= 40:2.0.1.I.2.9.S.l&idno=40\ A state may assign responsibility for carrying out a portion ofa SIP to a state government agency otherthan the state air pollution control agency, ifthe SIP demonstrates that such other agency has the necessary legal authority. Similarly, the
state may authorize a local agencyto carry out a SIP orportion ofa SIP within the local agency'sjurisdiction, ifthe SIP demonstrates thatthe local agency has the
necessary legal authority; however, the authorizing state is not relieved of responsibility for carrying outthe SIP. See 40 CFR 51.232, "Assignment oflegal authority to local agencies." http://cfr.vlex.com/vid/51-232-assignment-legal-localagencies-19785032

17

### Draft as of6/17/11



### • In accordance with EPA's regulations at subpart 0, 

### the SIP submittal should include copies ofrules and regulations that show that the state has adopted the emission limitations and other measures necessaryfor attainment and maintenance of the 2008 PbNAAQS. See 40 CFR 51.281, "Copies ofrules and regulations." http://cti·.vlex.com/vid/51-281-copies-rules-and-regulations-19785057

Further, the SIP should assure thatthe state has adequate funding and personnel to implement the Pb NAAQS. See EPA's regulations at 40 CFR Part 51, subpart M ("Intergovernmental Consultation") and subpart 

### 0 ("Miscellaneous Plan Content Requirements"). For example:

• In accordance with EPA's regulations at subpart M, the SIP should identifythe organizations that will participate in developing, implementing, and enforcing the SIP. The SIP should identify the responsibilities ofsuch organizations and include related agreements among the organizations. See 40 CFR 51.240, "General plan requirements." )lttp://cfr.**vlex.com/vid/51-240-~neral-plan-requirements-19785034**


### • In accordance with EPA's regulations at subpart 0, 

### the SIP should describe

resources for carrying out the SIP. Resources to be described include: (I) 

### those available
to the state (and local agencies, where appropriate) as ofthe date ofSIP submittal; (2) those considered necessary during the 5 years following SIP submittal; and (3) projections regarding acquisition ofthe described resources. See 40 CFR 51.280, "Resources." http://law.justia.com/ctr/title40/40-?.0.1.1.2.12.9.1.html

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Section 110(a)(2)(F): Stationary source monitoring and reporting



### "Each suchplan shall [

. .] require. as may beprescribedby theAdministrator: (i) 

### the installation. maintenance, andreplacement of equipment, andthe implementation of other necessarysteps, by owners or operators of stationarysources to monitor emissionsfrom such sources, (ii) periodic reports on the nature andamounts of emissions andemissions-relateddata from such source

(iii) correlation of such reports bythe state agency with any emission limitations or standards establishedpursuantto this chapter, which reports shallbe available at reasonable times forpublic inspection. " The SIP should provide citations to the state's regulations for source monitoring, recordkeeping, and reporting requirements applicable to Pb. For example: The Air Emission Reporting Rule (AERR). http://www.J"ederelregister.gov/nrticles/2008/ 12/17/ES-29737/airemissions-reporting-regu i rements. In accordance with EPA regulations at 40 CFR Part 51, subpart K ("Source Surveillance"),

.the SIP should provide for monitoring the status ofsources' compliance with the Pb NAAQS.

http://ecfr.gpoaf.cess.gov/cgi/t/text/textidx 0

### c=ecfr&sid=Odd0e4252c33076cd2cbb6b9423d9006&r gn=div!i&view=text&nodc=40:2.0.1.1.2.8&idq!>=±.Q For example, the SIP should include provisions for owners or operators ofstationary sources tomaintain records ofemissions and other information as may be necessaryto enable the state to determine whether the sources are in compliance, and the SIP should further include provisions for the sources to periodicallyreport that information to the state. See 40 CFR 51.211, "Emission reports and recordkeeping." http://cfT.vlex.com/vid/51-211-emission-repmis-recordkeeping-197850II The SIP should include provisions for stationary sources subjectto the Pb NAAQS to install, calibrate, maintain, and operate equipment for continuouslymonitoring and recording emissions, and the SIP should further include provisions for the sources to maintain the 19

### Draft as of6/17/11



### monitoring data and periodically submit it to the state. See 40 CFR 51.214, "Continuous emission monitoring." http://cfr.vlex.com/vid/51-214-continuous-emission-monitoring-19785021

In accordance with EPA regulations at 40 CFRPart 51, subpartA ("Air Emissions ReportingRequirements") http://ectr.gpoaccess.gov/cgi/tltext/textidx:' c=ecfi-&tpl=/ecfi-/JroJJ'Se!Title.f0/40cfi'51 main 02.tpl and subpart 

### Q ("Reports"), the responsible state agency should analyze the Pb emissions data and correlate such data with applicable emission limitations or standards. The SIP should provide for periodic reporting ofemissions inventory data bythe state to the Administrator (through the appropriate Regional Office). See e.g., 40 CFR 51.321. http://clr.vlex.com/viu/51-321-annualsource-emissions-report-19785106. All reports should be made available to the public.



### Section 110(a)(2)(G): Emergency episodes

"Each suchplan shallprovide for authority comparable to that in section 303 of this title andadequate contingencyplans to implement such authority. " Section 303 ofthe CAA provides authorityto the EPA Administrator to restrain any source from causing or contributingto emissions which present an "imminent and substantial endangermentto public health or welfare, or the environment. As directed under section IIO(a)(2)(G), each SIP submittal should specify authority, rested in an appropriate official, to restrain any source from causing or controlling Pb emissions. The SIP should also contain a plan determined adequate by the state to implement the authorityto constrain sources ofPb emissions,

as necessary, in an emergency situation. As 

### part ofthe infrastructure SIP submittal, the plan 20 

### (

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( Draft as of6/17/11



### should be comply with regulations at 40 CFR 51.150 through 51.153 as applicable. http://cfr.vlex.com/vid/51-150-classification-regions-episode-19784960

For Pb, EPA regulations do not specify priorityregion classifications or other specific requirements for the content ofcontingencyplans. Therefore, states should determine the content ofan adequate plan. Example regulations that states could choose to adopt to satisfythe element (G) are presented in Appendix L to 40 CFR Part 51. ht!p://cfr.vlex.com/vid/appendix-51- example-pollution-episodes-19784732

Section 110(a)(2)(H): Future SIP revisions



### "Each suchplan shall[

. .}provide for revision of suchplan- (i)from time to lime as may be necessary to take account of revisions of such national primary orsecondaryambient air qualitystandardor the availability of improvedor more expeditious methods of'attainingsuch standard, and (ii) exceptasprovidedinparagraph (J)(C), 

### whenever theAdministrator finds on the basis of information available to theAdministrator that theplan is substantially inadequate to attain the nationalambientair qualitystandardwhich it implements or to otherwise comply with any additional requirements established under this chapter (CAA)." 

### The SIP should provide citations to the state regulatoryprovisions requiring the state to I) revise its section II0 plan from time totime as may be necessarytotake into account revisions of such primary or secondaryNAAQS orthe availability ofimproved or more expeditious methods ofattaining such standards; and 2) revise its section 110 plan in the event the Administratorfinds the plan to be substantially inadequate to attain the NAAQS. See 40 CFR 51.104, "Revisions". http://cfr.vlex.com/vid/51 -1 04-revisions-19784899 21

### Draft as of6/17/11



### Section 110(a)(2)(D: Nonattainment area plan or plan revision UnderPart D

"Each suchplanshall [

. .] in the case of aplan orplan revisionfor an area designated as a nonattainmentarea, meet the applicable requirements of partD of this subchapter (relating to nonattainment areas). " As noted in the inductor text ofthis infrastructure SIP guidance document, EPA would not expect infrastructure SIP submissions to address subsection IIO(a)(2)(1). Nonattainment area plans required underpart Dare required on a different schedule from the section II0 infrastructure elements and will be reviewed and acted upon through a separate process.



### Section 110(a)(2)(J): Consultation with government officials. public notification, PSD and visibility protection

"Each suchplan shall[

. .]meet the applicable requirements of section 121 of this title (relating to consultation), section 127of this Iitle (relating topublic notification), andpartC of this subchapter (relating toprevention of significant deterioration of airqualityand visibilityprotection). " The SIP should reference the staterules that provide a process ofconsultation with general
purpose local governments, designated organizations ofelected officials of!ocal governments, and any federal land manager having authority over federal land to which the plan applies, consistent with the requirements ofCAA § 

### 121. The SIP should provide citations to regulations requiringthe state to regularly notify the public of: instances or areas in which anyprimary NAAQS was exceeded; the associated health hazards; and ways in which the public can participate in regulatory and other efforts to improve 22

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# ( Draft as of6/17/11

air quality. See 40 CFR 51.285, "Public notification". http://cfr.vlex.com/vid/51 -285-publicnotification-19785060 Pursuant to the CAA, a SIP should allow a state to implement any new PSD requirements that are triggered upon the effective date ofanynewNAAQS. However, sources in a state may be subject to the federal PSD requirements pursuant to 40 CFR 52.21, ifa state does not have a SIP-approved PSD program. http://cfr.vlex.com/vid/52-pl·evenlion-significant-deterioration19785934. As described in this infrastructure SIP guidance for element 

### (C), such states remain obligated to adopt and submit a PSD program for EPA approval that applies to all regulated NSR pollutants, including GHG. Until a state provides such a program, its SIP would not be approvable with respect to section 11 O(a)(2)(J).

With regard to the requirement ofthe plan to meet the applicable requirements for visibilityprotection, EPA would not expect to treat this provision as applicable for purposes ofthe infrastructure SIP approval process. EPA recognizes that states are subject to visibility protection and regional haze program requirements under Part C ofthe Act (which includes sections 169A and 

### 1698). However, in the event ofthe establishment ofa new primary NAAQS, the visibilityprotection and regional haze program requirements under part C donot change. Thus, EPA concludes there are no new applicable visibilityprotection obligations under section IIO(a)(2)(J) as a result ofthe 2008 Pb NAAQS.



### Section 110(a)(2)(K): Air quality modeling/data



### "Each suchplanshall[.

. .]providefor23

### Draft as of 6/17/11



### (i) theperformance of such air quality modelingas theAdministratormayprescribe for thepurpose of predictingthe effecton ambientair quality of anyemissions of anyair pollutant for which theAdministrator has establisheda nationalambientair quality standard, and (ii) 

### the submission, upon request, of data related to such air qualitymodelingto the Administrator. " 

### The SIP should demonstrate thatthe state has the authority and technical capabilityto conduct air quality modeling in order to assess the effect on ambient air quality ofrelevant pollutant emissions; and that the state can provide relevant data as part ofthe permitting and NAAQS implementation processes. The SIP should also provide that, upon request, the state will submit currentand future data relating to such air quality modeling to the Administrator. EPA anticipates thatthe predominant type ofair quality modeling to be conducted with respect to implementing the Pb NAAQS will be source-oriented dispersion modeling with models such as AERMOD. Section 110(a)(2)(L): Permitting fees

"Each suchplanshallrequire the owner or operator of each major stationarysource to pay to thepermittingauthority, as a condition of anypermit required under this chapter, a.fee sufficient to cover- (i) the reasonable costs (}{reviewing andacting upon any application for such apermit, and (ii) 

## ifthe owner or operator receives apermit for such source, the reasonable costs of implementingandenforcingthe terms andconditions of anysuchpermit (not including any court costs or other costs associatedwith anyenforcementaction), untilsuch fee requirement is 

### supersededwith respect to such sources by theAdministrator's approval of a

feeprogram undersubchapter (title) Vofthis chapter." 

### The SIP should provide citations to the regulations providing for collection ofpermittingfees under the state's EPA-approved Title V permitprogram. See 40 CFR 70.9 ("Fee determination and certification"), http://cfr.vlex.corn/vid/70-9-fee-determination24

# ( Draft as of 6/17/11



### certilication-1980 1429, 40 CFRPart 70, Appendix A, "Approval Status ofState and Local Operating Permits Programs", http://law.justia.com/cfr/title40/40-l5.0.1.1.7.0.1.12.14.html.



### Section 110(a)(2)(M): Consultation/participation by 

### affected local entities

"Each suchplan shall[

. .}provide for consultation andparticipation by localpolitical subdivisions affected by theplan. " To satisfythis element (M), and in accordance with EPA's regulations at 40 CFRPart 51, subpart M ("Intergovernmental Consultation"), b.tJ.p://cfr.vlex.com/vid/51-240-general-planrequirements-19785034 the SIP should identify the organizations that will participate in developing, implementing, and enforcing the SIP. Further, the SIP should identifythe responsibilities ofsuch organizations and include related agreements amongthe organizations. See 40 CFR 51.240, "General plan requirements." http://cii·.vl_ex.com/vid/5\-240-general-planrequirements-I9785034

The SIP should identify policies or procedures requiring consultation and participation by local political subdivisions affected by the SIP. For example, the SIP should provide a citation to the state regulations that provide notice and opportunity for public hearing in accordance with EPA regulations at 40 CFR Part 51, subpart F ("Procedural Requirements") http://ecfr.gpoaccess.govlc!!i/Utext/textidx?c=ecfr&rgn=div8&view=text&node=40:2.0.1.1.2.3.8. l&idno=40. Prior to submittinga SIP revision or a compliance schedule, a state mustprovide notice, provide the opportunity to submit written comments, and allowthe public the opportunity
to request a public hearing. See 40 CFR 51.!02, "Public hearings." http://cfr.vlex.com/vid/51- I02-public-hearings-19784894.
25

### Draft as of 6/17/11



### 26

## ( 

# AdministrativeLawDivision 1205 Camino Carlos Rey 

## Santa Fe, 

## NM 87507 505-476-7907 

# Affidavit ofPublication in the

# NewMexicoRegister I, John Martinez , certifythat the agency noted below has published legal notices orrules in the NewMexico Register, and that p;1yment has been assessed byinvoice for said legal notice orpublication, which appeared onthe date and in thevolume and issue number noted below. Date ofPubllcation: 5/31/20II 

### Agency: Volume: XXII Issue# : I

### 0 Enviroment

- AirQuality Contact: Gail Cooke 130I SilerRoad Bldg #B Santa Fe, NM 

### 87507- Invoice#: NMR-2011- 273 Amount: $1,102.00 Description: Other Amendment Amendment



### (seal) OtherMateriaJ 20.2.74 NMAC 20.2.79 NMAC Notice ofPublic Meeting Pennits -Prevention Permits

- Nonattainment



### State ofNew Mexico, County ofSantaFe Signed and affirmed before me 

### on Wednesday, June 

### 01, 2011 by John Martinez

-Copies of thepublished materialdocumented in this affidavitare enclosedForm SRC-2002-04 Revised July 2007


### NMED EXHIBIT 6ANew Mexico Register IVolume XXII, Number 10 IMay 31,2011

NEW MEXICOENVIRONMENTAL IMPROVEMENTBOARD NOTICE OF PUBLIC MEETING AND STATE IMPLEMENTATION PLAN REVISION The New Mexico Environmental ImprovementBoard ("Board") will hold a public hearing on August I, 2011 at 9:00 a.m. in Room 317 at the State Capital in SantaFe, New Mexico. The purpose ofthe hearing is to considerthe matter ofEIB 11-07 (R), proposed revisions to theNewMexico State Implementation Plan (SIP) under Section JJO(a)(2) ofthe Federal Clean AirAct (CAA) for the revised National Ambient Air Quality Standard (NAAQS) for Lead. The proponentofthis regulatory adoption and revision is the New Mexico Environment Department (''N:t-AED"). The purpose ofthe public hearing is to consider and take possible action on apetition from NMED regarding implementation ofthe federally promulgated revisions to the NAAQS for lead thatwere adopted by the U.S. Environmental Protection Agency (EPA) in November of2008. Section IIO(a)(2) ofthe CAA requires states to submit to the EPA Administrator an "Infrastructure SIP" that addresses the requirements ofsections JJO(a)(2)(A)-- (M) ofthe CAA within 3 years after thepromulgation ofaNAAQS. This SIP is a compilation ofelements that demonstrates how the State ofNew Mexico will implement, maintain and enforce the revised lead NAAQS. The NMED will host an informational open house on the proposed Lead Infrastructure SIP at the NMED Air Quality Bureau Office, 130I Siler Rd, BuildingB, SantaFe, New Mexico 87507, from 12:00p.m.-3:00p.m. on June 6, 201 I. The proposed Lead Infrastructure SIP revision may be reviewed during regular business hours at the NMED Air Quality Bureau office, 1301 Siler Road, Building B, SantaFe, New Mexico. Full text ofNMED'sproposed SIP revision is available on NMED's web site at www.nmenv.state.nm.us, or 

### by contacting Gail Cooke at (505) 476- 4319 or gail.cooke@state.nm.us. The hearing will be conducted in accordance with 20.J.l NMAC (Rulemaking Procedures- Environmental ImprovementBoard), the Environmental ImprovementAct, Section 74-J-9NMSA 1978, the Air Quality Control Act, Section 74-2-6 NMSA 1978, and other applicable procedures. All interested persons will be given reasonable opportunity at the hearing to submit relevant evidence, data, views and arguments, orally or in writing, to introduce exhibits, and to examine witnesses. Persons wishing to present technical testimony must file with the Board a written notice ofintent to do so. The notice ofintent shall: (I) identify the person for whom the witness(es) will testify; (2) identify each technical witness that the person intends to present and state the qualifications ofthe witness, including a description oftheir education and work background; (3) summarize or include a copy ofthe direct testimony ofeach technical witness and state the anticipated duration ofthe testimony ofthatwitness; (4) list and describe, or attach, each exhibit anticipated to be offered by that person at the hearing; and (5) attach the text ofany recommended modifications to the proposed new and revised regulations. Notices ofintentfor the hearing must be received in the Office ofthe Board not later than 5:00pm on July 15, 2011, and should reference the docket number, EIB 11-07 (R), and the date ofthe hearing. Notices ofintent to present technical testimony should be submitted to: FeliciaOrth, Acting Board Administrator Office ofthe Environmental Improvement Board Harold Runnels Building 1190 St. Francis Dr., Room 3056-N SantaFe, NM 87502 Phone: (505) 827-0339, Fax (505) 827-2836 Any member ofthe general public may testify at the hearing. No prior notification is required to present non· technical testimony at the hearing. Any such member may also offer exhibits in connection with his testimony, so long as the exhibit is not unduly repetitious ofthe testimony.New Mexico Register /VolumeXXII, Number 10 IMay 31,2011

A member ofthe general public who wishes to submit awritten statement for the record, in lieu ofproviding oral testimony at the hearing, shall file the written statement prior to the hearing, or submit it at the hearing. Persons having a disability and needing help in being a part ofthis hearing process should contact Judy Bentley by July 15, 2011 at the NMED, Personnel Services Bureau, P.O. Box 26110, 1190 St. Francis Drive, SantaFe, New Mexico, 87502, telephone 505-827-9872. TDY users please access her number via the New Mexico Relay Network at 1-800-659-8331. The Board may make adecision on the proposed revised regulations at the conclusion ofthe hearing, or the Board may convene ameeting at a later date to consider action on the proposal.

### STATE OF NEW MEXICO CountyofBernalillo SS 

### LindaMacEachen, being duly sworn, declaresand saysthatshe is Classified AdvertisingManagerofTheAlbuquerque

### Journal, andthatthisnewspaper

### is duly qualified topublish legal notices oradvertisements within the meaning ofSection3, Chapter 167, SessionLaws of 1937, and that paymenttherefore has been made of assessed as court cost; that the notice, copy of 

### which is heretoattached, waspublishedin saidpaperin theregular dailyedition,

# fr _I_ times,the first publicationbeingon the 

### 2.1_ day of

# M"'v ,

### 20_!__,

CLA-22·A (R-1/93) 

# '

Sworn and subscribed before me, a Notary Public, in and for the CountyofBernalilloandStateofNew Mexico this 

## .iLday of 

# M"'

# y of20_.1./_.

PRICE

# ,1[ 2 

# t.f7. 

# ]'J \ Statementto come atendofmonth. ACCOUNT NUMBER 

# Cit?'I '{;C/



### NMED EXHIBIT 68

# I NEW MEXICO EHVIRONI!EJI. TAL IIIPROVEMENTBOARD NOTICEOFPUBliCII<EIINO 

# I A11D STATEIIII'LEIIEHTA110N PLANREVISION IThe NIW Mexico Environmental !

. 11mo..,..,..l llolld ('Board') wiD hold a put& heeri1:'9 enAugust t, 2011 m9:00a.m. In Room317 a1 lho Slate**Capi~** In SantaFe,""" •MexiCo. The P!JJPOI&otthe nHr· !kla 11tocti'ISIUerthe malferolEIB 

### 11f.07 (AI, PfOIID!.8d Milo01S 10 the New'tftxkio Stale lfllf!lemen- :**~'"'** Plan !SIP! under SeetOn 1110(a)(2)d lhe ,:ederal Clean Air Act (CAA) lorthe l8'l!s8d Nllllonal :Ambient Air Qual!ty Standard ! (NAAOS) for Load.**~- ~** 

# ""'**,.,.,.0~** , n81\':1 revtalon Ia !fie NeW**~** Envfronment Department

('NMED').**The,.._~,..-~** Is to ccin81der and take poalbli action on a**pel~lon** from NMED , !'illfl1!.ng**~·auon ~**  lha •**~** prorillfgated revisions to' the NAAt:lS lof lead that ware 

# -by""u.s. Ertvionmenlal 

# p-

AeancV (EPAj**~** Novarnber**~**20118. Sedlon 10(aX2) d lhtCMNqu

...oalas lo**su~** ; mMio lheEPAA«hhtuultoran'lnhaalruclunt SIP" lhal .addrassu the**r!~_gy_lremenls** of sections**11~axzxA)-:rM)** of lhe CAA wllh· o3 ,..,.ilffar lha promUigallon d aNAAOS. This SIP II acompl- laUon of elemente that demonstrates how the Stale of N11w Mexico wtfl knolemsAI maintain and enforce t'he revised /&ad NMOS. The NMEO will host an lnlormatlonal open hot/88 on· lh& p10p0sad Load I-reSIP allhe NMED Air Quaf.ly Burarw O!llce, 1301 Slor Ad, Birll<lng 8, Santa F,!J._N_!IW MeXIco 87507, from 12:wp.m.-3:00p.m, onJune 6, 201t The proposed Lead lnfrqtructure SIP......,.maybe-dur· "'reoular

### -.sahou• at lho NREI1

### Alr~u -· 1301 SlerRoad. I 

## a. Sanla F!1_New Medea. Fu lex! of NrcO's**~** SIP revision Is aflllable on NMED's wall site a1 www.nmenv.stale.nm us, or by contaclf!lg GaJI COoke et (505) .478·431'9or**.~.cookeOstate.nm.~;** · nia hearing will b8 conciuoi&d In accordance**wit~** 20.1.1 NMAC .(Fitlfemtklna Procedurea --Envtronmel')lal Tmprovernent,**~rd),** the Envftonmtl'llal. Improvement Ad, Section '74-J-9 tJM$A 1978,

..Airaualllv Contioi·Ai:l, Secllon 74-2-1! NMSA 1978. andolhllrap# -~·. ABhtei"esledpeison8 wil be !llvwl rtiiOnlble OPilOrtunlty af:lhe· hnrlng to sutJtnft r&lavant _evl·



# ....."''"-aridam--.

,**0111~** ()!' ill wriUng,

. to rntroduce 

## Iexhl>its,**arxno~exa.mllifw~.r.ess·** es. Persons wl&lln-g to !prcsliil! I t8dt1Jc.al·lestfrnOily'IYluttHio:wttn 

# Itha Boonfe .,..ritton.notlCQ ollntent to do so:**-~h8_~1J:9**·of**lnto~J-sll!ll_l: Nol!oasofl1\llll~rlhe~** **mu~** 1'8C81v8d In 1he Olllca ""**n~** !liar lllan 5:00 fll11 on July 15, 2011, 1M shoUit!**r~** erence the docket fii.N'Aber, El 1HfT**(R~** and lha data ot the**ha~** ollces**~** 1n1anJ**~** ent 1 leal testimony sh be aubmllled Ia: F- Orlh,Ac<lr1g Boald Admlnlsi.T81or Oft::e of lhtEnvlrtlnmen'lal lm'"'verrwnl Board Harold Runnelo**Bulkl~g** 1190SI.-Dr

.. Room !05&<ol Sanla Fa, NM 87502**"""';i,l~827·0339,** Fax ( ) ·2636 Arry member of lh& general pubic 

### ::::1,IOS!flyaltha

# "':ItNo**p~or** calfoit Ia**r~uirad** present non·tachn/cal testl::t:' the , hearlrljj ,.,. "'"' may al&o er exhb'ls In oomectlon wfth Ia

### los~, &0

### ~"'"\ tlll"loll: Ia not u uly rape of ""laellm"'J. A member II

### '':.&neneral**pt~t'l'c** who wishes lo ft a wnl!en atalamenllot ltie record, In lluu of f.t,toYidlng oral**In~** at the Bring &hall Q:alhewrll !latem_ent P.if9r lo lha headng, or submd**~** 81 lhe'hearing._ P&ISOI'IS**~Jaablltly** &1\:**~helpln a~otth1s** **hea~rocesa** a u contact o!u<IJ !BY !>Y**Ju~** 15

. .,,1a: the NMEDO Peraonnel Services Bur&all, P

..Box 26110 

### mms: FranCis OtJve 

### 5Santa**~e.** N""' Mexlcoi687 02y telephone 505-827· 72. TO users pleasu access her ntlfl\btl' VIA 1h8 New Mexi-co Relay Network at 1-800-659-8331. The Soard may make a decision on lha**~** '"""d**~·** tiona a Ilia co'nc/uslon the ihearing, or lhfl Board m,; con- 1 vena ameellng at a !alai' ate lo Icons1c1ar- an 111a ,._,

JUNTA DE MEJDRAMIENTO AMUIENTAL DE NUEVOUEICICO A V1SO DEAUD!ENCIA DE PLAN DE IUPWIENTACION ESTATAL The JUNTA DE MfJORAMIEHTO AMBIEtfTAL DE NUEVOMEXICO ('Ia Joota") oalebrara**~ma** audJan.**Cla~el1 dee~de2011**  a189 9:00 e. m. enIa SaJa 317 del Capltollo Estalal an Sanll Fe, Nue¥0 Mexico. El**pro~** de Ia audlencla es conslderar eJ aaun!O de EIB 11..07**~R);** lea ravlsionas**p~** al an cia Implement- acton Estatat {en adllantt, SIP, porsus**~las** an**~con**el Rn de ctJ!IIPIIrcon los o&de Ia

.**~de** Aita LbnP.fo (an adelenle. I por sus**~** en Ingles), 

# I Sacclon 110 (a**~J:"'** los Esl:andares NaciOnl Ctildad delAlre (an edelanle, NAAOS!siJ: sus**~IU** en Ingles) rffll os para plomo. 

## IEr propo!\111'118 de es1a

### ad~ de 8818 f8Qial:nantaclon yrtMBion \es el Departamento del Medlo Amblenla de Nu8'10 l.lerlco en

### ~c!.;laRto '1/Mf:O'

### ~,cr**~·.s s~sa** **u,~ ~;,p** **~~)** 

# #cU.L

8 prcpo<l1ode**~**audlenda Hublf. ca. es Conskferarytomarposlbles 

### I Las notlflcaclones de lntencfon ( 

# = basadaB en una petlclon P8J'!I Ia audlancla sa Hanan que d M**Dconreledona~~-'** reclblren IaOlclna da IaJunta no mentation de las .fiVIslonee P* 1 maa - cia 181**5:~.** o1 15 OIJIIoadas • "' NAAQ5**~** el do julio "' 2011 y hacar

### 1**~** qua luaron**1~1** s

### {C. , llililren::llalm.mero decalendano**~** Pro!eDCion del a-**EIB11.07(R)~Iaau-** db (en adalanle, EPA. dlencle. Lu dt Inpor**sus~~** an**~las)** en novJ. tenclon pa:=rttstlmonlo embra de. 2008. a Sacclon 1ecn1cose sometera:**110(a~)de ~** CAA Ia**e~ a~·**  ' Fe!CiaOrlh, Adrnlnlstradora de Ia 

### earaa 'E!j,retanlar**~A.-** ... Clorde Ia Auna "ttfraestructura Junia

. de SIP" qua aborde los**ra~~all.os** llllclna

....Milario

. de**las~** 110('5-(1,4)

# ~=-~-= Ida Ia danlnl de "' de lrasanosdela%rom del 1190St. Frant:fsDr., fun NAAOS. Este IP " unacom· Room 30SIHI

pUaclon**~~** elementos qua de·j 8aniaFe, NM 87S02 mu8Stra como ei Estadoa; NtJB\10 Tela'-

## cml827<!3S9 Maldco

# Imp-. ma-'**~hano ~~los**  NMOS

........ ·Fax (50S) 7'2838 '

• El Dcola"""' una )or· cua/qufer fnlambto dal publico nada de pue,!as ablertas

### lnlorina-1 tfvaJobrilaJntraeatructura de SIP 

# = pueda lesllflclr an Ia au- del Promo an 18 Oflefna de Ia ncla. No se requiBra nctllce.· A1tWa ria Caticrad

..1AlM dal' don previa para presantar**~** IN ED, en 1301 SlierAd,

## ;98

## ~"'"''""'"' Ia B, Sania Fe, New MlldCo 8750 , •Cualqular ml8mbm tal delas 12:00p. m. alat3:00p. m.**.l~ed&** PI'Menlarpruebas del B cte1unro:de2011 en re 'cort su lftttrnOnro, 81- emr.re ycuando Ia

## crueb" no La lnt'raeatruclurade SIP del Pfo.. rep mscesar!amen I el 1aatlmo podra ser examlnada en ho- mOnlo. · l8lfci deoflclna en Ia Oftllna de Ia Un mlamlxodel pubflco en ganer- 

# = do Caldad dal Alre dal ,.:'1301 SiarRd,**Bu~** al**~a** de::,&reaantar una a.s Fa,NawMaxl:o E/siJJO. dec
- 

# 1:1 a!re<ord, enlaWaOdelNMED I en Iugardeotraeer 

# = ._. www.rvnenu1a!a.nm.us o!reca

# ''I bal anraauclencla, presen ra re texto**~o** deJarevision pro. daciaraclon ascrlla antes de Ia P!J'SII de SIP;tamblen st &:Ide a..:dllmcla ol)l'888nlarla en Ia au· oblarww contsclando Gal oleo

. d.enc'a llamando al lelafono {Sosj las palliOI'IU que 1a11gan una In- ' 41&4319 oenvlandofa un correo eleclronlcoa calllicldadynaeesllen ayada para', gall.cooteOstat&.nm us. P.artlclpsr en este**~** d8 au· !flanclil deben coinUnlcatse con La aud\incla se Uevara a cabo**~~-clal15da~b** conforme al 20.1 1 NMAC a 11 at ED, ParsonneJ r· {PtOCedlmlentos de cteiiCIOn de vleel Bureau, P .0. Box 26110,

# I( normas • Junta de MejoramieniO 1190St. FranCia Drive, Santa Fe, Amblen!al), de Ia**~** de MeJo- New Mexico, 87502, telefono ramle"J.f Ambient 

### IaSecclon 505-B27-9872, Loe UIUariol con 74-1·9 MSA 197& Secc1on lmpedinanlos "'""""'

### ~vor 74-2-8 NMSA 1918 ria 1rr loy da**~tlnumerovYa** de Conlrol ria CailladdeAlM y- Relavo de Nuevo Mexico al 

# _,.,_ 1-600·869-8331.**TodaiperiOnOI~resada&fan.** La Jura puede tomar una decf. rl'an**~** IIZOnabie alon &obre las regutaclmes rean Ia para prasantarev· Yisadaa PfOPI.!88!aa cuando con-

# =~~·; cluya Ia audlencla, o Ia Junta puBOa 0011Ytnlr una reunion en pora&crlfo, fllr&**~ ~**  unafecha posteriorpara oonsfdet. ypara &xamfnarte&Ugas.**~· are--1·~-·**  sonas gua de8een pre&erdar 18efl. dotlmal. Ma1 9'1, 2 menlo tacnfcotlanin qUS.pt81Bll· tar a Ia Junta notlflciCion escnta de au lnlencloncithacer!o. La no- 1 tllltiCion de lmJnlo**debe~&:** 111

## ~olllillcar a Ia """"'

## pa~

# I Qtjan eJ(Ios) tee!lgO(s) preseot·**IN~fael/mOnb:** (2) 'llcat- ,.,,19lecnlco**~ue** Ia persona l&nga Ia lnlsnclon aPra&erW elndiCarlas caifb. ciOOea del**1~,** lnchdr 1118 deSCfl¢9n de su 185/ondo educafi.. "'y**~bore!;** f3) reswnlt olnclulr una cor:.del**estlmon~lrecto** de cada !go lecnko a k:arIa diUICion espe- rada del ltBtlmonlo de ese 18511go;**~~** enumerarydeacrlblr, oadjijn·

r, cada JHU8ba que se espera que ofrezca eaa persona en Ia audl=z**~** el lexto de cuales- modlllcal:iones afaa regu. liteiol'les nuevas y reYIMdas pro- 

## p-.

# ( SUSANA MARTINEZ Governor JOHN A. SANCHEZ Lieutenant Governo1·



### June 28, 20I I NEW MEXICO ENVIRONMENT DEPARTMENT 

## Office ofGeneral Counsel
Harold Runnels Building 1\90 Saint Francis Drive (87505) PO Box 5469, Santa Fe, NM 87502-5469 Phone (505) 827-2990 Fax (505) 827-1628 www.nmenv.state.nm.us Ryan Flynn, General Counsel



### New Mexico Economic Development Department Small Business Regulatory Advisory Commission 1100 St. Francis Drive Santa Fe, New Mexico 87501 Via U.S Postal Service & 

### E-Mail DAVE MARTIN Cabinet Secretary RAJ SOLOMON, P.E.

Deputy Secretary



### Re: Proposed Amendments to Air QualityRegulations 20.2.77, 20.2.78, and 20.2.82 NMAC; and Proposed Revisions to the State Implementation Plan for Infrastructure ofLead National Ambient Air Quality Standard



### Dear Chairman and Members ofthe Small Business Regulatory AdvisoryCommission: This Jetter is to provide you with notice oftwo upcoming hearings in the above captioned matters. The first involves updates to the incorporation by reference offederal New Source Perfonnance Standards, National Emission Standards for Hazardous Air Pollutants, and Maximum Achievable Control Technology standards. The Air Quality Bureau does not believe that the proposed revisions will have an adverse affect on sma!I businesses. Under the federal Clean Air Act, Sections I11 and 112, the U.S. EPA retains the authority to enforce these standards regardless ofwhether a state chooses to implement them. Therefore adoption ofthese standards as state regulations does not add to the regulatory burden ofindustry, but rather enables the state to assume the primary role in implementing the standards. The second hearing is to adopt an "infrastructure" state implementation plan with respect to new National Ambient Air Quality Standards (NAAQS) for lead. The Department is not proposing any additional regulations orrequirements in conjunction with the proposed Lead Infrastructure SIP. The purpose ofthe propose Infrastructure SIP is to provide EPA with an overview ofNew Mexico's capabilities to implement, maintain, and enforcethe lead NAAQS. The Air Quality Bureau therefore does not believe the SIP will have any adverse impacton small businesses.



### NMED EXHIBIT 7

### Small Business Regulatory Advisory Committee June 24,2011 Page 2 of2

The hearings in these two matters will be held at the regularly scheduled meeting ofthe Environmental Improvement Board on August I, 2011, at 9:00 a.m. in Room 317 at the State Capital in Santa Fe, NewMexico. A copy ofthe hearing notices is attached. More information on the proposed revisions may be found at; http://www.nmenv.state.nm.us/agb/prop regs.html. Please feel free to contact me with any questions. Sincerely,**~** 

### --:=:> 

# ----;;;:z..-=---.......::=,.._- Bill Grantham Assistant General Counsel

## (

( NEW MEXICO ENVIRONMENTALIMPROVEMENT BOARD NOTICE OfPUBLIC MEETING AND STATE IMPLEMENTATION PLAN REVISION The New Mexico Environmental Improvement Board ("Board") will hold a public hearing on August I, 2011 at 9:00a.m. in Room 317 atthe State Capital in Santa Fe, New Mexico. The purpose ofthe hearing is to consider the matter ofEIB 11-07 (R), proposed revisions to the NewMexico State Implementation Plan (SIP) under Section Il0(a)(2) ofthe Federal Clean Air Act (CAA) for the revised National Ambient Air Quality Standard (NAAQS) for Lead. The proponent ofthis regulatory adoption and revision is the New Mexico Environment Department ("NMED"). The purpose ofthe public hearing is to consider and take possible action on a petition from NMED regarding implementation ofthe federally promulgated revisions to the NAAQS for lead that were adopted by the U.S. Environmental ProtectionAgency (EPA) in November of2008. Section l!O(a)(2) ofthe CAA requires states to submit to the EPA Administrator an "Infrastructure SIP" that addresses the requirements ofsections llO(a)(2)(A)--(M) ofthe CAA within 3 years after the promulgation ofa NAAQS. This SIP is a compilation ofelements that demonstrates how the State ofNewMexico will implement, maintain and enforce the revised lead NAAQS. The NMED wilJ host an informational open house on the proposed Lead Infrastructure SIP at the NMED Air Quality Bureau Office, 1301 Siler Rd, Building B, Santa Fe, New Mexico 87507, from 12:00p.m.-3:00p.m. on June 6, 2011. The proposed Lead Infrastructure SIP revision may be reviewed during regular business hours at the NMED Air Quality Bureau office, 1301 SilerRoad, Building B, Santa Fe, NewMexico. Full text of NMED 1s proposed SIP revision is available on NMED's web site at www.nmenv.state.nm.us, or by contacting Gail Cooke at (505) 476-4319 or gail.cooke@state.nm.us. The hearing will be conducted in accordance with 20.1.1 NMAC (Rulemaking Procedures- Environmental Improvement Board), the Environmental Improvement Act, Section 74-1-9 NMSA 1978, the Air Quality Control Act, Section 74-2-6 NMSA 1978, and other applicable procedures. All interested persons will be given reasonable opportunity at the hearing to submit relevant evidence, data, views and arguments, orally or in writing, to introduce exhibits, and to examine witnesses. Persons wishing to present technical testimony must file with the Board a written notice ofintent to do so. The notice ofintent shall: (1) identify the person for whom the witness(es) will testify; (2) identify each technical witness that the person intends to present and state the qualifications ofthe witness, including a description oftheir education and work background; (3) summarize or include a copy ofthe direct testimony ofeach technical witness and state the anticipated duration ofthe testimony ofthat witness; (4) list and describe, or attach, each exhibit anticipated to be offered by that person at the hearing; and (5) attach the text ofany recommended modifications to the proposed new and revised regulations. Notices ofintent for the hearing must be received in the Office ofthe Board not later than 5:00pm on July I5, 2011, and should reference the docket number, EIB 11-07 (R), and the date ofthe hearing. Notices of intent to present technical testimony should be submitted to: Felicia Orth, Acting Board Administrator Office ofthe Environmental hnprovementBoard Harold Runnels Building 1190 St. Francis Dr., Room 3056-N Santa Fe, NM 87502 Phone: (505) 827-0339, Fax (505) 827-2836Any member ofthe general public may testify at the hearing. No prior notification is required to present non-technical testimony at the hearing. Any such member may also offerexhibits in connection with his testimony, so long as the exhibit is notunduly repetitious ofthe testimony. A member ofthe general public who wishes to submit a written statement for the record, in lieu of providing oral testimony at the hearing, shall file the written statement prior to the hearing, orsubmit it at the hearing. Persons having a disability and needinghelp in being a part ofthis hearing process should contact Judy Bentley byJuly 15,201I at the NMED, Personnel Services Bureau, P.O. Box 26110, 1190 St. Francis Drive, Santa Fe, New Mexico, 87502, telephone 505-827-9872. TDYusers please access her numbervia the New Mexico Relay Network at I-800-659-833I. The Board may make a decision on the proposed revised regulations at the conclusion ofthe hearing, orthe Board may convene a meeting at a later date to consider action on the proposal.

# ( NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD NOTICE OF PUBLIC MEETING AND RULEMAKING HEARJNG The New Mexico Environmental Improvement Board ("Board") will hold a public hearing on August I, 20II at 9:00a.m. at the State Capitol Building, Room 317, 490 Old SantaFe Trail, SantaFe NM 87501. The purpose ofthe hearing is to considerthe matter ofEIB 11-04 (R) proposed revisions to Air Quality Control Regulations 20.2.77 NMAC (New Source Performance Standards), 20.2.78 NMAC (Emission Standardsfor Hazardous Air Pollutants) and 20.2.82 NMAC (Maximum Achievable Control Technology Standards for Source Categories ofHazardous Air Pollutants). The proponent ofthis regulatory adoption and revision is the New Mexico Environment Department (''NMED"). NMED proposes to revise 20.2.77 NMAC to incorporate by reference federal New Source Performance Standards, 20.2.78 NMAC to incorporate by reference federal National Emission Standards for Hazardous Air Pollutants, and 20.2.82 NMAC to incorporate by reference federal Maximum Achievable Control Technology Standards for Source Categories. The proposed revised regulations may be reviewed during regular business hours at the NMED Air Quality Bureau office, 130I Siler Rd. buildingB, Santa Fe, New Mexico 87507. Full text ofNMED's proposed revised regulations arc available on NMED's web site at www.nrnenv**.sta~e.nm.us.** or 

### by contactingAdam Keasler at (505) 476-5559 or adam.keaster@state.nm.us. The hearing will be conducted in accordance with 20.1.1 NMAC (Rulemaking Procedures- Environmental Improvement Board), the Environmental ImprovementAct, Section 74- I-9 NMSA 1978, the Air Quality Control Act Section, 74-2-6 NMSA 1978, and other applicable procedures. Ali interested persons will be given reasonable opp01iunity at the hearing to submit relevant evidence, data, views and arguments, orally or in writing, to introduce exhibits, and to examine witnesses. Persons wishing to present technical testimony must file with the Board awritten notice ofintent to do so. The notice ofintent shall: (I) identify the person for whom the witness(es) will testify; (2) identify each technical witness that the person intends to present and state the qualifications ofthe witness, includingadescription oftheir education and work background; (3) summarize or include acopy ofthe direct testimony ofeach technical witness and state the anticipated duration ofthe testimony ofthat witness; (4) list and describe, or attach, each exhibit antieipated to be offered by tl1at person at the hearing; and (5) attach the text ofany recommended modifications to the proposed new and revised regulations. Notices ofintent for the hearing must be received in the Office ofthe Board no later than 5:00pm on July 15,2011, and should reference the docket number, EIB 11-04 (R), and the date ofthe hearing. Notices of intent to present technical testimony should be submitted to: Felicia 01ih, Acting Board Administrator Office ofthe Environmental Improvement Board Harold Runnels Building 1190 St. Francis Dr., Room 3056-N Santa Fe, NM 87502 Phone: (505) 827-0339, Fax (505) 827-2836 Any member ofthe general public may testify at the hearing. No prior notification is required to present non-technical testimony at the hearing. Any such member may also offer exhibits in connection with his testimony, so long as the exhibit is not unduly repetitious ofthe testimony.A member ofthe general public who wishes to submit a written statement for the record, in lieu of providing oral testimony at the hearing, shall file the written statement prior to the hearing, or submit 

### it at the hearing. Persons having a disability and needing help in being a part ofthis hearing process should contact Judy Bentley by July 15,2011 at the NMED, Human Resources Bureau, P.O. Box 26110, 1190 St. Francis Drive, SantaFe, New Mexico, 87502, telephone 505-827-9872. TDYusers please access her number via the New Mexico RelayNetwork at 1-800-659-8331. The Board may make adecision on the proposed revised regulations at the conclusion ofthe hearing, or the Board may convene a meeting after the hearing to consider action on the proposal. 

## I

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## Letterwill beplacedon Governor's letterhead onceapprovedby the Governor's AdministrativeServices.

Dr. Alfredo Armendariz Regional Administrator (6-A) August xx, 20II

U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 Dear Dr. Armendariz, Onbehalfofthe New Mexico Environment Department, I 

## am pleasedto submit to the Environmental Protection Agency the enclosedNew Mexico State Implementation Plan (SIP) revision. This SIP revision consists ofa demonstration thatNew Mexico's existing SIP satisfies the "Infrastructure SIP" requirements for the revised 2008 National Ambient Air Quality Standard (NAAQS) for lead. The applicable provisions ofthe existing SIP which satisfy these requirements are cited in this demonstration. The hearing record for this SIP revision is attached, which includes the hearingtranscript, exhibits, public notices, affidavits ofpublication, andnotice ofintentto present technical testimony. No public comments were received in this matter. Included with the attached hardcopy ofthe hearing record is an electronic copy ofthe record provided on disk which I certify to be an exact duplicate ofthe hardcopy. This SIP revision is being submitted to the Environmental Protection Agency to fulfill New Mexico's requirements under Sections II

### O(a)(2) ofthe Clean Air Act for the revised 2008 lead NAAQS. The Clean Air Act requires all states to submitplans to provide for the implementation, maintenance and enforcement ofa new orrevised NAAQS within 3 years ofpromulgation. Sincerely,

Susana Martinez Governor ofNew Mexico Enclosures

cc: Mr. Guy Donaldson, EPA Region 6 Mr. Dave Martin, Secretary, NM Environment Department Mr. ·Butch Tongate, Director, Environmental Protection Division Mr. Richard Goodyear, Acting Bureau Chief, Air Quality Bureau

NMED EXHIBIT 8

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( STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD IN THEMATTER OF PROPOSED REVISIONS TO THE STATE IMPLEMENTATION PLAN FOR INFRASTUCTURE OF LEAD NATIONAL AMBIENT AIR QUALITY STANDARD

NMED'S PROPOSED 

### No. EIB 11- 07 (R)



### ORDER AND STATEMENT OF REASONS FORADOPTION OF SIP REVISIONS

This matter comes before the NewMexico Environmental Improvement Board ("Board")
upon a petitionfiled by the NewMexico Environment Department ("NMED" or "Department"), proposing adoption ofan "infrastructure" state implementationplan ("SIP") for implementation ofthe revised National Ambient Air Quality Standard ("NAAQS") for lead. The Boardheard testimony from the Department and admitted exhibits into the record. On August I, 20II the Board deliberated and voted to adopt the proposed amendments for the reasons that follow: 

### STATEMENT OF REASONS I. The federal Clean Air Act ("CAA'') at Section 110 requires each state to submit a plan (State Implementation Plan or "SIP") for the implementation, maintenance, and enforcement of each National Ambient Air Quality Standard ("NAAQS"), within three
years ofthe promulgation by the U.S. Environmental Protection Agency ("EPA") ofsuch

a standard. 42 U.S.C. § 7410 (a) (1). 2. CAA Section 110 sets forth the general elements which must be contained in 

### the SIPs, generally referred to by the EPA as the "infrastructure" elements of SIPs. 42 U.S.C. § 741O(a)(2)(A}-(M).

EIB No. 11-04 Proposed Statement ofReasons and Order Page 1of3 

### NMED EXHIBIT 9

### 3. In 2008, EPA revised the NAAQS for lead, from 

### 1.5 !lg/m3

### to 0.15 !lg/m3

, 

### triggering the requirement for states to submit infrastructure SIPs for the revised lead NAAQS within 3
years. 4. New Mexico contains no major sources oflead emissions, and emissions oflead from all

area sources within the state are approximately 0.5 tons per year. There are no nonattainment areas for lead in ornearNewMexico. 5. The current infrastructure elements of New Mexico's SIP are sufficient to ensure implementation and enforcement of the revised lead NAAQS. NMED's proposed infrastructure SIP therefore consist ofa demonstration ofthe sufficiency ofthe existing SIP, compiled in a matrix format. 6. Under EPA's interpretation ofthe CAA, where a state determines that its existing SIP is adequate to meet infrastructure requirements for a revised NAAQS, the state may satisfy the requirements ofSection 110 through a certification letter from the governor, after an opportunity for a public hearing. 7. In accordance with this policy, NMED petitioned the board for hearing to approve the Department's finding that the current SIP is sufficient. 8. Pursuant to 20.1.300.A NMAC, any person may petition the Board for amendment of regulations within thejurisdictionofthe Board. 9. On April15, 2011, NMED filed a petitionwith the Board for apublic hearing in this
matter. 10. On May 2, 2011, at a meeting conducted in compliance with the OpenMeetings Act and other applicable requirements, the Board granted the Department's request for a hearing.

EIB No. 11-04 Proposed Statement ofReasons and Order Page 2 of3

## ( II. 

### On [date], 2011, Notice ofHearing was published inthe Albuquerque Journal (inEnglish and Spanish). See NMED Exhibit xx 12. On [date], 20II,

### Notice ofHearing was published in the NewMexico Register. See NMED Exhibit xx. 13. NMED filed a Notice oflntentto Present Technical Testimony (NOI) on July 15,2011, in accordance with 20.1.1.302 NMAC. 14. A hearing was held in this matter onAugust I, 2011 in SantaFe, NewMexico. 15. The Board has the authority to approve this proposed SIP pursuant to NMSA 1978 

### § 74- 2-5 (B) (2). 16. The Board approves of NMED's proposed SIP, as contained in NMED Exhibit 2 admitted at the hearing, as satisfying the applicable requirements of CAA Section II

### 0 with respectto the revised lead NAAQS. 17. The proposed SIP satisfies the statutory requirements of the Air Quality Control Act, NMSA 1978, Section 74-2-5.E. 18. The notice and hearing requirements ofNMSA 1978 Section 74-2-6 and 20.1.1 NMAC

were satisfied in this rulemaking process. 19. The proposed amendments are adopted for any or all ofthe reasons stated above. 

## ORDER Bymajority vote ofa quorum ofthe Board members, the proposed regulatory revisions

were approved by the Board on August I, 2011. Upon signature ofthe certification letter by Governor Martinez, the Department shall submit the SIP as expeditiously as possible to the EPA for approval.

OnBehalfofthe Board EIB No. 11-04 Proposed Statement ofReasons and Order Page 3 of3 Dated:

_________ _

## ( Grantham, Bill, NMENV

crom: 

### ;ent: To: Carl Young [Young.Carl@epamail.epa.gov] Friday, July 15, 2011 11:58 AM Cooke, Gail, NMENV; Grantham, Bill, NMENV 

### Subject: Comments on the New Mexico State Implementation Plan Matrix for the Revised Lead Ambient Air Quality Standard

We appreciate NMED developing a State Implementation Plan matrix outlining how the infrastructure requirements ofthe Clean Air Act (CAA) are met for the revised lead ambient air quality standard. Below please find initial comments on the proposed matrix. If you have any questions concerning our comments please contact me. CAA 11 O(a)(2)(B): If appropriate please add that: "New Mexico maintains an annual monitoring network and submits annual monitoring plans to EPA which describe how the State has complied with monitoring requirements and explain any proposed changes." CAA 11 O(a)(2)(E)(ii): Ifappropriate please note that the Environmental Improvement Board approves permits and enforcement orders and that any potential conflicts of interest by members ofthe board are adequately disclosed. Also, if possible and appropriate, please cite any similar statute that applies to the NMED Secretary concerning CAA section 128. CAA 11O(a)(2)(G) If appropriate, please add in the first paragraph that while there are currently no significant sources of lead, the statute is adequate to constrain any sources of lead emissions, as necessary, in an emergency situation. Also, if appropriate, please note that in the second paragraph that the New Mexico Air Pollution Episodes Contingency Plan meets the requirements of40 CFR 51, Subpart H (Prevention ofAir Pollution Emergency Episodes). Carl Young EPA Region 6 Air Planning Section ') 14-665-6645

1 

### NMED EXHIBIT 10

### Cooke, Gail, NMENV From: Sent: 

### To: Young.Carl@epamail.epa.gov Tuesday, September 28, 2010 4:22PM Cooke, Gail, NMENV Cc: Subject: 

### Grantham, Bill, NMENV; Donaldson.Guy@epamaiLepa.gov; Shahin.Emad@epamail.epa.gov Re: 110(a)(2) for Lead NAAQS

Hi Gail and Bill, The approach of addressing CAA 110(a){2)(D) in your infrastructure SIP submittal would be satisfactory to EPA. We're expecting guidance on the infrastructure SIPs for lead later this year. I would expect that your infrastructure SIP would discuss the limited emissions and lack of sources. It should also discuss how the NM PSD program would prevent sources in the state from emitting lead in amounts which: (1) contribute significantly to nonattainment of the NAAQS in other states; (2) interfere with maintenance of the NAAQS in other states; and (3) interfere with provisions to prevent significant deterioration of air quality in other states. I must admit, I'm not sure what the infrastructure SIP should say about the 110(a)(2)(D) prohibition against emissions that interfere with efforts to protect visibility in other states. Our future guidance should address this. Carl Carl Young EPA Region 6 Air Planning Section 214-665-6645 -----"Cooke, Gail, NMENV" <gail.cooke@state.nm.us> wrote:
----- To: <Young.Carl@eoamail.epa.gov> From: "Cooke, Gail, NMENV" <gail.cooke@state.nm.us> Date: 09/22/2010 !0:07AM Cc: "Grantham, Bill, NMENV" <Biii.Grantham@state.nm.us> Subject: 110(a)(2) for Lead NAAQSCarlIjust wanted to reconfirm with you regarding what NM needs to do to satisfy the 11O(a)(2) CAA requirements for the lead NAAQS. I spoke to our legal council, and we plan to move forward with a hearing sometime next fall for our 11O(a)(2) infrastructure SIP for lead, but due to the limited emissions and lack of permitted sources for lead in the state, NM does not plan to develop or adopt a 110(a)(2)(d) transport SIP for lead (110(a)(2)(d) will be addressed in the infrastructure SIP though). Please reconfirm that this approach will be satisfactoryto EPA. Thanks! Gail Gail Cooke New Mexico Air Quality Bureau Phone: 505-476-4319 Fax: 505-476-4375
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2EIB HEARING, 8/1/11

1
2
3 STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD

No. EIB ll-07(R) 4 IN THE MATTER OF PROPOSED REVISIONS TO THE STATE IMPLEMENTATION PLAN 5 FOR INFRASTRUCTURE OF LEAD NATIONAL AMBIENT AIR QUALITY STANDARD 6
7
8
9
10 TRANSCRIPT OF PROCEEDINGS 11 12 BE IT REMEMBERED that on the 1st day of 13 August, 2011, the above-entitled matter came on for 14 hearing before the New Mexico Environmental Improvement 15 soard, taken at the State Capitol Building, Room 307, 16 santa Fe, New Mexico, at the hour of 10:30 a.m. 17 18 19 20 21 22 23 24 25

1 APPEARANCES 2 For the Environmental Improvement Board: 3 DEBORAH PEACOCK GREGORY H. FULFER 4 5
6
7 8 9 10 11 JAMES R. CASCIANO JOHN MICHAEL VOLKERDING, Hearing Officer TIMOTHY l. MORROW JEFFREY W. BRYCE ELIZABETH RYAN STEPHEN VIGIL Assistant Attorney General civil Division office of the Attorney General POst office Drawer 1508 santa Fe, New Mexico 87504-1508 (505) 827-6040 svigil@nmag.gov
12 For the Environmental Protection Division: 13 14 15 16 17 18 19 20 21 22 23 24 25 Bill GRANTHAM Assistant General Counsel office of General counsel New Mexico Environment Department 1190 st. Francis Drive santa Fe, New Mexico 87505 (505) 827-2824 bill.grantham@state.nm.us 1 2 3 I N 0 E X

4 WITNESSES: 5 GAIL COOKE and RITA BATES 6 Direct Examination of Gail COoke 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 by Mr. Grantham Examination by the Board

1 E X H I B I T S 2 3 NMEO: 4 1. Resume of Gail cooke 5 2. written Testimony of Gail cooke 6 3. 7 Proposed Infrastructure SIP for Revised Lead NAAQS
a 4. Fact sheet on Final Revisions to the 9 Lead National Ambient Air Quality 10 standard 11 5. June 17, 20ll, Draft Guidance on SIP 12 Elements Required Under Sections 13 110(a)(1) and (2) for the 2008 Lead 14 (Pb) National Ambient Air Quality 15 standard (NAAQS) 16 6. Affidavits of Public Notice 17 7. Letter to small Business Advisory 18 commission 19 8. Draft letter for submittal of SIP to 20 EPA by Governor Martinez 21 9. Proposed order and Statement of Reasons 22 10. EPA Convnents Received July 15, 2011 23 24 25 KATHY TOWNSEND COURT REPORTERS 505·243-5018 PAGE

7 11

ADMITTED

19 19

19

19

19 19
19

19 19 19EIB HEARING, 8/1/11

1 MR. VOLKERDING: Good morning. 2 My name is John Volkerding, and I was 3 designated by the Environmental Improve111ent Board to act 4 as Hearing officer in this matter. 5 This hearing is being held to consider 6 approving an infrastructure state**i~lementation** plan 7 for the implementation of the revised National Ambient S Air QUality Standard for lead. The rulemaking petition 9 was filed by the Environment Department and docketed by 10 the administrator as EIB 11-07. 11 The hearing will be conducted in accordance 12 with the Board's rulemak1ng procedures set up in 20.1.1 13 NMAC. Pursuant to those procedures, I will conduct a 14 hearing so as to provide a reasonable opportunity for 15 all persons to be heard without making the hearing 16 unreasonably lengthy. 17 The Rules of Civil Procedure and the Rules of 18 Evidence do not apply, but I will make whatever orders 19 are necessary to preserve decorum. 20 All testimony**~11** be taken under oath, and 21 all persons giving testimony will be subject to 22 cross-examination by any other persons in attendance on 23 the subject matter of their testi!IIOny and on matters 24 affecting their credibility. I may limit 25 cross-examination if necessary to avoid harassment,

1 intimidation or repetition. 2 This hearing is being recorded and transcribed 3 by Cheryl Arreguin of Kathy Townsend Court Reporters. 4 You may obtain a copy of the transcript directly from 5 the court reporter. It also eventually becomes a public 6 record viewable in the office of the Board 7 ad'ninistrator. B If you have not signed in, please do so, 9 regardless of whether you Wish to present testimony or 10 not. 11 If you have a phone or pager with you, please 12 silence it now. 13 Board members, the file contains the Petition 14 for Hearing and the Department's Notice of Intent to 15 Present Technical Testimony. 16 No other person has entered an appearance or 17 submitted written comment to the administrator. 18 Mr. Grantham, please make your appearance and 19 introduce your witnesses. 20 And are there any preliminary matters before 21 we begin? 22 MR. GRANTHAM: Good morning, Mr. Hearing 23 Officer, Madam Chair, members of the Board. 24 My name is Bill Grantham. 25 I have no preliminary matters before we 1 commence the hearing. 2 With me today, joining me on this hearing is 3 Gail Cooke, who is an environmental planner with the Air 4 Quality Control Bureau. And as with the last hearing, 5 testimony was prefiled. So with your permission, I'd 6 1ike to proceed directly to examining Ms. Cooke. 7 MR. VOLKERDING: Okay, Please proceed, have 8 the witnesses sworn in. 9 10 11 12 GAIL COOKE and RITA BATES having been first duly sworn or affirmed, was examined and testified as follows: DIRECT EXAMINATION OF GAIL COOKE 13 BY MR. GRANTHAM: 14 Q. Ms. Cooke, please state your name for the 15 record. 16 A. Madam Chair, members of the Board, my name is 17 Gai 1 cooke. 18 19 Q. And where are you employed? A. I work for the New Mexico Environment 20 Department Air Quality Bureau. 21 22 23 Q. How long have you been with the Bureau? A. For 12 years. Q. And what are your duties with the Air Quality 24 Control Bureau? 25 A. I develop and review state implementation

1 plans and community initiative projects, as well as 2 develop regulatory language and conduct public outreach. 3 Q. Is a copy of your resume included in the 4 notice· of intent? 5 6 A. Yes. It is at NMED Exhibit 1. Q. And did you provide written testi1110ny for this 7 hearing? B 9 A. Yes. It is at NMED Exhibit 2. Q. And do you adopt that testi1110ny today under 10 oath? 11 12 A. Yes, I do. Q. Could you please briefly describe the 13 Depart111ent's proposed SIP revision? 14 1'.. Yes, I will. 15 The Department proposes changes to the New 16 Mexico State Implementation Plan, or what I will refer 17 to as the SIP, for the new one-hour 1ead national 18 ambient air quality standard, which is a federal 19 standard. 20 On November 12th, 2008, the Environmental 21 Protection Agency issued a revised national ambient air 22 quality standard for lead. A fact sheet for this 23 revision is at NMED Exh'ibit 4. 24 under the Clean Air Act and EPA policy, this 25 triggered a requirement that EPA submit what is so-- KATHY TOWNSEND COURT REPORTERS 505-243-5018EIB HEARING, 8/1/11
11 1 what is called an infrastructure SIP within three years. 1 adoption of these regulations, and also at Exhibit 8 is 2 An infrastructure SIP is essentially a demonstration 2 a draft letter from the Governor to EPA. transmitting the 3 that the state has the basic authorities and capacities 3 SIP. 4 to implement, maintain and enforce the revised 2008 lead 4 such letters are part of all transmission

-- 5 National Ambient Air QUality Standards. 5 of all SIP transmittals to EPA. as required by federal 6 A copy of the Department's proposed lead 6 regulations and included as an exhibit in this 7 infrastructure SIP is included at NMED Exhibit 3. 7 particular SIP because the effect of the SIP is 8 The SIP is in the form of a matrix with the a basically a certification by the Governor that existing 9 relevant clean Air Act sections on the left and a 9 measures are sufficient to meet requirements for this 10 description of how New Mexico complies with the 10 new lead NAAQS. 11 requirements on the right. 11 So we thought it was appropriate for that 12 The Department is not proposing any new 12 draft letter to be subject to the hearing and subject to 13 regulations or programs as part of this SIP revision. 13 public notice. 14 Q. And, Ms. Cooke, did the Depart111ent provide 14 And**~th** that, I have no further questions, 15 public notice of this proposal? 15 and we stand for questions. 16 A. Yes, we did. In accordance with the EIB 16 MR. YOLKERDING: Okay. 17 rulemaking regulations, on May 31st, 2011, public notice 17 Members of the Board, any questions for the 1a was published in the New Mexico Register and Albuquerque 1a witnesses? 19 Journal in English and spanish. Proof of the 20 publication is at NMED Exhibit 6. 21**Netic~** of the hearing was also provided to the 22 Small BUsiness Regulatory Advisory commission through 23 the letter at NMED Exhibit 7. 24 Also, an open house was held in santa Fe on 25 June 6, 2011, but no members of the public attended. lD 1 The only comments the Department received were 2 from EPA. Region 6 which did not

-- which we did not 3 receive until July 15th. Those com111ents are contained 4 in an E-mail at NMED Exhibit 10. 5 Region 6 comments were basically on the draft 6 guidance issued by EPA. on June 17th, 2011, for the lead 7 infrastructure SIPs, oM-lich is included as NMED a Exhibit s. 9 Q. And were EPA's colllllents incorporated into the 10 proposed SIP? 11 A.. Yes, they were. The changes that are shown in 12 underline and strike-out in the proposed infrastructure 13 SIP at NMED Exhibit 3 are in response to EPA's colllllents 14 to their draft guidance which was issued on June 17th, 15 2011. 16 Q. And is that the version of the SIP that the 17**Departr~~ent** is proposing that the Board adopt? 18 A. Yes, it is. And I respectfully request that 19 the Board adopt the lead infrastructure SIP as contained 20 in EXhibit NMED 3. 21 22 Q. Thank you. Mr. Hearing officer, I have no further 23 questions, 24 Also in the notice of intent is

-- at 25 Exhibit 9 is a proposed statement of reasons for 19 EXAMINATION 20 BY THE BOARD: 21 22 MR. FULFER: Yeah. Is there much lead in New Mexico? Is this

-- 23 MS. COOKE: Actually, in my testimony, we talk 24 about that a bit. There are actually no major lead 25 sources in New Mexico. And in fact, combined point area 12 1 sources are less than one ton. 2 But regardless of the fact, we still need to 3 have

-- we still need to show that we have the ability 4 to implement, maintain and enforce the standard because 5 it's a federal standard and it's required under the 6 Clean Air Act that we do that. 

# ' a MR. FULFER: Thank you. MR. CASCIANO: In your Exhibit Number 3, can 9 you clarify the strike-through was based on EPA. Region 6 10 comments? Are all the strike-through and all the 11 underline part of EPA's recommendations, or is some the 12 Department's and some EPA.' s? 13 MS. COOKE: All of them are based on EPA's 14 comments or on the guidance that was issued on 15 June 17th. So they're basically a11 EPA. conments. Yes. 16 MR. CASCIANO: And on the first page there at 17 the bottolll, there's an acronym, CBSA., with a population 1a of 5,000. 19 20 21 MS. COOKE: Um-hum. MR. CASCIANO: what does that stand for? MS. COOKE: That's

-- is it based

-- I think 22 it's Co111111unitY Based Statistical Area. It's a 23 metropolitan area, and it's based on the statistical 24 size of the area. It's based on -- say like in 25 Albuquerque, they have-- it's like an MSA.. They have a KATHY TOWNSEND COURT REPORTERS 505-243-5018

### EIB HEARING, 8/1/11
ll 1 Metropolitan**statistica~** Area. It.'s the same type of 2 thing. 3 4 5 6 7 8 MR. CASCIANO: okay. If that can be defined somewhere, spelled out

-- MS. COOKE: Yes. MR. CASCIANO: --that would be helpful. MS. COOKE: Yes, MR. CASCIANO: And then on the next page, the 9 second box down on the right, I think the requirements 10 summary has to do with National Ambient Air Quality . 15 1 MS. COOKE: They're not separate entities that 2 go 1nt.o one -- if you want to look at it like a living, 3 4 5 6 7 8 planning document, an ongoing

-- it's an ongoing process with it. MR. CASCIANO: But this section appears to cover lead, and that's why I was a little confused, because there's a greenhouse gas reference link to a national ambient air quality standard where there is 9 none for greenhouse gases. so it doesn't seem 10 appropriate. 11 Standards, and what was added was a reference to Hnking 11 MS. BATES: If I can interject. 12 PSD with greenhouse gases in accordance

-- is there a 13 national ambient air quality standard for greenhouse 14 gases? 15 MS. COOKE: No, there is not. And this is 16 actually a requirement that was given to us under the 17 EPA guidance that was issued on June 17th, that they

-- 18 for all infrastructure SIPs, they want to show that 19 certain provisions for New Source Review, which includes 20 prevention of significant deterioration, are included in 21 the overarching programs for that permitting process. 22 so -- and this was -- in this instance, 23 they've requested that the state, if it hasn't adopted a 24 tatloring rule, include that in the listing of PSD 25 programs that the state has. 14

1 MR. CASCIANO: And you called this a 2 structural SIP? 3 MS. COOKE: It's an infrastructure SIP, is 4 what EPA has given the name as. 5 MR. CASCIANO: can you help me understand 6 that? Is there more than one state implementation plan, 7 or SIP, for New Mexico? 8 MS. COOKE: Actually, the state has one large 9 state irnplementation plan, and everything that we do 10 actually goes into that plan, regulatory, this type of 11 plan. That actually goes into-- if it's --if it's 12 required by the federal government, we have to submit 13 that to them, and then it becomes part of that 14 overarching state**i~plementation** plan. That's the 15 reason this is called a SIP revision. 16 And with this revision, it also is 17 incorporated into that overarching plan. But the plan 18 that started in the early ,·70s, and things

-- we just 19 continue to add and revise 1t. so this is

-- this is 12 We don't always understand why EPA does what 13 they do either, but they did request that we put that in 14 there. It is a rule that was adopted by this Board that 15 was required to be adopted under the New Mexico Air 16 Quality control Act that requires that we be at least as 17 stringent but no more stringent than federal 18 requirenents. 19 And so it doesn't --we don't feel that it 20 hurts anything to put it in there, but we don't quite 21 understand why they wanted it in here either. 22 MR. CASCIANO: Are there other sections of the 23 state SIP that deal with PSD, or prevention of 24 significant deterioration, rules where this might be 25 more ·appropriately placed? 10

1 MS. BATES: That is part of the state SIP. 2 Those rules are in the state SIP. And basically, what 3 we're asking to be adopted here is almost like a table 4 of contents of what's already in our SIP. we're not 5 adding any new requirements, we're just showing EPA what 6 we already have that will allow us to inplement the lead 7 standard. 

### a MS. PEACOCK: I have a question on page 7. 9 It says New Mexico submitted its visual haze 10 SIP to EPA in June. 11 Did they ever respond? 12 MS. BATES: No. we'haven't gotten a response 13 yet. They're reviewing it. 14 And I did ask them how's it going, and they 15 said, ''we're trying to determine how to respond." And 16 that's all the response I got. 17 MS. PEACOCK: And we would appreciate knowing 18 'Mlen they do respond what they have to say. 19 20 just a revision to that overarching state implernentation 20 21 plan. 21 MS. BATES: Great. I'll let you know. MS. PEACOCK: Okay. MR. GRANTHAM: They are under a deadline of 22 MS. BATES: Maybe it would help if I remind 23 you that the regional haze SIP also was really just a 24 portion of New Mexico's SIP. 25 MS. RYAN: Okay. 22 AUgust 5th, at least in respect to the interstate 23 transport SIP, which, as you know, is closely related to 24 the region haze SIP, so we expect that they will be

-- 25 we'll be hearing something from them very soon. 

### KA IHYTOWNSEND COURT REPORTERS 505-243-5018EIB HEARING, 8/1/11

1 MS. PEACOCK: Thank you. 2 MR. VOLKERDING: I kind of wanted to follow up 3 on Member Casciano's question talking about the 4 hypothetical. 5 In terms of if the Board were to exclude the 6 sentence on greenhouse gases, would EPA have

-- I mean, 7 what kind of responses would we get? 8 And the only reason I'm asking is that, you 9 know, the original petition was really on lead, and then 10 this kind of was an outgrowth from their conments. And 11 so I'm just curious. 12 MS. BATES: I think you can kind of look at 13 this the way we looked at the infrastructure SIP that we 14 did for regional haze, which was based on the 1997 and 15 2008 PM,_, and ozone standards, and they requ1red that we 16 have the regional haze SIP in place in order to meet 17 that infrastructure requirement. 18 so in a way, you know, we don't

-- like I 19 said, we don't always understand why EPA does what they 20 do. we would prefer that they did not implement a 21 Federal Implementation Plan for New Mexico because we 22 leave that out. So we feel that it doesn't hurt our 23 proposal. 24 This was something that was done

-- that was 25 called the tailoring rule, that just was a federal 18

1 requirement under the permitting guidelines that as a 2 state, according to the New Mexico Air QUality Control 3 Act, we're required to be at least as stringent as EPA 4 requirements. We don't feel it harms the infrastructure 5 SIP to leave it in. 6 MR. VIGIL: Ms. Bates, are you referring to 7 the tailoring rule that was adopted by the previous 8 Board, I think the case number was 10-0S(R)? 9 10 11 MS. BATES: That sounds right. MR. VIGIL: Okay. MS. BATES: It basically adopted changes to 12 our permitting rules. 1) MR. BRYCE: when the smelter closed down in 14 2009, that should have eliminated or diminished any air 15 emissions of lead from that facility, was there some 16 sort of monitoring that was done for the environment of 17 that facility that was closed down? 18 MS. BATES: Actually, I don't believe that 19 lead was an issue with those smelters. They were -- 20 MS. COOKE: He's referring to Asarco. 21 22 MS. BATES: Oh, Asarco in El Paso? MS. COOKE: Yeah. The Asarco smelter. 19 1 actually

-- when they shut down, they were trying to 2 reopen and trying to get a new permit for that, and it 3 ended up it was going to be too costly, so they decided 4 not to. 5 During that time period, I'm not aware if 6 Texas did any monitoring or if

-- I know New Mexico did 7 not do any lead monitoring. And so as far as the levels 8 at that time, I'm not sure. 9 MR. BRYCE: Is it the facility right on the 10 border, or is it

-- 11 MS. COOKE: Yes. If the stack fell over, it 12 falls into Sunland Park, New Mexico. I 11ean, it's right 13 there on the State line. 14 so that was the only major source that we had 15 at that time. So like I said, it has now shut down now. 16 MR. BRYCE: Okay. 17 MR. VOLKERDING: Are there any other questions 18 or**co~~~~~ents** from the Board? 19 Not hearing any. Do you have exhibits that you want to

-- 20 21 22 MR. GRANTHAM: Thank you, Mr. Hearing Officer. I did neglect to**~ve** for admission of 23 Exhibits NMED 1 through 10. 24 MR. VOLKERDING: Okay. So admitted. 25 (Exhibits NMED 1 through 10 admitted into
20 evidence.) 1 2 MR. \IOLKERDIHG: No one else has submitted a 3 notice of intent to testify. 4 Is there anyone who would like to make 5 nontechnical public conment at this time? 6 Okay. Not seeing any. 7 Mr. Grantham, do you have a brief closing 8 statement? 9 MR. GRMTHAM: Mr. Hearing Officer, me11bers of 10 the Board, the Department respectfully requests that the 11 Board adopt the infrastructure SIP for the new lead 12 NAAQS for the reasons given in the written and oral 13**testi~ny.** 14 15 Thank you. MR. \IOLKERDING: Is there any reason to 1eave 16 the record open at this time? 17 If not, the record is closed, and the hearing 18 is adjourned. 19 20 21 22 Thank you all for participating. Madam Chair, turn it over to you. MS. PEACOCK: Okay. And I know that we can deliberate on this 23 New Mexico was not doing lead monitoring down 23 right now. 24 in the southern part of the state. The smelter actually 24 Any motions? 25 shut down in the early-- late 1990s, and they were 25 Any c011111ents first? KATHY TOWNSEND COURT REPORTERS 505-243-5018

### EIB HEARING, 8/1/11
21 1 MS. RYAN: 1 'd jUSt 1ike to make the corm1ent 2 that, I guess, I'rn not as concerned about these 3 particular regulations just because we don't have, as 4 was stated, like a significant source of lead in our 5 state right now. 6 So I'm not as afraid to --or care-- you 7 know, overly fearful of going

-- you know, approving of a all these changes and so forth, just because it doesn't 9 seem to be a big deal here. 10 so I'm-- I'm quick to go ahead and, you know, 11 approve of them, personally. 12 MS. PEACOCK: Are you making a motion? 13 MR. CASCIANO: I had one other comment. 14 I just wanted to say that it's important for 15 the state to keep its implementation plan up-to-date, 1 STATE OF NEW MEXICO ) 2 ) ss. 3 COUNTY OF BERNALILLO ) 4 5 6 I, CHERYL ARREGUIN, the officer before whom the ? foregoing proceeding was taken, do hereby certify that 8 the witnesses whose testi1110ny appears in the foregoing 9 transcript were duly sworn or affirmed; that I 10 personally recorded the testimony by machine shorthand; 11 that said transcript is a true record of the testimony 12 given by said witnesses; that I am neither attorney nor 13 counsel for, nor related to or employed by any of the 14 parties to the action in which this proceeding is taken, 15 and that I am not a relative or employee of any attorney 16 or counsel employed by the parties hereto or financially 1? interested in the action. 16 and I applaud the efforts of the Department to do that 18 17 and would encourage you to, you know, have a strong-- a 18 very strong, protective of the environment, effective 19 air permitting and regulatory review program such that 20 if we do have comments we can push back on the EPA, 19

20

21 

### ORIGINAL 

### SIGNED SY**CH~** 

### A'f'I"'EGUIN CCR License Number: 21 Expires: 12/31/2011 21 especially the region, since the region's interpreting 22 the national direction. 23 And there's some wiggle room there, but the 22 My co11111ission expires: 12/12/11 23 24 key to being effective is to having a strong state 24 25 program that is in conformance. So you have to pick 25

1 where you push back. 2 So I appreciate that and appreciate your 3 efforts to keep this program strong, even though we 4 don't have significant lead sources -- 5 6 MS. RYAN: Right. MR. CASCIANO:

-- at this time. It does 7 appear very well done. 8 MS. RYAN: I move to approve of all of the 9 changes to

-- as proposed by NMED on -- subsection 10 10(a)(2), SIP requirements for lead. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CASCIANO: I second. MS. PEACOCK: All in favor? (Simultaneous responses.) MS

. PEACOCK: Any opposed? Approved. Thank you. MS. COOKE: Thank you. MR. GRANTHAM: Thank you. (Proceedings adjourned at 10:50 a.m.)



### KATHY TOWNSEND COURT REPORTERS 505-243·5018

### EIB HEARING, 8/1/11 

## 1

0 

### 4 admission 111- A&slstani[2J- 2:7, 9:22 19:22 2:13 BYt2J-7:13, 11:20 ADMITTED tOJ- 4:2 attendance(tJ

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### B 22:11 11(1]- 3:8 6 (6}- 4:16, 9:20, afflnned 121
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- 15:14, 17:5, 18:8, 20:25, 21:20 4:22,9:17,9:25, 10:6, act(1J- 5:3 15:25 19:18,20:10,20:11 Comments111- 4:22 10:15 approve121

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- 21 :2 10:20, 12:8 adding{1]- 16:5 12:23, 12:24 18:13, 19:9, 19:16 conduct121- 5:13, 307[1J-1:15 adjourned 121
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- 4:17, 21:25 

### KATHY TOWNSEN COURT REPORTERS 

### D 505-243-5018confused ftJ- 15:6 consider [tJ- 5:5 contained 121

- 10:3, 10:19 contains 111- 6:13 contents [tJ- 16:4 continue [tJ- 14:19 Control [4)- 7:4, 7:24, 15:16, 18:2

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cooke111
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- 5:22, 5:25

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- 5:3 EIB HEARING, 8/1/11

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### E Examln&Uon 111- 

### G 3:6

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### F 6:18, 6:24, 20:7

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## 2
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- 10:9, 14:17Infrastructure111- 4:6

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### J

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## K
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lead 1211·5:8, 8:17, 

### EIB HEARING, 8/1/11

8:22, 9:4, 9:6, 10:6, MEXICO 121· 1:1, 4:14, 5:7, 9:5, 13:10 10:19, 11:10, 11:22, 23:1 NATIONAL [1) • 1:5 11 :24, 15:6, 18:6, Mexleo (19] -1:14, necessary[2]- 5:19, 17:9, 18:15, 18:19, 1:16,2:9, 2:14, 2:15, 5:25 18:23,19:7,20:11, 7:19, 8:16, 9:10,9:18, nsed121 • 12:2, 12:3 21:4, 22:4, 22:10 11:22,11:25,14:7, neglect[1J • 19:22

LEAD 111 • 1:5 15:15, 16:9, 17:21, newJBJ • 8:17, 9:12, Jeast[3)·15:16, 18:2, 18:23, 19:6, 11:10, 16:5,19:2, 16:22, 18:3 19:12 20:11

leave [31 - 17:22, Mexico's 111 - 14:24 NEW121 -1:1,23:1 18:5, 20:15 MICHAEL 111 • 2:4 Newl2tl -1:14, 1:16,

leflltl- 9:9 might111 • 15:24 2:9,2:14,2:15, 7:19, lengthy111

- 5:16 monitoring [4)- 8:15,9:10,9:18, less111 • 12:1 18:16, 18:23, 19:6, 11:22,11:25,13:19, Letter[tJ • 4:17 19:7 14:7, 14:24, 15:15, Jetter£41 • 4:19, 9:23, morning 121- 5:1, 16:9, 17:21' 18:2, 11:2, 11:12 6:22 18:23, 19:6, 19:12

letters(1] - 11 :4 MORROW 111 •2:5 nextrtJ -13:8 levels [1) • 19:7 motion 111 - 21 :12 NMAC 111 • 5:13 License 111- 23:20 motions 111- 20:24 NMED lt<J •4:3, 8:5, llmlt[1J •5:24 move121

- 19:22, 8:8, 8:23, 9:7, 9:20, Jlne[tJ -19:13 22:8 9:23, 10:4, 10:7, link 111- 15:7 MR!341 • 5: 1 , 6:22, 10:13, 10:20, 19:23, linking 111-13:11 7:7,7:13,11:16, 19:25,22:9 JlsUng [1). 13:24 11:21, 12:7, 12:8, none111 - 15:9 Jiving 111

- 15:2 12:16, 12:20, 13:3, nontechnical 111
- look[2)·15:2, 17:12 13:6, 13:8, 14:1, 14:5, 20:5 looked£11·17:13 15:5, 15:22, 16:21, NOTARYrtJ- 23:19 17:2, 18:6, 18:10, notice [7)- 8:4, 9:15, 

### M 18:13, 19:9, 19:16, 9:17, 9:21' 10:24, 19:17, 19:21, 19:24, 11:13, 20:3 20:2,20:9, 20:15, Notice121- 4:16, machine111- 23:10 21:13,22:6,22:11, 6:14 Madam 131 • 6:23, 22:18 Novemberrtl- 8:20 7:16, 20:20 MS !361·11:23, Number[2) • 12:8,

mallrtJ-10:4 12:13, 12:19, 12:21, 23:20 maintain (2]- 9:4, 13:5, 13:7, 13:15, number[tl· 18:8 12:4 14:3, 14:8, 14:22,

mal<>r 121· 11:24, 14:25,15:1,15:11, 

## 0 19:14 16:1, 16:8,16:12,

Martinez111 • 4:20 16:17, 16:19, 16:20, matrix111 · 9:8 17:1, 17:12, 18:9, oath[21· 5:20, 8:10 MATTERitJ·1:4 18:11,18:18,18:20, obtain 111· 6:4 matter[J) -1:13, 5:4, 18:21,18:22, 19:11, 0F[7)·1:1, 1:4, 1:5, 5:23 20:21,21:1,21:12, 1:10,7:12,23:1, 23:3

mstters131

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moen121

- 17:6, MSA[tJ-12:25 2:14 19:12 officer111- 23:6

measures [1)- 11:9 

### N Officer[8J· 2:4, 5:4, maet121 -11:9, 6:23, 10:22, 19:21, 17:16 20:9

Member111· 17:3 NAAQS [41 • 4:7, one[7)·8:17,12:1, members[6] - 6:13, 4:15,11:10,20:12 14:6, 14:8, l5:2, 20:2, 6:23, 7:16, 9:25, namerSJ • 5:2, 6:24, 21:13 7:14, 7:16, 14:4 11:17,20:9 one-hour [11 - 8:17 nstlonal [5) • 8:17, metropolitan111 • ongoing 121- 15:3 8:21, 13:13, 15:8, 12:23 21:22 open121

- 9:24,

Metropolitan 111

- 20:16 National ISJ- 4:9, 13:1 opportunity111

- 

### KATHYTOWNSEND COURT REPORTERS 505-243-5018 

## 3

5:14

opposed 111-22:14 oral 111· 20:12 Orderrtl • 4:21 orderrtl -17:18 orders111

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PAGE 111 • 3:3 page[J) ·12:16, 13:8, 16:8

pager111

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particular121 • 11 :7, 21:3

partlss 121· 23:14, 23:18

PasortJ-18:21 PbJtJ·4:14 PEACOCK191 •2:3, 16:8, 16:17, 16:20, 17:1,20:21,21:12, 22:12, 22:14

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PSD(3J-13:12, 10:5, 12:9 Revlslons[lJ- 4:8 13:24, 15:23 region'&Ill- 21:21 REVISIONS111- 1:4 PUBLIC111- 23:19 reglonal(3)

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### Q relevant 111- 9:9 22:8 REMEMBERED 111- 1:12 

# s quallly1<1- 8:18, remind 111· 14:22 6:22, 13:13, 15:6 reopenp]-19:2

QUALITY 111

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recorded 121- 6:2, reeums1n- 8:3 Slmultaneous(1J23:10 Resume111- 4:4 22:13

refer 111- 8:16 Revlew(lJ-13:19 SIP 1381- 4:6, 4:11, reference121
- 13:11, review[2J- 7:25, 4:19,6:13,8:17,9:1, 15:7 21:19 9:2, 9:7, 9:8, 9:13, referring[21
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region 121- 16:24, Revleed 111- 4:7 15:23, 16:1, 16:2, 16:4, 16:10, 16:23, 21:21 revision 161- 6:13, 16:24, 17:13, 17:16,

Region 131- 10:2, 8:23,9:13, 14:15, 18:5,20:11,22:10 14:16, 14:20 KATHY TOWNSEND COURT REPORTERS 505-243-501 B 

### 4

SIPS12J -10:7, 13:18 slze[l)-12:24**Small~~-** 4:17, 9:22 smslter[JJ-18:13, 16:22,16:24 smelters[lJ-18:19 somewhere 111- 13:4

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Standard[31
- 4:10, 4:15,5:8

STANDARD 111

- 1:5 standard**1~** - 8:18, 8:19, 8:22, 12:4, 12:5, 13:13, 15:8, 16:7 standards(1]-17:15 Standards 121- 9:5, 13:11

started(l)-14:18 state(20)- 5:6, 7:14, 7:25, 9:3, 13:23, 13:25, 14:6, 14:8, 14:9, 14:14, 14:20, 15:23, 16:1, 16:2, 18:2, 18:24, 19:13, 21:5,21:15,21:24**STATE~r-1:1,1:4,** 23:1

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subsection 111- 22:9 sufflclenl{1)- 11 :9 summary111
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- 7:8, 7:10, 23:9 

### T

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- 5:20, 5:21' 5:23, 6:9, 7:5, 8;6, 8:9, 11 :23, 20:13,23:8, 23:10, 23:11

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- 9:1 llMOTliV111· 2:5 T0i1J·1:4 today121- 7:2, 8:9 ton(1J -12:1 Townsend 111- 6:3 transcribed 111- 6:2 TRANSCRIPT111 • 1:10 transcrlpl[3J- 6:4, 23:9, 23:11

transmission 111- 11:4 transmittals111 • 11:5 transmitting [11- 11:2 traneport[1]- 16:23 triggered111

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wrttten 141- 4:5, 6:17, 8:6, 20:12 

### y

yeara**~~-** 7:22, 9:1

KATHY TOWNSEND COURT REPORTERS 505-243-5016 

## 5ti


### STATEOFNEWMEXICO ENVIRONMENTALIMPROVEMENT BOARD IN THEMATTEROFPROPOSEDREVISIONS TOTHESTATE IMPLEMENTATIONPLAN FORINFRASTUCTURE OFLEADNATIONAL AMBIENTAIRQUALITYSTANDARD No. EIB 11-07(R)



### ORDERAND STATEMENTOFREASONS FORADOPTION OFSIPREVISIONS

ThismattercomesbeforetheNewMexico Environmental Improvement Board ("Board") upon a petition filed bytheNewMexico EnvironmentDepartment ("NMED" or "Department"), proposing adoption ofan "infrastructure" state implementationplan ("SIP") for implementation oftherevised National AmbientAir QualityStandard ("NAAQS") for lead. The Board heard testimony from the Department and admitted exhibits into therecord. On August 1, 2011 the Board deliberated and votedto adoptthe proposed amendments for thereasons that follow: STATEMENTOFREASONS 1. 

### The federal Clean Air Act ("CAA") at Section 110 requires each state to submit a plan (State Implementation Plan or "SIP") for the implementation, maintenance, and enforcement ofeach National Ambient Air Quality Standard ("NAAQS"), within three
years

### ofthe promulgationbytheU.S. Environmental ProtectionAgency ("EPA") ofsuch

astandard. 42 U.S.C. 

### §7410 (a) (1). 

### 2. CAA Section 110 sets forth the general elements which must be contained in the SIPs, generally referred to by the EPA as the "infrastructure" elements ofSIPs. 42 U.S.C. 

### § 7410(a)(2)(AHM).

EIB No. 11-07 Statement ofReasons and Order Page 1of4

### 3. 

### In 2008, EPA revised the NAAQS for lead, from 1.5 p.glm3

### to 0.15 p.glm3
, 

### triggering the requirement for states to submit infrastructure SIPs for the revised lead NAAQS within 3 years. 4. New Mexico contains no major sources oflead emissions, and emissions oflead from all

area sources within the state are approximately 0.5 tons per year. There are no nonattainment areas for lead in ornearNew Mexico. 

### 5. The current infrastructure elements of New Mexico's SIP are sufficient to ensure implementation and enforcement of the revised lead NAAQS. NMED's proposed infrastructure SIP therefore consist ofa demonstration ofthe sufficiency ofthe existing SIP, compiled 

### ina matrix format. 6. UnderEPA's interpretation ofthe CAA, where a state determines that its existing SIP is adequate to 

### meet infrastructurerequirements for a revised NAAQS, the state may satisfY the requirements ofSection 110 through a certification letter from the governor, after an opportunityfor apublic hearing. 7. 

### In accordance with this policy, NMED petitioned the board for hearing to approve the Department's finding thatthecurrent SIP is sufficient. 8. Pursuant to 20.1.300.A NMAC, any person may petition the Board for amendment of regulationswithinthejurisdiction oftheBoard. 9. 

## OnApril 15, 2011, NMED filed apetition with the Boardfor apublichearingin this
matter. 10. OnMay 2,2011, at a meeting conducted 

### incompliance with the OpenMeetings Act and other applicablerequirements, the Board granted theDepartment'srequest for ahearing.

EmNo. 11-07 Statement ofReasons and Order Page 2 of4

### ' 

## ,.

II. OnMay31,2011,Notice ofHearingwaspublishedintheAlbuquerque Journal (in English and Spanish). SeeNMED Exhibit 6b. 12. OnMay31,2011,Notice ofHearingwas published in theNewMexico Register. See NMED Exhibit 6a. 13. NMEDfiled a Notice ofIntent to 

### PresentTechnicalTestimony (NOI) on July 15, 2011, in accordance with 20.1.1.302 NMAC. 14. A hearingwas held in this matteronAugust I, 2011 inSantaFe, NewMexico. 15. The Board has the authority to 

### approve this proposed SIP pursuant to 

### NMSA 1978 

### § 74- 2-5 (B) (2). 16. The Board approves of NMED's proposed SIP, as contained in NMED Exhibit 2 admitted at the hearing, as satisfying the applicable requirements ofCAA Section II0 withrespect to therevised leadNAAQS. The Board questions and is uncomfortable with the reference in Section IIO(a)(2)(C) to National Ambient Air Quality Standards for Greenhouse Gasses ("GHGs") as there is currently no ambient air quality standard for GHGs. 17. The proposed SIP satisfies the statutory requirements ofthe Air Quality Control Act, NMSA 1978, Section74-2-5.E. 18. The notice and hearing requirements ofNMSA 1978 Section 74-2-6 and 20.1.1 NMAC

were satisfied inthis rulemakingprocess. 19. Theproposed amendments are adopted for any or all ofthereasons stated above. 

### ORDER Bymajority vote ofa quorum oftheBoard members, theproposedregulatoryrevisions

were approvedbytheBoard on August I, 2011. Upon signatureofthe certification letterby
Effi No. 11-07 Statement ofReasona and Order Page 3 of4**~··"**



### GovernorMartinez, the Department shall submitthe SIP as expeditiously as possible to the EPA

EIB No. 11-07 Statement ofReasons and Order Page4of4