Susana Martinez 

Governor 

September 9, 2011 

Dr. AI Armendariz 

Regional Administrator (6-A) 

State of New Mexico 

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 of the hardcopy. 

This SIP revision is being submitted to the EPA to fulfill New Mexico's requirements under Section 

11 O(a)(2) of the 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 of promulgation. 

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 • Santa Fe, New Mexico 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 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 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 NMAC are 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 in the approved SIP or recently submitted SIP 

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

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

Some requirements, such as intergovernmental consultation, air quality modeling, and 

compliance with Part D of Title I of the CAA, are fulfilled during the development and 

submission to EPA as a SIP revision of attainment plans. 
Lead Infrastructure SIP 

Page 2 of 7

State of New Mexico 

110(a)(2) SIP Requirements for Lead 

§ 110(a)(2) Requirement Summary New Mexico’s Requirements 

§ 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. 

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 lead in 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 3 of 7

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 schedule prescribed 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 4 of 7

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 5 of 7

§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 Requirements provide 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 Surveillance establishes 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 no significant 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 person causing 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 6 of 7

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 Deterioration following 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 7 of 7

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 Fees and 20.2.75 NMAC - 

Construction 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 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 I j 

BEFORE THE ENVIRONMENTAL IMPROVEMENT BOARD' ·\ 

IN THE MATTER OF PROPOSED REVISIONS 

TO THE STATE IMPLEMENTATION PLAN 

FOR INFRASTUCTURE OF LEAD NATIONAL 

AMBIENT AIR QUALITY STANDARD 

PETITION FOR REGULATORY CHANGE 

No. EIB 11-01 (R) 

The New Mexico Environment Department ("Department"), pursuant to 20.1.1 NMAC -

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

an "infrastructure" state implementation plan for the implementation of the revised National 

Ambient Air Quality Standard for lead. The proposed plan and a statement of reasons are 

attached. The Board is authorized to adopt these regulations by the Air Quality Control Act, 

NMSA 1978 § 74-2-5. 

The Department requests that the Board schedule the hearing for during its regular 

meeting in August 2011. The Department anticipates that its testimony regarding the Prui 99 

revisions will require approximately one hour. 

Respectfully submitted, 

NEW MEXICO ENVIRONMENT DEPARTMENT 

OFFICE OF GENERAL COUNSEL 

2z_ .. ---·-·:;_-? ---~--=· 

Bill Grantham 

Assistant General Counsel 

New Mexico Environment Department 

1190 St. Francis Drive, Suite N-4050 

Santa Fe, New Mexico 87505 

Telephone: (505) 827-2824 

bill.grantham@state.nm.us 

:,,,-_ ... , 
STATE OF NEW MEXICO 

BEFORE THE ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER OF PROPOSED REVISIONS 

TO THE STATE IMPLEMENTATION PLAN 

FOR INFRASTUCTURE OF LEAD NATIONAL 

AMBIENT AIR QUALITY STANDARD 

STATEMENT OF REASONS 

I. Introduction 

No. EIB 11- Dl (R) 

The New Mexico Environment Department proposes revisions to New Mexico's State 

Implementation Plan (SIP) under 11 O(a)(2) of the Federal Clean Air Act (CAA) for the revised 

National Ambient Air Quality Standard (NAAQS) for Lead. 

Section 110 of the CAA requires states to develop SIPs and programs to meet the NAAQS 

established by the United States Environmental Protection Agency (EPA) to protect public health 

and welfare. Section 110 of the CAA sets forth general elements for the implementation of SIPs. 

Section 11 O(a)(2) of the CAA requires states to submit SIP revisions to the Environmental 

Protection Agency (EPA) Administrator that provide for implementation, maintenance and 

enforcement of the NAAQS. 

On November 12,2008, EPA promulgated a revised NAAQS for lead. Section 110(a)(2) of the 

CAA requires states to submit to the EPA Administrator an "Infrastructure SIP" that addresses 

the requirements of section 110(a)(2)(A)--(M) of the CAA within 3 years after the promulgation 

of a NAAQS.TI1is SIP is a compilation of elements that demonstrates how the State ofNew 

Mexico will implement, maintain and enforce the revised lead NAAQS. The Infrastructure SIP 

revision must be adopted by the New Mexico Environmental Improvement Board in order to be 

included as part of New Mexico's state implementation plan. Once the Infrastructure SIP is 

adopted and approved by EPA, it will provide a Federally enforceable written confirmation of 

how New Mexico will continue to comply with the section 11 O(a)(2) requirements of the CAA 

for the lead NAAQS. 
II. Proposed Infrastructure SIP 

Executive Summary 

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

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

regulations, source-specific requirements, non-regulatory items such as plans and inventories, 

and in some cases additional requirements 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 of section l!O(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 arid 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 NMAC are part of the approved New Mexico SIP and are cited in 40 

CFR § 52.1620(c) unless otherwise stated. 

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

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

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

Some requirements, such as intergovernmental consultation, air quality modeling, and 

compliance with Part D of Title I of the CAA, are fulfilled during the development and 

submission to EPA as a SIP revision of attainment plans. 

Lead SIP Slatement of Reasons 

Page 2 of8 
State of New Mexico 

110(a)(2) SIP Requirements for Lead 

§ IIO(a)(2) Requirement Summary 

§ II O(a)(2)(A) Include enforceable emission 

limitations and other control 

measures, means, or techniques 

(including economic incentives 

sueh as fees, marketable permits, 

and auctions or emissions 

rights), as well as schedules and 

timetable for compliance. 

§ IIO(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. 

§ IIO(a)(2)(C) Include a program to provide for 

enforcement the of measures in § 

II O(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 NAA QS are 

achieved, including a permit 

program as required in parts·C 

and D. 

§ IIO(a)(2)(D) (i) Contain adequate provisions 

prohibiting any source or other 

type of emissions activity from 

Lead SIP Statement of Reasons 

Page 3 of8 

New Mexico's Requirements 

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 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 of New 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 SIP revisions 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 due to lack of lead major 

sources in the state. 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 

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 schedule prescribed by 40 CFR 

Part 58. 

NMED has established regulations governing the 

enforcement of control measures, including 

attainment plans and permitting programs that 

regulate construction and modification of stationary 

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 of air quality 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, or a 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 

canying out such 

implementation plan or portion 

thereof). 

Lead SIP Statement of Reasons 

Page 4 of8 

The closest lead nonattainment area 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 of point 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 of significant deterioration or 

for the protection of visibility 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 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 cany out the implementation plan 

are provided through General Funds, Pennit Fees, 

and the CAA §§ I 03 and I 05 grant process. 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, which New 

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 assurances that, 

(i)(i)(i) where the state has relied on a 

local or regional govemment, 

agency, or instmmentality for 

the implementation of any plan 

provision, the state has 

responsibility for' ensuring 

adequate implementation of such 

nlan orovision. 

§II O(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 

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 of Reasons 

Page5of8 

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 ofthe plan 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 of the CAA and its associated 

standards, regulations and state implementing 

directives. 

As discussed in greater detail in the item related to § 

II O(a)(2)(B) above, New Mexico currently does not 

maintain a network for monitoring ambient lead 

levels due to the lack of major 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-No11affainment Areas (pertaining to 

sampling and testing). 

Requirements in 20.2. 7.73 NMAC~ Notice of Intent 

and Emission Inventory Requirements provide 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 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/operator is 

unreasonably affecting the public health, safety or 

welfare, or the health of animal 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 state of emergency 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 
§II O(a)(2)(H) Provide for revision of such 

plan: 

(i) from time to time as may be 

necessary to take account of 

revisions of such national 

primary or secondary ambient 

air quality standard or the 

availability of improved or more 

expeditious methods of attaining 

such standard, and 

(ii) except as provided in 

paragraph (3)(C), whenever the 

Administrator finds on the basis 

of infom1ation 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 of a plan or plan 

revision for an area designated 

as a nonattainment area, meet 

the applicable requirements of 

part D (relating to nonattainmenl 

areas); 

§II O(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); 

Lead SIP Statement of Reasons 

Page 6 of8 

addresses air pollution episodes and the occurrence 

of an emergency due to the effects ofthc pollutants 

on the health of persons. 

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, 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 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. 

The SIP revision pertaining to §II O(a)(2)(D)(i) 

addresses the requirements of part D for 

nonattainment areas. 

Amendments to these requirements to fulfill recent 

federal requirements were submitted to EPA in 

September 2007. SIPs under Part D comply with all 

applicable requirements for each nonattainment area 

under CAA Sections II 0, 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 SIP revisions undergo public notice and hearing, 

which provides for comment by 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 of the I 05 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 Significant Deterioration following the 

requirements outlined in 40 CFR 52 under section 

161 of the CAA (42 U.S.C.A. § 7471) for prevention 
§ IIO(a)(2)(K) Provide for: 

(i) the perfonnance of such air 

quality modeling as the 

Administrator may prescribe for 

the purpose of predicting the 

effect on ambient air quality of 

any emissions of any air 

pollutant for which the 

Administrator has established a 

national ambient air quality 

standard, and 

(ii) the submission, upon 

request, of data related to such 

air quality modeling to the 

Administrator; 

§II O(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 O\'rner or operator 

receives a permit for such 

source, the reasonable costs of 

implementing and enforcing the 

tennS and conditions of any such 

pennit (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; 

§ IIO(a)(2)(M) Provide for consultation 

and participation by local 

political subdivisions 

Lead SIP Statement of Reasons 

Page 7 of8 

of significant deterioration. These provisions were 

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 20 II. 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 operating permit 

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 

of the department," requires advising; consulting; 
affected by the plan. 

Lead SIP Statement of Reasons 

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 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 departr'nent 

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 

ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER OF PROPOSED REVISIONS 

TO THE STATE IMPLEMENTATION PLAN 

FOR INFRASTUCTURE OF LEAD NATIONAL 

AMBIENT AIR QUALITY STANDARD No. EIB 11- 07 (R) 

ENVIRONMENTAL PROTECTION DIVISION'S 

NOTICE OF INTENT TO PRESENT TECHNICAL TESTIMONY 

Pursuant to 20.1.1.302.A NMAC, the New Mexico Environment Department (NMED) 

Environmental Protection Division ("the Division") hereby submits its Notice oflntent to present 

technical testimony in this proceeding. 

1. Person Represented By the Technical Witnesses. 

The New Mexico Environment Department, Air Quality Bureau, Environmental 

Protection Division. 

2. Name and Qualifications of Each Technical Witness. 

Gail Cooke. Ms. Cooke is an Environmental Planner/ Analyst in the Control Strategies 

Section of the 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 of Testimony and Anticipated Length of Testimony 

Ms. Cooke will testifY in support of adoption of the proposed state implementation plan 

(SIP) to satisfY the "infrastructure" SIP requirements of the federal Clean Air Act, Section 110. 

Her written testimony is submitted as Exhibit NMED 2. She will provide a brief summary of the 

NOTICE OF INTENT-PAGE I 
testimony, which is anticipated to be less than 10 minutes. 

4. Text of Recommended Modifications to the Proposed Regulatory Change 

The Division recommends that the Board adopt the proposed the proposed SIP as 

provided in Exhibit NMED 3. This exhibit shows, in red line/strikethrough, modifications from 

the proposed SIP a·s filed with the Division's petition of April 15,2011. 

5. List and Description of Exhibits 

The Division submits the following exhibits: 

EXHIBIT NUMBER TITLE OF EXHIBIT 

NMED I Resume of Gail Cooke. 

NMED2 Written Testimony of Gail Cooke. 

NMED3 Proposed Infrastructure SIP for Revised Lead 

NAAQS 

NMED4 Fact Sheet on Final Revisions to the Lead National 

Ambient Air Quality Standard 

NMED5 June 17, 20 II Draft Guidance on SIP Elements 

Required Under Sections II O(a)(l) and (2) for the 

2008 Lead (Pb) National Ambient Air Quality 

Standard (NAAQS) 

NMED6 Affidavits of Public Notice 

NMED7 Letter to Small Business Advisory Commission 

NMED8 Draft letter for submittal of SIP to EPA by 

Governor Martinez 

NMED9 Proposed Order and Statement of Reasons 

NMED 10 EPA Comments Received July 15, 2011 

6. Reservation of Rights 

This Notice oflntent to Present Technical 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 of intent or public comment filed in this matter or to any testimony or exhibit 

NOTICE OF INTENT-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 

New Mexico Environment Department 

1190 St. Francis Drive, Suite N-4068 

Santa Fe, New Mexico 87505 

505.827.2824 

bill.grantham@state.nm.us 

CERTIFICATE OF SERVICE 

I hereby certify that on July __ , 20 II, a true and accurate copy of above-entitled pleading 

was sent by first class mail and email to the Board Attorney at the following address: 

STEPHEN A. VIGIL 

Assistant Attorney General, Civil Division 

Office of New Mexico Attorney General Gary K. King 

408 Gal is teo Street 

P.O. Drawer 1508 · 

Santa Fe, NM 87504-1508 

(505) 827-6029 (Office) 

(505) 827-6478 (Fax) 

SVigil@nmag.gov 

Bill Grantham 

NOTICE OF INTENT- PAGE 3 
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( 

Gail F. Cooke 

EDUCATION 

Master of Urban and Regional Planning, Concentration: Environmental Planning, Virginia 

Tech, Blacksburg, Virginia, 1998 

Major Project: The Implementation of Virginia Erosion and Sediment Control Laws and 

Regulations. 

Bachelor of Environmental Design, Texas A&M University, College Station, Texas, 1995 

Other areas of study include Environmental Science, Soil Science, and Civil Engineering. 

WORK HISTORY 

State of New Mexico Environment Department, Air Quality Bureau 1999-Present 

Environmental Analyst/Planner- Public outreach, including preparing outreach material for the 

general public and organizing public meetings and open houses; preparation of emission 

inventory updates and maintenance plans for the State Implementation Plan submittals; 

development of local initiative plans to help reduce criteria air pollutants; reviewing of 

environmental assessments and environmental impact statements; grant writing; and regulatory 

development. 

Taschek Environmental Consulting 1998-1999 

Environmental Planner- General environmental planning; conducted environmental 

assessments, and initial site assessments; assisted in public outreach; assisted in transportation 

planning, and land use planning projects; and worked extensively with state regulations and 

federal rules, including the National Environmental Policy Act. 

RELEVANT PROJECT EXPERIENCE 

Plan and Regulation Development 

Developed and authored several federally mandated plans on various air quality issues 

throughout New Mexico. 

Assisted in the development of the 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 of Farmington, NM, Aztec, NM, 

and Bloomfield, NM; San Juan County, NM; the State of New Mexico; and the US 

Environmental Protection Agency. Job duties included plan development, preparation of fact 

sheets and other informational outreach material, the planning of open houses; and testifying 

before the Environmental Improvement Board 

Developed SIP Maintenance plans 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 both plans included plan development; preparation 

NMED EXHIBIT 1 
of emission inventory; adoption of plan; public outreach, and testifying before the Environmental 

Improvement Board. 

Acted as the lead in the adoption of revisions to 20.2.99 NMAC- Conformity to the State 

Implementation Plan a/Transportation Plans, Programs and Projects. The revisions to 20.2.99 

NMAC were in response to amendments made to the federal rule 40 CFR Part 93 -Determining 

Conformity of Federal Actions 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 of 20.2. 7 NMAC -Excess Emissions. The repeal and 

replacement of 20.2.7 NMAC was done to conform to requirements in the Clean Air Act. 

Extensive outreach and negotiations were done throughout the regulatory development process 

for 20.2.7 NMAC. The repeal and replacement of this regulation was adopted by the 

Environmental Improvement Board in 2008. 
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STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER OF THE PROPOSED STATE 

IMPLEMENTATION MAINTENANCE PLAN FOR 

THE LEAD NATIONAL AMBIENT AIR QUALITY 

STANDARD EIB 11-07 (R) 

WRITTEN TESTIMONY OF GAIL COOKE 

Witness Qualifications: 

Gail Cooke is an Environmental Planner/Analyst in the Control Strategies Section of the 

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. Her resume is attached as Exhibit 

NMED I. 

I. INTRODUCTION 

Madame Chair and Members of the Board, I am here to present testimony on the 

Department's proposed changes to the New Mexico State Implementation Plan (SIP) for the new 

!-hour lead National Ambient Air Quality Standard (NAAQS). From now on, I will refer to this 

plan as the Lead Infrastructure SIP. A copy of the proposed Lead Infrastructure SIP is included 

as Exhibit NMED 3. 

Section II 0 of the 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 

protect public health and welfare. Section II 0 of the CAA sets forth general elements for the 

implementation of SIPs. Section II O(a) (2) of the CAA requires states to submit SIP revisions to 

EPA's Administrator that provide for implementation, maintenance and enforcement of the 

NAAQS. EPA refers to this type of plan as an Infrastructure SIP. 

On November 12, 2008, EPA promulgated a revised NAAQS for lead (73 Fed. Reg. 

66964). Section IIO(a)(2) of the CAA requires states to submit to EPA an "Infrastructure SIP" 

that addresses the requirements of section II O(a)(2)(A)--(M) of the CAA within 3 years after the 

promulgation of a NAAQS. The Infrastructure SIP is a compilation of elements that 

demonstrates how the State of New 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 of New Mexico's overarching state 

implementation plan. If the Infrastructure SIP is adopted by the EIB and approved by EPA, it 

will provide a federally enforceable written confirmation of how New Mexico will continue to 

comply with the section IIO(a)(2) requirements of the CAA for the lead NAAQS. 

COOKE TESTIMONY- PAGE I 

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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 road dust also 

may contain naturally occurring lead as well as lead from industrial sources, deteriorated paint, 

and the combustion ofleaded gasoline and aviation fuel. The inhalation or ingestion of leadcontaining particles can result in lead poisoning, which has been associated with a number of 

short term (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 per cubic meter ([!glm\ This standard was not revised until 2008, when EPA 

lowered it to 0.15 [!glm. 3 EPA based its revision of the standard on scientific evidence about lead 

and health that had 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. 

Fact Sheet Final Revisions to the National Ambient Air Quality Standard for Lead. 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 currently no major point sources of lead in New Mexico and only around 0.5 

tons per year (tpy) of lead emitted statewide from area and point sources combined (based on the 

2005 National Emission Inventory database). Due to the phasing out since 1975 oflead 

additives in gasoline, mobile sources are no longer a significant contributor to lead emissions 

throughout the United States. Since the discontinued use of lead in gasoline, the only major 

contributor to lead emissions in New Mexico was the Asarco lead smelter located near the 

Texas/New Mexico 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 implementation plan 

typically contains regulations, source-specific requirements, non-regulatory items such as plans 

and inventories, and in some cases additional requirements promulgated by 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 of sections 

!IO(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. The Department is not proposing 

COOKE TESTIMONY· PAGE 2 
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any additional regulations or requirements in conjunction with the proposed Lead Infrastructure 

SIP. The purpose of the Lead Infrastructure SIP is to provide EPA with a synopsis ofNew 

Mexico's capabilities to implement, maintain, and enforce the lead NAAQS as outlined under 

the requirements of sections IIO(a)(2)(A) through (M) of the CAA. 

Subsequent to 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 (Exhibit NMED 5). The proposed infrastructure SIP at Exhibit 

NMED 3 has 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 in the 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 of the guidance accurately reflect the 

requirements of the Clean Air Act. 

The draft guidance provides that where a state determines that its existing SIP is adequate 

to meet infrastructure requirements for a revised NAAQS, the state may satisfY the requirements 

of Section II 0 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. If the 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 of public 

notices (Exhibit NMED 6) and an open house. The Department only received comments from 

EPA. Those comments were based mainly on EPA's Draft Infrastructure SIP Guidance released 

on June 17, 2011 (NMED Exhibit 3). The Department had no attendance at the open house. The 

Department also provided notice of this hearing to Small Business Regulatory Advisory 

Commission. (Exhibit NMED 7). 

The Department does not foresee that the proposed SIP will have an adverse impact on 

the citizens or businesses of New Mexico. The proposed SIP is simply an overview of what the 

State of New Mexico currently has in its overall State Implementation Plan as relevant to the 

implementation, maintenance and enforcement of the lead NAAQS. 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 of this hearing. A 

proposed statement of reasons for adoption and order is attached as Exhibit NMED 9. 

COOKE TESTIMONY- PAGE 3 
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( 

( 

Executive Summary 

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

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

regulations, source-specific requirements, non-regulatory items such as plans and inventories, 

and in some cases additional requirements 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 11 O(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 NMAC are part of the approved New Mexico SIP and are cited in 40 

CFR § 52.1620( c) unless otherwise stated. 

Those requirements of CAA § 11 O(a)(2) that are in the approved SIP or recently submitted SIP 

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

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

Some requirements, such as intergovernmental consultation, air quality modeling, and 

compliance with Part D of Title I of the CAA, are fulfilled during the development and 

submission to EPA as a SIP revision of attainment plans. 

NMED EXHIBIT 3 
State of New Mexico 

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. 

§ 11 O(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. 

Proposed Lead Infrastructure SIP 

Page 2 of8 

New Mexico's Requirements 

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 ofNMAC 

Title 20-Environment Protection, Chapter 2-Air 

Quality as listed iR 4Q GF& §;J Sael'l>f! GG, ooa 

S8llf8B Sjleeifie jlf8\"isiaRS eaaifiea at 4Q GFR §;J 

Sael'l>f! GG. 

The regulations authorized by Chapter 74-

Environmental Improvement-- of the New Mexico 

Statutes Annotated (NMSA 1978) are duly adopted 

by the Environmentallmprovement Board. Where 

these provisions relate to Clean Air Act Section II 0 

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 re~uired for maintenance ofthe 2008 

leadNAAQS. 

New Mexico does not exemgt from enforcement 

excess emissions that occur during start-UU::a 

shutdown, maintenance, or malfunction. Emi~sions 

in excess of yennit or regylatory limits are 

yresum:gtively violations:~ subject to affirmative 

defenses with the burden gf groof on the 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 NMED presently does not operate any 

source-oriented lead monitors iH tile state due to the 

laek absence of an;~ 0.5 TPY or larger sources of lead 

majeF seuFees in the state. Nor does NMED O:Qerate 

any non-source-oriented lead monitoring:~ due to the 

absence of an;~ CBSA with a J10J1ulation of 50Q,OOO. 

(Aibu~uer~ue is outside ofNMED's jurisdiction). If 

monitoring is required for the state in the future, all 

monitoring data will be measured using EPA 
( 

§ IIO(a)(2)(C) Include a program to provide for 

enforcement the of measures in § 

IIO(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 N AA QS are 

achieved, including a permit 

program as required in parts C 

and D. 

§ II O(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 § 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 either Reference or Equivalent 

monitors. All monitors will be subjected to the 

quality assurance requirements of 40 CPR 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 

schedule prescribed by 40 CFR Part 58. 

NMED has established regulations governing the 

enforcement of control measures, including 

attainment plans and permitting programs that 

regulate construction and modification of stationazy 

sources. See 20.2.72, 20.2.74 and 20.2.79 NMAC. 

NMED's Prevention of Significant 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 New Mexico 

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 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: 

I) 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 I 15. 

Consistent with 40 CFR 166(g)(2)(iv), New 

Mexico's PSD nrogram reguires NMED to notify 

!lOtentially affected states, tribes, and federal land 

managers of its intent to a:Q:Qrove or disai?prove a 

PSD permit '!llPlication. 20.2.74.400 I C) 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 enforce 
inappropriate, the general 

purpose local government or 

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). 

§ ll O(a)(2)(E)(ii) (ii) requirements that the 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 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 §§ l 03 and lOS grant process. Permit 

fees are collected under the authority of§ 74-2-7. 

No organizations outside ofNMED will nartici11ate 

in imj1lementing 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. 

New Melliea slate sl-e NMSA 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 a majoritv of members 

who re11resent the 11ublic interest and do not derive 

any significant ~ortion of their income from ~ersons 

subject to or who an12ear before the board on issues 

related to the Clean Air Act or Air Qua lilY 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 

reaulations nrovide for disaualification or 
( 

( 

§ II O(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 of any plan 

provision, the state has 

responsibility for ensuring 

adequate implementation of such 

plan provision. 

§II 0( 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; 

§II O(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 of the Secretary or Hearing Officer in the 

event of a conflict of interest 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~ fef fftBHitefiHg ambieAt lead 

le•,•els Ellie te the lael< efmajef lead SS\ifees withiA 

the state. l>lew Me .. iee sees fiSt fOiy Sfl """ elbef 

leealities Is implemefll aA]' meflitefiflg Sf ploo 

pFevisieHs. 

Albuguergue-Bemalillo Coun!Y is authorized to 

cam out allQortions ofNew Mexico's SIP within 

Bernalillo Coun!Y. See§ 74-2-4. NMED and the 

state Environmental lmJ2rovement Board retain 

oversight authori!Y in the event the 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- 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 Requirements provide 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 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!ef is 

lll!feaseflably affeetiflg ll!e pliblie healtl!, safety Sf 

welfllfe, Sf the health efooimal Sf ploot life, Sf 

J'fSJlefly, ll!el>!ew Me,.iee state slalllte, § ;q 'I I Q 

IHIIhefi~es J>!MEI:l te, aftef a feaseflable attempt Is 

gi••e fletiee, aeela.e a state sf emefgefle~· ooa iss11e 

with slit heafiflg aA emefgefley speeial SfSef Elifeeliflg 

the evmeF!epe!'atef Is eease Sliel! pellliliefl 

immeeliately. 

While there are currently no significant sources of 

lead1 the statute is adeguate to constrain any sources 

of lead emissions~ as necess~1 in an emergency 

situation. Under NMSA § 74-2-10, the secre!l!!Y of 

the dS/artrnent is authorized to bring suit to 

immediately restrain a nerson causing emissions that 

oresents an imminent and substantial endangennent 
§ 11 O(a)(2)(H) Provide for revision of such 

plan: 

(i) from time to time as may be 

necessary to take account of 

revisions of such national 

primary or secondary ambient 

air quality standard or the 

availability of improved or more 

expeditious methods of attaining 

such standard, and 

(ii) except as provided in 

paragraph (3)(C), whenever the 

Administrator finds on the basis 

of information available to the 

Administrator that the plan is 

substantially inadequate to attain 

the national ambient air quality 

standard which it implements, or 

to otherwise comply with any 

additional requirements 

established under this Act. 

§ 11 O(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); 

Proposed Lead Infrastructure SIP 

Page 6 of8 

to the public health or welfare or to the environment, 

or to issue orders necess~ to nrotect the 2ublic 

health or welfare or the environment and bring suit 

within 24 hours. If the 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 

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 authori!Y provided to the secrelru:)' of 

the de!!artment under NMSA § 74-2-10 in the event 

that there is an emergency enisode. The New Mexico 

Air Pollution E!!isodes Contingency Plan meets the 

reguirements of 40 CFR 51, SubiJart H (Prevention 

of Air Pollution Emer~encv Eoisodes ). 

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, Sflel eeadtiet ln1siaess iH a 

maRner to meet the NAAQS. !>!""· Me>dee state 

- 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. 

+he 8!1' re>.•isien ~eftaining te §! HlEII)E~lE9l(il 

addresses the requifements 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 eaeh nenattainment area 

under CAA 8eetiens ! !Q, ! +~Eel, !+SA ana slibpaFI 

~ te !'aft 9. 

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 aoolicable. The currently approved 
( 

§ II 0( a )(2 )(J) Meet the applicable 

requirements of§ 121 (relating 

to consultation), section 12 7 

(relating to public notification), 

and Part C (relating to 

prevention of significant 

deterioration of air quality and 

visibility protection); 

§ IIO(a)(2)(K) Provide for: 

(i) the performance of such air 

quality modeling as the 

Administrator may prescribe for 

the purpose of predicting the 

effect on ambient air quality of 

any emissions of any air 

pollutant for which the 

Administrator has established a 

national ambient air quality 

standard, and 

(ii) the submission, upon 

request, of data related to such 

air quality modeling to the 

Administrator; 

§ IIO(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, 

Proposed Lead Infrastructure SIP 

Page 7 of8 

nonattainment area SIP provisions listed in 40 CFR § 

3;!.16<0 52, Subpart GG also meet Subpart D 

requirements. 

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 ofthe 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 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 Significant Deterioration following 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 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. 

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 Quali!Y Bureau within 

NMED contains a modeling section with four 

gualified modelers, two with Ph.D's. 

Upon reguest, NMED will submit current and future 

data relating to modeling to EPA. 

The fee requirements of 20.2. 71 NMAC - Operating 

Permit 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 operating permit 

program (20.2.70 NMAC) was approved by EPA in 

1997 (I 1/25/97, 62 FR 50514). 
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 AdministratOT1

S 

approval of a 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 

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. 

i 

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FACT SHEET 

FINAL REVISIONS TO THE 

NATIONAL AMBIENT AIR QUALITY STANDARDS FOR LEAD 

SUMMARY OF ACTION 

• On October 15,2008, EPA substantially strengthened the national ambient air quality 

standards (NAAQS) for lead. The revised standards are I 0 times tighter than the previous 

standards and will improve health protection for at-risk groups, especially children. 

• EPA has revised the level of the primary (health-based) standard from 1.5 micrograms 

per cubic 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 at much lower levels of lead in blood than 

previously thought. 

• Children are particularly vulnerable to the effects of lead. Exposures to low levels of lead 

early in life have been linked to effects on IQ, learning, memory, and behavior. There is 

no known safe level of lead in the body. 

• EPA estimates that the 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 of avoiding IQ loss. The agency estimates costs of implementing the standards at 

approximately $150 million to $2.8 billion. 

• In conjunction with strengthening the 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 or more per year (tpy) of lead and in urban areas 

with more than 500,000 people. 

• Also as part of this notice, EPA describes the approach for implementing the revised 

standards and provides an implementation timeline. 

REVISIONS TO THE STANDARDS 

Primary (Health) Standard 

NMED EXHIBIT 4 
• Based on a review of the full body of evidence, EPA has determined that the 1978 

standard of 1.5J.1glm3 is not sufficient to protect public health with an adequate margin of 

safety. 

• The Agency is revising the level of the standard to 0.15 [!g/m3 to provide increased 

protection for at-risk populations against a variety of adverse health effects, most notably 

effects on the developing nervous system. 

• Like the 1978 standard, the new standard will be measured as the concentration of lead in 

TSP, reflecting evidence that lead particles of all sizes pose potential health risks. 

Secondary (Welfare) Standard 

• To provide increased protection against lead-related welfare effects, EPA is revising the 

current secondary standard to be identical to the proposed primary standard. 

• A significant number of new 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 of lead in the air for EPA to 

select a different level for the secondary lead standard at this time. 

DETERMINING COMPLIANCE WITH THE STANDARDS 

• EPA has revised the averaging time and form of the lead NAAQS. These are the air 

quality statistics that are compared to the level of the 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 over a three-year 

period. This replaces the current approach of using calendar quarters. A rolling threemonth average considers each of the 12 three-month periods associated with a given year, 

not just the four calendar quarters within that year. 

LEAD AIR QUALITY MONITORING 

• EPA is redesigning the lead monitoring network to assess compliance with the revised the 

lead standards. 

• EPA will require state and local monitoring agencies to conduct monitoring taking 

into account lead sources that are expected to, or have been shown to, exceed the 

standards. At a minimum, monitors must be placed in areas with sources of lead 

emissions greater than or equal to one ton or more per year, to measure the 

maximum concentration. 

2 
( 

( 

( 

• EPA also will require a monitor to be operated in each of the 101 urban areas with 

populations greater than 500,000 to gather information on the general population's 

exposure to lead in air and ensure protection against sources of airborne 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 of the revised standard, or 

0.075 ug/m3

• 

• 

• 

EPA estimates that 236 new or relocated monitoring sites will be necessary to satisfy 

these monitoring requirements. Approximately halfofaJI newly required monitors are to 

be operational by January I, 2010, with the other half of the 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 of the lead monitoring network. 

EPA is requiring lead to be monitored as lead in total suspended particles (TSP). The 

Agency wiJI aJlow the use of lead-PM10 monitors instead of lead-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 If a 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 of the standards. 

IMPLEMENTING THE STANDARDS 

• In this notice, the Agency is describing its approach for implementing the 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 I 978 lead NAAQS until one year after designations for the new 

standards, except in current nonattainment areas. In those areas, EPA wiJI retain the I 978 

3 
standard until the area submits, and EPA approves, attainment and/or maintenance 

demonstrations for the new standards. This will ensure continuous public health 

protection. 

Estimated Time line for Implementing Revised Standards 

• States are required to make recommendations for areas to be designated attainment, 

nonattainment, or unclassifiable by October 2009. If tribes choose to submit 

recommendations, they must also provide them to EPA by October 2009. 

• Final designations of all attainment, nonattainment and unclassifiable areas will be 

effective no later than January 2012. However, EPA intends to complete initial 

designations as soon as possible where data are sufficient from existing monitoring 

network. 

• States are required to submit State Implementation Plans outlining how they will reduce 

pollution to meet the standards no later than June 2013. 

• States are required to meet the 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 of the air, can be 

ingested. Ingestion of lead that has settled onto surfaces is the main route of human 

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 of health effects. 

• Children are most vulnerable to the damaging effects of lead 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. 

• Damage to red blood cells 

• Weakened immune system 

• Effects in adults include: 

• Increased blood pressure 

• Cardiovascular disease 

• Decreased kidney function 

4 

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HEALTH BENEFITS AND COSTS 

• The Clean Air Act prohibits EPA from considering costs in setting or revising National 

Ambient Air Quality Standards. To inform the public, the Agency analyzes the benefits 

and costs of meeting the standards as required by Executive Order 12866 and guidance 

from the White House Office of Management and Budget. 

• To estimate the costs of meeting the final NAAQS, EPA analyzed the cost of using both 

existing controls and controls that may be developed in the future for reducing lead from 

industrial sources. 

• EPA estimates that at full implementation of the final lead NAAQS in 20!6, the costs in 

that year will be approximately $150 million to $2.8 billion. 

• To estimate the benefits of meeting the revised lead standards, EPA used peer-reviewed 

studies of health and welfare effects, and peer-reviewed studies of the dollar values 

of public health improvements. 

• EPA calculated the benefits of avoiding 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 at full 

implementation of the NAAQS in 2016. The estimate also includes co-benefits 

associated with other health improvements expected to occur as a result of fine 

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 Act requires EPA to set national ambient air quality standards (NAAQS) 

for "criteria pollutants," 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 if appropriate to ensure that they provide the requisite 

amount of health 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 of Missouri 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 of the 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 of lead 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 of leaded gasoline, but lead is still used as an 

5 
additive in general aviation gasoline used in piston-engine aircraft and remains a trace 

contaminant in other fuels. 

• Larger industrial sources of lead 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 East Helena, 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 200 I. 

• 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 I 980 and 2007. Much of this dramatic improvement occurred as a result 

of the permanent phaseout oflead in gasoline. However, lead continues to be emitted 

into the air from many different types of stationary and piston engine aircraft. 

• In addition to dramatically decreased airborne lead concentrations, another indicator of 

progress in the reduction of airborne lead in the environment is the drop in children's 

blood lead levels over time. Since the late I 970s, 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 

at very low blood lead levels. 

FOR MORE INFORMATION 

• To download a copy of the final rule, go to EPA's Web site at: 

http :I I epa. gov I air II eadl actions. html 

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

6 

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Draft as of 6/17/11 

MEMORANDUM 

SUBJECT: Guidance on SIP Elements Required Under Sections 1 1 O(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 - I 0 

This guidance addresses the "infrastructure" elements for State hnplemcntation Plans 

(SIPs) to meet the requirements of sections II O(a)( I) and I I 0( a)(2) of the 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 II O(a)(l) and 

II O(a)(2) of the CAA, each State is required to submit a plan to provide for the implementation, 

maintenance, and enforcement of a newly promulgated or revised NAAQS. 

The CAA directs states to address basic SIP requirements (see Attachment A), to ensure 

attainment and maintenance of the NAAQS. The CAA provides that states are to submit SIPs 

addressing the requirements of sections IIO(a)(l) and IIO(a)(2) within 3 years of promulgation 

of a new or revised standard.' EPA recognizes that many of the required section IIO(a)(2) 

elements relate to the general information and authorities that constitute the infrastructure of a 

State's air quality management program- elements that have been in place since the initial SIPs 

were submitted in response to the Clean Air Act of 1970 and some required element may have 

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 of each State to review its air quality 

management program's infrastructure SIP provisions in light of each new or revised NAAQS. 

1 Although the effective date of the Federal Register notice for the final rule was January 12, 

2009, the rule was signed by the Administrator and publicly disseminated on October 15, 2008. 

Therefore, the deadline for submittal of infrastructure 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 of State 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 of New 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 of Visibility 

Subpat1 Q- Reports. 

If a 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 of the 

section IIO(a)(2) infrastructure elements as applicable for the 2008 Pb NAAQS. Such 

certification (e.g, in the ltmn of a 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 of how 

compliance with each element is achieved. Submittals lacking a detailed explanation for how the 

State's SIP meets each applicable requirement of section II O(a)(2) should be found incomplete 

and a letter should be sent to the state notifying it of the finding of incompleteness. EPA's 

criteria for determining the completeness of a 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 of 6/17/11 

idx?c=ecti·&sid=efccd778ba0879113d39b8894d 179d4a&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 of section 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. 

• If EPA makes a finding of failure to submit a SIP, that finding will only apply to 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 EPA review for approvability. Section II O(k) directs 

EPA to take final action on a SIP submittal within I year after the SIP is determined to be 

complete. If EPA makes an allirmative finding thnt a SIP submittal is complete, the date of the 

finding cstahlishes the "~omplctencss date" l(wlhc submittal; if EPA makes no tinding, the 

submittal is deemed completc, by operation of law, 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 of EPA to promulgate a Federal implementation Plan (FJP) are set out in 

section II O(c) of the CAA. EPA's obligation to promulgate a FIP for a state is triggered if EPA 

takes any of the 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. If EPA takes one of these 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 meet the applicable requirements and be approved by EPA. 

For Further Information 

If you have any questions concerning this guidance, please contact Mia South by 

telephone at (919) 541-5550 or by email at south.mia@epa.gov. Please ensure that the 

appropriate air agency officials for states in your Region are mndc aware of this guidanc.e. 

Attachments 

cc: 

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Draft as of 6/17/11 

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 of a new or revised standard. Many of the section II O(a)(2) SIP elements relate to 

the general information and authorities that constitute the "infrastructure" of a state's air quality 

management program, and these have been in place since the initial SIPs were submitted in· 

response to the 1970 CAA. It is the responsibility of each state to review its air quality 

management program's infrastructure SIP provisions in light of each 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 of New 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 refer to 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 Determining the Completeness of Plan Submissions." http://cfr. vlex.com/vid/51-

criteria-determining-completeness-1 9784745. For example, in accordance with Appendix V, 

5 
Draft as of 6/17/11 

paragraph 2.1 (d), a SIP submittal would include a copy of the actual regulation that the state is 

submitting for approval and incorporation by reference into its SIP. 

Pursuant to section II O(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 by the 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- I 02-public-hearings19784894. 

If a 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 of the section II O(a)(2) infrastructure elements as applicable for the 2008 Pb 

NAAQS. Such certification (e.g., in the form of a letter to EPA from the Governor or her/his 

designee) should cite the applicable provisions in the existing SIP and provide a specific 

description of how compliance with each element is achieved. 

Section IIO(a)(2) of the 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 II O(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 under part C of the CAA to 

prevent significant deterioration of air q).lality or to protect visibility in any other state. 

6 
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Draft as of 6/17/11 

Two elements identified in section IIO(a)(2) are not governed by the 3-year submission 

deadline of section l!O(a)(l). The elements pertain to part D, in title I of the 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 of infrastructure 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 specifically for 

attaining the relevant standard. Those submittals are due at the time the nonattainment area 

planning elements are due (18 months following designation). 

Except as described above, subsections (A) through (M) of section II O(a)(2) set forth the 

infrastructure elements that a SIP should address, in order to be approved by EPA. The 

elements are presented below in context of the 2008 Pb NAAQS. 

Section 110(a)(2)(A): Emission limits and other control measures 

"Each such plan shall [ . .} include enforceable emission limitations and other control 

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

permits, and auctions of emissions rights), as well as schedules and timetables for 

compliance, as may be necessary or 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 II 0 infrastructure elements and will be reviewed and acted upon 

through a separate process. However, the infrastructure SIP submission should include 

a list or table referencing all Pb emission reduction measures adopted and relied on by the 

state to meet other CAA requirements, such as maintenance of the 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/20 I I /may/05/2011-1 0995 .pdf. 

Because excess emissions might aggravate air quality so as to prevent attainment and 

maintenance of the NAAQS and compliance with other CAA requirements, EPA views 

all periods of excess emissions as violations of the applicable emission limitation. 

Therefore, an approvable SIP submittal cannot exempt from enforcement excess 

emissions that may occur at a facility during a period of startup 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 of excess emissions is a violation of an 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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Draft as of 6/17/11 

"Each such plan shall [ . .] provide for establishment and operation of appropriate 

devices, methods, systems, and procedures necessary to 

(i) monitor, compile, and analyze data on ambient air quality, and 

(ii) upon request, make such data available to the Administrator. " 

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 Air Monitoring Requirements, December 14,2010 

http://origin.www.gpo.gov/fdsys/pkg/FR-20 I 0-12-27/pdl/201 0-32153.pdf#page=l. 

Submit data to EPA's Air Quality System (AQS) in a timely manner. AQ data reporting 

51.320, http://c li·. vlcx.com/viu/51 -320-annual-air-guality-data-repOii-197851 04 

• 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 of any 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 a program to provide for the enforcement of the measures 

described in subparagraph (A), and regulation of the modification and construction of any 

stationary source within the areas covered by the plan as necessary to assure that national 

ambient air quality standards are achieved, including a permit program as required in parts C 

and D of this subchapter." 

9 
Draft as of 6/17/11 

The Prevention of Significant Deterioration (PSD) and non attainment New Source 

Review (NNSR) programs contained in parts C and D of Title I of the CAA, and collectively 

referred to as the major New Source Review (NSR) program, govern preconstruction review and 

permitting of any new or modified major stationary sources of air pollutants regulated under the 

CAA as well as any precursors to the formation of that pollutant when identified for regulation 

by the Administrator. 4 The EPA rules addressing these 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-si gni licnnt-dcterioration-19784998, 

http://cti·. vlex.com/vid/124-41-definitions-appl icablc-rsd-permits-19811 787, 

http://cfr. vlex.com/vid/51-165-permil-rccLllirements-19784994 

http :1 lwww. fed era Ire g i ster. gov I arti cles/2 007/03/0 8/E7-3 8 8 8/ non uttain men t -new -source-reviewTo meet section II O(a)(2)(C) requirements for this NAAQS, the SIP submitted should: 

• Reference relevant state and federal regulations that provide for enforcement of Pb 

emission limits and control measures. 

• Identify the various state regulations that govern permitting of new and modified 

stationary sources (minor and major) of Pb in the state. 

• Revise its PSD program regulations to address any applicable EPA amendments to Pb 

PSD rules within 3 years from the date of such 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. 

10 
Draft 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 of major stationary sources does not cause or contribute to a violation of the 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 permit program to ensure that the construction 

and modification of major stationary sources does not cause or contribute to a violation of Pb 

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 PSD program 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 GHG thresholds 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 that portion of 

the SIP (or SIP submission) for which EPA rescinded our previous approval of the PSD program 

5 Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule; Final Rule. 75 FR 31514 

(June 3, 2010). 

11 
Draft as of 6/17/11 

(in a rulemaking referred to as the "GHG PSD SIP Narrowing Rule"). 6 To request such removal, 

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

If a state lacks a SIP-approved PSD program, it is subject to a federal implementation 

plan (FIP), and major stationary sources within its jurisdiction are subject to the federal PSD 

requirements in 40 CFR 52.21. Some states are subject to a FIP for PSD permitting of all 

regulated NSR pollutants, and fewer states are subject to a FIP for PSD permitting that 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 II O(a)(2)(C). 

Minor NSR programs are subject to the statutory requirements in section IIO(a)(2)(C) of 

the CAA which requires " ... regulation of the modification and construction of any stationary 

source ... as necessary to assure that the [NAAQS] are achieved." These programs should be 

established in each state within 3 years of the promulgation of a new or revised NAAQS. 

EPA has not proposed to amend the PSD regulations with regard to the Pb NAAQS. EPA is 

planning to 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 necessary to satisfy the PSD requirements for Pb. 

6 Limitation of Approval 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 of 6/17/11 

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

"Each such plan shall[. . .] contain adequate provisions: 

prohibiting, consistent with the provisions of this subchapter, any source or other type of 

emissions activity within the state from emitting any air pollutant in amounts which willcontribute 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, or interfere with measures required to be included in the applicable 

implementation plan for any other state under part C of this subchapter to prevent 

significant deterioration of air quality to protect visibility. " 

Section IIO(a)(2)(D)(i) provides for SIPs to include provisions prohibiting any source or 

other type of emissions activity in one state from contributing significantly to nonattainment, or 

interfering with maintenance, of the 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 of emissions 

activity in one state ti·01n interfering with measures required to prevent significant deterioration 

of air 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 of Pb prevent Pb emissions from experiencing the 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 

13 
Draft as of 6/17/11 

any other state, EPA anticipates that this would be a rare situation, e.g., where large sources are 

in close proximity to state boundaries. 

EPA believes that requirements of subsection (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 they contribute significantly to nonattainment by having 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 of section II O(a)(2)(D)(i)(I) the state's submission 

should include an explanation in support of the state's conclusion and, if applicable, should 

address the impact in their submittaL 

Under section IIO(a)(2)(D)(i)(ll), the PSD sub-element (prong 3) may be met by the state's 

confirmation in a SIP submission that new major sources and major modifications in the state are 

subject to PSD and (if the state contains a nonattainment area for the relevant pollutant) NNSR 

programs that implement the 2008 Pb NAAQS. 10 

With regard to the requirement of prong 4, i.e., visibility under 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) for the 2006 24-Hour Fine Particle (PM, 5 ) National Ambient Air Quality Standards 

(NAAQS)," dated September 2S, 2009. 

14 
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Draft as of 6/17/11 

distances from the source and most, if not 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) of the CAA. Although Pb can be a 

component of coarse and fine particles, Pb comprises a small fraction of coarse and fine 

particles. Furthermore, when evaluating the extent that Pb could impact visibility, Pb-related 

visibility impacts were found to be insignificant (e.g., less than O.t 0%) . 

11 Since all areas are 

currently subject to the regional haze progam which addresses visibility-impairing pollutants, 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 such plan shall [ . . ] contain adequate provisions insuring compliance with the 

applicable requirements of sections 115 or 126 (b) that involve Pb emissions (relating to 

interstate and international pollution abatement)." EPA has no reason to approve or 

disapprol'e any existing state rules with regard to these provisions. 

Section l26(a) of the CAA directs each SIP to include provisions requiring a new or modified 

source to notify neighboring states of potential impacts from the source. States with SIPapproved PSD programs should have a regulatory provision in place, consistent with 40 CFR 

51.166( q)(2)(iv), that requires such notification of other state and local agencies. 

http://cti·. vlex.com/vid/51-166-prevcntion-significant-deterioration-19784998. States relying on 

the federal program requirements of 40 CFR 52.2t(q), which provide for notification of affected 

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

15 
Draft as of 6/17/11 

state and local air agencies, to satisfy this requirement have programs that are technically 

deficient and not approvable. http://edocket.access.gpo.gov/cfr 201 O/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 I 0 (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 a program, 

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 such plan shall [ . .] provide: 

(i) necessary assurances that the state (or, except where the Administrator deems 

inappropriate, the general purpose local government or 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 canying out such implementation plan or portion thereof), 

(ii) requirements that the slate comply with the requirements respecting state boards under 

section 128, (See section 40 CFR 52.ll82, 

http://edocket.access. wo. govlcti· 2004/julqtrlpdf140c(r 52.1180.pd( 

(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. " 

16 
( 

( 

( 

Draft as of 6/17/11 

The SIP should assure that the state has adequate authority under its rules and regulations to 

carry out the 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 authority to carry out the plan; the provisions of the state's laws or 

regulations that provide that authority are to be specifically identified in the SIP, and 

copies of the 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 of a SIP to a state 

government agency other than the state air pollution control agency, if the SIP 

demonstrates that such other agency has the necessary legal authority. Similarly, the 

state may authorize a local agency to carry out a SIP or portion of a SIP within the 

local agency's jurisdiction, if the SIP demonstrates that the local agency has the 

necessary legal authority; however, the authorizing state is not relieved of 

responsibility for carrying out the SIP. See 40 CFR 51.232, "Assignment of legal 

authority to local agencies." http://cfr. vlex.com/vid/51-232-assignment-legal-localagencies-19785032 

17 
Draft as of 6/17/11 

• In accordance with EPA's regulations at subpart 0, the SIP submittal should 

include copies of rules and regulations that show that the state has adopted the 

emission limitations and other measures necessary for attainment and maintenance of 

the 2008 Pb NAAQS. See 40 CFR 51.281, "Copies of rules and regulations." 

http://cti·. vlex.com/vid/51-281-copies-rules-and-regulations-19785057 

Further, the SIP should assure that the 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 identify the 

organizations that will participate in developing, implementing, and enforcing the SIP. 

The SIP should identify the responsibilities of such 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 of the date of SIP submittal; 

(2) those considered necessary during the 5 years following SIP submittal; and 

(3) projections regarding acquisition of the described resources. See 40 CFR 51.280, 

"Resources." http://law.justia.com/ctr/title40/40-? .0.1.1.2.12.9.1.html 

18 
( 

( 

( 

Draft as of 6/17/11 

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

"Each such plan shall [ . .] 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 source 

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

standards established pursuant to this chapter, which reports shall be available at 

reasonable times for public 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-2973 7/airem iss ions-reporting -reg u i rements. 

In accordance with EPA regulations at 40 CFR Part 51, subpart K ("Source Surveillance"), 

. the SIP should provide for monitoring the status of sources' 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 of stationary sources to maintain records of emissions and 

other information as may be necessary to enable the state to determine whether the sources are in 

compliance, and the SIP should further include provisions for the sources to periodically report 

that information to the state. See 40 CFR 51.211, "Emission reports and recordkeeping." 

http://cfT. vlex.com/vid/51-211-emission-repmis-recordkeeping-197850 II 

The SIP should include provisions for stationary sources subject to the Pb NAAQS to 

install, calibrate, maintain, and operate equipment for continuously monitoring and recording 

emissions, and the SIP should further include provisions for the sources to maintain the 

19 
Draft as of 6/17/11 

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 CFR Part 51, subpart A ("Air Emissions 

Reporting Requirements") 

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 of emissions inventory data by the 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-197851 06. All reports should be made available to the public. 

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

"Each such plan shall provide for authority comparable to that in section 303 of this title 

and adequate contingency plans to implement such authority. " 

Section 303 of the CAA provides authority to the EPA Administrator to restrain any source 

from causing or contributing to emissions which present an "imminent and substantial 

endangerment to public health or welfare, or the environment. As directed under section 

II O(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 authority to constrain sources of Pb emissions, 

as necessary, in an emergency situation. As part of the infrastructure SIP submittal, the plan 

20 

( 
( 

( 

Draft as of 6/17/11 

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 priority region classifications or other specific 

requirements for the content of contingency plans. Therefore, states should determine the content 

of an adequate plan. Example regulations that states could choose to adopt to satisfy the element 

(G) are presented in Appendix L to 40 CFR Part 51. ht!p://cfr.vlex.com/vid/appendix-51-

example-pollution-episodes-19784 732 

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

"Each such plan shall [ . .} provide for revision of such plan-

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

primary or secondary ambient air quality standard or the availability of improved or 

more expeditious methods of' attaining such standard, and 

(ii) except as provided in paragraph (J)(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 chapter 

(CAA)." 

The SIP should provide citations to the state regulatory provisions requiring the state to I) 

revise its section II 0 plan from time to time as may be necessary to take into account revisions of 

such primary or secondary NAAQS or the availability of improved or more expeditious methods 

of attaining such standards; and 2) revise its section 110 plan in the event the Administrator finds 

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 of 6/17/11 

Section 110(a)(2)(D: Nonattainment area plan or plan revision Under Part D 

"Each such plan shall [ . .] in the case of a plan or plan revision for an area designated 

as a nonattainment area, meet the applicable requirements of part D of this subchapter 

(relating to nonattainment areas). " 

As noted in the inductor text of this infrastructure SIP guidance document, EPA would not 

expect infrastructure SIP submissions to address subsection II O(a)(2)(1). Nonattainment area 

plans required under part Dare required on a different schedule from the section II 0 

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 such plan shall [ . .] meet the applicable requirements of section 121 of this title 

(relating to consultation), section 127 of this Iitle (relating to public notification), and part C 

of this subchapter (relating to prevention of significant deterioration of air quality and 

visibility protection). " 

The SIP should reference the state rules that provide a process of consultation with general 

purpose local governments, designated organizations of elected 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 requiring the state to regularly notify the 

public of: instances or areas in which any primary NAAQS was exceeded; the associated health 

hazards; and ways in which the public can participate in regulatory and other efforts to improve 

22 
( 

( 

Draft as of 6/17/11 

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 of any new NAAQS. However, sources in a state may 

be subject to the federal PSD requirements pursuant to 40 CFR 52.21, if a state does not have a 

SIP-approved PSD program. http://cfr. vlex.com/vid/52-pl·evenl ion-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 of the plan to meet the applicable requirements for 

visibility protection, EPA would not expect to treat this provision as applicable for purposes 

of the infrastructure SIP approval process. EPA recognizes that states are subject to visibility 

protection and regional haze program requirements under Part C of the Act (which includes 

sections 169A and 1698). However, in the event of the establishment of a new primary 

NAAQS, the visibility protection and regional haze program requirements under part C do not 

change. Thus, EPA concludes there are no new applicable visibility protection obligations 

under section II O(a)(2)(J) as a result of the 2008 Pb NAAQS. 

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

"Each such plan shall[. . .] provide for23 
Draft as of 6/17/11 

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

the purpose of predicting the effect on ambient air quality of any emissions of any air 

pollutant for which the Administrator has established a national ambient air quality 

standard, and 

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

Administrator. " 

The SIP should demonstrate that the state has the authority and technical capability to 

conduct air quality modeling in order to assess the effect on ambient air quality of relevant 

pollutant emissions; and that the state can provide relevant data as part of the permitting and 

NAAQS implementation processes. The SIP should also provide that, upon request, the state 

will submit current and future data relating to such air quality modeling to the Administrator. 

EPA anticipates that the predominant type of air 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 such plan shall 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 chapter, 

a .fee sufficient to cover-

(i) the reasonable costs (}{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 subchapter (title) Vofthis chapter." 

The SIP should provide citations to the regulations providing for collection of permitting fees 

under the state's EPA-approved Title V permit program. 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 CFR Part 70, Appendix A, "Approval Status of State 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 such plan shall [ . .} provide for consultation and participation by local political 

subdivisions affected by the plan. " 

To satisfy this element (M), and in accordance with EPA's regulations at 40 CFR Part 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 identify the 

responsibilities of such organizations and include related agreements among the organizations. 

See 40 CFR 51.240, "General plan requirements." http://cii·.vl_ex.com/vid/5\-240-general-planrequirements- I 9785034 

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 submitting a SIP revision or a compliance schedule, a state must provide 

notice, provide the opportunity to submit written comments, and allow the public the opportunity 

to request a public hearing. See 40 CFR 51.!02, "Public hearings." http://cfr.vlex.com/vid/51-

I 02-public-hearings-19784894. 

25 
Draft as of 6/17/11 

26 
( 

Administrative Law Division 

1205 Camino Carlos Rey 

Santa Fe, NM 87507 

505-476-7907 

Affidavit of Publication in the New Mexico Register 

I, John Martinez , certify that the agency noted below has published legal notices or rules in 

the New Mexico Register, and that p;1yment has been assessed by invoice for said legal notice 

or publication, which appeared on the date and in the volume and issue number noted below. 

Date of Publlcation: 5/31/20 II Agency: 

Volume: XXII Issue# : I 0 Enviroment - Air Quality 

Contact: Gail Cooke 

130 I Siler Road Bldg #B 

Santa Fe, NM 87507-

Invoice#: NMR-2011- 273 

Amount: $1,102.00 

Description: 

Other 

Amendment 

Amendment 

(seal) 

Other MateriaJ 

20.2. 74 NMAC 

20.2. 79 NMAC 

Notice of Public Meeting 

Pennits -Prevention 

Permits - Nonattainment 

State of New Mexico, County of Santa Fe 

Signed and affirmed before me on Wednesday, June 01, 2011 

by John Martinez 

-Copies of the published material documented in this affidavit are enclosedForm SRC-2002-04 Revised July 2007 

NMED EXHIBIT 6A 
New Mexico Register I Volume XXII, Number 10 I May 31,2011 

NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD 

NOTICE OF PUBLIC MEETING AND STATE IMPLEMENTATION PLAN REVISION 

The New Mexico Environmental Improvement Board ("Board") will hold a public hearing on August I, 2011 at 

9:00 a.m. in Room 317 at the State Capital in Santa Fe, New Mexico. The purpose of the hearing is to consider the 

matter ofEIB 11-07 (R), proposed revisions to the New Mexico State Implementation Plan (SIP) under Section 

JJO(a)(2) of the Federal Clean Air Act (CAA) for the revised National Ambient Air Quality Standard (NAAQS) for 

Lead. 

The proponent of this regulatory adoption and revision is the New Mexico Environment Department (''N:t-AED"). 

The purpose of the public hearing is to consider and take possible action on a petition from NMED regarding 

implementation of the federally promulgated revisions to the NAAQS for lead that were adopted by the U.S. 

Environmental Protection Agency (EPA) in November of2008. Section IIO(a)(2) of the CAA requires states to 

submit to the EPA Administrator an "Infrastructure SIP" that addresses the requirements of sections JJO(a)(2)(A)--

(M) of the CAA within 3 years after the promulgation of a NAAQS. This SIP is a compilation of elements 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, 130 I Siler Rd, Building B, Santa Fe, 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, Santa Fe, New Mexico. Full text ofNMED's 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.J.l NMAC (Rulemaking Procedures- Environmental 

Improvement Board), the Environmental Improvement Act, Section 74-J-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 of intent to do so. The notice of intent 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 of the witness, 

including a description of their education and work background; 

(3) summarize or include a copy of the direct testimony of each technical witness and state the anticipated duration 

of the 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 of any recommended modifications to the proposed new and revised regulations. 

Notices of intent for the hearing must be received in the Office of the Board not later than 5:00pm on July 15, 2011, 

and should reference the docket number, EIB 11-07 (R), and the date of the hearing. Notices of intent to present 

technical testimony should be submitted to: 

Felicia Orth, Acting Board Administrator 

Office of the 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 of the 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 of the testimony. 
New Mexico Register /Volume XXII, Number 10 I May 31,2011 

A member of the 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 of this hearing process should contact Judy Bentley by 

July 15, 2011 at the NMED, Personnel Services Bureau, P.O. Box 26110, 1190 St. Francis Drive, Santa Fe, 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 a decision on the proposed revised regulations at the conclusion of the hearing, or the Board 

may convene a meeting at a later date to consider action on the proposal. 
STATE OF NEW MEXICO 

County of Bernalillo SS 

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

Advertising Manager of The Albuquerque Journal, and that this newspaper is 

duly qualified to publish legal notices or advertisements within the meaning 

of Section 3, Chapter 167, Session Laws of 1937, and that payment therefore 

has been made of assessed as court cost; that the notice, copy of which is 

hereto attached, was published in said paper in the regular daily edition, fr 

_I_ times, the first publication being on 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 County of Bernalillo and State of New Mexico this 

.iL day of M"' y of 20_.1./_. 

PRICE ,1[ 2 t.f7. ]'J \ Statement to come at end of month. 

ACCOUNT NUMBER Cit? 'I '{;C/ 

NMED EXHIBIT 68 
I 

NEW MEXICO EHVIRONI!EJI. 

TAL IIIPROVEMENT BOARD 

NOTICE OF PUBliC II<EIINO I A11D STATE IIII'LEIIEHTA110N 

PLAN REVISION 

I The NIW Mexico Environmental ! .1

1mo..,..,..l llolld ('Board') wiD 

hold a put& heeri1:'9 en August t, 2011 m 9:00a.m. In Room 317 a1 

lho Slate Capi~ In Santa Fe,""" • MexiCo. The P!JJPOI& ot the nHr· 

! kla 11 to cti'ISIUer the malfer ol EIB 1

1f.07 (AI, PfOIID!.8d Milo01S 10 

the New 'tftxkio Stale lfllf!lemen-

: ~'"' Plan !SIP! under SeetOn 1 110(a)(2)d lhe ,:ederal Clean Air 

Act (CAA) lor the l8'l!s8d Nllllonal : Ambient Air Qual!ty Standard 

! (NAAOS) for Load. 

~- ~ ""' ,.,.,.0~ , n 81\':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 p- -by"" u.s. Ertvionmenlal AeancV (EPAj ~ Novarnber ~ 20118. Sedlon 10(aX2) d lhtCMNqu ... oalas lo su~ 

; mMio lheEPAA«hhtuultor an 'lnhaalruclunt SIP" lhal .addrassu 

the r!~_gy_lremenls of sections 11~axzxA)-:rM) of lhe CAA wllh· 

o 3 ,..,. ilffar lha promUigallon d a NAAOS. This SIP II a compl- 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-re SIP 

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, on June 

6, 201t 

The proposed Lead lnfrqtructure SIP......,.maybe-dur· 

"' reoular -.sa hou• at lho 

NREI1 1301 Sler Alr~u Road. 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, .. Air aualllv Contioi·Ai:l, Secllon 

74-2-1! NMSA 1978. and olhllr apAB -~·. htei"esled peison8 wil be !llvwl 

rtiiOnlble OPilOrtunlty af:lhe· 

hnrlng to sutJtnft r&lavant _evl· 

..... "''"-arid am--. , 0111~ ()!' ill wriUng, . to rntroduce 

I exhl>its, arxno~exa.mllifw~.r.ess· es. Persons wl&lln-g to !prcsliil! I t8dt1Jc.al·lestfrnOily'IYluttHio :wttn I tha 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 1 HfT (R~ and lha data ot the 

ent ha~ 1 leal ollces testimony ~ 1n1anJ sh ~ be 

aubmllled Ia: 

F-Orlh, Ac<lr1g Boald 

Admlnlsi.T81or 

Oft::e of lht Envlrtlnmen'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!fly altha "':It No p~or calfoit Ia r~uirad present non·tachn/cal testl::t:' the , 

hearlrljj ,.,. "'"' may al&o er exhb'ls In oomectlon 

wfth tlll"loll: Ia Ia los~, not u uly &0 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:alhe wrll !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 mm s: 

FranCis OtJve5 Santa ~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 

tiona on lha a ~ Ilia co'nc/uslon '"""d ~· the 

i hearing, or lhfl Board m,; con- 1 vena a meellng at a !alai' ate lo I cons1c1ar- an 111a ,._, 

JUNTA DE MEJDRAMIENTO 

AMUIENTAL DE 

NUEVOUEICICO 

A V1SO DE AUD!ENCIA DE 

PLAN DE IUPWIENTACION 

ESTATAL 

The JUNTA DE MfJORAMIEHTO 

AMBIEtfTAL DE NUEVO MEXICO 

('Ia Joota") oalebrara ~ma audJan. Cla~el1 dee~de2011 

a 189 9:00 e. m. en Ia 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, 

por sus ~las an ~con el Rn 

de ctJ!IIPIIr con 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 

del Alre (an edelanle, NAAOS!siJ: sus ~IU en Ingles) rffll os para plomo. 

I Er propo!\111'118 de es1a ad~ de 8818 f8Qial:nantaclon y rtMBion 

\ 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<l1o de ~ audlenda Hublf. ca. = es Conskferar y tomar poslbles I Las notlflcaclones de lntencfon ( 

basadaB en una petlclon P8J'!I Ia audlancla sa Hanan que d M Dconreledona~~-' reclblr en Ia Olclna da Ia Junta 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::ll al m.mero de calendano 

Pro!eDCion del a- EIB11.07(R)~Iaau- db (en adalanle, EPA. dlencle. Lu dt Inpor sus~~ an ~las) en novJ. tenclon pa:=r ttstlmonlo embra de. 2008. a Sacclon 1ecn1co se someter a: 110(a~)de ~ CAA Ia e~ a~· earaa 'E!j,retanlar ~A.-... ' Fe!Cia Orlh, Adrnlnlstradora de Ia 

Clor de Ia A una "ttfraestructura Junia . de SIP" qua aborde los ra~~all.os llllclna ... .Mila rio . de las~ 110('5-(1,4) I da 

lrasanosdela%rom 

Ia danlnl de "' de 

del 1190 ~=-~-= St. Frant:fs Dr., 

f un NAAOS. Este IP " una com· Room 30SIHI 

pUaclon ~~ elementos qua de· j 8ania Fe, NM 87S02 

mu8Stra como ei Estado a; NtJB\10 

Maldco Imp-. ma-' Tela'- cml827<!3S9 ~hano ~~los NMOS ........ · Fax (50S) 7'2838 ' 

• El D cola"""' una )or· cua/qufer fnlambto dal publico nada de pue,!as ablertas lnlorina-1 tfva Jobrila Jntraeatructura de SIP = pueda lesllflclr an Ia au- del Promo an 18 Oflefna de Ia ncla. No se requiBra nctllce.· 

A1tWa ria Caticrad .. 1 AlM dal' don previa para presantar ~ 

I N ED, en 1301 Slier Ad, ;98 B, Sania Fe, New MlldCo 8750 , ~"'"''""'"' • Cualqular ml8mbm Ia tal 

de las 12:00 p. m. a lat 3:00 p. m. .l~ed& PI'Menlar pruebas 

del B cte 1unro: de 2011 en re 'cort su lftttrnOnro, 81-

emr.re y cuando Ia crueb" no La lnt'raeatruclura de SIP del Pfo.. rep mscesar!amen I el 1aatlmo podra ser examlnada en ho- mOnlo. · 

l8lfci de oflclna en Ia Oftllna de Ia = Un mlamlxo del pubflco en ganer- do Caldad dal Alre dal ,.:' 1301 Siar Rd, Bu~ al ~a de::,&reaantar una a.s Fa,NawMaxl:o E/siJJO. dec - 1:1 a! re<ord, enlaWaOdelNMED I en Iugar de otraeer = ._. www.rvnenu1a!a.nm.us o!reca ''I bal an ra auclencla, presen ra re 

texto ~o deJa revision pro. daciaraclon ascrlla antes de Ia 

P!J'SII de SIP; tamblen st &:Ide a..:dllmcla o l)l'888nlarla en Ia au· 

oblarww contsclando Gal oleo . d.enc'a 

llamando al lelafono {Sosj 41&4319 o las palliOI'IU que 1a11gan una In- ' envlandofa un correo eleclronlco a calllicldad y naeesllen 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 1190 St. FranCia Drive, Santa Fe, ( Amblen!al), de Ia ~ de MeJo- New Mexico, 87502, telefono 

ramle"J.f Ambient Ia Secclon 505-B27-9872, Loe UIUariol con 

74-1·9 MSA 197& Secc1on 

74-2-8 NMSA 1918 ria 1rr loy da ~tlnumerovYa lmpedinanlos "'""""' ~vor de 

Conlrol ria Caillad de AlM 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 prasantar ev· Yisadaa PfOPI.!88!aa cuando con-

=~~·; cluya Ia audlencla, o Ia Junta 

puBOa 0011Ytnlr una reunion en 

pora&crlfo, fllr& ~ ~ una fecha posterior para oonsfdet. 

y para &xamfnar te&Ugas. ~· are--1·~-· sonas gua de8een pre&erdar 18efl. dotlmal. Ma1 9'1, 2 

menlo tacnfco tlanin qUS.pt81Bll· tar a Ia Junta notlflciCion escnta 

de au lnlenclon cit hacer!o. La no- 1 tllltiCion de lmJnlo debe~&: 

111 Qtjan ~olllillcar eJ(Ios) tee!lgO(s) a Ia """"' preseot· pa~ I IN~fael/mOnb: 

(2) 'llcat- ,.,,19lecnlco ~ue Ia persona l&nga Ia lnlsnclon a Pra&erW e lndiCar las caifb. 

ciOOea del 1~, lnchdr 1118 deSCfl¢9n de su 185/ondo educafi.. 

"'y ~bore!; 

f3) reswnlt o lnclulr una cor:. del estlmon~lrecto de cada !go lecnko a k:ar Ia diUICion espe- rada del ltBtlmonlo de ese 18511go; 

~~ enumerar y deacrlblr, o adjijn· 

r, cada JHU8ba que se espera 

que ofrezca eaa persona en Ia 

~ 

audl=z 

el lexto de cuales- modlllcal:iones a faa regu. liteiol'les nuevas y reYIMdas pro- p-. 
( 

SUSANA MARTINEZ 

Governor 

JOHN A. SANCHEZ 

Lieutenant Governo1· 

June 28, 20 I I 

NEW MEXICO 

ENVIRONMENT DEPARTMENT 

Office of General 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 Quality Regulations 20.2.77, 20.2.78, and 20.2.82 

NMAC; and 

Proposed Revisions to the State Implementation Plan for Infrastructure of Lead 

National Ambient Air Quality Standard 

Dear Chairman and Members of the Small Business Regulatory Advisory Commission: 

This Jetter is to provide you with notice of two upcoming hearings in the above captioned 

matters. The first involves updates to the incorporation by reference of federal 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 I 11 and 112, the U.S. EPA retains the authority to enforce these 

standards regardless of whether a state chooses to implement them. Therefore adoption of these 

standards as state regulations does not add to the regulatory burden of industry, 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 or requirements in conjunction with the proposed Lead Infrastructure 

SIP. The purpose of the propose Infrastructure SIP is to provide EPA with an overview ofNew 

Mexico's capabilities to implement, maintain, and enforce the lead NAAQS. The Air Quality 

Bureau therefore does not believe the SIP will have any adverse impact on 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 of the 

Environmental Improvement Board on August I, 2011, at 9:00 a.m. in Room 317 at the State 

Capital in Santa Fe, New Mexico. A copy of the 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 ENVIRONMENTAL IMPROVEMENT BOARD 

NOTICE Of PUBLIC 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 of the hearing is 

to consider the matter of EIB 11-07 (R), proposed revisions to the New Mexico State Implementation Plan 

(SIP) under Section Il0(a)(2) of the Federal Clean Air Act (CAA) for the revised National Ambient Air 

Quality Standard (NAAQS) for Lead. 

The proponent of this regulatory adoption and revision is the New Mexico Environment Department 

("NMED"). 

The purpose of the public hearing is to consider and take possible action on a petition from NMED 

regarding implementation of the federally promulgated revisions to the NAAQS for lead that were adopted 

by the U.S. Environmental Protection Agency (EPA) in November of2008. Section l!O(a)(2) of the 

CAA requires states to submit to the EPA Administrator an "Infrastructure SIP" that addresses the 

requirements of sections llO(a)(2)(A)--(M) of the CAA within 3 years after the promulgation of a NAAQS. 

This SIP is a compilation of elements that demonstrates how the State of New Mexico 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 Siler Road, Building B, Santa Fe, New Mexico. Full text of 

NMED1s 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 of intent to do so. The 

notice of intent 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 of the 

witness, including a description of their education and work background; 

(3) summarize or include a copy of the direct testimony of each technical witness and state the anticipated 

duration of the testimony of that witness; 

( 4) list and describe, or attach, each exhibit anticipated to be offered by that person at the hearing; and 

(5) attach the text of any recommended modifications to the proposed new and revised regulations. 

Notices of intent for the hearing must be received in the Office of the Board not later than 5:00pm on July 

I 5, 2011, and should reference the docket number, EIB 11-07 (R), and the date of the hearing. Notices of 

intent to present technical testimony should be submitted to: 

Felicia Orth, Acting Board Administrator 

Office of the Environmental hnprovement 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 of the 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 of the testimony. 

A member of the 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 of this hearing process should contact Judy 

Bentley by July 15,201 I 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 number via 

the New Mexico Relay Network at I -800-659-833 I. 

The Board may make a decision on the proposed revised regulations at the conclusion of the hearing, or the 

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, 

20 II at 9:00a.m. at the State Capitol Building, Room 317, 490 Old Santa Fe Trail, Santa Fe NM 87501. 

The purpose of the hearing is to consider the matter of EIB 11-04 (R) proposed revisions to Air Quality 

Control Regulations 20.2.77 NMAC (New Source Performance Standards), 20.2.78 NMAC (Emission 

Standards for Hazardous Air Pollutants) and 20.2.82 NMAC (Maximum Achievable Control Technology 

Standards for Source Categories of Hazardous Air Pollutants). 

The proponent of this 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, 130 I Siler Rd. building B, 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 contacting Adam 

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 Improvement Act, 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 a written notice of intent to do so. The 

notice of intent 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 of the 

witness, including a description of their education and work background; 

(3) summarize or include a copy of the direct testimony of each technical witness and state the anticipated 

duration of the testimony of that witness; 

(4) list and describe, or attach, each exhibit antieipated to be offered by tl1at person at the hearing; and 

(5) attach the text of any recommended modifications to the proposed new and revised regulations. 

Notices of intent for the hearing must be received in the Office of the Board no later than 5:00pm on July 

15,2011, and should reference the docket number, EIB 11-04 (R), and the date of the hearing. Notices of 

intent to present technical testimony should be submitted to: 

Felicia 01ih, Acting Board Administrator 

Office of the 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 of the 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 of the testimony. 
A member of the 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 of this hearing process should contact Judy 

Bentley by July 15,2011 at the NMED, Human Resources Bureau, P.O. Box 26110, 1190 St. Francis 

Drive, Santa Fe, 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 a decision on the proposed revised regulations at the conclusion of the hearing, or the 

Board may convene a meeting after the hearing to consider action on the proposal. 

I 
( 

( 

Letter will be placed on Governor's letterhead once approved by the Governor's 

Administrative Services. 

Dr. Alfredo Armendariz 

Regional Administrator (6-A) 

August xx, 20 II 

U.S. Environmental Protection Agency, Region 6 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Dear Dr. Armendariz, 

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

Environmental Protection Agency 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 applicable provisions of the existing SIP which satisfy these 

requirements are cited in this demonstration. 

The hearing record for this SIP revision is attached, which includes the hearing transcript, 

exhibits, public notices, affidavits of publication, and notice of intent to present technical 

testimony. No public comments were received in this matter. Included with the attached 

hardcopy of the hearing record is an electronic copy of the record provided on disk which I 

certify to be an exact duplicate of the hardcopy. 

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

Mexico's requirements under Sections II O(a)(2) of the 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 of promulgation. 

Sincerely, 

Susana Martinez 

Governor of New 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 
( 

( 

STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER 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 

FOR ADOPTION OF SIP REVISIONS 

This matter comes before the New Mexico Environmental Improvement Board ("Board") 

upon a petition filed by the New Mexico Environment Department ("NMED" or "Department"), 

proposing adoption of an "infrastructure" state implementation plan ("SIP") for implementation 

of the revised National Ambient Air Quality Standard ("NAAQS") for lead. The Board heard 

testimony from the Department and admitted exhibits into the record. On August I, 20 II 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 of the promulgation by the U.S. Environmental Protection Agency ("EPA") of such 

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. § 

741 O(a)(2)(A}-(M). 

EIB No. 11-04 Proposed Statement of Reasons and Order 

Page 1 of 3 

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 of lead emissions, and emissions of lead from all 

area sources within the state are approximately 0.5 tons per year. There are no 

nonattainment areas for lead in or near New 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 of a demonstration of the sufficiency of the existing 

SIP, compiled in a matrix format. 

6. Under EPA's interpretation of the 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 of Section 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 the jurisdiction of the Board. 

9. On April15, 2011, NMED filed a petition with the Board for a public hearing in this 

matter. 

10. On May 2, 2011, at a meeting conducted in compliance with the Open Meetings Act and 

other applicable requirements, the Board granted the Department's request for a hearing. 

EIB No. 11-04 Proposed Statement of Reasons and Order 

Page 2 of3 
( 

II. On [date], 2011, Notice of Hearing was published in the Albuquerque Journal (in English 

and Spanish). See NMED Exhibit xx 

12. On [date], 20 II, Notice of Hearing was published in the New Mexico Register. See 

NMED Exhibit xx. 

13. NMED filed a Notice oflntent to Present Technical Testimony (NOI) on July 15,2011, 

in accordance with 20.1.1.302 NMAC. 

14. A hearing was held in this matter on August I, 2011 in Santa Fe, New Mexico. 

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 respect to 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 of NMSA 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 of the reasons stated above. 

ORDER 

By majority vote of a quorum of the Board members, the proposed regulatory revisions 

were approved by the Board on August I, 2011. Upon signature of the certification letter by 

Governor Martinez, the Department shall submit the SIP as expeditiously as possible to the EPA 

for approval. 

On Behalf of the Board 

EIB No. 11-04 Proposed Statement of Reasons and Order 

Page 3 of 3 

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 of the 

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): If appropriate please note that the Environmental Improvement Board approves permits and 

enforcement orders and that any potential conflicts of interest by members of the 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 11 O(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 of 40 CFR 51, Subpart H (Prevention of Air 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 NAAQS 

CarlI just wanted to reconfirm with you regarding what NM needs to do to satisfy the 11 O(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 11 O(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 satisfactory to EPA. 

Thanks! 

Gail 

Gail Cooke 

New Mexico Air Quality Bureau 

Phone: 505-476-4319 

Fax: 505-476-4375 

Please Consider the Environment Before Printing This E~mail 

I 
Confidentiality Notice: This e-mail, including all attachments is for the sole use of the intended 

recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, 

disclosure or distribution Is prohibited unless specifically provided under the New Mexico Inspection of 

Public Records Act. If you are not the intended recipient, please contact the sender and destroy all copies 

of this message. --This email has been scanned by the Sybari - Antigen Email System. 

2 
EIB 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 

19 
EIB 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 1 ead 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 

505-243-5018 
EIB 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 

505-243-501 8 
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 Hnki ng 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 requi renents. 

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 I HY TOWNSEND COURT REPORTERS 

505-243-5018 
EIB 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 requ1 red 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. 

20 Do you have exhibits that you want to --

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 

1 evidence.) 

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 1 eave 

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 

505-243-501 8 
EIB HEARING, 8/1/11 

21 

1 MS. RYAN: 1 'd jUSt 1 ike 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 

505-243·501 8 
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 - 5:22 

'70s [tl - 14:18 4 (2J - 4:8, 8:23 admitted ~J- 19:24, attended (tJ - 9:25 c 

19:25 attorney 121- 23:12, 

1 5 adoplt4J- 8:9, 23:15 

10:17, 10:19, 20:11 Anorney ~J- 2:7, capacities [tJ- 9:3 

1 (4J- 4:4, 8:5, 19:23, 5(2J-4:11, 10:8 adopted t•J - 13:23, 2:8 CapltoltoJ-1:15 

19:25 5,000(1)- 12:18 15:14, 15:15, 16:3, Augusti2J-1:13, care 111 • 21:6 

10 I4J- 4:22, 10:4, 505t~ -2:10,2:16 18:7, 18:11 16:22 CASCIANO {141 -

19:23, 19:25 5th m-16:22 adoptlon[t]-11:1 authorities 111- 9:3 2:4, 12:8, 12:18, 

10(a)(2toJ- 22:10 Advlaory~l- 4:17, avoid 111 - 5:25 12:20, 13:3, 13:8, 

10-08(RtoJ -18:8 6 9:22 aware 111- 19:5 13:8, 14:1, 14:5, 15:5, 

10:30[1)·1:16 aHectJng 11J- 5:24 15:22,21:13, 22:6, 

10:50[1[- 22:19 Allldavlta 111- 4:16 B 22:11 

11(1]- 3:8 6 (6}- 4:16, 9:20, afflnned 121 - 7:1 o, 

Casciano's (II- 17:3 

11-07 [1(- 5:10 9:25, 10:2, 10:5, 12:9 23:9 C888(1]·18:8 

11-07(R [1J- 1:3 

afraid 111- 21 :6 baaed t•J- 12:9, CBSApJ -12:17 

110(a)(1 t1J- 4:13 7 Agency 111- 8:21 12:13,12:21,12:23, CCR 11J- 23:20 

1190(1J- 2:15 

ahead!IJ-21:10 12:24, 17:14 certain 111- 13:19 

12 [1J- 7:22 7(4J- 3:7, 4:17, 9:23, 

AIR[1J- 1:5 Based 111- 12:22 certfflcatlon 111-

12112111 11J -23:22 16:8 

alr[eJ- 8:18,8:21, basic 111 - 9:3 11:8 

12131/2011 [1J- 13:13,15:8,18:14, BATES 112J- 3:5, certify (1J - 23:7 

23:20 8 

21:19 7:9, 14:22, 15:11' Chalrt3J- 6:23, 7:16, 

121h(1J- 8:20 Alr{13)- 4:9, 4:14, 16:1,16:12,16:19, 20:20 

1511!- 4:22 

5:8, 7:3, 7:20, 7:23, 17:12,18:9,18:11, change&I5J· 8:15, 

1S08(1J- 2:9 8~J-4:19, 11:1 8:24, 9:5, 9:9, 12:6, 18:18, 18:21 10:11,18:11,21:8, 

151ht1J -10:3 827-2824t1J- 2:16 13:10, 15:15, 18:2 Batesltl- 18:6 22:9 

17[1]• 4:11 827-6040(1J- 2:10 Albuquerque 121 - BEt1J·1:12 Cheryl t1J - 6:3 

17th (4J - 1 0:6, 87504-1508t1J- 2:9 9:18, 12:25 becomes [2J - 6:5, CHERYL 11 J - 23:6 

10:14, 12:15, 13:17 87505(1J- 2:15 aiiOW[l]-16;8 14:13 Clvll t2J- 2:8, 5:17 

19[10]- 4:4,4:5,4:7, 

almost 111 - 16:3 begin I1J- 8:21 clarify I1J - 12:9 

4:10,4:15,4:16,4:18, 9 AMBIENTt1J -1:5 BERNAULLO t1J- Clean l'l - 8:24, 9:9, 

4:20, 4:21' 4:22 

ambient 141 - 8:18, 23:3 12:6 

1990Si1J-1B:25 

8:21, 13:13, 15:8 big f1J- 21:9 closad [31- 18:13, 

1997 [1J- 17:14 

912J - 4:21 ' 1 0:25 Ambient !SJ- 4:9, Bllii1J - 6:24 18:17,20:17 

1si[1J·1:12 

4:14,5:7,9:5, 13:10 BILL11J- 2:13 closely!IJ-16:23 

A appear(1)- 22:7 blll.granthem@ closing 111- 20:7 

2 appearance 121 - stste.nm.us[1J- 2:16 combined 111 - 11 :25 

a.m121 -1:16,22:19 6:16,6:18 bi1!1J-11:24 commence[lJ-7:1 

ablllty 11J- 12:3 applaud 11! - 21 :16 BOARDt2J-1:1, comment [41 - 6:17, 

2(3J-4:5,4:13, 8:8 above-entlded 111 - apply!1J-5:18 11:20 20:5, 21:1' 21:13 

20.1.1 I1J- 5:12 1 :13 appreciate [31 - Boardt1~-1:15, comments 1121 -

2008(4J- 4:13, 8:20, accordance 131 - 16:17,22:2 2:2, 3:8, 5:3, 6:6, 10:1' 10:3, 10:5, 10:9, 

9:4, 17:15 5:11,9:16,13:12 appropriate I2J - 6:13, 6:23, 7:16, 10:13, 12:10, 12:14, 

2009t1J -18:14 according 111- 18:2 

11:11,15:10 10:17,10:19,11:17, 12:15, 17:10, 19:18, 

2011 f7)-1:13, 4:11, acronym 111- 12:17 appropriately 111 - 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 Comments 111- 4:22 

10:15 approve 121 - 21:11 , Board'& Ill- 5:12 Commission 13]-

2111J - 23:20 

Act I5J - 8:24, 9:9, 22:8 border[lJ-19:10 4:18,9:22,23:22 

12:6, 15:16, 18:3 approved I1J- 22:15 bottom llJ-12:17 Community 111-

3 

action 121 - 23:14, approving 121- 5:6, bOX[l]-13:9 12:22 

23:17 

add[ll- 14:19 

21:7 brief [1]- 20:7 community [1J- 8:1 

3t5J-4:6,9:7, 10:13, added [1)- 13:11 

Areal2! -12:22, 13:1 briefly f1J- 8:12 complies 111 - 9:10 

area 131- 11:25, BRYCE 14!- 2:5, concerned [11 - 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 -

3181(1]-9:17 20:18,22:19 

Arreguin I1J- 6:3 Building (OJ- 1:15 8:2 

admlnlstrator(3JARREGUIN 11J- 23:6 Bureau 141 - 7:4, conducted 111- 5:11 

5:10, 6:7, 6:17 

Aaarco [3] - 18:20, 7:20, 7:21' 7:24 confonnance 111 -

18:21 ' 18:22 Business 121 - 4:17, 21:25 

KATHY TOWNSE N D COURT REPORTERS 

505-243-5018 
confused 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 

COOKE 1111- 3:5, 

7:9,7:12,11:23, 

12:13, 12:19, 12:21, 

13:5, 13:7, 13:15, 

14:3, 14:8, 15:1, 

18:20, 18:22, 19:11, 

22:17 

cooke 111 - 7:6 

Cooke 17J- 3:6, 4:4, 

4:5, 7:3, 7:14,7:17, 

9:14 

copy 131- 6:4, 8:3, 

9:6 

costly 111- 19:3 

counsel [2]- 23:13, 

23:16 

Counsel121 - 2:13, 

2:14 

COUNTY 111- 23:3 

Court 111- 6:3 

court [1]- 6:5 

covert!!- 15:6 

credibility 111 - 5:24 

cross 121- 5:22. 5:25 

cross-examination 

[2) - 5:22, 5:25 

curious [tJ- 17:11 

D 

date(l]-21:15 

deadllnetn-16:21 

deal 121 - 15:23, 21 :9 

DEBORAH 111 - 2:3 

decided 111- 19:3 

decorum 111 - 5:19 

defined 111- 13:3 

deliberate 111- 20:22 

demonstration 111 -

9:2 

Department [to]-

2:14, 5:9, 7:20, 8:15, 

9:12, 9:14, 10:1' 

10:17,20:10,21:16 

Department'S!41-

6:14, 8:13, 9:6, 12:12 

descrtbe[1]- 8:12 

description 111-

9:10 

designated [11 - 5:3 

EIB HEARING, 8/1/11 

deterioration 121 - entered 111- 6:16 falls[tJ· 19:12 

13:20, 15:24 entitles [tJ- 15:1 far(tJ- 19:7 

determlne(tl -16:15 ent!Hed 1•1 - 1:13 favor (tl - 22:12 

develop 121- 7:25, Environment [31 - Fer<J-1:16, 2:9, 

8:2 2:14,5:9,7:19 2:15, 9:24 

diminished 111 - environment {21 - fearful It!- 21:7 

18:14 18:16,21:18 Federal ftJ- 17:21 

Direct [tJ - 3:6 environmental 111 - federal [ll)- 8:18, 

DIRECT111- 7:12 7:3 11:5,12:5, 14:12, 

direction 111- 21:22 ENVIRONMENTAL 15:17, 17:25 

directly 121- 6:4, 7:6 111- 1:1 leli[l)-19:11 

Division 121- 2:8, Environmental (51 - file(t]- 6:13 

2:12 1:14,2:2,2:12,5:3, filed 111- 5:9 

docketed 111- 5:9 8:20 Final 111- 4:8 

document 111 - 15:3 EPA 11~- 4:20, 4:22, financially [tJ -

done(J}- 17:24, 8:24, 8:25,10:2, 10:6, 23:16 

18:16,22:7 11:2,11:5,12:9, flrsti3J -7:10, 12:16, 

down 171- 13:9, 12:15, 13:17, 14:4, 20:25 

18:13, 18:17,18:23, 15:12, 16:5, 16:10, follow 111 - 17:2 

18:25,19:1,19:15 17:6, 17:19,18:3, follows 111- 7:11 

draft r<J - 1 0:5, 21:20 FORr•J-1:5 

10:14,11:2,11:12 EPA'srsJ-10:9, foragolng r~- 23:7, 

Dralt~]-4:11,4:19 10:13,12:11, 12:12, 23:8 

Drawer(1J- 2:9 12:13 form 111- 9:8 

Drive 111 - 2:15 especlallyr•J- 21:21 forth 111- 21:8 

duly 1~ - 7:10, 23:9 essentially 111- 9:2 Francis [tJ- 2:15 

durlng(IJ-19:5 eventually 111- 6:5 FULFER 13!- 2:3, 

dutleS]1] • 7:23 evidence 111 - 20:1 11:21,12:7 

Evidence 111 - 5:18 

E Examln&Uon 111- G 

3:6 

EXAMINATION 121 -

E-mail 111- 10:4 7:12,11:19 GAIL 131 - 3:5, 7:9, 

early~!- 14:18, examination !J) - 7:12 

18:25 3:8, 5:22, 5:25 Gallrsr- 3:6, 4:4, 

ellectr•J- 11:7 examined 111- 7;11 4:5, 7:3, 7:17 

effective 121- 21:18, examining 111- 7:6 gas (1]- 15:7 

21:24 exclude 111- 17:5 gases [41 - 13:12, 

efforts ~I - 21 :16, Exhibit 1131- 8:5, 13:14, 15:9, 17:6 

22:3 8:8, 8:23, 9:7, 9:20, General [41- 2:7, 

EIBr~-1:3,5:10, 9:23, 10:4, 10:8, 2:8, 2:13,2:14 

9:16 10:13, 10:20, 10:25, given[4)-13:16, 

elther121- 15:13, 11:1,12:8 14:4,20:12, 23:12 

15:21 exhibit 111 - 11 :6 government 111 -

El111- 18:21 exhibits 111 - 19:20 14:12 

Ela'nentsrtJ- 4:12 Exhlb~S[2)- 19:23, Govemor[3J- 4:20, 

eliminated 111- 19:25 11:2, 11:8 

18:14 exlsttng 111- 11:8 GRANTHAM 171 -

ELIZABElli 111- 2:6 expectt11- 16:24 2:13,6:22, 7:13, 

emissions 111- Expires r~- 23:20, 16:21,19:21,20:9, 

18:15 23:22 22:18 

employed r~ - 7:18, Grantham [4J- 3:7, 

23:13.23:16 F 6:18, 6:24, 20:7 

employeepJ- 23:15 grea1[1) -16:19 

encourage 111 - greenhouse !51 -

21:17 faclllty[3J -18:15, 13:12, 13:13, 15:7, 

ended 111- 19:3 18:17, 19:9 15:9, 17:6 

enforce 121 - 9:4, Fact 111- 4:8 GREGORY 111- 2:3 

12:4 fact r~- 8:22, 11 :25, guess 111- 21 :2 

English 111-9:19 12:2 Guidance 111- 4:11 

KATHY TOWNSEND COURT REPORTERS 

505-243-5018 

2 

guidance [4J - 10:6, 

10:14, 12:14, 13:17 

guldellneer•r - 1 8:1 

H 

harassment 111-

5:25 

hanna ftJ- 18:4 

haze[s]-14:23, 

16:9, 16:24, 17:14, 

17:16 

heard 111 - 5:15 

hearing ft5J - 1:14, 

5:5, 5:11. 5:14, 5:15, 

6:2, 7:1, 7:2, 7:4, 8:7, 

9:21,11:12, 16:25, 

19:19,20:17 

Hearing 171- 2:4, 

5:4, 6:14, 6:22, 10:22, 

19:21, 20:9 

held r~- 5:5, 9:24 

help 121- 14:5, 14:22 

helpfulr•J -13:6 

hereby 111- 23:7 

hereto 111- 23:16 

hour(2J- 1:16,8:17 

house 111 - 9:24 

hum (1]·12:19 

hurt 111- 17:22 

hurts 111 - 15:20 

hypotheUtai[1)-

17:4 

I 

Implement 141 - 9:4, 

12:4, 16:6, 17:20 

Implementation IBI -

5:6, 5:7, 7:25, 14:6, 

14:9, 14:14, 14:20, 

21:15 

IMPLEMENTATION 

[\)- 1:4 

Implementation 121 -

8:16, 17:21 

Important 111- 21 :14 

IMPROVEMENT 111-

1:1 

Improvement 13] -

1:14, 2:2, 5:3 

IN[t]-1:4 

Include l11 - 13:24 

Included 151- 8:3, 

9:7,10:7.11:6,13:20 

lncludesf1J- 13:19 

Incorporated [2J -

10:9, 14:17 
Infrastructure 111-

4:6 

Infrastructure [131-

5:6, 9:1' 9:2, 9:7, 

10:7, 10:12, 10:19, 

13:18, 14:3, 17:13, 

17:17,18:4,20:11 

JNFRASTRUClURE 

[1). 1:5 

Initiative 111 - 8:1 

Instance (11- 13:22 

intent [3)- 8:4, 

10:24,20:3 

Intent (1]- 6:14 

lnterestedrtJ • 23:17 

lnterjectrtJ -15:11 

Interpreting 111 • 

21:21 

Interstate 111 • 16:22 

Intimidation 111- 6:1 

introduce 111-6:19 

lssuertJ ·18:19 

Issued [5) - 8:21, 

10:6, 10:14, 12:14, 

13:17 

IT[tJ -1:12 

J 

JAMES 111 • 2:4 

JEFFREY [11 • 2:5 

JOHN 111· 2:4 

John 111 • 5:2 

loinlng 111 • 7:2 

Journal 111 - 9:19 

July121· 4:22, 10:3 

June[7J -4:11,9:25, 

10:6, 10:14, 12:15, 

13:17, 16:10 

K 

Kathy [1) • 6:3 

keep )2]. 21:15, 22:3 

key )1] • 21 :24 

kind [4J· 17:2, 17:7, 

17:10, 17:12 

knowlng[1J·16:17 

L 

language 111 • 8:2 

large [1)·14:8 

last 111- 7:4 

late[1J· 18:25 

Lead 1~ • 4:7, 4:9, 

4:13 

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, nsed 121 • 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, new JBJ • 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 might 111 • 15:24 2:9,2:14,2:15, 7:19, 

lengthy 111 - 5:16 monitoring [4)- 8:15,9:10,9:18, 

less 111 • 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 move 121 - 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, none 111 - 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, Notice 121- 4:16, 

machine 111- 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, 

Martinez 111 • 4:20 16:17, 16:19, 16:20, 

matrix 111 · 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 

mstters 131 - 5:23, 22:5, 22:8, 22:12, office 111· 6:6 

6:20, 6:25 22:14,22:17 Office 131- 2:8, 2:9, 

moen 121 - 17:6, MSA[tJ-12:25 2:14 

19:12 officer 111- 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 

Member 111· 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, name rSJ • 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, metropolitan 111 • ongoing 121- 15:3 

8:21, 13:13, 15:8, 12:23 21:22 

open 121 - 9:24, 

Metropolitan 111 - 20:16 

National ISJ- 4:9, 13:1 opportunity 111 -

KATHY TOWNSEND COURT REPORTERS 

505-243-5018 

3 

5:14 

opposed 111-22:14 

oral 111· 20:12 

Orderrtl • 4:21 

orderrtl -17:18 

orders 111 - 5:18 

original 111 - 17:9 

outgrowth 111 -

17:10 

outreach ftJ - 8:2 

overarchlng [41-

13:21, 14:14, 14:17, 

14:20 

overly 111· 21:7 

ozone(t]-17:15 

p 

PAGE 111 • 3:3 

page[J) ·12:16, 

13:8, 16:8 

pager 111 - 6:11 

Park 111- 19:12 

part [B) • 9:13, 11:4, 

12:11,14:13,16:1, 

18:24 

participating [tl20:19 

particular 121 • 11 :7, 

21:3 

partlss 121· 23:14, 

23:18 

PasortJ-18:21 

PbJtJ·4:14 

PEACOCK 191 • 2:3, 

16:8, 16:17, 16:20, 

17:1,20:21,21:12, 

22:12, 22:14 

parlod 111- 19:5 

parmlsslon [1] - 7:5 

parmi! [1] • 19:2 

parmlttlng 141 -

13:21, 18:1, 18:12, 

21:19 

person 111· 6:16 

personally 121 -

21:11,23:10 

persona 131 • 5:15, 

5:21,5:22 

petHion 121 - 5:8, 

17:9 

Petition 111 - 6:13 

phonertl· 6:11 

pick 111· 21 :25 

place[t]-17:16 

placed 111 - 15:25 

PLAN [tl· 1:4 

Plan 121 - 8:16, 17:21 

plan 1101-5:6, 14:6, 
14:9,14:10,14:11, 

14:14, 14:17, 14:21, 

21:15 

planner 111- 7:3 

planning 111 - 15:3 

planenJ- 8:1 

PM2.5(11- 17:15 

point 111 - 11 :25 

policy 111- 8:24 

population [11-

12:17 

portion 111- 14:24 

Post (1)- 2:9 

prefer 111- 17:20 

prellled 111 - 7:5 

preliminary 121 • 

6:20,6:25 

present 111- 6:9 

Pre&ent[1J- 6:15 

preserve111- 5:19 

prevention 121 · 

13:20, 15:23 

previous [1]-18:7 

Procedure[1J· 5:17 

procedures 121 • 

5:12, 5:13 

proceed !21- 7:6, 7:7 

proceeding 121 -

23:7, 23:14 

PROCEEDINGS 1•1-

1 :10 

Proceedings 111-

22:19 

procesa[2J-13:21, 

15:3 

program 131 - 21 :19, 

21:25, 22:3 

programs [31 - 9:13, 

13:21, 13:25 

pro)ecta[lJ- 8:1 

proof 111- 9:19 

proposal 121- 9:15, 

17:23 

Proposed ~I- 4:6, 

4:21 

proposed 161 - 8:13, 

9:6, 10:10, 10:12, 

10:25, 22:9 

PROPOSED 111- 1:4 

proposes 111- 8:15 

proposing 121- 9:12, 

10:17 

Protecdon (21 - 2:12, 

8:21 

protectlve[1J- 21:18 

provldepJ- 5:14, 

6:6, 9:14 

provided 111- 9:21 

provisions 111-

13:19 

EIB HEARING, 8/1/11 

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) - 14:23, RITA l2l- 3:5, 7:9 

Public 111- 4:16 17:14, 17:16 room 111 • 21:23 

public [7] - 6:5, 8:2, Regl&teri1J- 9:18 Room[l]-1:15 

9:15,9:17, 9:25, regulatlonstsJ - rule (41 - 13:24, 

11:13,20:5 9:13,9:17,11:1,11:6, 15:14, 17:25, 18:7 

publication 111 - 9:20 21:3 rulemaklng [31- 5:8, 

published 111 - 9:18 regulatory 131 - 8:2, 5:12, 9:17 

pursuanl[1J- 5:13 14:10,21:19 Rules [2]- 5:17 

push 121- 21:20, Regulatory 111- 9:22 rules 131- 15:24, 

22:1 related (2)- 16:23, 16:2, 18:12 

put~(-15:13, 15:20 23:13 RYAN lSI - 2:6, 

relatlve[1J- 23:15 14:25,21:1,22:5, 

Q relevant 111- 9:9 22:8 

REMEMBERED 111-

1:12 s quallly 1<1- 8:18, remind 111· 14:22 

6:22, 13:13, 15:6 reopenp]-19:2 

QUALITY 111 - 1 :5 repetition 111- 8:1 Sanla(4]·1:16, 2:9, 

Quality 1101- 4:9, reporter 111 - 6:5 2:15,9:24 

4:14, 5:8, 7:4, 7:20, Reporters 111 · 6:3 second 121· 13:9, 

7:23, 9:5, 13:10, request121 - 1 0:18, 22:11 

15:16, 18:2 15:13 section 111-15:5 

questions !51 • requeeted 111 - 13:23 Sections !11 · 4:12 

10:23,11:14,11:15, sections [2) • 9:9, 

11:17, 19:17 requests[1J- 20:10 15:22 

qulck(1J-21:10 Required 111 - 4:12 

seeing 111 - 20:6 

quite 111 - 15:20 required 101- 11:5, seem[:z)-15:9, 21:9 12:5, 14:12, 15:15, 

sentence 111- 17:6 

R 17:15, 18:3 

separale(IJ- 15:1 requirement f4J -

8:25, 13:16, 17:17, Sat(l]- 5:12 

really 121- 14:23, 18:1 Sheel(1J- 4:8 

17:9 requirements 171 - sheet 111- 8:22 

reason[3] -14:15, 9:11,11:9, 13:9, shorthand 111 -

17:8, 20:15 15:18, 16:5, 18:4, 23:10 

reasonable[1J- 5:14 22:10 ShOW[2]- 12:3, 

Reasons 111- 4:21 requlre&llJ-15:16 13:18 

reasons 121- 10:25, re&pecli1J- 16:22 showing 111 - 16:5 

20:12 respecHully 121 - shown{l]-10:11 

receive 111 - 10:3 10:18, 20:10 shut(3J-18:25, 

Recelvsd 111- 4:22 respond f3l- 16:11, 19:1, 19:15 

received 111- 10:1 16:15, 16:16 elgned 111 - 6:8 

recommendations response(3} -10:13, slgnHicant [4]-

(1)-12:11 16:12, 16:16 13:20, 15:24, 21:4, 

responses [2) - 17:7, 22:4 recordr~-6:6, 7:15, sllence[1J·6:12 20:16,20:17,23:11 22:13 

recorded 121- 6:2, reeums1n- 8:3 Slmultaneous(1J23:10 Resume 111- 4:4 22:13 

refer 111- 8:16 Revlew(lJ-13:19 SIP 1381- 4:6, 4:11, 

reference 121 - 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 - 18:6, reviewlng[tJ -16:13 10:10, 10:13, 10:16, 

18:20 revise 111 - 14: 19 10:19,11:3,11:5, 

regardless [2]- 6:9, revised 131 - 5:7, 11:7,14:2,14:3,14:7, 

12:2 8:21, 9:4 14:15, 14:23, 14:24. 

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 

soon 111- 16:25 

&Ort[1]- 18:16 

sounds 111- 18:9 

Source[l} -13:19 

source[2]- 19:14, 

21:4 

sources [31 • 11 :25, 

12:1,22:4 

southern 111- 18:24 

Spanish 111 • 9:19 

spelled (1(- 13:4 

88 [1)- 23:2 

Sl(1)- 2:15 

stack[lJ-19:11 

stand 121- 11 :15, 

12:20 

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 

Stale(2] -1 :15, 8:16 

stetement (21 -

10:25, 20:8 

Statement[1J- 4:21 

Statistical ~~ -

12:22, 13:1 

atatlstlcal [tJ- 12:23 

STEPHEN 111- 2:7 

stlllr21- 12:2, 12:3 

strike 131- 10:12, 

12:9, 12:10 

strlke-outr•l- 10:12 

strike-through 121-

12:9, 12:10 

stringent)~ -15:17, 

18:3 

strong 141- 21:17, 
21:18,21:24,22:3 

structurai[IJ-14:2 

sub)ecti<J- 5:21, 

5:23, 11:12 

subm~l21- 8:25, 

14:12 

submittal 111-4:19 

submitted 131- 6:17, 

16:9, 20:2 

subsection 111- 22:9 

sufflclenl{1)- 11 :9 

summary 111 - 13:1 0 

Sunland 111- 19:12 

svlgll@nmag.gov 

[1]- 2:10 

sworn [3) - 7:8, 7:10, 

23:9 

T 

tablell]-16:3 

tailoring 131- 13:24, 

17:25, 18:7 

Technical 111- 6:15 

terms 111 - 17:5 

testified (IJ- 7:11 

testily 111- 20:3 

Testimony 121 - 4:5, 

8:15 

testimony 1121 -

5:20, 5:21' 5:23, 6:9, 

7:5, 8;6, 8:9, 11 :23, 

20:13,23:8, 23:10, 

23:11 

Texesr11- 19:6 

TME 131- 1:4, 1 :4, 

11:20 

. they've 111 -13:23 

three 111 - 9:1 

llMOTliV 111· 2:5 

T0i1J·1:4 

today 121- 7:2, 8:9 

ton(1J -12:1 

Townsend 111- 6:3 

transcribed 111- 6:2 

TRANSCRIPT 111 • 

1:10 

transcrlpl[3J- 6:4, 

23:9, 23:11 

transmission 111-

11:4 

transmittals 111 • 

11:5 

transmitting [11-

11:2 

traneport [1]- 16:23 

triggered 111 - 8:25 

true 111- 23:11 

trylngi3J-16:15, 

EIB HEARING, 8/1/11 

19:1, 19:2 

turn 111 - 20:20 

typei2J-13:1, 14:10 

u 

um-hum 111- 12:19 

Under111- 4:12 

under(SJ- 5:20, 8:9, 

8:24, 12:5, 13:16, 

15:15,16:21,18:1 

underllne(2]- 10:12, 

12:11 

unreasonably 111 -

5:16 

Upl4]- 5:12, 17:2, 

19:3,21:15 

up-lo.odate 111 -

21:15 

v 

version 111 - 10:16 

vlewable(1]- 6:6 

VIGIL 131- 2:7, 18:6, 

18:10 

vlsuai[IJ -16:9 

VOLKERDING 191 -

2:4,5:1,7:7,11:16, 

17:2, 19:17, 19:24, 

20:2, 20:15 

Volkerdlng [1]- 5:2 

w 

wiggle 111 - 21 :23 

wish 111- 6:9 

WITNESSES 111- 3:4 

witnesses [5J - 6:19, 

7:8,11:18,23:8, 

23:12 

wrttten 141- 4:5, 

6:17, 8:6, 20:12 

y 

yeara ~~- 7:22, 9:1 

KATHY TOWNSEND COURT REPORTERS 

505-243-5016 

5 
ti 

STATEOFNEWMEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER OF PROPOSED REVISIONS 

TO THE STATE IMPLEMENTATION PLAN 

FOR INFRASTUCTURE OF LEAD NATIONAL 

AMBIENT AIR QUALITY STANDARD 

No. EIB 11-07 (R) 

ORDER AND STATEMENT OF REASONS 

FOR ADOPTION OF SIP REVISIONS 

This matter comes before the New Mexico Environmental Improvement Board ("Board") 

upon a petition filed by the New Mexico Environment Department ("NMED" or "Department"), 

proposing adoption of an "infrastructure" state implementation plan ("SIP") for implementation 

of the revised National Ambient Air Quality Standard ("NAAQS") for lead. The Board heard 

testimony from the Department and admitted exhibits into the record. On August 1, 2011 the 

Board deliberated and voted to adopt the proposed amendments for the reasons that follow: 

STATEMENT OF REASONS 

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 of each National Ambient Air Quality Standard ("NAAQS"), within three 

years of the promulgation by the U.S. Environmental Protection Agency ("EPA") of such 

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. § 

7410(a)(2)(AHM). 

EIB No. 11-07 Statement of Reasons and Order 

Page 1 of4 
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 of lead emissions, and emissions of lead from all 

area sources within the state are approximately 0.5 tons per year. There are no 

nonattainment areas for lead in or near New 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 of a demonstration of the sufficiency of the existing 

SIP, compiled in a matrix format. 

6. Under EPA's interpretation of the 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 of Section 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 the jurisdiction ofthe Board. 

9. On April 15, 2011, NMED filed a petition with the Board for a public hearing in this 

matter. 

10. On May 2, 2011, at a meeting conducted in compliance with the Open Meetings Act and 

other applicable requirements, the Board granted the Department's request for a hearing. 

Em No. 11-07 Statement of Reasons and Order 

Page 2 of4 
' ,. 

II. On May 31,2011, Notice of Hearing was published in the Albuquerque Journal (in 

English and Spanish). See NMED Exhibit 6b. 

12. OnMay31, 2011, Notice ofHearing was published in the New Mexico Register. See 

NMED Exhibit 6a. 

13. NMED filed a Notice of Intent to Present Technical Testimony (NOI) on July 15, 2011, 

in accordance with 20.1.1.302 NMAC. 

14. A hearing was held in this matter on August I, 2011 in Santa Fe, New Mexico. 

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 respect to the revised lead NAAQS. 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 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 of the reasons stated above. 

ORDER 

By majority vote of a quorum of the Board members, the proposed regulatory revisions 

were approved by the Board on August I, 2011. Upon signature of the certification letter by 

Effi No. 11-07 Statement ofReasona and Order 

Page 3 of4 
~··" 

Governor Martinez, the Department shall submit the SIP as expeditiously as possible to the EPA 

EIB No. 11-07 Statement ofReasons and Order 

Page4of4