Prepared by 

The State of New Mexico 

Environment Department 

Air Quality Bureau

New Mexico 

Recommended Area Designations 

for the 

2008 Revised Ozone NAAQS 
2

Table of Contents 

I. Introduction ..................................................................................................................... 4 

II. The 9-Factor Analysis and Boundary Determination: Doña Ana County ..................... 8 

II.1: Air Quality Data ................................................................................................................................. 8

II.2: Emissions Data ................................................................................................................................. 10

II.3: Population Density and Degree of Urbanization .............................................................................. 12

II.4: Traffic and Commuting Patterns....................................................................................................... 13

II.5: Growth rates and patterns ................................................................................................................. 16

II.6: Meteorology...................................................................................................................................... 17

II.7: Geography/Topography.................................................................................................................... 19

II.8: Jurisdictional boundaries .................................................................................................................. 20

II.9: Level of Control of Emissions Sources ............................................................................................ 20

II.9.1: Camino Real Landfill..................................................................................................................... 20

II.9.2: Other Major Sources...................................................................................................................... 20

II.9.3: Volatile Organic Compounds ........................................................................................................ 20

II.9.4: Nitrogen Dioxide ........................................................................................................................... 21

II.9.5: Carbon Monoxide .......................................................................................................................... 22

III: Boundary Recommendation - Sunland Park Area...................................................... 23 

IV.1: Justification for Boundary Recommendation.................................................................................. 24

Tables 

Table 1: 2009 New Mexico County Designations for 8-hour Ozone NAAQS (based on 

2006-2008 data) .................................................................................................................... 4 

Table 2: Sunland Park Area Monitoring Data .....................................................................8 

Table 3: Summary of Source Categories for 2002 Emissions Inventory - Sunland Park 

Area..................................................................................................................................... 11 

Table 4: Emissions in Paso del Norte Airshed................................................................... 11 

Table 5: Population and Housing Densities - 2000 - Census..............................................13 

Table 6: Travel Patterns to Work by County for 2000 ....................................................... 14 

Table 7: Inter-County Work Trips for 2000 ....................................................................... 14 

Figures 

Figure 1: Doña Ana County 2006-2008 Monitoring Data................................................... 9 

Figure 2: Doña Ana County Ozone Monitoring Network .................................................10 

Figure 3: Summary of Regional Emissions ........................................................................ 12 

Figure 4: Doña Ana County Annual Average Daily Traffic Flow Map for 2007 (New 

Mexico Department of Transportation). ............................................................................. 15 

Figure 5: Historical and Projected Population Growth for the Paso del Norte Airshed.....16 

Figure 6: Dona Ana County Monitor Wind Roses ............................................................. 18 

Figure 7: Previous 1995 Sunland Park 1-Hour Ozone Nonattainment Area..................... 24 

Figure 8: Total Emission Percentages for the Border Region. .......................................... 25 

Figure 9: Major Point Source Emissions for Doña Ana County. ...................................... 25 

Appendices 

Appendix A: EPA’s December 4, 2008 Area Designation Guidance Memo 

Appendix B: NMED Ozone Monitoring Data - 2006 through 2008 

Appendix C: Sunland Park Area Boundary Recommendation Map 

Appendix D: Sunland Park 1-Hour Ozone Nonattainment Designation Federal Register 

Appendix E: San Juan County Area 9-Factor Analysis 
3

Acronyms 

ADT Average Daily Traffic 

AQCR Air Quality Control Region 

AQS Air Quality System 

BBER Bureau of Business and Economic Research 

BLM Bureau of Land Management 

Btu British Thermal Unit 

CAA Clean Air Act 

CAAP San Juan County Clean Air Action Plan 

CBSA Core Based Statistical Area 

CO Carbon Monoxide 

EPA United States Environmental Protection Agency 

EPA Natural Gas 

STAR 

EPA Natural Gas Science to Achieve Results 

GCCS Gas Collection and Control System 

hp Horsepower 

HYSPLIT Hybrid Single-Particle Lagrangian Integrated Trajectory 

LFG Landfill Gas 

mi2

 Square Mile 

MMBtu Million British Thermal Unit 

MPO Metropolitan Planning Organization 

MSA Metropolitan Statistical Area 

NAAQS National Ambient Air Quality Standard 

NEI National Emissions Inventory 

NESHAP National Emission Standards for Hazardous Air Pollutants 

NMAC New Mexico Administrative Code 

NMDOT New Mexico Department of Transportation 

NMED New Mexico Environment Department 

NO2 Nitrogen Dioxide 

NOAA National Oceanic and Atmospheric Administration 

NOX Oxides of Nitrogen 

NSPS New Source Performance Standards 

NSR New Source Review 

ppm Parts per Million 

RAWS Remote Automated Weather Station 

RFD Reasonable Foreseeable Development 

SCRTD South Central Regional Transit District 

TPD Tons per Day 

TPY Tons per Year 

USPS United States Postal Service 

VISTAS Voluntary Innovative Strategies for Today’s Air Standards 

VOC Volatile Organic Compound 

WRAP Western Regional Air Partnership 

 
4

New Mexico Environment Department 2008 8-Hour Ozone 

Designation and Boundary Recommendations 

I. Introduction 

On March 12, 2008, the United States Environmental Protection Agency (EPA) revised 

the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) from 0.08 parts 

per million to 0.075 parts per million (ppm) (73 FR 16436; March 27, 2008). Section 

107(d)(1)(A) of the federal Clean Air Act (CAA) requires states to submit to EPA 

recommendations on area designations no later than one year after the promulgation of a 

new or revised NAAQS. Areas are to be identified as attainment, nonattainment, or 

unclassifiable. The deadline for submitting these recommendations is March 12, 2009. 

The State of New Mexico recommends that the counties under the jurisdiction of the New 

Mexico Environment Department (NMED), exclusive of tribal lands and Bernalillo 

County, be designated as identified in Table 1 below. These recommendations rely on air 

quality monitoring data using the most recent three consecutive years of quality-assured 

data (2006-2008) and EPA’s December 4, 2008 Area Designation Guidance Memo 

(Appendix A) as the basis for its recommendations. The data for 2005-2007 and 2006-

2008 for all ozone monitors are presented in Appendix B. 

Table 1: 2009 New Mexico County Designations for 8-hour Ozone NAAQS (based 

on 2006-2008 data) 

County 

County Monitor Data (4th 

Max 8-hr Avg., ppm) 

8-Hour Ozone NAAQS 

Recommendation 

Bernalillo County out of NMED’s jurisdiction out of NMED’s jurisdiction 

Catron County no data Attainment/Unclassifiable 

Chaves County no data Attainment/Unclassifiable 

Cibola County no data Attainment/Unclassifiable 

Colfax County no data Attainment/Unclassifiable 

Curry County no data Attainment/Unclassifiable 

De Baca County no data Attainment/Unclassifiable 

0.070 ---- La Union Non-attainment/partial 

0.069 ---- SPCY 

0.069 ---- Chaparral 

0.076---- Desert View

0.072 ---- Santa Teresa 

Doña Ana County 0.065 ---- Solano 

Eddy County 0.069 ---- Carlsbad Attainment 

Grant County 0.064 ---- Hurley Smelter Attainment 

Guadalupe County no data Attainment/Unclassifiable 

Harding County no data Attainment/Unclassifiable 

Hidalgo County no data Attainment/Unclassifiable 

Lea County 0.068 ---- Hobbs Attainment 

Lincoln County no data Attainment/Unclassifiable 
5

County 

County Monitor Data (4th 

Max 8-hr Avg., ppm) 

8-Hour Ozone NAAQS 

Recommendation 

Los Alamos County no data Attainment/Unclassifiable 

Luna County 0.058 ---- Deming Attainment 

McKinley County no data Attainment/Unclassifiable 

Mora County no data Attainment/Unclassifiable 

Otero County no data Attainment/Unclassifiable 

Quay County no data Attainment/Unclassifiable 

Rio Arriba County no data Attainment/Unclassifiable 

Roosevelt County no data Attainment/Unclassifiable 

0.061 ---- Bernalillo Attainment/Unclassifiable 

Sandoval County 0.070 ---- Rio Rancho Attainment/Unclassifiable 

0.065 ---- Bloomfield Attainment* 

0.075 ---- Navajo Lake

San Juan County 0.071 ---- Substation 

San Miguel County no data Attainment/Unclassifiable 

Santa Fe County no data Attainment/Unclassifiable 

Sierra County no data Attainment/Unclassifiable 

Socorro County no data Attainment/Unclassifiable 

Taos County no data Attainment/Unclassifiable 

Torrance County no data Attainment/Unclassifiable 

Union County no data Attainment/Unclassifiable 

Valencia County no data Attainment/Unclassifiable 

Bold - exceeds NAAQS 

*See discussion below. 

Within New Mexico, one monitor has detected ozone concentrations during the 2006-

2008 data time period that violates the revised 8-hour ozone standard of 0.075 ppm, the 

Desert View monitor located in southern Doña Ana County within the City of Sunland 

Park. The monitor located at Navajo Lake in eastern San Juan County recorded some 

anomalously high ozone concentrations in late October that, if valid, would have 

indicated this area was not in attainment with the 8-hour ozone standard. However, the 

NMED has recently determined that ozone monitoring data collected at the Navajo Lake 

site is likely not of sufficient quality to validate and certify for use in the 

attainment/nonattainment designation process. The NMED and EPA Region 6 are 

currently conducting a joint investigation into the validity of the data. However, as of 

this submittal, there is substantial doubt concerning the validity of the data, particularly 

data exceeding NAAQS collected in October 2008, and the resulting design value at 

Navajo Lake, excluding data that cannot be validated at this time is not in violation of the 

8-hour ozone standard. 

The New Mexico Environment Department has recently determined that ozone 

monitoring data collected at the Navajo Lake site may not be of sufficient quality to 

certify for use in the attainment/nonattainment designation process. The NMED and 

USEPA are currently conducting a joint investigation into the validity of the data; 
6

however, at this time, there is substantial doubt that the data is valid, particularly data 

collected in October 2008 that would indicate that the area would not attain the federal 

ozone standard. Due to this recent development, the state of New Mexico will not 

recommend ozone nonattainment status for San Juan County and part of Rio Arriba 

County, as was previously posted on our website. 

An extensive Through-the-Probe (TTP) performance audit of the ozone and nitrogen 

dioxide monitor was conducted by USEPA at the Navajo Lake monitoring site in San 

Juan County on March 4, 2009. As many of you know, the ozone monitor at this site has 

recorded the highest ozone levels in the county, and, in recent months, has recorded 

levels of ozone that did not appear to correlate with levels of ozone recorded at other 

monitors in the region. NMED and USEPA have conducted rigorous analyses at the site 

since October of 2008, including the co-location of an additional ozone monitor last 

November to determine if there were problems with the permanent monitor at the 

site. Initial statistical analysis of the audit by EPA showed that both the permanent and 

co-located monitors passed the audit; however, shortly after the audit a problem was 

identified with the subsequent monitoring data collected. At this time, there are several 

possible issues that may be the cause of the data errors. NMED is working with USEPA 

to ensure that future data collected at Navajo Lake is valid. 

The New Mexico Environment Department (NMED) draft recommendation “New 

Mexico Recommended Area Designations for the 2008 Revised Ozone NAAQS” was 

based on the ozone design value recorded at the Navajo Lake monitor site (2006-2008). 

The Navajo Lake monitor design value considered in the draft recommendation included 

some high ozone readings in October 2008 that contributed to the 0.077 ppm design 

value. After removing ozone data from October 2008 through the present from 

calculations, the new preliminary 8-hour ozone design value for Navajo Lake site (2006-

2008) is 0.075 ppm. This level is in attainment with the revised federal ozone standard of 

0.075 ppm. The other two federal regulatory design-value monitors in San Juan County 

(Substation and Bloomfield monitors) have design values below the revised 8-hour ozone 

standard. The Bloomfield monitor design value (2006-2008) is 0.065 ppm. The 

Substation monitor design value (2006-2008) is 0.071 ppm. A monitor design value must 

be greater than the revised 8-hour ozone standard of 0.075 ppm for a nonattainment 

designation. Based on EPA's statistical analysis, New Mexico is revising its 

recommendation to "Attainment" for San Juan County, and “Unclassifiable” for Rio 

Arriba County because there are no ozone monitors sited in Rio Arriba County. 

The NMED conducted an analysis to determine whether New Mexico would recommend 

the presumptive boundary for Doña Ana County area designation, or propose an alternate 

boundary. EPA recommends that the Core Based Statistical Area (CBSA) serve as the 

presumptive boundary when considering the geographic boundaries of an ozone 

nonattainment area. The presumptive boundary for Doña Ana County is the county’s 

boundaries. To assist with these determinations, NMED evaluated the 9 factors listed in 

Attachment 2 of EPA’s December 4, 2008 Memorandum on Area Designations for the 

2008 Revised Ozone National Ambient Air Quality Standards, as follows: 
7

 Air quality data 

 Emissions data (location of sources and contribution to ozone concentrations) 

 Population density and degree of urbanization (including commercial development) 

 Traffic and commuting patterns 

 Growth rates and patterns 

 Meteorology (weather/transport patterns) 

 Geography/topography (mountain ranges or other air basin boundaries) 

 Jurisdictional boundaries (e.g., counties, air districts, existing nonattainment areas, 

Reservations, Metropolitan Planning Organizations) 

 Level of control of emission sources 

Based on the results of the analysis, the NMED has decided to recommend an area 

smaller than the Doña Ana County CBSA. 

Should the 2009 ozone data for San Juan County demonstrate that the area is not in 

attainment with the 8-hour ozone standard, the 9-factor analysis completed for San Juan 

and Rio Arriba Counties is included as Appendix E. Given that the preliminary design 

value for this area is 0.075 ppm, there is a possibility that the state could recommend a 

nonattainment designation for the area in the future.
8

II. The 9-Factor Analysis and Boundary Determination: Doña Ana County 

Sunland Park, New Mexico lies within Doña Ana County, New Mexico. Doña Ana 

County has a total area of 3,804 mi.2

 and a population of 180,077 (estimate 2002). 

Sunland Park was officially designated as nonattainment for the 1-hour ozone NAAQS in 

a Federal Register announcement published June 12, 1995 (60 FR 30789), see Appendix 

D). Sunland Park was designated as a marginal nonattainment area. The nonattainment 

area included the communities of Sunland Park, Santa Teresa, and La Union, which will 

be referred to from now on as the Sunland Park area. The Sunland Park area is located 

along the border region of New Mexico and is adjacent to El Paso, Texas, and Ciudad 

Juarez, Mexico, in what is commonly referred to as the Paso del Norte Airshed. 

Due to the revocation of the 1-hour NAAQS for ozone in 2005, EPA required that all 

areas that were currently nonattainment for the 1-hour NAAQS, but in attainment for the 

new 8-hour NAAQS for ozone conduct an analysis to re-designate those nonattainment 

areas to attainment/maintenance status. An attainment plan was submitted to EPA for the 

Sunland Park area in June of 2007. NMED is still waiting on EPA approval of the 

attainment plan. 

The Sunland Park area is included within the El Paso Metropolitan Planning Organization 

(MPO). For population and employment determinations the MPO divided the area into 

four segments: 1) Sunland Park, 2) Santa Teresa, 3) La Union, and 4) Gadsden (the area 

north of La Union). 

II.1: Air Quality Data 

 

The monitoring network in Doña Ana County contains six federal regulatory designvalue monitors operated and maintained in accordance with 40 CFR 58. Table 2 below 

contains information on the current ozone monitors in the Sunland Park area. 

Table 2: Sunland Park Area Monitoring Data 

Sunland Park Area 

Year 

Site Name AQS# 

2005 

(ppm) 

2006 

(ppm) 

2007 

(ppm) 

2008 

(ppm) 

3-Year 

Avg. 

[2005-

2007] 

(ppm) 

3-Year 

Avg. 

[2006-

2008] 

(ppm) 

DesignValue 

(ppm) 

Sunland Park 35-013-0017 0.070 0.073 0.070 0.065 0.071 0.069 0.069 

Desert View 35-013-0012 0.076 0.080 0.076 0.074 0.077 0.076 0.076 

Santa Teresa 35-013-0022 0.070 0.073 0.073 0.072 0.072 0.072 0.072 

La Union 35-013-0008 0.070 0.072 0.068 0.071 0.070 0.070 0.070 

Bold – exceeds NAAQS 

Within the Sunland Park area monitoring network, only the Desert View monitor has 

recorded levels that exceed the revised 8-hour ozone standard of 0.075 ppm for the years 
9

of 2006-2008 (see Figure 1 below). Other monitors within the Sunland Park area have 

design-values between 0.069 and 0.072 ppm. The state has two other ozone monitors in 

Doña Ana County located in Chaparral and Las Cruces, NM (Solano). Both of those 

monitors have design-values below 0.075 ppm. Figure 2 shows the ozone monitoring 

network for Doña Ana County. 

Figure 1: Doña Ana County 2006-2008 Monitoring Data. 

Doña Ana County 2006-2008 Monitoring Data 

0.058

0.06

0.062

0.064

0.066

0.068

0.07

0.072

0.074

0.076

0.078

Solano La Union Chaparral Santa

Teresa

SPCY Desert

View

Monitor

Parts per Million

2006-2008 Design Value

Ozone NAAQS
10

Figure 2: Doña Ana County Ozone Monitoring Network 

II.2: Emissions Data 

The U.S. Environmental Protection Agency’s guidance requires that an emissions 

inventory be developed to identify the level of emissions in the violating area and 

adjacent regions that might have contributed to an area’s ozone exceedance. For the 

proposed Sunland Park Nonattainment area, the attainment inventory uses a base year of 

2002. The following table (Table 3) lists all actual emissions (area, point and mobile) 

for the base year of 2002 for the ozone precursors nitrogen oxides, carbon monoxide, and 

volatile organic compounds in tons per year and tons per day. 
11

Table 3: Summary of Source Categories for 2002 Emissions Inventory - Sunland 

Park Area 

Source 

Category 

NOx 

TPY TPD 

CO 

TPY TPD 

VOC 

TPY TPD 

Area 30.40 0.09 157.94 0.59 193.73 0.55 

Point 921.48 2.53 159.55 0.44 30.70 0.08 

Mobile 829.63 2.27 6,040.64 16.55 530.14 1.45 

TOTAL 

EMISSIONS 1,781.51 4.89 6,358.13 17.57 754.57 2.08 

* Point and mobile source emissions data from 2002 National Emission Inventory. Area source emission 

data from 2005 Sunland Park 8-hour ozone Maintenance plan. 

Air quality within the Paso del Norte Airshed has improved over the last 10 years due to 

cooperative efforts between the State of Texas, the State of New Mexico, and the State of 

Chihuahua in Mexico through organizations such as the Paso Del Norte Joint Advisory 

Committee. The Sunland Park area total VOC, CO and NOx emissions are 1.6% of those 

in El Paso and Ciudad Juárez combined. Table 4 shows the contributions from El Paso 

County and Ciudad Juarez in comparison to the Sunland Park area. 

Table 4: Emissions in Paso del Norte Airshed 

Source 

*Ciudad Juárez TPY 

VOC NOx CO 

**El Paso County TPY 

VOC NOx CO 

Sunland Park TPY 

VOC NOx CO 

Mobile 20,208 25,590 155,583 9,939 17,122 148,277 530 830 6,040 

Area 68,085 14,082 52,393 8,640 872 5,993 190 30 158 

Point 2,308 18,133 13,821 861 4,223 1,704 31 921 160 

Total 90,601 57,805 221,797 19,440 22,217 155,974 751 1,781 6,358 

Percentage 81.7 70.6 57.7 17.5 27.2 40.6 0.73 2.2 1.7 

* The emissions data for Ciudad Juarez comes from, The 1999 Mexico NEI: Six Border States and are 

based on the inventory data for the State of Chihuahua. This is the only complete emission inventory data 

currently available for this area. 

** The emissions data for El Paso comes from the, El Paso County 8-Hour Ozone Maintenance Plan and 

the El Paso Redesignation to Attainment for Carbon Monoxide and Maintenance Plan, both submitted to 

EPA by the Texas Commission on Environmental Quality in January of 2006. 

Figure 3 shows that the combined Paso del Norte airshed emissions (including the cites of 

Sunland Park, El Paso, and Juarez) for VOC, CO and NOx comprise 89% of the 

emissions within the region (Doña Ana County, City of El Paso, and Ciudad Juarez). The 

most significant emission contribution from Doña Ana County is CO emissions primarily 

from mobile sources, which comprise only 13% of the total CO emissions within the 

region. NOx and VOC emissions from Doña Ana County comprise less than 8% of the 

total emissions for the region. 
12

Percentage of Emissions

0

10

20

30

40

50

60

70

80

90

100

CO NOx VOC

TPY

Paso del Norte

Dona Ana Co. (w/o SLP)

Figure 3: Summary of Regional Emissions 

II.3: Population Density and Degree of Urbanization 

In order to determine the population of the proposed nonattainment area, the NMED used 

data from the U. S. Census Bureau - 2000 Census and estimated population counts for the 

city of Sunland Park. The data used for the proposed nonattainment area was retrieved 

using U.S. Postal Service (USPS) Zip Codes for: 1) Sunland Park, NM, 88063, 2) Santa 

Teresa, NM, 88008 and, 3) Anthony, NM, 88024. Anthony, NM is being used as a 

substitute due to the lack of census data for the La Union area. The reported population 

and housing units for the three zip codes totaled 16,735 and 4,864 respectively. The 

combined land area of the three communities, excluding any surface water, totaled 25.46 

mi2

. The proposed nonattainment area covers 42 mi2. 

The population housing density for the proposed nonattainment area equals 398.45 

people/mi2

 and 115.81 housing units/mi2,respectively. When the communities are 

looked at individually, the population and housing densities increase due to the exclusion 

of vacant land. For the city of Sunland Park and the communities of Santa Teresa and 

Anthony, the population densities change to 982.7 people/mi2

, 506.9 people/mi2, and 

204.3 people/mi2

 respectively. This information is summarized in Table 5 below. 

 
13

Table 5: Population and Housing Densities - 2000 - Census 

Population and Housing 

Density 

Santa 

Teresa 

88008 

Anthony 

88024 

Sunland 

Park 

88063 

Nonattainment 

Area Total NM 

Population 5,551 807 10,377 16,735 1,819,046 

Housing Units 1,856 224 2,784 4,864 780,579 

Total Area (mi2) 10.9 3.9 10.8 42 121,589.4 

Water Area mi2) 0 0 0.25 0.25 233.96 

Land Area (mi2) 10.9 3.9 10.5 42 121,355 

Density/mi2 

Population 506.9 204.3 982.7 398.5 15.0 

Housing Units 169.5 56.7 263.6 115.8 6.4 

 

Due to the close proximity of the Sunland Park area to El Paso County (2000 Census 

population of 704,318) and Ciudad Juarez (2000 population of 1,257,926), the U. S. 

Census Bureau classifies the three areas as urban. 

Since 1980, the community of Santa Teresa has been targeted by developers wishing to 

establish a commercial center on New Mexico’s southern border. Today, Santa Teresa is 

a busy port-of-entry with warehouses, customs broker services, and approximately 65 

import, manufacturing, and support operations that serve the community and its industrial 

park. 

II.4: Traffic and Commuting Patterns 

Within the Sunland Park area, the majority of the vehicular traffic is limited to a few 

major thoroughfares, including Hondo, Country Club Rd., NM 273 (McNutt), and 

Racetrack. For the whole of Doña Ana County, most vehicular traffic is concentrated to 

the central and southern part of the county. Figure 4 shows the traffic patterns for Doña 

Ana County. The major thoroughfares in the county are Interstate 25 and Interstate 10. 

Vehicular traffic on both of these thoroughfares increases when approaching the cities of 

Las Cruces and El Paso. 

The New Mexico South Central Council of Government Transit Service and Financial 

Plan that was issued in August of 2008 states that within Doña Ana County, nearly one in 

five residents (18.5%) travel to another county, primarily El Paso County, to get to work 

(see Table 6). The Plan was developed for the South Central Regional Transit District 

(SCRTD), which includes Doña Ana, Otero and Sierra Counties, all located in south 

central New Mexico. In 2000, more than 12,000 inter-county work trips were made by 

residents in south central New Mexico. Approximately 3,000 daily work trips were made 

from Otero County comprising about 12.6% of the people travelling to work. Only 400 

work trips comprising less than 10% of overall work trips were made out of Sierra 

County. 
14

Table 6: Travel Patterns to Work by County for 2000 

The Plan also indicates that more than 56% of all inter-county work trips in SCRTD 

originate in Doña Ana County with a final destination of El Paso County (see Table 7). 

Trips originating in El Paso County with a destination of Doña Ana County comprise 

nearly 25% of all inter-county work trips. More than 80% of the work trips in the 

SCRTD region occur between Doña Ana County and El Paso County. 

Another 11% of the work trips are comprised of trips originating in Otero County with 

destinations of either El Paso County or Doña Ana County. Inter-county trips between 

Otero and Lincoln Counties comprise another 4% of total inter-county trips. 

Table 7: Inter-County Work Trips for 2000 

County Trip/Origin-Destination Count Percent of Total 

Doña Ana - El Paso 10,446 55.85% 

El Paso - Doña Ana 4,674 24.99% 

Otero - El Paso 1,176 6.29% 

Otero - Doña Ana 882 4.72% 

Otero - Lincoln 419 2.24% 

Doña Ana - Sierra 347 1.86% 

Doña Ana - Otero 231 1.24% 

Sierra - Doña Ana 203 1.09% 

El Paso - Otero 163 0.87% 

 

County Total Workers 

Work in County of 

Residence Percent 

Doña Ana County 66,761 54,431 81.5% 

Otero County 24,896 21,769 87.4% 

Sierra County 4,362 3,956 90.7% 

El Paso County 244,464 232,843 95.2% 

Total 348,820 320,391 91.8% 
15

Figure 4: Doña Ana County Annual Average Daily Traffic Flow Map for 2007 (New Mexico Department o

Sunland Park
16

Historical and Projected Population Growth for 

Paso del Norte Airshed

0

500,000

1,000,000

1,500,000

2,000,000

2,500,000

3,000,000

3,500,000

1950

1960

1970

1980

1990

2000

2010

2020

2030

Population

Sunland Park

Dona Ana County

El Paso County

Ciudad Juarez

II.5: Growth rates and patterns 

In order to evaluate growth rates and patterns in the proposed nonattainment area, NMED 

analyzed changes in population and density, and current and future land use patterns. 

During the time period from 1990 to 2000, the Sunland Park area exhibited steady growth 

with nearly a 6.2% annual increase in population from 8,179 in 1990 to 13,309 residents 

in 2000. After 2000, the growth rate in the area slowed considerably with an estimated 

population of 14,225 in 2007 corresponding to a growth rate of 6.9% for this time period. 

Doña Ana County, from 1990 to 2000 showed an overall growth increase of 2.2% 

annually, with an increase in population from 135,510 to 174,682 in 2000. 

Within the Paso del Norte region the majority of the population growth centers around 

the cities of El Paso, Tex.; and Ciudad Juárez, Chihuahua. According to the 2000 

Census, approximately 2.25 million people reside in the Paso del Norte region, 1,257,926 

are residents of Ciudad Juárez. The El Paso County census reported 704,318 inhabitants, 

with a 1.45% annual growth rate throughout the 1990s; Ciudad Juarez showed a 4.36% 

average annual increase. Figure 5 illustrates the historic and projected population growth 

for the Paso del Norte region from 1950 through 2030. 

Figure 5: Historical and Projected Population Growth for the Paso del Norte 

Airshed 

The City of Sunland Park was incorporated in 1984 after sixty years of being an 

established railroad settlement. Nearly the entire city is privately owned with two-thirds 

of the land classified as vacant. Residential neighborhoods account for 14% of the area 

while commercial and industrial use accounts for 4.5% of the area. Approximately 42% 

is zoned residential with 27% of the City zoned for commercial/industrial uses. With the 
17

close proximity to the large and fast growing City of El Paso, Sunland Park may have a 

high demand for development in the future. Based on existing zoning, Sunland Park 

currently has vacant land to accommodate over 7,000 residential units (28,000 people 

based on average household size), 4.9 million square feet of commercial development 

and 5.2 million square feet of industrial development. 

To the north of the City of Sunland Park and Santa Teresa, historic and current 

agricultural land uses predominate in the area with no foreseeable changes in the future. 

To the west and north of Sunland Park, Doña Ana County has two dedicated sites zoned 

for industrial use, dubbed as Foreign Trade Zones. The first site is south of the Santa 

Teresa airport and is a mix of county and privately owned property equaling 

approximately 897 acres of land. The second site is located near the Santa Teresa Port of 

Entry on the international border with Mexico and encompasses approximately 304 acres 

of land. 

II.6: Meteorology 

The NMED has maintained design-value monitors that comply with federal regulations at 

each of its 6 monitoring sites in the Sunland Park area and has quality assured data since 

1996. To determine the predominant wind patterns in the area, NMED used data from 

1996 through 2008 to create wind rose charts. The Sunland Park area is surrounded on 

the northeast, east, southeast, south and southwest by the cities of El Paso, TX and 

Ciudad Juárez, Chihuahua, MX. The Sunland Park area, City of El Paso, and Ciudad 

Juarez are all part of the Paso del Norte airshed. The charts below (Figures 6.1 - 6.3) 

indicate that the wind flows from these directions nearly 55 percent of the time. The data 

also indicate that winds blow from the west approximately 22 percent of time. 
18

Figure 6: Dona Ana County Monitor Wind Roses 

Figure 6.1: Santa Teresa Monitor, January 23, 1996 – December 31, 2008

Figure 6.2: Desert View Monitor, February 20, 1996 – December 31, 2008
19

Figure 6.3: Sunland Park Monitor, January 1, 1996 – December 31, 2008

II.7: Geography/Topography 

The Paso del Norte Region lies along the Rio Grande River Valley encompassing El Paso 

County, TX, Doña Ana County, NM and Municipio de Ciudad Juárez, Chihuahua, MX. 

The Rio Grande flows south through Doña Ana County and the Mesilla Valley serving as 

a common boundary for the City of Sunland Park, NM, the City of El Paso, TX and 

Ciudad Juárez, Chihuahua, MX. As the Rio Grande exits New Mexico, the river bends 

around a large igneous formation known as Mount Cristo Rey. The river proceeds 

through the valley generally flowing in a southeasterly direction between El Paso and 

Ciudad Juárez into the Brad Valley in Texas. 

The topography of the Paso del Norte Region plays an important part in the transportation 

of air pollution and is used as a starting point to define the region’s air basin boundaries. 

Elevations in the Paso del Norte region range from 3,773 feet at the valley floor to 6,070 

feet at Range Peak in the Franklin Mountains. The Franklin Mountains in Texas lie to 

the east/northeast of the Sunland Park area and the Sierra Juárez lie to the south in 

Mexico. The Franklin and Sierra Juárez mountain ranges help define airflow patterns in 

the Sunland Park area through the creation of downward wind flows off the mountains 

into the valley areas. Over the past ten years, New Mexico has monitored high levels of 

particulate matter due to drainage into the Rio Grande River Valley from the south.
20

II.8: Jurisdictional boundaries 

The Paso del Norte region is a unique bi-national, tri-state community with shared air 

pollution problems. The Paso del Norte Air Basin is defined as El Paso County, TX, and 

portions of Doña Ana County, NM and Ciudad Juárez, Chihuahua. Within the state of 

New Mexico, the NMED holds jurisdictional authority to implement and enforce state 

and federal regulations pertaining to air quality with the exception of Bernalillo County 

in central New Mexico and tribal lands. No tribal lands exist within Doña Ana County. 

Transportation planning and programming for the southern portion of Doña Ana County 

falls under the jurisdiction of the El Paso MPO. The planning boundary for the MPO 

covers much of the Paso del Norte airshed in the United States. For past and present 

nonattainment areas in the southern portion of Doña Ana County, the El Paso MPO has 

been the responsible agency for transportation conformity planning. 

II.9: Level of Control of Emissions Sources 

II.9.1: Camino Real Landfill 

In August of 2000, the Camino Real landfill installed a gas collection and control system 

(GCCS), which significantly reduced their VOC emissions by greater than 99%. The 

GCCS consists of 36 vertical extraction wells and buried transmission piping to collect 

and convey landfill gas to a utility flare for destruction. Destruction of landfill gas is 

achieved by routing collected gas to a blower/flare assembly via a blower-induced 

vacuum. 

In 2006, the landfill installed landfill gas (LFG) scrubbers and Miratech IQ-34-18-H1 

oxidation catalysts on the exhaust of the facility’s two permitted LFG fired internal 

combustion engines. The installation of the scrubbers and oxidation catalysts reduced 

CO emissions by 90% and VOC emissions by 76%. 

II.9.2: Other Major Sources 

Within the Sunland Park area, there is only one other major source (El Paso Electric, Rio 

Grande Generating Station) which does not control NOX, VOC, or CO emissions. 

Outside of the Sunland Park area, there is also a flexible polyurethane foam manufacturer 

which is currently a major source of hazardous air pollutants, but has been a major source 

of VOCs in the past. 

II.9.3: Volatile Organic Compounds 

20.2.88 NMAC Emission Standards for New Motor Vehicles (also referred to as the 

Clean Cars Rule) requires that new passenger cars, light-duty trucks, or medium-duty 

passenger vehicles, or medium-duty vehicles be certified to the California standards, 

starting with model year 2011. This rule will reduce the amount of non-methane organic 

gases (of which VOCs are a subset) emitted from these mobile sources. 

The following federal rules contain performance or emission standards for VOCs that 

may apply to sources within the Sunland Park area: 
21

 NSPS Subpart JJJ- Standards of Performance for Petroleum Dry Cleaners. 

 NSPS Subpart WWW- Standards of Performance for Municipal Solid Waste 

Landfills. 

 NSPS Subpart JJJJ - Standards of Performance for Stationary Spark Ignition 

Internal Combustion Engines. 

 NESHAP Subpart H - National Emission Standards for Organic Hazardous 

Pollutants for Equipment Leaks 

 NESHAP Subpart M - National Perchloroethylene Air Emissions Standards for Dry 

Cleaning Facilities 

 NESHAP Subpart R - National Emission Standards for Gasoline Distribution 

Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations). 

 NESHAP Subpart HHH- National Emissions Standards for Hazardous Air 

Pollutants from Natural Gas Transmission and Storage Facilities. 

 NESHAP Subpart YYYY- National Emissions Standards for Hazardous Air 

Pollutants for Stationary Combustion Turbines 

 NESHAP ZZZZ- National Emissions Standards for Hazardous Air Pollutants for 

Stationary Reciprocating Internal Combustion Engines 

 NESHAP Subpart DDDDD- National Emissions Standards for Hazardous Air 

Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters 

 NESHAP Subpart CCCCCC- National Emissions Standards for Hazardous Air 

Pollutants for Source Category: Gasoline Dispensing Facilities 

 NESHAP Subpart HHHHHH - National Emissions Standards for Hazardous Air 

Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area 

Sources 

 NESHAP Subpart XXXXXX- National Emissions Standards for Hazardous Air 

Pollutants Area Source Standards for Nine Metal Fabrication and Finishing Source 

Categories 

II.9.4: Nitrogen Dioxide 

20.2.3 NMAC- Ambient Air Quality Standards establishes ambient air quality standards 

for those areas under NMED’s jurisdiction. The standard for nitrogen dioxide (NO2) is 

0.10 ppm as a 24-hour average, and 0.05 ppm as an annual arithmetic average. The 

annual average is more stringent than the NAAQS for NO2 of 0.053 ppm. All facilities 

that are required to obtain a New Source Review (NSR) permit under 20.2.72 NMAC or 

a Title V permit under 20.2.70 NMAC must demonstrate compliance with the State’s air 

quality standard before a permit can be issued. 

20.2.32 NMAC Coal Burning Equipment - Nitrogen Dioxide specifies nitrogen dioxide 

emission standards for coal burning equipment. The limit (pounds/MMBtu heat input) 

varies depending on when construction of the equipment was completed and it became 

fully operational. There are no sources located in the Sunland Park area that are subject 

to this rule. 
22

20.2.33 NMAC Gas Burning Equipment - Nitrogen Dioxide specifies nitrogen dioxide 

emission standards for new and existing gas burning equipment having a heat input 

greater than 1,000,000 million Btu per year. There is one source located in the Sunland 

Park area that is subject to this rule. 

20.2.34 NMAC Oil Burning Equipment - Nitrogen Dioxide specifies nitrogen dioxide 

emission standards for oil burning equipment having a heat input greater than 1,000,000 

million Btu per year. There are no sources located in the Sunland Park area that are 

subject to this rule. 

20.2.88 NMAC Emission Standards for New Motor Vehicles requires that new passenger 

cars, light-duty trucks, or medium-duty passenger vehicles, or medium-duty vehicles be 

certified to the California standards, starting with model year 2011. This rule will reduce 

the amount of nitrogen oxides emitted from these mobile sources. 

There are no other state rules that require control of NOx emissions, except for permitting 

rules that require sources to meet state and national ambient air quality standards. 

 

The following federal rules contain performance or emission standards for NOX that may 

apply to sources within the Sunland Park area: 

 NSPS Subpart D- Standards of Performance for Fossil-Fuel-Fired Steam 

Generators for which Construction is Commenced after August 17, 1971. 

 NSPS Subpart Da - Standards of Performance for Electric Utility Steam 

Generating Units for which Construction is Commenced after September 18, 1978. 

 NSPS Subpart Db - Standards of Performance for Industrial-CommercialInstitutional Steam Generating Units 

 NSPS Subpart Dc- Standards of Performance for Small Industrial-CommercialInstitutional Steam Generating Units 

 NSPS Subpart IIII - Standards of Performance for Stationary Compression 

Ignition Internal Combustion Engines 

 NSPS Subpart JJJJ- Standards of Performance for Stationary Spark Ignition 

Internal Combustion Engines 

II.9.5: Carbon Monoxide 

20.2.3 NMAC- Ambient Air Quality Standards establishes ambient air quality standards 

for those areas under NMED’s jurisdiction. The standard for carbon monoxide (CO) is 

8.7 ppm as an 8-hour average, and 13.1 ppm as a 1-hour average. Both of the standards 

are more stringent than the NAAQS for CO, 9 ppm (8-hour average) and 35 ppm (1-hour 

average). All facilities that are required to obtain a New Source Review (NSR) permit 

under 20.2.72 NMAC or a Title V permit under 20.2.70 NMAC must demonstrate 

compliance with the State’s air quality standard before a permit can be issued. 
23

20.2.37 NMAC- Petroleum Processing Facilities specifies CO standards for existing and 

new petroleum processing facilities. There are no petroleum processing facilities in the 

Sunland Park area 

20.2.62 NMAC- Municipal Waste Combustion contains emission limits for CO. There is 

one municipal waste combustor in the Sunland Park area. 

20.2.63 NMAC- Biomedical Waste Combustion contains emission limits for CO. There 

are no biomedical waste combustors in the Sunland Park area. 

20.2.88 NMAC- Emission Standards for New Motor Vehicles requires that new passenger 

cars, light-duty trucks, or medium-duty passenger vehicles, or medium-duty vehicles be 

certified to the California standards, starting with model year 2011. This rule will reduce 

the amount of carbon monoxide emitted from these mobile sources. 

The following federal rules contain performance or emission standards for CO that may 

apply to sources within the Sunland Park area: 

 NSPS Subpart CCCC- Standards of Performance for Commercial and Industrial 

Solid Waste Incineration Units for which Construction is Commenced after 

November 30, 1999 or for which Modification or Reconstruction is Commenced on 

or after June 1, 2001. 

 NSPS Subpart EEEE- Standards of Performance for Other Solid Waste Incineration 

Units for which Construction is Commenced after December 9, 2004, or for which 

Modification or Reconstruction is Commenced on or after June 16, 2006. 

 NSPS Subpart IIII- Standards of Performance for Stationary Compression Ignition 

Internal Combustion Engines. 

 NSPS Subpart JJJJ- Standards of Performance for Stationary Spark Ignition Internal 

Combustion Engines 

III: Boundary Recommendation - Sunland Park Area 

The State of New Mexico is recommending the same nonattainment boundary for the 

Sunland Park area as the 1-hour nonattainment boundary approved by EPA (60 FR 

30789) in 1995 (Appendix D). This nonattainment area boundary is approximately 42 

mi2

 in area (see Figure 7). The northern portion extends from the north boundary at 

latitude 32 00' south to about latitude 31 49'. The area is roughly 3.5 miles in width by 

6.25 miles in height for a total of 21.9 mi2. The southern portion extends from 31 49' 

south to the Mexico border and is about 8 miles by 2.5 mi. for a total of 20.0 mi2

. This 

42 mi2 area represents 1.10% of the total county area. The nonattainment boundary area 

includes the communities, from south to north, of Sunland Park, Santa Teresa, and La 

Union. This nonattainment boundary area does not include the Santa Teresa border 

crossing. Although the U. S. Census Bureau categorizes the Paso del Norte airshed as 

urban, the Sunland Park area is largely rural with a small population and is primarily 

agricultural along the Rio Grande, especially north of Santa Teresa. 
24

Figure 7: Previous 1995 Sunland Park 1-Hour Ozone Nonattainment Area 

IV.1: Justification for Boundary Recommendation 

The land area of Doña Ana County is approximately 3% of the total land area of New 

Mexico. Since Sunland Park was originally designated nonattainment for the 1-hour 

ozone standard in 1995, the State of New Mexico has maintained that the predominate 

sources contributing to the ozone exceedances in the Sunland Park area are not within 

Doña Ana County or even within the State of New Mexico’s jurisdiction. As Figure 8 

shows, Doña Ana County as a whole only contributes 11% of the combined total NOX, 

VOC, and CO emissions within this region. 
25

Percent Emissions Comparison

89%

11%

Paso del Norte

Dona Ana Co. (w/o SLP)

Major Point Source Emissions 

25%

75%

Dona Ana County w/o

SLP

Sunland Park (SLP)

Figure 8: Total Emission Percentages for the Border Region. 

Although designations for nonattainment areas are traditionally based on the CBSA, 

basing the boundary on the Las Cruces, New Mexico Metropolitan Area CSA (Doña Ana 

County) would result in limited emissions reductions outside of the Sunland Park area. 

As Figure 9 shows, 75% of the ozone precursor emissions generated by major sources 

originate within the recommended nonattainment area. 

Figure 9: Major Point Source Emissions for Doña Ana County. 

The monitoring data for the region also does not support including all of the Las Cruces 

MSA in the designation boundary. The violating monitor (Desert View site) is located in 

the southeastern corner of Doña Ana County. This monitor is approximately 35 mi. south 

of the Solano monitoring site located in Las Cruces. As Table 2 shows, there is a 

significant difference in the design-values for Desert View compared to the Solano 

monitoring site. In contrast, the preliminary 2006-2008 design-value for the City of El 

Paso, as of November 3, 2008, is 0.078 ppm. This indicates that ozone emission levels 
26

monitored within the Sunland Park area are more indicative of the levels monitored in the 

City of El Paso than with the levels recorded to the north of the Sunland Park area. 

The Paso del Norte Airshed is located in a region characterized by high mountain ranges 

and low river valleys. The Sunland Park area is located at one of the lowest points within 

the Rio Grande river valley with prevailing winds from the southeast. Based on the 

terrain, prevailing winds, and close proximity to two major metropolitan areas (El Paso 

and Ciudad Juarez), it is evident that the violation monitored in Sunland Park is not the 

result of New Mexico sources outside of the Sunland Park area. 
Appendix A 






Appendix B 
Appendix B: NMED Ozone Monitoring Data - 2006 through 2008 

Year (4th highest measured ppm) 

County Site Name AQS# 2006 (ppm) 

2007 

(ppm) 

2008 

(ppm) 

3-Year 

2006-2

(ppm

6O - La Union 35-013-0008 0.072 0.068 0.071 6ZG - SPCY 35-013-0017 0.073 0.070 0.065 6ZK - Chaparral 35-013-0020 0.072 0.068 0.067 6ZM - Desert View 35-013-0021 0.080 0.076 0.074 6ZN - Santa Teresa 35-013-0022 0.073 0.073 0.072 

Doña Ana County 6ZQ - Solano 35-013-0023 0.070 0.062 0.065 Eddy County 5ZR - Carlsbad 35-015-1005 0.076 0.066 0.067 Grant County 7T - Hurley Smelter 35-017-1003 0.067 0.062 0.064 Lea County 5ZS - Hobbs 35-025-0008 0.075 0.064 0.067 Luna County 7E - Deming 35-029-0003 0.053 0.062 0.060 

2ZJ - Bernalillo 35-043-1001 0.064 0.063 0.057 

Sandoval County 2ZR - Rio Rancho 35-043-1003 0.074 0.071 0.065 

1ZB - Bloomfield 35-045-0009 0.063 0.069 0.063 1NL - Navajo Lake 35-045-0018 0.079 0.079 0.069 

San Juan County 1H - Substation 35-045-1005 0.071 0.073 0.069 Santa Fe County 3SFA - Santa Fe Airport 35-049-0021 ### 0.063 0.066 Bold – exceeds NAAQS 
Appendix C 

Southern Doña Ana County, NM Major Source Index 

El Paso, Texas Major Source Index

2002 Emissions (TPY

ID Latitide Longitude Facility Name NOx VOC 1 31.8169 -106.4144 USAADA 184 51 2 31.7592 -106.375 El Paso Electric Newman Station 1492 110 3 31.965 -106.5839 Border Steel 87 4 4 31.7673 -106.4028 Western Refining El Paso Refining 488 302 5 31.7638 -106.3883 Phelps Dodge El Paso Plant 65 16 6 31.9695 -106.3982 El Paso Natural Gas Compressor Station 239 2 

2002 Emissions (TPY) 

ID Latitide Longitude NM Facility Name NOx VOC C1 31.805556 -106.545306 El Paso Electric - Rio Grande Generating Station 912 25 12 31.789408 -106.594775 Camino Real Landfill 2 1 13 36.699678 -107.974211 Foamex - Santa Teresa Plant 10 54 1
Appendix D 
Designation of Area for Air Quality Planning 

Purposes; New Mexico; Designation of Sunland 

Park Ozone Nonattainment Area 

[Federal Register: June 12, 1995 (Volume 60, Number 112)] 

[Rules and Regulations] 

[Page 30789-30791] 

From the Federal Register Online via GPO Access [wais.access.gpo.gov] 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 81 

[NM-25-1-6980; FRL-5218-1] 

 

Designation of Area for Air Quality Planning Purposes; New 

Mexico; Designation of Sunland Park Ozone Nonattainment Area 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to section 107(d)(3) of the Clean Air Act (CAA), the 

EPA is taking final action to redesignate a portion of Dona Ana County, 

New Mexico (i.e. the Sunland Park area) from unclassifiable/attainment 

to nonattainment for the ozone National Ambient Air Quality Standards 

(NAAQS). The redesignation is based upon violations of the ozone NAAQS 

which were monitored from 1992-1994. 

EFFECTIVE DATE: July 12, 1995. 

ADDRESSES: Copies of the documents relevant to this action are 

available for public inspection during normal business hours at the 

addresses listed below. The interested persons wanting to examine these 

documents should make an appointment at least twenty-four hours before 

the visiting day. 

U.S. Environmental Protection Agency, Region 6, Air Programs Branch 

(6T-A), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733 

New Mexico Environment Department, Air Monitoring & Control Strategy 

Bureau, 1190 St. Francis Drive, room So. 2100, Santa Fe, New Mexico 

87503 

FOR FURTHER INFORMATION CONTACT: Mr. Mark Sather, Planning Section 

(6TAP), 

Air Programs Branch (6T-A), USEPA Region 6, 1445 Ross Avenue, 

Dallas, Texas 75202-2733, telephone (214) 665-7258. 

SUPPLEMENTARY INFORMATION: 
Background 

 The CAA authorizes the EPA to revise the designation of current 

ozone areas from unclassifiable/attainment to nonattainment on the 

basis of air quality data, planning and control considerations, or any 

other air quality-related considerations the EPA deems appropriate (see 

section 107(d)(3) of the CAA). 

 Following the process outlined in section 107(d)(3) of the CAA, on 

December 16, 1994, the Regional Administrator of the EPA Region 6 

notified the Governor of New Mexico that the EPA believed the Sunland 

Park area should be redesignated as nonattainment for ozone. Under 

section 107(d)(3)(B) of the CAA, the Governor of New Mexico was 

required to submit to the EPA the designation considered appropriate 

for the Sunland Park area within 120 days after the EPA's notification. 

The EPA received the State's response for the Sunland Park area on 

February 6, 1995 (letter dated January 30, 1995). Following receipt of 

the Governor's letter, the EPA proceeded to propose the nonattainment 

designation for the Sunland Park area (see 60 Federal Register (FR) 

17756-17758, April 7, 1995). The EPA now is taking final action on the 

proposed nonattainment redesignation. Based upon the EPA's review of 

the State's January 30, 1995, letter for the Sunland Park area, the EPA 

is finalizing a redesignation to nonattainment which is consistent with 

the request submitted by the Governor of New Mexico. 

 Section 107(d)(1)(A) of the CAA sets out definitions of 

nonattainment, attainment, and unclassifiable. A nonattainment area is 

defined as any area that does not meet (or that significantly 

contributes to ambient air quality in a nearby area that does not meet) 

the national primary or secondary ambient air quality standard for 

ozone (see section 107(d)(1)(A)(i) of the [[Page 30790]] CAA) <SUP>1. 

Thus, in determining the appropriate boundaries for the nonattainment 

area finalized in this action, the EPA has considered not only the area 

where the violations of the ozone NAAQS are occurring, but nearby areas 

which significantly contribute to such violations. 

 \1\ The EPA has construed the definition of nonattainment area to 

require some material or significant contribution to a violation in a 

nearby area. The Agency believes it is reasonable to conclude that 

something greater than a molecular impact is required. 

Response to Public Comments 

 In the April 7, 1995, proposal FR action, the EPA requested public 

comments on all aspects of the proposal, including the appropriateness 

of the proposed designation and the scope of the proposed boundaries. 

The EPA received no comments on the proposal FR action. 

Final Action 

 As noted above, pursuant to section 107(d)(3) of the CAA, the EPA 

is authorized to initiate the redesignation of areas as nonattainment 

for ozone. Based on the ozone air quality monitoring data for the 

Sunland Park monitoring station, the EPA notified the Governor of New 
Mexico on December 16, 1994, that the Sunland Park area should be 

redesignated from unclassifiable/attainment to nonattainment for the 

ozone NAAQS. Ozone monitoring began in Sunland Park on June 15, 1992. 

Seven measured exceedances of the ozone NAAQS have been recorded at the 

monitoring site, ranging from a low of .126 parts per million (ppm) to 

a high of .140 ppm. The seven exceedances represent a violation of the 

ozone NAAQS (see 40 Code of Federal Regulations (CFR) 50.9). Since less 

than three years of data have been collected at the Sunland Park 

monitoring site, the EPA design value (used to determine ozone 

attainment status) for the site is the third highest ozone value 

recorded--.136 ppm. Therefore, the Sunland Park ozone nonattainment 

area is classified as a marginal ozone nonattainment area according to 

the classification scheme set forth in section 181 of the CAA. Due to 

the marginal classification, the attainment date for the Sunland Park 

ozone nonattainment area will be three years from the effective date of 

this Federal Register final action establishing the nonattainment 

designation and classification. 

 In response to the EPA's December 16, 1994, letter, on January 30, 

1995, the Governor of New Mexico concurred with the EPA that a small 

area of southern Dona Ana County, including Sunland Park, be 

redesignated as nonattainment for the ozone NAAQS. However, the 

Governor did not concur with the proposed nonattainment boundaries in 

one respect, proposing an alternate western boundary for the 

nonattainment area. Based on the information provided by the Governor, 

including monitoring data, the EPA believes that the nonattainment 

boundaries submitted by the Governor are appropriate. The technical 

information supporting the redesignation request and the boundary 

selections are available for public review at the addresses indicated 

above. 

Significance of Final Action for the Sunland Park Area, New Mexico 

 Within 24 months after the effective date of this final action on 

the nonattainment redesignation, New Mexico must submit an 

implementation plan for the Sunland Park ozone nonattainment area 

meeting the requirements of part D, title I of the CAA (see section 

182(a) of the CAA). 

 The CAA provides that the plan for the area must contain, among 

other things, the following items: 

1. A comprehensive, accurate, current inventory of actual 

emissions from all sources, as described in section 172(c)(3) of 

the CAA, in accordance with guidance provided by the EPA. The 

pollutants inventoried must include volatile organic compounds 

(VOC), nitrogen oxides (NO<INF>X) and carbon monoxide. No later 

than the end of each three year period after submission of the 

initial inventory, until the area is redesignated to attainment, 

the State must submit a revised inventory meeting all EPA 

requirements (see section 182(a)(1) of the CAA). 
2. Requirements that the owner or operator of each stationary 

source of NOx or VOC provide the State with a statement, in such 

form as the EPA may prescribe, for classes or categories of 

sources, showing the actual emissions of NOx and VOC from that 

source. The first such statement must be submitted to the State 

within three years after the effective date of this final action 

establishing the nonattainment designation. Subsequent statements 

shall be submitted at least every year thereafter. The statement 

shall contain a certification that the information contained in 

the statement is accurate to the best knowledge of the individual 

certifying the statement. The State may waive the emission 

statement requirement for any class or category of stationary 

sources which emits less than 25 tons per year of VOC or NOx, if 

the State, in its initial and periodic emission inventories, 

provides an inventory of emissions from such class or category of 

sources, based on the use of the emission factors established by 

the EPA, or other methods acceptable to the EPA (see section 

182(a)(3)(B) of the CAA). 

3. A revised nonattainment new source review permitting program 

meeting the requirements of sections 172(c)(5) and 173 of the 

CAA, including the requirement that the ratio of total emission 

reductions of VOC to total increased emissions of such air 

pollutant shall be at least 1.1 to 1 (see section 182(a)(4) of 

the CAA). 

4. Revised conformity rules (Regulations 20 NMAC 2.98 and 20 NMAC 

2.99) if necessary (see sections 176 and 182 of the CAA). 

Miscellaneous 

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA 

must prepare a regulatory flexibility analysis assessing the impact 

of any proposed or final rule on small entities (5 U.S.C. 603 and 

604). Alternatively, the EPA may certify that the rule will not have 

a significant impact on a substantial number of small entities. 

Small entities include small businesses, small not-for-profit 

enterprises, and government entities with jurisdiction over 

populations of less than 50,000. 

 Redesignation of an area to nonattainment under section 107(d)(3) 

of the CAA does not impose any new requirements on small entities. 

Redesignation is an action that affects the planning status of a 

geographical area and does not, in itself, impose any regulatory 

requirements on sources. To the extent that the area must adopt new 

regulations, based on its nonattainment status, the EPA will review, 

as appropriate, the effect of those actions on small entities at the 

time the State submits those regulations. I certify that approval of 

the redesignation request will not affect a substantial number of 

small entities. 

Under section 307(b)(1) of the CAA, petitions for judicial review of 

this action must be filed in the United States Court of Appeals for 

the appropriate circuit by August 11, 1995. Filing a petition for 

reconsideration by the Administrator of this final rule does not 
affect the finality of this rule for the purposes of judicial review 

nor does it extend the time within which a petition for judicial 

review may be filed, and shall not postpone the effectiveness of 

such rule or action. This action may not be challenged later in 

proceedings to enforce its requirements (see section 307(b)(2)). 

[[Page 30791]] 

Executive Order 

The Office of Management and Budget has exempted this action from 

review under Executive Order 12866. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air pollution control, National parks, 

Wilderness areas. 

Dated: May 25, 1995. 

Jane N. Saginaw, 

Regional Administrator. 

40 CFR part 81 is amended as follows: 

PART 81--[AMENDED] 

1. The authority citation for part 81 continues to read as 

follows: 

 Authority: 42 U.S.C. 7401-7671q. 

 2. In Sec. 81.332 the ozone table is amended by revising 

the entry ``AQCR 153 El Paso-Las Cruces-Alamogordo'' to read 

as follows: 

Sec. 81.332 New Mexico. 

 * * * * 

 New Mexico--

Ozone 

 Designation 

Classification 

 Date \1\ Type Date \1\ 

Type 

Cruces-Alamogordo. 
(part)--The area bounded by the New Mexico-Texas State line on 

the east, the New Mexico- Mexico international line on the 

south, the Range 3E-Range 2E line on the west, and the N3200 

latitude line on the north. 

County. Attainment. 

\1\ This date is November 15, 1990, unless otherwise noted. 
State of New Mexico 

Bill Richardson 

Governor 

Office of the Govmm 

February 5,2009 

Mr. Lawrence E. Starfield 

Acting Regional Administrator 

United States Environmental Protection Agency, Region VI 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

SUBJECT: Ozone Area Designation Recommendation for Bemalillo County, New Mexico 

Dear Mr. Starfield: 

This letter is submitted to fulfill Bemalillo County's requirements under Section 107 (d)(l) of 

The Clean Air Act, which requires all state governors to submit initial designations within one 

year of the promulgation of a new or revised National Ambient Air Quality Standard (NAAQS). 

Since the NAAQS for ozone was revised on March 12,2008 (73 FR 16436; March 27,2008), a 

letter recommending initial designations must be delivered to EPA by March 12,2009. 

The City of Albuquerque Air Quality Division (AQD) evaluated ambient monitoring data from 

2006 through 2008 with respect to the revised ozone NAAQS. The design value for %hour 

ozone, calendar year 2008 (evaluating years 2006-2008) was 0.070 ppm. Hence, all areas of 

Bemalillo County, New Mexico under the jurisdiction of the AQD, as the agent for the 

Albuquerque-Bemalillo County Air Quality Control Board, comply with the revised NAAQS. 

Therefore, I recommend attainment status for all areas of Bemalillo County, New Mexico. 

Sincerely, 

Bill Richardson 

Govemor of New Mexico 

BRIrnr 

cc: Mr. Ron Curry, Secretary, New Mexico Environment Department 

Ms. Mary Uhl, Chief, Air Quality Bureau, NM Environment Department 

Mr. John Soladay, Acting Director, Albuquerque Environmental Health Department 

Mr. Isreal Tavarez, Environmental Engineering Manager, Air Quality Division 

Ms. Margaret Nieto, Control Strategies Supervisor, Albuquerque Air Quality Division 

State Capitol Room 400 Santa Fe, New Mexico 87501 505-476-2200 www.govemor.state.nm.us