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Walser, John

From: Merta, Ed L. <emerta@cabq.gov>

Sent: Thursday, September 10, 2015 2:53 PM

To: Walser, John

Cc: Donaldson, Guy; Puplampu, William

Subject: RE: State Board items 

Hello John,

Per our phone conversation earlier today, we agree that the document in Exhibit 4c from the Notice of Intent in our

State Boards SIP submittal does not need to be included in the New Mexico SIP. The Exhibit 4c document is a Bernalillo

County ordinance relating to the Metropolitan Environmental Health Advisory Board (MEHAB). As we’ve discussed,

MEHAB is an obsolete body that, (A), is no longer necessary for operations of the local Air Board and, (B), exists only on

paper due to the ordinance and no longer meets or functions.  

Thanks very much, let me know if there’s anything else you need,  

‐Ed  

From: Walser, John [mailto:Walser.John@epa.gov] 

Sent: Monday, August 24, 2015 3:17 PM 

To: Merta, Ed L. 

Cc: Nieto, Margaret E.; Donaldson, Guy; Puplampu, William 

Subject: RE: State Board items 

Thank you very much Ed for the information below in response to my earlier questions!  We will take a careful look at

this, and your recommendation for including Exhibits 7c and 11c in the SIP.

Cheers,

John

Mr. John Walser | Physical Scientist

Air Planning Section

U.S. EPA Region 6, 6PD‐L

1445 Ross Ave., Suite 700

Dallas, TX 75202‐2733

Email: walser.john@epa.gov

Tel: 214‐665‐7128 | Fax: 214‐665‐6762

From: Merta, Ed L. [mailto:emerta@cabq.gov]  

Sent: Monday, August 24, 2015 2:33 PM

To: Walser, John

Cc: Nieto, Margaret E.

Subject: State Board items  

Hi John,

Here is our feedback on the two State Boards related questions that you had. Hope this is helpful! Please call anytime if

you have questions, hope all is well... ‐Ed
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1) MEHAB. In sum, MEHAB once served a useful purpose but no longer functions in any way and now exists only on

paper. The existence or operation of MEHAB is not necessary for continued functioning of the Air Board or the

Environmental Health Department in any legal or practical sense, as far as we can determine. Therefore, we

think the two MEHAB ordinances (Exhibits 2c and 3c) most likely do not need to be in the SIP. Details are in an

attached memo on the subject, as well as in a SIP submittal from 1985 that has a good summation of the original

purpose of MEHAB and its relation to the Air Board.

2) Exhibits 7c, Public Boards etc., and 11c, City of Abq Personnel Rules & Regulations. After looking these over,

we feel that important provisions in these two exhibits clearly are directly related to the purposes of CAA

Section 128, regarding public interest representation on a board and disclosure of conflict of interests. Other

provisions in the exhibits are not so obviously related, but are difficult, from a legal standpoint, to disentangle.

Thus, we feel that the documents in these two exhibits should be considered for incorporation in their entirety

into the New Mexico SIP, as is the case with other statutes, such as the New Mexico Air Quality Control Act,

containing both provisions directly related to air quality control and provisions not so obviously related (e.g.

procedural provisions). A detailed description of our reasoning is in an attached memo.