Mr. Larry Starfield

Acting Regional Administrator

U.S. Environmental Protection Agency, Region 6

1445 Ross Avenue

Dallas, TX 75202-2711

Bill Richardson

Governor

State of New Mexico

Office ofthe governor

June 12, 2009

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Dear Mr. Starfield:

This letter is submitted to fulfill New Mexico's requirements under Sections 110 (a) ofthe Clean Air Act

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

maintenance and enforcement ofthe particulate matter 2.5 microns and less (PM2.

5) National Ambient Air

Quality Standard (NAAQS). The U.S. Environmental Protection Agency is obligated to make a

determination on whether states satisfy the requirements ofthe CAA Sections 110 (a) for the PM2.5

NAAQS by September 21,2009.

The New Mexico Environment Department evaluated the State Implementation Plan (SIP) for New

Mexico and finds that New Mexico's SIP does satisfy the necessary 110 (a) requirements for the PM 2.5

NAAQS. The enclosed matrix outlines New Mexico's SIP compliance with the 110 (a) requirements.

If you have any questions concerning these revisions, please contact Mary UhI, Air Quality Bureau Chief

at 505-476-4301.

Sincerely,

Bill Richardson

Governor ofNew Mexico

BRifI

Enclosures:

cc: Mr. Guy Donaldson, EPA Region 6

Mr. Ron Curry, Secretary, NM Environment Department

Mr. Jim Norton, Director, Environmental Protection Division

Ms. Mary Uhl, Bureau Chief, Air Quality Bureau

Mr. Alfredo Santistevan, Director, Environmental Health Dept., City ofAlbuquerque

State Capitol • Room 400 • Santa Fe, New Mexico 87501 • 505-476-2200 • www.govemor.state.nm.us
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 ofsection llO(a)(2)(A) through (M) ofthe

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

the 2006 particulate matter 2.5 micron in size and less (pM2.5) NAAQS.

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

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

Improvement Board 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 ofTitle 20 for Air Quality. These regulations

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

Those requirements ofCAA § llO(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 ofTitle I ofthe CAA, are fulfilled during the development and submission to EPA as a SIP

revision of attainment plans. The following table (Table I) shows which state regulations and plans

have been, or will be, revised and adopted to ensure compliance with §IIO(a) for the PM2.s

NAAQS.

Table I: Recent and Planned SIP Revisions

New Mexico State Rel!:Ulation Timeline

20.2.2 NMAC - Definitions- Adopted in July 2009

Include definitions for PM2.5 and

PM2.5 emissions

New Mexico Air Pollution Episode Will revise once EPA promulgates Significant Harm

Contingency Plan - Updated to Levels for PM2.s

include for PM2.s (Appendix D)
State of New Mexico

llO(a)(2) SIP Requirements for PM2.5

§ llO(a)(2) Requirement Summary New Mexico's Requirements

§ 1l0(a)(2)(A) Include enforceable The New Mexico Environment Department

emission limitations and (NMED) has promulgated regulations to

other control measures, implement and enforce the NAAQS and

means, or techniques other air quality standards. These

(including economic regulations include economic incentives.

incentives such as fees, .

marketable permits, and New Mexico's enforceable emission

auctions or emissions limitations and other control measures are

rights), as well as covered inthe Air Quality Control Act and

schedules and timetable for those provisions ofNMAC Title 2{}--

compliance. Environment Protection, Chapter 2-Air

Quality as listed in 40 CFR 52.GG, and

source specific provisions codified at 40

CFR52.GG.

The regulations authorized by Chapter 74-

Environmental Improvement ofNew

Mexico's state statute (1978NMSA) 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. EPAapproved 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.

§ llO(a)(2)(B) Provide for establishment New Mexico maintains and operates a

and operation of multi-station PM2.5 network to measure

appropriate devices, ambient levels within the state for.

methods, systems, and comparison to NAAQS. All monitoring

procedures necessary to data is measured using EPA approved

monitor, compile, and methods as either Reference or Equivalent

analyze data on ambient air monitors. All monitors are subjected to the

quality, and upon request, quality assurance requirements of 40 CFR

make such data available to Part 58, Appendix A, and are located at sites

the Administrator. that have met the minimum siting

requirements ofPart 58, Appendix E. The

data is submitted to EPA's Air Quality

System (AQS) system in accordance with

the schedule prescribed by 40 CFR Part 58.

§ 1l0(a)(2)(C) Include a program to NMED has established regulations

provide for enforcement governing the enforcement of control

1
the ofmeasures in § measures, including attainment plans and

110(a)(2)(A), and permitting programs that regulate

regulation regulate ofthe construction and modification ofstationary

modification and sources.

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.

§ 110(a)(2)(D) (i) Contain adequate New Mexico has adopted and submitted to

provisions prohibiting any EPA in September 2007 a SIP revision

source or other type of pertaining only to §11O(a)(2)(D)(i). New

emissions activity from Mexico does not have any PM2.5

emitting any air pollutant nonattainment areas nor is the state within

in amounts which will: close proximity to any PM2.5 nonattainment

(I) Contribute areas. The closest PM2.5 nonattainment area

significantly to to New Mexico is approximately 600 miles

nonattainment in, or away in northwestern Utah. Due to the lack

interfere with ofPM2.5 nonattainment areas in or within

maintenance by, any close proximity to New Mexico, NMED has

other State with respect concluded that no revisions to the state's

to any such national 2007 SIP revision for §11O(a)(2)(D)(ii)are

primary or secondary necessary at this time.

ambient air quality

standard. New Mexico has not received notification

(II) Interfere with from EPA pursuant to § 115 of a finding of

measures required to be endangerment to foreign countries due to

included in the PM2.5 emissions in the state. Under

applicable 20.2.74 NMAC - Permits - Prevention of

implementation plan for Significant Deterioration, New Mexico is

any other State under required to contact neighboring states and

part C to prevent Indian governing bodies of each permit

significant deterioration application having the potential to affect

ofair quality or to Class I Federal areas or increment

protect visibility. consumption in areas under their

(ii) Insure compliance with jurisdiction.

the applicable requirements

CAA sections § 126 and

115 (interstate and

international pollution

abatement).

§ 110(a)(2)(E)(i) Provide: New Mexico Statute § 74-2-5 "Duties and

(i) necessary assurances powers; environmental improvement board;

that the state (or, except local board" gives the New Mexico

where the administrator environmental improvement board authority

2
deems inappropriate, the to develop, implement and enforce the SIP.

general purpose local

government or § 74-2-5 provides the board adequate legal

governments, or a regional authority to adopt emission standards and

agency designated by the compliance schedules applicable to

state or general purpose regulated entities, and to adopt emission

local governments for such standards and limitations and any other

purpose) will have measures necessary for attaimnent and

adequate personnel, maintenance ofnational standards.

funding, and authority

under state (and, as § 74-2-5 also provides the board adequate

appropriate, local) law to legal authority to enforce applicable laws,

carry out such regulations, standards, and compliance

implementation plan (and schedules, and seek injunctive relief. In

is not prohibited by any addition, § 74-2-5.1 provides the

provision offederal or state department legal authority to enforce

law from carrying out such applicable laws, regulations, standards, and

implementation plan or compliance schedules.

portion thereof).

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.

New Mexico has adequate personnel to

implement the SIP with respect to PM2.5

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 PM2.5 standard beyond those

which have been utilized for the preparation

ofthe plan and plan revisions submitted to

EPA and other current programmatic

demands.

§ 110(a)(2)(E)(i)(i) (ii) requirements that the New Mexico state statute § 74-7-5 requires

state comply with the the state's Environmental Improvement

requirements respecting Board to comply with the requirements of

state boards under section the CAA and its associated standards,

128, and regulations and state implementing

directives.

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§ (iii) Necessary assurances As discussed in greater detail in the item

110(a)(2)(E)(i)(i)(i) that, where the state has related to § l1O(a)(2)(B) above, New

relied on a local or regional Mexico maintains an adequate network for

government, agency, or monitoring ambient PM1.5 levels in the

instrumentality for the State. New Mexico does not rely on any

implementation of any plan other localities to implement any

provision, the state has monitoring or plan provisions.

responsibility for ensuring

adequate implementation

ofsuch plan provision.

§110(a)(2)(F) Require, as may be Regulatory requirements have been

prescribed by the promulgated in 20.2.72 NMACAdministrator: Construction Permits, 20.2.70 NMAC-

(i) the installation, Operating Permits, and 20.2.79 NMACmaintenance, and Permits-Nonattainment Areas (pertaining to

replacement of equipment, sampling and testing).

and the implementation of

other necessary steps by Requirements in 20.2.7.73 NMAC- Notice

owners or operators of ofIntent and Emission Inventory

stationary sources to Requirements provide for the reporting of

monitor emissions from emissions inventories in a format

such sources, established by NMED on a schedule

(ii) periodic reports on prescribed by the regulation.

the nature and amounts of

emissions and emissions- New Mexico's enforceable emission

related data from such limitations and other control measures are

sources, and addressed in the state's Air Quality Control

(iii) correlation ofsuch Act and those provisions ofChapter 2 of

reports by the state agency New Mexico's Administrative Code Title

with any emission 20.

limitations or standards

established pursuant to this 20.2.5 NMAC- Source Surveillance

Act, which reports shall be establishes the general requirements for

available at reasonable maintaining records and reporting

times for public inspection; emissions, including record keeping, data

submissions, and public access to emissions

data.

§l1O(a)(2)(G) Provide for authority Upon a finding that any owner/operator is

comparable to that in unreasonably affecting the public health,

section 303 and adequate safety or welfare, or the health of animal or

contingency plans to plant life, or property, the New Mexico state

implement such authority. 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.

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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 ofthe pollutants on the health of

persons. Once PM2.5 significant harm levels

are adopted by EPA, New Mexico's Air

Pollution Episode Contingency plan, found

in Appendix C, will be updated to include

the ambient concentrations for PM2.5 that

defme and initiate each episode stage.

§11O(a)(2)(H) Provide for revision of New Mexico's SIP is a compilation of

such regulations, plans, and submittals that act to

plan: improve and maintain air quality in

(i) from time to time as accordance with national standards. The

may be necessary to take authority to develop or revise the SIP is

account ofrevisions of based on the authority to adopt new

such national regulations, revise existing regulations, and

primary or secondary conduct business in a marmer to meet the

ambient air quality NAAQS. New Mexico state statute § 74-7-5

standard or the availability gives the board authority to perform these

ofimproved or more functions. § 74-7-5 also provides the board

expeditious methods of the authority to adopt regulations to abate,

attaining such standard, control, and prohibit air pollution

and throughout New Mexico in accordance with

(ii) except as provided in the provisions of State Rules Act [Chapter

paragraph (3)(C), 14, Article 4, NMSA 1978]. Nothing in

whenever the New Mexico's statutory or regulatory

Administrator finds on the authority prohibits the State from revising

basis ofinformation the SIP in the event of a revision to the

available to the NAAQS. .

Administrator that the plan

is substantially inadequate

to attain the national

ambient air quality

standard which it

implements, or to

otherwise comply with any

additional requirements

established under this Act.

§11O(a)(2)(1) In the case of a plan or plan The SIP revision pertaining to

revision for an area §11O(a)(2)(D)(i) addresses the requirements

designated as a ofpart D for nonattainment areas.

nonattainment area, meet Amendments to these requirements to fulfill

the applicable requirements recent federal requirements were submitted

ofpart D (relating to to EPA in September 2007. SIPs under Part

nonattainment areas); D comply with all applicable requirements

for each nonattainment area under CAA

5
Sections 110, 172(c), 175A and subpart 2 to

PartD.

Compliance under the PMz.5 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 52.1620 also meet Subpart D

requirements.

§110(a)(2)(J) Meet the applicable All SIP revisions undergo public notice and

requirements of § 121 hearing, which provides for comment by the

(relating to consultation), public, including local political

section 127 (relating to subdivisions.

public notification), and

Part C (relating to Air quality data from New Mexico's

prevention ofsignificant mouitoring network is published in real time

deterioration of air quality on NMED's website. Additionally, as part

and visibility protection); ofthe 105 grant process New Mexico is

required to submit mouitoring data to the

Air Quality System (AQS) in a timely

manner.

New Mexico has adopted 20.2.74 NMACPrevention ofSignificant Deterioration

following the requirements outlined in 40

CFR 52 under section 161 ofthe CAA (42

V.S.C.A. § 7471) for prevention of

significant deterioration. These provisions

were approved by EPA as part ofthe SIP.

20.2.74 NMAC includes procedures for

protection ofvisibility in Class I areas.

New Mexico intends to submit its

Regional Haze SIP to EPA in 2010. This

submittal will provide further visibility

protection and improvements to federal

Class I areas.

§110(a)(2)(K) Provide for: New Mexico has developed Air Dispersion

(i) the performance of Modeling Guidelines that follow EPA

such air quality modeling guidelines for air dispersion modeling. The

as the Administrator may New Mexico Air Dispersion Modeling

prescribe for the purpose of Guidelines also include internal policy

predicting the effect on language.

ambient air quality of any

6
emissions of any air

pollutant for which the

Administrator has

established a national

ambient air quality

standard, and

(ii) the submission, upon

request, ofdata related to

such air quality modeling

to the Administrator;

§110(a)(2)(L) Require the owner or The fee requirements of 20.2.71 NMAC -

operator of each major Operating Permit Emission Fees and

stationary source to pay to 20.2.75 NMAC - Construction Permit Fees

the permitting authority, as were approved by EPA as meeting the CAA

a condition of any permit requirements and were incorporated into

required under this Act, a New Mexico's SIP (11125/97, 62 FR

fee sufficient to cover- 50514). New Mexico's Title Y operating

(i) the reasonable costs permit program (20.2.70 NMAC) was

ofreviewing and acting approved by EPA in 1997 (11125/97, 62 FR

upon any application for 50514).

such a permit, and

(ii) ifthe 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

y.,

§ llO(a)(2)(M) Provide for consultation New Mexico state statute § 74-2-5.2 "State

and participation by local air pollution control agency; specific duties

political subdivisions and powers ofthe department," requires

affected by the plan. advising; consulting; contracting with and

cooperating with local authorities, other

states, the federal gove=ent and other

interested persons or groups in regard to

matters ofco=on interest in the field of

air quality control; and initiation of

cooperative action between a local authority

7
and the department, between one local

authority and another or among any

combination oflocal authorities and the

department for control of air pollution in

areas having related air pollution problems

that overlap the boundaries ofpolitical

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 bv the SIP.

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