Bill Richardson Governor

Mr. Larry Starfield 

# State ofNew Mexico office 

# of the §overnor

June 12, 2009

Acting Regional Administrator U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue Dallas, TX 75202-2711

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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 submitplans 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.s 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.

Ifyou have any questions concerning these revisions, please contact Mary Uhl, Air Quality Bureau Chief
at 505-476-4301.

BR/fl

Enclosures:

cc: Mr. Guy Donaldson, EPA Region 6 Sincerely,

Bill Richardson Governor ofNew Mexico

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 r-;--:

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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 ProtectionAgency (EPA). The initial SIPs for states were approved byEPA onMay 31, 1972. A state mayrevise its SIP with EPA approval as necessary. The federally enforceable SIP for NewMexico is compiled in40 CFRPart 52 Subpart GG.

The enclosed SIP matrix outlines the requirements ofsection 110(a)(2)(A) through (M) ofthe federal Clean Air Act (CAA) and addresses howNewMexico will implement, maintain and enforce the 2006 particulate matter 2.5 micron in size and less (PMz.s) NAAQS.
Legislative authority for NewMexico's air quality program is codified in Chapter 74 (Environmental Improvement) ofthe NewMexico Statutes, which gives the State Environmental Improvement Board and the Environment Department the authority to implement the CAA inNew Mexico.

The regulatory authority 

### to implement CAAprograms is contained in the NewMexico Administrative Code (NMAC), specifically Chapter 2 ofTitle 20 for Air Quality. These regulations

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

Those requirements ofCAA 

### § 110(a)(2) that are inthe approved SIP or recently submitted SIP revisions relate to enforceable emission limits and schedules for compliance; monitoring, source testing and emissions reporting; recordkeeping and reporting requirements; and permit fees. Some requirements, such as intergovernmental consultation, air quality modeling, and compliance with Part D ofTitle I ofthe CAA, are fulfilled during the development and submission to EPA as a SIP revision ofattainment plans. The following table (Table 1) shows which state regulations and plans have been, or will be, revised and adopted to ensure compliance with 

### §110(a) for the PM2

_ 5 NAAQS.

Table 1: Recent and Planned SIP Revisions
New Mexico State Rel!;lllation Timeline 20.2.2 NMAC- 

### Definitions- Adopted in July 2009 Include definitions for 

### PMz.s and 

### PMz.s emissions NewMexico Air Pollution Episode Will revise once EPApromulgates Significant Harm Contingency Plan- Updated to Levels for 

### PMz.s include for 

### PMz.s (Appendix D)

### __§_110(a}L2) § 110(a)(2)(A)

§ 110(a)(2)(B)

§ 110(a)(2)(C) 

### State ofNew Mexico 110(a)(2) SIP Requirements for PM2

### .s
Requirement Summary New Mexico's Requirements Include enforceable TheNewMexico 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 NewMexico'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 20-- 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 authorizedby Chapter 74- Environmental Improvement ofNew Mexico's state statute (1978 NMSA) are duly adopted by the Environmental Improvement Board. Where these provisions relate to Section 110 requirements, SIP revisions have been submittedto and approved by EPA EPAapproved SIP revisions are codified at 40 CFRPart 52, Subpart GG. NewMexico has

an EPA-approved air permitting program for both major and minor sources, which

ensures that all applicable requirements are included inthe source's permit. Provide for establishment NewMexico maintains and operates a and operation of multi-station PM2.s network to measure appropriate devices, ambient levels within the state for. methods, systems, and comparisonto 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 of40 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 CFRPart 58. Include a program to NMED has established regulations provide for enforcement governing the enforcement ofcontrol .



### 1the 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 ofany stationary source within the

areas covered bythe plan

as necessary to assure that NAAQS are achieved, including a permitprogram
as required in parts C and D. § 110(a)(2)(D) (i) Contain adequate New Mexico has adopted and submittedto provisions prohibiting any EPA in September 2007 a SIP revision

source or othertype of pertaining only to §110(a)(2)(D)(i). New emissions activity from Mexico does not have any PM2.s emitting any airpollutant nonattainment areas nor is the state within in amounts which will: close proximity to any PM2.s nonattainment (I) Contribute areas. The closest PM2.s nonattainment area significantly to to NewMexico is approximately 600 miles nonattainmentin,or away in northwestern Utah. Due to the lack interfere with ofPM2.s nonattainment areas in or within maintenance by, any closeproximityto New Mexico, NMED has other State withrespect concludedthat no revisions to the state's
to any such national 2007 SIP revision for §110(a)(2)(D)(ii)are primary or secondary necessary atthis time. ambient air quality standard. NewMexico has not received notification (II) Interfere with from EPA pursuant to § 115 ofa finding of

measures required to be endangerment to foreign countries due to included inthe PM2.5 emissions in the state. Under applicable 20.2.74 NMAC- 

### Permits- Prevention of implementation plan for 

### SignificantDeterioration, NewMexico is any other State under required to contact neighboring states and part C to prevent Indian governing bodies ofeachpermit significant deterioration application having the potential to affect ofair quality or to Class I Federal areas or increment protect visibility. consumptionin areas undertheir (ii) Insure compliance with jurisdiction. the applicable requirements CAA sections § 126 and 115 (interstate and international pollution abatement). § 110(a)(2)(E)(i) Provide: NewMexico Statute§ 74-2-5 "Duties and (i) necessary assurances powers; environmental improvement board; that the state (or, except local board" gives theNewMexico where the administrator environmental improvement board authority



### 2deems 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 authorityto 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 outthe implementationplan 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.

NewMexico has adequate personnel to implementthe SIP with respect to PM2

### .s requirements. ShouldEPA determine that New Mexico lacks adequate personnel to carry outthe SIP, EPA may issue a finding with respect to that deficiency, whichNew Mexico would have a legal obligation to correct.

New Mexico does not anticipate the need for additional resources to implementthe planfor the PM2

### .s standard beyond those which have been utilized for the preparation ofthe plan and plan revisions submitted to EPA and other currentprogrammatic demands. § 110(a)(2)(E)(i)(i) (ii) requirements that the NewMexico state statute§ 74-7-5 requires state comply withthe the state's Environmental Improvement requirements respecting Board to comply with the requirements of state boards under section the CAA and its associated standards, I28,and regulations and state implementing directives.

3§ (iii) Necessary assurances As discussed in greater detail inthe item 11O(a)(2)(E)(i)(i)(i) that, where the state has related to§ 110(a)(2)(B) above, New relied on a local orregional Mexico maintains an adequate network for government, agency, or monitoring ambient 

### PMz.s levels in the instrumentality for the State. NewMexico does notrely on any implementation ofanyplan other localities to implement any provision, the state has monitoring orplanprovisions. responsibility for ensuring adequate implementation ofsuch plan provision. §110(a)(2)(F) Require, as maybe Regulatory requirements have been prescribed bythe promulgated in 20.2.72 NMACAdministrator: Construction Permits, 20.2.70 NMAC-

(i) the installation, OperatingPermits, and 20.2.79 NMACmaintenance, and Permits-NonattainmentAreas (pertaining to replacement ofequipment, sampling andtesting). and the implementation of othernecessary steps by Requirements in 20.2.7.73 NMAC- Notice

owners or operators of of Intent andEmission Inventory stationary sources to Requirements provide for the reporting of monitor emissions from emissions inventories in a format such sources, established byNMED on a schedule

(ii) periodic reports on prescribed by the regulation. the nature and amounts of emissions and emissions- NewMexico's enforceable emission related data from such limitations and other control measures are sources, and addressed inthe state's Air Quality Control

(iii) correlation ofsuch Act and those provisions ofChapter 2 of reports bythe state agency NewMexico's Administrative Code Title with any emission 20. limitations or standards established pursuant to this 20.2.5 NMAC- Source Surveillance Act, whichreports 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. §110(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, orthe health ofanimal or contingency plans to plant life, or property, theNewMexico state implement such authority. statute,§ 74-7-10 authorizes NMED to, after a reasonable attempt to give notice, declare a state ofemergency and issue without hearing an emergency special order directing the owner/operator to cease such pollution immediately.

4New Mexico adopted an Air Pollution Episode Contingency Plan (8/12/91, 56 FR 38074) that addresses airpollution episodes andthe occurrence ofan emergency due to the effects ofthe pollutants onthe health of persons. Once PMz.s significant harm levels

are adopted by EPA, New Mexico's Air Pollution Episode Contingency plan, found inAppendix C, will be updated to include the ambient concentrations for 

### PMz.s that defme and initiate each episode stage. §110( 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 maybe necessary

### to take authorityto develop orrevise the SIP is
account ofrevisions of based on the authority to adoptnew such national regulations, revise existing regulations, and primary or secondary conduct business in a manner 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 throughoutNew Mexico in accordance with (ii) except as provided in the provisions ofState Rules Act [Chapter paragraph (3)(C), 14, Article 4, NMSA 1978]. Nothing in wheneverthe New Mexico's statutory orregulatory Administrator finds onthe authorityprohibits the State from revising basis ofinformation the SIP in the event ofa revisionto the

. available to the NAAQS. Administratorthat the plan is substantially inadequate to attain the national ambient air quality standardwhich it implements, or to otherwise comply with any additional requirements established underthis Act. §110(a)(2)(I) Inthe case ofa plan orplan The SIP revisionpertaining to revision for an area §110(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 areaunder CAA



### 5Sections 110, 172(c), 175A and subpart 2 to Part D.
Compliance underthe PM2

### .s 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, whichprovides 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 NewMexico's prevention ofsignificant monitoring network is published inreal time deterioration ofair quality onNMED's website. Additionally, as part and visibility protection); ofthe 105 grantprocess NewMexico is required to submit monitoring datato the 

### Air Quality System (AQS) in a timely

manner.

New Mexico has adopted 20.2.74 NMACPrevention of SignificantDeterioration following the requirements outlined in 40 CFR52 under section 161 ofthe CAA (42 U.S.C.A. § 7471) for prevention of significant deterioration. These provisions

were approved byEPA as part ofthe SIP.

20.2.74 NMAC includes procedures for protection ofvisibility in Class I areas.

NewMexico 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. §11O(a)(2)(K) Provide for: NewMexico 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 ofany



### 6emissions ofany 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 of20.2.71 NMACoperator ofeach major OperatingPermitEmission Fees and stationary source to payto 20.2.75 NMAC- Construction Permit Fees the permitting authority, as were approved by EPA as meeting the CAA

a condition ofanypermit requirements and were incorporated into required under this Act, a NewMexico's SIP (11125/97, 62 FR fee sufficient to cover- 50514). NewMexico's Title V operating

(i) the reasonable costs permitprogram (20.2.70 NMAC) was ofreviewing and acting approved byEPAin 1997 (11/25/97, 62 FR

upon any application for 50514).
such a permit, and

(ii) ifthe owner or operatorreceives a permit for such soin-ce, the reasonable costs of implementing and enforcing the terms and conditions ofany such permit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded withrespectto such sources bythe Administrator's approval of

. a fee program under title V· 

### , § 110(a)(2)(M) Provide for consultation NewMexico state statute§ 74-2-5.2 "State and participation bylocal airpollution control agency; specific duties political subdivisions andpowers ofthe department," requires affected bythe plan. advising; consulting; contracting with and cooperating with local authorities, other states, the federal gove=entand other interestedpersons or groups inregard to matters ofco=on interest inthe field of air quality control; and initiation of cooperative action between a local authority



### 7andthe department, between one local authority and another or among any combination oflocal authorities andthe department for control ofairpollution in

areas having related airpollution problems that overlap the boundaries ofpolitical subdivisions; and entering into agreements and compacts with adjoining states and Indiantribes, where appropriate.

The State'spublic participation requirements and procedures fulfill the requirements for consultation with local political subdivisions affected by the SIP.

8