Bill Richardson 

Governor 

Mr. Larry Starfield 

State of New 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 

Dear Mr. Starfield: 

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

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

maintenance and enforcement of the 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 of the 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. 

If you 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 of New 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 of Albuquerque 

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

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Executive Summary 

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

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

source-specific requirements, non-regulatory items such as plans and inventories, and in some cases 

additional requirements promulgated by the U.S. Environmental Protection Agency (EPA). The 

initial SIPs for states were approved by EPA on May 31, 1972. A state may revise its SIP with EPA 

approval as necessary. The federally enforceable SIP for New Mexico is compiled in 40 CFR Part 

52 Subpart GG. 

The enclosed SIP matrix outlines the requirements of section 110(a)(2)(A) through (M) of the 

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 (PMz.s) NAAQS. 

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

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

Improvement Board and the Environment Department the authority to implement the CAA in New 

Mexico. 

The regulatory authority to implement CAA programs is contained in the New Mexico 

Administrative Code (NMAC), specifically Chapter 2 of Title 20 for Air Quality. These regulations 

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

Those requirements ofCAA § 110(a)(2) that are in the approved SIP or recently submitted SIP 

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

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

requirements, such as intergovernmental consultation, air quality modeling, and compliance with 

Part D of Title I of the CAA, are fulfilled during the development and submission to EPA as a SIP 

revision of attainment plans. The following table (Table 1) shows which state regulations and plans 

have been, or will be, revised and adopted to ensure compliance with § 11 0( 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 

New Mexico Air Pollution Episode Will revise once EPA promulgates 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 of New Mexico 

110(a)(2) SIP Requirements for PM2.s 

Requirement Summary New Mexico's Requirements 

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 in the 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 authorized by Chapter 7 4-

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 

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. 

Provide for establishment New Mexico 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 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 of Part 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. 

Include a program to NMED has established regulations 

provide for enforcement governing the enforcement of control 

. 

1 
the of measures in § measures, including attainment plans and 

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

regulation regulate of the construction and modification of stationary 

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 §110(a)(2)(D)(i). New 

emissions activity from Mexico does not have any PM2.s 

emitting any air pollutant 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 New Mexico 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 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 §110(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 

of air 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 of national 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 of federal 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.s 

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.s standard beyond those 

which have been utilized for the preparation 

of the plan and plan revisions submitted to 

EPA and other current programmatic 

demands. 

§ 110(a)(2)(E)(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, 

I28,and regulations and state implementing 

directives. 

3 
§ (iii) Necessary assurances As discussed in greater detail in the item 

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

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

government, agency, or monitoring ambient PMz.s 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 

of such 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 of Intent 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 of such Act and those provisions of Chapter 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. 

§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, 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. 

4 
New Mexico adopted an Air Pollution 

Episode Contingency Plan (8/12/91, 56 FR 

38074) that addresses air pollution episodes 

and the occurrence of an emergency due to 

the effects of the pollutants on the health of 

persons. Once PMz.s 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 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 

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

account of revisions of based on the authority to adopt new 

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 

of improved or more functions. § 7 4-7-5 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 of information 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. 

§110(a)(2)(I) In the case of a plan or plan The SIP revision pertaining to 

revision for an area §110(a)(2)(D)(i) addresses the requirements 

designated as a of part D for nonattainment areas. 

nonattainment area, meet Amendments to these requirements to fulfill 

the applicable requirements recent federal requirements were submitted 

of part 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 

Part D. 

Compliance under the 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, 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 of significant monitoring network is published in real time 

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

and visibility protection); of the 105 grant process New Mexico is 

required to submit monitoring data to the 

Air Quality System (AQS) in a timely 

manner. 

New Mexico has adopted 20.2.74 NMACPrevention of Significant Deterioration 

following the requirements outlined in 40 

CFR 52 under section 161 of the CAA (42 

U.S.C.A. § 7471) for prevention of 

significant deterioration. These provisions 

were approved by EPA as part of the SIP. 

20.2.74 NMAC includes procedures for 

protection of visibility in Class I areas. 

New Mexico 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. 

§ 11 O(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, of data related to 

such air quality modeling 

to the Administrator; 

§110(a)(2)(L) Require the owner or The fee requirements of 20.2. 71 NMACoperator 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 V operating 

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

of reviewing and acting approved by EPA in 1997 (11/25/97, 62 FR 

upon any application for 50514). 

such a permit, and 

(ii) if the owner or 

operator receives a permit 

for such soin-ce, the 

reasonable costs of 

implementing and 

enforcing the terms and 

conditions of any such 

permit (not including any 

court costs or other costs 

associated with any 

enforcement action), until 

such fee requirement is 

superseded with respect to 

such sources by the 

Administrator's approval of 

. a fee program under title 

V· , 

§ 110( 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 of the 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 of co=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 of political 

subdivisions; and entering into agreements 

and compacts with adjoining states and 

Indian tribes, where appropriate. 

The State's public participation 

requirements and procedures fulfill the 

requirements for consultation with local 

political subdivisions affected by the SIP. 

8