SUSANA MARTINEZ Governor JOHN A SANCHEZ Lieutenant Governor

October 2, 2015 Mr. Ron Curry 

### NEW MEXICO**l'~;r::,·~--,~··,~r~'; \LV,~**  II

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### ENVIRONMENT

### DEPARTMENt[~L/'J(;,'! Harold Runnels Building 1190 Saint Francis Drive (87505) PO Box 5469, Santa Fe, NM 87502-5469 Phone (505) 827-2990 Fax (505) 827-1628 www.nmenv.state.nm.us

Region 6 Regional Administrator U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 RYAN FLYNN Cabinet Secretary BUTCH TONGAIE Deputy Secretary

Subject: Proposed revision to the New Mexico State Implementation Plan (SIP) for Air Quality to address transport requirements ofSection 110(a)(2)(D)(i)(I) ofthe Clean Air Act (CAA) in implementing the 2010 Nitrogen Dioxide (N02) National Ambient Air Quality Standard (NAAQS) DearMr. Curry: I am writing onbehalfofGovernor Susana Martinez to request that materials withdrawn from an earlier SIP submittal to EPA now be considered for approval along withthe rest ofthat submittal. Specifically, I am requesting approval ofmaterials submitted to EPA on July 26, 2013 as they apply to CAA Section 110(a)(2)(D)(i)(l), the "GoodNeighbor" provision. These Good Neighbor provision materials were originally submitted as part ofa larger proposed revision to the New Mexico SIP, addressing overall infrastructure requirements ofthe 2010 N02 NAAQS, pursuant to Title I ofthe CAA Amendments of 1990. However, the Good Neighbor materials were withdrawn from consideration as part ofthat SIP submittal, which is now under EPA review. In this letter, we request that the earlier withdrawal be treated as no longer effective and the previously submitted Good Neighbor materials reviewed for EPA approval into the New Mexico SIP. The Good Neighbor materials in the July 26, 2013 N02 infrastructure SIP submittal appear on pages 11-14 ofAttachment A, in the portion ofthe infrastructure SIP document specifically addressing CAA Section 110(a)(2)(D)(i)(l) on interstate transport requirements. This Good Neighborprovision language, onthe indicated pages, is the subject ofmy request in this letter for EPA consideration and approval. The proposed Good Neighbor provision language and largerN02 infrastructure SIP apply exclusively to Albuquerque and Bernalillo County, New Mexico.The Good Neighborprovision language, like the N02 infrastructure SIP ofwhich it is part, was adopted locally in accordance with applicable law governing notice and procedure. The Albuquerque- Bernalillo County Air Quality Control Board adopted the infrastructure SIP and its GoodNeighbor language at the Board's regular monthly meeting on June 12, 2013, following a public hearing held the same evening. The public hearing was held in accordance with the prior public notice and with the public hearing requirements of40 CFR § 51.102, the NewMexico constitution, and other applicable state and local laws. Yourfavorable consideration ofthis request is appreciated. Ifyou have any questions, please contact Mary Lou Leonard, Director ofthe Albuquerque Environmental Health Department (EHD), at (505) 768-2631. Sincerely,

Ryan Flynn Cabinet Secretary NM Environment Department

cc: Honorable SusanaMartinez, Governor, State ofNewMexico Jeffrey Kendall, General Counsel, NMED Michael Vonderheide, Director, Environmental Protection Division, NMED Richard Goodyear, Chief, Air Quality Bureau, NMED Kelsey Curran, Chair, Albuquerque

- Bernalillo County Air Quality Control Board DannyNevarez, Deputy Director, Albuquerque EHD