Bill Richardson

Governor

State ofNew Mexico

Office ofthe Governor

March 3,2008

Mr. Richard Greene, Mayor

U.S. Environmental Protection Agency, Region 6

1445 Ross Avenue

Suite 1200

Dallas, TX 75202-2733

Dear Mayor Greene:

This letter is submitted to fulfill New Mexico's requirements under Sections 110 (a)(1) and (2) 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)(1) and (2) for the PM2.5 NAAQS by April 4, 2008.

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

Mexico, and finds that New Mexico's SIP does not satisfy the necessary remaining 110 (a)(1) and (2)

requirements for the PM2.5 NAAQS. The enclosed tables outline what sections of New Mexico's SIP

need to be revised to comply with the 11 O(a)(1 ) and (2) requirements.

If you any questions concerning these revisions, please contract Mary Uhl, Air Quality Bureau Chief at

505-476-4301.

Sincerely,

Bill Richardson

Governor ofNew Mexico

BR/zw

Enclosures

cc: Mr. Ron Curry, Secretary, New Mexico Enviromnent Department

Mr. Jim Norton, Director, Environmental Protection Division

Ms. Mary Uhl, Bureau Chief, Air Quality Bureau

Mr. Alfredo Santistevan, Director, Environmental Health Department, City ofABQ

State Capitol • Room 400 • Santa Fe, New Mexico 87501 • 5°5-476-2200 • wwvv:governor.state.nm.us
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110(a)(2)(A)-(M) Requirements in the Current New Mexico State Implementation Plan (SIP) or Pen

The federally enforceable State Implementation Plan (SIP) for New Mexico is compiled in 40 CFR Part 52 Subpart GGrequirements of Section 110(a)(2)(A)-(M) of the Clean Air Act (CAA) relevant to the eight-hour ozone and fine particu

Ambient Air Quality Standards (NAAQS) are already contained in the current SIP or SIP revisions which have been su

approved by the U.S. Environmental Protection Agency (EPA). The following table summarizes where these requirem

(M) are addressed. 

Section 110(a) element 

Summary of element Provisions in the current SIP or recent SIP revision submittals 

§110(a)(2)(A) include enforceable emission limitations and other control 

measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance as may be necessary or appropriate to meet the applicable requirements of this Act.

New Mexico‘s enforceable emission limitations and other control measures are the Air Quality Control Act and those provisions of New Mexico Administrative (NMAC) Title 20—Environment Protection, Chapter 2—Air Quality listed in 40 Cand source specific provisions codified at 40 CFR 52.GG. The regulations authorized by Chapter 74-Environmental Improvement of New state statute (1978 NMSA) are duly adopted by the Environmental ImprovemenWhere these provisions relate to Section 110 requirements, State Implementat(SIP) revisions have been submitted to and approved by EPA. EPA-approved are codified at 40 CFR part 52, subpart GG. New Mexico has an EPA-approvepermitting program for both major and minor sources, which ensures that all aprequirements are included in the source's permit. Furthermore, maintenance plans for the eight-hour ozone National Ambient Air Standard (NAAQS) submitted by New Mexico comply with the requirements of 110(a)(1). 
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Section 110(a) element 

Summary of element Provisions in the current SIP or recent SIP revision submittals 

§110(a)(2)(D) contain adequate provisions— 

 (i) prohibiting, consistent with the provisions of this title, any source or other type of emissions activity within the state from emitting any air pollutant in amounts which will--  (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such national primary or secondary ambient air quality standard, or  (II) interfere with measures required to be included in the applicable implementation plan for any other State under part C to prevent significant deterioration of air quality or to protect visibility,  (ii) insuring compliance with the applicable requirements of sections 126 and 115 (relating to interstate and international pollution abatement);

New Mexico has adopted and submitted to EPA in September 2007 a SIP pertaining only to §110(a)(2)(D)(i). New Mexico is not currently subject to runder §§ 115 and 126. 

§110(a)(2)(E)(ii)

(ii) requirements that the state comply with the requirements respecting state boards under section 128, and 

New Mexico state statute, NMSA 1978, Section 74-7-5 requires the state's EnvImprovement Board to comply with the requirements of the federal Clean Air Aassociated standards, regulations and state implementing directives. 
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Section 110(a) element 

Summary of element Provisions in the current SIP or recent SIP revision submittal 

§110(a)(2)(F)

require, as may be prescribed by the Administrator—  (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps by owners or operators of stationary sources to monitor emissions from such sources,  (ii) periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and  (iii) correlation of such reports by the state agency with any emission limitations or standards established pursuant to this Act, which reports shall be available at reasonable times for public inspection;

Regulatory requirements have been codified in 20.2.72 NMAC- Construction P20.2.70 NMAC- Operating Permits, and 20.2.79 NMAC- Permits-Nonattainmen(pertaining to sampling and testing). Requirements in 20.2.7.73 NMAC– Notice of Intent and Emission Inventory Reprovide for the reporting of emissions inventories in a format established by the New Mexico Environment Department on a schedule set forth in the regulationFurthermore, maintenance plans for the eight-hour ozone National Ambient Air Standard (NAAQS) submitted by New Mexico abide by the requirements of CA110(a)(1). New Mexico's enforceable emission limitations and other control measures are the state's Air Quality Control Act and those provisions of Chapter 2 of New MeAdministrative Code Title 20. 20.2.5 NMAC- Source Surveillance establishes the general requirements for mand reporting records on emissions, including record keeping, data submissionaccess to emission data. 

§110(a)(2)(G)

provide for authority comparable to that in section 303 and adequate contingency plans to implement such authority; 

New Mexico has adopted an Air Pollution Episode Contingency Plan (8/12/91, 38074), that covers air pollution episodes and the occurrence of an emergency effects of the pollutants on the health of persons. 
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Section 110(a) element 

Summary of element Provisions in the current SIP or recent SIP revision submittals 

§110(a)(2)(I) in the case of a plan or plan revision for an area designated 

as a nonattainment area, meet the applicable requirements of part D (relating to nonattainment areas); 

 The SIP revision pertaining to §110(a)(2)(D)(i) covers the requirements of part nonattainment areas. Amendments to these requirements to fulfill recent federrequirements were submitted to EPA in September 2007. SIPs under Part D comply with all applicable requirements for each nonattainment area under sec172(c), and 175A and subpart 2 to Part D. In addition, the Sunland Park 1-houNonattainment SIP (2/8/02, 67 FR 6152) complies with planning procedures un174. EPA approved all SIPs required under the one-hour ozone standard (indicompliance with requirements for classified areas under subpart 2 to Part D); cunder the eight-hour ozone and PM2.5 standard will be evaluated with submitte

each area. The SIP revisions related to nonattainment areas will continue to cSubpart D requirements, as applicable. The currently approved nonattainment provisions listed in 40 CFR 52.1620 also meet Subpart D requirements. 
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Section 110(a) element 

Summary of element Provisions in the current SIP or recent SIP revision submittals 

§110(a)(2)(J) (PSD)

meet the applicable requirements of ... part C (relating to prevention of significant deterioration of air quality and visibility protection);

New Mexico has adopted 20.2.74 NMAC- Prevention of Significant Deterioratiothe requirements outlined in 40 CFR 52 under section 161 of the CAA (42 U.S.for prevention of significant deterioration. These provisions were approved by of the SIP. 

§110(a)(2)(K) 

provide for:  (i) the performance of such air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any 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;

New Mexico has developed Air Dispersion Modeling Guidelines that follow EPA for air dispersion modeling. The New Mexico Air Dispersion Modeling Guidelininclude some internal policy language. 
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Section 110(a) element 

Summary of element Provisions in the current SIP or recent SIP revision submittals 

§110(a)(2)(L) require the owner or operator of 

each major stationary source to pay to the permitting authority, as a condition of any permit required under this Act, a fee sufficient to cover—  (i) the reasonable costs of reviewing and acting upon any application for such a permit, and 

 (ii) if the 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 V; 

The fee requirements of 20.2.71NMAC - Operating Permit Emission Fees and NMAC - Construction Permit Fees were approved by EPA as meeting the CAA requirements and were incorporated into New Mexico's SIP(11/25/97, 62 FR 5Mexico's Title V operating permit program in 20.2.70 NMAC, was approved by (11/25/97, 62 FR 50514). 
Proposed Revisions to New Mexico State Implementation Plan for PM2.5 and Ozone 

Regulation Revision 

20.2.2 NMAC - Definitions Revise definition of PM to include PM2.5 

20.2.70 NMAC- Operating Permits Include PM2.5 in definition of Major Sources 

20.2.74 NMAC – Prevention of 

Significant Deterioration 

Update for ozone precursor NOx 

20.2.98 NMAC – Conformity of General 

Federal Actions to the State 

Implementation Plan (Need to revise 

anyway due to federally mandated 

revisions) 

• Update definition for NAAQS to include 

PM2.5 

• Update definition for precursors of a criteria 

pollutant to include PM2.5 

Air Pollution Episode Contingency Plan Revise to include significant harm levels for PM2.5; 

EPA developing rule for this.