UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

1445 ROSS AVENUE, SUITE 1200

DALLAS TX 75202-2733

DEC 9 - 2011

The Honorable Susana Martinez

Governor of New Mexico

State Capitol, Room 400

Santa Fe, New Mexico 87501

Dear Governor Martinez:

Thank you for your recommendations dated February 5, 2009, and October 17,2011, on air quality

designations for the revised 2008 National Ambient Air Quality Standards for ozone throughout New

Mexico. I appreciate the information New Mexico shared with the U.S. Environmental Protection

Agency (EPA) as we move forward to improve ozone air quality. This letter is to notify you ofthe

EPA's preliminary response to New Mexico's recommendations and to inform you of our approach for

completing the designations for the revised ozone standards.

On March 12,2008, the EPA revised its national ambient air quality standards for ground-level ozone

to provide increased protection of public health and the environment. The EPA lowered the primary 8-

hour ozone standard from 0.08 parts per million (ppm) to 0.075 ppm to protect against health effects

associated with ozone exposure, including a range ofserious respiratory illnesses and increased

premature death from heart or lung disease. The EPA revised the secondary 8-hour ozone standard,

making it identical to the primary standard, to protect against welfare effects, including impacts on

sensitive vegetation and forested ecosystems.

History shows us that better health and cleaner air go hand-in-hand with economic growth. Working

closely with the states and tribes, the EPA is implementing the standards using a common sense

approach that improves air quality and minimizes the burden on state and local governments. As part

of this routine process, the EPA is working with the states to identitY areas in the country that meet the

standards and those that need to take steps to reduce ozone pollution. Within one year after a new or

revised air quality standard is established, the Clean Air Act requires the governor of each state to

submit to the EPA a list of all areas in the state, with recommendations for whether each area meets the

standard. As a first step in implementing the 2008 ozone standards, the EPA asked states to submit

their designation recommendations, including appropriate area boundaries, by March 12,2009. In

September 2009, the EPA announced it was reconsidering the 2008 ozone standards. The EPA later took

steps to delay the designation process for the 2008 ozone standards pending outcome ofthe

reconsideration. However, in September 20 II, the Office ofManagement and Budget returned to the EPA

the draft final rule addressing the reconsideration ofthe 2008 ozone standards. On September 22, 20 II, the

EPA restarted the implementation effort by issuing a memorandum to claritY for state and local agencies

the status ofthe 2008 ozone standards and to outline plans for moving forward to implement them. The

EPA indicated that it would proceed with initial area designations for the 2008 standards, and planned to

use the recommendations states made in 2009 as updated by the most current, certified air quality data from

2008-20 IO. While the EPA did not request that states submit updated designation recommendations, the

EPA provided the opportunity for states to do so. Thank you for the October 17, 20 II, updated

designation recommendation from New Mexico based on the assessment of 2008-20 I0 air quality data.

Internet Address (URL) • http://www.epa.govlregion6

Recycled/Recyclable. Printed with Vegetable Oil Based Inks on 100% Recycled Paper, Process Chlorine Free
As required by the Clean Air Act, the EPA wilJ designate an area as nonattainment ifit is violating the

2008 ozone standards or contributing to a violation ofthe standards in a nearby area. Consistent

with designations for previous ozone standards, the EPA intends to designate an area as

unclassifiable/attainment ifthere are certified, quality-assured air quality monitoring data showing

the area is meeting the ozone standards or there are no monitoring data for the area, and the EPA

has not made a determination that the area is contributing to a violation in a nearby area.

After considering New Mexico's February 2009 and October 2011 ozone designation

recommendations and other relevant technical information, including 2008-20 I0 air quality data,

the EPA intends to designate the entire state of New Mexico as unclassifiable/attainment.

If New Mexico has additional information that you would like the EPA to consider, please submit it to

us by February 29, 2012. The EPA will also make its preliminary designation decisions and supporting

documentation available to the general public for review and comment. We will be announcing a 30-

day public comment period shortly in the Federal Register. After considering additional information

we receive, the EPA plans to promulgate final ozone designations in spring of 20 12.

The EPA is committed to working with the states and tribes to share the responsibility ofreducing

ozone air pollution. Current and upcoming federal standards and safeguards, including pollution

reduction rules for power plants, vehicles and fuels, will assure steady progress to reduce

ozone-forming pollution and will protect public health in communities across the country. We

look forward to a continued dialogue with you and your staff as we work together to implement

the 2008 ozone standards. Should you have any questions, please do not hesitate to contact me at

(214) 665-2100, or have your staff contact Mr. Guy Donaldson ofmy staff at (214) 665-7242.

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Regional Administr

Enclosure

cc: Mr. F. David Martin, Secretary

New Mexico Environment Department

Mr. Butch Tongate, Director,

Environmental Protection Division

Mr. Richard Goodyear, Acting Bureau Chief,

Air Quality Bureau

Ms. Mary Lou Leonard, Environmental Health Department Director,

City ofAlbuquerque