TECHNICAL SUPPORT DOCUMENT 

20.2.2 NMAC – New Mexico Administrative Code – Definitions 

Adopted on August 31, 2009 

Submitted on June 11, 2009 

December 2014 

FOR FURTHER INFORMATION CONTACT: Ms. Tracie Donaldson, United States 

Environmental Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross 

Avenue, Dallas, Texas, 75202-2733, (214) 665-6633 

 
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Subject: Approval of Revisions to the State Implementation Plan – New 

Mexico Administrative Code Title 20, Chapter 2, Part 2 Definitions

Contents: 

I. Introduction 

 A. Overview 

 B. What are we addressing in this action? 

 C. What are we not addressing in this action? 

II. Technical Evaluation of the New Mexico June 11, 2009 SIP Revision Submittal 

A. Review of Part 2 Definitions Additions 

B. Part 51, Appendix V Completeness Checklist 

III. Recommended Action 

 
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I. Introduction 

A. Overview 

This Technical Support Document (TSD) reviews a portion of a revision to the New Mexico 

State Implementation Plan (SIP), submitted on June 11, 2009. This review will determine if the 

pending revisions to the New Mexico SIP are consistent with the requirements of the Clean Air 

Act and EPA’s regulations, policy and guidance. 

The following sections identify the specific portions of the June 11, 2009 submittal that are and 

are not reviewed as part of this action. 

B. What are we addressing in this action? 

On August 31, 2009, the New Mexico Environmental Improvement Board (EIB) adopted 

revisions to Title 20, Chapter 2, Parts 2, 74 and 79. Governor Richardson submitted these 

regulations as a revision to the New Mexico SIP in a letter dated June 11, 2009. 

As part of this action, EPA is addressing only the revisions to Part 2 in the June 11, 2009 

submittal that were effective on August 31, 2009. This includes the addition of two definitions: 

“PM2.5” and “PM2.5 emissions.” 

EPA is also taking this opportunity to recodify the New Mexico general definitions as part of this 

action. The New Mexico EIB adopted the recodification of Part 2 in 2002. 

C. What are we not addressing in this action? 

The EPA has previously approved portions of the revisions to the New Mexico SIP at Title 20, 

Chapter 2, Parts 74 and 79 that were also included in the June 11, 2009 submittal. See our final 

action on November 26, 2010, at 75 FR 72688. Separate from what we are reviewing in this 

current action, the EPA has no further pending revisions to Title 20, Chapter 2 from the June 11, 

2009 submittal package. 

The following definitions pertaining to state-specific greenhouse gas regulations were adopted 

by the New Mexico EIB on January 1, 2008, but were not submitted to EPA for incorporation 

into the New Mexico SIP. Therefore, the EPA will annotate the New Mexico SIP at 40 CFR 

52.1620 to clearly state that the following definitions are not included in the SIP. 

G. "Carbon dioxide" means the chemical compound containing one atom of carbon 

and two atoms of oxygen. 

M. "Greenhouse gas" means any of the following: carbon dioxide, methane, nitrous 

oxide, hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride. 

O. “Hydrofluorocarbons” means gaseous chemical compounds containing only 

hydrogen, carbon, and fluorine atoms. 
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S. "Methane" means the chemical compound containing one atom of carbon and 

four atoms of hydrogen.

V. "Nitrous oxide" means the chemical compound containing two atoms of nitrogen 

and one atom of oxygen. 

AA. "Perfluorocarbons" means gaseous chemical compounds containing only 

carbon and fluorine atoms.

AN. "Sulfur hexafluoride" means the chemical compound containing one atom of 

sulfur and six atoms of fluorine. 
1

II. Technical Evaluation of the New Mexico June 11, 2009 SIP Revision Submittal The Federal Register action accompanying this TSD addresses the proposed revisions (recodification and additions

found in Title 20, Chapter 2, Part 2 Definitions. 

A. Review of Part 2 Definitions Revisions

SIP Approved Part 2, 9/26/1997 (62 FRN 50518) 2002 Recodification and 6/11/2009 SIP Revision

Submittal

Comme

SUBPART 1‐ GENERAL PROVISIONS [SUBPART 1‐ GENERAL PROVISIONS] Deleted

Recodif

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100. ISSUING AGENCY: New Mexico EnvironmentalImprovement Board.

[100.]20.2.2.1 ISSUING AGENCY: New Mexico

Environmental Improvement Board

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101. SCOPE: The provisions of this Part shall apply to

all New Mexico regulations regarding air quality, and

codified as 20 NMAC 2.3 through 20 NMAC 2.99.

[101.]20.2.2.2 SCOPE: The provisions of this part

shall apply to all New Mexico regulations regarding air

quality, and codified as [20 NMAC 2.3 through 20

NMAC 2.99] 20.2.3 NMAC through 20.2.99 NMAC.

Recodif

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SIP Approved Part 2, 9/26/1997 (62 FRN 50518) 2002 Recodification and 6/11/2009 SIP Revision

Submittal

Comme

102. STATUTORY AUTHORITY: The EnvironmentalImprovement Board "shall promulgate regulations and

standards in ...air quality management" (NMSA 1978,

Section 74‐1‐8.A) and "the Environmental

Improvement Board... shall adopt...regulations to

attain and maintain national ambient air quality

standards and prevent or abate air pollution..." (NMSA

1978, Section 74‐2‐5.B).

[102.]20.2.2.3 STATUTORY AUTHORITY: The

environmental improvement board "shall promulgate

regulations and standards in ... air quality

management" (NMSA 1978, section 74‐1‐8.A) and "the

Environmental Improvement Board... shall adopt...

regulations to attain and maintain national ambient air

quality standards and prevent or abate air pollution..."

(NMSA 1978, section 74‐2‐5.B).

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103. DURATION: Permanent. [103.]20.2.2.4 DURATION: Permanent Recodif

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104. EFFECTIVE DATE: October 27, 1995. [104.]20.2.2.5 EFFECTIVE DATE: October 27, 1995 Recodif

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105. OBJECTIVE: To provide specific definitions for

terms used and not defined in air quality regulations

20 NMAC 2.3 through 20 NMAC 2.99.

[105.]20.2.2.6 OBJECTIVE: To provide specific

definitions for terms used and not defined in air

quality regulations [20 NMAC 2.3 through 20 NMAC

2.99] 20.2.3 NMAC through 20.2.99 NMAC.

Recodif

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SIP Approved Part 2, 9/26/1997 (62 FRN 50518) 2002 Recodification and 6/11/2009 SIP Revision

Submittal

Comme

106. AMENDMENT AND SUPERSESSION OF PRIOR

REGULATIONS: This Part supersedes AQCR 100,

originally filed on January 23, 1970, and subsequently

amended and refiled on May 26, 1971, September 1,

1971, September 14, 1973, June 14, 1974, July 15,

1974, February 7, 1983, May 26, 1983, August 1, 1988,

and May 29, 1990.

Moved to end of 20.2.2 NMAC. Section 

SUPERS

REGULA

regulatRevisio

107. DOCUMENTS: Documents cited in this Part may

be viewed at the New Mexico Environment

Department, Air Quality Bureau, Runnels Building,

1190 Saint Francis Drive, Santa Fe, NM 87503.

Moved to end of 20.2.2 NMAC. Section 

end of Revisio

108 – 199. [RESERVED] [108 – 199. [RESERVED]] Deleted

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SUBPART II ‐ DEFINITIONS [SUBPART II – DEFINITIONS] Deleted

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200. DEFINITIONS: The following definitions apply to

all Parts of 20 NMAC Chapter 2.

20.2.2.7 DEFINITIONS: The following

definitions apply to all Parts of [20 NMAC Chapter 2]Title 20, Chapter 2 NMAC.

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SIP Approved Part 2, 9/26/1997 (62 FRN 50518) 2002 Recodification and 6/11/2009 SIP Revision

Submittal

Comme

A. "Administrator" means the Administrator of the

United States Environmental Protection Agency (US

EPA) his or her designee.

A. "Administrator" means the administrator of the

United States environmental protection agency (US

EPA) or his or her designee.

No cha

B. "Aerodynamic diameter" means the diameter of a

sphere of unit density which behaves aerodynamically

the same as the particle of the test substance. It is

used to predict where particles of different size and

density may be deposited in the respiratory tract.

B. "Aerodynamic diameter" means the diameter of a

sphere of unit density which behaves aerodynamically

the same as the particle of the test substance. It is

used to predict where particles of different size and

density may be deposited in the respiratory tract.

No cha

C. "Air contaminant" means any airborne substance,

including but not limited to, any particulate matter, fly

ash, dust, fumes, gas, mist, smoke, vapor, micro‐

organisms, radioactive material, any combination

thereof or any decay or reaction product thereof.

C. "Air contaminant" means any airborne substance,

including but not limited to, any particulate matter, fly

ash, dust, fumes, gas, mist, smoke, vapor, micro‐

organisms, radioactive material, any combination

thereof or any decay or reaction product thereof.

No cha

D. "Air pollution" means the emission, except as such

emission occurs in nature, into the outdoor

atmosphere of one or more air contaminants in such

quantities and duration as may with reasonable

probability injure human health, animal or plant life,

or as may unreasonable interfere with the public

welfare, visibility or the reasonable use of property.

D. "Air pollution" means the emission, except as such

emission occurs in nature, into the outdoor

atmosphere of one or more air contaminants in such

quantities and duration as may with reasonable

probability injure human health, animal or plant life,

or as may unreasonable interfere with the public

welfare, visibility or the reasonable use of property.

No cha

E. "Asbestos" includes chrysolite, crocidolite, amosite,

anthophylite, tremolite, and actinolite.

E. "Asbestos" includes chrysolite, crocidolite, amosite,

anthophylite, tremolite, and actinolite.

No cha

F. "Board" means the New Mexico Environmental

Improvement Board or its successor agency or

authority.

F. "Board" means the New Mexico environmental

improvement board or its successor agency or

authority.

No cha
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SIP Approved Part 2, 9/26/1997 (62 FRN 50518) 2002 Recodification and 6/11/2009 SIP Revision

Submittal

Comme

G. "Carbon monoxide" means the chemical compound

containing one atom of carbon and one atom of

oxygen.

[G]H. "Carbon monoxide" means the chemical

compound containing one atom of carbon and one

atom of oxygen.

Recodif

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H. "Department" means the New Mexico Environment

Department or its successor agency or authority, as

represented by the Department Secretary or his or her

designee.

[H]I. "Department" means the New Mexico

environment department or its successor agency or

authority, as represented by the department secretary

or his or her designee.

Recodif

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I. "Federal Act" means the Federal Clean Air Act, as

amended, 42 U.S.C. Sections 7401 et seq.

[I]J. "Federal act" means the Federal Clean Air Act, as

amended, 42 U.S.C. sections 7401 et seq.

Recodif

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J. "Flue" means, any duct for air, gases, or the like,

such as a stack or chimney.

[J]K. "Flue" means, any duct for air, gases, or the like,

such as a stack or chimney.

Recodif

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K. "Fugitive dust" or "Fugitive particulate matter"

means particulate emissions which escape to the

atmosphere due to leakage; materials handling,

transfer or storage; travel over unpaved roads or

parking areas; or other industrial activities, and which

are not ducted through exhaust systems.

[K]L. "Fugitive dust" or "fugitive particulate matter"

means particulate emissions which escape to the

atmosphere due to leakage; materials handling,

transfer or storage; travel over unpaved roads or

parking areas; or other industrial activities, and which

are not ducted through exhaust systems.

Recodif

changeRevisio
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SIP Approved Part 2, 9/26/1997 (62 FRN 50518) 2002 Recodification and 6/11/2009 SIP Revision

Submittal

Comme

L. "Heavy metal" means any metal having an atomic

number greater than 21.

[L]N. "Heavy metal" means any metal having an

atomic number greater than 21.

Recodif

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M. "Hydrogen sulfide" means the chemical compound

containing two atoms of hydrogen and one atom of

sulfur.

[M]P. "Hydrogen sulfide" means the chemical

compound containing two atoms of hydrogen and one

atom of sulfur.

Recodif

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N. "Kraft pulp" means the fibrous cellulose material

produced in a Kraft mill.

[N]Q. "Kraft pulp" means the fibrous cellulose

material produced in a kraft mill.

Recodif

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O. "Lead" means elemental lead; alloys in which one

of the elements is lead; or compounds containing lead,

which are measured as elemental lead.

[O]R. "Lead" means elemental lead; alloys in which

one of the elements is lead; or compounds containing

lead, which are measured as elemental lead.

Recodif

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P. "mg/m3" means milligrams per cubic meter. [P]T. "mg/m3" means milligrams per cubic meter. Recodif

changeRevisio
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SIP Approved Part 2, 9/26/1997 (62 FRN 50518) 2002 Recodification and 6/11/2009 SIP Revision

Submittal

Comme

Q. "Nitrogen dioxide" means the chemical compound

containing one atom of nitrogen and two atoms of

oxygen, for the purposes of ambient determinations.

The term "nitrogen dioxide," for the purposes of stack

emissions monitoring, shall include nitrogen dioxide

(the chemical compound containing one atom of

nitrogen and two atoms of oxygen), nitric oxide (the

chemical compound containing one atom of nitrogen

and one atom of oxygen), and other oxides of nitrogen

which may test as nitrogen dioxide.

[Q]U. "Nitrogen dioxide" means the chemical

compound containing one atom of nitrogen and two

atoms of oxygen, for the purposes of ambient

determinations. The term "nitrogen dioxide," for the

purposes of stack emissions monitoring, shall include

nitrogen dioxide (the chemical compound containingone atom of nitrogen and two atoms of oxygen), nitric

oxide (the chemical compound containing one atom of

nitrogen and one atom of oxygen), and other oxides of

nitrogen which may test as nitrogen dioxide.

Recodif

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R. "Non‐methane hydrocarbons" means any

combination of hydrocarbons (chemical compounds

consisting of hydrogen and carbon) excluding only the

molecule methane.

[R]W. "Non‐methane hydrocarbons" means any

combination of hydrocarbons (chemical compounds

consisting of hydrogen and carbon) excluding only the

molecule methane.

Recodif

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S. "Ozone" means the chemical compound having themolecular composition of three oxygen atoms.

[S]X. "Ozone" means the chemical compound having

the molecular composition of three oxygen atoms.

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T. "Particulate matter" means any airborne, finely

divided solid or liquid material with an aerodynamic

diameter smaller than 100 micrometers.

[T]Y. "Particulate matter" means any airborne, finely

divided solid or liquid material with an aerodynamic

diameter smaller than 100 micrometers.

Recodif

changeRevisio
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SIP Approved Part 2, 9/26/1997 (62 FRN 50518) 2002 Recodification and 6/11/2009 SIP Revision

Submittal

Comme

U. "Particulate matter emissions" means all finely

divided solid or liquid material, other than

uncombined water, emitted to the ambient air as

measured by: applicable reference methods; an

equivalent or alternative method specified by the

Administrator; or a test method specified in the New

Mexico State Implementation Plan.

[U]Z. "Particulate matter emissions" means all finely

divided solid or liquid material, other than

uncombined water, emitted to the ambient air as

measured by: applicable reference methods; an

equivalent or alternative method specified by the

administrator; or a test method specified in the New

Mexico state implementation plan.

Recodif

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V. "Person" means any individual; partnership;

corporation; association; municipality; the State or

political subdivision of the State; and any agency,

department, or instrumentality of the United States

and any of their officers, agents, or employees.

[V]AB. "Person" means any individual; partnership;

corporation; association; municipality; the state or

political subdivision of the state; and any agency,

department, or instrumentality of the United States

and any of their officers, agents, or employees.

Recodif

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W. "Photochemical oxidents" means those oxidizing

chemical compounds which are the products of photo

initiated reactions involving organic compounds and

nitrogen oxides, consisting primarily of ozone and

peroxyacetyl nitrate (PAN).

[W]AC. "Photochemical oxidents" means those

oxidizing chemical compounds which are the products

of photo initiated reactions involving organic

compounds and nitrogen oxides, consisting primarily

of ozone and peroxyacetyl nitrate (PAN).

Recodif

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X. "PM10" means particulate matter with an

aerodynamic diameter less than or equal to a nominal

10 micrometers.

[X]AD. "PM10" means particulate matter with an

aerodynamic diameter less than or equal to a nominal

10 micrometers.

Recodif

changeRevisio
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SIP Approved Part 2, 9/26/1997 (62 FRN 50518) 2002 Recodification and 6/11/2009 SIP Revision

Submittal

Comme

Y. "PM10 emissions" means finely divided solid or

liquid material with an aerodynamic diameter less

than or equal to a nominal 10 micrometers, emitted to

the ambient air, as measured by: an applicable

reference method; an equivalent or alternative

method specified by the EPA Administrator; or a test

method specified in the New Mexico State

Implementation Plan.

[Y]AE. "PM10 emissions" means finely divided solid or

liquid material with an aerodynamic diameter less

than or equal to a nominal 10 micrometers, emitted to

the ambient air, as measured by: an applicable

reference method; an equivalent or alternative

method specified by the EPA administrator; or a test

method specified in the New Mexico state

implementation plan.

Recodif

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No comparable definition in the SIP. AF. "PM2.5" means particulate matter with an

aerodynamic diameter less than or equal to a nominal2.5 micrometers.

Submit

consist

definiti

Append

Revisio

No comparable definition in the SIP. AG. "PM2.5 emissions" means finely divided solid or

liquid material with an aerodynamic diameter lessthan or equal to a nominal 2.5 micrometers, emittedto the ambient air, as measured by: an applicablereference method; an equivalent or alternativemethod specified by the EPA administrator; or a testmethod specified in the New Mexico stateimplementation plan.

Submitemissio

federal 

Part 50

federal emissio

51.100EPA req

specifie

implem

submit

Revisio
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SIP Approved Part 2, 9/26/1997 (62 FRN 50518) 2002 Recodification and 6/11/2009 SIP Revision

Submittal

Comme

Z. "ppm" means parts per million by volume. [Z]AH. "ppm" means parts per million by volume. Recodif

changeRevisio

AA. "Ringelmann scale" means the grading of opacity,

appearance, density or shade of a smoke emission, in

determining the light‐obscuring power of smoke.

[AA]AI. "Ringelmann scale" means the grading of

opacity, appearance, density or shade of a smoke

emission, in determining the light‐obscuring power of

smoke.

Recodif

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BB. "Schedule of compliance" means a schedule or

timetable, acceptable to the Board, which clearly sets

out in detail, the steps to be taken in achieving the

objectives of a regulation or standard.

[BB]AJ. "Schedule of compliance" means a schedule

or timetable, acceptable to the board, which clearly

sets out in detail, the steps to be taken in achieving

the objectives of a regulation or standard.

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CC. "Secretary" means the Secretary of the New

Mexico Environment Department or his or her

designee.

[CC]AK. "Secretary" means the secretary of the New

Mexico environment department or his or her

designee.

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DD. "Smoke" means small gas‐borne particles resulting

from incomplete combustion, consisting

predominantly, by not exclusively, of carbon, soot and

combustible material.

[DD]AL. "Smoke" means small gas‐borne particles

resulting from incomplete combustion, consisting

predominantly, by not exclusively, of carbon, soot and

combustible material.

Recodif

changeRevisio
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SIP Approved Part 2, 9/26/1997 (62 FRN 50518) 2002 Recodification and 6/11/2009 SIP Revision

Submittal

Comme

EE. "Sulfur dioxide" means the chemical compound

containing one atom of sulfur and two atoms of

oxygen, for the purposes of ambient determinations.

The term sulfur dioxide, for the purposes of stack

emissions monitoring, shall include sulfur dioxide

(chemical compound containing one atom of sulfur

and two atoms of oxygen), and other oxides of sulfur

which may test as sulfur dioxide.

[EE]AM. "Sulfur dioxide" means the chemical

compound containing one atom of sulfur and two

atoms of oxygen, for the purposes of ambient

determinations. The term sulfur dioxide, for the

purposes of stack emissions monitoring, shall include

sulfur dioxide (chemical compound containing one

atom of sulfur and two atoms of oxygen), and other

oxides of sulfur which may test as sulfur dioxide.

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FF. "Total reduced sulfur" means any combination of

sulfur compounds, except sulfur dioxide and free

sulfur, which test as total reduced sulfur, including,

but not limited to, hydrogen sulfide, methyl

mercaptan, and ethyl mercaptan.

[FF]AO. "Total reduced sulfur" means any

combination of sulfur compounds, except sulfur

dioxide and free sulfur, which test as total reduced

sulfur, including, but not limited to, hydrogen sulfide,

methyl mercaptan, and ethyl mercaptan.

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GG. "Total suspended particulates (TSP)" means

particulate matter as measured by the method

described in 40 CFR Part 50, Appendix B.

[GG]AP. "Total suspended particulates (TSP)" means

particulate matter as measured by the method

described in 40 CFR Part 50, Appendix B.

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HH. "ug/m3" means micrograms per cubic meter. [HH]AQ. "ug/m3" means micrograms per cubic meter. Recodif

changeRevisio
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SIP Approved Part 2, 9/26/1997 (62 FRN 50518) 2002 Recodification and 6/11/2009 SIP Revision

Submittal

Comme

II. "US EPA" means the United States Environmental

Protection Agency.

[II]AR. "US EPA" means the United States

environmental protection agency.

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JJ. "Volatile organic compound (VOC)" means any

organic compound which participates in atmospheric

photochemical reactions; that is, any organic

compound other than those which the Administrator

designates as having negligible photochemical

reactivity.

[JJ]AS. "Volatile organic compound (VOC)" means any

organic compound which participates in atmospheric

photochemical reactions; that is, any organic

compound other than those which the administrator

designates as having negligible photochemical

reactivity.

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106. AMENDMENT AND SUPERSESSION OF PRIOR

REGULATIONS: This Part supersedes AQCR 100,

originally filed on January 23, 1970, and subsequently

amended and refiled on May 26, 1971, September 1,

1971, September 14, 1973, June 14, 1974, July 15,

1974, February 7, 1983, May 26, 1983, August 1, 1988,

and May 29, 1990.

[106.]20.2.2.8 AMENDMENT AND SUPERSESSION

OF PRIOR REGULATIONS: This part supersedes AQCR

100, originally filed on January 23, 1970, and

subsequently amended and refiled on May 26, 1971,

September 1, 1971, September 14, 1973, June 14,

1974, July 15, 1974, February 7, 1983, May 26, 1983,

August 1, 1988, and May 29, 1990.

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107. DOCUMENTS: Documents cited in this Part may

be viewed at the New Mexico Environment

Department, Air Quality Bureau, Runnels Building,

1190 Saint Francis Drive, Santa Fe, NM 87503.

[107.]20.2.2.9 DOCUMENTS: Documents cited in this

part may be viewed at the New Mexico Environment

Department, Air Quality Bureau, Runnels Building,

1190 Saint Francis Drive, Santa Fe, NM 87503 [2048

Galisteo St., Santa Fe, NM 87505].

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The analysis presented in the above Table demonstrates that the revisions to New Mexico Title 20, Chapter 2, Part 

11, 2009, are consistent with federal requirements and thus approvable. 
1

B. Part 51, Appendix V Completeness Checklist 

The criteria for completeness determination are found in Appendix V to Part 51 – Criteria for 

determining the completeness of plan submissions and are outlined below: 

1.0 Purpose: This appendix V sets forth the minimum criteria for determining whether a state 

implementation plan submitted for consideration by the EPA is an official submission for 

purposes of review under § 51.103. 

1.1 The EPA shall return to the submitting official any plan or revision thereof which fails to 

meet the criteria set forth in this appendix V, and request corrective action, identifying the 

component(s) absent or insufficient to perform a review of the submitted plan. 

1.2 The EPA shall inform the submitting official whether or not a plan submission meets the 

requirements of this appendix V within 60 days of the EPA’s receipt of the submittal, but 

no later than 6 months after the date which the State was required to submit the plan or 

revision. If a completeness determination is not made by 6 months from receipt of a 

submittal, the submittal shall be deemed complete by operation of law on the date 6 months 

from receipt. A determination of completeness under this paragraph means that the 

submission is an official submission for purposes of § 51.103. 

The attached checklist outlines the basic criteria included under 2.1, 2.2, and 2.3 of Appendix V.

Administrative Materials (2.1) 

1. The package is sent with a formal submittal letter from the Governor or his or her designee 

requesting the EPA’s approval of the revision. 

The SIP revisions addressed in this action were submitted via letter from Governor 

Richardson dated June 11, 2009. 

2. Evidence is included that the State has adopted the revision in the State code or body of 

regulations, or that the State has issued the permit, order, consent agreement (hereafter 

document) in final form. This evidence would include the date of adoption or final issuance 

and the effective date of revision, if different from the adoption/issuance date. 

The revisions for the June 11, 2009 submittal were adopted by the New Mexico 

Environmental Improvement Board on July 7, 2009, filed with the New Mexico State 

Records Center on July 31, 2009, and became effective on August 31, 2009. 

3. Evidence is included that the State has necessary legal authority under State law to adopt 

and implement the revision, e.g., a citation of the appropriate State authority. 
2

The authority for promulgating changes to the New Mexico State Implementation Plan is 

found in Paragraph 4 of Subsection A of 74-1-98 NMSA 1978 and Chapter 74, Article 2 

NMSA 1978. 

4. A copy is included of the actual regulation or document submitted for approval and 

incorporation by reference into the SIP including an indication of the changes made to the 

existing approved place where applicable. The submittal shall be a copy of the official 

State regulation document signed, stamped, and dated by the appropriate State official 

indicating that it is fully enforceable by the State. The effective date of the regulation 

document shall, whenever possible, be indicated in the document itself. 

The SIP submittal included a copy of the official State regulation document. 

5. Evidence is included that the State followed all of the procedural requirements of its laws 

and/or its constitution in the conducting and completing the adoption/issuance of the plan. 

The SIP submittal package included a certification demonstrating the SIP submittal was 

developed pursuant to 40 CFR Part 51.104. 

6. Evidence is included that public notice was given of the proposed changes consistent with 

the procedures approved by the EPA, including the date of publication of such notice (e.g., 

notarized or certified copies of any public notices published in newspapers). (The notice 

should be at least 30 days prior to the public hearing(s). 

The SIP submittal addressed in this action included a summary of the public notices 

published for the rule revisions, as well as, copies showing evidence of the published 

notices. These public notices included information regarding the public comment period 

and upcoming public hearings. 

7. A certification is included indicating that public hearing(s) was/were held in accordance 

with the information provided in the public notice(s) and the State’s laws and constitution, 

if applicable. 

The SIP submittal contained a signed affidavit that certified that the required procedures 

were followed with respect to public notice, public hearing, and public participation. 

8. A compilation of public comments and the State’s response is included. 

The SIP submittal addressed in this action included copies of comments received from the 

public on the State regulation, as well as, as the State’s responses to the comments 

received. 
3

Technical Support (2.2) 

1. Identification of all regulated pollutants affected by the revision included. 

The SIP submittal addresses revisions to the provisions related to the General Provisions’ 

definitions for “PM2.5” and “PM2.5 emissions” only. 

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the attainment plan 

for the affected area(s) is included. 

The provisions evaluated as part of this action can be applied everywhere the New Mexico 

SIP is in effect. 

3. Quantifications of the changes in SIP allowable emissions from the affected sources is 

included. (Examples include estimates of changes in current actual emissions from 

affected sources and/or, where appropriate, quantification of changes in actual emissions 

from affected sources through calculations of the differences between certain baseline 

levels and allowable emissions anticipated if the revisions were approved.) 

Not applicable to this SIP revision. The new regulation only affects the general 

definitions, and does not affect emission levels directly. 

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and 

visibility as applicable would be protected if the revision were approved and implemented. 

Not applicable to this SIP revision. This plan revision does not pertain to redesignating 

an area to attainment for a national primary ambient air quality standard. Nor does this 

revision pertain to prevention of significant deterioration (PSD) increments and 

demonstrations of reasonable further progress. The new regulation only affects the 

definitions for “PM2.5” and “PM2.5 emissions”, and does not affect emission levels 

directly. 

5. FOR REDESIGNATIONS: 

a. Is there a fully approved maintenance plan for the primary ambient air quality 

standards for at least 10 years as required by § 175A of the Clean Air Act? 

Not applicable. 

b. Are contingency measures included? 

Not applicable. 

6. Modeling information, if applicable, is required to support the proposed revision. 
4

Not applicable. 

7. Evidence is included where necessary, that emission limitations are based on continuous 

emission reduction technology (e.g., add-on controls, industrial/process equipment 

designs, reformulated materials, etc.). 

Not applicable. 

8. Evidence is included indicating that a SIP revision contains emission limitations, work 

practice standards and recordkeeping/reporting requirements to ensure stated emission 

levels. 

Not applicable. 

9. Compliance/enforcement strategies including how compliance will be determined in 

practice (including at what frequency). 

Not applicable. 

10. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not necessary should 

be included. For example, requests for alternative RACT may require such justification. 

Not applicable. No special economic and technical justifications are required by other 

applicable EPA policies are necessary because no such policies are relevant in this case. 

The June 11, 2009 SIP submittal meets the completeness criteria established in 40 CFR part 

51, Appendix V.
5

III. Recommended Action 

It is recommended that EPA approve the recodification of the existing SIP-approved general 

definitions and the adoption of two new definitions for PM2.5 regulation in Title 20, Chapter 2 

Part 2 Definitions submitted June 11, 2009. See discussion regarding basis for approval in 

Section II of this TSD. 

This TSD has evaluated the revisions to the New Mexico SIP effective on August 31, 2009, and 

submitted as a revision to the New Mexico SIP on June 11, 2009. 

It is recommended that EPA approve the June 11, 2009 revision, and because these are 

noncontroversial revisions EPA should consider a direct final approval. 

Note that EPA’s analysis and our recommendation on SIP approval does not address the 

revisions adopted by the NMED on January 1, 2008, pertaining to GHGs. These definitions are 

state-only and have not been submitted to the EPA for review or inclusion in the New Mexico 

SIP. Therefore, in our final action on the June 11, 2009, revisions to the general definitions, EPA 

will annotate in 40 CFR 52.1620 that the following definitions are not part of the New Mexico 

SIP.