BillRichardson

Governor

2008 ~PR I0 PH [: 51

State ofNew MexiSQI\NAL AFFAIRS OlV1SIaH

Office oftheGovernor

April 7, 2008

Mr. Richard Greene, Mayor

Regional Administrator

U.S. Environmental Protection Agency, Region 6

1445 Ross Avenue

Suite 1200

Dallas, TX 75202-2733

SUBJECT: PM 2.5 Infrastructure State Implementation Plan for Bernalillo County

Dear Mayor Greene:

This letter is submitted to fulfill Bernalillo County's requirements under Sections 110 (a)(l) and (2) of the

Clean Air Act (CAA). The Clean Air Act requires all states to submitplans to provide for the

implementation, maintenance and enforcement ofthe particulate matter 2.5 microns and less (PM2.5)

National Ambient Air Quality Standard (NAAQS). The U.S. Environmental Protection Agency (EPA) is

obligated to make a determination on whether states satisfy the requirements ofthe CAA Sections

110(a)(I) and (2) for the PM2.5 NAAQS by April 4, 2008.

The City of Albuquerque Air Quality Division has evaluated the State Implementation Plan (SIP) for New

Mexico (including Bernalillo County), and finds that the New Mexico SIP does not satisfy the necessary

remaining 110 (a)(l) and (2) requirements for the PM2.5 NAAQS. The enclosed table outlines what

sections of the New Mexico SIP need to be revised to comply with the llO(a)(l) and (2) requirements.

If you have any questions, please contact John Soladay, Acting Director of the Albuquerque

Environmental Health Department (EHD), at (505) 768·2600.

Sincerely,

Bill Richardson

Governor ofNew Mexico

BR/zw

cc: John Soladay, Acting Director, Albuquerque Environmental Health Department

Mary Uhl, Chief, Air Quality Bureau, NM Environment Department

Isreal Tavarez, Environmental Engineering Manager, Air Quality Division

Margaret Nieto, Control Strategies Section Supervisor, Air Quality Division

Enclosures

State Capitol • Room 400 • Santa Fe, New Mexico 8750r • 505-476-2200 • www.governor.state.nm.us
llO(a)(2)(A)-(M) Requirements in the Current !

New Mexico State Implementation Plan (~IP) or Pending SIP Revisions

The federally enforceable State Implementation Plan (SIP) for New Mexico (including Bernalillo County)iis compiled in 40 CFR Part 52 Subpart

GG. Many ofthe miscellaneous requirements of Section 1l0(a)(2)(A)-(M) ofthe Clean Air Act (CAA) relevant to the eight-hour ozone and fine

particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS) are already contained in the :current SIP or SIP revisions which have

been submitted to but not yet approved by the U.S. Environmental Protection Agency (EPA). The following table summarizes where these

requirements of Section 110(a)(2)(A)-(M) are addressed.

Section 110(a) Summary of element Provisions in the current SIP or recent SIP revision submittals Where codified or

element aooroved bv EPA

§110(a)(2)(A) include enforceable emission Bernalillo County's enforceable emission limitations and other control measures are covered 40 CFR52.GG

limitations and other controi in the Air Quality Control Act and those provisions of New Mexico Administrative Code

Emission Limits and measures, means, or techniques (NMAC) Title 20-Environment Protection, Chapter 11-Albuqu~rque - Bernalillo County

Other Control (including economic incentives Air Quality Control Board listed in 40 CFR 52.88, and source speciflc provisions codified at

such as fees, marketable 40 CFR 52.88. ,

Measures I

permits, and auctions of I

emissions rights), as well as Enacted in 1967, the New Mexico Air Quality Control Act [NM SfAT ANN § § 74-2-1

scheduies and timetables for through 74-2-17] allowed for the establishment of the Albuquerque-Bernalillo County Air

Quality Control Board (AQCB) as a local board and gave it authority to administer and compliance as may be enforce its air quality reguiations within the Bernalillo County boundaries. necessary or appropriate to

meet the applicable The regulations filed under NMAC, Title 20-Environment Protection, Chapter 11- requirements ofthis Act. Albuquerque - Bernalillo County Air Quality Control Board, were duly adopted by the

AQCB.

Where these provisions relate to Section 110 requirements, State Implementation Plan

(SIP) revisions have been submitted to and approved by EPA. EPA-approved SiP revisions

are codified at 40 CFR Part 52, Subpart 88. Bernalillo County 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.

1
-

Section 110(a) Summary of element Provisions in the current SIP or recent SIP revision submittals Where codified or

element approved bv EPA

§110(a)(2)(D) containadequate provisions- Bernalillo County has adopted (9/12/07) and submitted to EPA (10/24/07) a SIP 40 CFR 52.GG

revision pertaining only to §110(a)(2)(D)(i). Bernalillo County is not currently subject to

Interstate Transport (i)prohibiting, consistent with requirements under §§ 115 and 126.

the provisions of this titie, any

source or other type of

emissions activity within the

state from emitiiriq any air

pofiutant in amounts which wifi--

(i) contribute significantiy to

nonattainment in, orinterfere

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

oollutior: abatement);

§110(a)(2)(E)(ii)

(ii) requirements that the state New Mexico state statute, NMSA 1978, Section 74-7-5 requires the state's Environmentai

Adequate Resources comply with the requirements Improvement Board (EIB) to comply with the requirements of the federal Clean Air Act

respecting state boards under (CAA) and its associated standards, requlations and state implementing directives. The

section 128, and AQCB must also comply with the CAA when promUlgating regulations. The AQCB must be

as stringent as the EiB, and therefore follow the CAA. In addition, the AQCB must comply

with the NM Air Qualitv Control Act, which was adopted pursuant to the CAA.

2
Section 11O(a) Summary of element Provisions in the current SIP or recent SIP revision submittal Where codified or

element approved bv EPA

§110(a)(2)(F) 40 CFR 52.GG

require, as may be prescribed by Regulatory requirements have been codified at 20.11.41 NMAC, Authority to Construct;

Stationary Source the Administrator- 20.11.42 NMAC, Operating Permits; and 20.11.60 NMAC, Permitting in Nonatfainment

Monitoring System Areas; (pertaining to sampling and testing).

(i) the installation,

maintenance, and replacement Requirements in 20.11.47 NMAC, Emissions Inventory Requirements, provide for the

of equipment, and the reporting of emissions inventories in a format established by the City of Aibuquerque's Air

implementation of other Quality Division, on a schedule set forth in the regulation.

necessary steps by owners or

operators of stationary sources Bernalillo County's enforceable emission limitations and othercontrol measuresare covered

to monitor emissions from such in The New Mexico State Air Quality Control Act and those provisions of Chapter 11 of New

sources, Mexico's Administrative Code.

(ii) periodic reports on the

nature and amounts of emissions Elements of the program for enforcement are found in the monitoring, recordkeeping and

and emissions-related data from reporting requirements for sources in the aforementioned control measures, as well as

such sources, and under 20.11.42 NMAC, Operating Permits.

(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;

§110(a)(2)(G) On January 26, 1989, the AQCB adopted the Air Pollution Episode Contingency Plan For 40 CFR 52.1639

provide for authority comparable Bernalillo County (8/12/91, 56 FR 38074), that covers air pollution episodes and the

Emergency Power to that in section 303 and occurrence of an emergency due to the effects of the pollutants on the health of persons.

adequate contingency plans to

implement such authoritv;

3
Section 110(a) Summary of element Provisions in the current SIP or recent SIP revision submittals Where codified or

element aonroved bv EPA

§110(a)(2)(1) in the case of a plan or plan The SIP revision pertaining to §110(a)(2)(D)(i) covers the requirements of Part 0 tor 40 CFR52.GG

revision foran area designated non attainment areas. Amendments to these requirements to fulfill recentfederal

Nonattainment Area as a nonattainment area, meet requirements were submitted to EPA on 10/24/07. SiPs under Part 0 comply with all

Plan Requirements the applicable requirements of applicable requirements for each nonattainment area under sections 110, 172(c), and 175A

part D (relating to nonattainment and Subpart 2 to Part D. No SIP was required by EPA for Bernalilio County under the oneareas); hour ozone standard. Compliance under the eight-hour ozone and PM,., standard will be

evaluated with SIPs submitted if necessary. Any SIP revisions related to nonattainment

areas will comply with SUbpart 0 requirements, as applicable. The currently approved

nonattainment area SIP provisions [Limited Maintenance Plan for Carbon Monoxide] listed

in 40 CFR 52.1620 alreadv meet Suboart 0 reouirements.

4
Section 110(a) Summary of element Provisions in the current SIP or recent SIP revision submittals Where codified or

element approved by EPA

§110(a)(2)(J) meet the applicable requirements The AQCB has adopted 20.11.61 NMAC, Prevention of Significant Deterioration, following 40 CFR 52.1634

of ... part C (relating to the requirements outlined in 40 CFR 52 under Section 161 of the CAA (42 U.S.CA § 7471)

PSD prevention of significant for prevention at signiticant deterioration. These provisions were approved by EPA as part

deterioration of air quality and of the SIP (effective 5129/07).

visibility protection);

§110(a)(2)(K) 40 CFR 52.1640

provide for: The City at Albuquerque Air Quality Division follows EPA guidelines for air dispersion

Air Quality (I) the performance of such air modeling.

ModelinglData 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;

5
Section 11O(a) Summary of element Provisions in the current SIP or recent SIP revision submittals Where codified or

element approved bv EPA

40 CFR52.GG

§110(a)(2)(L) require the owner or operator of The fee requirements stipulated by 20.11.2 NMAC, Fees, were approved by EPAas

each major stationary source to meeting the CM requirements and were incorporated into the New Mexico SIP [Bernalillo

Permitting Fees pay to the permitting authority, County, 4i10/80,45 FR 24468]. Bernalillo County's Title V operating permit program

as a condition of any permit codified at 20.11.42 NMAC, Operating Permits, was approved by EPA on 9/8/04 [FR Vol.

required under this Act, a fee 69, No. 173, 54244-47, effective 11/8/04].

sufficient to cover-s-

(i) the reasonable costs of

reviewing and acting upon any

application for such a permit,

and

(ii) ifthe owner or operator

receives a permit forsuch

source, the reasonable costs of

implementing and enforcing the

terms and conditions ofany such

permit (not including any court

costs or othercosts 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;

6
Proposed Revisions to New Mexico State Implementation Plan (Bernalillo County)

for PM2.5 and Ozone

Regulation Revision

20.11.42 NMAC- Operating Permits Include PM2.5 in definition ofMajor Sources

20.11.61 NMAC - Prevention ofSignificant Update for ozone precursor NOx

Deterioration

20.IIA NMAC - General Conformity • 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;

For Bernalillo County (EPA developing rule for this.)