## BillRichardson Governor 

# 2008

# ~PR I 0 

# PH [: 51 

# State ofNew MexiSQI\NAL AFFAIRS OlV1SIaH 

# Office of theGovernor

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 ofAlbuquerque 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, NewMexico 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 ofSection 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 ofSection 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 othercontroi 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) containadequateprovisions- 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 ofthis titie, any
source or other type of emissions activity within the 

### statefrom emitiiriq 

### any air pofiutantin amounts which wifi-- 

### (i) contribute significantiy to 

### nonattainmentin, orinterfere with maintenance by, any other state with respect to any such 

### nationalprimary orsecondary ambient air qualitystandard, 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 ofair qualityor 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 11 O(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 prescribedby 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 ofstationarysources Bernalillo County's enforceable emission limitations and othercontrol measuresare covered 

### tomonitoremissions 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 andamounts of 

### emissions Elements of the program for enforcement are found in the monitoring, 

### recordkeeping and andemissions-related data from reporting requirements forsources in the aforementioned control measures, as well as 

### such sources, and under 20.11.42 NMAC, Operating Permits.

(iii) correlation ofsuch reports by the state agency with any 

### emission limitations orstandards establishedpursuant 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 AirPollution Episode Contingency Plan For 

### 40 CFR 

### 52.1639 provide for authoritycomparable 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 contingencyplans 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 ofa 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 tofulfill recentfederal 

### Nonattainment Area as a 

### nonattainmentarea, 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). visibilityprotection); 

### §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 Administratormay prescribe for the purpose 

### ofpredicting the effect on ambientair quality 

### of anyemissions of any air pollutant for which the Administratorhas established

### a national ambientair quality standard, and



### (Ii) the submission, upon request, 

### of data related to such air quality modeling to the Administrator;



## 5

### Section 11 O(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 owneror operatorof The fee requirements stipulated by 20.11.2 NMAC, Fees, were approved by 

### EPAas each majorstationary source to meeting the CM requirements and were incorporated into the New Mexico 

### SIP [Bernalillo 

### Permitting Fees pay to the permitting authority, County, 4i1 0/80,45 FR 24468]. Bernalillo County's Title V operating permit program
as a condition of anypermit codified at 20.11.42 NMAC, Operating Permits, was approved by EPA on 9/8/04 [FR Vol. required underthis 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) if the owneror operator 

### receives 

### a permit forsuch source, thereasonable 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 approvalof 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- OperatingPermits 

## Include PM2.5 in definition ofMajor Sources 20.11.61 NMAC - Prevention of Significant 

## Update for ozone precursor NOx Deterioration 

## 20.IIA NMAC - General Conformity 

## • Update definition for NAAQS to include PM2.5 • Update definition for precursors ofa criteria pollutant to include PM2.5

AirPollution Episode Contingency Plan 

## Revise to include significant harm levels for PM2.5; For Bernalillo County 

## (EPA developing rule for this.)