State of New Mexico 

ENVIRONMENT DEPARTMENTRECEI 

Office of the Secretary 12 FEB 22 

AIR PER~IITS SEt; 

SUSANA MARTINEZ 

Governor 

JOHN A. SANCHEZ 

Lieutenant Governor 

Harold Runnels Building GPD-R 

1190 Saint Francis Drive, PO Box 5469 DAVE MARTIN 

Secretary Santa Fe, NM 87502-5469 BUTCH TON GATE 

Telephone (505) 827-2855 Fax (505) 827-2836 Deputy Secretary 

www.nmenv.state.nm.us 

February 10, 2012 

Dr. AI Armendariz 

Regional Administrator (6-A) 

U.S. Environmental Protection Agency, Region 6 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Dear Dr. Armendariz: 

It has come to my attention that the portions of the November 2, 2006 and May 2, 2007 New Mexico 

submittals under the Clean Air Act, specifically, as they relate to the New Mexico State Implementation 

Plan (SIP), were submitted in error. Accordingly, I wish to correct the record with this letter. 

I am withdrawing from your consideration as a SIP submittal the following portions of the November 2, 

2006 and May 2, 2007 submittals: · 

• 20.2.70 NMAC Operating Permits submitted November 2, 2006 (Pt 70 (OPP)) 

• 20.2.84 NMAC Acid Rain Permits submitted May 2, 2007 (NM St Pt 84 Acid Rain) 

As is further explained in the enclosure to this letter, these sections remain before you for consideration as 

updates to the New Mexico Title V program. Further, I understand that our withdrawal of these two 

sections will be taken into account under the settlements with WildEarth Guardians, Civil Action No. 09-

cv-02148. To assist in this effort, I have parenthetically noted the descriptor of each submittal as 

referenced in the settlements. 

Thank you for your consideration of this clarification. If there are any questions, please contact Rita Bates 

at (505) 476-4304. 

l§e~\y\~ 

Dave Martin 

Secretary 

Enclosure 

cc: Jeff Robinson, EPA Region 6 
Dr. AI Armendariz 

February 10, 2012 

Enclosure 

Both the November 2, 2006 and May 2, 2007 submittals included adoption of or revisions to one or more 

regulations that: 

(1) are part of the SIP (under Title I of the Clean Air Act), 

(2) are part of the New Mexico operating permit program under Title V of the Clean Air Act, or 

allow delegation of the implementation of federal emissions standards to the state. 

Although these categories of regulations are distinct and do not overlap, interactions between them are 

common. The specific program status of each submitted regulation is: 

Submittal Date Regulation Program Status 

November2, 20.2.3 NMAC - Ambient Air Quality Standards SIP 

20.2.70 NMAC- Operating Permits Title V 2006 20.2.72 NMAC- Construction Permits SIP 

20.2.99 NMAC- [Transportation Conformity] SIP 

20.2. 71 NMAC - Operating Permit Emissions Fees Title V 

20.2.77 NMAC- New Source Performance Delegation of 

Standards Emissions Standards 

May2, 2007 20.2.84 NMAC- Acid Rain Permits Title V 

20.2.85 NMAC- Mercury Emission Standards and SIP 

Compliance Schedules for Electric 

Generating Units -

The November 2, 2006 submittal was in effect both a revision of the SIP and a revision of the Title V 

program and amended 20.2.3, 20.2.70, 20.2.72, and 20.2.99 NMAC. To the extent that this dual-revision 

aspect of the submittal was not adequately described in the submittal letter, I would like to clarify that 

only the amendments to 20.2.3, 20.2.72 and 20.2.99 NMAC were intended to be considered as a SIP 

revision, and the amendments to 20.2.70 NMAC are intended to be considered as a Title V program 

revision. Submitting the same package as both a SIP and Title V revision made sense from the basis that 

the respective rule changes provide context for one another and were made in the same hearing. 

However, efficiency can also create confusion. Therefore, we are withdrawing 20.2.70 NMAC 

Operating Permits (Pt 70 OPP) from further SIP consideration. The submittal of 20.2.70 NMAC remains 

before you for consideration as a Title V program update. 

With regards to the May 2, 2007 submittal, which amended 20.2.71, 20.2.77 and 20.2.84 NMAC, and 

adopted 20.2.85 NMAC, I withdraw this as a SIP submittal entirely. We are currently planning to 

rescind 20.2.85 NMAC, which is the only SIP rule in that submittal. Although the cover letter referred to 

amendments to 20.2.84 NMAC -Acid Rain Permits as addressing the Clean Air Mercury Rule, the 

amendments are best described as addressing federal revisions to the Acid Rain program. The May 2, 

2007, submittal of 20.2.84 NMAC (NM St Pt 84 Acid Rain) remains before you for consideration as a 

Title V program update. 

With regards to all aspects of each of these packages that were and continue to be submitted as revisions 

to the Title V program, the submittals are consistent with and meet the public participation and all other 

applicable requirements of our approved Title V program and with the original Attorney General's 

submittal for that program.