### State ofNew Mexico ENVIRONMENTDEPARTMENTRECEI 

### Officeof 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 SantaFe, NM 87502-5469 BUTCHTONGATE 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 ofthe 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 followingportions ofthe 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 ofthese 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 ofeach submittal as referenced in the settlements.
Thank you for your consideration ofthis clarification. Ifthere are any questions, please contactRita Bates at (505) 476-4304.

# l§e~\y\~ Dave Martin Secretary
Enclosure

cc: JeffRobinson, EPARegion 6Dr. AI Armendariz February 10, 2012 Enclosure
Boththe November 2, 2006 and May 2, 2007 submittals included adoption oforrevisions to one or more regulations that: (1) arepart ofthe SIP (underTitle I ofthe CleanAir Act), (2) arepart ofthe New Mexico operating permitprogram under Title V ofthe Clean Air Act, or allow delegation ofthe implementation offederal emissions standards to the state. Although these categories ofregulations are distinct and do not overlap, interactions betweenthem are common. The specific program status ofeach submittedregulation 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- ConstructionPermits SIP 20.2.99 NMAC- [Transportation Conformity] SIP 20.2. 71 NMAC

- Operating PermitEmissions Fees Title V 20.2.77 NMAC- New SourcePerformance Delegation of Standards Emissions Standards May2, 2007 20.2.84 NMAC- Acid RainPermits Title V 20.2.85 NMAC- Mercury Emission Standards and SIP Compliance Schedules for Electric Generating Units

- The November 2, 2006 submittal was in effectboth arevision ofthe SIP and arevision ofthe Title V program and amended 20.2.3, 20.2.70, 20.2.72, and 20.2.99 NMAC. To the extentthat this dual-revision aspect ofthe submittal was not adequately described inthe 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 beconsidered as a Title V program revision. Submitting the samepackage as both a SIPand Title V revision made sensefrom the basis that the respective rule changes provide context for one another and were made in the samehearing. 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 of20.2.70 NMAC remains before you for consideration as a Title V programupdate.
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 currentlyplanning to rescind 20.2.85 NMAC, which is the only SIPrule in that submittal. Although the cover letterreferred to amendments to 20.2.84 NMAC -AcidRainPermits 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 of20.2.84 NMAC (NM StPt 84 AcidRain) remains before you for consideration as a Title V program update.
With regards to all aspects ofeach ofthese packages that were and continueto be submitted as revisions to theTitle V program, the submittals are consistent with and meet the public participation and all other applicable requirements ofour approved Title V program and with the original Attorney General's submittal for that program.