ADDENDUM TO THE TECHNICAL SUPPORT DOCUMENT

Revisions to the New Mexico State Implementation Plan 

(Albuquerque-Bernalillo County)

 

SIP Revisions Submitted on June 11, 2015 

Part 61 – Prevention of Significant Deterioration 

Section 7 – Definitions 

Section 11 – Applicability 

July 15, 2015 

FOR FURTHER INFORMATION CONTACT: Ms. Ashley Mohr, United States Environmental 

Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, Dallas, Texas 75202-

2733, (214) 665-7289. 
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Contents: 

I. Introduction 

II. Technical Evaluation of the New Mexico June 11, 2015 SIP Submittal for the 

Albuquerque-Bernalillo County PSD Program 

A. Evaluation of the June 11, 2015 SIP Submittal with respect to the Part 51, 

Appendix V Completeness Checklist 

B. Summary of the June 11, 2015 SIP Submittal 

C. Evaluation of the Changes Adopted by the City of Albuquerque-Bernalillo 

County Air Quality Control Board and Included in the June 11, 2015 SIP 

Submittal 

III. Conclusion 

 
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I. Introduction 

On May 20, 2015, the EPA’s proposed approval of portions of SIP revisions for the State 

of New Mexico submitted on July 26, 2013, and March 4, 2015 was published in the 

Federal Register. See 80 FR 28904. These two SIP submittals contained revisions to the 

City of Albuquerque-Bernalillo County PSD program. The March 4, 2015 submittal 

included a request for parallel processing of the submitted 2015 revisions, meaning that 

the EPA proposed approval of a rule that was not yet finalized at the local level. During 

the time that the EPA’s proposed approval was at public notice, New Mexico submitted 

the final SIP submittal to the EPA, which contained the finalized adopted rule changes 

that were originally included in the March 4, 2015 submittal. This final SIP submittal, 

dated June 11, 2015, contained the revisions that had been finalized in the City of 

Albuquerque’s rulemaking process and adopted by the City of Albuquerque-Bernalillo 

County Air Quality Control Board on April 30, 2015. 

This addendum to the TSD for Rule Docket EPA-R06-OAR-2013-0616, will evaluate 

only the June 11, 2015 final SIP submittal. Specifically, we are reviewing the changes to 

the New Mexico rules as contained in the final June 11, 2015 submittal and comparing to 

the rule changes in the March 4, 2015 submittal that were included in the EPA’s proposed 

action. 

 
II. Technical Evaluation of the New Mexico June 11, 2015 SIP Submittal for the 

Albuquerque-Bernalillo County PSD Program

A. Evaluation of the June 11, 2015 SIP Submittal with respect to the 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 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 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. 

 
June 11, 2015 SIP Submittal Checklist: 

Administrative Materials (2.1) 

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

designee requesting EPA’s approval of the revision. 

The SIP revision was formally submitted via letter from the designee of the Governor, 

New Mexico Environment Department Cabinet Secretary Ryan Flynn, dated June 11, 

2015. 

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 SIP revision addressed in this document was adopted by the Albuquerque-Bernalillo 

County Air Quality Control Board on April 30, 2015, effective May 29, 2015. 

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. 

The New Mexico Air Quality Control Act provides for regulation at 74-2-5.1 NMSA 

1978, Duties and powers of the department and the local agency; and for plan revisions 

at 74-2-5.2 NMSA 1978, State air pollution control agency; specific duties and powers of 

the department. 

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 and the 

transmittal form that was filed at the State Records Center with the date of transmittal 

indicated. 

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 includes a certification demonstrating the SIP submittal was 

developed pursuant to 40 CFR 51.104. 
6. Evidence is included that public notice was given of the proposed changes consistent 

with the procedures approved by 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 document 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 contains a certified hearing record transcript, which includes the 

introductory information from the public hearing that included information on the notice 

of the public hearing and how the hearing would be conducted. 

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

As documented in the SIP submittal, no comments were received on the proposed 

revisions. 

Technical Support (2.2) 

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

The SIP submittal addresses revisions to the provisions related to the PSD permitting 

program; therefore, the SIP submittal has the potential to address all regulated 

pollutants. 

10. 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 regulations included in this SIP submittal apply to Albuquerque-Bernalillo County, 

only. Bernalillo County is currently designated attainment for all pollutants. For CO, 

Bernalillo County is designated as an attainment area under a Limited Maintenance Plan 

(LMP). The Albuquerque-Bernalillo County Air Quality Control Board adopted a CO 

LMP on July 14, 2004, which was approved in the Federal Register on 7/21/05 effective 

8/22/05 [70 FR 41963].

11. 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.) 

The provisions for the Albuquerque-Bernalillo County PSD permitting program do not 

need to include quantification of the changes in SIP allowable emissions from the 

affected sources. The mechanics of the PSD permitting process ensure appropriate 

amounts of permitted emissions are approved. 

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

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

implemented. 

As documented in this addendum to the original TSD, the revisions contained in the final 

SIP submittal dated June 11, 2015 are the same as the changes evaluated in the EPA’s 

proposed approval. See the original TSD for Rule Docket EPA-R06-OAR-2013-0616, 

dated March 25, 2015, for more information regarding the proposed revisions to the 

Albuquerque-Bernalillo County PSD permitting program and how they meet the Section 

110(l) requirements that require the revisions not interfere with attainment or reasonable 

further progress or any other applicable requirement of the Act. 

13. 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. 

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

Modeling information is not necessary to support this SIP revision. 

15. 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. 

16. 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. 
The mechanics of the PSD permitting process ensure that these elements are developed 

and included on a permit-by-permit basis. 

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

practice (including at what frequency). 

Not applicable. 

18. 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. 

These justifications are not necessary for this SIP revision. 

The June 11, 2015 SIP submittal meets the completeness criteria established in 40 CFR part 51, 

Appendix V. 

 
B. Summary of the June 11, 2015 SIP Submittal 

On April 30, 2015, the City of Albuquerque-Bernalillo County Air Quality Air Board 

adopted revisions to Part 61, Section 7 – Definitions and Section 11 – Applicability. The 

revisions to these two sections of Part 61 are considered to be substantive and were made 

in response to comments that the EPA provided on a previous SIP revision submittal 

dated July 26, 2013.1

 Part 61, Section 7 Revisions 

The definition of “subject to regulation” at 20.11.61.7(CCC) NMAC was revised to 

remove the biogas deferral. This change was made to be consistent with current federal 

PSD regulations. On July 12, 2013, the U.S. Court of Appeals for the D.C. Circuit issued 

its decision to vacate the Biomass Deferral Rule. Furthermore, even without the vacation 

of this rule, the temporary deferral would have expired on July 21, 2014. 

Part 61, Section 11 Revisions 

The applicability provisions at 20.11.61.11(B) and (C) NMAC were revised to include a 

citation to Public Notice requirements found in Subsection A of 20.11.61.21 NMAC. 

Previously, Section 11 did not include these citations and was not consistent with the 

federal PSD applicability provisions found in 40 CFR 51.166(a)(7)(ii). 

 

 

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 Referenced EPA comments on the July 26, 2013 submittal were provided via letter and subsequent email on 

February 12, 2015, and February 17, 2015, respectively. These comment documents were included in the June 11, 

2015 SIP revision submittal, which is available in the rulemaking docket. 
C. Evaluation of the Changes Adopted by the City of Albuquerque-Bernalillo County 

Air Quality Control Board and Included in the June 11, 2015 SIP Submittal 

The EPA’s TSD for the “Revisions to the New Mexico State Implementation Plant 

(Albuquerque-Bernalillo County),” dated March 25, 2015, provides a line-by-line 

evaluation of all the revisions to the New Mexico SIP submitted for parallel processing 

on March 4, 2015. On April 30, 2015, the City of Albuquerque-Bernalillo County Air 

Quality Control Board adopted revisions to Part 61 consistent with the revisions included 

in the March 2015 SIP submittal and request for parallel processing. Because the final 

revisions were adopted unchanged from those evaluated in the EPA’s proposed approval, 

a line-by-line analysis and evaluation of the June 11, 2015 SIP submittal is not provided 

in this addendum to the TSD. For this analysis, refer to the initial TSD dated March 25, 

2015 available in the rulemaking docket. Our rationale for approving these revisions 

remains unchanged from our proposed approval.
III. Conclusion 

Section II of this addendum contains our analysis, which indicates that the revisions included in 

the June 11, 2015 New Mexico SIP revisions submittal, which were adopted by the City of 

Albuquerque-Bernalillo County Air Board on April 30, 2015, are unchanged from the version 

included in our proposed approval published on May 15, 2015. 

Accordingly, it is recommended that the EPA finalize approval as proposed on the changes 

adopted on April 30, 2015, and submitted to the EPA on June 11, 2015.