## 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) 665-7289.2 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. Conclusion3 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-B ernalillo 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, St ate 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 informa tion regarding the publ ic 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 S tate’s laws and constitution, if applicable.

The SIP submittal contains a certified hearing record transcript, which includes the introductory information from the public hear ing 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 in cluded.

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 s ubmittal 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 th e 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 emissionsfrom 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-Bernal illo 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 emi ssions 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 “ s ubject 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 app licability provisions found in 40 CFR 51.166(a)(7)(ii).

1 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 Implementa tion 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 submi ttal, 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.