Page 1 of 5

Revision To The New Mexico State Implementation Plan Pertaining To The Repeal 

Of Section 20.11.90.12 NMAC, Breakdown, Abnormal Operating Conditions, Or 

Scheduled Maintenance, And Replacement By 20.11.49 NMAC, Excess Emissions; 

As Well As Amending Section 20.11.65.7.A NMAC Of The Volatile Organic 

Compounds Rule

September 2009

SIP COMPLETENESS CHECKLIST

for regular processing

(per 40 CFR 51 Appendix V)

2.1 Administrative Materials

(a) A formal letter of submittal from the Governor or his designee, requesting 

EPA approval of the plan or revision thereof (hereafter "the plan").

 X YES ____NO _____N/A

The package is being sent to EPA with a formal submittal letter from the 

Governor of the State of New Mexico.

(b) Evidence that the State has adopted the plan in the State code or body of

regulations; or issued the permit, order, consent agreement (hereafter 

"document") in final form. That evidence shall include the date of adoption 

or final issuance as well as the effective date of the plan, if different from 

the adoption/issuance date.

 X YES ____NO ____N/A

On 9/9/09, The Albuquerque-Bernalillo County Air Quality Control Board 

(AQCB) repealed the current excess emissions rule, Breakdown, Abnormal 

Operating Conditions, Or Scheduled Maintenance, at Section 20.11.90.12 

NMAC, and adopted a new rule, 20.11.49 NMAC, Excess Emissions, to 

replace it. They also amended cross-references to the current rule found 

within the Volatile Organic Compounds rule at 20.11.65.7.A NMAC and 

within the Pathological Waste Destructors rule at 20.11.69.25.A NMAC 

to comport with the new excess emissions rule. These actions were taken 

at a public hearing subsequent to a public comment period. The new and 

amended regulations were filed with the New Mexico State Records Center 

(NMSRC) on 9/11/09, and become effective locally on 10/13/09.

Attachment A contains a copy of the new and amended rules as 

filed with the NMSRC on 9/11/09.
Page 2 of 5

Attachment B contains a copy of the NMAC Transmittal Forms for 

the new and amended rules signed by the AQCB Chair. The date stamp at 

the top of the page indicates the date of transmittal.

(c) Evidence that the State has the necessary legal authority under State law to 

adopt and implement the plan.

 X YES _____NO _____N/A

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

(d) A copy of the actual regulation, or document submitted for approval and 

incorporation by reference into the plan, including indication of the changes made 

(such as, redline/strikethrough) to the existing approved plan, where applicable. 

The submittal shall be a copy of the official State regulation/document signed, 

stamped, 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. If the State submits an 

electronic copy, it must be an exact duplicate of the hard copy with changes 

indicated, signed documents need to be in portable document format, rules need 

to be in text format and files need to be submitted in manageable amounts (i.e., a 

file for each section of chapter, depending on size, and separate files for each 

distinct document) unless otherwise agreed to by the State and Regional Office

 X YES ____NO ____N/A

Attachment A contains a copy of the new and amended rules, as filed with 

the NMSRC on 9/11/09, with an effective date of 10/13/09. The date stamp in 

the upper right-hand corner of the regulation indicates that the regulation is fully 

enforceable by the state. This amended regulation will be published in the New

Mexico Register on 9/30/09 (Volume XX, Issue 18). See Attachment C.

(e) Evidence that the State followed all of the procedural requirements of the State's laws 

and constitution in conducting and completing the adoption/issuance of the plan.

 X YES ____NO ____N/A
Page 3 of 5

See NMAC Transmittal Forms in Attachment B. These certify that these new 

and amended rules have been properly filed with the New Mexico State Records Center.

(f) Evidence that public notice was given of the proposed change consistent with procedures 

approved by EPA; including the date of publication of such notice.

 X YES _____NO _____N/A

See AQD Exhibits #3a, 3b and 3c, in Attachment D. These provide evidence 

that notices were published in the local newspaper and the New Mexico Register. In 

addition, notice was also provided in the form of an e-mail sent to the air quality listserve 

and mailed when appropriate. The New Mexico Air Quality Control Act at 74-2-6C 

NMSA 1978, Adoption of regulations; notice and hearings requires a 30-day notice.

(g) Certification that a public hearing was held in accordance with the information provided 

in the public notice and the State's laws and constitution, if applicable and consistent with 

the public hearing requirements in 40 CFR 51.102.

 X YES _____NO _____N/A

The opening statement for the 9/9/09 public hearing includes information on the 

notice of public hearing and instructions on how the hearing was conducted. See 

certified hearing record transcript in Attachment E.

(h) Compilation of public comments and the State's response thereto.

 X YES ____NO _____N/A

See AQD Exhibit 5a in Attachment D. Staff received no public comments, but 

comments were received by EPA and responded to accordingly by staff.

2.2 Technical Support

(a) Identification of all regulated pollutants affected by the plan.

 X YES ____NO _____N/A

These regulations apply to all regulated pollutants.

(b) 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).

 X YES ____NO _____N/A

Bernalillo County is currently designated as an attainment area for CO under a 

Limited Maintenance Plan (LMP). This designation was published in the Federal 

Register on July 21, 2005 [Vol. 70, No. 139].
Page 4 of 5

The sources affected by these regulations include all stationary sources.

(c) Quantification of the changes in plan-allowable emissions from the affected sources; 

estimates of changes in current actual emissions from affected sources 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 as a result of the revision.

_____YES _____NO X N/A

(d) The State's demonstration that the national ambient air quality standards, prevention of

significant deterioration increments, reasonable further progress demonstration, and 

visibility, as applicable, are protected if the plan is approved and implemented. For all 

requests to redesignate an area to attainment for a national primary ambient air quality 

standard, under Section 107 of the Act, a revision must be submitted to provide for the 

maintenance of the national primary ambient air quality standards for at least 10 years as 

required by Section 175A of the Act.

 X YES _____NO _____N/A

New and amended rules do not reduce stringency.

(e) Modeling information required to support the proposed revision, including input data, 

output data, models used, justification of model selections, ambient monitoring data 

used, meteorological data used, justification for use of offsite data (where used), modes 

of models used, assumptions, and other information relevant to the determination of

adequacy of the modeling analysis.

_____YES ____NO X N/A

(f) Evidence, where necessary, that emission limitations are based on continuous emission 

reduction technology.

___YES _____NO X N/A

(g) Evidence that the plan contains emission limitations, work practice standards and record 

keeping/reporting requirements, where necessary, to ensure emission levels.

___X__YES _____NO N/A

See 20.11.49 NMAC, shown in Attachment A

(h) Compliance/enforcement strategies, including how compliance will be determined in 

practice.

___X__YES ___NO N/A

See 20.11.49 NMAC, shown in Attachment A
Page 5 of 5

(i) Special economic and technical justification required by any applicable EPA policies, or 

an explanation of why such justifications are not necessary.

___YES ___ NO X N/A