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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 2 0.11.65.7.A NMAC Of The Volatile Organic CompoundsRule Septem ber2009 SIP COMPLETENESS CHECKLIST fo r regular processing (per 40 CFR 51 Appendix V)
2.1 Administrative Materials (a) A fo rmal let ter of s ubmit tal f rom t he Governor or his designee, reque sti ng 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 S tate of

New Mexico. (b) Evidence th at th e State has adopte d th e plan in th e State code or body of regulations; or issued th e permit, order, consent agreement (hereafter "document") in final form. That evidence shall include the date of adoption or final issuance as well as th e effective date of t he plan, if diff

erent from th e adopti on/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 X YES ____NO ____N/A On 9/9/09, The Albuquerque-Bernalillo County Air Quality Control Board (AQCB) repealed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, Breakdow n, Abnormal Operating Conditions, Or Scheduled Maintenanc e , at Secti on 20.11.90.12 NMAC, and adopted a new rule, 20.11.49 NMAC, Excess Emissions, to replace it . The y also amended cross-references to the current rule found wit hin the Volatile Organic Compoundsrule at 20.11.65.7.A NMAC and wit hin the Pathologica l Waste Destructorsrule at 20.11.69.25.A NMAC to com port wi th th e new excess emissions rule. These actions were taken at a public hearing subsequent to a public comment period. The new and amended regulation s w ere f iled with the New Mexico State Records Center (NMSRC) on 9/11/09 , and bec ome effective locally on 10/13/09
. Attachment A c ontai

ns a copy

o f th e new and amended rules as filed with the NMSRC on 9/11/09
.Page 2 of 5 Attachment B c ontai

ns a copy of th e NMAC Transmittal Forms f or th e new and amended rules signed by th e AQCB Chair. T he date stam p at th e top of the page indicates the date of transmittal
. (c) Evidence that the State has the necessary legal authori

ty under State law to adopt and i

mplementthe plan. X YES _____NO _____N/A The New Mexic o Air Quality Control Act provides for r egulation at 74-2-5.1 NMSA 1978, Duties and Powers Of The Department And The Local Agenc

y; and for plan revisions at 74-2-5.2 NMSA 1978, State Air Pollution Control Agency; Specific Duties and Pow ers of the Departm ent
(d) A copy

o f th e actual regulation, or document submit ted fo r approval and inco rporati on by reference into the plan, including indication of the changes made (such as, redline/strikethrough ) to th e existing approved plan, where applicable. The submit tal

s hall be a copy

o f th e of

ficial State regulation/document signed, stam ped, dated by th e appropri ate State of ficial indicating th at it i s fully enforceable by th e State. T he effective date of t he regulation/document shall, whenever possible, be ind icated in th e document it self. I f th e State submit s an electronic copy, it m

ust be an exact duplicate of t he hard copy

w it h changes indicated, signed documents need to be in portable document fo rmat, rules need to b e i n text f ormat and f

iles need to be submit ted

i n manageable amo unts ( i. e. , a file fo r each section

o f chapter, depending on size, and separate files fo r each distinct document) unless otherwise agreed to by the State and Regional Office X YES ____NO ____N/A Attachment A contai

ns a cop y of

the new and amended rules, as filed wit h th e NMSRC on 9/11/09 , wit h an effective date of 10/13/09

. The date stam p in th e upper right-hand corner of th e regulation indicates th at th e regulation is fully enforceable by th e state. T his amended regulation will be published in th e New Mexico Register

on 9/30/09 ( Vol

ume XX , Issue 18 ). See Attachment C
. (e) Evidence th at th e State fo llo wed all of t he procedural

r equirements of

t he State's laws and constitution in conducting and completing the adoption/is suance of the plan. X YES ____NO ____N/APage 3 of 5 See NMAC Transmittal Forms i n Attachment

B
. These c erti f

y t hat th ese new and amended rules have been properl y filed with the N ew M exico S tate R ecords C enter
. (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 #3 a, 3 b and 3 c , in Attachment D
. T hese provide evidence th at noti ces were published in th e lo cal newspaper and t he New M exico Register
. In addition, notice was also provided in the form of an e-mail sent to the air quality listserve and mailed when appropri ate. The New Mexico Air Quality Control A ct at 74-2-6C NMSA 1978, Adoption of regulations; notice and hearing srequi res a 30-day

noti ce . (g) Certi ficat io n th at a public hearing w as h eld in accordance wit h th e info rmation provided in the public notice and the State's laws and constitution, if applicableand consistent with th e public hearing requirements in 40 CF R 51.102
. X YES _____NO _____N/A The opening statement fo r th e 9/9/09 p ublic hearing includes info rmation on th e noti ce of p ublic hearing and inst ructi ons on how th e hearing was c onducted. See certi fied hearing re cord transcri pt i n Attachment E
. (h) Com

pilat io n of public comments and the State's response thereto. X YES ____NO _____N/A See AQD Exhibit 5 a i

n Attachment D
. S taf

f received no p ublic com ment s, but com ment s were received

by EPA and responded to accordi ngly by staff. 2.2 Techn ical Support (a) Identification of all regulated pollutants affected by the plan. X YES ____NO _____N/A The se regulation s appl

y to all regulated pollutants. (b) Identification of

t he lo cations of

a ffect ed sources including th e EPA attai nment / nonat tai nmentd esignation of

t he lo cations and th e status of t he attai nmentp lan fo r th e affected area(s). X YES ____NO _____N/A Bernalillo County

i s currently designated as an attai nmentarea fo r CO under a Limit ed Maintenance Plan (LMP). T his designat io n was published in th e Federal Register on July 21, 2005 [ Vol . 70, No. 139 ]
.Page 4 of 5 T he sources affected by th ese regulation s i nclude all stati onary

sources. (c) Quantification of

t he changes in plan-allowable emissio ns from th e affected sources; esti mat es of c hanges in current actual emissio ns from affected sources or, where appropri ate, quantification of c hanges in actual emissio ns from affected sources th rough calculations of

t he differences between certai n baseline levels and allo wable emissio ns anticipate d as a result of the revision.

_____YES _____NO X N/A (d) The State's demonstration th at th e national ambienta irqualit y standards, prevention of significantd eteriorati on increments, r easonable further progress de mo nstrati on, and visibilit y, a s ap plicable, are protected if th e plan is approved and implement ed. F or all requests to redesignate an area to attai nmentf or a national pri

mary ambienta irqualit y standard, under Section 107 of t he Act, a revision must be submit ted to provide fo r th e maint enance of the national primary ambient air quality standards fo r at least 10 years as required by Section 175A of the Act. X YES _____NO

_____ N/A New and amended rules do not reduce stri ngency. (e) Modeling info rmation required to support th e propo sed revision, including input data, output data, mo dels used, justification of model s elections, ambientmonitoring data used, met eorologi cal data used, justification fo r use of o ffsit e data (where used), mo des of model s used, assumptions, and oth er info rmation relevant to th e determ inat io n of adequacy of the modeling analysis.

_____YES

____

NO X N/A (f) Evidence, where necessary, th at emissio n limit ations are based on conti nuous emissio n reducti on technology.

___YES

__

__ _NO X N/A (g) Evidence th at th e plan contai ns emissio n limit ations, work practi ce 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) Com

pliance/enforcement s trategi es, including how com pliance will be determ

ined in practi ce.

___ X__YES ___NO N/A See 20.11.49 NMAC, shown in Attachment APage 5 of 5

(i) Special econom

ic and technical justification required by any applicable EPA policies, or an explanation of why such justifications are not necessary.

___YES ___ NO X N/A