SUSANA MARTINEZ Governor JOHN A. SANCHEZ Lieutenant Governor



### June 11, 2015 Mr. Ron Curry Regional Administrator ...... , ':''\"J:'L '**~~-** .... ::-**~,** _; i,....**~ ~**  -- t

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## 15 JIJN 25 Pt-\ G: \4 Harold Runnels Building 1190 Saint Francis Drive (87505) PO Box 5469, Santa Fe, NM 87502-5469 Phone (505) 827-2990 Fax (505) 827-1628 www.nmenv.state.nm.us



### U.S. Environmental Protection Agency, Region 6 1445 Ross Ave, Suite 1200 Dallas, TX 75202-2733 RYAN FLYNN Cabinet Secretary BUTCH TONGATE Deputy Secretary



### Subject: Proposed revision to the New Mexico State Implementation Plan (SIP) for Air Quality to address infrastructure requirements ofSection 110(a)(2)(A)-(M) ofthe Clean Air Act (CAA) to implement the 2010 Sulfur Dioxide (S02) National Ambient Air Quality Standard (NAAQS) Dear Mr. Curry: I am writing on behalfofGovernor Susana Martinez to request approval ofthe attached documentation which is proposed to serve as the basis for a revision to the New Mexico SIP. Specifically, I am submitting documentation for the recently adopted S02 Infrastructure SIP, adopted pursuant to Title I ofthe CAA Amendments of 1990. The S02 i-SIP applies exclusively to Albuquerque and Bernalillo County, New Mexico. The Albuquerque- Bernalillo County Air Quality Control Board (Air Board) adopted the S02 infrastructure SIP at its regular monthly meeting on April 30, 2015, following a public hearing held the same evening. The public hearing was held in accordance with state law and the public hearing requirements of40 CFR 51.102. To facilitate your review, one hard copy ofthis SIP submittal and one exact duplicate in electronic form are enclosed. I believe that the submitted materials provide adequate documentation to support the requested SIP revision. To facilitate your review and processing, the following materials arc enclosed: 1) SIP Completeness Checklist pursuant to 40 CFR 51, Appendix V; 2) hearing record; 3) comments and responses;

### 4) the S02 infrastructure SIP adopted by the Air Board; and 5) other supporting documentation. Your favorable consideration ofthis request is appreciated. Ifyou have any questions, please contact Mary Lou Leonard, Director ofthe Albuquerque Environmental Health Department (EHD), at (505) 768-2631.

etary NewMexico Environment Department

cc: Honorable Susana Martinez, Governor, State ofNewMexico Jeffrey Kendall, General Counsel, NMED Michael Vonderheide, Director, Environmental Protection Division, NMED Richard Goodyear, Chief, Air Quality Bureau, NMED Kelsey Curran, Chair, Albuquerque- Bernalillo County Air Quality Control Board Danny Nevarez, Deputy Director, Albuquerque EHD Margaret Nieto, Control Strategies Manager, Air Quality Program, EHD

# Submittal letter from EHD Director to Governor’s designee

### Page 1 of 5 Revision to the New MexicoState Implementation PlanFor Air Quality (SIP) Through Incorporation of a Sulfur Dioxide (SO2

### ) NAAQS Infrastructure SIP

June 2015 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 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 witha formal submittal letter from the designee of 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 The Albuquerque-Bernalillo County Air Quality Control Board (Air Board) adopted the Infrastructure SIP to address requirements of Section 110(a)(2)(A)- (M) of the Clean Air Act to im plement the 2010 Sulfur Dioxide (SO2

### ) NAAQS on April 30, 2015 on April 30, 2015 during their regular meeting, which followed a public hearing held on the same night. Attachment A contains a copy of the adopted SO2

### Infrastructure SIP, signed by Air Board Vice-Chair, Jane Cudney-Black, for Chair Kelsey Curran. This document displays the date of its adoption on the front page. Attachment A also contains a copy of the Air Board resolution adopting the Infrastructure SIP.
(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 Actprovides for regulation of sources and plan revision in the following statutory provisions: NMSA 1978 § 74-2-5, Duties and powers, environmental improvement board, local board;

### Page 2 of 5 NMSA 1978 § 74-2-5.1, Duties and powers of the department and the local agency; NMSA 1978 § 74-2-5.2, State air pollution control agency; specific duties and powers of the department. Local authority for regulation of sourcesand plan revision is provided for under the following: NMSA 1978 § 74-2-4, Local authority; City of Albuquerque Ordinances, Section 9-5-1-4, Duties and powers of the board, and Section 9-5-1-5, Duties and powers of the department; Bernalillo County Ordinances, Section 30-33, Duties and powers of the board, and Section 30-34, 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/documentsigned, 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 or chapter, depending upon size, and separate files for each distinct document) unless otherwise agreed to by the State and Regional Office. YES ____NO __X__N/A The SO2 infrastructure SIP document appears in Attachment A. State law does not require that it be filed as a regulatory change with the State Records Center. The document is signed by Air Board Vice Chair Jane Cudney-Black, for Chair Kelsey Curran. (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 NMSA 74-2-6(B) requires that a hearing be held before a regulatory change. NMSA 74-2-6(C) requires 30-day notice of a hearing. See AQP Exhibits 6a, 6b and 6c in Attachment B for evidence that notices of the hearing were published in the “newspaper of general circulation in the area affected” and the New Mexico Register, as well as circulated to the email listserv of the Air Quality Control Board. 20.11.82 NMAC requires thefiling of a Petition for Hearing and

### Page 3 of 5 a Notice of Intent (NOI) to present technical testimony at a hearing. The petition and NOI are both shown in Attachment B. For evidence that a hearing was held, see certified hearing record transcript in Attachment C.
(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 AQP Exhibits 6a, 6b and 6c in Attachment B as evidence that notices were published in the “newspaper of general circulation in the area affected” and the New Mexico Register, as well as circulated to the email listserv of the Air Quality Control Board. 30 days’ notice of a hearing is required by the New Mexico Air Quality ControlAct at NMSA 1978 § 74-2-6(C). (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 See certified hearing record transcript in Attachment C. The remarks by the hearing officer at the April 30, 2015 public hearing included information and instructions on the conduct of the hearing. (h) Compilation of public comments and the State's response thereto. X YES ____NO _____N/A See AQP Exhibits 3a, 3b, 4a, and 4b in Attachment B. Staffreceived comment on the stakeholder review draft from the Albuquerque Bernalillo County Water Utility Authority and responded in writing. Staff received no other public comments. Comments were received on a review draft 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 This plan applies to ambient levels of SO2

### . (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). _ YES ____NO __X__ N/A

### Page 4 of 5 The plan does not create new local regulations affecting a source but rather demonstrates that a regulatory and programmatic framework already exists. Note that there are two major sources ofsulfur dioxide within the jurisdiction of the Air Board: GCC Rio Grande - Tijeras Plant 11783 State Highway 337 Tijeras, NM 87059 Southside Water Reclamation Facility Albuquerque Bernalillo Count y Water Utility Authority 4201 2nd St SW Albuquerque NM 87105 (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 certainbaseline levels and allowable emissions anticipated as a result of the revision. _____YES _____NO X _ N/A The infrastructure SIP does not change plan-allowable emissions. (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 Plan follows EPA guidance, and does 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

### Page 5 of 5 (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 infrastructure SIP (h) Compliance/enforcement strategies, including how compliance will be determined in practice. ___X__YES ___NO N/A See infrastructure SIP (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/AAAMNP AQCA AQCB AQP AQS CAA CFR D.C. Cir. EHD EPA Fed. Reg. F.3d GHG iSIP NAAQS NEI NM NMAC NMED NMSA NOI N02 PM2.s PRD PSD ROA SIP SLEIS 

## so2 LIST OF ABBREVIATIONS AND ACRONYMS Annual Air MonitoringNetwork Plan New Mexico Air Quality Control Act (also referred to as "AirAct") Air Quality Control Board (also referred to as "Air Board") Air Quality Program, Environmental Health Department, City ofAlbuquerque Air Quality System Clean Air Act Code ofFederal Regulations U.S. Court ofAppeals, District ofColumbia Circuit Environmental Health Department, City ofAlbuquerque Environmental Protection Agency Federal Register Federal Reporter, Third Series (record ofdecisions and opinions ofU.S. courts) Greenhouse gasses Infrastructure State Implementation Plan National Ambient Air Quality Standards National Emissions Inventory New Mexico New Mexico Administrative Code New Mexico Environment Department New Mexico Statutes Annotated Notice ofIntentto presenttechnical testimony Nitrogen Dioxide Particulate Matter 2.5 Public Review Draft Prevention ofSignificant Deterioration Revised Ordinances ofthe City ofAlbuquerque State Implementation Plan State and Local Emissions Inventory System Sulfur Dioxide

# Attachment A Attachment A contains copies of the following. 1) SO2

# Infrastructure SIP adopted by Air Board, signed by Board Vice Chair Jane Cudney-Black for Chair Kelsey Curran. 2) Air Board resolution adopting the Infrastructure SIP, April 30, 2015.

# ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROLBOARD

StateImplementation Plan (SIP) for Air Quality

To Address InfrastructureRequirements of Section 110(a)(2)(A)-(M) ofthe Clean AirAct (CAA) to Implementthe 2010 SulfurDioxide (S02) National AmbientAir Quality Standard (NAAQS)

Adopted April30, 2015



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..J, Kelsey Curran, CIH, Chair <..Jti\M._

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## Albuquerque-Bernalillo County Air Quality Control Board 0 /--

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP Page I oflO

### ACKNOWLEDGEMENTS IN THE PREPARATION OF THIS DOCUMENT

Ed Merta, Air Quality Regulation Development Coordinator Control Strategies Section, Air Quality Program (AQP) Principal Author, Editor, SIP Submittal Margaret Nieto, Control Strategies Manager, AQP Project Oversight Air Quality Monitoring and Assurance Section, AQP Air Monitoring and Data Program Information Regulatory Development Committee, AQP Peer Review

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP Page 2 of20AAMNP AQCA AQCB AQP AQS CAA CFR EPA Fed. Reg. GHG iSIP NAAQS NEI NM NMAC NMSA PM2.s PSD ROA SIP SLEIS 

## so2 LIST OF ABBREVIATIONS AND ACRONYMS Annual Air Monitoring Network Plan New Mexico Air Quality Control Act (also referred to as "AirAct") Air Quality Control Board (also referred to as "Air Board") Air Quality Program Air Quality System Clean AirAct Code ofFederal Regulations Environmental Protection Agency Federal Register Greenhouse gasses Infrastructure State Implementation Plan National Ambient Air Quality Standards National Emissions Inventory New Mexico New Mexico Administrative Code New Mexico Statutes Annotated Particulate Matter 2.5 Prevention ofSignificant Deterioration Revised Ordinances ofthe City ofAlbuquerque State Implementation Plan State and Local Emissions Inventory System Sulfur Dioxide

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP Page 3 of20

### Introduction A State Implementation Plan (SIP) identifies how the state will attain and maintainthe primary and secondary National Ambient Air Quality Standards (NAAQS) underthe Clean Air Act (CAA). The SIP contains statutes, regulations, source-specific requirements, non-regulatory items such as plans and inventories, and in some cases additional requirements promulgatedby the U.S. Environmental Protection Agency (EPA). The initial SIPs for stateswere approved by EPA in 1972. 37 Fed. Reg. 10,842-10,906 (May 31, 1972). A state may revise its SIP with EPA approval as necessary. The federally enforceable SIP for New Mexico (including Bernalillo County) is compiled in 40 C.F.R. Part 52, Subpart GG, subsections 1620-1640. Sections 110(aX1) and 110(a)(2} ofthe CAA require that, within three years ofEPA promulgation ofa new orrevised NAAQS, each State must submit a plan known as an "infrastructure SIP" (iSIP). "Infrastructure," in this context, means the programs, policies, activities, resources and authority by which the state will attain, maintain, and enforce the new NAAQS. The iSIP describes these elements in detail. 1 

### Section 11O(a)( 1) ofthe CAA addresses thetiming requirement for the submissions ofany iSIP revisions, while Section 11O(a)(2) lists the required elements that comprisethe iSIP. On June 22,2010,the Administrator ofthe U.S. Environmental Protection Agency, LisaJackson, promulgated a new NAAQS for sulfurdioxide ("S02'') 

### [referred to below as the ''2010 S02 

### NAAQS"], effective August 23,2010.75 Fed. Reg. 35,520-35,603 (June 22, 2010). Based on its review ofthe air quality criteria for oxides ofsulfurand the primary NAAQS for oxides ofsulfur as measured by S02, EPA made revisions to the primary**S~** 

### NAAQS in orderto provide the requisite protection ofpublic health.ld. Specifically, EPA replaced the former 24-hour and annual standards with a new short-term standard based on the 3-yearaverage ofthe 99th percentile ofthe yearly distribution of 1-hourdaily maximum S02 

### concentrations.ld. EPA setthe level ofthis new standard at 75 ppb.ld. The City ofAlbuquerque's Environmental Health Department, Air QualityProgram (AQP)2

, 

### has recommended that Bernalillo County be designated with an attainment status of"unclassifiable" in regard to the revised S02

### NAAQS, pending the availability ofair quality monitoring data necessary for an "in attainment" designation.3 See

### CAA Section 107(d). On July 25,2013, EPA designated certain areas ofthe United States as nonattainment for the new 1-hour S02

### NAAQS. 78 Fed. Reg. 47,191-47,205 (Aug. 5, 

### 2013). Albuquerque-Bernalillo County was not designated as one ofthese nonattainment areas. 

### Id. EPA has statedthat it will address designations for all otherareas in future actions. 

### Id. Albuquerque-Bernalillo County has not yet incorporated the 2010 S02

### NAAQS into the regulations implementing the CAA. 20.11.8 NMAC, AmbientAirQualityStandards. 

### It plans to do so in afuture rulemaking.

1

### More infonnation on the SIPprocess is available at http://epa.gov/airquality/urbanair/sipstatusl.

2 

### "AirQuality Program" is now the correcttennreferring to the local airpollution control agency for Albuquerque and Bernalillo County (within the City ofAlbuquerque Environmental Health Department), established underNMSA 1978 § 

### 7 4-2-4. This tennreplaces the tenn "AirQuality Division," which was 

### used in documents previously submittedto EPA.

3 

### Letterfrom AI Annendariz, EPA Region 6Administrator, to SusanaMartinez, GovernorofNew Mexico (June 2, 2011). Letters cited in this iSIP submission are available uponrequest from the City ofAlbuquerque, Environmental Health Department, Air QualityProgram.

Albuquerque-Bernalillo County SulfurDioxide Infrastructure SIP Page4of10The matrix in the main body ofthis document, below, outlines the requirements ofSections 11O(a)(2)(A) through (M) ofthe CAA [codified at U.S.C. 42 § 7410, 

### State Implementation Plans ForNationalPrimary AndSecondaryAmbientAir QualityStandards] and addresses how Albuquerque-Bernalillo County, New Mexico will implement, maintain and enforce the 2010 S02NAAQS. Legislative authority for Albuquerque-Bernalillo County's airquality program is codified in the New Mexico Air Quality Control Act (AirAct), Chapter 74, 

### EnvironmentalImprovement, Article 2,

### Air Pollution, ofthe New Mexico Statutes Annotated 1978 (NMSA 1978). Section 4 ofthis statute authorizes the creation ofa "local authority" by a New Mexico county ormunicipality meeting certain criteria ifthe county or municipality adopts an ordinance providing for the local administration and enforcement ofthe Air Act. Albuquerque and Bernalillo County meet these statutory criteria in the Air Act. The City of Albuquerque and Bernalillo County each adopted parallel ordinances by which they accepted the authority delegated bythe AirAct, established the JointAir Quality Control Board (AirBoard), and specified that the AirBoard shall adopt regulations consistent with the Air Act and shall adopt a plan for the regulation, control, prevention or abatement ofair pollution throughout Bernalillo County. These parallel ordinances provide that the Albuquerque Environmental Health Department is the administrative agency ofthe Air Board. The AQP is part ofthe Environmental Health Department. The Albuquerque and Bernalillo County ordinances are codified at Revised Ordinances ofthe City ofAlbuquerque (ROA) 

### §§ 9- 5-1 to -99 and Bernalillo County Ordinance 94-5 §§ 1to -20 [codified atArt. 11, Ch. 30, 

### §§ 30-31 to 47. For the sake ofsimplicity, this document will use the terms "Air Quality Program" or "AQP"throughout this document as a shorthand reference for the longer term "CityofAlbuquerque, Environmental Health Department, Air Quality Program." In all instances ofsuch usage, the terms "Air Quality Program" and "AQP" referto the organizational unit within the Environmental Health Department (i.e. the "airagency," "Department," or "EHD", 20.11.1.7 NMAC, 

### GeneralProvisions; orthe "local agency", NMSA 1978 § 74-2-5.1) that carries outairquality regulation duties and powers ofthe Department underthe legal authorities discussed in the above paragraph. Albuquerque-Bernalillo County has already submitted the following legal authorities with earlier SIP submissions now awaiting EPA approval. The full text ofthese authorities is not included in this iSIP submission butthey are described in the main body ofthis document, addressing the required elements of CAA 

### § 110(a)(2).

• Certain Albuquerque and Bernalillo County ordinances have been amended and re-codified since original EPA approval as part ofthe New Mexico SIP. To account forthese changes in the ordinances since the most recent EPA approval, 64 Fed. Reg. 29,235-29,240 (June 1, 1999), and demonstrate that local law conforms to federal standards, the Air Board has approved a proposed revision to the State Boards SIP elementthat would incorporate intothe SIP all currently effective applicable ordinances, policies, and programs.4 This S02 iSIP document will refer throughout to the existing, most current local ordinances.

• The AirBoard has approved proposed revisions to the following regulations in response to EPA rulemaking related to PM2.5: 20.11.41 NMAC, Construction Permits; 20.11.42 NMAC,

4 Letter from Ryan Flynn, New Mexico Environment Secretary, to Ron Curry, EPA Region 6 Administrator (July 26, 2013).

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP Page 5 of20OperatingPermits; 20.11.60 NMAC, Permitting in NonattainmentAreas; 20.11.61 NMAC, Prevention of SignificantDeterioration. 5



### § 1U)(a)(2)(At· 

### Albuquerque-Bernalillo County 110(a)(2) Required SIP Elements for SulfurDioxide

Control measures generally. Albuquerque-Bernalillo County's enforceable emission limitations and other control measures are authorized by the AirAct, NMSA 1978, §§ 74-2-1 to -17, together with the Albuquerque Joint Air Quality Control Board Ordinance, ROA §§ 9-5-1-1 to -99 and the parallel Bernalillo County Joint Air Quality Control Board Ordinance, 94-5 §§ 1to -20 [collectively referred to as the "AirAct and Ordinances"]. The AirAct and Ordinances authorized creation ofthe AlbuquerqueBernalillo County Joint Air Quality Control Board and the Air Quality Program ofthe City of Albuquerque Environmental Health Department. NMSA 1978 § 74-2-4; ROA §§ 9-5-1-3 to -4; Bernalillo County Ord. 94-5 §§ 3 and 4. The Air Act and Ordinances empowerthe Air Board to adopt, promulgate, publish, amend and repeal regulations consistent with the AirAct to attain and maintain NAAQS and prevent or abate air pollution. NMSA 1978 § 74-2-5; ROA § 9-5-1-4; Bernalillo County Ord. 94-5 § 4. The Air Act and Ordinances also serve as the legal basis for establishment ofthe City ofAlbuquerque Environmental Health Department as the air pollution control agency for Albuquerque-Bernalillo County and administrative agency ofthe Air Board, with authority to enforce the air quality regulations ofthe Board. NMSA 1978, § 74-2-5.1; ROA § 9-5-1-5; Bernalillo County Ord. 94-5 §54. The City ofAlbuquerque and Bernalillo County adopted parallel ordinances by which they accepted the authority delegated bytheAirAct, established the Air Board, and specified that the board shall adopt regulations consistent with the AirAct and adopt a plan for the regulation, control, prevention or abatement ofair pollution. ROA §§ 9-5-1-1 to -99 and Bernalillo County Ord. 94-5 § 4.For additional discussion ofthese ordinances and their role in satisfYing EPA requirements for the New Mexico SIP, see Element E(ii) ofthis iSIP. The regulations authorized by the Air Act and Ordinances and duly adopted by the Air Board are codified at 20.11 NMAC. The Air Board has promulgated rules that control emissions ofsulfur dioxide and other criteria pollutants, including rules providing for emission limits, control measures, permits, fees, marketbased control techniques, and compliance schedules. 20.11 NMAC, partsl to 2, 5 to 8, 40, 41, 43, 46, 47, 49, 60 to 61, 63 to 68, and 90. The record ofEPA's approval ofspecific New Mexico statutes, local ordinances, local regulations, and otherenforceable documents into the New Mexico SIP is available at 40 CFRPart 52, Subpart GG,

6 This iSIP report is divided into "elements," each addressing requirements under a specific provision ofthe CAA. This element addresses the requirements ofCAA § IIO(a)(2)(A), and thus may be referred to as "Element A" ofthe iSIP. Otherportions ofthis iSIP use the same naming convention for individual iSIP elements.

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP Page 6 of20Sections 1620-1640. Albuquerque-Bernalillo County has submitted certain froposed revisions to its permitting regulations to EPA and is awaiting EPA approval ofthese revisions. Ifsuch approval should be granted, the Albuquerque-Bernalillo County portion oftheNew Mexico SIP would be updated accordingly. Aside from these proposed revisions AQP has an EPA-approved air permitting program with related control strategies for both major and minor sources, thus ensuring that all applicable requirements are included in the source's permit. 40 CFRPart 52, Subpart GG, Section 1620(c). Startup, shutdown and malfunction; director's discretion. Albuquerque-Bernalillo County's regulation on this subject is 20.11.49NMAC,

### Excess Emissions, which EPA approved in 2010.75 Fed. Reg. 5698-5701 (Feb. 4, 2010). Underthis regulation, AQP does not exempt from enforcement excess emissionsthat occurduring start-up, shutdown, maintenance, or malfunction. Emissions in excess ofpermit or regulatory limits are presumptive violations, subjectto affirmative defenses with the burden ofproofon the respondent. The statutes, ordinances, and regulations governing AQP's enforcement and maintenance ofthe NAAQS do not contain "director'sdiscretion" provisions that purport to permit revisions to SIP approved emissions limits with limited public process or without requiring further approval by EPA. 20.11.49 NMAC, while previously approved by EPA as meeting CAA requirements, is now subjectto a new proposed EPA rule that, when finalized, may require revision ofthe regulation. 79 Fed. Reg. 55,920- 55,956 (Sept. I7, 2014). AQP will work with EPA in this regulatory process to take whatever action may be required to comply with federal law.

AQP is authorized to conduct monitoring ofambient air quality: "[T]he local agency ... shall develop facts and make investigations consistent with the [state] Air Quality Control Act." NMSA 1978, 74-2- 5.t(B); ROA 

### § 9-5-1-S(B) (similar); Bernalillo County Ord. 94-5 

### § S(B). Monitoring develops facts and investigates Bernalillo County air quality. Thus, the AirAct and Ordinances authorize AQP to conduct its monitoring program. Monitoring is also mandated by EPA regulations. Therefore, under both state statute and federal regulations, AQP has the obligation and authority to monitor air quality for S02 atappropriate locations in accordance with EPA's ambient air quality monitoring network requirements, 40 CFR parts 53 ("Ambient Air Monitoring Reference and Equivalent Methods") and 58 ("AmbientAir Quality Surveillance"). AQP's monitoring program implements the following specific federal regulatory requirements:

• providing for submission ofdata to EPA'sAir Quality System in a timely manner, 40 CFR part 58;

• providing EPA with annual monitoring network plans, 40 CFR part 58.10 ("Annual monitoring network plan and periodic network assessment");

• obtaining EPA's approval ofany planned changes to monitoring sites ortothe network plan, 40 CFR 58.14 "S stem Modification"

.

7Albuquerque-Bernalillo County has submitted SIP revisions applying to the following regulations and is awaiting EPA approval: 20.11 NMAC, Parts, 41, 60, and 61.In addition, EPA recently, by direct final rule, approved SIP revisions affecting 20.11.1 and 20.1 1.47 NMAC. 80 Fed. Reg. 5471-5475 (Feb. 2, 2015).

Albuquerque-Bemali11o County Sulfur Dioxide Infrastructure SIP Page 7 of20

### Pursuant to the above authority, AQP maintains a monitoring network throughout Bernalillo Countyto assess ambient concentrations for all ofthe NAAQS, including S02• 

### All monitors are subjected to the quality assurance requirements of40 CFR Part 58, Appendix A. Monitors are located at sitesthat have met the minimum siting requirements ofPart 58, Appendix E. All data is submitted to EPA's Air Quality System (AQS) in accordance with the schedule prescribed by 40 CFR Part 58. As part ofits responsibility for maintaining the monitoring network, AQP submits for EPA review an AnnualAirMonitoringNetworkPlan 

### (AAMNP). 40 CFR § 

### 58.10. This document describes how AQP has complied with monitoring requirements and explains any proposed changes. AQP submitted its 2014 AAMNP on July 10,2014 and received notification ofEPA approval on February 3, 2015.8

### While EPA has not made an official designation for Bernalillo County ofattainment or nonattainment, ambient air quality data reported in the 2014 AAMNP showed S02 

### 1evels less than 10% ofthe 2010 S02

### NAAQS. The EPA-approved 2014 AAMNP described ongoing activities for monitoring S02• 

### These activities comply with EPA requirements for the State and Local AirMonitoring Stations (SLAMS) network and the National Core Multi-Pollutant Monitoring Stations (NCore) network. AQP determined in 2011 that it was not required to install new monitors underthe revised 1-hour 2010 S02

### NAAQS. 9 

### However, in an effort unrelated to the revised S02

### NAAQS, AQP began S02

### monitoring underthe NCore program in 2010. Because this monitoring had only recently begun at the time EPA finalized the 2010 S02 

### NAAQS, AQP recommended in 201 I that Albuquerque-Bernalillo County receive an attainment/nonattainment designation of"unclassifiable." Once AQP's monitoring has gathered sufficient data, AQP will be able to make a new designation recommendation to EPA

.. EPA has stated that it will defer action on Albuquerque-Bernalillo County's 2011 designation recommendation until a future date. 10 

### Air dispersion modeling performed in combination with the above described monitoring ofambient air pollutant concentrations is discussed later in this iSIP submission, in the section addressing requirements ofCAA § 

### 110(a)(2)(K).

Enforcement: The Air Act and Ordinances authorize AQP to enforce emission limits and control measures satisfying Element A ofthis infrastructure SIP, above. The statutes, regulations, and ordinances establishing the emissions limits and control measures described in Element A, coupled with air quality nPr'lni"t" 

### issued setforth the boundaries which entities in

8 Letter from Mark Hansen, Associate Director for Air Programs, Acting, EPA Region 6, to Danny Nevarez, Deputy Director, Albuquerque Environmental Health Department (February 3, 2015).

9 Lener from Susana Martinez, GovernorofNew Mexico, to AI Armendariz, Regional Administrator, EPA Region 6 (May 24, 2011). All ofthe information in this paragraph is based on this letter.

10 Letter from Ron Curry, Regional Administrator, EPA Region 6, to Susana Martinez, Governor ofNew Mexico (Feb. 7, 2013).

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP Page 8 oflOBernalillo County can expectenforcement action. The Air Act and Ordinances authorize AQP to pursue enforcementthrough administrative compliance orders orcommencementofcivil actions. NMSA 1978, § 74-2-12 and 12.1; ROA 

### § 9-5-1-99 and Bernalillo County Ord. 94-5 §§ 13 and 14. AQP carries out such enforcement as the local air pollution control agency established for Albuquerque and Bernalillo County. ROA 

### § 9-5-1-5; Bernalillo County Ord. 94-5 

### § 5. These ordinances were authorized under the Air Quality Control Act, NMSA 1978, 

### § 74-2-4.

Preconstruction PSD Permitting ofMajor Sources: Underthe general statutory authority discussed in Element A ofthis iSIP, above, the AirBoard and AQP have the authority to implement a comprehensive Prevention ofSignificant Deterioration (PSD) permit program not only for S02 but for all regulated New Source Review (NSR) pollutants. This authority is implemented in regulations codified at 20.11.61 NMAC, Prevention of SignificantDeterioration, setting forth PSD requirements for all sources in areas designated in attainment or unclassifiable for a NAAQS. 11 Albuquerque-Bernalillo County's comprehensive PSD program for all NSR pollutants has been previously approved into the New Mexico SIP byEPA. 58 Fed. Reg. 67,330 (Dec. 21, 1993) (initial approval); 72 Fed. Reg. 20,728 (Apr. 26, 2007) (approving SIP revisions for EPA's 2002 reforms to the NSRrules); 77 Fed. Reg. 58,032 (Sept. 19, 2012) (concerning the 1997 and 2008 Ozone and the 1997 and 2006 PM2.5NAAQS). Albuquerque Bernalillo County has the authority to issue permits under its PSD program to sources of Greenhouse Gasses (GHGs). 20.11.61.7(CCC) NMAC. Pursuantto EPA's Greenhouse Gas Tailoring Rule, EPA has approved Albuquerque Bernalillo County's PSD provisions for greenhouse gasses into the New Mexico SIP. 76 Fed. Reg. 81,836 (Dec. 29, 2011). In addition to the above PSD approvals, EPA requires that an iSIP submission address whetheran air agency has submitted any PSD program revisions, regarding any NSRpollutant, for which the submission deadline has passed as ofthe date for EPA's proposed approval ofan iSIP submission. This iSIP addresses the foregoing requirement as follows. Albuquerque Bernalillo County has submitted PSD-related regulatory revisions toEPA in response to EPA's rulemaking amending the PSDrequirements for particulate matter 2.5 (PM2.5) found at 75 Fed. Reg. 64,863 (Oct. 20, 2010). Albuquerque-Bernalillo County's PSD revisions were transmitted to EPA via a letter from New Mexico Environment Secretary Ryan Flynn to EPA Region 6 Administrator Ron Curry on July 26, 2013. These revisions amended 20.11.42 NMAC, OperatingPermits; 20.11.60 NMAC, Permitting in Non-AttainmentAreas; and 20.11.61 NMAC, Prevention of Significant Deterioration. The revisions addressed specific requirements of40 CFR 

### §§ 51.165, 51.166, and 52.21. Note thatcertain ofthe above New Mexico regulatory revisions relating to EPA'sPM25 rulemaking were vacated bythe U.S. Court ofAppeals for the D.C. Circuit on January 22, 2013. Sierra Club v. EPA, 705 F.3d 458 (D.C. Cir. 2013). This court decision applies totwo regulatory provisions that AlbuquerqueBernalillo County would otherwise have adopted. One such provision, not yet part ofthe NMAC, would have been inserted b amendment at 20.11.61.15 B 

### 2 NMAC re ardin Si ificant Im act Levels

.

11 For other regulations governing issuance ofpermitsthat may apply to a facility subjectto PSD requirements, see 20.11.41 NMAC, Construction Permits; 20.11.42 NMAC, OperatingPermits. Forthe regulation governing permittingfor sources located in nonattainment areas, see 20.11.60, Permitting in NonattainmentAreas.

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP Page 9 of20Another vacated provision has been submitted bytheAir Board to EPA and appears at 20.11.61.28 NMAC (regarding SignificantMonitoring Concentration). AQP will respond promptly to any future EPA initiatives regarding these vacated provisions. Regulation ofminor sources and minormodifications: Per 40 CFR sections 51.160 through 51.164, the AirBoard has approved preconstruction regulations applicable to modification and construction of stationary minor sources emitting a NAAQS pollutant. 20.11.41 NMAC, Construction Permits. This preconstruction regulation also applies to minor modification ofmajor sources emitting a NAAQS pollutant. /d. EPA has previously approved these provisions into the NewMexico SIP, 69 Fed. Reg. 78,312-78,315 (Dec. 30, 2004), and is currently reviewing certain revisions that Albuquerque-Bernalillo County has adopted to 20.11.41 NMAC.

Contributions to nonattainment; interference with maintenance, per 

### § 11O(a)(2)(D)(i}(l): AlbuquerqueBernalillo County has sufficient control measures in place to ensure that sources emitting sulfur dioxide do not interfere with another state's maintenance ofthe 2010 802NAAQS or contributeto a state's nonattainment ofthat NAAQS. See the otherportions ofthis iSIP for descriptions ofAlbuquerqueBernalillo'scontrol measures along with related legal authority and programs. AQP has determined that this infrastructure will be sufficientto avoid negatively impacting NAAQS attainment and maintenance in other states in view ofthe following factors. I) The relative scarcity of majorS02sources inAlbuquerque-Bernalillo County. AlbuquerqueBernalillo County has only two major 802 sources. One is the Albuquerque Southside Water Reclamation Plant (WaterReclamation Plant), operated by the Albuquerque Bernalillo County Water Utility Authority. The other is the Tijeras Plant, a cement production facility operated by the GCC Rio Grande Portland Cement Corp, Inc. (Tijeras Plant). 2) The minimal amount of emissions from those sources. The Tijeras Plant is permitted to emit 1,417.8 tons per yearofoxides ofsulfur. According to data available to AQP, this facility's reported actual emissions averaged only 20.66 tons ofS02peryear from 2011 to 2013. Reported emissions were · 16.52 tons in 2011 20.84 for 201 and 24.63 for 2013. 12

12 2012 and 2013 emissions data for the Tijeras Plant are from the State and Local Emissions Inventory System (SLEIS). 2011 emissions data from this source is preliminary. The 2011 emissions amount, 16.52 tpy, is a preliminary calculation that has been reported by the source but not yet entered into SLEIS. This situation arose because the source originally over-reported its 2011 emissions. AQP has been working with the source to correctthe error and enter a final, verified amount for actual emissions into SLEIS.

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP Page 10 of20The Water Reclamation Plant is permittedto emit 123.4 tons peryear ofS02• According to data available to AQP, this facility's reported actual emissions averaged only 58.66 tons ofS02 peryear from 2011 to 2013. Reported emissions were approximately 7.3 tpy in 2011, 75.23 tpy in 2012, and 93.46 tpy in 2013. 13 In Bernalillo County as a whole, monitoring ofambient air quality indicates that the design value for

## so2 in parts per billion was 4.6 parts per billion (ppb) for the period 2011 to 2013

-- i.e. less than 10% ofthe 75 ppb 20I0 S02NAAQS. Albuquerque Environmental Health Department, Air Quality Program, Ambient Air Monitoring Section, 2014 Annual Network Review for Ambient Air Monitoring (submitted to EPA July 10, 2014; EPA approval received February 3, 2015). 3) The relatively large geographic distance between those sources andotherstates. Given the small overall level ofS02emissions from Bernalillo County, AQP has determined that these emissions will be widely dispersed overthe large geographic distance between their sources and the borders of neighboring states. The approximate distance from Bernalillo County's border to the border of neighboring states, in a straight line, is as follows: 125 miles to Arizona; 120 miles to Colorado; 190 miles to Texas. Interference with prevention ofsignificant deterioration: As noted above in Element C ofthis iSIP, Albuquerque-Bernalillo County has a comprehensive EPA-approved PSD program and has submitted necessary proposed revisionsto EPA. Thus, the PSD program includes measures to prevent interference with PSD measures in other states. Interference with protection ofvisibility: With respect to the visibility element of§ 110 (a)(2)(D)(iXII), Albuquerque-Bernalillo County has a regional haze program in placethat fully meets the requirements of 40 CFR § 51.309 and has been approved by EPA into the New Mexico SIP. 77 Fed. Reg. 71,119 (Nov. 29, 2012). 

### In its approval action, EPA found that the regional haze SIP element and its associated rules "meetthe requirements ofthe (CAA] and comply with the provisions of40 CFR 

### § 51.309, thereby meeting requirements for reasonable progress for the 16 Class I areas covered by the Grand Canyon Visibility Transport Commission Report for approval ofthe plan through 2018."

### ld EPA's approval of Albuquerque-Bernalillo County's regional haze SIP element (as well as regional haze SIP provisions for the states ofNew Mexico, Wyoming and Utah), was recently upheld by the Tenth Circuit. WildEarth Guardians v. EPA, 770 F.3d 9I9 (lOth Cir. 2014). Byhavingthis EPA-approved regional haze SIP element in place, Albuquerque-Bernalillo County meets the requirements of§ II0 (aX2XDXi)(II), prohibiting interference with protection ofvisibility in other states. Albuquerque Bernalillo County regulations implementingthe Regional Haze SIP are codified at 20.11.5 NMAC, Visible Air Contaminants; 20.11.20 NMAC, Fugitive Dust Control; 20.11.21 NMAC, Open Burning; 20.11.22 NMAC, WoodBurning; 20.11.46 NMAC, SulfurDioxide Emissions Inventory Requirements: Western BackstopSulfur Dioxide Trading Program; 20.11.65 NMAC, Volatile Organic Compounds; 20.11.66 NMAC, Process Equipment; 20.11.67 NMAC, Equipment, Emissions, Limitations; 20.11.71 NMAC, Municipal Solid Waste Landfills; 20.11.100 NMAC, Motor Vehicle Inspection

- Decentralized; 20.l 1.102 NMAC, OxygenatedFuels; 20.11.103 NMAC, Motor Vehicle Visible Emissions; and 20.11.104 NMAC, Emission Standards forNew Motor Vehicles. EPA approval ofthe Regional Haze SIP followed previous regional haze SIP submissions by Albuquerque-Bernalillo County on December 26, 2003 and September 10, 2008. See 77 Fed. Reg. 24,768 (Apr. 25, 2012) (proposing approval ofAlbuquerque Bernalillo County regional haze SIP and describing history ofregional haze rule and related earlier SIP submissions by Albuquerque-Bernalillo County).

13 Emissions data are from SLEIS.

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP Page 11 of20Compliance regarding interstate pollution abatement: As described above in this Element ofthe iSIP and in Element C, Albuquerque Bernalillo County has submitted proposed PSD revisions for EPA review. If EPA should approve these revisions, the result would be, when combined with earlier EPA approvals of PSD provisions, a fully EPA approved PSD permitting program., Thus, the PSD program would include provisions that satisfy the interstate pollution abatements ofthe CAA, § 126(a), and are consistent with 40 CFR § 51.166(q)(2)(iv), requiring notification ofother air agencies whosejurisdictions may be affected by emissions from an outside source. The regulation requiring such notice is codified at 21.11.61.21(C)(4) NMAC. Regarding CAA, § 126(b) and (c), no sources within Albuquerque-Bernalillo County are subjectto an active finding underthese provisions with respect to S02

. Ifsuch findings should occur in the future, AQP will consult with EPA Region VI. Compliance regarding international air pollution: Regarding CAA, § 115, no sources within Albuquerque-Bernalillo County are subject to an active finding under Section 115 with respect to S02

.

Organization responsible for the SIP: The Air Act and Ordinances serve as the legal basis for establishing the Air Board and the Environmental Health Department as the responsible authorities for implementing federal air quality standards in Albuquerque Bernalillo County. NMSA 1978 § 74-2-5 and 5.1; ROA §§ 9-5-1-4 and -5; Bernalillo County Ord. 94-5 §§ 4 and 5. The AirAct and Ordinances also serve as the legal basis for establishing AQP as the air pollution control agency for Albuquerque-Bernalillo County, for this purpose empowering AQP to carry out a variety offunctions including monitoring, compliance, enforcement, and developing and presenting proposed plans and rules to the Air Board for adoption and promulgation. NMSA 1978 § 74-2-5.1; ROA § 9-5-1-5; Bernalillo County Ord. 94-5 § 5. Forpurposes of these provisions, the Air Board and AQP are the sole organizations that participate in developing, implementing, and enforcingthe EPA-approved SIP provisions related to the 2010 S02NAAQS. Resources (i.e. personnel & funding) available to carry out the SIP: As ofthe date ofthis iSIP submission, the Air Board and AQP have adequate funding and personnel to carry out the functions described in this document addressing the 2010 S02 NAAQS. Funding and personnel for activities related to the 2010 S02 NAAQS will be provided through permit fees, general funds from the City ofAlbuquerque, and funds provided under the CAA, §§ 103 and 105 grant process. AQP expects these sources to provide adequate funding for the five years following this iSIPsubmission. AQP does not anticipate the need for additional resources to implement the plan for the 2010 S02NAAQS, beyond those which have been utilized for the preparation ofthe plan, for SIP revisions submitted to EPA, and for other current programmatic demands. Should EPA determine that AQP lacks adequate personnel to carry out the SIP, EPA may issue a finding with respect to that deficiency, which AQP would have a legal obligation to correct. Authority to carry out the SIP: The Air Board and AQP have adequate authority under statutes, ordinances, and regulations to carry out SIP obligations with respect to the 2010 S02NAAQS. The Air Act and Ordinances authorize the Air Board to adopt plans, emission standards and rules and to modify, reverse or sustain ermits issued b A P. NMSA 74-2-5 and -7. In addition, the AQP has authori Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP Page 12 of20under the Air Act and Ordinances to issue pennits under the Air Board's regulations and to enforce applicable laws, regulations, standards, and compliance schedules, and seek injunctive relief. NMSA 1978 §§ 74-2-5.1 -7,-12, -12.1; ROA §§ 9-5-1-5, -7, and 98 and 99; Bernalillo County Ord. 94-5 §§ 5, 7 and 13 and 14. This legal framework empowers AQP to carry out administrative assessments, inspections, issuance ofpenalties for permit violations, and appropriate litigation./d. To act underthe foregoing legal provisions, AQP has full authority under state law, and city and county ordinancesto carry out all SIP obligations relating to the 2010 S02• NAAQS. ROA §§ 9-5-1-1 to -99; and Bernalillo County Ord. 94-5 §§ 1to -20.

To comply with the provisions ofCAA Section 128 regarding state and local board composition and conflicts ofinterests, the CityofAlbuquerque and Bernalillo County have implemented a number of ordinances and policies. EPA has previously approved these measures into the New Mexico SIP. 64 Fed. Reg. 29,235 (July I, 1999). In the years following EPA's approval, the ordinances and policies have been revised. Accordingly, Albuquerque-Bernalillo County has submitted to EPA proposed revisions tothe New Mexico SIP to account for changes in the local ordinances and policies. These proposed SIP revisions are intended to comply with the state and local board requirements ofCAA Section 128. 14
These proposed SIP revisions will, ifapproved by EPA, incorporate the following ordinances, other laws, and policies intothe New Mexico SIP:

• ROA §§ 2-6-1-1 to 2-6-1-5 ("Public Boards, Commissions, and Committees"); 3-3-1 to 3-3-13 ("Conflict ofInterest"); 9-5-1-1 to 9-5-l-99 ("Joint Air Quality Control Board Ordinance") 9-5-6- 1 to 9-5-6-3 ("Metropolitan Environmental Health Advisory Board");

• CityofAlbuquerque, NM, Charter, Article XII, Section 4 ("Conflict oflnterest");

• City ofAlbuquerque, City Code ofConduct, 300 ("Conditions ofEmployment"); 301 ("Code of Conduct") (from City ofAlbuquerque Personnel Rules and Policies);

• Bernalillo County, NM Ordinances §§ 2-126 to 2-136 ("Code ofConduct"); 30-31 to 30-47 ("Joint Air QualityControl Board"); 42-36 to 42-39 ("Metropolitan Environmental Health Advisory Board") NMSA 1978 § 74-2-4 provides that the Air Board be comprised ofat least a majority ofmembers who representthe public interest and do not derive any significant portion oftheir income from persons subject to orwho appear before the Board on issues related tothe CAA or Air Act. Additionally, Air Board members are required to recuse themselves from rulemakings where their impartiality may reasonably be questioned or ifthe Air Board member: (1) has a personal bias or prejudice concerning a party; (2) is related to a party within a third degree ofrelationship, (3) is an officer, director ortrustee ofa party orinterested participant in the proceeding; or(4) has a financial interest in the proceeding or has any otherconflict. 20.11.82.14 NMAC.

14 Letter from Ryan Flynn, New Mexico Environment Secretary, to Ron Curry, EPA Region 6 Administrator (July 26, 2013).

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP Page JJ of20Air Board members are also required to recuse themselves from adjudicatory proceedings, such as permit reviews where the Air Board member: (1) has a personal bias or prejudice concerning a party orthe outcome ofthe proceeding; (2) has personal knowledge ofdisputed facts concerning the proceeding; (3) is related to a party within the third degree ofrelationship; (4) is an officer, director ortrustee ofa party or interested participant in the proceeding; (5) has a financial interest in the proceeding or facility that is the subject ofthe proceeding or has any other conflict ofinterest; (6) or has performed prosecutorial or investigatory functions in connection with a permitting action at issue in the proceeding. 20.11.81.12(B)(3)(a).

Pursuant to NMSA 1978, § 74-2-4, local authority to implement the New Mexico Air Quality Control Act has been established for Albuquerque-Bernalillo County, through the adoption ofthesejurisdictions' respective Joint Air Quality Control Board Ordinances which created the Air Board and authorize local administration by the City ofAlbuquerque Department ofEnvironmental Health. ROA §§ 9-5-1-1 to -99; and Bernalillo County Ord. 94-5, §§ 1to -20. The New Mexico Environment Department and the state Environmental Improvement Board retainjurisdiction and control for administration ofthe Air Quality Control Act with respect to any failure to act by a local authority. NMSA 1978 § 74-2-4(D).

Source monitoring: The state AirAct provides that regulations adopted by the Air Board may "require any person emitting any air contaminant" to conduct monitoring ofsuch emissions, install equipment appropriate for such monitoring, use monitoring methods prescribed by the Air Board, maintain related records, and submit reports regarding the emissions. NMSA § 74-2-5(C)(6). Consistent with 40 CFR § 51.212, Albuquerque-Bema!illo County regulations provide that stationary sources may be subject to periodic inspection and emissions testing. 20.11.41.22 NMAC (inspection and testing related to construction permits); 20.11.42.12 NMAC (inspection and testing related to operating permits); 20.11.49.15 NMAC (inspection and testing related to excess emissions); 20.11.60.27 NMAC (testing and inspection related to permitting in nonattainment areas); 20.11.61.12 to 20.11.61.20 NMAC (testing and prevention related to permitting for prevention ofsignificant deterioration); and 20.11.90 NMAC, Source Surveillance: Administration andEnforcement. These source monitoring requirements authorize AQP to identify allowable test methods which a source must use. The requirements do not contain any provision that would prevent the use ofany credible evidence. Source reporting: Consistent with 40 CFR §§ 51.211, 51.321 to 51.323, and 40 CFRpart 51, subpart A, Albuquerque-Bernalillo County provides that stationary sources may be required to periodically report emissions and emissions-related data. These provisions are contained in the NMAC regulations cited in the ara a h above. 

### In addition, stationa sources rna be re uired to maintain andre ort emissions

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP Page 14 of20inventories accordingto a prescribed schedule, in a format established by AQP. 20.11.47 NMAC, Emission Inventory Requirements. Tofacilitate gathering and reporting ofemissions databy sources, Albuquerque-Bernalillo County establishes specific requirements for maintaining records and reporting emissions, including provisions relatingto content ofrecords and AQP inspections. 20.11.90 NMAC, Source Surveillance: Administration andEnforcement. AQP is current with its submittals totheNational Emissions Inventory (NEI) database; the 2013 data for larger sources was submitted to EPA on December 30,2014. Correlation ofsource reports with emissions limitations and standards: Pursuant to the NMAC provisions cited above and consistent with 40 CFR 

### § 51.116, AQP is able to use emissions data gathered and reported by sourcesto analyze "the relationship between measured or estimated amounts ofemissions and the amounts ofsuch emissions allowable under the applicable emission limitations or sources." 40 CFR 

### § 51.116(c). See also 20.11.90.13(C) NMAC ("Emission data obtained by the director shall be correlated with applicable emission limitations and othercontrol measures ..."). By means ofsuch correlation, AQP is able to track progress toward maintaining the NAAQS, develop control and maintenance strategies, identify sources and general emission levels, and determine compliance with state and EPA requirements. Availability ofemission reports by sources: Emission data obtained underthe above-cited provisions are made available to the public during normal business hours. 20.11.90.13(C) NMAC.

Authority to respond to emergency episode: The Air Act and Ordinances provide AQP with authority to address air quality emergencies. Upon a finding that any owner/operator ofa source orcombination ofair emission sources presents an imminent and substantial endangermentto the public health orwelfare or the environment, the Director ofthe Environmental Health Department may bring a civil suit seekingto restrain the source ofthe air contaminants. NMSA 1978 

### § 74-2-1O(A); ROA 

### § 9-5-1-1O(A); Bernalillo County Ord. 94-5 

### § IO(A). Ifsuch a civil suit is not a practicable means ofpromptly protecting public health or welfare or the environment, the Director may issue orders necessary for such protection on a temporary basis, pending litigation and court-ordered action. NMSA 1978 

### § 74-2-10(B); ROA § 9-5-1- IO(B); Bernalillo County Ord. 94-5 

### § lO(B). Contingency plan to implement emergency episode authority: The Director ofthe Environmental Health Department formulates and administers an emergency action plan approved by the Air Board to address source emissions that cause pollutant concentrationstoreach levels constituting an imminent and substantial endangermentto the health ofpersons. 20.11.6 NMAC, EmergencyAction Plan. Consistent with 40 CFR 

### § 51, Subpart H, Prevention of AirPollution Emergency Episodes, the Air Board has adopted theAirPollution Episode ContingencyPlanforBernalillo County that covers air pollution episodes andthe occurrence ofan emergency due to the effects ofthe pollutants on the health ofpersons. 56 Fed. Reg. 38,074 (Aug. 21, 1991); 40 CFR § 52.1639. §**llO(i)(l)~**

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP PagelSof20SIP revision to account for NAAQS revisions: the Air Board has the authority to adopt new regulations and to amend orrepeal regulations in orderto attain and maintain the NAAQS and prevent or abate air pollution throughout Bernalillo County. NMSA 1978 § 74-2-5; ROA § 9-5-1-4; Bernalillo County Ord. 94-5 

### § 4. To assist the Board with all NAAQS revisions, AQP has authority to develop and presentto the Board a plan for the regulation, control, prevention or abatement ofair pollution. NMSA 1978 

### § 74-2- 5.

### t(H); ROA 

### § 9-5-1-5(1); Bernalillo County Ord. 94-5 § 5(I). Because these provisions allow for changes as necessary to local air quality regulations and programs, they providethe legal basis for the Air Board and AQP to submit proposed SIP revisions for EPA review in orderto accommodate EPA revisions ofa NAAQS. Nothing in New Mexico's statutory orregulatory authority prohibits Albuquerque-Bernalillo County from revising regulations and programs for submission as proposed SIP revisions in the event ofa revision to the NAAQS. SIP revision to account for EPA finding ofinadequacy: the above cited provisions also provide the legal basis for the AirBoard and AQP to submit proposed revisions ofthe SIP for EPA review in the event the EPA Administrator finds the SIP to be substantially inadequate to attain the NAAQS or otherwise meet all applicable CAA requirements.

CAA 

### §110 (a)(2)(I) is not being addressed in this infrastructure SIP submittaL According to EPA's interpretation ofthe CAA, this element does not need to be addressed in the context ofan infrastructure SIP submission. U.S. Environmental Protection Agency, "Guidance on Infrastructure State Implementation Plan Elements under Clean Air Act Sections 11O(a)( 1) and 11O(a)(2)," September 2013, p.51, available at http://www.epa.gov/air/urbanair/sipstatus/infrastructure.html.

Consultation with identified officials on certain actions: Section 121 ofthe CAA requires a SIP to provide for consultation with local political subdivisions and with federal land managers regarding adoption of certain SIP elements affecting those entities. Albuquerque-Bernalillo County meets this requirement because all SIP revisions undergo public notice and hearing, which provides for comment by the interested members ofthe public, including local political subdivisions and federal land managers affected by a SIP revision. In particular, the AirAct provides that, "no regulations oremission control requirement shall be adopted until after a public hearing by

...the local board" and that, "atthe hearing

.

. . the local board shall allow all interested persons reasonable opportunity to submit data, views, or arguments orally or in writing and to examine witnesses testifying atthe hearing." NMSA 1978, 

### § 74-2- 6(B) and (D); see also ROA § 9-5-l-6(B) and (D); Bernalillo County Ord. 94-5 § 6(B) and (D). To implement these consultation requirements, the Air Board has adopted several regulations establishing a process for consultation with local political subdivisions and federal land managers. One such regulation, governing the rule making process, provides notice ofSIP revisions to affected persons and organizations and affords them an opportunity to participate in the revision process. 20.11.82 NMAC, RulemakingProcedures --AirQuality ControlBoard. Other such regulations are those programs implementingpermitting in nonattainment areas and for Prevention ofSignificant Deterioration, which

rovide for ublic artici ation and notification ofaffected ersons. 20.11.60.23 NMAC, (re uirin

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP Page 16 of20

### consultation with federal land manager on major source permits in nonattainment areas that affect visibility in federal Class Iareas); 20.11.60.26 NMAC (providing for public participation and notification on major source permits in nonattainment areas, including consultation with federal land managers); 20.11.61.21 and 20.11.61.24 NMAC (providing for public participation and notification on major source permits subjectto prevention ofsignificantdeterioration requirements, including federal land managers). Additionally, public participation and notification provisions are incorporated in regulations governing adjudicatory decisions by the Air Board: 20.11.81.14(0) and 20.11.81.14(1) NMAC (providing specific procedural requirements for public notification and hearing). Further public participation and notification provisions apply regarding issuance ofconstruction permits, 20.11.41.14, 20.11.41.15, and 20.11.41.16 NMAC (providing for public participation and notification at various stages ofthe construction permitting process). Collectively, the foregoing provisions ensurethat there will be an established process for consultation with local political subdivisions and federal land managers, as well as persons affected by the actions specified in CAA § 

### 121. In addition to the above consultation requirements, Albuquerque Bernalillo County's SIP-approved Transportation Conformity and General Conformity rules require that interagency consultation and opportunity for public involvement be provided before making transportation conformity determinations and before proposing for EPA review applicable SIP revisions on transportation related SIP elements. 20.11.3.105, 20.11.3.112, and 20.11.4 NMAC. Consistent with 40 CFR §

### 51, subpart M, the Air Act, Ordinances and regulations identify the AirBoard and AQP as the organizations responsible for developing, implementing. and enforcing the SIP. NMSA §§ 

### 74-2-5 to 74-2-14; ROA §§ 

### 9-5-1-4 and -5; Bernalillo CountyOrd. 94-5 §§ 

### 4 and 5; 20.11.1 through 20.11.104 NMAC. These legal authorities also describe particularresponsibilities ofthe Air Board and AQP in carrying outthese functions, including enacting regulations, issuing and modifying permits, modeling air dispersion patterns, monitoring ambient air quality, conducting inspections and compliance testing. undertaking enforcement actions, and providing for participation in the regulatory process. In addition, regulations identify local and federal government entities that are consulted in SIP revisions related to transportation conformity and general conformity determinations in federally mandated transportation planning. 20.11.3 and 20.11.4 NMAC. Public notification: Consistent with CAA, Section 127, and 40 CFR § 

### 51.285, AQP makes available to the public information on instances or areas in which the measured value ofregulated pollutants exceeds the values set forth in the NAAQS. AQP makes airquality data from Albuquerque-Bernalillo County's monitoring network available via EPA's Air Quality System Data Martwebsite at http://www.epa.gov/airdata. Additionally, as required by grants under CAA Section 105,AlbuquerqueBernalillo County must submit monitoring datato EPA's Air Quality System (AQS) within 90 days after the end ofaquarter. AQP's website provides information to the public on currentair quality conditions in AQP'sjurisdiction, using the EPA's color-coded Air Quality Index (AQI) to show currentconcentrations ofcriteria pollutants. This AQI information appears at http://www.cabq.gov/airquality/todays-status/airquality-index. The AQI information covers health effects potentially associated with varying levels of specific pollutants. By this means, AQP advises the public ofpotential health hazards associated with measured values for sulfurdioxide and otherNAAQS pollutants that may attimes exceed the concentrations specified in the NAAQS. AQP's website also provides links to additional EPA web-based information tools on criteriapollutant emission sources, past air quality data trends, and forecasts offuture air quality conditions. These EPA resources, including, for example, AIRNow, AirData, and AirCompare, are linked at http://www.cabg.gov/airquality/download-air-data. By linkingto these EPA resources, AQP further advises the public about criteria pollutants, local air quality conditions and the potential health hazards thatrna arise from such conditions. Albuquerque-Bernalillo County SulfurDioxide Infrastructure SIP Page 17 of20

### In addition to the above measures, AQP and the Air Board promote public awareness ofmeasures that can prevent instances in which measured values ofcriteriapollutants exceed values specified in the NAAQS. Promotion ofsuch awareness occurs by offering specific information on how the public can participate in regulatory and other efforts to improve air quality. In particular, AQP and the Air Board follow specific procedures, mandated by regulations, to inform the public of: (1) 

### procedures for members ofthepublic to petition the Air Board for a rulemaking proceeding, 20.11.82.18 NMAC, 

### RulemakingProcedures--Air Quality ControlBoard(providing that "any person" may petition the Air Board for rulemaking); (2) time and place ofupcoming rulemaking proceedings, 20.11.82.19 NMAC; (3) procedures for members ofthe public to participate in rulemakings, 20.11.82.19 NMAC; (4) procedures for members ofthe public to participate in the permitting process, 20.11.41.14 to 20.11.41.16 NMAC (public participation in construction permits); 20.1 1 .42.13 NMAC (public participation in operating permits); 20.11.60.26 NMAC (public participation in permitting in nonattainment areas); 20.11.61.21 NMAC (public participation in permitting for prevention ofsignificant deterioration); and 20.11.81 NMAC,

### Adjudicatory Procedures

--Air Quality ControlBoard. The foregoing regulations require that notices ofproceedings be published by particularmethods (e.g. in a newspaper ofgeneral circulation), thus providing interested members ofthe public an opportunity to be heard during rulemaking and permitting. AQP and the Air Board further promote the above forms ofpublic participation by providing links on the AQP website to important information about such participation. This web-based information includes: the content ofrelevant regulations; notices ofproceedings; Air Board and AQP contact information; description ofthe process for filing air quality complaints; descriptions ofpermitting and compliance programs; information on environmentaljustice issues; and access to full text documents on completed, ongoing or upcoming regulatory proceedings, such as petitions, notices ofintent, public comments, and

. public review drafts ofproposed regulations. The foregoing information is available through the AQP website at [lttp://www.cabq.govjairqualliy (see especially**hnpi/~~'::~~.l<!!P<t,govl(!.jrq\!f!Jitylj)lthl~::. Ln.v9Jy_gm~!J1~!n~~rn.'_iron_mental-programs**  

### and**http:/f!':'!Y~Y&~I;Jq,g_qy[!liffi!l~liJJI~ir::.q~mlity-~on!mJ:IJ_o** 

### .... 

### m:!!). Prevention ofsignificant deterioration: EPA has stated thatthe requirements for this sub-element ofan iSIP are the same as the requirements to satisfy Element C ofan iSIP, which mustcomply with CAA § 

### 110(a)(2)(C). U.S. Environmental Protection Agency, "Guidance on Infrastructure State Implementation Plan Elements under Clean Air Act Sections 11O(a)(l) and 11O(a)(2) (Sept. 2013), available at**bttp:il~W':'!~&Pl!..&Q.Y@i!:lurJJan..air/sipstatus/jJ'!fm~trusture.l}tmJ.** 

### Accordingly, please referto the discussion ofAlbuquerque-Bernalillo County's PSD program in Elements Cofthis iSIP for adescription ofhow the Albuquerque Bernalillo County PSD program satisfies iSIP requirements. Additional discussion ofPSD programs appears in ElementD. Visibility protection: EPA has stated that state and local air agencies do not need to address this subelement in an iSIP submittal, because aNAAQS revision does not change visibility requirements or impose new visibility protection requirements. Therefore, this iSIP submittal does not address the visibility sub-element. U.S. Environmental Protection Agency, "Guidance on Infrastructure State Implementation Plan Elements under Clean Air Act Sections llO(a)(l) and 1IO(a)(2)," (Sept. 2013), available at http :I**1\v-.y\v,~_pa.**

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Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP Page 18 of20Authority to conduct air quality modeling: The Air Act and Ordinances authorize to and make investigations and studies" consistent with the Act. NMSA 1978, § 74- 2-5.1(A); ROA 

### § 9-5- 1-S(B); andBernalillo County Ord. 94-5 

### § 5(B). These legal provisions provide AQP with necessary authority to develop airquality assessments and conduct modeling to predictthe effecton ambient air quality ofany emissions ofany airpollutant for which a NAAQS has been promulgated. AQP follows EPA guidelines for air dispersion modeling. 40 CFR, Part 51, Appendix W. AQPutilizes air quality modeling orrequires sources to conduct such modeling under the following regulations: 20.11.3.105 NMAC (forconsultation in the local transportation conformity process); 20.11.4.159 NMAC (for consultation in determining transportation conformity offederal actions); 20.11.41.13 NMAC (for inclusion in construction permit applications); 20.11.42.12 NMAC (for inclusion in operating permit applications); 20.11.60.25 NMAC (forpermitting in nonattainment areas); 20.11.61.17 NMAC (to prevent significant deterioration ofair quality in attainment areas). Authority to grovide modeling data to EPA: AQP has authority to provide modeling datato EPA upon request and will do so when AQP receives such a request. This authority derives from provisions in the AirAct and Ordinancesthat require AQP to present "aplan for the regulation, control, prevention or abatement ofair pollution"to the AirBoard. NMSA 1978 

### § 74-2-5.1(H); ROA § 9-5-1-5(1); Bernalillo County Ord. 94-5 

### § 5(1). The AirBoard, in tum, approves regulations implementingthe airpollution control plan, consistent with standards in the CAA and the New Mexico Air Act. NMSA § 74-2-5; ROA 

### § 9-5-1-4; Bernalillo County Ord. 94-5 

### § 4. These legal provisions require and authorize development and adoption ofplansto attain and maintain the NAAQS --including generation ofmodeling datato be provided to EPA. AQP shares modeling data upon request with EPAto assure thatAlbuquerque Bernalillo County's EPA-approved portion ofthe New Mexico SIP functions asthe above referenced laws intend.

The Air Board has approved regulations providingfor fees to cover reasonable costs ofreviewing and acting upon permit applications, as well as implementing the terms and conditions ofa permit underthe CAA and the NewMexico Air Quality Control Act. See 20.11.2 NMAC (on airquality related fees in general); 20.11.7.12 NMAC (fees for petitions for variances); collectively 20.11.13 NMAC; 20.11.14 NMAC; 20.11.17 NMAC and 20.11.22 NMAC (fees related to fugitive dustcontrol); 20.11.40.13 NMAC and 20.11.40.14 NMAC (fees for source registrations); 20.11.41.12 NMAC; 20.11.41.13 NMAC; 20.11.41.16 NMAC; 20.11.41.23 NMAC; 20.11.41.32 NMAC (construction permit fees); 20.11.42.12 NMAC and 20.11.42.13 NMAC (operating permit fees); 20.11.81.8 NMAC and 20.11.81.14 NMAC (fees for adjudicatory proceedings); 20.11.100.20 NMAC; 20.11.100.23 NMAC; 20.11.100.24 NMAC; 20.11.100.29 NMAC; 20.11.100.33 NMAC; 20.11.100.35 NMAC; 20.11.100.35 NMAC; 20.11.101.18 NMAC; 20.11.101.28 NMAC; 20.11.104.111 NMAC (fees for motor vehicle standards and inspections).

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP Page 19 oflOThe Air Quality Control Act and implementing regulations provide for consultation with local political subdivisions affected by the Albuquerque"Bemalillo County elements ofthe New Mexico SIP. For a detailed description ofthese provisions, please see the information in element 

### J, above, ofthis iSIP.

Albuquerque"Bemalillo County Sulfur Dioxide Infrastructure SIP Page 20 of20

### ALBUQUERQUE- BERNALILLO COUNTY AIR QUALITY CONTROL BOARD

2 

### RESOLUTION #2015-1

3 

### ADOPTING A STATE IMPLEMENTATION PLAN (SIP) FOR SULUR DIOXIDE (S01) TO 4 

### ADDRESS SECTIONS 110(a)(1) 

### AND (2) 

### OF THE FEDERAL CLEAN AIR ACT (CAA), 42 5 

### U.S.C. 

### § 7410(a)(1) 

### AND (2) HEREAFTER REFERRED TO AS THE "S01 6 

### INFRASTRUCTURE SIP" 7 8 

### Whereas, the NewMexico Air Quality Control Act ("Air Act"), NMSA 74-2-5, requires the

9 

### Albuquerque

- Bernalillo County Air Quality Control Board ("Air Board"), to "adopt, promulgate,

10 

### publish, amend andrepeal regulations consistent withthe Air Quality Control Actto attain and

11 

### maintain national ambient air quality standards and prevent or abate air pollution, including regulations

12 

### prescribing air standards" within Albuquerque and Bernalillo County, and to meet requirements ofthe

13 

### Federal Clean Air Act (CAA), the City ofAlbuquerque and Bernalillo County Joint Air Quality

14 

### Control Board Ordinances, and the Air Board Regulations; and

15 

### Whereas, adoption ofan Infrastructure SIP is required by the United States Environmental

16 

### Protection Agency (EPA) under the CAA, Section 11O(a)(1) and (2), which requires submission ofan
17 

### Infrastructure SIP within three years ofpromulgation or revision ofa National Ambient Air Quality

18 

### Standard (NAAQS); and

19 

### Whereas, EPA promulgated a revised primary NAAQS for S02onJune 22, 2010; and

20 

### Whereas, onApril30, 2015, the Air Boardheld a public hearing in the Vincent E. Griego

21 

### Chambers, onthe basement level ofthe Albuquerque- Bernalillo County Government Center, One

22 

### Civic PlazaNW, in Albuquerque, NewMexico, and the hearing was held consistent with the notice

23 

### requirements ofthe Air Act, and 20.11.82 NMAC, 

### RulemakingProcedures- Air Quality Control

24 

### Board;and

25 

### Whereas, on April30, 2015, the AirBoard met and determined that the S02 Infrastructure SIP

26 

### should be adopted and submitted to the EPA as a revision to the NewMexico State Implementation

### Plan (SIP) for air quality; and

2 

### Whereas, at the April 30, 2015 public hearing, testimony was presented to establish a present
3 

### need, or a reasonably anticipated future need, which exists to warrant taking the following actions to

4 

### help prevent or abate air pollution;

5

6 

### NOW, THEREFORE BE ITRESOLVED BY THE BOARD THAT:

7 

### I. 

### The S02Infrastructure SIP as proposed in AQP Exhibit I, as amended by "StaffsProposed

8 

### Floor Amendments" shown as AQP Exhibit 9, both ofwhich were admitted at the April30, 2015

9 

### hearing, is hereby adopted;

10 

### 2. The Board hereby directs staffto take all actions necessary to submit the S02 Infrastructure

II 

### SIP as amended, to EPA as a revision to theNew Mexico SIP.

12 

### [WITH THE FOLLOWING CHANGES:]

13

14
15

16

17

18

19 20

21 22

23 24 25 

### PASSED AND ADOPTED THIS 30th DAY APRIL, 2015 BY A

## V~E OF

## _k_FOR,~ 

# Q AGAINST. Absent:

_ Abstained:

_

2

# ~~,Chair dkM.-

# CJv-)~_g/~tL 4 

### Albuquerque-Bernalillo County Air Quality Control Board 5 6 

### Attest: 7 8 9 10 

### ieto, Secretary to the Air Quality Control Board

3

# Attachment B Attachment B contains copies of the following: Notice of Intent to Present Technical Testimony, with supporting exhibits, filed April 14, 2015, regarding Air Board hearing on proposed SO2 Infrastructure SIP. 

# Attachment B is in the attachment to this Regulations.gov document.

# Attachment C Attachment C contains copies of the following. Hearing record transcripts for April 30, 2015 hearing of the Air Board.

### 201 Third St. NW, Ste. 1630, Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 Page 1 

## ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD In the Matter of the Petition to adopt a State Implementation Plan (SIP) for Sulfur Dioxide SO2 to address Sections 110(a)(1) and (2) or the Federal Clean Air Act (CAA), 42 U.S.C. Section 7410(a)(1) and (2)hereafter referred to as the "SO2 Infrastructure SIP" (AQCB Petition No. 2015-1)

HEARING Before Hearing Officer Felicia Orth April 30, 2015 5:56 p.m. Vincent E. Griego Chambers Albuquerque-Bernalillo County Government Center One Civic Plaza, NW Albuquerque, New Mexico Board Members Present: Jane Cudney-Black, Vice Chair Augustine Grace Jens Deichmann Donna Upson Deborah L. Stover Lenton Malry James Peck REPORTED BY: Deborah L. O'Connor, RPR, CRR New Mexico CCR No. 297 Bean & Associates, Inc. Professional Court Reporting Service 201 Third Street, NW, Suite 1630 Albuquerque, New Mexico 87102 (2567L) DEB

### 201 Third St. NW, Ste. 1630, Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 Page 2

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# HEARING OFFICER ORTH: Good evening. My 2 

# name is Felicia Orth, appointed by the Board to 3 

# conduct hearings. We have two hearings this 4 

# evening. We will start with AQCB Petition No. 5 

# 2015-1, a petition to adopt a state implementation 6 

# plan or SIP for SO2 to address Sections 110(a)(1) 7 

# and (2) of the Federal Clean Air Act. 8 

# We have just one notice of intent to 9 

# present technical testimony, so that will be the 10 

# only technical testimony we will hear tonight. And 11 

# we'll invite questions of the technical presenter 12 

# when he is finished, and we'll also invite 13 

# nontechnical public comment following that 14 

# presentation. 15 

# The hearing will be conducted 16 

# pursuant to Section 20.11.82. Testimony is taken 17 

# under oath subject to cross-examination, and the 18 

# Board may make a decision on the petition following 19 

# the close of the hearing, if we do close the record. 20 

# The hearing is being recorded and 21 

# transcribed. Please see the court reporter for a -- 22 

# to purchase a copy of the transcript. It also 23 

# becomes a part of the public record. So Mr. Merta. 24 25

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# ED MERTA, 2 

# having been first duly sworn, testified as follows: 3 

# MR. MERTA: I should point out, I have 4 

# three colleagues with me, who will also be able to 5 

# answer the board's questions. 6 

# Good evening, Madam Chair, Madam 7 

# Hearing Officer, Members of the Board. My name is 8 

# Ed Merta. I'm the Air Quality Regulation 9 

# Development Coordinator with the City of 10 

# Albuquerque, Environmental Health Department, Air 11 

# Quality Program. I'd like to begin first by asking 12 

# that the notice of intent containing my full written 13 

# testimony and exhibits be adopted while I'm under 14 

# oath and admitted into the record. 15 

# HEARING OFFICER ORTH: It is so admitted. 16 

# Thank you. 17 

# MR. MERTA: So what is an infrastructure 18 

# state implementation plan or SIP? It is a plan 19 

# showing how Albuquerque and Bernalillo County will 20 

# meet a national ambient air quality standard or 21 

# NAAQS, issued by the EPA for each of six specific 22 

# pollutants. In this particular case, the EPA has 23 

# revised the standard for sulfur dioxide or SO2. 24 

# The plan must demonstrate that a state or local 25 

# jurisdiction has the infrastructure, meaning the

### 201 Third St. NW, Ste. 1630, Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 Page 4

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# authority and capability to implement, maintain, 2 

# and enforce the federal standard, including 3 

# programs, personnel, and funding. The EPA must 4 

# approve this plan as meeting the requirements of 5 

# the Federal Clean Air Act. 6 

# When is an infrastructure SIP 7 

# required? It's required whenever EPA sets a new air 8 

# quality standard under the Clean Air Act. Once EPA 9 

# does that, a deadline applies. The state or local 10 

# jurisdiction has three years to submit an 11 

# infrastructure SIP for that standard to EPA. 12 

# Why is this infrastructure SIP, the 13 

# subject of my testimony, necessary? Because EPA set 14 

# a new standard for sulfur dioxide in June 2010. 15 

# That means a new sulfur dioxide infrastructure SIP 16 

# for Albuquerque and Bernalillo County was due to EPA 17 

# by June 2013. Unfortunately, personnel turnover in 18 

# the Air Quality Program delayed its preparation. 19 

# Thus, EPA has asked for its submission as soon as 20 

# possible. 21 

# So, therefore, the Air Quality 22 

# Program requests that the Board adopt the proposed 23 

# infrastructure SIP for sulfur dioxide, which you 24 

# have as the public review draft. There will be some 25 

# proposed amendments. I'll talk about those in a

### 201 Third St. NW, Ste. 1630, Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 Page 5

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# moment. 2 

# We're also requesting the Board 3 

# approve submission for the proposed SIP to EPA. 4 

# Upon approval, it will become part of New Mexico's 5 

# overall federally enforceable air quality plan. 6 

# Adoption of the infrastructure SIP is 7 

# necessary to comply with federal law. The Clean Air 8 

# Act requires state and local governments to submit 9 

# one and describes specific elements that must be 10 

# included in it. The public review draft, which is 11 

# Exhibit 1, meets all elements required by federal 12 

# law. 13 

# The Air Quality Program is asking for 14 

# some minor amendments to the public review draft. 15 

# These are indicated in Exhibit 9. They clarify 16 

# certain language recognizing the Environmental 17 

# Health Department of the City of Albuquerque as the 18 

# legally designated administrative agency for the Air 19 

# Board rather than simply the Air Quality Program. 20 

# The Board has the authority to adopt 21 

# the infrastructure SIP under the New Mexico Air 22 

# Quality Control Act, which provides authority to 23 

# adopt air quality plans. Albuquerque and Bernalillo 24 

# County ordinances provide similar authorization. 25 

# The Board is also required under the above laws to

### 201 Third St. NW, Ste. 1630, Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 Page 6

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# adopt air quality plans, and the Board is also 2 

# required to hold a hearing before adopting a plan. 3 

# The local impact of adopting the SO2 4 

# infrastructure SIP will be minimal. The new SO2 5 

# standard set by EPA is dramatically more stringent 6 

# than the old. However, our local air quality 7 

# already meets the standard based on the monitoring 8 

# done by the Air Quality Program since 2010. 9 

# The Department does not anticipate 10 

# that this situation will change. In addition, the 11 

# infrastructure SIP will not impose a burden on 12 

# sources locally because no new regulations are 13 

# imposed by it. It simply describes the regulations 14 

# that already exist in order to demonstrate that the 15 

# sulfur dioxide standard can be implemented. 16 

# In conclusion, I will recap briefly. 17 

# The sulfur dioxide infrastructure SIP demonstrates 18 

# that Albuquerque and Bernalillo County have the 19 

# authority and capability to support the new federal 20 

# SO2 standard. The infrastructure SIP is required by 21 

# federal, state, and local law. The air quality in 22 

# Albuquerque and Bernalillo County already meets the 23 

# new standard and should continue to do so. 24 

# Therefore, the department respectfully requests that 25 

# the Board adopt its proposed infrastructure SIP with

### 201 Third St. NW, Ste. 1630, Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 Page 7

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# amendments proposed by staff, after which the 2 

# infrastructure SIP will be submitted to EPA for 3 

# review and approval. 4 

# And I'd like to thank the Board for 5 

# this opportunity to present the department's 6 

# petition. With that, I conclude my testimony and 7 

# stand with my colleagues for questions. 8 

# HEARING OFFICER ORTH: Thank you, 9 

# Mr. Merta. Board members, the gentlemen available 10 

# for questioning include Mr. Merta, Mr. Tavarez, 11 

# Mr. Reyes, and Mr. Gates. Do Board members have 12 

# questions? 13 

# (Dan Gates, Isreal Tavarez, and Damon 14 

# Reyes were duly sworn.) 15 

# MS. CUDNEY-BLACK: I have a question. 16 

# Can you explain how the change in SIP will affect 17 

# individual permittees and those applying for 18 

# permits in the future? 19 

# MR. MERTA: Let me -- I mean, it 20 

# shouldn't in general. I mean, it shouldn't because 21 

# this is simply a document. It refers to 22 

# regulations that permittees are already bound by. 23 

# This is an analogy for what this 24 

# document is: It's sort of like when the FAA comes 25 

# around at periodic intervals to inspect an airplane

### 201 Third St. NW, Ste. 1630, Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 Page 8

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# to make sure it's in compliance with all 2 

# regulations. This is EPA inspecting our 3 

# regulations, programs, resources as they relate to 4 

# sulfur dioxide and concluding that, yes, we have the 5 

# basic capability, the infrastructure in place to 6 

# comply, and our aircraft will continue to fly. I'll 7 

# defer to Isreal if there's anything else that he 8 

# wants to add. 9 

# MR. TAVAREZ: Madam Hearing Officer, 10 

# Madam Vice Chair, Members of the Board, Mr. Merta 11 

# is exactly correct, this does not change the 12 

# content or the details of the current air quality 13 

# permitting regulations. So, therefore, the 14 

# impact -- it does not impact stationary sources. 15 

# HEARING OFFICER ORTH: Other Board 16 

# questions? All right. Questions from anyone else 17 

# of the department panel relating to the SIP 18 

# petition? 19 

# All right. Thank you very much. 20 

# Gentlemen, you are excused. Let me ask now if 21 

# there's anyone who would like to offer nontechnical 22 

# public comment on this petition. I see no hands. 23 

# Is there any reason not to close the record, 24 

# Mr. Merta? 25 

# MR. MERTA: None that I can see, Madam

### 201 Third St. NW, Ste. 1630, Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 Page 9

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# Hearing Officer. 2 

# HEARING OFFICER ORTH: The record is 3 

# closed, and I'll return the floor to the chair. 4 

# MS. CUDNEY-BLACK: So we're ready to 5 

# discuss questions or matters regarding this 6 

# petition. Are there any questions or comments 7 

# before we vote? 8 

# MR. DEICHMANN: Do we need a motion? 9 

# MS. CUDNEY-BLACK: Yes. Do we have a 10 

# motion to approve the petition to adopt the State 11 

# implementation plan for SO2? 12 

# MR. DEICHMANN: I'll make the motion. Do 13 

# you want me to read -- 14 

# MS. CUDNEY-BLACK: I think you have to 15 

# read the resolution. 16 

# HEARING OFFICER ORTH: We do have a 17 

# resolution, I trust, that was prepared by staff 18 

# that's in front of us. 19 

# MR. NIETO: We have read the whole thing 20 

# in the past, but I think it would be sufficient to 21 

# refer to the title and the number. 22 

# MR. DEICHMANN: I move that the Board 23 

# adopt resolution No. 2015-1 adopting the State 24 

# implementation plan for sulfur dioxide to address 25 

# Sections 110(a)(1) and (2) of the Federal Clean Air

### 201 Third St. NW, Ste. 1630, Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 Page 10

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# Act (CAA), 42 U.S.C. Sections 7410(a)(1) and (2) 2 

# hereafter referred to as the SO2 infrastructure 3 

# SIP. 4 

# MS. CUDNEY-BLACK: Do we have a second? 5 

# MS. UPSON: Second. 6 

# MS. CUDNEY-BLACK: All in favor, say 7 

# "Aye." 8 

# (All members responded "Aye.") 9 

# MS. CUDNEY-BLACK: Any opposed? 10 

# (No response.) 11 

# MS. CUDNEY-BLACK: The motion carries. 12 

# (The proceedings concluded at 6:18 p.m.) 13 14 15 16 17 18 19 20 21 22 23 24 25

### 201 Third St. NW, Ste. 1630, Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 Page 11

1 2 

# REPORTER'S CERTIFICATE 3 

# I, Deborah L. O'Connor, New Mexico CCR #297, do 4 

# hereby certify that the proceedings of the 5 

# above-entitled cause were reported by me 6 

# stenographically on April 30, 2015, and that the 7 

# within transcript is a true and accurate 8 

# transcription of my shorthand notes. 9 

# I FURTHER CERTIFY that I am neither an attorney 10 

# nor counsel for nor related to or employed by any of 11 

# the parties to the action, and that I am not a 12 

# relative or employee of any attorney or counsel 13 

# employed by the parties hereto or financially 14 

# interested in the action. 15 16



# _________________________________ Deborah L. O'Connor, RPR, CRR 17 

# Certified Court Reporter #297 License Expires: 12/31/2015 18 19 20 21 22 23 24 25

### 201 Third St. NW, Ste. 1630, Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 Page 1 

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