SUSANA MARTINEZ 

Governor 

JOHN A. SANCHEZ 

Lieutenant Governor 

June 11, 2015 

Mr. Ron Curry 

Regional Administrator 

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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 of Section 110(a)(2)(A)-(M) of the 

Clean Air Act (CAA) to implement the 2010 Sulfur Dioxide (S02) National 

Ambient Air Quality Standard (NAAQS) 

Dear Mr. Curry: 

I am writing on behalf of Governor Susana Martinez to request approval of the 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 of the 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 of 40 CFR 51.102. 

To facilitate your review, one hard copy of this 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 of this request is appreciated. If you have any questions, please 

contact Mary Lou Leonard, Director of the Albuquerque Environmental Health Department 

(EHD), at (505) 768-2631. 

etary 

New Mexico Environment Department 

cc: Honorable Susana Martinez, Governor, State of New Mexico 

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 Mexico State Implementation Plan For 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 with a 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 implement 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 Act provides 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 sources and 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/document signed, stamped, dated by the 

appropriate State official indicating that it is fully enforceable by the State. The 

effective date of the regulation/document shall, whenever possible, be indicated in the 

document itself. If the State submits an electronic copy, it must be an exact duplicate of 

the hard copy with changes indicated, signed documents need to be in portable 

document format, rules need to be in text format and files need to be submitted in 

manageable amounts (i.e. a file for each section 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 the filing 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 Control Act 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. Staff received 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 of sulfur 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 County 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 certain baseline 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/A 
AAMNP 

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 Monitoring Network Plan 

New Mexico Air Quality Control Act (also referred to as "Air Act") 

Air Quality Control Board (also referred to as "Air Board") 

Air Quality Program, Environmental Health Department, City of Albuquerque 

Air Quality System 

Clean Air Act 

Code of Federal Regulations 

U.S. Court of Appeals, District of Columbia Circuit 

Environmental Health Department, City of Albuquerque 

Environmental Protection Agency 

Federal Register 

Federal Reporter, Third Series (record of decisions and opinions of U.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 of Intent to present technical testimony 

Nitrogen Dioxide 

Particulate Matter 2.5 

Public Review Draft 

Prevention of Significant Deterioration 

Revised Ordinances of the City of Albuquerque 

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 CONTROL BOARD 

State Implementation Plan (SIP) for Air Quality 

To Address Infrastructure Requirements of 

Section 110(a)(2)(A)-(M) of the Clean Air Act 

(CAA) to Implement the 2010 Sulfur Dioxide 

(S02) National Ambient Air Quality Standard 

(NAAQS) 

Adopted 

April30, 2015 

------------- \Yh- -~ a...J gj .. J, Kelsey Curran, CIH, Chair <..Jti\M._ ~~"~IfAlbuquerque-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 of20 
AAMNP 

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 "Air Act") 

Air Quality Control Board (also referred to as "Air Board") 

Air Quality Program 

Air Quality System 

Clean Air Act 

Code of Federal 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 of Significant Deterioration 

Revised Ordinances of the City of Albuquerque 

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 maintain the primary and 

secondary National Ambient Air Quality Standards (NAAQS) under the 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 promulgated by the U.S. Environmental Protection 

Agency (EPA). The initial SIPs for states were 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} of the CAA require that, within three years of EPA promulgation of a 

new or revised 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 11 O(a)( 1) of the CAA addresses the timing requirement for the submissions of any iSIP revisions, 

while Section 11 O(a)(2) lists the required elements that comprise the iSIP. 

On June 22,2010, the Administrator of the U.S. Environmental Protection Agency, Lisa Jackson, 

promulgated a new NAAQS for sulfur dioxide ("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 of the air 

quality criteria for oxides of sulfur and the primary NAAQS for oxides of sulfur as measured by S02, 

EPA made revisions to the primary S~ NAAQS in order to provide the requisite protection of public 

health.ld. Specifically, EPA replaced the former 24-hour and annual standards with a new short-term 

standard based on the 3-year average of the 99th percentile of the yearly distribution of 1-hour daily 

maximum S02 concentrations.ld. EPA set the level of this new standard at 75 ppb.ld. 

The City of Albuquerque's Environmental Health Department, Air Quality Program (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 of air quality monitoring data necessary for an "in 

attainment" designation.3 See CAA Section 107(d). On July 25,2013, EPA designated certain areas of the 

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 of these nonattainment areas. Id. EPA 

has stated that it will address designations for all other areas 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, Ambient Air Quality Standards. It plans to do so in a future rulemaking. 

1 More infonnation on the SIP process is available at http://epa.gov/airquality/urbanair/sipstatusl. 

2 "Air Quality Program" is now the correct tenn referring to the local air pollution control agency for 

Albuquerque and Bernalillo County (within the City of Albuquerque Environmental Health Department), 

established under NMSA 1978 § 7 4-2-4. This tenn replaces the tenn "Air Quality Division," which was used in 

documents previously submitted to EPA. 

3 Letter from AI Annendariz, EPA Region 6 Administrator, to Susana Martinez, Governor ofNew Mexico 

(June 2, 2011). Letters cited in this iSIP submission are available upon request from the City of Albuquerque, 

Environmental Health Department, Air Quality Program. 

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP 

Page4of10 
The matrix in the main body of this document, below, outlines the requirements of Sections 11 O(a)(2)(A) 

through (M) of the CAA [codified at U.S.C. 42 § 7410, State Implementation Plans For National Primary 

And Secondary Ambient Air Quality Standards] and addresses how Albuquerque-Bernalillo County, New 

Mexico will implement, maintain and enforce the 2010 S02 NAAQS. 

Legislative authority for Albuquerque-Bernalillo County's air quality program is codified in the New 

Mexico Air Quality Control Act (Air Act), Chapter 74, Environmental Improvement, Article 2, Air 

Pollution, of the New Mexico Statutes Annotated 1978 (NMSA 1978). Section 4 of this statute authorizes 

the creation of a "local authority" by a New Mexico county or municipality meeting certain criteria if the 

county or municipality adopts an ordinance providing for the local administration and enforcement of the 

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 by the Air Act, established the Joint Air Quality Control Board (Air Board), and 

specified that the Air Board shall adopt regulations consistent with the Air Act and shall adopt a plan for 

the regulation, control, prevention or abatement of air pollution throughout Bernalillo County. These 

parallel ordinances provide that the Albuquerque Environmental Health Department is the administrative 

agency of the Air Board. The AQP is part of the Environmental Health Department. The Albuquerque and 

Bernalillo County ordinances are codified at Revised Ordinances of the City of Albuquerque (ROA) §§ 9-

5-1 to -99 and Bernalillo County Ordinance 94-5 §§ 1 to -20 [codified at Art. 11, Ch. 30, §§ 30-31 to 4 7. 

For the sake of simplicity, this document will use the terms "Air Quality Program" or "AQP" throughout 

this document as a shorthand reference for the longer term "City of Albuquerque, Environmental Health 

Department, Air Quality Program." In all instances of such usage, the terms "Air Quality Program" and 

"AQP" refer to the organizational unit within the Environmental Health Department (i.e. the "air agency," 

"Department," or "EHD", 20.11.1.7 NMAC, General Provisions; or the "local agency", NMSA 1978 § 

74-2-5.1) that carries out air quality regulation duties and powers of the Department under the 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 of these authorities is not included in this iSIP 

submission but they are described in the main body of this 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 of the New Mexico SIP. To account for these 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 element that would incorporate into the 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 Air Board 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 of20 
Operating Permits; 20.11.60 NMAC, Permitting in Nonattainment Areas; 20.11.61 NMAC, 

Prevention of Significant Deterioration.5 

§ 1U)(a)(2)(At · 

Albuquerque-Bernalillo County 

110(a)(2) Required SIP Elements for Sulfur Dioxide 

Control measures generally. Albuquerque-Bernalillo County's enforceable emission limitations and other 

control measures are authorized by the Air Act, 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 §§ 1 to -20 [collectively referred to as 

the "Air Act and Ordinances"]. The Air Act and Ordinances authorized creation of the AlbuquerqueBernalillo County Joint Air Quality Control Board and the Air Quality Program of the 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 empower the Air Board to adopt, promulgate, 

publish, amend and repeal regulations consistent with the Air Act 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 of the City of Albuquerque 

Environmental Health Department as the air pollution control agency for Albuquerque-Bernalillo County 

and administrative agency of the Air Board, with authority to enforce the air quality regulations of the 

Board. NMSA 1978, § 74-2-5.1; ROA § 9-5-1-5; Bernalillo County Ord. 94-5 §54. 

The City of Albuquerque and Bernalillo County adopted parallel ordinances by which they accepted the 

authority delegated by the Air Act, established the Air Board, and specified that the board shall adopt 

regulations consistent with the Air Act and adopt a plan for the regulation, control, prevention or 

abatement of air pollution. ROA §§ 9-5-1-1 to -99 and Bernalillo County Ord. 94-5 § 4.For additional 

discussion of these 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 of sulfur 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 of EPA's approval of specific New Mexico statutes, local ordinances, local regulations, and 

other enforceable documents into the New Mexico SIP is available at 40 CFR Part 52, Subpart GG, 

6 This iSIP report is divided into "elements," each addressing requirements under a specific provision of the 

CAA. This element addresses the requirements ofCAA § IIO(a)(2)(A), and thus may be referred to as "Element A" 

of the iSIP. Other portions of this iSIP use the same naming convention for individual iSIP elements. 

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP 

Page 6 of20 
Sections 1620-1640. 

Albuquerque-Bernalillo County has submitted certain froposed revisions to its permitting regulations to 

EPA and is awaiting EPA approval of these revisions. If such approval should be granted, the 

Albuquerque-Bernalillo County portion ofthe New 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 CFR Part 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). Under this regulation, AQP does not exempt from enforcement excess emissions that 

occur during start-up, shutdown, maintenance, or malfunction. Emissions in excess of permit or 

regulatory limits are presumptive violations, subject to affirmative defenses with the burden of proof on 

the respondent. The statutes, ordinances, and regulations governing AQP's enforcement and maintenance 

of the NAAQS do not contain "director's discretion" 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 subject to a 

new proposed EPA rule that, when finalized, may require revision of the regulation. 79 Fed. Reg. 55,920-

55,956 (Sept. I 7, 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 of ambient 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 Air Act 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 at appropriate 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 ("Ambient Air Quality 

Surveillance"). AQP's monitoring program implements the following specific federal regulatory 

requirements: 

• providing for submission of data to EPA's Air 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 of any planned changes to monitoring sites or to the network plan, 40 CFR 

58.14 "S stem Modification" . 

7 Albuquerque-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 County to 

assess ambient concentrations for all of the NAAQS, including S02• All monitors are subjected to the 

quality assurance requirements of 40 CFR Part 58, Appendix A. Monitors are located at sites that have 

met the minimum siting requirements of Part 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 of its responsibility for maintaining the monitoring network, AQP submits for EPA review an 

Annual Air Monitoring Network Plan (AAMNP). 40 CFR § 58.1 0. 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 of attainment or nonattainment, ambient air 

quality data reported in the 2014 AAMNP showed S02 1evels less than 10% of the 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 Air Monitoring 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 under the revised 1-hour 2010 

S02 NAAQS.9 However, in an effort unrelated to the revised S02 NAAQS, AQP began S02 monitoring 

under the 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 of ambient 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 of this 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 set forth 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, Governor of New 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 

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Bernalillo County can expect enforcement action. The Air Act and Ordinances authorize AQP to pursue 

enforcement through administrative compliance orders or commencement of civil 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 of Major Sources: Under the general statutory authority discussed in 

Element A of this iSIP, above, the Air Board and AQP have the authority to implement a comprehensive 

Prevention of Significant 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 Significant Deterioration, 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 by EPA. 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 PM2.5 NAAQS). 

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. Pursuant to 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 whether an air 

agency has submitted any PSD program revisions, regarding any NSR pollutant, for which the submission 

deadline has passed as ofthe date for EPA's proposed approval of an iSIP submission. This iSIP 

addresses the foregoing requirement as follows. 

Albuquerque Bernalillo County has submitted PSD-related regulatory revisions to EPA in response to 

EPA's rulemaking amending the PSD requirements 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, Operating Permits; 20.11.60 NMAC, 

Permitting in Non-Attainment Areas; and 20.11.61 NMAC, Prevention of Significant Deterioration. The 

revisions addressed specific requirements of 40 CFR §§ 51.165, 51.166, and 52.21. 

Note that certain of the above New Mexico regulatory revisions relating to EPA's PM25 rulemaking were 

vacated by the U.S. Court of Appeals 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 to two regulatory provisions that AlbuquerqueBernalillo County would otherwise have adopted. One such provision, not yet part of the 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 of permits that may apply to a facility subject to PSD 

requirements, see 20.11.41 NMAC, Construction Permits; 20.11.42 NMAC, Operating Permits. For the 

regulation governing permitting for sources located in nonattainment areas, see 20.11.60, Permitting in 

Nonattainment Areas. 

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP 

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Another vacated provision has been submitted by the Air Board to EPA and appears at 20.11.61.28 

NMAC (regarding Significant Monitoring Concentration). AQP will respond promptly to any future EPA 

initiatives regarding these vacated provisions. 

Regulation of minor sources and minor modifications: Per 40 CFR sections 51.160 through 51.164, the 

Air Board 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 of major sources emitting a NAAQS 

pollutant. /d. EPA has previously approved these provisions into the New Mexico 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 § 11 O(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 of the 2010 802 NAAQS or contribute to a state's 

nonattainment of that NAAQS. See the other portions of this iSIP for descriptions of AlbuquerqueBernalillo's control measures along with related legal authority and programs. AQP has determined that 

this infrastructure will be sufficient to avoid negatively impacting NAAQS attainment and maintenance in 

other states in view of the following factors. 

I) The relative scarcity of major S02 sources in Albuquerque-Bernalillo County. AlbuquerqueBernalillo County has only two major 802 sources. One is the Albuquerque Southside Water 

Reclamation Plant (Water Reclamation 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 year of oxides of sulfur. According to data available to AQP, this facility's reported 

actual emissions averaged only 20.66 tons of S02 per year 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 correct the 

error and enter a final, verified amount for actual emissions into SLEIS. 

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP 

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The Water Reclamation Plant is permitted to emit 123.4 tons per year of S02• According to data 

available to AQP, this facility's reported actual emissions averaged only 58.66 tons of S02 per year 

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 of ambient 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% of the 75 ppb 20 I 0 S02 NAAQS. 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 and other states. Given the small 

overall level of S02 emissions from Bernalillo County, AQP has determined that these emissions will 

be widely dispersed over the 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 of significant deterioration: As noted above in Element C of this iSIP, 

Albuquerque-Bernalillo County has a comprehensive EPA-approved PSD program and has submitted 

necessary proposed revisions to EPA. Thus, the PSD program includes measures to prevent interference 

with PSD measures in other states. 

Interference with protection of visibility: With respect to the visibility element of§ 110 (a)(2)(D)(iXII), 

Albuquerque-Bernalillo County has a regional haze program in place that 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 

"meet the requirements of the (CAA] and comply with the provisions of 40 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 of the 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 of New Mexico, Wyoming and Utah), was recently upheld by the Tenth Circuit. Wild Earth 

Guardians v. EPA, 770 F.3d 9I9 (lOth Cir. 2014). By having this EPA-approved regional haze SIP 

element in place, Albuquerque-Bernalillo County meets the requirements of§ II 0 (aX2XDXi)(II), 

prohibiting interference with protection of visibility in other states. Albuquerque Bernalillo County 

regulations implementing the 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, Wood Burning; 20.11.46 NMAC, Sulfur Dioxide Emissions Inventory Requirements: Western 

Backstop Sulfur 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, Oxygenated Fuels; 20.11.103 NMAC, Motor Vehicle Visible Emissions; and 20.11.104 NMAC, 

Emission Standards for New Motor Vehicles. EPA approval of the 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 of Albuquerque Bernalillo 

County regional haze SIP and describing history of regional haze rule and related earlier SIP submissions 

by Albuquerque-Bernalillo County). 

13 Emissions data are from SLEIS. 

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP 

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Compliance 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 of the CAA, § 126(a), and are consistent with 40 

CFR § 51.166( q)(2)(iv), requiring notification of other air agencies whose jurisdictions 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 subject to an 

active finding under these provisions with respect to S02. If such 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 Air Act 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 of functions 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. For purposes of 

these provisions, the Air Board and AQP are the sole organizations that participate in developing, 

implementing, and enforcing the EPA-approved SIP provisions related to the 2010 S02 NAAQS. 

Resources (i.e. personnel & funding) available to carry out the SIP: As of the date of this 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 of Albuquerque, 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 S02 NAAQS, beyond those which have been utilized for the 

preparation of the 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 S02 NAAQS. 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 of20 
under 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 of penalties for permit violations, and appropriate litigation. /d. To act under the foregoing legal 

provisions, AQP has full authority under state law, and city and county ordinances to carry out all SIP 

obligations relating to the 2010 S02• NAAQS. ROA §§ 9-5-1-1 to -99; and Bernalillo County Ord. 94-5 

§§ 1 to -20. 

To comply with the provisions ofCAA Section 128 regarding state and local board composition and 

conflicts of interests, the City of Albuquerque 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 to the 

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, if approved by EPA, incorporate the following ordinances, other laws, 

and policies into the 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 of Interest"); 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"); 

• City of Albuquerque, NM, Charter, Article XII, Section 4 ("Conflict oflnterest"); 

• City of Albuquerque, City Code of Conduct, 300 ("Conditions of Employment"); 301 ("Code of 

Conduct") (from City of Albuquerque Personnel Rules and Policies); 

• Bernalillo County, NM Ordinances §§ 2-126 to 2-136 ("Code of Conduct"); 30-31 to 30-47 

("Joint Air Quality Control Board"); 42-36 to 42-39 ("Metropolitan Environmental Health 

Advisory Board") 

NMSA 1978 § 74-2-4 provides that the Air Board be comprised of at least a majority of members who 

represent the public interest and do not derive any significant portion of their income from persons subject 

to or who appear before the Board on issues related to the 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 of relationship, (3) is an 

officer, director or trustee of a party or interested participant in the proceeding; or (4) has a financial 

interest in the proceeding or has any other conflict. 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 of20 
Air 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 or the 

outcome of the proceeding; (2) has personal knowledge of disputed facts concerning the proceeding; (3) 

is related to a party within the third degree of relationship; ( 4) is an officer, director or trustee of a party or 

interested participant in the proceeding; (5) has a financial interest in the proceeding or facility that is the 

subject of the proceeding or has any other conflict of interest; ( 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 of these jurisdictions' 

respective Joint Air Quality Control Board Ordinances which created the Air Board and authorize local 

administration by the City of Albuquerque Department of Environmental Health. ROA §§ 9-5-1-1 to -99; 

and Bernalillo County Ord. 94-5, §§ 1 to -20. The New Mexico Environment Department and the state 

Environmental Improvement Board retain jurisdiction and control for administration of the 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 Air Act provides that regulations adopted by the Air Board may "require 

any person emitting any air contaminant" to conduct monitoring of such 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 of significant deterioration); and 20.11.90 NMAC, Source 

Surveillance: Administration and Enforcement. 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 of any credible evidence. 

Source reporting: Consistent with 40 CFR §§ 51.211, 51.321 to 51.323, and 40 CFR part 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 of20 
inventories according to a prescribed schedule, in a format established by AQP. 20.11.47 NMAC, 

Emission Inventory Requirements. To facilitate gathering and reporting of emissions data by sources, 

Albuquerque-Bernalillo County establishes specific requirements for maintaining records and reporting 

emissions, including provisions relating to content of records and AQP inspections. 20.11.90 NMAC, 

Source Surveillance: Administration and Enforcement. AQP is current with its submittals to the National 

Emissions Inventory (NEI) database; the 2013 data for larger sources was submitted to EPA on December 

30,2014. 

Correlation of source 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 sources to analyze "the relationship between measured or estimated amounts of emissions and 

the amounts of such 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 other control measures ... "). By means of such 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 of emission reports by sources: Emission data obtained under the 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 of a source or combination of air 

emission sources presents an imminent and substantial endangerment to the public health or welfare or 

the environment, the Director of the Environmental Health Department may bring a civil suit seeking to 

restrain the source of the air contaminants. NMSA 1978 § 74-2-1 O(A); ROA § 9-5-1-1 O(A); Bernalillo 

County Ord. 94-5 § I O(A). If such a civil suit is not a practicable means of promptly 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 of the Environmental Health 

Department formulates and administers an emergency action plan approved by the Air Board to address 

source emissions that cause pollutant concentrations to reach levels constituting an imminent and 

substantial endangerment to the health of persons. 20.11.6 NMAC, Emergency Action Plan. Consistent 

with 40 CFR § 51, Subpart H, Prevention of Air Pollution Emergency Episodes, the Air Board has 

adopted the Air Pollution Episode Contingency Plan for Bernalillo County that covers air pollution 

episodes and the occurrence of an emergency due to the effects of the pollutants on the health of persons. 

56 Fed. Reg. 38,074 (Aug. 21, 1991); 40 CFR § 52.1639. 

§ llO(i)(l)~ 

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP 

PagelS of20 
SIP revision to account for NAAQS revisions: the Air Board has the authority to adopt new regulations 

and to amend or repeal regulations in order to 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 present to the 

Board a plan for the regulation, control, prevention or abatement of air pollution. NMSA 1978 § 7 4-2-

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 provide the legal basis for the Air 

Board and AQP to submit proposed SIP revisions for EPA review in order to accommodate EPA 

revisions of a NAAQS. Nothing in New Mexico's statutory or regulatory authority prohibits 

Albuquerque-Bernalillo County from revising regulations and programs for submission as proposed SIP 

revisions in the event of a revision to the NAAQS. 

SIP revision to account for EPA finding of inadequacy: the above cited provisions also provide the legal 

basis for the Air Board and AQP to submit proposed revisions of the 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 of the CAA, this element does not need to be addressed in the context of an infrastructure 

SIP submission. U.S. Environmental Protection Agency, "Guidance on Infrastructure State 

Implementation Plan Elements under Clean Air Act Sections 11 O(a)( 1) and 11 O(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 of the 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 of the public, including local political subdivisions and federal land managers 

affected by a SIP revision. In particular, the Air Act provides that, "no regulations or emission control 

requirement shall be adopted until after a public hearing by ... the local board" and that, "at the 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 at the 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 of SIP revisions to affected persons and 

organizations and affords them an opportunity to participate in the revision process. 20.11.82 NMAC, 

Rulemaking Procedures --Air Quality Control Board. Other such regulations are those programs 

implementing permitting in nonattainment areas and for Prevention of Significant Deterioration, which 

rovide for ublic artici ation and notification of affected 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 I areas); 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 subject to prevention of significant deterioration 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 of construction permits, 20.11.41.14, 20.11.41.15, and 20.11.41.16 

NMAC (providing for public participation and notification at various stages of the construction permitting 

process). Collectively, the foregoing provisions ensure that 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 Air Board 

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 particular responsibilities of the Air Board and 

AQP in carrying out these 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 of regulated pollutants exceeds 

the values set forth in the NAAQS. AQP makes air quality data from Albuquerque-Bernalillo County's 

monitoring network available via EPA's Air Quality System Data Mart website at 

http://www.epa.gov/airdata. Additionally, as required by grants under CAA Section 105, AlbuquerqueBernalillo County must submit monitoring data to EPA's Air Quality System (AQS) within 90 days after 

the end of a quarter. AQP's website provides information to the public on current air quality conditions in 

AQP'sjurisdiction, using the EPA's color-coded Air Quality Index (AQI) to show current concentrations 

of criteria 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 of potential health hazards associated with 

measured values for sulfur dioxide and other NAAQS pollutants that may at times exceed the 

concentrations specified in the NAAQS. 

AQP's website also provides links to additional EPA web-based information tools on criteria pollutant 

emission sources, past air quality data trends, and forecasts of future 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 linking to these EPA resources, AQP further 

advises the public about criteria pollutants, local air quality conditions and the potential health hazards 

that rna arise from such conditions. 

Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP 

Page 17 of20 
In addition to the above measures, AQP and the Air Board promote public awareness of measures that can 

prevent instances in which measured values of criteria pollutants exceed values specified in the NAAQS. 

Promotion of such 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 ofthe public to 

petition the Air Board for a rulemaking proceeding, 20.11.82.18 NMAC, Rulemaking Procedures-- Air 

Quality Control Board (providing that "any person" may petition the Air Board for rulemaking); (2) time 

and place of upcoming rulemaking proceedings, 20.11.82.19 NMAC; (3) procedures for members of the 

public to participate in rulemakings, 20.11.82.19 NMAC; (4) procedures for members of the 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 of significant deterioration); and 20.11.81 NMAC, Adjudicatory 

Procedures -- Air Quality Control Board. The foregoing regulations require that notices of proceedings 

be published by particular methods (e.g. in a newspaper of general circulation), thus providing interested 

members of the public an opportunity to be heard during rulemaking and permitting. 

AQP and the Air Board further promote the above forms of public participation by providing links on the 

AQP website to important information about such participation. This web-based information includes: the 

content of relevant regulations; notices of proceedings; Air Board and AQP contact information; 

description of the process for filing air quality complaints; descriptions of permitting and compliance 

programs; information on environmental justice issues; and access to full text documents on completed, 

ongoing or upcoming regulatory proceedings, such as petitions, notices of intent, public comments, and . 

public review drafts of proposed 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 of significant deterioration: EPA has stated that the requirements for this sub-element of an 

iSIP are the same as the requirements to satisfy Element C of an iSIP, which must comply with CAA 

§ 110(a)(2)(C). U.S. Environmental Protection Agency, "Guidance on Infrastructure State 

Implementation Plan Elements under Clean Air Act Sections 11 O(a)(l) and 11 O(a)(2) (Sept. 2013), 

available at bttp:il~W':'!~&Pl!..&Q.Y@i!:lurJJan..air/sipstatus/jJ'!fm~trusture.l}tmJ. Accordingly, please refer to the 

discussion of Albuquerque-Bernalillo County's PSD program in Elements C ofthis iSIP for a description 

of how the Albuquerque Bernalillo County PSD program satisfies iSIP requirements. Additional 

discussion ofPSD programs appears in Element D. 

Visibility protection: EPA has stated that state and local air agencies do not need to address this subelement in an iSIP submittal, because a NAAQS 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. gox! airll![ball~lrl~.nstatl!~lnfra~!!:tl9l!r~..:h!t:D1· 

§U!<i!>J~>.{R:);. .,: - " ,·- ,--t~'·t'if< 

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Albuquerque-Bernalillo County Sulfur Dioxide Infrastructure SIP 

Page 18 of20 
Authority 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); and Bernalillo County Ord. 94-5 § 5(B). These legal provisions provide AQP with necessary 

authority to develop air quality assessments and conduct modeling to predict the effect on ambient air 

quality of any emissions of any air pollutant for which a NAAQS has been promulgated. AQP follows 

EPA guidelines for air dispersion modeling. 40 CFR, Part 51, Appendix W. AQP utilizes air quality 

modeling or requires sources to conduct such modeling under the following regulations: 20.11.3 .1 05 

NMAC (for consultation in the local transportation conformity process); 20.11.4.159 NMAC (for 

consultation in determining transportation conformity of federal 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 (for permitting in nonattainment areas); 20.11.61.17 NMAC (to 

prevent significant deterioration of air quality in attainment areas). 

Authority to grovide modeling data to EPA: AQP has authority to provide modeling data to EPA upon 

request and will do so when AQP receives such a request. This authority derives from provisions in the 

Air Act and Ordinances that require AQP to present "a plan for the regulation, control, prevention or 

abatement of air pollution" to the Air Board. NMSA 1978 § 74-2-5.1 (H); ROA § 9-5-1-5(1); Bernalillo 

County Ord. 94-5 § 5(1). The Air Board, in tum, approves regulations implementing the air pollution 

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 of plans to attain and maintain the NAAQS --including generation of modeling data to be 

provided to EPA. AQP shares modeling data upon request with EPA to assure that Albuquerque 

Bernalillo County's EPA-approved portion of the New Mexico SIP functions as the above referenced 

laws intend. 

The Air Board has approved regulations providing for fees to cover reasonable costs of reviewing and 

acting upon permit applications, as well as implementing the terms and conditions of a permit under the 

CAA and the New Mexico Air Quality Control Act. See 20.11.2 NMAC (on air quality 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 dust control); 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 oflO 
The 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, of this 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 New Mexico 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 and repeal regulations consistent with the Air Quality Control Act to 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 of the 

13 Federal Clean Air Act (CAA), the City of Albuquerque and Bernalillo County Joint Air Quality 

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

15 Whereas, adoption of an Infrastructure SIP is required by the United States Environmental 

16 Protection Agency (EPA) under the CAA, Section 11 O(a)(1) and (2), which requires submission of an 

17 Infrastructure SIP within three years of promulgation or revision of a National Ambient Air Quality 

18 Standard (NAAQS); and 

19 Whereas, EPA promulgated a revised primary NAAQS for S02 on June 22, 2010; and 

20 Whereas, on April30, 2015, the Air Board held a public hearing in the Vincent E. Griego 

21 Chambers, on the basement level of the Albuquerque- Bernalillo County Government Center, One 

22 Civic Plaza NW, in Albuquerque, New Mexico, and the hearing was held consistent with the notice 

23 requirements of the Air Act, and 20.11.82 NMAC, Rulemaking Procedures- Air Quality Control 

24 Board;and 

25 Whereas, on April30, 2015, the Air Board met and determined that the S02 Infrastructure SIP 

26 should be adopted and submitted to the EPA as a revision to the New Mexico 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 IT RESOLVED BY THE BOARD THAT: 

7 I. The S02 Infrastructure SIP as proposed in AQP Exhibit I, as amended by "Staffs Proposed 

8 Floor Amendments" shown as AQP Exhibit 9, both of which were admitted at the April30, 2015 

9 hearing, is hereby adopted; 

10 2. The Board hereby directs staff to take all actions necessary to submit the S02 Infrastructure 

II SIP as amended, to EPA as a revision to the New 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 4 Albuquerque-Bernalillo County Air 

dkM.-

Quality Control 

CJv-)~_g/~tL 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. 
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 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
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1 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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1 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
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1 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
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1 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
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1 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
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1 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
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1 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
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1 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
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1 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
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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
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A

able 3:4

above-entitled 11:5

accurate 11:7

Act 1:5 2:7 4:5,8 5:8,22 10:1

action 11:11,14

add 8:8

addition 6:10

address 1:4 2:6 9:24

administrative 5:18

admitted 3:14,15

adopt 1:3 2:5 4:22 5:20,23 6:1,25

9:10,23

adopted 3:13

adopting 6:2,3 9:23

Adoption 5:6

affect 7:16

agency 5:18

air 1:1,5 2:7 3:8,10,20 4:5,7,8,18

4:21 5:5,7,13,18,19,21,23 6:1,6

6:8,21 8:12 9:25

aircraft 8:6

airplane 7:25

Albuquerque 1:13,23 3:10,19

4:16 5:17,23 6:18,22

Albuquerque-Bernalillo 1:1,12

ambient 3:20

amendments 4:25 5:14 7:1

analogy 7:23

answer 3:5

anticipate 6:9

applies 4:9

applying 7:17

appointed 2:2

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