SUSANA MARTINEZ 

Governor 

JOHN A. SANCHEZ 

Lieutenant Governor 

July 26, 2013 

Mr. Ron Curry 

Regional Adnlln.istrator 

RECEIVED- 5PDL 

AIR PLMIH!HG SEC. 

NEW MEXICO 13 AUG -I 

ENVIRONMENT DEPARTMENT 

Office of the Secretary 

Harold Runnels Building 

1190 Saint Francis Drive (87505) 

P.O. Box 5469, Santa Fe, NM 87502 

Phone: (505) 827-2855 Fax: (505) 827-2836 

www.nmenv.state.nm.us 

RYAN FLYNN 

Cabinet Secretary 

BUTCH TONGATE 

Deputy Secretary 

U.S. Environmental Protection Agency, Region VI (6-RA) 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Subject: Proposed revision to the New Mexico State Implementation Plan for Air Quality 

(SIP) to address infrastructure requirements of Section 11 O(a)(2)(A)-(M) of the 

Clean Air Act (CAA) to implement the 2010 Nitrogen Dioxide (N02) 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 will serve as the basis for a revision to the New Mexico SIP. Specifically, I am 

submitting documentation for the proposed SIP revision which would incorporate the recently 

adopted N02 Infrastructure SIP (i-SIP), adopted pursuant to Title I of the CAA Amendments of 

1990. The N02 i-SIP applies exclusively to Bernalillo County, New Mexico. 

The Albuquerque - Bernalillo County Air Quality Control Board (Air Board) adopted the N02 i-SIP 

at their regular monthly meeting on June 12, 2013, following a public hearing held the same evening. 

The public hearing was held in accordance with the public notice, State laws and constitution, and 

public hearing requirements of 40 CFR 51.102. To facilitate your review, two hard copies of this 

SIP submittal, along with three exact duplicates in electronic form are enclosed. I believe that the 

submitted materials provide adequate documentation to support the requested SIP revision. 

Protecting our Environment, Preserving the Enchantment 
-2-

To facilitate your review and processing, the following materials are enclosed: 

1) SIP Completeness Checklist pursuant to 40 CFR 51; 

2) Hearing record, including transcript and exhibits; 

3) Comments and responses; 

4) The N02 i-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. 

Ryan Fl 

Cabinet Secretary 

NM Environment Department 

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

Richard Goodyear, Acting Chief, Air Quality Bureau, NMED 

Mary Rose, Acting Manager, Environmental Protection Division, NMED 

Dr. Dona Upson, Chair, Albuquerque - Bernalillo County Air Quality Control Board 

Mary Lou Leonard, Director, Albuquerque Environmental Health Department 

Danny Nevarez, Acting Deputy Director, Albuquerque EHD 

Margaret Nieto, Control Strategies Section Supervisor, Air Quality Division, EHD 

Enclosures 
Submittal Letter From EHD Director To Governor’s 

Designee 
CITY OF ALBUQYERQYE 

POBox 1293 

Albuquerque 

NM B7103 

www.cabq.gov 

July 18, 2013 

Ryan Flynn 

Cabinet Secretary, Nt\l EnYironmcnt Department 

Office of the Secretary 

Harold Runnels Building 

1190 Saint Francis Dr., PO Box 5469 

Santa Fe, New Mexico 87502-5469 

Subject: Endorsctnent of request for EP.-\ to consider a reYision to the New 

Mexico State Implementation Plan (SIP) for .\ir Quality to address 

infrastructure requirements of Section 11 O(a)(2)(A)-r.-l) of the Clean 

Air Act (C\A) to in1plement the 2010 Nitrogen Dioxide (N02) 

National.\tnbient Air Quality Standard (N.\.\QS) 

Dear Secretary Flynn, 

I am writing to request your endorsement, on the Gm·ernor's behalf, of the attached 

draft transmittal letter to EPA which requests that EPA appro\·e a re,·ision to the SIP. 

·nus proposed SIP redsion incorporates the recently adopted N02 Infrastructure SIP 

(i-S!P), adopted pursuant to Title I of the C\A .\mendments of 1990. 

The .\lbuquerque - BernaWlo County .\ir Quality Control Board (.\ir Board) adopted 

the N02 i-SIP at their regular monthly meeting on June 12, 2013, following a public 

hearing held tl1e same e\·eni.ng. The public hearing was held in accordance with the 

public notice, State laws and constitution, and public hearing rL'<juirements of 40 CFR 

51.1 02. The following materials will be prodded to EP. \ as adequate documentation 

to support the requested SIP re\'ision. To facilitate your redew and processing a copy 

of the following materials are enclosed (on CD): 

1) SIP Completeness Checklist pursuant to 40 CFR 51, .\ppendix Y; 

2) Hearing record, including transcripts and exlubits; 

3) Public comments and responses; 

+) The N02 i-SIP adopted by the .\ir Board; and 

Albuqucrqm' · .\f11ki11g HhtvrJ 1706-2006 
5) Other supporting documentation, including a draft transmittal letter 

from you to EP. \ Region \'] Regional Administrator, Ron Curry, 

requesting the proposed SIP reYision. 

If you agree to endorse the transmittal letter to Regional Administrator Ron Curry, 

then please proyide me with the original signed letter. Once recei\-cd, the 

Albuquer<1ue Etwironmental Health Department will proYide EP.\ with re,·iew 

copies of the proposed SIP submittal, along with your transmittal letter. 

Thank you for your assistance in tills matter. If you ha,~c questions or need 

clarification, please contact me or ~largaret Nieto of my staff at (505) 768-2637. 

Sincerely, 

.conard 

erque Em·ironmental Health Department 

cc: Honorable Susana ~lartinez, Cioyernor, State of New ~lexico 

Richard Goodyear, Acting Chief, .\ir Quality Bureau, 

Nl\1 Endronment Deparnnent 

Mary Rose, Acting 1\lanager, Em·ironmental Protection DiYision, NMED 

Bill Grantham, Assistant General Counsel, NMED 

Dr. Dona l'pson, Chair, 

Albuquerque - Bernalillo County .\ir Quality Control Board 

Danny N e\·arez, . \cting Deputy Director, Albuquerque EHD 

1\largaret Nieto, Control Strategies Section SuperYisor, 

• \ir Quality DiYision, EHD 

Enclosure 
Page 1 of 4 

Revision to the New Mexico State Implementation Plan For Air Quality (SIP) Through Incorporation 

of a Nitrogen Dioxide (NO2) NAAQS Infrastructure SIP 

July 2013 

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 Nitrogen Dioxide (NO2) NAAQS on June 12, 2013 after a 

public comment period and corresponding public hearing held on the same evening. 

Attachment A contains a copy of the adopted NO2 Infrastructure SIP, signed by 

the Board Chair, Dona Upson, MD. 

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

implement the plan. 

 X YES _____NO _____N/A 

 The New Mexico Air Quality Control Act provides for regulation at 

74-2-5.1 NMSA 1978, Duties and powers of the department and the local 

agency; and for plan revisions at 74-2-5.2 NMSA 1978, State air 

pollution control agency; specific duties and powers of the department. 

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

by reference into the plan, including indication of the changes made (such as 

redline/strikethrough) to the existing approved plan, where applicable. The submittal 
Page 2 of 4 

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 

(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 

The New Mexico Air Quality Control Act 74-2-6C requires 30-day notice. See 

AQD Exhibits # 2a and 2b in Attachment B for evidence that notices were published in 

the “newspaper of general circulation in the area affected” and the New Mexico 

Register. 20.11.82 NMAC requires that a Petition for Hearing be filed as well as an 

NOI. These are both shown in Attachment B.

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

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

 X YES _____NO _____N/A 

See AQD Exhibits # 2a & 2b in Attachment B as evidence that notices were 

published in the “newspaper of general circulation in the area affected” and the New 

Mexico Register. In addition, notice was also provided in the form of an e-mail sent to 

the air quality listserve, shown as AQD Exhibit # 2c. The New Mexico Air Quality 

Control Act at 74-2-6C NMSA 1978, Adoption of regulations; notice and hearings 

requires a 30-day notice.

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

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

with the public hearing requirements in 40 CFR 51.102. 

 X YES _____NO _____N/A 

The opening statement for the June 12, 2013, public hearing includes 

information on the notice of public hearing and instructions on how the hearing will be 

conducted. See certified hearing record transcript in Attachment C.

(h) Compilation of public comments and the State's response thereto. 
Page 3 of 4 

 X YES ____NO _____N/A 

 See AQD Exhibit 4 in Attachment B. Staff received no public comments, but 

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

2.2 Technical Support 

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

 X YES ____NO _____N/A 

This plan applies to ambient levels of NO2. 

(b) Identification of the locations of affected sources including the EPA attainment/ 

nonattainment designation of the locations and the status of the attainment plan for the 

affected area(s). 

 X YES ____NO _____N/A 

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

Limited Maintenance Plan (LMP). The designation from moderate non-attainment to 

attainment under a maintenance plan was approved for Bernalillo County on June 13, 

1996 and became effective July 15, 1996 [FR Vol. 61, No. 115, 29970-3]. The 

maintenance plan was revised and was approved in the Federal Register on May 24, 

2000, effective the same day [FR Vol. 65, No. 101, 33455-61]. The Albuquerque - 

Bernalillo County Air Quality Control Board adopted a Limited Maintenance Plan for 

Carbon Monoxide on July 14, 2004, which was approved in the Federal Register on 

7/21/05 effective 8/22/05 [FR Vol. 70, No. 139, 41963-7]. 

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

estimates of changes in current actual emissions from affected sources or, where 

appropriate, quantification of changes in actual emissions from affected sources through 

calculations of the differences between certain baseline levels and allowable emissions 

anticipated as a result of the revision. 

_____YES _____NO X N/A 

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

significant deterioration increments, reasonable further progress demonstration, and 

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

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

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

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

as required by Section 175A of the Act. 

 X YES _____NO _____N/A 

Plan mirrors Federal guidance language, and does not reduce stringency. 
Page 4 of 4 

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

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

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

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

adequacy of the modeling analysis. 

_____YES ____NO X N/A 

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

reduction technology. 

___YES _____NO X N/A 

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

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

__X___YES _____NO N/A 

See Plan 

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

practice. 

___X__YES ___NO N/A 

See Plan 

(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 
Attachment A 

Contains a copy of the NO2 NAAQS Infrastructure SIP, 

adopted June 12, 2013, signed by the Board Chair. 
ALBUQUERQUE - BERNALILLO COUNTY 

AIR QUALITY CONTROL BOARD 

STATE IMPLEMENTATION PLAN FOR AIR QUALITY (SIP) 

TO ADDRESS INFRASTRUCTURE REQUIREMENTS OF SECTION 

110(a)(2)(A)-(M) OF THE CLEAN AIR ACT (CAA) TO IMPLEMENT THE 

2010 NITROGEN DIOXIDE (N02) NATIONAL AMBIENT AIR QUALITY 

STANDARD (NAAQS) 

Adopted 

June 12, 2013 
ACKNOWLEDGEMENTS IN THE PREPARATION OF THIS DOCUMENT 

Neal Butt, Environmental Health Scientist 

Control Strategies Section, Air Quality Division (AQD) 

Principal Author, Editor, SIP Submittal 

Margaret Nieto, Control Strategies Supervisor, AQD 

Project Oversight 

Air Quality Monitoring and Assurance Section 

Air Monitoring and Data Program Information 

Regulatory Development Committee, AQD 

Peer Review 

Thanks to the New Mexico Environment Department, Air Quality Bureau, and the Texas 

Commission on Environmental Quality, for sharing their Infrastructure SIPs, as well as 

comments received by EPA. 

Nitrogen Dioxide Infrastructure SIP 

Page 2 of22 
Executive Summary 

"N02 is a reddish-brown, highly reactive gas that is formed in the ambient air through the 

oxidation of nitric oxide (NO). Nitrogen oxides (NOx) is the term used to describe the sum of 

NO, N02, and other oxides of nitrogen. A variety of NOx compounds and their transformation 

products occur both naturally and as a result of human activities. Anthropogenic (i.e. manmade) 

emissions of NOx account for a large majority of all nitrogen inputs to the environment. The 

major sources of anthropogenic NOx emissions are high temperature combustion processes, such 

as those occurring in automobiles and power plants. Most NOx from combustion sources (about 

95 percent) are emitted as NO, which is readily converted to N02 in the environment; the 

remainder is emitted largely as N02. Natural sources of NOx are lightning, biological and 

abiological processes in soil, and stratospheric intrusion." [p. 9533 Federal Register, VoL 77, 

No. 33, 2/17/12] ( http://www.gpo.gov/fdsys/pkg!FR-2012-02-17/pdf/2012-3150.pdfflpage=1 ) 

On January 22, 2010, the Administrator of the U.S. Environmental Protection Agency (EPA), 

Lisa Jackson, promulgated a new NAAQS for N02, effective April 12, 2010 [FR Vol. 75, No. 

26, 6474-6537, February 9, 2010]. Based on its review of the air quality criteria for oxides of 

nitrogen and the primary NAAQS for oxides of nitrogen as measured by N02, EPA has made 

revisions to the primary N02 NAAQS in order to provide requisite protection of public health. 

Specifically, EPA has established a new 1-hour standard at a level of 100 parts per billion (ppb ), 

based on the 3-year average of the 98th percentile of the yearly distribution of 1-hour daily 

maximum concentrations, to supplement the existing annual standard of 0.053 parts per million 

(ppm) I 53 parts per billion (ppb). "All areas presently meet the current (1971) N02 NAAQS, 

with annual N02 concentrations measured at area-wide monitors well below the level of the 

standard (53 ppb). Annual average ambient N02 concentrations, as measured at area-wide 

monitors, have decreased by more than 40% since 1980. Currently, the annual average N02 

concentrations range from approximately 10-20 ppb."(EPA, 2012. Nitrogen Dioxide: Basic 

Information.Accessed November 2012: http://www.epa.gov/airguality/nitrogenoxideslbasic.html 

). On February 17, 2012, the EPA designated all areas in the United States as 

"unclassifiable/attainment" for the new 1-hour N02 NAAQS [FR Vol. 77, No. 33, 9532-88, 

effective 2/29/12]. 

Pursuant to Sections 110(a)(1) and 110(a)(2) of the CAA, each State is required to submit a plan 

to provide for the implementation, maintenance, and enforcement of a newly promulgated or 

revised NAAQS within 3 years of promulgation of a new or revised standard. Section 11 0( a)( 1) 

of the CAA addresses the timing requirement for the submissions of any "Infrastructure SIP" 

revisions, while Section 110(a)(2) of the CAA lists the required elements that comprise the 

"Infrastructure SIP". Therefore, this plan or "Infrastructure SIP" addressing the requirements of 

Sections 110(a)(2)(A)--(M) of the CAA was due February 9, 2013. 

A 'SIP' identifies how the state will attain and maintain the primary and secondary NAAQS. 

The SIP contains regulations, source-specific requirements, non-regulatory items such as plans 

and inventories, and in some cases additional requirements promulgated by the EPA. The initial 

SIPs for states were approved by EPA on May 31, 1972 [FR Vol. 37, No. 105, pp. 10842-

10906]. A state may revise its SIP with EPA approval as necessary. The federally enforceable 

Nitrogen Dioxide Infrastructure SIP 

Page 3 of22 
SIP for New Mexico (including Bernalillo County) is compiled in 40 CFR Part 52.1620-1640, 

Subpart GG. 

The attached matrix outlines the requirements of Sections 11 0( a)(2)(A) through (M) of the CAA 

[codified at U.S. Code: Title 42, Chapter 85, Subchapter I, Part A, §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 

N02NAAQS. 

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, which gives the Albuquerque-Bernalillo 

County Air Quality Control Board (Air Board) and the Albuquerque Environmental Health 

Department's Air Quality Division (AQD) the authority to implement the CAA in New Mexico. 

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. 

The regulatory authority to implement CAA programs is codified in the New Mexico 

Administrative Code (NMAC), specifically Title 20, Environmental Protection, Chapter 11, 

Albuquerque-Bernalillo County Air Quality Control Board. The regulations codified at 

20.1l.X:X NMAC are part of the approved Albuquerque-Bernalillo County, New Mexico SIP 

and are cited in 40 CFR § 52.1620(c) unless otherwise stated. 

Those requirements of CAA § 11 0( a)(2) that are in the approved SIP or recently submitted SIP 

revisions relate to enforceable emission limits and schedules for compliance; monitoring, source 

testing and emissions reporting; recordkeeping and reporting requirements; and permit fees. 

Some requirements, such as intergovernmental consultation, air quality modeling, and 

compliance with Part D of Title I of the CAA, are fulfilled during the development and 

submission to EPA as a SIP revision of attainment plans. 

Nitrogen Dioxide Infrastructure SIP 

Page 4 of22 
Albuquerque-Bernalillo County, New Mexico 

§110(a)(2) SIP Requirements for the 2010 N02 NAAQS 

§ llO(a) 

Element 

§ 110(a)(2) 

§ 110(a)(2)(A) 

Emission Limits 

& Other Control 

Measures 

Summary of Provisions in the Current SIP 

Element 

Requirements 

Each 

implementation 

plan submitted 

by a State under 

this Chapter 

shall be 

adopted by the 

State after 

reasonable 

notice and 

public hearing. 

Each such plan 

shallinclude 

enforceable Albuquerque-Bernalillo County's 'enforceable emission 

emission limitations and other control measures' are authorized by the 

limitations and Air Act and those provisions of Title 20, Environment 

other control Protection, Chapter 11, Albuquerque-Bernalillo County Air 

measures, Quality Control Board, NMAC. 

means, or 

techniques Enacted in 1967, the Air Act [NM STAT ANN§§ 74-2-1 

(including through 74-2-17] allowed for the establishment of the Air 

economic Board as a local board and gave it authority to administer and 

incentives such enforce its air quality regulations within the Bernalillo County 

as fees, boundaries. 

marketable 

permits, and The City of Albuquerque and Bernalillo County adopted 

auctions or parallel ordinances by which they accepted the authority 

emissions delegated by the Air Act, established the Air Board, and 

rights), as well specified that the board shall adopt regulations consistent with 

as schedules the Air Act and adopt a plan for the regulation, control, 

and timetables prevention or abatement of air pollution. 

for compliance, 

as may be The regulations authorized by the Air Act of the New Mexico 

necessary or Statutes Annotated [NMSA 1978] are duly adopted by the Air 

appropriate to Board. 

meet the 

applicable Where these provisions relate to CAA Section 11 0 

requirements of requirements, SIP revisions have been submitted to and 

this Chapter. approved by EPA [codified at 40 CFR Part 52, Subpart GG, 

Nitrogen Dioxide Infrastructure SIP 

Page 5 of22 
§ 11 0( a)(2)(B) 

Sections 1620-1640]. The AQD has an EPA-approved air 

permitting program for both major and minor sources, which 

ensures that all applicable requirements are included in the 

source's permit. 

AQD has determined that no reductions in N02 emissions are 

required for maintenance of the 2010 N02 NAAQS. 

AQD 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 

presumptively violations, subject to affirmative defenses with 

the burden of proof on the respondent. See 20.11.49 NMAC, 

Excess Emissions. 

provide for AQD maintains a monitoring network to assess ambient 

establishment concentrations for all ofthe NAAQS and submits an Annual 

and operation Monitoring Network Plan to EPA which describes how it has 

of appropriate complied with monitoring requirements and explains any 

devices, proposed changes. Specifically, AQD currently operates a 

methods, regulatory N02 monitor in Bernalillo County (Del Norte Site, 

systems, and AIRS #35-001-0023 N-Core) which shows a 1-hour Design 

procedures Value (2008-201 0) of 55 ppb, and an Annual Design Value 

necessary to- (2008-201 0) of 12 ppb. (Table 2-1: EPA Region 6 N02 

(i) monitor, Monitor Sites in 2010, TCEQ N02 i-SIP 

compile, and httQ://www.tceg.texas.gov/assets/Qublic/imQlementation/air/siQ/ 

analyze data on no2/N02infra ado.Qdf) The area within the jurisdiction of the 

ambient air Air Board is currently in attainment for the existing annual N02 

quality; and standard. 

(ii) upon 

request, make "Based on its review of the air quality criteria for oxides of 

such data nitrogen and the primary NAAQS for oxides of nitrogen as 

available to the measured by N02, EPA has made revisions to the primary N02 

Administrator. NAAQS in order to provide requisite protection of public 

health as appropriate under Section 109 of the CAA. 

Specifically, EPA is supplementing the existing annual 

standard for N02 of 53 ppb by establishing a new short-term 

standard based on the 3-year average of the 98th percentile of 

the yearly distribution of 1-hour daily maximum 

concentrations. EPA is setting the level of this new standard at 

100 ppb. EPA is also establishing requirements for an N02 

monitoring network. .. at locations where maximum N02 

concentrations are expected to occur." [FR Vol. 75, No. 26, 

6474-6537, 2/9/10] 

Since EPA changed the form of the standard (i.e. "The form is 

the air quality statistic used to determine if an area meets the 

Nitrogen Dioxide Infrastructure SIP 

Page 6 of22 
standard." Fact Sheet Final Revisions To The National Ambient 

Air Quality Standards For Nitrogen Dioxide 

http://www.epa.gov/apti/video/pdfs/N02%20NAAQS%20Fact 

%20Sheet.pdf) and the method of data collection (i.e. nearroad monitoring), no near-road 1-hour N02 data were collected 

in the past. Consequently, the EPA utilized emissions data 

from 2006-2008 to extrapolate design values for the new 

standard in order to make preliminary area designations [FR 

Vol. 77, No. 33,9532-9588, 2/17/2012]. EPA calculations 

showed that the monitored levels ofN02 within the jurisdiction 

of the Air Board had a theoretical design value of 58 ppb, 

which indicated 'attainment' status (see 

http://www.epa.gov/air/nitrogenoxides/pdfs/N02 final design 

values 0608 Jan22.pdf). However, actual 1-hour data, to 

support these calculations will be necessary before EPA 

officially designates this area as being in 'attainment'. Hence, 

this area is neither in 'attainment' nor in 'nonattainment', but 

rather, it is 'unclassifiable'. As a consequence of this lack of 

data EPA designated all areas in the United States as 

"unclassifiable I attainment" for the 2010 N02 NAAQS, 

effective 2/29/2012. [FR Vol. 77, No. 33, 9532-9588, 

2/17/2012] 

"As part ofthe NAAQS rulemaking, the EPA promulgated 

revisions to requirements for minimum numbers of ambient 

N02 monitors that included new monitoring near major roads in 

larger urban areas. In addition, these monitoring requirements 

included requirements to characterize N02 concentrations 

representative of wider spatial scales in larger urban areas 

(area-wide monitors), and monitors intended to characterize 

N02 exposures of susceptible and vulnerable populations." 

[NPR FR Vol. 77, No. 203,64244-49, 10/19112] 

"Specifically, the requirements for these minimum monitoring 

requirements are as follows: 

The first tier of the ambient N02 monitoring network requires 

near-road monitoring (See 40 CFR Part 58, Appendix D, 

Section 4.3.2). 

''N02 monitors must be placed in proximity to road segments 

with the highest-ranked AADT levels, and no more than 50 

meters (164.042 feet) away from the edge of the nearest traffic 

lane." (Fact Sheet Final Revisions To The National Ambient 

Air Quality Standards For Nitrogen Dioxide 

http://www.eoa.gov/aoti/video/odfs/N02%20NAAQS%20Fact 

Nitrogen Dioxide Infrastructure SIP 

Page 7 of22 
%20Sheet.pdf) 

There must be one microscale near-road N02 monitoring 

station in each Core Based Statistical Area (CBSA) with a 

population of 500,000 or more persons to monitor a location of 

expected maximum hourly concentrations sited near a major 

road." [NPR FR Vol. 77, No. 203, 64244-49, 10/19/12] 

A 'CBSA' is "a concept developed by the federal Office of 

Management and Budget (OMB) in order to standardize 

geographic and population descriptions so that data from one 

federal agency may be reliably related to data from another 

federal agency without having to recheck definitions used by 

each agency." (The Complete Real Estate Encyclopedia, Evans 

& Evans, page 109: http://cdnl.media.zpcdn.com/21275/The Complete Real Estate Encyclopedia53b767.pdf). A CBSA is thus defined by the OMB as: "A 

statistical geographic entity consisting of the county or counties 

associated with at least one core (urbanized area or urban 

cluster) of at least 10,000 population, plus adjacent counties 

having a high degree of social and economic integration with 

the core as measured through commuting ties with the counties 

containing the core. Metropolitan and Micropolitan Statistical 

Areas are the two categories of Core Based Statistical Areas." 

[FR Vol. 75, No. 123, June 28, 2010, p. 37251] (see 

http://www.whitehouse.gov/sites/default/files/omb/assets/fedre 

g 2010/06282010 metro standards-Complete.pdf) 

The population within the CBSA for Albuquerque, NM (Code 

10740) was estimated to be 887, 077 in the 2010 census; and 

encompasses Bernalillo County which has a population of 662, 

564, and the City of Albuquerque, which has a population of 

545, 852. Therefore the CBSA threshold of 500,000 has been 

exceeded and, the AQD is required to install such a new nearroad monitor. (Summary o/2010 Census Data, Mid-Region 

Council of Governments, July 2010. http://www.mrcognm.gov/images/stories/pdf/census dasz/2010 Census Data/Su 

mmary of Census Data l.pdf) 

"An additional near-road N02 monitoring station is required at 

a second location of expected maximum hourly concentrations 

for any CBSA with a population of2,500,000 or more persons, 

or in any CBSA with a population of 500,000 or more persons 

that has one or more roadway segments with 250,000 or greater 

Annual Average Daily Traffic (AADT)." [NPR FR Vol. 77, 

No. 203,64244-49, 10/19/12] 

Nitrogen Dioxide Infrastructure SIP 

Page 8 of22 
The highest AADT count within the jurisdiction of the Air 

Board is 193,900, recorded on I-25 near Montgomery 

Boulevard (see http://www.mrcog-nm.gov/transportationmainmenu-67 /traffic-counts-mainmenu-263 and 

http://www .mrcognm.gov/images/stories/pdf/maps and data/traffic flow/tfm 11 u 

rban.pdf) therefore, a second monitor will not be required in 

Bernalillo County. 

"The second tier of the N02 minimum monitoring requirements 

is for area-wide N02 monitoring (See 40 CFR Part 58, 

Appendix D, Section 4.3.3). There must be one monitoring 

station in each CBSA with a population of 1,000,000 or more 

persons to monitor a location of expected highest N02 

concentrations representing the neighborhood or larger spatial 

scales. These N02 monitors are referred to as area-wide 

monitors." [NPR FR VoL 77, No. 203, 64244-49, 10/19/12] A 

second tier monitor will not be required in Bernalillo County. 

"The third tier of the N02 minimum monitoring requirements is 

for the characterization ofN02 exposure for susceptible and 

vulnerable populations (See 40 CFR Part 58, Appendix D, 

Section 4.3.4). The EPA Regional Administrators, in 

collaboration with states, must require a minimum of 40 

additional N02 monitoring stations nationwide in any area, 

inside or outside of CBS As, above the minimum monitoring 

requirements for near-road and area-wide monitors, with a 

primary focus on siting these monitors in locations to protect 

susceptible and vulnerable populations." [NPR FR Vol. 77, 

No. 203, 64244-49, 10/19/12] A third tier monitor will not be 

required in Bernalillo County. 

"All three tiers of the N02 minimum monitoring requirements 

are to be submitted to the EPA for approvaL Currently, 40 

CFR 58.10 and 58.13 require states to submit a plan (i.e. 

Annual Monitoring Network Plan) for establishing all required 

N02 monitoring sites to the EPA Administrator by July 1, 

2012." [NPR FR Vol. 77, No. 203,64244-49, 10/19/12] 

However, EPA has delayed this deadline until July 1, 2016. In 

addition, EPA has amended 40 CFR 58.10(a)(5) "so that state 

and local air monitoring agencies are required to submit their 

N02 monitoring network plans to their respective EPA 

Regional Administrator instead of the EPA Administrator for 

approval." [FR Vol. 78, No. 50, 16184-8, 3/14/13] 

Nitrogen Dioxide Infrastructure SIP 

Page 9 of22 
§ 11 O(a)(2)(C) 

"Further, these plans shall provide for all required monitoring 

stations to be operational by January 1, 2013." [NPR FR Vol. 

77, No. 203,64244-49, 10/19/12] However, EPA has delayed 

this deadline until January 1, 2017 for CBSAs with a 

population of more than 500,000 but fewer than 1 million. [FR 

Vol. 78, No. 50, 16184-8, 3/14/13] 

"State and local air agencies are required to consider traffic 

volumes, fleet mix, roadway design, traffic congestion patterns, 

local terrain or topography, and meteorology in determining 

where a required near-road N02 monitor should be placed. In 

addition, there are other factors that affect the selection and 

implementation of a near-road monitoring station, including 

satisfying siting criteria, favorable site logistics (e.g., gaining 

access to property and safety), and consideration of population 

exposure." (Near-Road N02 Monitoring Technical Assistance 

Document 

htt]2://www.eJ2a.gov/ttnamti1/files/nearroad/NearRoadTAD.]2df 

) 

To address these requirements, the AQD participated in the 

2011 N02 Roadside Pilot Project and submitted data from 

several candidate N02 monitoring sites to EPA, and is 

coordinating with EPA to determine the best monitoring site 

location. 

EPA anticipates that it will take three years to install a new 

monitoring network, plus an additional three years of 

monitoring thereafter in order to determine compliance with the 

revised standard. When EPA funding is designated for 3rd Tier 

sites the AQD will procure equipment and construct the nearroad monitor site. Once three years of data have been collected 

at the site, AQD will request that EPA redesignate Bernalillo 

County from "unclassifiable I attainment" to "attainment". 

include a AQD has established regulations governing the enforcement of 

program to control measures, including attainment plans and permitting 

provide for programs that regulate construction and modification of 

enforcement of stationary sources. See 20.11.41 NMAC, Operating Permits, 

the measures in 20.11.60 NMAC, Permitting in Nonattainment Areas, and 

§ JIO(a)(2)(A), 20.11.61 NMAC, Prevention of Significant Deterioration. 

and regulation AQD's Prevention of Significant Deterioration (PSD) program 

of the applies to sources that emit greenhouse gases in accordance 

mod{fication with EPA's tailoring rule. See 20.11.61.7.CCC NMAC. 

and 

construction of EPA requires that any i-SIP submittal should address any new 

Nitrogen Dioxide Infrastructure SIP 

Page 10 of22 
§ 11 0( a)(2)(D) 

Interstate 

Transport 

any stationary or revised PSD program requirements. On October 20, 2010, 

source within the EPA promulgated "PSD for PM2.5 - Increments, Significant 

the areas Impact Levels (SILs) and Significant Monitoring Concentration 

covered by the (SMC)", effective 12/20/10 [Federal Register Vol. 75, No. 202, 

plan as 64864-907]. To address this federal rulemaking, the AQD is 

necessary to proposing to amend the PSD regulation for Albuquerque -

assure that Bernalillo County to incorporate the PM2.5 PSD increment 

NAAQSare requirements. On January 29, 2013 filed Air Quality Control 

achieved, Board Petition No. 2013-1, Petition to Amend 20.11.60 

including a NMAC, Permitting In Nonattainment Areas; 20.11.61 NMAC, 

permit program Prevention Of Significant Deterioration; and 20.11.42 NMAC, 

as required in Operating Permits. The Amendments to 20.11.42 NMAC are 

Parts C andD proposed as a revision to the Title V Operating Permit Program, 

of this and the amendments to 20.11.60 NMAC and 20.11.61 NMAC 

Subchapter. are proposed as a revision to the New Mexico State 

Implementation Plan for Air Quality (SIP). EPA's 10/20/10 

rule specifically affects 40 CFR 51.165, and has been 

incorporated into AQD's proposed draft of20.11.60 NMAC. 

The 10/20/10 rule amendments also atTect 40 CFR 51.166 and 

52.21 and have been incorporated into AQD's proposed draft of 

20.11.61 NMAC. One exception is for an amendment that 

would have been inserted at 20.11.61.15.B.(2) NMAC, 

regarding "SILs" (see 40 CFR 51.166.(k)(2) & 52.21(k)(2)), 

but which EPA has conceded to be vacated and remanded to 

EPA, in response to Sierra Club v. EPA. Another exception is 

the proposed SMC for PM2.s at 20.11.61.28 NMAC which was 

also vacated by the US Court of Appeals [Case No. 10-1413, 

decided January 22, 2013]. 

The Bernalillo County Ordinance 88-45 provides the AQD with 

authority to enforce permitting provisions, and provides for 

assessment of administrative enforcement actions and 

administrative penalties for violations of those permit terms and 

conditions. The EPA approved incorporation of Ordinance 88-

45 into the Albuquerque- Bernalillo County SIP in a June 1, 

1999 rulemaking [ 64 FR 2923 5]. Bernalillo County has since 

amended this ordinance and recodified it as Bernalillo County 

Ordinance, Chapter 30, Environment; Article II, Air Pollution; 

Sec. 30-31 to 30-47 [Ordinance No. 94-5, Revised 2/2/1994]. 

AQD has proposed a revision to the State Boards SIP to 

incorporate all of the currently effective applicable ordinances 

in order to update their authority to enforce said provisions. 

contain "New Mexico does not currently have any N02 nonattainment 

adequate areas nor is the state in close proximity to any other N02 

provisions- nonattainment areas ... New Mexico has twelve (12) major 

(i) sources ofN02 in the state. Total point source emissions for 

Nitrogen Dioxide Infrastructure SIP 

Page 11 of22 
prohibiting any N02 in New Mexico equals 59,553 tons per year (tpy) and 

source or other 84,181 tpy for mobile source emissions (based on the 2008 

type of National Emission Inventory). Of these emissions, 17,702 tpy 

emissions were emitted by the San Juan Generating Station, which will be 

activity from subject to Best Available Retrofit Technology (BART) 

emitting any air requirements under a state or federal implementation plan." 

pollutant in 

amounts which Bernalillo County is located within New Mexico, and 

will: consequently, does not have any NOz nonattainrnent areas 

(I) contribute either, nor is the county in close proximity to any other N02 

significantly to nonattainment areas. 

nonattainment 

in, or interfere Bernalillo County has 26 major and synthetic minor sources of 

with NOx. Total point source emissions for NOx in Bernalillo 

maintenance by, County equals 1,101 tons per year (tpy) and 12,765 tpy for 

any other State onroad mobile source emissions (based on the 2008 National 

with respect to Emissions Inventory). Total emissions ofNOx for all sectors 

any such combined are 17,975.76. 

national 

primary or Albuquerque- Bernalillo County has a SIP-approved PSD and 

secondary nonattainment new source review (NNSR) permitting program 

ambient air that contains requirements for sources of air pollutants to obtain 

quality an approved permit before beginning construction of a facility 

standard, or and before modifying an existing facility (see § 11 O(a)(2)(C) 

(II) interfere above). 

with measures 

required to be Consistent with 40 CFR 51.166( q)(2)(iv), Albuquerqueincluded in the Bernalillo County's PSD program requires that: 

applicable 

implementation "C. Within one year after receipt of a complete application, the 

planforany department shall: 

other State (4) Send a copy ofthe notice of public comment to: 

under Part C of (a) the applicant; 

this Subchapter (b) the administrator; and 

to prevent (c) officials and agencies having jurisdiction over the 

significant location where the proposed construction would occur as 

deterioration of follows: any other state or local air pollution control agencies; 

air quality or to the chief executives of the city and county where the source 

protect would be located; any comprehensive regional land use 

visibility, planning agency; and any state, federal land manager, or Indian 

(ii) insuring governing body whose lands may be affected by emissions 

compliance with from the source or modification." [20.11.61.2l.C.( 4) NMAC] 

the applicable 

requirements of EPA requires that any i-SIP submittal should address any new 

CAA Sections § or revised PSD program requirements. On October 20, 2010, 

126 and 115 the EPA promulgated "PSD for PMz.s - Increments, Significant 

Nitrogen Dioxide Infrastructure SIP 

Page 12 of22 
[Sections 7426 Impact Levels (SILs) and Significant Monitoring Concentration 

& 7415 of this (SMC)", effective 12/20/10. [Federal Register Vol. 75, No. 

Title] (relating 202, 64864-907]. To address this federal rulemaking, the AQD 

to interstate and is proposing to amend the PSD regulation for Albuquerque -

international Bernalillo County to incorporate the PM2.5 PSD increment 

pollution requirements. On January 29, 2013 filed Air Quality Control 

abatement). Board Petition No. 2013-1, Petition to Amend 20.11.60 

NMAC, Permitting In Nonattainment Areas; 20.11.61 NMAC, 

Prevention Of Significant Deterioration; and 20.11.42 NMAC, 

Operating Permits. The Amendments to 20.11.42 NMAC are 

proposed as a revision to the Title V Operating Permit Program, 

and the amendments to 20.11.60 NMAC and 20.11.61 NMAC 

are proposed as a revision to the New Mexico State 

Implementation Plan for Air Quality (SIP). EPA's 10/20/10 

rule specifically affects 40 CFR 51.165, and has been 

incorporated into AQD's proposed draft of20.11.60 NMAC. 

The 10/20/10 rule amendments also affect 40 CFR 51.166 and 

52.21 and have been incorporated into AQD's proposed draft of 

20.11.61 NMAC. One exception is for an amendment that 

would have been inserted at 20.11.61.15.B.(2) NMAC, 

regarding "SILs" (see 40 CFR 51.166.(k)(2) & 52.21 (k)(2)), 

but which EPA has conceded to be vacated and remanded to 

EPA, in response to Sierra Club v. EPA. Another exception is 

the proposed SMC for PM2.s at 20.11.61.28 NMAC which was 

also vacated by the US Court of Appeals [Case No. 10-1413, 

decided January 22, 2013]. 

Albuquerque - Bernalillo also has a SIP-approved Regional 

Haze program. [Federal Register Vol. 77, No. 230, 71119-29, 

11129/12] 

Therefore, based on monitored N02 concentrations indicating 

design values below the level of the standard, the lack ofN02 

nonattainment areas in New Mexico, (including Bernalillo 

County) or within close proximity, and SIP-approved PSD, 

NNSR, and Regional Haze Programs, AQD has concluded that 

N02 emissions from Bernalillo County: 

Do not interfere with the measures required to implement 

prevention of significant deterioration or for the protection of 

visibility in any other state[§ 11 O(a)(2)(D)(i)(II)]; and 

Do not preclude the state from insuring compliance with CAA 

§§ 126 and 115. [§ 110(a)(2)(D)(ii)]. 

However, due to the instability of the regulatory landscape 

Nitrogen Dioxide Infrastructure SIP 

Page 13 of22 
§ 11 O(a)(2)(E)(i) 

caused by litigation surrounding the Clean Air Interstate Rule 

(CAIR) and the Cross-State Air Pollution Rule (CASPR) (e.g. 

the August 21, 2012 US Court of Appeals for the District of 

Columbia Circuit decision vacating CASPR), and the delayed 

publication of EPA's guidance document for the N02 i-SIP, 

AQD is withdrawing the § 11 0( a)(2)(D)(i)(l) element of this iSIP from consideration by EPA as a revision to the SIP. This 

element will be submitted separately and will include a 

technical analysis to support AQD's contention that 

Albuquerque - Bernalillo County is capable of implementing 

this element of the N02 i-SIP. [§ 110(a)(2)(D)(i)(l)] 

Provide: New Mexico Statute§ 74-2-5 Duties and powers; 

(i) necessary environmental improvement board; local board, gives the Air 

assurances that Board authority to develop, implement and enforce the SIP. 

the State (or, 

except where § 74-2-5 also provides the Air Board adequate legal authority to 

the adopt emission standards and compliance schedules applicable 

administrator to regulated entities, and to adopt emission standards and 

deems limitations and any other measures necessary for attainment 

inappropriate, and maintenance of national standards. 

the general 

purpose local In addition, § 74-2-5 provides the Air Board adequate legal 

government or authority to enforce applicable laws, regulations, standards, and 

governments, or compliance schedules, and seek injunctive relief. Specifically, 

a regional § 74-2-5.1 provides the department legal authority to enforce 

agency applicable laws, regulations, standards, and compliance 

designated by schedules. 

the State or 

general purpose The funding necessary to carry out the ambient air monitoring 

local required by this implementation plan (e.g. purchase of new 

governments for equipment, installation of new site, additional staff and 

such purpose) increased operating and maintenance costs) will be provided 

will have through the CAA § 103 grant process, thereby removing "the 

adequate state burden of providing matching funds." [NPR FR Vol. 77, 

personnel, No. 203, 64244-49, 10/19/12] 

funding, and 

authority under No organizations outside of AQD will participate in 

State (and, as implementing or enforcing this SIP. AQD has adequate 

appropriate, personnel to implement the SIP with respect to N02 

local) law to requirements. Should EPA determine that AQD lacks adequate 

carry out such personnel to carry out the SIP, EPA may issue a finding with 

implementation respect to that deficiency, which AQD would have a legal 

plan (and is not obligation to correct. 

prohibited by 

any provision of The Bernalillo County Ordinance 88-45 provides the AQD with 

Nitrogen Dioxide Infrastructure SIP 

Page 14 of22 
§ 110(a)(2)(E)(ii) 

§ 11 O(a)(2)(E)(iii) 

§ 110( a )(2 )(F) 

Stationary 

Source 

Federal or State authority to enforce permitting provisions, and provides for 

law .from assessment of administrative enforcement actions and 

carrying out administrative penalties for violations of those permit terms and 

such conditions. The EPA approved incorporation of Ordinance 88-

implementation 45 into the Albuquerque - Bernalillo County SIP in a June 1, 

plan or portion 1999 rulemaking [64 FR 29235]. Bernalillo County has since 

thereof), amended this ordinance and recodified it as Bernalillo County 

Ordinance, Chapter 30, Environment; Article II, Air Pollution; 

Sec. 30-31 to 30-47 [Ordinance No. 94-5, Revised 2/2/1994]. 

AQD has proposed a revision to the State Boards SIP to 

incorporate all of the currently effective applicable ordinances 

in order to update their authority to enforce said provisions. 

(ii) NMSA 1978 § 74-1-4 provides that the Air Board be comprised 

requirements of at least a majority of members who represent the public 

that the State interest and do not derive any significant portion of their 

comply .-vith the income from persons subject to or who appear before the board 

requirements on issues related to the CAA or Air Act. Board members are 

respecting State required to recuse themselves from rule-makings in which their 

boards under impartiality may reasonably be questioned. [20.11.82.14 

CAA Section NMAC]. 

12 8 [Section 

7428 of this 

Title}, and 

(iii) necessary Albuquerque-Bernalillo County is authorized to carry out all 

assurances that, portions ofNew Mexico's SIP within Bernalillo County (See§ 

where the State 74-2-4). NMED and the state Environmental Improvement 

has relied on a Board retain oversight authority in the event the local authority 

local or fails to act (See§ 74-2-4 (D)). 

regional 

government, 

agency, or 

instrumentality 

for the 

implementation 

of any plan 

provision, the 

State has 

responsibility 

for ensuring 

adequate 

implementation 

of such plan 

provision. 

require, as may Regulatory requirements have been codified at 20.11.41 

be prescribed NMAC, Authority to Construct, 20.11.42 NMAC Operating 

by the Permits, 20.11.60 NMAC, Permitting in Nonattainment Areas 

Nitrogen Dioxide Infrastructure SIP 

Page 15 of22 
Monitoring 

System 

§110(a)(2)(G) 

Emergency 

Administrator: (pertaining to sampling and testing) and 20.11.49 NMAC, 

(i) the Excess Emissions. 

installation, 

maintenance, Requirements in 20.11.47 NMAC, Emission Inventory 

and Requirements provide for the reporting of emissions inventories 

replacement of in a format established by AQD on a schedule prescribed by the 

equipment, and regulation. 

the 

implementation Albuquerque-Bernalillo County's enforceable emission 

of other limitations and other control measures are addressed in the Air 

necessary steps Act and those provisions of Chapter 11 of New Mexico's 

by owners or Administrative Code Title 20. 

operators of 

stationary 20.11.90 NMAC, Source Surveillance; Administration and 

sources to Enforcement, establishes the general requirements for 

monitor maintaining records and reporting emissions, including record 

emissions from keeping, data submissions, and public access to emissions data. 

such sources, 

(ii) periodic (See also: NMSA 74-2-7(D)(l)(a) & (2) -"The department or 

reports on the the local agency may specify conditions to any permit granted 

nature and under this section, including: (1) for a construction permit: (a) a 

amounts qf requirement that such source install and operate control 

emissions and technology, determined on a case-by-case basis, sufficient to 

emissions- meet the standards, rules and requirements of the Air Quality 

related data Control Act and the federal act .... (2) for an operating permit, 

from such terms and conditions sufficient to ensure compliance with the 

sources, and applicable standards, rules and requirements pursuant to the Air 

(iii) Quality Control Act and the federal act."; NMSA 74-2-11, 

correlation of Confidential Information; NMSA 74-2-13, Inspection; and The 

such reports by Inspection OfPublic Records Act, NMSA 1978, Chapter 14, 

the State agency Article 2.) 

with any 

emission 

limitations or 

standards 

established 

pursuant to this 

Act [Chapter], 

which reports 

shall be 

available at 

reasonable 

times for public 

inspection; 

provide for Pursuant to 40 CFR 51, Subpart H, Prevention of Air Pollution 

authority Emergency Episodes, On January 26, 1989, the Air Board 

Nitrogen Dioxide Infrastructure SIP 

Page 16 of22 
Power 

§110(a)(2)(H) 

comparable to adopted the Air Pollution Episode Contingency Plan for 

that in CAA Bernalillo County [8/21/91, 56 FR 38074; 40 CFR 52.1639, 

Section 303 Prevention of Air Pollution Emergency Episodes], that covers 

[Section 7603 air pollution episodes and the occurrence of an emergency due 

ofthis Title] to the effects of the pollutants on the health of persons. 

and adequate 

contingency 

plans to 

implement such 

authority. 

provide for Albuquerque-Bernalillo County's SIP is a compilation of 

revision of such regulations, plans, and submittals that act to improve and 

plan: maintain air quality in accordance with national standards. The 

(i} from time to authority to develop or revise the SIP is based on the authority 

time as may be to adopt new regulations, revise existing regulations, to meet 

necessary to the NAAQS. NMSA 1978 § 74-7-5 gives the Air Board 

take account of authority to perform these functions. § 74-7-5 also provides the 

revisions of Air Board the authority to adopt regulations to abate, control, 

such national and prohibit air pollution throughout Bernalillo County in 

primary or accordance with the provisions of State Rules Act [Chapter 14, 

secondary Article 4, NMSA 1978]. Nothing in New Mexico's statutory or 

ambient air regulatory authority prohibits Albuquerque-Bernalillo County 

quality standard from revising the SIP in the event of a revision to the NAAQS. 

or the 

availability of 

improved or 

more 

expeditious 

methods of 

attaining such 

standard, and 

(ii) except as 

provided in 

Paragraph 

(3}(C}, 

whenever the 

Administrator 

finds on the 

basis of 

information 

available to the 

Administrator 

that the plan is 

substantially 

inadequate to 

attain the 

Nitrogen Dioxide Infrastructure SIP 

Page 17 of22 
§ 11 0( a)(2)(I) 

Nonattainment 

Area Plan 

Requirements 

§ 110(a)(2)(J) 

PSD 

NAAQS which it 

implements, or 

to otherwise 

comply with any 

additional 

requirements 

established 

under this Act 

{Chapter]. 

in the case ofa Compliance with the N02 standard will be evaluated with 

plan or plan submitted SIP revisions for any future nonattainment areas. 

revision for an SIP revisions related to nonattainment areas will comply with 

area designated Subpart D requirements, as applicable. The currently approved 

as a nonattainment area SIP provisions listed in 40 CFR § 52.1620-

nonattainment 1640, Subpart GG also meet Subpart D requirements. 

area, meet the 

applicable 

requirements of 

Part D of this 

Subchapter 

(relating to 

nonattainment 

areas); 

meet the All SIP revisions undergo public notice and hearing, which 

applicable provides for comment by the public, including local political 

requirements of subdivisions. 20.11.82 NMAC, Rulemaking Procedures -Air 

CAA § 121 Quality Control Board, stipulates notice requirements for rule 

{Section 7421 making, and is used a guide for notice requirements when 

of this Title} adopting SIPs. 

(relating to 

consultation), Air quality data from AQD's monitoring network is available to 

CAA Section the public via EPA's Air Quality System Data Mart website at: 

127 {Section http://www.epa.gov/airdata/ 

7427 ofthis Additionally, as part of the 105 grant process AQD is required 

Title] (relating to submit monitoring data to the Air Quality System (AQS) 90 

to public days after the end of a quarter. Data can also be retrieved via a 

notification), link through the AQD website: 

and Part C of http://www.cabg.gov/airgualitylairgualitvmonitoringdata.html 

this Subchapter which also contains information on the air quality index, and on 

(relating to ways the public can participate in regulatory and planning 

prevention of efforts. 

significant 

deterioration of The Air Board has adopted 20.11.61 NMAC- Prevention of 

air quality and Sign~ficant Deterioration, following the requirements outlined 

visibility at 40 CFR 52.21, Prevention of Significant Deterioration, under 

protection); CAA Section 161 [42 U.S.C.A. § 7471, Plan Requirements] for 

Nitrogen Dioxide Infrastructure SIP 

Page 18 of22 
prevention of significant deterioration. These provisions were 

first approved by EPA as part ofthe SIP [40 CFR 52.1634.(c)] 

on 12/21/1993, effective 1120/1994 [FR Vol. 58, No. 243, 

67330-34] and most recently on 9/19/12, effective 10/19/12 

[FR Vol. 77, No. 182, 58032-5]. 

EPA requires that any i-SIP submittal should address any new 

or revised PSD program requirements. On October 20, 2010, 

the EPA promulgated "PSD for PM2.5 - Increments, Significant 

Impact Levels (SILs) and Significant Monitoring Concentration 

(SMC)", effective 12/20/10 [Federal Register Vol. 75, No. 202, 

64864-907]. To address this federal rulemaking, the AQD is 

proposing to amend the PSD regulation for Albuquerque -

Bernalillo County to incorporate the PM2.s PSD increment 

requirements. On January 29, 2013 filed Air Quality Control 

Board Petition No. 2013-1, Petition to Amend 20.11.60 

NMAC, Permitting In Nonattainment Areas; 20.11.61 NMAC, 

Prevention Of Significant Deterioration; and 20.11.42 NMAC, 

Operating Permits. The Amendments to 20.11.42 NMAC are 

proposed as a revision to the Title V Operating Permit Program, 

and the amendments to 20.11.60 NMAC and 20.11.61 NMAC 

are proposed as a revision to the New Mexico State 

Implementation Plan for Air Quality (SIP). EPA's 10/20/10 

rule specifically affects 40 CFR 51.165, and has been 

incorporated into AQD's proposed draft of20.11.60 NMAC. 

The 10/2011 0 rule amendments also affect 40 CFR 51.166 and 

52.21 and have been incorporated into AQD's proposed draft of 

20.11.61 NMAC. One exception is for an amendment that 

would have been inserted at 20.11.61.15.8.(2) NMAC, 

regarding "SILs" (see 40 CFR 51.166.(k)(2) & 52.21(k)(2)), 

but which EPA has conceded to be vacated and remanded to 

EPA, in response to Sierra Club v. EPA. Another exception is 

the proposed SMC for PM2.5 at 20.11.61.28 NMAC which was 

also vacated by the US Court of Appeals [Case No. 10-1413, 

decided January 22, 2013]. 

20.11.61 NMAC, Prevention of Significant Deterioration, 

includes procedures for protection of visibility in Class I areas. 

In addition, AQD submitted Albuquerque-Bernalillo County's 

Second Amended Regional Haze SIP to EPA in August, 2011. 

EPA proposed approval of the SIP in their Notice of Proposed 

Rulemaking on 4/15/12 [FR Vol. 77, No. 80, 24768-92]. 

Regional Administrator Ron Curry signed the Federal Register 

approving this SIP on 11/13/12, effective 12/31112 [FR Vol. 77, 

No. 230, 71119-29, 11129/12]. This submittal will provide 

further visibility protection and improvements to federal Class I 

Nitrogen Dioxide Infrastructure SIP 

Page 19 of22 
§ 11 O(a)(2)(K) 

Air Quality 

Modeling I Data 

§110(a)(2)(L) 

Permitting Fees 

areas. 

provide for: AQD has the authority and technical capability to conduct air 

(i) the quality modeling in order to assess the effect on ambient air 

performance of quality of relevant pollutant emissions; and can provide 

such air quality relevant data as part of the permitting and NAAQS 

modeling as the implementation processes. AQD follows EPA guidelines for 

Administrator air dispersion modeling. (e.g. Appendix W) 

may prescribe 

for the purpose Upon request, AQD will submit current and future data relating 

of predicting to such air quality modeling to EPA. 

the effect on 

ambient air 

quality ofany 

emissions of 

any air 

pollutant for 

which the 

Administrator 

has established 

aNAAQS, and 

(ii) the 

submission, 

upon request, of 

data related to 

such air quality 

modeling to the 

Administrator; 

require the The fee requirements of20.11.2 NMAC, Fees were approved 

owner or by EPA as meeting the CAA requirements and were 

operator of incorporated into the New Mexico SIP [Bernalillo County: 

each major 5/24/12, FR Vol. 77. No. 101, 30900-2, effective 6/25/12]. 

stationary Albuquerque-Bernalillo County's Title V operating permit 

source to pay program codified at 20.11.42 NMAC, Operating Permits, was 

to the approved by EPA on 9/8/04. [FR Vol. 69, No. 173, pp. 54244-

permitting 47, effective 1118/04] 

authority, as a 

condition of 

any permit 

required under 

this Act 

[Chapter], a 

fee sufficient to 

cover-

(i) the 

reasonable 

costs of 

Nitrogen Dioxide Infrastructure SIP 

Page 20 of22 
§ 11 O(a)(2)(M) 

reviewing and 

acting upon 

any application 

for such a 

permit, and 

(ii) if the owner 

or operator 

receives a 

permit for such 

source, the 

reasonable 

costs of 

implementing 

and enforcing 

the terms and 

conditions of 

any such permit 

(not including 

any court costs 

or other costs 

associated with 

any 

enforcement 

action), 

until such fee 

requirement is 

superseded with 

respect to such 

sources by the 

Administrator's 

approval of a 

fee program 

under Title V 

[Subchapter V 

of this 

Chapter]; 

provide for New Mexico State Statute § 74-2-5.2 State Air Pollution 

consultation Control Agency; Specific Duties And Powers Of The 

and Department, states that: "The department is the state air 

participation pollution control agency for all purposes under federal 

by local legislation relating to pollution. The department shall: 

political A. take all action necessary to secure for the state and its 

subdivisions political subdivisions the benefits of federal legislation; 

affected by the B. advise, consult, contract with and cooperate with local 

plan. authorities, other states, the federal government and other 

interested persons or groups in regard to matters of common 

Nitrogen Dioxide Infrastructure SIP 

Page 21 of22 
interest in the field of air quality control and initiate 

cooperative action between a local authority and the 

department, between one local authority and another or among 

any combination of local authorities and the department for 

control of air pollution in areas having related air pollution 

problems that overlap the boundaries of political subdivisions; 

and 

C. enter into agreements and compacts with adjoining states 

and Indian tribes, where appropriate." 

Albuquerque-Bernalillo County's public participation 

requirements and procedures fulfill the requirements for 

consultation with local political subdivisions affected by the 

SIP. 

Nitrogen Dioxide Infrastructure SIP 

Page 22 of22 
Attachment B 

Contains a copy of the Notice of Intent to present technical 

testimony (including exhibits), filed on May 28, 2013, and 

moved into the record at June 12, 2013 Air Board hearing. 
BEFORE THE ALBUQUERQUE-BERNALILLO COUNTY 

AIR QUALITY CONTROL BOARD !3 t; ~' Y 2 8 . 

IN THE MATTER OF THE PETITION TO ADOPT A STATE IMPLEMENTATION 

PLAN (SIP) FOR NITROGEN DIOXIDE (N02) TO ADDRESS SECTIONS llO(a)(l) 

AND (2) OF THE FEDERAL CLEAN AIR ACT (CAA), 42 U.S.C. § 7410(a)(l) AND (2) 

HEREAFTER REFERRED TO AS THE "N02 INFRASTRUCTURE SIP" 

Air Quality Division, 

Environmental Health Department, 

City of Albuquerque, Petitioner 

AQCB Petition No. 2013-3 

CITY OF ALBUQUERQUE'S NOTICE OF INTENT TO PRESENT TECHNICAL 

TESTIMONY 

Pursuant to 20.11.82 NMAC, Rulemaking Procedures- Air Quality Control Board, the 

Air Quality Division ("the Division") of the City of Albuquerque's Environmental Health 

Department, hereby submits its Notice of Intent (NO!) to present technical testimony in this 

proceeding. 

1. The person for whom the witness will testify. 

City of Albuquerque Environmental Health Department, Air Quality Division 

2. The name and qualifications of each technical witness. 

Neal T. Butt. Environmental Health Scientist, Control Strategies Section, Air Quality 

Division. M.S. Biology (Wildlife Biology), University of North Dakota; B.S. Biology 

(Zoology), University of New Mexico; B.A. Environmental Planning & Design, UNM; A.A.S. 

Criminal Justice, Central New Mexico Community College; A.A.S. Environmental Protection 

Technology, CNM; WERC Waste Management Certificate, UNM Chemical & Nuclear 

Notice of Intent Page I of 7 
Engineering Department. Employed by the City of Albuquerque's Environmental Health 

Department for 15 + years; the last 12 of which have been in the Air Quality Division. 

Chief responsibility is to promulgate air quality regulations and plans through the 

Albuquerque- Bernalillo County Air Quality Control Board for implementation within the 

County of Bernalillo, including research, drafting and editing of technical documents, hearing 

preparation, testifying, and submittal to EPA for approval. 

Ken Lienemann. Air Monitoring Supervisor, Air Quality Division. M.S. Remote 

Sensing, University of Tennessee and B.S. Mechanical Engineering, University of Nebraska. 

Employed by the City of Albuquerque's Environmental Health Department, Air Quality Division 

for 7 years. Previously employed by the State of New Mexico's Air Quality Bureau, Control 

Strategies (2001-2006). Mr. Lienemann oversees operation of the Bernalillo Co. Ambient Air 

Monitoring Network to ensure that equipment produces requisite data quantity and quality. Mr. 

Lienemann also interprets Bernalillo County air data in the context of local conditions and EPA 

national standards. 

Dario Rocha. Supervisor, Permitting and Technical Analysis Section, Air Quality 

Division. B.S. Mechanical Engineering, New Mexico State University. Employed by the City 

of Albuquerque's Environmental Health Department, Air Quality Division for 13 +years. 

Previously employed by the State of New Mexico, Air Quality Bureau (1997-2000). 

Mr. Rocha's chief responsibility is to supervise and direct staff in the Permitting & 

Technical Analysis Section for the Air Quality Division; assign air quality permit applications 

for NSR and Title V air permitting programs; make applicability determinations for air quality 

Notice of Intent Page 2 of 7 
permitting; review and approve portable stationary source relocations within Bernalillo County; 

prepare air quality pennits for minor and major stationary sources; ensure all air quality pennits 

for minor and major stationary sources are issued or denied within their respective regulatory or 

statutory timeframes; and ensuring that stationary source air quality emissions inventories are 

prepared in accordance with 40 CFR 51 Subpart A. 

3. Summary and Estimated Duration of Testimony 

Mr. Butt's written testimony is attached as AQD Exhibit# 4. Mr. Butt will testifY that 

the N02 NAAQS Infrastructure SIP should be adopted and submitted to EPA, as revision to the 

SIP. The Division is petitioning the Board to adopt the NOz NAAQS Infrastructure SIP, for the 

following reasons: 

A. The New Mexico Air Quality Control Act (Air Act), NMSA 1978, Sections 74-2-4 

and 74-2-S.B( I) [ 1967 as amended through 2007] authorizes and requires the Air Board to adopt, 

amend, or replace air quality regulations and to adopt air quality plans ("SIP"s) under NMSA 

1978, Section 74-2-5.B(2). 

B. On January 22, 2010, EPA Administrator, Lisa Jackson, promulgated a new 

national ambient air quality standard (NAAQS) for N02, effective April 12, 2010 [FR Vol. 75, 

No. 26,6474-6537, February 9, 2010]. Based on its review of the air quality criteria for oxides 

of nitrogen and the primary NAAQS for oxides of nitrogen as measured by nitrogen dioxide 

(N02), EPA has made revisions to the primary NOz NAAQS in order to provide requisite 

protection of public health. Specifically, EPA has established a new !-hour standard at a level of 

100 parts per billion (ppb), based on the 3-year average of the 98th percentile of the yearly 

Notice oflntent Page 3 of 7 
distribution of !-hour daily maximum concentrations, to supplement the existing annual standard 

of0.053 parts per million (ppm) (i.e. 53 ppb). 

"As part of the NAAQS rulemaking, the EPA promulgated revisions to requirements for 

minimum numbers of ambient N02 monitors that included new monitoring near major roads in 

larger urban areas. In addition, these monitoring requirements included requirements to 

characterize N02 concentrations representative of wider spatial scales in larger urban areas (areawide monitors), and monitors intended to characterize N02 exposures of susceptible and 

vulnerable populations." 

Pursuant to Sections l!O(a)(I) and IIO(a)(2) of the CAA, each State is required to submit a plan 

to provide for the implementation, maintenance, and enforcement of a newly promulgated or 

revised NAAQS within 3 years of promulgation of a new or revised standard. Section I IO(a)(I) 

of the CAA addresses the timing requirement for the submissions of any "Infrastructure SIP" 

revisions, while Section IIO(a)(2) of the CAA lists the required elements that comprise the 

"Infrastructure SIP". Therefore, this plan or "Infrastructure SIP" addressing the requirements of 

Sections I IO(a)(2)(A)--(M) of the CAA was due February 9, 2013. This "Infrastructure SIP" is a 

compilation of elements that demonstrates how Albuquerque-Bernalillo County will implement, 

maintain and enforce the revised N02 NAAQS, including: enforceable emission limitations and 

control measures, air quality monitoring and modeling, a permitting program, adequate funding and 

personnel, authority under state law to carry out the plan, emissions reporting, emergency powers, 

public participation, and fee collection. 

C. It is anticipated that the hearing will take approximately I hour or less. 

Notice of Intent Page 4 of 7 
4. Text of Recommended Revisions to the New Mexico State Implementation Plan 

The Division recommends adoption of the proposed N02 NAAQS Infrastructure SIP; as 

proposed in the Public Review Draft shown as AQD Exhibit 1 a; as amended by Staff Proposed 

Floor Amendments shown as AQD Exhibit #5. 

5. List and Description of Exhibits 

The Division has attached the following exhibits to this NO!: 

Exhibit Number 

AQD Exhibit I 

AQD Exhibit Ia 

Title of Exhibit 

Petition to adopt a State Implementation Plan (SIP) for N02 to address 

Sections IIO(a)(l) and (2) of the federal Clean Air Act (CAA), 42 U.S.C. § 

74!0(a)(l) and (2) hereafter referred to as the "N02 Infrastructure SIP". 

Public Review Draft {attached to AQD Exhibit I} showing proposed 

"N02 Infrastructure SIP" 

AQD Exhibits 2 albic Notice of Proposed Rulemaking: Including the legal advertisement of this 

hearing in the Albuquerque Journal {2a}; the New Mexico Register {2b); 

and the Air Quality Announce List Serve {2c} 

AQD Exhibit 3 alb Comments: Received from EPA, January 31,2013 {3a}; AQD response, 

February 26,2013 {3b} 

AQD Exhibit 4 Direct Testimony by Neal Butt, Air Quality Division 

AQD Exhibit 5 Staff proposed floor amendments 

6. Reservation of Rights 

This NO! is based on the Division's Petition to Amend. The Division reserves the right to 

call any person to testify and to present any exhibit in response to another notice of intent or 

public comment filed in this matter or to any testimony or exhibit offered at the public hearing. 

Notice of Intent Page 5 of 7 
The Division also reserves the right to call any person as a rebuttal witness and to present any 

exhibit in support thereof. 

Notice oflntent Page 6 of 7 

Respectfully submitted, 

Neal Butt 

Environmental Health Scientist 

Air Quality Division 

Environmental Health Department 

One Civic Plaza, NW, Suite 3023 

Albuquerque, New Mexico 87103 

(505) 768-2660 
CERTIFICATION 

I hereby certify that on May 28,2013, an original and 15 copies of this NOI, with attached 

exhibits were delivered to the following person for filing. 

Elizabeth Jones 

Air Quality Control Board Liaison 

Air Quality Division 

Environmental Health Department 

One Civic Plaza, NW, Room 3023 

Albuquerque, New Mexico 87103 

And that on May 28,2013, a copy of this NO! with attached exhibits was sent to the Attorney for 

the Board, Bill Grantham, at the following e-mail address: 

wgg;rantham@gmail.com 

Notice of Intent Page 7 of 7 

~ 

~?;;(~ Environmental Health Scientist 

Air Quality Division 

Environmental Health Department 
ALBUQUERQUE-BERNALILLO COUNTY 

AIR QUALITY CONTROL BOARD 13 FEB 25 P" ~ 

IN THE MATTER OF THE PETITION TO ADOPT A STATE 

IMPLEMENTATION PLAN (SIP) FOR NITROGEN DIOXIDE (N02) TO 

ADDRESS SECTIONS llO(a)(l) AND (2) OF THE FEDERAL CLEAN AIR ACT 

(CAA), 42 U.S.C. § 7410(a)(l) AND (2) HEREAFTER REFERRED TO AS THE 

"N02 INFRASTRUCTURE SIP" 

Air Quality Division, 

Environmental Health Department, 

City of Albuquerque, Petitioner 

AQCB Petition No. 2013-3 

Petition to adopt a State Implementation Plan (SIP) for N02 to address Sections 

llO(a)(l) and (2) of the federal Clean Air Act (CAA), 42 U.S.C. § 7410(a)(l) and (2) 

hereafter referred to as the "N02 Infrastructure SIP". 

I. The City of Albuquerque, by and through the Air Quality Division (AQD) of 

the Environmental Health Department, asks the Albuquerque - Bernalillo County Air 

Quality Control Board (Air Board) to adopt a State Implementation Plan (SIP) to address 

Sections IIO(a)(l) and (2) of the federal Clean Air Act (CAA), 42 U.S.C. § 74IO(a)(l) 

and (2) hereafter referred to as the "N02 Infrastructure SIP". If adopted, this new SIP 

will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision to the 

current SIP. This Petition includes a request for a hearing on these matters and 

permission to provide a court reporter and hearing officer for the hearing. As grounds, 

Petitioner states the following: 

I. The New Mexico Air Quality Control Act (Air Act), NMSA 1978, Sections 

74-2-4 and 74-2-S.B( I) [1967 as amended through 2007] authorizes and requires the Air 

I 
Board to adopt, amend, or replace air quality regulations and to adopt air quality plans 

(SIPs) under NMSA 1978, Section 74-2-5.B(2). 

2. On January 22,2010, EPA Administrator, Lisa Jackson, promulgated a 

new national ambient air quality standard (NAAQS) for N02, effective April 12, 2010 

[FR Vol. 75, No. 26, 6474-6537, February 9, 2010]. Based on its review of the air 

quality criteria for oxides of nitrogen and the primary NAAQS for oxides of nitrogen as 

measured by nitrogen dioxide (N02), EPA has made revisions to the primary N02 

NAAQS in order to provide requisite protection of public health. Specifically, EPA has 

established a new !-hour standard at a level of I 00 parts per billion (ppb), based on the 3-

year average of the 98th percentile of the yearly distribution of !-hour daily maximum 

concentrations, to supplement the existing annual standard of0.053 parts per million 

(ppm) (i.e. 53 ppb ). 

'As part of the NAAQS rulemaking, the EPA promulgated revisions to requirements for 

minimum numbers of ambient N02 monitors that included new monitoring near major 

roads in larger urban areas. 1n addition, these monitoring requirements included 

requirements to characterize N02 concentrations representative of wider spatial scales in 

larger urban areas (area-wide monitors), and monitors intended to characterize N02 

exposures of susceptible and vulnerable populations.' 

Pursuant to Sections llO(a)(l) and 110(a)(2) of the CAA, each State is required to submit 

a plan to provide for the implementation, maintenance, and enforcement of a newly 

promulgated or revised NAAQS within 3 years of promulgation of a new or revised 

2 
standard. Section IIO(a)(l) of the CAA addresses the timing requirement for the 

submissions of any "Infrastructure SIP" revisions, while Section II O(a)(2) of the CAA 

lists the required elements that comprise the "Infrastructure SIP". Therefore, this plan or 

"Infrastructure SIP" addressing the requirements of Sections IIO(a)(2)(A)--(M) of the 

CAA is due February 9, 2013. This "Infrastructure SIP" is a compilation of elements that 

demonstrates how Albuquerque-Bernalillo County will implement, maintain and enforce 

the revised N02 NAAQS, including: enforceable emission limitations and control 

measures, air quality monitoring and modeling, a permitting program, adequate funding and 

personnel, authority under state law to carry out the plan, emissions reporting, emergency 

powers, public participation, and fee collection. 

3. It is anticipated that the hearing will take approximately I hour or less. 

4. The Public Review Draft for the proposed "N02 Infrastructure SIP" is attached 

as AQD Exhibit #I a. 

3 
Respectfully submitted, 

estmoreland, P.E. 

Deputy Director 

Environmental Health Department 

City of Albuquerque 

One Civic Plaza, NW, Suite 3023 

Albuquerque, New Mexico 87103 

(505) 768-2706 

CERTIFICATION 

I hereby certify that a copy of this Petition to adopt a State Implementation Plan (SIP) 

to address Sections UO(a)(l) and (2) of the federal Clean Air Act (CAA), 42 U.S.C. § 

7410(a)(l) and (2) hereafter referred to as the "N01 Infrastructure SIP" was 

delivered to the following person on February 26, 2013. 

Margaret Nieto 

Secretary to the Air Quality Control Board 

Environmental Health Department 

One Civic Plaza, NW, Room 3023 

Albuquerque, New Mexico 87103 

and that a copy was provided to 

Bill Grantham, Attorney to the Air Quality Control Board 

at bill.grantham@state.nm.us. 

Bill Westmoreland 

Deputy Director 

Environmental Health Department 

City of Albuquerque 

4 
• AQD EXHIBIT 

~ la 

I 

ALBUQUERQUE-BERNALILLO COUNTY 

2 AIR QUALITY CONTROL BOARD 

3 

4 State Implementation Plan for Air Quality (SIP) 

5 

6 To Address Infrastructure Requirements of 

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

8 (CAA) to Implement the 2010 Nitrogen Dioxide 

9 (N02) National Ambient Air Quality Standard 

10 (NAAQS) 

II 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

"Infrastructure SIP" 

Public Review Draft 

February 26, 2013 

Adopted 

Month, Day, Year 

25 Mx. XXXX XXXXX, Chair 

26 Albuquerque-Bernalillo County Air Quality Control Board 
I ACKNOWLEDGEMENTS IN THE PREPARATION OF THIS DOCUMENT 

2 

3 

4 Neal Butt, Environmental Health Scientist 

5 Control Strategies Section, Air Quality Division (AQD) 

6 Principal Author, Editor, SIP Submittal 

7 

8 Margaret Nieto, Control Strategies Supervisor, AQD 

9 Project Oversight 

10 

II Air Quality Monitoring and Assurance Section 

12 Air Monitoring and Data Program Information 

13 

14 Regulatory Development Committee, AQD 

15 Peer Review 

16 

17 

18 Thanks to the New Mexico Environment Department, Air Quality Bureau, and the Texas Commission on 

19 Environmental Quality, for sharing their Infrastructure SIPs, as well as comments received by EPA. 

20 

Nitrogen Dioxide Infrastructure SIP· [EPA Stal,osslol;,r] Public Review Draft, [12'11 '12]2/26/13 

Page 2 of16 
Executive Summary 

2 

3 "NO:l is a reddish-brown, highly reactive gas that is formed in the ambient air through the 

4 oxidation of nitric oxide (NO). Nitrogen oxides (NOx) is the term used to describe the sum of 

5 NO, N02, and other oxides of nitrogen. A variety ofNOx compounds and their transformation 

6 products occur both naturally and as a result ofhuroan activities. Anthropogenic (i.e. manmade) 

7 emissions ofNOx account for a large majority of all nitrogen inputs to the environment. The 

8 major sources of anthropogenic NOx emissions are high temperature combustion processes, such 

9 as those occurring in automobiles and power plants. Most NOx from combustion sources (about 

10 95 percent) are emitted as NO, which is readily converted to N02 in the environment; the 

II remainder is emitted largely as NO:l. Natural sources ofNOx are lightning, biological and 

12 abiological processes in soil, and stratospheric intrusion." [p. 9533 Federal Register, Vol. 77, 

13 No. 33, 2/17/12] ( http://www.gpo.govlfdsys/pkgJFR-2012-02-171odl72012-3 150.pdfllpage=l ) 

14 

15 On January 22, 2010, the Administrator of the U.S. Environmental Protection Agency (EPA), 

16 Lisa Jackson, promulgated a new NAAQS for N02, effective Aprill2, 2010 [FR Vol. 75, No. 

17 26,6474-6537, February 9, 2010]. Based on its review of the air quality criteria for oxides of 

18 nitrogen and the primaryNAAQS for oxides of nitrogen as measured by NOz, EPA has made 

19 revisions to the primary NOz NAAQS in order to provide requisite protection of public health. 

20 Specifically, EPA has established a new !-hour standard at a level of 100 parts per billion (ppb), 

21 based on the 3-year average of the 98th percentile of the yearly distribution of !-hour daily 

22 maximuro concentrations, to supplement the existing annual standard of 0.053 parts per million 

23 {ppm) I 53 parts per billion {ppb ). "All areas presently meet the current {1971) NOz NAAQS, 

24 with annual NO:l concentrations measured at area-wide monitors well below the level of the 

25 standard (53 ppb). Annual average ambient NO:l concentrations, as measured at area-wide 

26 monitors, have decreased by more than 40% since 1980. Currently, the annual average NOz 

27 concentrations range from approximately I 0-20 ppb."{EPA, 2012. Nitrogen Dioxide: Basic 

28 Information. Accessed November 2012: http://www.ella.gov/airguality/ni!rogenoxideslbasic.html ). On 

29 February 17, 2012, the EPA designated all areas in the United States as 

30 "unclassifiablelattainment" for the new 1-hourNOz NAAQS [FR Vol. 77, No. 33,9532-88, 

31 effective 2/29/12]. 

32 

33 Pursuant to Sections II O(a)(l) and 11 O(a)(2) of the CAA, each State is required to submit a plan 

34 to provide for the implementation, maintenance, and enforcement of a newly promulgated or 

35 revised NAAQS within 3 years of promulgation of a new or revised standard. Section 11 O(a)(l) 

36 of the CAA addresses the timing requirement for the submissions of any "Infrastructure SIP" 

37 revisions, while Section 1 I O(aX2) of the CAA lists the required elements that comprise the 

38 "Infrastructure SIP". Therefore, this plan or "Infrastructure SIP" addressing the requirements of 

39 Sections 1 JO{a)(2)(A)--(M) of the CAA is due February 9, 2013. 

40 

41 A 'SIP' identifies how the state will attain and maintain the primary and secondary NAAQS. 

42 The SIP contains regulations, source-specific requirements, non-regulatory items such as plans 

43 and inventories, and in some cases additional requirements promulgated by the EPA. The initial 

44 SIPs for states were approved by EPA on May 31, 1972 [FR Vol. 37, No. 105, pp. 10842-

45 10906]. A state may revise its SIP with EPA approval as necessary. The federally enforceable 

Nitrogen Dioxide Infrastructure SIP - [ePA Smkeheleer] f!!ll.!i£ Review Draft, [ 12/11 'l 2] 2126/13 

PageJ of16 
SIP for New Mexico (including Bernalillo County) is compiled in 40 CFR Part 52.1620-1640, 

2 Subpart GG. 

3 

4 The attached matrix outlines the requirements of Sections IIO(a)(2)(A) through (M) of the CAA 

5 [codified at U.S. Code: Title 42, Chapter 85, Subchapter I, Part A, §7410, State Implementation 

6 Plans For National Primary And Secondary Ambient Air Quality Standards] and addresses how 

7 Albuquerque-Bernalillo County, New Mexico will implement, maintain and enforce the 2010 

8 NOzNAAQS. 

9 

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

II New Mexico Air Quality Control Act(' Air Act'), Chapter 74 Environmental Improvement 

12 Article 2, Air Pollution, ofthe New Mexico Statutes, which gives the Albuquerque-Bernalillo 

13 County Air Quality Control Board (Air Board) and the Albuquerque Environmental Health 

14 Department's Air Quality Division (AQD) the authority to implement the CAA in New Mexico. 

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

16 accepted the authority delegated by the Air Act, established the Air Board, and specified that the 

17 board shall adopt regulations consistent with the Air Act and adopt a plan for the regulation, 

18 control, prevention or abatement of air pollution. 

19 

20 The regulatory authority to implement CAA programs is codified in the New Mexico 

21 Administrative Code (NMAC), specifically Title 20, Environmental Protection, Chapter II, 

22 Albuquerque-Bernalillo County Air Quality Control Board. The regulations codified at 

23 20.ll.XX NMAC are part of the approved Albuquerque-Bernalillo County, New Mexico SIP 

24 and are cited in 40 CFR § 52.1620(c) unless otherwise stated. 

25 

26 Those requirements ofCAA § 11 O(a)(2) that are in the approved SIP or recently submitted SIP 

27 revisions relate to enforceable emission limits and schedules for compliance; monitoring, source 

28 testing and emissions reporting; recordkeeping and reporting requirements; and permit fees. 

29 Some requirements, such as intergovernmental consultation, air quality modeling, and 

30 compliance with Part D of Title I of the CAA, are fulfilled during the development and 

31 submission to EPA as a SIP revision of attainment plans. 

Nitrogen Dioxide Infrastructure SIP- [liPA S!akekalder] Public Review Draft, [12,'1 )112]2126113 

Page 4 ofl6 
I 

2 

3 

§ llO(a) 

Element 

§ IIO(a)(2) 

§ IIO(a)(2)(A) 

Emission 

Limits & Other 

Control 

Measures 

§ IIO(a)(2)(B) 

Albuquerque-Bernalillo County, New Mexico 

§110(a)(2) SIP Requirements for the 2010 N01 NAAQS 

Summary of Provisions in the Current SIP 

Element 

Requirements 

Each 

implementation plan 

submitted by a State 

under this Chapter 

shall be adopted by 

the State after 

reasonable notice 

and public hearing. 

Each such plan 

shallinclude eriforceable 

emission limitations Albuquerque-Bernalillo County's 'enforceable emission limitations and other 

and other control control measures' are authorized by the Air Act and those provisions of Title 20, 

measures, means, or Environment Protection, Cbapter II, Albuquerque-Bernalillo County Air Quality 

techniques Control Board, NMAC. 

(including economic 

incentives such as Enacted in 1967, the Air Act [NM STAT ANN§§ 74-2-1 through 74-2-17] 

fees, marketable allowed for the establishment of the Air Board as a local board and gave it 

permits, and authority to administer and enforce its air quality regulations within the 

auctions or Bernalillo County boundaries. 

emissions rights), as 

well as schedules The City of Albuquerque and Bernalillo County adopted parallel ordinances by and timetables for which they accepted the authority delegated by the Air Act, established the Air 

compliance, as may Board, and specified that the board shall adopt regulations consistent with the 

be necessary or Air Act and adopt a plan for the regulation, control, prevention or abatement of 

appropriate to meet air pollution. the applicable 

requirements of this The regulations authorized by the Air Act of the New Mexico Statutes Annotated 

Chapter. [NMSA 1978] are duly adopted by the Air Board. 

Where these provisions relate to CAA Section II 0 requirements, SIP revisions 

have been submitted to and approved by EPA [codified at40 CPR Part 52, 

Subpart GG, Sections 1620-1640]. The AQD bas an EPA-approved air 

permitting program for both major and minor sources, which ensures that all 

applicable requirements are included in the source's permit. 

AQD has determined that no reductions in N02 emissions are required for 

maintenance of the 20 I 0 N02 NAAQS. 

AQD does not exempt from enforcement excess emissions that occur during 

start-up, shutdown, maintenance, or malfunction. Emissions in excess of pennit 

or regulatory limits are presumptively violations, subject to affirmative defenses 

with the burden of proof on the respondent. See 20.11.49 NMAC, Excess 

Emissions. 

provide for AQD maintains a monitoring network to assess ambient concentrations for all of 

establishment and the NAAQS and submits an Annual Monitoring Network Plan to EPA which 

operation of describes how it bas complied with monitoring requirements and explains any 

appropriate devices, proposed changes. Specifically, AQD currently operates a regulatory N02 

methods, systems, monitor in Bernalillo Coullti'_(Del Norte Site, AIRS #35-001-0023 N-Corel 

Nitrogen Dioxide Infrastructure SIP - [ePA ~lal<el!siEier] Public Review Draft, [ 12'll IJ 2] 2/26113 

Page 5 ofl6 
and procedures which shows a !-hour Design Value (2008-2010) of 55 ppb, and an Annual 

necessary to- Design Value (2008-2010) of 12 ppb. [Table 2-1: EPA Region 6 N02 Monitor 

(i) monitor, Sites in 1010, TCEQ N02 i-SIP 

compile, and (h!!l!:i/www.tceg.texas.gov/assets/11ublic/im11lementationlair/si11/no2/N02infra a 

analyze data on do.11df)] The area within the jurisdiction of the Air Board is currently in 

ambient air quality; attainment for the existing annual N02 standard. 

and 

(ii) upon request, "Based on its review of the air quality criteria for oxides of nitrogen and the 

make such data primary NAAQS for oxides of nitrogen as measured by N02, EPA has made 

available to the revisions to the primary N02 NAAQS in order to provide requisite protection of 

Administrator. public health as appropriate under Section I 09 of the CAA. Specifically, EPA is 

supplementing the existing annual standard for N02 of 53 ppb by establishing a 

new short-term standard based on the 3-year average of the 98th percentile of the 

yearly distribution of !-hour daily maximum concentrations. EPA is setting the 

level of this new standard at I 00 ppb. EPA is also establishing requirements for 

an N02 monitoring network. .. at locations where maximum N02 concentrations 

are expected to occur" [FR Vol. 75, No. 26,6474-6537, 2/9/10]. 

Since EPA changed the form of the standard (i.e. "The form is the air quality 

statistic used to determine if an area meets the standard." Fact Sheet Final 

Revisions To T1te National Ambient Air Quality Standards For Nitrogen Dioxide 

h!!l!://www.!;l1a.gov/al1tiivideo/11dfs/N02%20NAAQS%20Fact"/o20Sheet.J2df) 

and the method of data collection (i.e. near-road monitoring), no near-road 1-

hour N02 data were collected in the past. Consequently, the EPA utilized 

emissions data from 2006-2008 to extrapolate design values for the new standard 

in order to make preliminary area designations [FR Vol. 77, No. 33, 9532-9588, 

2/17/20 12]. EPA calculations showed that the monitored levels ofN02 within 

the jurisdiction of the Air Board had a theoretical design value of 58 ppb, which 

indicated 'attainment' status (see 

h!!l!://www.!;l1a.gov/air/nitrogenoxides/11dfs/N02 final desi!!!!values 0608 Jan2 

2.11df). However, actuall-hour data, to support these calculations will be 

necessary before EPA officiailydesignates this area as being in 'attainment'. 

Hence, this area is neither in 'attainment' nor in 'nonattainment', but rather, it is 

'unclassifiable'. As a consequence of this lack of data EPA designated all areas 

in the United States as "unclassifiable I attainment'' for the 20 I 0 N02 NAAQS, 

effective 2/29/2012. [FR Vol. 77, No. 33,9532-9588, 2/17/2012] 

"As part of the NAAQS rulemaking, the EPA promulgated revisions to 

requirements for minimum numbers of ambient N02 monitors that included new 

monitoring near major roada in larger urban areas. In addition, these monitoring 

requirements included requirements to characterize N02 concentrations 

representative of wider spatial scales in larger urban areas (area-wide monitors), 

and monitors intended to characterize N02 exposures of susceptible and 

vulnerable populations." [NPR FR Vol. 77, No. 203, 64244-49, 10119/12] 

"Specifically, the requirements for these minimum monitoring requirements are 

as follows: The first tier of the ambient N02 monitoring network requires nearroad monitoring [See 40 CFR Part 58, Appendix D, Section 4.3.2]. There must 

be one microscale near-road N02 monitoring station in each Core Based 

Statistical Area (CBSA) with a population of 500,000 or more persons to 

monitor a location of expected maximum hourly concentrations sited near a 

major road." [NPR FR Vol. 77, No. 203, 64244-49, 10/19/12] 

''N02 monitors must be 11Iaced in 12roximiQ: to road sel!!!!ents with the highestranked AADT levels, and no more than 50 meters (164.042 feet} away from the 

ed!!e of the nearest traffic lane."( Fact Sheet Final Revisions To T1te National 

Nitrogen Dioxide Infrastructure SIP- [ePA ~tal<ehslaer] Public Review Draft, [12111'12]2/26/13 

Page 6 ofl6 
Ambient Air Quality Standards For Nitrogen Dioxide 

http://www.ena.gov/apti/video/pdfs!N02%20NAAQS%20Fact%20Sheet.pdf 

The population within Albuquerque's CBSA reached 845,913 in 2008, therefore 

the AQD is required to install such a new near-road monitor. 

"An additional near-road N02 monitoring station is required at a second location 

of expected maximum hourly concentrations for any CBSA with a population of 

2,500,000 or more persons, or in any CBSA with a population of 500,000 or 

more persons that has one or more roadway segments with 250,000 or greater 

Annual Average Daily Traffic (AADT)." [NPR FR Vol. 77, No. 203, 64244-49, 

10/19/12] 

The highest AADT count within the jurisdiction of the Air Board is [ 181,7QQ] 

193.900, recorded on 1-25 near Montgomery Boulevard (see hfl:e:h&iw/¥/.BlFeeg 

nm.gev/images/steFiesieBgmaes and Eiata/B:aflie ilew/tfmQ8uH!aB.eBf 

http:/ /www.mrcog-nm. gov/transportation-mainmenu-67 /traffic-countsmainmenu-263 and 

http://www.mrcognm.gov/images/stories/pdflmaps and data/traffic flow/tfmllurban.pdfl 

therefore, a second monitor will not be required in Bernalillo County. 

"The second tier of the N02 minimum monitoring requirements is for area-wide 

N02 monitoring [See 40 CFR Part 58, Appendix D, Section 4.3.3]. There must 

be one monitoring station in each CBSA with a population of I ,000,000 or more 

persons to monitor a location of expected highest N02 concentrations 

representing the neighborhood or larger spatial scales. These N02 monitors are 

referred to as area-wide monitors." [NPR FR Vol. 77, No. 203, 64244-49, 

10/19/12] A second tier monitor will not be required in Bernalillo County. 

"The third tier of the N02 minimum monitoring requirements is for the 

characterization ofN02 exposure for susceptible and vulnerable populations [See 

40 CFR Part 58, Appendix D, Section 4.3.4]. The EPA Regional Administrators, 

in collaboration with states, must require a minimum of 40 additional N02 

monitoring stations nationwide in any area, inside or outside of CBS As, above 

the minimum monitoring requirements for near-road and area-wide monitors, 

with a primary focus on siting these monitors in locations to protect susceptible 

and vulnerable populations." [NPR FR Vol. 77, No. 203, 64244-49, 10/19/12] A 

third tier monitor will not be required in Bernalillo County. 

"All three tiers of the N02 minimum monitoring requirements are to be 

submitted to the EPA for approval. Currently, 40 CFR 58.10 and 58.13 require 

states to submit a plan (i.e. Annual Monitoring Network Plan) for establishing 

all required N02 monitoring sites to the EPA Administrator by July I, 2012." 

[NPR FR Vol. 77, No. 203,64244-49, 10/19/12] {However, EPA has proposed 

to delay this deadline until July 1, 2016 [NPR FR Vol. 77, No. 203, 64244-49, 

10/19/12]} 

"Further, these plans shall provide for all required monitoring stations to be 

operational by January I, 2013." [NPR FR Vol. 77, No. 203, 64244-49, 

10/19/12] {However, EPA has proposed to delay this deadline until January 1, 

2017 for CBS As with a population of more than 500,00 but fewer than I million 

[FR Vol. 77, No. 203,64244-49, 10/19/12]} 

The population within Albuquerque's CBSA reached 845,913 in 2008, therefore 

the AQD is required to install such a new near-road monitor. 

Nitrogen Dioxide Infrastructure SIP- [ePA Stakehelaer] Public Review Draft, [11 1

11 '12]2/26/13 

Page 7 of16 
"l£!l!t~ and local air al!ellci~§ are ~uired to con§iger traffic volumes, fl~t mix, 

roadw~l! design, traffic cong~§tiQn galle!!!!!. local tmli!l QT tQilO&raohx, and 

meteorolon in determining whg:e ~ [~uired near-road NO~ mg!!itor should be 

lllaced. In addition, there are othg: f!!&!2!li!IJ•t affect the "lecli211 md 

i!lll1lementation Q( ~ ~ar-rQad monitorigg §ll!li211, including satil!&i!Jg §iting 

criteria, favQrable sill: !Qgi§!ics (e.g., gai!li!Jg ~~&£;§§to nrooertv ~ ~f~!l!l. and 

CQ!l§ideration Qf llQillli!l!i2n ~XJlQSure." (Near-/load iY.~ Monitoring Tecllnlcg{ 

A~si~UJ.nce Document 

http://www.epa.gov/ttnamti 1/files/nearroad/NearRoadT AD.pdf ), 

To address these requirements, the AQD participated in the 2011 NO, Roadside 

Pilot Project and submitted data from several candidate N02 monitoring sites !Q 

EPA, and +he ... QQ is coordinating with EPA to determine the best monitoring 

site location, lakiag illle eell8id0foliea; 1'""11•1'!¥ figblo, aeee!l8i!oil~•, sal<!!y, 

intfaBWsRif'e fe~ments, tra+fi:e, a:n8 eesta. 

~:Q,. meaf~eFS mwst; ee plaeeEl ifl pre:Kimi~~ ta feaa segmeet.s '''11it:B Y:te Aigftest 

mRieeQ ~~~ ie¥els, aaEI ae meN ~he fjQ me&ea; {Hi4.Q4;;?; fee&~ Mt;~ Hem the 

edge ef !he ....... eellrlllfie l&ao. ,<\.EidilieRal 09ASieefalieR MilO! eo gi•,•OR Ia flool 

mf:K, eeagestieR paUenta, teueffi; geagFaphie leeatiee, aDS me~eerelegy. ''f f.lael 

Sheet Filf61lleo•iaifH'HJ Z:e J:he Nslie,..,l All'lhitHil Ai• IJfJelilj• su-iaM. fi'e• 

1~/4~ Bi9Jfitle 

h!!!!:llw¥1W.eea.ge•t•'a!!B/"ideeledfelj>!Q2~W!QNAAQS~~2!1faet~~2Q!lkeel.pdf) 

EPA anticipates that it will take three years to install a new monitoring network, 

plus an additional three years of monitoting thereafter in order to determine 

compliance with the revised standard. When EPA funding is designated for 3"' 

Tier sites the AQD will procure equipment and construct the near-road monitor 

site. Once three years of data have been collected at the site, AQD will request 

that EPA redesignate Bernalillo County from 'unclassifiable I attainment' to 

~attairunent' . . 

§ 110(a)(2)(C) include a program AQD has established regulations governing the enforcement of control measures, 

to provide for including attainment plans and permitting programs that regulate construction 

enforcement of the and modification of stationary sources. See 20.11.41 NMAC, Operating 

measures in § Permits, 20.11.60 NMAC, Permitting in Nonattainment Areas, and 20.11.61 

JJO(a)(2)(A), ami NMAC, Prevention of Significant Deterioration. AQD's Prevention of 

regulation of the Significant Deterioration (PSD) program applies to sources that emit greerthouse 

modification and gases in accordance with EPA's tailoring rule. See 20.li.61.7.CCC NMAC. 

construction of any 

stationary source EPA reguires that an)! i-SIP submittal shol!ld address an:;: new or revised PSD 

within the areas Brol![am r~uirements. On O<:tober 20, 20 I 0, the EPA Bromulil!!ted "PSD for 

covered by the plan PMl.l- Increments, Si2ttificant l!lll1act Levels (SILsl and Significant Monitoring 

as necessary to Concenttation(SMC}", effective 12/20/10 [Federal Register Vol. 75, No. 202, 

assure that NAAQS 64864-927], TQ oddress this federal rujemaking, the AQ1.2 is llrQJ2osing to amend 

are achieved, the PSD te!!!!ll!tion fQr Albuguergue - l}~rnalillo Coun!)! to in!;Sl[pQrate the PM;u 

including a permit PSD increment ~uirements. On Janu!!!Y 29, 2013 filed Air Ouali!)! Control 

program as Board Petition No. 2013-l, Petition to Amend 20.11.60 NMAC, Permitting In 

required in Parts C Nonattainment Areas; 20.11.61 NMAC, Prevention O[.Significant Deterioration; 

amJDofthis and 2Q.11.42 NMAC, Ollf}.ralinfl. P,rmits. The Amendments to 20.11.42 NMAC 

Subchapter. are JlroPQsed as a revision to the Title V O!Jerating Permit Progr!!!!!. and the 

amendments to >\Q.ll.60 NMAC and 20.11.61 NMAC are 11r~d as a revision 

to the New Mexico State l!lll1lementation Plan for Air Quali!)! (SIP}. EPA's 

l Q/2011 0 rule mecificall~ affects 40 CFR ~ 1.165, and has been incQ!l!orated into 

AQD'~ ll!OPQsed draft of 20.11.60 NMAC. The l 0/20/10 rule amendments also 

affect 40 CFR51.166 and52.21 and have been incoroorated into AOD's 

Nitrogen Dioxide Infrastructure SIP- [!EPA Sral<elieleer] Public Review Draft, [121!1112] 2/26/13 

PageS of16 
11rooo~g draft o"0.11.6j NMAC. On; exc!<llli2n is f!!!: an am!<lldrnent tha! 

l!{oul!l have be~n in~erted at 20.1! .6l.j~.B.{2l NMAC, mgardin" "S!Ls" [see 40 

CFR ~I. j66.{!(l(;ll & 5~,~l{kl{~)), but which EPA bas cgnceded to be m!ted 

and LJ:manded to EPA. in resgons; to Sierra Club v. E.P A. Another •ll~!<lltion jj 

the oroo~ed :iMC forfM,.J a! 20.11.6!,'8 NMAC which was also vacated by 

the US Counof Aooeals [Case No. 10-1413. deci4ed Januarv 22,20131. 

The Bernalillo Countv OrdinDnce 88-45 nroviges th; AQD l!li!h al!thori~ to 

enforce jlermitting grovisions, and w;gvides fot asses~ment gf ~dmini§!mtive 

enforc;ment actions and ~dministrative ll!<nalties for violatiQ!lll gf tho~ ll!<rmit 

te!!!!J! l!nd co!!J!itions. The EPA •1111roved incornorl!tion of Ordinance 8H-45 intQ 

the Al!mguergl!!<- Bellll!lillo Coun~ SIP in a June I, 1999 rulemaking [64 FR 

29;1.J~). B~rn!!lillo Coun~ has since amended tbl~ ordinance and ~odifi~ il as 

Bernalillo !:;ouni)! Ordinanc~ 94-5. AQD has RIQI!Osed a revision to the Sta~ 

Boards 1£1P to inCQ!llQrate !Ill of the currently effective 3Jll!licabl; ordinances in 

order to uodate their authoritv to enforce said orovisions. 

§ 11 O(a)(2)(D) contaln adequate "N!m M;xicQ does nQ! currently hl!~ any NOl nonallllinmeotl!leas nQr i§ the 

Interstate provisions- s~ in clo~ llroximi.IY IQ any gther NOa ngnattainm~nt area§, , .New Mexico 

Transport (i) prohibiting hl!1 tl!;elv; (ljl} majll[ SOurc!<§ ofNQa in th; state, TQI!Ii JlQinl source ;missio!ll! 

any source or other fQ( NO• in New MgicQ !<!juals 52,553 tQnsJler ~Ill (mvl and 84,1§!!JlY fgr 

type of emissioru mobile §S!utce emi!!SiQ!ll! (based gn the ;!QOS N;WQnal Emission Inventon:). Of 

activity from !!lese emi~~ions, 17,702 IllY were ;mined l1Y the 1£1lll Juan Qenerating S!J!IiQ!!, 

emitting any air which will be subj~t m Bs~t AvajJible R£1r.Qfit T~hnolggy {BARn 

pollutant in amounts requirements l!ll!ler a sta~ or fede(lll imJlls:men!lllign Jllan. 

which will: 

(I) contribute Bernalillo Coun!y el!ffeatlj· is located within New Mexico, and consequently, 

significantly to does not bave any NO, nonattaimnent areas either. nor is the county in close 

nonattainment in. or proximity to any other NO, nonattsinment areas. 

inteifere with 

maintenance by, any BernaliUo County has 26 major and synthetic minor sources of NOx. Total point 

other State with source emissions for NOx in BernaliUo County equals 1,101 tons per year (tpy) 

respect to any such and 12,765 tpy for onroad mobile source emissions (based on the 2008 National 

national primary or Emissions Inventory). Total emissions of NOx for all sectors combined is 

secondary ambient 17,975.76. 

air quality standard, 

or Albl!!luerol!e - Bernalillg !:;guntv has a SIP·!!IlJlrgved PSD and nonattainment 

(II) interfere with new SO!!!'£e review (NNSR)Jlermittl!!g Jl!llmml thai gontai!!§ r;guirem;nts for 

measures required sources of air RQllutants tQ obtain an atmrQved J:!ermit befo~ b~ginning 

to he included in the construction of a facilit:.; and befgre modifyigg an ;xistigg facili~ (~ § 

applicable 110(all2l{C) above). 

implementation plan 

for any other State Consistent with 40 !:;FR 5l.l!j6{gl(2)(iv}, Allll!!luergl!!<:Bernalil!o County's PSD 

under Part C of this program roouires that: 

Subchapter to 

prevent signif~eant "C. Within on~ year after receipt of a comJllete aJll!liQ!!tion, the del!artment 

deterioration of air shall: 

quality or to protect ( 4} Send a coru:: of the notice of JlUblic comrn!<!jt to: 

visibility, (a) the !!llJllicmt; 

(ii) insuring (b) !lle adrnini•ttator: and 

compliance with the {c} gfficial§ an!! ~gen£i!:~ having jurisdi~tion ov~r the IQQ!!tion w!!;re the 

applicable JlrOJl!lsed consl!:l!£tion wQuld occur "" follgw~: anY Qlber •Ill~ or lQ£!11 air 

requirements of oollulion control agencies; the chief executives ofth~ cil)! ang county where the 

CAA Sections§ 126 sour£~ woul!ll!£ !ocat;!!; my cQmJlrebensive regional land use Jllanning agency; 

and 115 {Sections an!! an~ §l!!te, fed£ralland mana~r, or Indian gQverning l!gdv wbQ~ Ianda mi!Y 

7426 &: 7415 of this be affec!£!! by emissigns from th~ source gr mQgificatio!!," [;10.11.§1.21.C,(4} 

Title! (relatinK to NMACl 

Nitrogen Dioxide Infrastructure SIP- [I!:PA Sta!Eehslaer] Public Review Draft, [12/11 '12] 2/2§/13 

Page 9of16 
interstate and EPA r~m~ that an:.-; i-SIP submittal should address!!!!:.! new or !llVised PSD 

international !lfO!rnllll reguirements. On October 20, 2010, the EPA gromulga~d "PSD for 

pollution PM .~ -Increments, Si!!llificant Imnact Levels (SILsl !!!ld Significant Monitoring 

abatement). ~oncentmtion (~MC)", diective 1~1;1.0/10 [f~deral Register Vol. 75,!::!Q. 202, 

64864-907]. To addres~ this fegeral rulemalcing, th~ AQD i~ llrDilO§il!g to amend 

the f:iD rellJ!l~tion fQr Albugu~rgue - B~rnalillo ~Qll!!!Y !Q inco!J!Qr~~ the PM;u 

PSD increment r~uirements. On Januarv 29, 2013 filed Ail: Qua!itv Con!r!ll 

B2ard Petition No. 2013-1, Petition tQ Amend 20. 11 .60 NMAC, f.ermittin!l.ln 

l:{_onattalnment Areas; 20.11.61 NMAC, Praention O[.S.iff.nificant Deteri!J.ration; 

and 20,11.42 NMAC, Orz.eratin!l. Permits. The Amendments !!l 20. 11.!1;,1 NMA~ 

are oronosed as a revision to the Tit!~ V Qllerating Permit Prog[am, and the 

amendments !2 20.11.60 NMA~ and 20.lj.6l NMA~ are 12rooosed as D revisiQn 

to th' New M!lllico Sll!tlli!!!lllementatiQn flan fQr Ail: Qugljty (SIP}, EPA's 

l0/2Q/IO rul~ s~ific~jly a!I;'l1! 40 ~fR 51.165, and lJ!Il! ~en in,QIJ!Ora~g illto 

AQD's llr!liJOSed drafi of20.jj.60 !:JMAC. Thjl 10120/IQ lYle amendmenll! glso 

affect 40 CFR 51.166 and 52.21 and hgve been incoroorated into AQD'§ 

llrooosed draft !lf 20.11.61 NMA~, One exgmtion i§ for an amendment !!lat 

Wjluig !lave be~!l inserted§! 20. ll.6l.l5.B,(:.ll NMA~, m~arding "Slid" [see 10 

~FR 51.16§.(k)(2}6!; 52.2100(2)], l!u! whig!! EPA ha§ CQ!lg!;dl:!! 12 !1e vgc§t~g 

and remandm to fPA, ill r~Q~ tQ !i.i~:.rra Clyb v. EPA, Ago~[ ~llcmti!!!l is 

the ll!:Q!!Osed SMC for PMll §I 20.11.61.28 NMAC which was also vacated b:.-; 

the US Court of Anneals [Case No. 10-1413, decided Januarv 22, 2013]. 

Alb!!!lW:!:!IUe - BernalillQ !!1§2 has!\ :llP-DI!Ilroved R;gjonal Haz~ l!rQII[il!ll 

[Federal Register Vol. 77, No. 230, 71119-29, 11129112] 

Tberefore, l!ased on monitored NO, concentrations indicating design yalues 

below the level of the s!andard, the lack of NO, nonattainment areas in New 

MexicQ, (including Bernalillo County} or within close proximity, and SlfDllllrQv~d PSD, l:ft:!SR, !!!!!I Regional Haz~ frograrns, AQD has concluded that 

NO, emissions from Bernalillo County: 

I) Qe eel oigllilteaml,. eenlril,.tle 1e 119ftQIIaiRHionl ie •• inleffe•e •..,j!h 

main1011a11ee ~r ... ,. elher state will! f!!ga<ds le !he NO,. NAAQS; 

;l,1 Do not interfere with the measures required to implement prevention of 

significant deterioration or for the protection of visibility in any other state L§. 

l!O!aX2l!D)(il(lll]: and 

J) Do not preclude the state from insuring compliance with CAA §§ 126 and 

115. !§ 110(a}(2)(D)(iill 

HQwever, gue tQ th' i!!§t§!1ili!Y of!hll reeulatoo: lan~!lll~ causjlg b:,: litigation 

surroundi!!g the ~~~an Air lnterstatl: Rule {~AIR}ang the CrQstHltate Air 

Pollution R!!!e (CASPRl (ll,g, the August 21, 2Q 12 US CQ!!I1 Qf A~als fQr Ill~ 

Di~!Dg! of ~Qiumbi!l ~il;cuit decisi2n ngating CASPR), !!!!d !he d~:1!!J:ed 

uu!lligation of EPA's il.lli!!Jmg; gocum~t fur th~: t!Oz i-Slf, AQD ~ 

withdrawing !!le § 11Q{a){2)1I!l(i)(ll element Qf this i-SlP from CQ!!l!ideration by 

!;P A as a revision to the SIP. This element will be submitted ~ar!\tely and will 

include a t~chnica1 ~nal:i§il! to suooort AQD' ~ contentiQn that All!uguernul: -

BernalillQ ~oun!Y is cmal!le of irnnl~menting this el;ment of thl: NQ:.l i-Slf. [§ 

110(al{2)(D)(il(IU 

Cei!Bi!llenl wilh 4Q CI'R $l.l~~(Ej)(2)(i>:), AJhlllji!OfljiiO llefl'lalille {:;el'ft~''B PSQ 

fJF9gm&l fe~S ~at 

Nitrogen Dioxide Infrastructore SIP- [13PA gtala!kelderj Public Review Draft, [12/IIIJ2] 2/26113 

Page HI oflfi 
"C. '.V'ithiR eRe year after reeeipt efa aemplete applieatiaR, the ~a:rtmem 

sllal* 

(4) S...S a ae~y eftho eetiee afplllllia ee!Bflloat te: 

(a) the &~~!llieaat; 

~e1 die admiR:is~aF; 9Rtl 

(e) eliioials ...S agoeeiesl!a•<iftg jllfiseie!iee • .,. .. !l!a lesa!iee "•"-•oe the 

f3Ftif'9sed e9MB\Ietiaa 'JJ'euhl essUF as feUe-..lJS: ~ether s*tite ef lesal aif 

pelltiliee oell!fei qgoeeies; the sl!iofe,.eoa!i•"'s ef!l!a eii!f &nEiee~· •NhOfo the 

S9Uf9fl!l •He alii ee leeaTe9; ~ E!8mpFe8SHSirl18 FBgieulliHK:I QSS pl&JiAing 8tJI9S!fi 

aMl aB!f stafe; fe9eFallaBti m&BagM\ eF laQHm gel,emiftg heEiy ,nhese hmti m~ 

9e af.feeted 9y emiBBieas ffem the sewee eF maSiiie&*iea.H (4Q.ll.~ l.2t.C.(4) 

!IIM,•.G l 

§ Provide: New Mexico Statute§ 74-2-5 Duties and powers; environmental improvement 

IIO(a)(2)(E)(i) (i) necessary board; local board, gives the Air Board authority to develop, implement and 

assurances that the enforce the SIP. 

State (or, except 

where the § 74-2-5 also provides the Air Board adequate legal authority to adopt emission 

administrator deems standards and compliance schedules applicable to regulated entities, and to adopt 

inappropriate, the emission standards and limitations and any other measures necessary for 

general purpose attaimnent and maintenance of national standards. 

local government or 

governments, or a In addition,§ 74-2-5 provides the Air Board adequate legal authority to enforce 

regional agency applicable laws, regulations, standards, and compliance schedules, and seek 

designated by the injunctive relief. Specifically, § 74-2-5.1 provides the department legal authority 

State or general to enforce applicable laws, regulations, standards, and compliance schedules. 

purpose local 

governments for The funding necessary to carry out the ambient air monitoring required by this 

such purpose) will implementation plan (e.g. purchase of new equipment, installation of new site, 

have adequate additional staff and increased operating and maintenance costs) will be provided 

personnel, funding, through the CAA § 103 grant process, thereby removing "the state burden of 

and authority under providing matching funds." [NPR FR Vol. 77, No. 203,64244-49, 10/19/12] 

State (and, as 

oppropriote, local) No organizations outside of AQD will participate in implementing or enforcing 

law to carry out this SIP. AQD bas adequate personnel to implement the SIP with respect to N02 

such implementation requirements. Should EPA determine that AQD incks adequate personnel to 

plan (and is not carry out the SIP, EPA may issue a finding with respect to that deficiency, which 

prohibited by any AQD would have a1ega1 obligation to correct 

provision ofF ederal 

or State law from I!1ll Bernalillo !;;ountv Qrdinance 88-4~ nrovisks th!l AQD with ftU!hQ!:i!x IQ 

carrying out such enfon:e nermittingnrovisions, and Qrovides fgr assessment of admini~trativ!l 

Implementation plan enforcement actions and administrative oenalties fur violali!lns of those l!ermit 

or portion thereof), terms and conditions. The EPA !ll!J!roved incomoratioll of Ordinance 88-45 into 

the Albygue!:f1!!!1 - Bern~lillo !:;gun!Y SIP in a June I, 1999 !]!lemal<iW! [ 64 FR 

29235]. ~emalillo Coun!Y bas since amended !!lis ordinanC!li!!!d m£!1!!ifi!ld it as 

Bernalillo Cgug!Y Ordinance 94·5. AQD has nronQsed a !n:ision to th!l ::!tate 

~oard~ SIP tQ incgmorate all of the curr!l!!tl:t effective Bllolicable ordinances in 

order to undate their auti!QrilY to enforce said l!rovisiollS 

§ (ii) requirements NMSA 1978 § 74-1-4 provides that the Air Board be comprised of at least a 

I IO(a)(2XE)(ii) that the State majority of members who represent the public interest and do not derive any 

comply with the significant portion of their income from petSons subject to or who appear before 

requirements the board on issues related to the CAA or Air Act. Board members are required 

respecting State to recuse themselves from rule-makings in which their impartiality may 

boards under CAA reasonably be questioned [20.11.82.14 NMAC]. 

Section 128 {Section 

7428 of this Title/, 

Nitrogen Dioxide Infrastructure SIP- [l':l'A Slal<oltelaOf] Public Review Draft, [12/ll/12]2126/13 

Page 11 of 16 
and 

§ IIO(a)(2)(E) (iii) necessary Albuquerque-Bernalillo County is authorized to carry out all portions of New 

(iii) assurances that, Mexico's SIP within Bernalillo County [See § 74-2-4]. NMED and the state 

where the State has Envirorunentallmprovement Boatd retain oversight authority in the event the 

relied on a local or local authority fails to act [See § 74-2-4 (D)]. 

regional 

government, agency, 

or instrumentality 

for the 

Implementation of 

any plan provision. 

the State has 

responsibility for 

ensuring adequate 

implementation of 

such plan provision. 

§ IIO(a)(2)(F) require/ as may be Regulatory requirements have been codified at 20.11.41 NMAC, Authority to 

Stationary prescribed by the Construct, 20.11.42 NMAC Operating Permits, 20.11.60 NMAC, Permitting in 

Source Administrator: Nonattainment Areas (pertaining to sampling and testing) and 20.11.49 NMAC, 

Monitoring (i) the installation, Excess Emissions. 

System maintenance1 and 

replacement of Requirements in 20.11.47 NMAC, Emission Inventory Requirements provide for 

equipment, and the the reporting of emissions inventories in a format established by AQD on a 

implementation of schedule prescribed by the regulation. 

other necessary 

steps by owners or Albuquerque-Bernalillo County's enforceable entission limitations and other 

operators of control measures ate addressed in the Ait Act and those provisions of Chapter 11 

stationary sources of New Mexico's Athninistrative Code Title 20. 

to monitor 

emissions from such 20.11.90 NMAC, Source Survemance; Administration and Enforcement, 

sources. establishes the general requirements for maintaining recotds and reporting 

(ii) periodic entissions, including record keeping, data subntissions, and public access to 

reports on the emissions data. 

nature and amounts 

of emissions and [See also: NMSA 74-2-7(D)(I)(a) & (2) -"The department or the local agency 

emissions-related may specify conditions to any perntit granted under this section, including: (1) 

data from such for a construction perntit: (a) a requirement that such source install and operate 

sources, and control technology, deterntined on a case-by-case basis, sufficient to meet the 

(iii) correlation of standards, rules and requirements of the Ait Qnality Control Act and the federal 

such reports by the act. ... (2) for an operating perntit, terms and conditions sufficient to ensure 

Slate agency with compliance with the applicable standards, rules and requirements pursuant to the 

any emission Air Quality Control Act and the federal act."; NMSA 74-2-11, Confidential 

limitations or Information; NMSA 74-2-13, Inspection; and The Inspection Of Public Records 

standards Act, JlfMSA 1978, Chapter 14, Article 2.] 

established 

pursuant to this Act 

[Chapter}, which 

reports shall be 

available at 

reasonable times for 

public inspection; 

§ IIO(a)(2)(G) provide for Pursuant to 40 CFR 51, Subpart H, Prevention of Air Pollution Emergency 

Emergency authority Episodes, On January 26, 1989, the Ait Board adopted the Air Pollution Episode 

Power comparable to that Contingency Plan for Bernalillo County [8/21/91, 56 FR 38074; 40 CFR 

in CAA Section 30 3 52.1639, Prevention of Air Pollution Emergency Episodes], that covets air 

{Section 7603 of pollution episodes and the occurrence of an emergency due to the effects of the 

Nitrogen Dioxide lnfrastructore SIP- [llPA Stakehel<ler] Public Review Draft, [12!11 '11] 2126113 

Page 12 ofl6 
this Title] and pollutants on the health of persons. 

adequate 

contingency plans to 

implement such 

authority. 

~ IIO(a)(2)(H) provide for revision Albuquerque-Bernalillo County's SIP is a compilation of regulations, plans, and 

of such plan: submittals that act to improve and maintain air quality in accordance with 

(i) from time to time national standards. The authority to develop or revise the SIP is based on the 

as may be necessary authority to adopt new regulations, revise existing regulations, to meet the 

to uzke account of NAAQS. NMSA 1978 § 74-7-5 gives the Air Board authority to perform these 

revisions of such functions. § 74-7-5 also provides the Air Board the authority to adopt 

national primary or regulations to abate, control, and prohibit air pollution throughout Bernalillo 

secondary ambient County in accordance with the provisions of State Rules Act [Chapter 14, Article 

air quality standard 4, NMSA 1978]. Nothing in New Mexico's statutory or regulatory authority 

or the availability of prohibits Albuquerque-Bernalillo County from revising the SIP in the event of a 

improved or more revision to the NAAQS. 

expeditious methods 

of attaining such 

suzndard, and 

(ii) except as 

provided in 

Paragraph (3)(C). 

whenever the 

Administrator finds 

on the basis of 

information 

available to the 

Administrator that 

the plan is 

suhstantially 

inadequate to attain 

the NAAQS which it 

implements, or to 

otherwise comply 

with any additional 

requirements 

established under 

this Act [Chapter]. 

§II O(a)(2)(1) in the case of a plan Compliance with the N02 standard will be evaluated with submitted SIP 

Nonattainment or plan revision for revisions for any future nonattainment areas. SIP revisions related to 

Area Plan an area designated nonattainment areas will comply with Subpart D requirements, as applicable. 

Requirements as a nonattainment The currently approved nonattainment area SIP provisions listed in 40 CFR § 

area, meet the 52.1620-1640, Subpart GG also meet Subpart D requirements. 

applicable 

requirements of 

Part D of this 

Subchapter 

(relating to 

nanattainment 

areas); 

§ IIO(a)(2)(J) meet the applicable All SIP revisions undergo public notice and hearing, which provides for 

PSD requirements of comment by the public, including local political subdivisions. 20.11.82 NMAC, 

CAA § 121 {Section Rulemaking Procedures- Air Quality Control Board, stipulates notice 

7421 of this Title] requirements for rule making, and is used a guide for notice requirements when 

(relating to adopting SIPs. 

consultation), CAA 

Nitrogen Dioxide Infrastructure SIP- [EPA Stakelleleer] Public Review Draft, [J2111 '12]2126113 

Page 13 of 16 
Section I 2 7 [Section Air quality data from AQD's monitoring network is available to the public via 

7427 of this Title] EPA's Air Quality System Data Mart website at: http://www.epa.gov/airdata/ 

(relating to public Addit!olllllly, as part of the 105 grant process AQD is required to submit 

notification}, and monitoring data to the Air Quality System (AQS) 90 days after the end of a 

Part C of this quarter, Data can also he retrieved via a link through the AQD website: 

Subchapter (relating http:llwww.cahg.gov/!lil:gualill:L!li!:guali~:>:monitorins;data.ll!m! which also 

to pre>ention of contains information on the air quality index, and on ways the public can 

significant participate in regulatory and planning efforts. 

deterioration of air 

quality and visibility The Air Board has adopted 20.11.61 NMAC- Prevention of Significant 

protection); Deterioration, fullowing the requirements outlined at 40 CFR 52.21, Prevention 

of Significant Deterioration, WlderCAA Section 161 [42 U.S.C.A. § 7471, Plan 

Requirements] for prevention of significant deterioration. These provisions were 

first approved by EPA as part of the SIP [40 CFR 52.1634.(c)) on 12121/1993, 

effective 1/2011994 [FR Vol 58, No. 243, 67330-34] and most recently on 

9/19/12, effective 10/19112 [FR Vol. 77, No. 182, 58032-5]. 

EPA reguire~ that any i·SIP su]2milllllsh2l!!d addre~s any n~w or reyj~~d PSD 

Qrooram reguir~ments. Qn October 20, 2Ql0,!!!!: EPA l!rQ!IIuigated "PSD for 

PMu - Inc!Jlments, Siil!lificant I!l!llact !&vels (SlY) and Siil!lificant Monitoring 

CQ!!£entratiQn (SMCj", eff~tiv~ 12/20/10 [Fed~r~l Register Vol. 7~, No. 202, 

64864-907]. To address this fGdera1 rulemaking, the AQD is oronosing tQ amend 

the PSD reil!liatiQn for Al]2ugum~ue - aemaliUQ Coun!Y to incornorate the PMu 

PSD incr~ment reguirements. On Januarv 29, 20 13 filed Air Quali!Y Control 

Board Petition Ng. 2013-1, Petitign to Amend 20.11.60 NMAC, Permitting In 

Nonattainment Areas; 20.11.61 NMAC, Prf)!.entif}.n O[_SiiJ,ni[.!Cant Det,rioration; 

and 20.11.42 NMAC, O{l.eratingPemrits. The Amendments to 20.11.42 NMA!;; 

m Jlf01!2§~d as a !JlYision to Ill• Title V Ql!erating Permit Prmrram. and the 

gmendmen!J! to 20.11.60 NMAC and 20.11.61 NMAC !l[e l!rooosed as a !JlYi~ion 

12 the NGW Mexis;Q :ltate Im!!lemen!lltion Plan for Ail: Ouali!Y (S!fl, EPA'§ 

lQ/20!1Q rul~ SQ~jfically ilffects 40 !;;ER 51, HiS, and has been in£0!]1Qrated iniQ 

AQ!2's l!roi!QSed draft gf 2Q, 11.60 NMAC. The I 0/20/l 0 !!!!!l amenthnents al~Q 

affect40 CFR ~1.166 !llld 52.21 !lll!i have been incornorated iJ!to AQD's 

orooosed drafi of20.!1.61 NMAC. One exc~tiQn is for an amendment that 

WQ!!I!! hav~ ~en in~erted at2Q,j1.61.12,!H2l NMAC, reg!l[ding ''S!Ls" [see 40 

(.;FR S!.l66.(kl(2l £ 5~.2l{k)(2l], lll!t whis;ll EfA !ll!l £Qnce!k!l to he vas;ated 

and mmanded IQ EPA, in resJlonse 12 Sierra t;;lub v. Ef.A. Angth~ exc~tion is 

the ll!21!25ed SM!: for P&b! at 20.! 1.61.28 !::!MAC ~hicb Will! also vas;~l!:ll by 

the US Court of Al!ooals [Case NQ. 10-1413, decided January 22, 20!31. 

20.!1.61 NMAC, Pre>ention of Significant Deterioration, includes procedures 

for protection of visibility in Class I areas. In addition, AQD submitted 

Albuquerque-Bernalillo CoWlty's Second Amended Regional Haze SIP to EPA 

in August, 2011, EPA proposed approval of the SIP in their Notice of Proposed 

Rulemaking on 4!15/12 [FR Vol. 77, No. 80, 24768-92]. Regional 

Administrator Ron Curry signed the Federal Register approving this SIP on 

ll/13/12, effective 12/31112 [FR Vol. 17, No. 230,71119-29, 11/29/12]. This 

submittal will provide further visibility protection and improvements to federal 

Class I areas. 

§IIO(a)(2)(K) provide for: AQD has the authority and technical capability to conduct air quality modeling 

Air Quality (i) the perfontU4nce in order to assess the effect on ambient air quality of relevant pollutant 

Modeling/ of such air quality emissions; and can provide relevant data as part of the permitting and NAAQS 

Data modeling as the implementation processes. AQD follows EPA guidelines for air dispersion 

Administrator may modeling. (e.g. Appendix W) 

prescribe for the 

purpose,;! Upon request, AQD will submit current and future data relating to such air 

Nitrogen Dioxide Infrastructure SIP- [liiPA g~akel!e!<ler] Public Review Draft, [121!1'12]2/26/13 

Page 14 ofl6 
predicting the effect quality modeling to EPA. 

on ambient air 

quality of any 

emissions of any air 

pollutant for which 

the Administrator 

has established a 

NAAQS, and 

(U) the submission, 

upon request, of 

data related to such 

air quality modeling 

to the 

Administrator; 

§ 110(a)(2)(L) require the owner The fee requirements of20.11.2 NMAC, Fees were approved by EPA as meeting 

Permitting or operator of each the CAA requirements and were incorporated into the New Mexico SIP 

Fees major stationary [Bernalillo County: 5/24/12, FR Vol. 77. No. 101, 30900..2, effective 6/25/12). 

source to poy to the Albuquerque-Bernalillo County's Title V operating penni! program codified at 

permitting 20.11.42 NMAC, Operating Permits, was approved by EPA on 9/8/04 [FR Vol. 

authority, as a 69, No. 173, pp. 54244-47, effective 11/8/04) 

condition of any 

permit required 

under this Act 

{Chapter], afee 

sufficient to 

cover--

(i) the reasonable 

costs of reviewing 

and acting upon 

any application for 

such a permit, and 

(ii) if the owner or 

operator receives a 

permit/or such 

source. the 

reasonable costs of 

implementing and 

enforcing the terms 

and conditions of 

any such permit (not 

including any court 

costs or other costs 

associated with any 

enforcement action), 

until such fee 

requirement is 

superseded with 

respect to such 

sources by the 

Administrator1S 

approval of a fee 

program under Title 

V [Subchapter V of 

this Chapter]; 

§ II O(a)(2)(M) provide (or New Mexico State Statute § 74-2-5.2 State Air Pollution Control AJ/encv; 

Nitrogen Dioxide Infrastructure SIP· ['!;P;>, Stak.el!.el<ler) !'.!!!2!i£ Review Draft, [1211 1/!;!)2/26113 

Page 15 of16 
consultation and Specific Duties And Powers Of The Department, states that: .. The department is 

participation by the state air pollution control agency for all pUtpOses under federal legislation 

local political relating to pollution. The department shall: 

subdivisions A. take all action necessary to secure for the state and its political 

affocted by the subdivisions the benefits of federal legislation; 

plan. B. advise, consult, contract with and cooperate with local authorities, other 

states, the federal government and other interested persons or groups in regard to 

matters of common interest in the field of air quality control and initiate 

cooperative action between a local authority and the department, between one 

local authority and another or among any combination oflocal authorities and 

the department for control of air pollution in areas having related air pollution 

proble!Illl that overlap the boundaries of political subdivisions; and 

C. enter into agreements and compacts with adjoining states and Indian 

tribes, where appropriate."' 

Albuquerque-Bernalillo County's public participation requirements and 

procedures fulfill the requirements for consultation with local political 

subdivisions affected by the SIP. 

Nitrogen Dioxide Infrastructure SIP- [EPA ~!akehehler] Public Review Draft, [ !:l'll'l2]2126/13 

Page 16 of 16 
I uf2 

Published in the Albuquerque Journal on Sunday April 21, 2013 

http://legals.abqjoumal.com'legals/print_legal/302405 

' AQD EXHIBIT 

I 

I 

2a 

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD NOTICE OF 

HEARING AND REGULAR MEETING On June 12,2013, at 5:30pm, the Albuquerque-Bernalillo 

County Air Quality Control Board (Air Board) will hold a public hearing in the Vmcent E. Griego 

Chambers located in the basement level of the Albuquerque-Bernalillo County Government Center, One 

Civic Plaza NW, Albuquerque, NM. The hearing will address: AQCB Petition No. 2013-3, to adopt a State 

Implementation Plan (SIP) for N02 to address Sections II O(a)( I) and (2) of the federal Clean Air Act 

(CAA), 42 U.S.C. Sections 7410(a)(l) and (2) hereafter referred to as the "N02 Infrastructure SIP". 

Section IIO(a)(l) of the CAA addresses the timing requirement for the submissions of any "Infrastructure 

SIP" revisions, while Section IIO(a)(2) of the CAA lists the required elements that comprise the 

"Infrastructure SIP". As grounds, the Petitioner (City of Albuquerque) states the following: On January 22, 

2010, EPA Administrator, Lisa Jackson, promulgated a new NAAQS for N02, effective Aprill2, 2010 [FR 

Vol. 75, No. 26,6474-6537, February 9, 2010]. Pursuant to sections IIO(a)(l) and IIO(a)(2) of the CAA, 

each State is required to submit a plan to provide for the implementation, maintenance, and enforcement of 

a newly promulgated or revised NAAQS within 3 years of promulgation of a new or revised standard. 

Therefore, this plan or "Infrastructure SIP" addressing the requirements of Sections IIO(a)(2)(A)--(M) of 

the CAA was due February 9, 2013. This "Infrastructure SIP" is a compilation of elements that 

demonstrates how Albuquerque-Bernalillo County will implement, maintain and enforce the revised N02 

NAAQS, including: enforceable emission limitations and control measures, air quality monitoring and 

modeling, a permitting program, adequate funding and personnel, authority under state law to carry out the 

plan, emissions reporting, emergency powers, public participation, and fee collection. Following the 

hearing, the Air Board will hold its regular monthly meeting during which the Air Board is expected to 

consider adopting the proposed Infrastructure SIP for N02. The Air Board is the federally delegated air 

quality authority for Albuquerque and Bernalillo County. Local delegation authorizes the Air Board to 

administer and enforce the CAA and the New Mexico Air Quality Control Act, and to require local air 

pollution sources to comply with air quality standards and regulations. Hearings and meetings of the Air 

Board are open to the public and all interested persons are encouraged to participate. All persons who wish 

to provide non-technical testimony regarding the subject of the hearing may do so at the hearing and will be 

given a reasonable opportunity to submit relevant evidence •. data, views and arguments, orally or in writing, 

to introduce exhibits and to examine witnesses in accordance with the Joint Air Quality Control Board 

Ordinance, Section 9-5-1-6, Adoption of Regulations, Notice and Hearing [ ROA 1994]; Bernalillo County 

Ordinance, Section 30-35, Adoption of Regulations, Notice and Hearings [Ord. No. 94-5, Section 6, 

2-2-94]; and 20.11.82 NMAC, Rulemaking Procedures-Air Quality Control Board. Anyone intending to 

present technical testimony at this hearing is required by 20.11.82.20 NMAC and 20.ll.82.16.B.(I) NMAC 

to file, by 5:00pm on May 28,2013, a written Notice Of intent (NOI) to testify and 15 copies, with 

Elizabeth Jones, Air Quality Control Board Liaison, Environmental Health Department, One Civic Plaza, 

NW, Suite 3023, Albuquerque, New Mexico 87102, or email to ejones@cabq.gov or you may deliver your 

NOI to the Environmental Health Department, Suite 3023, 400 Marquette Avenue NW. The NOI shall 

identify the name, address, and affiliation of the person testifying. In addition, written non-technical 

comments to be incorporated into the public record for the June 12, 2013 hearing should be received at the 

above P.O. Box, or Environmental Health Department office, by 5:00pm on June 5, 2013. The comments 

shall include the name and address of the individual or organization submitting the statement. Written 

comments may also be submitted electronically to nbutt@cabq.gov and shall include the required name and 

address information. Interested persons may obtain a copy of the proposed regulation at the Environmental 

4/22/2013 2:14PM 
! of2 

http://legals.abqjournal.cornllegals/print_legal/3024(" 

Health Department Office, or by contacting Mr. Neal Butt, Air Quality Division, Albuquerque 

Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or by phone 768-2660, or by 

e-mail at nbutt@cabq.gov , or by downloading a copy from the City of Albuquerque Air Quality Division 

website http://www.cabq.gov/airquality/ air-quality-control-board/ public-review-drafts NOTICE FOR 

PERSON WITH DISABILITIES: If you have a disability and/or require special assistance please call (505) 

768-260 I [Voice] and special assistance will be made available to you to review any public meeting 

documents, including agendas and minutes. TIY users call the New Mexico Relay at 1-800-659-8331 and 

special assistance will be made available to you to review ariy public meeting documents, including agendas 

and minutes. Journal; April 21, 20 13 

4/22/2013 2:14 PI\. 
New Mexico Register I Volume XXIV, Number 8/ April30, 2013 

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD 

NOTICE OF HEARING AND REGULAR MEETING 

• AQD EXHIBIT 

i 2b 

I 

On June 12, 2013, at 5:30 pm, the Albuquerque-Bernalillo County Air Quality Control Board (Air Board) will hold 

a public hearing in the Vincent E. Griego Chambers located in the basement level of the Albuquerque-Bernalillo 

County Government Center, One Civic Plaza NW, Albuquerque, NM. 

The hearing will address: AQCB Petition No. 2013-3, to adopt a State Implementation Plan (SIP) for N02 to 

address Sections IIO(a)(1) and {2) of the federal Clean Air Act (CAA), 42 U.S.C. Sections 7410(a)(l) and (2) 

hereafter referred to as the "N021nfrastructure SIP". Section 110(a)(l) of the CAA addresses the timing 

requirement for the submissions of any "Infrastructure SIP" revisions, while Section II O(a)(2) of the CAA lists the 

required elements that comprise the "Infrastructure SIP". 

As grounds, the Petitioner (City of Albuquerque) states the following: On January 22, 2010, EPA Administrator, 

Lisa Jackson, promulgated a new NAAQS for N02, effective Aprill2, 2010 [FR VoL 75, No. 26,6474-6537, 

February 9, 2010). Pursuant to sections IIO(a)(I) and llO(a)(2) of the CAA, each State is required to submit a plan 

to provide fur the implementatio~ maintenance, and enforcement of a newly promulgated or revised NAAQS within 

3 years of promulgation of a new or revised standard. Therefore, this plan or "Infrastructure SIP" addressing the 

requirements of Sections l!O(a){2)(A)--(M) of the CAA was due February 9, 2013. This "Infrastructure SIP" is a 

compilation of elements that demonstrates how Albuquerque-Bernalillo County will implement, maintain and 

enforce the revised N02 NAAQS, including: enforceable emission limitations and control measures, air quality 

monitoring and modeling, a permitting program, adequate funding and personnel, authority under state law to carry 

out the plan, emissions reportin& emergency powers, public participation. and fee collection. 

Following the hearing. the Air Board will hold its regular monthly meeting during which the Air Board is expected 

to consider adopting the proposed Infrastructure SIP for N02. 

The Air Board is the federally delegated air quality authority for Albuquerque and Bernalillo County. Local 

delegation authorizes the Air Board to administer and enforce the CAA and the New Mexico Air Quality Control 

Act, and to require local air pollution sources to comply with air quality standards and regulations. 

Hearings and meetings of the Air Board are open to the public and all interested persons are encouraged to 

participate. All pernons who wish to provide non-technical testimony regarding the subject ofthe hearing may do so 

at the hearing and will be given a reasonable opportunity to submit relevant evidence~ data, views and arguments~ 

orally or in writing. to Jntroduce exhibits and to examine witnesses in accordance with the Joint Air Quality Control 

Board Ordinance, Section 9-5-1-6, Adoption of Regulations, No rice and Hearing ( ROA 1994]; Bernalillo County 

Ordinance, Section 30-35, Adoption of Regulations, Notice and Hearings [Ord. No. 94-5, Section 6, 2-2-94]; and 

20.11.82 NMAC, Ru/emaking Procedures-Air Quality Control Board. 

Anyone intending to present technical testimony at this hearing is required by 20.11.82.20 NMAC and 

20.11.82.16.B.(l) NMAC to file, by 5:00pm on May 28, 2013, a written Notice Oflntent (NOt) to testily and IS 

copies, w1th Elizabeth Jones, Air Quality Control Board Liaison, Environmental Health Department, One Civic 

Plaza, NW, Suite 3023, Albuquerque, New Mexico 87102, or email to ejones@cabq.&ov or you may deliver your 

NO! to the Environmental Health Department, Suite 3023, 400 Marquette Avenue NW. The NO! shall identify the 

name, address, and affiliation of the person testifying. 

[n addition, written non-technical comments to be incorporated into the public record for the June 12, 2013 hearing 

should be received at the above P.O. Box, or Environmental Health Department office, by 5:00pm on June 5, 2013. 

The comments shall include the name and address of the individual or organization submitting the statement. 

Written comments may also be submitted electronically to nbutt{<l:cabq.gov and shall include the required name and 

address information. 

Interested persons may obtain a copy of the proposed regulation at the Environmental Health Department Office, or 

by contacting ~r. Neal Butt, Air Quality Division, Albuquerque Environmental Health Department, P.O. Box 1293, 

Albuquerque, NM 87103, or by phone 768-2660, or by e-mail at nbutt@cabg.gov , or by downloading a copy from 
New Mexico Register I Volume XXIV, Number 8/ ApriiJO, 2013 

the City of Albuquerque Air Quality Division website http://www.cabg.gov/airguality/air-guality-controlboardlpublic-review-drafts 

NOTICE FOR PERSON WITH DISABILITIES: If you have a disability and/or require special assistance please 

call (505) 768-2601 [Voice] and special assistance will be made available to you to review any public meeting 

documents, including agendas and minutes. TTY users call the New Mexico Relay at 1-800-659-8331 and special 

assistance will be made available to you to review any public meeting documents, including agendas and minutes. 
Page I of3 

' AQIBHIBIT 

Butt, Neal T. lli 

---------------------------------tD 

From: City of Albuquerque-Air Quality Division [ejones@cabq.gov] 

Sent: Monday, April 22, 2013 10:21 AM 

To: Butt, Neal T. 

Subject: Notice of Hearing and Meeting -Proposal to Adopt N02 Infrastructure SIP 

X City of 

· Albuquerque 

Notice of Hearing and Meeting - Proposal 

to Adopt a State Implementation Plan 

(SIP) for Nitrogen Dioxide (N02) to 

address Sections llO(a)(l) and (2) of the 

federal Clean Air Act (CAA), 42 U.S.C. 

Sections 7410(a)(l) and (2) 

hereafter referred to as the "N02 

Infrastructure SIP" 

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY 

CONTROL BOARD 

NOTICE OF HEARING AND REGULAR MEETING 

On June 12,2013, at 5:30pm, the Albuquerque-Bernalillo 

County Air Quality Control Board (Air Board) will hold a 

public hearing in the Vincent E. Griego Chambers located in the 

basement level of the Albuquerque-Bernalillo County 

Government Center, One Civic Plaza NW, Albuquerque, NM. 

The hearing will address: AQCB Petition No. 2013-3, to adopt a 

State Implementation Plan (SIP) for N02 to address Sections 

llO(a)(l) and (2) of the federal Clean Air Act (CAA), 42 U.S.C. 

Sections 7410(a)(l) and (2) hereafter referred to as the "N02 

Infrastructure SIP". Section llO(a)(l) of the CAA addresses the 

timing requirement for the submissions of any "Infrastructure 

SIP" revisions, while Section 110(a)(2) of the CAA lists the 

required elements that comprise the "Infrastructure SIP". 

As grounds, the Petitioner (City of Albuquerque) states the 

following: On January 22,2010, EPA Administrator, Lisa 

Jackson, promulgated a new NAAQS for N02, effective April 

I 

2c: 
12, 2010 [FR Vol. 75, No. 26,6474-6537, February 9, 2010]. 

Pursuant to sections IIO(a)(l) and IIO(a)(2) of the CAA, each 

State is required to submit a plan to provide for the 

implementation, maintenance, and enforcement of a newly 

promulgated or revised N AAQS within 3 years of promulgation 

of a new or revised standard. Therefore, this plan or 

"Infrastructure SIP" addressing the requirements of Sections 

IIO(a)(2)(A)--(M) of the CAA was due February 9, 2013. This 

"Infrastructure SIP" is a compilation of elements that 

demonstrates how Albuquerque-Bernalillo County will 

implement, maintain and enforce the revised N02 NAAQS, 

including: enforceable emission limitations and control 

measures, air quality monitoring and modeling, a permitting 

program, adequate funding and personnel, authority under state 

law to carry out the plan, emissions reporting, emergency 

powers, public participation, and fee collection. 

Following the hearing, the Air Board will hold its regular 

monthly meeting during which the Air Board is expected to 

consider adopting the proposed Infrastructure SIP for N02. 

The Air Board is the federally delegated air quality authority for 

Albuquerque and Bernalillo County. Local delegation 

authorizes the Air Board to administer and enforce the CAA and 

the New Mexico Air Quality Control Act, and to require local 

air pollution sources to comply with air quality standards and 

regulations. 

Hearings and meetings of the Air Board are open to the public 

and all interested persons are encouraged to participate. All 

persons who wish to provide non-technical testimony regarding 

the subject of the hearing may do so at the hearing and will be 

given a reasonable opportunity to submit relevant evidence, 

data, views and arguments, orally or in writing, to introduce 

exhibits and to examine witnesses in accordance with the Joint 

Air Quality Control Board Ordinance, Section 9-5~ 1-6, 

Adoption of Regulations, Notice and Hearing [ ROA 1994]; 

Bernalillo County Ordinance, Section 30-35, Adoption of 

Regulations, Notice and Hearings [Ord. No. 94-5, Section 6, 2-

2-94]; and 20.11.82 NMAC, Rulemaking Procedures-Air 

Quality Control Board. 

Anyone intending to present technical testimony at this 

hearing is required by 20.11.82.20 NMAC and 20.11.82.16.B. 

(I) NMAC to file, by 5:00pm on May 28, 2013, a written 

Notice Oflntent (NOI) to testify and 15 copies, with Elizabeth 

Jones, Air Quality Control Board Liaison, Environmental 

Health Department, One Civic Plaza, NW, Suite 3023, 

Albuquerque, New Mexico 87102, or email to ejones@cabq.gov 

or you may deliver your NOI to the Environmental Health 

5/2/2013 

Page 2 of3 
Department, Suite 3023,400 Marquette Avenue NW. The NO! 

shall identify the name, address, and affiliation of the person 

testifying. 

In addition, written non-technical comments to be incorporated 

into the public record for the June 12, 2013 hearing should be 

received at the above P.O. Box, or Environmental Health 

Department office, by 5:00pm on June 5, 2013. The comments 

shall include the name and address of the individual or 

organization submitting the statement. Written comments may 

also be submitted electronically to nbutt@cabq.gov and shall 

include the required name and address information. 

Interested persons may obtain a copy of the proposed regulation 

at the Environmental Health Department Office, or by 

contacting Mr. Neal Butt, Air Quality Division, Albuquerque 

Environmental Health Department, P.O. Box 1293, 

Albuquerque, NM 87103, or by phone 768-2660, or by e-mail at 

nbutt@cabq.gov , or by downloading a copy from the City of 

Albuquerque Air Quality Division website 

http://www.cabq.gov/airquality/air-quality-control-board/publicreview-drafts 

NOTICE FOR PERSON WITH DISABILITIES: If you have a 

disability and/or require special assistance please call (505) 768-

2601 [Voice] and special assistance will be made available to 

you to review any public meeting documents, including agendas 

and minutes. TTY users call the New Mexico Relay at 1-800-

659-8331 and special assistance will be made available to you to 

review any public meeting documents, including agendas and 

minutes. 

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Page3of3 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGIONS 

Ms. Margaret Nieto 

City of Albuquerque 

Environmental Health Department 

Air Quality Division 

One Civic Plaza, Room 3047 

Albuquerque, NM 87103 

1445 ROSS AVENUE, SUITE 1200 

DALLAS, TX 75202-2733 

-JAN 3 1 2013 

Re: Proposed N02 Infrastructure State Implementation Plan (SIP) 

Dear Ms. Nieto: 

~ AQD EXHIBrT 

I 

I 

3a 

Thank you for the opportunity to review and comment on the proposed State Implementation Plan (SIP) 

revision "Infrastructure Requirements of Section llO(a)(2)(A-M) of the Clean Air Act (CAA) to 

Implement the 2010 Nitrogen Dioxide (N02) National Ambient Air Quality Standards (NAAQS)." The 

Environmental Protection Agency (EPA) appreciates the efforts of the Albuquerque-Bernalillo County 

Air Quality Control Board to meet this important CAA requirement. The EPA Region 6 offers the 

following comments on the proposed SIP revision: 

Comment 1: 

Sections I!O(a)(2)(C) and (E) of the certification matrix in the Proposal do not include any discussion of 

where the Air Quality Division (AQD) is granted authority to enforce permitting provisions and 

implement the SIP. The Bernalillo County Ordinance 88-45 provides the AQD with authority to enforce 

permitting provisions, and provides for assessment of administrative enforcement actions and 

administrative penalties for violations of those permit terms and conditions. The EPA approved 

Ordinance 88-45 into the Albuquerque/Bernalillo County SIP in a June 1, 1999 rulemaking ( 64 FR 

29235). The Albuquerque/Bernalillo County has since amended the ordinance and re-codified it as 

Bernalillo County Ordinance 94-5. Since Ordinance 88-45 no longer exists, we encourage the submittal 

of the amended ordinance as a SIP revision. We will act on this amended ordinance in a future 

rulemaking. The Joint Air Quality Control Board Ordinance 94-5 is also cited as legal authority in 

20.11.1.3 NMAC, which is SIP-approved. Please update the matrix to include a discussion of the above. 

Comment2: 

The EPA finalized the PM2.s PSD Jncrement-SILs-SMC Rule (75 FR 64864, October 20, 2010) to 

provide additional regulatory requirements under the PSD SIP progran1 regarding the implementation of 

the PM2.s NAAQS for NSR. As a result, the PM2.s PSD Increment- SILs-SMC Rule required states to 

submit SIP revisions to adopt the required PSD increments by July 20, 2012. This requirement applies to 

the Albuquerque/Bernalillo County. Specifically, the October 20,2010 PM2.s Rule requires states to 

adopt and submit for EPA approval a PSD SIP revision that implements the PM2.s increments pursuant 

to section 166(a) of the Clean Air Act (CAA) to prevent significant deterioration of air quality in areas 

meeting the NAAQS. The EPA will not be able propose a full approval of the Infrastructure SIP for the 

PSD related components of sections 110(a)(2)(C), l10(a)(2)(D)(i)(II), and 110(a)(2)(J) until the 

Internet Ackfress (URL) • http://WWW.epa.gov 
Albuquerque/Bernalillo County submits a SIP revision addressing the PM25 PSD increments 

requirements and the EPA approves the SIP revision. 

We recognize that on January 22, 2013 the U.S. Court of Appeals for the District of Columbia Circuit 

Court (Court) vacated and remanded to the EPA portions of the October 20, 2010 PM2s Rule 

establishing PSD significant impact levels (SILs) and significant monitoring concentrations (SMCs) for 

PM2.s· However, the PM2.s PSD increment requirements from our October 20, 20 I 0 PM2.5 Rule were not 

subject of the Court's decision and remain in place. Furthermore, we also recognize that the 

Albuquerque/Bernalillo County has proposed SIP revisions dated December 5, 2012 (for 20.11.60 

NMAC Prevention of Significant Deterioration and 20.11.61 NMAC Permitting in Nonattainment 

Areas) addressing the PM2.5 PSD increment requirements and we encourage finalizing and submitting to 

the EPA that rulemaking. Please address the PM2.5 PSD increment requirements in the matrix outlining 

the requirements of sections IIO(a)(2)(C), II O(a)(2)(D)(i)(II), and II O(a)(2)(J))(Il), of the CAA. 

Comment3: 

The discussion in section IIO(a)(2)(D) for Interstate Transport states that based on monitored N02 

concentrations, and the lack of N02 nonattainment areas in the Bernalillo County or within close 

proximity, the AQD has concluded that N(h emissions from the Bernalillo County: 

I) Do not significantly contribute to nonattainment or interfere with maintenance for any other state 

with regards to the N02 NAAQS; 

2) Do not interfere with the measures required to implement prevention of significant deterioration 

or for the protection of visibility in any other state; and 

3) Do not preclude the state from insuring compliance with CAA Sections 126 and 115. 

We appreciate that this proposal addresses CAA I! O(a)(2)(D)(i)(l) requirements. However, at this time, 

we are not treating a SIP submission addressing these requirements as a "required" SIP submission until 

EPA has defined a state's obligations in accordance with the August 21,2012 United States Court of 

Appeals for the District of Columbia Circuit decision vacating the Cross-State Air Pollution Rule. If 

Albuquerque/Bernalillo county still wishes to address the CAA II O(a)(2)(D)(i)(l) requirements, we 

recommend that this discussion be supplemented with information regarding the number of actual N(h 

monitors in Albuquerque/Bernalillo County (i.e., I NCOR site) and the maximum values monitored at 

that site during the past three years (e.g., 2010-2012). We also recommend that you supplement the 

discussion with what monitors/receptors were considered outside of Albuquerque/Bernalillo County as 

potential nonattainment or maintenance receptors and include any technical analyses supporting the 

conclusions. EPA's guidance for PM2.s and Ozone for IIO(a)(2)(D) and EPA's recent actions in review 

of these SIPs in other states provide examples of the types of technical analysis that can be utilized. 

While the conclusion may remain the same, the additional information provides support for that 

conclusion. 
Thank you for your efforts to meet this important CAA requirement. We offer our assistance during the 

SIP revision process. If you have any questions or need additional clarification, please contact Mr. John 

Walser of my staff at 214-665-7128. Please let us know how we may be of further assistance. 

Sincerely yours, 

Guy Donaldson 

Chief 

Air Planning Section 
CITY OF ALBUQYERQYE 

PO Box 1293 

Albuquerque 

NM87103 

www.cabq.sov 

February 26, 2013 

Mr. Guy DoMidaon 

Chit( Air Pllnning Section (6PD-L) 

US. Environmental Protection Agency, Region VI 

1445 Rot• Avenue, Suite 1200 

Da!W, TX 75202-2733 

SUB JEer: Response by Ait Q....Uty Division to EPA Comm.ents on Proposed NOz l-SIP 

DeuGuy, 

Thank you for your comments on our proposed NOz Infrastructure SIP. Please f111d our responses 

below: 

EPA Comment 1: 

Sections 110(a)(2)(C) md (E) of the =lification matri1 in the Proposal do not include any discusoion of 

where the Air Quality Division (AQD) is gnnted authority to enforce permitting provisions and 

implement the SIP. The Bemalillo County Ordinance 88-45 provides the AQD with authotity to enfon:e 

permitting provisions, and provides for assessment of administrative enforcement actiono and 

administrative penaltieo for violations of thooe perm.it terms and oonditions. The EPA approved 

Ordinance 88-45 into the Albuquczque - Bemalillo County SIP in a June I, 1999 rulemal<ing (64 FR 

29235). The Albuquerque - Bemalillo County lu.o since amended the ordinance and re-codi6ed it u 

Bernalillo County Ordinance 94-5. Since Ordinance 88-45 no longer exiata, we encow:ase the oubmittal 

of the amended ordinance u a SIP revition. We will act on this amended ordinance in 11. future 

rulemal<ing. The Joint Ait Q....Uty Control Board Ordinance 94-5 is aloo cited as legal authority in 

20.11.1.3 NMAC. which is SIP-approved Please update the matri1 to include a diKuasion of the above. 

AQD Reeposue To Comment 1: 

AQD agrees with this comment and hat proposed a revision to the State Boards SIP to incorporate ..U of 

the currendy effective appliablc ordinances in order to update AQD'a authority to enforce said 

provisions (sec EPA - Stakeholder Review Draft, January 25, 2013). AQD has amended its' ptapoeed 

Public Review Dnft NOJ i-SIP to include a discustion of AQD's effort to update the authotity cited in 

the SIP (see Public Review Draft, February 26, 201.>). 

EPA Comment 2: 

The EPA finalized the PM,., PSD lncremcnt-SIIA-SMC Rule (75 FR 64864, October 20, 2010) to 

provide additional regulatory requirements under the PSD SIP program regarding the implementation of 

the PM.s NAAQS for NSR. As a result, the PM,., PSD Increment- SILs-SMC Rule requited states to 

submit SIP revisiona to adopt the required PSD increments by july 20, 2012 This requirement applies to 

the Albuquerque/Bernalillo County. SpeciliC..Uy, the October 20, 2010 PM,., Rule requi.res states to 

Albuqturqu~ lvh1king Hiuary l '()6-2006 
adopt and submit for EPA approval a PSD SIP revision that implements the PM,$ increments pw:suant 

to section 166(a) of the Oean Air Act (CAA) to prevent sign.ilicant deterioration of air quality in areas 

meeting the NAAQS. The EPA will not be able propose a full approval of the lnfrasttuctute SIP for the 

PSD related components of sections 110(a)(2)(q, 110(a)(2)(D)(i)(ll), and 110(a)(2)Q) until the 

Albuquerque/Bernalillo County submits a SIP revision addressing the PM., PSD increments 

requirements and the EPA approves the SIP revision. 

We (EPA) recognize that on January 22, 2013 the US. Court of Appeals for the District of Columbia 

Clrcuit Court (Court) 1111cated and remanded to the EPA portions of the October 20, 2010 PM,s Rule 

establishing PSD significant impact levels (S!Ls) and significant monitoring concentrations (SMCs) for 

PMu. However, the PM,s PSD increment requirements from our October 20, 2010 PMu Rule were not 

subject of the Court's decision and remain in place. Furthermore, we also recognize that the 

Albuquerque/Bernalillo County has proposed SIP revisions dated December 5, 2012 (for 20.11.60 

NMAC p,.,.~. of Sij,niji<ant Dtttriomtion and 20.11.61 NMAC Permitting in Nonattaint1Hnl Ana.!) 

addreasing the PM,s PSD increment requirements and we encourage finalizing and submitting to the 

EPA that rulemalting. Please address the PM,, PSD increment requirements in the matrix outlining the 

requirements of sections l10(a)(2)(q, 110(a)(2)(D)(i)(Il), and 110(a)(2)Q)(Il), of the CAA. 

AQD Responee To Comment :!: 

AQD agrees with this comment and on January 29, 2013 filed Air Quality Conttol Board Petition No. 

2013-1, Petition to Amend 20.11.60 NMAC, Prrmiltilf!, In NonatlaiMIMI Arnu; 20.11.61 NMAC, Pn~~tntion 

OJ Sij,nificanl Dtl•rioro/iQn; and 20.11.42 NMAC, Oplroting Pm11ilt. The Amendments to 20.11.42 NMAC 

Are Proposed As a Revision to the Title V Operating Permit Program, and the Amendments to 20.11.60 

NMAC and 20.11.61 NMAC lue Proposed As a Revision to the New Mexico State Implemenation Plan 

for Air Quality (SIP). The PMu PSD increment requirements from EPA's October 20, 2010 PM,, Rule 

are included among these proposed amendments. AQD has also incorpomted language into the draft 

NO, i-SIP to addreas the PMJ.s PSD increment requirements stipulated by the October 20, 2010 PM,s 

Rule. 

EPA Comment 3: 

The discussion in section 110(a)(2)(D) for Interstate Transport sates that bued on monitored NO, 

concentrations, and the lack of NO, nonatt:iinment areas in the Bernalillo County or within close 

proximity, the AQD has concluded that NO, emissions from the Bernalillo County; 

1) Do not significantly contribute to nonattainmen tor interfere witl1 maintenance for any other sate with 

regards to the NO,, NAAQS; 

2) Do not interfere with the measures required to implement prevention of significant deterioration or 

for the protection of visibility in any other state; and 

3) Do not preclude the state from insuring compliance with CAA Sections 126 and 115. 

We appreciate that this proposal addresses CAA 110(a)(2)(D)(i)(I) requirements. However, at this time, 

we are not treating a SIP submission addressing these requirementa as a "required" SIP submission until 

EPA has defined a state's obligations in accordance with the August 21, 2012 United States Court of 

Appeals for the District of Columbia Clrcuit decision vacating the Cross-State Air Pollution Rule. If 

Albuquerque/Bernalillo county still wiahes to address the CAA 110(a)(2)(D)(i)(1) requirements, we 

recommend that this discussion be supplemented with information regarding the number of actual NO, 

monitors in Albuquerque/BemaliUo County (i.e., 1 NCOR site) aod the maximum values monitored at 

that site during the past three years (e.g., 2010-2012). We also recommend that you supplement the 

2 
discussion with what monitors/receptors were considered outside of Albuquerque/Bernalillo County as 

potential nonattainment or maintenance receptors and include any technical analyses supporting the 

conclusions. EPA's guidance for PM PMz.s PSD increment requirements from our October 20, 2010 

PM.., Rule and Ozone for 110(a)(2)(D) and EPNs recent actions in review of these SIPs in other states 

provide examples of the types of technical analysis that can be utilized, While the conclusion may 

remain the same, the additional information provides support for that conclusion. 

AQD Reaponae To Comment 3: 

Due to the instability of the regulatory landscape caused by litigation surrounding the Clean Air 

Interstate Rule (CAIR) and the Cross-State Air Pollution Rule (CASPR) (e.g. the August 21, 2012 US 

Court of Appeals for the District of Columbia Circuit decision Vllcating CASPR), and the delayed 

publication of EPNs guidance document for the NO, i-SIP, AQD is withdrawing the § 110(a)(2)(D)(i)(I) 

element of this i-SIP from consideration by EPA as a revision to the SIP. AQD will wait to submit the 

Interstate Transport section within the N02 i-SIP [110(a)(2)(D)(i)(I)] until such time as EPA has defined 

a state's obligations in accordance with the August 21, 2012 US Court of Appeals for the District of 

Columbia Circuit decision vacating the CASPR Rule. When AQD submits this element, it will include a 

technical analysis to support AQD's contention that Albuquerque - Bernalillo County is capable of 

implementing this element of the NO, i-SIP. [§ 110(a)(2)(D)(i)(I)] 

Should you have any questions regarding this matter, please do not hesitate to contact me. 

~--~2~--------------------- Neal Butt 

Environmental Health Scientist 

Air Quality Division 

Environmental Health Department 

City of Albuquerque 

One Civic Plaza, NW, Suite 3023 

Albuquerque, New Mexico 87103 

(505) 768-2660 

cc: John Walser, Air Planning Section, U.S. EPA, Region 6 

Margaret Nieto, Control Strategies Supervisor, AQD 

Bill Westmoreland, Deputy Director, Environmental Health Department 

3 
Direct Testimony- Nitrogen Dioxide Infrastructure SIP 

Slide 1 

Introduction 

~D EXHIBIT 

; 4 

I 

Thank you, Mr. Hearing Officer, Madam Chair, and members of the Board. My name is 

Neal Butt. I am an Environmental Health Scientist with the Air Quality Division, Control 

Strategies Section. I am here to present testimony/n The Matter Of The Petition To 

Adopt A State Implementation Plan (SIP) For Nitrogen Dioxide (NOz) To Address 

Sections llO(a)(l) And (2) Of The Federal Clean Air Act (CAA), 42 U.S. C.§ 

74/0(a)(l) And (2) Hereafter Referred To As The "N01 Infrastructure Sip" 

AQCB Petition No. 2013-3 

SLIDE 2 

Reasons for Proposed N01 Infrastructure SIP 

The federal Clean Air Act (CAA) at Section II 0 requires each state to submit a 

plan (State Implementation Plan or "SIP") for the implementation, maintenance, and 

enforcement of each NAAQS, within three years of the promulgation by the United 

States Environmental Protection Agency (EPA) of such a standard. Section II 0 of the 

CAA sets forth the general elements which must be contained within the SIPs, generally 

referred to by the EPA as the "Infrastructure" elements of SIPs. 
On January 22,2010, EPA Administrator, Lisa Jackson, approved a new national 

ambient air quality standard (NAAQS) for N02, effective Aprill2, 2010 [FR Vol. 75, 

No. 26, 6474-6537, February 9, 201 0]. Based on its review of the air quality criteria for 

oxides of nitrogen and the primary NAAQS for oxides of nitrogen as measured by 

nitrogen dioxide (NOz), EPA made revisions to the primary N02 NAAQS in order to 

provide requisite protection of public health. Specifically, EPA established a new !-hour 

standard at a level of I 00 ppb, based on the 3-year average of the 98th percentile of the 

yearly distribution of !-hour daily maximum concentrations, to supplement the existing 

annual standard of0.053 ppm. 

"All areas presently meet the current ( 1971) N02 NAAQS, with annual N02 

concentrations measured at area-wide monitors well below the level of the standard (53 

ppb ). Annual average ambient N02 concentrations, as measured at area-wide monitors, 

have decreased by more than 40% since 1980. Currently, the annual average N02 

concentrations range from approximately I 0-20 ppb." (EPA, 2012. Nitrogen Dioxide: 

Basic !'!formation. Accessed November 2012; 

http;//www.ena.gov/airguality/nitrogenoxides;basic.htrnl ). On February 17,2012, the 

EPA designated all areas in the United States as "unclassifiablelattainrnent" for the new 

!-hour N02 NAAQS [FR Vol. 77, No. 33,9532-88, effective 2/29/12]. 

"As part of the NAAQS rulemaking, the EPA promulgated revisions to requirements for 

minimum numbers of ambient NOz monitors that included new monitoring near major 

roads in larger urban areas {"first tier", which includes Albuquerque- Bernalillo 
County}. In addition, these monitoring requirements included the characterization of 

NOz concentrations representative of wider spatial scales in larger urban areas (area-wide 

monitors)("second tier"}, and monitors intended to characterize NOz exposures of 

susceptible and vulnerable populations." {"third tier"} 

SLIDE 3 

Reasons for Proposed N01 Infrastructure SIP 

Section IIO(a)(2) of the CAA requires states to submit to EPA an "Infrastructure SIP" 

that addresses the requirements of Section I 10(a)(2)(A)--{M) of the CAA within 3 years 

after the promulgation of a NAAQS. Therefore, the N02 Infrastructure SIP was due on 

February 9, 2013. The Infrastructure SIP is a compilation of elements that demonstrates 

how Albuquerque and Bernalillo County will implement, maintain and enforce the 

revised N02 NAAQS. This proposed SIP revision must be adopted by the AlbuquerqueBernalillo County Air Quality Control Board (Air Board) to be included as part of New 

Mexico's state implementation plan. When the Infrastructure SIP is adopted by the Air 

Board and approved by EPA, it will provide a federally enforceable written confirmation 

of how Albuquerque and Bernalillo County will continue to comply with the Section 

110(a)(2) requirements of the CAA for the NOz t-:AAQS. 

The Public Review Draft of the proposed N02 Infrastructure SIP demonstrates the 

sufficiency of the existing SIP to enable the Division to enforce the 20 I 0 NOz NAAQS, 

by outlining all of requirements in Sections II 0( a)(2)(A) through (M) of the federal 
Clean Air Act (CAA), and then addressing how Albuquerque and Bernalillo County 

meets each one. Enforceable emission limitations and control measures, air quality 

monitoring and modeling, a permitting program, adequate funding and personnel, 

authority under state law to carry out the plan, emissions reporting, emergency powers, 

public participation, and fee collection 

No additional regulations or requirements are being placed on the regulated community 

with the proposed N(h Infrastructure SIP, only upon the Division, in the form of 

additional monitoring, record keeping and reporting. Therefore, the Air Quality Division 

does not foresee that the proposed SIP will have any adverse impact on the citizens or 

businesses of New Mexico. 

SLIDE4 

Request 

Therefore, the Enviromnental Health Department of the City of Albuquerque, by 

and through the Air Quality Division (AQD), respectfully requests that the AlbuquerqueBernalillo County Air Quality Control Board (Air Board) adopt the Division's proposed 

Infrastructure SIP for N02. shown as AQD Exhibit# I a, as amended by Staff Proposed 

Floor Amendments shown as AQD Exhibit # 5. After the NOz Infrastructure SIP is 

adopted, it will be submitted to EPA as a proposed revision to the Albuquerque -

Bernalillo County SIP. 

SLIDES 
Conclusion 

This concludes my testimony and I would like to have Exhibits I through 5 

moved into the record {"so moved"}; and I stand for questions. 
'AQD EXHIBIT 

AQD Exhibit# 5, Staff Proposed Floor Amendments ; 5 

I 

ALBUQUERQUE-BERNALILLO COUNTY 

2 AIR QUALITY CONTROL BOARD 

3 

4 State Implementation Plan for Air Quality (SIP) 

5 

6 To Address Infrastructure Requirements of 

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

8 (CAA) to Implement the 2010 Nitrogen Dioxide 

9 (N02) National Ambient Air Quality Standard 

10 (NAAQS) 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

"lafrastrueture SIP" 

Publie ReYiew Draft 

February 26, 2013 

Adopted 

Month, Day, Year June 12, 2013 

25 Mx. x.v_v.x X.Y_Y.XX Dona Upson. MD, Chair 

26 Albuquerque-Bernalillo County Air Quality Control Board 
AQD Exhibit #5, Staff Proposed Floor Amendments (Shown in red font) 

Executive Summary 

2 

3 "l"02 is a reddish-brown, highly reactive gas that is formed in the ambient air through the 

4 oxidation of nitric oxide (NO). Nitrogen oxides (NOx) is the term used to describe the sum of 

5 l"O, N02, and other oxides of nitrogen. A variety ofNOx compounds and their transformation 

6 products occur both naturally and as a result of human. activities. Anthropogenic (i.e. manmade) 

7 emissions ofNOx account for a large majority of all nitrogen inputs to the environment. The 

8 major sources of anthropogenic NOx emissions are high temperature combustion processes, such 

9 as those occurring in automobiles and power plants. Most NOx from combustion sources (about 

10 95 percent) are emitted as NO, which is readily converted to N02 in the environment; the 

11 remainder is emitted largely as N02. Natural sources ofNOx are lightning, biological and 

12 abiological processes in soil, and stratospheric intrusion." [p. 9533 Federal Register, VoL 77, 

13 No. 33, 2/17112] ( http://www.gpo.gov/fdsyslpkg/FR-2012-02-)7/pdl!2012-3150.pdf#page=l ) 

14 

15 On January 22, 2010, the Administrator of the U.S. Environmental Protection Agency (EPA), 

16 Lisa Jackson, promulgated anew NAAQS for N02, effective April 12,2010 [FR VoL 75, No. 

17 26,6474-6537, February 9, 2010]. Based on its review of the air quality criteria for oxides of 

18 nitrogen and the primary NAAQS for oxides of nitrogen as measured by N02, EPA has made 

19 revisions to the primary N02 NAAQS in order to provide requisite protection of public health. 

20 Specifically, EPA has established a new !-hour standard at a level of 100 parts per billion (ppb ), 

21 based on the 3-year average of the 98th percentile of the yearly distribution of !-hour daily 

22 maximum concentrations, to supplement the existing annual standard of0.053 parts per million 

23 (ppm) /53 parts per billion (ppb). "All areas presently meet the current (1971) N02 NAAQS, 

24 with annual N02 concentrations measured at area-wide monitors well below the level of the 

25 standard (53 ppb). Annual average ambient N02 concentrations, as measured at area-wide 

26 monitors, have decreased by more than40% since 1980. Currently, the annual average N02 

27 concentrations range from approximately 10-20 ppb."(EPA, 2012. Nitrogen Dioxide: Basic 

28 Information. Accessed November 2012: http://www.epa.govlairguality/nitrogenoxides!basic.htm1 ). On 

29 February 17,2012, the EPA designated all areas in the United States as 

30 "unclassifiable/attainment" for the new !-hour N02 NAAQS [FR VoL 77, No. 33, 9532-88, 

31 effective 2/29/12]. 

32 

33 Pursuant to Sections J !O(a)(l) and 11 O(a)(2) of the CAA, each State is required to submit a plan 

34 to provide for the implementation, maintenance, and enforcement of a newly promulgated or 

35 revised NAAQS within 3 years of promulgation of a new or revised standard. Section 11 O(a)(l) 

36 of the CAA addresses the timing requirement for the submissions of any "Infrastructure SIP" 

37 revisions, while Section l10(a)(2) of the CAA lists the required elements that comprise the 

38 "Infrastructure SIP". Therefore, this plan or "Infrastructure SIP" addressing the requirements of 

39 Sections 11 O(a)(2)(A)--(M) of the CAA te ,'WI! due February 9, 2013. 

40 

41 A 'SIP' identifies how the state will attain and maintain the primary and secondary NAAQS. 

42 The SIP contains regulations, source-specific requirements, non-regulatory items such as plans 

43 and inventories, and in some eases additional requirements promulgated by the EPA The initial 

44 SIPs for states were approved by EPA on May 31, 1972 [FR VoL 37, No. 105, pp. 10842-

45 1 0906]. A state may revise its SIP with EPA approval as necessary. The federally enforceable 

Nitrogen Dioxide Infrastructure SIP- [EPA Sl&keael<ler] Public Review Draft, [12111 1!2)2126/13 

Page 3 ofl7 
AQD Exhibit #5, Staff Proposed Floor Amendments (Shown in red font) 

and procedures 

necessmy to-

(i} monitor, 

compile, and 

analyze data on 

ambient air quality; 

and 

(ii) upon request, 

make such data 

available to the 

Administrator. 

which shows a 1-hour Design Value (2008-2010) of 55 ppb, and an Annual 

Design Value (2008-2010) ofl2 ppb. [Table 2-1: EPA Region 6 N02 Monitor 

Sites in 2010, TCEQ NO, i-SIP 

(http://www.tceg.texas.gov/assets/public/implementation/air/sip/no2/N02infra a 

do. pdf)) The area within the jurisdiction of the Air Board is currently in 

attainment for the existing annual N02 standard. 

"Based on its review of the air quality criteria for oxides of nitrogen and the 

primary NAAQS for oxides of nitrogen as measured by N02, EPA has made 

revisions to the primary N02 NAAQS in order to provide requisite protection of 

public health as appropriate under Section 109 of the CAA. Specifically, EPA is 

supplementing the existing annual standard for N02 of 53 ppb by establishing a 

new short-term standard based on the 3-year average of the 98th percentile of the 

yearly distribution of 1-hour daily maximum concentrations. EPA is setting the 

level of this new standard at I 00 ppb. EPA is also establishing requirements for 

an N02 monitoring network. .. at locations where maximum N02 concentrations 

are expected to occur" [FR Vol. 75, No. 26,6474-6537, 2/9/10]. 

Since EPA changed the forrn of the standard (i.e. "The form is the air quality 

statistic used to determine if an area meets the standard." Fact Sheet Final 

Revisions To The National Ambient Air Quality Standards For Nitrogen Dioxide 

http://www.epa.gov/apti/video/pdfs/N02%20NAAQS%20Fact%20Sheet.pdf) 

and the method of data collection (i.e. near-road monitoring), no near-road 1-

hour N02 data were collected in the past. Consequently, the EPA utilized 

emissions data from 2006-2008 to extrapolate design values for the new standard 

in order to make preliminary area designations [FR Vol. 77, No. 33, 9532-9588, 

2/17/2012]. EPA calcu'tations showed that the monitored levels ofN02 within 

the jurisdiction of the Air Board had a theoretical design value of 58 ppb, which 

indicated 'attainment' status (see 

http://www.epa.gov/air/nitrogenoxides/pdfs/N02 final designvalues 0608 Jan2 

2.pdf). However, actual !-hour data, to support these calculations will be 

necessary before EPA officially designates this area as being in 'attainment'. 

Hence, this area is neither in 'attainment' nor in 'nonattainment', but rather, it is 

'unclassifiable'. As a consequence of this lack of data EPA designated all areas 

in the United States as "unclassifiable I attainment" for the 2010 N02 NAAQS, 

effective 2/29/2012. [FR Vol. 77, No. 33,9532-9588, 2117/2012] 

"As part of the NAAQS rulemaking, the EPA promulgated revisions to 

requirements for minimum numbers of ambient N02 monitors that included new 

monitoring near major roads in larger urban areas. In addition, these monitoring 

requirements included requirements to characterize N02 concentrations 

representative of wider spatial scales in larger urban areas (area-wide monitors), 

and monitors intended to characterize N02 exposures of susceptible and 

vulnerable populations." [NPR FR Vol. 77, No. 203, 64244-49, 10/19/12] 

"Specifically, the requirements for these minimum monitoring requirements are 

as follows: 

The first tier of the ambient N02 monitoring network requires near-road 

monitoring [See 40 CFR Part 58, Appendix D, Section 4.3.2]. 

·~monitors must be placed in proximity to mad segments with the highestranked MDT leyels apd no more than 50 metem (] 64.042 feet> away from the 

edge of the nearest traffic lape "( Fqct Sheyt Final Revisions Tq 11ze Nqtiqnal 

Ambient Air Oualitv Stqndards For Nifrpgen DiqxitJe 

httn://www.ena.uov/anti/video/ndfs/N02%20NAAOS%20Fact"/o20Sheetndf 

Nitrogen Dioxide Infrastructure SIP- [BI>A Sta!Eehshle•] Public Review Draft, [12/11/12]2/26/13 

Page 6 of17 
! 

I 

I 

I 

AQD Exhibit #5, Staff Proposed Floor Amendments (Shown in red font) 

There must be one microscalc near-road K02 monitoring station in each Core 

Based Statistical Area (CBSA) with a population of 500,000 or more persons to 

monitor a location of expected maximum hourly concentrations sited near a 

major road." [NPR FR Vol. 77, No. 203, 64244-49, l 0/19112]. 

~ 6 ·~as~ t ia '~I ~~'gl develoned b~ ~ federaJ QOO~ Qf hJIDitrem;at ~ 

~ UHdasa WMDl ill order ~ ltllldmtiK a,gamnbic usl nonulfitilm ~¥1'.i21iPllli ~ 

Slwt data f;wm 2mi federalgassg~~ mAX 11.; t;liiRlx "'";Q m di11 from GQther 

flQ);mJ a{ret)s;~ ~WQlU biiin& ~ m£11~ Q;filliliWI~ wa§£1 bx Gl'b l"ll~~" ( 21' 

'@llZlflt' lkQJ. i'£€gJg, E.~dg~tg,. EDDI £ mDi. :c;m~ J Q2i 

htto://cdnl.media.m-cdn.com/21275/The Comnl~ Real Estate Encyclo[!~ia53b767.!14(l. A CB:;!ll, i:l!blls gefined ~ !b~ OMB wr "A s!alislical &!lQ~ranhi!; 

~tiD: ~D-~i§!in& gf~ cmm1l! gr counli~!i as~iated with M I~ Qtle core furbani~ area !X urban &ilMSierl of itt ~Si lQ.gQQ QOP.UhtliRJL gl~ adjacent 

~ounti~ biOOQ& ~ bi&b deirree gf SQgjl] ~d econgmi~ it!S,&mtiQD ~th the ~Q[~ ~ 

w~~ured tbnmab com~mWD2 ti~ Mth th~ £QQII~ ~WQi~ ~ ~~ 

MetronoliWJ md Micr,~nzglitau ~&itilli~ Areas i® ~ ~ cate&:;Q!:j~ gf Core 

j BasedStatis~~~~~un[IRYgl ZS ~Q1 J'l June2§ '~IQ.~ ~~Sill 

1 h!Jlri/www. whitehouse. gov/siles!defaultlfiles/ornblassets/fedreg 20 I 0/062820 10 

metro standards-Cornp1ete.ndf) 

'}JQjiRIBife:N R'totit'hil eJ&eoll inBUlfiMit *t Hllel 0DIMOM8 oililt lk:l!l hii!hsot 

rs ' 8 ,t;.s+d?f Jovals Mj ae mere tktta §Q nnti!RJ H i1 01a feet) 11¥1 w ft;em tile 

elie.:11 sf tie B!lii'B8• V*li• las "( J'rul .§~sst k1Ms1Msrlais• & 1ilts )llllisnsl 

-c,..;iB!tl:fir E?usJie SMniMi.rt R'sr ¥it srsr•~•irls 

ftMt'hrz n· "'' HB'''a!8J.rliEiaej9SfsR'lQd9'6aOlT \A9ii9,QOF9:eiR'dQ§h&et:s8f 

nm.gov/images/stories!pdflcensus daszi2010 Census Data/Summary of Ccnsu 

s Data l.[!dfl 

"An additional near-road N02 monitoring station is required at a second location 

of expected maximum hourly concentrations for any CBSA with a population of 

2,500,000 or more persons, or in any CBSA with a population of 500,000 or 

more persons that has one or more roadway segments with 250,000 or greater 

Annual Average Daily Trafiic (AADT)." [NPR FR Vol. 77, No. 203, 64244-49, 

10/19112] 

The highest AADT count within the jurisdiction of the Air Board is [ 182,790 J 

193,900, recorded on 1-25 near Montgomery Boulevard (see hlffi:'1

wvNJ.mreeg 

flm.gev/i:magesfstoriesffldflmaps and data/traffic flew/tfm08l:lrhan.ptif 

httt>://www.mrcog-nrn.gov/transportation-mainmenu-67/traffic-countsmainrnenu-263 and 

http://www.mrcognm.gov/images/stotiesiodflmaps and data/trafftc flow/tfmllurban.pdf} 

therefore, a second monitor will not be required in Bernalillo County. 

"The second tier of the N02 minimum monitoring requirements is fur area-wide 

Nitrogen Dioxide Infrastructure SIP - [BI'A Stakel!eldor] Public Review Draft, [12111112]2/26/13 

Page 7 ofl7 

i 

' 
! 

l 

! 

AQD Exhibit #5, Staff Proposed Floor Amendments (Shown in red font) 

NO, monitoring [See 40 CFR Part 58, Appendix D, Section 4.3.3]. There must 

be one monitoring station in each CBSA with a population of I ,000,000 or more 

persons to monitor a location of expected highest N02 concentrations 

representing the neighborhood or larger spatial scales. These NO, monitors are 

referred to as area-wide momtors." [NPR FR Vol. 77, No. 203, 64244-49, 

l 0119112] A second tier monitor v.ill not be required in Bernalillo County. 

'

1

The third tier of the N02 mimmum monitoring requirements is for the 

characterization of NO, exposure for susceptible and vulnerable populations [See 

40 CFR Part 58, Appendix D, Section 4.3.4]. The EPA Regional Administrators, 

in collaboration with states, must require a minimum of 40 additional N02 

monitoring stations nationwide in any area, inside or outside of CBS As, above 

the minimum monitoring requirements for near-road and area-wide monitors, 

with a primary focus on siting lhesc monitors in locations to protect susceptible 

and vulnerable populations." [NPR FR VoL 77, No. 203,64244-49, 10119/12] A 

third tier monitor will not be required in Bernalillo County. 

"All three tiers of the N02 minimum monitoring requirements are to be 

submitted to the EPA for approvaL Currently, 40 CFR 58.10 and 58.13 require 

states to submit a plan (i.e. Annual Monitoring Network Plan) for establishing 

all required N01 monitoring sites to the EPA Administrator by July 1, 2012." 

[NPR FR Vol. 77, No. 203,64244-49, 10119112] .fHowever, EPA has IJ!••l'•se~ 

,. lie!.,·] delayed this deadline until July 1, 2016. EI'IPR I'R ''at 711 lie >!Ill; 

84~44 4~, IQ'I9'1Sl~f IB isldWWJ ~I!A hu amegQgj ~Q CFR 58 JQ£il£~l ueg 

Ibid i~ ~Wd J~llit DUlJli1WiD& lgenc~~ ~ reaui~Q ~ &Yilmil tll;it N~ 

DU?Jli1Q&.'ill& oetwo~RIIIl~ J~ ~it m§nectixs Ill!~ ~&jonal ~dmiDiltmSQI 

W.U~Q QfW ~A .:\WDiuiltaSQt f~t t'nJioXJJ" rm ~. 2~! ~5 ~. 121§!;§, . 31l4Jl31 

"Further, these plans shall provide for all required monitoring stations to be 

operational by January I, 2013.'' [NPR FR VoL 77, No. 203,64244-49, 

IOII9112J+However, EPA has [,f8,8i88 '• &el.,] deJayed this deadline until 

January I, 2017 for CBSAs with a population of more than 500,00 hut fewer 

than 1 million t~i~e~ :t':;l;~+e. ;Q;, 841J44 4i)), IQ~I9'1~~~ l.fR ~Ql1 :Z8 1 ~g. 

16184-lt 3114/131 

[;;~M '''"l&e&l.,ofth:in !I.Auftti••t~ee'e c;asl, !FiiiMJheli 34i,Pt~ ia JIQQ8; tksFsMte 

sAt l'zQil is fBiJ.lliflilfli IB iMtlil8Uiit a MVf B8H fE!Ilil M8ni4BF<] 

''State and local air agencies are reguired to consider traffic volumes~ fleet mix) 

roadway design, traffic congestion gattems, local terrain or togography} and 

meteorology in determining whem a reguired near-road N02 monitor should bs;: 

Jllaced. In additio11 there are other factors that affect the selection and 

irn.Qlementation of a near-road monitoring station! including satisfying siting 

criteria 1 favorable site logistics ( e.g. 1 gaining access to groge[!y and safety) 1 and 

consideration of :QOQulation exQosure." (Near-Road NOJ. Monitoring_ Technical 

Assistance Document 

http:/ iwww .epa. govittnamti ll!ileslnearroad!NearRoadT AD .pdf), 

To address these requirements, the AQD participated in the 20 II N02 Roadside 

Pilot ProJect and submitted data from several candidate N02 monitoring sites to 

EPA, and +he i\QI:l is coordinating with EPA to determine the best monitoring 

site location , talasg iale eeasiaeR>Iiea: l'•el"''jry' fights, aesessibilily, safety, 

iaHastruetare reEfl*rem:ents, tFaffie, ana eests. 

00 ,,, .A ,,, 

Nitrogen Dioxide Infrastructure SIP- [IIPA gtaJ,ellelae•] Public Review Draft, [12111 '12] 2126/13 

Page8of17 

. ,._, 

' 

' 
§ 110(a)(2)(C) 

AQD Exhibit #5, Staff Proposed Floor Amendments (Shown in red font) 

include a program 

to provide for 

enforcement of the 

measures in § 

l I 0(a}(2)(A), and 

regulation of the 

modification and 

construction of any 

stationary source 

within the areas 

covered by the plan 

i as necessary to 

' assure that NAAQS 

are achieved, 

including a penn it 

program as 

required in Parts C 

andD of this 

Subchapter. 

faflk<Oa J\Af>:r l.,•els, aa<lae mere thaa 59 lHO!eFS (1€4 .942 fee!) away from the 

edge eftl!e nea•est lfaffie laHe. Aaaitienal eeaside.atien ~m~st lle giveR te fleet 

min, eeagestiea paHems, teHaiR; geegffif!h:ie lecatieH, and meteerolagy."( 1Ti"act 

Sheet Firta.' Rcvisie:ls Ta The }·latienal Amkief<lt Air Que1itry; S#fuidR:ods Fer 

Nitregen Diexide 

hl!a: '•"'A'""'·"fl•· geY/aptilviaeeffi.US 1>l02%2QNAAOS%2QI'ae!~ o2QSheetadf) 

EPA anticipates that it will take three years to install a new monitoring network, 

plus an additional three years of monitoring thereafter in order to determine 

compliance with the revised standard. When EPA funding is designated for 3"' 

Tier sites the AQD will procure equipment and construct the near-road monitor 

, site. Once three years of data have been collected at the sit.e, AQD will request 

' that EPA redesignate Bernalillo County from 'unclassifiable I attainment' to 

'attainment'. 

AQD has established regulations governing the enforcement of control measures, 

~ including attainment plans and permitting programs that regulate construction 

and modification of stationary sources. See 20.11.41 NMAC, Operating 

Permits, 20.1 1.60 NMAC, Permitting in Nonattainment Areas, and 20.11.61 

NMAC, Prevention of Significant Deterioration. AQD's Prevention of 

Significant Deterioration (PSD) program applies to sources that emit greenhouse 

gases in accordance with EPA's tailoring rule. See 20.1 1.61.7.CCC NMAC. 

EPA reguires that any i-SIP submittal should address any new or revised PSD 

(1rogram reguirements. On October 20, 2010, the EPA 11romulgated "PSD for 

PM;u ·Increments, Significant lmJlact Levels (S!Ls) and Sil!!.lificant Monitorin.g 

Concentration {SMCJ",. effective 12/20/10 [Federal Register Vol. 75, No. 202, 

64864-907]. To address this federal rulemaking, the AQD is JlfO!lQSing to amend 

the PSD regulation for Albuguergue • Bernalillo Count:,: to incomorate the PM;u 

PSD increment r!l.!)uirements. On Januaa 29, 2013 filed Air Quality Control 

Board Petition No. 2013-l, Petition to Amend 20.1 I .60 NMAC. Permitting In 

Nanattainment Areas; 20.11.61 !'.'MAC. Prevention O[Signiflcant Deterioration; 

and 20.11.42 NMAC, Oeerating Permits. The Amendments to 20.11.42 NMAC 

are QrOQOSed as a revision to the Title V 011erating Permit Program, and the 

amendments to 20.11.60 NMAC and 20.11.61 !'.'MAC are proj1osed as a revision 

to the New Mexico State lm!llementation Plan for Air Quality (SIP}. EPA's 

10/20/10 rule St:!!lcifically affects 40 CFR 51.165, and has been incomorated into 

AQD's J2WJlOSed draft of 20.11.60 NMAC. The 10/20!10 rule amendments also 

affect 40 CFR 51.166 and 52.21 and have been incomorated into AQD'• 

!1fO!lOSed draft of 20.11.61 !'.'MAC. One exce11tion is for an amendment that 

would have been inserted at 20.11.61.15.B.(2l NMAC, regarding "S!Ls" [see 40 

CFR 5l.166.(k)(2) & 52.2l(k)(2)], but which EPA has conceded to be vacated 

and remanded to EPA, in res]lonse to Sierra Club v. EPA. Another exce!ltion is 

the !lfO!losed SMC for PM1 5 at 20.11.61.28 NMAC which was also vacated by 

the US Court of Appeals [Case No. 10-1413, decided January 22, 20131. 

The Bernalillo Count:~: Ordinance 88-45(1rovides the AQD with authority to 

enforce ~ennitting y:rov'isions, and Qrovides for assessment of administrative 

enforcement actions and administrative nenalties for violations of those 3nnit 

terms and conditions. The EPA anJlrOved incomoration of Ordinance 88-45 into 

the Albuguergue ·Bernalillo County SIP in a June I, 1999 rulemaking [64 FR 

29235). Bernalillo County has since amended this ordinance and recodified it as 

Bernalillo County Ordinance. ~bm~ 3Q. ~)!iC2lll1Jmlat Arti£1' ll ~it fgllatimJ; ~! ~fi.;JJ ~ ~2=11 (Ofdina~ l;igl 94-5. Bm::i1m 2tl'l~l- AQD has 

QrO!lQ§ed a revision to the State Boards SfP to inco!]lQrate all of the currently 

effective aoolicable ordinances in order to uodate their authoritv to enforce said 

Nitrogen Dioxide !nfrastrocture SIP- [lill'A Slfll•elwltler] Public Review Draft, [12/11112]2/26/13 

Page 9 ofl7 
AQD Exhibit #5, Staff Proposed Floor Amendments (Shown in red font) 

assurances that the enforce the SIP. 

State {or, except 

where the § 74-2-5 also provides the Air Board adequate legal authority to adopt emission 

administrator deems standards and compliance schedules applicable to regulated entities, and to adopt 

inappropriate, the emission standards and limitations and any other measures necessary for 

general purpose attainment and maintenance of national standards. 

local government or 

governments, or a In addition, § 74-2-5 provides the Air Board adequate legal authority to enforce 

regional agency applicable laws, regulations, standards, and compliance schedules, and seek 

designated by the injunctive relief. Specifically, § 74-2-5.1 provides the department legal authority 

State or general to enforce applicable laws, regulations, standards, and compliance schedules. 

purpose local 

governments for The funding necessary to carry out the ambient air monitoring required by this 

such pwpose) will implementation plan (e.g. purchase of new equipment, installation of new site, 

have adequate additional staff and increased operating and maintenance costs) will be provided 

personnel, funding, through the CAA § I 03 grant process, thereby removing "the state burden of 

and authority under providing matching funds." [NPR FR Vol. 77, No. 203,64244-49, 10/19/12] 

State (and, as 

appropriate, local) No organizations outside of AQD will participate in implementing or enforcing 

law to carry out this SIP. AQD has adequate personnel to implement the SIP with respect to N02 

such implementation requirements. Should EPA determine that AQD lacks adequate personnel to 

plan (and is not carry out the SIP, EPA may issue a finding with respect to that deficiency, which 

prohibited by any AQD would have a legal obligation to correct. 

provision of Federal 

or State law from The Bernalillo Countx Ordinance 88-45 Qrovides the AQD with authority to 

carrying out such enforce :Qermitting Qrovisions, and 12rovides for assessment of administrative 

implementation plan enforcement actions and administrative 11enalties for violations of those :germit 

or portion thereof), terms and conditions. The EPA aQ:Qroved incomoration of Ordinance 88-45 into 

the Albuguergue - Bernalillo County SIP in a June I, 1999 rulemaking [ 64 FR 

29235]. Bernalillo Countx has since amended this ordinance and recodified it as 

Bernalillo County Ordinance, Q}i,lgW ~Q. ~ll~CQIJlll~li ~!iil; 111 4tt:. P.g],JJgt~a· 

~~~. 30-31 to 3Q~2 [Qmi!!llll~~ ~. 94-5, ll,~§!<li21~112~J. AQD has 

QroQosed a revision to the State Boards SIP to incomorate all of the currently 

effective ai;mlicable ordinances in order to u12date their authority to enforce said 

orovisions. 

§ (ii) requirements NMSA 1978 § 74-1-4 provides that the Air Board be comprised of at least a 

IIO(a)(2)(E)(ii) that the State majority of members who represent the public interest and do not derive any 

comply with the significant portion of their income from persons subject to or who appear before 

requirements the board on issues related to the CAA or Air Act. Board members are required 

respecting State to recuse themselves from rule-makings in which their impartiality may 

boards under CAA reasonably be questioned [20.11.82.14 NMAC]. 

Section I 28 [Section 

7428 of this Title], 

and 

§ 110(a)(2)(E) (iii) necessary Albuquerque-Bernalillo County is authorized to carry out all portions of New 

(iii) assurances that, Mexico's SIP within Bernalillo County [See§ 74-2-4]. NMED and the state 

where the State has Environmental Improvement Board retain oversight authority in the event the 

relied on a local or local authority fails to act [ See§ 74-2-4 (D)]. 

regional 

government, agency, 

or instrumentality 

for the 

implementation of 

any plan provision, 

the State has 

responsibility for 

Nitrogen Dioxide Infrastructure SIP- [EPA Stakeheleler] Public Review Draft, [12 111/12]2/26/13 

Page 12 of 17 
Attachment C 

Contains a copy of official hearing transcript of June 12, 

2013 public hearing to consider proposed NO2 NAAQS 

Infrastructure SIP. 
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 PETITION TO ADOPT A

STATE IMPLEMENTATION PLAN (SIP) FOR

NITROGEN DIOXIDE (NO2) TO ADDRESS

SECTIONS 110(a)(1) AND (2) OF THE

FEDERAL CLEAN AIR ACT (CAA), 42 U.S.C.

SECTION 7410(a)(1) AND (2), HEREAFTER

REFERRED TO AS THE "NO2 INFRASTRUCTURE

SIP" (AQB PETITION NO. 2013-3)

 No. AQCB 2013-3

 PROCEEDINGS

 June 12, 2013

 6:01 p.m.

 Vincent E. Griego Chambers

 Albuquerque-Bernalillo County Government Center

 One Civic Plaza, Northwest

 Albuquerque, New Mexico

REPORTED BY: Mary Abernathy Seal, RDR, CRR, NM CCR 69

 Bean & Associates, Inc.

 Professional Court Reporting Service

 201 Third Street, Northwest, Suite 1630

 Albuquerque, New Mexico 87102

(7512K) MAS
201 Third St. NW, Ste. 1630 Albuquerque NM 87102

info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494

2 (Pages 2 to 5)

Page 2

1 A P P E A R A N C E S

2 Albuquerque-Bernalillo County Air Quality Control

Board:

3

 Dona Upson, MD, City, Chair

4 Ms. Jane Cudney-Black, City

 Mr. Jens Deichmann, County

5 Robert Goldstein, MD, County

 Naomi Kistin, MD, County

6 Ms. Kelsey Curran, Vice Chair, City

 Mr. Jack Sullivan, City

7

 Dr. Lenton Malry, BCPC Liaison

8 Ms. Margaret Nieto, Secretary to the Board

9 For the City of Albuquerque:

10 MS. ADELIA W. KEARNY

 Deputy City Attorney

11 One Civic Plaza, Northwest

 Albuquerque, New Mexico 87102

12 (505) 768-4530

 akearny@cabq.gov

13

14 For the Albuquerque-Bernalillo County Air Quality

Control Board Counsel:

15

 MR. BILL GRANTHAM

16 One Civic Plaza, Northwest, Room 3023

 Albuquerque, New Mexico 87103

17 wggrantham@gmail.com

18 Also present:

19 Mr. Neal T. Butt, Environmental Health Scientist,

 Control Strategies Section, Air Quality

20 Division

Mr. Dario Rocha, Environmental Health

21 Supervisor

Mr. Kenneth Lienemann, Supervisor, Ambient Air

22 Monitoring Section

Mr. Jeff Stonesifer, Environmental Health Scientist,

23 Air Quality Division

24

25

Page 3

1 MR. GRANTHAM: I'll call the first hearing

2 to order. This public hearing is being held on June

3 12, 2013, in the Vincent E. Griego Chambers in the

4 Albuquerque-Bernalillo County Government Center in

5 Albuquerque, New Mexico. The time is 6:01 p.m.

6 This is a hearing of the

7 Albuquerque-Bernalillo County Air Quality Control

8 Board in the matter of petition to adopt state

9 implementation plan, or SIP, for nitrogen dioxide,

10 to address sections 110(a)(1) and (2) of the Federal

11 Clean Air Act, 42 USC section 7410(a)(1) and (2),

12 hereafter referred to as the NO2 infrastructure SIP.

13 My name is Bill Grantham. I'm an attorney

14 and I advise the board. I'm not a member of the

15 board, but I have been authorized by the board to

16 conduct this hearing.

17 The members present at this hearing are

18 the chair, Dr. Dona Upson, Ms. Kelsey Curran,

19 Ms. Jane Cudney-Black, Mr. Jens Deichmann,

20 Dr. Robert Goldstein, Mr. Jack Sullivan, Dr. Naomi

21 Kistin, and liaison to the planning commission,

22 Dr. Lenton Malry.

23 We will begin with the testimony of

24 proponent, the Air Quality Division of the

25 Albuquerque Environmental Health Department. No

Page 4

1 other parties have entered an appearance in this

2 hearing, but after the division's testimony we'll

3 take any public comments if there are any.

4 Air Board hearings do not follow the rules

5 of evidence as used in a court of law. However, it

6 is important for the board to remember that the

7 board must make its decision based on the sworn

8 testimony and evidence admitted at this hearing, and

9 that the sworn testimony will become part of the

10 hearing record. Everyone who testifies will be

11 sworn in by the court reporter before giving

12 testimony, and each witness must identify him- or

13 herself for the record and indicate who they

14 represent.

15 After the witness has testified, the board

16 members and I may question the witness. And I don't

17 see anyone in the public, but if there is anyone who

18 wishes to ask questions of witnesses, they'll have

19 that opportunity, as well.

20 Immediately after this hearing on the

21 board's agenda is an item to consider whether to

22 adopt the proposed SIP provision. So that's where

23 you'll do your deliberation on the proposal. But

24 please remember, if you have any questions or you

25 think you might have any questions, to ask them

Page 5

1 during this hearing's portion of the agenda.

2 I must instruct the board that in making

3 its regulations in accordance with the New Mexico

4 Air Quality Control Act, section 7425(e), the board

5 shall give the weight it deems appropriate to all

6 facts and circumstances, including but not limited

7 to the character and degree of injury to or

8 interference with health, welfare, visibility of

9 property, and to public interests including the

10 social and economic value of the sources, and

11 subjects of air contaminants.

12 Mr. Butt, are you ready to be sworn in and

13 give your testimony?

14 MR. BUTT: Yes.

15 NEAL BUTT,

16 after having been first duly sworn under oath,

17 was questioned, and testified as follows:

18 MR. BUTT: Thank you, Mr. Hearing Officer,

19 Madam Chair, members of the Board. My name is Neal

20 Butt. I'm an environmental health scientist with

21 the Air Quality Division, Control Strategy Section.

22 I'm here to present testimony in the matter of the

23 petition to adopt a state implementation plan, or

24 SIP, for nitrogen dioxide (NO2) to address sections

25 110(a)(1) and (2) of the Federal Clean Air Act,
201 Third St. NW, Ste. 1630 Albuquerque NM 87102

info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494

3 (Pages 6 to 9)

Page 6

1 cited under 42 US Code section 7410 (a)(1) and (2),

2 hereafter referred to as the NO2 Infrastructure SIP.

3 This is filed under Air Quality Control

4 Board Petition Number 2013-3.

5 The Federal Clean Air Act, section 110,

6 requires each state to submit a plan, or a state

7 implementation plan, or SIP, for the implementation,

8 maintenance, and enforcement of each National

9 Ambient Air Quality Standard, or NAAQS, within three

10 years of the promulgation by the United States

11 Environmental Protection Agency of such a standard.

12 Section 110 of the Clean Air Act sets

13 forth the general elements which must be contained

14 within the SIPs, generally referred to by EPA as the

15 infrastructure elements of SIPs.

16 On January 22nd of 2010, the then EPA

17 Administrator, Lisa Jackson, approved a new NAAQS

18 for NO2 which became effective April 12, 2010.

19 Based on this review of the air quality criteria for

20 oxides of nitrogen and the primary NAAQS for oxide

21 of nitrogen as measured by NO2, EPA made revisions

22 to the primary NO2 NAAQS in order to provide

23 requisite protection to the public health.

24 Specifically, EPA accomplished a new one-hour

25 standard at a level of 100 parts per billion based

Page 7

1 on the three-year average of the 98th percentile of

2 the yearly distribution of one-hour daily maximum

3 concentrations to supplement the existing annual

4 standard of 0.053 ppm.

5 All areas presently meet the current 1971

6 NO2 NAAQS with annual NO2 concentrations measured at

7 an area-wide monitor well below the level of the

8 standard 53 parts per billion. Annual average

9 ambient NO2 concentrations, as measured at area-wide

10 monitors, have decreased by more than 40 percent

11 since 1980.

12 Currently the annual average NO2

13 concentrations range from approximately 10 to 20

14 parts per billion. On February 17, 2012, the EPA

15 designated all areas in the United States as, quote,

16 "unclassifiable/attainment" for the new one-hour NO2

17 NAAQS.

18 As part of the NAAQS rulemaking, the EPA

19 promulgated revisions to requirements for minimum

20 numbers of ambient NO2 monitors that included new

21 monitoring near major roads in larger urban areas.

22 This will be referred to as the first tier, which

23 includes Albuquerque, Bernalillo County. In

24 addition, these monitoring requirements include the

25 characterization of NO2 concentrations

Page 8

1 representative of wider spatial scales in larger

2 urban areas, or area-wide monitors, covered under

3 the second tier, which does not include Bernalillo

4 County. Also monitors intended to characterize NO2

5 exposures of susceptible and vulnerable populations

6 are found in the third tier, also not included for

7 Bernalillo County.

8 Section 110(a)(2) of the Clean Air Act

9 requires states to submit to the EPA an

10 Infrastructure SIP that addresses the requirements

11 of section 110(a)(2)(A) through (M) of the Clean Air

12 Act within three years after the promulgation of a

13 NAAQS. Therefore, the NO2 Infrastructure SIP was

14 due on February 9 of this year. The Infrastructure

15 SIP is a compilation of elements that demonstrates

16 how Albuquerque and Bernalillo County will

17 implement, maintain, and enforce their revised NO2

18 NAAQS. This proposed SIP provision must be adopted

19 by the Albuquerque-Bernalillo County Air Quality

20 Control Board to be included as part of the New

21 Mexico State implementation plan, or SIP. When the

22 Infrastructure SIP is adopted by the Air Board and

23 approved by EPA, it will provide a federally

24 enforceable written confirmation of how Albuquerque

25 and Bernalillo County will continue to comply with

Page 9

1 the section 110(a)(2) requirements of the Clean Air

2 Act for the NO2 NAAQS.

3 The Public Review Draft of the proposed

4 NO2 Infrastructure SIP demonstrates the sufficiency

5 of the existing SIP to enable the division to

6 enforce the 2010 NO2 NAAQS by outlining all the

7 requirements in Sections 110(a)(2)(A) through (M) of

8 the Federal Clean Air Act, and then addressing how

9 Albuquerque and Bernalillo County meets each one.

10 These include enforceable emission limitations and

11 control measures, air quality monitoring and

12 modeling, a permitting program, adequate funding and

13 personnel, authority under state law to carry out

14 the plan, emissions reporting, emergency powers,

15 public participation, and fee collection.

16 No additional regulations or requirements

17 are being placed upon the regulated community with

18 this proposed NO2 Infrastructure SIP, only upon the

19 division, in the form of additional monitoring,

20 recordkeeping, and reporting. Therefore, the Air

21 Quality Division does not foresee that the proposed

22 SIP will have any adverse impact on the citizens or

23 businesses within Bernalillo County.

24 Therefore, the Environmental Health

25 Department of the City of Albuquerque through the
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1 Air Quality Division respectfully requests that the

2 Albuquerque-Bernalillo County Air Quality Control

3 Board adopt the division's proposed Infrastructure

4 SIP for NO2 shown as AQD Exhibit 1a as amended by

5 staff-proposed floor amendments shown as AQD Exhibit

6 5. After the NO2 Infrastructure SIP is adopted, it

7 will be submitted to EPA as a proposed revision to

8 the Albuquerque-Bernalillo County SIP.

9 This concludes my testimony. I would like

10 to have Exhibits 1 through 5 moved into the record,

11 and I stand for questions.

12 MR. GRANTHAM: Thank you, Mr. Butt.

13 Exhibits 1 through 5 are admitted. Are there

14 questions from the board? Dr. Goldstein.

15 MR. GOLDSTEIN: I have a question about

16 the location of the different monitors. As I

17 understand it, in the tier 1 level monitors, some of

18 them are located adjacent to major highways; is that

19 correct?

20 MR. LIENEMANN: My name is Ken Lienemann.

21 I'm the monitoring supervisor for City of

22 Albuquerque, and I want to make sure I understand

23 the question. We currently monitor NO, NO2 in

24 Albuquerque. This requirement is for an additional

25 monitoring site near or adjacent to the highest

Page 11

1 concentration, which is presumed to be a major

2 traffic thoroughfare. And we participated in a

3 pilot project -- we volunteered -- two years ago and

4 we put passive samplers at a number of locations in

5 Albuquerque. Am I addressing what you're interested

6 in?

7 MR. GOLDSTEIN: Yes.

8 MR. LIENEMANN: Okay. And the results of

9 that pilot project tentatively identified the

10 interchange where -- it's not quite an interchange,

11 where Lomas passes over Interstate 40. It's not

12 quite an interchange. It used to be called

13 Easterday, but it's no longer an interchange. Those

14 sites seem to be the highest in the one month of

15 sampling that we did. The levels were not anywhere

16 close to the standard, and we would have no trouble

17 meeting the standard.

18 MR. GOLDSTEIN: So are you saying that

19 there will be additional monitoring stations set up

20 now adjacent to highways, or you're just going to

21 use what is already in place?

22 MR. LIENEMANN: Madam Chairman and members

23 of the board, no, the requirement is specifically

24 that we no longer just monitor what you would call

25 average spread across the city NO2. It does

Page 12

1 establish a new monitoring level for one-hour ozone,

2 but it, in addition, requires that really for the

3 first time in an EPA requirement that the

4 measurements be done close to a source, a particular

5 source, in this case, roadside emissions.

6 So we will have to build a new monitoring

7 station adjacent to what EPA judges to be our

8 worst-case site, which, as I said, is tentatively

9 around where Lomas crosses over I-40. I don't think

10 we have enough evidence to really know that it will

11 always be highest. It was during the five weeks

12 that we sampled, and that could just be a fluke of

13 wind conditions.

14 One of the reasons that our deployment of

15 that site has been deferred is that EPA, with budget

16 constraints, is having a difficult time coming up

17 with the money to fund the sites. We are in the

18 third tier of places that will get money, the lowest

19 tier, because we're a relatively small population.

20 And I think I'm going beyond the question,

21 so why don't you bring me back on track.

22 MR. GOLDSTEIN: I think you have answered

23 my question. Thank you.

24 MR. LIENEMANN: Okay.

25 DR. UPSON: My understanding is that the

Page 13

1 reason we need another monitor is because of the

2 population growth of Albuquerque and Bernalillo

3 County; is that correct?

4 MR. LIENEMANN: Not quite, Madam Chairman.

5 It's actually because they want to monitor close to

6 the highway source, within 50 meters of the edge of

7 the nearest traffic lane of a major traffic source.

8 That has never been an EPA requirement before.

9 We've always been instructed to isolate ourselves

10 from sources so that we're measuring normal ambient

11 background. But in this case, they actually want to

12 be close to the source based on some EPA studies

13 that maybe people in major cities who live close to

14 a traffic source are getting more NO2 than other

15 people are.

16 MR. GRANTHAM: To follow up on Dr. Upson's

17 question, the relevance of the population of the

18 county is that it's a new requirement. It's a new

19 federal requirement, this population base, for this

20 new type of monitoring. So it's not the growth of

21 the area. It's just a new requirement.

22 MR. LIENEMANN: That is correct. And if

23 we technically went by the lower threshold that EPA

24 has established, we're under a million and we

25 wouldn't have a monitor at all. However, they
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1 require a minimum of one roadside monitor per state,

2 and Albuquerque has the largest population in the

3 state, so we will get that monitor.

4 MS. CURRAN: Has there been any thought to

5 additional studies to see if that location would be

6 the highest throughout the year for emissions, or

7 was that location set for when we get the money to

8 install the monitor?

9 MR. LIENEMANN: If I can rephrase the

10 question -- and you'll correct me if I have it

11 wrong -- you're wondering whether, before building a

12 permanent site, we will do additional studies to

13 identify a location?

14 MS. CURRAN: I guess more long-term study

15 versus just a month study that would be performed.

16 MR. LIENEMANN: This is not an official

17 answer, if you'll excuse me. I can't answer

18 officially because to some extent, that will be up

19 to EPA. I believe they are inclined to actually

20 direct us to put it where they said to put it with

21 no further discussion. But I can't really speak for

22 EPA.

23 And going a bit beyond that, I don't think

24 it will make much difference. The levels were

25 moderate to low in all sites. The one site near

Page 15

1 Lomas just happened to have a slightly higher

2 reading on one or two days, so I don't think it

3 makes a lot of difference. Once this requirement is

4 met, I don't think the data is going to do anything

5 to Albuquerque, as far as NO2 and meeting the NAAQS.

6 MS. CURRAN: Thank you.

7 DR. KISTIN: Could you state again what

8 the levels were in Albuquerque? I know Mr. Butt

9 told us, but...

10 MR. LIENEMANN: Do you want to know from

11 that pilot roadside thing, or from an ordinary

12 standpoint where we're measuring right now?

13 DR. KISTIN: The pilot roadside.

14 MR. LIENEMANN: The highest reading during

15 the pilot that we found -- and it was at the Lomas

16 overpass -- was 23 parts per billion and that was an

17 average on a 24-hour basis, a passive sample, you

18 just put out and let it soak up stuff for 24 hours,

19 you take the total amount that's absorbed and divide

20 it by 24, and that produces 23 parts per billion.

21 DR. KISTIN: And do we have any way of

22 measuring the P, or do we know P?

23 MR. LIENEMANN: Not with the passive

24 sampler, we don't, no.

25 DR. KISTIN: Do we have other methods to

Page 16

1 know that?

2 MR. LIENEMANN: Let me say hypothetically

3 that if you took the 23 parts per billion and you

4 multiplied it by 24 hours, and assumed that it all

5 came within one hour -- which is not realistic --

6 you might theorize that you had exceeded the

7 standard for one hour. But I would say that is

8 statistically almost impossible. There's pretty

9 continuous traffic by Lomas and I-40, where Lomas

10 crosses over. There's a bit of a rush hour in the

11 morning, a bit of a rush hour in the afternoon.

12 Occasionally there's a traffic jam, but to

13 presuppose that somehow the entire amount is

14 absorbed in one hour is not likely. And this

15 number, if I can spread the loop a little bit

16 larger, can take in our current continuous ongoing

17 monitoring. We really have low NO2 levels in

18 Albuquerque. We don't have an NO2 problem at all.

19 We have no NO2 sources. We have no large industry.

20 We have no large power plants. Our NO2 comes

21 predominantly from vehicle engines which are hot.

22 It takes nitrogen out of the air and it mixes it

23 with oxygen. We have a bit higher levels in the

24 winter months than we do in the summer months,

25 because we have a new heat source. We have people

Page 17

1 burning gas in furnaces to keep their houses warm.

2 They're distributed, there are thousands of them,

3 they're small, but cumulatively they produce some

4 NO2. And in the winter months we have temperature

5 inversions which hold that down close to the ground.

6 So we monitor in the winter months and

7 even then we don't approach the 100 PPB standard.

8 We really don't have an NO2 problem.

9 MR. DEICHMANN: Mr. Hearing Officer,

10 Mr. Butts, what I'm hearing, if I understand

11 correctly, there's no practical impact on the city

12 other than having to do with the additional

13 monitoring and recordkeeping and such. Is there any

14 practical benefit to public health in going through

15 this thing?

16 MR. BUTT: Madam Chair, members of the

17 board, I'd say if you have an NO2 problem, if it

18 does crop up, you'd be able to know in advance that

19 there is an NO2 problem. Right now there isn't.

20 But if you might -- I mean, I don't know if

21 transport is possible or not, or if somebody -- if a

22 new industry moves into town, it might be good to

23 have a bellwether in place. But I couldn't swear to

24 that.

25 MR. LIENEMANN: May I?
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1 MR. BUTT: Go ahead.

2 MR. LIENEMANN: This is somewhat

3 speculative, but another one of the air pollutants

4 that we have a great deal of interest in is ozone.

5 And ozone has a relationship to oxides of nitrogen.

6 It's one of the precursors that helps form it. It

7 also helps break it down, and it's a very big

8 subject. But we are borderline on ozone. It's the

9 only pollutant of EPA's that we actually have issues

10 with.

11 And I will say that from a scientific

12 standpoint, the more NO data we have, the better we

13 may be able to understand where our ozone is coming

14 from. So that's somewhat circuitous and it comes at

15 it from the backside. I don't think we have an NO2

16 problem, but I think monitoring NO2 closest to the

17 source that predominates our area may help us to

18 understand ozone.

19 MR. DEICHMANN: If I may continue, so

20 going along that path, I know that VOCs and NOx and

21 I don't know what other -- I don't recall what

22 others. Sunlight, certainly.

23 MR. LIENEMANN: You have got them all.

24 100 percent.

25 MR. DEICHMANN: I'm sorry?

Page 19

1 MR. LIENEMANN: You have got them all 100

2 percent.

3 MR. DEICHMANN: We've got plenty of

4 sunlight, and if we're a quarter or if we're way low

5 on NO2, can I assume that wherever they came up with

6 the standard for the NO2 takes concerns about ozone

7 into account, or are they looking at them as a

8 standalone issue?

9 MR. LIENEMANN: I believe from EPA's

10 standpoint, they're looking at the NO2 from a

11 standalone viewpoint. It has a chemical

12 relationship with ozone, but I believe their concern

13 is the actual health impact of oxides of nitrogen.

14 MR. DEICHMANN: So if we're pushing up

15 against the edges of the ozone standard, we're way

16 low on the NO2, then it's either we got to get rid

17 of sunlight or the VOCs; right?

18 MR. LIENEMANN: Well, as I said, that's a

19 very large topic, and I think we'll be exploring

20 that a lot more in the upcoming years. It's one of

21 the most complicated things that's going on with air

22 quality right now, is ozone formation. And we

23 don't -- I don't know enough tonight to really give

24 you a definitive answer. All I can tell you is that

25 we're planning to look at that very closely.

Page 20

1 MR. DEICHMANN: Then if I can just go to

2 the cost benefit of this, the benefit is maybe

3 questionable, if I can presume for a moment, but the

4 cost then is -- where is the funding coming for

5 that? You may have covered that, but I didn't hear

6 it.

7 MR. LIENEMANN: Actually, no, but it's a

8 very simple answer. EPA has to come up with the

9 funding, and because they don't have enough money to

10 fund it right now in their budgets, they have

11 divided it into tiers, and they put the least

12 significant sites in the lowest tier, and that's us.

13 We're in the third tier. We'll be the last people

14 to build this roadside site, and our tentative

15 target date as of now is, it should be on line by

16 January 1, 2017. But that will depend on the

17 budgets.

18 MR. DEICHMANN: Thank you.

19 MR. GRANTHAM: Dr. Upson.

20 DR. UPSON: Thank you. In terms of

21 population, were any of these test sites done at

22 areas where vehicles might be idling for long

23 periods of time, such as around schools, where an

24 hourly level might be high but other times during

25 the day it might not be so high?

Page 21

1 MR. LIENEMANN: Were any of the pilot

2 project sites located near susceptible populations?

3 Is that the question?

4 DR. UPSON: Particularly near schools

5 where school buses and cars are idling for long

6 periods of time when children are in the vicinity.

7 MR. LIENEMANN: No, none of the pilot

8 sites were. I think I understand where you're

9 coming from. Correct me if I get this wrong. EPA

10 pretty much drove us to the selection of sites. I

11 was allowed to go around and scan sites. And for

12 us, we have a rather unusual layout in Albuquerque.

13 There is not much vacant available land near an

14 interstate, particularly if you want to get within

15 50 meters. The access roads that parallel the

16 interstates push you away out beyond 50 meters. So

17 we were hard-pressed to come up with sites that met

18 their requirement.

19 We did measure at five sites, and that's

20 kind of an exaggeration, because two of them were on

21 either side of the interstate near Lomas. But

22 leaving that aside, they had to approve them, and my

23 sense is they're going to drive us to use one of

24 those sites.

25 The school question that you raise -- and
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1 excuse me, but I'm going to caveat by saying I'm not

2 a medical doctor -- but from all the reading I have

3 done on air quality, those sites are probably more

4 an issue because the school buses are diesel and can

5 emit small diesel particulates, and they worry about

6 that impact on the children.

7 But I don't believe that EPA will -- this

8 is supposed to be a roadside site, not a school

9 site, and I think they will insist on it being near

10 to -- at one point they were asking for the Big I,

11 and I had to take them down and show them there is

12 just no place you can put a monitoring station in

13 the middle of the Big I. They thought, well, that

14 would be the maximum traffic. That's where we've

15 got to go. And I said, "We can't. There's no place

16 for it."

17 So I think they're going to push us

18 towards the Lomas site.

19 DR. UPSON: Thank you.

20 MR. DEICHMANN: One more. So if you had

21 had your druthers, where would you have selected

22 some pilot sites?

23 MR. LIENEMANN: Member Deichmann, I'm

24 feeling rather constrained by that question. This

25 shouldn't really be my personal choice. I think

Page 23

1 that the Lomas site is somewhat of an anomaly, maybe

2 only during the brief period that we took samples.

3 But I can't prove that, and can't truly say that I

4 think there's another site that would be

5 significantly higher or significantly lower. We're

6 in the low range all the way around, and any site is

7 going to probably be in the low range. If our

8 highest site is only showing 23 on an hourly basis,

9 I don't see anything that would be higher.

10 MR. DEICHMANN: Thank you.

11 MR. GRANTHAM: Ms. Cudney-Black.

12 MS. CUDNEY-BLACK: I have some questions

13 about how the results of the infrastructure project

14 will affect the regulated community in the future.

15 I understand that at this point we're just looking

16 at collecting data to see what the one-hour NO2

17 averages are and the NAAQS. In future, how do you

18 expect those numbers to be applied in cases where

19 you have permittees coming with new industry?

20 MR. LIENEMANN: Madam Chairman and Member

21 Cudney-Black, again, this is not truly my area of

22 expertise. Perhaps Dario will chime in. Since I

23 think we are in the very low level and since we have

24 very few large sources of NO2 or NOX, my opinion is

25 that it will not affect the regulated community at

Page 24

1 all. Vehicle drivers on the interstate are not

2 regulated. They're mobile sources and it's not

3 individual cars. And I don't think we have an NO2

4 problem, so I don't think that there will be a

5 relationship to the regulated community.

6 DARIO ROCHA,

7 after having been first duly sworn under oath,

8 was questioned, and testified as follows:

9 MR. ROCHA: Regarding the regulated

10 community --

11 MR. GRANTHAM: If you would identify

12 yourself.

13 MR. ROCHA: I'm sorry. My name is Dario

14 Rocha, supervisor for Air Quality Permitting. You

15 know, in regards to the regulated community, if a

16 source is going to -- if a permittee is going to

17 construct a new major stationary source or modify an

18 existing major stationary source, then they would be

19 required to conduct modeling to demonstrate

20 compliance with the one-hour NO2 standard. Minor

21 sources would not have to conduct modeling to

22 demonstrate compliance with the one-hour NO2

23 standards.

24 So we haven't had a major stationary

25 source permitting action since 1997, when Delta

Page 25

1 Power was constructed in the South Valley. So it's

2 a very rare occurrence. That's the impact we would

3 see from a permitting standpoint. There's just not

4 enough guidance right now to be able to have minor

5 sources show compliance with that one-hour standard.

6 MS. CUDNEY-BLACK: You bring up an

7 interesting point, in that I know that there are

8 some in the regulated community who are major

9 sources already. Are they going to be required to

10 remodel when the one-hour NOx is brought on?

11 MR. ROCHA: There are major Title V

12 sources, yes, but unless it's classified as a major

13 stationary source, what are the PSD regulations

14 which would fall under 20.11.61 NMAC? And that's

15 for major stationary sources that are constructed or

16 modified under that regulation. They would have to

17 show compliance with the one-hour standard.

18 Title V sources do not have to demonstrate

19 compliance with that standard, since they're not

20 modifying, unless they modify the source, or

21 someone's going to construct a new major stationary

22 source subject to the PSD rules.

23 MR. GRANTHAM: Are there other questions

24 from the board?

25 MR. ROCHA: I'd like to defer to Jeff
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1 Stonesifer, who is our modeling expert, who can

2 offer a few more comments regarding the one-hour NO2

3 modeling.

4 MR. GRANTHAM: If you can be sworn in and

5 identify yourself for the record.

6 JEFF STONESIFER,

7 after having been first duly sworn under oath,

8 was questioned, and testified as follows:

9 MR. STONESIFER: Members of the board, my

10 name is, again, Jeff Stonesifer. I'm the senior

11 environmental health scientist and meteorologist on

12 staff at the City's area division. Ms. Cudney-Black

13 was asking about modeling for the one-hour NO2, and

14 Dario had just mentioned that right now we would

15 only require it for a PSD project.

16 I recently went to a modeling conference

17 in Dallas, Texas, and there was quite a bit of

18 discussion on the one-hour NO2 standard and modeling

19 for the standard. You see, for a long time we

20 haven't done the modeling for that new standard,

21 because the data that would be required wasn't

22 available. In particular, if you're going to have a

23 one-hour standard, you don't want to be using

24 one-hour data because the steady-state models that

25 we use are going to push the air in that one same

Page 27

1 direction for each hour, and you would want, say,

2 five-minute data or even two-minute data over the

3 period of an hour to look at more realistically how

4 the pollutants are going to disperse.

5 And I wasn't able to find that data a year

6 or two ago when I was looking for it, but when I

7 went to Dallas to this conference, it was said at

8 the conference that the data is now available at

9 NCDC.

10 I have been pretty busy with wildfire

11 smoke, so I haven't had a chance to get that data

12 yet, and, you know, make it available to the

13 consultants out there in the community to do the

14 modeling. But I have been told that it is now

15 available.

16 And another thing that needs to be done

17 before we do this modeling is the Federal Register

18 has some guidance for modelers all over the country,

19 and they really haven't updated it for the new

20 one-hour standards.

21 Now, when I was at this conference in

22 Dallas, Texas, they said that that update is coming

23 very soon. So you know, when they get that out, our

24 list of reasons for not requiring that one-hour NO2

25 modeling from minor sources is growing thin. And

Page 28

1 we're going to have to, you know, make minor sources

2 submit that modeling.

3 And as far as using the data, how is that

4 going to affect the regulated community? Well, when

5 we look at model results, we also add a background,

6 you know. Everything that's not industrial, you

7 know, not from the industrial sources, in other

8 words, traffic. How much is traffic contributing?

9 How much are the backyard grills contributing? How

10 much can chemical reactions in the air? All that

11 stuff is taken into account by the monitors, and we

12 call that background, and we add it to the modeling

13 results. And I did a preliminary analysis on the

14 NO2 data, and there is a very clear pattern within

15 the NO2 data. There's a rise in the one-hour

16 concentrations during the morning commute, and then

17 it falls off, and then there's another slight peak

18 during the afternoon and evening rush hour. And

19 then it goes back down again.

20 So we are looking at that, and when the

21 EPA updates the Federal Register, we're probably

22 going to have to make companies that want to, you

23 know, build new factories or modify current

24 factories and plants submit modeling for the new

25 one-hour NO2 standard.

Page 29

1 MS. CUDNEY-BLACK: That answered my

2 question exactly. Thank you.

3 MR. STONESIFER: Sure.

4 MR. GRANTHAM: Any other questions from

5 the board?

6 At this time if there's anybody in the

7 audience who would like to ask questions of the

8 division, or to make any comments.

9 Seeing none, unless there's an objection

10 from anyone on the board, I will close the hearing

11 at this point. And hearing none, the hearing is

12 adjourned at 6:42. Thank you.

13 DR. UPSON: Thank you, Mr. Grantham. We

14 have a resolution before us, and Ms. Cudney-Black is

15 going to read that for the record.

16 MS. CUDNEY-BLACK: Albuquerque-Bernalillo

17 County Air Quality Control Board resolution number

18 2013-3, adopting a state implementation plan, SIP,

19 for nitrogen dioxide, NO2, to address sections

20 110(a)(1) and (2) of the Federal Clean Air Act, CAA,

21 42 USC 7410(a)(1) and (2), hereafter referred to as

22 the "NO2 Infrastructure SIP."

23 Whereas the New Mexico Air Quality Control

24 Act, Air Act, NMSA 74-2-5, requires the

25 Albuquerque-Bernalillo County Air Quality Control
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1 Board, or Air Board, to, quote, "adopt, promulgate,

2 publish, amend, and repeal regulations consistent

3 with the Air Quality Control Act to attain and

4 maintain the national ambient air quality standards

5 and prevent or abate air pollution, including

6 regulations prescribed in air standards," within

7 Bernalillo County, and to meet requirements of the

8 CAA, City of Albuquerque, and Bernalillo County

9 Joint Air Quality Control Board ordinances, and the

10 Air Board regulations; and

11 Whereas, on June 12, 2013, the Air Board

12 held a public meeting in the Vincent E. Griego

13 Chambers, on the basement level of the

14 Albuquerque-Bernalillo County Government Center, 1

15 Civic Plaza, Northwest, in Albuquerque, New Mexico,

16 and the hearing was held consistent with the notice

17 requirements of the Air Act, and 20.11.82 NMAC,

18 Rulemaking Procedures, AQCB; and

19 Whereas, on June 12, 2013, the Air Board

20 met and determined that the "NO2 Infrastructure SIP"

21 should be adopted and submitted to EPA, as a

22 revision to the SIP; and

23 Whereas, at the June 12, 2013, public

24 hearing, testimony was presented to establish a

25 present need, or a reasonably anticipated future

Page 31

1 need, which exists to warrant taking the following

2 actions to help prevent or abate air pollution.

3 Now, therefore be it resolved by the board

4 that, one, regarding the NO2 Infrastructure SIP as

5 proposed in APB Exhibit 1a, as amended by staff's

6 proposed floor amendment shown in AQD Exhibit 5,

7 which were admitted at the June 12, 2013, hearing,

8 is hereby adopted.

9 Two, the Board hereby directs staff to

10 take all actions necessary to submit the NO2

11 Infrastructure SIP as amended to EPA as a revision

12 to SIP. Any changes? With no changes.

13 DR. UPSON: So I guess maybe we should

14 have voted first for the amendment.

15 MR. GRANTHAM: We need a motion to adopt

16 the resolution as read.

17 MS. CURRAN: So moved.

18 DR. UPSON: Second?

19 MS. CUDNEY-BLACK: I second.

20 DR. UPSON: The motion has been moved by

21 Ms. Curran and seconded by Ms. Cudney-Black. All in

22 favor? Any further discussion? Hearing none, all

23 in favor say, "Aye." Opposed? Abstain? Passes

24 unanimously.

25 MR. GRANTHAM: We'll move into the second

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1 hearing now.

2 (The proceedings adjourned at 6:47 p.m.)

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1 STATE OF NEW MEXICO )

 ) ss

2 COUNTY OF BERNALILLO)

3

4 REPORTER'S CERTIFICATE

5 I, Mary Abernathy Seal, New Mexico

Certified Shorthand Reporter, DO HEREBY CERTIFY that

6 I did administer the oath to the witness(es) herein

prior to the taking of this hearing; that I did

7 thereafter report in stenographic shorthand the

testimony set forth herein, and the foregoing is a

8 true and correct transcription of the proceeding had

upon the taking of this hearing.

9

 I FURTHER CERTIFY that I am neither

10 employed by nor related to any of the parties or

attorneys in this case, and that I have no interest

11 whatsoever in the final disposition of this case in

any court.

12

13 _______________________________

14 Mary Abernathy Seal

 BEAN & ASSOCIATES, INC.

15 NM Certified Court Reporter #69

 License expires: 12/31/13

16

17

(7512K) MAS

18 Date taken: June 12, 2013

Proofread by: KW

19

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1 STATE OF NEW MEXICO ) 

) ss 

2 COUNTY OF BERNALILLO) 

3 

4 REPORTER'S CERTIFICATE 

5 I, Mary Abernathy Seal, New Mexico 

Certified Shorthand Reporter, DO HEREBY CERTIFY that 

6 I did administer the oath to the witness(es) herein 

prior to the taking of this hearing; that I did 

7 thereafter report in stenographic shorthand the 

testimony set forth herein, and the foregoing is a 

8 true and correct transcription of the proceeding had 

upon the taking of this hearing. 

9 

I FURTHER CERTIFY that I am neither 

10 employed by nor related to any of the parties or 

attorneys in this case, and that I have no interest 

11 whatsoever in the final disposition of this case in 

any court. 

12 

13 1JvA~ II· ~41_. /' 

14 

15 

16 

17 

(7512K) MAS 

Mary Abernathy Seal 

BEAN & ASSOCIATES, INC. 

NM Certified Court Reporter #69 

License expires: 12/31/13 

18 Date taken: June 12, 2013 

Proofread by: KW 

19 

20 

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SAl'HA r'E OFBC'E 

119 East Marcy, Suite II 0 

Santa Fe, NM 87501 

(505) 989-4949 

F:\X (505) 8•13-9492 

MAINOFt1CE 

201 Third NW, Suire 16.'!0 

Albuquerque, NM 8711)2 

(505) 843-9·194 

FA '1: (505) 843-9492 

1~9492 

c~ma.il: info@litsupport.rom 
A 

abate 30:5 31:2 

Abernathy 1:17 33:5,14 

able 17:18 18:13 25:4 27:5 

absorbed 15:19 16:14 

Abstain 31:23 

access 21:15 

accomplished 6:24 

account 19:7 28: II 

Act 1:7 3:11 5:4,25 6:5,12 8:8,12 

9:2,8 29:20,24,24 30:3,17 

action 24:25 

actions 31:2,10 

actuall9: 13 

add 28:5,12 

addition 7:24 12:2 

additional9: 16,19 10:24 II: 19 

14:5,12 17:12 

address 1:6 3:10 5:24 29:19 

addresses 8: 10 

addressing 9:8 II :5 

ADELIA2:10 

adequate 9: 12 

adjacent 10:18,25 11:20 12:7 

adjourned 29:12 32:2 

administer 33:6 

Administrator 6: 17 

admitted4:810:13 31:7 

adopt 1:5 3:8 4:22 5:23 10:3 30:1 

31:15 

adopted 8:18,22 10:6 30:21 31:8 

adopting 29: 18 

advance 17:18 

adverse 9:22 

advise 3:14 

affect 23:14,25 28:4 

afternoon 16:11 28:18 

Agency6:11 

agenda4:215:1 

ago 11:3 27:6 

ahead 18: I 

air 1:2,7 2:2,14,19,21,23 3:7,11,24 

4:4 5:4,11,21,25 6:3,5,9,12,19 

8:8,11,19,22 9:1,8,11,20 10:1,2 

16:22 18:3 19:21 22:3 24:14 

26:25 28:10 29: 17 ,20,23,24,25 

30: 1,3,4,5,6,9,10,11,17,19 31:2 

info@ litsupporLcom 

akearny@cabq.gov 2:12 

Albuquerque 1:15,19 2:9,11,16 

3:5,25 7:23 8:16,24 9:9,25 10:22 

10:24 11:5 13:2 14:2 15:5,8 

16:18 21:12 30:8,15 

Albuquerque-Bernalillo I: I, 14 

2:2,14 3:4,7 8:19 10:2,8 29:16 

29:25 30:14 

allowed 21: 11 

ambient2:21 6:9 7:9,20 13:10 

30:4 

amend30:2 

amended 10:4 31:5,11 

amendment31:6,14 

amendments 10:5 

amount15:1916:13 

analysis 28: 13 

annual7:3,6,8, 12 

anomaly 23: I 

answer 14:17,17 19:24 20:8 

answered 12:22 29:1 

anticipated 30:25 

anybody 29:6 

APB 31:5 

appearance 4: I 

applied 23:18 

approach 17:7 

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approximately 7: 13 

April6:18 

AQB 1:8 

AQCB 1:10 30:18 

AQD 10:4,5 31:6 

area 13:21 18:17 23:21 26:12 

areas 7:5,15,21 8:2 20:22 

area-wide7:7,9 8:2 

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asking 22: 10 26: 13 

Associates 1:18 33:14 

assume 19:5 

assumed 16:4 

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attorney2:10 3:13 

attorneys 33: 10 

audience 29:7 

BEAN & ASSOCIATES, INC. 

authority 9: 13 

authorized 3:15 

Page I 

available21:13 26:22 27:8,12,15 

average7:1,8,1211:2515:17 

averages 23:17 

Aye31:23 

----~~~B-----~-, 

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background 13: II 28:5,12 

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backyard 28:9 

base 13:19 

based4:7 6:19,25 13:12 

basement 30: 13 

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BCPC2:7 

Bean 1:18 33:14 

believe 14:19 19:9,12 22:7 

bellwether 17:23 

benefit 17: 14 20:2,2 

Bernalillo 7:23 8:3,7,16,25 9:9,23 

13:2 30:7,8 33:2 

better 18:12 

beyond 12:20 14:23 21:16 

big 18:7 22:10,13 

Bill2: 15 3:13 

billion6:25 7:8,14 15:16,20 16:3 

bit 14:23 16:10,11,15,23 26:17 

board 1:2 2:2,8,14 3:8,14,15,15 

4:4,6,7,15 5:2,4,19 6:4 8:20,22 

10:3,14 11:23 17:17 25:24 26:9 

29:5,10,17 30:1,1,9,10,11,19 

31:3,9 

board's 4:21 

borderline 18:8 

break 18:7 

brief23:2 

bring 12:21 25:6 

brought 25: I 0 

budget 12: 15 

budgets 20: I 0, 17 

build 12:6 20:14 28:23 

building 14: II 

burning 17: I 

buses21:5 22:4 

businesses 9:23 

505-843-9494 

201 Third SL NW, Ste. 1630 Albuquerque NM 87102 
busy27:10 

Butt2:19 5:12,14,15,18,20 10:12 

15:817:1618:1 

Butts 17:10 

~-~~--~---~---··. -- -------- ··---

-·-·····- ----·-··-· c ---- ··- ------ C2:1 

CAA I :7 29:20 30:8 

call3: 1 11:24 28:12 

called II : 12 

carry9:13 

cars 21:5 24:3 

case 12:5 13: II 33:10,11 

cases 23:18 

caveat 22:1 

CCR 1:17 

Center 1:14 3:4 30:14 

certainly 18:22 

CERTIFICATE 33:4 

Certifted 33:5,15 

CERTIFY 33:5,9 

chair2:3,6 3:18 5:19 17:16 

Chairman II :22 13:4 23:20 

Chambers I: 13 3:3 30: 13 

chance 27: II 

changes 31:12,12 

character 5:7 

characterization 7:25 

characterize 8:4 

chemical19: 11 28: 10 

children 21 :6 22:6 

chime23:22 

choice 22:25 

circuitous 18:14 

circumstances 5:6 

cited 6:1 

cities 13: 13 

citizens 9:22 

city 2:3,4,6,6,9,10 9:25 10:21 

11:25 17:11 30:8 

City's 26:12 

Civic 1:14 2:11,16 30:15 

classified 25:12 

aean 1:7 3:11 5:25 6:5,12 8:8,11 

9:1,8 29:20 

clear28:14 

close 11:16 12:4 13:5,12,13 17:5 

29:10 

closely 19:25 

closest 18:16 

Code6:1 

collecting 23: 16 

collection 9: 15 

come20:821:17 

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coming 12:16 18:13 20:4 21:9 

23:19 27:22 

comments4:3 26:2 29:8 

commtssion 3:21 

community9:17 23:14,25 24:5,10 

24:15 25:8 27:13 28:4 

commute28:16 

companies 28:22 

compilation 8: 15 

compliance24:20,22 25:5,17,19 

complicated 19:21 

comply8:25 

concentration II: I 

concentrations 7:3,6,9, 13,25 

28:16 

concern 19:12 

concerns 19:6 

concludes 10:9 

conditions 12: 13 

conduct 3:16 24:19,21 

conference 26:16 27:7,8,21 

confirmation 8:24 

consider 4:21 

consistent 30:2,16 

constrained 22:24 

constraints 12:16 

construct24:17 25:21 

constructed 25:1,15 

consultants 27: 13 

contained 6: 13 

contaminants 5: 11 

continue8:25 18:19 

continuous 16:9,16 

contributing 28:8,9 

control1:2 2:2,14,19 3:7 5:4,21 

6:3 8:20 9:11 10:2 29:17,23,25 

30:3,9 

correct 10:19 13:3,22 14:10 21:9 

33:8 

BEAN & ASSOCIATES, INC. 

correctly 17: 11 

cost20:2,4 

Counsel2: 14 

country 27:18 

Page2 

county l:l,l4 2:2,4,5,5,14 3:4,7 

7:23 8:4,7,16,19,25 9:9,23 10:2 

10:8 13:3,18 29:17,25 30:7,8,14 

33:2 

court 1:18 4:5,11 33:11,15 

covered 8:2 20:5 

criteria 6: 19 

crop 17:18 

crosses 12:9 16:10 

CRR 1:17 

Cudney-Biack2:4 3:19 23:ll,12 

23:21 25:6 26:12 29:1,14,16 

31:19,21 

cumulatively 17:3 

Curran2:6 3:18 14:4,14 15:6 

31:17,21 

current 7:5 16:16 28:23 

currently7:12 10:23 

-0~·-···---~--

daily7:2 

Dallas26:17 27:7,22 

Dario2:2023:22 24:6,13 26:14 

data 15:4 18:12 23:16 26:21,24 

27:2,2,5,8,11 28:3,14,15 

date 20:15 33:18 

day20:25 

days 15:2 

deal18:4 

decision 4:7 

decreased 7: 10 

deems5:5 

defer25:25 

deferred 12:15 

definitive 19:24 

degree5:7 

Deichmann2:4 3:19 17:9 18:19 

18:25 19:3,14 20:1,18 22:20,23 

23:10 

deliberation 4:23 

Delta24:25 

demonstrate24:19,22 25:18 

demonstrates 8:15 9:4 

505-843-9494 info@litsupport.com 

201 Third St. NW, Ste. 1630 Albuquerque NM 87102 
Department3:25 9:25 

depend 20: 16 

deployment 12:14 

Deputy2:10 

designated 7: 15 

determined 30:20 

diesel22:4,5 

difference 14:24 15:3 

different 10: 16 

difficult 12:16 

dioxide 1:6 3:9 5:24 29:19 

direct 14:20 

direction 27: 1 

directs 31 :9 

discussion 14:2126:1831:22 

disperse 27:4 

disposition 33: II 

distributed 17:2 

distribution 7:2 

divide 15:19 

divided 20: ll 

division 2:20,23 3:24 5:21 9:5,19 

9:21 10:1 26:12 29:8 

division's 4:2 10:3 

doctor22:2 

Dona2:3 3:18 

Dr2:7 3:18,20,20,22 10:14 12:25 

13:16 15:7,13,21,25 20:19,20 

21:4 22:19 29:13 31:13,18,20 

Draft9:3 

drive21:23 

drivers 24: 1 

drove21:10 

druthers 22:21 

due8:14 

duly 5: 16 24:7 26:7 

It .. 

E 1:13 2:1,1 3:3 30:12 

Easterday 11:13 

economic 5: I 0 

edge 13:6 

edges 19:15 

effective 6:18 

either 19:16 21:21 

elements 6:13,15 8:15 

emergency 9: 14 

emission 9: I 0 

emissions 9: 14 12:5 14:6 

emlt22:5 

employed 33:10 

enable9:5 

enforce 8:17 9:6 

enforceable 8:24 9: 10 

enforcement 6:8 

engines 16:21 

entered4:1 

entire 16: 13 

environmental 2:19,20,22 3:25 

5:206:119:2426:11 

EPA 6:14,16,21,24 7:14,18 8:9,23 

10:7 12:3,7,15 13:8,12,23 14:19 

14:22 20:8 21:9 22:7 28:21 

30:21 31:11 

EPA's 18:9 19:9 

establish 12: 1 30:24 

established 13:24 

evenlng28:18 

evidence4:5,8 12:10 

exactly 29:2 

exaggeration 21:20 

exceeded 16:6 

excuse 14:17 22:1 

Exhibit 10:4,5 31:5,6 

Exhibits 10:10,13 

existing7:3 9:5 24:18 

exists 31: I 

expect 23:18 

expert 26:1 

expertise 23:22 

expires 33:15 

exploring 19: 19 

exposures 8:5 

extent 14:18 

-~····· ·--:F--··-········--

···· --·· ··-· -·---~----'"'·····-~----~~ 

factories 28:23,24 

facts5:6 

faJI25: 14 

falls28:17 

far 15:5 28:3 

favor 31:22,23 

February7:14 8:14 

federal!:? 3:10 5:25 6:5 9:8 

BEAN & ASSOCIATES, INC. 

13:19 27:17 28:2129:20 

federally 8:23 

fee9: 15 

feeling22:24 

filed6:3 

final33: 11 

find 27:5 

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first3:15:16 7:2212:3 24:7 26:7 

31:14 

five 12:11 21:19 

five-minute 27:2 

floor 10:5 31:6 

fluke 12:12 

follow 4:4 13: 16 

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follows 5: 17 24:8 26:8 

foregoing33:7 

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form9:19 18:6 

formation 19:22 

forth 6:13 33:7 

found 8:6 15:15 

fund 12:17 20:10 

funding 9:12 20:4,9 

furnaces 17: I 

further 14:21 31:22 33:9 

future 23:14,17 30:25 

gas 17:1 

general6: 13 

generally 6: 14 

getting 13:14 

give 5:5,13 19:23 

giving4:11 

go 18:120:121:1122:15 

goes28:19 

going 11:20 12:20 14:23 15:4 

17:14 18:20 19:2121:23 22:1,17 

23:7 24:16,16 25:9,21 26:22,25 

27:4 28:1,4,22 29:15 

Goldsteln2:5 3:20 10:14,15 11:7 

ll:18 12:22 

good 17:22 

Government 1:14 3:4 30:14 

Grantham2:15 3:1,13 10:12 

13:16 20:19 23:11 24:II25:23 

505-843-9494 info@litsupport.com 

201 Third St. NW, Ste. 1630 Albuquerque NM 87102 
26:4 29:4,13 31:15,25 

great 18:4 

Griego I: 13 3:3 30: 12 

grills 28:9 

ground 17:5 

growing 27:25 

growth 13:2,20 

guess 14:14 31:13 

guidance25:4 27:18 

-- ~-~-------~- -------

~------------- ---" -- . ----~- happened 15: I 

hard-pressed 21 : 17 

health 2:19,20,22 3:25 5:8,20 6:23 

9:24 17:14 19:13 26:11 

hear20:5 

hearing 3: I ,2,6,16, 17 4:2,8,10,20 

5:18 17:9,10 29:10,11,11 30:16 

30:24 31:7,22 32: I 33:6,8 

hearings 4:4 

hearing's 5:1 

heat 16:25 

held 3:2 30:12,16 

help 18:17 31:2 

helps 18:6,7 

high 20:24,25 

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highest 10:25 11:14 12:11 14:6 

15:14 23:8 

highway 13:6 

highways 10:18 11:20 

hold 17:5 

hot 16:21 

hour 16:5,7,10,11,14 27:1,3 28:18 

hourly 20:24 23:8 

hours 15:18 16:4 

houses 17:1 

hypothetically 16:2 

-~~---- ---~-~----~-

identified ll :9 

ldentify4:12 14:13 24:11 26:5 

idling 20:22 21:5 

Immediately 4:20 

impact9:2217:1119:13 22:625:2 

implement 8: 17 

implementation 1:5 3:9 5:23 6:7,7 

8:21 29:18 

important4:6 

impossible 16:8 

Inclined 14:19 

include7:24 8:3 9:10 

included 7:20 8:6,20 

includes 7:23 

Including 5:6,9 30:5 

indicate 4: 13 

Individual 24:3 

industrial28:6, 7 

industry 16:19 17:22 23:19 

infrastructure I :8 3:12 6:2, IS 

8:10,13,14,22 9:4,18 10:3,6 

23:13 29:22 30:20 31:4, ll 

injury 5:7 

insist 22:9 

install14:8 

instruct 5:2 

instructed 13:9 

intended 8:4 

interchange II: 10,10,12,13 

interest 18:4 33:10 

interested II :5 

interesting 25:7 

interests 5;9 

interference 5:8 

interstate 11:1121:14,2124:1 

interstates 21: 16 

inversions 17:5 

isolate 13:9 

issue 19:8 22:4 

issues 18:9 

item4:21 

14012:9 16:9 

----------' -~---- -------"-~-- -~ -~--- ---

Jack 2:6 3:20 

Jackson6:17 

jam16:12 

Jane2:43:19 

January 6:16 20:16 

Jeff2:22 25:25 26:6,10 

Jens 2:4 3: 19 

Joint30:9 

judges 12:7 

June 1:12 3:2 30:11,19,23 31:7 

33:18 

BEAN & ASSOCIATES, INC. 

KEARNY2:10 

keepl7:1 

Kelsey2:6 3:18 

Ken 10:20 

Kenneth 2:21 

kind 21:20 

Page4 

Kistin2:5 3:21 15:7,13,21,25 

know 12:10 15:8,10,22 16:1 17:18 

17:20 18:20,21 19:23 24:15 25:7 

27:12,23 28: I ,6,7,23 

KW33:18 

-------- i---

land 21:13 

lane 13:7 

large 16:19,2019:19 23:24 

larger7:2l 8:1 16:16 

largest 14:2 

law4:5 9:13 

layout 21:12 

leaving 21 :22 

Lenton 2:7 3:22 

level6:25 7:7 10:17 12:1 20:24 

--

23:23 30:13 

levels 11:1514:2415:816:17,23 

liaison 2:7 3:21 

License 33:15 

Lienemann 2:21 10:20,20 II :8,22 

12:24 13:4,22 14:9,16 15:10,14 

15:23 16:2 17:25 18:2,23 19:1,9 

19:18 20:7 21:1,7 22:23 23:20 

limitations 9: I 0 

limited5:6 

line20:15 

Lisa6:17 

list27:24 

litde 16:15 

live 13:13 

located 10:18 21:2 

location 10:16 14:5,7,13 

locations II :4 

Lomas 11:11 12:9 15:1,15 16:9,9 

21:21 22:18 23:1 

long20:22 21:5 26:19 

longer 11:13,24 

long-term 14: 14 

i 

505-843-9494 info@litsuppon.com 201 Third St. NW, Ste. 1630 Albuquerque NM 87102 
look 19:25 27:3 28:5 

looking 19:7,10 23:15 27:6 28:20 

loop16:15 

lot 15:3 19:20 

low 14:25 16:17 19:4,16 23:6,7,23 

lower 13:23 23:5 

lowest 12: 18 20: 12 

1 

~ ====-= _l\L . __ _ =~~~= M8:119:7 

Madam5:1911:22 13:4 17:16 

23:20 

maintain 8: 17 30:4 

maintenance 6:8 

major7:21 10:18 11:113:7,13 

24:17,18,24 25:8,11,12,15,21 

maklng5:2 

Malry 2:7 3:22 

Margaret 2:8 

Mary 1:17 33:5,14 

MAS 1:2133:17 

matter 1:5 3:8 5:22 

maximum 7:2 22:14 

MD2:3,5,5 

mean 17:20 

measure 21:19 

measured 6:21 7:6,9 

measurements 12:4 

measures 9: 11 

measuring 13:10 15:12,22 

medical22:2 

meet 7:5 30:7 

meeting ll:17 15:5 30:12 

meets9:9 

member3:14 22:23 23:20 

members3:17 4:16 5:19 11:22 

17:16 26:9 

mentioned 26: 14 

met 15:4 21:17 30:20 

meteorologist 26: 11 

meters 13:6 21:15,16 

methods 15:25 

Mexieo I :15,19 2:11,16 3:5 5:3 

8:21 29:23 30:15 33:1,5 

middle 22: 13 

miUion 13:24 

minimum7:19 14:1 

info@litsupport.com 

minor 24:20 25:4 27:25 28:1 

mixes 16:22 

mobile24:2 

model28:5 

modelers 27: 18 

modeling 9:12 24:19,21 26:1,3,13 

26:16,18,20 27:14,17,25 28:2,12 

28:24 

models 26:24 

moderate 14:25 

modified 25: 16 

modify 24:17 25:20 28:23 

modifying 25:20 

moment20:3 

money 12:17,18 14:7 20:9 

monltor7:7 10:23 11:24 13:1,5,25 

14:1,3,8 17:6 

monitoring2:22 7:21,24 9:11,19 

10:21,25 11:19 12:1,6 13:20 

16:17 17:13 18:16 22:12 

monitors7:10,208:2,410:16,17 

28:11 

month 11:14 14:15 

months 16:24,24 17:4,6 

morning I6: II 28: 16 

motlon31:15,20 

move31:25 

moved 10:10 3I: 17,20 

moves 17:22 

multiplied 16:4 

·-···-····---!L ____ ~···-··· N2:1 

NAAQS 6:9,17,20,22 7:6,17,18 

8:13,18 9:2,615:5 23:17 

name3:13 5:19 10:20 24:13 26:10 

Naomi2:5 3:20 

national6:8 30:4 

NCDC27:9 

Neal2:19 5:15,19 

near7:21 10:25 14:25 21:2,4,13 

21:21 22:9 

nearest 13:7 

necessary 31:10 

need 13: 1 30:25 31: I ,15 

needs27:16 

neither 33:9 

. 

BEAN & ASSOCIATES, INC. 

PageS 

never 13:8 

new 1:15,19 2:11,I6 3:5 5:3 6:I7 

6:24 7:I6,20 8:20 12:1,6 13:18 

13:18,20,21 16:25 17:22 23:19 

24:17 25:21 26:20 27:19 28:23 

28:24 29:23 30:15 33: I ,5 

Nieto2:8 

nitrogen 1:6 3:9 5:24 6:20,21 

16:22 18:5 19:13 29:19 

NMI:1733:15 

NMAC25:14 30:17 

NMSA29:24 

normal13: 10 

Northwest 1:14,19 2:11,16 30:15 

notice 30: 16 

NOx 18:20 23:24 25:10 

N021:6,8 3:12 5:24 6:2,18,21,22 

7:6,6,9,12,16,20,25 8:4,13,17 

9:2,4,6,18 10:4,6,23 11:25 13:14 

I5:5 16:17,18,19,2017:4,8,17 

17:1918:I5,16 19:5,6,10,16 

23:16,24 24:3,20,22 26:2,13,18 

27:24 28:14,15,25 29:19,22 

30:20 31:4,10 

number6:4 ll:4 16:15 29:17 

numbers7:20 23:18 

oath 5:16 24:7 26:7 33:6 

objeetion 29:9 

Oceasionally 16: 12 

occurrence 25:2 

ofl'er26:2 

omcer 5:18 17:9 

omcial14:16 

otlicially 14:18 

Okay 11:8 12:24 

Once 15:3 

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