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 ProtectionAgency, 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 11O(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 onJune 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 EnvironmentDepartment

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 LouLeonard, 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 11O(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 onJune 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 1706-20065) 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 Ne\·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 witha formal submittal letter from the designee of the Governor ofthe 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 Count y Air Quality Control Boar d (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/documentsigned, stamped, dated by the appropriate State official indicating that it is fully enforceable by the State. The effective date of the regulation/document shall, whenever possible, be indicated in the document itself. If the State submits an electronic copy, it must be an exact duplicate of the hard copy with changes indicated, signed documents need to be in portable document format, rules need to be in text format and files need to be submitted in manageable amounts (i.e. a file for each section or chapter, depending upon size, and separate files for each distinct document) unless otherwise agreed to by the State and Regional Office.

YES ____NO __X__N/A

(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 inthe 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 ofan 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 moderatenon-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 Boar d 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 certainbaseline 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 FORAIR QUALITY (SIP)

TO ADDRESS INFRASTRUCTURE REQUIREMENTS OF SECTION 110(a)(2)(A)-(M) OF THE CLEAN AIRACT (CAA) TO IMPLEMENT THE 2010 NITROGEN DIOXIDE (N02) 

### NATIONAL AMBIENT AIR QUALITY STANDARD (NAAQS)

Adopted June 12, 2013ACKNOWLEDGEMENTS IN THE PREPARATION OFTHIS 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 of22Executive Summary



### "N02 is a reddish-brown, highly reactive gas that is formed in the ambient air through the oxidation ofnitric oxide (NO). Nitrogen oxides (NOx) is the term used to describe the sum of NO, N02, and other oxides ofnitrogen. A variety ofNOx compounds and their transformation products occur both naturally and as a result ofhuman activities. Anthropogenic (i.e. manmade) emissions ofNOx account for a large majority of all nitrogen inputs to the environment. The major sources ofanthropogenic 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 ofthe air quality criteria for oxides of nitrogen and the primary NAAQS for oxides ofnitrogen as measured by N02 , EPA has made revisions to the primary N02 NAAQS in order to provide requisite protection ofpublic 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 of0.053 parts per million (ppm) I 

### 53 parts per billion (ppb). "All areas presently meet the current (1971) N02NAAQS, 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) ofthe 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 ofpromulgation ofa new or revised standard. Section 110(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) ofthe 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 ofSections 110(a)(2)(A) through (M) ofthe CAA [codified at U.S. Code: Title 42, Chapter 85, Subchapter I, Part A, §7410, State Implementation Plans For National PrimaryAndSecondary AmbientAir 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 ofair 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 ofCAA § 110(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 ofattainment 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 suchplanshallinclude enforceable Albuquerque-Bernalillo County's 'enforceable emission emission limitations and other control measures' are authorized by the limitations and Air Act and those provisions ofTitle 20, Environment other control Protection, Chapter 11, Albuquerque-Bernalillo CountyAir

measures, Quality ControlBoard, 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 ofthe 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 ofAlbuquerque and Bernalillo County adopted auctions or parallel ordinances bywhich they accepted the authority emissions delegated bythe 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 ofair pollution. for compliance,

as may be The regulations authorized by the Air Act ofthe 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 110 requirements of requirements, SIP revisions have been submitted to and this Chapter. approved byEPA [codified at 40 CFR Part 52, Subpart GG,

Nitrogen Dioxide Infrastructure SIP Page 5 of22§ 110(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 N02emissions are required for maintenance ofthe 2010 N02NAAQS.

AQD does not exempt from enforcement excess emissions that

occur during start-up, shutdown, maintenance, ormalfunction. Emissions in excess ofpermit or regulatory limits are presumptively violations, subject to affirmative defenses with the burden ofproofon 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 anAnnual andoperation Monitoring NetworkPlan 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 (2008-2010) of55 ppb, and an Annual Design Value
necessary to- (2008-2010) of 12 ppb. (Table 2-1: EPA Region 6N02 (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 thejurisdiction ofthe ambient air Air Board is currently in attainment for the existing annual N02 quality; and standard. (ii) upon request, make "Based on its review ofthe air quality criteria for oxides of such data nitrogen and the primaryNAAQS for oxides ofnitrogen as available to the measured by N02 , EPA has made revisions to the primaryN02 Administrator. NAAQS in order to provide requisite protection ofpublic health as appropriate under Section 109 ofthe CAA. Specifically, EPA is supplementing the existing annual standard for N02 of53 ppb by establishing a new short-term standard based on the 3-year average ofthe 98th percentile of the yearly distribution of 1-hour dailymaximum concentrations. EPA is setting the level ofthis 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 ofthe standard (i.e. "The form is the air quality statistic used to determine ifan area meets the

Nitrogen Dioxide Infrastructure SIP Page 6 of22

### standard." Fact SheetFinalRevisions To The NationalAmbient Air Quality Standards ForNitrogen Dioxide 

### http://www.epa.gov/apti/video/pdfs/N02%20NAAQS%20Fact %20Sheet.pdf) and the method ofdata 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 thejurisdiction ofthe Air Board had a theoretical design value of58 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 necessarybefore 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 ofthis 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 oftheNAAQS rulemaking, the EPA promulgated revisions to requirements for minimum numbers ofambient 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 ofwider spatial scales in larger urban areas (area-wide monitors), and monitors intended to characterize N02 

### exposures ofsusceptible 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 ofthe 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 ofthe nearest traffic lane." (Fact Sheet FinalRevisions To The NationalAmbient Air Quality Standards ForNitrogen 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 of500,000 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 "aconcept developed bythe federal Office of Management and Budget (OMB) in order to standardize geographic and population descriptions so that data from one federal agency maybereliably 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 ofthe county or counties associated with at least one core (urbanized area orurban cluster) ofat least 10,000 population, plus adjacent counties having a high degree ofsocial 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 ofCore 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 of662, 564, and the City ofAlbuquerque, which has a population of 545, 852. Therefore the CBSA threshold of500,000 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 ofexpected maximum hourly concentrations for any CBSA with a population of2,500,000 or more persons,
or in any CBSA with a population of500,000 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 of22The highest AADT count within thejurisdiction ofthe 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 11u rban.pdf) therefore, a second monitor will not be required in Bernalillo County.

"The second tier ofthe N02minimum 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 ormore persons to monitor a location ofexpected highest N02 concentrations representing the neighborhood or larger spatial scales. These N02monitors 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 ofthe N02minimum monitoring requirements is for the characterization ofN02exposure 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 of40 additional N02monitoring stations nationwide in any area, inside or outside ofCBSAs, 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 ofthe N02minimum 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. AnnualMonitoring Network Plan) for establishing all required N02monitoring sites to the EPA AdministratorbyJuly 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 ofthe EPA Administrator for approval." [FR Vol. 78, No. 50, 16184-8, 3/14/13]

Nitrogen Dioxide Infrastructure SIP Page 9 of22§ 11O(a)(2)(C) "Further, these plans shall provide for all required monitoring stations to be operationalbyJanuary 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 ofmore 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 ofa near-road monitoring station, including satisfying siting criteria, favorable site logistics (e.g., gaining

access to property and safety), and consideration ofpopulation exposure." (Near-RoadN02 Monitoring TechnicalAssistance 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 ofdata 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 NonattainmentAreas, and § JIO(a)(2)(A), 20.11.61 NMAC, Prevention of SignificantDeterioration. andregulation AQD's Prevention ofSignificant 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§ 110(a)(2)(D) Interstate Transport any stationary orrevised 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, PermittingIn NonattainmentAreas; 20.11.61 NMAC, permitprogram Prevention Of Significant Deterioration; and 20.11.42 NMAC,

as required in OperatingPermits. 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 ofAppeals [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 ofadministrative enforcement actions and administrative penalties for violations ofthose permit terms and conditions. The EPA approved incorporation ofOrdinance 88- 45 into the Albuquerque- Bernalillo County SIP in a June 1, 1999 rulemaking [64 FR 29235]. Bernalillo Countyhas since amended this ordinance and recodified it as Bernalillo County Ordinance, Chapter 30, Environment; Article II, AirPollution; 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 ofthe currently effective applicable ordinances in order to update their authority to enforce said provisions. contain "New Mexico does not currentlyhave any N02nonattainment adequate areas nor is the state in close proximity to any otherN02 provisions- nonattainment areas

... New Mexico has twelve (12) major (i) sources ofN02in the state. Total point source emissions for

Nitrogen Dioxide Infrastructure SIP Page 11 of22prohibiting 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). Ofthese 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) emittingany air requirements under a state or federal implementation plan." pollutant in
amounts which Bernalillo Countyis 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) permittingprogram ambient air that contains requirements for sources ofair pollutants to obtain quality an approved permitbefore beginning construction ofa facility standard, or and before modifying an existing facility (see § 11O(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 ofa complete application, the planforany department shall: other State (4) Send a copy ofthe notice ofpublic comment to: underPart C of (a) the applicant; this Subchapter (b) the administrator; and
toprevent (c) officials and agencies havingjurisdiction over the significant location where the proposed construction would occur as deterioration of follows: any other state or local airpollution control agencies; air quality or to the chiefexecutives ofthe 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 governingbody whose lands maybe affected by emissions compliance with from the source ormodification." [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, 126and 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, PermittingIn NonattainmentAreas; 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 ofAppeals [CaseNo. 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 ofthe 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 ofsignificant deterioration or for the protection of visibility in any other state[§ 11O(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 ofthe regulatory landscape

Nitrogen Dioxide Infrastructure SIP Page 13 of22§11O(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 ofAppeals for the District of Columbia Circuit decision vacating CASPR), and the delayed publication ofEPA's guidance document for the N02 i-SIP, AQD is withdrawing the 

### § 110(a)(2)(D)(i)(l) element ofthis 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 ofimplementing this element ofthe N02 i-SIP. 

### [§ 110(a)(2)(D)(i)(l)]

Provide: New Mexico Statute§ 74-2-5 Duties andpowers; (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 ofnational 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 generalpurpose The funding necessary to carry out the ambient air monitoring local required by this implementation plan (e.g. purchase ofnew governments for equipment, installation ofnew site, additional staffand suchpurpose) increased operating and maintenance costs) will be provided will have through the CAA § 103 grant process, thereby removing "the adequate state burden ofproviding matching funds." [NPR FR Vol. 77, personnel, No. 203, 64244-49, 10/19/12] funding, and authority under No organizations outside ofAQD 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 outsuch 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. prohibitedby
anyprovision of The Bernalillo County Ordinance 88-45 provides the AQD with

Nitrogen Dioxide Infrastructure SIP Page 14 of22§ 110(a)(2)(E)(ii)

§11O(a)(2)(E)(iii)

§110(a)(2)(F) Stationary Source Federal orState authority to enforce permitting provisions, and provides for law.from assessment ofadministrative enforcement actions and carrying out administrative penalties for violations ofthose permit terms and such conditions. The EPA approved incorporation ofOrdinance 88- implementation 45 into the Albuquerque

- Bernalillo County SIP in a June 1, plan orportion 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, AirPollution; 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 ofthe 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 ofat least a majority ofmembers who represent the public that the State interest and do not derive any significant portion oftheir comply .-vith the income from persons subject to or who appearbefore the board requirements on issues related to the CAA orAir Act. Board members are respecting State required to recuse themselves from rule-makings in which their boards under impartiality mayreasonablybe questioned. [20.11.82.14 CAA Section NMAC]. 128 [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 anyplan provision, the State has responsibility for ensuring adequate implementation of suchplan provision. require, as may Regulatory requirements have been codified at 20.11.41 beprescribed NMAC,Authority to Construct, 20.11.42 NMAC Operating by the Permits, 20.11.60 NMAC, Permitting in NonattainmentAreas

Nitrogen Dioxide Infrastructure SIP Page 15 of22Monitoring 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 ofemissions inventories replacement of in a format established by AQD on a schedule prescribed bythe 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 ofChapter 11 ofNew 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 ofthe Air Quality relateddata 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 ConfidentialInformation; NMSA 74-2-13, Inspection; and The such reports by Inspection OfPublicRecordsAct, 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 timesforpublic inspection; provide for Pursuant to 40 CFR 51, Subpart H, Prevention of AirPollution authority Emergency Episodes, On January 26, 1989, the Air Board

Nitrogen Dioxide Infrastructure SIP Page 16 of22Power

§110(a)(2)(H) comparable to adopted theAirPollution Episode Contingency Planfor that in CAA Bernalillo County [8/21/91, 56 FR 38074; 40 CFR 52.1639, Section 303 Prevention of AirPollution Emergency Episodes], that covers [Section 7603 air pollution episodes and the occurrence ofan emergency due ofthis Title] to the effects ofthe pollutants on the health ofpersons. andadequate contingency plans to implementsuch 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 orrevise 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 airpollution throughout Bernalillo County in primary or accordance with the provisions ofState 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 ofa revision to the NAAQS.

or the availability of improvedor

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 theplan is substantially inadequate to attain the

Nitrogen Dioxide Infrastructure SIP Page 17 of22§110(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 thisAct {Chapter]. in the case ofa Compliance with the N02 standard will be evaluated with plan orplan submitted SIP revisions for any future nonattainment areas. revisionfor 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 PartD of this Subchapter (relating to nonattainment areas);
meet the All SIP revisions undergo public notice and hearing, which applicable provides for comment bythe public, including local political requirements of subdivisions. 20.11.82 NMAC, RulemakingProcedures -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 ofthe 105 grant process AQD is required Title] (relating to submit monitoring data to the Air Quality System (AQS) 90
topublic days after the end ofa quarter. Data can also be retrieved via a notification), link through the AQD website: andPart 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 SignificantDeterioration, under protection); CAA Section 161 [42 U.S.C.A. § 7471, Plan Requirements] for

Nitrogen Dioxide Infrastructure SIP Page 18 of22prevention ofsignificant deterioration. These provisions were first approved byEPA 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
orrevised 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, PermittingIn NonattainmentAreas; 20.11.61 NMAC, Prevention Of Significant Deterioration; and 20.11.42 NMAC, OperatingPermits. 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 10/20110 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 bythe US Court ofAppeals [Case No. 10-1413, decided January 22, 2013].

20.11.61 NMAC, Prevention of SignificantDeterioration, includes procedures for protection ofvisibility 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 ofthe SIP in their Notice ofProposed 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§11O(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 ofrelevant pollutant emissions; and can provide such air quality relevant data as part ofthe permitting and NAAQS modelingas the implementation processes. AQD follows EPA guidelines for Administrator air dispersion modeling. (e.g. Appendix W)
mayprescribe for thepurpose 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 topay program codified at 20.11.42 NMAC, OperatingPermits, was to the approved byEPA on 9/8/04. [FR Vol. 69, No. 173, pp. 54244- permitting 47, effective 1118/04] authority, as a condition of
anypermit required under this Act [Chapter], a fee sufficient to

cover- (i) the reasonable
costs of

Nitrogen Dioxide Infrastructure SIP Page 20 of22§ 11O(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 suchpermit (not including
any court costs

or other costs associated with
any enforcement action), until suchfee requirement is superseded with respect to such

sources by the Administrator's approval of a feeprogram under Title V [Subchapter V of this Chapter]; provide for New Mexico State Statute § 74-2-5.2 StateAirPollution consultation ControlAgency; Specific DutiesAndPowers OfThe 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 offederal 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 ofcommon

Nitrogen Dioxide Infrastructure SIP Page 21 of22interest in the field ofair 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 ofair pollution in areas having related air pollution problems that overlap the boundaries ofpolitical 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;**~'**

### Y2 8 .

IN THE MATTER OFTHE PETITION TO ADOPT A STATE IMPLEMENTATION PLAN (SIP) FOR NITROGEN DIOXIDE (N02 ) 

### TO ADDRESS SECTIONS llO(a)(l) AND (2) OFTHE 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 ofAlbuquerque, Petitioner AQCB Petition No. 2013-3

CITY OF ALBUQUERQUE'S NOTICE OF INTENT TO PRESENT TECHNICAL TESTIMONY

Pursuant to 20.11.82 NMAC, RulemakingProcedures- Air Quality Control Board, 

### the

Air Quality Division ("the Division") ofthe City ofAlbuquerque's Environmental Health

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

proceeding.

1. 

### The person for whom the witness will testify.
City ofAlbuquerque Environmental Health Department, Air Quality Division

2. The name and qualifications ofeach technical witness.

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

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

(Zoology), University ofNew 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 ofIntent Page I of7Engineering Department. Employed bythe City ofAlbuquerque's Environmental Health

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

Chiefresponsibility is to promulgate air quality regulations and plans through the

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

County ofBernalillo, including research, drafting and editing oftechnical documents, hearing

preparation, testifying, and submittal to EPA for approval.

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

Sensing, University ofTennessee and B.S. Mechanical Engineering, University ofNebraska.

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

for 7 years. Previouslyemployed bythe State ofNew Mexico's Air Quality Bureau, Control

Strategies (2001-2006). Mr. Lienemann oversees operation ofthe 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 oflocal 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

ofAlbuquerque's Environmental Health Department, Air Quality Division for 13 +years.
Previously employed by the State ofNew Mexico, Air Quality Bureau (1997-2000).

Mr. Rocha's chiefresponsibility is to supervise and direct staffin 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 ofIntent Page 2 of7

### 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 ofTestimony



### 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 ofthe air quality criteria for oxides

ofnitrogen and the primary NAAQS for oxides ofnitrogen as measured bynitrogen dioxide

(N02), 

### EPAhas made revisions to the primary NOz 

### NAAQS in order to provide requisite

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

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

Notice oflntent Page 3 of7distribution of !-hourdaily maximum concentrations, to supplement the existing annual standard

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

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

minimum numbers ofambient 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 ofwider spatial scales in larger urban areas (areawide monitors), and monitors intended to characterize N02 exposures ofsusceptible and

vulnerable populations."

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

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

revised NAAQS within 3 years ofpromulgation ofa new or revised standard. Section IIO(a)(I)

ofthe CAA addresses the timing requirement for the submissions ofany "Infrastructure SIP"

revisions, while Section IIO(a)(2) ofthe 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) ofthe CAA was due February 9, 2013. This "Infrastructure SIP" is a
compilation ofelements 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 ofIntent Page 4 of7

### 4. Text ofRecommended Revisions to the New Mexico State Implementation Plan

The Division recommends adoption ofthe proposed N02 NAAQS Infrastructure SIP; as
proposed in the Public Review Draft shown as AQD Exhibit 1a; as amended by StaffProposed

Floor Amendments shown as AQD Exhibit #5.



### 5. List and Description ofExhibits

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



### Exhibit Number

AQD Exhibit I

AQD Exhibit Ia 

### Title ofExhibit

Petition to adopt a State Implementation Plan (SIP) for N02to address Sections IIO(a)(l) and (2) ofthe federal Clean Air Act (CAA), 42 U.S.C. § 74!0(a)(l) and (2) hereafter referred to as the "N02Infrastructure SIP".

Public Review Draft {attached to AQD Exhibit I} showingproposed "N02 Infrastructure SIP"

AQD Exhibits 2 

### albic Notice ofProposed Rulemaking: Including the legal advertisement ofthis 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 Testimonyby Neal Butt, Air QualityDivision

AQD Exhibit 5 Staffproposed floor amendments



### 6. Reservation ofRights

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

Notice ofIntent Page 5 of7

### 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 of7 Respectfully submitted,

Neal Butt Environmental Health Scientist Air Quality Division Environmental Health Department One Civic Plaza, NW, Suite 3023 Albuquerque, New Mexico 87103 (505) 768-2660CERTIFICATION

I hereby certify that on May 28,2013, an original and 15 copies ofthis 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 ofthis 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 ofIntent Page 7 of7

# ~?;;(~**~** Environmental Health Scientist Air Quality Division Environmental Health DepartmentALBUQUERQUE-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 AIRACT (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 ofAlbuquerque, Petitioner AQCB Petition No. 2013-3

Petition to adopt a State Implementation Plan (SIP) for N02 to address Sections llO(a)(l) and (2) ofthe federal Clean AirAct (CAA), 42 U.S.C. § 7410(a)(l) and (2) hereafter referred to as the "N02Infrastructure SIP".



### I. The City ofAlbuquerque, 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) ofthe federal Clean Air Act (CAA), 42 U.S.C. § 

### 74IO(a)(l)

and (2) hereafter referred to as the "N02 

### Infrastructure SIP". Ifadopted, 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 NewMexico 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

IBoard to adopt, amend, or replace air quality regulations and to adopt air quality plans

(SIPs) underNMSA 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 ofthe air

quality criteria for oxides ofnitrogen and the primary NAAQS for oxides ofnitrogen as

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

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

established a new !-hour standard at a level of I00 parts perbillion (ppb), based on the 3-

year average ofthe 98th percentile ofthe yearly distribution of !-hourdaily maximum

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

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

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

minimum numbers ofambient N02monitors that included new monitoring near major

roads in larger urban areas. 

### 1n addition, these monitoring requirements included

requirements to characterize N02 concentrations representative ofwider spatial scales in

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

exposures ofsusceptible and vulnerable populations.'

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

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

promulgated orrevised NAAQS within 3 years ofpromulgation ofa new or revised

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

submissions ofany "Infrastructure SIP" revisions, while Section IIO(a)(2) ofthe CAA

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

"Infrastructure SIP" addressing the requirements ofSections IIO(a)(2)(A)--(M) ofthe

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

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

the revised N02NAAQS, 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 #Ia.



### 3

### Respectfully submitted,

estmoreland, P.E. Deputy Director Environmental Health Department City ofAlbuquerque One Civic Plaza, NW, Suite 3023 Albuquerque, New Mexico 87103 (505) 768-2706

CERTIFICATION

I hereby certify that a copy ofthis Petition to adopt a State Implementation Plan (SIP)
to address Sections UO(a)(l) and (2) ofthe federal Clean AirAct (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 ofAlbuquerque

4• AQD 

### EXHIBIT

# ~ la 

# I ALBUQUERQUE-BERNALILLO COUNTY

2 

# AIR QUALITY CONTROL BOARD

3

4 

# StateImplementation Plan for Air Quality (SIP)

5

6 

# To Address Infrastructure Requirements of

1 

# Section 110(a)(2)(A)-(M) ofthe 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 BoardI 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 AirMonitoring 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 ofnitric oxide (NO). Nitrogen oxides (NOx) isthe term used to describe the sum of 5 NO, N02, and other oxides ofnitrogen. A variety ofNOxcompounds and their transformation
6 products occurboth naturally and as a result ofhuroan activities. Anthropogenic (i.e. manmade) 7 emissions ofNOx account for a largemajority ofall nitrogen inputs to the environment. The
8 major sources ofanthropogenic NOx emissions are high temperature combustionprocesses, such
9 as those occurring in automobiles and powerplants. Most NOx from combustion sources (about 10 95 percent) are emitted as NO, which is readily converted to N02 intheenvironment; the
II remainderis 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 OnJanuary 22, 2010, the Administrator ofthe U.S. Environmental Protection Agency (EPA), 16 Lisa Jackson, promulgated a new NAAQS for N02, effective Aprill2, 2010 [FRVol. 75, No. 17 26,6474-6537, February 9, 2010]. Based on its review ofthe air quality criteria for oxides of 18 nitrogen and the primaryNAAQS for oxides ofnitrogen as measured byNOz, EPA has made 19 revisions to theprimary NOz NAAQS inorderto provide requisiteprotection ofpublichealth. 20 Specifically, EPAhas established a new !-hourstandard at a level of 100 parts perbillion (ppb), 21 based on the 3-year average ofthe 98th percentile ofthe yearly distribution of !-hourdaily
22 maximuro concentrations, to supplement the existing annual standard of0.053 parts permillion 23 {ppm) I 53 parts perbillion {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 ofthe
25 standard (53 ppb). Annual average ambientNO:l concentrations, as measured at area-wide 26 monitors, have decreased bymorethan 40% since 1980. Currently, the annual average NOz 27 concentrations range from approximately 

### I0-20 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 EPAdesignated all areas inthe United States as 30 "unclassifiablelattainment" for the new 1-hourNOzNAAQS [FR Vol. 77, No. 33,9532-88, 31 effective 2/29/12]. 32 33 Pursuant to Sections IIO(a)(l) and 11O(a)(2) ofthe CAA, each State is required to submit a plan 34 to provide for the implementation, maintenance, and enforcement ofa newly promulgated or 35 revised NAAQS within 3 years ofpromulgation ofa new orrevised standard. Section 11O(a)(l) 36 ofthe CAA addresses the timing requirement for the submissions ofany "Infrastructure SIP" 37 revisions, while Section 1 IO(aX2) ofthe CAA lists therequired elements that comprise the
38 "Infrastructure SIP". Therefore, this plan or "Infrastructure SIP"addressing the requirements of 39 Sections 

### 1JO{a)(2)(A)--(M) ofthe CAA is dueFebruary 9, 2013. 40 41 A 'SIP' identifies how the state will attain and maintain theprimary and secondary NAAQS. 42 The SIP containsregulations, source-specificrequirements, non-regulatory items such as plans 43 and inventories, and in somecases additional requirements promulgatedbythe 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 'l2] 2126/13 PageJ of16SIP for New Mexico (including Bernalillo County) is compiled in 40 CFR Part 52.1620-1640,
2 Subpart GG.
3 4 Theattached matrix outlines the requirements ofSections IIO(a)(2)(A) through (M) ofthe CAA 5 [codified at U.S. Code: Title 42, Chapter 85, Subchapter I, Part A, §7410, State Implementation
6 Plans ForNational PrimaryAndSecondaryAmbientAir 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,AirPollution, 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 ofAlbuquerque and Bernalillo County adopted parallel ordinances by which they
16 accepted the authority delegated by the AirAct, established theAir Board, and specified that the 17 board shall adoptregulations consistent with theAirAct and adopt a plan for theregulation, 18 control, prevention or abatement ofairpollution. 19
20 Theregulatory authority to implement CAAprograms is codified in the New Mexico 21 Administrative Code (NMAC), specificallyTitle 20, EnvironmentalProtection, Chapter II, 22 Albuquerque-Bernalillo CountyAir Quality Control Board. Theregulations codified at 23 20.ll.XXNMAC are part ofthe approved Albuquerque-Bernalillo County, New Mexico SIP 24 and are cited in 40 CFR 

### § 52.1620(c) unless otherwise stated. 25
26 Thoserequirements ofCAA § 11O(a)(2) that are in the approved SIP orrecently 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 ofTitle I ofthe CAA, are fulfilled during the development and
31 submission to EPA as a SIP revision ofattainment plans.

Nitrogen Dioxide Infrastructure SIP- [liPA S!akekalder] Public Review Draft, [12,'1 )112]2126113 Page 4 ofl6I
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 implementationplan submitted by a State under this Chapter shall be adoptedby the State after reasonable notice andpublic hearing. Each suchplanshallinclude eriforceable emission limitations Albuquerque-Bernalillo County's 'enforceable emission limitations and other andother control control measures' are authorized by the Air Act and those provisions ofTitle 20,
measures, means, or Environment Protection, Cbapter II,Albuquerque-Bernalillo CountyAir 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 ofthe Air Board as a local board and gave it permits, and authority to administerand enforce its air quality regulations within the auctions or Bernalillo County boundaries. emissions rights), as well as schedules The City ofAlbuquerque and Bernalillo County adopted parallel ordinances by and timetablesfor which they accepted the authority delegated bythe Air Act, established the Air compliance, as may Board, and specified that the board shall adopt regulations consistent with the benecessary 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 ofthe New Mexico Statutes Annotated Chapter. [NMSA 1978] are duly adopted by the Air Board.

Where these provisions relate to CAA Section II0 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 ofthe 20I0 N02 NAAQS.

AQD does not exempt from enforcement excess emissions that occur during start-up, shutdown, maintenance, or malfunction. Emissions in excess ofpennit

orregulatory limits are presumptively violations, subject to affirmative defenses with the burden ofproofon 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 anAnnualMonitoring NetworkPlan to EPA which operation of describes how it bas complied with monitoring requirements and explains any appropriatedevices, proposed changes. Specifically, AQD currently operates a regulatoryN02 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'llIJ2] 2/26113 Page 5 ofl6and procedures which shows a !-hourDesign Value (2008-2010) of55 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 thejurisdiction ofthe Air Board is currently in ambientairquality; attainment for the existing annual N02 standard. and (ii) upon request, "Based on its review ofthe air quality criteria for oxides ofnitrogen and the makesuch data primary NAAQS for oxides ofnitrogen 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 I09 ofthe CAA. Specifically, EPA is supplementing the existing annual standard for N02 of53 ppb by establishing a

new short-term standard based on the 3-year average ofthe 98th percentile ofthe yearly distribution of !-hour daily maximum concentrations. EPA is setting the level ofthis new standard at I00 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 ofthe standard (i.e. "The form is the air quality statistic used to determine ifan area meets the standard." Fact Sheet Final Revisions To T1te NationalAmbientAir QualityStandards ForNitrogen Dioxide h!!l!://www.!;l1a.gov/al1tiivideo/11dfs/N02%20NAAQS%20Fact"/o20Sheet.J2df) and the method ofdata collection (i.e. near-road monitoring), no near-road 1- hourN02 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 thejurisdiction ofthe Air Board had a theoretical design value of58 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 necessarybefore 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 ofthis lack ofdata EPA designated all areas in the United States as "unclassifiable I attainment'' for the 20I0 N02 NAAQS, effective 2/29/2012. [FR Vol. 77, No. 33,9532-9588, 2/17/2012]

"Aspart ofthe NAAQS rulemaking, the EPA promulgated revisions to requirements for minimum numbers ofambient N02 monitors that included new monitoring near major roada inlarger urban areas. In addition, these monitoring requirements included requirements to characterize N02 concentrations representative ofwider spatial scales in larger urban areas (area-wide monitors), and monitors intended to characterize N02 exposures ofsusceptible 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 ofthe ambient N02 monitoring network requires nearroad monitoring [See 40 CFRPart58, 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 of500,000 or more persons to monitor a location ofexpected maximum hourly concentrations sited near a major road." [NPR FRVol. 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 ofthe nearest traffic lane."( Fact SheetFinalRevisions To T1te National

Nitrogen Dioxide Infrastructure SIP- [ePA**~tal<ehslaer]** Public Review Draft, [12 111'12]2/26/13 Page 6 ofl6AmbientAir Quality Standards ForNitrogen Dioxide http://www.ena.gov/apti/video/pdfs!N02%20NAAQS%20Fact%20Sheet.pdf

The population within Albuquerque's CBSAreached 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 ofexpected maximum hourly concentrations for any CBSA with a population of 2,500,000 or more persons, or in any CBSA with a population of500,000 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 thejurisdiction ofthe 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 andhttp://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 ofthe 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 ofI,000,000 or more persons to monitor a location ofexpected 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 ofthe 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 of40 additional N02 monitoring stations nationwide in any area, inside or outside ofCBSAs, 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 ofthe 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.AnnualMonitoring 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 CBSAs with a population ofmore 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, [11 111 '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 meteorolonin 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 QfllQillli!l!i2n**~XJlQSure."** (Near-/load**iY.~** Monitoring Tecllnlcg{**A~si~UJ.nce** Document http://www.epa.gov/ttnamti1/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 '''11 it: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 SheetFilf61lleo•iaifH'HJ Z:e J:he Nslie,..,lAll'lhitHilAi• 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 ofmonitoting thereafter in order to determine compliance with the revised standard. When EPA funding is designated for 3"' Tiersites the AQD will procure equipment and construct the near-road monitor site. Once three years ofdata have been collected at the site, AQD will request thatEPA redesignate Bernalillo County from 'unclassifiable I attainment' to**~attairunent'**.

. § 110(a)(2)(C) include aprogram AQD has established regulations governing the enforcement ofcontrol measures, toprovide for including attainment plans and permitting programs that regulate construction enforcement of the and modificationofstationary sources. See 20.11.41 NMAC, Operating

measures in § Permits, 20.11.60 NMAC,Permitting in NonattainmentAreas, and 20.11.61 JJO(a)(2)(A), ami NMAC, Prevention of SignificantDeterioration. 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 stationarysource EPA reguires that an)! i-SIP submittal shol!ld address an:;: new or revised PSD within the areas Brol![am**r~uirements.** OnO<:tober 20, 20I0, the EPA Bromulil!!ted "PSD for coveredby theplan PMl.l- Increments, Si2ttificant l!lll1act Levels (SILsl and Significant Monitoring

as necessaryto Concenttation(SMC}", effective 12/20/10 [Federal Register Vol. 75, No. 202,

assure thatNAAQS 64864-927], TQ oddress this federal rujemaking, the AQ1.2 is llrQJ2osing to amend

are achieved, the PSDte!!!!ll!tion fQr Albuguergue

-**l}~rnalillo** Coun!)! to in!;Sl[pQrate the PM;u including apermit PSD increment**~uirements.** OnJanu!!!Y 29, 2013 filed Air Ouali!)! Control program as BoardPetitionNo. 2013-l, Petition to Amend 20.11.60 NMAC, Permitting In required in Parts C NonattainmentAreas; 20.11.61 NMAC, Prevention O[.SignificantDeterioration; amJDofthis and 2Q.11.42 NMAC, Ollf}.ralinfl. P,rmits. The Amendments to 20.11.42 NMAC Subchapter. areJlroPQsed 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 NewMexico State l!lll1lementation Plan for Air Quali!)! (SIP}. EPA's lQ/20110 rule**mecificall~** affects 40 CFR**~** 1.165, andhas been incQ!l!orated into**AQD'~** ll!OPQsed draft of20.11.60 NMAC. The l0/20/10 rule amendments also affect40 CFR51.166 and52.21 andhavebeen incoroorated into AOD's

Nitrogen Dioxide Infrastructure SIP- [!EPA Sral<elieleer] Public Review Draft, [12 1 !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" [see40 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 CounofAooeals [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 ofOrdinance 8H-45 intQ the Al!mguergl!!<- Bellll!lillo**Coun~** SIP ina 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 ofthe currently effective 3Jll!licabl; ordinances in order to uodate theirauthoritv to enforce said orovisions. § 11O(a)(2)(D) contaln adequate "N!m M;xicQ does nQ! currently**hl!~** anyNOl 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!<§ ofNQain th; state, TQI!Ii JlQinl source ;missio!ll!
anysourceorother 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 ;minedl1Y the 1£1lll Juan Qenerating S!J!IiQ!!, emittinganyair 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!yel!ffeatlj· is located within New Mexico, and consequently, significantly to does not bave any NO, nonattaimnent areas either. nor is the county in close nonattainmentin. or proximity to any other NO, nonattsinment areas. inteifere with maintenanceby, any BernaliUo Countyhas 26 major and synthetic minor sources ofNOx. Total point otherState with sourceemissions for NOx in BernaliUo Countyequals 1,101 tons per year (tpy) respect to any such and 12,765 tpy for onroad mobile source emissions (based on the 2008 National nationalprimary or Emissions Inventory). Total emissions ofNOx for all sectors combined is secondaryambient 17,975.76. airquality standard,

or Albl!!luerol!e

- Bernalillg !:;guntvhas 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 ofair RQllutants tQ obtain an atmrQved J:!ermit**befo~ b~ginning**  to he included in the construction ofa facilit:.; and befgre modifyigg an ;xistigg**facili~ (~**  § applicable 110(all2l{C) above). implementationplan forany other State Consistent with 40 !:;FR 5l.l!j6{gl(2)(iv}, Allll!!luergl!!<:Bernalil!o County's PSD underPart C of this programroouires that: Subchapter to prevent**signif~eant** "C. Within**on~** year after receipt ofa comJllete aJll!liQ!!tion, the del!artment deterioration of air shall: quality or toprotect ( 4} Send a coru:: ofthe notice ofJlUblic 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~** orlQ£!11 air requirements of oollulion control agencies; the chiefexecutives**ofth~** cil)! ang county where the CAA Sections§ 126**sour£~** woul!ll!£ !ocat;!!; mycQmJlrebensive regional land useJllanning agency; and 115 {Sections an!!**an~** §l!!te, fed£ralland**mana~r,** orIndian 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 9of16interstate and EPA**r~m~** that an:.-; i-SIP submittal should address!!!!:.! new or !llVised PSD international !lfO!rnllllreguirements. OnOctober 20, 2010, the EPA**gromulga~d** "PSD for pollution**PM .~**  -Increments, Si!!llificantImnact Levels (SILsl !!!ld SignificantMonitoring 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.** OnJanuarv 29, 2013 filed 

### Ail: Qua!itvCon!r!ll B2ardPetition No. 2013-1, Petition tQ Amend 20. 11 .60 NMAC,f.ermittin!l.ln l:{_onattalnmentAreas; 20.11.61 NMAC, Praention O[.S.iff.nificantDeteri!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 PermitProg[am, and the amendments !2 20.11.60**NMA~** and 20.lj.6l**NMA~** are 12rooosed as DrevisiQn
to th' NewM!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 CFR51.166 and 52.21 and hgve been incoroorated into AQD'§ llrooosed draft !lf20.11.61**NMA~,** Oneexgmtion 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!! EPAha§ 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 CourtofAnneals [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 onmonitored NO, concentrations indicating design yalues below the level ofthe s!andard, the lack ofNO, nonattainment areas in New MexicQ, (including Bernalillo County} orwithin close proximity, and Slf**DllllrQv~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 orfor the protection ofvisibility 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** Airlnterstatl: 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 ofEPA's il.lli!!Jmg;**gocum~t** fur**th~:** 

### t!Oz i-Slf, AQD**~** withdrawing !!le § 11Q{a){2)1I!l(i)(ll element Qfthis i-SlP from CQ!!l!ideration by !;P A as a revision to the SIP. This element willbe submitted**~ar!\tely** and will include a**t~chnica1 ~nal:i§il!**  to suooortAQD'**~** contentiQn that All!uguernul:

- BernalillQ**~oun!Y** is cmal!le of**irnnl~menting** this el;ment ofthl: 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 efaaemplete 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•<iftgjllfiseie!iee •.,...!l!a lesa!iee "•"-•oe the f3Ftif'9sed e9MB\Ietiaa 'JJ'euhl essUF as feUe-..lJS:**~ether** s*tite eflesal aif pelltiliee oell!fei qgoeeies; the sl!iofe,.eoa!i•"'s ef!l!a eii!f**&nEiee~·** •NhOfo the
S9Uf9fl!l •Healii

## ee leeaTe9;**~** E!8mpFe8SHSirl 18 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 eFmaSiiie&*iea.H**(4Q.ll.~**l.2t.C.(4) !IIM,•.G 

### l

§ Provide: New Mexico Statute§ 74-2-5 Duties andpowers; environmental improvement IIO(a)(2)(E)(i) (i) necessary board; local board, gives the AirBoard authority to develop, implement and

assurances that the enforce the SIP. State (or, except where the § 74-2-5 also provides the AirBoard adequate legal authorityto adoptemission administratordeems standards and compliance schedules applicable to regulated entities, and to adopt inappropriate, the emission standards and limitations and any other measures necessary for generalpurpose attaimnent and maintenance ofnational standards. local government or governments, ora In addition,§ 74-2-5 provides the Air Board adequate legal authorityto enforce regionalagency applicable laws, regulations, standards, and compliance schedules, and seek designated bythe injunctive relief. Specifically, § 74-2-5.1 provides the department legal authority State orgeneral 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 suchpurpose) will implementation plan (e.g. purchase ofnew equipment, installation ofnew site, haveadequate additional staffand increased operating and maintenance costs) will beprovided personnel,funding, through the CAA § 103 grant process, thereby removing "the state burden of andauthority under providing matching funds." [NPRFR Vol. 77, No. 203,64244-49, 10/19/12] State (and, as oppropriote, local) No organizations outside ofAQD will participate in implementing or enforcing law to carry out this SIP. AQD bas adequate personnel to implement the SIP withrespect to N02 such implementation requirements. ShouldEPA determine thatAQD incks adequate personnel to plan (and is not carryoutthe SIP, EPA may issue a finding with respect to thatdeficiency, which prohibited byany AQD would have a1ega1 obligation to correct provision ofF ederal

orState 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, andQrovides fgr assessment of**admini~trativ!l** Implementationplan enforcement actions and administrative oenalties fur violali!lns ofthose l!ermit

orportion thereof), terms and conditions. The EPA !ll!J!roved incomoratiollofOrdinance 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:isionto th!l ::!tate**~oard~** SIP tQ incgmorate all ofthecurr!l!!tl:t effective Bllolicable ordinances in orderto undate their auti!QrilY to enforce said l!rovisiollS § (ii) requirements NMSA 1978 § 74-1-4 provides that the Air Boardbe comprised ofat least a I IO(a)(2XE)(ii) that the State majorityofmembers who represent the public interestand do not derive any comply with the significantportionoftheir income from petSons subject to or who appearbefore requirements the boardonissues related to the CAAor Air Act. Boardmembers are required respecting State to recuse themselves from rule-makings in which their impartiality may boards under CAA reasonablybe 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 of16and § IIO(a)(2)(E) (iii) necessary Albuquerque-Bernalillo County is authorized to carry out all portions ofNew (iii) assurances that, Mexico's SIP withinBernalillo County [See § 74-2-4]. NMED and the state where the State has Envirorunentallmprovement Boatdretain oversight authority in the event the reliedon a local or local authority fails to act [See § 74-2-4 (D)]. regional government, agency,
or instrumentality for the Implementation of
anyplanprovision. the State has responsibility for ensuring adequate implementation of suchplanprovision. §IIO(a)(2)(F) require/ asmay be Regulatory requirements have been codified at 20.11.41 NMAC,Authority to Stationary prescribedby the Construct, 20.11.42 NMAC Operating Permits, 20.11.60 NMAC,Permitting in Source Administrator: NonattainmentAreas (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, andthe the reporting ofemissions inventories in a format established byAQD on a implementation of schedule prescribed by the regulation. othernecessary stepsbyowners or Albuquerque-Bernalillo County's enforceable entission limitations and other operators of control measures ate addressed in the Ait Act and thoseprovisions ofChapter 11 stationarysources ofNew Mexico's Athninistrative Code Title 20. to monitor emissionsfrom such 20.11.90 NMAC, Source Survemance; Administration andEnforcement,

sources. establishes the general requirements for maintaining recotds and reporting

(ii)periodic entissions, including record keeping, data subntissions, andpublic access to reports on the emissions data. nature andamounts 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) datafrom 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 oftheAitQnality Control Act and the federal such reports by the act.

...(2) for an operatingperntit, terms and conditions sufficient to ensure Slate agency with compliance with the applicable standards, rules and requirementspursuant to the anyemission 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 thisAct [Chapter}, which reports shallbe availableat reasonable times for public inspection; §IIO(a)(2)(G) provide for Pursuant to 40 CFR 51, Subpart H, Prevention of AirPollution Emergency Emergency authority Episodes, On January26, 1989, theAit Board adopted theAirPollution Episode Power comparable to that Contingency Plan forBernalillo County [8/21/91, 56 FR 38074; 40 CFR in CAA Section 303 52.1639, Prevention of AirPollution EmergencyEpisodes], that covets air {Section 7603 of pollution episodes and the occurrence ofan emergency due to the effects ofthe

NitrogenDioxide lnfrastructore SIP- [llPA Stakehel<ler] Public Review Draft, [12!11 '11] 2126113 Page 12 ofl6this Title] and pollutants on the health ofpersons. adequate contingencyplans to implementsuch authority.**~** IIO(a)(2)(H) provide for revision Albuquerque-Bernalillo County's SIP is a compilation ofregulations, plans, and of suchplan: submittals thatact 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

asmaybenecessary 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 AirBoard the authority to adopt nationalprimaryor regulations to abate, control, and prohibit airpollution throughout Bernalillo secondaryambient County in accordance with the provisions ofState Rules Act [Chapter 14, Article air quality standard 4, NMSA 1978]. Nothing in New Mexico's statutory orregulatory authority

orthe availability of prohibits Albuquerque-Bernalillo County from revising the SIP in the event ofa improved ormore revision to the NAAQS. expeditious methods of attainingsuch suzndard, and (ii) except as provided in Paragraph (3)(C). whenever the Administrator finds

on thebasis of information available to the Administrator that theplan is suhstantially inadequate to attain theNAAQS which it implements, or to otherwisecomply with anyadditional requirements established under thisAct[Chapter]. §IIO(a)(2)(1) in the case of aplan Compliance with the N02 standard will be evaluated with submitted SIP Nonattainment orplan 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 asa nonattainment The currently approved nonattainment area SIP provisions listedin 40 CFR § area, meetthe 52.1620-1640, SubpartGG also meet Subpart D requirements. applicable requirements of PartD of this Subchapter (relating to nanattainment areas); §IIO(a)(2)(J) meettheapplicable All SIP revisions undergo public notice and hearing, which provides for PSD requirements of commentby the public, including local political subdivisions. 20.11.82 NMAC, CAA § 121 {Section RulemakingProcedures- Air Quality ControlBoard, 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 16Section I2 7[Section Air quality data from AQD's monitoring network is available to the public via 7427 of this Title] EPA's AirQuality System Data Mart website at: http://www.epa.gov/airdata/ (relating topublic Addit!olllllly, as partofthe 105 grant process AQD is required to submit notification}, and monitoring data to the Air Quality System (AQS) 90 days after the end ofa 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
topre>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 Boardhas adopted 20.11.61 NMAC- Prevention of Significant protection); Deterioration, fullowing the requirements outlined at40 CFR 52.21, Prevention of SignificantDeterioration, WlderCAA Section 161 [42 U.S.C.A. § 7471, Plan Requirements] for prevention ofsignificant deterioration. These provisions were first approvedbyEPA as part ofthe SIP [40 CFR52.1634.(c)) on 12121/1993, effective 1/2011994 [FR Vol 58, No. 243, 67330-34] andmostrecently 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 Januarv29, 20 13 filed Air Quali!Y Control BoardPetition Ng. 2013-1, Petitignto Amend 20.11.60 NMAC, PermittingIn NonattainmentAreas; 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 gf2Q, 11.60 NMAC. The I0/20/l0 

### !!!!!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 andmmanded IQ EPA, in resJlonse 12 Sierra t;;lub v. Ef.A.**Angth~ exc~tion**  is the ll!21!25ed SM!: for P&b! at20.! 1.61.28 !::!MAC**~hicb** Will! also**vas;~l!:ll** by 

### the US Court ofAl!ooals [Case NQ. 10-1413, decided January22, 20!31.

20.!1.61 NMAC, Pre>ention of SignificantDeterioration, includes procedures for protection ofvisibility 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 ofthe SIP in their Notice ofProposed Rulemaking on4!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 airquality modeling Air Quality (i) theperfontU4nce in orderto assess the effecton ambient air quality ofrelevant pollutant Modeling/ of such airquality emissions; andcan provide relevant data as part ofthe permitting and NAAQS Data modeling as the implementationprocesses. AQD follows EPA guidelines for airdispersion Administratormay modeling. (e.g. Appendix W) prescribe for the purpose,;! Upon request, AQD will submit current and future data relating to such air

NitrogenDioxide Infrastructure SIP- [liiPA**g~akel!e!<ler]** Public Review Draft, [121!1'12]2/26/13 Page 14 ofl6predictingthe effect quality modeling to EPA.

on ambientair quality of any emissions of anyair pollutant for which theAdministrator has establisheda NAAQS, and (U) the submission,
upon request, of data related to such air qualitymodeling
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 majorstationary [Bernalillo County: 5/24/12, FR Vol. 77. No. 101, 30900..2, effective 6/25/12).

source topoy to the Albuquerque-Bernalillo County'sTitle V operating penni! program codified at permitting 20.11.42 NMAC, Operating Permits, was approved byEPA on 9/8/04 [FR Vol. authority, as a 69, No. 173, pp. 54244-47, effective 11/8/04) condition of any permitrequired underthisAct {Chapter], afee sufficient to
cover-- (i) the reasonable
costs of reviewing andactingupon any application for such apermit, and (ii) 

### if the owner or operatorreceives a permit/orsuch

source. the reasonable costs of implementingand enforcing the terms andconditions of
anysuchpermit (not includinganycourt costs orothercosts associatedwith any enforcement action), untilsuch fee requirement is superseded with respect tosuch

sources bythe Administrator 1 S approvalof afee
program under Title V[Subchapter Vof this Chapter]; § IIO(a)(2)(M) provide (or New Mexico State Statute § 74-2-5.2 StateAirPollution ControlAJ/encv;

Nitrogen Dioxide Infrastructure SIP· ['!;P;>, Stak.el!.el<ler) 

### !'.!!!2!i£ Review Draft, [1211 1/!;!)2/26113 Page 15 of16consultation and Specific DutiesAndPowers OfThe Department, states that:

.. The department is participation by the state air pollution control agency for all pUtpOses under federal legislation localpolitical relating to pollution. The department shall: subdivisions A. take all action necessary to secure for the state and its political affoctedby the subdivisions the benefits offederal legislation; plan. B. advise, consult, contract with and cooperate with local authorities, other states, the federal government and other interested persons orgroups in regard to matters ofcommon interest in the field ofairquality 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 ofair pollution in areas having related air pollution proble!Illl that overlap the boundaries ofpolitical 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 bythe SIP.

Nitrogen Dioxide Infrastructure SIP- [EPA**~!akehehler]** Public Review Draft, [ !:l'll'l2]2126/13 Page 16 of16I 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 ofthe 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)( I) and (2) ofthe 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) ofthe CAA addresses the timing requirement for the submissions ofany "Infrastructure SIP" revisions, while Section IIO(a)(2) ofthe CAA lists the required elements that comprise the "Infrastructure SIP". As grounds, the Petitioner (City ofAlbuquerque) 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) ofthe 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 ofpromulgation ofa new orrevised standard. Therefore, this plan or "Infrastructure SIP" addressing the requirements ofSections IIO(a)(2)(A)--(M) of the CAA was due February 9, 2013. This "Infrastructure SIP" is a compilation ofelements 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 permittingprogram, 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 meetingduring 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 ofthe 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 ofthe hearingmay 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 ofRegulations, Notice and Hearing [ ROA 1994]; Bernalillo County Ordinance, Section 30-35, Adoption ofRegulations, Notice and Hearings [Ord. No. 94-5, Section 6, 2-2-94]; and 20.11.82 NMAC, Rulemaking Procedures-Air Quality Control Board. Anyone intendingto 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 Ofintent (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 ofthe 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 ofthe 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 ofthe 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, orby e-mail at nbutt@cabq.gov
, or by downloading a copy from the City ofAlbuquerque Air Quality Division website http://www.cabq.gov/airquality/air-quality-control-board/ public-review-drafts NOTICE FOR PERSON WITH DISABILITIES: Ifyou have a disability and/or require special assistance please call (505) 768-260I [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 QUALITYCONTROL 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 ofthe Albuquerque-Bernalillo CountyGovernment Center, OneCivic 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) ofthe 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) ofthe CAA addresses the timing requirement for the submissions ofany "Infrastructure SIP" revisions, while Section IIO(a)(2) ofthe CAA lists the required elements that comprise the "Infrastructure SIP".

As grounds, the Petitioner (CityofAlbuquerque) 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) ofthe CAA, each State is required to submit a plan to provide fur the**implementatio~** maintenance, and enforcement ofa newly promulgated orrevised NAAQS within 3 years ofpromulgation ofa new or revised standard. Therefore, this plan or "Infrastructure SIP" addressing the requirements ofSections l!O(a){2)(A)--(M) ofthe CAA was due February 9, 2013. This "Infrastructure SIP" is a compilationofelements that demonstrates how Albuquerque-Bernalillo County will implement, maintain and enforce the revised N02 NAAQS, including: enforceable emission limitations and control measures, airquality monitoring and modeling, a permittingprogram, 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 airquality standards and regulations.

Hearings and meetings ofthe 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, Norice andHearing ( ROA 1994]; Bernalillo County Ordinance, Section 30-35,Adoption of Regulations, Notice andHearings [Ord. No. 94-5, Section 6, 2-2-94]; and 20.11.82 NMAC, Ru/emaking Procedures-Air Quality ControlBoard.

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 deliveryour NO! to the Environmental Health Department, Suite 3023, 400 Marquette Avenue NW. TheNO! shall identify the
name, address, and affiliation ofthe 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 ofthe individual ororganization 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 copyofthe 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, orby e-mail at nbutt@cabg.gov
, or by downloading a copy fromNew Mexico Register I Volume XXIV, Number 8/ ApriiJO, 2013

the City ofAlbuquerque Air Quality Division website http://www.cabg.gov/airguality/air-guality-controlboardlpublic-review-drafts

NOTICE FOR PERSON WITH DISABILITIES: Ifyou 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 ofHearing 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 ofthe 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) ofthe 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) ofthe CAA addresses the timing requirement for the submissions ofany "Infrastructure SIP" revisions, while Section 110(a)(2) ofthe CAA lists the required elements that comprise the "Infrastructure SIP".

As grounds, the Petitioner (City ofAlbuquerque) 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) ofthe CAA, each State is required to submit a plan to provide for the implementation, maintenance, and enforcement ofa newly promulgated orrevised NAAQS within 3 years ofpromulgation ofa new orrevised standard. Therefore, this plan or "Infrastructure SIP" addressing the requirements ofSections IIO(a)(2)(A)--(M) ofthe CAA was due February 9, 2013. This "Infrastructure SIP" is a compilation ofelements 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 ofthe 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 ofthe hearing may do so at the hearing and will be given a reasonable opportunity to submit relevant evidence, data, views and arguments, orally orin writing, to introduce exhibits and to examine witnesses in accordance with the Joint Air Quality Control Board Ordinance, Section**9-5~** 1-6, Adoption ofRegulations, 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 of3Department, Suite 3023,400 Marquette Avenue NW. The NO! shall identify the name, address, and affiliation ofthe 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 ofthe 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 ofthe proposed regulation at the Environmental Health Department Office, orby contacting Mr. Neal Butt, Air Quality Division, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, orby phone 768-2660, orby e-mail at nbutt@cabq.gov
, orby downloading a copy from the City of Albuquerque Air Quality Division websitehttp://www.cabq.gov/airquality/air-quality-control-board/publicreview-drafts

NOTICE FOR PERSON WITH DISABILITIES: Ifyou 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.

Forward email

This email was sent to nbutt@cabq.gov by elones@cabo.gov 1 Uodate Profile/Email Address 1Instant removal with SafeUnsubscribe'" 1Prjvacy Polley.
City ofAlbuquerque 1One Civic Plaza NW I Albuquerque 1 NM 1 87102 Page3of3UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONS

Ms. Margaret Nieto City ofAlbuquerque 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)

DearMs. Nieto:**~** AQD EXHIBrT 

# I I 3a

Thank you for the opportunity to review and comment onthe proposed State Implementation Plan (SIP) revision "Infrastructure Requirements ofSection llO(a)(2)(A-M) ofthe Clean AirAct (CAA) to Implement the 2010 Nitrogen Dioxide (N02 ) National Ambient Air Quality Standards (NAAQS)." The Environmental Protection Agency (EPA) appreciates the efforts ofthe Albuquerque-Bernalillo County Air Quality Control Board to meet this important CAA requirement. The EPA Region 6 offers the following comments onthe proposed SIP revision:

Comment 

### 1:

Sections I!O(a)(2)(C) and (E) ofthe 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 ofadministrative enforcement actions and administrative penalties for violations ofthose 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 encouragethe submittal ofthe amended ordinance as a SIP revision. We will act onthis 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 ofthe 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) ofthe Clean Air Act (CAA) to prevent significant deterioration ofair quality in areas meeting the NAAQS. The EPA will not be able propose a full approval ofthe Infrastructure SIP for the PSDrelated components ofsections 110(a)(2)(C), l10(a)(2)(D)(i)(II), and 110(a)(2)(J) until the

InternetAckfress (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 ofAppeals for the District ofColumbia Circuit Court (Court) vacated and remanded to the EPA portions ofthe 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, 20I0 PM2.5Rule were not subject ofthe 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 ofSignificant Deterioration and 20.11.61 NMAC Permitting in Nonattainment Areas) addressing the PM2.5 PSD incrementrequirements 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 ofsections IIO(a)(2)(C), IIO(a)(2)(D)(i)(II), and IIO(a)(2)(J))(Il), ofthe CAA.

Comment3:

The discussion in section IIO(a)(2)(D) for Interstate Transport states that based on monitored N02 concentrations, and the lack ofN02 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 ofsignificant deterioration

or for the protection ofvisibility in any other state; and 3) Do not preclude the state from insuring compliance with CAA Sections 126 and 115.

We appreciate thatthis 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 ofColumbia Circuit decision vacatingthe Cross-State Air Pollution Rule. If Albuquerque/Bernalillo county still wishes to address the CAA IIO(a)(2)(D)(i)(l) requirements, we recommend that this discussion be supplemented with information regarding the number ofactual N(h monitors in Albuquerque/Bernalillo County (i.e., I NCOR site) and the maximum values monitored at that site during the pastthree years (e.g., 2010-2012). We also recommend that you supplement the discussion with what monitors/receptors were considered outside ofAlbuquerque/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 ofthese SIPs in other states provide examples ofthe types oftechnical 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. Ifyou have any questions or need additional clarification, please contact Mr. John Walser ofmy staffat 214-665-7128. Please let us know how we may be offurther assistance.

Sincerely yours,

Guy Donaldson Chief Air Planning Section

# CITY OF ALBUQYERQYE

PO Box 1293

Albuquerque

NM87103

www.cabq.sov February 26, 2013

Mr. GuyDoMidaon Chit(AirPllnning Section (6PD-L) US. Environmental ProtectionAgency, Region VI 1445 Rot• Avenue, Suite 1200 Da!W, TX 75202-2733

SUB JEer: Response byAit Q....Uty Division to EPA Comm.ents on ProposedNOzl-SIP
DeuGuy,

Thank you for your comments on our proposed NOz Infrastructure SIP. Please f111d our responses below:

EPAComment 1:

Sections 110(a)(2)(C) md (E) of the =lification matri1 in the Proposaldo not include any discusoion of where the Air Quality Division (AQD) is gnnted authority to enforce permitting provisions and implement theSIP. 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 aJune 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 ReeposueTo 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 Comment2:

The EPA finalized the PM,., PSD lncremcnt-SIIA-SMC Rule (75 FR 64864, October 20, 2010) to provide additional regulatory requirements under the PSD SIPprogramregarding 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 byjuly20, 2012 This requirementapplies to the Albuquerque/Bernalillo County. SpeciliC..Uy, the October 20, 2010 PM,., Rule requi.res states to**Albuqturqu~** lvh1king Hiuary l '()6-2006adopt 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,sPSD increment requirements from our October20, 2010 PMuRule 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 NonatlaiMIMIArnu; 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). ThePMu 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 Comment3:

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 nonattainmentorinterfere 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

2discussion 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 Comment3:

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

3Direct Testimony- Nitrogen Dioxide Infrastructure SIP

Slide 1



### Introduction**~D** EXHIBIT



### ; 4 

# I

Thank you, Mr. Hearing Officer, Madam Chair, and members ofthe Board. Myname 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 OfThe Petition To

AdoptA State Implementation Plan (SIP) For Nitrogen Dioxide (NOz) To Address

Sections llO(a)(l)And(2) OfThe Federal Clean AirAct(CAA), 42 U.S. C.§



### 74/0(a)(l)And(2) HereafterReferred 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 II0 requires each state to submit a
plan (State Implementation Plan or "SIP") for the implementation, maintenance, and

enforcement ofeach NAAQS, within three years ofthe promulgationby the United

States Environmental Protection Agency (EPA) ofsuch a standard. Section II0 ofthe

CAA sets forth the general elements which must be contained within the SIPs, generally

referred to bythe EPA as the "Infrastructure" elements ofSIPs.

### 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, 2010]. Based on its review ofthe air quality criteria for

oxides ofnitrogen and theprimary NAAQS for oxides ofnitrogen as measured by

nitrogen dioxide (NOz), EPA made revisions to the primary N02 NAAQS in order to
provide requisite protection ofpublic health. Specifically, EPA established a new !-hour

standard at a level of I00 ppb,based on the 3-year average ofthe 98th percentile ofthe

yearly distribution of !-hourdailymaximum concentrations, to supplementthe 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 ofthe standard (53

ppb). Annual average ambient N02 concentrations, as measured at area-wide monitors,

have decreased bymore than 40% since 1980. Currently, the annual average N02



### concentrations range from approximately I0-20 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 ofthe NAAQS rulemaking, the EPA promulgated revisions to requirements for

minimum numbers ofambient NOz 

### monitors that included new monitoring near major

roads in larger urban areas {"firsttier", which includes Albuquerque- Bernalillo

### County}. In addition, these monitoring requirements included the characterization of

NOz 

### concentrations representative ofwider 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) ofthe CAA requires states to submit to EPA an "Infrastructure SIP"

that addresses the requirements ofSection I 10(a)(2)(A)--{M) ofthe CAAwithin 3 years

after the promulgation ofa NAAQS. Therefore, the N02 

### Infrastructure SIP 

### wasdue on
February 9, 2013. The Infrastructure SIP is a compilation ofelements that demonstrates

how Albuquerque and Bernalillo County will implement, maintain and enforce the

revised N02 NAAQS. This proposed SIP revision mustbe adopted by the AlbuquerqueBernalillo County Air Quality Control Board (Air Board) to be included as part ofNew

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

ofhow Albuquerque and Bernalillo County will continue to complywith the Section

110(a)(2) requirements ofthe CAA for the NOz 

### t-:AAQS.

The Public Review Draft ofthe proposed N02 Infrastructure SIP demonstrates the

sufficiencyofthe existing SIP to enable the Division to enforce the 20I0 NOz 

### NAAQS,

by outlining all ofrequirements in Sections II0(a)(2)(A) through (M) ofthe federal

### Clean Air Act (CAA), and then addressing how Albuquerque and Bernalillo County

meets each one. Enforceable emission limitations and control measures, airquality

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 orrequirements arebeing placed on the regulated community

with the proposed N(h Infrastructure SIP, only upon the Division, inthe 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 ofNew Mexico.



### SLIDE4

Request



### Therefore, the Enviromnental Health Department ofthe City ofAlbuquerque, 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 forN02. shown as AQD Exhibit# Ia, as amended by StaffProposed

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.



### SLIDESConclusion



### 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, StaffProposed 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) ofthe Clean Air Act

8 

# (CAA) to Implementthe 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, YearJune 12, 2013

25 

## Mx. x.v_v.x X.Y_Y.XX 

### Dona Upson. MD, Chair

26 

### Albuquerque-Bernalillo County Air Quality Control BoardAQD Exhibit#5, StaffProposed 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 ofnitric oxide (NO). Nitrogen oxides (NOx) is the term used to describe the sum of 5 l"O, N02, and otheroxides ofnitrogen. A variety ofNOx compounds and their transformation
6 

### products occur both naturally and as aresult ofhuman. activities. Anthropogenic (i.e. manmade)
7 

### emissions ofNOx account for a large majority ofall nitrogen inputs to the environment. The 8 major sources ofanthropogenic 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 ofthe 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 ofthe air quality criteria for oxides of 18 nitrogen and theprimary NAAQS for oxides ofnitrogen as measured byN02, 

### EPA has made 19 revisions to the primary N02 NAAQS in orderto provide requisite protection ofpublic health.
20 

### Specifically, EPA has established a new !-hourstandard at a level of 100 parts perbillion (ppb),
21 

### based on the 3-year average ofthe 98th percentile ofthe 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 N02concentrations measured at area-wide monitors well below the level ofthe 25 standard (53 ppb). Annual average ambient N02 concentrations, as measured at area-wide 26 monitors, have decreased bymore than40% since 1980. Currently, the annual average N02 

### 27 concentrations range from approximately 10-20ppb."(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 !-hourN02 

### NAAQS [FR VoL 77, No. 33, 9532-88, 31 effective 2/29/12]. 32 

### 33 Pursuant to Sections J !O(a)(l) and 11O(a)(2) ofthe CAA, each State is required to submit a plan 34 to provide for the implementation, maintenance, and enforcement ofa newly promulgated or 35 revised NAAQS within 3 years ofpromulgation ofa new orrevised standard. Section 11O(a)(l) 36 ofthe CAA addresses the timing requirement for the submissions ofany "Infrastructure SIP" 37 revisions, while Section l10(a)(2) ofthe CAA lists the required elements that comprise the 38 "Infrastructure SIP". Therefore, this plan or "Infrastructure SIP" addressing the requirements of 39 Sections 11O(a)(2)(A)--(M) ofthe 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 ofl7AQD Exhibit #5, StaffProposed Floor Amendments (Shown in red font)

andprocedures
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) of55 ppb, and an Annual Design Value (2008-2010) ofl2 ppb. [Table 2-1: EPA Region 6N02 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 ofthe Air Board is currently in attainment for the existing annual N02 standard.

"Based on its review ofthe air quality criteria for oxides ofnitrogen and the primary NAAQS for oxides ofnitrogen 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 ofthe CAA. Specifically, EPA is supplementing the existing annual standard for N02 of53 ppb by establishing a
new short-term standard based on the 3-year average ofthe 98th percentile ofthe yearly distribution of 1-hour daily maximum concentrations. EPA is setting the level ofthis new standard at I00 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 ofthe standard (i.e. "The form is the air quality statistic used to determine ifan area meets the standard." Fact SheetFinal Revisions To The NationalAmbientAir Quality Standards ForNitrogen Dioxide http://www.epa.gov/apti/video/pdfs/N02%20NAAQS%20Fact%20Sheet.pdf) and the method ofdata 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 thejurisdiction ofthe Air Board had a theoretical design value of58 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', butrather, it is 'unclassifiable'. As a consequence ofthis lack ofdata 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 ofthe NAAQS rulemaking, the EPA promulgated revisions to requirements for minimum numbers ofambient 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 ofwider spatial scales in larger urban areas (area-wide monitors), and monitors intended to characterize N02 exposures ofsusceptible 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 ofthe ambient N02 monitoring network requires near-road monitoring [See 40 CFR Part 58, Appendix D, Section 4.3.2].**·~monitors** mustbeplaced in proximityto mad segments with thehighest

### ranked MDTleyels apdno more than 50metem (]64.042 feet> away from the edge ofthe nearesttraffic lape "( FqctSheyt Final Revisions Tq 11ze Nqtiqnal AmbientAirOualitvStqndards 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, StaffProposed Floor Amendments (Shown in red font)

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"An additional near-road N02 monitoring station is required at a second location ofexpected maximum hourly concentrations for any CBSA with a population of 2,500,000 or more persons, or in any CBSA with a population of500,000 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 thejurisdiction ofthe Air Board is [ 182,790J 193,900, recorded on 1-25 near Montgomery Boulevard (see 

### hlffi:'1 wvNJ.mreeg flm.gev/i:magesfstoriesffldflmaps and data/traffic flew/tfm08l:lrhan.ptifhttt>://www.mrcog-nrn.gov/transportation-mainmenu-67/traffic-countsmainrnenu-263 andhttp://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 ofthe 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, StaffProposed 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 ineach CBSA with a population of I,000,000 ormore persons to monitor a location ofexpected highest N02 concentrations representing the neighborhood or larger spatial scales. TheseNO, monitors are referred to as area-wide momtors." [NPR FRVol. 77, No. 203, 64244-49, l0119112] A second tier monitor v.ill not be required in Bernalillo County.

' 1The third tier ofthe N02 mimmum monitoring requirements is for the characterizationofNO, exposure for susceptible and vulnerablepopulations [See 40 CFR Part 58, Appendix D, Section 4.3.4]. The EPA Regional Administrators, in collaboration with states, must require a minimum of40 additional N02 monitoring stations nationwide in any area, inside or outside ofCBSAs, 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.

"Allthree tiers ofthe N0 2 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. AnnualMonitoring Network Plan) for establishing all required N01 monitoring sites to the EPA Administrator byJuly 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 71 1lie >!Ill;**84~44 4~,** **IQ'I9'1Sl~f** 

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''State and local air agencies are reguired to consider traffic**volumes~** fleet mix) roadway design, traffic congestiongattems, 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 ofa 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-RoadNOJ. Monitoring_ Technical AssistanceDocument http:/ iwww.epa.govittnamtill!ileslnearroad!NearRoadT AD.pdf),

To address these requirements, the AQD participated in the 20II 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, 

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Nitrogen Dioxide Infrastructure SIP- [IIPA gtaJ,ellelae•] Public Review Draft, [12111 '12] 2126/13 Page8of17 

### .

## ,._, '

'§ 110(a)(2)(C) AQD Exhibit #5, StaffProposed Floor Amendments (Shownin red font)

include aprogram toprovide for enforcement of the

measures in § l I0(a}(2)(A), and regulation of the modification and construction of any stationary source within the areas coveredbytheplan i as necessary to ' assure that NAAQS

are achieved, including apennit
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 }·latienalAmkief<ltAir Que1itry; S#fuidR:ods Fer Nitregen Diexide hl!a:

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EPA anticipates that it will take three years to install a new monitoring network, plus an additional threeyears ofmonitoring 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 ofdata 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 ofcontrol measures,**~** including attainment plans and permitting programs that regulate construction and modification ofstationary sources. See 20.11.41 NMAC, Operating Permits, 20.1 1.60 NMAC, Permitting in NonattainmentAreas, 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 anynew orrevised PSD (1rogram reguirements. OnOctober 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 PSDregulation for Albuguergue • Bernalillo Count:,: to incomorate the PM;u PSD increment r!l.!)uirements. OnJanuaa 29, 2013 filed Air QualityControl Board Petition No. 2013-l, Petition to Amend 20.1 I .60 NMAC.PermittingIn 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 beenincomorated into AQD's J2WJlOSed draft of20.11.60 NMAC. The 10/20!10 rule amendments also affect40 CFR 51.166 and 52.21 and have been incomorated into AQD'• !1fO!lOSed draftof20.11.61 !'.'MAC. One exce11tion is for an amendment that would have been inserted at 20.11.61.15.B.(2l NMAC, regarding "S!Ls" [see40 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 PM15 at 20.11.61.28 NMAC which was also vacated by the US Court ofAppeals [Case No. 10-1413, decided January22, 20131.

The Bernalillo**Count:~:** Ordinance 88-45(1rovides the AQD with authority to enforce**~ennitting** y:rov'isions, and Qrovides for assessment ofadministrative enforcement actions and administrative nenalties for violations ofthose 3nnit
terms and conditions. The EPA anJlrOved incomoration ofOrdinance 88-45 into the Albuguergue ·Bernalillo County SIP ina June I, 1999rulemaking [64 FR 29235). Bernalillo County has since amended this ordinance and recodified it as Bernalillo County Ordinance.**~bm~**

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### Bm::i1m**2tl'l~l-** AQD has QrO!lQ§ed a revision to the State Boards SfP to inco!]lQrate all ofthe 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 ofl7AQD Exhibit #5, StaffProposed 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 generalpurpose attainment and maintenance ofnational 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 orgeneral 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 suchpwpose) will implementation plan (e.g. purchase ofnew equipment, installation ofnew site, have adequate additional staffand increased operating and maintenance costs) will be provided personnel,funding, through the CAA § I03 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 ofAQD 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 outsuch enforce :Qermitting Qrovisions, and 12rovides for assessment ofadministrative implementationplan enforcement actions and administrative 11enalties for violations ofthose :germit

orportion thereof), terms and conditions. The EPA aQ:Qroved incomoration ofOrdinance 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;** 

### 11 14tt:.**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 ofthe 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 ofat least a IIO(a)(2)(E)(ii) that the State majority ofmembers who represent the public interest and do not derive any comply with the significant portion oftheir 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 I28 [Section 7428 of this Title], and § 110(a)(2)(E) (iii) necessary Albuquerque-Bernalillo County is authorized to carry out all portions ofNew (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
anyplanprovision, 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) MAS201 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 themPage 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 the201 Third St. NW, Ste. 1630 Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 4 (Pages 10 to 13) Page 10 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, they201 Third St. NW, Ste. 1630 Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 5 (Pages 14 to 17) Page 14 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?201 Third St. NW, Ste. 1630 Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 6 (Pages 18 to 21) Page 18
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 -- and201 Third St. NW, Ste. 1630 Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 7 (Pages 22 to 25) Page 22 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 Jeff201 Third St. NW, Ste. 1630 Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 8 (Pages 26 to 29) Page 26 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 Control201 Third St. NW, Ste. 1630 Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 9 (Pages 30 to 33) Page 30 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 Page 32 1 hearing now. 2 (The proceedings adjourned at 6:47 p.m.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 33

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 20 21 22 23 24 25

### 1 STATE OF NEW MEXICO ) ) ss 2 COUNTY OF BERNALILLO)

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### REPORTER'S CERTIFICATE

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### 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

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