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The menu below provides rapid access to the latest information and updates on proposed, new and amended air quality regulations and New Mexico State Implementation Plan (SIP) additions and amendments. Please check this webpage periodically for updates.
For information on policies and procedures for air quality permitting, please go to the Permitting Home Page.
Current Proposed Changes to Air Quality Regulations and Plans
- Proposed Air Quality Permitting Fee Updates (20.2.71 NMAC and 20.2.75 NMAC)
- Proposed Emission Guidelines for Greenhouse Gases from Existing Oil and Gas Sources (OOOOc)
- Proposed Incorporation by Reference of Federal NSPS, NESHAP and MACT Rules
- Proposed Guidelines for Greenhouse Gas Emissions for Electric Utility Generating Units
- Proposed Good Neighbor SIP Certification for 2015 Ozone NAAQS
- Regional Haze Round 2 SIP and companion rule
- Proposed Title V update (20.2.70 NMAC) to remove emergency provisions and update applicable requirements
Recently Approved Changes to Air Quality Regulations and Plans
- Carbon dioxide emission standards for coal-fired electric generating facilities
- Dust Mitigation Plan/Fugitive Dust Rule
- Good Neighbor SIP Certification for 2010 Nitrogen Dioxide NAAQS
- Incorporation by Reference for NSPS, NESHAP & MACT Rules
- Infrastructure SIP Certification for 2015 Ozone NAAQS
- Motor Vehicle Emission Standards for New Vehicles (20.2.91 NMAC)
- Municipal Solid Waste Landfills-NSPS & Emission Guidelines
- Negative Declarations
- Nonattainment Area Permit Amendments (20.2.79 NMAC)
- Petroleum Processing Facility Regulation Repeal (20.2.37 NMAC)
- Revisions to SIP for Startup, Shutdown & Maintenance
- SO2 Data Requirements Rule
- Total Suspended Particulate Air Quality Standard Repeal
Recent EPA Approvals of Regulatory Changes and Plans
Current Proposed Changes to Air Quality Regulations and Plans
The following are summaries of proposed new air quality regulations and proposed amendments to existing regulations and the New Mexico State Implementation Plan (SIP). [return to top of page]
Proposed Air Quality Permitting Fee Updates (20.2.71 NMAC and 20.2.75 NMAC)
On March 7, 2024, the Air Quality Bureau (AQB) petitioned the Environmental Improvement Board to repeal and replace 20.2.71 NMAC, Operating Permit Fees (Part 71), and 20.2.75 NMAC, Construction Permit Fees (Part 75), to increase air permit fees to cover the costs of administering and implementing the requirements of the New Mexico Air Quality Control Act and federal Clean Air Act.
The full text of the Bureau’s proposed amendments to Part 71 and 75 and related documents are available for download on the Environmental Improvement Board’s Docketed Matters webpage or in hard copy at the Bureau’s main office, 525 Camino de los Marquez, Santa Fe, New Mexico, 87505.
Persons requiring language interpretation services or having a disability who need a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the meeting should contact Dana Bahar no later than 5:00 p.m. on March 15, 2024 at dana.bahar@env.nm.gov. TDD or TDY users please access this number via the New Mexico Relay Network (Albuquerque TDD users: (505) 275-7333; outside of Albuquerque: 1-800-659-1779; TTY users: 1-800-659-8331).
For additional information or questions about this bulletin, please contact either Dana Bahar at dana.bahar@env.nm.gov or Michelle Miano at michelle.miano@env.nm.gov.
El 7 de marzo de 2024, la Oficina de Calidad del Aire (AQB, por sus siglas en inglés) presentó una petición a la Junta de Mejora Ambiental para derogar y reemplazar la Parte 71, Tarifas de Permisos de Operación y la Parte 75, Tarifas de Permisos de Construcción para aumentar las tarifas de los permisos de aire para cubrir los costos de administración e implementación de los requisitos de la Ley de Control de Calidad del Aire de Nuevo México y la Ley Federal de Aire Limpio.
El texto completo de las enmiendas propuestas por la Oficina a los documentos relacionados con las Partes 71 y 75 están disponibles para descargar en la página web Docketed Matters de la Junta de Mejoramiento Ambiental o en copia impresa en la oficina principal de la Oficina, 525 Camino de los Márquez, Santa Fe, Nuevo México, 87505.
Las personas que requieran servicios de interpretación de idiomas o que tengan una discapacidad que necesiten un lector, un amplificador, un intérprete de lenguaje de señas calificado o cualquier otra forma de ayuda o servicio auxiliar para asistir o participar en la reunión deben comunicarse con Dana Bahar a más tardar a las 5:00 p. m. el 15 de marzo de 2024 en dana.bahar@env.nm.gov. Los usuarios de TDD o TDY pueden acceder a este número a través de New Mexico Relay Network (usuarios de TDD de Albuquerque: (505) 275-7333; fuera de Albuquerque: 1-800-659-1779; usuarios de TTY: 1-800-659-8331).
Para obtener información adicional o preguntas sobre este boletín, comuníquese con Dana Bahar en dana.bahar@env.nm.gov o con Michelle Miano en michelle.miano@env.nm.gov.
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Proposed Emission Guidelines for Greenhouse Gases from Existing Oil and Gas Sources (OOOOc)
EPA issued a final rule on March 8, 2024, to control emissions of greenhouse gas (GHG) from existing oil and gas sources that commenced construction, modification, or reconstruction on or before December 6, 2022. This rule is codified in the Federal Register as 40 CFR Part 60 subpart OOOOc under Clean Air Act (CAA) section 111(d). The NMED Air Quality Bureau is developing a New Mexico Administrative Code (NMAC) rule based on the EPA model rule. NMED is required to submit the plan to the EPA by March 9, 2026. This rule will impact certain existing sources of greenhouse gas emissions from oil and gas facilities. Owners and operators of the GHG emissions facilities are required to comply with this rule after 36 months of the submission of the state plan, aside from any longer compliance schedules determined by the state as required of the remaining useful life and other factors (RULOF) of the GHG source categories.
Proposed Incorporation by Reference of Federal NSPS, NESHAP and MACT Rules
NMED proposes the incorporation into the New Mexico Administrative Code (NMAC) several new or revised federal rules promulgated under 40 CFR Parts 60, 61 and 63 for which New Mexico has been delegated enforcement authority: Standards of Performance for New Stationary Sources; National Emission Standards for Hazardous Air Pollutants; and Maximum Achievable Control Technology for Hazardous Air Pollutants for Source Categories, respectively. These new or revised federal rules would be incorporated by reference into 20.2.77 NMAC – New Source Performance Standards (NSPS); 20.2.78 NMAC – Emission Standards for Hazardous Air Pollutants (NESHAP); and 20.2.82 NMAC – Maximum Achievable Control Technology for Source Categories of Hazardous Air Pollutants (MACT). The Department also requests that the Environmental Improvement Board remove the end date of incorporation in 20.2.77 and 20.2.78 NMAC to implement and enforce all previously adopted and all future NSPS and NESHAP requirements.
Proposed Guidelines for Greenhouse Gas Emissions for Electric Utility Generating Units
Effective as of July 8, 2024; the EPA, under section 111 of the Clean Air Act, issued new greenhouse gas (GHG) performance standards for new, modified, and reconstructed fossil fuel-fired electric generating units (EGU). This new rule in accordance to 40 CFR Part 60 Subpart UUUUb, shall implement the reduction of GHG from coal-fired power plants and new gas-fired turbines through the use of more stringent emission limits, carbon capture and sequestration, and improved efficiency measures. These EGUs must meet emission rates based on the expected duration of their continued operation. Units that plan to operate beyond 2039 must meet a 90% carbon capture standard by 2032. Units that commit to cease operations by 2039 must meet an emission rate by 2030 based on co-firing 40% natural gas. Units that plan to cease operations before 2031 have no emission reduction obligations according to the federal rule.
To this extent, the State must develop and implement a plan that is appropriately stringent, efficient and cost-effective for EGUs to be able to transition into these new emission guidelines and enhancing accountability in emissions reporting. The ultimate goal of 40 CFR Part 60 Subpart UUUUb—Emission Guidelines for Greenhouse Gas Emissions for Electric Utility Generating Units is to mitigate greenhouse gas and the health and environmental effects it has by regulating the emissions from EGUs.
- NSPS and Emissions Guidelines for GHG Emissions from Fossil Fuel-Fired Electrical Generating Units is the Federal Register publication of New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions from Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule.
- Emission Guidelines for Greenhouse Gas Emissions for Electric Utility Generating Units (40 CFR Part 60 Subpart UUUUb) is the model rule for electric utility GHG emissions.
Proposed Good Neighbor State Implementation Plan Certification for the 2015 Ozone National Ambient Air Quality Standard
The New Mexico Environment Department (NMED) announces a public hearing on New Mexico’s proposed Good Neighbor State Implementation Plan (SIP) Certification for the 2015 ozone National Ambient Air Quality Standard (NAAQS). The purpose of the hearing is to consider the matter of EIB 21-05 to certify that New Mexico has an adequate, federally-approved SIP that addresses CAA Section 110(a)(2)(D)(i) regarding interstate transport of air pollution in this submittal. The proposed certification confirms to the U.S. Environmental Protection Agency (“EPA”) that the State of New Mexico has the required “infrastructure” in place under the current SIP to implement, maintain, and enforce the revised 2015 Ozone NAAQS and fulfills its “good neighbor” obligations under the CAA.
All comments must be received by 5:00 PM MDT on April 22, 2021 in order for NMED to include a response in the hearing record. Anyone may present technical testimony, non-technical testimony or provide written or oral comments at the hearing. Please see the public hearing notice below for detailed instructions for participation.
- Proposed Good Neighbor SIP
- Limited English Proficiency/Public Involvement Plan
- Public Comment and Hearing Notice – English
- Public Comment and Hearing Notice – Spanish
- 2015 Ozone NAAQS Infrastructure SIP
Proposed Title V update (20.2.70 NMAC) to remove emergency provisions and update applicable requirements
EPA requires emergency provisions to be removed from the Title V operating program. During this update, NMED also plans to align “applicable requirements” more closely with the EPA language for these requirements. The process to update these regulations is underway and must be completed by August 21, 2025.
- 70.2.70 NMAC Stakeholder Review Draft identifies the proposed changes to 20.2.70 NMAC.
- Comment Portal provides a link to the comment collection portal for this action.
Recently Approved Changes to Air Quality Regulations and Plans
The following are summaries of recently approved changes to New Mexico air quality regulations and the New Mexico State Implementation Plan. These changes were approved by either the Environmental Improvement Board or U.S. EPA within the last two years. Please check this webpage periodically for updates.
Carbon dioxide emission standards for coal-fired electric generating facilities
The New Mexico Environmental Department (NMED) announces a new rulemaking to develop emission standards for new and existing electric generating facilities, 20.2.101 NMAC, Carbon Dioxide Emission Standards for Coal-Fired Electric Generating Facilities.
During the 2019 legislative session, Senate Bill 489 introduced the Energy Transition Act (ETA), which was later signed into law by Governor Michelle Lujan Grisham. The ETA sets statewide renewable energy standards and establishes a pathway for a low-carbon energy transition away from coal. The ETA requires the Environmental Improvement Board (EIB) to promulgate a rule that limits carbon dioxide emissions from certain electric generating facilities under their jurisdiction to 1,100 pounds per megawatt-hour on or after January 1, 2023. The EIB’s jurisdiction does not include Bernalillo County or Tribal lands.
The New Mexico Environmental Improvement Board will hold a public hearing on October 26, 2022, to consider the NMED’s proposed new rulemaking targeting carbon dioxide emissions from coal-fired electric generating facilities.
This webpage provides information regarding the rulemaking hearing and key documents. Please visit the Environmental Improvement Board website for further hearing information.
- 20.2.101 NMAC draft rule contains the proposed regulatory language.
- Energy transition Act Document describes the basis for the new rulemaking.
- AQB Overview and Rulemaking describes the AQB and its approach to making rules.
- Environmental Groups’ Comment document compiles comments received on initial proposals.
- Notice of rulemaking hearing to consider adoption of proposed 20.2.101 NMAC – carbon dioxide emission standards for coal-fired electric generating facilities, EIB 22-28 (R)
- Aviso de audiencia de reglamentación para considerar la adopción de la propuesta 20.2.101 NMAC – normas de emisiones de dióxido de carbono para instalaciones generadoras de electricidad a base de carbón, EIB 22-28 (R)
- Energy Transition Act presentation September 1, 2022.
- 20.2.101 NMAC Carbon Dioxide Emission Standards for Coal-Fired Electic Generating Facilities, Filed Rule.
- 20.2.101 NMAC, Carbon Dioxide Emission Standards for Coal-Fired Electic Generating Facilities, Filed Transmittal Form.
Dust Mitigation Plan and Fugitive Dust Rule
On September 16, 2016, the Administrator for the U.S. Environmental Protection Agency (EPA) signed revisions to the Exceptional Events Rule with the final rule published in the Federal Register on October 3, 2016. The federal Clean Air Act (Section 319(b)(3)(A)) identifies five guiding principles for developing implementing regulations of exceptional events:
- Protection of public health is the highest priority;
- All ambient air quality data should be included in a timely manner in an appropriate federal air quality database that is accessible to the public;
- Timely information should be provided to the public in any case in which the air quality is unhealthy;
- Each state must take necessary measures to safeguard public health regardless of the source of the air pollution; and
- Air quality data should be carefully screened to ensure that events not likely to recur are represented accurately in all monitoring data and analyses.
Section V of the preamble to the final rule (81 FR 68270) addresses mitigation and requires the development of mitigation plans in areas with “historically documented” or “known seasonal” exceptional events. These events must be of the same type and pollutant (i.e., high wind dust/PM10) and recur annually or seasonally. Doña Ana and Luna Counties in southern New Mexico were identified by EPA as areas required to be covered by mitigation plans. NMED developed a single mitigation plan for the two counties and a copy may be found below.
Dust Mitigation Plan for Doña Ana and Luna Counties
NMED developed a fugitive dust rule in conjunction with the mitigation plan to detail mandatory measures to abate certain controllable sources in Doña Ana and Luna Counties. A public hearing was held on September 28, 2018 in Las Cruces and the board adopted the rule on October 26, 2018. Copies of the final rule, hearing transcripts and statement of reasons to adopt the rule are provided below.
- 20.2.23 NMAC, Fugitive Dust Control, (Applicable in Doña Ana and Luna Counties only)
- Hearing Transcript
- Deliberations Transcript
- Transmittal Form and Statement of Reasons to Adopt
For questions related to the dust mitigation plan or fugitive dust rule, please contact Armando Paz at (575) 629-3242 or armando.paz@state.nm.us. To stay up to date on the progress of this regulatory action, please visit our website, www.env.nm.gov/air-quality/ and sign up for the Regulatory and SIP or Border Air Quality listserv bulletins.
Good Neighbor State Implementation Plan Certification for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard
The New Mexico Environment Department (NMED) announces an opportunity to comment on and request a public hearing on New Mexico’s proposed Good Neighbor State Implementation Plan (SIP) Certification for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard (NAAQS). The proposed Good Neighbor SIP Certification addresses Clean Air Act (CAA) Section 110(a)(2)(D)(i)(I), to confirm to the U.S. Environmental Protection Agency (EPA) that the State of New Mexico has the required “infrastructure” to implement, maintain, and enforce the 2010 Nitrogen Dioxide NAAQS and fulfills its “good neighbor” obligations under the CAA.
All comments or requests for a public hearing must be received by May 17, 2021.* If a request for a public hearing is received during the 30-day public comment period, a hearing date, time and location will be announced at a later date.
- Proposed NO2 Good Neighbor SIP
- Public Comment and Hearing Notice
- Aviso de Oportunidad de Audencia Pública y Comentarios Certificación de Infraestrutura Propuesta para el Estándar Nacional de Calidad del Aire Ambiental de Nuevo México para el Dióxido de Nitrógeno 2010
- EPA approval of NO2 Transport, Good Neighbor, SIP
*The revised public comment closing date is May 17, 2021, not May 15, 2021 as published in the Albuquerque Journal.
Incorporation by Reference of federal NSPS, NESHAP and MACT rules
A public hearing was held November 17, 2023 where the Environmental Improvement Board unanimously approved amendments to the dates of incorporation by reference contained in 20.2.77 NMAC (New Source Performance Standards), 20.2.78 NMAC (Emission Standards for Hazardous Air Pollutants), and 20.2.82 NMAC (Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air Pollutants). The previous update for Parts 77, 78 and 82 was January 15, 2017. Since the most recent date of incorporation, there have been 119 changes to various federal New Source Performance Standards, Emission Standards for Hazardous Air Pollutants, and Maximum Achievable Control Technology Standards. Adoption of the incorporation by reference amendments changes the “through date” in Parts 77, 78 and 82 that reference the final rulings made at the federal level through June 28, 2023.
- New Mexico Environmental Improvement Board Notice of Rulemaking Hearing_on 2023-11-17 is the announcement for the incorporation by reference rule.
- Junta de Mejora Ambiental de Nuevo México Aviso de Audiencia de Reglamentación is the Spanish version of the announcement for the incorporation by reference rule.
- Notice of Public Meeting NM EIB 2023-11-17 is the meeting notice that includes the links to join the meeting online.
- Notice of Intent 23-52(R) is the NMED notice of intent to present technical testimony for the incorporation by reference rule.
- Exhibit 16, Sunshine Portal public notice is a copy of the public notice posted on the official government transparency portal of new Mexico.
- Exhibit 17, Field Office public notice documentation is documentation of the request to post public notices at NMED field offices.
- New Mexico State Records Center and Archive filing of NMAC sections 20.2.77, 78, and 82.
- EIB Final Order and Statement of Reasons for EIB 23-52
Please contact Armando Paz at armando.paz@env.nm.gov or at (505) 629-5025 for additional information.
Infrastructure State Implementation Plan Certification for the 2015 Ozone National Ambient Air Quality Standard
The New Mexico Environment Department (NMED) submitted New Mexico’s proposed Infrastructure State Implementation Plan (iSIP) Certification for the 2015 ozone National Ambient Air Quality Standard (NAAQS) to the EPA on November 16, 2018. The iSIP certification addresses elements of a Clean Air Act (CAA) Section 110(a)(2), to confirm to the EPA that the State of New Mexico has the required “infrastructure” to implement, maintain, and enforce the 2015 ozone NAAQS, promulgated on October 1, 2015 (80 FR 65291, October 26, 2015).
This certification does not address CAA Section 110(a)(2)(D)(i)(I), which prohibits emissions from New Mexico that significantly contribute to nonattainment or interfere with maintenance of a NAAQS in a downwind state. This section is often referred to as the “Good Neighbor Provision” and will be addressed in a future submission to EPA.
Municipal Solid Waste Landfills – New Source Performance Standards and Emission Guidelines
In August 2016, EPA issued revised standards for both new and existing municipal solid waste landfills (MSWLs). The New Source Performance Standards at 40 CFR 60 Subpart XXX apply to landfills constructed or modified after July 17, 2014. The Emission Guidelines at 40 CFR 60 Subpart Cf apply to landfills constructed or modified on or prior to this date. Both of these federal rules aim to reduce landfill gas emissions. The New Source Performance Standard were incorporated by reference into the New Mexico Administrative Code (NMAC) on April 28, 2017.
Subpart Cf, promulgated under Section 111(d) of the Clean Air Act, requires that states, tribes and local authorities with jurisdiction over existing landfills develop a plan to implement the emission guidelines. One aspect of that state plan, for New Mexico, is the amendment of 20.2.64 NMAC – Municipal Solid Waste Landfills (Part 64).
On April 28, 2017, the Environmental Improvement Board unanimously approved the adoption of the State Plan implementing the emission guidelines and the repeal and replacement of Part 64.
- Public Notice in English and Spanish
- Petition for Hearing EIB 16-06 (R)
- Original Plan Hearing Record (1996)
- Notice of Intent to present technical testimony – filed 4/7/17
- Exhibits 1-3: Witness resumes
- Exhibit 4: Written testimony (Hollenberg)
- Exhibits 5 and 11: Proposed State Plan
- Exhibits 6 , 9 and 10: Proposed Part 64 Revisions
- Exhibits 7 and 8: Subpart Cf and Guidance Doc excerpts
- Exhibit 12: EPA Letter re Increments of Progress
- Exhibits 13 and 15 – 23: NMED Outreach Efforts
- Exhibits 14, 25 and 26: Industry comments and NMED response
- Exhibits 24 and 27: Small Business RAC letter and response
- Exhibit 28: Proposed Order and Statement of Reasons
- EIB 16-06 (R) Order and Statement of Reasons 05022017
- FR – MSW Landfill 11 Sept 2019
NMED submitted the approved State Plan implementing the Emission Guidelines in early May, 2017. On May 31, 2017, the EPA issued a 90-day stay on both the NSPS and EGs. This 90-day stay expired on August 29, 2017. Therefore, the 2016 federal rules are currently in effect. However, EPA is reconsidering several issues in these final rules. EPA does “not plan to prioritize” the review of submitted state plans and issuance of a Federal Plan for states that failed to submit a state plan. For more information on these rules and rule history, visit EPA’s web page for landfills.
Please contact Neal Butt at (505) 629-2972 or neal.butt@state.nm.us if you have questions or comments concerning the State Plan development. For questions regarding implementation of the emission guidelines, contact EPA Region 6 (Boyce.Kenneth@epa.gov).
Negative Declarations
Negative Declarations may be submitted to the U.S. EPA when Emissions Guidelines are finalized for existing sources. Emissions Guidelines require States, Tribes and Local Agencies to develop plans to implement the guidelines (rules) for sources within their jurisdictions that meet the applicability criteria. When a State, Tribe or Local Agency does not have an applicable source covered by the rule, a letter to U.S. EPA stating such may be submitted in lieu of an implementing plan. This is termed a “Negative Declaration.”
- On June 27, 2018, NMED submitted a Negative Declaration, which was clarified and reaffirmed in a June 15, 2020 Negative Declarationfor Commercial/Industrial Solid Waste Incinerators (CISWI) to EPA. (effective December 16, 2020) 85 FR 72967
- On February 11, 2014, NMED submitted a Negative Declaration for Hospital Medical Infectious Waste Incinerators (HMIWI) to EPA. (effective April 1, 2021) 86 FR 12109
- On October 11, 2007, NMED submitted a Negative Declaration, which was clarified and reaffirmed in a June 15, 2020 Negative Declaration, for Other Solid Waste Incinerators (OSWI) to EPA. (effective May 5, 2021) 86 FR 17543.
Please contact Neal Butt at (505) 629-2972 or neal.butt@state.nm.us if you have questions or comments concerning Negative Declarations.
Nonattainment Area Permit Amendments (20.2.79 NMAC)
The Air Quality Bureau (AQB) of the New Mexico Environment Department (Department) intends to propose to the Environmental Improvement Board (EIB), amendments to 20.2.79 NMAC, Permits – Nonattainment Areas (“Part 79”), to make technical and administrative corrections to the rule. Part 79 specifies permitting requirements for any new major stationary source or major modification of an existing source located within a designated nonattainment area; or located within an area designated attainment or unclassifiable and will emit a regulated pollutant that significantly impacts a nonattainment area for the same pollutant.
The U.S. Environmental Protection Agency (EPA) designated a part of Doña Ana County near the Sunland Park area as a marginal nonattainment area for the 2015 ozone National Ambient Air Quality Standard (“2015 O3 NAAQS”) on August 3, 2018, requiring the AQB to develop a State Implementation Plan (“SIP”) revision that includes a nonattainment permitting rule (i.e., Part 79) and submit it to EPA by August 3, 2021.
In December 2018, EPA promulgated the 2015 O3 NAAQS implementation rule, which specifies nonattainment area SIP requirements. This final rule, referred to as the 2015 O3 SIP Requirements Rule (“2015 O3 SRR”), is largely an update to the previous implementing regulations promulgated for the 2008 O3 NAAQS, and does not contain significant revisions from that previous rule.
The 2015 O3 SRR addresses a range of nonattainment area SIP requirements New Mexico must meet for implementation of the 2015 O3 NAAQS, including transportation conformity, nonattainment new source review (“NNSR”), emissions inventories, and emissions statement deadlines for SIP submissions and compliance with emission control measures in the SIP.
Pursuant to the 2015 O3 SRR, NMED submitted a baseline Emissions Inventory and Emissions Statement to EPA by the specified deadline of August 3, 2020. For more information see /air-quality/dona-ana-2/
As part of the effort to comply with the 2015 O3 SRR, the AQB analyzed Part 79 to determine if it was adequate to implement and enforce the standard. The AQB compared Part 79 with 40 CFR 51.165, Permit Requirements, and identified cross-reference inconsistencies and typographical errors that are addressed in the proposed revision.
Documents related to the proposed draft amendments to Part 79 are provided below.
All comments must be received by 5:00 PM MDT on May 21, 2021 in order for NMED to include a response in the hearing record. Anyone may present technical testimony, non-technical testimony or provide written or oral comments at the hearing. Please see the public hearing notice below for detailed instructions for participation.
- Stakeholder Review Draft – 20.2.79 NMAC
- Summary of Proposed Amendments and Rationale
- Petition for Regulatory Change – 20.2.79.NMAC – Hearing No. EIB 21-07(R)
- Sunland Park Nonattainment Area-Public Involvement Plan (PIP)
- Sunland Park Nonattainment Area-Limited English Proficiency (LEP) Services Evaluation
- Notice of Virtual Rulemaking Hearing for Proposed Amendments to 20.2.79 NMAC on June 25, 2021
- Aviso de Audiencia de Reglamentacion por Internet para Considerar Propuesta de Enmendas a 20.2.79 NMAC el 25 de junio de 2021
- Notice of Intent to Present Technical Testimony
- NMED Exhibit 1 – Petition for Regulatory Change; Attachment 1 – Statement of Reasons; and Attachment 2 – Proposed Amendments to 20.2.79
- NMED Exhibit 2 – Direct Testimony – Neal Butt
- NMED Exhibit 3 – Resumes
- NMED Exhibit 4 – Stakeholder Outreach Documentation
- NMED Exhibit 5 – Summary of Proposed Changes to 20.2.79 NMAC with rationale for each change
- NMED Exhibit 6 – Public Notice
- NMED Exhibit 7 – State Records Center formatting revisions to 20.2.79 NMAC Public Review Draft
- NMED Exhibit 8 – Small Business Regulatory Relief Act Letter
- NMED Exhibit 9a – Federal Register Notice: 2015 Ozone NAAQS 80 FR 65292, October 26, 2015
- NMED Exhibit 9b – Federal Register Notice: Nonattainment Area designation 83 FR 25820, June 4, 2018
- NMED Exhibit 9c – Federal Register Notice: 2015 ozone NAAQS implementation rule 83 FR 62998, December 6, 2018MED Ex 9c 2015 SIP Requirements Rule 83 FR 62998 12-6-18
- NMED Exhibit 10 – Proposed Order and Statement of Reasons
- NMED Exhibit 11 – Stakeholder Comment from WEG and response from NMED
Please contact Neal Butt at (505) 629-2972 or neal.butt@state.nm.us if you have questions or comments concerning the proposed amendments.
Petroleum Processing Facility Regulation Repeal (20.2.37 NMAC)
At a public hearing held August 12, 2016, the Environmental Improvement Board unanimously approved the repeal of 20.2.37 NMAC. Part 37 was adopted in 1974
and specifies emissions limits and other operating requirements for existing (constructed prior to July 1, 1974) and new petroleum refineries and natural gas processing facilities. This rule regulates emissions from several processes associated with petroleum processing facilities and has not been substantially revised since 1984. The rule was identified in the November 2012 Improving Environmental Permitting Report for potential revision or repeal. The Air Quality Bureau has conducted a thorough analysis of the rule as well as other similar federal rules that apply to this industry, and has concluded that the rule can be repealed without a relaxation of emissions controls or an adverse effect on air quality
- Part 37 Notice of Intent EIB 16-02(R)
- Public Notice (Part 37 EIB Hearing – English Notice and Part 37 EIB Hearing – Spanish Notice)
- Part 37 Signed Statement of Reasons
- Part 37 Notice of Intent EIB 16-02(R)
Please contact Mark Jones at mark.jones@state.nm.us or at (505) 566-9746 for additional information.
Revisions to the New Mexico State Implementation Plan Regarding Startup, Shutdown and Malfunctions
A public hearing, held September 9, 2016, approved revisions to the State Implementation Plan (SIP) for New Mexico. The SIP revisions are in response to a final action issued by the U.S. Environmental Protection Agency (EPA). On June 12, 2015, the EPA published its final action to ensure states have plans in place that are fully consistent with the Clean Air Act and recent court decisions concerning startup, shutdown and malfunction (SSM) operations.
In response to this final action, the New Mexico Environment Department Air Quality Bureau proposed revisions to the State Implementation Plan (SIP). These SIP revisions entail removing applicable sections of 20.2.7 NMAC – Excess Emissions during Malfunction, Startup, Shutdown, or Scheduled Maintenance from the SIP. The proposal was unanimously approved by the Environmental Improvement Board on September 9, 2016.
- Part 7 Proposed Revisions – Excess Emissions
- Part 7 EIB Hearing – English Notice
- Part 7 EIB Hearing – Spanish Notice
- Signed Order – EIB Hearing 16-03 (R)
- SOR 16-03(R)
SO2 Data Requirements Rule (SO2 DRR) – Implementation of the 2010 1-hour Sulfur Dioxide Primary National Ambient Air Quality Standard
The U.S. EPA requires each State to supply information regarding sources that emit greater than 2,000 tons per year of sulfur dioxide in order to determine compliance with the 2010 1-hour primary standard. The schedule of required information includes:
- January 15, 2016 – List of Sources – Sulfur dioxide states include for applicability to the Data Requirements Rule
- July 1, 2016 – Approach – Air Quality Characterization – Sulfur dioxide (modeling or monitoring) for determining whether the source does or does not violate the standard
- December 2016 – Revised Protocol
- January 1, 2017 – Installation of monitors (if monitoring is the approach chosen)
- January 13, 2017 – Final Modeling (actual emissions)
- August 2017 – EPA SO2 Disagreements Document
- December 20, 2017 – EPA Attainment Designation for New Mexico (Round 3)
The Round 4 2010 SO2 NAAQS Designations action was signed by the EPA Administrator, Andrew Wheeler, on December 21, 2020, pursuant to a court-ordered deadline of December 31, 2020. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, Acting Administrator Jane Nishida re-signed the same action on March 10, 2021 for publication in the Federal Register. Attainment/nonattainment designations for New Mexico were completed in December 2017. For more information on the 2010 SO2 NAAQS and the Round 3 area designations, visit EPA’s Round 3 2010 SO2 NAAQS Designations webpage.
In accordance with the ongoing requirements in the federal rule, NMED must submit annual reports of the San Juan Generating Station’s SO2 emissions by July 1st of each year following designation. The purpose of this report is to analyze whether or not new modeling is required for areas that employed modeling of actual emissions for characterization. The fourth annual report for San Juan Generating Station (SJGS) is now available for review and public comment before submission to EPA. The report shows that SO2 emissions continue to decrease from the modeling years of 2013-2015. 2018 emissions decreased significantly because two units were shut down in December 2017. The 2020 one-hour average and the one-hour maximum SO2 emissions showed decreases over the 2019 emissions. The three-year average for 2018-2020 showed decreased emissions when compared to the modeled three-year average for 2013-2015. Also, the annual maxima for 2018-2020 as well as the 99th percentile of 1-hour maxima for 2018-2020 significantly decreased from the modeled years of 2013-2015. Therefore, NMED recommends that new modeling should not be required at this time.
- Draft 2022 Annual Report, SO2 Emissions for San Juan Generating Station – 5/6/2022
- Draft 2021 Annual Report SO2 DRR Report – SO2 Emissions for SJGS – 5/11/2021
- Public Involvement Plan for SJGS SO2 Report – 5/15/2020
- Notice of Availability Report Availability – 5/11/2021
Total Suspended Particulate NM Ambient Air Quality Standard Repeal
The Improving Environmental Permitting Initial Report recommended that the Air Quality Bureau consider the NM Ambient Air Quality Standards (NMAAQS) for Total Suspended Particulate (TSP) for repeal.
The NM standards were adopted in 1969, prior to the adoption of the National Ambient Air Quality Standards (NAAQS) in 1971. The U.S. Environmental Protection Agency (EPA) revised its standards in 1987, replacing TSP with particulate matter less than 10 microns (PM10). The NM TSP standards were retained, to protect the public from soiling and nuisance effects of larger particulates (dust).
The Air Quality Bureau studied the issue and determined that a repeal of the TSP standards will not cause a deterioration in air quality; the current federal air quality standards for PM10 and PM2.5 are protective of public health. A repeal also eased the permitting burden for regulated sources and the Air Quality Bureau. A hearing was scheduled for September 28, 2018 in Las Cruces.
In part to address soiling and nuisance effects of windblown dust, the Air Quality Bureau developed a dust mitigation plan and associated fugitive dust rule that applies in areas that are in danger of violating the PM10 NAAQS. (See “Dust Mitigation Plan and Fugitive Dust Rule” above.)
On September 28, 2018, the Environmental Improvement Board (EIB) held a public hearing in Las Cruces, NM to consider the proposed repeal of the NM Ambient Air Quality Standard for TSP contained in Section 109 of 20.2.3 NMAC. The EIB unanimously approved the proposal at its October 26, 2018 meeting in Santa Fe. The effective date of the repealed standard was November 30, 2018.
The “Notice if Intent for 18-04 (R)” includes written testimony, proposed rule amendments, a noninterference demonstration under CAA 110(l), and copies of public notices and affidavits of publication.
- Notice of Intent for EIB Hearing 18-04 (R)
- EIB Hearing 18-04 Transcript
- EIB 18-04 Deliberations Transcript
- Final Order/SOR/NMAC Transmittal – TSP Repeal
- Governor’s Designee Letter – TSP Repeal
- 84 FR 49057 2015 O3 TSP Approval
Recent EPA Approvals of Regulatory Changes and Plans
The following are links to recently approved regulatory changes or plans. To view all EPA approvals related to the State Implementation Plan, please visit the electronic code of federal regulations.
NM Regulations:
- Part 1 (effective September 22, 2015) 80 FR 43964
- Part 2 (effective March 27, 2015) 80 FR 3884
- Part 12 Repeal (effective July 13, 2015) 80 FR 33191
- Part 20 Repeal (effective October 21, 2020) 85 FR 59194
- Part 79 (effective December 16, 2022) EPA Approval of NM Ozone SIP 2022 (87 FR 68632)
- Part 98 Repeal (effective July 20, 2015) 80 FR 34835
- Part 99 (effective July 20, 2015) 80 FR 34835
Other:
- Infrastructure for the 2015 Ozone National Ambient Air Quality Standards and Repeal of State Regulations for Total Suspended Particulate (effective October 18, 2019) 84 FR 49057 2015 O3 TSP Approval
- FR – MSW Landfill 11 Sept 2019
- Infrastructure and Transport for 2008 lead (Pb) NAAQS (effective July 13, 2015) 80 FR 33191
- Infrastructure for the 2008 ozone NAAQS (effective July 24, 2015) 80 FR 36246, to include: Good Neighbor SIP for the 2008 ozone NAAQS (effective June 3, 2020) 85 FR 26361
- Infrastructure for the 2010 NO2 NAAQS (effective July 24, 2015) 80 FR 36246
- Infrastructure for 2010 SO2 NAAQS (effective November 13, 2015) 80 FR 61751
- Infrastructure and transport for 2012 Fine Particulate Matter (PM2.5) NAAQS 83 FR 12493 (NM action begins on 12495)