The New Mexico Environment Department (NMED) announces an opportunity to comment on and/or request a public hearing on a proposed certification that New Mexico has an adequate, federally-approved State Implementation Plan (SIP) that addresses all elements of a Clean Air Act (CAA) Section 110(a)(2) infrastructure plan, as applicable to the 2012 Fine Particulate Matter (PM2.5) revised NAAQS.
The purpose of the proposed certification is to confirm 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 2012 PM2.5 revised NAAQS. Section 110(a)(1) of the CAA requires that each state submit a certification letter or a revised SIP to the EPA Administrator within three (3) years after promulgation of a new or revised NAAQS.
Legislative authority for New Mexico’s air quality program is codified in Chapter 74, Environmental Improvement, of the New Mexico Statutes, which gives the New Mexico Environmental Improvement Board and NMED the authority to implement the CAA in New Mexico, excluding Albuquerque/Bernalillo County which is under the jurisdiction of a local board and agency. The proposed certification was developed by NMED to comply with the requirements contained in Section 110 of the CAA and 40 CFR Part 51, Requirements for Preparation, Adoption, and submittal of Implementation Plans. The proposed certification does not adopt or amend any regulations; therefore, it is not subject to the
mandatory public hearing requirement of NMSA 1978 Section 74-2-6, Adoption Of Regulations; Notice And Hearings. However, a hearing may be requested as described below.
The proposed certification, New Mexico’s Proposed Certification for the 2012 Fine Particulate Matter (PM2.5) National Ambient Air Quality Standard (NAAQS) Revision, is available for a 30-day public comment period. Submission of comments on the proposed certification may be written or oral. All comments must be received by July 29, 2015. All public comments received during the comment period will be evaluated and responded to as appropriate by NMED prior to submission of the proposed certification to EPA. 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, in accordance with
20.1.1 NMAC – Rulemaking Procedures – Environmental Improvement Board, including an additional public comment period. For more information, contact Neal Butt, (505) 476-4317. Upon completion of the 30-day public comment period and the hearing, if requested, all documents included in the New Mexico 2012 Fine Particulate Matter (PM2.5) Certification will be submitted to EPA to be included in the New Mexico SIP.
The proposed certification may be reviewed during regular business hours at the New Mexico Environment Department’s Air Quality Bureau office, 525 Camino de los Marquez, Suite 1, Santa Fe, New Mexico, 87505-1816. A full text of NMEDs proposed certification is also available on NMEDs web site at www.nmenv.state.nm.us , or by contacting Neal Butt at firstname.lastname@example.org or by phone at 505.476.4317.
Written comments and/or a public hearing request regarding the proposed certification should be submitted via e-mail to Neal Butt, email@example.com.