SIP Development and Implementation in New

Mexico- and Why it Matters to Tribes

Rita BatesPlanning Section ChiefAir Quality BureauNew Mexico Environment Department

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Topics for this Session What is a SIP?

Why Tribal and Public Input is Important

The SIP Process and Opportunities for Input

Process and Policy Issues

Summary, Conclusions, Questions

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What a SIP is not…

A SIP is not a rule But it can have rules in it

A SIP is not a permit But it can have permit conditions in it

A SIP is not a contract But it is a promise

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A SIP Is a Story It tells

Where you are

What is good and what is bad

How to make the bad good again

Who will make things good

How they will make things good

Why this is a good thing

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What is in a SIP? State and Local Rules &

Statutes

Site-specific Permits and Administrative Orders

State Programs, MOUs, MOAs, Local Ordinances

Multiple Amendments to all of the above

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Elements of a SIP Authority and Resources

Air Quality Monitoring

Emission Inventories

Attainment/Maintenance and Progress Demonstrations

Control Strategies

Conformity Provisions

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Authority and Resources States must show they have legal

authority and resources required to implement SIP

If state does not have legal authority, federal government becomes responsible for implementation of the state’s SIP

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Air Quality Monitoring Show how and where air quality is being

monitored

Which monitors in the state have violated NAAQS

How long monitors have been in place

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Emission Inventories How much pollution is emitted by what

sources when and where? Base Year

Forecasts

Motor Vehicle Emissions Budgets

Specific inventories for areas that have violated NAAQS

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Attainment/Maintenance and Progress Demonstrations Attainment demonstrations use air quality

simulation modeling and emissions forecasts

Maintenance demonstrations use air quality data and emissions forecasts

Progress demonstrations use emissions forecasts

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Control Strategies Rules & Regulations

Mobile Source Controls

Innovative Measures

Contingency measures

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Rules & Regulations Permitting Programs (minor source NSR,

PSD, Title V)

Industry-Specific Control Rules

Other rules, such as Smoke Management

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Mobile Source Controls EPA sets new vehicle standards nationwide

Except for California

Fuels requirements

Vehicle Inspection/Maintenance Programs

Transportation Control Measures Ridesharing Transit Bicycle facilities, etc.

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Innovative Measures Incentive funding programs pay for

voluntary controls that states are not authorized to require

Energy efficiency measures

Renewable energy (solar, wind, etc.)

Urban tree planting

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Contingency Measures Additional control measures to implement

if progress milestones are not met

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What is conformity and how does it relate to SIPs?

Federally approved or funded projects must “conform” to the requirements of SIPs for NA and maintenance areas

Transportation Conformity EPA, DOT, and regional, state and local agencies integrate

the air quality and transportation planning development process

General Conformity Other federally approved or funded projects such as airport

construction, military base expansions, Corps of Engineers permits, BLM/Forest Service land leasing activities, etc.

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Non-attainment SIP Development Steps Define scope of problem – tell the story

Monitoring Modeling

Identify the contributing sources Emissions inventory Modeling

Develop attainment strategy Modeling, negotiations, modeling, negotiations,

more modeling and negotiations Adopt new rules Modify permits

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Public and Tribal Input:Why should a tribe care about SIPs?

Wide variety in nature and complexity of SIP actions. Can incorporate major policy judgments on part of state agency

Limited opportunity to participate once the state-level process is complete

Helps agency make balanced decisions

Ensures tribe’s voice is heard in decision making

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Why should a tribe care about SIPs? (cont.) Air pollution is a regional problem; air

pollution is transported into and out of Indian communities

To better protect health of citizens

Not to be disadvantaged by area planning efforts

Remain competitive and enhance opportunities for economic growth

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Why should a tribe care about SIPs? (cont.)

SIPs outline how sources located adjacent to Indian country will be regulated

SIPs outline how states plan to address local non-attainment problems

Future SIPs will outline how a state plans to address regional and transported pollution

The SIP Process – Public Input OpportunitySIP Process and Roles

Area designated nonattainment by EPALearn about the SIP process in your state, gather source

data, make initial contact with your state and Regional Office

State starts to develop SIPMeet with state SIP development team, join SIP stakeholder

group, get on mailing list

State drafts SIP and submits to EPA for initial reviewWork with Regional Office to provide input and tribal

perspective

State modifies SIP based on EPA comments

State holds public hearing and comment period

State officially submits SIP to EPA Regional Office

EPA performs completeness review

EPA prepares proposed notice

EPA comment period on proposed rulemaking

EPA publishes final action responding to public comment

SIP is now federally enforceable

Attend and speak at public hearing, submit written comment

Work with Regional Office to review and provide input

Opportunities for Input

Attend and speak at public hearing, submit written comment

Work with EPA and state to ensure controls are in place and working

State Governor submits designation request to EPA

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Public Participation Opportunities

Early participation is encouraged

Participation at plan development stage has greatest positive impact

Limit on changes that can be made after public notice Significant change requires re-notice

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Public Notification Process New rule, plan or permit, or amendment to an

existing part of SIP developed

Public notice in major newspaper for affected area Draft documents available for public comment

for at least 30 days (60 in NM)

Public meeting held, at least 30 days notice (60 in NM) provided to public in advance of meeting

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Public Input Process State considers comments, makes

changes where appropriate

Rulemaking and Permitting have their own notice and comment procedures, including opportunity for public hearing

SIP procedure provides additional notice and comment process, and a public meeting

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Types of SIP Actions Initial SIPs – New Plans

Attainment redesignation

Approve new state rules

Amend emission limit at a particular source

Amend monitoring requirement at a SIP source

Process is the same – difference is in complexity of plan development and supporting documents

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Other Factors Title V Permit Program – more consistent

testing, monitoring, reporting and record keeping

State Permit Program – site specific permits comparable to Title V

NSPS – more stringent limits for new sources

MACT – impact of air toxics regulation

Voluntary Efforts

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Voluntary Efforts Prospect of nonattainment can spur voluntary

reductions Nonattainment is expensive as it restricts

economic growth and flexibility State subject to sanctions if targets not met –

limits on offset allowances or loss of highway funds Impacts of nonattainment designation are

unpredictable – subject to state policy determination on how to resolve

Ozone and PM Advance programs

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Issue: long range transport

As NAAQS become more stringent over time, capacity of state to resolve ambient air quality issues by regulating its own sources is lessened

Increasing need for multi-state cooperative efforts

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Other Process and Policy Issues Significant lag time between changes in

state rules and incorporation of new rule in SIP EPA may take a year or longer to approve a SIP

submittal

Old rules enforceable by EPA and citizens until SIP amended (published approval by EPA) even if it no longer exists in state

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Summary / Conclusions SIP process provides a generally effective

mechanism for states to implement federal regulations

Becoming increasingly complex – ozone and PM2.5 formed by precursor emissions that

travel significant distances

Increasing need for national coordination and interstate cooperation

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Contact InformationRita BatesPlanning Section ChiefAir Quality BureauNew Mexico Environment Department525 Camino de los Marquez, Suite 1Santa Fe, NM 87505(505) 476-4304rita.bates@state.nm.ushttp://www.nmenv.state.nm.us/aqb

EPA – general information on air quality http://www.epa.gov/oar/oaqps/cleanair.html