1. SIP Development and Implementation in New Mexico - and Why it Matters to Tribes Rita Bates Planning Section Chief Air Quality Bureau New Mexico Environment Department

2. 2 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

3. 3 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

4. 4 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

5. 5 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

6. 6 Elements of a SIP  Authority and Resources  Air Quality Monitoring  Emission Inventories  Attainment/Maintenance and Progress Demonstrations  Control Strategies  Conformity Provisions

7. 7 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

8. 8 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

9. 9 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

10. 10 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

11. 11 Control Strategies  Rules & Regulations  Mobile Source Controls  Innovative Measures  Contingency measures

12. 12 Rules & Regulations  Permitting Programs (minor source NSR, PSD, Title V)  Industry-Specific Control Rules  Other rules, such as Smoke Management

13. 13 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.

14. 14 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

15. 15 Contingency Measures  Additional control measures to implement if progress milestones are not met

16. 16 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.

17. 17 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

18. 18 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

19. 19 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

20. 20 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

21. The SIP Process – Public Input Opportunity SIP Process and Roles Area designated nonattainment by EPA Learn about the SIP process in your state, gather source data, make initial contact with your state and Regional Office State starts to develop SIP Meet with state SIP development team, join SIP stakeholder group, get on mailing list State drafts SIP and submits to EPA for initial review Work 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

22. 22 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

23. 23 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

24. 24 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

25. 25 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

26. 26 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

27. 27 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

28. 28 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

29. 29 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

30. 30 Summary / Conclusions  SIP process provides a generally effective mechanism for states to implement federal regulations  Becoming increasingly complex – ozone and PM 2.5 formed by precursor emissions that travel significant distances  Increasing need for national coordination and interstate cooperation

31. 31 Contact Information Rita Bates Planning Section Chief Air Quality Bureau New Mexico Environment Department 525 Camino de los Marquez, Suite 1 Santa Fe, NM 87505 (505) 476-4304 rita.bates@state.nm.us http://www.nmenv.state.nm.us/aqb  EPA – general information on air quality http://www.epa.gov/oar/oaqps/cleanair.html