;d~~t,El!fEG 

Bill Richardson 

Governor 

April 25, 2005 

2605 MAY -~; PN 2: 32 

State of New 1Me~~~~1- 1-~1,t ~~ DIVISION 

Office of the Governor 

_ ` :4 

Mayor Richard Greene 

Regional Administrator 

U.S. Environmental Protection Agency, Region 6 

1445 Ross Avenue 

Dallas, TX 75202-2733 

Dear Mayor Greene: 

U SPEC ASST 

. - f - --- 

On behalf of the New Mexico Environment Department (NMED), I am ptea5ed Yo submit to the Environmental Protection Agency (EPA) the enclosed revisions to the State Implementation Plan. This revision includes an amendment to the New Mexico Air Quality Control Act, adoption of New Mexico Administrative Code (NMAC) regulation 20.2 .66 NMAC - Cotton Gins, and amendments to regulations 20.2 .72 - Construction Permitsj~2:10.2 .73 - Notice of Intent and Emissions Inventory Requirements, nd 20.2 .75 -

Construction Permit Fees . The hearing records for these SIP revisions are attached, which include the filed regulations, transcripts, exhibits, public notices, affidavits of publication, notices of intent to testify, and public comments . 

If there are any questions concerning this SIP submittal, please contact Mary Uhl, Acting Air Quality Bureau Chief, at (505) 955-8086. 

Sincerely, 

4~1 A714~4'4, Bill Richardson 

Governor of New Mexico 

cc: Tom Diggs, EPA Region 6 

David Neleigh, EPA Region 6 

Ron Curry, NMED, Cabinet Secretary 

Mary Uhl, NMED, Air Quality Bureau 

State Capitol - Room 400 " Santa Fe, New Mexico 87501 - SoS-476-z2oo " wwwgovernor.state.nm.us 
F ILEU VVITFi 

S TA - H , `' << _i. 0 "'' ~: S ('r `-

1.24.10 NMAC 

NMAC TRANSMITTAL FORM L iaU3 K1 D`v 2 5 

[Sequence # 

- ~: - 1, . . --. 

I 

., ,QeRFY ;~ -, 

2 ~, " A ncy Code (DFA) 

--- 

[-:-~Environmental Improvement Board 667 

P.O. Box 26110 

1190 St. Francis Drive, Santa Fe, New Mexico 87502 

------ 

Name Tracy Hughes Phone # (505) 827-2750 FAX (505) 827-1628 

E-mail tracy_hughes@nmenv .state .nm.us 

New 0 Amendment 0 Renumber I- -1 Repeal 0 Emergency 

r.iA tl F~f~~ t ~~ I :J 

0 

Title Chapter Pait 

Environmental Protection Air Quality Notice of Intent and Emissions Inventory 

Requirements 

Amended two sections. 

13 ;Nfost i6t+e_nt filing~date (if'c' 

01 / 17 / 02 

-f Agiiend 'mwt`s NtMG Cita 

20.2 .73.7 N MAC 

20.2 .73.300 NMAC 

. ~jN-~,- 

I~fma riars'a,r>e attachEd;as copyri ht pemtission taee~-?ecei! 

No Yes Public domain 

16 ~egal ~tat~~gn(s)that allows the IssuhigAgencyto~~u~ate arui the Lssulng Aathority 

: ''~g,ulationsotl ~ns'subject (provide ail'tFtatapplY) . .,' '~'' 

74-1-8 NMSA 1978; Chapter 74, Article 2 NMSA 1978 

I 

0 

SRC-2000-02 

512612000 
_~^ FILED ~si ~~~

yJ f~ii l.. .~ERECORDS CENTER , 2H3 NOV 25 AM H : 1 9 

This is an amendment to 20.2 .73 NMAC, Sections 7 and 300 effective on 12/31/03 . 

20.2 .73.7 DEFINITIONS: In addition to the terms defined in Part 2 (20.2 .2 NMAC - definitions), as used 

in this part : 

A. "air pollution control equipment" means any device, equipment, process or combination thereof 

the operation of which would limit, capture, reduce, confme, or otherwise control air contaminants or convert for the 

purposes of control any air contaminant to another form, another chemical or another physical state; 

B. "commencement" means that an owner or operator has undertaken a continuous program of 

construction or modification; 

C. "construction" means fabrication, erection, installation or relocation of a stationary source, 

including but not limited to temporary installations and portable stationary sources; 

D "emission report or inventory" means a listing by source of the amount of air pollutants 

discharged into the atmosphere of a community; 

jD]E. "fugitive emissions" are those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally-equivalent opening; 

[F}f. "modification" means any physical change in, or change in the method of operation of, a 

stationary source which results in an increase in the potential emission rate of any regulated air contaminant emitted 

by the source or which results in the emission of any regulated air contaminant not previously emitted, but does not 

include: 

(1) a change in ownership of the source ; 

(2) routine maintenance, repair or replacement; 

(3) installation of air pollution control equipment, and all related process equipment and materials 

necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or 

pursuant to the federal Clean Air Act; or 

(4) unless previously limited by enforceable permit conditions ; 

(a) an increase in the production rate, if such increase does not exceed the operating design 

capacity of the source ; 

(b) an increase in the hours of operation; or 

(c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable 

of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural 

gas curtailment or emergency allocation or any other lack of supply of natural gas; 

IF] G. "nonattainment area" means, for any air pollutant, an area which has been designated as a 

nonattainment area under section 107 of the federal act; 

[G]H. "operator" means the person or persons responsible for the overall operation of a facility; 

[H]I . "owner" means the person or persons who own a facility or part of a facility ; 

[I]J. "part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico 

administrative code, unless otherwise noted; as adopted or amended by the board; 

[J]K. "portable stationary source" means a source which can be relocated to another operating site 

with limitedismantling and reassembly, including for example but not limited to moveable sand and gravel 

processing operations and asphalt plants ; 

[K]L. "potential emission rate" means the emission rate of a source at its maximum capacity to emit a 

regulated air contaminant under its physical and operational design, provided any physical or operational limitation 

on the capacity of the source to emit a regulated air contaminant, including air pollution control equipment and 

restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be 

treated as part of its physical and operational design only if the limitation or the effect it would have on emissions is 

enforceable by the department pursuant to the Air Quality Control Act or the federal act; 

[D]M. "potential to emit" means the maximum capacity of a stationary source to emit any air pollutant 

under its physical and operational design; any physical or operational limitation on the capacity of a source to emit 

an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or 

amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federally 

enforceable; the potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen ; 

[M]N. "regulated air contaminant" means[;] any air contaminant, the emission or ambient 

concentration of which is regulated pursuant to the New Mexico Air Quality Control Act or the federal act; 

[N]O. "shutdown" means the cessation of operation of any air pollution control equipment, process 

equipment or process for any purpose, except routine phasing out of batch process units; 

[9]P. "stationary source" or "source" means any building, structure, equipment, facility, installation 

20.2 .73 NMAC 1 
(including temporary installations), operation or portable stationary source which emits or may emit any air 

contaminant; any research facility may group its sources for the purpose of this part at the discretion of the secretary 

of the department; 

Q. "WEB source" means a stationary source that meets the applicability requirements of 20.2 .81 .101 

NMAC; 

R "western backstop sulfur dioxide trading program" means 20.2 .81 NMAC, triggered as a 

backstop in accordance with the provisions in the sulfur dioxide milestones and backstop trading progra 

implementation plan, if necessary, to ensure that regional sulfur dioxide emissions are reduced. 

20.2 .73.300 EMISSION INVENTORY REQUIREMENTS: 

A. Applicability . The requirements of Section 300 this Part (20 .2 .73 .300 NMAC) apply to the 

owner or operator of any stationary source located outside of Bernalillo County which: 

(1) has been issued a permit under Part 72 (20.2 .72 NMAC - construction permits) during any period 

of time, except for toxic air pollutant permits issued under Part 72 (20.2 .72 NMAC), Sections 401 to 499; 

(2) is required to file a notice of intent under Section 200 of this part (20.2 .73 .200 NMAC); or 

(3) emits in excess of 1 ton of lead or 10 tons of total suspended particulate, PM 10, sulfur dioxide, 

nitrogen oxides, carbon monoxide, or volatile organic compounds in any calendar year including and subsequent to 

1990. 

B. Reporting requirements. 

(1) Any source which emits, or has the potential to emit, 5 tons per year or more of lead or lead 

compounds, or 100 tons per year or more of PM,o, sulfur oxides, nitrogen oxides, carbon monoxide, or volatile 

organic compounds shall submit an emissions report annually. 

(2) Any source defined as a major source of hazardous air pollutants under Part 70 (20.2 .70 NMAC -

operating permits) shall submit an emissions report annually. 

(3) Any source which is located in an ozone nonattainment area and which emits, or has the potential 

to emit, 25 tons per year or more of nitrogen oxides or volatile organic compounds shall submit an emissions report 

annually . 

(4) Any source which is not required by Paragraph (1), (2), or (3) of Subsection B of this section 

(20.2 .73.300 NMAC) to submit an emission report shall submit an emissions report under this part upon request by 

the department, but no more frequently than annually . 

(5) Except as provided in Paragraph (8) of Subsection B of this section (20.2 .73 .300 NMAC), the 

department shall provide to the owner or operator required by this section (20.2 .73 .300 NMAC) to submit an 

emissions report a complete copy of the most current emissions report for their stationary source which is on file 

with the department. The department shall provide this copy to the owner or operator at least 90 days prior to the 

date when the source is required to submit an emissions report . 

(6) The owner or operator shall submit to the department a complete, correct and current emissions 

report in the format specified by the department which reflects emissions during the previous calendar year. 

(7) Except as provided in Paragraph (8) of Subsection B of this section (20.2 .73 .300 NMAC) the 

owner or operator shall submit the emission report by April 1 of each year in which the source is required to submit 

an emission report . 

(8) Sources for which a date for submitting an annual emission report is specified in a current 

operating permit issued under Part 70 (20.2 .70 NMAC - operating permits) shall submit such report on that date . 

The department shall provide a copy of the previous emissions report upon request by the owner or operator of such 

source . 

C. Content of emissions reports. Emissions report contents shall include: 

(1) the name, address, and physical location of the stationary source ; 

(2) the name and telephone number of the person to contact regarding the emissions report ; 

(3) a certification signed by the owner, or operator, or a responsible official as defined in Part 70 

(20.2 .70 NMAC) attesting that the statements and information contained in the emissions report are true and 

accurate to the best knowledge and belief of the certifying official, and including the full name, title, signature, date 

of signature, and telephone number of the certifying official ; for sources subject to Part 70 (20.2 .70 NMAC), the 

certification shall be made as required under that part; 

smelters shall submit an annual report of sulfur input, in tons/year; 

[(4)](5) for each emission point, as required by the department: 

(a) stack and exhaust gas parameters ; 

(b) type of control equipment and estimated control efficiency; 

20.2 .73 NMAC 2 
(c) schedule of operation; 

(d) estimated actual emissions, including fugitive emissions and emissions occurring during 

maintenance, start-ups, shutdowns, upsets, and downtime of total suspended particulate, PMIo, sulfur oxides, 

nitrogen oxides, carbon monoxide, volatile organic compounds, and lead in tons per year and a description of the 

methods utilized to make such estimates, including calculations ; 

(e) the annual process or fuel combustion rates; and 

(f) the fuel heat, sulfur, and ash content; and 

[(-5)](6) all information required under the federal act. 

D. Additional content for emissions reports from sources in ozone nonattainment areas. 

Emissions reports from sources located in ozone nonattainment areas shall include, in addition to the contents 

specified by Subsection C of this section (20.2 .73.300 NMAC), the following information: 

(1) typical daily process rate during the peak ozone season, where the peak ozone season is specified 

by the department; and 

(2) estimated actual emissions of nitrogen oxides and volatile organic compounds, which shall be 

reported : 

(a) for each emissions point; and 

(b) for each process and fuel type contributing to emissions from each point; and 

(c) in units of tons per year for annual emissions; and 

(d) in units of pounds per day for a typical day during the peak ozone season. 

E. Waiver of reporting requirements for insignificant emissions. The department may waive the 

requirements of Paragraph (4) of Subsection C of this section (20.2 .73.300 NMAC) for emissions which the 

department determines to be insignificant under Part 70 (20.2 .70 NMAC), except that: 

(1) for sources in nonattainment areas, reporting of emissions of pollutants for which the area is 

nonattainment shall not be waived; 

(2) reporting of emissions for which reporting is required under the federal act shall not be waived. 

F. Emission tracking requirements for sulfur dioxide emission inventories. All stationary sources 

with actual emissions of one hundred (100) tons per year or more of sulfur dioxide in the year 2000, or in any 

subsequent year, shall submit an annual inventory of sulfur dioxide emissions beginning with the 2003 emission 

inventory A source that meets these criteria that then emits less than 100 tons per year in a later year shall submit a 

sulfur dioxide inventory for tracking compliance with the regional sulfur dioxide milestones until the western 

backs= sulfur dioxide trading program has been fully implemented and emission tracking has occurred under 

20.2 .81 .106 NMAC. 

) All WEB sources will be subject to the following federally enforceable provisions : 

(a_) submit an annual inventory of sulfur dioxide emissions; 

(b) document the emissions monitoring/estimation methodology used, and demonstrate that 

the selected methodology is acceptable under the inventory program; 

(c) include emissions from start up shut down, and upset conditions in the annual total 

inventory: 

(d) use 40 CFR Part 75 methodology for reporting emissions for all sources subject to the 

federal acid rain prop -ram; 

(e)__ maintain all records used in the calculation of the emissions, including but not limited to 

the following: 

ii 

iii 

iv 

vi 

amount of fuel consumed, 

percent sulfur content of fuel and how the content was determined, 

quantity of product monitoring data, 

emissions monitoring data, 

oyerating data, and 

how the emissions are calculated; 

maintain records of any physical changes to facility operations or equipment, or any other 

changes that may affect the emissions projections ; and 

(,g) retain records for a minimum of ten years from the date of establishment, or if the record 

was the basis for an adjustment to the milestone 5 years after the date of an implementation plan revision, 

whichever is longer. 

(2) The state shall retain emission inventory records for non-utilities for 1996 and 1998 until the year 

2018 to ensure that changes in emissions monitoring techniques can be tracked. 

20.2 .73 NMAC 3 
FILE0 YVITf-i 

STATE RECORDS CE ;tiTEF 

NMAC TRANSMITTAL FORM 

1.24 .10 NMAC [Sequence # 

Environmental Improvement Board 

c;.~ h''~Y;r.*r; ;~a 

~~~?~~~:~'~!~2~5;~ 

Repeal 

AM" 

Name Tracy Hughes phone # (505) 827-2750 1 FAX 1 (505) 827-1628 

E-mail tracy_hughes@nmenv .state .nm.us 

New Amendment 5-1 Renumber 

10/05/04 

20h N0Y ~ (7 laPl 9 :02 

Emergency 

12/31/04 

Expand emissions inventory requirements to include PM2.5 and ammonia, 

allow the department to require speciation of hazardous air pollutants, and 

correct a typographical error . 

20.2 .73.300 NMAC 

No 

11 

Yes Public domain 0 

741-8 NMSA 1978; Chapter 74, Article 2 NMSA 1978 

SRC-2000-02 

Crrarxvn 
FILED WITH 

STATE RECOIRDS C?=.`r!TER 

2GA NOV 17 AH 9 : 0 2 

This is an amendment to 20.2 .73 NMAC, Section 300, effective December 31, 2004. 

20.2 .73.300 EMISSION INVENTORY REQUIREMENTS: 

A. Applicability. The requirements of 20.2 .73 .300 NMAC apply to the owner or operator of any 

stationary source located outside of Bernalillo county which: 

(1) has been issued a permit under 20.2.72 NMAC (Construction Permits) during any period of time, 

except for toxic air pollutant permits issued under Sections 401 to 499 of 20.2 .72 NMAC; 

(2) is required to file a notice of intent under 20.2 .73.200 NMAC; or 

(3) emits in excess of 1 ton of lead or 10 tons of total suspended particulate, PM 10, PM2.5 , sulfur 

dioxide, nitrogen oxides, carbon monoxide, or volatile organic compounds in any calendar year including and 

subsequent to 1990. 

B. Reporting requirements. 

(1) Any source which emits, or has the potential to emit, 5 tons per year or more of lead or lead 

compounds, or 100 tons per year or more of PM 10, PM2.5 , sulfur oxides, nitrogen oxides, carbon monoxide, or 

volatile organic compounds shall submit an emissions report annually . 

(2) Any source defined as a major source of hazardous air pollutants under 20.2 .70 NMAC 

(Operating Permits) shall submit an emissions report annually. 

(3) Any source which is located in an ozone nonattainment area and which emits, or has the potential 

to emit, 25 tons per year or more of nitrogen oxides or volatile organic compounds shall submit an emissions report 

annually . 

(4) Any source which is not required by Paragraph (1), (2), or (3) of Subsection B of this section 

(20 .2 .73.300 NMAC) to submit an emission report shall submit an emissions report under this part upon request by 

the department, but no more frequently than annually. 

(5) Except as provided in Paragraph (8) of Subsection B of this section (20.2.73.300 NMAC), the 

department shall provide to the owner or operator required by this section (20.2 .73.300 NMAC) to submit an 

emissions report a complete copy of the most current emissions report for their stationary source which is on file 

with the department . The department shall provide this copy to the owner or operator at least 90 days prior to the 

date when the source is required to submit an emissions report . 

(6) The owner or operator shall submit to the department a complete, correct and current emissions 

report in the format specified by the department which reflects emissions during the previous calendar year . 

(7) Except as provided in Paragraph (8) of Subsection B of this section (20.2 .73 .300 NMAC) the 

owner or operator shall submit the emission report by April 1 of each year in which the source is required to submit 

an emission report . 

(8) Sources for which a date for submitting an annual emission report is specified in a current 

operating permit issued under 20.2 .70 NMAC (Operating Permits) shall submit such report on that date. The 

department shall provide a copy of the previous emissions report upon request by the owner or operator of such 

source . 

C. Content of emissions reports. Emissions report contents shall include: 

(1) the name, address, and physical location of the stationary source ; 

(2) the name and telephone number of the person to contact regarding the emissions report ; 

(3) a certification signed by the owner, or operator, or a responsible official as defined in 20.2 .70 

NMAC attesting that the statements and information contained in the emissions report are true and accurate to the 

best knowledge and belief of the certifying official, and including the full name, title, signature, date of signature, 

and telephone number of the certifying official ; for sources subject to 20.2 .70 NMAC the certification shall be 

made as required under that part ; 

(4) smelters shall submit an annual report of sulfur input, in tons/year; 

(5) for each emission point, as required by the department: 

(a) stack and exhaust gas parameters and location information; 

(b) type of control equipment and estimated control efficiency ; 

(c) schedule of operation; 

(d) estimated actual emissions, including fugitive emissions and emissions occurring during 

maintenance, start-ups, shutdowns, upsets, and downtime of total suspended particulate, PM 10, PM2.5, ammonia, 

sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead, and, if requested by the 

department, sneciated hazardous air pollutants , in tons per year and a description of the methods utilized to make 

such estimates, including calculations ; 

(e) the annual process or fuel combustion rates; and 

20 .2 .73 NMAC 1 
(f) the fuel heat, sulfur, and ash content; and 

(6) all information required under the federal act. 

D. Additional content for emissions reports from sources in ozone nonattainment areas. 

Emissions reports from sources located in ozone nonattainment areas shall include, in addition to the contents 

specified by Subsection C of this section (20.2 .73.300 NMAC), the following information: 

(1) typical daily process rate during the peak ozone season, where the peak ozone season is specified 

by the department; and 

(2) estimated actual emissions of nitrogen oxides and volatile organic compounds, which shall be 

reported: 

(a) for each emissions point; 

(b) for each process and fuel type contributing to emissions from each point; 

(c) in units of tons per year for annual emissions; and 

(d) in units of pounds per day for a typical day during the peak ozone season . 

E. Waiver of reporting requirements for insignificant emissions. The department may waive the 

requirements of Paragraph [(4)] (5) of Subsection C of this section (20.2 .73.300 NMAC) for emissions which the 

department determines to be insignificant under 20.2 .70 NMAC, except that : 

(1) for sources in nonattainment areas, reporting of emissions of pollutants for which the area is 

nonattainment shall not be waived ; and 

(2) reporting of emissions for which reporting is required under the federal act shall not be waived . 

F. Emission tracking requirements for sulfur dioxide emission inventories. All stationary sources 

with actual emissions of one hundred (100) tons per year or more of sulfur dioxide in the year 2000, or in any 

subsequent year, shall submit an annual inventory of sulfur dioxide emissions, beginning with the 2003 emission 

inventory. A source that meets these criteria that then emits less than 100 tons per year in a later year shall submit a 

sulfur dioxide inventory for tracking compliance with the regional sulfur dioxide milestones until the western 

backstop sulfur dioxide trading program has been fully implemented and emission tracking has occurred under 

20.2 .81 .106 NMAC. 

(1) All WEB sources will be subject to the following federally enforceable provisions : 

(a) submit an annual inventory of sulfur dioxide emissions; 

(b) document the emissions monitoring/estimation methodology used, and demonstrate that the 

selected methodology is acceptable under the inventory program; 

(c) include emissions from start up, shut down, and upset conditions in the annual total 

inventory; 

(d) use 40 CFR Part 75 methodology for reporting emissions for all sources subject to the 

federal acid rain program; 

(e) maintain all records used in the calculation of the emissions, including but not limited to the 

following: 

(i) amount of fuel consumed; 

(ii) percent sulfur content of fuel and how the content was determined; 

(iii) quantity of product monitoring data ; 

(iv) emissions monitoring data ; 

(v) operating data ; and 

(vi) how the emissions are calculated ; 

(f) maintain records of any physical changes to facility operations or equipment, or any other 

changes that may affect the emissions projections; and 

(g) retain records for a minimum of ten years from the date of establishment, or if the record 

was the basis for an adjustment to the milestone, five years after the date of an implementation plan revision, 

whichever is longer. 

(2) The state shall retain emission inventory records for non-utilities for 1996 and 1998 until the year 

2018 to ensure that changes in emissions monitoring techniques can be tracked. 

20 .2 .73 NMAC 2 
Hearing Number 

State of New Me.xico 

ENVIRONMENT DEPARTMENT I o osa 

Office of the Secretary 

Harold Runnels Building 

1190 St Francis Drive, P.O. Box 26110 

Santa Fe, New Mexico 87502-6110 

Telephone (505) 827-2855 

BILL RIcHaRDS°N Fax (505) 827-2836 RON CURRY 

GOVERNOR SECRETARY 

DERRITH WATCHMAN MOORE 

DEPUTYSECRETARY 

July 6, 2004 

Ms. Gay Dillingham, Chair 

Environmental Improvement Board 

1190 St. Francis Drive 

Santa Fe, New Mexico 87502 

Re: Request for Public Hearing to Consider Proposed State Implementation Plan Revision=, 

Dear Ms. Dillingham: 

The New Mexico Environment Department is requesting a hearing for consideration of 

revision to 20.2 .73 NMAC - Notice of Intent and Emissions Inventory Requirements, which is 

a part of the air quality State Implementation Plan. The Department requests that this hearing 

be scheduled for the October meeting of the Board. We are anticipating that this hearing will 

last approximately 2 hours. A copy of the proposed regulatory revisions is attached to this 

letter. 

The proposed revisions to Part 2.73 will allow the Department to meet U.S . Environmental 

Protection Agency (EPA) emissions inventory requirements under the Consolidated Emissions 

Reporting Rule and the National Emissions Inventory Input Format. In addition, the revisions 

will allow the Department to collect more specific data regarding Hazardous Air Pollutants. 

Specifically, the Department is requesting the following revisions to Part 2 .73 : 

" Include PM2.5 (particulate matter less than or equal to 2.5 microns) in Sections 

300.A(3) 300.B(1) and 300 .C(5)(d) . A National Ambient Air Quality Standard 

(NAAQS) for PM2.5 has been promulgated since the time that Part 2.73 w _ . ._ ted. 

State emissions inventories are required to include all NAAQS pollutant 

" In Section 300.C(5)(a), require location information for emissi 

technology for measuring point locations has become more refined, 

for reporting the location of emissions points have increased. 

additional location information in modeling exercises. 

" Include ammonia in Sections 300.B(1) and 300.C(5)(d). EPA now r 

ammonia emissions because this pollutant is a precursor to PM2.5 . 
Ms. Gay Dillingh 

July 6, 2004 

Page 2 

Allow the Department to require information regarding emissions of individual 

(speciated) Hazardous Air Pollutants (HAP). Major sources (which emit more than 10 

tons per year of any single HAP or 25 tons per year of total HAPs) currently report total 

HAP emissions rather than the emissions of specific HAPs. By allowing the 

Department the flexibility to require speciated reporting of HAPs, we will be able to 

gather and analyze information regarding the impacts from specific HAP emissions to 

better determine health risks throughout the state. In addition, the Department will be 

able to verify that HAP-specific emissions limitations are met. 

Thank you for your consideration of this request. 

Enclosure 

cc: Clifford Stroud, Vice Chair, EIB 

Gregory Green, Secretary, EIB 

Gwen Wardwell, Member, EIB 

Harold Tso, Member, EIB 

Dolores Herrera, Member, EIB 

Ken Marsh, Member, EIB 

Mary Smith, Attorney, EIB 

Sandra Ely, Bureau Chief, Air Quality Bureau 
STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

PETITION FOR HEARING ON PROPOSED 

AMENDMENTS TO 20.2.73 NMAC NOTICE 

OF INTENT AND EMISSIONS INVENTORY 

REQUIREMENTS 

EIB 04-05 

NEW MEXICO ENVIRONMENT DEPARTMENT'S 

NOTICE OF INTENT TO PRESENT TECHNICAL TESTIMONY 

The New Mexico Environment Department (NMED) submits this Notice of Intent to 

Present Technical Testimony in support of the above-referenced petition at the public hearing on 

October 5, 2004 . 

l . The person for whom the witnesses will testify. 

The NMED. 

2 . The name and qualifications of each technical witness. 

Heather Lancour. Ms . Lancour is an Emissions Inventory Specialist for the 

Atmospheric Dispersion Modeling Section of the Air Quality Bureau. She has worked for the Air 

Quality Bureau since 1997. Ms. Lancour holds a B.S. degree in Environmental Science and 

Management, Environmental Geology Concentration from New Mexico Highlands University . 

Lany Weaver. Ms. Weaver is an Environmental Analyst in the Control Strategies Section 

of the Air Quality Bureau. She has worked in the Air Quality Bureau since 1990. Ms. Weaver 

holds a B.S . degree in Mechanical Engineering from the University of California at Davis. 

M Uhl : Ms. Uhl is the Manager of the Planning and Policy Section and has been with 

the Air Quality Bureau since 1992, starting as an Environmental Engineering Specialist doing 

NOTICE OF INTENT - PAGE 1 
computer-based air dispersion modeling in support of permit issuance, regulation development 

and enforcement actions. In 1994, she was promoted to be the manager of the modeling section, 

and held that position until she was promoted to be manager of the Planning and Policy Section 

in 2001 . During her tenure with the Bureau, Ms. Uhl has completed over 500 dispersion 

modeling analyses for air pollution facilities in the state, developed a comprehensive New 

Mexico Air Dispersion Modeling Guideline, performed modeling for streamline and general 

permit development and other regulations, testified as an expert witness in the area of air 

dispersion modeling in several court cases and many public hearings, and published and 

presented a peer-reviewed technical article discussing the conversion of oxides of nitrogen to 

nitrogen dioxide at the Annual Air and Waste Management Association meetings . Mary is a cochair of the WRAP modeling forum and the WESTAR Technical Committee. She is the project 

manager for the Farmington Ozone Study and the Corrales Air Toxics Study. Ms. Uhl received 

her B.S . with a math and chemistry major from Purdue University in 1987. In 1989, Ms. Uhl 

completed her M.S. degree in Atmospheric Sciences at Purdue University. 

3 . Whether the NMED supports or opposes the proposed revisions. 

The NMED supports the proposed regulations and revisions. 

4. SummM of testimony. 

The testimony of Heather Lancour is attached as Exhibit 3 . NMED estimates that Ms. 

Lancour's testimony will take approximately 30 minutes. Ms. Weaver and Ms. Uhl will not 

present direct testimony, but will be available to answer questions regarding the proposed 

regulations. 

NOTICE OF INTENT - PAGE 2 
5. A list and description of anticipated exhibits. 

EXHIBIT NUMBER TITLE OF EXHIBIT 

NMED Exhibit 1 Proposed 20.2 .73 NMAC (July 6, 2004) 

NMED Exhibit 2 Revised Proposed 20.2 .73 NMAC 

NMED Exhibit 3 Direct Testimony of Heather Lancour 

NMED Exhibit 4 The U.S . Environmental Protection Agency 

Regulations on Consolidated Emissions Reporting 

Requirements (40 CFR Part 51) 

NMED Exhibit 5 The U.S. Environmental Protection Agency 

National Emissions Inventory Input Format - Point 

Sources, Revised November 2003 

6. Reservation of Rights. 

This Notice of Intent to Present Technical Testimony is based on the NMED's petition. 

The NMED reserves the right to call any person to testify and to present any exhibit in response 

to another notice of intent or public comment filed in this matter or to any testimony or exhibit 

offered at the public hearing. The NMED also reserves the right to call any person as a rebuttal 

witness and to present any exhibit in support thereof. 

Respectfully submitted, 

NEW MEXICO ENVIRONMENT DEPARTMENT 

-- 

Ashley C. Schannauer 

Tracy Hughes 

Office of General Counsel 

New Mexico Environment Department 

1190 St. Francis Drive 

Santa Fe, New Mexico 87502-6110 

Telephone (505) 827-6891 

Facsimile (505) 827-1628 

NOTICE OF INTENT - PAGE 3 
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ORIGINAL 

STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

No . EIB 04-05 

IN THE MATTER OF 

PROPOSED AMENDMENTS TO 20 .2 .73 

NMAC - NOTICE OF INTENT AND 

EMISSIONS INVENTORY REQUIREMENTS 

TRANSCRIPT OF PROCEEDINGS 

BE IT REMEMBERED that on the 5th day of 

October, 2004, the above-entitled matter came on for 

hearing before the New Mexico Environmental Improvement 

Board, taken at the Dona Ana County Health Services 

Center, Room 1101, 1170 N . Solano, Las Cruces, New 

Mexico, at the hour of 4 :17 p .m . 

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A P P E A R A N C E S 

For the Environmental Improvement Board : 

GAY DILLINGHAM, Chair 

CLIFFORD STROUD, Vice Chair 

GREGORY GREEN, Secretary 

GWEN WARDWELL 

HAROLD TSO 

DOLORES HERRERA 

MARY H . SMITH 

Assistant Attorney General 

Office of the Attorney General 

111 Lomas Boulevard, Northwest 

Suite 300 

Albuquerque, New Mexico 87102 

For the New Mexico Environment Department : 

ASHLEY C . SCHANNAUER 

Assistant General Counsel 

Office of General Counsel 

New Mexico Environment Department 

1190 St . Francis Drive 

Room N-4084 

Santa Fe, New Mexico 87505 

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I N D E X 

PAGE 

WITNESSES : 

HEATHER LANCOUR 

Direct Examination by Mr . Schannauer 8 

HEATHER LANCOUR and MARY UHL 

Cross Examination by the Board 16 

E X H I B I T S 

MARKED/ADMITTED 

NME D : 

1 . Proposed 20 .2 .73 NMAC, July 6, 2004, 

Draft 

2 . Revised proposed 20 .2 .73 NMAC, 

September 16, 2004, Draft 

3 . Direct Testimony of Heather Lancour 

on Behalf of the New Mexico 

Environment Department 

4 . Federal Register, Vol . 67, No . 111 

5 . NEI Input Format - Point Sources 

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MS . WARDWELL : This is a hearing in EIB Number 

04-05 to consider amendments to 20 .2 .73 NMAC, Notice of 

Intent and Emissions Inventory Requirements . 

Today is October 5th, 2004, and we are meeting 

in Room 1101 of the Dona Ana County Health Services 

Center in Las Cruces . 

I am Gwen Wardwell, an Environmental 

Improvement Board member who has been designated as 

Hearing Officer in this matter . 

The petitioner in this matter is the New 

Mexico Environment Department . 

The Environmental Improvement Board is 

mandated by Section 74-1-8 .A .(4) of the Environmental 

Improvement Act to adopt rules regarding -- again, I 

believe it's air quality management . 

Is there some way I can avoid reading the 

whole rest of it? 

MS . SMITH : No . 

MS . WARDWELL : Okay . 

This hearing will be conducted in accordance 

with the Board's rule-making procedures and in a fair 

and impartial manner so as to assure that the relevant 

facts are fully elicited and to provide a reasonable 

opportunity for all persons to be heard without making 

the hearing unreasonably lengthy or cumbersome or 

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burdening the record with unnecessary repetition . 

The Rules of Civil Procedure and Evidence 

shall not apply to this hearing . As Hearing Officer, I 

will make such orders as may be necessary to preserve 

decorum and to protect the orderly hearing process . To 

that end, I ask that all persons at this hearing please 

turn off all cell phones, pagers and beepers . 

The hearing shall proceed as follows : 

All testimony will be taken under oath . 

As Hearing Officer, I will admit any relevant 

evidence unless I determine that the evidence is 

incompetent or unduly repetitious . 

Any person offering an exhibit shall provide 

an original to the Board administrator and a copy to 

each of the Board members and to its legal counsel, and 

shall also provide additional copies for persons 

attending the hearing . If visual aids are used, legible 

copies must be submitted for the inclusion in the 

record . 

Any person who wishes to make a brief opening 

statement before presentation of his testimony may do 

so . 

The petitioner will present direct testimony 

on the proposed rule amendments . 

Other persons who have filed a timely notice 

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of intent to present technical testimony will present 

direct testimony in the order I establish . 

If any other persons, including members of the 

public, wish to present testimony, those persons, in the 

order shown on the sign-up sheet, will present direct 

testimony on the proposed rules amendments . 

If you wish to testify and have not yet signed 

in, please do so now . 

Any person who testifies is subject to 

cross-examination on the subject matter of his testimony 

and matters affecting his credibility . The parties 

shall have the option of presenting the witnesses as a 

panel for the purposes of cross-examination . 

Cross-examination by the Board members and the 

Hearing Officer will be conducted at the conclusion of 

each presentation, followed by cross-examination by any 

other party . 

Any person attending the hearing is entitled 

to conduct whatever cross-examination is required for a 

full and true disclosure of matters at issue in the 

hearing . As Hearing Officer, I may limit 

cross-examination to avoid harassment, intimidation, 

needless expenditure of time or undue repetition . 

At the parties' discretion and if time 

permits, rebuttal testimony may be given at the 

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conclusion of the public testimony in the same order as 

direct testimony . 

Any person who wishes to make a brief closing 

argument may do so at the conclusion of the hearing in 

the same order as the direct testimony . 

We will now proceed . 

Will all persons who wish to testify at this 

hearing on behalf of the petitioner, New Mexico 

Environment Department, please stand so that the court 

reporter may administer the oath? 

(HEATHER LANCOUR and MARY UHL were duly sworn 

or affirmed .) 

MS . WARDWELL : Does the petitioner wish to 

make a brief opening statement? 

MR . SCHANNAUER : Yes, very briefly . 

The Department filed a notice of intent to 

present technical testimony . We are presenting two 

witnesses today . The primary witness will be Heather 

Lancour, to my immediate right, and Mary Uhl will be 

available to answer questions if there are any . 

We prepared five exhibits which were all 

submitted with our notice of intent, and I'm assuming 

you all have copies of those . 

There's a proposed regulation, a revised 

proposed regulation with one very minor change to 

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correct a typographical error . 

There's the written testimony of Ms . Lancour . 

There is a copy of the federal regulation that 

these changes that we're proposing are in response to . 

And there is another document which is a 

format, essentially, for the reporting of information 

under this emissions inventory, which Heather will 

explain . 

With that as background, I'll just begin with 

the testimony of Ms . Lancour . 

HEATHER LANCOUR 

having been previously duly sworn or affirmed, was 

examined and testified as follows : 

DIRECT EXAMINATION 

BY MR . SCHANNAUER : 

Q . Ms . Lancour, could you please state your name 

for the record? 

A . Heather Lancour . 

Q . And by whom are you employed? 

A. By the New Mexico Environment Department Air 

Quality Bureau . 

Q . And what's your position with the Air Quality 

Bureau? 

A . I am an emissions inventory specialist . 

Q . What are your responsibilities in that 

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position? 

A. I compile annual emissions inventory 

information that's required by both state and federal 

regulations . 

Q . And how long have you been in that position? 

A . Since September, 2003, however, I've been 

working with emissions inventory issues since 2001 . 

Q . And what is your educational background? 

A . I have a bachelor's of science in 

environmental science and management with an 

environmental geology concentration . 

Q . And what will you be testifying to today? 

A . The Department requests -- proposes amendments 

to 20 .2 .73 NMAC, that's the Notice of Intent and 

Emissions Inventory Requirements . The proposed 

amendments will allow the Department to meet new US 

Environmental Protection Agency emissions inventory 

requirements, collect more specific data requiring 

hazardous air pollutants and to correct a typographical 

error . 

Q . Have you prepared written testimony? 

A . Yes, I have . 

Q . Is that what's being submitted as Exhibit 

Number 3? 

A . Correct . 

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Q . Can you explain what an emissions inventory 

is? 

A . Sure . Annually -- annually, the Bureau 

collects information from facilities concerning their 

operational rates, information about where the facility 

is located, who the contact person is, what types of 

equipment they have there, information about the 

equipment, such as its stack parameters and its 

location, information about what it -- the emissions 

that it actually emitted over that previous year, as 

well as information about control devices, to name a 

few . 

Q . Are there federal requirements for emissions 

inventories? 

A . Yes, there are . There's the Consolidated 

Emissions Reporting Rule, which was finalized in 2003 . 

It specifies each piece of data that must be submitted 

from -- from a state to the USEPA in its annual report . 

There's also the National Emissions Inventory 

Input Format, which is an electronic format that 

specifies the order of which the data must be reported, 

what type of data, if there's specific codes that must 

be included, both of which we're required to meet with 

our submittals . 

Q . And the format that you just mentioned is 

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Exhibit 5? 

A. Yes . 

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to that is Exhibit 4? 

A . Yes . 

Q . Does the emissions inventory have a purpose? 

What's the result of it? 

A . Sure . The data that's collected and generated 

from an emissions inventory is used in modeling 

exercises . It's used in tracking trends to measure 

emissions reductions . It's used in regional planning 

such as for the regional haze rule and for nonattainment 

areas . 

Q . And what is the Air Quality Bureau proposing 

here? 

A . We're proposing to make five revisions to Part 

73 . 

The first is to include the reporting of 

emissions of particulate matter with an aerodynamic --

excuse me -- aerodynamic diameter equal to or less than 

2 .5 micrometers . 

We would like to add the requirement of 

location information for emissions points, include the 

recording of ammonia emissions, authorize the Department 

to require information regarding emissions of 

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individual, or speciated, hazardous air pollutants, and 

to correct a typographical error . 

Q . What is the reason that you're proposing the 

inclusion of reporting for PM 2 .5? 

A . The EPA amended its reporting requirements for 

states under the Consolidated Emissions Reporting Rule 

in 2003 . The amendments added PM2 .5 to the list of 

emissions that states must report to the EPA . 

EPA added PM 2 .5 to its list of required 

pollutants because it recently established a national 

ambient air quality standard for PM 2 .5* In addition, 

PM 2 .5 is a major contributor to visibility impairment . 

Q . Why does the Air Quality Bureau propose to 

require the location information for emissions points? 

A . As GPS technology -- that's global positioning 

systems technology -- has increased, and as we are 

better able to model the emissions that are emitted from 

facilities, EPA's requirements concerning the locations 

of these emissions units have increased . And, 

therefore, we need to incorporate those into our -- into 

Part 73 . 

Q . Why does the Air Quality Bureau propose to 

include the reporting of ammonia? 

A . Again, the EPA amended the CERR in 2003, and 

this amendment added ammonia to the list of required 

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emissions that must be submitted by states annually to 

the EPA . 

Additionally, ammonia is a precursor to PM 2 .5 . 

Q . Why is the Air Quality Bureau proposing to 

require information about speciated hazardous air 

pollutants? 

A. The Air Quality Bureau seeks the ability to 

require information regarding emissions of hazardous air 

pollutants individually, or speciated, because currently 

major sources -- those are sources that emit 10 tons per 

year of any single hazardous air pollutant, or a 

combination of hazardous air pollutants equal to 25 tons 

per year -- those major sources currently just report a 

total hazardous air pollutant . They don't speciate, or 

give an individual number for each HAP . 

What we're requesting is that instead of just 

getting the total hazardous air pollutant emissions, we 

actually get the individual emissions . This will allow 

the Air Quality Bureau the flexibility to not only 

require the speciated HAPs, but to be able to analyze 

for specific HAPs emissions and to predict specific HAP 

concentrations to then determine health risks throughout 

the state . 

In addition, the Bureau will be able to verify 

the HAP-specific emissions limitations are met . 

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Q . And the changes that you're recommending are 

all outlined in our Exhibit Number 2, correct? 

A . Correct . 

Q . There's one more change that you're 

recommending, which is the correction of a typographical 

error . 

A . That's correct . 

Q . Could you explain to the Board where that 

correction needs to be made? 

A . Sure . 

Q . I'm looking at Exhibit Number 2 . 

A . Sure . It is -- yeah . It is 2 .73, Section 

300 -- excuse me . It's on page 5 of that exhibit . And 

I think it might be easier just to explain what 

happened . 

We're requesting this correction because when 

the -- when the EIB added a requirement for smelters to 

report sulfur content, under 300C .(4), and then 

renumbered what had been C .(4)4 to C .(5)5, the result of 

the change was that the reference in Section 300E to 

300C .(4) became incorrect . 

As a result, we would like to correct that so 

that Section 300E should refer to the correct Section 

300C .(5) . 

And that's marked with an underline and 

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strike-out on page 4 -- 5 . 

MS . DILLINGHAM : Page 5 . 

MS . LANCOUR : Excuse me . Page 5 . 

Q . (BY MR . SCHANNAUER) Are the emissions 

inventory regulations a part of the New Mexico State 

Implementation Plan? 

A . Yes . 

Q . And are you recommending that the Board 

approve the revision to the State Implementation Plan 

which includes these changes that you're proposing 

today? 

A . Yes . 

Q . Are there any final thoughts or 

recommendations that you have? 

A . Just that the Bureau respectfully requests 

that the EIB adopt the proposed revisions to 20 .2 .73 

NMAC, Notice of Intent and Emissions Inventory 

Requirements . 

Q . Thank you . 

With that, the witnesses are available for 

questions . 

MS . WARDWELL : Board? Cross-examination? 

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HEATHER LANCOUR and MARY UHL 

having been previously duly sworn or affirmed, were 

examined and testified as follows : 

CROSS EXAMINATION 

BY THE BOARD : 

MR . TSO : Madam Hearing Officer, members of 

the Board, regarding on page 2 of your direct testimony, 

page 2 under Proposal Overview, item III, going down to 

item 4) of that section, it says, "Authorize the 

Department to require information regarding emissions of 

individual (speciated) Hazardous Air Pollutants ." 

How is mercury going to be included in this? 

MS . LANCOUR : Mercury is a -- is a hazardous 

air pollutant, so it will be included . 

MR . TSO : Okay . That's all the questions I 

have . 

MS . WARDWELL : Anybody else? 

MR . STROUD : No, Madam Chair . 

MS . WARDWELL : I have one question . 

In 300B -- I think it's 300 -- B .(1), I don't 

see ammonia in there . It has the PM 2 .5 -- maybe I'm -- 

do I have the right place? 

MS . LANCOUR : Good catch . Right . We wanted 

to add in -- include ammonia . 

MS . WARDWELL " Yeah, because it's included in 

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the other section, but not there . 

MS . HERRERA : We'll give you a raise, Gwen . 

MS . WARDWELL : Yeah, right . From zero to one . 

Okay . 

Does anybody else want to ask questions while 

they're dealing with that? 

MR . STROUD : It would be hard to follow that 

question . 

MS . HERRERA : No . Just to compliment you . 

MR . GREEN : Really . 

MS . WARDWELL : I used to be an editor . 

MS . WEAVER : Am I still under oath? 

MS . WARDWELL : No . 

Yes, you are . I'm sorry . Take --

MR . GREEN : Not for this hearing . 

(Discussion off the record .) 

MS . LANCOUR : I'd like to correct myself, 

actually . 300B .(1) actually states who is required to 

report, and it's my understanding that a facility that 

has the potential to emit 100 tons per year or more of 

ammonia would have already triggered the reporting 

requirements under another pollutant . 

MS . WARDWELL : So we don't need it there . 

MS . LANCOUR : So we do not need it there . 

Thank you . 

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MS . WARDWELL : Okay . 

Okay . Nobody else has questions? 

MR . TSO : Madam Chair, Hearing Officer . 

MS . WARDWELL : Yes . 

MR . TSO : I have one more question . 

MS . WARDWELL : Oh, I'm sorry . 

MR . TSO : In your -- referring again to your 

testimony, on page 2, down at the bottom, you state 

something here that puzzles me . You say, "Ammonia is a 

precursor to PM 2 .5 . " 

I thought PM was particulate matter, and how 

does this translate? 

MS . LANCOUR : It is, actually . PM 2 .5 does --

does refer to particulate matter 2 .5 micrometers in 

diameter or less . Ammonia is a precursor to PM 2 .5 

because it's a visibility impairment pollutant . 

Can you explain? 

MS . UHL : I think actually ammonia emitted 

into the atmosphere can form through a chemical reaction 

to create small particulate matter, and that's what's at 

issue here . 

Is that -- 

MR . TSO : Okay . That's not a chemical 

transformation . 

MS . UHL : It actually can become a very small 

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diameter particulate matter in the atmosphere in 

combining with other things that are already in the 

atmosphere, so -- 

MR . TSO : Okay . Thank you . 

MS . WARDWELL : Well, let's see . We don't 

have -- do we have anybody else -- we have -- this is 

the Board . Do we have anybody else in the room who 

signed up to provide nontechnical testimony or technical 

testimony? 

MS . SMITH : No . 

MS . WARDWELL : Do you want to present any 

rebuttal to anybody's rebuttal testimony? 

MS . SMITH : He has nothing to rebut . 

MS . WARDWELL : Brief closing argument? 

MR . SCHANNAUER : No, madam . 

MS . WARDWELL : The record of this public 

hearing is now closed . 

(Proceedings adjourned at 4 :38 p .m .) 

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STATE OF NEW MEXICO ) 

) ss . 

COUNTY OF BERNALILLO ) 

I, CHERYL ARREGUIN, the officer before whom the 

foregoing proceeding was taken, do hereby certify that 

the witnesses whose testimony appears in the foregoing 

transcript were duly sworn or affirmed ; that I 

personally recorded the testimony by machine shorthand ; 

that said transcript is a true record of the testimony 

given by said witnesses ; that I am neither attorney nor 

counsel for, nor related to or employed by any of the 

parties to the action in which this proceeding is taken, 

and that I am not a relative or employee of any attorney 

or counsel employed by the parties hereto or financially 

interested in the action . 

NOTARY PUBLIC 

CCR License Number : 21 

Expires : 12/31/04 

My Commission Expires : 12/12/07 

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TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 73 NOTICE OF INTENT AND EMISSIONS INVENTORY REQUIREMENTS 

20.2 .73.1 ISSUING AGENCY: Environmental Improvement Board. 

[ 11/30/95 ; 20.2 .73 .1 NMAC - Rn, 20 NMAC 2.73 .100 02/18/02] 

20.2.73.2 SCOPE: All persons who own or operate a source or who intend to construct or modify a source . 

[11/30/95 ; 20.2 .73 .2 NIvIAC - Rn, 20 NMAC 2.73 .101 02/18/02] 

20.2.73.3 STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Section 74-1-

8(A)(4), and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 74-2-

7(A)(1) and (B). 

[11/30/95; 20.2 .73 .3 NMAC - Rn, 20 NMAC 2.73 .102 02/18/02] 

20.2.73.4 DURATION: Permanent. 

[11/30/95 ; 20.2 .73 .4 NMAC - Rn, 20 NMAC 2.73 .103 02/18/02] 

20.2.73.5 EFFECTIVE DATE: November 30, 1995 except where a later date is cited at the end of a 

section or paragraph. 

[11/30/95, 10/O1/97; 20.2 .73 .5 NMAC - Rn, 20 NMAC 2.73 .104 02/18/02] 

[The latest effective date of any section in this part is December 31, 2003 .] 

20.2 .73.6 OBJECTIVE: The objective of this Part is to establish requirements for the submission of certain 

relevant information to ensure that the regulations and standards under the Air Quality Control Act and the Federal 

Act will not be violated . 

[11/30/95; 20.2 .73.6 NMAC - Rn, 20 NMAC 2.73 .105 02/18/02] 

20.2 .73.7 DEFINITIONS: In addition to the terms defined in Part 2 (20.2 .2 NMAC - defmitions), as used 

in this part: 

A. "air pollution control equipment" means any device, equipment, process or combination thereof 

the operation of which would limit, capture, reduce, confine, or otherwise control air contaminants or convert for the 

purposes of control any air contaminant to another form, another chemical or another physical state; 

B. "commencement" means that an owner or operator has undertaken a continuous program of 

construction or modification; 

C. "construction" means fabrication, erection, installation or relocation of a stationary source, 

including but not limited to temporary installations and portable stationary sources; 

D. "emission report or inventory" means a listing, by source, of the amount of air pollutants 

discharged into the atmosphere of a community; 

E. "fugitive emissions" are those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally-equivalent opening; 

F. "modification" means any physical change in, or change in the method of operation of, a 

stationary source which results in an increase in the potential emission rate of any regulated air contaminant emitted 

by the source or which results in the emission of any regulated air contaminant not previously emitted, but does not 

include: 

(1) a change in ownership of the source ; 

(2) routine maintenance, repair or replacement; 

(3) installation of air pollution control equipment, and all related process equipment and materials 

necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or 

pursuant to the federal Clean Air Act; or 

(4) unless previously limited by enforceable permit conditions ; 

(a) an increase in the production rate, if such increase does not exceed the operating design 

capacity of the source ; 

(b) an increase in the hours of operation; or 

20.2 .73 NMAC DeEember- 34,~0a July 6. 2004 - DRAFT 1 

EXHIBIT 

#1 
(c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable 

of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural 

gas curtailment or emergency allocation or any other lack of supply of natural gas; 

G. "nonattainment area" means, for any air pollutant, an area which has been designated as a 

nonattainment area under Section 107 of the federal act; 

H. "operator" means the person or persons responsible for the overall operation of a facility; 

I. "owner" means the person or persons who own a facility or part of a facility; 

J. "part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico 

administrative code, unless otherwise noted; as adopted or amended by the board; 

K. "portable stationary source" means a source which can be relocated to another operating site 

with limited dismantling and reassembly, including for example but not limited to moveable sand and gravel 

processing operations and asphalt plants ; 

L. "potential emission rate" means the emission rate of a source at its maximum capacity to emit a 

regulated air contaminant under its physical and operational design, provided any physical or operational limitation 

on the capacity of the source to emit a regulated air contaminant, including air pollution control equipment and 

restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be 

treated as part of its physical and operational design only if the limitation or the effect it would have on emissions is 

enforceable by the department pursuant to the Air Quality Control Act or the federal act; 

M. "potential to emit" means the maximum capacity of a stationary source to emit any air pollutant 

under its physical and operational design; any physical or operational limitation on the capacity of a source to emit 

an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or 

amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federally 

enforceable; the potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen ; 

N. "regulated air contaminant" means any air contaminant, the emission or ambient concentration 

of which is regulated pursuant to the New Mexico Air Quality Control Act or the federal act; 

O. "shutdown" means the cessation of operation of any air pollution control equipment, process 

equipment or process for any purpose, except routine phasing out of batch process units; - 

P. "stationary source" or "source" means any building, structure, equipment, facility, installation 

(including temporary installations), operation or portable stationary source which emits or may emit any air 

contaminant; any research' facility may group its sources for the purpose of this part at the discretion of the secretary 

of the department; 

Q. "WEB source" means a stationary source that meets the applicability requirements of 20.2 .81.101 

NMAC; 

R "western backstop sulfur dioxide trading program" means 20.2 .81 NMAC, triggered as a 

backstop in accordance with the provisions in the sulfur dioxide milestones and backstop trading program 

implementation plan, if necessary, to ensure that regional sulfur dioxide emissions are reduced. 

[11/30/95, 10/O1/97 ; 20.2 .73 .7 NMAC - Rn, 20 NMAC 2.73 .107 & A, 02/18/02 ; A, 12/31/03] , 

20.2 .73.8 to 20.2 .73.105 [RESERVED] 

20.2 .73.106 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This Part amends and 

supersedes Air Quality Control Regulation ("AQCR") 703.1 - Notice of Intent and Emissions Inventory 

Requirements last filed May 29, 1990, as amended ("AQCR 703.1 ") . 

A. All references to AQCR 703.1 in any other rule shall be construed as a reference to this Part . 

B. The amendment and supersession of AQCR 703.1 shall not affect any administrative or judicial 

enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant 

to AQCR 703.1 . 

[11/30/95; 20.2 .73.106 NMAC - Rn, 20 NMAC 2.73.106 02/18/02] 

20.2 .73 .107 to 20.2 .73 .199 [RESERVED] 

20.2 .73.200 NOTICE OF INTENT: 

A. Applicability: 

(1) Any owner or operator intending to construct a new stationary source which has a potential 

emission rate greater than 10 tons per year of any regulated air contaminant or 1 ton per year of lead shall file a 

Notice of Intent with the Department. 

20 .2 .73 NIb1AC T'' °^'b°r2' , 2003 July 6. 2004 - DRAFT 
(2) Any owner or operator intending to modify a stationary source which either prior to or following 

the modification has a potential emission rate greater than 10 tons per year of any regulated air contaminant or 1 ton 

per year of lead shall file a Notice of Intent with the Department . 

(3) The requirements of Section 200 of this Part [20.2.73.200 NMAC] do not apply to stationary 

sources or modifications located in Bemalillo County. 

(4) The Notice of Intent shall be filed prior to the commencement of construction. Construction shall 

not begin prior to issuance of a written determination by the Department that a permit is not required, or if a permit 

is required, prior to the issuance of the permit under Part 72, Part 74, or Part 79 [20.2 .72, 20 . .2 .74 or 20.2 .79 

NMAC] 

B. Contents of Notice: Notices of Intent shall be filed on forms famished by the Department, which 

shall be identical to the extent practicable, as those used for Part 72 [20.2.72 NMAC - Permits] and shall include: 

' (1) The applicant's name and address, the person to contact regarding the application, and the name 

and address of the new source or modification . 

(2) The date of the application. . 

(3) A description of the new facility or modification including all operations affecting air emissions. 

(4) The anticipated operating schedule . 

(5) A map such as a 7.5 minute United States Geological Survey Topographic Quadrangle showing 

the location of the stationary source. 

(6) The nature and quantities of any regulated air contaminants the new source or modification will 

emit, including all calculations utilized to estimate emissions. 

(7) A description of any air pollution control device or method to be utilized, including the basis for 

the estimated control efficiency . 

(8) The stack and exhaust gas parameters for all emission points . 

(9) Any other relevant information as the Department may reasonably require. 

(10) Be signed under oath or affirmation by the operator, the owner, or an authorized representative, 

certifying to the best of his or her knowledge the truth of all information submitted. 

C. Review of Notice: Within thirty days from the date a notice is received, the Department shall 

review its content and by certified letter indicate to the applicant: 

(1) The notice is incomplete and indicate specific additional material or clarification required; or 

(2) A permit is not required and construction may commence ; or 

(3) A permit is required before construction may commence . For this case, the Department will 

indicate whether the application is complete with respect to the requirements of each applicable permit regulation 

and specify additional material or clarification required if it is not complete . 

D. Verification : In verifying information submitted in response to the requirements of this Part, the 

Department may: 

(1) Enter at all reasonable times in or upon any private or public property, except private residences, 

which the Department has reasonable cause to believe is or will become a source of air contaminants contributing to 

air pollution; and 

(2) Require the production of information relating to emissions which cause or contribute to air 

pollution, including the sampling of emissions in accordance with methods and at locations and intervals as may be 

prescribed by the Department. 

E. Notification Requirements : 

(1) The owner or operator of a portable stationary source shall notify the Department in writing of the 

date and site of any relocation at least fifteen days prior to its occurrence . 

(2) Any owner or operator of a stationary source which will be shut down for a period of one year or 

more shall notify the Department in writing of the actual date of shut down within thirty days after the shut down 

occurs . 

(3) Any new owner or operator of a stationary source shall notify the Department within thirty days 

of assuming ownership of his or her name and address. 

[11/30/95; 20.20.73 .200 NMAC - Rn, 20 NMAC 2.73.200-204 02/18/02] 

20.2 .73.201 to 20.2.73.299 [RESERVED] 

20.2 .73.300 EMISSION INVENTORY REQUIREMENTS: 

A. Applicability. The requirements of Section 300 this Part (20.2 .73 .300 NMAC) apply to the 

owner or operator of any stationary source located outside of Bernalillo County which: 

20.2 .73 NMAC f'°e°m'^°r 4 ' , 2n~~ July 6. 2004 - DRAFT 3 
(1) has been issued a permit under Part 72 (20.2 .72 NMAC - construction permits) during any period 

of time, except for toxic air pollutant permits issued under Part 72 (20.2 .72 NMAC), Sections 401 to 499; 

(2) is required to file a notice of intent under Section 200 of this part (20.2 .73.200 NMAC); or 

(3) emits in excess of 1 ton of lead or 10 tons of total suspended particulate, PM,p, P1-

sulfur dioxide, nitrogen oxides, carbon monoxide, or volatile organic compounds in any calendar year including and 

subsequent to 1990. 

B. Reporting requirements. 

(1) Any source which emits, or has the potential to emit, 5 tons per year or more of lead or lead 

compounds, or 100 tons per year or more of PMio_ PMj_s, sulfur oxides, nitrogen oxides, carbon monoxide, or 

volatile organic compounds shall submit an emissions report annually . 

(2) Any source defined as a major source of hazardous air pollutants under Part 70 (20.2 .70 NMAC -

operating permits) shall submit an. emissions report annually . 

(3) Any source which is located in an ozone nonattainment area and which emits, or has the potential 

to emit, 25 tons per year or more of nitrogen oxides or volatile organic compounds shall submit an emissions report 

annually . 

(4) Any source which is not required by Paragraph (1), (2), or (3) of Subsection B of this section 

(20.2 .73.300 NMAC) to submit an emission report shall submit an emissions report under this part upon request by 

the department, but no more frequently than annually . 

(5) Except as provided in Paragraph (8) of Subsection B of this section (20.2.73.300 NMAC), the 

department shall provide to the owner or operator required by this section (20.2 .73 .300 NMAC) to submit an 

emissions report a complete copy of the most current emissions report for their stationary source which is on file 

with the department. The department shall provide this copy to the owner or operator at least 90 days prior to the 

date when the source is required to submit an emissions report . 

(6) The owner or operator shall submit to the department a complete, correct and current emissions 

report in the format specified by the department which reflects emissions during the previous calendar year. 

(7) Except as provided in Paragraph (8) of Subsection B of this section (20.2 .73.300 N1vlAC) the 

owner or operator shall submit the emission report by April 1 of each year in which the source is required to submit 

an emission report . 

(8) Sources for which a date for submitting an annual emission report is specified 

in a current operating permit issued under Part 70 (20.2 .70 NMAC - operating permits) shall submit such report on 

that date . The department shall provide a copy of the previous emissions report upon request by the owner or 

operator of such source. 

C. Content of emissions reports. Emissions report contents shall include: 

(1) the name, address, and physical location of the stationary source ; 

(2) the name and telephone number of the person to contact regarding the emissions report; 

(3) a certification signed by the owner, or operator, or a responsible official as defined in Part 70 

(20.2 .70 NMAC) attesting that the statements and information contained in the emissions report are true and 

accurate to the best knowledge and belief of the certifying official, and including the full name, title, signature, date 

of signature, and telephone number of the certifying official ; for sources subject to Part 70 (20.2 .70 NMAC), the 

certification shall be made as required under that part; 

(4) smelters shall submit an annual report of sulfur input, in tons/year; 

(5) for each emission point, as required by the department : 

(a) stack and exhaust gas parameters and location information; 

(b) type of control equipment and estimated control efficiency ; 

(c) schedule of operation; 

(d) estimated actual emissions, including fugitive emissions and emissions occurring during 

maintenance, start-ups, shutdowns, upsets, and downtime of total suspended particulate, Mo PNh ;. . anunonia, 

sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead. and, if reAUested Uy the 

department speciated hazardous air pollutants, in tons per year and a description of the methods utilized to make 

such estimates, including calculations ; 

(e) the annual process or fuel combustion rates; and 

(f) the fuel heat, sulfur, and ash content; and 

(6) all information required under the federal act. 

D. Additional content for emissions reports from sources in ozone nonattainment areas. 

Emissions reports from sources located in ozone nonattainment areas shall include, in addition to the contents 

specified by Subsection C of this section (20.2.73.300 NMAC), the following information: 

20.2 .73 NMAC Deeeniber 31,=_'~ July 6. 2004 - DRAFT 
(1) typical daily process rate during the peak ozone season, where the peak ozone season is specified 

by the department ; and 

(2) estimated actual emissions of nitrogen oxides and volatile organic compounds, which shall be 

reported: 

(a) for each emissions point; and 

(b) for each process and fuel type contributing to emissions from each point; and 

(c) in units of tons per year for annual emissions; and 

(d) in units of pounds per day for a typical_ day during the peak ozone season . 

E. Waiver of reporting requirements for insignificant emissions. The department may waive the 

requirements of Paragraph (4) of Subsection C of this section (20.2 .73.300 NMAC) for emissions which the 

department determines to be insignificant under Part 70 (20.2 .70 NMAC), except that: 

(1) for sources in nonattainment areas, reporting of emissions of pollutants for which the area is 

nonattainment shall not be waived; 

(2) reporting of emissions for which reporting is required under the federal act shall not be waived. 

F. Emission tracldng requirements for sulfur dioxide emission inventories. All stationary sources 

with actual emissions of one hundred (100) tons per year or more of sulfur dioxide in the year 2000, or in any 

subsequent year, shall submit an annual inventory of sulfur dioxide emissions, beginning with the 2003 emission 

inventory. A source that meets these criteria that then emits less than 100 tons per year in a later year shall submit a 

sulfur dioxide inventory for tracking compliance with the regional sulfur dioxide milestones until the western 

backstop sulfur dioxide trading program has been fully implemented and emission tracking has occurred under 

20.2 .81 .106 NMAC. 

(1) All WEB sources will be subject to the following federally enforceable provisions : 

(a) submit an annual inventory of sulfur dioxide emissions; 

(b) document the emissions monitoring/estimation methodology used, and demonstrate that 

the selected methodology is acceptable under the inventory program; 

(c) include emissions from start up, shut down, and upset conditions in the annual total 

inventory; 

(d) use 40 CFR Part 75 methodology for reporting emissions for all sources subject to the 

federal acid rain program; 

(e) maintain all records used in the calculation of the emissions, including but not limited to 

the following: 

(i) amount of fuel consumed, 

(ii) percent sulfur content of fuel and how the content was determined, 

(iii) quantity of product monitoring data, 

(iv) emissions monitoring data, 

(v) operating data, and 

(vi) how the emissions are calculated; 

(f) maintain records of any physical changes to facility operations or equipment, or any other 

changes that may affect the emissions projections; and 

(g) retain records for a minimum of ten years from the date of establishment, or if the record 

was the basis for an adjustment to the milestone, 5 years after the date of an implementation plan revision, 

whichever is longer. 

(2) The state shall retain emission inventory records for non-utilities for 1996 and 1998 until the year 

2018 to ensure that changes in emissions monitoring techniques can be tracked. 

[11/30/95, 10/01/97 ; 2.20.73.300 NMAC - Rn, 20 NMAC 2.73.300 - 304 02/18/02 ; A, 12/31/03] 

HISTORY OF 20.2 .73 NMAC: 

Pre-NMAC History: The material in this part was derived from that previously filed with the commission of 

public records - state records center and archives . 

EIB/AQCR 703 .1, Air Quality Control Regulation 703.1 - Notice of Intent and Emissions Inventory Requirements, 

5/29/90. 

History of Repealed Material : [RESERVED] 

Other History: 

20.2 .73 NMAC Deeember3 1,-^_~^~^g July 6. 2004 - DRAFT 5 
EIB/AQCR 703.1, Air Quality Control Regulation 703.1 - Notice of Intent and Emissions Inventory Requirements, 

filed 5/29/90, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.73, 

Notice of Intent and Emissions Inventory Requirements, filed 10/30/95 . 

20 NMAC 2.73, Notice of Intent and Emissions Inventory Requirements, filed 10/30/95, was renumbered, 

reformatted, amended and replaced by 20.2 .73 NMAC, Notice of Intent and Emissions Inventory Requirements, 

effective 02/18/02 . 

20.2 .73 NMAC pesepaber- 31, NA4July 6. 2004 - DRAFT 
TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 73 NOTICE OF INTENT AND EMISSIONS INVENTORY REQUIREMENTS 

20.2 .73.1 ISSUING AGENCY: Environmental Improvement Board. 

[11/30/95; 20.2 .73.1 NMAC - Rn, 20 NMAC 2.73 .100 02/18/02] 

20.2 .73 .2 SCOPE: All persons who own or operate a source or who intend to construct or modify a source. 

[11/30/95 ; 20.2 .73.2 NMAC - Rn, 20 NMAC 2.73 .10102/18/02] 

20.2 .73.3 STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Section 74-1-

8(A)(4), and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 74-2-

7(A)(1) and (B). 

[11/30/95 ; 20.2 .73 .3 NMAC - Rn, 20 NMAC 2.73 .102 02/18/02] 

20.2 .73.4 DURATION: Permanent. 

[11/30/95; 20.2 .73 .4 NMAC - Rn, 20 NNIAC 2 .73.103 02/18/02] 

20.2 .73.5 EFFECTIVE DATE: November 30, 1995 except where a later date is cited at the end of a 

section or paragraph. 

[11/30/95, 10/O1/97 ; 20.2 .73 .5 NMAC - Rn, 20 NMAC 2.73 .104 02/18/02] 

[The latest effective date of any section in this part is December 31, 2003 .] 

20.2 .73 .6 OBJECTIVE: The objective of this Part is to establish requirements for the submission of certain 

relevant information to ensure that the regulations and standards under the Air Quality Control Act and the Federal 

Act will not be violated. 

[11/30/95 ; 20.2 .73.6 NMAC - Rn, 20 N1vIAC 2.73 .105 02/18/02] 

20.2 .73.7 DEFINITIONS: In addition to the terms defined in Part 2 (20 .2 .2 NMAC - definitions), as used 

in this part : 

A. "air pollution control equipment" means any device, equipment, process or combination thereof 

the operation of which would limit, capture, reduce, confine, or otherwise control air contaminants or convert for the 

purposes of control any air contaminant to another form, another chemical or another physical state; 

B. "commencement" means that an owner or operator has undertaken a continuous program of 

construction or modification; 

C. "construction" means fabrication, erection, installation or relocation of a stationary source, 

including but not limited to temporary installations and portable stationary sources; 

D. "emission report or inventory" means a listing, by source, of the amount of air pollutants 

discharged into the atmosphere of a community; 

E. "fugitive emissions" are those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally-equivalent opening; 

F. "modification" means any physical change in, or change in the method of operation of, a 

stationary source which results in an increase in the potential emission rate of any regulated air contaminant emitted 

by the source or which results in the emission of any regulated air contaminant not previously emitted, but does not 

include: 

(1) a change in ownership of the source ; 

(2) routine maintenance, repair or replacement; 

(3) installation of air pollution control equipment, and all related process equipment and materials 

necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or 

pursuant to the federal Clean Air Act; or 

(4) unless previously limited by enforceable permit conditions ; 

(a) an increase in the production rate, if such increase does not exceed the operating design 

capacity of the source ; 

(b) an increase in the hours of operation; or 

20.2 .73 NMAC P°^°~^b°r" , 2003 F"d°' 2044 Sentember 16, 2004- DRAFT EXHIBIT 

#2 
(c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable 

of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural 

gas curtailment or emergency allocation or any other lack of supply of natural gas; 

G. "nonattainment area" means, for any air pollutant, an area which has been designated as a 

nonattainment area under Section 107 of the federal act; 

H. "operator" means the person or persons responsible for the overall operation of a facility; 

I . "owner" means the person or persons who own a facility or part of a facility; 

J. "part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico 

administrative code, unless otherwise noted; as adopted or amended by the board; 

K. "portable stationary source" means a source which can be relocated to another operating site 

with limited dismantling and reassembly, including for example but not limited to moveable sand and gravel 

processing operations and asphalt plants ; 

L. "potential emission rate" means the emission rate of a source at its maximum capacity to emit a 

regulated air contaminant under its physical and operational design, provided any physical or operational limitation 

on the capacity of the source to emit a regulated air contaminant, including air pollution control equipment and 

restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be 

treated as part of its physical and operational design only if the limitation or the effect it would have on emissions is 

enforceable by the department pursuant to the Air Quality Control Act or the federal act; 

M. "potential to emit" means the maximum capacity of a stationary source to emit any air pollutant 

under its physical and operational design; any physical or operational limitation on the capacity of a source to emit 

an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or 

amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federally 

enforceable; the potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen; 

N. "regulated air contaminant" means any air contaminant, the emission or ambient concentration 

of which is regulated pursuant to the New Mexico Air Quality Control Act or the federal act; 

O. "shutdown" means the cessation of operation of any air pollution control equipment, process 

equipment or process for any purpose, except routine phasing out of batch process units; 

P. "stationary source" or "source" means any building, structure, equipment, facility, installation 

(including temporary installations), operation or portable stationary source which emits or may emit any air 

contaminant; any research facility may group its sources for the purpose of this part at the discretion of the secretary 

of the department; 

Q. "°VVEB source" means a stationary source that meets the applicability requirements of 20.2 .8 1 .101 

NMAC; 

R "western backstop sulfur dioxide trading program" means 20.2 .81 NMAC, triggered as a 

backstop in accordance with the provisions in the sulfur dioxide milestones and backstop trading program 

implementation plan, if necessary, to ensure that regional sulfur dioxide emissions are reduced. 

[11/30/95,10/01/97 ; 20 .2 .73 .7 NMAC - Rn, 20 NMAC 2.73 .107 & A, 02/18/02; A, 12/31/03] 

20.2 .73.8 to 20.2 .73.105 [RESERVED] 

20.2 .73.106 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This Part amends and 

supersedes Air Quality Control Regulation ("AQCR") 703 .1 - Notice of Intent and Emissions Inventory 

Requirements last filed May 29, 1990, as amended ("AQCR 703.1") . 

A. All references to AQCR 703.1 in any other rule shall be construed as a reference to this Part. 

B. The amendment and supersession of AQCR 703 .1 shall not affect any administrative or judicial 

enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant 

to AQCR 703 .1 . 

[11/30/95; 20.2 .73 .106 NMAC - Rn, 20 NMAC 2.73 .106 02/18/02] 

20.2 .73.107 to 20.2 .73.199 [RESERVED] 

20 .2 .73.200 NOTICE OF INTENT: 

A. Applicability: 

(1) Any owner or operator intending to construct a new stationary source which has a potential 

emission rate greater than 10 tons per year of any regulated air contaminant or 1 ton per year of lead shall file a 

Notice of Intent with the Department. 

20.2 .73 NMAC '-' '' 3 ', 

'nn' T"`°-~-~T September 16 2004- DRAFT 2 
(2) Any owner or operator intending to modify a stationary source which either prior to or following 

the modification has a potential emission rate greater than 10 tons per year of any regulated air contaminant or 1 ton 

per year of lead shall file a Notice of Intent with the Department. 

(3) The requirements of Section 200 of this Part [20.2 .73 .200 NMAC] do not apply to stationary 

sources or modifications located in Benalillo County. 

(4) The Notice of Intent shall be filed prior to the commencement of construction . Construction shall 

not begin prior to issuance of a written determination by the Department that a permit is not required, or if a permit 

is required, prior to the issuance of the permit under Part 72, Part 74, or Part 79 [20.2 .72, 20 . .2 .74 or 20.2 .79 

NMAC] 

B. Contents of Notice: Notices of Intent shall be filed on forms furnished by the Department, which 

shall be identical to the extent practicable, as those used for Part 72 [20.2 .72 NMAC - Permits] and shall include: 

(1) The applicant's name and address, the person to contact regarding the application, and the name 

and address of the new source or modification. 

(2) The date of the application. 

(3) A description of the new facility or modification including all operations affecting air emissions. 

(4) The anticipated operating schedule. 

(5) A map such as a 7.5 minute United States Geological Survey Topographic Quadrangle showing 

the location of the stationary source . 

(6) The nature and quantities of any regulated air contaminants the new source or modification will 

emit, including all calculations utilized to estimate emissions. 

(7) A description of any air pollution control device or method to be utilized, including the basis for 

the estimated control efficiency. 

(8) The stack and exhaust gas parameters for all emission points . 

(9) Any other relevant information as the Department may reasonably require. 

(10) Be signed under oath or affirmation by the operator, the owner, or an authorized representative, 

certifying to the best of his or her knowledge the truth of all information submitted. 

C. Review of Notice: Within thirty days from the date a notice is received, the Department shall 

review its content and by certified letter indicate to the applicant: 

(1) The notice is incomplete and indicate specific additional material or clarification required ; or 

(2) A permit is not required and construction may commence; or 

(3) A permit is required before construction may commence. For this case, the Department will 

indicate whether the application is complete with respect to the requirements of each applicable permit regulation 

and specify additional material or clarification required if it is not complete. 

D. Verification : In verifying information submitted in response to the requirements of this Part, the 

Department may: 

(1) Enter at all reasonable times in or upon any private or public property, except private residences, 

which the Department has reasonable cause to believe is or will become a source of air contaminants contributing to 

air pollution; and 

(2) Require the production of information relating to emissions which cause or contribute to air 

pollution, including the sampling of emissions in accordance with methods and at locations and intervals as may be 

prescribed by the Department . 

E. Notification Requirements: 

(1) The owner or operator of a portable stationary source shall notify the Department in writing of the 

date and site of any relocation at least fifteen days prior to its occurrence . 

(2) Any owner or operator of a stationary source which will be shut down for a period of one year or 

more shall notify the Department in writing of the actual date of shut down within thirty days after the shut down 

occurs . 

(3) Any new owner or operator of a stationary source shall notify the Department within thirty days 

of assuming ownership of his or her name and address. 

[11/30/95; 20.20.73.200 NMAC - Rn, 20 NMAC 2.73 .200-204 02/18/02] 

20.2.73.201 to 20.2 .73.299 [RESERVED] 

20.2 .73.300 EMISSION INVENTORY REQUIREMENTS: 

A. Applicability. The requirements of Section 300 this Part (20 .2 .73.300 NMAC) apply to the 

owner or operator of any stationary source located outside of Bernalillo County which: 

20 .2 .73 NMAC T'°e°m''°" 3', 209' 4~a4y 6, 2044- September lb, 2004- DRAFT 3 
(1) has been issued a permit under Part 72 (20.2 .72 NMAC - construction permits) during any period 

of time, except for toxic air pollutant permits issued under Part 72 (20.2.72 NMAC), Sections 401 to 499; _ 

(2) is required to file a notice of intent under Section 200 of this part (20.2 .73.200 NMAC);,of=~~ 

(3) emits in excess of 1 ton of lead or 10 tons of total suspended particulate, PMIb, Pn1~- 

sulfur dioxide, nitrogen oxides, carbon monoxide, or volatile organic compounds in any calendar year inc ud:ing-and' 

subsequentto 1990. 

B. Reporting requirements. _ _.._ ._, 

(1) Any source which emits, or has-tlie pote a 'Gp emit, 5 tons per year or more of lead or lead 

compounds, or 100 tons per year or more of PMjoy PM.,-S, sulfur'oxides, nitrogen oxides, carbon monoxide, or 

volatile organic compounds shall submit an emis`sians-repzirtrannually. 

(2) Any source defined as a major source of hazardous air pollutants under Part 70 (20.2 .70 NMAC -

operating permits) shall submit an emissions report annually. 

(3) Any source which is located in an ozone nonattainment area and which emits, or has the potential 

to emit, 25 tons per year or more of nitrogen oxides or volatile organic compounds shall submit an emissions report 

annually. . 

(4) Any source which is not required by Paragraph (1), (2), or (3) of Subsection B of this section 

(20.2 .73 .300 NMAC) to submit an emission report shall submit an emissions report under this part upon request by 

the department, but no more frequently than annually . 

(5) Except as provided in Paragraph (8) of Subsection B of this section (20.2 .73 .300 NMAC), the 

department shall provide to the owner or operator required by this section (20.2 .73 .300 NMAC) to submit an 

emissions report a complete copy of the most current emissions report for their stationary source which is on file 

with the department. The department shall provide this copy to the owner or operator at least 90 days prior to the 

date when the source is required to submit an emissions report . 

(6) The owner or operator shall submit to the department a complete, correct and current emissions 

report in the format specified by the department which reflects emissions during the previous calendar year. 

(7) Except as provided in Paragraph (8) of Subsection B of this section (20.2 .73.300 NMAC) the 

owner or operator shall submit the emission report by April 1 of each year in which the source is required to submit 

an emission report. 

(8) Sources for which a date for submitting an annual emission report is specified 

in a current operating permit issued under Part 70 (20.2 .70 NMAC - operating permits) shall submit such report on 

that date . The department shall provide a copy of the previous emissions report upon request by the owner or 

operator of such source. 

C. Content of emissions reports. Emissions report contents shall include: 

(1) the name, address, and physical location of the stationary source ; 

(2) the name and telephone number of the person to contact regarding the emissions report; 

(3) a certification signed by the owner, or operator, or a responsible official as defined in Part 70 

(20.2 .70 NMAC) attesting that the statements and information contained in the emissions report are true and 

accurate to the best knowledge and belief of the certifying official, and including the full name, title, signature, date 

of signature, and telephone number of the c rtifying official ; for sources subject to Part 70 (20.2 .70 NMAC), the 

certification shall be made as required unde~ that part; 

(4) smelters shall submit an annual report of sulfur input, in tons/year; 

(5) - for each emission point, as required by the department: 

(a) stack and exhaust gas parameters and location information; 

(b) type of control equipment and estimated control efficiency ; 

(c) schedule of operation; 

(d) estimated actual emissions, including fugitive emissions and emissions occurring during 

maintenance, start-ups, shutdowns, upsets, and downtime of total suspended particulate, PM,o, PM, S . ammonia, 

sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead and if re ctuested b~the 

department speciated hazardous air pollutants. in tons per year and a description of the methods utilized to make 

such estimates, including calculations ; 

(e) the annual process or fuel combustion rates; and 

(f) the fuel heat, sulfur, and ash content; and 

(6) all information required under the federal act. 

D. Additional content for emissions reports from sources in ozone nonattainment areas. 

Emissions reports from sources located in ozone nonattainment areas shall include, in addition to the contents 

specified by Subsection C of this section (20.2 .73 .300 NMAC), the following information: 

20_2.73 NMAC 4 
(1) . typical daily process rate during the peak ozone season, where the peak ozone season is specified 

by the department; and 

(2) estimated actual emissions of nitrogen oxides and volatile organic compounds, which shall be 

reported : 

(a) for each emissions point; and 

(b) for each process and fuel type contributing to emissions from each point; and 

(c) in units of tons per year for annual emissions; and 

(d) in units of pounds per day for a typical day during the peak ozone season . 

E. Waiver of reporting requirements for insignificant emissions. The department may waive the 

requirements of Paragraph {4)-~of Subsection C of this section (20.2 .73 .300 NMAC) for emissions which the 

department determines to be insignificant under Part 70 (20.2 .70 NMAC), except that : 

(1) for sources in nonattainment areas, reporting of emissions of pollutants for which the area is 

nonattainment shall not be waived; 

(2) reporting of emissions for which reporting is required under the federal act shall not be waived. 

F. Emission tracking requirements for sulfur dioxide emission inventories. All stationary sources 

with actual emissions of one hundred (100) tons per year or more of sulfur dioxide in the year 2000, or in any 

subsequent year, shall submit an annual inventory of sulfur dioxide emissions, beginning with the 2003 emission 

inventory. A source that meets these criteria that then emits less than 100 tons per year in a later year shall submit a 

sulfur dioxide inventory for tracking compliance with the regional sulfur dioxide milestones until the western 

backstop sulfur dioxide trading program has been fully implemented and emission tracking has occurred under 

20.2 .81 .106 NMAC. 

(1) All WEB sources will be subject to the following federally enforceable provisions : 

(a) submit an annual inventory of sulfur dioxide emissions; 

(b) document the emissions monitoring/estimation methodology used, and demonstrate that 

the selected methodology is acceptable under the inventory program; 

(c) include emissions from start up, shut down, and upset conditions in the annual total 

inventory; 

(d) use 40 CFR Part 75 methodology for reporting emissions for all sources subject to the 

federal acid rain program; 

(e) maintain all records used in the calculation of the emissions, including but not limited to 

the following: 

(i) amount of fuel consumed, 

(ii) percent sulfur content of fuel and how the content was determined, 

(iii) quantity of product monitoring data, 

(iv) emissions monitoring data, 

(v) operating data, and 

(vi) how the emissions are calculated; 

(f) maintain records of any physical changes to facility operations or equipment, or any other 

changes that may affect the emissions projections; and 

(g) retain records for a minimum of ten years from the date of establishment, or if the record 

was the basis for an adjustment to the milestone, 5 years after the date of an implementation plan revision, 

whichever is longer. 

(2) The state shall retain emission inventory records for non-utilities for 1996 and 1998 until the year 

2018 to ensure that changes in emissions monitoring techniques can be tracked. 

[11/30/95, 10/O1/97 ; 2.20 .73.300 NMAC - Rn, 20 NMAC 2.73 .300 - 304 02/18/02 ; A, 12/31/03] 

HISTORY OF 20.2 .73 NMAC: 

Pre-NMAC History: The material in this part was derived from that previously filed with the commission of 

public records - state records center and archives . 

EIB/AQCR 703 .1, Air Quality Control Regulation 703 .1 - Notice of Intent and Emissions Inventory Requirements, 

5/29/90. 

History of Repealed Material : [RESERVED] 

Other History: 

20 .2 .73 NMAC n°^°^°~ e" 31, 2093 ;qly 6;-290.a- September 16, 2004- DRAFT 5 
EIB/AQCR 703 .1, Air Quality Control Regulation 703 .1 - Notice of Intent and Emissions Inventory Requirements, 

filed 5/29/90, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.73, 

Notice of Intent and Emissions Inventory Requirements, filed 10/30/95 . 

20 NMAC 2.73, Notice of Intent and Emissions Inventory Requirements, filed 10/30/95, was renumbered, 

reformatted, amended and replaced by 20 .2 .73 NMAC, Notice of Intent and Emissions Inventory Requirements, 

effective 02/18/02. 

20.2 .73 NMAC T'°^°~'''°" ",'n0 r"'"-'- September 16 2004- DRAFT 
STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

PETITION FOR HEARING, PROPOSED 

AMENDMENTS TO 20 .2 .73 NMAC - EIB 04-05 

NOTICE OF INTENT AND EMISSIONS 

INVENTOR YREQUIREMENTS 

DIRECT TESTIMONY OF HEATHER LANCOUR 

ON BEHALF OF THE NEW MEXICO ENVIRONMENT DEPARTMENT 

I. OVERVIEW OF DEPARTMENT'S PROPOSAL 

The Air Quality Bureau (AQB) proposes amendments to 20.2 .73 NMAC - Notice of 

Intent and Emissions Inventory Requirements. The proposed amendments will allow the 

Department to meet U.S . Environmental Protection Agency (EPA) emissions inventory 

requirements, collect more specific data regarding Hazardous Air Pollutants, and correct a 

typographical error. 

The September 16, 2004 revised draft of 20 .2 .73 NMAC - Notice of Intent and 

Emissions Inventory Requirements, including proposed revisions, is NMED Exhibit Number 2. It 

replaces the July 6, 2004 draft (NMED Exhibit Number 1), which was issued for public 

comment. The sole difference between the two documents is the inclusion of the typographical 

correction, which is discussed below in section IV. 

II. OVERVIEW OF THE AQB EMISSIONS INVENTORY 

The AQB conducts annual, statewide emissions inventories under 20.2 .73 NMAC - Notice of 

Intent and Emissions Inventory Requirements (Part 73). An emissions inventory is a compilation of 

permitted sources and their operational data. 

The AQB is required to submit an annual emissions inventory to the EPA. EPA regulates 

states' emissions inventory submittals in the Consolidated Emissions Reporting Rule (CERR). 

The CERR lists data elements that must be included for each facility, as well as which pollutants 

the reporting agency must include in its emissions inventory. EPA finalized the CERR in June 

2003 . The CERR is NMED Exhibit Number 4. 

The National Emissions Inventory Input Format (NIF) is a reporting format that states use 

to submit their emissions inventories to the EPA. The NIF specifies the format of each required 

data element in the emissions inventory. The NIF was revised in November 2003 . The NIF is 

NMED Exhibit Number 5. 

LANCOUR DIRECT TESTIMONY - PAGE 1 

EXHIBIT 

#3 
The emissions inventory is used to develop planning tools, provide data for air dispersion 

modeling, measure progress in reducing emissions, and to provide input for air quality 

management projects, such as regional haze and non-attainment areas. The emissions inventory is 

also used to track air quality trends . 

III. PROPOSAL OVERVIEW 

The AQB proposes the following revisions to Part 73 : 

1) Include the reporting of emissions of particulate matter with an aerodynamic diameter 

equal to or less than 2.5 micrometers (PM2.5) . This affects Sections 300 .A(3) 300.B(1) 

and 300.C(5)(d) . 

2) Require location information for emissions points in Section 300.C(5)(a). 

3) Include the reporting of emissions of ammonia. This affects Sections 300.B(1) and 

300 .C(5)(d). 

4) Authorize the Department to require information regarding emissions of individual 

(speciated) Hazardous Air Pollutants (HAPs) . 

5) Correct a typographic error in Section 300 .E. 

IV. PROPOSAL DETAILS 

1) Include emissions of particulate matter with an aerodynamic diameter equal to or 

less than 2.5 micrometers (PM2.5) in Sections 300.A(3) 300.B(1) and 300.C(5)(d). 

The EPA amended its reporting requirements for states under the CERR in 2003 . The 

amendments added PM2.5 to the list of emissions that states must report to the EPA. EPA added 

PM2.5 to its list because it recently established a National Ambient Air Quality Standard (NAAQS) 

for PM2.5 . State emissions inventories are required to include all NAAQS pollutants. PM2.5 is also 

a major contributor to visibility impairment. 

2) Require location information for emissions points in Section 300.C(5)(a) 

The AQB seeks to add location information requirements to Part 73 because as 

technology for measuring point locations has become more refined, NIF requirements for 

reporting the location of emissions points have increased. EPA will use the additional location 

information in national modeling analyses for federal rulemaking. 

3) Include ammonia emissions in Sections 300.B(1) and 300.C(5)(d). 

The EPA amended its reporting requirements for states under the CERR in 2003 . The 

amendments added ammonia to the list of emissions that states must report to the EPA. 

Ammonia is a precursor to PM2.5 . 

LANCOUR DIRECT TESTIMONY - PAGE 2 
4) Authorize the Department to require information regarding emissions of 

individual (speciated) Hazardous Air Pollutants (HAPs) 

The AQB seeks the ability to require information regarding emissions of individual 

(speciated) HAPs. Major sources (which emit more than 10 tons per year of any single HAP or 

25 tons per year of total HAPs) currently report total HAP emissions rather than the emissions of 

individual HAPs . By allowing the AQB the flexibility to require speciated reporting of HAPs, 

the AQB will be able to analyze specific HAP emissions and predict specific HAP concentrations 

to determine health risks throughout the state. In addition, the AQB will be able to verify that 

HAP-specific emissions limitations are met. 

5) Correct a typographic error that was created when the regulation was revised for 

regional haze. 

The AQB requests the correction of a typographic error that resulted when the EIB added 

a requirement for smelters to report sulfur content under Section 300.C(4) and renumbered what 

had been C(4) to C(5). As a result of these changes, the reference in Section 300.E to 300.C(4) 

became incorrect. Section 300.E should now refer to 300.C(5). 

This change was inadvertently omitted from the text of the proposed regulations in NMED 

Exhibit Number 1 and is being included in the revised draft attached as NMED Exhibit Number 2. 

V. CONCLUSION 

The AQB respectfully requests that the EIB adopt the proposed revisions to 20.2 .73 NMAC 

- Notice of Intent and Emissions Inventofy Requirements. 

VI. BACKGROUND OF THE WITNESS 

Heather Lancour is the Emissions Inventory Specialist for the Atmospheric Dispersion 

Modeling Section of the Air Quality Bureau. She has worked for the Air Quality Bureau since 1997. 

She began assisting with the Department's emissions inventory in 2001 and started working full-time 

on inventory issues in May 2002 . She became the Department's Emissions Inventory Specialist in 

September 2003 . Ms. Lancour holds a B.S . degree in Environmental Science and Management, 

Environmental Geology Concentration from New Mexico Highlands University. 

LANCOUR DIRECT TESTIMONY - PAGE 3 
Federal Register/Vol . 67, No . ill/Monday, June 10, 2002/Rules and Regulations 

implications" is defined in the 

Executive Order to include regulations 

that have "substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian tribes," 

This final rule does'not have tribal 

implications . It will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian tribes, as 

specified in Executive Order 13175. The 

Tribal Authority Rule means that Tribes 

cannot be required to report their 

emissions to us . Thus, Executive Order 

13 175 does not apply to this rule, 

j. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not a "significant energy 

action" as defined in Executive Order 

13211, "Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use" (66 FR 28355 (May 

22, 2001)) because it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

This rule defines the requirements for 

the reporting of emission inventories by 

State and local agencies to EPA. We do 

not believe that this rule will effect the 

supply, production, availability, cost or 

use on energy in the United States . 

Further, we have concluded that this 

rule is not likely to have any adverse 

energy effects . 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S .C . 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States . EPA will submit a 

report containing this rule and other 

required information to the U.S . Senate, 

the U.S . House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A Major rule 

cannot take effect until 60 days after it 

is published in the Federal Register . 

This action is not a "major rule" as 

defined by 5 U.S .C . 804(2). This rule 

will become effective 60 days after it is 

published in the Federal Register . 

List of Subjects in 40 CFR Part 51 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements . 

Dated: May 23, 2002. 

Christine Todd Whitman, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is amended as 

follows: 

PART 51-[AMENDED] 

1. The authority citation for part 51 

continues to read as follows: 

Authority: 23 U.S .C. 101; 42 U.S .C. 7401-

7671q. 

2. Part 51 is amended by adding 

subpart A to read as follows : 

Subpart A-Emission Inventory Reporting 

Requirements 

General Information for Inventory Preparers 

Sec. 

51.1 Who is responsible for actions 

described in this subpart? 

51.5 What tools are available to help 

prepare and report emissions data? 

51 .10 How does my State report emissions 

that are required by the NOx SIP Call? 

Specific Reporting Requirements 

51 .15 What data does my State need to 

report to EPA? 

51 .20 What are the emission thresholds that 

separate point and area sources? 

51 .25 What geographic area must my State's 

inventory cover? 

51 .30 When does my State report the data 

to EPA? 

51 .35 How can my State equalize the effort 

for annual reporting? 

51 .40 In what form should my State report 

the data to EPA? 

51 .45 Where should my State report the 

data? 

Appendix A to Subpart A of Part 51-Tables 

and Glossary 

Appendix B to Subpart A of Part 51 

[Reserved] 

Subpart A-Emission Inventory 

Reporting Requirements 

General Information for Inventory 

Preparers 

§51 .1 Who is responsible for actions 

described in this subpart? 

State agencies whose geographic 

coverage include any point, area, 

mobile, or biogenic sources must 

inventory these sources and report this 

information to EPA. 

§51 .5 What tools are available to help 

prepare and report emissions data? 

We urge your State to use estimation 

procedures described in documents 

39611 

from the Emission Inventory 

Improvement Program (EIIP) . These 

procedures are standardized and ranked 

according to relative uncertainty for 

each emission estimating technique . 

Using this guidance will enable others 

to use your State's data and evaluate its 

quality and consistency with other data. 

§51.10 How does my State report 

emissions that are required by the NOx SIP 

Call? 

The States and the District of 

Columbia that are subject to the NOx 

SIP Call (§ 51.121) should report their 

emissions under the provisions of 

§ 51.122 . To avoid confusion, these 

requirements are not repeated here. 

Specific Reporting Requirements 

§51 .15 What data does my State need to 

report to EPA? 

(a) Pollutants. Report actual emissions 

of the following (see Glossary to 

Appendix A to this subpart for precise 

definitions as required) : 

(1) Required Pollutants: 

(i) Sulfur oxides. 

(ii) VOC, 

(iii) Nitrogen oxides. 

(iv) Carbon monoxide. 

(v) Lead and lead compounds. 

(vi) Primary PMz_5. 

(vii) Primary PMIO. 

(viii) NH3. 

(2) Optional Pollutant: 

(i) Primary PM. 

(ii) [Reserved] 

(b) Sources. Emissions should be 

reported from the following sources : 

(1) Point. 

(2) Area. 

(3) Onroad mobile . 

(4) Nonroad mobile. 

(5) Biogenic . 

(c) Supporting information . Report the 

data elements in Tables 2a through 2d 

of Appendix A to this subpart . 

Depending on the format you choose to 

report your State data, additional 

information not listed in Tables 2a 

through 2d will be required . We may 

ask you for other data on a voluntary 

basis to meet special purposes . 

(d) Confidential data. We don't 

consider the data in Tables 2a through 

2d of Appendix A to this subpart 

confidential, but some States limit 

release of this type of data. Any data 

that you submit to EPA under this rule 

will be considered in the public domain 

and cannot be treated as confidential . If 

Federal and State requirements are 

inconsistent, consult your EPA Regional 

Office for a final reconciliation . 

§ 51 .20 What are the emission thresholds 

that separate point and area sources? 

(a) All anthropogenic stationary 

sources must be included in your 

EXHIBIT 

#4 
39612 Federal Register/ Vol. 67, No. 111 /Monday, June 10, 2002 /Rules and Regulations 

inventory as either point or area 

sources . 

(b) See Table 1 of Appendix A to this 

subpart for minimum reporting 

thresholds on point sources. 

(c) Your State has two alternatives to 

the point source reporting thresholds in 

paragraph (b) of this section: 

(1) You may choose to define point 

sources by the definition of a major 

source used under CAA Title V, see 40 

CFR 70.2 . 

(2) If your State has lower emission 

reporting thresholds for point sources 

than paragraph (b) of this section, then 

you may use these in reporting your 

emissions to EPA. 

(d) All stationary sources that have 

actual emissions lower than the 

thresholds specified in paragraphs (b) 

and (c) of this section, should be 

reported as area sources . 

§51 .25 What geographic area must my 

State's inventory cover? 

Because of the regional nature of these 

pollutants, your State's inventory must 

be statewide, regardless of an area's 

attainment status . 

§ 51 .30 When does my State report the 

data to EPA? 

Your State is required to report two 

basic types of emission ininentories to 

us: Annual Cycle Inventory ; and Threeyear Cycle Inventory . ' 

(a) Annual cycle, You are required to 

report annually data from Type A (large) 

point sources. Except as provided in 

paragraph (e) of this section, the first 

annual cycle inventory will be for the 

year 2001 and must be submitted to us 

within 17 months, i.e ., by June 1, 2003. 

Subsequent annual cycle inventories 

will be due 17 months following the end 

of the reporting year . See Table 2a of 

Appendix A to this subpart for the 

specific data elements to report 

annually. 

(b) Three-year cycle. You are required 

to report triennially, data for Type B 

(all) point sources, area sources and 

mobile sources . Except as provided in 

paragraph (e) of this section, the first 

three-year cycle inventory will be for 

the year 2002 and must be submitted to 

us within 17 months, i .e ., by June 1, 

2004. Subsequent three-year cycle 

inventories will be due 17 months 

following the end of the reporting year. 

See Tables 2a, 2b and 2c of Appendix 

A to this subpart for the specific data 

elements that must be reported 

triennially . 

(c) NOX SIP call . There are specific 

annual and three-year reporting 

requirements for States subject to the 

NOx SIP call . See § 51 .122 for these 

requirements . 

(d) Biogenic emissions . Biogenic 

emissions are part of your 3-year cycle 

inventory . Your State must establish an 

initial baseline for biogenic emissions 

that is due as specified under paragraph 

(b) of this section. Your State need not 

submit more biogenic data unless land -

use characteristics or the methods for 

estimating emissions change 

substantially. If either of these changes, 

your State must report the biogenic 

emission data elements shown in Table 

2d of Appendix A to this subpart. 

Report these data elements 17 months 

after the end of the reporting year. 

(e) Point Sources. States must 

commence reporting point source 

emissions of PM2.s and NH3 on June 1, 

2004 unless that date is less than 60 

days after EPA publishes an approved 

Information Collection Request (ICR) 

addressing this section of the rule . If 

EPA fails to publish an approved ICR 60 

days in advance of June 1, 2004, States 

must commence reporting point source 

emissions of PMZS and NH3 on the next 

annual or triennial reporting date (as 

appropriate) that is at least 60 days after 

EPA publishes an approved ICR 

addressing this section . 

§ 51 .35 How can my State equalize the 

effort for annual reporting? 

(a) Compiling a 3-year cycle inventory 

means much more effort every three 

years. As an option, your State may ease 

this workload spike by using the 

following approach : 

(1) Annually collect and report data 

for all Type A (large) point sources (This 

is required for all Type A point sources). 

(2) Annually collect data for one-third 

of your smaller point sources (Type B 

point sources minus Type A (large) 

point sources) . Collect data for a 

different third of these sources each year 

so that data has been collected for all of 

the smaller point sources by the end of 

each three-year cycle . You may report 

these data to EPA annually, or as an 

option you may save three years of data 

and then report all of the smaller point 

sources on the three-year cycle due date. 

(3) Annually collect data for one-third 

of the area, nonroad mobile, onroad 

mobile and, if required, biogenic 

sources . You may report these data to 

EPA annually, or as an option you may 

save three years of data and then report 

all of these data on the three-year cycle 

due date. 

(b) For the sources described in 

paragraph (a) of this section, your State 

will therefore have data from three 

successive years at any given time, 

rather than from the single year in 

which it is compiled . 

(c) If your State chooses the method 

of inventorying one-third of your 

smaller point sources and 3-year cycle 

area, nonroad mobile, onroad mobile 

sources each year, your State must 

compile each year of the three-year 

period identically. For example, if a 

process hasn't changed for a source 

category or individual plant, your State 

must use the same emission factors to 

calculate emissions for each year of the 

three-year period. If your State has 

revised emission factors during the 

three years for a process that hasn't 

changed, resubmit previous year's data 

using the revised factor. If your State 

uses models to estimate emissions, you 

must make sure that the model is the 

same for all three years. 

(d) If your State chooses the method 

of inventorying one-third of your 

smaller point sources and 3-year cycle 

area, nonroad mobile, onroad mobile 

sources each year and reporting them on 

the 3-year cycle due date, the first 

required date for you to report on all 

such sources will be June 1, 2004 as 

specified in § 51.25 . You can satisfy the 

2004 reporting requirement by either: 

Starting to inventory one third of your 

sources in 2000; or doing a one-time 

complete 3-year cycle inventory for 

2002, then changing to the option of 

inventorying one third of your sources 

for subsequent years. 

(e) If your State needs a new reference 

year emission inventory for a selected 

pollutant, your State can't use these 

optional reporting frequencies for the 

new reference year. 

() If your State is a NOx SIP call 

State, you can't use these optional 

reporting frequencies for NOx SIP call 

reporting. 

§ 51 .40 in what form should my State 

report the data to EPA? 

You must report your emission 

inventory data to us in electronic form. 

We support specific electronic data 

reporting formats and you are required 

to report your data in a format 

consistent with these . Because 

electronic reporting technology 

continually changes, contact the 

Emission Factor and Inventory Group 

(EFIG) for the latest specific formats. 

You can find information on the current 

formats at the following Internet 

address: http ://wwtit .epa,gov/ttn/chief. 

You may also call our Info CHIEF help 

desk at (919) 541-1000 or email to 

info . chief®epa.gov. 

§51.45 Where should my State report the 

data? 

(a) Your State submits or reports data 

by providing it directly to EPA. 

(b) The latest information on data 

reporting procedures is available at the 
Federal Register/Vol . 67, No . 111/Monday, June 10, 2002/Rules and Regulations 

following Internet address: http:// 

www.epa .gov/ttn/chief. 

You may also call our Info CHIEF 

help desk at (919)541-1000 or email to 

info .chiefQepa .gov. 

39613 

Appendix A to Subpart A of Part 51-

Tables and Glossary 

TABLE 1 .-MINIMUM POINT SOURCE REPORTING THRESHOLDS BY POLLUTANT(tPY ') 

Pollutant 

1. SOx . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .----. . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . .. 

2. VOC . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

3. VOC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

4. VOC . . . . . . . . . . .. . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . 

5. VOC . . . . . . . . . . .. . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

6. NOX . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

7. CO .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

8. CO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . 

9. Pb . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

10 . PMio . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . .------------. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . PMio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . 

12. PMz.s .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 

13 . NH3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . 

Annual cycle 

(type A sources) 

>_2500 

>250 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

- ?2500 

?2500 

. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 

. ., .. . . . . . . . . . . . . . . .. . . . . . . . . . . 

250 

250 

250 

ThreeType B sources 2 

>_100 

?100 

. . . . . . . . . . . . . . . . . . . . .. . . . . . . 

. . . . .. . .. . . . . . . . . . . . . . .. . . . . . 

>_100 

>_1000 

. . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. 

?5 

>_100 

. . . . . . . . . . . . . . . . . . . . . . .~ 

100 

>_100 

ear cycle 

NAA3 

>_100 

03 (moderate)?100 

03 (serious)?50 

03 (severe)?25 

03 (extreme)>_10 

?100 

03 (all areas)_100 

CO (all areas)?100 

?5 

PM101o (moderate)-e`100 

PMio (serious)>_70 

>100 

>_100 

1 tpy = tons per year of actual emissions. 

Z Type A sources are a subset of the Type B sources and are the larger emitting sources by pollutant. 

3 NAA = Nonattainment Area. Special point source reporting thresholds apply for certain pollutants by type of nonattainment area . 

ants by nonattainment area are: Ozone: VOC, NOX; CO; CO: CO; PM,o : PMjo. 

TABLE 2A.-DATA ELEMENTS THAT STATES MUST REPORT FOR POINT SOURCES 

The pollut1 . Inventory year . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . .. . . .---

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 

2. Inventory start date . . :. . . . . . . . .----

. . . . . . . . . . . . . . . . . . . . . . . . . . .---. . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 

3. Inventory end date . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . 

4. Inventory type .. . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . 

5. State FIPS code . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

6. County FIPS code . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

7. Facility ID code . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

8. Point ID code . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 

9. Process ID code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .---

. . . . . . . . . 

10 . Stack ID code . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

11 . Site name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . 

12 . Physical address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 

13 . SCC or PCC . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

14 . Heat content (fuel) (annual average) . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

15 . Ash content (fuel) (annual average) . . . . . . . . . . . . . . . .. . .------

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

16 . Sulfur content (fuel) (annual average) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 

17 . Pollutant code . : . . . . . . . . . . . . . . . . :. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 

18 . Activity/throughput (annual) . . . . . . .. . . . . . . . .

.---

. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 

19 . Activity/throughput (daily) . . . . . .: . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 

20 . Work weekday emissions . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

21 . Annual emissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

.---

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

22. Emission factor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .---

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 

23 . Winter throughput (%) . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

24 . Spring throughput (%) . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 

25 . Summer throughput (%) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .---

. . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . .---. . . . 

26 . Fall throughput (%) --

. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . 

27 . Hr/day in operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .

.---

. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . 

28 . Start time (hour) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 

29 . Day/wk in operation . .... . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 

30 . Wklyr in operation ---. .. ... . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

31 . X stack coordinate (latitude) . . . . . . . . . . . . . .. ... . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 

32 . Y stack coordinate (longitude) . . . . . . . . . . . . . .. . . .. . . . .---. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

33 . Stack Height . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . :. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

34 . Stack diameter . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . ._. . . . . . . . . .. . . . . . . . . . . . . . . . . . . .-------. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

35 . Exit gas temperature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

36 . Exit gas velocity . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . 

37 . Exit gas flow rate . .. . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 

38 . SIC/NAICS . . .-----. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .-----. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 . Design capacity . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

40 . Maximum namemplate capacity . . . . . . . . . . . . . . . . . . .---. . . . . . . . . . .-----

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .----. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

41 . Primary control eff (%) . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 

r 

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39614 Federal Register/Vol . 67, No . 111 / Monday, June 10, 2002/Rul es and Regulations 

TABLE 2A.-DATA ELEMENTS THAT STATES MUST REPORT FOR POINT SOURCES-Continued 

Data elements 

42. Secondary control eff (%) . . . . . .. . . . . . . . . . . . . ._ .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 

43. Control device type . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . .----

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .----

. . . . . . . .. . .. . . . . . . . . . . . 

44. Rule effectiveness (%) .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-.---

. .. . . . . . . . . . . .--- . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 

TABLE 2B.-DATA ELEMENTS THAT 

STATES MUST REPORT FOR AREA 

AND NONROAD MOBILE SOURCES 

Data elements 

1 . Inventory year . . . . . . . . .. . . . . . . . . . . . . . 

2. Inventory start date . . . . . . . . . . . . . 

3. Inventory end date .. . . . . . . . . . . . . 

4. Inventory type . . . . . . . . .. . . . . . . . . . . . . . 

5. State FIPS code . . . . .. . . . . . . . .. . . . . 

6. County FIPS code . .. . . . . . . . . . . . . . 

7. SCC or PCC . . . . . . . . . . . . . . . . . . . . . . . . . 

8. Emission factor . . . . . . .. . . . . . . . . . . . . . 

9. Activity/throughput level (annual) . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

10. Total capturelcontrol efficiency (%) . . . . . .. . . . . . . . .. . . . . . . . . . . . . . 

11 . Rule effectiveness (%) . . . . . . . 

12. Rule penetration (%) . . . . . . . . . . 

13 . Pollutant code . . . . . . . . . . . . . . . . . . . . 

14 . Summer/winter work weekday emissions . .. . . . . . . . . . . . . . . . . . . . . 

15 . Annual emissions . . . . . . . . . . . . . . . 

16 . Winter throughput (%) . . . . . . . . 

17 . Spring throughput (%) . . . . . . . . 

18 . Summer throughput (%) . . . . . 

19 . Fall throughput (%) . . . . . . . . . . . . . 

20 . Hrslday in operation . . . . . . . . . . . 

21 . Days/wk in operation . . . . . . . . . 

22. Wkslyr in operation . . . . . . . . . . . . 

TABLE 2C.-DATA 

STATES MUST 

Every 3 

years 

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ELEMENTS 

REPORT 

ONROAD MOBILE SOURCES 

Data elements 

1 . inventory year . . . . . .. . . . . . . . . . . . . . . . . 

2. Inventory start date . . . . . . . . . . .. . . 

3. Inventory end date . . . . . . . . . . . .. . . 

4. Inventory type . . . . . . . . . . . . . . . . . . .. . . 

5. State FIPS code . . . . . . . . . . . . . . . .. . . 

6. County FIPS code . . . . . . . . . . . .. . . 

7. SCC or PCC . . . . . . . . . . . . . . . . . . . . .. . . 

8. Emission factor . . . . . . . . . . . . . . . . . .. . . 

9. Activity (VMT by Roadway 

Class) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 

10 . Pollutant code . . . . . . . . . . . . . . . . . .. . . 

11 . Summer/winter work weekday emissions . . . . . . . . . . . . . . . . . . . .. . . 

12 . Annual emissions . . . . . . . . . . . . . . 

THAT 

FOR 

Every 3 

years 

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TABLE 2D.-DATA ELEMENTS THAT 

STATES MUST REPORT FOR BIOGENIC SOURCES 

Data elements Every 3 

years 

1 . Inventory year . . . . . . . . . . . . . . . . .. . . I r 

TABLE 2D .-DATA ELEMENTS THAT 

STATES MUST REPORT FOR BIOGENIC SOURCES-Continued 

Data elements 

2. Inventory start date . . . . . . . . . . . . 

3. Inventory end date . . . . . . . . . . . . . . . 

4. Inventory type . . . . . . . . . . . .. . . . . . . . . . 

5. State FIPS code . . .. . . . . . . . . . . . . . . . 

6. County FIPS code . . . . . . . . . . . .- . . . 

7. SCC or PCC . . . . . .. . .. . . . . . . . . . . . . . . 

8. Pollutant code . . . . . . . . . . .. . . . . . . . . . . 

9. Summer/winter work weekday emissions . . . . . . . . . . . . . . . . . . . . . . 

10 . Annual emissions . . . . .. . . . . . . . . . 

Glossary 

Every 3 

years 

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Activity rate/throughput (annual)-A 

measurable factor or parameter that relates 

directly or indirectly to the emissions of an 

air pollution source . Depending on the type 

of source category, activity information may 

refer to the amount of fuel combusted, raw 

material processed, product manufactured, or 

material handled or processed. It may also 

refer to population, employment, number of 

units, or miles traveled . Activity information 

is typically the value that is multiplied 

against an emission factor to generate an 

emissions estimate. 

Activity rate/throughput (daily)-The 

beginning and ending dates and times that 

define the emissions period used to estimate 

the daily activity rate/throughput . 

Annual emissions-Actual emissions for a 

plant, point, or process-measured or 

calculated that represent a calendar year. 

Area sources-Area sources collectively 

represent individual sources that have not 

been inventoried as specific point, mobile, or 

biogenic sources. These individual sources 

treated collectively as area sources are 

typically too small, numerous, or difficult to 

inventory using the methods for the other 

classes of sources. 

Ash content-Inert residual portion of a 

fuel . 

Biogenic sources-Biogenic emissions are 

all pollutants emitted from nonanthropogenic sources. Example sources 

include trees and vegetation, oil and gas 

seeps, and microbial activity. 

Control device type-The name of the type 

of control device (e.g., wet scrubber, flaring, 

or process change). 

County FIPS Code-Federal Information 

Placement System (FIPS) is the system of 

unique numeric codes the government 

developed to identify States, counties and 

parishes for the entire United States, Puerto 

Rico, and Guam. 

Annual (Type A 

sources) 

. . . . . . .. . . . . . . . . . . . . . . . . . .. . . 

. . . . . . .. . . . . . . . . . . . . . . . . . . . . 

Every 3 years 

(Type B sources 

and NAAs) 

r 

r 

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Day/wk in operations-Days per week that 

the emitting process operates-average over 

the inventory period . 

Design capacity-A measure of the size of 

a point source, based on the reported 

maximum continuous capacity of the unit. 

Emission factor-Ratio relating emissions 

of a specific pollutant to an activity or 

material throughput level. 

Exit gas flow rate-Nunieric value of stack 

gas's flow rate . 

Exit gas temperature-Numeric value of an 

exit gas stream's temperature. 

Exit gas velocity-Numeric value of an exit 

gas stream's velocity, 

Facility ED code-Unique code for a plant 

or facility, containing one or more pollutantemitting sources. This is the data element in 

Appendix A, Table 2a, that is defined 

elsewhere in this glossary as a "point 

source". 

Fall throughput(%)-Part of the 

throughput for the three Fall months 

(September, October, November). This 

expresses part of the annual activity 

information based on four seasons-typically 

spring, summer, fall, and winter . It can be a 

percentage of the annual activity (e .g., 

production in summer is 40% of the year's 

production) or units of the activity (e .g ., out 

of 600 units produced, spring = 150 units, 

summer = 250 units, fall = 150 units, and 

winter = 50 units) . 

Heat content-The amount of thermal heat 

energy in a solid, liquid, or gaseous fuel . Fuel 

heat content is typically expressed in units 

of Btu/1b of fuel, Btu/gal of fuel, joules/kg of 

fuel, etc. 

Hr/day in operations-Hours per day that 

the emitting process operates-average over 

the inventory period. 

Inventory end date-Last day of the 

inventory period. 

Inventory start date-First day of the 

inventory period. 

Inventory type-Type of inventory 

represented by data (i .e ., point, 3-year cycle, 

daily). 

Inventory year-The calendar year for 

which you calculated emissions estimates. 

Lead (Pb)-As defined in 40 CFR 50 .12, 

lead should be reported as elemental lead 

and its compounds. 

Maximum nameplate capacity-A measure 

of a unit's size that the manufacturer puts on 

the unit's nameplate. 

Mobile source-A motor vehicle, nonroad 

engine or nonroad vehicle. 

. A "motor vehicle" is any self-propelled 

vehicle used to carry people or property on 

a street or highway. 

" A "nonroad engine" is an internal 

combustion engine (including fuel system) 

that is not used in a motor vehicle or vehicle 

only used for competition, or that is not 

affected by sections 111 or 202 of the CAA. 
Federal Register / Vol. 67, No. 111 / Monday, June 10, 2002 / Rules and Regulations 

" A "nonroad vehicle" is a vehicle that is 

run by a nonroad engine and that is not a 

motor vehicle or a vehicle only used for 

competition. 

PM (Particulate Matter)-Particulate matter 

is a criteria air pollutant. For the purpose of 

this subpart, the following definitions apply: 

(1) Primary PM. Particles that enter the 

atmosphere as a direct emission from a stack 

or an open source . It is comprised of two 

components: Filterable PM and Condensible 

PM. (As specified in § 51 .15 (a)(2), these two 

PM components are the components 

measured by a stack sampling train such as 

EPA Method 5 and have no upper particle 

size limit.) 

(2) Filterable PM: Particles that are directly 

emitted by a source as a solid or liquid at 

stack or release conditions and captured on 

the filter of a stack test train. 

(3) Condensible PM: Material that is vapor 

phase at stack conditions, but which 

condenses and/or reacts upon cooling and 

dilution in the ambient air to form solid or 

liquid PM immediately after discharge from 

the stack. 

(4) Secondary PM: Particles that form 

through chemical reactions in the ambient air 

well after dilution and condensation have 

occurred. Secondary PM is usually formed at 

some distance downwind from the source . 

Secondary PM should NOT be reported in 

the emission inventory and is NOT covered 

by this stibpart. 

(5) Primary PMz.s : Also PMz.s (or Filterable 

PMz.s and Condensible PM individually . 

Note that all Condensible PM is assumed to 

be in the PMz.s size fraction)-Particulate 

matter with an aerodynamic diameter equal 

to or less than 2.5 micrometers. 

(6) Primary PMIp: Also PM,o (or Filterable 

PM,o and Condensible PM individually)-

Particulate matter with an aerodynamic 

diameter equal to or less than 10 

micrometers. 

PCC-Process classification code. A 

process-level code that describes the 

equipment or operation which is emitting 

pollutants . This code is being considered as 

a replacement for the SCC. 

Physical address-Street address of a 

facility . This is the address of the location 

where the emissions occur; not, for example, 

the corporate headquarters . 

Point ED code-Unique code for the point 

of generation of emissions, typically a 

physical piece of equipment. 

Point source-Point sources are large, 

stationary (non-mobile), identifiable sources 

of emissions that release pollutants into the 

atmosphere. As used in this rule, a point 

source is defined as a facility that annually 

emits more than a "threshold" value as 

defined under § 51 .20. 

Pollutant code-A unique code for each 

reported pollutant assigned in the Emission 

Inventory Improvement Program (EIIP) Data 

Model. The EIIP model was developed to 

promote consistency in organizations sharing 

emissions data. The model uses character 

names for criteria pollutants and Chemical 

Abstracts Service (CAS) numbers for all other 

pollutants . You may be using SAROAD codes 

for pollutants, but you should be able to map 

them to the pollutant codes in the EIIP Data 

Model. 

Process ID code-Unique code for the 

process generating the emissions, typically a 

description of a process. 

Roadway class-A classification system 

developed by the Federal Highway 

Administration that defines all public 

roadways as to type . Currently there are four 

roadway types: (1) Freeway, (2) freeway 

ramp, (3) arterial/collector and (4) local. 

Rule effectiveness (RE)-How well a 

regulatory program achieves all possible 

emission reductions . This rating reflects the 

assumption that controls typically aren't 100 

percent effective because of equipment 

downtime, upsets, decreases in control 

efficiencies, and other deficiencies in 

emission estimates. RE adjusts the control 

efficiency . 

Rule penetration-The percentage of an 

area source category covered by an applicable 

regulation. 

SCC-Source classification code. A 

process-level code that describes the 

equipment and/or operation which is 

emitting pollutants . 

Seasonal activity rate/throughput A 

measurable factor or parameter that relates 

directly or indirectly to the pollutant season 

emissions of an air pollution source . 

Depending on the type of source category, 

activity information may refer to the amount 

of fuel combusted, raw material processed, 

product manufactured, or material handled 

or processed. It may also refer to population, 

employment, number of units, or miles 

traveled . Activity information is typically the 

value that is multiplied against an emission 

factor to generate an emissions estimate . 

Seasonal fuel heat content-The amount of 

thermal heat energy in a solid, liquid, or 

gaseous fuel used during the pollutant 

season. Fuel heat content is typically 

expressed in units of Btu/lb of fuel, Btu/gal 

of fuel, joules/kg of fuel, etc. 

Secondary control eff (%)-The emission 

reduction efficiency of a secondary control 

device . Control efficiency is usually 

expressed as a percentage or in tenths . 

SIC/NAICS-Standard Industrial 

Classification code . NAICS (North American 

Industry Classification System) codes will 

replace SIC codes. U.S . Department of 

Commerce's code for businesses by products 

or services . 

Site name-The name of the facility . 

Spring throughput (% )-Part of throughput 

or activity for the three spring months 

(March, April, May) . See the definition of 

Fall Throughput. 

Stack diameter-A stack's inner physical 

diameter. 

Stack height-A stack's physical height 

above the surrounding terrain. 

Stack ID code-Unique code for the point 

where emissions from one or more processes 

release into the atmosphere. 

Start time (hour)-Start time (if available) 

that you used to calculate the emissions 

estimates. 

State FIPS Code-Federal Information 

Placement System (FIPS) is the system of 

unique numeric codes the government 

developed to identify States, counties and 

parishes for the entire United States, Puerto 

Rico, and Guam. 

Sulfur content-Sulfur content of a fuel, 

usually expressed as percent by weight . 

39615 

Summer throughput(%)-Part of 

throughput or activity for the three summer 

months (June, July, August). See the 

definition of Fall Throughput . 

Summer/winter work weekday 

emissions-Average day's emissions for a 

typical day. Ozone daily emissions = summer 

work weekday; CO and PM daily emissions 

= winter work weekday. 

Total capture/control efficiency-The 

emission reduction efficiency of a primary 

control device, which shows the amount 

controls or material changes reduce a 

particular pollutant from a process' 

emissions. Control efficiency is usually 

expressed as a percentage or in tenths . 

Type A source-Large point sources with 

actual annual emissions greater than or equal 

to any of the emission thresholds listed in 

Table 1 for Type A sources. 

Type B source-Point sources with actual 

annual emissions during any year of the three 

year cycle greater than or equal to any of the 

emission thresholds listed in Table 1 for 

Type B sources. Type B sources include all 

Type A sources. 

VMT by Roadway Class-Vehicle miles 

traveled (VMT) expresses vehicle activity and 

is used with emission factors. The emission 

factors are usually expressed in terms of 

grams per mile of travel. Because VMT 

doesn't correlate directly to emissions that 

occur while the vehicle isn't moving, these 

nonmoving emissions are incorporated into 

the emission factors in EPA's MOBILE 

Model. 

VOC-Volatile Organic Compounds. The 

EPA's regulatory definition of VOC is in 40 

CFR 51 .100 . 

Winter throughput (%)-Part of throughput 

or activity for the three winter months 

(December, January, February, all from the 

same year, e.g ., Winter 2000 = January 2000 

+ February, 2000 + December 2000). See the 

definition of Fall Throughput. 

Wk/yr in operation-Weeks per year that 

the emitting process operates. 

Work Weekday-Any day of the week 

except Saturday or Sunday . 

X stack coordinate (latitude)-An object's 

north-south geographical coordinate . Y stack 

coordinate (longitude)-An object's east-west 

geographical coordinate . 

Appendix B to Subpart A of Part 51-

[Reserved] 

Subpart Q-[Amended] 

3. Section 51 .321 is revised to read as 

follows : 

§ 51 .321 Annual source emissions and 

State action report. 

The State agency shall report to the 

Administrator (through the appropriate 

Regional Office) information as 

specified in §§ 51.322 through 51 .326 . 

4. Section 51.322 is revised to read as 

follows: 

§51.322 Sources subject to emissions 

reporting. - 

The requirements for reporting 

emissions data under the plan are in 

subpart A of this part 51. 
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STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOA 

IN THE MATTER OF THE PETITION NO. EIB 04-05 

FOR HEARING ON PROPOSED REVISIONS 

TO 20.2.73 NMAC - NOTICE OF INTENT 

AND EMISSION INVENTORY 

AFFIDAVIT CERTIFYING NOTIFICATION 

I hereby certify that the Notice of Hearing (Attachment 1) in the above captioned case 

was e-mail and faxed to the New Mexico Registry and mailed via U.S. Postal Service to 

the comprehensive Environmental Improvement Board (Attachment 2) mailing list on 

July 15, 2004. 

Geraldine Madrid-Chavez 

Boards & Commissions 

Post Office Box 26110 

Santa Fe, NM 87502 

Telephone (505) 827-2425 

, CC.~... ~ 

Notary Public 

Commissioner Expires 

OFFICIAL SEAL 

Cleo C. Casteliano 

NOTARY T'1;f3LK STATE OF ~EK' SEkIC

~ )O 

~ My`orr^m~Y n Expires- ~ :6= ciT- 
New Mexico Commission of Public Records 

Administrative Law Division 

1205 Camino Carlos Rey 

Santa Fe, NM 87507 

505-476-7907 

Affidavit of Publication in the New Mexico Register 

I certify that the agency noted below has published legal notices or rules in the New Mexico 

Register, and that payment has been assessed by invoice for said legal notice or publication, 

which appeared on the date and in the volume and issue number noted below. 

Date of Publication : 7/30/2004 Agency: 

Volume: XV Issue # : 14 EIB - Air Quality Bureau 

Invoice # : NMR-2005- 21 Contact: Geraldine Madrid-Chavez 

1190 St Francis Dr 

Amount: $25 .50 Santa Fe, NM 87501- 

Description: 

Notice Notice of Public Hearing - Air Quality Regulations 

Administrative Law Division 

New Mexico Commission of Public Records 

Notice to Publishing Agency 

Date : 8/3/2004 

Enclosed are your agency's proof copies of the legal notices or rules which were published in the New 

Mexico Register. These document the fact that your Notice of Rulemaking, Proposed Rule, or 

Adopted Rule has been published in the New Mexico Register . 

Form SRC-2002-04 
New Mexico Register / Volume XV, Number 14 / July 30, 2004 

Notices of Rulemaking and Propos ed Rules 

NEW MEXICO BOARD OF 

ACUPUNCTURE AND 

ORIENTAL MEDICINE 

PUBLIC RULE HEARING & REGULAR 

MEETING NOTICE 

The New Mexico Board of Acupuncture 

and Oriental Medicine will convene a public rule hearing on Wednesday, September 

8, 2004. The hearing will begin at 9 a .m. at 

the State Capitol Building, 3rd Floor, Room 

303 in Santa Fe, New Mexico. The purpose 

of the rule hearing is to hear public testimony and comments regarding the proposed 

amendments and/or repeals and replacements to the rules and regulations : PART 1 

General Provisions, PART 2 Scope of 

Practice, PART 3 Application for Licensure, 

PART 4 Examinations, PART 5 Temporary 

Licensing, PART 6 Reciprocal Licensing, 

PART 7 Approval of Educational Programs, 

PART 8 License Renewal, PART 9 

Continuing Education, PART 10 Fees, 

PART 11 Licensee Business Offices and 

Administrative Requirements ; PART 12 

Grounds for Denial, Suspension or 

Revocation of License; PART 13 Complaint 

and Disciplinary Proceedings; PART 14 

Externship Certification and new rule PART 

15 Inactive Status ; New PART 16 Auricular 

Detoxification and PART 17 Licensure by 

Endorsement. 

A board meeting will follow the hearing . 

The board may go into executive session to 

discuss pending litigation, personnel or 

licensee matters. A final agenda for the 

board meeting will be available at the board 

office on September 7, 2004. Persons desiring to present their views on the proposed 

amendments may appear in person at said 

time and place or may submit written comments no later than 5 :00 p.m. on August 25, 

2004, to the board office, P.O. Box 25101, 

Santa Fe, NM, 87504. Copies of the proposed rule changes are available on through 

the board office and on the Board's website 

which is 

www.rld .state .nm.us/b&c/acupuncture 

(click on the "News" link) . 

If you are an individual with a disability 

who is in need of a reader, amplifier, qualified sign language interpreter, or any other 

form of auxiliary aid or service to attend or 

participate in the hearing or meeting, please 

contact the board administrator at 476-4627 

at least one week prior to the meeting or as 

soon as possible . Public documents, including the agenda and minutes, can be provided in various accessible formats . Please 

contact the board administrator if a summary or other type of accessible forrnat is 

needed . 

NEW MEXICO BOARD OF 

EXAMINERS FOR 

ARCHITECTS 

New Mexico Board of Examiners for 

Architects 

PO Box 509 

Santa Fe, NM 

505-827-6375 

Regular Meeting and Public Rules Hearing 

The New Mexico Board of Examiners for 

Architects will hold a regular open meeting 

of the Board in Santa Fe, New Mexico on 

Friday, August 6, 2004. The meeting will 

be held in the Conference Room of the 

Board office, Lamy Building, 491 Old Santa 

Fe Trail, beginning at 9:00 a.m. A public 

rules hearing will also be held to amend 

architectural rules . Content includes board 

responsibilities, ARE examination, continuing education, code of conduct and practice 

standards, and settlement agreements . 

Proposed rules are available on the board's 

web site www.nmbea.ore or at the Board 

office . 

If you are an individual with a disability 

who is in need of a reader, amplifier, qualified sign language interpreter, or other form 

of auxiliary aid or service to attend or participate in the meeting, please contact the 

Board Office at 827-6375 at least one week 

prior to the meeting. Public documents, 

including the agenda and minutes can be 

provided in various accessible formats . 

Please contact the Board Office if a summary or other type of accessible format is 

needed. 

THE NEW MEXICO 

ENVIRONMENTAL 

IMPROVEMENT BOARD 

THE NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT 

BOARD 

NOTICE OF PUBLIC HEARING - AIR 

QUALITY REGULATIONS 

The New Mexico Environmental 

Improvement Board will hold a public hearing on October 5, 2004 beginning at 9:30 

a.m. at the Dona Ana County Health 

Services Center, Room 1101, 1170 N. 

Solano, Las Cruces, New Mexico. Contact 

Geraldine Madrid-Chavez (505) 827-2425 

for a copy of the proposed agenda, which 

will be available after September 24, 2004, 

at the Environment Improvement Board's 

731 

office, Room N-2153, 1190 St . Francis 

Drive, P.O. Box 26110, Santa Fe, New 

Mexico 87502. 

The Board will hold a public hearing to consider proposed revisions to 20.2 .73 NMAC 

- Notice of Intent and Emissions Inventory 

Requirements . The proposed revisions to 

Part 2.73 will allow the New Mexico 

Environment Department to meet U.S . 

Environmental Protection Agency (EPA) 

emissions inventory requirements under the 

Consolidated Emissions Reporting Rule 

and the National Emissions Inventory Input 

Format. In addition, the revisions will 

allow the Department to collect more specific data regarding Hazardous Air 

Pollutants, and will correct a typographical 

error. Tlic proposcd amendments caa be 

found on the Department's web-site at 

nmenv.state .nm.us/aqb/prop_regs .html . 

You may also contact Geraldine MadridChavez (505) 827-2425 for a copy of the 

proposed regulations and concerning questions about this hearing . 

The hearing will be conducted in accordance with the Environmental Improvement 

Board's Rulemaking Procedures, 20 NMAC 

1 .1, the Environmental Improvement Act, 

Section 74-1-9 NMSA 1978, and other specific statutory procedures that may apply. 

All interested persons will be given a reasonable opportunity at the hearing to submit 

relevant evidence, data, views, and arguments, orally or in writing, to introduce 

exhibits, and to examine witnesses. Persons 

desiring to present technical testimony must 

file with the Board a written notice of intent 

to do so . The notice of intent shall : 

Identify the party of whom the witnesses 

will testify ; 

Identify each technical witness the party 

intends to present and state the qualifications of that witness, including a description 

of their educational and work background; 

Summarize or include a copy of the direct 

testimony of each technical witness and 

state the anticipated duration of the testimony; 

Include the text of any recommended modifications to the proposed regulatory 

change; and 

List and describe, or attach, all exhibits 

anticipated to be offered by that person at 

the hearing. 

The deadline for the notice of intent to present technical testimony is September 24, 
732 New Mexico Register / Volume XV, Number 14 / July 30, 2004 

2004. Notices of intent must be filed in the 

office of the Board and should state the date 

and title of the hearing, and the case number. Any person who wishes to submit a 

non-technical written statement in lieu of 

oral testimony may do so at or before the 

hearing without a prior filing . 

The Board may reconvene a meeting at the 

end of the hearing to take action on the proposal. 

If you are an individual with a disability and 

you require assistance or an auxiliary aid, 

e.g. sign language interpreter, to participate 

in any aspect of this process, please contact 

Judy Bentley by September 24, 2004 at the 

New Mexico Environment Department, 

1190 St. Francis Drive, P.O. Box 26110, 

Santa Fe, New Mexico 87502, (505) 827-

9R72 (TDD or TDY users rlease access her 

number via the New Mexico Relay 

Network. Albuquerque TDD users : (505) 

275-7333 ; outside of Albuquerque: 1-800-

659-1779 .) 

ss/ Ms. Gay Dillingham, Chair 

NEW MEXICO 

ENVIRONMENTAL 

IMPROVEMENT BOARD 

NEW MEXICO ENVIRONMENTAL 

IMPROVEMENT BOARD 

NOTICE OF PUBLIC HEARING TO 

CONSIDER PROPOSED 

AMENDMENTS TO THE 

CONVENIENCE STORE RULE IN 

TITLE 11, CHAPTER 5, PART 6 OF 

THE NEW MEXICO 

ADMINISTRATIVE CODE. 

The New Mexico Environmental 

Improvement Board (Board) will hold a 

public hearing on Septe .^.:be. 7 .rd 8, 2004 

at 9:30 a.m. at the New Mexico State 

Capitol Building, Room 317, at the comer 

of Don Gaspar and Paseo de Peralta, Santa 

Fe, New Mexico . The purpose of the hearing is to consider amendments to the 

Convenience Store rule in the Occupational 

Health and Safety Regulations, 11 .5 .6 

NMAC. The New Mexico Environment 

Department is the proponent of these 

amendments. The Board will also consider 

!ifting the stay of certain provisions of the 

;urrent Convenience Store rule that it grant-

;d by order on June 11, 2004. The hearing 

will address only the proposed amendments 

o the Convenience Store rule, issues relat-

:d to the proposed amendments raised by 

he general public, the related amendments 

o the Occupational Health and Safety rules 

lescribed below, and the lifting of the parial stay. The Board will not take comnents, testimony or evidence on other pro-

~isions of the Convenience Store rule or the 

Occupational Health and Safety rules at this 

hearing . 

The Department is proposing to amend the 

following provisions of the Convenience 

Store rule : 

11 .5 .6.7 (D) Definition of Convenience 

Store - the Department proposes to amend 

the definition to exclude businesses that 

operate primarily as hotels, taverns, lodging 

facilities, restaurants, stores that sell prescription drugs, gasoline service stations, 

grocery stores, supermarkets, and businesses that have more than 10,000 square feet of 

retail floor space. 

11 .5 .6 .7 (E) "Convenience goods" - the 

Department proposes to add a definition of 

convenience goods to the rule . 

11 .5 .6.8 (B) Employee training - the 

Department proposes to change employees' 

periodic mview of the written training curriculum and site-specific safety issues from 

every three months to every four months. 

In addition, employers will be allowed to 

keep employee training documentation outside of the store premises, but must make 

the documentation available within 48 

hours of a Department representative's 

request . 

11.5.6 .8 (C) Late night security measures 

- the rule currently requires stores operating 

between the hours of 5:00 p.m. and 5 :00 

a .m. to implement at least one of five late 

night security measures . The Department 

proposes to amend this provision so that the 

applicable late night security measures 

would only apply to stores operating 

between 11 :00 p .m. and 5:00 a .m. 

11 .5 .6.8 (E) Security Surveillance System 

- the Department proposes to remove from 

the rule provisions for exterior video surveillance . In addition, employers would be 

allowed to keep equipment maintenance 

documentation outside the store premises, 

but must make the documentation available 

within 48 hours of a Department representative's request . 

11 .5 .6.8 (F) Security Alarm System - the 

Department proposes to allow employers to 

keep equipment maintenance documentation outside the store premises, but make 

the documentation available within 48 

hours of a Department representative's 

request . 

11.5 .6.8 (G) Depository or Time lock safe 

- the Department proposes to allow 

employers to keep the required depository 

or time lock safe in an office adjacent to the 

service counter area, as well as in the service counter area. In addition, employers 

would be allowed to keep equipment main- , 

tenance documentation outside the store 

premises, but must make the documentation 

available within 48 hours of a Department 

representative's request. 

11 .5 .6 .8 (H) Cash Management - the 

Department proposes to raise the cash limit 

in cash registers from 50 dollars to 100 dollars. 

11.5 .6 .8 (I) Required Signs - the 

Department proposes to change the requirement that stores have a sign stating there is 

no more than 50 dollars in the cash register 

to no more than 100 dollars in the cash register. 

11 .5 .6 .8 (J) Pay Phones - the Department 

propose to remove the pay phone provision 

entirely. 

Additionally, the Department proposes to 

amend sections 11 .5 .1 .7, 13, 14, 15, 18, 19, 

and 23 of the New Mexico Administrative 

Code, Occupational Health and Safety regulations, so that those provisions will 

include references to the new Part 6. 

Please note, formatting changes to the regulations may occur. In addition, the Board 

may make other amendments as necessary 

to accomplish the purpose of providing 

safety and security for Convenience Store 

employees . 

The proposed amendments and the Board's 

order for a partial stay may be reviewed 

during regular business hours at the office 

of the Environmental Improvement Board, 

Harold Runnels Building, 1190 St . Francis 

Drive, Room N-2150 Santa Fe, NM, 87505. 

Copies of the proposed amendments to the 

rule may be obtained by contacting 

Geraldine Madrid-Chavez at (505) 827-

2425 or by email at 

Geraldine_Chavez@nmenv .state .nm.us . 

Please refer to Docket No. EIB 03-12. The 

proposed amendments to the rule can also 

be found on the New Mexico Environment 

Department website at 

http ://www .nmenv.state .nm.us and at 

http ://www.nmenv.state .nm.us/Ohsb VJebsi 

te/ohsb_ ome.htm. Written comments 

regarding the new regulations may be 

addressed to Ms. Madrid-Chavez at the 

above address, and should reference docket 

number EIB 03-12. 

The hearing will be conducted in accordance with 20.1 .1 NMAC (Rulemaking 

Procedures) Environmental Improvement 

Board, the Environmental Improvement 

Act, Section 74-1-9 NMSA 1978, and other 

applicable procedures. 

All interested persons will be given reasonable opportunity at the hearing to submit 

relevant evidence, data, views and arguments, orally or in writing, to introduce 

exhibits, and to examine witnesses. Any 

person who wishes to submit a non-technical written statement for the record in lieu 

of oral testimony shall file such statement 

prior to the close of the hearing . 

Persons wishing to present technical testi- 
ADMINISTRATIVE SERVICES DIVISION 

FINANCIAL SERVICES BUREAU 

INVOICE SUMlVIARY FORM 

FY2005 

TO: FINANCIAL SERVICES BUREAU - ACCOUNTS PAYABLE 

FROM: Air Quality Bureau CONTACT: Sandra Ortiz 

PHONE: 955-8065 

DATE: 9/30/2004 

SUBJECT: INVOICE SUMMARY FORM FOR PAYMENT OF INVOICES IN FY 2005 

VENDOR NUMBER: 850377498 

VENDOR NAME: ALBUQUERQUE PUBLISHING CO 

ADDRESS : ALBUQUERQUE JOURNAL 

ALBUQUERQUE NM 87199-5777 

PURCHASE DOC NO 05-064-500098 ENC. REVERSAL FULL: No PARTIAL: Yes 

INVOICE NUMBER: T113025901 & T113026201 INVOICE AMOUNT: $124.14 

COMIvI LN. : ORG. CODE: PROJECT CODE: PBB CODE : ACCOUNT (OBJECT) CODE: 

1 380540 0 P571 5046900 $124.14 

FUND: 064 NON TAXABLE: No TAXABLE: Yes FUNCTION: NONE 

I, OR WE, CERTIFY THAT THE ABOVE ARTICLES WERE RECEIVED IN GOOD CONDITION AFTER DUE INSPECTION THEREOF, OR THE SERVICES 

WERE RENDERED AS STATED, OR THE TRAVEL, AND RELATED COSTS WERE PERFORMED OR INCURRED: THAT THEY WERE NECESSARY ANP 

PROPER AND IN ACCORDANCE WITH ALL CONTRACTUAL OBLIGATIONS AND STATE (AND IF APPLICABLE FEDERAL) LEGISLATION, RULES, 

REGULATIONS, AND THAT THE AMOUNTS CLAIMED ARE .jUST AND REASONABLE AND THAT NO PART THEREOF HAS BEEN PAID. 

AUTHORIZED SIGNATURE: 

TITLE: Financial Specialist 

4R 1TEMS TIH4TEXCEED TSE BUREAIJ C'KIEF'S SIGNATfT.RE~1 ~TTHORlTY - -

Based on the review, recommendation, and certification above, I authorize payment as indicated. 

IAPPROVED: DATE: 

Signature Title 

/o_7-aaa ~t 

a05 S?0 
ALBUQUERQUE JOURNAL The Albuquerque Tribune 

(A Scripps-Howard Newspaper) Evenings 

Mornings and Sundays 

Albuquerque Publishing Company 

A VOI EISTA MENT 

D

VER I 

PAGE # BILLING PERIOD 

SIN IN 

ADVERTISERICLIENT NUMBER TOTAL AMOUNT DUE 

$151 21 

01 08101/04 08131/04 . C80980 

BILLING DATE ADVERTISERICLIENT NAME AMOUNT ENCLOSED 

" 08131 /04 C80980 N M DEPT OF ENVIRONMENT 

TERMS OF PAYMENT: DUE UPON RECEIPT 

' BILLED ACCOUNT NAME AND ADDRESS 

. 

1tEtRZTTx+NCS ADDRESS 

_ 

- N M DEPT OF ENVIRONMENT ALBUQUERQUE PUBLISHING COMPANY 

AIR QUALITY BUREAU P.O. BOX 95777 

2048 GALISTEO ST ALBUQUERQUE, NM 87199-5777 

SANTA FE NM 87505 

1208000908003737373737373737383104000301512100003000030a300047 

PLEASE DETACH AND RETURN UPPER PORTION WITH YO UR REMITTANCE 

NEWSPAPER REFERENCE DESCRIPTION-OTHER COMMENTS/CHARGES SAU SIZE AMOUNT 

DATE 

PUB PROD CLS START DATE CONTRACT LINAGE BILLED UNITS 

76 .42 

BALANCE FORWARD 

49 .35CR 

OS/09 0350050369 PMT FR IP 

0506450009/THE NEW MEXICO ENVI 1 .oX 130 .00L 

7 

57 .20 

OB/18 T113025901 

130 OL D 

JD LGLE 0000 D8/18 . 

3 .47 

TAX 

08/18 T113026201 05D6450D09/THE NEW MEXICO ENVI 1 .OX 136 .OOL 59 .B4 

JD LGLE 0000 OB/18 136 .01, 0 .44 

3 .63 

TAX TOTAL UE 151 .21 

PREVIOU AMOUNT OWED: 76 .42 

NEW CHARGE THIS PERIOD: 117 .04 

NEW TAXE THIS PERIOD : 7 .10 

CAS THIS PERIOD : 49 .35 

EBIT ADJUSTMENT THIS PERIOD : .OD . - 

' C DIT ADJUSTMENT THIS PERIOD : .00 _ . . - 

-NOTE- YOU HAVE AN AMOUNT THAT IS OVER 31 DAYS T DUE . IF YO 

HAVE ANY QUESTIO NS, CALL ACCOUNTING AT B23-3223 . _ 

.^ ~ hy ; Y~ `YI 

j, 

~.I . ..i, ,~ . , . I ` :'~ .*c5'lr. .w. .la ' 

STATEMENT OF ACCOUNT AGING OF PAST DUE AMOUNTS 

1-3D DAYS 31-6D DAYS 

$124 .14 $27.07 

.-.~-- 

61-9D DAYS OVER 9D DAYS ~ UNAPPLIED AMOUNT TOTAL AMOUNT DUE 

$0 00 $0.00 .OD $15121 

ALBUQUERQUE JOURNAL ALBUQUERQUE PUBLISHING COMPANY 

P .O. BOX 95777 Albuquerque, NM B7199-5777 

ADVERTISER INFORMATON 

BILLING PERIOD BILLED ACCOUNT NUMBER I 

08/01/04 08139/04 C80980 

TO PAY BY CREDIT CARD, CALL(505)823-3220 

TO PLACE YOUR RETAIL AD, CALL (505)823-3300 

TO PLACE YOUR CLASSIFIED AD, CALL (505)82311444 

THE ALBUQUERQUE TRIBUNE 

ADVERTISERICLIENT NUMBER ADVERTlSERICLENT NAME 

. CB0980 

TO INQUIRE ABOUT YOUR ACCOUNT BALANCE, CALL (505)823-3223 

N M DEPT OF ENVIRONMENT 

TERMS: IF PAYMENT IS NOT RECEIVED VTITHIN 

30 DAYS FROM STATEMENT DATE, A FINANCE 

CHARGE OF 1.5% (18% PER ANNM WILL BE 

ASSESSED 

TO SUBSCRIBE TO THE JOURNAL AND/OR TRIBUNE, CALL(505)823-4400 

WE ACCEPT MASTERCARD,VISA,AMERICAN EXPRESS AND DISCOVER CARD 

CB02STMT 
STATE OF NEW MEXICO 

County of Bernalillo SS 

THE NEW MEXICO 

ENVIRONMENTAL 

, IMPROVEMENT BOARD 

NOTICE OF PUBLIC HEARING -

AIR DUALITY REGULATIONS 

The New Mexico Environmental 

im provement Board wiii h,3L c 

public hearing on October 5, 2004 

beginning at 9:30 am. at the Dona 

Ana County Health Services Center, Room 1101, 1170 N. Solano, 

Las Cruces, New Mexico . Contact 

Geraldine Madrid-Chavez (505) 

827-2425 for a copy of the proposed agenda, which will be availabie after September 24, 2004, at 

the Environment Improvement 

Board's office, Room N-2153, 

1190 St. Francis Drive, P.O. Box 

26110, Santa Fe, New Mexico 

87502. 

The Board wig hold a public hearing to consider proposed revisions 

to 20.2.73 NMA~ - Notice of Intent 

and Emissions Inventory Requirements. The proposed revisions to 

Part 2.73 will al Pow the New Mexico Environment Department to 

meet U.S. Environmental Protection Agency (EPA) emissions inventory requirements under the 

Consolidated Emissions Reporting . 

Rule and the Natioriat .Emrssi6ns . 

Inventory Input F6rmat.ln addition, ; ; 

the revisions w71 allow-0 Depart-:! 

ment to collect more specific data,- 

regardin g ° Hazardous Air Poll 

ants, and will correct a typ Dgr"aph- : 

ical error. The. proposed amendments can be fou_nd .on the De- : 

p.arlment's web-site at 

nmenv.state .nm .uslaqb/ 

prop re gs.htm . You ~may also 

cont_ot Geraldine Madrid-Chavez . 

(5D5) B27-2425 for a .copy of the 

proposed regulations and conC-10 questions about this hearing: ' . . . . _ 

The hearing will be conducted fn 

accordance with the Environmental 

ent Board's Rulemaking 

s, 20 tJMAC 1 .1, the 

Environmental Improvement Act, 

Section 741-9 NMSA 1978, and 

other specific statutory procedures 

that may apply; ' 

All interested persons will be g~iven 

a reasonable opportunity at the 

hearing to submit relevant evidence, data, views,- and ar gUments, Dral~- or in writing, to infra 

duce exhlbifs and to examine wknesses. Persons desiring to present technicat testimony must file 

wRh the Board a wdtten notice of 

intent to do so., Th_ e nofice of intent 

shall: 

Identify the party of whom the v4tnesses will testrfy;, . , -- 

Identgy each technical witness the 

party mtends to present and state 

the qualffications of that witness; 

inciuding a desc~fofion of their educational and work background; 

Summafize or include e copy. of 

the direct testimony of each tectr 

nical witness and state the anticipated duration df-the testimony; . 

Bill Tafoya, being duly sworn, declares and says that he is Classified 

Advertising Manager of The Albuquerque Journal, and that this newspaper is 

duly qualified to publish legal notices or advertisements within the meaning of 

Section 3, Chapter 167, Session Laws of 1937, and that payment therefore has 

been made of assessed as court cost ; that the notice, copy of which is hereto 

attached, was published in said paper in the regular daily edition, for 

tion being on the X-t day of 

uent consecutive publications on 

, 20-. 

fore me, a Notary Public, in and 

for the County of Bernalillo and State of New Mexico this 

A'9 day of of 201i"N ~ 

PRICE 

Statement to come at end of month. ! 

OFFICIAL SEAL~ 

E±vrl J~, .Jrw 

ACCOUNT NUMBER . C, 5~ Is' CA a EL 

CLA-22-A (R-1/93) 

Include the 'text .df any recom" j 

mended, modifications to the .pro; :; 

posed regu)at0ryy change, aaQ ~ 

List and -Z escrlbe,. oP .attech, all 

exhibfts anticipated to be offered 

by that person at the headng . . . . 

The deadline for the notice of interd to present technical testimony 

is September 24, 20D4. Notices of 

intent must be filed in the office of 

the Board and should state .the 

date and title of the' hearing, and 

the case number. Any person who 

wishes to submit $ non-technical 

written statement in lieu of oral 

testimony may do so at or before 

the hearing without a prior filing . 

The Board .may~reconvene a 

meeting at the end of the hearing 

to take action on'the proposal., , 

H you are ari:iridividual with. a dis-~i 

ability and. yau re q ulre assistance 

or an auxiliary. Ni e.g . sign language interpreter to participate in 

any aspe ct of 1his!process, please 

contaot 

rot 

Bentley by Se ptember 24, 2004 at .the New tvlexico 

Environment De partment, 119D SL 

Francis Drive, .t'.0: Box 26110, 

Santa Fe; Ne.,w- Mexico 87502, 

(505) 827-QB72-(TDD .orTDY users please access her number via 

the New Mexico Relay Network. 

Albuquerque TOO; users: Z505) 

275-7333 ; .outsrde 

of 

Albuquerque: 

1-800-659-1779.) 

ss/ Ms. day. Djllingham,-Chalr ' , j 

Journal: August 18, 2004 ,, 
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0U "~ O O 
New Mexico Commission of Public Records 

Administrative Law Division 

1205 Camino Carlos Rey 

Santa Fe, NM 87507 

505-476-7907 

Affidavit of Publication in the New Mexico Register 

I certify that the agency noted below has published legal notices or rules in the New Mexico 

Register, and that payment has been assessed by invoice for said legal notice or publication, 

which appeared on the date and in the volume and issue number noted below. 

Date of Publication : 12/14/2004 

Volume: XV Issue # : 23 

Invoice # : NMR-200S- 167 

Amount: $52.50 

Description: 

Amendment 20.2 .73 NMAC 

Attest : 

Publisher 

Agency: 

EI3 - Air Quality 

Contact : Heather Lancour 

2044 Galisteo 

Santa Fe, NM 87505- 

Notice of Intent and Emissions Inventory Requireme 

Administrative Law Division 

New Mexico Commission of Public Records 

Notice to Publishing Agency 

Date: 12/14/2004 

Enclosed are your agency's proof copies of the legal notices or rules which were published in the New 

Mexico Register . These document the fact that your Notice of Rulemaking, Proposed Rule, or 

Adopted Rule has been published in the New Mexico Register . 

Form SRC-2002-04 
New Mexico Register / Volume XV, Number 23 / December 14, 2004 

20.11 .64 .14 MODIFICATIONS 

AND EXCEPTIONS: The following 

modifications or exceptions are made to the 

incorporated federal standards : 

A. [

A

..,., ...a en nFn 6 1 . 9 1 

fepFesent&6ve-] For purnoses of administering and enforcin{ 40 CFR 61 . the following 

modification or exception is made to the 

federal standards that are incorporated in 40 

CFR 61 . When the director of the 

Albuquerque environmental health deoartment is exercising the authority delegated to 

the director bythe United States environmental.,protection agency, the definition of 

"administrator" of the United States environmental protection agency that is included in 40 CFR 61 .02 Definitions, shall be 

changed to "director" of the Albuquerque 

environmental health department. 

B. [ Amend nn i'F° 634, 

tative-] For purposes of administering and 

enforcing 40 CFR 63 the following modification or exce~tion is made to the federal 

standards that are incorporated in 40 CER 

63 When the director of the Albuquerque 

environmental health department is exercisinq the authority delegated to the director by 

the United States environmental protection 

a¢ency, the definition of "administrator" of 

the United States environmental protection 

agency that is included in 40 CFR 63.2 . 

Definitions shall be changed to "director" 

of the Albuquerque environmental health 

department. 

C. Pursuant to 40 CFR 

63 .42(b), the effective date for the incorporation of 40 CFR 63, Sections 40 through 

44, shall be June 29, 1999. If the department does not have a program to adequately implement the provisions of Section 

112(g) of the Clean Air Act, all case-by-case 

MACT determinations made by the department shall be submitted in writing to the 

EPA regional administrator for concurrence . 

[~] All applicable MACT emission [4iftr 

] limitations and 

requirements shall be incorporated into [sivt 

pefmiE] all permits issued by the department. 

[1/l/2000; 20.11 .64 .14 NMAC - Rn, 20 

NMAC 11 .64.14, 10/1/02; A, 1/1/05] 

NEW MEXICO 

ENVIRONMENTAL 

IMPROVEMENT BOARD 

This is an amendment to 20.2 .73 NMAC 

Section 300, effective December 31, 2004. 

20 .2 .73.300 EMISSION INVENTORY REQUIREMENTS: 

A. Applicability . The 

requirements of 20.2 .73 .300 NMAC apply 

to the owner or operator of any stationary 

source located outside of Bemalillo county 

which: 

(1) has been issued a permit under 

20.2 .72 NMAC (Construction Permits) during any period of time, except for toxic air 

pollutant permits issued under Sections 401 

to 499 of 20.2 .72 NMAC; 

(2) is required to file a notice of 

intent under 20.2 .73 .200 NMAC; or 

(3) emits in excess of 1 ton of lead 

or 10 tons of total suspended particulate, 

PM10, PM2.5 , sulfur dioxide, nitrogen 

oxides, carbon monoxide, or volatile organic compounds in any calendar year including and subsequent to 1990. 

B. Reporting requirements. 

(1) Any source which emits, or 

has the potential to emit, 5 tons per year or 

more of lead or lead compounds, or 100 

tons per year or more of PM 10, PM2.5 , sulfur oxides, nitrogen oxides, carbon monoxide, or volatile organic compounds shall 

submit an emissions report annually. 

(2) Any source defined as a major 

source of hazardous air pollutants under 

20.2 .70 NMAC (Operating Permits) shall 

submit an emissions report annually. 

(3) Any source which is located in 

an ozone nonattainment area and which 

emits, or has the potential to emit, 25 tons 

per year or more of nitrogen oxides or 

volatile organic compounds shall submit an 

emissions report annually. 

(4) Any source which is not 

required by Paragraph (1), (2), or (3) of 

Subsection B of this section (20 .2 .73 .300 

NMAC) to submit an emission report shall 

submit an emissions report under this part 

upon request by the department, but no 

more frequently than annually. 

(5) Except as provided in 

Paragraph (8) of Subsection B of this section (20.2 .73 .300 NMAC), the department 

shall provide to the owner or operator 

required by this section (20.2 .73 .300 

NMAC) to submit an emissions report a 

complete copy of the most current emissions report for their stationary source 

which is on file with the department. The 

1061 

department shall provide this copy to the 

owner or operator at least 90 days prior to 

the date when the source is required to submit an emissions report. 

(6) The owner or operator shall 

submit to the department a complete, correct and current emissions report in the format specified by the department which 

reflects emissions during the previous calendar year. 

(7) Except as provided in 

Paragraph (8) of Subsection B of this section (20 .2 .73 .300 NMAC) the owner or 

operator shall submit the emission report by 

April 1 of each year in which the source is 

required to submit an emission report. 

(8) Sources for which a date for 

submitting an annual emission report is 

specified in a current operating permit 

issued under 20.2.70 NMAC (Operating 

Permits) shall submit such report on that 

date. The department shall provide a copy 

of the previous emissions report upon 

request by the owner or operator of such 

source . 

C. Content of emissions 

reports. Emissions report contents shall 

include: 

(1) the name, address, and physical location of the stationary source ; 

(2) the name and telephone number of the person to contact regarding the 

emissions report; 

(3) a certification signed by the 

owner, or operator, or a responsible official 

as defined in 20.2 .70 NMAC attesting that 

the statements and information contained in 

the emissions report are true and accurate to 

the best knowledge and belief of the certifying official, and including the full name, 

title, signature, date of signature, and telephone number of the certifying official ; for 

sources subject to 20.2 .70 NMAC, the certification shall be made as required under 

that part ; 

(4) smelters shall submit an annual report of sulfur input, in tons/year ; 

(5) for each emission point, as 

required by the department: 

(a) stack and exhaust gas parameters and location information ; 

(b) type of control equipment and 

estimated control efficiency ; 

(c) schedule of operation; 

(d) estimated actual emissions, 

including fugitive emissions and emissions 

occurring during maintenance, start-ups, 

shutdowns, upsets, and downtime of total 

suspended particulate, PM10, PM2.5 . 

ammonia , sulfur oxides, nitrogen oxides, 

carbon monoxide, volatile organic compounds, and lead, and, if requested by the 

department speciated hazardous air pollutants, in tons per year and a description of 

the methods utilized to make such estimates, including calculations ; 

(e) the annual process or fuel 
1062 New Mexico Register / Volume XV, Number 23 / December 14, 2004 

combustion rates ; and 

(f) the fuel heat, sulfur, and ash 

content ; and 

(6) all information required under 

the federal act . 

D. Additional content for 

emissions reports from sources in ozone 

nonattainment areas. Emissions reports 

from sources located in ozone nonattainment areas shall include, in addition to the 

contents specified by Subsection C of this 

section (20 .2 .73 .300 NMAC), the following 

information: 

(1) typical daily process rate during the peak ozone season, where the peak 

ozone season is specified by the department; and 

(2) estimated actual emissions of 

nitrogen oxides and volatile organic compounds, which shall be reported : 

(a) for each emissions point ; 

(b) for each process and fuel type 

contributing to emissions from each point ; 

(c) in units of tons per year for 

annual emissions ; and 

(d) in units of pounds per day for 

a typical day during the peak ozone season . 

E. Waiver of reporting 

requirements for insignificant emissions. 

The department may waive the requirements of Paragraph [f4}] W of Subsection 

C of this section (20.2 .73 .300 NMAC) for 

emissions which the department determines 

to be insignificant under 20.2 .70 NMAC, 

except that : 

(1) for sources in nonattainment 

areas, reporting of emissions of pollutants 

for which the area is nonattainment shall not 

be waived; and 

(2) reporting of emissions for 

which reporting is required under the federal act shall not be waived. 

F Emission tracking 

requirements for sulfur dioxide emission 

inventories . All stationary sources with 

actual emissions of one hundred (100) tons 

per year or more of sulfur dioxide in the 

year 2000, or in any subsequent year, shall 

submit an annual inventory of sulfur dioxide emissions, beginning with the 2003 

emission inventory. A source that meets 

these criteria that then emits less than 100 

tons per year in a later year shall submit a 

sulfur dioxide inventory for tracking compliance with the regional sulfur dioxide 

milestones until the western backstop sulfur 

dioxide trading program has been fully 

implemented and emission tracking has 

occurred under 20.2 .81 .106 NMAC. 

(1) All WEB sources will be subject to the following federally enforceable 

provisions : 

(a) submit an annual inventory of 

sulfur dioxide emissions ; 

(b) document the emissions monitoring/estimation methodology used, and 

demonstrate that the selected methodology 

is acceptable under the inventory program; 

(c) include emissions from start 

up, shut down, and upset conditions in the 

annual total inventory ; 

(d) use 40 CFR Part 75 methodology for reporting emissions for all sources 

subject to the federal acid rain program; 

(e) maintain all records used in 

the calculation of the emissions, including 

but not limited to the following : 

(i) amount of fuel consumed; 

(ii) percent sulfur content of fuel and how the content was determined; 

monitoring data; 

(iii) quantity of product 

(iv) emissions monitoring data ; 

(v) operating data; and 

(vi) how the emissions 

are calculated ; 

(t) maintain records of any physical changes to facility operations or equipment, or any other changes that may affect 

the emissions projections ; and 

(g) retain records for a minimum 

of ten years from the date of establishment, 

or if the record was the basis for an adjustment to the milestone, five years after the 

date of an implementation plan revision, 

whichever is longer. 

(2) The state shall retain emission 

inventory records for non-utilities for 1996 

and 1998 until the year 2018 to ensure that 

changes in emissions monitoring techniques 

can be tracked . 

NEW MEXICO 

DEPARTMENT OF 

GAME AND FISH 

This is an amendment to 19 .31 .6 NMAC 

Sections 12 and 18 . Effective date will be 

12/14/2004. 

19.31 .6.12 REQUIREMENTS 

AND PERMITS FOR BERNARDO AND 

CASA COLORADA LIGHT GOOSE 

HUNT: 

A. The Bemardo and Casa 

Colorada WMAs will be open for light 

goose hunting by permit only on December 

6, 8, 29, 31, and January 25, 27 and 29. 

B. Up to 32 permits, at 

Bemardo WMA, and up to 32 permits, at 

Casa Colorada, per hunting day, will be 

available (except Bernardo WMA on 

December 29; see Section 19 .31 .6 .13 

below). 

C. Applications for 

Bemardo/Casa Colorada light goose hunts 

shall be submitted on the appropriate application form. A six-dollar ($6 .00) application fee shall be required of each applicant. 

Up to four persons may apply per application . Applications for the LTG-0-105 hunt 

code must have a minimum of one adult and 

one youth hunter. Refer to the Hunting and 

Fishing License Application Rule (19.31 .3 

NMAC Section I1-Restrictions) for criteria 

qualifying an applicant for a youth hunt 

license . Applicants may designate up to 

three hunt choices. Only one choice may be 

awarded. The deadline date for application 

shall be on the second Saturday in 

September. All applications must be mailed 

to the Santa Fe office . Applications that 

have been mailed and postmarked by the 

deadline, but not delivered, will be accepted 

by the Santa Fe office up to five working 

days after that deadline . 

Hunt packages for the Bernardo 

and Casa Colorada light goose hunts. 

(B : refers to hunts on Bernardo 

WMA, C: refers to Casa Colorada WMA) 

LTG-O-101 B-12/6 C-1/27 

LTG-O-102 B-12/8 C-1/25 

LTG-0-103 B-12/31 C-12/8 

LTG-O-104 B-1/25 C-12/31 

LTG-O-105 B-1/29 C-12/29 

D. [RESERVED] 

E. While hunting light 

geese, hunters participating in this season 

must have in their possession a valid hunting license and a special permit issued by 

the department. 

F While hunting, hunters 

shall have in their possession only nontoxic 

shot. Only 25 rounds per hunter will be 

allowed at the blinds . 

G. Designated areas open 

for light goose 

] 

[hunting oft Bernafdo and 

by permit only are 

Bernardo WMA and Casa Colorada 

WMA-all open. 

[19 .31 .6 .12 NMAC - Rp, 19.31 .6 .12 

NMAC, 8-29-2004 ; A, 12-14-2004] 

19.31 .6 .18 REQUIREMENTS 

AND PERMITS FOR THE SPECIAL 

BERNARDO YOUTH/ADULT DUCK 

HUNTS: 

A. The Bernardo WMA 

ponds north of highway U.S . 60 will be 

open for duck hunting by permit only. 

B. Up to 12 permits will 

be available per hunting day. 

[Continued on page 1063] 
1.24.10 NMAC 

NMAC TRANSMITTAL FORM 

[Sequence # 

Environmental Improvement Board 

3. A44 eh-* Address 

P.O . Box 26110 

1190 St. Francis Drive, Santa Fe, New Mexico 87502 

Name Tracy Hughes phone # (505) 827-2750 FAX (505) 827-1628 

E-mail tracy_hughes@nmenv.state .nm.us 

New L_- ___J Amendment 

9. NMAC Nu 

~w

. _~ 

[Title- 

'20 

Renumber 0 Repeal U Emergency 0 

Chapter part 

2 73 

Title Chapter 

NMAC Name 

Part 

Environmental Protection Air Quality Notice of Intent and Emissions Inventory 

R uirements 

Expand emissions inventory requirements to include PM2.5 and ammonia, 

require location information for emission units, authorize the department to 

require speciation of hazardous air pollutants, and correct a typographical 

error . 

~Mcst~~:fili'iy dabe -fif applicable ) 

il / 25 / 2003 

No yes 0 

that allows tfie'IastiinQ Age=- to regulabe and the Issvliiy A 

e alf tl~at a

__. . ~. . . . . - - 

74-1-8 NMSA 1978; Chapter 74, Article 2 NMSA 1978 

>~ Title of Lssuin9 Auffarity (De>ega6ed.authority must be on flJe) 

Public domain 

L - ___ 1 

Check ff delegated 

authority 

Name: Gay Dillingham 

Title: 

/'/I 7,/,D~ 

Date sT ig 

W 

SRC-2000-02 

arxi m 
TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 73 NOTICE OF INTENT AND EMISSIONS INVENTORY REQUIREMENTS 

20.2.73.1 ISSUING AGENCY: Environmental Improvement Board. 

[11/30/95; 20.2 .73 .1 NMAC - Rn, 20 NMAC 2.73 .100 02/18/02] 

20.2 .73.2 SCOPE: All persons who own or operate a source or who intend to construct or modify a source . 

[11/30/95; 20.2 .73.2NMAC - Rn, 20 NMAC 2.73 .10102/18/02] 

20.2 .73.3 STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Section 74-1-

8(A)(4), and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 74-2-

7(A)(1) and (B). 

[11/30/95; 20.2 .73.3 NMAC - Rn, 20 NMAC 2.73.102 02/18/02] 

20.2.73.4 DURATION: Permanent. 

[11/30/95; 20.2 .73.4 NMAC - Rn, 20 NMAC 2.73.103 02/18/02] 

20.2.73.5 EFFECTIVE DATE: November 30, 1995 except where a later date is cited at the end of a 

section or paragraph. 

[11/30/95,10/01/97 ; 20.2 .73.5 NMAC - Rn, 20 NMAC 2.73.104 02/18/02] 

[The latest effective date of any section in this Part is December 31, 2004.] 

20.2.73.6 OBJECTIVE: The objective of this Part is to establish requirements for the submission of certain 

relevant information to ensure that the regulations and standards under the Air Quality Control Act and the Federal 

Act will not be violated . 

[11/30/95; 20.2 .73 .6 NMAC - Rn, 20 NMAC 2.73 .105 02/18/02] 

20.2 .73.7 DEFINITIONS: In addition to the terms defined in 20.2 .2 NMAC (Definitions), as used in this 

Part : 

A. "air pollution control equipment" means any device, equipment, process or combination thereof 

the operation of which would limit, capture, reduce, confine, or otherwise control air contaminants or convert for the 

purposes of control any air contaminant to another form, another chemical or another physical state; 

B. "commencement" means that an owner or operator has undertaken a continuous program of 

construction or modification; 

C. "construction" means fabrication, erection, installation or relocation of a stationary source, 

including but not limited to temporary installations and portable stationary sources; 

D. "emission report or inventory" means a listing, by source, of the amount of air pollutants 

discharged into the atmosphere of a community; 

E. "fugitive emissions" are those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally-equivalent opening; 

F. "modification" means any physical change in, or change in the method of operation of, a 

stationary source which results in an increase in the potential emission rate of any regulated air contaminant emitted 

by the source or which results in the emission of any regulated air contaminant not previously emitted, but does not 

include: 

(1) a change in ownership of the source; 

(2) routine maintenance, repair or replacement; 

(3) installation of air pollution control equipment, and all related process equipment and materials 

necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or 

pursuant to the federal Clean Air Act; or 

(4) unless previously limited by enforceable permit conditions ; 

(a) an increase in the production rate, if such increase does not exceed the operating design 

capacity of the source ; 

(b) an increase in the hours of operation; or 

20.2 .73 NMAC December 31, 2004 1 
(c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable 

of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural 

gas curtailment or emergency allocation or any other lack of supply of natural gas; 

G. "nonattainment area" means, for any air pollutant, an area which has been designated as a 

nonattainment area under Section 107 of the Federal Act; 

H. 'loperator" means the person or persons responsible for the overall operation of a facility; 

I. "owner" means the person or persons who own a facility or part of a facility; 

J. "part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico 

Administrative Code, unless otherwise noted; as adopted or amended by the board; 

Ic "portable stationary source" means a source which can be relocated to another operating site 

with limited dismantling and reassembly, including for example but not limited to moveable sand and gravel 

processing operations and asphalt plants ; 

L. "potential emission rate" means the emission rate of a source at its maximum capacity to emit a 

regulated air contaminant under its physical and operational design, provided any physical or operational limitation 

on the capacity of the source to emit a regulated air contaminant, including air pollution control equipment and 

restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be 

treated as part of its physical and operational design only if the limitation or the effect it would have on emissions is 

enforceable by the Department pursuant to the Air Quality Control Act or the Federal Act; 

M. "potential to emit" means the maximum capacity of a stationary source to emit any air pollutant 

under its physical and operational design ; any physical or operational limitation on the capacity of a source to emit 

an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or 

amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federally 

enforceable; the potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen ; 

N. "regulated air contaminant" means any air contaminant, the emission or ambient concentration 

of which is regulated pursuant to the New Mexico Air Quality Control Act or the Federal Act; 

O. "shutdown" means the cessation of operation of any air pollution control equipment, process 

equipment or process for any purpose, except routine phasing out of batch process units; 

P. "stationary source" or "source" means any building, structure, equipment, facility, installation 

(including temporary installations), operation or portable stationary source which emits or may emit any air 

contaminant; any research facility may group its sources for the purpose of this Part at the discretion of the Secretary 

of the Department; 

Q. "WEB source" means a stationary source that meets the applicability requirements of 20.2 .81 .101 

NMAC; 

R "western backstop sulfur dioxide trading program" means 20.2 .81 NMAC, triggered as a 

backstop in accordance with the provisions in the sulfur dioxide milestones and backstop trading program 

implementation plan, if necessary, to ensure that regional sulfur dioxide emissions are reduced. 

[11/30/95, 10/O1/97 ; 20.2 .73 .7 NMAC - Rn, 20 NMAC 2.73 .107 & A, 02/18/02; A, 12/31/03] 

20.2 .73.8 to 20.2 .73.105 [RESERVED] 

20.2.73.106 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This Part amends and 

supersedes Air Quality Control Regulation ("AQCR") 703 .1 - Notice of Intent and Emissions Inventory 

Requirements last filed May 29, 1990, as amended ("AQCR 703 .1 "). 

A. All references to AQCR 703 .1 in any other rule shall be construed as a reference to this Part. 

B. The amendment and supersession of AQCR 703.1 shall not affect any administrative or judicial 

enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant 

to AQCR 703.1 . 

[11/30/95; 20.2 .73 .106 NMAC - Rn, 20 NMAC 2.73.106 02/18/02] 

20.2 .73.107 to 20.2.73.199 [RESERVED] 

20.2.73.200 NOTICE OF INTENT: 

A. Applicability: 

(1) Any owner or operator intending to construct a new stationary source which has a potential 

emission rate greater than 10 tons per year of any regulated air contaminant or 1 ton per year of lead shall file a 

Notice of Intent with the Department. 

20.2 .73 NMAC December 31, 2004 2 
(2) Any owner or operator intending to modify a stationary source which either prior to or following 

the modification has a potential emission rate greater than 10 tons per year of any regulated air contaminant or 1 ton 

per year of lead shall file a Notice of Intent with the Department . 

(3) The requirements of 20 .2 .73 .200 NMAC do not apply to stationary sources or modifications 

located in Bernalillo County. 

(4) The Notice of Intent shall be filed prior to the commencement of construction. Construction shall 

not begin prior to issuance of a written determination by the Department that a permit is not required, or if a permit 

is required, prior to the issuance of the permit under 20.2 .72 NMAC, 20.2 .74 NMAC or 20.2 .79 NMAC. 

B. Contents of Notice: Notices of intent shall be filed on forms furnished by the Department, which 

shall be identical to the extent practicable, as those used for 20.2 .72 NMAC (Construction Permits) and shall 

include: 

(1) The applicant's name and address, the person to contact regarding the application, and the name 

and address of the new source or modification. 

(2) The date of the application. 

(3) A description of the new facility or modification including all operations affecting air emissions. 

(4) The anticipated operating schedule. 

(5) A map such as a 7.5 minute United States Geological Survey Topographic Quadrangle showing 

the location of the stationary source . 

(6) The nature and quantities of any regulated air contaminants the new source or modification will 

emit, including all calculations utilized to estimate emissions. 

(7) A description of any air pollution control device or method to be utilized, including the basis for 

the estimated control efficiency. 

(8) The stack and exhaust gas parameters for all emission points . 

(9) Any other relevant information as the Department may reasonably require. 

(10) Be signed under oath or affirmation by the operator, the owner, or an authorized representative, 

certifying to the best of his or her knowledge the truth of all information submitted. 

C. Review of Notice- Within thirty days from the date a notice is received, the Department shall 

review its content and by certified letter indicate to the applicant: 

(1) The notice is incomplete and indicate specific additional material or clarification required ; or 

(2) A permit is not required and construction may commence; or 

(3) A permit is required before construction may commence. For this case, the Department will 

indicate whether the application is complete with respect to the requirements of each applicable permit regulation 

and specify additional material or clarification required if it is not complete. 

D. Verification- In verifying information submitted in response to the requirements of this Part, the 

Department may: 

(1) Enter at all reasonable times in or upon any private or public property, except private residences, 

which the Department has reasonable cause to believe is or will become a source of air contaminants contributing to 

air pollution; and 

(2) Require the production of information relating to emissions which cause or contribute to air 

pollution, including the sampling of emissions in accordance with methods and at locations and intervals as may be 

prescribed by the Department. 

E. Notification Requirements: 

(1) The owner or operator of a portable stationary source shall notify the Department in writing of the 

date and site of any relocation at least fifteen days prior to its occurrence . 

(2) Any owner or operator of a stationary source which will be shut down for a period of one year or 

more shall notify the Department in writing of the actual date of shut down within thirty days after the shut down 

occurs. 

(3) Any new owner or operator of a stationary source shall notify the Department within thirty days 

of assuming ownership of his or her name and address. 

[11/30/95; 20.20.73 .200 NMAC - Rn, 20 NMAC 2.73 .200-204 02/18/02] 

20.2 .73.201 to 20.2 .73.299 [RESERVED] 

20.2 .73.300 EMISSION INVENTORY REQUIREMENTS: 

A. Applicability. The requirements of 20.2 .73.300 NMAC apply to the owner or operator of any 

stationary source located outside of Bernalillo County which: 

20.2 .73 NIviAC December 31, 2004 3 
(1) has been issued a permit under 20.2 .72 NMAC (Construction Permits) during any period of time, 

except for toxic air pollutant permits issued under Sections 401 to 499 of 20.2 .72 NMAC; 

(2) is required to file a Notice of Intent under 20.2 .73 .200 NMAC; or 

(3) emits in excess of 1 ton of lead or 10 tons of total suspended particulate, PM 10, PM2.5, sulfur 

dioxide, nitrogen oxides, carbon monoxide, or volatile organic compounds in any calendar year including and 

subsequent to 1990. 

B. Reporting requirements. 

(1) Any source which emits, or has the potential to emit, 5 tons per year or more of lead or lead 

compounds, or 100 tons per year or more of PM10, PM2.5, sulfur oxides, nitrogen oxides, carbon monoxide, or 

volatile organic compounds shall submit an emissions report annually. 

(2) Any source defined as a major source of hazardous air pollutants under 20.2.70 NMAC 

(Operating Permits) shall submit an emissions report annually. 

(3) Any source which is located in an ozone nonattainment area and which emits, or has the potential 

to emit, 25 tons per year or more of nitrogen oxides or volatile organic compounds shall submit an emissions report 

annually . 

(4) Any source which is not required by Paragraph (1), (2), or (3) of Subsection B of this section 

(20.2 .73.300 NMAC) to submit an emission report shall submit an emissions report under this Part upon request by 

the Department, but no more frequently than annually . 

(5) Except as provided in Paragraph (8) of Subsection B of this section (20.2 .73.300 NMAC), the 

Department shall provide to the owner or operator required by this section (20.2 .73.300 NMAC) to submit an 

emissions report a complete copy of the most current emissions report for their stationary source which is on file 

with the Department. The Department shall provide this copy to the owner or operator at least 90 days prior to the 

date when the source is required to submit an emissions report. 

(6) The owner or operator shall submit to the Department a complete, correct and current emissions 

report in the format specified by the Department which reflects emissions during the previous calendar year . 

(7) Except as provided in Paragraph (8) of Subsection B of this section (20.2 .73 .300 NMAC) the 

owner or operator shall submit the emission report by April 1 of each year in which the source is required to submit 

an emission report . 

(8) Sources for which a date for submitting an annual emission report is specified in a current 

operating permit issued under 20.2 .70 NMAC (Operating Permits) shall submit such report on that date. The 

Department shall provide a copy of the previous emissions report upon request by the owner or operator of such 

source . 

C. Content of emissions reports. Emissions report contents shall include: 

(1) the name, address, and physical location of the stationary source ; 

(2) the name and telephone number of the person to contact regarding the emissions report; 

(3) a certification signed by the owner, or operator, or a responsible official as defined in 20.2 .70 

NMAC attesting that the statements and information contained in the emissions report are true and accurate to the 

best knowledge and belief of the certifying official, and including the full name, title, signature, date of signature, 

and telephone number of the certifying official ; for sources subject to 20.2 .70 NMAC, the certification shall be 

made as required under that Part ; 

(4) smelters shall submit an annual report of sulfur input, in tons/year; 

(5) for each emission point, as required by the Department: 

(a) stack and exhaust gas parameters and location information; 

(b) type of control equipment and estimated control efficiency; 

(c) schedule of operation; 

(d) estimated actual emissions, including fugitive emissions and emissions occurring during 

maintenance, start-ups, shutdowns, upsets, and downtime of total suspended particulate, PM10, PM2.5, ammonia, 

sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead, and, if requested by the 

Department, speciated hazardous air pollutants, in tons per year and a description of the methods utilized to make 

such estimates, including calculations; 

(e) the annual process or fuel combustion rates; and 

(f) the fuel heat, sulfur, and ash content; and 

(b) all information required under the Federal Act. 

D. Additional content for emissions reports from sources in ozone nonattainment areas. 

Emissions reports from sources located in ozone nonattainment areas shall include, in addition to the contents 

specified by Subsection C of this section (20.2 .73.300 NMAC), the following information: 

20.2 .73 NMAC December 31, 2004 4 
(1) typical daily process rate during the peak ozone season, where the peak ozone season is specified 

by the Department; and 

(2) estimated actual emissions of nitrogen oxides and volatile organic compounds, which shall be 

reported: 

(a) for each emissions point; 

(b) for each process and fuel type contributing to emissions from each point; 

(c) in units of tons per year for annual emissions; and 

(d) in units of pounds per day for a typical day during the peak ozone season. 

E. Waiver of reporting requirements for insignificant emissions. The Department may waive the 

requirements of Paragraph (5) of Subsection C of this section (20.2 .73.300 NMAC) for emissions which the 

Department determines to be insignificant under 20.2 .70 NMAC, except that : 

(1) for sources in nonattainment areas, reporting of emissions of pollutants for which the area is 

nonattainment shall not be waived; and 

(2) reporting of emissions for which reporting is required under the Federal Act shall not be waived. 

F. Emission tracking requirements for sulfur dioxide emission inventories. All stationary sources 

with actual emissions of one hundred (100) tons per year or more of sulfur dioxide in the year 2000, or in any 

subsequent year, shall submit an annual inventory of sulfur dioxide emissions, beginning with the 2003 emission 

inventory. A source that meets these criteria that then emits less than 100 tons per year in a later year shall submit a 

sulfur dioxide inventory for tracking compliance with the regional sulfur dioxide milestones until the western 

backstop sulfur dioxide trading program has been fully implemented and emission tracking has occurred under 

20.2 .81.106 NMAC. 

(1) All WEB sources will be subject to the following federally enforceable provisions : 

(a) submit an annual inventory of sulfur dioxide emissions; 

(b) document the emissions monitoring/estimation methodology used, and demonstrate that the 

selected methodology is acceptable under the inventory program; 

(c) include emissions from start up, shut down, and upset conditions in the annual total 

inventory; 

(d) use 40 CFR Part 75 methodology for reporting emissions for all sources subject to the 

federal acid rain program; 

(e) maintain all records used in the calculation of the emissions, including but not limited to the 

following: 

(i) amount of fuel consumed; 

(ii) percent sulfur content of fuel and how the content was determined; 

(iii) quantity of product monitoring data ; 

(iv) emissions monitoring data ; 

(v) operating data; and 

(vi) bow the emissions are calculated; 

(f) maintain records of any physical changes to facility operations or equipment, or any other 

changes that may affect the emissions projections; and 

(g) retain records for a minimum of ten years from the date of establishment, or if the record 

was the basis for an adjustment to the milestone, five years after the date of an implementation plan revision, 

whichever is longer . 

(2) The state shall retain emission inventory records for non-utilities for 1996 and 1998 until the year 

2018 to ensure that changes in emissions monitoring techniques can be tracked. 

[11/30/95, 10/01/97 ; 2.20.73 .300 NMAC - Rn, 20 NMAC 2.73.300 - 304 02/18/02; A, 12/31/03 ; A, 12/31/04] 

HISTORY OF 20.2 .73 NMAC: 

Pre-NMAC History: The material in this Part was derived from that previously filed with the commission of 

public records - state records center and archives . 

EIB/AQCR 703 .1, Air Quality Control Regulation 703 .1 - Notice of Intent and Emissions Inventory Requirements, 

5/29/90. 

History of Repealed Material: [RESERVED] 

Other History: 

20.2 .73 NMAC December 31, 2004 5 
EIB/AQCR 703.1, Air Quality Control Regulation 703.1 - Notice of Intent and Emissions Inventory Requirements, 

filed 5129/90, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.73, 

Notice of Intent and Emissions Inventory Requirements, filed 10/30/95 . 

20 NMAC 2 .73, Notice of Intent and Emissions Inventory Requirements, filed 10/30/95, was renumbered, 

reformatted, amended and replaced by 20.2 .73 NMAC, Notice of Intent and Emissions Inventory Requirements, 

effective 02/18/02. 

20.2 .73 NMAC December 31, 2004 6 
STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

PETITION FOR HEARING, PROPOSED 

AMENDMENTS TO 20.2.73 NMAC - EIB 04-05 

NOTICE OF INTENT AND EMISSIONS 

INVENTORYREQUIREMENTS 

STATEMENT OF REASONS 

THIS MATTER having come before the Environmental Improvement Board (Board) 

upon the Petition of the New Mexico Environment Department (NMED) to amend the Notice of 

Intent and Emissions Inventory Requirements Regulation, 20.2 .73 NMAC, the Board hereby 

FINDS: 

I . The NMED filed its Petition for a Public Hearing to Propose Amendments to 

20.2 .73 NMAC, Notice of Intent and Emissions Inventory Requirements in Title 20, Chapter 2, 

Part 73 of the New Mexico Administrative Code on July 6, 2004. A copy of the proposed 

amendments was attached to the petition. 

2 . A hearing in this matter was scheduled for October 5, 2004. Notice of the Public 

Comment Period and Hearing for the proposed regulations was duly published in the New 

Mexico Register on July 30, 2004. 

3 . On September 21, 2004, NMED filed a Notice of Intent to Present Technical 

Testimony. The Notice of Intent listed three potential witnesses: Ms. Heather Lancour, Ms. 

Lany Weaver, and Ms. Mary Uhl. The Notice of Intent also included NMED's proposed 

exhibits. No other persons filed Notices of Intent to Present Technical Testimony. 

4 . A hearing was duly convened in this matter on October 5, 2004, before a quorum 

of the Board. Ms. Gwen Wardwell, Board member, presided as the designated Hearing Officer. 

NMED Proposed Statement of Reasons 

Pa cra 1 nf h 
5. At the hearing, the NMED presented oral testimony and the following exhibits: 

Exhibit Title 

NMED Exhibit 1 Proposed 20.2 .73 NMAC (July 6, 2004) 

NMED Exhibit 2 Revised Proposed 20 .2 .73 NMAC 

NMED Exhibit 3 Direct Testimony of Heather Lancour 

NMED Exhibit 4 The U.S. Environmental Protection Agency 

Regulations on Consolidated Emissions Reporting 

Requirements (40 CFR Part 51) 

NMED Exhibit 5 The U.S. Environmental Protection Agency 

National Emissions Inventory Input Format - Point 

Sources, Revised November 2003 

6. The July 6, 2004 draft of the proposed amendments (NMED Exhibit 1) was 

replaced with a revised version of the proposed amendments dated October 5, 2004 (NMED 

Amendments) (NMED Exhibit 2) . The sole difference between the two documents is the 

inclusion of the typographical correction in NMED Exhibit 2, which is discussed further below. 

7. Ms. Heather Lancour, Emissions Inventory Specialist for the Atmospheric 

Dispersion Modeling Section of the NMED Air Quality Bureau, provided technical testimony in 

support of NMED's proposed amendments. Ms. Lancour submitted written testimony (NMED 

Exhibit 3) and oral testimony. Ms . Mary Uhl answered questions from the Board. No other 

persons presented testimony. 

8. As Ms. Lancour testified, the NMED Amendments will enable the Department to 

meet U.S . Environmental Protection Agency (EPA) emissions inventory requirements, collect 

more specific data regarding Hazardous Air Pollutants, and correct a typographical error. 

(NMED Exhibit 3). 

9. The NMED Air Quality Bureau (AQB) conducts annual, statewide emissions 

inventories under 20.2 .73 NMAC - Notice of Intent and Emissions Inventory Requirements (Part 

NMED Proposed Statement of Reasons 

P61 RP I nf A 
73). An emissions inventory is a compilation of permitted sources, their estimated annual 

emissions to the air, and their operational data. (NMED Exhibit 3). 

10. The emissions inventory is used to develop planning tools, provide data for air 

dispersion modeling, measure progress in reducing emissions, and provide input for air quality 

management projects, such as regional haze and non-attainment areas . The emissions inventory 

is also used to track air quality trends . (NMED Exhibit 3). 

11 . The AQB is required to submit the annual emissions inventory to the EPA. EPA 

regulates states' emissions inventory submittals in the Consolidated Emissions Reporting Rule 

(CERR) (NMED Exhibit 4). The CERR lists data elements that must be included for each 

facility, as well as which pollutants the reporting agency must include in its emissions inventory. 

EPA finalized the CERR in June 2003. (NMED Exhibit 3) . 

12. The National Emissions Inventory Input Format (NIF) is a reporting format that 

states use to submit their emissions inventories to the EPA (NMED Exhibit 5). The NIF 

specifies the format of each required data element in the emissions inventory. The NIF was 

revised in November 2003. (NMED Exhibit 3). 

13 . The NMED Amendments include the following changes for the following 

reasons : 

A. Reporting of emissions of particulate matter with an aerodynamic diameter equal 

to or less than 2.5 micrometers (PM2 .5). The EPA amended its reporting requirements for states 

under the CERR in 2003 . The amendments added PM2.5 to the list of emissions that states must 

report to the EPA. EPA added PM2.5 to its list because it recently established a National 

Ambient Air Quality Standard (NAAQS) for PM2.5 . State emissions inventories are required to 

NMED Proposed Statement of Reasons 

'Do RP '2 nfF 
include all NAAQS pollutants. PM2.5 is also a major contributor to visibility impairment . 

(NMED Exhibit 3). 

B. Reporting of location information for emissions points in Section 300.C(5)(a). 

The NMED adds location information requirements to Part 73 because as technology for 

measuring point locations has become more refined, NIF requirements for reporting the location 

of emissions points have increased. EPA will use the additional location information in national 

modeling analyses for federal rulemaking. (NMED Exhibit 3). 

C. Reporting of ammonia emissions in Sections 300.B(1) and 300 .C(5)(d). The EPA 

amended its reporting requirements for states under the CERR in 2003 . The amendments added 

ammonia to the list of emissions that states must report to the EPA. Ammonia is a precursor to 

PM2.5 . (NMED Exhibit 3). 

D. Authorization for the Department to require information regarding emissions of 

individual (speciated) Hazardous Air Pollutants (HAPs). Major sources (which emit more than 

10 tons per year of any single HAP or 25 tons per year of total HAPs) currently report total HAP 

emissions rather than the emissions of individual HAPs. By authorizing the NMED to require 

speciated reporting of HAPs, the AQB will be able to analyze specific HAP emissions and 

predict specific HAP concentrations to determine health risks throughout the state. In addition, 

the NMED will be able to verify that HAP-specific emissions limitations are met. (NMED 

Exhibit 3). 

E. Correction of a typographic error that was created when the regulation was 

revised for regional haze. The typographic error resulted when the EIB added a requirement for 

smelters to report sulfur content under Section 300.C(4) and renumbered what had been C(4) to 

C(5). As a result of these changes, the reference in Section 300.E to 300.C(4) became incorrect. 

NMED Proposed Statement of Reasons 

Pa m- d nf h 
Section 300.E should now refer to 300.C(5). This change was inadvertently omitted from the text 

of the proposed regulations in NMED Exhibit 1 and was included in NMED Exhibit 2 . (NMED 

Exhibit 3). 

14. The NMED requested that the Board adopt the proposed revisions to 20.2 .73 

NMAC and approve the amendment to the New Mexico State Implementation Plan (SIP) to 

incorporate the resulting regulatory changes. The NMED also requested that it be granted 

permission to correct typographical errors in the new language, if found, and make any 

additional non-substantive formatting changes requested by the State Records and Archives 

Center prior to filing the rule . 

The Board hereby CONCLUDES : 

1 . The Board has the authority under NMSA 1978, §74-2-5 (1995) to (1) promulgate 

regulations consistent with the Air Quality Control Act requiring any person emitting any air 

contaminant to submit reports regarding the nature and amounts of emissions and (2) to adopt a 

plan for the regulation, control, prevention or abatement of air pollution. 

2. Recent amendments to the CERR and the NIF necessitate corresponding 

amendments to the NMED regulations and SIP. 

3. The NMED Amendments to the Emissions Inventory Regulations are in the 

public interest, because they satisfy the requirements of the CERR and NIF, because they enable 

the NMED to develop facts and make studies consistent with the Air Quality Control Act, and 

because they correct a typographical error in the current regulations. 

4. The NMED Amendments are reasonable given their usefulness in studying and 

providing facts to assess and develop measures to address the character and degree of injury to or 

interference with health, welfare, visibility and property caused by air pollution. 

NMED Proposed Statement of Reasons 

PacrP S nf h 
5 . The NMED Amendments are technically practicable and economically 

reasonable. 

6. The New Mexico SIP should be amended to incorporate the NMED Amendments 

the Board approves in this Order. 

7. The Board unanimously adopts the NMED Amendments as proposed by the 

NMED (NMED Exhibit 2) and approves the amendment of the New Mexico SIP to incorporate 

the NMED Amendments and any appropriate formatting or other non-substantive changes 

necessary to file these regulations with the New Mexico State Records Center. 

8. The effective date of the regulations and SIP amendment will be no sooner than 

thirty days after the filing of the NMED Amendments under the State Rules Act. 

The Board therefore ORDERS: 

1 . The amended Emissions Inventory Regulations as proposed by the Department 

(NMED Exhibit 2), to be codified in Title 20, Chapter 2, Part 73 NMAC and any appropriate 

formatting or other non-substantive changes necessary to file these regulations with the New 

Mexico State Records Center, are hereby adopted. 

2. The New Mexico SIP is hereby amended to incorporate the NMED Amendments 

approved in this Order. 

3 . The amendments will become effective on December 31, 2004 . 

APPROVED 

-.-,/ ___ kN11, 

Gay Dillingham 

Chairperson 

Environmental Improvement Bo d 

Dated this /15 day of (J-CA- , 2004. 

NMED Proposed Statement of Reasons 

Pa crn h nf 7