Bill Richardson 

Governor 

State of New Mexico 

office if tfie Governor 

August 27, 2009 

Mr. Lawrence E. Starfield 

Acting Regional Administrator 

United States Environmental Protection Agency, Reg. 6 

1445 Ross Avenue 

Suite 1200 

Dallas, TX 75202 

Dear Mr. Starfield: 

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On behalf of the New Mexico Environment Department (NMED), I am pleased to submit to the 

Environmental Protection Agency (EPA) the enclosed set of amended state rules as support for a 

request for delegation of authority for certain federal New Source Performance Standards 

(NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), and Maximum 

Achievable Control Technology (MACT) standards. This submittal constitutes an amendment to 

the New Mexico State Implementation Plan (SIP). 

On July 7, 2009, the New Mexico Environmental Improvement Board adopted amendments to 

the following Parts of the New Mexico Administrative Code (NMAC): 

20.2.77 NMAC - New Source Performance Standards (amended to incorporate by 

reference federal requirements promulgated by EPA between December 1, 2006 and 

January 31, 2009), and 

20.2.78 NMAC - Emission Standards for Hazardous Air Pollutants (amended to 

incorporate by reference federal requirements promulgated by EPA between December 1, 

2006 and January 31, 2009), and 

20.2.82 NMAC - Maximum Achievable Control Technology Standards for Source 

Categories of Hazardous Air Pollutants (amended to incorporate by reference federal 

requirements promulgated by EPA between December 1, 2006 and January 31, 2009). 

NMED seeks delegation of authority from EPA for NSPS, NESHAP, and MACT standards for 

the time periods indicated above, and in doing so, provides the following statements pursuant to 

the requirements of 40 CPR 63.91(d)(2). EPA approved NMED's program for receiving 

delegation of existing and future Clean Air Act Section 112 standards when it granted final 

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State Capitol • Room 400 • Santa Fe, New Mexico 87501 • 505-476-2200 • www.governor.state.nm.us 
-------------

Page2 

August 27, 2009 

interim approval to our Title V program on November 18, 1994. NMED reaffirms that it still 

meets the criteria for receiving delegation of Section 112 standards. NMED is seeking 

delegation ofNSPS, NESHAP and MACT Standards for both Title V and non-Title V sources. 

The hearing record for all of the SIP revisions is attached, which includes the filed regulations, 

transcripts, exhibits, public notices, affidavits of publication, the notice of intent to testify, and 

public comments. 

The State of New Mexico looks forward to EPA's approval of the above-mentioned delegation 

request. If you have any questions regarding this submittal, please contact Richard Goodyear of 

NMED's Air Quality Bureau at (505) 476-4305. 

BR/fl 

cc: Tom Diggs, EPA Region 6 

Ron Curry, NMED Secretary 

Sincerely, 

Bill Richardson 

Governor of New Mexico 

Jim Norton, NMED Environmental Protection Division Director 

Mary Uhl, NMED Air Quality Bureau Chief 
! ', 

NMAC TRANSMITTAL FORM 

Name Adam Keaster I Phone# ·I (505) 476-5559 j FAX .I (505) 476-4375 

E-mail adam.keaster@.state.nm.us 

Please list attachments 

and Internet site(s) if 

applicable 

YesD 

Name: Gregory Green 

Title: 

SRC-2000-02 

5/26/2000 

1. htto://www.eoa.gov/fedrgstr/ 

2. 

3. 

Public domain 0 

Check if delegated 

authority D 

8k ./J~ o7 

Date Signed ' 

,J 
TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 77 NEW SOURCE PERFORMANCE STANDARDS

20.2.77.1 ISSUING AGENCY: New Mexico Environmental Improvement Board. 

[06/16/95; 20.2.77.1 NMAC - Rn, 20 NMAC 2.77.100 06/23/00] 

20.2.77.2 SCOPE: Any stationary source constructing or modifying and which is subject to the 

requirements of 40 CFR Part 60, as amended through January 31, 2009. 

[06/16/95, 11-19-97, 9-8-99; 20.2.77.2 NMAC - Rn 20 NMAC 2.77.101 & A, 06/23/00; A, 02/18/02; A, 06/13/03; 

A, 06/15/07; A, 08/17/09] 

20.2.77.3 STATUTORY AUTHORITY: The environmental improvement board “shall promulgate 

regulations and standards in...air quality management” (NMSA 1978, Section 74-1-8.A) and “regulations adopted 

by the environmental improvement board...shall...ensure that regulations and standards under...the federal act will 

not be violated.” (NMSA 1978, Section 74-2-7.B). 

[06/16/95; 20.2.77.3 NMAC - Rn, 20 NMAC 2.77.102 06/23/00] 

20.2.77.4 DURATION: Permanent. 

[06/16/95; 20.2.77.4 NMAC - Rn, 20 NMAC 2.77.103 06/23/00] 

20.2.77.5 EFFECTIVE DATE: June 16, 1995, except where a later date is cited at the end of a section or 

paragraph. 

[06/16/95, 08/02/96; 20.2.77.5 NMAC - Rn, 20 NMAC 2.77.104 6/23/00] 

[The latest effective date of any section in this part is June 15, 2007] 

20.2.77.6 OBJECTIVE: The objective of Part 77 of Chapter 2 is to adopt or establish state authority to 

implement new source performance standards for stationary sources in New Mexico subject to 40 CFR Part 60. 

[06/16/95; 20.2.77.6 NMAC - Rn, 20 NMAC 2.77.105 06/23/00] 

20.2.77.7 DEFINITIONS: [RESERVED] 

[20.2.77.7 NMAC - N, 06/23/00] 

20.2.77.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This part amends and 

supersedes Air Quality Control Regulation (AQCR) 750, last filed on April 10, 1994. All references to AQCR 750 

in any other rule shall be understood as a reference to this part. 

[06/16/95; 20.2.77.8 NMAC - Rn, 20 NMAC 2.77.106 06/23/00] 

20.2.77.9 ADOPTION OF 40 CFR PART 60: Except as otherwise provided, the new source performance 

standards as promulgated by the United States environmental protection agency, 40 CFR Part 60, as amended in the 

Federal Register through January 31, 2009 are hereby incorporated into this part [20.2.77 NMAC]. 

[06/16/95, 08/02/96, 11/19/97, 09/08/99; 20.2.77.9 NMAC - Rn 20 NMAC 2.77.107 & A, 06/02/00; A, 02/18/02; A, 

06/13/03; A, 06/15/07; A, 08/17/09] 

20.2.77.10 MODIFICATIONS AND EXCEPTIONS: The following modifications or exceptions are made 

to the incorporated federal standards. 

A. Amend 40 CFR Part 60, Section 60.2, Definitions, as follows: For the purposes of delegation of 

authority which the administrator of the United States environmental protection agency may, in his discretion, 

delegate to the secretary of the New Mexico environment department, “administrator” means the secretary of the 

department or his authorized representative. 

B. Exclude 40 CFR - Part 60, Subpart AAA - Standards of Performance for New Residential Wood 

Heaters. 

C. The federal standards of performance incorporated by this regulation shall not be subject to 

NMSA 1978, Section 74-2-8 (Variances). 

D. Exclude 40 CFR Part 60, Subpart HHHH, Emission Guidelines and Compliance Times for CoalFired Electric Steam Generating Units. 

20.2.77 NMAC 1
20.2.77 NMAC 2

[06/16/95; 20.2.77.10 NMAC - Rn, 20 NMAC 2.77.108 06/23/00; A, 06/15/07] 

20.2.77.11 DOCUMENTS: Documents incorporated and cited in this Part may be viewed at the New 

Mexico environment department, air quality bureau, 1301 Siler Road, Building B, Santa Fe NM, 87507. 

[06/16/95; 20.2.77.11 NMAC - Rn, 20 NMAC 2.77.109 06/23/00; A, 08/17/09] 

HISTORY OF 20.2.77 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 750, Air Quality Control Regulation 750 - New Source Performance Standards, 07/24/84. 

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, 08/18/87. 

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, 07/07/88. 

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, 04/27/89. 

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, 05/29/90. 

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, 04/22/91. 

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, 04/14/92. 

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, 04/21/93. 

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, 04/12/94. 

History of Repealed Material: [RESERVED] 

Other History:

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, filed 04/12/94 was

renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.77, New Source 

Performance Standards, filed 05/17/95. 

20 NMAC 2.77, New Source Performance Standards, filed 05/17/95, was renumbered, reformatted, amended 

and replaced by 20.2.77 NMAC, New Source Performance Standards, effective 06/23/00. 
NMAC TRANSMITTAL FORM 

Name 

E~rnail adam.keaster@.state.nm.us 

New D Amendment [!] Renumber D Repeal D Emergency D 

Please list attachments 

and Internet site(s) if 

applicable 

YesD 

Name: Gregory Green 

Title: 

SRC-2000-02 

5/26/2000 

1. http:l/www.epa.gov/fedrastr/ 

2. 

3. 

8/17/09 

Public domain 0 

Check if delegated 

authority D 

()/:nP;. tJ 9 

Date Signed. , 
TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 78 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

20.2.78.1 ISSUING AGENCY: New Mexico Environmental Improvement Board. 

[06/16/95; 20.2.78.1 NMAC - Rn, 20 NMAC 2.78.100 06/23/00] 

20.2.78.2 SCOPE: All sources emitting hazardous air pollutants which are subject to the requirements of 

40 CFR Part 61, as amended through January 31, 2009. 

[06/16/95, 11/19/97, 09/08/99; 20.2.78.2 NMAC - Rn 20 NMAC 2.78.101 & A, 06/23/00; A, 02/18/02; A, 06/08/07; 

A, 08/17/09] 

20.2.78.3 STATUTORY AUTHORITY: The environmental improvement board “shall promulgate 

regulations and standards in...air quality management” (NMSA 1978, Section 74-1-8.A) and “regulations adopted 

by the environmental improvement board...may...prescribe standards of performance for sources and emissions 

standards for hazardous air pollutants...” (NMSA 1978, Section 74-2-5.C). 

[06/16/95; 20.2.78.3 NMAC - Rn, 20 NMAC 2.78.102 06/23/00] 

20.2.78.4 DURATION: Permanent. 

[06/16/95; 20.2.78.4 NMAC - Rn, 20 NMAC 2.78.103 06/23/00] 

20.2.78.5 EFFECTIVE DATE: June 16, 1995, except where a later date is cited at the end of a section or 

paragraph. 

[06/16/95, 08/02/96; 20.2.78.5 NMAC - Rn, 20 NMAC 2.78.104 06/23/00] 

[The latest effective date of any section in this part is June 8, 2007] 

20.2.78.6 OBJECTIVE: The objective of Part 78 of Chapter 2 is to adopt or establish state authority to 

implement emission standards for hazardous air pollutants in New Mexico subject to 40 CFR Part 61. 

[06/16/95; 20.2.78.6 NMAC - Rn, 20 NMAC 2.78.105 06/23/00] 

20.2.78.7 DEFINITIONS: [RESERVED]

[20.2.78.7 NMAC - N, 06/23/00] 

20.2.78.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This part amends and 

supersedes Air Quality Control Regulation (AQCR) 751, last filed on April 10, 1994. All references to AQCR 751 

in any other rule shall be understood as a reference to this part. 

[06/16/95; 20.2.78.8 NMAC - Rn, 20 NMAC 2.78.106 06/23/00] 

20.2.78.9 ADOPTION OF 40 CFR PART 61: Except as otherwise provided, the national emission 

standards for hazardous air pollutants as promulgated by the United States environmental protection agency, 40 CFR 

Part 61, as amended in the Federal Register through January 31, 2009 are hereby incorporated into this part [20.2.78 

NMAC]. 

[06/16/95, 08/02/96, 11/19/97, 09/08/99; 20.2.78.9 NMAC - Rn 20 NMAC 2.78.107 & A, 06/23/00; A, 02/18/02; A, 

06/08/07; A, 08/17/09] 

20.2.78.10 MODIFICATIONS AND EXCEPTIONS: The following modifications or exceptions are made 

to the incorporated federal standards: 

A. amend 40 CFR Part 61, Section 61.02, Definitions, as follows: For the purposes of delegation of 

authority which the Administrator of the United States environmental protection agency may, in his discretion, 

delegate to the secretary of the New Mexico environment department, “administrator” means the secretary or his 

authorized representative. 

B. exclude 40 CFR Part 61, Subparts B (National Emission Standards for Radon Emissions from 

Underground Uranium Mines), H (National Emission Standards for Emissions of Radionuclides Other Than Radon 

from Department of Energy Facilities), I (National Emission Standards for Radionuclide Emissions from Facilities 

Licensed by the NRC and Federal Facilities not covered by Subpart H), K ( National Emission Standard for 

Radionuclide Emissions from Elemental Phosphorus Plants), Q (National Emission Standards for Radon Emissions 

20.2.78 NMAC 1
20.2.78 NMAC 2

from Department of Energy Facilities), R (National Emission Standards for Radon Emissions from Phosphogypsum 

Stacks), T (National Emission Standards for Radon Emissions from the Disposal of Uranium Mill Tailings), and W 

(National Emission Standards for Radon Emissions from Operating Mill Tailings). 

C. the federal emission standards incorporated by this regulation shall not be subject to NMSA 1978, 

Section 74-2-8 [Variances] 

[06/16/95; 20.2.78.9 NMAC - Rn, 20 NMAC 2.78.108 06/23/00] 

20.2.78.11 DOCUMENTS: Documents incorporated and cited in this part may be viewed at the New 

Mexico environment department, air quality bureau, 1301 Siler Road, Building B, Santa Fe NM, 87507. 

[06/16/95; 20.2.78.11 NMAC - Rn, 20 NMAC 2.78.109 06/23/00; A, 08/17/09] 

HISTORY OF 20.2.78 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 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

07/24/84. 

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

08/18/87. 

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

07/07/88. 

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

04/27/89. 

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

05/29/90. 

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

04/22/91. 

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

04/14/92. 

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

04/21/93. 

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

04/12/94. 

History of Repealed Material: [RESERVED] 

Other History:

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants (filed 

04/12/94) was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.78, Emission 

Standards For Hazardous Air Pollutants, effective 06/16/95. 

20 NMAC 2.78, Emission Standards For Hazardous Air Pollutants (filed 05/17/95), was renumbered, reformatted, 

amended and replaced by 20.2.78 NMAC, Emission Standards For Hazardous Air Pollutants, effective 06/23/00. 
NMAC TRANSMITIAl FORM 

Name 

E-mail adam.keaster@.state.nm.us 

New D Amendment [Lj Renumber D 

YesD 

Name: Gregory Green 

Title: Chair 

~2{&;; SRC-2000-02 

5/26/2000 

Repeal D Emergency D 

8/17/09 

Public domain 0 

Check if delegated 

authority D 

~J.)~ ~7 Date Signe& 
TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 82 MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY STANDARDS FOR SOURCE 

 CATEGORIES OF HAZARDOUS AIR POLLUTANTS

20.2.82.1 ISSUING AGENCY: New Mexico Environmental Improvement Board. 

[Rn, 20 NMAC 2.82.1, 08/14/98; 20.2.82.1 NMAC - Rn, 20 NMAC 2.82.100 06/23/00] 

20.2.82.2 SCOPE: All sources emitting hazardous air pollutants, which are subject to the requirements of 

40 CFR Part 63, as amended through January 31, 2009. 

[Rn, 20 NMAC 2.82.2, 08/14/98; A, 08/14/98, 09/08/99; 20.2.82.2 NMAC - Rn 20 NMAC 2.82.101 & A, 06/23/00; 

A, 02/18/02; A, 06/13/03; A, 06/08/07; A, 08/17/09] 

20.2.82.3 STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Section 74-1-8 

(A) (4) and (7), and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 

74-2-5 (A), (B) and (C). Section 74-2-5 (C) provides that “regulations adopted by the environmental improvement 

board may prescribe standards of performance for sources and emissions standards for hazardous air pollutants...” 

[Rn, 20 NMAC 2.82.3, 08/14/98; A, 08/14/98; 20.2.82.3 NMAC - Rn, 20 NMAC 2.82.102 06/23/00] 

20.2.82.4 DURATION: Permanent. 

[Rn, 20 NMAC 2.82.4, 08/14/98; 20.2.82.4 NMAC - Rn, 20 NMAC 2.82.103 06/23/00] 

20.2.82.5 EFFECTIVE DATE: November 27, 1994, except where a later date is cited at the end of a 

section or paragraph. 

[Rn, 20 NMAC 2.82.5, 08/14/98; A, 08/14/98; 20.2.82.5 NMAC - Rn, 20 NMAC 2.82.104 06/23/00] 

[The latest effective date of any section in this part is June 8, 2007] 

20.2.82.6 OBJECTIVE: The objective of this part is to adopt or establish state authority to implement 

emission standards for hazardous air pollutants for the source categories in New Mexico subject to federal standards. 

The US EPA requires New Mexico to adopt such standards in order to implement requirements in Section 112 of the 

Clean Air Act. 

[Rn, 20 NMAC 2.82.6, 08/14/98; A, 08/14/98; 20.2.82.6 NMAC - Rn, 20 NMAC 2.82.105 06/23/00] 

20.2.82.7 DEFINITIONS: [Reserved]

[20.2.82.7 NMAC - Rn, 20 NMAC 2.82.107 06/23/00] 

20.2.82.8 ADOPTION OF 40 CFR PART 63: Except as otherwise provided in section 20.2.82.10 NMAC 

(below), the national emission standards for hazardous air pollutants for source categories as promulgated by the US 

EPA, 40 CFR Part 63, as amended in the Federal Register through January 31, 2009 are hereby incorporated into 

this part (20.2.82 NMAC). 

[Rn, 20 NMAC 2.82.7, 08/14/98; A, 08/14/98, 09/08/99; 20.2.82.8 NMAC - Rn 20 NMAC 2.82.106 & A, 06/23/00; 

A, 02/18/02; A, 06/13/03; A, 06/08/07; A, 08/17/09] 

20.2.82.9 SOURCES SUBJECT TO 40 CFR 63.40 - 63.44 OF SUBPART B (Constructed and 

Reconstructed Major Sources of Hazardous Air Pollutants): The owner or operator of a source subject to these 

provisions, that will be constructing or reconstructing after June 29, 1999, shall not construct or reconstruct unless: 

 A. the source has received a maximum achievable control technology (MACT) determination and 

approval from the department under this part; and 

 B. the MACT determination and approval has been incorporated into a permit under 20.2.72 NMAC 

- Construction Permits or 20.2.70 NMAC - Operating Permits. 

[08/14/98; 20.2.82.9 NMAC - Rn, 20 NMAC 2.82.108 06/23/00] 

20.2.82.10 MODIFICATIONS AND EXCEPTIONS: The following modifications or exceptions are made 

to the incorporated federal standards: 

A. general provisions: Amend 40 CFR Part 63, Subpart A - General Provisions, Section 63.2, 

Definitions, as follows: For the purposes of delegation of authority which the Administrator of the US EPA may, in 

20.2.82 NMAC 1
20.2.82 NMAC 2

his or her discretion, delegate to the secretary of the New Mexico environment department, “administrator” means 

the secretary or his/her authorized representative. 

B. variances: The federal emission standards incorporated by this Part shall not be subject to NMSA 

1978, Section 74-2-8 (Variances). 

C. constructed and reconstructed major sources: The effective date for incorporation of 40 CFR 

63.40 - 63.44 of Subpart B under 20.2.82.8 NMAC shall be June 29, 1999. 

[Rn, 20 NMAC 2.82.8, 08/14/98; A, 08/14/98; 20.2.82.10 NMAC - Rn, 20 NMAC 2.82.109 06/23/00] 

20.2.82.11 DOCUMENTS: Documents incorporated and cited in this part may be viewed at the New 

Mexico environment department, air quality bureau, 1301 Siler Road, Building B, Santa Fe NM, 87507. 

[08/14/98; 20.2.82.11 NMAC - Rn, 20 NMAC 2.82.110 06/23/00; A, 08/17/09] 

HISTORY OF 20.2.82 NMAC:

Pre-NMAC History: None. 

History of Repealed Material: [RESERVED] 

Other History:

20 NMAC 2.82, Maximum Achievable Control Technology Standards For Source Categories Of Hazardous Air 

Pollutants, effective 11/27/94. 

20 NMAC 2.82, Maximum Achievable Control Technology Standards For Source Categories Of Hazardous Air 

Pollutants (filed 10/28/94) was renumbered, reformatted, amended and replaced by 20.2.82 NMAC, Maximum 

Achievable Control Technology Standards For Source Categories Of Hazardous Air Pollutants, effective 06/23/00. 
STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER OF PROPOSED REVISIONS TO: EIB 09-03 (R)

20.2.77 NMAC – NEW SOURCE PERFORMANCE STANDARDS 

20.2.78 NMAC – EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 

20.2.82 NMAC – MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY STANDARDS 

FOR SOURCE CATEGORIES OF HAZARDOUS AIR POLLUTANTS 

 

 

ENVIRONMENTAL PROTECTION DIVISION'S 

NOTICE OF INTENT TO PRESENT TECHNICAL TESTIMONY

Pursuant to 20.1.1.302.A NMAC, the New Mexico Environment Department (NMED) 

Environmental Protection Division (“the Division”) hereby submits its Notice of Intent to present 

technical testimony in this proceeding. 

1. Person Represented By The Technical Witnesses. 

 The New Mexico Environment Department, Air Quality Bureau, Environmental 

Protection Division. 

2. Name And Qualifications Of Each Technical Witness. 

Adam Keaster. Mr. Keaster is an Environmental Analyst for the Control Strategies 

Section of the Air Quality Bureau. He has worked in the Air Quality Bureau since November of 

2008. Mr. Keaster holds a B.A. degree in Biological Anthropology from the University of 

Montana. 

Rita Bates. Rita Bates is Section Chief of the Planning Section of the Air Quality 

Bureau. She has 19 years experience in the environmental field, including over 10 years with the 

NOTICE OF INTENT - PAGE 1
Air Quality Bureau. In addition to her work in the Planning Section of the Air Quality Bureau, 

Ms. Bates has worked in industry as an environmental coordinator and in environmental 

consulting as a project manager. Ms. Bates holds a B.S. in Biology from Humboldt State 

University. 

3. Summary Of Testimony And Anticipated Length Of Testimony

Mr. Keaster will testify in support of adoption of the revisions for the following reasons: 

The proposed revisions incorporate by reference the New Source Performance Standards (NSPS) 

promulgated by the U.S. Environmental Protection Agency (EPA) published in the Federal 

Register between December 1, 2006 and January 31, 2009; National Emission Standards for 

Hazardous Air Pollutants (NESHAPs) promulgated by the EPA between December 1, 2006 and 

January 31, 2009; and Maximum Achievable Control Technology (MACT) Standards for Source 

Categories of Hazardous Air Pollutants promulgated by the EPA between December 1, 2006 and 

January 31, 2009. The Division periodically petitions the Environmental Improvement Board to 

update the state's rules to incorporate these federal requirements, in order to ensure that the 

Division has the regulatory authority to implement the most recent requirements. In addition to 

the state rule updates, proposed rule revisions include the current Air Quality Bureau physical 

address. Mr. Keaster’s written testimony is submitted as Exhibit NMED 7. His oral direct 

testimony is anticipated to take 30 minutes. 

The Division may call Ms. Bates to provide a general regulatory background to the 

proposed rule changes, and proposes to make her available for cross-examination on a panel with 

Mr. Keaster. The anticipated length of Ms. Bates direct testimony is 15 minutes. 

NOTICE OF INTENT - PAGE 2
4. Text of Recommended Modifications to the Proposed Regulatory Change

 The Division recommends that Board adopt the proposed regulatory changes submitted in 

the Petition of April 6, 2009, without any modifications. 

5. List and Description of Exhibits

 The Division submits the following exhibits: 

EXHIBIT NUMBER TITLE OF EXHIBIT

 

NMED 1 Resume of Adam Keaster 

NMED 2 Written Testimony of Adam Keaster 

NMED 3 Proposed Amendments to 20.2.77 NMAC 

NMED 4 Proposed Amendments to 20.2.78 NMAC 

NMED 5 Proposed Amendments to 20.2.82 NMAC 

NMED 6.1 List of FR Notices under Part 77 (40 CFR 60) 

NMED 6.2 List of FR Notices under Part 78 (40 CFR 61) 

NMED 6.3 List of FR Notices under Part 82 (40 CFR 63) 

NMED 7 Narrative Summary Federal Register Notices 

Affected 

NMED 8 Federal Register Notices (on CD only)

NMED 9.1 Delegation of Authority Letter (NSPS and 

NESHAP) 

NMED 9.2 Delegation of Authority Letter (MACT) 

NMED 10.1 Public Notice (Albuquerque Journal, 

Spanish/English) 

NMED 10.2 Public Notice (New Mexico Register) 

NMED 10.3 JJJJ/ZZZZ White Paper Summary 

NMED 10.4 NMAC Update Notification Email 

A complete set of the federal notices identified in Exhibit NMED 6 is included on CD (NMED 

Exhibit 8) and is available for review at the Air Quality Bureau's Santa Fe office and will be 

made available for review at the public hearing. 

NOTICE OF INTENT - PAGE 3
NOTICE OF INTENT - PAGE 4

6. Reservation of Rights 

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

The Division 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 Division 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 

 

Bill Grantham 

Assistant General Counsel 

New Mexico Environment Department 

1190 St. Francis Drive, Suite N-4068 

Santa Fe, New Mexico 87505 

505.827.2824 

 bill.grantham@state.nm.us

CERTIFICATE OF SERVICE

I hereby certify that on June 19, 2009, a true and accurate copy of above-entitled pleading was 

mailed by first class mail to the Board Attorney at the following address: 

Mr. Adrian Terry 

Assistant Attorney General 

Attorney General's Office - Civil Division 

P.O. Drawer 1508 

Santa Fe, NM 87504-1508 

 _________________________________________ 

 Bill Grantham 
Exhibit NMED 1 Resume of Adam Keaster
NMED Exhibit 1 

Resume of Adam Keaster 

Environmental Analyst 

New Mexico Environment Department 

Air Quality Bureau 

Education: 

 Pending - Masters in Public Health, Environmental Health Sciences, University of 

Minnesota - School of Public Health, 2006-2008. 

 * Thesis topic: Risk Assessment for Japanese Encephalitis Virus Introduction to 

 the United States. 

 B.A., Anthropology and Biology, University of Montana. 1999-2005. 

Employment: 

 Environmental Health and Safety Specialist, University of Minnesota. 2008. 

 * Anesthetic gas air monitoring. 

 * Toxicology research. 

 * Analysis and synthesis of data. 

 * Generation of reports for and collaboration with Principle 

 Investigators/Laboratories. 

 Teaching Assistant-Lead, University of Minnesota. 2007-2008. 

 * Issues in Environmental and Occupational Health course. 

 * Management of coursework for 60 students per semester. 

 * Field questions, provide discussion topics and feedback. 

 * Critical evaluation of written assignments. 

 * Database development and maintenance. 

 * Future course development. 

 Technical Services Lab Inspector, Metropolitan Mosquito Control District, St. Paul. 

Minnesota. 2007. 

 * Entomological morphology-based taxonomy and identification. 

 * West Nile virus sample collection from bird specimens. 

 * Laboratory West Nile virus test procedures. 

 * Disease-vector species research and sampling efficacy. 

 * FoxPro Software-data management. 

 Forestry Technician, US Forest Service, Montana. 2001-2006. 

 * Collection of field samples, fuel model calculations. 
 * Lead firefighter during fire season. 

 * Coordinating between adjacent districts on fuels reduction projects. 

 * Bark-beetle mitigation project. 

 * GPS/GIS instruction and training. 

 * Wildlife biology assistance with various projects. 

 * ArcGIS applications. 

 * Teaching and training fire safety/suppression. 

 * Many operational equipment skills and abilities. 

 
Exhibit NMED 2 Written Testimony of Adam Keaster
IN THE MATTER OF PROPOSED 

AMENDMENTS TO AIR QUALITY REGULATIONS No. EIB 09-03 (R) 

20.2.77, 20.2.78, AND 20.2.82 NMAC 

________________________________________________________________________

Written Testimony of Adam Keaster 

Environmental Analyst 

New Mexico Environment Department 

Air Quality Bureau

Introduction 

The Air Quality Bureau proposes amendments to the Air Quality Regulations at 20.2.77 

NMAC – New Source Performance Standards, 20.2.78 NMAC – National Emission 

Standards for Hazardous Air Pollutants, and 20.2.82 NMAC – Maximum Achievable 

Control Technology Standards for Source Categories of Hazardous Air Pollutants (“Parts 

77, 78, and 82” respectively). Copies of the proposed amendments are included as 

Exhibits NMED 3, 4, and 5, respectively. New material is shown as bracketed and 

underlined and deleted material is shown as strike-out. 

The purpose of the proposed amendments to Parts 77, 78, and 82 is to incorporate by 

reference new rules, corrections, revisions, and amendments to federal New Source 

Performance Standards (NSPS), National Emission Standards for Hazardous Air 

Pollutants (NESHAP), and Maximum Achievable Control Technology Standards for 

Source Categories of Hazardous Air Pollutants (MACT) promulgated by the United 

States Environmental Protection Agency (EPA). The proposed amendments to Parts 77, 

78, and 82 include NSPS, NESHAP, and MACT rules published in the Federal Register 

from December 1, 2006 to January 31, 2009. It is standard procedure for the 

Environment Department to make revisions to Parts 77, 78, and 82 simultaneously. 

Incorporation by reference of an NSPS, NESHAP, or MACT by the Environmental 

Improvement Board (EIB) does not change any requirements to which any source is 

already subject. Except for change of dates there are no substantive changes to the rules. 

The EPA initially delegated authority to New Mexico for both NSPS and NESHAP 

programs on March 15, 1985 in a letter to the governor (Exhibit NMED 9-1). New 

Mexico was granted authority to implement and enforce the Maximum Achievable 

Control Technology (MACT) Standards for Source Categories of Hazardous Air 

Pollutants by the EPA on July 27, 1995 (Exhibit NMED 9-2). The New Mexico 

Environment Department (NMED) must request delegation authority each year for new 

rules and amendments made to the NSPS, NESHAP, and MACT programs. 

The EPA and regulated entities both prefer that air quality regulations be implemented by 

the State. The regulations can be enforced more quickly and effectively at the state level 
with the same Air Quality Bureau personnel who have been inspecting, testing, and 

reviewing the applications for sources located in New Mexico. 

The New Mexico legislature amended the New Mexico Air Quality Control Act in 1983 

to allow the Board to adopt air quality standards and requirements found in the federal 

regulations. See 1978 NMSA § 74-2-5. The EPA adopts new rules and amendments at 

the federal level. Once adopted, the rules can be reviewed by the EIB and considered for 

adoption into the State programs. The Department does not anticipate any problems 

implementing the new or amended NSPS, NESHAP, or MACT standards being 

considered at this hearing. Complete lists of affected Federal Register notices are 

included as NMED Exhibits NMED 6.1, 6.2, and 6.3 respectively, and a summary of all 

changes can be found in NMED Exhibit 7. 

Effect of Incorporation by Reference 

By incorporating these rules, corrections, revisions, and amendments, the Board is not 

changing the substantive requirements to which a source is subject, but is approving the 

state's authority to implement and enforce these standards in place of the federal 

government. The State of New Mexico must incorporate by reference all new rules, 

corrections, revisions, and amendments to these programs in order to have the ability to 

enforce these federal standards. Please refer to Exhibits NMED 9-1 and NMED 9-2 for 

more information on the State’s delegated authority.

Reasons for Adopting Federal Regulation 

The EPA and the regulated community both prefer that the Department implement and 

enforce the air quality regulations. The regulations can be enforced more quickly and 

effectively at the state level by the same Air Quality Bureau personnel who inspect, test, 

and review permit applications for sources in New Mexico. The Department, not the 

EPA, routinely inspects affected sources to determine compliance with applicable air 

quality requirements. The Department, not the EPA, routinely issues permits to 

potentially affected sources, and is best situated to ensure that these sources take into 

account the applicable air quality requirements. The regulated community recognizes 

that the Department has a better working knowledge of their facilities and is easier to 

work with on a range of permitting and enforcement issues. 

The New Mexico Legislature understood these benefits when it amended the New 

Mexico Air Quality Control Act in 1983 to explicitly authorize the Board to incorporate 

by reference federal air quality requirements adopted by the EPA. The Board implements 

this authority by considering new rules and amendments adopted at the federal level, and 

adopting them into the New Mexico State Implementation Plan (referred to as the New 

Mexico SIP, the laws, plans, and regulations adopted to ensure compliance with national 

ambient air quality standards). The Department believes that the new rules, corrections, 

Exhibit NMED 2 - Written Testimony – page 2 
revisions, or amendments proposed today are reasonable and necessary, and it does not 

anticipate any problems in their implementation. 

Public Outreach 

Outreach was conducted for all three regulations in the form of public notices published 

in the New Mexico Register and in the Albuquerque Journal in which a Spanish 

translation was also published (Exhibit NMED 10-1). NMED received no comments 

from the public notices. NMED also hosted an open house during which the public had 

an opportunity to comment. NMED had no attendance at the open house. Additional 

outreach was conducted expressly for 40 CFR Part 60 Subpart JJJJ-Standards of 

Performance for Stationary Spark Ignition Internal Combustion Engines and 40 CFR Part 

63 Subpart ZZZZ-National Emissions Standards for Hazardous Air Pollutants for 

Reciprocating Internal Combustion Engines in the form of a public stakeholder meeting 

held in Farmington on January 21st, during which a written summary of the rule change 

was distributed (Exhibit NMED 10.3) and questions were fielded by Air Quality Bureau 

staff. This written summary is also available on the Air Quality Bureau website 

[http://www.nmenv.state.nm.us/aqb/documents/JJJJ_ZZZZ_White_Paper_18Mar09.pdf]. 

Notices regarding rule updates were emailed to New Mexico industry organizations and 

contacts potentially effected by: Part 82 Subparts CCCCCC-NESHAP for Source 

Categories Gasoline Dispensing Facilities, HHHHHH-NESHAP for Paint Stripping and 

Miscellaneous Surface Coating Operations at Area Sources, M-National 

Perchloroethylene Air Emission Standards for Dry Cleaning Facilities, and XXXXXXNESHAP for Nine Metal Fabrication and Finishing Source Categories for Area Sources. 

The New Mexico Environment Department-Small Business Environmental Assistance 

Program has also created factsheets regarding 40 CFR Part 63, Subpart HHHHHH, 

XXXXXX, and has posted regulatory information addressing other area source MACTs 

in New Mexico to the Air Quality Bureau website: 

[http://www.nmenv.state.nm.us/aqb/sbap/]. 

Proposed Changes to Part 77 (Exhibit NMED 3) 

The EIB first adopted New Source Performance Standards (NSPS) by reference in 1984. 

These federal standards are contained within Title 40 of the Code of Federal Regulations 

Part 60 (40 CFR Part 60). The Department is proposing that 20.2.77 NMAC be amended 

to incorporate by reference the federal requirements pertaining to NSPS promulgated by 

the EPA from December 1, 2006 through January 31, 2009. This is a periodic 

incorporation of federal standards, which is part of the Department’s delegation authority 

agreement with EPA. There are thirteen (13) NSPS changes during this time period for 

proposed incorporation. 

Exhibit NMED 2 - Written Testimony – page 3 
Exhibit NMED 2 - Written Testimony – page 4 

Proposed Changes to Part 78 (Exhibit NMED 4) 

The EIB first adopted National Emission Standards for Hazardous Air Pollutants by 

reference in 1984. These federal standards are contained within Title Forty of the Code 

of Federal Regulations Part 61 (40 CFR Part 61). The Department is proposing that 

20.2.78 NMAC be amended to incorporate by reference the federal requirements 

pertaining to NESHAP promulgated by the EPA from December 1, 2006 through January 

31, 2009. This is a periodic incorporation of federal standards, which is part of the 

Department’s delegation authority agreement with EPA. There is one NESHAP change 

during this time period for proposed incorporation. 

Proposed Changes to Part 82 (Exhibit NMED 5) 

The EIB first adopted Maximum Achievable Control Technology Standards for Source 

Categories of Hazardous Air Pollutants by reference in 1994. These federal standards are 

contained within Title Forty of the Code of Federal Regulations Part 63 (40 CFR Part 

63). The Department is proposing that 20.2.82 NMAC be amended to incorporate by 

reference the federal requirements pertaining to MACT standards promulgated by the 

EPA from December 1, 2006 through January 31, 2009. This is a periodic incorporation 

of federal standards, which is part of the Department’s delegation authority agreement 

with EPA. There are thirty-nine (39) MACT changes during this time period for 

proposed incorporation. 

Effect on Small Business 

Pursuant to the Small Business Regulatory Relief Act, 1978 NMSA § 14-4A-1, et seq, 

the Bureau has determined that the regulatory changes proposed in this action will not 

have an adverse effect on small business. This determination is based on the fact that the 

proposed amendment will not impose additional substantive requirements on facilities, 

but will simply retain implementation authority with the State of New Mexico rather than 

the U.S. EPA. 

Summary of changes to Parts 77, 78, and 82 (Exhibit NMED 7) 

Exhibit NMED 7 contains summaries for each of the standards that would be affected by 

the proposed changes to Parts 77, 78, and 82. 
Exhibit NMED 3 Proposed Amendments to 20.2.77 NMAC
TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 77 NEW SOURCE PERFORMANCE STANDARDS

20.2.77.1 ISSUING AGENCY: New Mexico Environmental Improvement Board. 

[06/16/95; 20.2.77.1 NMAC - Rn, 20 NMAC 2.77.100 06/23/00] 

20.2.77.2 SCOPE: Any stationary source constructing or modifying and which is subject to the 

requirements of 40 CFR Part 60, as amended through [November 30, 2006] January 31, 2009. 

[06/16/95, 11-19-97, 9-8-99; 20.2.77.2 NMAC - Rn 20 NMAC 2.77.101 & A, 06/23/00; A, 02/18/02; A, 06/13/03; 

A, 06/15/07] 

20.2.77.3 STATUTORY AUTHORITY: The environmental improvement board “shall promulgate 

regulations and standards in...air quality management” (NMSA 1978, Section 74-1-8.A) and “regulations adopted 

by the environmental improvement board...shall...ensure that regulations and standards under...the federal act will 

not be violated.” (NMSA 1978, Section 74-2-7.B). 

[06/16/95; 20.2.77.3 NMAC - Rn, 20 NMAC 2.77.102 06/23/00] 

20.2.77.4 DURATION: Permanent. 

[06/16/95; 20.2.77.4 NMAC - Rn, 20 NMAC 2.77.103 06/23/00] 

20.2.77.5 EFFECTIVE DATE: June 16, 1995, except where a later date is cited at the end of a section or 

paragraph. 

[06/16/95, 08/02/96; 20.2.77.5 NMAC - Rn, 20 NMAC 2.77.104 6/23/00] 

[The latest effective date of any section in this part is June 15, 2007] 

20.2.77.6 OBJECTIVE: The objective of Part 77 of Chapter 2 is to adopt or establish state authority to 

implement new source performance standards for stationary sources in New Mexico subject to 40 CFR Part 60. 

[06/16/95; 20.2.77.6 NMAC - Rn, 20 NMAC 2.77.105 06/23/00] 

20.2.77.7 DEFINITIONS: [RESERVED] 

[20.2.77.7 NMAC - N, 06/23/00] 

20.2.77.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This part amends and 

supersedes Air Quality Control Regulation (AQCR) 750, last filed on April 10, 1994. All references to AQCR 750 

in any other rule shall be understood as a reference to this part. 

[06/16/95; 20.2.77.8 NMAC - Rn, 20 NMAC 2.77.106 06/23/00] 

20.2.77.9 ADOPTION OF 40 CFR PART 60: Except as otherwise provided, the new source performance 

standards as promulgated by the United States environmental protection agency, 40 CFR Part 60, as amended in the 

Federal Register through [November 30, 2006] January 31, 2009 are hereby incorporated into this part [20.2.77 

NMAC]. 

[06/16/95, 08/02/96, 11/19/97, 09/08/99; 20.2.77.9 NMAC - Rn 20 NMAC 2.77.107 & A, 06/02/00; A, 02/18/02; A, 

06/13/03; A, 06/15/07] 

20.2.77.10 MODIFICATIONS AND EXCEPTIONS: The following modifications or exceptions are made 

to the incorporated federal standards. 

A. Amend 40 CFR Part 60, Section 60.2, Definitions, as follows: For the purposes of delegation of 

authority which the administrator of the United States environmental protection agency may, in his discretion, 

delegate to the secretary of the New Mexico environment department, “administrator” means the secretary of the 

department or his authorized representative. 

B. Exclude 40 CFR - Part 60, Subpart AAA - Standards of Performance for New Residential Wood 

Heaters. 

C. The federal standards of performance incorporated by this regulation shall not be subject to 

NMSA 1978, Section 74-2-8 (Variances). 

20.2.77 NMAC 1
20.2.77 NMAC 2

D. Exclude 40 CFR Part 60, Subpart HHHH, Emission Guidelines and Compliance Times for CoalFired Electric Steam Generating Units. 

[06/16/95; 20.2.77.10 NMAC - Rn, 20 NMAC 2.77.108 06/23/00; A, 06/15/07] 

20.2.77.11 DOCUMENTS: Documents incorporated and cited in this Part may be viewed at the New 

Mexico environment department, air quality bureau, [2044 Galisteo, 1190 Santa Fe, NM 87502] 1301 Siler Road, 

Building B, Santa Fe NM, 87507. 

[06/16/95; 20.2.77.11 NMAC - Rn, 20 NMAC 2.77.109 06/23/00] 

HISTORY OF 20.2.77 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 750, Air Quality Control Regulation 750 - New Source Performance Standards, 07/24/84. 

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, 08/18/87. 

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, 07/07/88. 

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, 04/27/89. 

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, 05/29/90. 

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, 04/22/91. 

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, 04/14/92. 

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, 04/21/93. 

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, 04/12/94. 

History of Repealed Material: [RESERVED] 

Other History:

EIB/AQCR 750, Air Quality Control Regulation 750 - New Source Performance Standards, filed 04/12/94 was

renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.77, New Source 

Performance Standards, filed 05/17/95. 

20 NMAC 2.77, New Source Performance Standards, filed 05/17/95, was renumbered, reformatted, amended 

and replaced by 20.2.77 NMAC, New Source Performance Standards, effective 06/23/00. 
Exhibit NMED 4 Proposed Amendments to 20.2.78 NMAC
TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 78 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

20.2.78.1 ISSUING AGENCY: New Mexico Environmental Improvement Board. 

[06/16/95; 20.2.78.1 NMAC - Rn, 20 NMAC 2.78.100 06/23/00] 

20.2.78.2 SCOPE: All sources emitting hazardous air pollutants which are subject to the requirements of 

40 CFR Part 61, as amended through [November 30, 2006] January 31, 2009. 

[06/16/95, 11/19/97, 09/08/99; 20.2.78.2 NMAC - Rn 20 NMAC 2.78.101 & A, 06/23/00; A, 02/18/02; A, 06/08/07] 

20.2.78.3 STATUTORY AUTHORITY: The environmental improvement board “shall promulgate 

regulations and standards in...air quality management” (NMSA 1978, Section 74-1-8.A) and “regulations adopted 

by the environmental improvement board...may...prescribe standards of performance for sources and emissions 

standards for hazardous air pollutants...” (NMSA 1978, Section 74-2-5.C). 

[06/16/95; 20.2.78.3 NMAC - Rn, 20 NMAC 2.78.102 06/23/00] 

20.2.78.4 DURATION: Permanent. 

[06/16/95; 20.2.78.4 NMAC - Rn, 20 NMAC 2.78.103 06/23/00] 

20.2.78.5 EFFECTIVE DATE: June 16, 1995, except where a later date is cited at the end of a section or 

paragraph. 

[06/16/95, 08/02/96; 20.2.78.5 NMAC - Rn, 20 NMAC 2.78.104 06/23/00] 

[The latest effective date of any section in this part is June 8, 2007] 

20.2.78.6 OBJECTIVE: The objective of Part 78 of Chapter 2 is to adopt or establish state authority to 

implement emission standards for hazardous air pollutants in New Mexico subject to 40 CFR Part 61. 

[06/16/95; 20.2.78.6 NMAC - Rn, 20 NMAC 2.78.105 06/23/00] 

20.2.78.7 DEFINITIONS: [RESERVED]

[20.2.78.7 NMAC - N, 06/23/00] 

20.2.78.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This part amends and 

supersedes Air Quality Control Regulation (AQCR) 751, last filed on April 10, 1994. All references to AQCR 751 

in any other rule shall be understood as a reference to this part. 

[06/16/95; 20.2.78.8 NMAC - Rn, 20 NMAC 2.78.106 06/23/00] 

20.2.78.9 ADOPTION OF 40 CFR PART 61: Except as otherwise provided, the national emission 

standards for hazardous air pollutants as promulgated by the United States environmental protection agency, 40 CFR 

Part 61, as amended in the Federal Register through [November 30, 2006] January 31, 2009 are hereby incorporated 

into this part [20.2.78 NMAC]. 

[06/16/95, 08/02/96, 11/19/97, 09/08/99; 20.2.78.9 NMAC - Rn 20 NMAC 2.78.107 & A, 06/23/00; A, 02/18/02; A, 

06/08/07] 

20.2.78.10 MODIFICATIONS AND EXCEPTIONS: The following modifications or exceptions are made 

to the incorporated federal standards: 

A. amend 40 CFR Part 61, Section 61.02, Definitions, as follows: For the purposes of delegation of 

authority which the Administrator of the United States environmental protection agency may, in his discretion, 

delegate to the secretary of the New Mexico environment department, “administrator” means the secretary or his 

authorized representative. 

B. exclude 40 CFR Part 61, Subparts B (National Emission Standards for Radon Emissions from 

Underground Uranium Mines), H (National Emission Standards for Emissions of Radionuclides Other Than Radon 

from Department of Energy Facilities), I (National Emission Standards for Radionuclide Emissions from Facilities 

Licensed by the NRC and Federal Facilities not covered by Subpart H), K ( National Emission Standard for 

Radionuclide Emissions from Elemental Phosphorus Plants), Q (National Emission Standards for Radon Emissions 

from Department of Energy Facilities), R (National Emission Standards for Radon Emissions from Phosphogypsum 

20.2.78 NMAC 1
20.2.78 NMAC 2

Stacks), T (National Emission Standards for Radon Emissions from the Disposal of Uranium Mill Tailings), and W 

(National Emission Standards for Radon Emissions from Operating Mill Tailings). 

C. the federal emission standards incorporated by this regulation shall not be subject to NMSA 1978, 

Section 74-2-8 [Variances] 

[06/16/95; 20.2.78.9 NMAC - Rn, 20 NMAC 2.78.108 06/23/00] 

20.2.78.11 DOCUMENTS: Documents incorporated and cited in this part may be viewed at the New 

Mexico environment department, air quality bureau, [2044 Galisteo, Santa Fe, NM 87502] 1301 Siler Road, 

Building B, Santa Fe NM, 87507. 

[06/16/95; 20.2.78.11 NMAC - Rn, 20 NMAC 2.78.109 06/23/00] 

HISTORY OF 20.2.78 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 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

07/24/84. 

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

08/18/87. 

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

07/07/88. 

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

04/27/89. 

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

05/29/90. 

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

04/22/91. 

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

04/14/92. 

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

04/21/93. 

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

04/12/94. 

History of Repealed Material: [RESERVED] 

Other History:

EIB/AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants (filed 

04/12/94) was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.78, Emission 

Standards For Hazardous Air Pollutants, effective 06/16/95. 

20 NMAC 2.78, Emission Standards For Hazardous Air Pollutants (filed 05/17/95), was renumbered, reformatted, 

amended and replaced by 20.2.78 NMAC, Emission Standards For Hazardous Air Pollutants, effective 06/23/00. 
Exhibit NMED 5 Proposed Amendments to 20.2.82 NMAC
TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 82 MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY STANDARDS FOR SOURCE 

 CATEGORIES OF HAZARDOUS AIR POLLUTANTS

20.2.82.1 ISSUING AGENCY: New Mexico Environmental Improvement Board. 

[Rn, 20 NMAC 2.82.1, 08/14/98; 20.2.82.1 NMAC - Rn, 20 NMAC 2.82.100 06/23/00] 

20.2.82.2 SCOPE: All sources emitting hazardous air pollutants, which are subject to the requirements of 

40 CFR Part 63, as amended through [November 30, 2006] January 31, 2009. 

[Rn, 20 NMAC 2.82.2, 08/14/98; A, 08/14/98, 09/08/99; 20.2.82.2 NMAC - Rn 20 NMAC 2.82.101 & A, 06/23/00; 

A, 02/18/02; A, 06/13/03; A, 06/08/07] 

20.2.82.3 STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Section 74-1-8 

(A) (4) and (7), and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 

74-2-5 (A), (B) and (C). Section 74-2-5 (C) provides that “regulations adopted by the environmental improvement 

board may prescribe standards of performance for sources and emissions standards for hazardous air pollutants...” 

[Rn, 20 NMAC 2.82.3, 08/14/98; A, 08/14/98; 20.2.82.3 NMAC - Rn, 20 NMAC 2.82.102 06/23/00] 

20.2.82.4 DURATION: Permanent. 

[Rn, 20 NMAC 2.82.4, 08/14/98; 20.2.82.4 NMAC - Rn, 20 NMAC 2.82.103 06/23/00] 

20.2.82.5 EFFECTIVE DATE: November 27, 1994, except where a later date is cited at the end of a 

section or paragraph. 

[Rn, 20 NMAC 2.82.5, 08/14/98; A, 08/14/98; 20.2.82.5 NMAC - Rn, 20 NMAC 2.82.104 06/23/00] 

[The latest effective date of any section in this part is June 8, 2007] 

20.2.82.6 OBJECTIVE: The objective of this part is to adopt or establish state authority to implement 

emission standards for hazardous air pollutants for the source categories in New Mexico subject to federal standards. 

The US EPA requires New Mexico to adopt such standards in order to implement requirements in Section 112 of the 

Clean Air Act. 

[Rn, 20 NMAC 2.82.6, 08/14/98; A, 08/14/98; 20.2.82.6 NMAC - Rn, 20 NMAC 2.82.105 06/23/00] 

20.2.82.7 DEFINITIONS: [Reserved]

[20.2.82.7 NMAC - Rn, 20 NMAC 2.82.107 06/23/00] 

20.2.82.8 ADOPTION OF 40 CFR PART 63: Except as otherwise provided in section 20.2.82.10 NMAC 

(below), the national emission standards for hazardous air pollutants for source categories as promulgated by the US 

EPA, 40 CFR Part 63, as amended in the Federal Register through [November 30, 2006] January 31, 2009 are 

hereby incorporated into this part (20.2.82 NMAC). 

[Rn, 20 NMAC 2.82.7, 08/14/98; A, 08/14/98, 09/08/99; 20.2.82.8 NMAC - Rn 20 NMAC 2.82.106 & A, 06/23/00; 

A, 02/18/02; A, 06/13/03; A, 06/08/07] 

20.2.82.9 SOURCES SUBJECT TO 40 CFR 63.40 - 63.44 OF SUBPART B (Constructed and 

Reconstructed Major Sources of Hazardous Air Pollutants): The owner or operator of a source subject to these 

provisions, that will be constructing or reconstructing after June 29, 1999, shall not construct or reconstruct unless: 

 A. the source has received a maximum achievable control technology (MACT) determination and 

approval from the department under this part; and 

 B. the MACT determination and approval has been incorporated into a permit under 20.2.72 NMAC 

- Construction Permits or 20.2.70 NMAC - Operating Permits. 

[08/14/98; 20.2.82.9 NMAC - Rn, 20 NMAC 2.82.108 06/23/00] 

20.2.82.10 MODIFICATIONS AND EXCEPTIONS: The following modifications or exceptions are made 

to the incorporated federal standards: 

A. general provisions: Amend 40 CFR Part 63, Subpart A - General Provisions, Section 63.2, 

Definitions, as follows: For the purposes of delegation of authority which the Administrator of the US EPA may, in 

20.2.82 NMAC 1
20.2.82 NMAC 2

his or her discretion, delegate to the secretary of the New Mexico environment department, “administrator” means 

the secretary or his/her authorized representative. 

B. variances: The federal emission standards incorporated by this Part shall not be subject to NMSA 

1978, Section 74-2-8 (Variances). 

C. constructed and reconstructed major sources: The effective date for incorporation of 40 CFR 

63.40 - 63.44 of Subpart B under 20.2.82.8 NMAC shall be June 29, 1999. 

[Rn, 20 NMAC 2.82.8, 08/14/98; A, 08/14/98; 20.2.82.10 NMAC - Rn, 20 NMAC 2.82.109 06/23/00] 

20.2.82.11 DOCUMENTS: Documents incorporated and cited in this part may be viewed at the New 

Mexico environment department, air quality bureau, [2044 Galisteo, Santa Fe, NM 87502] 1301 Siler Road, 

Building B, Santa Fe NM, 87507. 

[08/14/98; 20.2.82.11 NMAC - Rn, 20 NMAC 2.82.110 06/23/00] 

HISTORY OF 20.2.82 NMAC:

Pre-NMAC History: None. 

History of Repealed Material: [RESERVED] 

Other History:

20 NMAC 2.82, Maximum Achievable Control Technology Standards For Source Categories Of Hazardous Air 

Pollutants, effective 11/27/94. 

20 NMAC 2.82, Maximum Achievable Control Technology Standards For Source Categories Of Hazardous Air 

Pollutants (filed 10/28/94) was renumbered, reformatted, amended and replaced by 20.2.82 NMAC, Maximum 

Achievable Control Technology Standards For Source Categories Of Hazardous Air Pollutants, effective 06/23/00. 
Exhibit NMED 6.1 List of FR Notices under Part 77 (40 CFR 60)
40 CFR Part 60 

New Source Performance Standards (NSPS) 

Federal Register Notices 

Exhibit # FR # 

Publication 

Date Action Title 

6-60-1 71 FR 2620 1/22/2007 

Notice of final action on reconsideration 

Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration UnReconsideration 

6-60-2 71 FR 13016 3/20/2007 

Notice of reconsideration of final rule 

Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Large Municipal Waste Combusto

6-60-3 71 FR 75117 12/14/2006 Final Rule 

Notice of Finding That Certain States Did Not Submit Clean Air Mercury Rule (CAMR) State Plans for New and Existing Electric Utility Steam Generating Units and Status of Submission of Such P

6-60-4 71 FR 27437 5/16/2007 Final Rule 

Revisions to Standards of Performance for New Stationary Sources, National Emission Standards for Hazardous Air Pollutants, and National Emission Standards for Hazardous Air Pollutants for SourcCategories 

6-60-5 72 FR 51493 9/7/2007 Direct Final Rule 

Two Optional Methods for Relative Accuracy Test Audits of MercuMonitoring Systems Installed on Combustion Flue Gas Streams and Several Amendments to Related Mercury Monitoring Provisions 

6-60-6

72 FR 51365 

9/7/2007 Direct Final Rule 

Update of Continuous Instrumental Test Methods: Technical Amendments 

6-60-7 72 FR 62414 11/5/2007 

Withdrawal of Direct Final Rule 

Update of Continuous Instrumental Test Methods: Technical Amendments 

6-60-8 72 FR 3567 1/18/2008 Final Rule 

Standards of Performance for Stationary Spark Ignition Internal Combustion Engines and National Emission Standards for HazardouAir Pollutants for Reciprocating Internal Combustion Engines 

6-60-9 73 FR 31372 6/2/2008 

Direct Final Rule; Stay 

Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry; Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries 

6-60-10 73 FR 35837 6/24/2008 Final Rule Standards of Performance for Petroleum Refineries 6-60-11 73 FR 55751 9/26/2008 

Final Rule; reconsideration and stay of effective date 

Standards of Performance for Petroleum Refineries 

6-60-12 73 FR 59033 10/8/2008 Final Rule 

Control of Emissions From Nonroad Spark-Ignition Engines and Equipment 

6-60-13 74 FR 5071 1/28/2009 Final Rule Standards of Performance for Fossil-Fuel-Fired Steam Generators fo

1 of 2 
40 CFR Part 60 

New Source Performance Standards (NSPS) 

Federal Register Notices 

2 of 2 

Which Construction Is Commenced After August 17, 1971; Standarof Performance for Electric Utility Steam Generating Units for Whi

Construction Is Commenced After September 18, 1978; Standards oPerformance for Industrial-Commercial-Institutional Steam GeneratUnits; and Standards of Performance for Small Industrial-CommercInstitutional Steam Generating Units 
Exhibit NMED 6.2 List of FR Notices under Part 78 (40 CFR 61)
40 CFR Part 61 

National Emission Standards for Hazardous Air Pollutants (NESHAP) 

Federal Register Notices 

Exhibit # FR # 

Publication 

Date Action Title 

6-61-1 71 FR 27437 5/16/2007 Final Rule 

Revisions to Standards of Performance for New Stationary SourceNational Emission Standards for Hazardous Air Pollutants, and National Emission Standards for Hazardous Air Pollutants for Source Categories 

1 of 1 
Exhibit NMED 6.3 List of FR Notices under Part 82 (40 CFR 63)
40 CFR Part 63 

Maximum Achievable Control Technologies for Source 

Categories of Hazardous Air Pollutants (MACT) 

Federal Register Notices 

Exhibit # FR # 

Publication 

Date Action Title Subp

6-63-1 71 FR 70651 12/6/2006 

Technical 

Correction 

National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters: Reconsideration of Emissions Averaging Provision and Technical Corrections 

A & DDD

6-63-2 71 FR 76517 12/20/2006 Final Rule 

National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry 

LLL 

6-63-3 71 FR 76603 12/21/2006 Final Rule 

National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry 

F & G 

6-63-4 71 FR 76922 12/22/2006 

Direct Final 

Rule 

National Emission Standards for Hazardous Air Pollutants for Surface Coating of Automobiles and Light-Duty Trucks 

IIII, MMPPPP 

6-63-5 71 FR 78369 12/29/2006 

Direct Final 

Rule 

National Emission Standards for Hazardous Air Pollutants for Shipbuilding and Ship Repair (Surface Coating) Operations 

II 

6-63-6 72 FR 26 1/3/2007 Final Rule 

Source Categories From Oil and Natural Gas Production Facilities 

A & HH 

6-63-7 72 FR 2929 1/23/2007 Final Rule 

National Emission Standards for Hazardous Air Pollutants for Area Sources: Polyvinyl Chloride and Copolymers Production, Primary Copper Smelting, Secondary Copper Smelting, and Primary Nonferrous Metals: Zinc, Cadmium, and Beryllium 

A, DDDDEEEEEE& GGGG

6-63-8 72 FR 8630 2/27/2007 

Withdrawal of 

direct final 

rule; notice of 

reopening of 

public 

comment 

period 

National Emission Standards for Hazardous Air Pollutants for Shipbuilding and Ship Repair (Surface Coating) Operations 

II 

6-63-9

72 FR 20227 

4/24/2007 

Direct Final 

Rule 

National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and LightIIII, PPPP 

1 of 5 
40 CFR Part 63 

Maximum Achievable Control Technologies for Source 

Categories of Hazardous Air Pollutants (MACT) 

Federal Register Notices 

Duty Trucks; National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products 

6-63-10 72 FR 25137 5/3/2007 Final Rule 

National Air Emission Standards for Hazardous Air Pollutants: Halogenated Solvent Cleaning 

T 

6-63-11 72 FR 27437 5/16/2007 Final Rule 

Revisions to Standards of Performance for New Stationary Sources, National Emission Standards for Hazardous Air Pollutants, and National Emission Standards for Hazardous Air Pollutants for Source Categories 

A 

6-63-12 72 FR 35663 6/29/07 

CFR 

Correction 

National Emission Standards for Hazardous Air Pollutants for Source Categories FR Correction 

6-63-13 72 FR 36363 7/3/07 

Direct Final 

Rule 

Amendments to National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting and Secondary Copper Smelting Area Sources 

EEEEEE FFFFFF 

6-63-14 72 FR 38863 7/16/07 Final Rule 

National Emission Standards for Hazardous Air Pollutants for Area Sources: Acrylic and Modacrylic Fibers Production, Carbon Black Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving 

A, LLLLMMMMMNNNNNOOOOOPPPPPP, QQQQQ

6-63-15 72 FR 61060 10/29/07 Final Rule 

National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products 

A & DDD

6-63-16 72 FR 64859 11/16/07 Final Rule 

Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry; Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries 

A, VV, VGGG, & 

6-63-17 72 FR 73180 12/26/07 Final Rule 

National Emission Standards for Hazardous Air Pollutants for Area Sources: Clay Ceramics 

Manufacturing, Glass Manufacturing, and Secondary 

Nonferrous Metals Processing 

A, RRRRSSSSSS, TTTTTT 

6-63-18 72 FR 73611 12/28/07 Final Rule 

National Emission Standards for Hospital Ethylene Oxide Sterilizers 

WWWW

6-63-19 72 FR 74088 12/28/07 Final Rule 

National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace 

A & YYY

2 of 5 
40 CFR Part 63 

Maximum Achievable Control Technologies for Source 

Categories of Hazardous Air Pollutants (MACT) 

Federal Register Notices 

Steelmaking Facilities; Final Rule 

6-63-20 73 FR 225 1/2/08 Final Rule 

National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources 

A & ZZZ

6-63-21 73 FR 1737 1/9/08 Final Rule 

National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources 

A & HHH

6-63-22 73 FR 1915 1/10/08 Final Rule 

National Emission Standards for Hazardous Air Pollutants for Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities; Final Rule 

BBBBBB CCCCCC 

6-63-23 73 FR 3567 1/18/08 Final Rule 

Standards of Performance for Stationary Spark Ignition Internal Combustion Engines and National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines 

A, JJJJ, Z

6-63-24 73 FR 7210 2/7/08 Final Rule 

National Emissions Standards for Hazardous Air Pollutants for Iron and Steel Foundries 

A & EEE

6-63-25 73 FR 8408 2/13/08 Correction 

National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area sources 

6-63-26 73 FR 12275 3/7/08 Correction 

National Emission Standards for Hazardous Air Pollutants for Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities; Correction 

CCCCCC 

6-63-27 73 FR 15923 3/26/08 

Direct Final 

Rule 

Amendments to National Emissions Standards for Hazardous Air Pollutants for Area Sources: Acrylic and Modacrylic Fibers Productions, Carbon Black Productions, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving 

LLLLLLMMMMMNNNNNOOOOOPPPPPP, QQQQQ

6-63-28 73FR 17252 4/1/08 

Direct Final 

Rule 

National Perchloroethylene Air Emissions Standards for Dry Cleaning Facilities 

M 

6-63-29 73 FR 18970 4/8/08 Final Rule 

NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste Combustors; Amendments 

EEE 

6-63-30 73 FR 21825 4/23/08 Direct Final National Emission Standards for Hazardous Air EEEE 

3 of 5 
40 CFR Part 63 

Maximum Achievable Control Technologies for Source 

Categories of Hazardous Air Pollutants (MACT) 

Federal Register Notices 

Rule Pollutants: Organic Liquids Distribution (NonGasoline) 

6-63-31 73 FR 35939 6/25/08 

Direct Final 

Rule 

National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities 

CCCCCC 

6-63-32 73 FR 37728 7/1/2008 Final Rule 

National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations 

WWWW

6-63-33 73 FR 39871 7/11/08 

Final rule; 

withdrawal; 

revision

National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities 

M 

6-63-34 73 FR 40977 7/17/08 

Final rule; 

partial 

withdrawal of 

direct final 

rule; 

amendments. 

National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (NonGasoline) 

EEEE 

6-63-35 73 FR 42529 7/22/08 Final rule. 

National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing 

6-63-36 73 FR 42978 7/23/08 Final rule 

National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Nine Metal Fabrication and Finishing Source Categories 

A, HHHH

6-63-37 73 FR 72727 12/1/08 

Direct Final 

Rule 

Amendments to National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities 

YYYYY 

6-63-38 73 FR 76220 12/16/08 Final Rule 

National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins (Polysulfide Rubber Production, Ethylene Propylene Rubber Production, Butyl Rubber Production, Neoprene Production); National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon Polyamides Production; 

4 of 5 
40 CFR Part 63 

Maximum Achievable Control Technologies for Source 

Categories of Hazardous Air Pollutants (MACT) 

Federal Register Notices 

5 of 5 

National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards (Acetal Resins Production and Hydrogen Fluoride Production) (Risk and Technology Review) 

6-63-39 73 FR 78637 12/23/08 Final Rule 

Revision of Source Category List for Standards Under Section 112(k) of the Clean Air Act; and National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities 

A, YYYY
Exhibit NMED 7 Narrative Summary Federal Register Notices Affected
Proposed changes to 20.2.77 NMAC (NSPS) 

NMED 

Exhibit 

# Title Action Summary 

7-60-1 Standards of Performance for New 

Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units: Reconsideration 

Notice of final 

action on 

reconsiderati

on 

On December 16, 2005, EPA published final rules Performance for New Stationary Sources and EmExisting Sources: Other Solid Waste Incineration Ufinal action, the Administrator received a petition foresponse to the petition, on June 28, 2006, EPA areconsideration of whether SSI should be exclude

waste incineration units (OSWI) rules and requestissue. After carefully considering all of the commereceived through our reconsideration process, we additional changes are necessary to the final OSWall other issues raised by the petitioner, we deny treconsideration. 

7-60-2 Standards of Performance for New 

Stationary Sources and Emission Guidelines for Existing Sources: Large Municipal Waste Combustors 

Notice of 

reconsiderati

on of final 

rule 

On May 10, 2006, EPA published a final rule entitlPerformance for New Stationary Sources and EmExisting Sources: Large Municipal Waste Combusfinal action, the Administrator received a petition foresponse to the petition, EPA is announcing its recaspects of the rule: operator stand-in provisions, dcontinuous monitors, and the status of operating pweeks prior to mercury and dioxin/furan testing. 
7-60-3 Notice of Finding That Certain States 

Did Not Submit Clean Air Mercury Rule (CAMR) State Plans for New and Existing Electric Utility Steam Generating Units and Status of Submission of Such Plans 

Final Rule In this action, EPA is making a finding on the statu

State Plans in response to the Clean Air Mercury requires States to develop plans for implementing mercury emissions from new and existing large, cogenerating units leading to nationwide reductions from such units and establishes November 17, 20submitting those plans. At present, some States hothers are still in the process of developing plans, not to submit plans but instead to allow a Federal emissions to go into effect in that State. In this acspecific findings that certain States did not submit the November 17, 2006 deadline and is otherwise status of State Plan submissions. In conjunction wproviding letters to each State regarding this actio

7-60-4 Revisions to Standards of Performance 

for New Stationary Sources, National Emission Standards for Hazardous Air Pollutants, and National Emission Standards for Hazardous Air Pollutants for Source Categories 

Final Rule This action promulgates revisions to the General P

of Performance for New Stationary Sources, for NStandards for Hazardous Air Pollutants, and for NStandards for Hazardous Air Pollutants for Source extensions to the deadline imposed for source owconduct an initial or subsequent performance test 

regulations. The General Provisions do not currenextensions of the deadlines for conducting perform
7-60-5 Two Optional Methods for Relative 

Accuracy Test Audits of Mercury Monitoring Systems Installed on Combustion Flue Gas Streams and Several Amendments to Related Mercury Monitoring Provisions 

Direct Final 

Rule 

EPA is taking direct final action on two optional meaccuracy audits of mercury monitoring systems insflue gas streams and several amendments to relatmonitoring provisions. This action approves two opemissions test methods for potential use in conjunregulatory requirement for Hg emissions monitorinrevisions to the mercury monitoring provisions thein regard to the testing and monitoring requiremenin the Federal Register on May 18, 2005. Since th

received numerous comments concerning the desevaluating and allowing use of the measurement t

the two optional methods in lieu of the methods idFederal Register publication, as they can produce measures of the relative accuracy achieved by Hg This action allows use of these two optional methodiscretion of the owner or operator of an affected eplace of the two currently specified methods. This 

amends Performance Specification 12A by adding to the list of reference methods acceptable for meconcentration and the Hg monitoring provisions of technical insights since gained by EPA which will himplementation including clarification and increasefor affected sources. 

7-60-6 Update of Continuous Instrumental 

Test Methods: Technical Amendments 

Direct Final 

Rule 

EPA is taking direct final action on ``Update of Co

Test Methods: Technical Amendments'' to correct rule that amended five instrumental test methods aMay 15, 2006. As published, the amendments conerrors and provisions that need to be clarified. We and clarifying portions of the amendments to reflecand to make them more understandable by affecte

7-60-7 Update of Continuous Instrumental 

Test Methods: Technical Amendments 

Withdrawal of 

Direct Final 

Rule 

EPA published a direct final rule on September 7, 

in a May 15, 2006, final rule amending five instrumreceived adverse comment during the comment p2007 direct final rule and are now withdrawing tha
7-60-8 Standards of Performance for 

Stationary Spark Ignition Internal Combustion Engines and National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines 

Final Rule EPA is promulgating new source standards of per

spark ignition internal combustion engines. EPA is national emission standards for hazardous air pollreconstructed stationary reciprocating internal comeither are located at area sources of hazardous aithat have a site rating of less than or equal to 500 are located at major sources of hazardous air poll

7-60-9 Standards of Performance for 

Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry; Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries 

Direct Final 

Rule; Stay 

EPA is taking direct final action on the standards operformance for equipment leaks of VOC in the SyChemicals Manufacturing Industry (SOCMI) and POn November 16, 2007, EPA promulgated amendnew standards for these industries. Following that Administrator received a petition for reconsideratiopetition, EPA granted a stay of certain provisions iand new standards. In this action, EPA is extendin

requirements under reconsideration until a final dethese issues. 

7-60-10 Standards of Performance for 

Petroleum Refineries 

Final Rule EPA is issuing final amendments to the current St

Performance for Petroleum Refineries. This action separate standards of performance for new, modifprocess units at petroleum refineries. The final staprocess units include emissions limitations and wofor fluid catalytic cracking units, fluid coking units, units, fuel gas combustion devices, and sulfur recofinal standards reflect demonstrated improvementtechnologies and work practices that have occurreof the current standards. 

7-60-11 Standards of Performance for 

Petroleum Refineries 

Final Rule; 

reconsiderati

on and stay 

of effective 

date 

This action grants Petitioners' request for reconsidrequest for a stay until December 25, 2008 for cerin the newly promulgated standards of performancreconstructed process units at petroleum refineriethe final rule promulgating amendments to the curperformance for petroleum refineries has not chan24, 2008. 
7-60-12 Control of Emissions From Nonroad 

Spark-Ignition Engines and Equipment 

Final Rule We are setting emission standards for new nonroa

engines that will substantially reduce emissions froexhaust emission standards apply starting in 2010 ignition engines, including first-time EPA standardinboard engines. The exhaust emission standards and 2012 for different sizes of new land-based, spor below 19 kilowatts (kW). These small engines alawn and garden applications. We are also adoptinstandards for vessels and equipment using any of addition, we are making other minor amendments  We estimate that by 2030, this rule will result in pollutant emissions from regulated engine and equincluding estimated annual nationwide reductions volatile organic hydrocarbon emissions, 132,200 tand 5,500 tons of directly-emitted particulate matteThese reductions correspond to significant reductiground-level ozone. We also expect to see annua1,461,000 tons of carbon monoxide emissions, witreductions in areas where there have been probleexposures. The requirements in this rule will substhealth and welfare and the environment. We estimannual basis, these emission reductions will prevepremature deaths, between 77 and 350 ozone-relaapproximately 1,700 hospitalizations and emergenwork days lost, 180,000 lost school days, 590,000 symptoms, and other quantifiable benefits every ybenefits of this rule in 2030 are estimated to be be$4.4 billion, assuming a 3% discount rate. The totarule in 2030 are estimated to be between $1.6 billiassuming a 7% discount rate. Estimated costs in 2less at approximately $190 million. 
7-60-13 Standards of Performance for FossilFuel-Fired Steam Generators for Which 

Construction Is Commenced After August 17, 1971; Standards of Performance for Electric Utility Steam Generating Units for Which Construction Is Commenced After September 18, 1978; Standards of Performance for Industrial-CommercialInstitutional Steam Generating Units; and Standards of Performance for Small Industrial-CommercialInstitutional Steam Generating Units 

Final Rule EPA is amending the new source performance sta

for electric utility steam generating units and indusinstitutional steam generating units. These amendregulations are to add compliance alternatives for of certain affected sources, eliminate the opacity sfacilities with a particulate matter (PM) limit of 0.03British thermal units (MMBtu) or less that choose tinstall and use PM continuous emission monitors compliance with that limit, and to correct technical 

Proposed changes to 20.2.78 NMAC (NESHAP) 

NMED 

Exhibit 

# Title Action Summary 

7-61-1 Revisions to Standards of Performance 

for New Stationary Sources, National Emission Standards for Hazardous Air Pollutants, and National Emission Standards for Hazardous Air Pollutants for Source Categories 

Final Rule This action promulgates revisions to the General P

for Standards of Performance for New Stationary SEmission Standards for Hazardous Air Pollutants, 

Emission Standards for Hazardous Air Pollutants fto allow for extensions to the deadline imposed fooperators to conduct an initial or subsequent perfo

by applicable regulations. The General Provisions provide for extensions of the deadlines for conduc
Proposed changes to 20.2.82 NMAC (MACT) 

NMED 

Exhibit 

# Title Action Summary 

7-63-1 National Emission Standards for 

Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters: Reconsideration of Emissions Averaging Provision and Technical Corrections 

Technical 

Correction 

EPA is promulgating amendments to the National Standards for Hazardous Air Pollutants (NESHAPCommercial, and Institutional Boilers and Process promulgation of this final rule, the Administrator refor reconsideration of certain provisions in the finaSubsequently, EPA published a notice of the reco

requested public comment on proposed amendmeAfter evaluating public comments, we are adopting amendments that we proposed. 

7-63-2 National Emission Standards for 

Hazardous Air Pollutants From the Portland Cement Manufacturing Industry 

Final Rule On June 14, 1999, under the authority of section 1

Clean Air Act (CAA), EPA promulgated national em

hazardous air pollutants (NESHAP) for new and e

Portland cement manufacturing industry. On DeceUnited States Court of Appeals for the District of C(D.C. Circuit) remanded parts of the NESHAP for tmanufacturing industry to EPA to consider, among standards based on the performance of the maxim

technology (MACT) floor standards for hydrogen cand total hydrocarbons (THC), and metal hazardo EPA published a proposed response to the couDecember 2, 2005. We received over 1700 commresponse. This action promulgates EPA's final rule response to the court's remand and the comments proposed amendments. 
7-63-3 National Emission Standards for 

Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry 

Final Rule In 1994, EPA promulgated national emission stand

hazardous air pollutants (NESHAP) for the synthe

manufacturing industry. This rule is commonly knoorganic NESHAP (HON) and established maximutechnology standards to regulate the emissions of pollutants from production processes that are loca The Clean Air Act directs EPA to assess the ris(residual risk) after the application of the maximum 

technology standards and to promulgate additionato provide an ample margin of safety to protect puprevent an adverse environmental effect. The Clearequires us to review and revise maximum achievastandards, as necessary, every 8 years, taking intdevelopments in practices, processes, and controhave occurred during that time.  On June 14, 2006, EPA proposed two options r

amend the current emission standards for synthetmanufacturing industry units. This action finalizes options, and reflects our decision not to impose funot to revise the existing standards based on the rtechnology review. It also amends the existing regaspects. 
7-63-4 National Emission Standards for 

Hazardous Air Pollutants for Surface Coating of Automobiles and Light-Duty Trucks 

Direct Final 

Rule 

EPA is taking direct final action on amendments to National Emission Standards for Hazardous Air PoCoating of Automobiles and Light-Duty Trucks (AuDuty Trucks NESHAP) which were promulgated o

the authority of section 112(d) of the Clean Air Actamendments provide the option of including surfac

motor vehicles under this rule. This action also marule amendments to the National Emission StandaPollutants for Surface Coating of Miscellaneous MProducts (Miscellaneous Metal Parts NESHAP) anEmission Standards for Hazardous Air Pollutants fPlastic Parts and Products (Plastic Parts NESHAPconsistency between these rules and the AutomobTrucks NESHAP. 
7-63-5 National Emission Standards for 

Hazardous Air Pollutants for Shipbuilding and Ship Repair (Surface Coating) Operations 

Direct Final 

Rule 

EPA is taking direct final action on amendments to national emission standards for hazardous air pollshipbuilding and ship repair (surface coating) operpromulgated on December 15, 1995 (60 FR 64330section 112(d) of the Clean Air Act (CAA). These damendments close an unintended gap in the scopto the NESHAP by amending the definition of ``shmarine or fresh-water vessels that are either (1) 20 length regardless of the purpose for which the vesused, or (2) less than 20 meters in length and desspecifically for military or commercial purposes. Aship repair coating operations performed on ``shipare subject to Subpart II if they take place at an ``aas defined in 40 CFR 63.782. The only exception shall not be construed to apply to coating activities to emission limitations or work practices under the manufacturing at 40 CFR part 63 subpart VVVV. Wdefinition of ``commercial'' to further clarify the typnonmilitary vessels less than 20 meters that we coThe amended definition of ``ship'' renders the term unnecessary and the amendments, therefore, elimterm in subpart II. 

7-63-6 Source Categories From Oil and 

Natural Gas Production Facilities 

Final Rule This action promulgates national emission standa

hazardous air pollutants to regulate hazardous air from oil and natural gas production facilities that a

The final national emission standards for hazardoumajor sources was promulgated on June 17, 1999respect to area sources was deferred. Oil and natidentified in the Urban Air Toxics Strategy as an afor regulation under section 112(c)(3) of the Clean benzene emissions from triethylene glycol dehydrasuch facilities. This final rule also amends a generregulation to allow the use of an ASTM standard amethod to EPA Method 18 in the National Emissio

Hazardous Air Pollutants From Oil and Natural Ga
7-63-7 National Emission Standards for 

Hazardous Air Pollutants for Area Sources: Polyvinyl Chloride and Copolymers Production, Primary Copper Smelting, Secondary Copper Smelting, and Primary Nonferrous Metals: Zinc, Cadmium, and Beryllium 

Final Rule EPA is issuing national emission standards for haz

(NESHAP) for four area source categories. These include emissions limits and/or work practice standthe generally available control technologies (GACTpractices in each of these area source categories. 

7-63-8 National Emission Standards for 

Hazardous Air Pollutants for Shipbuilding and Ship Repair (Surface Coating) Operations 

Withdrawal of 

direct final 

rule; notice of 

reopening of 

public 

comment 

period 

Because EPA received adverse comments, we ardirect final rule for the National Emission StandardPollutants for Shipbuilding and Ship Repair (Surfapublished on December 29, 2006. Additionally, thireopen the public comment period for 60 days to fcollection and submission of data by affected sourwill assist EPA in determining the appropriate couaddressing surface coating operations that are the direct final rule amendments. 

7-63-9 National Emission Standards for 

Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks; National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products 

Direct Final 

Rule 

EPA is taking direct final action on amendments to 

Standards for Hazardous Air Pollutants: Surface Cand Light-Duty Trucks (Automobiles and Light- Duwhich were promulgated on April 26, 2004, under 112(d) of the Clean Air Act. The direct final rule amAutomobiles and Light-Duty Trucks NESHAP to clbetween the Automobiles and Light-Duty Trucks NNational Emission Standards for Hazardous Air PoCoating of Plastic Parts and Products (Plastic Parthe meaning of certain regulatory provisions, and tidentified in the regulatory text. EPA is also taking amendments to the Plastic Parts NESHAP to clarinot subject to that rule. 
7-63-10 National Air Emission Standards for 

Hazardous Air Pollutants: Halogenated Solvent Cleaning 

Final Rule EPA is promulgating revised standards to limit em

methylene chloride (MC), trichloroethylene (TCE) (PCE) from facilities engaged in halogenated solveDecember 2, 1994, EPA promulgated technology-standards to control HAP emissions of halogenatehalogenated solvent cleaning. Pursuant to the Clesection 112(f), EPA has evaluated the remaining rthe environment following implementation of the teand is promulgating more stringent standards in oample margin of safety to protect public health. Thprovide further reductions of MC, PCE, and TCE bnational emission standards for hazardous air pollthrough application of a facility-wide total MC, PCEstandard. In addition, EPA has reviewed the standsection 112(d)(6) of the CAA and has determined account developments in practices, processes, anno further action beyond what is required under Cnecessary at this time. 

7-63-11 Revisions to Standards of Performance 

for New Stationary Sources, National Emission Standards for Hazardous Air Pollutants, and National Emission Standards for Hazardous Air Pollutants for Source Categories 

Final Rule This action promulgates revisions to the General P

for Standards of Performance for New Stationary SEmission Standards for Hazardous Air Pollutants, Emission Standards for Hazardous Air Pollutants fto allow for extensions to the deadline imposed fooperators to conduct an initial or subsequent perfoby applicable regulations. The General Provisions provide for extensions of the deadlines for conduc
7-63-12 National Emission Standards for 

Hazardous Air Pollutants for Source Categories FR Correction 

CFR 

Correction 

In Title 40 of the Code of Federal Regulations, Pa63.600 to 63.1199), revised as of July 1, 2006, in Sparagraph (e)(2), on page 547, in alphabetical orddefinition of ``Organic HAP'' to read as follows: Sec. 63.1103 Source category-specific applicabilrequirements. * * * * *  (e)* * *  (2)* * *  Organic HAP means the compounds listed in Tathis part. * * * * * 

7-63-13 Amendments to National Emission 

Standards for Hazardous Air Pollutants for Primary Copper Smelting and Secondary Copper Smelting Area Sources 

Direct Final 

Rule 

EPA is taking direct final action to amend the natioemission standards for primary copper smelting arsecondary copper smelting area sources publisheThe amendments to the national emission standarsmelting area sources clarify when plants must excontrol device and what control devices may be usrequirement; numbering errors are also corrected. the national emission standards for secondary copsources clarify the date which defines a new coppcross-referencing error. 

7-63-14 National Emission Standards for 

Hazardous Air Pollutants for Area Sources: Acrylic and Modacrylic Fibers Production, Carbon Black Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving 

Final Rule EPA is issuing six national emissions standards fo

air pollutants for seven area source categories. Thstandards and associated requirements for two ar(Flexible Polyurethane Foam Production and FlexFabrication) are combined in one subpart. These femission standards that reflect the generally availatechnologies or management practices in each of categories. 
7-63-15 National Emission Standards for 

Hazardous Air Pollutants: Plywood and Composite Wood Products 

Final Rule On June 19, 2007, the United States Court of App

District of Columbia Circuit (the Court) vacated EPthe National Emission Standards for Hazardous Aand Composite Wood Products that established acompliance deadline and that created and delisted subcategory of plywood and composite wood prodaction announces the Court's decision and promuamendments that will incorporate the Court's decisFederal Regulations. 

7-63-16 Standards of Performance for 

Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry; Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries 

Final Rule EPA is issuing final amendments to the standards 

performance for equipment leaks of volatile organsynthetic organic chemicals manufacturing industrof performance for equipment leaks of volatile orgpetroleum refineries. The amended standards for chemicals manufacturing industry apply to affected constructed, reconstructed, or modified after Januor before November 7, 2006. The amended standrefineries apply to affected facilities that are constreconstructed, or modified after January 4, 1983, aNovember 7, 2006. In this action, EPA is also issuperformance for equipment leaks of volatile organsynthetic organic chemicals manufacturing industrleaks of volatile organic compounds in petroleum to affected facilities that are constructed, reconstruafter November 7, 2006. The final amendments anbased on the results of our review of the existing rrequired by section 111(b)(1)(B) of the Clean Air A

7-63-17 National Emission Standards for 

Hazardous Air Pollutants for Area Sources: Clay Ceramics Manufacturing, Glass Manufacturing, and Secondary Nonferrous Metals Processing 

Final Rule EPA is issuing national emission standards for the 

Ceramics Manufacturing, Glass Manufacturing, anNonferrous Metals Processing area source categothree final emissions standards reflects the generatechnology or management practices used by sourespective area source category. 
7-63-18 National Emission Standards for 

Hospital Ethylene Oxide Sterilizers 

Final Rule EPA is issuing national emissions standards for ne

existing hospital sterilizers that emit hazardous air 

are area sources within the meaning of Clean Air AThe final rule is based on EPA's determination as the generally available control technology or manathe hospital sterilizer area source category.  This action is being finalized as part of EPA's obregulate area sources listed for regulation pursuansection 112(c)(3). 

7-63-19 National Emission Standards for 

Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities; Final Rule 

Final Rule EPA is issuing national emission standards for ele

furnace steelmaking facilities that are area sourcepollutants. The final rule establishes requirements mercury emissions that are based on the maximum technology and requirements for the control of othpollutants that are based on generally available comanagement practices. 

7-63-20 National Emission Standards for 

Hazardous Air Pollutants for Iron and Steel Foundries Area Sources 

Final Rule EPA is issuing national emission standards for haz

pollutants for two area source categories (iron foufoundries). The requirements for the two area soucombined in one subpart. The final rule establisherequirements for foundries based on size. Small aare required to comply with pollution prevention mfor metallic scrap, the removal of mercury switcheformulations. Large area source foundries are reqthe same pollution prevention management practicin addition to emissions standards for melting furnoperations. The final standards reflect the generalcontrol technology and/or management practices f
7-63-21 National Emission Standards for 

Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources 

Final Rule This action promulgates national emission standa

hazardous air pollutants (NESHAP) for area sourcstripping, surface coating of motor vehicles and mmiscellaneous surface coating operations. EPA haStripping,'' ``Plastic Parts and Products (Surface C``Autobody Refinishing Paint Shops'' as area sourpollutants (HAP) that contribute to the risk to publiareas under the Integrated Urban Air Toxics Strateincludes emissions standards that reflect the genecontrol technology or management practices in eacategories. ``Plastic Parts and Products (Surface Crenamed ``Miscellaneous Surface Coating,'' and ``Paint Shops'' has been renamed ``Motor Vehicle aSurface Coating'' to more accurately reflect the sccategories. 

7-63-22 National Emission Standards for 

Hazardous Air Pollutants for Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities; Final Rule 

Final Rule This action promulgates national emission standa

hazardous air pollutants for the facilities in the gasdistribution (Stage I) area source category. We are emission standards for hazardous air pollutants puAct section 112(c)(3) and 112(d)(5). We are addin

address the facilities contained in this area source first includes requirements for bulk distribution facgasoline distribution bulk terminals, bulk plants, anfacilities. The second includes requirements for loatanks at gasoline dispensing facilities. We are also reference four test methods. This action also finalinot to regulate the above noted facilities under Cle112(c)(6). 
7-63-23 Standards of Performance for 

Stationary Spark Ignition Internal Combustion Engines and National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines 

Final Rule EPA is promulgating new source standards of per

stationary spark ignition internal combustion enginpromulgating national emission standards for hazafor new and reconstructed stationary reciprocating engines that either are located at area sources of pollutant emissions or that have a site rating of les500 brake horsepower and are located at major sopollutant emissions. 

7-63-24 National Emissions Standards for 

Hazardous Air Pollutants for Iron and Steel Foundries 

Final Rule EPA is issuing amendments to the national emiss

for hazardous air pollutants (NESHAP) for iron and These final amendments add alternative complianat existing foundries and clarify several provisions operational flexibility and improve understanding orequirements. 

7-63-25 National Emission Standards for 

Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area sources 

Correction In rule document E7-24718 beginning on page 17

Wednesday, January 9, 2008, make the following Sec. 63.11173 [Corrected]  1. On page 1761, in the second column, in Secseventh line from the bottom, ``more'' should read  2. On the same page, in the same column, in ththe same paragraph, in the fifth line from the bottopractices'' should read ``requirements''. 

7-63-26 National Emission Standards for 

Hazardous Air Pollutants for Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities; Correction 

Correction This action corrects certain text of the final rules e

``National Emission Standards for Hazardous Air P

Categories: Gasoline Distribution Bulk Terminals, Pipeline Facilities; and Gasoline Dispensing Facilirules were published in the Federal Register on Ja
7-63-27 Amendments to National Emissions 

Standards for Hazardous Air Pollutants for Area Sources: Acrylic and Modacrylic Fibers Productions, Carbon Black Productions, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving 

Direct Final 

Rule 

EPA is publishing technical corrections through thfinal action to amend the national emission standamodacrylic fibers production, carbon black producmanufacturing: chromium compounds, flexible polproduction and fabrication, lead acid battery manupreserving area sources published on July 16, 200clarify certain provisions in two of the final area so(flexible polyurethane foam production and fabricabattery manufacturing) and correct editorial and puall of the final rules. 

7-63-28 National Perchloroethylene Air 

Emissions Standards for Dry Cleaning Facilities 

Direct Final 

Rule 

EPA is taking direct final action on amendments to national perchloroethylene air emission standards facilities promulgated on July 27, 2006, under the 112 of the Clean Air Act. This action amends rule applicability cross references that were not correcthe most recent proposed and final rule revisions, condenser performance monitoring may be done bprescribed methods (pressure or temperature), reginstalled pressure gauge is present. Without these area sources could erroneously be required to perwas proposed for only major sources, and installeperformance gauge readings could be required of prescribed temperature method is just as valid for 

7-63-29 NESHAP: National Emission Standards 

for Hazardous Air Pollutants: Standards for Hazardous Waste Combustors; Amendments 

Final Rule EPA is finalizing amendments to the national emis

standards for hazardous air pollutants (NESHAP) combustors, which EPA promulgated on October 

amendments to the October 2005 final rule clarify monitoring provisions, and also correct several omtypographical errors in the final rule. We are finalizfacilitate compliance and improve understanding orequirements. This rule does not address issues fosought reconsideration. Nor does it address issuecomment solicitation of September 27, 2007. 
7-63-30 National Emission Standards for 

Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline) 

Direct Final 

Rule 

EPA is taking direct final action on the national emstandards for hazardous air pollutants for organic (non-gasoline), which EPA promulgated on Februaamended on July 28, 2006. In this action, EPA is ccontrol device compliance requirements, certain scompliance dates, and vapor balance system monaddition, EPA is correcting typographical errors fo2006, final rule amendments. 

7-63-31 National Emission Standards for 

Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities 

Direct Final 

Rule 

EPA is taking direct final action on certain amendmNational Emission Standards for Hazardous Air PoCategory: Gasoline Dispensing Facilities, which EJanuary 10, 2008, and amended on March 7, 2008rule established national emission standards for hpollutants for the facilities in the gasoline distributiarea source category. This action only affects area dispensing facilities with a monthly throughput of 1gasoline or more. In this action, EPA is amending vacuum vent valve cracking pressure and leak ratvapor balance systems used to control emissions tanks at gasoline dispensing facilities. Newly consreconstructed gasoline dispensing facilities must crequirements of these amendments by the effectivamendments, or upon start-up, whichever is later. the compliance date for existing sources with a mo100,000 gallons of gasoline or more. 

7-63-32 National Emission Standards for 

Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations 

Final Rule We are issuing national emission standards for co

hazardous air pollutants (HAP) for the plating and source category. This final rule establishes emissiform of management practices for new and existinspraying equipment, and mechanical polishing eqplating and polishing processes. These final emissEPA's determination regarding the generally achietechnology (GACT) and/or management practices 

category. 
7-63-33 National Perchloroethylene Air 

Emission Standards for Dry Cleaning Facilities 

Final rule; 

withdrawal; 

revision 

EPA published a direct final rule and parallel propoApril 1, 2008, to amend revisions to the national pemission standards for dry cleaning facilities which July 27, 2006. Because we received adverse comcomment period on the direct final rule and parallewithdrawing the direct final rule and taking final acproposed rule to reflect our response to the comm

7-63-34 National Emission Standards for 

Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline) 

Final rule; 

partial 

withdrawal of 

direct final 

rule; 

amendments.

EPA published proposed and direct final rule ame

April 23, 2008, of the national emission standards pollutants for organic liquids distribution (non-gasopromulgated on February 3, 2004, and amended oBecause adverse comments were received on two proposed and direct final rule amendments, EPA icorresponding regulatory amendments in the directhey become effective on July 22, 2008. The other amendments discussed in the direct final rule, for receive any adverse comments, will become effecas we stated in that notice. In addition, in this actiofinal rule amendments regarding the provisions thaupon and withdrawn, and responds to the adverse received. Additionally we are correcting typographidentified in other sections of the rule text that werin the April 23, 2008, notices. 

7-63-35 National Emission Standards for 

Hazardous Air Pollutants for Semiconductor Manufacturing 

Final rule. EPA is issuing amendments to the national emiss

for hazardous air pollutants (NESHAP) for semicoThese amendments establish a new maximum actechnology floor level of control for existing and neair pollutants process vent streams containing inohazardous air pollutants and clarify the emission rprocess vents by adding definitions for organic, inocombined hazardous air pollutant process vent strorganic and inorganic hazardous air pollutant. 
7-63-36 National Emission Standards for 

Hazardous Air Pollutants: Area Source Standards for Nine Metal Fabrication and Finishing Source Categories 

Final rule EPA is issuing national emission standards for con

hazardous air pollutants for nine metal fabrication source categories (identified in section I.A. below)establishes emission standards in the form of manequipment standards for new and existing operatioblasting, machining, dry grinding and dry polishing spray painting and other spray coating, and weldinstandards reflect EPA's determination regarding thachievable control technology and/or managemenarea source categories. 

7-63-37 Amendments to National Emission 

Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities 

Direct Final 

Rule 

EPA is taking direct final action to amend the natiofor electric arc furnace (EAF) steelmaking facilities of hazardous air pollutants published on Decembeamendments to the area source standards for EAF clarify applicability of the opacity limit, make the perequirements for particulate matter consistent with new source performance standards for EAF steelmtitle V test data to be used to demonstrate compliadefinition of ``scrap provider'' to include EAF steelown and operate a scrap shredder. 
7-63-38 National Emission Standards for 

Hazardous Air Pollutant Emissions: Group I Polymers and Resins (Polysulfide Rubber Production, Ethylene Propylene Rubber Production, Butyl Rubber Production, Neoprene Production); National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and NonNylon Polyamides Production;National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards (Acetal Resins Production and Hydrogen Fluoride Production) (Risk and Technology Review) 

Final Rule This final rule responds to public comments receiv

proposed rule and announces our decision not to emission standards for hazardous air pollutants thindustrial source categories evaluated in our risk areview. The four national emission standards and source categories are: National Emissions StandaPollutant Emissions: Group I Polymers and Resins Production, Ethylene Propylene Rubber Productio

Production, and Neoprene Rubber Production); NaStandards for Hazardous Air Pollutants for Epoxy Non-nylon Polyamides Production; National EmissHazardous Air Pollutants for Acetal Resins ProducEmission Standards for Hazardous Air Pollutants f

Production. The underlying national emission stanreviewed in this action limit and control hazardous  On December 12, 2007, we proposed not to revemission standards based on our residual risk asstechnology review. After conducting risk and technafter considering public comments on the proposeadditional control requirements are warranted undor 112(d)(6) of the Clean Air Act at this time. 

7-63-39 Revision of Source Category List for 

Standards Under Section 112(k) of the Clean Air Act; and National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities 

Final Rule EPA is revising the area source category list by ch

name of the ferroalloys production category to claall types of ferroalloys. We are also adding two ad(calcium carbide and silicon metal) to the source cissuing final national emissions standards for contpollutants (HAP) for area source ferroalloys produfinal emissions standards for new and existing soudetermination regarding the generally available co(GACT) or management practices for the source c
Exhibit NMED 8 Federal Register Notices (on CD only)
Exhibit NMED 8 Federal Registe Notices (on CD only)

The Federal Registers on the CD are cited in Exhibits NMED 6.1, 6.2, and 6.3

and are also available at the Federal Government Printing Office (GPO)

Access web site at http://www.gpoaccess.gov/multidb.html 

Some of the Federal Registers are available in their respective dockets at the

Federal Government Regulations.gov web site at http://www.regulations.gov
Exhibit NMED 9.1 Delegation of Authority Letter (NSPS and NESHAP)
... 

l . - ' . 

c~ /- Ge:r-l=t :M-ez±-AJ ill.L 

fC:_\)f 

Y>~~-'s ~~ev->- -r 11 r?.£ / 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 3J11i ~ 

REGION VI ~----. ~~ I /

1201 ELM STREET J ! ~ ) I" 

DALLAS, >EXAS 75270 l~ -' u ~~' 2; yjl[ 

.., March 15, 1985 

Honorable Toney Anaya 

Governor of New Mexico 

Santa Fe, New Mexico 87503 

Dear Governor Anaya: 

In response to your letter of October 19, 1984, I am pleased to grant 

your request for delegation of authority for implementation and enforcement of New Source Performance Standards and National Emission ,.standards~~ 

for Hazardous Air Pollutants to the New Mexico Environmental Improvement Division. 

The pertinent laws of the State of New Mexico and the rules and regulations 

of the New Mexico Environmental Improvement Division have been reviewed 

and have been found to provide an adequate and effective procedure for 

implementation and enforcement of the New Source Performance Standards 

and National Emission Standards for Hazardous Air Pollutants by the New 

Mexico Environmental Improvement Division and the State of New Mexico. 

The resources and capabilities of the New Mexico Environmental Improvement 

Division have been found to be adequate to implement and enforce these 

programs. 

Therefore, I am delegating authority to the New Mexico Environmental 

Improvement Division to implement and enforce New Source Performance 

Standards and National Emission Standards for Hazardous Air Pollutants, 

promulgated by the Environmental Protection Agency (EPA) through March 14, 

1984, and December 9, 1983, respectively. This delegation of authority 

is granted pursuant to Sections 11l(c) and 112(d) of the Clean Air Act, 

and is subject to the conditions and limitations stated in the delegation. 

Except as specifically limited in this letter, all of the authority and 

responsibilities of the Administrator or the Regional Administrator 

which are found in 40 CFR Part 60 and 40 CFR Part 61 as of the date of 

this letter are delegated to the New Mexico Environmental Improvement 

Division. Any of such authority and responsibilities may be redelegated 

by the Division to its Director or staff. 

In addition, the New Mexico Environmental Improvement Division will maintain 

partial delegation of authority for the technical and administrative 

review of New Source Performance Standards promulgated or revised after 

March 14, 1984, and of National Emission Standards for Hazardous Air 

Pollutants promulgated or revised after December 9, 1983. This partial 

delegation of authority is also subject to the conditions and limitations 

stated in the delegation. 
2 

Since this delegation is effective immediately, there is no requirement 

that the State notify the EPA of its acceptance. Unless the EPA receives 

from the State of New Mexico a written notice of objection within ten 

days of the date of receipt of this letter, the State of New Mexico and 

the New Mexico Environmental Improvement Division will be deemed to have 

accepted all of the terms of the delegation. 

Sincerely yours, --...... 

ck Whittington, t.~ P.E. 

Regional Administrator 

Enclosure 

cc: Denise Fort, Director 

New Mexico Environmental Improvement Division 

P. 0. Box 9~8, Crown Building 

Santa Fe, New Mexico 87504-0968 
PROVISIONS 

for 

FULL DELEGATION 

for the 

NATIONAL EMISSION STANDARDS FOR 

HAZARDOUS AIR POLLUTANTS (NESHAP) AUTHORITY 

and 

NEW SOURCE PERFORMANCE STANDARDS (NSPS) AUTHORITY 

to the 

STATE OF NEW MEXICO 

(40 CFR Parts 60 and 61) 

EFFECTIVE DATE: 

March 15, 1985 
Introduction 

On October 19, 1984, the Governor of New Mexico requested that the U.S. 

Environmental Protection Agency (EPA) delegate full authority to New 

Mexico for the New Source Performance Standards (NSPS) program and for 

the National Emission Standards for Hazardous Air Pollutants (NESHAP) 

program. The Governor based his request upon the adoption by the New 

Mexico Environmental Improvement Board of Air Quality Control Regulation 

750 (New Source Performance Standards), and Air Quality Control Regulation 

751 (Emission Standards for Hazardous Air Pollutants) on July 13, 1984. 

Under the New Mexico Air Quality Control Act, the City of Albuquerque 

and Bernalillo County have established a program for the local administration and enforcement of the Air Quality Control Act, in lieu of the New 

Mexico Environmental Improvement Board. The authority delegated in this 

document excludes those sources located within the boundaries of Bernalillo 

County. 

Full Delegation 

EPA has reviewed the Governor•s request, Air Quality Control Regulations 

750 and 751, and all other available information on the New Mexico Environmental Improvement Division (NMEID), including its implementation of 

the partial delegation of these programs. EPA finds that the NMEID has 

an adequate and effective procedure for implementing and enforcing the 

NSPS and NESHAP programs in the State of New Mexico, except for Indian 

lands, as defined at 18 U.S.C. §1151. Therefore, EPA hereby delegates 

the following authority for the implementation and enforcement of the 

NSPS and NESHAP to the State of New Mexico, subject to the conditions 

and limitations specified below: 

1. Authority for all sources located in the State of New Mexico, outside 

Indian lands, subject to the NSPS promulgated in 40 CFR Part 60 through 

March 14, 1984. 

2. Authority for all sources located in the State of New Mexico, outside 

Indian lands, subject to the NESHAP promulgated in 40 CFR Part 61 through 

December 9, 1983. 

Conditions and Limitations 

1. Implementation and enforcement of NSPS and NESHAP in the State of 

New Mexico, outside Indian lands, will be the primary responsibility of 

the NMEID. If the State of New Mexico or the NMEID determines that such 

implementation or enforcement is not possible or feasible, either with 

respect to an individual source, a class of sources, or generally, the 

NMEID shall, within 30 days, notify EPA Region 6 of such impossibility 

or infeasibility so that EPA may timely exercise its concurrent authority 

with respect to sources within the State of New Mexico. 

2. Acceptance of this delegation constitutes agreement by the State of 

New Mexico and the NMEID to follow all interpretations, past and future, 

made by EPA of 40 CFR Parts 60 and 61, including determinations of appli-
2 

cabi~ity. Prior EPA concurrence shall be obtained on any matter involving 

the interpretation of Sections 111 or 112 of the Clean Air Act or 40 CFR 

Parts 60 or 61 to the extent that application, implementation, administration, or enforcement of these sections have not been covered by 

prior EPA determinations or guidance. 

3. The State of New Mexico and the NMEID are not authorized to approve 

or disapprove any application, exemption, variance, or grant waiver of 

compliance with any provision of 40 CFR Part 61. The State of New Mexico 

or the NMEID are, however, authorized to receive, review, evaluate, and 

recommend to EPA approval or disapproval of an application, exemption, 

variance or waiver. 

4. The Federal NSPS regulations in 40 CFR Part 60, as amended, do not 

have provisions for granting waivers by class of testing requirements or 

variances, hence this delegation does not convey to the State of New Mexico 

or the NMEID authority to grant waivers by class of testing requirements or 

variances from NSPS regulations. 

5. The State of New Mexico and the NMEID shall utilize the methods 

specified in applicable Appendices and Subparts of 40 CFR Parts 60 or 

61 in determining compliance with the regulations, including requiring 

tests at the times required by the regulations. 

Authority is delegated to approve minor modifications to the reference 

test methods in 40 CFR Parts 60 and 61, during either a pre-test meeting 

or the actual sampling period. These minor modifications would have to 

produce results essentially identical to the reference method results. 

Approval of these minor modifications should be based on sound engineering 

judgment. Under no circumstances are modifications to be used which 

might result in the non-uniform application of the standards. 

6. If at any time there is a conflict between any State regulation and 

any provision of 40 CFR Parts 60 or 61, the Federal regulation must be 

applied to the extent that it is more stringent than that of the State. 

If the State of New Mexico or the NMEID does not have the authority to 

enforce the more stringent Federal regulation, the NMEID shall immediately 

notify EPA Region 6 pursuant to Condition 1 above. This delegation may 

be revoked by EPA, in whole or in part, in the event any such conflict 

makes implementation or enforcement of NSPS or NESHAP administratively 

impractical. 

7. If a claim of confidentiality or any other reason should ever legally 

prevent the State of New Mexico and the NMEID from providing to EPA any or 

all information required by or pertaining to the implementation of NSPS 

and NESHAP, the NMEID shall, upon request, assist EPA Region 6 in obtaining 

that information directly from the source. At a minimum, such assistance 

shall consist of providing to EPA an identification of the nature of the 

information which the State cannot provide. In the absence of such a legal 

reason, the State and the NMEID shall make available to any designated 

representative of EPA upon request all records, reports, or information 

provided to, or otherwise obtained by, the State in accordance with the 

provisions of 40 CFR Parts 60 or 61. 
3 

8. All matters in process at the time of delegation of authority may be 

processed through to completion by EPA Region 6, or may, at the request 

of the NMEID and at the discretion of EPA, be transferred to the NMEID 

for completion. Appropriate reproduction of pertinent file material in 

the EPA Region 6 files in relation to source regulation under NSPS and 

NESHAP shall be provided through mutual cooperation of the staffs of the 

respective offices. 

9. Existing monthly reports normally submitted to EPA Region 6 for the 

Compliance Data System (CDS) shall be expanded to contain pertinent information relating to the status of sources subject to 40 CFR Parts 60 or 61. 

As a minimum, the following information must be provided to EPA: the name, 

address, type and size of each facility; date that operation at the facility 

commenced and dates of most recent compliance test; the compliance status of 

each facility with accompanying explanations of noncompliance where applicable; 

notice of enforcement actions brought against facilities because of violations 

of 40 CFR Parts 60 or 61; surveillance actions undertaken for each facility; 

and the results of all reports relating to emissions data, including excess 

emissions reports. 

10. Emission data, as defined in 40 CFR 2.301(a)(2), shall be made available 

to the public. Emission data is to be correlated with applicable emission 

limitations or other measures in such a manner as to show the relationship 

between measured or estimated amounts of emissions and the amounts of such 

emissions which are allowable under the applicable emission limitations. 

If any information which is defined as emission data is found to be not 

available to the public by reason of State law or other legal requirement, 

the NMEID shall so notify EPA, Region 6, so that EPA may take the action 

necessary to release such data. 

11. No authority is granted to the State or the NMEID to take any action 

which would require rulemaking by EPA. This limit on authority includes 

the grant of a waiver of testing requirements for any class of sources. 
Partial Delegation 

The NMEID has requested that it have partial delegation for sources for 

which new regulations or revised regulations are promulgated, except for 

sources in Indian lands, as defined at 18 U.S.C. §1151. EPA hereby 

delegates the following partial authority for the implementation of the 

NSPS and NESHAP to the State of New Mexico subject to the following 

conditions and limitations: 

1. Authority for all sources located in the State of New Mexico, outside 

Indian lands, subject to NSPS promulgated in 40 CFR Part 60 after 

March 14, 1984, for which full delegation has not been granted above. 

2. Authority for all sources located in the State of New Mexico, outside 

Indian lands, subject to NESHAP promulgated in 40 CFR Part 61 after 

December 9, 1983, for which full delegation has not been granted above. 

3. Authority for all sources located in the State of New Mexico, outside 

Indian lands, subject to NSPS for which full delegation is granted above, 

when part or all of that NSPS has been revised after March 14, 1984. 

4. Authority for all sources located in the State of New Mexico, outside 

Indian lands, subject to NESHAP for which full delegation is granted above, 

when part or all of that NESHAP has been revised after December 9, 1983. 

Conditions and Limitations 

1. The NMEID shall conduct only the technical and administrative review 

including determination of applicability, review and evaluation of NSPS 

and NESHAP applications, review and evaluation of requests for waivers 

of compliance under 40 CFR 61.11 and/or waivers of emission tests under 

40 CFR 61.13, performance and evaluation of inspections, and observance 

and evaluation of compliance tests and continuous emission monitoring 

tests. 

2. All conditions and limitations specified above for full delegation 

apply also to this partial delegation. 
A n0tice of this delegation of authority will be published in the Federal 

Register in the near future. The notice will state, among other things, 

that effective immediately, all reports required pursuant to the Federal 

NSPS and NESHAP by sources located in the State of New Mexico should be 

submitted-to the New Mexico Health and Environment Department, Environmental Improvement Division, P. 0. Box 968, Crown Building, Santa Fe, 

New Mexico, 87504-0968. Any such reports which may be received by EPA, 

Region 6, after the effective date of this delegation will be promptly 

transmitted to the NMEID. 

Whitt1ngton, P •• 

egional Administrator 

Region 6 

U.S. Environmental Protection Agency 

Dallas, Texas 

1.5: /9?s 
Exhibit NMED 9.2 Delegation of Authority Letter (MACT)
UNITED STATES ENVIRONMEN"T;AL PROTECTION AGENCY 

REGION 6 

Mr. Mark Weidler 

Secretary 

1445 ROSS AVENUE, SUITE 1200 

DALLAS, TX 75202-2733 

-.rut 2 7 1995 

New Mexico Environment Department 

P.O. Box 26110 

Santa Fe, NM 87502-6110 

Dear Mr. Weidler: 

Our office has completed review of your November 9, 1994, 

submittal for delegation of authority under 40 Code of Federal 

Regulations (CFR) Part 63, Subpart E to implement and enforce 

the following regulations: the New Mexico Air Quality control 

Regulation (AQCR) 780, since renamed as 20 New Mexico , Administrative Code (NMAC) 2.82 - Maximum Achievable Control 

Technology Standards for Source Categories of Hazardous Air 

Pollutants; and the New Mexico AQCR 755, since renamed 20 NMAC 

2.83 - Construction or Modification of Major Sources of Hazardous 

Air Pollutants and amendments to AQCR 702. 

Specifically, your submittal seeks delegation of authority 

to implement and enforce the following Federal standards: 

1} the National Emission standards for Hazardous Air 

Pollutants (NESHAP) for source Categories: General Provisions 

for 40 CFR Part 63, Subpart A, promulgated March 16, 1994; 

2) NESHAP for Source categories: Organic Hazardous Air 

Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry and Other Processes Subject to the Negotiated Regulation 

for Equipment Leaks - Hazardous Organic NESHAP, 40 CFR Part 63, 

Subparts F, G, H, and I promulgated April 22, 1994, and 

subsequent correction notices; • 

3) NESHAP for Source Categories: Coke oven Batteries 

promulgated October 27, 1994, and subsequent correction notice, 

January 13, 1994; 

4) NESHAP for source categories: Perchloroethylene Dry 

Cleaning Facilities promulgated September 22, 1993, and the 

associated amendment published on December 20, 1993. 

Your submittal was found to be complete with respect to the 

information necessary to grant authority to implement and enforce 

these Maximum Achievable Control Technology (MACT) standards and 

('f)) Recycled/Recyclable 
2 

General Provisions; thus with this letter, we are delegating to 

the New Mexico Environment Department the authority to implement 

and enforce these standards as they apply to major sources in 

New Mexico. 

Your letter also requests that the Environmental Protection 

Agency (EPA) grant the New Mexico Environment Department (NMED) 

full authority to implement and enforce the requirements of 

section 112(g) of the Clean Air Act Amendments of 1990 which was 

adopted to govern modifications to hazardous air pollutant (HAP) 

sources. Your submittal includes 20 NMAC 2.83 which addresses 

the modification, construction, and reconstruction of HAP 

sources. 

on February 14, 1995, an Interpretive Notice regarding the 

112(g) rule was published in the Federal Register. This 

interpretive ruling postpones the effective date of section 

112{g) until after the EPA has promulgated a rule addressing that 

provision. As a result, it is EPA's understanding that the NMED 

has decided not to promulgate this regulation and has withdrawn 

this rule from EPA's consideration. Therefore, Region 6 is 

returning the 20 NMAC 2.83 rule to the NMED for future action by 

the State. 

Region 6 is pleased that the NMED is actively pursuing 

delegation of federally promulgated MACT standards and looks 

forward to working closely with you to accomplish this goal. 

If you have any questions or comments regarding the contents 

of this letter, please contact Ms. Adele Cardenas at 

(214) 665-7210. 

Sincerely yours, 

A. Stanley Meiburg 

Acting Regional Administrator 

cc: Mr. Bill Blankenship 

New Mexico Environment Department~ 
Exhibit NMED 10.1 Public Notice (Albuquerque Journal, Spanish/English)
adf:t/YVL 

STATE OF NEW MEXICO 

County of Bernalillo SS 

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 

_L_, times, the first publication being on the £~l:ry of 

~~' 200 , n s uent consecutive publications on __ _ 

----~ ~---~~-+---+--+------------------'20 ___ . 

Statement to come at end of month. 

/1 (/ /) 0/ vu 

ACCOUNT NUMBER __,~--"""""0_V __ rf__ _ 

CLA-22-A (R-1/93) 

JUN 8 2009 

AIR QUALITY BUREI\U 
onyof 

·. · .. i&e, dt,~ttach, 

atedt9.bf!bt· . . . . ... n•a!· the n~ar-

,~~; :ach .·the' ie~ cit any ;@c6~- meQded modification~ to lh.e pro- P,OSed new.and. rev1sed regula- tions, · · · · ..· 

Notices. of in.tent. for · .t.he .• h.ea.ri.ng must be .received in the 0ffice of 

the Board no later·thah 5:00 pm on June 22, 2009,. and should ref- erence the docket number, EIB 

09,03 (R), and the date ofthe · hearing. Notfces of intent to pres- ent technical testimony should be 

submitted to: · · 1 

Joyce Mea1na,.· Board Aclministrntor 

Office· of the Environmental lm· 

provement Board. · .Harold Runnels Building .. 1190 St. . .Francis Dr., RoiJm N2150 I 2153 .. ·· .. ·.··· Santa Fe, NM 87502 

Phone: (505) 827:2425, Fax (505), 827·2836 .· . . 

Any member bf the general public maY. testifY atthe hearing,J\Jo prior nolificatidn is clequiredto present non-technical testimony at the 

hearing: Jl.ny; such meml1et may also offer. exhibits. in. connection 

wifli lijs testimony; so lonQ as the e~hil111 !s,~otunaulyJepelitious of 

the festnnony: . ·. ·• · 

The Board· may rila~e ~ decision on the rroposea··revised regufa· !Ions :a ttie conclusion 'of the 

hearing,. or the Board may. con: vene a meeting after the nearing to consider action on the proposal. 

.. Las regulaciohes revisa:Jas pfo:' p~.est.as. e. ~tan. :ct .. lsjloni.bl.es.j)a·r·a· 'r.e. Vision durante, horas latiofi:iles 

regulares en:ta Oflcimnte 

de Cali.dad del ;Aire cJe · ubicada. en 13 

sc 

vo y !aboral; ·· . :< (3) resumir oiocluit{lnaco)liad~l 

testl:noni~·difEidtode eaqa•testlgo tecmco e 1nd1car Ia durac1on esge: rada deltestimonlo'd(l ese testigo; .·· .. · .···.·.· .. · ·.. ; ·.: (4) e.num~rary describir; O(ldjun' tar, cada pruef>a·.que:se:espera 

que. ofrezc? esa p~rson<I ·en :Ia 

' aud1encia· y · :: ·.·: (5) adjuniar el texto de cuales' 

qui!'ra n:odificaciones a las regu- laCiones nuevas y revisadas prd· puestas. · . ; 

L!l.Junta puede. tamar una cteciSJon sabre las' regulacibnes re- VIsadas propuestas cuando con- cluyata audien.cia; oJa Junta 

puede cpnvenlr una reunion ~esP.Ues. de .Ia audiencia para cons1derar accion sabre Ia · · · propuesta; . . .. . · Journal:, May 4, 2009. 
Exhibit NMED 10.2 Public Notice (New Mexico Register)
Invoice 

Invoice Number: NMR-2009- 276 

Date: 

Bill To: Adam Keaster 

EIB -Air Qual 

1301 Siler Rd #B 

Santa Fe, NM 87505-

SRC Authorization 

Bridgett Wood 

5/4/2009 

(505) 476-7875 5/4/2009 

Commission ofPublic Records 

Administrative Law Divison 

1205 Camino Carlos Rey 

Santa Fe, NM 87507-

Phone: (505) 4 76-7907 

Fax: (505) 476-7910 

Ship To (if different address): 

EIB -Air Qual 

1301 Siler Rd #B 

Santa Fe, NM 87505-

Date Shipped Shipped Via 

--------+---- -~----~---------

InterAgency 667 - ~--~-~--- ------------ -------- ------~---- ----------~- ---------------- - _________ , ___ - --- ------~- ~---- ----~---~---

Quantity 

21 

Description ------------- ------------ ----------------------~-- -- --~- --- Columnar inch Notice 

Revenue Code Unit Price Total 

431902 $L50 $3L50 ' - ----------'----- ---------- -- ---------------------- --~----------------------- - -----~----~----------------~----

Subtotal $31.50 : 

For Internal Use Only Payment Amount 

Payment Method: Purchase Order Number: 0000007550 Amount Due- $3L50 

Payment Amount: ------------------ -------------------------- --------------~~- --------------- --------- ----

State Records Center and Archives 

Please pay promptly t~_r:__e_~~~~~~·--~~~~~~~· -~~~~~~~!~~ --~ /1E!~!l!_I~()_{P!tb}l_C: R~co __ r __ d __s _________ _ 

Form SRC-2002-03 - Revised September 2006 
·-- ~·-·--~--~- -·-·----- -

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, Jolm Mmiinez , 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: 4/30/2009 Agency: 

Volume: XX Issue # : 8 EIB -Air Qual 

Invoice# : NMR-2009- 276 

Amount: $31.50 

Description: 

Notice 

(seal) 

Contact: Adam Keaster 

1301 Siler Rd #B 

Santa Fe, NM 87505-

Notice of Public Meeting 

State of New Mexico, County of Santa Fe 

Signed and affirmed before me on Monday, May 04, 2009 

by John Martinez (L{)r 

~,~:::;::!lie: [MY~~~~es ~Q\?) Affiant: 7 9JY,1. _1/. 711~ _ ··~---- ____ _ 

Publisher, (fv Mexico Register U Date: 5/4/2009 

-Copies ~~the published material documented in this affidavit are enclosedForm SRC-2002-04 Revised July 2007 
New Mexico Register I Volume XX, Number 8 I April 30, 2009 423 

Notices of Rulemaking and Proposed Rules 

NEW MEXICO 

ENVIRONMENTAL 

IMPROVEMENT BOARD 

NEW MEXICO ENVIRONMENTAL 

IMPROVEMENT BOARD 

NOTICE OF RULEMAKING HEARING 

The New Mexico Environmental 

Improvement Board ("Board") will hold a 

public hearing on July 7, 2009 at 8:00 a.m. 

in Room .317 at the State Capital in Santa 

Fe, New Mexico. The purpose of the hearing is to consider the matter of EIB 09-04 

(R), proposed revisions to Air Quality 

Control Regulations 20.2. 2 New Mexico 

Administrative Code (NMAC) 

(Definitions); 20.2. 74 NMAC (PermitsPrevention of Significant Deterioration) and 

20.2. 79 NMAC (Permits- Nonattainment 

Areas). 

The proponent of this regulatory adoption 

and revtston is the New Mexico 

Environment Department ("NMED"). 

The purpose of the public hearing is to consider and take possible action on a petition 

from NMED regarding proposed revisions 

to 20.2.2 NMAC - Definitions; 20.2. 74 -

Permits - Prevention of Significant 

Deterioration; and 20.2. 79 - Permits -

Nonattainment Areas to comply with 

Implementation Rules adopted by the U.S. 

Environmental Protection Agency (EPA) 

for the 8-hour ozone and particulate matter 

2.5 microns in size and less (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS). Under Section II O(A)(2) of the 

Clean Air Act, states are required to update 

state implementation plans upon the promulgation of a new or revised NAAQS. The 

NMED will host an informational open 

house on the proposed revisions to 20.2.2 , 

20.2.74, and 20.2.79 NMAC at the NMED 

Air Quality Bureau Office, 130 I Siler Rd, 

Building B, Santa Fe, New Mexico 87507, 

from 2:00p.m.-6:00p.m. on May 21, 2009. 

The proposed revised regulations may be 

reviewed during regular business hours at 

the NMED Air Quality Bureau office, 1301 

Siler Road, Building B, Santa Fe, New 

Mexico. Full text of NMED's proposed 

revised regulations are available on 

NMED's web site at 

www.nmenv.state.nm. us, or by contacting 

Gail Cooke at (505) 476-4319 or 

gail.cooke@state.nm.us. 

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, the Air 

Quality Control Act Section, 74-2-6 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. Persons 

wishing to present technical testimony must 

file with the Board a written notice of intent 

to do so. The notice of intent shall: 

(I) identify the person for whom the witness(es) will testify; 

(2) identify each technical witness that the 

person intends to present and state the qualifications of the witness, including a 

description of their education and work 

background; 

(.3) summarize or include a copy of the 

direct testimony of each technical witness 

and state the anticipated duration of the testimony of that witness; 

( 4) list and describe, or attach, each exhibit 

anticipated to be offered by that person at 

the hearing; and 

(5) attach the text of any recommended 

modifications to the proposed new and 

revised regulations. 

Notices of intent for the hearing must be 

received in the Office of the Board not later 

than 5:00 pm on June 22, 2009, and should 

reference the docket number, EIB 09-04 

(R), and the date of the hearing. Notices of 

intent to present technical testimony should 

be submitted to: 

Joyce Medina, Board Administrator 

Office of the Environmental Improvement 

Board 

Harold Runnels Building 

1190 St. Francis Dr., Room N-2150 I 2153 

Santa Fe, NM 87502 

Phone: (505) 827-2425, Fax (505) 827-

28.36 

Any member of the general public may testify at the hearing. No prior notification is 

required to present non-technical testimony 

at the hearing. Any such member may also 

offer exhibits in connection with his testimony, so long as the exhibit is not unduly 

repetitious of the testimony. 

A member of the general public who wishes to submit a written statement for the 

record, in lieu of providing oral testimony at 

the hearing, shall file the written statement 

prior to the hearing, or submit it at the hearing. 

Persons having a disability and needing 

help in being a part of this hearing process 

should contact Judy Bentley by June 22, 

2009 at the NMED, Personnel Services 

Bureau, P.O. Box 26110, 1190 St. Francis 

Drive, Santa Fe, New Mexico, 87502, telephone 505-827-9872. TDY users please 

access her number via the New Mexico 

Relay Network at 1-800-659-8.331. 

The Board may make a decision on the proposed revised regulations at the conclusion 

of the hearing, or the Board may convene a 

meeting at a later date to consider action on 

the proposaL 

NEW MEXICO 

ENVIRONMENTAL 

IMPROVEMENT BOARD 

NEW MEXICO ENVIRONMENTAL 

IMPROVEMENT BOARD 

NOTICE OF PUBLIC MEETING AND 

RULEMAKING HEARING 

The New Mexico Environmental 

Improvement Board ("Board") will hold a 

public hearing on the July 7, 2009 at 8:00 

a.m. at the State Capitol Building, Room 

317, 490 Old Santa Fe Trail, Santa Fe NM 

87501 The purpose of the hearing is to consider the matter of EIB 09-03 (R) proposed 

revtswns to Air Quality Control 

Regulations 20.2.77 NMAC (New Source 

Performance Standards), 20.2.78 NMAC 

(Emission Standards for Hazardous Air 

Pollutants) and 20.2.82 NMAC (Maximum 

Achievable Control Technology Standards 

for Source Categories of Hazardous Air 

Pollutants). 

The proponent of this regulatory adoption 

and revtston is the New Mexico 

Environment Department ("NMED"). 

NMED proposes to revise 20.2.77 NMAC 

to incorporate by reference federal New 

Source Performance Standards. 20.2. 78 

NMAC to incorporate by reference federal 

National Emission Standards for Hazardous 

Air Pollutants. NMED proposes to revise 

20.2.82 NMAC to incorporate by reference 

federal Maximum Achievable Control 

Technology Standards for Source 

Categories. 

The proposed revised regulations may be 

reviewed during regular business hours at 

the NMED Air Quality Bureau office, 1301 

Siler Rd. building B, Santa Fe, New Mexico 

87507. Full text of NMED's proposed 

revised regulations are available on 

NMED's web site at 

wwwnmenv.state.nnLus, or by contacting 

Adam Keasler at (505) 476-5559 or 
424 New Mexico Register I Volume XX, Number 8 I April 30, 2009 

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, the Air 

Quality Control Act Section, 74-2-6 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. Persons 

wishing to present technical testimony must 

file with the Board a written notice of intent 

to do so. The notice of intent shall: 

(I) identify the person for whom the witness(es) will testify; 

(2) identify each technical witness that the 

person intends to present and state the qualifications of the witness, including a 

description of their education and work 

background; 

(3) summarize or include a copy of the 

direct testimony of each technical witness 

and state the anticipated duration of the testimony of that witness; 

(4) list and describe, or attach, each exhibit 

anticipated to be offered by that person at 

the hearing; and 

(5) attach the text of any recommended 

modifications to the proposed new and 

revised regulations. 

Notices of intent for the hearing must be 

received in the Office of the Board no later 

than 5:00pm on June 22, 2009, and should 

reference the docket number, EIB 09-03 

(R), and the date of the hearing. Notices of 

intent to present technical testimony should 

be submitted to: 

Joyce Medina, Board Administrator 

Office of the Environmental Improvement 

Board 

Harold Runnels Building 

1190 St. Francis Dr., Room N-2150 I 2153 

Santa Fe, NM 87502 

Phone: (505) 827-2425, Fax (505) 827-

2836 

Any member of the general public may testify at the hearing. No prior notification is 

required to present non-technical testimony 

at the hearing. Any such member may also 

offer exhibits in connection with his testimony, so long as the exhibit is not unduly 

repetitious of the testimony. 

A member of the general public who wishes to submit a written statement for the 

record, in lieu of providing oral testimony at 

the hearing, shall file the written statement 

prior to the hearing, or submit it at the hearPersons having a disability and needing help in being a part of this hearing process should 

contact Judy Bentley by June 22, 2009 at the NMED, Human Resources Bureau, P.O. Box 

261 I 0, 1190 St. Francis Drive, Santa Fe, New Mexico, 87502, telephone 505-827-9872. 

TDY users please access her number via the New Mexico Relay Network at I -800-659-

8331. 

The Board may make a decision on the proposed revised regulations at the conclusion of 

the hearing, or the Board may convene a meeting after the hearing to consider action on the 

proposal. 

NEW MEXICO MASSAGE THERAPY BOARD 

LEGAL NOTICE 

Public Rule Hearing and Regular Board Meeting 

Notice is hereby given that the New Mexico Massage Therapy Board will convene a Rule 

Hearing to hear public testimony and comments regarding proposed amendments, repeals 

and/or replacements to the following rules: 

Title 16, Chapter 7, Part I 

Title 16, Chapter 7, Part 2 

Title 16, Chapter 7, Part 3 

Title 16, Chapter 7, Part 4 

Title 16, Chapter 7, Part 5 

Title 16, Chapter 7, Part 6 

Title 16, Chapter 7, Part 7 

Title 16, Chapter 7, Part I 0 

Title 16, Chapter 7, Part II 

Title 16, Chapter 7, Part 12 

Title 16, Chapter 7, Part 14 

Title 16, Chapter 7, Part 16 

General Provisions 

Professional Conduct 

Fees 

Requirements for Licensure 

Requirements for Schools 

Requirements for Instructors 

Students 

Examinations 

Continuing Education 

License/Registration Renewal 

Complaints 

Parental Responsibility Act Compliance 

The Rule Hearing will be held at the Regulation and Licensing Department, Rio Grande 

Conference Room, in the Toney Anaya Building, 2550 Cerrillos Road Santa Fe, New 

Mexico 87505 on Wednesday, June 3, 2009 beginning at 10:00 a.m. 

Following the Rule Hearing the New Mexico Massage Therapy Board will convene a regular board meeting to consider adoption of the proposed amendments, repeals and/or replacements to the rules. 

Persons desiring copies of the proposed amendments, repeals and/or replacement to the 

rules may write to the Board office at 2550 Cerrillos Road Santa Fe New Mexico 87505 

call (505) 476-4870 or download them from the bo~rd's web site a~ www.rld.state.nm.us/massage. Written comments that are submitted prior to the hearing 

must be submitted to the Board office flO later than May 18, 2009. Persons wishing to present written comments at the hearing are asked to provide (8) copies of any comments or proposed changes. In addition, persons may present their comments orally at the hearing. 

If you have questions, or if you are an individual with a disability who wishes to attend the 

hearing or meeting, but need a reader, amplifier, qualified sign language interpreter, or any 

other form of auxiliary aid or service to participate, please call the Board office at (505) 476-

4870 at least two weeks prior to the hearing or as soon as possible. 

Jackie Holmes, Board Administrator 

PO Box 25101- Santa Fe, New Mexico 87504 
New Mexico Register / Volume XX, Number 8 / April 30, 2009 

NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD 

NOTICE OF PUBLIC MEETING AND RULEMAKING HEARING 

The New Mexico Environmental Improvement Board ("Board") will hold a public hearing on the July 7, 2009 at 

8:00 a.m. at the State Capitol Building, Room 317, 490 Old Santa Fe Trail, Santa Fe NM 87501. The purpose of the 

hearing is to consider the matter of EIB 09-03 (R) proposed revisions to Air Quality Control Regulations 20.2.77 

NMAC (New Source Performance Standards), 20.2.78 NMAC (Emission Standards for Hazardous Air Pollutants) 

and 20.2.82 NMAC (Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air 

Pollutants). 

The proponent of this regulatory adoption and revision is the New Mexico Environment Department ("NMED"). 

NMED proposes to revise 20.2.77 NMAC to incorporate by reference federal New Source Performance Standards. 

20.2.78 NMAC to incorporate by reference federal National Emission Standards for Hazardous Air Pollutants. 

NMED proposes to revise 20.2.82 NMAC to incorporate by reference federal Maximum Achievable Control 

Technology Standards for Source Categories. 

The proposed revised regulations may be reviewed during regular business hours at the NMED Air Quality Bureau 

office, 1301 Siler Rd. building B, Santa Fe, New Mexico 87507. Full text of NMED's proposed revised regulations 

are available on NMED’s web site at www.nmenv.state.nm.us, or by contacting Adam Keaster at (505) 476-5559 or 

adam.keaster@state.nm.us. 

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, the Air Quality Control 

Act Section, 74-2-6 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. Persons wishing to present 

technical testimony must file with the Board a written notice of intent to do so. The notice of intent shall: 

(1) identify the person for whom the witness(es) will testify; 

(2) identify each technical witness that the person intends to present and state the qualifications of the witness, 

including a description of their education and work background; 

(3) summarize or include a copy of the direct testimony of each technical witness and state the anticipated duration 

of the testimony of that witness; 

(4) list and describe, or attach, each exhibit anticipated to be offered by that person at the hearing; and 

(5) attach the text of any recommended modifications to the proposed new and revised regulations. 

 

Notices of intent for the hearing must be received in the Office of the Board no later than 5:00 pm on June 22, 2009, 

and should reference the docket number, EIB 09-03 (R), and the date of the hearing. Notices of intent to present 

technical testimony should be submitted to: 

Joyce Medina, Board Administrator 

Office of the Environmental Improvement Board 

Harold Runnels Building 

1190 St. Francis Dr., Room N-2150 / 2153 

Santa Fe, NM 87502 

Phone: (505) 827-2425, Fax (505) 827-2836 

Any member of the general public may testify at the hearing. No prior notification is required to present nontechnical testimony at the hearing. Any such member may also offer exhibits in connection with his testimony, so 

long as the exhibit is not unduly repetitious of the testimony. 

A member of the general public who wishes to submit a written statement for the record, in lieu of providing oral 

testimony at the hearing, shall file the written statement prior to the hearing, or submit it at the hearing. 
New Mexico Register / Volume XX, Number 8 / April 30, 2009 

Persons having a disability and needing help in being a part of this hearing process should contact Judy Bentley by 

June 22, 2009 at the NMED, Human Resources Bureau, P.O. Box 26110, 1190 St. Francis Drive, Santa Fe, New 

Mexico, 87502, telephone 505-827-9872. TDY users please access her number via the New Mexico Relay Network 

at 1-800-659-8331. 

The Board may make a decision on the proposed revised regulations at the conclusion of the hearing, or the Board 

may convene a meeting after the hearing to consider action on the proposal. 
Exhibit NMED 10.3 JJJJ / ZZZZ White Paper Summary
White Paper Summary 

40 CFR Part 60 Subpart JJJJ - Standards of Performance for Stationary Spark 

Ignition Internal Combustion Engines and 

40 CFR Part 63 Subpart ZZZZ - National Emission Standards for Hazardous Air 

Pollutants for Reciprocating Internal Combustion Engines 

This document is intended to provide the regulated community with an overview of the 

new federal emission standards for stationary spark ignition internal combustion engines 

and air toxics standards for reciprocating internal combustion engines. This document is 

not intended to address every requirement of these new and revised rules, so both rules 

should be read in their entirety. A copy of the preamble and final rules may be found at 

the following EPA webpage: www.epa.govlttn/oarpglt3pfpr.html [Docket ID No.s EPAHQ-OAR-2005-0030 and EPA-HQ-OAR-2005-0029]. The final rules are also located in 

the Code of Federal Regulations at: Electronic Code of Federal Regulations 

(http :I I ecfr. gpoaccess. gov I cgiltltextltext-idx?c=ecfr&tpl =%2F index. tpl). 

New Source Performance Standard (NSPS) Subpart JJJJ Summary 

This rule became effective on March 18, 2008, and applies to new, modified and 

reconstructed stationary spark ignition (SI) internal combustion engines (ICE), regardless 

of size and combusting any fuel. This rule does not apply to combustion turbines. 

Emissions are controlled to levels achievable by Best Demonstrated Technology (BDT). 

The regulated pollutants are NOx, CO and VOC, plus a sulfur limit on gasoline. 

Note: The final NSPS for stationary compression ignition (CI) engines (Subpart IIII) was 

published on July 1, 2006. 

National Emission Standards for Hazardous Air Pollutants (NESHAP) Subpart 

ZZZZ Summary 

This revised rule also became effective on March 18, 2008, and includes requirements to 

regulate emissions from new and reconstructed stationary reciprocating internal 

combustion engines (RICE) ::5500 hp at major sources of hazardous air pollutants (HAP) 

and all new and reconstructed stationary RICE at area sources. 

A HAP major source is a facility with a potential to emit 10 (tons per year) tpy of a single 

HAP or 25 tpy of a combination of HAPs. An area source is a source that is not a HAP 

maJor source. 

The new NESHAP regulations are a revision to existing Subpart ZZZZ that is applicable 

to stationary RICE >500 hp at major sources, promulgated in 2004. The regulated 

pollutants are the seven urban RA..PS (7 polycyclic aromatic hydrocarbons (P A_Hs ), 

acetaldehyde, arsenic, benzene, beryllium compounds, cadmium compounds and 

formaldehyde) using CO or VOC as surrogates. 

Owners and operators of an area source subject to the final rule are exempt from the 

obligation to obtain a Title V permit provided they are not required to obtain a permit 

under 40 CFR 70.3(a) for a reason other than their status as an area source (40 CFR 

Rev. 1-20-09 
Page 2 of 10 

70.3(a) covers applicability to the Title V permitting program and requires any source, 

including an area source, subject to standards under Section 111 or 112 of the Clean Air 

Act to obtain a Title V permit.). 

Note: Neither the NSPS Subpart JJJJ nor the NESHAP Subpart ZZZZ addresses 

emissions from existing stationary reciprocating internal combustion engines. A 

separate, future rulemaking process will address existing sources. 

NSPS Subpart JJJJ Standards 

The standards in Tables 1 and 2 apply to manufacturers. 

Table 1: NOx, HC, NMHC and CO Emission Standards for Stationary SI Engines <19 

kW (25 hp) Manufactured after July 1, 2008. [The_engine manufacturer is required to 

certify that the engines meet these standards.] 

Engine Class Emission Standards in g/kW-hr (glhp-hr) 

HC+NOx NMHC+NOx co 

I 16.1 14.8 

100 cc< Displacement<225 cc (12.0) (11.0) 

I-A 50 -- Displacement <66 cc (37) 610 

I-B 40 37 (455) 

66 cc< Displacement<IOO cc (30) (27.6) 

II 12.1 I 1.3 

Displacement ;:::225 cc (9.0) (8.4) 

Table 2: NOx, HC, NMHC and CO Emission Standards for Stationary Non-Emergency 

SI Gasoline Engines > 19 k W (25 hp) and Rich Bum LPG Engines > 19 k W (25 hp) [The 

engine . manu f: ac tur er . . d t rt"fy h t th . h d d ] IS requue o ce I t a e engines meet t ese stan ar s. 

Maximum Manufacture Date Emission Requirement in g/kW-hr (glhp-hr) 

Engine Power HC+NOx co 

July 1, 2008 2.7 4.4 

(2.0) (3.3) 25<hp<500 July 1, 2008 2.7 130.0 

(severe duty) (2.0) (97.0) 

July I, 2007 2.7 4.4 

(2.0) (2.2) hp;:::soo July I, 2007 2.7 130.0 

(severe duty) (2.0) (97.0) 

Note: Gasoline-fired SI engines must use gasoline meeting the requirements of 40 CFR 

80.195 (regulation of fuels and fuel additives), including a maximum sulfur content of 80 

ppm. 

Manufacturers of gasoline or LPG rich bum emergency engines must certify such units to 

the standards in 40 CFR Part 90 (<130 hp) or Part 1048 (~130 hp). 

The standards in Tables 3 and 4 apply to owners and operators of the specified engine 

types that commence construction after June 12, 2006 and that are manufactured after the 
Page 3 of 10 

applicable dates. For the purposes of this NSPS, the date that construction commences is 

that date the engine is ordered by the owner or operator. 

Table 3: NOx, HC, NMHC and CO Emission Standards for Owners/Operators of 

Stationary Non-Emergency SI Natural Gas Engines 19<kW<75 (25<hp<1 00) and Lean 

Burn LPG Engines 19<kW<75 (25<hp<l00) [Optional manufacturer certificationl 

Maximum Engine Manufacture Date Emission Requirement in g/kW-hr (glhp-hr) 

Power HC+NOx co 

July I, 2008 3.8 6.5 

(2.8) (4.8) 25<hp<IOO July I, 2008 3.8 200.0 

(severe duty) (2.8) (149.2) 

Table 4: NOx, CO and VOC Emission Standards for Owners/Operators of Stationary 

Non-Emergency SI Engines >100 hp (except gasoline and rich burn LPG), Stationary SI 

Landfill/Digester Gas Engines, Stationary Emergency >25hp [Optional manufacturer 

certification 1 

Emission Standards Engine Type and Maximum Manufacture Date glhp-hr ppmvd @ I 5% 0 2 Fuel Engine Power 

NOx co voc NOx co voc 

Non-Emergency 

SI Natural Gas 07/01/2008 2.0 4.0 1.0 160 540 86 and 100:Shp<500 

Non-Emergency 

SI Lean Burn LPG 01/01/201 I 1.0 2.0 0.7 82 270 60 

Non-Emergency 

SI Lean Burn 500:Shp<I,350 01/01/2008 2.0 4.0 1.0 160 540 86 

Natural Gas and 

LPG 07/0l/20IO 1.0 2.0 0.7 82 270 60 

hp~500 07/01/2007 2.0 4.0 1.0 160 540 86 

Non-Emergency 

SI Natural Gas 

and 

Non-Emergency 

SI Lean Burn LPG hp~500 07/01/2010 1.0 2.0 0.7 82 270 60 

(except lean burn 

500:Shp<I,350) 

07/0I/2008 3.0 5.0 1.0 220 6IO 80 

Landfill Digester HP<500 

Gas (except lean 01/011201 I 2.0 5.0 1.0 I 50 610 80 

burn 

07/01/2007 3.0 500::;hp<1,350) hp~500 5.0 1.0 220 610 80 

07/0112010 2.0 5.0 1.0 150 610 80 

Landfill/ Digester 500:Shp<1,350 01/01/2008 3.0 5.0 1.0 220 610 80 

Gas lean burn 07/0'/2010 2.0 5.0 1.0 150 610 80 

Emergency 25<hp<130 01/01/2009 10 387 N/A N/A N/A N/A 

hp~130 2.0 4.0 1.0 160 540 86 
Page 4 of 10 

NSPS Subpart JJJJ Compliance 

Manufacturers 

Manufacturers that are required to certify their engines must follow the certification and 

testing procedures in 40 CFR Part 90 or 1 048, as applicable. 

Manufacturers that voluntarily certify their SI engines to the applicable standards must do 

so using pipeline-quality natural gas, or if the engines are certified using another fuel, 

specify the fuel properties and required adjustments the owner/operator must make 

during installation to meet the standards while combusting the alternative fuel. 

Owners and operators of natural gas engines are allowed to use propane as a backup fuel 

up to 100 hours per year. If an engine is operated on propane > 100 hours per year 

without certification when using propane, the owner/ operator is required to conduct 

performance tests while combusting propane to demonstrate compliance with the 

standards. 

Owners/Operators 

Owners/operators using any engines ::S25 hp or gasoline or rich bum LPG engines >25 hp 

must certify compliance by using engines certified under 40 CFR Part 90 or 1048, as 

applicable. 

Owners/operators using engines >25 hp using fuels other than gasoline and that are not 

rich bum LPG engines > 25 hp must demonstrate compliance by either using an engine 

certified to the applicable standards or by conducting an initial performance test (some 

engine sizes require periodic performance tests). 

The owner/operator must keep maintenance records for all engines subject to the NSPS, 

and a Maintenance Plan is required for non-certified engines, including certified engines 

operating in a non-certified manner. Owners/operators of certified engines who do not 

follow the manufacturer's emission-related operation & maintenance procedures are 

considered to be operating non-certified engines, subject to performance testing. 

Owners/operators of certified engines <100 hp that are operating in a non-certified 

manner are not required to conduct performance tests; however, owners/operators are 

required to maintain and operate the engines in a manner consistent with good practices 

to minimize emissions. 

Owners/operators of certified engines 2::100 hp<500 that are operating in a non-certified 

manner must conduct performance tests within the first year of engine operation. 

Owners/operators operating certified engines >500 hp in a non-certified manner must 

conduct performance tests within the first year of operation and every 87 60 hours of 

operation or 3 years thereafter, whichever comes first. 
Page 5 of 10 

Modified Sources 

The final standards also apply to stationary engines manufactured before July 1, 2007 or 

July 1, 2008 that have been modified or reconstructed after June 12, 2006. For the 

purposes of this NSPS, a stationary engine that has been overhauled as part of a 

maintenance program is not considered to have been modified if there is no increase in 

the engine's emissions. 

NSPS Subpart JJJJ Recordkeeping and Reporting 

Owners/operators of all engines are required to maintain records of proper maintenance 

and non-certified engines must have a maintenance plan. 

Initial notification is required for engines >500 hp that are non-certified. 

Owners/operators of emergency engines are required to keep records of their hours of 

operation. 

Owners/ operators who are required to conduct performance testing on engines must 

report the results within 60 days of each performance test. 

NESHAP Subpart ZZZZ Compliance at HAP Major Sources 

Owners/operators ofSI stationary RICE :S500 hp at HAP major sources (except for 4-

stroke lean burn ( 4SLB) RICE 2502::hp<500) that demonstrate compliance with the 

requirements of the final NSPS Subpart JJJJ will be in compliance with the NESHAP. 

Owners/operators of 4SLB stationary RICE 250 2::hp<500, manufactured on or after 

January 1, 2008, are required to reduce CO by 93% or limit formaldehyde in the engine 

exhaust gas to 14 ppmvd or less at 15% 0 2, plus comply with the NSPS Subpart JJJJ 

requirements except for the CO emission standards (40 CFR 63.6601). 

See 40 CFR 63.6600 for owner/operator requirements for other RICE located at major 

sources not included in 63.6601. 

Owners/operators of compression ignition (CI) stationary engines :S500 hp at HAP major 

sources that demonstrate compliance with the requirements ofNSPS Subpart IIII will be 

in compliance with the 1'\IESHAP. 

New and reconstructed stationary RJCE :S500 hp that start-up before January 18, 2008 

must comply with the J\TESHAP no later than January 18,2008. New and reconstructed 

stationary RICE :S500 hp that start-up after January 18, 2008 must comply at start-up. 

NESHAP Subpart ZZZZ Compliance at HAP Area Sources 

Owners/operators that demonstrate compliance with either NSPS Subpart IIII or JJJJ, as 

appropriate, will be in compliance with the NESHAP. 
Page 6 of10 

New and reconstructed stationary RICE that start-up before January 18, 2008 must 

comply no later than January 18, 2008. New and reconstructed stationary RICE ::;500 hp 

that start-up after January 18, 2008 must comply at start-up. 

NESHAP Reconstructed Sources 

The final NESHAP standards apply to stationary engines on which reconstruction 

commenced on or after June 12,2006. 

NESHAP Subpart ZZZZ Recordkeeping and Reporting 

Stationary RICE ::;500 hp at HAP major sources will be able to demonstrate compliance 

with the NESHAP by meeting the recordkeeping and reporting requirements of the 

appropriate NSPS (Subpart 1111 or JJJJ). 

New or reconstructed 4SLB stationary RICE 2::250 hp ::;500 at HAP major sources must 

meet the specific reporting and recordkeeping requirements of Subpart ZZZZ. 

If you have any questions concerning these new rules, please contact Cember Hardison of 

the Air Quality Bureau at 505-476-4300, extenstion 4346. 
Page 7 of10 

FAQs 

Question: How and when will the AQB implement these regulations (incorporate them 

into the State Implementation Plan)? 

Answer: The Bureau typically requests a hearing before the EIB in the fall of each year 

to reopen 20.2. 77 and 20.2. 78 NMAC to adopt by reference any NSPS or NESHAP that 

were promulgated by the EPA in the previous year. With the exception ofthe National 

Emission Standards for Emissions of Radionuclides other than Radon from Department 

of Energy Facilities ( 40 CFR Part 61, Subpart H), these state rules have adopted all 

promulgated NSPS and NESHAP up to November 30, 2006, including the authority to 

implement and enforce the requirements ofNSPS IIII. When the AQB goes before the 

EIB during the spring of 2009, the intent is to adopt any NSPS or NESHAP promulgated 

from December 1, 2006 through December, 2008. Therefore, the AQB intends to have 

the authority to implement and enforce NSPS JJJJ and NESHAP ZZZZ by mid 2009. 

Even though these rules will not be adopted until 2009, you are still required to determine 

whether or not any of your equipment is subject to the rule and comply with all 

applicable requirements. 

Question: To whom do we submit notifications and reports until these rules are 

incorporated into the SIP? 

Answer: Until the NSPS JJJJ and NESHAP ZZZZ have been adopted by the Department, 

you should submit any required notifications and reports to USEP A Region VI. 

Question: How does the AQB define 'modification' and 'reconstruction'? 

Answer: The NSPS definitions of 'modification' and 'reconstruction' are included in 40 

CFR 60.14 & 60.15, respectively. The NESHAP 'reconstruction' criteria are found in 40 

CFR 63.2. As stated above, for the purposes ofNSPS JJJJ, a stationary engine that has 

been overhauled as part of a maintenance program is not considered to have been 

modified if there is no increase in the engine's emissions. 

Question: If an engine previously covered under a Notice of intent (NO I) is required to 

have controls to meet the applicable NSPS JJJJ or NESHAP ZZZZ standard, is a 

construction permit required under 20.2. 72.200.A.3 NMAC? 

Answer: 20.2.72.202.C NMAC exempts sources and units that would otherwise be 

subject to a Part 72 permit if the only reason a permit is required is the applicability of 

certain NSPS and NESHAP. However, these units must obtain an NOI or meet the 

notification requirements of the applicable NSPS or NESHAP to qualifY for this 

exemption. Please note that this exemption does not apply to sources subject to 40 CFR 

Part 60 Subpart I (Asphalt Plants) and Subpart 000 (Rock Crushers), and to 40 CFR 

Part 61 Subpart C (Beryilium) and Subpart D (Beryilium Rocket Motor Firing). 

Question: Can NSPS JJJJ and NESHAP ZZZZ limits be used to determine applicability 

under 20.2.72.200. A (&B) NMAC? 

Answer: Yes. Since the NSPS JJJJ and NESHAP ZZZZ limits are federally enforceable 

these limits can be used in determining the applicability under 20.2.72.200.A (&B) 

NMAC. 
Page 8 of 10 

Question: What happens if a facility needs to swap out an engine? Can these still be 

handled as administrative revisions? 

Answer: Maybe. PSD minor sources may continue to replace like-kind units as 

administrative revisions in accordance with current Bureau policy. PSD major sources 

are required to submit a netting analysis if the potential emission rate exceeds a 

PSD significance threshold. Note that 20.2.74.7.U(2) NMAC defines a 'replacement 

unit' as an existing unit (20.2.74.7.AS NMAC defmes a 'replacement unit'). The 

federally enforceable NSPS emission standards should be taken into account when 

determining the potential emission rate (PER). 

Question: If a portable compressor unit has an engine that was manufactured before the 

dates in the rule, will it be required to meet the new standards after relocation? 

Answer: No, unless the unit has been modified or reconstructed. 

Question: What are the expectations when permittees submit manufacturer's data? 

Answer: The submittal of this data is not required by the NSPS; however, the 

owner/operator is required to maintain documentation that the engine is certified to meet 

the standards of 40 CFR Parts 90 or 1048. 

Question: What does the Bureau expect from regulated sources on compliance testing 

and what protocols should be used? 

Answer: The Bureau expects regulated sources to follow the testing requirements of the 

NSPS and NESHAP. The specific requirements, including test methods, are detailed in 

Table 2 to Subpart JJJJ of Part 60 and Table 4 to Subpart ZZZZ of Part 63. 

Question: When will subsequent performance testing be required? 

Answer: See§ 60.4243 of the NSPS. Subsequent performance testing is required for SI 

ICE >500 hp every 8760 hours or 3 years, whichever comes first. Also, if you modify or 

reconstruct an engine subject to the rule, you will need to conduct a performance test to 

demonstrate continued compliance with the rule. This applies to non-certified engines or 

certified engines operating in a non-certified manner. 

Question: How will the AQB enforce these regulations until they are incorporated into 

the SIP? 

Answer: The AQB will not enforce 1~SPS JJJJ or the revised portions of1~ESHAP 

ZZZZ until they have been adopted by reference in 20.2. 77 NMAC and 20.2. 78 NMAC. 

However, you still have a duty to comply with all applicable federal regulations. These 

regulations are enforceable by U.S. EPA. 

Question: How does the new rule define a "facility"? Does it consist of the engine, 

everything on the skid, or everything on-site? Provide case study examples of what the 

facility boundaries may be. 

~;:;;;..:.;....;;.:;;..;;, There is no definition for "facility" found in 40 CFR 60 (NSPS) or 40 CFR 63 

(NESHAP), however, the following definitions are found for these rules: 
Page 9 of 10 

Affected Facility, Existing Facility, and Stationary Source- Definitions at 40 CFR 60.2 

Affected Source - Definitions at 40 CFR 63.2 

Oil and Gas Production Facility- Definitions at 40 CFR 63.6675 

Question: Is there any OEM (original equipment manufacturer) that is certifying engines 

at 25 HP or less, and if not, how can owners and operators satisfy the requirements that 

these engines be certified? 

Answer: Per 40 CFR 60.4231 (as revised at 73 FR 59175, Oct. 8, 2008) manufacturers 

must certify stationary SI ICE with a horsepower of 25 or less and manufactured on or 

after July 1, 2008 according to the requirements of 40 CFR parts 90 or 1054. 

Question: Is Method 25A- Determination of Total Gaseous Organic Concentration 

Using a Flame Ionization Analyzer a satisfactory testing method when measuring VOC 

emissions, and can CO be used as a surrogate for formaldehyde? 

Answer: VOC testing requirements for NSPS JJJJ are found in 40 CFR 60.4244 and 

Table 2 to Subpart JJJJ. VOC testing options listed in Table 2 include 25A and 18 from 

appendix A of 40 CFR 60; Method 320 from Appendix A of 40 CFR 63; or ASTM 

D6348-03. There are no limits for VOCs in NESHAP ZZZZ. 

CO and formaldehyde testing requirements are found in 40 CFR 63.6620 and Table 4 of 

Subpart ZZZZ. Testing options listed in Table 4 include measuring CO using a portable 

analyzer and measuring formaldehyde with Methods 320 or 323 of 40 CPR 63, appendix 

A; or ASTM D6348-03 b. 

A discussion concerning the NMHCNOC standards and test methods are found in pages 

55 tb..rough 58 of the preamble to the final NSPS JJJJ ~11d NESI-LAP ZZZZ rules (EPAHQ-OAR-2005-030, FRL-RIN 2060-AM81). 

Question: Can a Streamlined permit go to an NOI (or even an NPR) if emissions controls 

were put on to meet NSPS. 

Answer: 1\l"SPS and tffiSP.tAP requirements are federally enforceable. t~SR permit 

applicability (20.2. 72 NMAC) is based upon the Potential Emission Rate (PER) of a 

pollutant which allows for emissions limits due to federally enforceable requirements 

(see PER definition at 20.2.72.7.Y). If a source is subject to an NSPS or NESHAP that 

requires methods for limiting emissions, that source can use the after control emissions to 

determine NSR construction permit applicability. If a source is not subject to an NSPS or 

NESHAP, the source can not take credit for after control emissions. 

If a permittee re-evaluates emissions for a facility and finds that the facility-wide PER is 

less than 10 lblhr and 25 tpy as a result ofNSPS and/or NESHAP requirements, the 

permittee may request that the permit be canceled. A Universal Application form must 

be submitted that demonstrates the facility may operate with a Notice of Intent (20.2. 73 

NMAC) or a No Permit Required (NPR) and should include a letter requesting that the 

permit be cancelled and replaced with an NOI or NPR. A $500 filing fee is required for 

NOI applications. The Department will evaluate the request and notify the permittee in 

writing of the determination. 
Page 10 of 10 

Question: What is the rationalization for having some of the compliance deadlines take 

effect before the final rule was completed? 

Answer: The answer to this question can be found in the preamble to the final rule. In 

response to comments that additional time was needed for owners, operators and 

manufacturers to comply with the final rule, EPA stated that Sections 111 and 112 of the 

Clean Air Act define new engines to be "all engines for which construction is 

commenced following the date of the proposal and it is routine for sources that 

commenced construction before the final rule to be subject to standards under these 

provisions." EPA did extend the compliance date for all stationary ICE that, in the 

proposed rule, had a compliance date of January 1, 2008 by 6 months to July 1, 2008. 

Also, stationary SI lean burn engines between 500 and 1,350 hp that had a compliance 

date of July 1, 2007 in the proposed rule were given an additional 6 months to 

demonstrate compliance. 

Question: What is the correlation of the date that construction commences and 

manufacture date with respect to NSPS and NESHAP applicability? 

Answer: There is no direct correlation. NSPS JJJJ defines the date that construction 

commences as the date the engine is ordered by the owner or operator. According to 

EPA, some of the manufacture dates were chosen to match the dates in the non-road 

engine regulations, others were selected based on discussions with engine manufacturers 

on the lead-time needed to produce cleaner burning engines. 
Exhibit NMED 10.4 NMAC Update Notification Email
Subject line: Adoption of New Federal Rules. 

What are the new rules? 

This notice is to inform businesses in New Mexico of plans to adopt federal rules into the 

New Mexico Environment Department's air quality rules. These federal rules became 

final between [date] and January 31, 2009. Updates will be made to the following NM 

air quality rules under three sections: 

1. New Source Performance Standards (NSPS), 20.2.77 New Mexico Administrative 

Code (NMAC); 

2. National Emission Standards for Hazardous Air Pollutants (NESHAP), 20.2.78 

NMAC; 

3. Maximum Achievable Control Technology for Source Categories of Hazardous 

Air Pollutants (MACT), 20.2.82 NMAC. 

Why is New Mexico adopting these rules? 

Both the US EPA and regulated sources prefer that the State of New Mexico implement 

the NSPS, NESHAP, and MACT rules. Implementation at the state level conserves 

federal resources, and the federal requirements are more effectively implemented and 

enforced by the same Air Quality Bureau personnel who review permit applications, 

issue permits, test and inspect regulated sources in New Mexico. The US EPA has 

delegated to the State of New Mexico the authority to implement NSPS, NESHAP, and 

MACT at affected sources within its jurisdiction. 

What rules will affect me? 

[Insert industry specific information here] 

It is important to note that your business may currently be subject to these federal rules. 

We encourage you to visit the EPA website for more specific information regarding the 

applicability of these rules to your business. Please visit the NMED-Air Quality Bureau 

website at: http://www.nmenv.state.nm.us/aqb/index.html for updates on air quality 

regulations in New Mexico. 

Small Business is in the process of developing fact sheets for Area Source MACTs, 

please refer to the small business website at: 

http://www.nmenv.state.nm.us/aqb/sbap/index.html for more information.
 

[Because you are a Paint and Autobody Shop you may be subject to requirements in 40 

CFR Part 63, Subpart HHHHHH National Emission Standards for Hazardous Air 

Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area 

Sources. Details about this rule can be found on EPA’s website at: 

http://www.epa.gov/ttn/atw/area/arearules.html] 

[Because you are a business that is a Metal Fabricator you may be subject to 

requirements in 40 CFR Part 63, Subpart XXXXXX National Emission Standards for 

Hazardous Air Pollutants: Area Source Standards for Nine Metal Fabrication and 

Finishing Source Categories. Details about this rule can be found on EPA’s website at: 

http://www.epa.gov/ttn/atw/area/arearules.html] 

[Because you are a Dry Cleaning business that uses perchlorethlyne you may be subject 

to requirements in 40 CFR Part 63, Subpart M National Perchloroethylene Air Emission 

Standards for Dry Cleaning Facilities. Details about this rule can be found on EPA’s 

website at: http://www.epa.gov/ttn/atw/area/arearules.html] 

[Because you are a Gasoline Facility, you may be subject to the requirements in 40 CFR 

Part 63, Subpart BBBBBB or Subpart CCCCCC National Emission Standards for 

Hazardous Air Pollutants for Source Categories: Gasoline Distribution Bulk Terminals, 

Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities. Details about 

this rule can be found on EPA’s website at: 

http://www.epa.gov/ttn/atw/area/arearules.html] 
 

 1 

 1 STATE OF NEW MEXICO 

 ENVIRONMENTAL IMPROVEMENT BOARD 

 2 

 3 No. EIB 09-03(R) 

 4 IN THE MATTER OF PROPOSED REVISIONS TO: 

 20.2.77 NMAC - NEW SOURCE PERFORMANCE STANDARDS 

 5 20.2.78 NMAC - EMISSION STANDARDS FOR HAZARDOUS AIR 

 POLLUTANTS 

 6 20.2.82 NMAC - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY 

 STANDARDS FOR SOURCE CATEGORIES OF 

 7 HAZARDOUS AIR POLLUTANTS 

 8 

 9 

 10 

 11 

 12 TRANSCRIPT OF PROCEEDINGS 

 13 

 14 BE IT REMEMBERED that on the 7th day of July, 

 15 2009, the above-entitled matter came on for hearing 

 16 before the New Mexico Environmental Improvement Board, 

 17 taken at the State Capitol Building, Room 317, 490 Old 

 18 Santa Fe Trail, Santa Fe, New Mexico, at the hour of 

 19 10:40 a.m. 

 20 

 21 

 22 

 23 

 24 

 25 

 KATHY TOWNSEND COURT REPORTERS 
 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

 (505) 243-5018 - Fax (505) 243-3606 
 2 

 1 A P P E A R A N C E S 

 2 

 3 For the Environmental Improvement Board: 

 4 GAY DILLINGHAM 

 GREGORY GREEN, Chair 

 5 SOREN PETERS 

 HAROLD TSO 

 6 

 ADRIAN TERRY 

 7 Assistant Attorney General 

 Civil Division 

 8 Office of the Attorney General 

 Post Office Drawer 1508 

 9 Santa Fe, New Mexico 87504-1508 

 (505) 827-6040 

 10 aterry@nmag.gov 

 11 For the New Mexico Environment Department: 

 12 BILL GRANTHAM 

 Assistant General Counsel 

 13 Office of General Counsel 

 New Mexico Environment Department 

 14 1190 St. Francis Drive 

 Santa Fe, New Mexico 87505 

 15 (505) 827-2824 

 Bill.grantham@state.nm.us 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 KATHY TOWNSEND COURT REPORTERS 
 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

 (505) 243-5018 - Fax (505) 243-3606 
 3 

 1 I N D E X 

 2 PAGE 

 3 WITNESSES: 

 4 ADAM KEASTER and RITA BATES 

 5 Direct Examination of Adam Keaster 

 6 by Mr. Grantham 8 

 7 Examination by the Board 18 

 8 Cross Examination by Mr. Poteet 22 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 KATHY TOWNSEND COURT REPORTERS 
 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

 (505) 243-5018 - Fax (505) 243-3606 
 4 

 1 E X H I B I T S 

 2 MARKED/ADMITTED 

 3 NMED: 

 4 1. Resume of Adam Keaster 17 

 5 2. Written Testimony of Adam Keaster 17 

 6 3. Proposed amendments to 20.2.77 NMAC 17 

 7 4. Proposed amendments to 20.2.78 NMAC 17 

 8 5. Proposed amendments to 20.2.82 NMAC 17 

 9 6.1. List of FR Notices under Part 77 

 10 (40 CFR 60) 17 

 11 6.2. List of FR Notices under Part 78 

 12 (40 CFR 61) 17 

 13 6.3. List of FR Notices under Part 82 

 14 (40 CFR 63) 17 

 15 7. Narrative summary Federal Register 

 16 notices affected 17 

 17 8. Federal Register notices (on CD only) 17 

 18 9.1. Delegation of authority letter (NSPS 

 19 and NESHAP) 17 

 20 9.2. Delegation of authority letter (MACT) 17 

 21 10.1. Public notice (Albuquerque Journal, 

 22 Spanish/English) 17 

 23 10.2. Public notice (New Mexico Register) 17 

 24 10.3. JJJJ/ZZZZ White Paper Summary 17 

 25 10.4. NMAC update notification E-mail 17 

 KATHY TOWNSEND COURT REPORTERS 
 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

 (505) 243-5018 - Fax (505) 243-3606 
 5 

 1 MR. GREEN: We're on item number 7, I believe, 

 2 and I'll turn it over to Mr. Peters. 

 3 MR. PETERS: This is a hearing in EIB Number 

 4 09-03(R) to consider proposed amendments to 20.2.77, 

 5 20.2.78 and 20.2.82 NMAC, New Source Performance 

 6 Standards, National Emissions Standards for Hazardous 

 7 Air Pollutants and Maximum Achievable Control Technology 

 8 Standards for Source Categories of Hazardous Air 

 9 Pollutants. 

 10 My name is Soren Peters, and I'm the EIB 

 11 member who has been designated as Hearing Officer in 

 12 this matter. 

 13 For the record, the time is now 10:40, and we 

 14 are meeting in the Capitol, Room 317, in Santa Fe, 

 15 July 7th, 2009. 

 16 We are here to consider the petition for 

 17 rule-making submitted by the Air Quality Bureau of New 

 18 Mexico -- of the New Mexico Environment Department. 

 19 This hearing will be conducted in accordance 

 20 with the Board's rule-making procedures. This hearing 

 21 will be conducted in a fair and impartial manner so as 

 22 to assure us that the relevant facts are fully elicited 

 23 and to provide a reasonable opportunity for all persons 

 24 to be heard without burdening the record with 

 25 unnecessary repetition. 

 KATHY TOWNSEND COURT REPORTERS 
 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

 (505) 243-5018 - Fax (505) 243-3606 
 6 

 1 The Rules of Civil Procedure and evidence 

 2 shall not apply in this hearing. As Hearing Officer, I 

 3 will make orders as may be necessary to provide decorum 

 4 and protect the orderly hearing process. 

 5 To that end, I ask everyone to turn off their 

 6 cell phones, pagers or beepers. 

 7 The hearing process will -- the hearing will 

 8 proceed as follows: 

 9 All testimony will be taken under oath. 

 10 Any party may make an opening statement. 

 11 We will begin with the Department's witness. 

 12 Cross-examination if necessary. 

 13 Department's rebuttal if necessary. 

 14 Public comment, if any. 

 15 Any party may make a closing argument which is 

 16 optional. 

 17 And then the closing of the record. 

 18 A note on questioning, cross-examination and 

 19 the sequence of cross-examination, if witnesses testify 

 20 as a panel, they will be questioned as a panel. 

 21 Let us begin. 

 22 MR. GRANTHAM: Good morning, Mr. Hearing 

 23 Officer, members of the Board. 

 24 My name is Bill Grantham, I'm an attorney with 

 25 the Office of General Counsel of the Environment 

 KATHY TOWNSEND COURT REPORTERS 
 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

 (505) 243-5018 - Fax (505) 243-3606 
 7 

 1 Department. 

 2 With me here today is Adam Keaster, an 

 3 environmental analyst with Air Quality Bureau. 

 4 Also with us is Rita Bates, the section chief 

 5 of the Planning Section of the Air Quality Bureau. 

 6 And as you noted, Mr. Hearing Officer, this 

 7 hearing is for Parts 77, 78 and 82 NMAC, which are 

 8 commonly referred to as the NSPS, the NESHAPs and the 

 9 MACTs. 

 10 Mr. Keaster will be presenting testimony on -- 

 11 in support of an incorporation by reference of newly 

 12 adopted federal standards under these three categories. 

 13 If there are no objections, we would like to 

 14 also have Ms. Bates be available for cross-examination 

 15 on a panel. We have no direct examination of Ms. Bates. 

 16 If there's no objection from the Board in that 

 17 procedure. 

 18 MR. PETERS: That's just fine. 

 19 MR. GRANTHAM: Thank you. 

 20 We'll proceed with the testimony of 

 21 Mr. Keaster. 

 22 MR. PETERS: Let's swear in the witnesses 

 23 and -- 

 24 

 25 

 KATHY TOWNSEND COURT REPORTERS 
 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

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 1 ADAM KEASTER and RITA BATES 

 2 having been first duly sworn or affirmed, were 

 3 examined and testified as follows: 

 4 DIRECT EXAMINATION OF ADAM KEASTER 

 5 BY MR. GRANTHAM: 

 6 Q. Mr. Keaster, please state your name for the 

 7 record. 

 8 A. My name is Adam Keaster, K-E-A-S-T-E-R. 

 9 Q. And where are you employed? 

 10 A. I'm employed with the New Mexico Environment 

 11 Department Air Quality Bureau in the Control Strategies 

 12 Section. 

 13 Q. How long have you been with the Bureau? 

 14 A. I've been with the Control Strategies Section 

 15 since November of 2008. 

 16 Q. And what are your duties with the Control 

 17 Strategies Section? 

 18 A. My duties consist of regulatory revisions, 

 19 development of new regulations and public outreach. 

 20 Q. Can you briefly describe your educational 

 21 background? 

 22 A. I have a bachelor's in the arts degree in 

 23 biological anthropology from the University of Montana. 

 24 Q. And you've submitted written testimony for 

 25 this hearing; is that correct? 

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 1 A. Yes. 

 2 Q. And is that testimony contained in NMED 

 3 Exhibit 1 (sic) of the Department's Notice of Intent to 

 4 Present Technical Testimony? 

 5 A. Yes. 

 6 Q. And do you adopt that testimony as your own 

 7 testimony here today? 

 8 A. Yes. 

 9 Q. And can you describe the nature of the 

 10 regulatory revisions that are -- the Department is 

 11 requesting? 

 12 A. Mr. Hearing Officer and members of the Board, 

 13 I am here to present the Department's proposed 

 14 amendments to the air quality control regulations 

 15 20.2.77 NMAC, New Source Performance Standards; 20.2.78 

 16 NMAC, Emission Standards for Hazardous Air Pollutants; 

 17 and 20.2.82 NMAC, Maximum Achievable Control Technology 

 18 Standards for Source Categories of Hazardous Air 

 19 Pollutants. 

 20 From now on, I will refer to these rules as 

 21 Parts 77, 78 and 82 respectively. 

 22 The proposed revisions to Part 77 are shown in 

 23 Exhibit NMED 3, proposed revisions to part 78 are shown 

 24 in Exhibit NMED 4, proposed revisions to Part 82 are 

 25 shown in Exhibit NMED 5. 

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 1 New materials are shown as underlined, deleted 

 2 materials are shown as bracketed and strike-out. 

 3 The purpose of the proposed revisions is to 

 4 incorporate by reference new rules, revisions and 

 5 amendments the EPA -- Environmental Protection Agency, 

 6 EPA, has made to the federal New Source Performance 

 7 Standards, NSPS, to National Emission Standards for 

 8 Hazardous Air Pollutants, NESHAP, and to Maximum 

 9 Achievable Control Technology Standards for Source 

 10 Categories of Hazardous Air Pollutants, MACT. 

 11 The Board's adoption of new and amended NSPS, 

 12 NESHAP and MACT ensures that the Division has the 

 13 regulatory authority to implement the federal 

 14 requirements pursuant to the delegation agreement with 

 15 EPA. It is the Department's standard practice to 

 16 propose revisions to Parts 77, 78 and 82 simultaneously. 

 17 Q. And what, in general terms, are the NSPSes, 

 18 NESHAPs and MACTs? Can you describe those? 

 19 A. New Source Performance Standards, NSPSes, are 

 20 federal standards set by the 1970 Clean Air Act that 

 21 dictate the level of emissions that a new or modified 

 22 stationary source may produce. Each NSPS addresses a 

 23 particular type of industrial category. 

 24 For example, 40 CFR Part 60 Subpart JJJJ 

 25 refers to Stationary Spark Ignition Internal Combustion 

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 1 Engines source category while Subpart F refers to the 

 2 Portland Cement Plants source category. 

 3 These standards are authorized by Section 111 

 4 of the Clean Air Act. They can be found in 40 CFR Part 

 5 60. 

 6 National Emissions -- National Emission 

 7 Standards for Hazardous Air Pollutants, NESHAPs, are 

 8 emission standards set under the Clean Air Act for 

 9 hazardous air pollutants not covered by National Ambient 

 10 Air Quality Standards that are known or suspected to 

 11 adversely affect human health or the environment. 

 12 NESHAPs are health-based standards authorized 

 13 by Section 112 of the Clean Air Act. They can be found 

 14 in 40 CFR Part 61. 

 15 In 1990, the Clean Air Act was amended to 

 16 include technology-based NESHAPs to which a Maximum 

 17 Achievable Control Technology, MACT, standard would 

 18 apply. So MACT standards are a subset of NESHAPs. 

 19 MACTs are based on facilities with the best performing 

 20 controls within the same source category. 

 21 MACT standards are authorized by Section 112 

 22 of the Clean Air Act. They can be found in 40 CFR Part 

 23 63. 

 24 Q. And how does the Department propose to 

 25 incorporate additions and changes to these federal 

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 1 standards? 

 2 A. The NSPS, NESHAPs and MACTs are already 

 3 incorporated by reference in Parts 77, 78 and 82 

 4 respectively. The proposed amendments to Parts 77, 78 

 5 and 82 respect -- are date changes. The proposed date 

 6 changes will reflect the most recent date that the 

 7 federal rules have been incorporated into the state 

 8 rules. 

 9 The Federal Register notices for NSPS, NESHAPs 

 10 and MACTs that the Department is proposing to -- for 

 11 adoption were published between December 1st, 2006, and 

 12 January 31st, 2009. 

 13 Q. Specifically what NSPS, NESHAP and MACT 

 14 changes would be incorporate -- would be incorporated by 

 15 making that date change in the regulations? 

 16 A. There are 13 revisions or additions to NSPS 

 17 regulations, one to NESHAPs and 39 to MACTs. Lists of 

 18 the Federal Register notices containing final rules with 

 19 respect to NSPS, NESHAPs and MACTs are included in 

 20 Exhibits NMED 6.1, 6.2 and 6.3 respectively. 

 21 In addition, Exhibit NMED 7 is a narrative 

 22 summary briefly describing the nature of each Federal 

 23 Register notice. 

 24 Finally, a complete set of Federal Register 

 25 notices are included as Exhibit NMED 8, which, due to 

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 1 the large volume of pages, was submitted to the Board on 

 2 CD only. 

 3 Q. And does the Board have the authority to adopt 

 4 these regulations? 

 5 A. Yes. The Board is authorized by 

 6 Section 74-2-5.C(2) of the New Mexico Air Quality 

 7 Control Act to adopt performance standards and emissions 

 8 standards for hazardous air pollutants. Such standards 

 9 shall be no more stringent but at least as stringent as 

 10 the federal requirements. 

 11 The Board's adoption of the federal 

 12 requirements comports with the statutory limitation and 

 13 does not alter the substantive obligations of affected 

 14 sources because affected sources already must comply 

 15 with the federal requirements, including those 

 16 promulgated through January 31st of 2009. 

 17 In addition, the EPA delegated to New Mexico 

 18 the authority to implement the NSPS and NESHAPs on 

 19 March 15th, 1985, and the authority to implement the 

 20 MACTs on July 27th, 1995. 

 21 These letters are included in the NOI as 

 22 Exhibits 9.1 and 9.2. 

 23 Under applicable law and policy, the Division 

 24 must update its regulations regularly to reflect the 

 25 current federal requirements for NSPS, NESHAP and MACT. 

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 1 Q. Was the public -- was the public provided 

 2 notice -- excuse me. Was the public provided with 

 3 notice of today's hearing? 

 4 A. Yes. Public notices were published in the New 

 5 Mexico Register and in the Albuquerque Journal in which 

 6 a Spanish translation was also published. 

 7 These are in Exhibits NMED 10.1 and 10.2. 

 8 Q. And did the Department conduct any other 

 9 outreach regarding these incorporations by reference? 

 10 A. Yes. NMED hosted an open house on May 21st of 

 11 2009, during which the public had an opportunity to 

 12 comment on these rule revisions. 

 13 The Department also routinely reviews these 

 14 standards as EPA adopts them and performs additional 

 15 public outreach for those that affect industries within 

 16 New Mexico. For example, additional outreach was 

 17 conducted expressly for 40 CFR Part 60 Subpart JJJJ, 

 18 Standards of Performance for Stationary Spark Ignition 

 19 Internal Combustion Engines; and 40 CFR Part 63 Subpart 

 20 ZZZZ, National Emissions Standards for Hazardous Air 

 21 Pollutants for Reciprocating Internal Combustion 

 22 Engines. 

 23 This additional outreach consisted of a public 

 24 stakeholder meeting held in Farmington on January 21st, 

 25 2009. At the meeting, a written summary of the rule 

 KATHY TOWNSEND COURT REPORTERS 
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 1 change was distributed, and questions were fielded by 

 2 Air Quality Bureau staff. 

 3 The summary is included as Exhibit NMED 10.3 

 4 and is also available on the Air Quality Bureau web 

 5 site. 

 6 In addition, notices regarding rule updates 

 7 were E-mailed to New Mexico trade organizations and 

 8 contacts potentially affected by Part 82 Subparts 

 9 CCCCCC, NESHAP for Source Categories Gasoline Dispensing 

 10 Facilities; HHHHHH, NESHAP for Paint Stripping and 

 11 Miscellaneous Surface Coating Operations At Source -- At 

 12 Area Sources; M, National Perchloroethylene Air Emission 

 13 Standards for Dry Cleaning Facilities; and XXXXXX, 

 14 NESHAP for Nine Metal Fabrication and Finishing Source 

 15 Categories for Area Sources. 

 16 The template for these notices is included as 

 17 Exhibit NMED 10.4. 

 18 The New Mexico Environment Department Small 

 19 Business Environmental Assistance Program has created 

 20 fact sheets regarding 40 CFR Part 63 Subparts HHHHHH and 

 21 XXXXXX. 

 22 On December 9th, 2008, staff from the Small 

 23 Business Environmental Assistance Program gave a 

 24 presentation to the Automotive Services Association, the 

 25 ASA, of Central New Mexico concerning Subpart HHHHHH. 

 KATHY TOWNSEND COURT REPORTERS 
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 1 This presentation and other regulatory information 

 2 concerning area source MACTs is available on the Air 

 3 Quality Bureau web site. 

 4 Q. And when the USEPA develops these NSPS, NESHAP 

 5 and MACT standards, do they conduct public outreach? 

 6 A. Yes. EPA publishes proposed rules in the 

 7 Federal Register and will typically allow for a 60-day 

 8 public comment period. If stakeholder interest is 

 9 strong, EPA may host public meetings as necessary. 

 10 Public comments and EPA responses to comments are 

 11 published and may a result in changes to EPA's final 

 12 rule. 

 13 Q. Briefly, why is the Department proposing these 

 14 regulations -- excuse me -- these revisions to the 

 15 regulations? 

 16 A. The Board's adoption of the proposed revisions 

 17 would benefit New Mexico. EPA, regulated entities and 

 18 the Department all generally prefer that New Mexico 

 19 implement the NSPS, NESHAP and MACT. 

 20 The federal requirements are more effectively 

 21 implemented and enforced by the same Air Quality Bureau 

 22 personnel who review permit applications, issue permits 

 23 and test and inspect regulated sources in New Mexico. 

 24 Potential disputes regarding NSPS, NESHAP and MACT are 

 25 more effectively resolved at the state level, although 

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 1 the Division routinely consults with EPA to ensure 

 2 consistency with national practice. 

 3 Q. And finally, what would the consequences be if 

 4 the Board does not adopt these revisions? 

 5 A. EPA would assume regulatory authority. 

 6 Although sources would still be required to comply with 

 7 these regulations, implementation and enforcement of 

 8 these air quality regulations would be less effective. 

 9 Interactions between regulated sources and EPA would 

 10 likely take more time than with the state having 

 11 regulatory authority. 

 12 EPA is also less likely to have detailed 

 13 knowledge of sources within New Mexico. 

 14 Q. I believe I earlier erroneously referred to 

 15 your written testimony as NMED Exhibit 1. 

 16 Did you also submit in addition to your 

 17 written testimony a -- your current resume? 

 18 A. I did. 

 19 Q. And is that, in fact, NMED Exhibit 1 in the 

 20 notice of intent? 

 21 A. Yes. 

 22 MR. GRANTHAM: Mr. Hearing Officer, I'd like 

 23 to move for admission of NMED Exhibits 1 through 10.4. 

 24 MR. PETERS: So admit. 

 25 (Exhibits NMED 1 through 10.4 admitted into 

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 1 evidence.) 

 2 MR. GRANTHAM: And I have no further questions 

 3 for the witness. 

 4 MR. PETERS: Any questions from the Board? 

 5 EXAMINATION 

 6 BY THE BOARD: 

 7 MR. GREEN: So basically these are federal 

 8 changes that we're just mirroring and need to take in 

 9 effect here in the state in order to mirror those same 

 10 changes and keep primacy for the sate; is that correct? 

 11 MR. KEASTER: That's correct. 

 12 MR. GREEN: Are there any changes besides the 

 13 ones that the feds adopt that the state is making 

 14 alternative changes? 

 15 MR. KEASTER: No. 

 16 MS. DILLINGHAM: I have a quickie here. 

 17 On page 1, you say, "Except for changes of 

 18 dates there are no substantive changes to the rules." 

 19 Do these date changes significantly strengthen 

 20 or -- how do the dates affect the overall rules? 

 21 MR. KEASTER: Out of the 60 or so changes, 

 22 about half of them add stringency. So the overall 

 23 effect is to add some stringency to the regulated 

 24 sources and the new source types being regulated. 

 25 MS. BATES: I'd like to add to that. 

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 1 It's just a date change. These requirements 

 2 are already in effect for all sources in New Mexico, but 

 3 it's the federal government that has the implementation 

 4 authority at this time. 

 5 So us making those date changes just means 

 6 that we implement them instead of federal EPA out of 

 7 Dallas, and sources are already subject to all of those 

 8 requirements. Now we'll just be able to go out and, if 

 9 they're not complying, do whatever we need to ensure 

 10 that we get compliance with these already existing 

 11 standards. 

 12 MS. DILLINGHAM: Okay. 

 13 And over the years, we -- we saw a certain 

 14 amount of rolling back of some of the air quality at the 

 15 federal level. 

 16 In your professional opinion, where are these 

 17 now, and where do we need to get? That's, I know, a 

 18 very big general question, but do you -- do you see some 

 19 changes being made on the federal level that we will 

 20 then be mirroring in a foreseeable future? 

 21 MR. KEASTER: Go ahead. 

 22 MS. BATES: We will. We will be coming 

 23 forward with you. We like to do these at least once 

 24 every couple of years, to come forward and adopt these 

 25 federal requirements. 

 KATHY TOWNSEND COURT REPORTERS 
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 1 As you know, our statute has a stringency 

 2 clause in it, so we're unable except for in some general 

 3 area -- in some specific areas to be more stringent than 

 4 federal requirements. On the whole, adoption of these 

 5 makes the requirements for these sources more stringent 

 6 on the whole, in general, so -- and some source 

 7 categories that weren't regulated before EPA is now 

 8 regulating. 

 9 So I think these are -- we have gone through 

 10 all of these, we've looked at them, we've determined 

 11 that these are things that we do want to implement, and 

 12 we did that as a group over the past year, deciding, you 

 13 know, do these look like something New Mexico should 

 14 implement, and have decided that, yes, these do look 

 15 like things that we can implement and should implement 

 16 and it's part of our grant commitment to EPA to take 

 17 delegation of these programs. 

 18 MS. DILLINGHAM: Thank you. 

 19 No more questions, Mr. Hearing Officer. 

 20 MR. PETERS: Mr. Tso, any questions? 

 21 MR. TSO: Thank you, Mr. Hearing Officer. 

 22 Just a question here. You have under public 

 23 outreach that you sent out notices for comments on these 

 24 proposed regulations, and you state that there were no 

 25 comments received. 

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 1 Was there stakeholder involvement in these -- 

 2 in this activity? 

 3 MR. KEASTER: Yeah. We did have an open 

 4 house. We had no participants show up for that. 

 5 At that point, I sent -- E-mailed notices to 

 6 trade organizations, and just to let them know of 

 7 these -- these updates. 

 8 And with the -- the area source MACTs meeting 

 9 up in Farmington, that was a -- in response to Subpart 

 10 JJJJ and ZZZZ. 

 11 MS. BATES: And as Mr. Keaster mentioned, 

 12 we've also -- our Small Business Environmental 

 13 Assistance Program has done a lot of outreach on the 

 14 ones that affect the smallest -- small businesses, to 

 15 let them know of the requirements and of the changes, 

 16 because regardless of whether we implement them, the 

 17 sources are already required to be in compliance with 

 18 these standards, and just letting them know. 

 19 It's more of an educational outreach program 

 20 that we try to do with these federal standards. 

 21 MR. TSO: Okay. Thank you, Mr. Hearing 

 22 Officer. 

 23 MR. PETERS: Thank you for your questions. 

 24 Any comments or public comment on this issue 

 25 at this time, anyone from the public? 

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 1 MR. POTEET: Yes. My name is Randy Poteet, 

 2 P-O-T-E-E-T. I work with ConocoPhillips in Farmington. 

 3 And I would like to ask a question of the Air 

 4 Quality Bureau if it's okay. 

 5 CROSS EXAMINATION 

 6 BY MR. POTEET: 

 7 MR. POTEET: My question is in what way, if 

 8 any, would this adoption make NSPS, Subpart JJJJ, and 

 9 the NESHAP, Subpart ZZZZ, more stringent than federal 

 10 requirements? 

 11 MS. BATES: Sure. I'll answer that. 

 12 Actually it -- our adoption of this does not 

 13 make it more stringent. All it does is give New Mexico 

 14 the authority to implement and enforce the require -- 

 15 the federal requirements. 

 16 MR. POTEET: Okay. Thank you. 

 17 MR. PETERS: Any other questions? 

 18 Any last questions from the Board? 

 19 Any closing arguments, Mr. Grantham? 

 20 MR. GRANTHAM: I would just respectfully 

 21 request that the Board adopt the revisions to these 

 22 three parts, Parts 77, 78 and 82, as submitted in the 

 23 petition of March 19th, 2009, for the reasons given here 

 24 today. 

 25 I have a draft statement of reasons that I 

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 1 could provide to the Board, the Board's attorney, after 

 2 the hearing if that's desired. 

 3 And with that, I just -- 

 4 MR. PETERS: We'll probably take a look at 

 5 that. 

 6 Everything admitted to the record that you'd 

 7 like to have -- 

 8 MR. GRANTHAM: Yes -- 

 9 MR. PETERS: -- there? 

 10 MR. GRANTHAM: -- Mr. Hearing Officer. 

 11 MR. PETERS: Any last questions? 

 12 Any reason not to close the record on this? 

 13 The record is closed. 

 14 (Proceedings adjourned at 11:04 a.m.) 

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 KATHY TOWNSEND COURT REPORTERS 
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 1 STATE OF NEW MEXICO ) 

 2 ) ss. 

 3 COUNTY OF BERNALILLO ) 

 4 

 5 

 6 I, CHERYL ARREGUIN, the officer before whom the 

 7 foregoing proceeding was taken, do hereby certify that 

 8 the witnesses whose testimony appears in the foregoing 

 9 transcript were duly sworn or affirmed; that I 

 10 personally recorded the testimony by machine shorthand; 

 11 that said transcript is a true record of the testimony 

 12 given by said witnesses; that I am neither attorney nor 

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

 14 parties to the action in which this proceeding is taken, 

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

 16 or counsel employed by the parties hereto or financially 

 17 interested in the action. 

 18 

 19 

 NOTARY PUBLIC 

 20 CCR License Number: 21 

 Expires: 12/31/09 

 21 

 22 My Commission Expires: 12/12/11 

 23 

 24 

 25 

 KATHY TOWNSEND COURT REPORTERS 
 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

 (505) 243-5018 - Fax (505) 243-3606