### 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 '""'j --; l 

# >-**~** •. ,..._**~'11**



### 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 ,JTITLE 20 ENVIRONMEN TAL PROTECTION
CH APTER 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” (N MSA 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 s ubject 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 environmen t 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, Emi ssion Guidelines and Comp liance Times for CoalFired Electric Steam Generating Units.

20.2.77 NMAC 120.2.77 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 Reco rds 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 Perfor mance 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 ENVIRONM ENTAL 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 subj ect 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” (N MSA 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 h azardous 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 en vironmental 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 en vironmental protection agency may, in his discretion, delegate to the secretary of the New Mexico environmen t 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 Emi ssion 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 120.2.78 NMAC 2 from Department of Energy Facilities), R (National Emi ssion 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 - Emi ssion Standards For Hazar dous Air Pollutants, filed
07/24/84. EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous Air Pollutants, filed
08/18/87. EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous Air Pollutants, filed
07/07/88. EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous Air Pollutants, filed
04/27/89. EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous Air Pollutants, filed
05/29/90. EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous Air Pollutants, filed
04/22/91. EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous Air Pollutants, filed
04/14/92. EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous Air Pollutants, filed
04/21/93. EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous Air Pollutants, filed
04/12/94.

History of Repealed Material: [RESERVED]

Other History: EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous 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 Po llutants, effective 06/16/95. 20 NMAC 2.78, Emission Sta ndards For Hazardous Air Pollu tants (filed 05/17/95), was renumbered, reformatted, amended and replaced by 20.2.78 NMAC, Emission Standards For H azardous 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 ENVIRONMEN TAL PROTECTION
CH APTER 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 s ubject 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 th at “regulations adopted by the environmental improvement board may prescribe standards of perf ormance for sources and emissions st andards 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 pollutant s 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, sha ll 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 120.2.82 NMAC 2 his or her discretion, delegate to the secretary of the New Mexico environment department, “administrator” means the secretary or his/her au thorized representative.
B. variances: The federal emission standards incorpor ated by this Part shall not be subject to NMSA 1978, Section 74-2-8 (Variances).
C. constructed and reconstructed major sources: Th e 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 Sour ce Categories Of Hazardous Air Pollutants, effective 11/27/94. 20 NMAC 2.82, Maximum Achievable Control Technology Standards For Sour ce 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 Catego ries Of Hazardous Air Poll utants, 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 CONTRO L TECHNOLOGY STANDARDS
FOR SOURCE CATEGORIES OF HAZARDOUS AIR POLLUTANTS

ENVIRONMENTAL PROTEC TION DIVISION'S
NOTICE OF INTENT TO PR ESENT TECHNICAL TESTIMONY

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

Environmental Protection Division (“ the Division”) hereby submits it s 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 Biol ogical 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 envi ronmental coordinator and in environmental

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

University.

3. Summary Of Testimony And Anti cipated Length Of Testimony

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

The proposed revisions incorporate by referen ce 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) promulga ted 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 petiti ons the Environmental Improvement Board to

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

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

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

address. Mr. Keaster’s written testimony is s ubmitted 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 an ticipated 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 Au thority 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 identifi ed 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 3NOTICE 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 matte r or to any testimony or exhibit

offered at the public hearing. Th e 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 an d 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, Envir onmental Health Sciences, University of Minnesota - School of Public Health, 2006-2008. * Thesis topic: Risk Assessment for Ja panese Encephalitis Virus Introduction to
the United States.

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

Employment:

 Environmental Health and Safety Speci alist, 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, Univ ersity of Minnesota. 2007-2008.
* Issues in Environmental a nd Occupational Health course. * Management of coursework for 60 students per semester. * Field questions, provide di scussion topics and feedback. * Critical evaluation of written assignments. * Database development and maintenance. * Future course development.

 Technical Services Lab Inspector, Metropolit an Mosquito Control District, St. Paul.
Minnesota. 2007. * Entomological morphology-ba sed 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 Fore st 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 assistan ce 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 RE GULATIONS 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 Ca tegories 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 Polluta nts (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 revisi ons 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 ther e 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 implem ent and enforce the Maximum Achievable Control Technology (MACT) Standards fo r Source Categories of Hazardous Air Pollutants by the EPA on July 27, 1995 (E xhibit NMED 9-2). The New Mexico Environment Department (NMED) must reque st delegation authority each year for new
rules and amendments made to the N SPS, NESHAP, and MACT programs.

The EPA and regulated entities both prefer th at 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 applicat ions for sources located in New Mexico.

The New Mexico legislature amended the Ne w Mexico Air Quality Con trol Act in 1983 to allow the Board to adopt air quality sta ndards 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 De partment does not an ticipate 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, a nd 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, re visions, and amendments, the Board is not changing the substantive require ments 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 amendm ents to these programs in or der to have the ability to
enforce these federal standards. Please re fer to Exhibits NMED 9-1 and NMED 9-2 for
more information on the St ate’s delegated authority.

Reasons for Adopting Federal Regulation

The EPA and the regulated community both pr efer that the Department implement and enforce the air quality regulat ions. T he 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 situat ed to ensure that these sources take into account the applicable air quality requirem ents. The regulated community recognizes that the Department has a better working know ledge of their facili ties 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 e xplicitly 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 am endments adopted at th e federal level, and adopting them into the New Mexico State Im plementation Plan (referred to as the New Mexico SIP, the laws, plans, and regulations adopted to ensure compliance with national ambient air quality standards). The Departme nt believes that the new rules, corrections,

Exhibit NMED 2 - Written Testimony – page 2

### revisions, or amendments proposed today ar e reasonable and necessary, and it does n ot 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 th e Albuquerque Journal in which a Spanish translation was also published (Exhibit NMED 10-1). NMED received no comments from the public notices. NMED also hoste d 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 CF R Part 60 Subpart JJJJ-Standards of Performance for Stationary Spark Ignition In ternal Combustion Engines and 40 CFR Part 63 Subpart ZZZZ-National Emissions Standa rds for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines in the form of a public stakeholder meeting held in Farmington on January 21 st 

### , during which a written summa ry of the rule change was distributed (Exhibit NMED 10.3) and ques tions were fielded by Air Quality Bureau staff. This written summary is also av ailable on the Air Quality Bureau website [http://www.nmenv.state.nm.us/aqb/docum ents/JJJJ_ZZZZ_White_Paper_18Mar09.pdf]. Notices regarding rule updates were emaile d to New Mexico indus try organizations and contacts potentially effected by: Pa rt 82 Subparts CCCCCC-NESHAP for Source Categories Gasoline Dispensing Facilities , HHHHHH-NESHAP for Paint Stripping and Miscellaneous Surface Coating Opera tions at Area Sources, M-National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities, and XXXXXXNESHAP for Nine Metal Fabric ation and Finishing Source Categories for Area Sources. The New Mexico Environment Department-S mall Business Environmental Assistance Program has also created factsheets re garding 40 CFR Part 63, Subpart HHHHHH, XXXXXX, and has posted regulatory informa tion 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 Performan ce 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 th e federal requirements pertaining to NSPS promulgated by the EPA from December 1, 2006 through January 31, 2009. This is a periodic incorporation of federal standa rds, which is part of the De partment’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 Hazard ous 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 Ac hievable Control Technology Standards for Source Categories of Hazardous Air Pollutants by refe rence 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 pertai ning 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 th e 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 Regulat ory Relief Act, 1978 NMSA § 14-4A-1, et seq

, the Bureau has determined that the regulat ory changes proposed in this action will not
have an adverse effect on small business. Th is determination is based on the fact that the proposed amendment will not impose additiona l 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 NMACTITLE 20 ENVIRONMEN TAL PROTECTION
CH APTER 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” (N MSA 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 s ubject 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 environmen t 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 120.2.77 NMAC 2 D. Exclude 40 CFR Part 60, Subpart HHHH, Emi ssion Guidelines and Comp liance 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 Reco rds 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 Perfor mance Standards, effective 06/23/00.

### Exhibit NMED 4 Proposed Amendments to 20.2.78 NMACTITLE 20 ENVIRONM ENTAL 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 subj ect 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” (N MSA 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 h azardous 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 en vironmental 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 en vironmental protection agency may, in his discretion, delegate to the secretary of the New Mexico environmen t 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 Emi ssion 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 Emi ssion Standards for Radon Emissions from Phosphogypsum

20.2.78 NMAC 120.2.78 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 Gal isteo, 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 - Emi ssion Standards For Hazar dous Air Pollutants, filed
07/24/84. EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous Air Pollutants, filed
08/18/87. EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous Air Pollutants, filed
07/07/88. EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous Air Pollutants, filed
04/27/89. EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous Air Pollutants, filed
05/29/90. EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous Air Pollutants, filed
04/22/91. EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous Air Pollutants, filed
04/14/92. EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous Air Pollutants, filed
04/21/93. EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous Air Pollutants, filed
04/12/94.

History of Repealed Material: [RESERVED]

Other History: EIB/AQCR 751, Air Quality Control Regulation 751 - Emi ssion Standards For Hazar dous 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 Po llutants, effective 06/16/95. 20 NMAC 2.78, Emission Sta ndards For Hazardous Air Pollu tants (filed 05/17/95), was renumbered, reformatted, amended and replaced by 20.2.78 NMAC, Emission Standards For H azardous Air Pollutants , effective 06/23/00.

### Exhibit NMED 5 Proposed Amendments to 20.2.82 NMACTITLE 20 ENVIRONMEN TAL PROTECTION
CH APTER 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 s ubject 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 th at “regulations adopted by the environmental improvement board may prescribe standards of perf ormance for sources and emissions st andards 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 pollutant s 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, sha ll 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 120.2.82 NMAC 2 his or her discretion, delegate to the secretary of the New Mexico environment department, “administrator” means the secretary or his/her au thorized representative.
B. variances: The federal emission standards incorpor ated by this Part shall not be subject to NMSA 1978, Section 74-2-8 (Variances).
C. constructed and reconstructed major sources: Th e 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 F e, 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 Sour ce Categories Of Hazardous Air Pollutants, effective 11/27/94. 20 NMAC 2.82, Maximum Achievable Control Technology Standards For Sour ce 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 Catego ries Of Hazardous Air Poll utants, effective 06/23/00.

### Exhibit NMED 6.1 List of FR Notices under Part 77 (40 CFR 60)40 CFR Part 60New Source Performance Standards (NSPS)Federal Register NoticesExhibit #FR #PublicationDateActionTitleEffectiveDate6-60-171 FR 26201/22/2007Notice of finalaction onreconsiderationStandards of Performance for New Stationary Sources and EmissionGuidelines for Existing Sources: Other Solid Waste Incineration Units:Reconsideration1/22/20076-60-271 FR 130163/20/2007Notice ofreconsiderationof final ruleStandards of Performance for New Stationary Sources and EmissionGuidelines for Existing Sources: Large Municipal Waste Combustors6-60-371 FR 7511712/14/2006Final RuleNotice of Finding That CertainStates Did Not Submit Clean AirMercury Rule (CAMR) State Plans for New and Existing ElectricUtility Steam Generating Units and Status of Submission of Such Plans12/14/20066-60-471 FR 274375/16/2007Final RuleRevisions to Standards of Performance for New Stationary Sources,National Emission Standards for Hazardous Air Pollutants, andNational Emission Standards for Hazardous Air Pollutants for SourceCategories5/16/20076-60-572 FR 514939/7/2007Direct Final RuleTwo Optional Methods for Relative Accuracy Test Audits of MercuryMonitoring Systems Installed on Combustion Flue Gas Streams andSeveral Amendments to Related Mercury Monitoring Provisions11/6/20076-60-672 FR 513659/7/2007Direct Final RuleUpdate of Continuous Instrumental Test Methods: TechnicalAmendments11/6/20076-60-772 FR 6241411/5/2007Withdrawal ofDirect Final RuleUpdate of Continuous Instrumental Test Methods: TechnicalAmendments11/5/20076-60-872 FR 35671/18/2008Final RuleStandards of Performance for Stationary Spark Ignition InternalCombustion Engines and National Emission Standards for HazardousAir Pollutants for Reciprocating Internal Combustion Engines3/18/20086-60-973 FR 313726/2/2008Direct FinalRule; StayStandards of Performance for Equipment Leaks of VOC in theSynthetic Organic Chemicals Manufacturing Industry; Standards ofPerformance for Equipment Leaks ofVOC in Petroleum Refineries8/1/20086-60-1073 FR 358376/24/2008Final RuleStandards of Performance for Petroleum Refineries6/24/20086-60-1173 FR 557519/26/2008Final Rule;reconsiderationand stay ofeffective dateStandards of Performance for Petroleum Refineries9/26/20086-60-1273 FR 5903310/8/2008Final RuleControl of Emissions From Nonroad Spark-Ignition Engines andEquipment12/8/20086-60-1374 FR 50711/28/2009Final RuleStandards of Performance for Fossil-Fuel-Fired Steam Generators for1/28/20091 of 240 CFR Part 60New Source Performance Standards (NSPS)Federal Register Notices2 of 2Which Construction Is Commenced After August 17, 1971; Standardsof Performance for Electric UtilitySteam Generating Units for WhichConstruction Is Commenced After September 18, 1978; Standards ofPerformance for Industrial-Commercial-Institutional Steam GeneratingUnits; and Standards of Performance for Small Industrial-CommercialInstitutional Steam Generating Units

### Exhibit NMED 6.2 List of FR Notices under Part 78 (40 CFR 61)40 CFR Part 61National Emission Standards for Hazardous Air Pollutants (NESHAP)Federal Register NoticesExhibit #FR #PublicationDateActionTitleEffective Date6-61-171 FR 274375/16/2007Final RuleRevisions to Standards of Performance for New Stationary Sources,National Emission Standards for Hazardous Air Pollutants, andNational Emission Standards for Hazardous Air Pollutants forSource Categories5/16/20071 of 1

### Exhibit NMED 6.3 List of FR Notices under Part 82 (40 CFR 63)40 CFR Part 63Maximum Achievable Control Technologies for SourceCategories of Hazardous Air Pollutants (MACT)Federal Register NoticesExhibit #FR #PublicationDateActionTitleSubpart(s)EffectiveDate6-63-171 FR 7065112/6/2006TechnicalCorrectionNational Emission Standards for Hazardous AirPollutants for Industrial, Commercial, and InstitutionalBoilers and Process Heaters: Reconsideration ofEmissions Averaging Provision and TechnicalCorrectionsA & DDDDD2/5/076-63-271 FR 7651712/20/2006Final RuleNational Emission Standards for Hazardous AirPollutants From the Portland Cement ManufacturingIndustryLLL12/20/066-63-371 FR 7660312/21/2006Final RuleNational Emission Standards for Organic HazardousAir Pollutants From the Synthetic Organic ChemicalManufacturing IndustryF & G12/21/066-63-471 FR 7692212/22/2006Direct FinalRuleNational Emission Standards for Hazardous AirPollutants for Surface Coating of Automobiles andLight-Duty TrucksIIII, MMMM &PPPP2/20/076-63-571 FR 7836912/29/2006Direct FinalRuleNational Emission Standards for Hazardous AirPollutants for Shipbuilding and Ship Repair (SurfaceCoating) OperationsII2/27/076-63-672 FR 261/3/2007Final RuleSource Categories From Oil and Natural GasProduction FacilitiesA & HH1/3/076-63-772 FR 29291/23/2007Final RuleNational Emission Standards for Hazardous AirPollutants for Area Sources: Polyvinyl Chloride andCopolymers Production, Primary Copper Smelting,Secondary Copper Smelting, and Primary NonferrousMetals: Zinc, Cadmium, and BerylliumA, DDDDDD,EEEEEE, FFFFFF,& GGGGGG1/23/076-63-872 FR 86302/27/2007Withdrawal ofdirect finalrule; notice ofreopening ofpubliccommentperiodNational Emission Standards for Hazardous AirPollutants for Shipbuilding and Ship Repair (SurfaceCoating) OperationsII2/27/076-63-972 FR 202274/24/2007Direct FinalRuleNational Emission Standards for Hazardous AirPollutants: Surface Coatingof Automobiles and LightIIII, PPPP6/27/071 of 540 CFR Part 63Maximum Achievable Control Technologies for SourceCategories of Hazardous Air Pollutants (MACT)Federal Register NoticesDuty Trucks; National Emission Standards forHazardous Air Pollutants for Surface Coating of PlasticParts and Products6-63-1072 FR 251375/3/2007Final RuleNational Air Emission Standards for Hazardous AirPollutants: Halogenated Solvent CleaningT5/3/076-63-1172 FR 274375/16/2007Final RuleRevisions to Standards of Performance for NewStationary Sources, National Emission Standards forHazardous Air Pollutants, and National EmissionStandards for Hazardous Air Pollutants for SourceCategoriesA5/16/076-63-1272 FR 356636/29/07CFRCorrectionNational Emission Standards for Hazardous AirPollutants for Source Categories FR Correction6-63-1372 FR 363637/3/07Direct FinalRuleAmendments to National Emission Standards forHazardous Air Pollutants for Primary Copper Smeltingand Secondary Copper Smelting Area SourcesEEEEEE &FFFFFF6/16/076-63-1472 FR 388637/16/07Final RuleNational Emission Standards for Hazardous AirPollutants for Area Sources: Acrylic and ModacrylicFibers Production, Carbon Black Production, ChemicalManufacturing: Chromium Compounds, FlexiblePolyurethane Foam Production and Fabrication, LeadAcid Battery Manufacturing, and Wood PreservingA, LLLLLL,MMMMMM,NNNNNN,OOOOOO,PPPPPP, &QQQQQQ7/16/076-63-1572 FR 6106010/29/07Final RuleNational Emission Standards for Hazardous AirPollutants: Plywood and Composite Wood ProductsA & DDDD10/29/076-63-1672 FR 6485911/16/07Final RuleStandards of Performance for Equipment Leaks ofVOC in the Synthetic Organic ChemicalsManufacturing Industry; Standards of Performance forEquipment Leaks of VOC in Petroleum RefineriesA, VV, VVa,GGG, & GGGa11-16-076-63-1772 FR 7318012/26/07Final RuleNational Emission Standards for Hazardous AirPollutants for Area Sources: Clay CeramicsManufacturing, Glass Manufacturing, and SecondaryNonferrous Metals ProcessingA, RRRRRR,SSSSSS, &TTTTTT12/26/076-63-1872 FR 7361112/28/07Final RuleNational Emission Standards for Hospital EthyleneOxide SterilizersWWWWW12/28/076-63-1972 FR 7408812/28/07Final RuleNational Emission Standards for Hazardous AirPollutants for Area Sources: Electric Arc FurnaceA & YYYYY12/28/072 of 540 CFR Part 63Maximum Achievable Control Technologies for SourceCategories of Hazardous Air Pollutants (MACT)Federal Register NoticesSteelmaking Facilities; Final Rule6-63-2073 FR 2251/2/08Final RuleNational Emission Standards for Hazardous AirPollutants for Iron and Steel Foundries Area SourcesA & ZZZZZ1/2/086-63-2173 FR 17371/9/08Final RuleNational Emission Standards for Hazardous AirPollutants for Iron and Steel Foundries Area SourcesA & HHHHHH1/9/086-63-2273 FR 19151/10/08Final RuleNational Emission Standards for Hazardous AirPollutants for Source Categories: Gasoline DistributionBulk Terminals, Bulk Plants, and Pipeline Facilities;and Gasoline Dispensing Facilities; Final RuleBBBBBB &CCCCCC1/10/086-63-2373 FR 35671/18/08Final RuleStandards of Performance for Stationary Spark IgnitionInternal Combustion Engines and National EmissionStandards for Hazardous Air Pollutants forReciprocating Internal Combustion EnginesA, JJJJ, ZZZZ3/18/086-63-2473 FR 72102/7/08Final RuleNational Emissions Standards for Hazardous AirPollutants for Iron and Steel FoundriesA & EEEEE2/7/086-63-2573 FR 84082/13/08CorrectionNational Emission Standards for Hazardous AirPollutants: Paint Stripping and Miscellaneous SurfaceCoating Operations at Area sources6-63-2673 FR 122753/7/08CorrectionNational Emission Standards for Hazardous AirPollutants for Source Categories: Gasoline DistributionBulk Terminals, Bulk Plants, and Pipeline Facilities;and Gasoline Dispensing Facilities; CorrectionCCCCCC3/7/086-63-2773 FR 159233/26/08Direct FinalRuleAmendments to National Emissions Standards forHazardous Air Pollutants for Area Sources: Acrylicand Modacrylic Fibers Productions, Carbon BlackProductions, Chemical Manufacturing: ChromiumCompounds, Flexible Polyurethane Foam Productionand Fabrication, Lead Acid Battery Manufacturing, andWood PreservingLLLLLL,MMMMMM,NNNNNN,OOOOOO,PPPPPP, &QQQQQQ6/24/086-63-2873FR 172524/1/08Direct FinalRuleNational Perchloroethylene Air Emissions Standardsfor Dry Cleaning FacilitiesM7/15/086-63-2973 FR 189704/8/08Final RuleNESHAP: National EmissionStandards for HazardousAir Pollutants: Standards for Hazardous WasteCombustors; AmendmentsEEE4/8/086-63-3073 FR 218254/23/08Direct FinalNational Emission Standards for Hazardous AirEEEE7/22/083 of 540 CFR Part 63Maximum Achievable Control Technologies for SourceCategories of Hazardous Air Pollutants (MACT)Federal Register NoticesRulePollutants: Organic Liquids Distribution (NonGasoline)6-63-3173 FR 359396/25/08Direct FinalRuleNational Emission Standards for Hazardous AirPollutants for Source Category: Gasoline DispensingFacilitiesCCCCCC9/23/086-63-3273 FR 377287/1/2008Final RuleNational Emission Standards for Hazardous AirPollutants: Area Source Standards for Plating andPolishing OperationsWWWWWW7/1/086-63-3373 FR 398717/11/08Final rule;withdrawal;revisionNational Perchloroethylene Air Emission Standards forDry Cleaning FacilitiesM7/11/086-63-3473 FR 409777/17/08Final rule;partialwithdrawal ofdirect finalrule;amendments.National Emission Standards for Hazardous AirPollutants: Organic Liquids Distribution (NonGasoline)EEEE7/17/086-63-3573 FR 425297/22/08Final rule.National Emission Standards for Hazardous AirPollutants for Semiconductor Manufacturing7/22/086-63-3673 FR 429787/23/08Final ruleNational Emission Standards for Hazardous AirPollutants: Area Source Standards for Nine MetalFabrication and Finishing Source CategoriesA, HHHHHH7/23/086-63-3773 FR 7272712/1/08Direct FinalRuleAmendments to National Emission Standards forHazardous Air Pollutants for Area Sources: ElectricArc Furnace Steelmaking FacilitiesYYYYY3/2/096-63-3873 FR 7622012/16/08Final RuleNational Emission Standards for Hazardous AirPollutant Emissions: Group I Polymers and Resins(Polysulfide Rubber Production, Ethylene PropyleneRubber Production, Butyl Rubber Production,Neoprene Production); National Emission Standardsfor Hazardous Air Pollutants for Epoxy ResinsProduction and Non-Nylon Polyamides Production;12/16/084 of 540 CFR Part 63Maximum Achievable Control Technologies for SourceCategories of Hazardous Air Pollutants (MACT)Federal Register Notices5 of 5National Emission Standards for Hazardous AirPollutants for Source Categories: Generic MaximumAchievable Control Technology Standards(Acetal Resins Production and Hydrogen FluorideProduction) (Risk and Technology Review)6-63-3973 FR 7863712/23/08Final RuleRevision of Source Category List for Standards UnderSection 112(k) of the Clean Air Act; and NationalEmission Standards for Hazardous Air Pollutants forArea Sources: Ferroalloys Production FacilitiesA, YYYYYY12/23/08

### Exhibit NMED 7 Narrative Summary Federal Register Notices AffectedProposed changes to20.2.77 NMAC (NSPS)NMEDExhibit#TitleActionSummary7-60-1Standards of Performance for NewStationary Sources and EmissionGuidelines for Existing Sources: OtherSolid Waste Incineration Units:ReconsiderationNotice of finalaction onreconsiderationOn December 16, 2005, EPA published final rules entitled, ``Standards ofPerformance for New Stationary Sources and Emission Guidelines forExisting Sources: Other Solid WasteIncineration Units.'' Following thatfinal action, the Administrator received a petition for reconsideration. Inresponse to the petition, onJune 28, 2006, EPA announced ourreconsideration of whether SSI should be excluded from the other solidwaste incineration units (OSWI) rules and requested comment on thisissue. After carefully considering all of the comments and informationreceived through our reconsideration process, we have concluded that noadditional changes are necessary to the final OSWI rules. With respect toall other issues raised by the petitioner, we deny the request forreconsideration.7-60-2Standards of Performance for NewStationary Sources and EmissionGuidelines for Existing Sources: LargeMunicipal Waste CombustorsNotice ofreconsideration of finalruleOn May 10, 2006, EPA published a finalrule entitled, ``Standards ofPerformance for New Stationary Sources and Emission Guidelines forExisting Sources: Large Municipal Waste Combustors.'' Following thatfinal action, the Administrator received a petition for reconsideration. Inresponse to the petition, EPA is announcing its reconsideration of threeaspects of the rule: operator stand-in provisions, data requirements forcontinuous monitors, and the status of operating parameters during the 2weeks prior to mercury and dioxin/furan testing.7-60-3Notice of Finding That Certain StatesDid Not Submit Clean Air Mercury Rule(CAMR) State Plans for New andExisting Electric Utility SteamGenerating Units and Status ofSubmission of Such PlansFinal RuleIn this action, EPA is making a finding on the status of submission ofState Plans in response to the Clean Air Mercury Rule (CAMR). CAMRrequires States to develop plans for implementing a phased cap onmercury emissions from new and existing large, coal-fired electricgenerating units leading to nationwide reductions in mercury emissionsfrom such units and establishes November 17, 2006 as the deadline forsubmitting those plans. At present, some States have submitted plans,others are still in the process of developing plans, and some are choosingnot to submit plans but instead to allow a Federal Plan addressing suchemissions to go into effect in that State. In this action, EPA is makingspecific findings that certain Statesdid not submit CAMR State Plans bythe November 17, 2006 deadline and isotherwise providing notice of thestatus of State Plan submissions. In conjunction with this rule, EPA is alsoproviding letters to each State regarding this action.7-60-4Revisions to Standards of Performancefor New Stationary Sources, NationalEmission Standards for Hazardous AirPollutants, and National EmissionStandards for Hazardous Air Pollutantsfor Source CategoriesFinal RuleThis action promulgates revisions to the General Provisions for Standardsof Performance for New Stationary Sources, for National EmissionStandards for Hazardous Air Pollutants, and for National EmissionStandards for Hazardous Air Pollutantsfor Source Categories to allow forextensions to the deadline imposed for source owners and operators toconduct an initial or subsequent performance test required by applicableregulations. The General Provisions do not currently provide forextensions of the deadlines for conducting performance tests.7-60-5Two Optional Methods for RelativeAccuracy Test Audits of MercuryMonitoring Systems Installed onCombustion Flue Gas Streams andSeveral Amendments to RelatedMercury Monitoring ProvisionsDirect FinalRuleEPA is taking direct final action on two optional methods for relativeaccuracy audits of mercury monitoring systems installed on combustionflue gas streams and several amendments to related mercurymonitoring provisions. This action approves two optional mercury (Hg)emissions test methods for potential use in conjunction with an existingregulatory requirement for Hg emissions monitoring, as well as severalrevisions to the mercury monitoring provisions themselves. This action isin regard to the testing and monitoring requirements for mercury specifiedin the Federal Register on May 18,2005. Since that publication, EPA hasreceived numerous comments concerning the desirability of EPAevaluating and allowing use of the measurement techniques addressed inthe two optional methods in lieu ofthe methods identified in the citedFederal Register publication, as they can produce equally acceptablemeasures of the relative accuracyachieved by Hg monitoring systems.This action allows use of these two optional methods entirely at thediscretion of the owner or operator of an affected emission source inplace of the two currently specified methods. This direct final rule alsoamends Performance Specification12A by adding Methods 30A and 30Bto the list of reference methods acceptable for measuring Hgconcentration and the Hg monitoring provisions of May 18, 2005, to reflecttechnical insights since gained by EPA which will help to facilitateimplementation including clarificationand increased regulatory flexibilityfor affected sources.7-60-6Update of Continuous InstrumentalTest Methods: Technical AmendmentsDirect FinalRuleEPA is taking direct final action on``Update of Continuous InstrumentalTest Methods: Technical Amendments'' to correct errors in a recent finalrule that amended five instrumental test methods and was published onMay 15, 2006. As published, the amendments contained inadvertenterrors and provisions that need to be clarified. We are correcting errorsand clarifying portions of the amendmentsto reflect the intent of the ruleand to make them more understandable by affected parties.7-60-7Update of Continuous InstrumentalTest Methods: Technical AmendmentsWithdrawal ofDirect FinalRuleEPA published a direct final rule on September 7, 2007, tocorrect errorsin a May 15, 2006, final rule amending five instrumental test methods. Wereceived adverse comment during the comment period on the September2007 direct final rule and are now withdrawing that direct final rule.7-60-8Standards of Performance forStationary Spark Ignition InternalCombustion Engines and NationalEmission Standards for Hazardous AirPollutants for Reciprocating InternalCombustion EnginesFinal RuleEPA is promulgating new sourcestandards of performance for stationaryspark ignition internal combustion engines. EPA is also promulgatingnational emission standards for hazardous air pollutants for new andreconstructed stationary reciprocating internal combustion engines thateither are located at area sources ofhazardous air pollutant emissions orthat have a site rating of less than or equal to 500 brake horsepower andare located at major sources of hazardous air pollutant emissions.7-60-9Standards of Performance forEquipment Leaks of VOC in theSynthetic Organic ChemicalsManufacturing Industry; Standards ofPerformance for Equipment Leaks ofVOC in Petroleum RefineriesDirect FinalRule; StayEPA is taking direct final action on the standards ofperformance for equipment leaks of VOC in the Synthetic OrganicChemicals Manufacturing Industry (SOCMI) and Petroleum Refineries.On November 16, 2007, EPA promulgated amendments and establishednew standards for these industries. Following that action, theAdministrator received a petition for reconsideration. In response to thepetition, EPA granted a stay of certain provisions in the final amendmentsand new standards. In this action,EPA is extending the stay of therequirements under reconsideration until a final decision is reached onthese issues.7-60-10Standards of Performance forPetroleum RefineriesFinal RuleEPA is issuing final amendments to the current Standards ofPerformance for Petroleum Refineries. This action also promulgatesseparate standards of performance for new, modified, or reconstructedprocess units at petroleum refineries. The final standards for newprocess units include emissions limitations and work practice standardsfor fluid catalytic cracking units, fluid coking units, delayed cokingunits, fuel gas combustion devices, and sulfur recovery plants. Thesefinal standards reflect demonstrated improvements in emissions controltechnologies and work practices that have occurred since promulgationof the current standards.7-60-11Standards of Performance forPetroleum RefineriesFinal Rule;reconsideration and stayof effectivedateThis action grants Petitioners' request for reconsideration and Petitioners'request for a stay until December 25, 2008 for certain specific provisionsin the newly promulgated standards of performance for new, modified, orreconstructed process units at petroleum refineries. The effective date forthe final rule promulgating amendments to the current standards ofperformance for petroleum refineries has not changed and remains June24, 2008.7-60-12Control of Emissions From NonroadSpark-Ignition Engines and EquipmentFinal RuleWe are setting emission standards for new nonroad spark-ignitionengines that will substantially reduce emissions from these engines. Theexhaust emission standards apply starting in 2010 for new marine sparkignition engines, including first-timeEPA standards for sterndrive andinboard engines. The exhaust emission standards apply starting in 2011and 2012 for different sizes of new land-based, spark-ignition engines ator below 19 kilowatts (kW). These small engines are used primarily inlawn and garden applications. We are also adopting evaporative emissionstandards for vessels and equipment using any of these engines. Inaddition, we are making other minor amendments to our regulations.We estimate that by 2030, this rule will result in significantly reducedpollutant emissions from regulated engine and equipment sources,including estimated annual nationwide reductions of 604,000 tons ofvolatile organic hydrocarbon emissions, 132,200 tons of NOX emissions,and 5,500 tons of directly-emitted particulate matter (PM2.5) emissions.These reductions correspond to significant reductions in the formation ofground-level ozone. We also expect to see annual reductions of1,461,000 tons of carbon monoxide emissions, with the greatestreductions in areas where there have been problems with individualexposures. The requirements in thisrule will substantially benefit publichealth and welfare and the environment. We estimate that by 2030, on anannual basis, these emission reductions will prevent 230 PM-relatedpremature deaths, between 77 and 350 ozone-related premature deaths,approximately 1,700 hospitalizationsand emergency room visits, 23,000work days lost, 180,000 lost school days, 590,000 acute respiratorysymptoms, and other quantifiable benefits every year. The total annualbenefits of this rule in 2030 are estimated to be between $1.8 billion and$4.4 billion, assuming a 3% discount rate. The total annual benefits of thisrule in 2030 are estimated to bebetween $1.6 billionand $4.3 billion,assuming a 7% discount rate. Estimated costs in 2030 are many timesless at approximately $190 million.7-60-13Standards of Performance for FossilFuel-Fired Steam Generators for WhichConstruction Is Commenced AfterAugust 17, 1971; Standards ofPerformance for Electric Utility SteamGenerating Units for WhichConstruction Is Commenced AfterSeptember 18, 1978; Standards ofPerformance for Industrial-CommercialInstitutional Steam Generating Units;and Standards of Performance forSmall Industrial-CommercialInstitutional Steam Generating UnitsFinal RuleEPA is amending the new source performance standards (NSPS)for electric utility steam generating units and industrial-commercialinstitutional steam generating units. These amendments to theregulations are to add compliance alternatives for owners and operatorsof certain affected sources, eliminate the opacity standard forfacilities with a particulate matter (PM) limit of 0.030 lb/millionBritish thermal units (MMBtu) orless that choose to voluntarilyinstall and use PM continuous emission monitors (CEMS) to demonstratecompliance with that limit, and to correct technical and editorial errors.Proposed changes to 20.2.78 NMAC (NESHAP)NMEDExhibit#TitleActionSummary7-61-1Revisions to Standards of Performancefor New Stationary Sources, NationalEmission Standards for Hazardous AirPollutants, and National EmissionStandards for Hazardous Air Pollutantsfor Source CategoriesFinal RuleThis action promulgates revisions to the General Provisionsfor Standards of Performance for NewStationary Sources, for NationalEmission Standards for Hazardous Air Pollutants, and for NationalEmission Standards for Hazardous AirPollutants for Source Categoriesto allow for extensions to the deadline imposed for source owners andoperators to conduct an initial orsubsequent performance test requiredby applicable regulations. The General Provisions do not currentlyprovide for extensions of the deadlinesfor conducting performance tests.Proposed changes to 20.2.82 NMAC (MACT)NMEDExhibit#TitleActionSummary7-63-1National Emission Standards forHazardous Air Pollutants for Industrial,Commercial, and Institutional Boilersand Process Heaters: Reconsiderationof Emissions Averaging Provision andTechnical CorrectionsTechnicalCorrectionEPA is promulgating amendments to the National EmissionStandards for Hazardous Air Pollutants (NESHAP) for Industrial,Commercial, and Institutional Boilers and Process Heaters. Afterpromulgation of this final rule, the Administrator received petitionsfor reconsideration of certain provisions in the final rule.Subsequently, EPA published a noticeof the reconsideration andrequested public comment on proposed amendments to the NESHAP.After evaluating public comments, we are adopting each of theamendments that we proposed.7-63-2National Emission Standards forHazardous Air Pollutants From thePortland Cement ManufacturingIndustryFinal RuleOn June 14, 1999, under the authority of section 112 of theClean Air Act (CAA), EPA promulgatednational emission standards forhazardous air pollutants (NESHAP) for new and existing sources in thePortland cement manufacturing industry. On December 15, 2000, theUnited States Court of Appeals forthe District of Columbia Circuit(D.C. Circuit) remanded parts of the NESHAP for the Portland cementmanufacturing industry to EPA to consider, among other things, settingstandards based on the performanceof the maximum achievable controltechnology (MACT) floor standards for hydrogen chloride (HCl), mercury,and total hydrocarbons (THC), and metal hazardous air pollutants (HAP).EPA published a proposed response to the court's remand onDecember 2, 2005. We received over 1700 comments on the proposedresponse. This action promulgates EPA's final rule amendments inresponse to the court's remand and the comments received on theproposed amendments.7-63-3National Emission Standards forOrganic Hazardous Air Pollutants Fromthe Synthetic Organic ChemicalManufacturing IndustryFinal RuleIn 1994, EPA promulgated national emission standards forhazardous air pollutants (NESHAP) for the synthetic organic chemicalmanufacturing industry. This rule is commonly known as the hazardousorganic NESHAP (HON) and established maximum achievable controltechnology standards to regulatethe emissions of hazardous airpollutants from production processes that are located at major sources.The Clean Air Act directs EPA to assess the risk remaining(residual risk) after the applicationof the maximum achievable controltechnology standards and to promulgate additional standards if requiredto provide an ample margin of safety to protect public health orprevent an adverse environmental effect. The Clean Air Act alsorequires us to review and revise maximum achievable control technologystandards, as necessary, every 8 years, taking into accountdevelopments in practices, processes, and control technologies thathave occurred during that time.On June 14, 2006, EPA proposedtwo options regarding whether toamend the current emission standardsfor synthetic organic chemicalmanufacturing industry units. This action finalizes one of thoseoptions, and reflects our decision not to impose further controls andnot to revise the existing standards based on the residual risk andtechnology review. It also amends the existing regulations in certainaspects.7-63-4National Emission Standards forHazardous Air Pollutants for SurfaceCoating of Automobiles and Light-DutyTrucksDirect FinalRuleEPA is taking direct final action on amendments to theNational Emission Standards for Hazardous Air Pollutants: SurfaceCoating of Automobiles and Light-Duty Trucks (Automobiles and LightDuty Trucks NESHAP) which were promulgated on April 26, 2004, underthe authority of section 112(d) of the Clean Air Act. The direct final ruleamendments provide the option of including surface coating of heaviermotor vehicles under this rule. This action also makes direct finalrule amendments to the National Emission Standards for Hazardous AirPollutants for Surface Coating ofMiscellaneous Metal Parts andProducts (Miscellaneous Metal Parts NESHAP) and the NationalEmission Standards for Hazardous AirPollutants for Surface Coating ofPlastic Parts and Products (Plastic Parts NESHAP) to maintainconsistency between these rules and the Automobiles and Light-DutyTrucks NESHAP.7-63-5National Emission Standards forHazardous Air Pollutants forShipbuilding and Ship Repair (SurfaceCoating) OperationsDirect FinalRuleEPA is taking direct final action on amendments to thenational emission standards for hazardous air pollutants (NESHAP) forshipbuilding and ship repair (surface coating) operations (subpart II)promulgated on December 15, 1995 (60 FR 64330), under the authority ofsection 112(d) of the Clean Air Act (CAA). These direct final ruleamendments close an unintended gap in the scope of activities subjectto the NESHAP by amending the definition of ``ship'' to include allmarine or fresh-water vessels that are either (1) 20 meters or more inlength regardless of the purpose for which the vessel is constructed orused, or (2) less than 20 meters in length and designed and builtspecifically for military or commercial purposes. All shipbuilding andship repair coating operations performed on ``ships,'' as so defined,are subject to Subpart II if they take place at an ``affected source,''as defined in 40 CFR 63.782. The only exception is that this NESHAPshall not be construed to apply to coating activities that are subjectto emission limitations or work practices under the NESHAP for the boatmanufacturing at 40 CFR part 63 subpart VVVV. We have also added adefinition of ``commercial'' to further clarify the types ofnonmilitary vessels less than 20 meters that we consider to be ships.The amended definition of ``ship'' renders the term ``pleasure craft''unnecessary and the amendments, therefore, eliminate the use of thatterm in subpart II.7-63-6Source Categories From Oil andNatural Gas Production FacilitiesFinal RuleThis action promulgates national emission standards forhazardous air pollutants to regulatehazardous air pollutant emissionsfrom oil and natural gas productionfacilities that are area sources.The final national emission standards for hazardous air pollutants formajor sources was promulgated on June 17, 1999, but final action withrespect to area sources was deferred. Oil and natural gas production isidentified in the Urban Air Toxics Strategy as an area source categoryfor regulation under section 112(c)(3)of the Clean Air Act because ofbenzene emissions from triethylene glycol dehydration units located atsuch facilities. This final rule also amends a general provision in theregulation to allow the use of an ASTM standard as an alternative testmethod to EPA Method 18 in the National Emission Standards forHazardous Air Pollutants From Oil and Natural Gas Production Facilities.7-63-7National Emission Standards forHazardous Air Pollutants for AreaSources: Polyvinyl Chloride andCopolymers Production, PrimaryCopper Smelting, Secondary CopperSmelting, and Primary NonferrousMetals: Zinc, Cadmium, and BerylliumFinal RuleEPA is issuing national emission standards for hazardous air pollutants(NESHAP) for four area source categories. These final NESHAPinclude emissions limits and/or work practice standards that reflectthe generally available control technologies (GACT) and/or managementpractices in each of these area source categories.7-63-8National Emission Standards forHazardous Air Pollutants forShipbuilding and Ship Repair (SurfaceCoating) OperationsWithdrawal ofdirect finalrule; notice ofreopening ofpubliccommentperiodBecause EPA received adverse comments, we are withdrawing thedirect final rule for the National Emission Standards for Hazardous AirPollutants for Shipbuilding and Ship Repair (Surface Coating) Operationspublished on December 29, 2006. Additionally, this notice serves toreopen the public comment period for 60 days to facilitate thecollection and submission of data byaffected sources. This informationwill assist EPA in determining the appropriate course of action foraddressing surface coating operationsthat are the subject of thedirect final rule amendments.7-63-9National Emission Standards forHazardous Air Pollutants: SurfaceCoating of Automobiles and Light-DutyTrucks; National Emission Standardsfor Hazardous Air Pollutants for SurfaceCoating of Plastic Parts and ProductsDirect FinalRuleEPA is taking direct final action onamendments to the National EmissionStandards for Hazardous Air Pollutants: Surface Coating of Automobilesand Light-Duty Trucks (Automobiles and Light- Duty Trucks NESHAP)which were promulgated on April 26, 2004, under the authority of section112(d) of the Clean Air Act. The direct final rule amends provisions in theAutomobiles and Light-Duty Trucks NESHAP to clarify the interactionbetween the Automobiles and Light-Duty Trucks NESHAP and theNational Emission Standards for Hazardous Air Pollutants for SurfaceCoating of Plastic Parts and Products(Plastic Parts NESHAP), to clarifythe meaning of certain regulatory provisions, and to correct certain errorsidentified in the regulatory text. EPA is also taking direct final action onamendments to the Plastic Parts NESHAPto clarify that screen printing isnot subject to that rule.7-63-10National Air Emission Standards forHazardous Air Pollutants: HalogenatedSolvent CleaningFinal RuleEPA is promulgating revised standards to limit emissions ofmethylene chloride (MC), trichloroethylene (TCE) and perchloroethylene(PCE) from facilities engaged inhalogenated solvent cleaning. OnDecember 2, 1994, EPA promulgatedtechnology-based emissionstandards to control HAP emissions of halogenated solvents fromhalogenated solvent cleaning. Pursuantto the Clean Air Act (CAA)section 112(f), EPA has evaluated the remaining risk to public health andthe environment following implementation of the technology-based ruleand is promulgating more stringent standards in order to provide anample margin of safety to protect public health. These final standards willprovide further reductions of MC, PCE, and TCE beyond the 1994national emission standards for hazardous air pollutants (NESHAP),through application of a facility-wide total MC, PCE, and TCE emissionstandard. In addition, EPA has reviewed the standards as required bysection 112(d)(6) of the CAA and has determined that, taking intoaccount developments in practices,processes, and control technologies,no further action beyond what is required under CAA section 112(f) isnecessary at this time.7-63-11Revisions to Standards of Performancefor New Stationary Sources, NationalEmission Standards for Hazardous AirPollutants, and National EmissionStandards for Hazardous Air Pollutantsfor Source CategoriesFinal RuleThis action promulgates revisions to the General Provisionsfor Standards of Performance for NewStationary Sources, for NationalEmission Standards for Hazardous Air Pollutants, and for NationalEmission Standards for Hazardous AirPollutants for Source Categoriesto allow for extensions to the deadline imposed for source owners andoperators to conduct an initial orsubsequent performance test requiredby applicable regulations. The General Provisions do not currentlyprovide for extensions of the deadlinesfor conducting performance tests.7-63-12National Emission Standards forHazardous Air Pollutants for SourceCategories FR CorrectionCFRCorrectionIn Title 40 of the Code of Federal Regulations, Part 63 (Sec. Sec.63.600 to 63.1199), revised as of July 1, 2006, in Sec. 63.1103,paragraph (e)(2), on page 547, in alphabetical order, add thedefinition of ``Organic HAP'' to read as follows:Sec. 63.1103 Source category-specific applicability, definitions, andrequirements.* * * * *(e)* * *(2)* * *Organic HAP means the compounds listed in Table 1 to subpart XX ofthis part.* * * * *7-63-13Amendments to National EmissionStandards for Hazardous Air Pollutantsfor Primary Copper Smelting andSecondary Copper Smelting AreaSourcesDirect FinalRuleEPA is taking direct final action to amend the nationalemission standards for primary copper smelting area sources andsecondary copper smelting area sources published on January 23, 2007.The amendments to the national emission standards for primary coppersmelting area sources clarify whenplants must exhaust gases to acontrol device and what control devices may be used for thisrequirement; numbering errors are also corrected. The amendments tothe national emission standards for secondary copper smelting areasources clarify the date which defines a new copper smelter and correct across-referencing error.7-63-14National Emission Standards forHazardous Air Pollutants for AreaSources: Acrylic and Modacrylic FibersProduction, Carbon Black Production,Chemical Manufacturing: ChromiumCompounds, Flexible PolyurethaneFoam Production and Fabrication, LeadAcid Battery Manufacturing, and WoodPreservingFinal RuleEPA is issuing six nationalemissions standards for hazardousair pollutants for seven area source categories. The final emissionsstandards and associated requirements for two area source categories(Flexible Polyurethane Foam Production and Flexible Polyurethane FoamFabrication) are combined in one subpart. These final rules includeemission standards that reflectthe generally available controltechnologies or management practices in each of these area sourcecategories.7-63-15National Emission Standards forHazardous Air Pollutants: Plywood andComposite Wood ProductsFinal RuleOn June 19, 2007, the United States Court of Appeals for theDistrict of Columbia Circuit (theCourt) vacated EPA's provisions inthe National Emission Standards forHazardous Air Pollutants: Plywoodand Composite Wood Products that established an October 1, 2008,compliance deadline and that created and delisted a low risksubcategory of plywood and composite wood products facilities. Thisaction announces the Court's decision and promulgates ministerialamendments that will incorporate the Court's decision into the Code ofFederal Regulations.7-63-16Standards of Performance forEquipment Leaks of VOC in theSynthetic Organic ChemicalsManufacturing Industry; Standards ofPerformance for Equipment Leaks ofVOC in Petroleum RefineriesFinal RuleEPA is issuing final amendments to the standards ofperformance for equipment leaks of volatile organic compounds in thesynthetic organic chemicals manufacturing industry and to the standardsof performance for equipment leaks of volatile organic compounds inpetroleum refineries. The amended standards for the synthetic organicchemicals manufacturing industry apply to affected facilities that areconstructed, reconstructed, or modified after January 5, 1981, and onor before November 7, 2006. The amended standards for petroleumrefineries apply to affected facilities that are constructed,reconstructed, or modified after January 4, 1983, and on or beforeNovember 7, 2006. In this action, EPAis also issuing new standards ofperformance for equipment leaks of volatile organic compounds in thesynthetic organic chemicals manufacturing industry and for equipmentleaks of volatile organic compounds in petroleum refineries which applyto affected facilities that are constructed, reconstructed, or modifiedafter November 7, 2006. The final amendments and new standards arebased on the results of our reviewof the existing regulations asrequired by section 111(b)(1)(B) of the Clean Air Act.7-63-17National Emission Standards forHazardous Air Pollutants for AreaSources: Clay Ceramics Manufacturing,Glass Manufacturing, and SecondaryNonferrous Metals ProcessingFinal RuleEPA is issuing nationalemission standards for the ClayCeramics Manufacturing, Glass Manufacturing, and SecondaryNonferrous Metals Processing area source categories. Each of thesethree final emissions standards reflects the generally available controltechnology or management practices used by sources within therespective area source category.7-63-18National Emission Standards forHospital Ethylene Oxide SterilizersFinal RuleEPA is issuing nationalemissions standards for new andexisting hospital sterilizers that emit hazardous air pollutants andare area sources within the meaning of Clean Air Act section 112(a)(2).The final rule is based on EPA's determination as to what constitutesthe generally available control technology or management practices forthe hospital sterilizer area source category.This action is being finalized as part of EPA's obligation toregulate area sources listed for regulation pursuant to Clean Air Actsection 112(c)(3).7-63-19National Emission Standards forHazardous Air Pollutants for AreaSources: Electric Arc FurnaceSteelmaking Facilities; Final RuleFinal RuleEPA is issuing national emission standards for electric arcfurnace steelmaking facilities thatare area sources of hazardous airpollutants. The final rule establishes requirements for the control ofmercury emissions that are based on the maximum achievable controltechnology and requirements for the control of other hazardous airpollutants that are based on generally available control technology ormanagement practices.7-63-20National Emission Standards forHazardous Air Pollutants for Iron andSteel Foundries Area SourcesFinal RuleEPA is issuing national emission standards for hazardous airpollutants for two area source categories (iron foundries and steelfoundries). The requirements for the two area source categories arecombined in one subpart. The final rule establishes differentrequirements for foundries based on size. Small area source foundriesare required to comply with pollution prevention management practicesfor metallic scrap, the removal ofmercury switches, and binderformulations. Large area source foundries are required to comply withthe same pollution prevention management practices as small foundriesin addition to emissions standards for melting furnaces and foundryoperations. The final standards reflect the generally achievablecontrol technology and/or management practices for each subcategory.7-63-21National Emission Standards forHazardous Air Pollutants: PaintStripping and Miscellaneous SurfaceCoating Operations at Area SourcesFinal RuleThis action promulgates national emission standards forhazardous air pollutants (NESHAP) for area sources engaged in paintstripping, surface coating of motor vehicles and mobile equipment, andmiscellaneous surface coating operations. EPA has listed ``PaintStripping,'' ``Plastic Parts and Products (Surface Coating),'' and``Autobody Refinishing Paint Shops'' as area sources of hazardous airpollutants (HAP) that contribute to the risk to public health in urbanareas under the Integrated Urban AirToxics Strategy. This final ruleincludes emissions standards thatreflect the generally availablecontrol technology or management practices in each of these area sourcecategories. ``Plastic Parts and Products (Surface Coating)'' has beenrenamed ``Miscellaneous Surface Coating,'' and ``Autobody RefinishingPaint Shops'' has been renamed ``Motor Vehicle and Mobile EquipmentSurface Coating'' to more accuratelyreflect the scope of these sourcecategories.7-63-22National Emission Standards forHazardous Air Pollutants for SourceCategories: Gasoline Distribution BulkTerminals, Bulk Plants, and PipelineFacilities; and Gasoline DispensingFacilities; Final RuleFinal RuleThis action promulgates national emission standards forhazardous air pollutants for the facilities in the gasolinedistribution (Stage I) area source category. We are promulgating theseemission standards for hazardous airpollutants pursuant to Clean AirAct section 112(c)(3) and112(d)(5). We are adding two regulations thataddress the facilities contained in this area source category. Thefirst includes requirements for bulk distribution facilities, i.e.,gasoline distribution bulk terminals, bulk plants, and pipelinefacilities. The second includes requirements for loading of storagetanks at gasoline dispensing facilities. We are also incorporating byreference four test methods. This action also finalizes our decisionnot to regulate the above noted facilities under Clean Air Act section112(c)(6).7-63-23Standards of Performance forStationary Spark Ignition InternalCombustion Engines and NationalEmission Standards for Hazardous AirPollutants for Reciprocating InternalCombustion EnginesFinal RuleEPA is promulgating new source standards ofperformance forstationary spark ignition internalcombustion engines. EPA is alsopromulgating national emission standards for hazardous air pollutantsfor new and reconstructed stationary reciprocating internal combustionengines that either are located atarea sources of hazardous airpollutant emissions or that have a site rating of less than or equal to500 brake horsepower and are located at major sources of hazardous airpollutant emissions.7-63-24National Emissions Standards forHazardous Air Pollutants for Iron andSteel FoundriesFinal RuleEPA is issuing amendmentsto the national emission standardsfor hazardous air pollutants (NESHAP) for iron and steel foundries.These final amendments add alternative compliance options for cupolasat existing foundries and clarify several provisions to increaseoperational flexibility and improve understanding of the final rulerequirements.7-63-25National Emission Standards forHazardous Air Pollutants: PaintStripping and Miscellaneous SurfaceCoating Operations at Area sourcesCorrectionIn rule document E7-24718 beginning on page 1738 in the issue ofWednesday, January 9, 2008, make the following corrections:Sec. 63.11173 [Corrected]1. On page 1761, in the second column, in Sec. 63.11173(b), in theseventh line from the bottom, ``more'' should read ``less''.2. On the same page, in the same column, in the same section, inthe same paragraph, in the fifth line from the bottom, ``managementpractices'' should read ``requirements''.7-63-26National Emission Standards forHazardous Air Pollutants for SourceCategories: Gasoline Distribution BulkTerminals, Bulk Plants, and PipelineFacilities; and Gasoline DispensingFacilities; CorrectionCorrectionThis action corrects certain text of the final rules entitled``National Emission Standards for Hazardous Air Pollutants for SourceCategories: Gasoline Distribution Bulk Terminals, Bulk Plants, andPipeline Facilities; and Gasoline Dispensing Facilities.'' The finalrules were published in the Federal Register on January 10, 2008.7-63-27Amendments to National EmissionsStandards for Hazardous Air Pollutantsfor Area Sources: Acrylic andModacrylic Fibers Productions, CarbonBlack Productions, ChemicalManufacturing: Chromium Compounds,Flexible Polyurethane Foam Productionand Fabrication, Lead Acid BatteryManufacturing, and Wood PreservingDirect FinalRuleEPA is publishing technical corrections through this directfinal action to amend the national emission standards for acrylic andmodacrylic fibers production, carbon black production, chemicalmanufacturing: chromium compounds, flexible polyurethane foamproduction and fabrication, lead acid battery manufacturing, and woodpreserving area sources publishedon July 16, 2007. The amendmentsclarify certain provisions in two of the final area source rules(flexible polyurethane foam production and fabrication and lead acidbattery manufacturing) and correct editorial and publication errors inall of the final rules.7-63-28National Perchloroethylene AirEmissions Standards for Dry CleaningFacilitiesDirect FinalRuleEPA is taking direct final action on amendments to thenational perchloroethylene air emission standards for dry cleaningfacilities promulgated on July 27,2006, under the authority of section112 of the Clean Air Act. This action amends rule language to correctapplicability cross references that were not correctly amended betweenthe most recent proposed and final rule revisions, and to clarify thatcondenser performance monitoring may be done by either of twoprescribed methods (pressure or temperature), regardless of whether aninstalled pressure gauge is present. Without these amendments, newarea sources could erroneously be required to perform monitoring thatwas proposed for only major sources, and installed condenserperformance gauge readings could be required of sources when aprescribed temperature method is just as valid for compliance purposes.7-63-29NESHAP: National Emission Standardsfor Hazardous Air Pollutants: Standardsfor Hazardous Waste Combustors;AmendmentsFinal RuleEPA is finalizing amendments to the national emissionstandards for hazardous air pollutants (NESHAP) for hazardous wastecombustors, which EPA promulgated on October 12, 2005. Theamendments to the October 2005 final rule clarify several compliance andmonitoring provisions, and also correct several omissions andtypographical errors in the final rule. We are finalizing the amendments tofacilitate compliance and improve understanding of the final rulerequirements. This rule does not address issues for which petitionerssought reconsideration. Nor does it address issues raised in EPA'scomment solicitation of September 27, 2007.7-63-30National Emission Standards forHazardous Air Pollutants: OrganicLiquids Distribution (Non-Gasoline)Direct FinalRuleEPA is taking direct final action on the national emissionstandards for hazardous air pollutants for organic liquids distribution(non-gasoline), which EPA promulgated on February 3, 2004, andamended on July 28, 2006. In this action, EPA is clarifying combustioncontrol device compliance requirements, certain storage tank controlcompliance dates, and vapor balance system monitoring requirements. Inaddition, EPA is correcting typographical errors found in the July 28,2006, final rule amendments.7-63-31National Emission Standards forHazardous Air Pollutants for SourceCategory: Gasoline DispensingFacilitiesDirect FinalRuleEPA is taking direct final action on certain amendments to theNational Emission Standards for Hazardous Air Pollutants for SourceCategory: Gasoline Dispensing Facilities, which EPA promulgated onJanuary 10, 2008, and amended on March 7, 2008. The January 10, 2008rule established national emission standards for hazardous airpollutants for the facilities in the gasoline distribution (Stage I)area source category. This action only affects area source gasolinedispensing facilities with a monthly throughput of 100,000 gallons ofgasoline or more. In this action,EPA is amending the pressure andvacuum vent valve cracking pressure and leak rate requirements forvapor balance systems used to control emissions from gasoline storagetanks at gasoline dispensing facilities. Newly constructed orreconstructed gasoline dispensing facilities must comply with therequirements of these amendmentsby the effective date of theamendments, or upon start-up, whichever is later. We are not modifyingthe compliance date for existing sources with a monthly throughput of100,000 gallons of gasoline or more.7-63-32National Emission Standards forHazardous Air Pollutants: Area SourceStandards for Plating and PolishingOperationsFinal RuleWe are issuing nationalemission standards for control ofhazardous air pollutants (HAP) for the plating and polishing areasource category. This final rule establishes emission standards in theform of management practices for new and existing tanks, thermalspraying equipment, and mechanical polishing equipment in certainplating and polishing processes. These final emission standards reflectEPA's determination regarding thegenerally achievable controltechnology (GACT) and/or management practices for the area sourcecategory.7-63-33National Perchloroethylene AirEmission Standards for Dry CleaningFacilitiesFinal rule;withdrawal;revisionEPA published a direct final rule and parallel proposal onApril 1, 2008, to amend revisions to the national perchloroethylene airemission standards for dry cleaning facilities which EPA promulgated onJuly 27, 2006. Because we received adverse comment during thecomment period on the direct final rule and parallel proposal, we arewithdrawing the direct final rule and taking final action on theproposed rule to reflect our response to the comments.7-63-34National Emission Standards forHazardous Air Pollutants: OrganicLiquids Distribution (Non-Gasoline)Final rule;partialwithdrawal ofdirect finalrule;amendments.EPA published proposedand direct finalrule amendments onApril 23, 2008, of the national emission standards for hazardous airpollutants for organic liquids distribution (non-gasoline), which EPApromulgated on February 3, 2004, and amended on July 28, 2006.Because adverse comments were received on two of the April 23, 2008,proposed and direct final rule amendments, EPA is withdrawing the twocorresponding regulatory amendments in the direct final rule beforethey become effective on July22, 2008. The other regulatoryamendments discussed in the direct final rule, for which we did notreceive any adverse comments, will become effective on July 22, 2008,as we stated in that notice. In addition, in this action EPA is promulgatingfinal rule amendments regarding the provisions that were commentedupon and withdrawn, and responds to the adverse comments wereceived. Additionally we are correcting typographical errors that we haveidentified in other sections of therule text that were not addressedin the April 23, 2008, notices.7-63-35National Emission Standards forHazardous Air Pollutants forSemiconductor ManufacturingFinal rule.EPA is issuing amendmentsto the national emission standardsfor hazardous air pollutants (NESHAP) for semiconductor manufacturing.These amendments establish a new maximum achievable controltechnology floor level of controlfor existing and new combined hazardousair pollutants process vent streams containing inorganic and organichazardous air pollutants and clarify the emission requirements forprocess vents by adding definitions for organic, inorganic, andcombined hazardous air pollutant process vent streams that contain bothorganic and inorganic hazardous air pollutant.7-63-36National Emission Standards forHazardous Air Pollutants: Area SourceStandards for Nine Metal Fabricationand Finishing Source CategoriesFinal ruleEPA is issuing nationalemission standardsfor control ofhazardous air pollutants for nine metal fabrication and finishing areasource categories (identified in section I.A. below). This final ruleestablishes emission standards in the form of management practices andequipment standards for new and existing operations of dry abrasiveblasting, machining, dry grinding and dry polishing with machines,spray painting and other spray coating, and welding operations. Thesestandards reflect EPA's determination regarding the generallyachievable control technology and/ormanagement practices for the ninearea source categories.7-63-37Amendments to National EmissionStandards for Hazardous Air Pollutantsfor Area Sources: Electric Arc FurnaceSteelmaking FacilitiesDirect FinalRuleEPA is taking direct final action toamend the nationalemission standardsfor electric arc furnace (EAF) steelmaking facilities that are area sourcesof hazardous air pollutants published on December 28, 2007. Theamendments to the area source standards for EAF steelmaking facilitiesclarify applicability of the opacity limit, make the performance testrequirements for particulate matter consistent with requirements in thenew source performance standards for EAF steelmaking facilities, allowtitle V test data to be used to demonstrate compliance, and revise thedefinition of ``scrap provider'' toinclude EAF steelmaking facilities thatown and operate a scrap shredder.7-63-38National Emission Standards forHazardous Air Pollutant Emissions:Group I Polymers and Resins(Polysulfide Rubber Production,Ethylene Propylene Rubber Production,Butyl Rubber Production, NeopreneProduction); National EmissionStandards for Hazardous Air Pollutantsfor Epoxy Resins Production and NonNylon Polyamides Production;NationalEmission Standards for Hazardous AirPollutants for Source Categories:Generic Maximum Achievable ControlTechnology Standards (Acetal ResinsProduction and Hydrogen FluorideProduction) (Risk and TechnologyReview)Final RuleThis final rule responds to public comments received on theproposed rule and announces our decision not to revise four nationalemission standards for hazardous air pollutants that regulate eightindustrial source categories evaluated in our risk and technologyreview. The four national emission standards and eight industrialsource categories are: National Emissions Standards for Hazardous AirPollutant Emissions: Group I Polymers and Resins (Polysulfide RubberProduction, Ethylene Propylene Rubber Production, Butyl RubberProduction, and Neoprene Rubber Production); National EmissionStandards for Hazardous Air Pollutants for Epoxy Resins Production andNon-nylon Polyamides Production; National Emission Standards forHazardous Air Pollutants for Acetal Resins Production and NationalEmission Standards for Hazardous Air Pollutants for Hydrogen FluorideProduction. The underlying nationalemission standards that werereviewed in this action limit and control hazardous air pollutants.On December 12, 2007, we proposed not to revise the nationalemission standards based on our residual risk assessment andtechnology review. After conducting risk and technology reviews, andafter considering public comments on the proposed rule, we conclude noadditional control requirements are warranted under section 112(f)(2)or 112(d)(6) of the Clean Air Act at this time.7-63-39Revision of Source Category List forStandards Under Section 112(k) ofthe Clean Air Act; and NationalEmission Standards for Hazardous AirPollutants for Area Sources:Ferroalloys Production FacilitiesFinal RuleEPA is revising the area source category list by changing thename of the ferroalloys production category to clarify that it includesall types of ferroalloys. We are also adding two additional products(calcium carbide and silicon metal)to the source category. EPA isissuing final national emissions standards for control of hazardous airpollutants (HAP) for area source ferroalloys production facilities. Thefinal emissions standards for new and existingsources reflect EPA'sdetermination regarding the generally available control technology(GACT) or management practices for the source category.

### 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)

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

# 3J11i**~ ~--**  . I REGION VI

--

### ~~ / 1201 ELM STREET J !**~** ) I"

DALLAS, >EXAS 75270

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### 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,



# --

......

# t.~ ck Whittington, 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/Recyclable2



### 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\Uonyof

·. ·

.. 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 or424 

### 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 87504New 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) prop osed 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 Techno logy Standards for Source Ca tegories 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 no tice 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 hear ing. 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 statemen t 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, telephon e 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

. f: tur . . d t rt"fy h t 

### th . h d d ] engine manu ac er 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 Mexi co of plans to adopt federal rules into the New Mexico Environment Department's air qua lity rules. These federal rules became final between [date] and January 31, 2009. U pdates will be made to the following NM air quality rules under three sections:

1. New Source Performance Standards (N SPS), 20.2.77 New Mexico Administrative Code (NMAC);

2. National Emission Standards for Haza rdous Air Pollutants (NESHAP), 20.2.78 NMAC;
3. Maximum Achievable Control Technol ogy 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. Impl ementation at the state level conserves federal resources, and the federal requiremen ts 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 cu rrently be subject to these federal rules. We encourage you to visit the EPA website fo r 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 devel oping 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 Em ission 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 Me tal Fabricator you may be subject to requirements in 40 CFR Part 63, Subpar t 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. Deta ils 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 CCCCC C National Emission Standards for Hazardous Air Pollutants for Source Categorie s: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Faci lities; 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 REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
(505) 243-5018 - Fax (505) 243-36062

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 REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
(505) 243-5018 - Fax (505) 243-36063

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 REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
(505) 243-5018 - Fax (505) 243-36064

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 REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
(505) 243-5018 - Fax (505) 243-36065

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 REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
(505) 243-5018 - Fax (505) 243-36066

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 REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
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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 REPORTERS110 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?

KATHY TOWNSEND COURT REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
(505) 243-5018 - Fax (505) 243-36069

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.

KATHY TOWNSEND COURT REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
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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

KATHY TOWNSEND COURT REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
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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

KATHY TOWNSEND COURT REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
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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

KATHY TOWNSEND COURT REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
(505) 243-5018 - Fax (505) 243-360613

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.

KATHY TOWNSEND COURT REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
(505) 243-5018 - Fax (505) 243-360614

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 REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
(505) 243-5018 - Fax (505) 243-360615

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 REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
(505) 243-5018 - Fax (505) 243-360616

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

KATHY TOWNSEND COURT REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
(505) 243-5018 - Fax (505) 243-360617

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

KATHY TOWNSEND COURT REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
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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.

KATHY TOWNSEND COURT REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
(505) 243-5018 - Fax (505) 243-360619

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 REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
(505) 243-5018 - Fax (505) 243-360620

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.

KATHY TOWNSEND COURT REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
(505) 243-5018 - Fax (505) 243-360621

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?

KATHY TOWNSEND COURT REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
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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

KATHY TOWNSEND COURT REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
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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 REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
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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 REPORTERS110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102
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