State of New Mexico 

Office of the Governm 

Bill Richardson 

Governor 

December 1,2003 

Mayor Richard Greene 

Regional Administrator 

U.S. Environmental Protection Agency, Region 6 

1445 Ross Avenue 

Dallas, TX 75202-2733 

Dear Mayor Greene: 

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

U.S. Environmental Protection Agency (EPA) the enclosed Revision to the New Mexico Srate 

Ilnplementntiol? Plan for Regional Haze (SIP revision) and related new and revised air quality 

regulations. These documents were compiled in accordance with Title 40 of the Code of Federal 

Regulations, Part 5 1, Section 309, commonly referred to as Section 309 of the federal Regional 

Haze Rule. The New Mexico Environmental Improvement Board adopted the SIP revision and 

the associated new and revised regulations at hearings on November 18 and 19,2003. 

The enclosed SIP revision is New Mexico's first step toward remedying regional haze, created 

by visibility-impairing air pollution originating at a variety of sources over a broad geographic 

area. The visibility protection recommendations of the Grand Canyon Visibility Transport 

Commission (GCVTC) will be implemented by New Mexico through the' SIP revision, which 

addresses visibility impairment at mandatory federal Class I areas on the Colorado Plateau, 

including San Pedro Parks Wilderness Area in New Mexico. Additionally, the SIP revision 

makes it possible for New Mexico to continue its regional approach to a regional air quality issue 

through collaboration with other westenl states and tribes in the GCVTC's successor 

organization, the Western Regional Air Partnership. 

Accompanyin,o the SIP revision are two new regulations and two revised regulations that are 

being added to the New Mexico Administrative Code (NMAC). The two new regulations are 

Smoke Management (20.2.65 NMAC) and the Western Backstop Sulfur Dioxide Trading 

Program (20.2.81 NMAC). Section 309 of the federal Regional Haze Rule requires both new 

regulations and the revisions that were made to Notice of Intent and Emissions Inventory 

Requirements (20.2.73 NMAC). 

State Capitol Room 400 Santa Fe, New Mexico 87501 505-827-3000 www.governor.stare.nm.us 
Mayor kchard Greene 

U.S . Environmental Protection Agency 

December 1,2003 

Page 2 

Revisions were also made to New Mexico's Open Burning regulation (20.2.60 NMAC) because 

that regulation's requirements dovetail with the requirements of the new Smoke Management 

regulation. Although not a part of the Regional Haze SIP requirements under 40 CFR 51.309, the 

Open Burning regulation is a part of New Mexico's SIP and has been since it was initially 

adopted in 1969. 

In addition to the SIP revision and new and revised regulations, complete records of the SIP 

revision hearing and reguIatory hearings are enclosed for your review. 

The State of New Mexico looks forward to EPA's approval of the State Implementation Plan 

revisions and your continued support for our efforts to protect visibility in New Mexico's 

National Parks and Wilderness Areas. If you have any questions regarding the SIP revision or 

the new or revised regulations, please contact Sandra Ely, Chief of NMED's Air Quality Bureau, 

at (505) 955-809 1. 

Bill Richardson 

Governor of New Mexico 

Enclosures: 

A. Revision to the New Mexico State Implementation Plan for ~e~ional Haze 

B. Regulatory text and NMAC Transmittal Forms for 

20.2.60 MAC, Open Burning 

20.2.65 NMAC, Smoke Management 

20.2.73 NMAC, Notice of Intent and Emissions Inventory Requirements 

20.2.81 NMAC, Western Backstop Sulfur Dioxide Trading Program -A -7 

C. Copies of Public Notices of the Hearings and Affidavits of Publication , 

2 

, /-- D. Copies of Notices of Intent to Testify at the Hearings -l 

E. Transcripts and Exhibits for the Hearings ) 

1'3 .-- 

cc: Carl Edlund, EPA Region 6 

Tom Diggs, EPA Region 6 

David Neleigh, EPA Region 6 

Joe Kordzi, EPA Region 6 

Ron Curry, NMED, Cabinet Secretary 

Sandra EIy, NMED, Air Quality Bureau 
Amendments to: 

20.2.73 NMAC 

Notice of Intent and Emissions Inventory Requirements 
$- --- FlLEO r3r4nc.7?r-,,-. WITH f,-!! Tr,9 

*.. !.&:k, 7,-;..2 2 !.: , $.[+ 

NMAC TRANSMIlTAL FORM 2003NOY 25 /,::li: 19 

1.24.10 NMAC [Sequence # 

I Environmental Improvement Board 1 667 1 

P.O. Box 26110 

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

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

E-mail tram huahes@nmenv.state.nm.us 

New Amendment Renumber Repeal Emergency 

Title 1 Chapter ] part 

20 12 1 73 

I Reference / Internet site 

No x Yes Please list attachments 

- - and Internet site@) if 

applicable 2 

3. 

Public domain 0 

Name: Gay Dillingham Check if delegated 

authority 

Title: Chair A 

0 

bate ~idned , J 
- This is an amendment to 20.2.73 NMAC, Sections 7 and 300 effective on 12/31/03. 

20.2.73.7 DEFINITIONS: In addition to the terms defined in Part 2 (20.2.2 NMAC - definitions), as used 

in thls part: 

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

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

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

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

construction or modification; 

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

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

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

discharged into the atmosphere of a community; 

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

chimney, vent, or other functionally-equivalent opening; 

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

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

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

include: 

(1) a change in ownership of the source; 

(2) routine maintenance, repair or replacement; 

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

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

pursuant to the federal Clean Air Act; or 

(4) unless previously limited by enforceable permit conditions; 

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

- capacity of the source; 

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

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

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

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

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

nonattainment area under section 107 of the federal act; 

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

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

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

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

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

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

processing operations and asphalt plants; 

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

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

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

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

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

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

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

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

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

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

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

IM]IJ. "regulated air contaminant" means[;] any air contaminant, the emission or ambient 

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

,- IN]Q. "shutdown" means the cessation of operation of any air pollution control equipment, process 

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

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

20.2.73 NMAC 1 
(including temporary installations), operation or portable stationary source which emits or may emit any air L.a contaminant; any research facility may group its sources for the purpose of this part at the discretion of the secretary 

of the department; 

0. "WEB source" means a stationarv source that meets the a~vlicabilitv requirements of 20.2.81.101 

NMAC; 

R. "western backstop sulfur dioxide trading program" means 20.2.81 NMAC, triggered as a 

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

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

20.2.73.300 EMISSION INVENTORY REQUIREMENTS: 

A. Applicability. The requirements of Section 300 this Part (20.2.73.300 NMAC) apply to the 

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

(1) has been issued a permit under Part 72 (20.2.72 NMAC - construction permits) during any period 

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

(2) is required to file a notice of intent under Section 200 of this part (20.2.73.200 NMAC); or 

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

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

1990. 

B. Reporting requirements. 

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

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

organic compounds shall submit an emissions report annually. 

(2) Any source defined as a major source of hazardous air pollutants under Part 70 (20.2.70 NMAC - 

operating permits) shall submit an emissions report annually. 

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

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

annually. 

(4) Any source which is not required by Paragraph (I), (2), or (3) of Subsection B of ths section - 

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

the department, but no more frequently than annually. 

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

department shall provide to the owner or operator required by this section (20.2.73.300 NMAC) to submit an 

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

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

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

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

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

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

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

an emission report. 

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

operating permit issued under Part 70 (20.2.70 NMAC - operating permits) shall submit such report on that date. 

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

source. 

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

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

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

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

(20.2.70 NMAC) attesting that the statements and information contained in the emissions report are true and 

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

of signature, and telephone number of the certifying official; for sources subject to Part 70 (20.2.70 NMAC), the 

certification shall be made as required under that part; 

smelters shall submit an annual report of sulfur input. in tonslvear; 

I@j]m for each emission point, as required by the department: 

(a) stack and exhaust gas parameters; 

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

20.2.73 NMAC 2 
(c) schedule of operation; 

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

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

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

methods utilized to make such estimates, including calculations; 

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

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

1(9]m all information required under the federal act. 

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

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

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

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

by the department; and 

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

reported: 

(a) for each emissions point; and 

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

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

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

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

requirements of Paragraph (4) of Subsection C of this section (20.2.73.300 NMAC) for emissions which the 

department determines to be insignificant under Part 70 (20.2.70 NMAC), except that: 

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

nonattainment shall not be waived; 

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

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

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

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

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

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

backstop sulfur dioxide trading vrogram has been fully implemented and emission traclung has occurred under 

20.2.81.106 NMAC. 

1 All WEB sources will be subiect to the following federally enforceable provisions: 

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

Jb) document the emissions monitoringlestimation methodologv used. and demonstrate that 

the selected methodology is acceptable under the inventory program; 

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

inventory; 

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

federal acid rain program; 

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

the following: 

Ji) amount of fuel consumed, 

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

fiii) quantity of product monitorinc data, 

Jiv) emissions monitoring data, 

Jv) operating data, and 

Jvi) how the emissions are calculated; 

Jf) maintain records of any vhvsical changes to facility operations or equipment, or any other 

changes that may affect the emissions proiections: and 

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

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

whichever is longer. 

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

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

20.2.73 NMAC 3 

- p- - .- - 
STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BO 

PETITION FOR HEARING ON 

PROPOSED 20.2.73 NOTICE OF INTENT 

AND EMISSION INVENTORY EIB 03-08D 

NEW MEXICO ENVIRONMENT DEPARTMENT'S 

NOTICE OF INTENT TO PRESENT TECHNICAL TESTIMONY 

The Environmental Protection Division of the New Mexico Environment Department 

(Division) submits this Notice of Intent to Present Technical Testimony in support of the above- 

, referenced petition at the public hearing beginning on November 17 or 18,2003. 

1. The person for whom the witnesses will testifv. 

The Division. 

2. The name and qualifications of each technical witness. 

za 

Mary Hilbert. Ms. Hilbert is an Environmental Analyst for the Control Strategies Section of the 

Air Quality Bureau. She has worked in the Control Strategies Section since July 2001. Ms. 

Hilbert holds a B.S. degree in Environmental Science and Management from New Mexico 

Highlands University. 

Rita Truiillo. Rita Trujillo is Program Manager in the Control Strategy Section of the Air 

Quality Bureau. She has 13 years experience in the environmental field, including 5 years with 

the Air Quality Bureau. Ms. Trujillo holds a BS in Biology from Humboldt State University. 

Maw Uhl. Mary is the Manager, Planning and Policy Section and has been with the Air 

Quality Bureau since 1992 doing computer-based air dispersion modeling in support of permit 

issuance, regulation development and enforcement actions. Ms. Uhl has completed over 500 

a* 

NOTICE OF INTENT - PAGE 1 
dispersion modeling analyses for air polliition facilities in the state and developed a 9 

comprehensive New Mexico Air Dispersion Modeling Guideline. Ms. Uhl has BS in Math and 

Chemistry and an MS in Atmospheric Sciences all from Purdue University. 

Patrick Cummins. Mr. Curnmins is the Air Quality Program Manager for the Western 

Governors' Association, where he also serves as Co-Director for the Western Regional Air 

Partnership. He has been in this position since January 2000 and prior to that time, Mr. 

Curnrnins served as Deputy Director of Denver's Regional Air Quality Council. He holds a BS in 

I I Chemisby fiom Fort Lewis College in Durango, CO and an MPA in Ehvironmental Policy from 

the School of Public and Environmental Affairs at Indiana University, Bloomington: IN. 

I1 

-9 

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

The Division supports the proposed revisions. 

4. Summary of testimony. 

The direct testimony of Ms. Hilbert is attached. The Division estimates that Ms. Hilbert's 

testimony will take 30 minutes. Ms. Trujillo, Ms. Uhl and Mr. Cummins will not provide direct 

testimony, but will be available to answer questions and for re-direct testimony, if necessary. 

5. A list and description of anticipated exhibits. 

EXHLBIT NUMBER TITLE OF EXHIBIT 

NMED Exhibit 1 

NMED Exhibit 2 

NMED Exhibit 3 

Proposed revision to 20.2.73 NMAC 

Direct Testimony of Mary Hilbert 

40 CFR 55 1.309 

6. Proposed alternative language. 

NMED proposes no additional changes to the regulation submitted to the 

Environmental Improvement Board on August 29,2003. 

NOTICE OF INTENT - PAGE 2 
7. Reservation of Rights. 

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

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

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

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

witness and to present any exhibit in support thereof. 

Respectfully submitted, 

,- 

NOTICE OF E'JTENT - PAGE 3 

NEW MEXICO ENVIRON~ENT DEPARTMENT 

OFFICE OF GENERAL COUNSEL - 

rq 

~rac~dhghef 

Tim Dolan 

New Mexico Environment Department 

1190 St. Francis Drive 

Santa Fe, New Mexico 87502-61 10 

Telephone (505) 827-2990 

Facsimile (505) 827-2836 
.psc TITLE 20 EN\W.C?NMENTPL ?RC)TECTIOIY NMED Exhibit 1 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 73 NOTICE OF INTENT AND EMISSIONS INVENTORY REQUIREMENTS 

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

section or paragraph. 

[11/30/95, 10/01/97; 20.2.73.5 NMAC - Rn, 20 NMAC 2.73.104 02/18/02] 

[The latest effective date of any section in this Part is [-j ! 8, 3W]December,3 1. 2003.1 

20.2.73.7 DEFINITIONS: In addition to the terms defined in Part 2 [20.2.2 NMAC - Definitions], as used 

in this Part: 

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

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

convert for the purposes of control any air contaminant to another form, another chemical or anothe~; physical state. 

B. 7'Commencement" means that an owner or operator has undertaken a continuous program of 

construction or modification. 

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

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

D. "Emission report or inventorv" means a listing. bv source. of the amount of air pollutants 

dischareed into the atmosphere of a community. 

1. "Fugitive emissions" are those emissions which could not reasonably pass through a stack 

chimney, vent, or other functionally-equivalent opening. 

F[E7j. "Modification" means any physical change in, or change in the method of operation of, a 

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

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

include: 

(1) A change in ownership of the source; 

,-- (2) Routine maintenance, repair or replacement; 

(3) Installation of air pollution control equipment: and all related process equipment and materials 

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

pursuant to the federal Clean Air Act; or 

(4) Unless previously limited by enforceable permit conditions; 

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

capacity of the source; 

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

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

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

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

_G[F]. "Nonattainment Area" means, for any air pollutant, an area which has been designated as a 

nonattainment area under Section 107 of the Federal Act. 

BIG]. "Operator" means the person or persons responsible for the overall operation of a facility. 

j[H]. "Owner" means the person or persons who own a facility or part of a facility. 

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

Administrative Code, unless otherwise noted; as adopted or amended by the Board. 

_K[d]. "Portable stationary source" means a source which can be relocated to another operating site 

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

processing operations and asphalt plants. 

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

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

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

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

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

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

MIL]. "Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant *- under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit 

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

20.2.73 NMAC 
amoz;;t ~f mztefiz! cc=:bus?ed, stered, er ~B~C~CPSSP~, sha!! be treated as part of its design if the limitation is federally 

enforceable. The potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen. 

EIM]. "Regulated air contaminant" means[;] any air contaminant, the emission or ambient 

concentration of which is regulated pursuant to the New Mexico Air Quality Control Act or the Federal Act. 

QIN]. "Shutdown" means the cessation of operation of any air pollution control equipment, process 

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

I'[Q]. "Stationary source" or "source" means any building, structure, equipment, facility, installation 

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

contaminant. Any research facility may group its sources for the purpose of this Part at the discretion of the 

Secretary of the Department. 

0. "WEB source" means a stationary source that meets the a~vlicabilitv reauirements of 20.2.8 1 .lo1 

NMAC. 

R. "Western Backstop SO2 Trading Program" means 20.2.8 1 NMAC. triggered as a backstop in 

accordance with the provisions in the SO2 Milestones and Backstop Trading Program Implementation Plan. if 

necessarv. to ensure that regional SO2 emissions are reduced. 

[I 1/30/95, 10/01/97; 20.2.73.7 NMAC - Rn, 20 NMAC 2.73.107 & A, 02/18/02: A. 12/31/03] 

20.2.73.jpb EMISSION INVENTORY REQUIREMENTS: 

A. 

\ 

Applicability: The requirements of Section 300 this Part [20.2.73.300 NMAC] apply to the 

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

(1) Has been issued a permit under Part 72 [20.2.72 NMAC - Construction Permits] during any 

period of time, except for toxic air pollutant permits issued undefTart 72 [20:2.72 NMAC], Sections 401 to 499; or 

(2) Is required to file a Notice of Intent under Section 200 of this Part C20.2.73.200 NMAC] or 

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

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

1990. 

B. Reporting Requirements: 

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

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

organic compounds shall submit an emissions report annually. 

(2) Any source defined as a major source of hazardous air pollutants under Part 70 [20.2.70 NMAC - Operating Permits] shall submit an emissions report annually. 

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

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

annually. 

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

[20.2.73.300 NMAC] to submit an emission report shall submit an emissions report under this Part upon request by 

the Department, but no more frequently than annually. 

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

Department shall provide to the owner or operator required by this Section [20.2.73.300 hMAC] to submit an 

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

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

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

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

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

(7) Except as provided in Paragraph (8) of Subsection B of this Section [20.2.73.300 h'MAC] the 

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

an emission report. 

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

Operating Permit issued under Part 70 [20.2.70 NMAC - Operating Pennits] shall submit such report on that date. 

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

source. 

C. Content of Emissions Reports: Emissions report contents shall include: 

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

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

20.2.73 NMAC 2 
(3) 'A. certificltinn signed by tl?~ nw-er, or operator, or a responsible official as defined in Part 70 

[20.2.70 NMAC] attesting that the statements and information contained in the emissions report are true and 

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

of signature, and telephone number of the certifying official. For sources subject to Part 70 [20.2.70 NMAC], the 

certification shall be made as required under that Part; 

(4) Sinelters shall submit an annual report of su!h hput. in tonslvear: 

@[4]) For each emission point, as required by the Department: 

(a) Stack and exhaust gas parameters; 

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

(c) Schedule of operation; 

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

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

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

methods utilized to make such estimates, including calculations; 

(e) The mual process or fuel combustion rates; and 

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

&3[5]) All information required under the Federal Act. 

D. Additional Content for Emissions Reports from Sources in Ozone Nonaitainment Areas: 

Ev~ssions reports from sources located in ozone nonattainment areas shall include, in addition to the contents 

specified by Subsection C of this Section [20.2.73.300 NMAC], the following information: 

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

by the Department; and 

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

reported: 

(a) For each emissions point; and 

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

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

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

E. Waiver of Reporting Requirements For Insignificant Emissions:' The Department may waive 

the requirements of Paragraph (4) of Subsection C of this Section [20.2.73.300 NMAC] for emissions which the 

Department determines to be insignificant under Part 70 [20.2.70 NMAC], except that: 

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

nonattainment shall not be waived; 

(2) Reporting of emissions for which reporting is required under the Federal Act shall not be waived. 

F. Emission Tracking Requirements for Sulfur Dioxide Emission Inventories: All stationary 

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

anv subsequent vear. shall submit an annual inventow of sulfur dioxide emissions. beginnine with the 2003 

emissiofi inventorv. A source that meets these criteria that then emits less than 100 tons per year in a later vear shall 

submit a sulfur dioxide inventorv for tracking compliance with the regional sulfur dioxide milestones until the 

Western Backstop Sulfur Dioxide Trading Program has been fullv implemented and emission tracking has occurred 

under 20.2.81.106NMAC. 

(1) All WEB sources will be subiect to the following federallv enforceable provisions: 

(a) submit an annual inventorv of sulfur dioxide emissions: 

(b) document the emissions monitoringlestimation methodologv used. and demonstrate that 

the selected methodologv is acceptable under the inventorv Dropram; 

(c) include emissions fiom start un. shut down. and upset conditions in the annual total 

inventory; 

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

federal acid rain uroeram: 

(el maintain all records used in the calculation of the emissions. including but not limited to 

the following: 

(i) amount of fuel consumed. 

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

(iii) quantity of product monitoring data. 

(iv) emissions monitoring data. 

(v) operating data. and 

20.2.73 NMAC 
6) hr?~ the~misslcrrn are calculated: 

(n maintain records of any ~hvsical changes to facilitv operations or eaui~ment. or anv other 

changes that mav affect the emissions proiections: and 

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

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

whichever is longer. 

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

20 18 to ensure that changes in emissions monitoring techniaues can be tracked. 

[I 1130195, 10101/97; 2.20.73.300 NMAC - Rn, 20 NMAC 2.73.300 - 304 02/18/02; A. 1213 1/03] 

HISTORY OF 20.2.73 NMAC: 

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

public records - state records center and archives. 

EIBIAQCR 703.1, Air Quality Control Regulation 703.1 - Notice of Intent and Emissions Inventory Requirements, 

5129190. 

History of Repealed Material: [RESERVED] 

,I1 ! 

I Other ~ktory: 

ELBIAQCR 703.1, Air Quality Control Regulation 703.1 - Notice of Intent and Emissions Inventory Requirements, 

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

Notice of Intent and Emissions Inventory Requirements, filed 1013j0195. ' 

20 NMAC 2.73, Notice of Intent and Emissions Inventory Requirements, filed 10130195, was renumbered, 

reformatted, amended and replaced by 20.2.73 NMAC, Notice of Intent and Emissions Inventory Requirements, 

effective 0211 8102. 

20.2.73 NMAC 
ulna CT A TE OF NEW E'XEmCO W3.D Exhibit 2 

ENVIRONMENTAL IMPROVEMENT BOARD 

PETITION FOR HEARING ON 

PROPOSED 20.2.73 NOTICE OF INTENT 

AND EMISSION INVENTORY EIB 03-O8D 

DIRECT TESTIMONY OF MARY HILBERT 

LNTRODUCTION 

The Department is proposing to revise 20.2.73 NMAC, Notice of Intent and Emissions Inventory 

Requirements to ensure compliance with the emissions inventory requirements for the pre-trigger 

tracking set forth under 40 CFR 5 1.309; Exhibit 3. The federal Regional Haze Rule includes 

provjsions for tracking SO2 emissions that includes pre- and post-thigger inventories. 

The rule outlines declining SO2 emission targets for the region, with provisions to trigger a 

backstop, regulatory, emission trading program if thQse targets are not met. The underlying goal 

of ths backstop program is to rely on other regulatory requirements and voluntary measures, and 

the ability of western SO2 sources to plan for necessary capital expenditures through their longterm business plans. A critical element of this plan is the ability to track emission changes over 

time to ensure that the regional targets have been met, and to determine whether the backstop 

trading program has been triggered. 

The tracking system has different functions prior to the program trigger and after the trading 

program is in place. Prior to the program trigger, it is important to measure progress over time, 

and to ensure that the underlying goals are being met. During this period of time, it is most 

important to track changes, and to ensure that the effects of new monitoring techniques are 

addressed so that only real emission changes are measured. 

After the program has been triggered, the focus shifts to compliance for individual sources, and 

the assurance that a ton equals a ton. In this second phase, fixed monitoring protocols become 

important to ensure that a ton reduction from one source equals a ton reduction from another 

source. 

In order to comply with pre-trigger tracking of regional SO2 emissions required by the federal 

regional haze rule, we are proposing the addition of Section F (Emission Tracking Requirements 

for Sulfur Dioxide Emission Inventories). 

Currently, sources in New Mexico that emit 100 tons or more of sulfur oxides are subject to 

20.2.73 NMAC and are required to submit annual reports to the Air Quality Bureau. Proposed 

Section F, Emission Traclung Requirements for Sulfur Dioxide Emission Inventories would 

include some additional requirements for these sources in order to compile an annual report with 

the details necessary for the state to make an informed decision on the amount of sulfur dioxide 

that has been emitted from facilities in New Mexico. 
rpt: 

I US ilif~~~tkiii will be shared with cther stztttes in the Eu!fix Dioxide Backstop Trading 

Program and a collective report compiled to determine if regional emissions exceed the 

milestone limitations. The Regional Haze Rule requires all states participating in the program to 

adhere to specific monitoring requirements to provide consistent information to track regional 

emissions. 

To revise the inventory rule we propose that three new definitions be included in 20.2.73.7 . 

NMAC. Definitions for "Emission report or inventory", "Web source" and "Western Backstop 

SO2 Trading Program" are all proposed to be included in 20.2.73 NMAC. 

Emissions report or inventory means a listing, by source, of the amount of air pollutants 

discharged into the atmosphere of a community. 

Web source means a stationary source that meets the applicability requirements of 20.2.81.101 

NMAC. 20.2.81 .lo1 is the applicability section of the proposed Western Backstop Trading 

Program rule. This definition would apply to these sources: 

1. All BART-eligible sources as defined in 40 CFR 5 1.301 that are BART-eligible due to 

SO2 emissions. The "best available retrofit requirement" or BART requirement applies to 

facilities built between 1962 and 1977 that have a potential to emit more than 250 tons a 

year of visibility-impairing pollution. 

2. All stationary sources not meeting the criteria of Paragraph 1 of Subsection B of 

20.2.8 1.101 NMAC, that have actual SO2 emissions of 100 tons or more per year in the 

Program Trigger Years or any subsequent year. The fugitive emissions of a stationary 

source shall not be considered in determining whether it is a WEB source unless the 

source belongs to one of the following categories of stationary source: 

Coal cleaning plants (with thermal dryers); 

Krafi pulp mills; 

Portland cement plants; 

Primary zinc smelters; 

Iron and steel mills; 

Primary aluminum ore reduction plants; 

Primary copper smelters; 

Municipal incinerators capable of charging more than 250 tons of refuse per day; 

Hydrofluoric, sulfuric, or nitric acid plants; 

Petroleum refineries; 

Lime plants; 

Phosphate rock processing plants; 

Coke oven batteries; 

Sulfur recovery plants; 

Carbon black plants (furnace process); 

Primary lead smelters; 

Fuel conversion plants 

Sintering plants; 

Secondary metal production plants; 

Chemical process plants; 
Fossi!-fbeI boilers (or co=t;inztlon &eresf) tztalizg more thm 250 million British 

thermal units per hour heat input; 

Petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels; 

Taconite ore processing plants; 

Glass fiber processing plants; 

Charcoal production plants; 

Fossil-fuel-fired steam electric plants of more than 250 million British thermal 

units per hour heat input; or 

3. Any other stationary source category, which as of August 7, 1980 is being regulated 

under Section 1 1 1 or 1 12 of the Clean Air Act. 

4. A new source that begins operation after the Program Trigger Date and has the potential 

to emit 100 tons or more of SO2 per year. 

Western Backstop Trading Program refers to proposed rule 20.2.81 NMAC, triggered as a 

backstop in accordance with the provisions in SO2 Milestone and Backstop Trading Program 

Implementation Plan, if necessary to ensure that regional SO2 emissions are reduced. 

In 20.2.73.300 Emission Inventory Requirements, we propose to add the requirement for 

smelters to submit an mual report of sulfur input, in tonslper year. 

The proposed revisions found in Section F include requirements for sources that emit or have the 

potential to emit 100 tons or more per year of sulfur oxides to submit annual reports of SO2 

emissions. Revisions to the rule would require smelters to submit the sulfur input in tons per 

year and indicate the percent sulfur content of fuel and how the content was determined. Sources 

subject to the federal acid rain program are required to use 40 CFR Part 75 methodologies for 

reporting emissions. 

All subject sources will be required to retain records for a minimum of ten years from the date of 

establishment, or if the record was the basis for an adjustment to the milestone, five years after 

the date of an implementation plan revision, whichever is longer. 

The Air Quality Bureau will also be required to retain emission inventory records for nonutilities for 1996 and 1998 until the year 2018 to ensure that changes in emission monitoring 

strategies can be tracked. 

These additional requirements are a necessary part of the strategies needed to comply with the 

regional haze rule. The annual SO2 emission reports will be used by WRAP to compile a 

regional report to establish whether SOz milestones have been met or exceeded. 

All states submitting a SLP under Section 309 of the Regional Haze Rule will adopt virtually 

identical emission inventory requirements. It is critical that states track emissions in the same 

way so that it will be simple to determine whether the milestones for SO2 have been exceeded. 

This is an essential piece of the stationary source program for the SIP. 
http://ecfil. access. v~otc~cfiiotfilter.cgi?DE=l &ACTION= ... __ __ - 

THIS DATA CUJNT AS OF TEiE FEDEN REGISTER DATED NOVEMBER 3: 2003 

40 CFR - CHAPTER I - PART 51 

View Pat 

,I,. : 

8 51.30#'~e~uirernents related to the Grand Canyon Visibility ~rkns~ort Cornmission. 

(a) F%at is thepurpose of this section? This section establishes the requirements for the first regional 

hue implementation plan to address regional haze visibgity impiim-ent in the 16 Class I areas covered 

by the Grand Canyon Visibility Transport Commission Report. For the years 2003 to 20 18, certzin States 

(defined in paragraph (b) of this section as Transport Region States) may choose to implement the , 

Commission's recom.iendations within the framework of the national regional haze program and 

qplicable requirements of the Act by complying with the provisions of this section, as supplemented by 

rn approvable Araex to the Commission Report as required by paragraph (f) of this section. If a 

trmsport region State submits an implementation plan which is approved by EPA as meeting the 

requirements of this section, it will be deemed to comply with the requirements for reasonable progress 

fo; the period from approval of the plan to 20 1 8. 

(b) Definitions. For the purposes of this section: 

(1) 16 Class Iareas means the following mandatory Class I Federal areas on-the Colorado Plateau: 

Grand Canyon National Park, Sycamore Canyon Wilderness, Petrified Forest National Park, Mount 

Baldy Wilderness, San Pedro Parks Wilderness, Mesa Verde National Park, Weminuche Wilderness, 

Black Canyon of the Gunnison Wildemess, West Elk Wilderness, Maroon Eells Wilderness, Flat Tops 

Wilderness, Arches National Park, Canyonlands National Park, Capital Reef National Park, Bryce 

Canyon National Park. and Zion National Park. 

(2) Transport Region State means one of the States that is included within the Transport Region 

addressed by the GraTid Canyon Visibility Transport Commission (,Arizona, Cdifonia, Colorado, Idaho, 

Nevada, New Mexico; Oregon, Utah, and Wyoming). 

(2) Commission Report means the report of the Grand Canyon Visibility Transport Commission entitled 

"Recommendations for Improving Western Vistas," dated June 10, 1996. 

(4) -Fire means wildfire, wildland fire (including prescribed natural fire), prescribed fire, and agricultural 

bdg conducted md occuning on Federal, State, and private wildlands and farmlands. 

(5) Milestone means the maximum level of annual regional sulfur dioxide emissions for a given year, 

assessed annually consistent with paragraph (h)(2) of this section beginning in the year 2003. 
<ode-og-FeZed Regulations SearchResults . 

(6) Mobile Source Emission Budget meas the lowest level of VOC, NOX, 502 elmentd and orgai3c 

carbon_: and he q&Gcles which are projected to occur in any xea within the transport region from 

which nobiie source missions ae detemied to contribute sigificamiy to tPisibiiiry impa-hent in my 

ofthe 16 Class I areas. 

(7) Geo,ovaphSc enhancernent means a liiethod: procedure, or process to dlow a broad regiond strategy, 

such as a milestone or backstop market trading progar- designed to achieve greater reasonable progress 

than EPXT for regional haze, to accommodate BART for reasonably atrributable impairment. ' 

(8) Base year means the year, generally a year between 1996 and 1998, for which data for a source 

included within the program were used by the W to calculate base year e~ilissions as a starting point 

for development of the Annex required by paragraph (f) of this section. .. 

, (9) Forecast rnerns the process used by the \;tW to predict future eArJissions for purposes of 

develdping the milestones required by paragraph (f) of 'hs section. 

(10) Reforecast means a co~ected fmecast, based upon reapplicatioo of the forecastiig process after 

, correction of base year emissions estimates. 

(1 1) BKP Sun Manuel means: 

(i) The copper smelter located in San Manuel, Arizona which operated during 1990, but whose 

operations were suspended during the year 2000, 

(ii) The same smelter in the event of a change of name or ownership. 

(12) Phelps Dodge Hidalgo means: 

(i) The copper smelter located in Hidalgo, New Mexico which operated during 1,990, but whose 

operztions were suspended during the year 2000, 

(ii) The same smelter in the event of a chw~ge of nane oi ownership. 

(13) Eligible renewable energy resource, for purposes of 40 CFR 51.309, neans electricity generated by . non-nuclezr and non-fossil low or no air emission technologies. 

(c) ImpIementation Pian Schedule. Eacn Transport Region State may meet the reauirements of 

$ 5 1.308(b) throug?~ (e) by submitting an imphentation plan that complies with the requirements of 

'this section. Each Transport Region State must submit ai~ implementation plan addressing regional haze 

visibilig impairment in the 16 class I sreas no later than ~eiember 3 1 , 2003. Indian Tribes may subriit 

i~plenentztion plans after the December 3 1,2003 deadline. A Transport Region State that does not 

s~brnit an implementation plan that complies with the requirenents of this section (or whose pian does 

not comply with all of the requirements of this section) is subject to the requirements of $ 51 308 in the 

same manner and to the same extent as any State not included within the Transport Region. 

(d) Requirements of theJirst implementation plan for States electing to adopt all of the recommendaiions 

of the Commission Report. Except as provided for in paragraph (e) of ths section, each Transport 

Region Sta~e must submit an implementation plan that meets the following requirenents: 

(1) Time period covered. ne inplementzition pla must be efYective for the entire tie period between 

naAe-k- 21 9nn2 nom-t.- 21 qni Q '+-!I 
-&IE ofFederal-Regulations Search Results 

(2) Projeciian of visibiliv improvement. For each of the 16 mandatory Class I areas located within the 

'Ti-& Region St&e, the plan ~ust include a piojecticn ofthe improvane~t in visibility conditions 

r (expressed in deciviews, and in any zdditional ambient visibility mebics deemed appropriate by the 

State) expected through the year 201 8 for the most impaired and least impaired days, based on the 

implementation of all measures as required in the Commission report and the provisions in this section. 

The projection must be made in consultation with other Transport Region States with sources which may 

be reasonably anticipated to contribute to visibility impairment in the relevant Class I area. The 

projection nay be based on a satisfactory regional analysis. 

(3) Treatment of clean-air corridors. The plan must describe and provide for implementztion of 

comprehensive emission traclung strategies for clean-air corridors to ensure that the visibility does not 

degrade on the 'least-impaired days at any of the 16 Class I areas. The strategy must include: 

(i) &I identification of clean-air corridors. The EPA will evaluate the State's identification of such 

corridors based upon the re~orts of the Commission's Meteorology Subcommittee and my future ~pdates 

by a suq,cessor , . organizztion; .I I i I 

(ii) With areas that are clean-air corridors, an identification of patterns of growth or specific sites of 

gowth that could cmse, or are causing, si-gnificant emissions increases that could have, or xe Caving, 

visibility impakment at one ormore of the 16 Class I areas. 

I 

(iii) In areas outside of clean-air coridors, an identification of significant emissions growth that could 

begin, or is beghing, to impair the quality of air in the corridor and thereby lead to visibility 

degradation for the least-impaired days in one or more of the 1 6 Class I areas. 

f? (iv) If impairment of air quality in clean air comdors is identified pursuant to paragraphs (d)(3)(ii) and 

(iii) of this section, an malysis of the effects of increased emissions: including provisions for the 

identification of the need for additional emission reductions measures, and implementation of the 

additional measures where necessary. 

(v) A determination of whether other clean air comdors exist for any of the 16 Class I areas. For any 

such clean air comdors, an identification of the necessajmeasures to protect against future degradation 

of air-quality in of the 16 Class I areas. 

(4) Implementation of stationa~y source reductions. The first implementation plm submission must 

hclude: 

(i) Sulh dioxide milestones consistent with paragraph (h)(l) of this section. 

(ii) Monitoring and reporting of sul~Su dioxide emissions. The plan submission must include provisions 

requiiig the annual monitoring and reporting of actual stationary source sulfur dioxide emissions within 

the State. The monitoring and reporting data must be sufficient TO determine whether a 13 percent 

reduction ir? actual emissions has occurred between the years 1990 and 2000, and for determining 

annually whether the milestone for each year between 2003 and 201 8 is exceeded, consistent with 

paragraph @I) (2) of this section. The plan submission must provide for reporting of these dzta by the 

State to fhe AOlniilistrator and to the regional planning organization consistent with parzgraph @)(2) of 

this section. 

r (iii) Criteria and Procedures for a Maiket Trading Program. The plan must include the criteria and 

procedures for activating a market trading program consistent with paragraphs @)(3) and (h)(4) of th~s 

section. The plan must also provide for implementation plan assessments of the program ix~ the years 
)de-of-EederaLRe-datiolls Search Results 

2008,2013, and 2018. 

(iv) Provisions for rnsrket tiading propan complimce repodg consistent wih pxagragh Q(4) of ibis 

section. 

+-! (v) Provisions for stationary source NOX and PM. The plan submission must include a report whch 

sssesses emissions control strategies for stationary source NOX and PM, and the degree of visibility 

improvement that would result from such stme@es. In the report, the State mdst evaluate and discuss 

the need to establish emission inilestones for NOX and FM to avoid any net increae in these pollutants 

from stationary sources within the transport region, and to support potential futue development and 

implementation of a rnultipollutant and possibly rnultisource market-based progm. The plan 

submission must provide for an implementation plan revision, containing any necessary long-tan 

strateges and B!J?.T requirements for stationary source PM and NOX (including enforceable 

, limitations, compliance schedules, and other measures) by no later than December 3 1, 2008. 

(5) Mobile sources. The plan submission must provide for: 

(i) Statewide inventories of current annual emissions and projected hture mud emissiocs of VOC: 

#NOX, S02, elemental carbon, organic carbon, and fine particles from mobile sources for the years 2003 

to 2018. T'he future year inventories must include projections for the year 2005, or an alternative year - 

that is determined by the State to represent the year during which mobile source emissions will be at 

their lowest levels withm the State. 

(ii) A determination whether mobile source emissions in any areas of the State contribute si@ficmt!y to 

visibility impairment io any of the 16 Class I Aieas, based on the statewide inventory of current ad 

projected mobile source emissions. 

(iii) For States with areas in which mobile source emissions sre found to contribute si@ficantly to 

visibility impaiment in any of the 16 Class I areas: 

(A) The establishment and documentation of a mobile source emissions budget for my such area, 

i~cluding provisions requiring the State to restfict the annual VOC: NOX, S02, elemental mci organic 

carbon, and/or fine particle mobile source emissions to heir projected lowest levels, to implement 

measures to achieve the budget or cap, and to demonstrate compliance with the budget. 

(B) Pa emission tracking systm providing for rc?orting of annual mobile source emissions from the 

State in the periodic implenentztion plm revisions requiTed by puzg~zph (d)(10) of this section.'The 

enission tracking system must be sufficient to determine the States' contribution toward the 

Commission's objective of reducing euissio~ls fiom mobile sources by 2005 or an alternate year thzt is 

detemined by the State to represent the year during which mobile source emissions will be at their 

lowest levels witkin the State, md to ensure that mobile source emissions do not increase thereafter. 

(iv) Interim re7orts to EPA and the public iz yeais 2003, 2008,2013, md 201 8 on tie impleae~tztion 

status of the regional and local strategies recommended by the Comnnission Report to address olobile 

source emissions. 

(6) Programs related tofire. The plu m~st provide for: 

(i) Documentation that all Federal, State, and private presciibed fire programs withm the State evaluate 

and address the degree visibility impairment from smoke in their planning and ayplicstio~i. In addition 

the plan must include smoke management programs that include dl necessary comyonents including, but -9 
~Codt -0LEederal3egdarions Search Result 9 - 

not limited to, actions to minimize emissions, evaluation of smoke dispersion, alternatives to 6-e, p~blic 

notificatioo. air quality monitoring surveillance ad enforcement, and pro gam evaluation. 

(ii) A statewide inventory and emissions trackkg system (spatial and temporal) of VOC, NOX, 

elemental and organic carbon, and fine particle emissions fiom 6re. In reporting and tacking emissions 

liom fire from within the State, States nay use infomation fiom regional dzta-gathering and tracking 

initiatives. 

(iii) Identification and removal wherever feasible of any adiiinistrative barriers to the use 02 alt~em~tives 

to burning in Federal, State, and private prescribed fire programs within the State. 

(iv) ~nhkced smoke management programs for fire that consider visibility effects, not only health md 

nuisance objectives, and that are based on the criteria of efficiency; economics, law, emission reduction 

~opportunities, land management objectives, and reduction of visibility impact. 

(v) Establishment of emission goals for fire, excluding wildfire, that will miniinize emissiori 

increases from fire to the maximum extent fcasible and that aie established in cooperatior? with Stztes, 

bfbes, Federal land management agencies, and private entities. 

(7) drec sources of dust emissionsfi-om paved and unpaved roads. The plan must inciude an assessment 

of the impact of dust emissions from paved and unpaved roads on visibility conditions in the 16 Class I 

Areas. If such dust emissions are determined to be a significant contributor to visibility impairment in 

the 16 Class I areas, the State must implement emissions management strategies to address the impact as 

necessary and appropriate. 

(8) Pollution prevention. The plan must provide for: 

(ij An initial sinmay of all pollution prevention programs currently in place, an inventory of 211 

renewable energy generation capacity and production in use, or planned as of the year 2002 (expressed in 

megaw~tts ad megawatt-hours), the total energy generation capacity and production for the State, the 

percent of the total that is renewable energy, and the State's anticipated contribution toward the 

renewable energy goals for 2005 and 2015, as provided in paragraph (d)(8)(vi) of this section. 

(ii) Programs to provide incentives that reward efYorts that go beyond compliance and/or achieve early 

compliance with air-pollution related requirements. 

(iii) Programs to preserve and expand energy conservation efforts. 

(iv) The identification of specific aieas where renewable energ has the potential to sapply power where 

it is now lacking and where renewable exergy is most cost-effective. 

(v) Projections of the short- ad long-tern emissions reductions, visibility improvements, cost savings, 

and seconday benefits associated with the renewable energy goals, energy efficiency and pollution 

prevention activities. 

(vi) A descr;lption of the progams relied on to achieve the State's contribution toward the Commission's 

goal that renewable energy will comprise 10 percent of the regional power needs by 2005 and 20 percent 

by 2015, and a demonstration of the progress toward achievement of the renewable energy goals in the 

years 2003,2008, 2013, ad 201 8. This description must include documentation of the potential for 

renewable er;era resources, the percentage of renewable energy associated with new power generation 

projects unplemented or planned, and the renewable energy generation capacity and production in use 
odeo-f-~ederal~egdations Search Results 

and planned in the State.. To the extent that it is not feasible for a State to meet its contribution to the 

regional re~ewable enerp goals? the State must identify in the progress reports the measures 

hplemented to achieve its contiibution and ex2lai.n why meeting the Staters contribution was not 

feasible. 

(9) Implementation o/addit;onaI recommendations. The plan must provide for implementation of all 

other recommendations in the Cornmission report thzt can be practicably included as enfoicezble 

emission limits, schedules of compliance, or other enforceable measures (including economic incentives) 

to make reasonable progress toward remedying existing and preventing future regional hue in the 16 

Class I areas. The State must provide a repert to EPA and the public in 2003,2008,201 3: and 2018 on 

the progress toward developing and implementing policy or strategy options recommended in the 

Conmission Report. 

(10) Periodic implementation plan revisions. Each Transport Region State must submit to +he 

Administrator periodic reports in the years 2008,20 13, id 20 16 The progress reports must be iri the 

form of implenentation plan revisions that comply with the procedual requirements of 6 5 1 .I 02 and 

(i) The report will assess the area for reasonable progress as provided h this section for mandatory Class 

I Federal area(s) located within the State and for mandatory Class I Federal area(s) located outside the 

State which may be affected by emissions fiom within the, hate. &s demonstration may be based on 

assessments conducted by the States and/or a regional planning body. The progress reports must contain 

at a minimum the following elements: 

(A) A description of the ststxs of implementation of all measures included in the implementation plm 

for achieving reasonzble progress goals for mand~tory Class I Federal areas both within and outside the 

State. 

(B) A summaiy of the emissions reductions schieved throughout the State through implementation of the 

measures described in paragraph (d)(l O)(i)(A) of this section. 

(C) For each mandatory Class 1 Federal area within the State, m assessment of the following the current 

visibility conditions for the most impaired and least impaired days; the difference between current 

visibility conditions for the most impked and least impaired days and baseline visibility conditions; the 

change in visibility impsliiment for the inost impaired and least impaired days over the past 5 years. 

(I>) An aalysis tracking the change over the past 5 yeas in emissions of pollutants contributing to 

visibility irnp~ent fiom all sources and activities within the State. Emissions chmges should be 

identified by type of source or activity. The analysis must be based on the most recent updated emissions 

inventory, with estimates projected fomasd as necessary and appropriate, to account for emissions 

changes during the applicable 5-year period. 

(E) An assessinezt of my sigriiicant changes in anthropogenic emissions with or outside the Stzte fhzt 

have occmed over the past 5 years that have limited or impeded progress in reducing pollutant 

emissions and improving visibility. 

(F) h assesssxeat of whether 'he cmeat implementatiori plan elements md strategies zre sufficieot to 

enable fie State, or other States with mandatory Federal Class I areas affected by emissions from the 

State, to meet d1 est~biblished reasonable progress goals. 

(G) A review of the State's visibility monitoring strategy and any modifications to the strategy as 
- Gedeof Eederal-Regdado% Search Resuirr 

necessary. 

(ii) At the same tie the State is required to submit any 5-year progress report to EPA in accoraance 

withparagaph (d)(IO)(i) of this section, the State must also take one of the following actions based upon 

the information presented in the propess report: 

(A) If the State determines that the existing implementation plan requires no further substantive revisior; 

zt fhs time in order to achieve established goals for visibility improvement and emissions reductions, the 

State must provide to the Administiator a negative declaration that further revision of the existing 

implementation plan is not needed at this time. 

(B) If the State determines that the implementation plan is or may be inadequate to ensure reasonable 

progress due to emissions fiom sources in another State(s) which participated in a regional planning 

process, the State must provide notification to the Administrator and to the other State(s) which 

participated in the regional p1a11.n~~ process with the States. The State must also collaborate with the 

other St,pt~(s) through the regional planning process for the purpose of developing zdditional strzteGes to 

address&e plan's deficiencies. \ 

(C) Where the State determines that the implementation plan is or may be inadequzi~e to ensure 

reasonable progress due to emissions fiom sources in another county, the State shall provide 

notification, along with available information, to the ~dhistrator. 

(D) Where the State detemines that the implementation plan is or may be inadequate to ensure 

reasonable progress due to emissions fiom within the State, the State shall develop additional strategies 

to address the plan deficiencies and revise the implementation plan no later than one year fiom the date 

that the progress report was due. 

(1 1) State planning and interstate coordination. L-J, complying with the requirements of hs section, 

States may include emission reductions strategies that are based on coordinated implementation with 

other States. Examples of these strategies include economic incentive programs and transboundary 

emissions trading programs. The implementation plan must include documentation of the technical and 

policy basis for the individual State apportionment (or the procedures for apportionment throughout the 

trans-boundary region), the contribution addressed by the State's plan, how it coordinates with other 

State plans, and compliance with any other appropriate implementation plan approvability criteria. States 

may rely on the relevant technical, policy and other analyses developed by a regional entity (such as the 

Westerii Regicilal Air PartaersEip) iri ?>roviding such dccumentztion. Co~verse!y, States may elect to 

develop their own programs without relying on work products from a regional entity. 

(12) Tribal implementation. Consistent with 40 CFR Pait 49, tribes within the Transport Region mzy 

implement the required visibility progas for the 16 Class I areas, in the same manner as.~tates: . 

regardless of whether such tribes have pmticipated as members of a visibility transport commission. 

(e) States electi'ii not to implemezt the commission recommendations. bay TrmspoTi Regon State may 

elect not to implement the Commission recommendations set forth in paragraph (d) cf rhis sectior;. Such 

St~tes are required to comply with the 'helines and requirements of $ 5 1.308. Any Tiamport Region 

State electing not to implernent the Conmission recommendations must advise the other States in the 

Transport Regon of the nature ofthe prosam and the effect of the program on visibility-imp-g 

emissions, so that other States can take this information into account in developing programs under this 

section. 

(f) Annex to the Commission Report. (1) A Transport Region State may choose to comply with the 
ocie-cf Ee-d-erd _Readations Search Results a 

provisions of 'this section and by doing so shall satisf$-the requirements of § 51.308(b) through (e) only 

if the Grand Caqor Visibility Transport Commission (or a regional planning body fcmed to implement 

the Commission recommendations) submits a saiisfactory annex to the Commission Report no iater tha 

October 1,2000. To be satisfactory, the Annex must contain the follow-ing elemeats: ? 

(i) The annex must ~oili~ qumtiiative ~E~SS~OES milestones for stationary source sulfur dioxide 

emissions for the reporting years 2003,2008, 2013 and 2018. The milestones must provide for steady 

and continuing emissions reductions for the 2003-2018 time period consistent 'kirh the Commission's 

dehtion of reasonable progress, its goal of 50 to 70 percent reduction in sull'ur dioxide emissions from 

1990 acha.1 emission levels by 2040, applicable requirements under the CAA, and the timing of 

Liplementation plan assessments of progress and identification of deficiencies which will be due in the 

years 20085 2013, and 201 8. The milestones must be shown to provide for greater reasonable progress , 

than would be acheved by application of best available retrofit technology (BART) pursuant to 

, 5 5 1.308(e)(2) md would be approvable in lieu of BART. 

(ii) The annex must contain documentation of the market trading prosam or other progrsims to be 

implemented pursuant to paragraph (d)(4) of his section if current programs and volytary measures are 

not sufficient to meet the required emission reduction milestones. This documentstion must include 

model rules, memoranda of understanding, and other documentation describbg in detd how exission 

reduction progress will be monitored: what conditions will require the mm-ket trading program to be 

activated, how alloczitions will be perforned, and hcw the program will operate. 

(2) The Commission may elect, at the same time it submits the annex, to make recommendations 

intended to demonstrate reasonable progess for other mandatory Class I areas (beyond the onugim! 16) 

within the Transport Reg-ion States, including the technical and policy justification for these additional 

mandatory Class I Federal areas in accordance with the provisions of parzigraph (g) of this section. 

(3) The EPA will publish the aex ugon receipt. If EPA hds that the mex meets the requirements of 

paragraph (Q(1) of this section and assures reasonable progress: then, after public notice and comment: 

EFA will amend the requirements of this section to incorporate the provisiom of the amex. If EPA finds 

that the amex does notmeet the requirements of (f)(l) of this section, or does not assme 

reascnable progress, or if EPA finds that the annex is not received, then each Transport Region State 

.must submit &implementation plan for regional hxze meeting all of the requirements of 5 5 1 -3 08. 

(4) In accordance with the provisions under paragraph (f)(l) of ';his section, the m-ex may include a 

- oeographc enhancement to the program proticied for ia paisgzph (d)(4) of this section to adbess the 

requirement under 5 51.302(c) re!zited to Best Available Retrofit Technolojg for reasonably attributable 

inpdent from the poliutmts covered by the rilestones or the backstop market trading propam. The 

geographic enhancement progran may include an zppropriate level of reasonably attributable 

inpaimeni which may require additional emission reductions over above those achieved under rhe 

milestones defies in paragraph (f)(l)(i) of this section. 

(g) Additional Class 1 oreas. Tne foxowing submiiiais must be made by Tramport Region Siztes 

iniplementing the provisions of this section as the basis for demonstrating reasonable progress for 

addirional Class I areas in the Trans~orr Region States. If a Transport Regon State submits an 

implementation plm which is approved by EPA as meeting the requirements of this section, it will be 

deemed to comply with the requirements for reasonable progess for the period from approval of the plm 

to 2018. 

(I) In the plan submitted for the 16 Class I areas no lzter than December 3 1; 2003, a declxation . . 

indicating whether other Class I areas will be addressed under 8 5 1.3 08 or paragraphs (g)(2) and (3) of . . 
.- -- Code~f Federal Re-dations Search Resd 

this section. 

(2) In a plan submitted no later than Decexnber 31,2008, provide a demoktiation of expected visibility 

condidons for the most impaired and least impaired days at the additiooal mandatory Class 1 Fedad 

area(s) based on emissions projections tiom the long-term strategies in the implementation plan. This 

denonstration may be based oil assessments conducted by the States ador a regional plaming body. 

(3) In a plan submitted no later than December 3 1,2008, provide revisioos'to the plan subiitted under 

paragraph (c) of this section; including provisions to establish reasonable'progess pals and implement 

my additional measures necessary to demonstrate reasonable progress for the additional madatory . 

Federal,,Class I areas. These revisions must comply with the provisions of 5 5 1.308(d)(l) through (4). 

(4) The following provisions apply for Transport Region States establishng reasonable progress goals 

and adopting any additiooal measures for Class I areas other than the 16 Class I areas ~der paagraphs 

(g)(2) and (3) of this section. 

(i) In developing long-term strategies pusuant to 8 5 1.308(d)(3), the State nay build upon the strategies 

implemented under paragraph (d) of this section: and take full credit for the visibility improvexne~i 

' achieved through these strategies. 

(ii) The requirement under 5 51.308(e) related to Best Available Retrofit Technology for regonal haze 

is deemed to be satisfied for pollutants addressed by the milestones and backstop trading progam if, ~II 

establishing the emission reductions milestones under paragraph (0 of tbs section, it is shown that 

greater reasonable progress will be achieved for these Class I areas than would be achieved through the 

application of source-specific BART emission limitations under 5 51.308(e)(l). 

r (iii) The Transport Region State may consider whether any strategies necessary to achieve the reasonable 

progress go'als required by paragraph (g)(3) of tkis section are incompatible with the strategies 

implemented under paragraph (d) of this section to th'e extent the State adequately demonstrates that the 

incomp~tibility is related to the costs of the complimce, the time necessary for compliance, the energy 

and no air quality environmental impacts of compliance, or the remaining useful life of any existing 

source subject to such requirements. 

Q Emissions Reduction Program for Major Industrial Sources of Sulfur Dioxide. The first 

implemekation plan submission must include a stationary source emissions reductions program for 

major ind~s~ial sources of sulfur dioxide that meets the following requirements: 

(1) Regiona2 szlIfur dioxide milestones. The plan must include the milestones in Table 1: and provide for 

the adjusiments in paragaphs @)(l)(i) through (iv) of this section. Table 1 follows: 

Tzble 1-Sulfur Dioxide Emissions Milestones ........................................................................ 

Column 1 Column 2 Column 3 Colunn 4 

. . . if BHP San 

Manuel and 

Phelps Dodge 

Hidalgo resume 

For the year . . . operation, the 

mzximum regional 

sulfur dioxide 

milestone is . . 

. . . if neither 

BIiP San Manuel 

nor Phelps Dodge 

Hidalgo resumes 

operation, the 

minimum regional 

sulfur dicxide 

milestone is . . 

. . . and the 

emission 

inventories for 

these years will 

de t e mine 

whet her 

emissions are 

greater than or 

less tha the 

miles tone : 

----------------- 
. . 

. . :~&-0fXlede~d Regulations Scxch R_e.splts. - ... http:!!ecfil..access~~o. ........... cgi?~f3=l &~cTIoN=..: . .- .- __ __ . . 

2018 ........ :..... 

Each year after 

201e. 

720,000 tons.. .. 720,000 tons.. .. 

720,000 tons.. .. 

720,000 tons.. .. 

720,000 tons.. .. 

718,333 tons .... 

716,667 tons.. .. 

715,000 tons .... 

715,000 tons .... 

715,000 tons .... 

695,000 tons .... 

682,000 tons.... 

682,000 tons.. .. 

682,000 tons .... 

6E2,000 tons.. .. 

682,000 tons .... 

680,333 tons. . :. 

678,667 tons. ... 

677,000 tons. ... 

677,000 tons. ., . . 

677,000 tons. ... 

659,667 tons. ... 

675,000 tons .... 642,333 tons .... 

655,000 tons.. .. 625,000 tons.. .. 

655,000 tons.. .. 625,000 tons.. .. I I 

655,000 tons .... 625,000 tods .... 

510,000 tons.. .. 480,000 tons.. .. no more thvl no more than 

510,000 tons 480,000 tons 

unless the unless the 

milestones are milestones are 

replaced with a replaced with a 

different different 

program that program that 

meets any BART meets any BART 

and reasonzble and reasonzble 

progress progress 

requirements requirements 

established in established in 

5 51.309. 5 51.309. 

2003. 

Average of 2003 

and 2004. 

Average of 2003, 

2004 and 2005. 

Average of 2004, 

2005 and ,2006. 

Piverage of 2005, 

2006 and 2007. 

Average or' 2006, 

2007 and 2008. 

Average of 2007, 

2008 and 2009. 

Average.of 2008, 

2009 end 2010. 

Average of 2009, 

2010 and 2011. 

Average of 2010, 

2011 and 2012. 

Average of 2011, 

2012 aid 2013. 

Aver'gge of 2012, 

201t end 2014. 

Average of 2 013, 

20.14 and 2015.. 

Average of 2014, 

. 2015 and 2016. 

Average of 2015, 

2016 and 2017. 

Year 2018 only. 

3 -year average 

of the year and 

the two 

previous years, 

or any 

alternative 

provided in aEy 

future plan 

revisions under 

5 

51.308(f). . 

(i) Adjustment for Ststes and Tlibes Which Choose Not to Participzte in the Program, and for Tribes that 

opt into the program after the 2003 deadline. If a State or Tribe chooses not to submit an implementstion 

p1.m under the option provided in 5 5 1.309, or if EPA has not approved a State or Tribe's 

implementation plan by the date of the drafi determination required by 5 51.309(h)(3)(ii), the mounts 

for that State or Tribe w-hch are listed in Table 2 must be subtracted fiom the milestones thzit =e 

included in the ;Jilplementation plms for the ~ern~~g Si~tes and Tribes. For Tribes that opt into the 

progm afier 2003, the mounts in Table 2 or 4 will be autom~tically added to the milestones that are 

included in the implementation plans for the participating States and Tribes, beghming with the fiirst year 

after the tribal implementation plan implementing 5 5 1.309 is approved by the Administrator. The 

amounts listed in Table 2 are for purposes of adjusting the rniiestones only: and they do not represe~t 

mounts that must be allocated under any future trading program. Table 2 follows: 

Table 2-Amou~~ts Subtracted From the Milestones for States and Tribes Whic -------------------------------------------------------------------------------------- 

State or tribe 2003 2004 -------------------------------------------------------------------------------------- 
.~Code~ofEederalRe&~~o~ Search Result 9 -- 

1. Arizona ....................................................... 117,372 117,372 

2. California ................................................... 37,343 37,343 

3. Zolcrado ..................................................... 98,897 98,@97 p 4. Idaho ......................................................... 18,016 18,016 

5. Nevada ........................................................ 20,187 20,187 

6. New Mexico .................................................... S4,624 e4,624 . 

7. Oregon ......................................................... 26,268 26,26E 

8. Utah 42,782 42,784 ......................................................... 9. Wyoming ...................................................... 155,858, 155,85E 

10. Navajo Nation ................................................ 53,147 53,147 

11. Shoshone-Ba~nnock Tribe of the Fort Hall Reservation .......... 4,994. 4,994 

12. Ute Indian Tribe of the Uintahand Ouray Reservation ......... 1,125 1,125 

13. Wind River Reservation ...................................... 1,384 1,384 

11' 

...................................................................................... 

State or tribe 2011 2012 

,_________----------------------------------------------------------------------------- 

I. Arizona ...................................................... 11,0', 080 119, 08C 

2. California .................................................... 34,402 34,404 

3. Colorado ..................................................... 97,537 97,537 

4. Idaho ........................................................ 16,414 16,414 

5. Nevada ....................................................... 20,474 20,474 

. 6. New Mexico ................................................... 83,182 83,182 

7. Oregon ........................................................ 26,316 26,316 

8. Utah ......................................................... 42,819 42,815 

9. Wyoming ........................................... :..... ...... 155,836 155,836 

10. Navajo Nation ............................................... 53,427 53,427 

11. Shoshone-Barinock Tribe of the Fort Hall Reservation ......... a, 994 4,994 

12. Ute Indian Tribe of the Uintahand Ouray Reservation ......... 1,135 1,135 

13. Northern Arapaho and Shoshone Tribes of the Wind River 1,384 1,364 

Reservation .................................................... ...................................................................................... 

(ii) Adjustment for Future Operation of Copper Smelters. 

(A) The plan must provide for adjustments tr? the nilestones io the event that Phelps ~odge Hidalgo 

andlor BHP San Manuel resume operations or that other smelters increase their operations. 

(B) The plan ~llust provide for adjustments to the milestones according to Tables 3a and 3b except that if 

either the Hidalgo or San Manuel smelters resumes -operation and is required to obtain a peimit under 40 

CFR 52.21' or 40 CFR 51.166, the adjustment to the milestone must be based upon the levels allowed by 

the pennit. IE no i~stmce mziy the adjustment to the milestone be greziter thm 22,000 tons forethe Phelps 

Dodge Hiddgo, -eater tlim 16,000 ions for BHI) San Manuel, or more than 30,000 tons for the 

combination of the Phelps Dodge Hiddgo and BHP San Manuel smelters for the yezs 201 3 through 

2018. Tables 3a and 3b follow: 

Table 32-Adjustments to the Milestones for Future Operations of Copper 

Smelters ........................................................................ 

... the~ you 

calculate the 

milestone by 

Scenario If this happens and this happens adding this 

... ... mount to the 

value in colm 

3 of Table 1 ........................................................................ 

1 .................. Phelps Dodge Phelps Dodge A. Beginni~g 

Hidalgo resumes Hidalgo resumes with the year 

operation, but production that 
EHP San Mznuel 

does not. 

Phelps Dodge 

Hidalgo resumes 

operat ion, but 

BHP San Manuel 

does not. 

BHP San Manuel 

Mauel resumes 

operation, but 

Phelps Dodge 

Hidalgo does 

not. 

BHP Szn Mauel 

resumes 

operat ion, but 

Phelps Dodge 

Hidalgo does 

not. 

consistent with 

past operations 

a~d emissions . 

Phelps Dodge 

Hidalgo resumes 

operation in a 

substantialiy 

different - 

mmer sdch 

that emissions 

will be less 

than for past 

operations (an 

~xample would 

be r&ning only 

one portion of 

the plant to 

produce sulfur 

acid only) . 

BHP Sm Manuel 

resumes 

product ion 

consistent with 

past operations 

and emissions. 

BHP Ssn Mace1 

resumes 

operations in 2 

s+st/zntially 

cii f Ferent 

mvlner such 

that emissions 

will be less 

product ion 

resumes, zzd 

for each year 

ug to the year 

2012, the 

milestone 

increzses by: 

(1) 22,000 tons 

PLUS 

(2) hy unomts 

identified in 

T&le 3b. 

B. For the 

years 2013 

through 2018, 

the milescone 

increases by 

this amount or 

by 30,000 

tons, 

wh,i chever is 

less. 

A. $eginning 

with the year 

that 

production 

resumes, ad 

for each year 

up to the year 

2012, the 

milestone 

increases by: 

(1) Expected 

emissions for 

Phelps Dodge 

Hidalgo (not 

to exceed 

22,000 tons) , PLUS 

(2) Any amounts 

identified in 

Table 3b. 

B. For the 

years' 2013 

through 2 0 18, 

the milestone 

increases by 

this a?lount or 

by 30,000 

tons , whichever is 

less. 

A. 16,000 tons 

PLUS 

B. u-y amounts 

identified in 

 able 3b. 

A. Expected 

emissions for 

BHP (not to 

exceed 16,000 

tons) PLUS 

B. Pay mounts 

icient ifie2 in 

Table 3b. 
...... ... .. ........ ., .: .... .; .: . . ... .... . . ,: ,.,, ........ ...... 

.. ;Codeof2ed.eralBepu1atiom . , Search - -- - . . htrp://ecfil _ i- _ __ .access. . . &ACTON=. .... ... 

:. ... 

than for past 

operations (an 

exa-zple would 

be niiiing only 

one portion of 

the plant to 

produce sulfur 

acid only). .... Both Phelps Both smelters 

Dodge Hidalgo resame 

aci BHP San production 

Manuel resume consistent with 

operations. past operations 

and emissions. 

6 .................. Both Phelps 

Dodge Hidalgo 

and BHP San 

Manuel resume 

operations. 

7 .................. Both Phelps 

Dodge Hidalgo 

and BHP San 

Mmuel resumes 

operations. 

A. Beginning 

with the year 

that 

production 

resumes, ad. 

for each year 

up to the year 

2 0-12, the 

milestone 

increase by 

38,000 tons. 

B. For the 

* years 2013 

'through 2018, 

'the milestone 

increases by 

30,000 tons. 

Phelps , A. For the year , Hidal$O%knes that. 

production production 

consistent with resumes, and 

past operations 

and emissions, 

but BHP San 

Manuel resumes 

operations in a 

substmtially 

different 

mmer such 

that emissions 

will be less 

than for past 

operations (an 

example would 

be running only 

one portion of 

the plant to 

produce sulfur 

acid only). 

BHP San Mmuel 

resume 

producti-on 

consistent with 

the past 

operations and 

emissions, but 

Phelps Dodge 

Hidalgo resumes 

operations in a 

substzntially 

different 

manner such 

that emissions 

will be less 

than for past 

for each year 

up to the year 

2 012, the 

milestone 

increases by: 

(1) 22,000 PLUS 

(2) Expected 

emissions for 

San Manuel 

(not to exceed 

16,000 tons) . B. For the 

years 2013 

though 2018, 

the milestone 

increases by 

this sane 

mount, cr by 

30,000 tons, 

whichever is 

less. 

A. For the year 

that 

-production 

resumes, and 

for each year 

up to the ye2r 

2012, 

milestone 

increases by: 

(1) 16,000 PLUS 

(2) Expected 

Hidalgo 

emissions (not 

to exceed 

22,000 tons) . B. For 'the 
operations (an years 2013 

exanple would though 2018, 

be ~~i-ng only the milescone 

one portion of increases by 

the plant to this sane 

produce sulfur anout, or by 

acid only) . 30,000 ~ons, 

8 .................. Both Phelps 

Dodge Hidalgo 

and BHP San 

Mauel do not 

resume 

operations. ------------------------------------ 

whicnever is 

less. 

A. Any 'mounts 

identified in 

Table 3b. 

~able 3b-Adjustments for Certain Copper Smelters Which Operate Above , 

Baseline Levels 

[In tons] 

Where it applies in table 3a, if the 

following smelter ... 

complies with 

existing 

permits but 

has actual 

annual 

emissions that 

exceed the 

following 

baseline level 

... thd 

milestone 

increases by 

the difference 

between actual 

emissions and 

the baseline 

level, or the 

followina 

mount, 

whichever is 

less 

Asarco Hayden ........................... 23,000 

BHP Sm Manuel .......................... 16,000 

Ke-mecott Sslt Lake ..................... 1,000 

Phelps Dodge Chino ...................... 16,000 

Phelps Dodge Hidalgo .................... 22,000 

Phelps Dodge Mimi ...................... 8,000 --------------------------------------------------------------- 

(iil) Adjusm-ents for changes in emission monitoring or calculation methods. The plan must provide for 

adjusme~ts to &e milesto~les to reflect changes in su1,h.r dioxide emission monitoring or neasuremect 

met.?.?ods for a source that is included in the piogm, iilcludlng changes identified uder paagaph 

@)(2)(iii)@) of +As section. Any such adjustment based upon changes to e~Ilissions mo~itoring or 

measurement methods must be made in the form of an implementation plan revision that complies with 

the procedural requiremeats of 5 5 1.102 and 5 5 1.103. The implementation plan revision must be 

submitted to the Adininistrator no lakr than the first due date for a periodic report under paragraph 

(d)(10) of this section following the change in emission monitoring or measurement method. 

(iv) Adjustments for changes in flow rate measurement methods for affected sowces under 40 CFR 72.1. 

For the years between 2003 snd 2017, ths, implementation plan must provide for adjustments to the 

milestones for sources using the methods contained in 40 CFR part 60, appendix A: Methods 2F, 2G, 

md 2H. For any year for which such an adjustment has not yet been made to the milestone, the 

implementation plan must provide for an adjustment to the emissions reporting to ensure consistency. 

The implementation plan must provide for adjustments to the milestones by no later than the date of the 

periodic plan revision required under 5 51.309(d)(lO). 
(v) Adjustments due to enforcement actions arising fiom settlements. Tne implementation plan must 

provide for adjustments to the milestones, as specified - in paagraph @)(l)(vii) and (viii) of this section, 

P if: 

(A) An agreement to settle an action, vlsing from allegations of a failure of an owner or operator of an 

emissions unit at a source in the program to comply with applicable regulations which were in effecr 

dunig the base year, is reached between the parties to the action; 

(5) The alleged failure to comply with applicable regulations aEects the dssumptions that were used in 

calcu!ating the source's base year and forecasted sulfur dioxide emissions; and 

4,' 

(C) The settlement includes or reco~mends an adjustment to the milestones. 

(vi) Adjustments due to enforcement actions arising from adninistrative or judicial orders. The 

kplementation plan must also provide for adjustments to the milestones as directed by any final 

administrative or judicial order, as specified in paragraph @)(l)(vii) and (viii) of this section. Where the 

find drninistrative or judicial order does not include a reforecast of the source's baseline; the State or 

TT,r;,Se shdl e~dlJ2te whether a reforecast of the source's baseline emissio~ls is approprizte. 

(vii) Adjustments for enforcement actions. The plan must provide that, based on paragraph (h)(l)(v) and 

(vi) of this section, the milestone must be decreased by an appropriate amount based on a reforecast cf 

the source's decreased sulfur dioxide emissions. The adjustments do not become effective until after the 

source has reduced its sulk dioxide emissions as required in the settlement agreement, or 

advinistrative or judicial order. All adjustments based upon enforcement actions must be made in the 

form of an implementztion plan revision thar complies with the procedural requirements of 5 5 5 1.102 

ifand 51.103. 

(viii) Doc~~nentation of adjustments for enforcement actions. h the periodic plan revision required 

u~lder 5 1.309(d)(! O), the State or Tribe shdl include the following d~cmentation of my adjustment due 

to a enforcement action: 

(A) Identification of each source under the State or Tribe's jurisdiction which has reduced sulfur dioxide 

enissions pursuant to a settlement agreement, or an administrative or judicial order; 

(33) For each source identified, a statement indicating whether the milestones were adjusted in response 

to the enforcement action; 

(C) Discussion of the rztionale for the State or Tiibe's decision to adjust or not to adjust the milestones; 

a?ld 

(D) If extra SO2 emissions reductions (over 2nd above those reductio~ls needed for compliance with the 

applicable regulations) were pat of an agreement to settle an action, a statement indicating whether such 

reductions resulted in any adjustment to t5e milestones or allowance dlocations, and a discussion of the 

rationale for the State or Tribe's decision on any such adjustment. 

(ix) Adjustment based upon program audits. The plan must provide for appropriate adjustnents to the 

nilestones based upo~l the results of program audits. Any such adjustment based upon audits must be 

made in the fom implementation plan revision that complies with the procedural requirements of 

4 4 5 1.1 02 and 5 1.103. The iinplementation plm revision must be submitted to the Administrator no 

later than the kt due date &er the audit for a periodic report under paragraph (d)(10) of this sectio~. 
:ode-of.EederalXe@ati~zls Search Results 

(x) Adjustment for iniividud sources opting into the progarn. The plan may provide for adjusimeats to 

the ~liilestones for any source choosing to pastici~ate in the progam even though the source does not 

meet the 100 tons per yeas Miterion for inclusion. hy such adjustments mcst be made in the form or" an 

implementation plan revision that complies with the procedural requiremeats of 4 fj 5 1.102 and 5 1.1 03. 

(2) Requirements for moairouing, recoudkeeping and reporting of actual annual emissions of suI,&u 

dioxide -- (i) Sources included in the program. The implementati.on plan must provide for annual 

emission monitoring and reporting, beginning with calendar year 2003, for dl sources with actual 

emissions of sulfur dioxide of 100 tons per year or more as of 2003, and dl sources with actd 

emissions of 100 tons or more pa year in any subsequent year. States and Tribes may include other 

sources in the program, if the irn~lementation plan provides for the same procedures and monito&g as 

for other sources in a way that is federally enforceable. 

(ii) Documentan'on of emissions calculation methods. The implementation pian aust provide 

documentation of the specific me tho do log^ used to calculate emissions for each emitting unit included 

in the program during the base year. The implementation plan must also provide for documentation of 

any chqe tb the specific methodology used to cdculate emissions at any,emitting unit for any year zifrer 

the base 

(iii) Recoudkeepiag. The implementation plan must provide for the retention of records for at least 10 

years from the establishment of the record. If a record will b'e the basis for an adjustment to the 

milestone as provided for in pairagraph @)(I) of this section, that record must be retained for at least 10 

years from the establishment of the record, or 5 years after the date of the implementzition plm revision 

which reflects the adjustment, whichever is longer. 

(iv) Completion and submission of emissions reports. The implementation plan must provide for the 

annual collection of emissions data for sources included within the program, quality zissmmce of the 

data, public review of the data: and submission of emissions reports to the Adrsstrator and to each 

State and Tribe which has submitted an implementation plan under this section. The implenentation 

plm must provide for submission of ihe emission reports by no later thm September 30 of each year, 

beg.g with reports due September 30,2004 for emissions from calendar year 2003. For sources for 

which changes in emission quantification methods require adjustments under paragraph (h)(l)(iii) of ',his 

section, the emissions reports must reflect the method in place before the change, for each year until the 

milestone has been adjusted. If each of the States which hirave submitted an implementation plan under 

fhis section have identified a regional planning organization to coordinate the annual comparison of 

regional SO2 emissions against the appropriate miiestone, the implementation pian must provide for 

reporting of this infomation to the regional planning body. 

(v) Eceptions reports. emissions report submitted by each Stzte and Tribe under paiagrrph 

(li)(2)(ii) of this section must provide for exceptions reports containing the following: 

(A) Identification of any new or zddiiional sulfur dioxide sources gezter than 1 00 tons per yea that 

were not contained in the previous year emissions report; 

(B) Identificaeon of sources shct down or removed from the previous year emissions report; 

(C) Explanation for emissions variations at any covered source that exceed plus or minm 20 perceat 

from the previocs year's emissions repori; 

(D) Identification and explmzition of changed emissions monitorkg and reporting methods at any 

source. The use of any changed emission monitoring or reporting methods requires an adjustment to the 
milestones according to paragraph @)(l)(iii) of this section. 

(vi) Reporring of emissions for the Mohave Generating Station for the years 2003 through 2006. For the 

years 2003, 2004,2005, and for any part of the year 2006 before installation and operation of sulh 

dioxide controls at the Mohave Generating Stanon, emissions from the Mohave Generating Stztior will 

be calculated using a sulfur dioxide emission factor of 0.15 pounds per million BTU. 

(vii) Specialprovision for the year 2013. The implementation plan must provide that in the enissions 

report for calendar yea 2012; which is due by September 30,2013 under paragraph (h)(2)(iv) of bs 

section, each State has the option of including calenda year 201 8 emission projections for each source, 

in addition to the actual emissions fir each source for calendar year 2012. 

(3) Annual comparison of emissions to the milestone -- (i) The implementation plan must provide for a 

cornpaison each year of annual SO2 emissions for the region against the iippropriate rilestone. In 

making this comparison, the State or Tribe must make the comparison, usiog its annual emissions report 

and emissions reports from other States and Tribes reported under paragraph (h)(2)(iv) of this section. 

,It, : 

,I I I 

(ii) The implementation plm must provide for the State or Tribe to m a, e available to the public a &aft 

report comparing annual emissions to the inilestone by December 3 1 of each year. The first draft report, 

comparing annual emissions in 2003 to the year 2003 rqilestone will be due December 3 1: 2004. 

i 

(iii) The implementation plan must provide for the State or Tribe to subniit to the Administrator a hal 

determinztion of annual emissions by March 3 1 of the following year. The final determination must st&e 

whether or not the annual emissions for the year exceed the appropriate milestone. 

(iv) A State or Tribe may delegate its responsibilities to prepare draft reports and reports supporting the 

final determinations linder paragraphs (h)(3)(i) through (iii) of this section to a regional planning 

organization designated by each State or Tribe submitting an approvable plan under this section. 

(v) Specid considerations for year 201 2 report. If each State or TriT;e sub-mitriilg an approvable plan 

under th~s section has included calendar year 201 8 emission projections under paragraph @)(2)(vii) of 

this section, then the report for the year 2012 milestone which is due by December 3 1,201 3 under 

paragraph (h)(3)(ii) of this section may also include a comparison of the regiond year 201 8 emissions 

projection with the milestone for calendar year 2018. If the report indicates thzt the year 201 8 milestone 

will be exceeded, then the State or Tribe may choose to implement the market trading progam 

'De_gimiag in the yea 201 e, if each Stzte or Tr;be s~baitthg w: ap~rovab!e plan under this section 

agees. 

(vi) Independeat review. The implementation plm must provide for reviews or' the annual emissions 

reporting program by an independent third party. This independent review is not required if a 

determination has been made under paragraph (h)(3)(iii) of this section to implement the market tiading 

program. The independent review shall be completed by the end of 2006, and every 5 years thereafter, 

and shall include an malysis of 

(A) The uncertainty of the reported emissions data; 

(B) Whether the unce,rthty of the reported emissio~ls dzta is likely tc have adverse iir~act on the 

snnual determination of errissions relative to the milestone; md, 

(C) Whether there ark any necessary improvements for the annual administrative process for collecting 

the emissions data, reporting the data, and obtaining public review of the data. 
:ode~f-Federal-Re~.ulati~m Search Results 

(4) Market tradingprogam. The Fnplementat-;on plan must provide for implementation of a market 

tzading pmgm if the deiemiast-;on requiied by paragraph 0(3)(iii) of this sectio~ indicates that a 

milestone has been exceeded. The implementation plan inust provide for the option of impiementsltion of 

a market trading program if a repofL under paragraph @)(3)(v) of ths section indicates that projected 

eaissions Ibr the yea 201 8 will exceed the year 201 8 milestone. The implementation plan nust provide 3 

r'or 2 market trading progm whose provisions are substantively the same for each State or Tribe 

subroitting az~ approvable plan mder this section. The implenatation plan must include the f011~wing 

maket trading progm provisions: 

(i) Allowa~ces. For each source ia the program, the implementation plan must either identify the specific 

allocation of allowances, on a tom per year basis, for each calendar year from 2009 to 201 8 or the 

fcmula or methodology that will be used to calculate the allowances if the program is triggered. The 

inple~entation plan must provide that eligible renewable energy resources that becoin operation zfter 

October 1, 2000 will receive 2.5 tons of SO2 allowances per mesawatt of installed nameplate capacity ' 

per year. Allowance allocations for renewable enera resources that begn operation prior to the progrm 

tiigger will be retroactive to the tke of initial operation. The im?lementziion plan may provide for an 

upper limit on the number of allowmces provided for eligible renewable energy resources. The t~tal of 

the tons per year allowances across all pxticipating Ststes and Tribes, including the renewable energy 

aaliowances, may not exceed the mounts in Table 4 of this paragraph, less a 20,000 ton =out that must 

be set aside for use by Tribes. The implementation plan may include procedures for redistebuting the 

allovlrances in future years, if 2s the amounts in Table 4 of this paragraph? less a 20,000 ton amount, are 

not exceeded. The iiiplementaton plan must provide thiit any adjustment for a calendar year applied to 

the milestones under paragraphs (h)(l)(i) through (vii) of this section must also be applied to the 

amoEn1s in Table 4. able 4 follows: 

Tzble 4-Total Amount of Allowances by Year , 

For this year: 

If the two If the two 

smelters smelters do 

resume not resume 

operations, operations, 

the total the total 

number of number of 

allowances allowances 

is sued by issued by 

States and States and 

Tribes may not Tribes may not 

exceed this exceed. this 

mount : mount : 

(ii) Compliance with allowcnces. The implementation plan must provide that, be-PFnniog with the 

compliance period 6 years following the calendar year for which emissions exceeded the milestoce and 

for each compliance period thereafter, the owner or operator of each source in the progym iii~st hold 

allowances for each ton of sulk dioxide emitted by the source. 

11/5/2003 2:43 PM 
.'C~e-eL~ederal.Reg.1atiom Search Resdte 

(iii) Emissions quanti~cadon protocols. The implementation plan must include specific emissions 

qi~antification protocols for each source catego~y included within the propa, includiag the 

(h identification of sources subject to part 75 of this chapter. For sources subject to part 75 of+hs chapter. 

the implementation plan may rely on the emissions quantification protocol in part 75. For source 

categories with sources in more than one State or tribal area submitting an implementation plan mder 

this section, each State or Tribe should use the same protocol to quantify emissions for sources in the 

source cztegory. The protocols must provide for reliability (repezted application obrains results 

equivalent to EPA-approved test methods), and replicability (different users obtain the same or 

equivalent results that are independently verifiable). The protocols must include procedures for 

addressing missing data, which provide for conservative calculations of emissions and provide sufficient 

incentives for sources to comply with the monitoring provisions. If the protocols a-e not the same for 

sources within a given source category, and where the protocols are not based upon part 75 or equivalent 

methods, the State or Tiibes must provide a demonstration that each such protocol meets all of the 

criteria of this paragraph. 

(iv) Mqnztoring and Recordkeeping The implementation plan must $elude mooitoIlllg provisions whch 

are con$istent with the emissions quantification protocol. Monitoring iequired by these provisions m~st 

be timely 2nd of sufficient frequency to ensure the enforceability of the progam. The impiementz~on 

plan must also include requirements that the owner or operztor of each source in the program keep 

records consistent with the emissions quantification proitocols, and keep all records used to determine 

compliance for at leat 5 years. For source owners or operators which use banked allowances, all records 

relating to the banked allowance must be kept for at least 5 years after the banked allowances are used. 

(v) Tracking system. The implementation plan must provide for submitting data to a centralized system 

for the tracking of allowances and emissions. The implementatioo plan must provide that all necessqr information regarding emissions, allowances, and transactions is publicly available in a secure, 

cenrralized data base. In the system, each allowance must be uniquely identified. Tne system musr allow 

for frequent updates and include enforceable procedures for recording data. 

(vi) Authorized account representative. The implementation plan must include provisions requiring the 

owner or operator of each source in the progam to identify an authorized account representative. ?The 

implementation plan must provide that all matters pertaining to the account, including, but not limited 

to, the deduction and transfer of allowances in the account, and certifications of the completeness and 

accuracy of emissions md allowances transactions required in the mual report under paragraph 

(h)(4)(vii) of this section shall be undertaken only by the autho~zed'account representative. 

(vii) Anxual report. The implementation plan must ioclude provisions requiring the authorized account 

rqresentative for each source in the program to demonstrate and report within a specified time period 

following the end of each calendar year that the source holds dlowances for each ton per year of SO2 

emitied in that year. The implementation plan must require the zuthorized account representative to 

submit the report within 60 days after the end of each calendar year, ~nless alternative deadline is 

speciced consistent with emission monitoring and reporting procedures. 

(viii) Allowance transfers. The implementation plan must include provisions detailing the process for 

transferring dlowances between parties. 

(ix) Emissions banking. The implementation plan may provide for the bmhng of unused allowances. 

Any such provisions must state whether unused allowances may be kept for use in future years and r describe any restrictions on the use of any such allowances. Allowances kept for use in future years may 

be used in calendar year 201 8 only if the implementztion plan ensures that such allowances would not 
:ode-off ederalRegulauo11~ Search Results a 

interfere with the achievement of the year 201 8 amount in Table 4 ia paragraph (c)(L?)(i) of this section. 

(x) Penalties. The implaeatation pim must: 'm 

(A) Provide that if emissions from a source in the program exceed the allowances held by the source, the r 

source's allowaaces will be reduced by an aiiomt equd to two times the souce's tons of excess 

emissions: 

(B) Provide for a~propriate financial penalties for excess emissions, either $5000 per ton (yeai 2000 

dollars) or an alternative amount that is the same for each participatilg State and Tribe and that 

substantially exceeds the expected cost of allowances, 

(C) Ensure that failure to comply with my program requirements (including monitoring, recordkeeping, . 

md reportkg requirements) are violations which are subject to civil md crirnind remedies provided ~ - 

' under hliczble State or &bal law ad the Clean Air A&, that each day cjf the control period is a 

separate violation: and that each ton of excess missiocs is a separzte violation. Any allowrnce rehctioc 

or-?enalty assessment requiizd under paragraphs @)(4)(x)(A) id (B) of this section shall not affect be 

liability of the source for rernedies under ths psragraph. 

'(xi) P~ovisions for periodic evaluation of the tradingprogram. The implementation plan must provide 

for an evaluation of the trading progm no later than 3 years following the first full year of the trading 

propam: and at least every 5 years thereafter. Any changes warranted by the evaluation sho~ld be 

incorporzted into the next periodic implementation plan revision required under paragraph (d)(10) of this 

section. The evalua~on must be conducted by an independent third party md must include ~II smalysis 

of 

(A) Whether the total actual emissions could exceed the values in 5 5 1.309(h)(l)(i), even though 

sources comply with their allowances; 

(B) Whether the program achieved the overall emission milestone it was intended to reach; 

(C) The effectiveness of the compliance, enforcement and penalty provisions; 

(D) A discussion of whether States and Tribes have enough resources to implement the trading progm; 

(E) Wether the trading progm resulted in any unexpected beneficial effects, or my unintended 

detrimental effects; 

(r") Whether the actions taken to reduce sulfur dioxide have led to my unintended increases ix other 

pollutants; 

(GI Wnether there are any changes needed in emissions monitoring and reporting protocols, or in the 

administative procedures for program administration and tracking; and 

(H) The exectiveness of the provisions for interstate trading, and whether there are any proceduial 

chmges needed to make the interst~ie nature of the program more effective. 

(5) Other provisions -- (i) Pe~mirti'izg of ~~ifected sources. The implementation plan must prcvide that for 

sources subject to part 70 or pzrt 71 of this chapter, the implementation plan requirements for emissions 

reporting and for the trading program under paragraph (h) of this section must be incorporated LO the 

p& 70 or part 71 permit. For sources not subject to part 70 or pan 71 of this chapter, the requirements 
must be incorporated into a permit that is enforceable zis a practical matter by the Administrstor, and by 

citizens to the extent permitted under the Clean Air Act. 

(ii) htegratioon with ofherprograms. The impleme~~iation plm must provide that in addition to the 

rzquire~ents of pmagraph (h) of this section, any applicable restrictions of Federal, Stzte, and tribd law 

remain ii~ place. No provision of paragraph O of this section should be interpreted as exempting any 

source from compliance with any other provision of Federal, State, tribal or local law, including an 

zpproved implementation plm, a Federally enforceable permit, or any other Federal regulations. 

164 FR 35709, July 1, 1999, as amended at 68 FR 33784, June 5,2003; 68 FR 39846, July 3, 2003; 68 . 

FR 61 369, ,,. Oct. 28,20031 
Table 2-An~ounts Subtracted From the Milestones for States and Tribes Which Do Not Exercise the Option Provided by § 51.309 

State or tribe 

1 . Arizona ...................................................... 2 . California ................................................... 3 . Colorado ..................................................... 4 . Idaho ........................................................ 5 . Nevada ...................................................... 6 . New Mexico ................................................... 7 . Oregon ....................................................... 8 . Utah ......................................................... 9 . Wyoming ....................................................... 10 . Navajo Nation ............................................... . ......... 0 11 Shoshone-Bannock Tribe of the Fort Hall Reservation 

12 . Ute Indian Tribe of the Uintahand Ouray Respation ......... 13 . Wind River Reservation ...................................... 

State or tribe 2011 2012 2013 2014 2015 2016 2017 2018 

.................. i... ................................................................................................................................ 

1 . Arizona ...................................................... 119. 080 119. 080 

2 . California ................................................... 34. 402 34. 402 .- 3 . Colorado .......................... ; . ......................... 97. 537 97. 537 

4 . Idaho ........................................................ 16. 414 16. 414 

5 . Nevada ....................................................... 20. 474 20. 474 

6 . New Mexico ................................................... 83. 182 83. 182 

7 . Oregon ....................................................... 26. 316 26, 316 

8 . Utah ......................................................... 42. 819 42. 819 

9 . Wyoming ...................................................... 155. 836 155. 836 

10 . Navajo Nation ............................................... 53. 427 53. 427 

11 . Shoshone-Bannock Tribe of the Fort Hall Reservation ......... 4. 994 4. 994 

12 . Ute Indian Tribe of the Uintahand Ouray Reservation ......... 1. 135 1. 135 

13 . Northern Arapaho and Shoshone Tribes of the Wind River 1. 384 1. 384 

Reservation .................................................... __-______--_L_-__-_----------------------------------------------------------------------------------------------------------------------------------- 
EIB HEARING RE 

1 

1 STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

2 

3 No. EIB 03-08D 

4 IN THE MATTER OF 

PETITION FOR HEARING ON 

5 PROPOSED 20.2.73 - NOTICE OF 

INTENT AND EMISSION INVENTORY 

6 

7 

8 

9 

10 TRANSCRIPT OF PROCEEDINGS 

11 

12 BE IT REMEMBERED that on the 18th day of 

13 November, 2003, the above-entitled matter came on for 

14 hehrlng before the New Mexico Environmental Improvement 

15 ~odjti, taken at the State Capitol Building, Room 321, 

16 Santa Fe, New Mexico, at the hour of 11:25 AM. 

17 

18 

19 

2 0 

21 

2 2 

2 3 

24 

2 

1 APPEARANCES 

2 

3 For the Environmental Improvement Board: 

4 GAY DILLINGHAM, Chair 

GREGORY GREEN, Secretary 

5 GWEN WARDWELL 

HAROLD TSO 

6 DOLORES HERRERA 

7 MARY H. SMITH 

Assistant Attorney General 

8 Office of the Attorney General 

111 Lomas Boulevard, Northwest 

9 Suite 300 

Albuquerque, New Mexico 87102 

10 

il For the New Mexico Environment Department: 

12 TRACY HUGHES 

Special Assistant Attorney General 

13 Office of General Counsel 

New Mexico Environment Department 

14 1190 St. Francis Drive 

Santa Fe, New Mexico 87505 

15 

2 5 

KATHY TOWNSEND 

INDEX 

PAGE 

WITNESSES: 

MARY HILBERT, MARY UHL, RITA TRUJILM and 

PATRICK CUMMINS 

Direct Examination of Mary Hilbert 

by Ms. Hughes 8 

Cross Examination by the Board 14 

2 5 

4 

1 EXHIBITS 

2 MARKED/ADMITTED 

I NMED: 1 4 1. Proposed revision to 20.2.73 NMAC 14 

5 2. Direct Testimony of Mary Hilbert 14 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

2 1 

22 

23 

24 

25 

XURT REPORTERS 
El6 HEARING RE 20.2.73, 11/18/03 

I I 

5 

MS. HERREWL: We welcome you to the 

Environmental Improvement Board's hearing. It's 11:25 

on November 18th. 

This is a hearing in EIB 03-08D to consider 

amendments to 20.2.73 NMAC, the rules establishing 

requirements for the sulfur dioxide emissions inventory 

Today is November 18th. 2003, and we are 

meeting in Room 321 of the New Mexico State Capitol. 

I am Dolores Herrera, the Environmental 

Improvement Board member designated as Hearing Officer 

in this matter. 

The petitioner in this matter is the New 

Mexico Environment Department. Petitioner states that 

the reason for the proposed amendments is to enable the 

StateImplementation Plan, or SIP, S-I-P, and its rules 

to comply with the federal regional haze rule. 

Petitioner further states that the proposed 

amendments to 20.2.73 NMAC establish enforceable 

provisions and track sulfur dioxide emissions and 

clarify records retention requirements. 

The Environmental Improvement Board is 

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

Improvement Act and Section. 44-27 of the Air Quality 

Control Act to adopt rules regarding air quality 

management. 

6 

This hearing will be conducted in accordance 

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

an6 impartial manner so as to assure that the relevant 

facts are fully elicited and to provide a reasonable 

opportunity for ell persons to be heard without making 

the hearing unreasonably lengthy or cumbersome or 

burdening the record with unnecessary repetition. 

The Rules of Civil Procedure and Evidence 

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

will mzke such orders as may be necessary to preserve 

decorum and to protect the orderly hearing process. 

The hearing shill proceed as previously 

detsiled by Hearing Officer Harold Tso with regard to 

the hearing in EIB 03-08A to consider revisions to the 

Regional Haze State Implementation Plan. 

We will now proceed. 

Will all persons who wish to testify at this 

hearing on behalf of the petitioner please stand so that 

the court reporter may administer the oeth? 

MARY HILBERT, RITA TRUJILLO, 

MARY UHL and PATRICK CUMMINS 

having been first duly sworn or affirmed, were 

exzmined and testified as follows: 

THE REPORTER: Would you each please state 

your names? 

KATHY TOWNSEND 

7 

MS. HILBERT: Mary Hilbert. 

MS. UHL: Mary Uhl. 

MS. TRUJILLO: Rita Trujillo. 

MR. CUMMINS: Patrick Cummins. 

MS. HERRERA: Does the petitioner wish to make 

a brief opening statement? 

If so, the floor is yours., 

MS. HUGHES: Thank you, Madam Hearing Officer. 

Very briefly, this is an amendment to an 

existing rule, 20.2.73 NMAC, or Part 73, on the notice 

of intent and emission inventory. This is to amend the 

provisions for tracklng the SO2 emissions that includes 

pre- and posttrigger inventories. I 

Again, the Department will have one witness, I 

Mary Hilbert, and then we would request that the other 

witnesses that you've already sworn would be allowed to 

answer questions as a panel. 

So that would include Ms. Uhl, Ms. Trujillo 

and Mr. Cummins. 

We're ready to proceed. 

MS. HERRERA: Okay. 

And is everybody comfortable with that? 

Okay. 

All right. Petitloner may now present direct 

25 testimony on the proposed rule amendments. 

6 

MS. HUGHES: Thank you. 

DIRECT EXAMINATION OF MARY HILEERT 

BY MS. HUGHES: 

Q. Please state your name. 

A. Mary Hllbert. 

Q. And your educational background. 

A. I have a bachelor of science degree in 

envlromental science and management from New Mexico 

Highlands University. 

Q. And where do you currently work? 

A. I work for the hr Qualicp Bureau ln the 

Control Strategies Section. 

Q. And what do you do for the Control Strategies 

Sectlon? 

A. We work on regulatory and policy analysls and 

develop SIPS, or State Implementation Plans. We educate 

the publlc on air quality issues. 

Q. Okay. 

And you have prepered testimony that's Exhibit 

Number 2? 

A. Yes, I have 1 li Q. Okay. 

123 Would you please present that? 1 

1 24 A. And I want to apologize for the Board. I 

125 This -- I realize this is very repetitive, but in order 

COURT REPORTERS 
to have this on record, it's -- I kind of have to go 

through it over and over. 

MS. HERRERA: So do we. 

Ell3 HEARING RE 20.2.73, 1111 8/03 

MS. HILBERT: Yes, I understand. 

The Department is proposing to revise 20.2.73 

NMAC, Notice of Intent and Emissions Inventory 

Requirements, hereafter referred to as Part 73, to 

ensure compliance with the emissions inventory 

requirements for the pretrigger tracking set forth under 

the federal regional haze rule. 

The federal regional haze rule includes 

provisions for tracking SO2 emissions that include 

pretrigger and posttrigger inventories. 

The rule outlines declining SO2 emission 

targets for the region with provisions to trigger a 

9 

backstop, regulatory, emission trading program if those 

targets are not met. 

The underlying goal of this backstop trading 

program is to rely on other regulatory requirements and 

voluntary measures and the ability of SO2 sources to plan 

for necessary capital expenditures through their 

long-term business plans. 

A critical element of this plan is the ability 

to track emission changes over time to ensure that the 

11 

regional targets have been met and to determine whether 

10 

the backstop trading program has been triggered. 

The tracking system has different functions 

prior to the program trigger date and after the trading 

program is in place. 

Prior to that program trigger date, it is 

important to measure progress over time and to ensure 

that ,the underlying goals are being met. During this 

period of time, it is most important to track changes 

and to ensure that the effects of new monitoring 

techniques are addressed so that only real emission 

changes will be monitored -- or measured rather. 

If the program is triggered, the focus shifts 

to compliance for individual sources and the assurance 

that a ton equals a ton. In the second phase, fixed 

monitoring protocols become important to ensure that a 

ton reduction from one source equals a ton reduction 

from another source. 

In complying with the pretrigger tracking of 

reqionel SO2 emissions required by the federal regional 

haze rule, we are proposing the addition of Section F, 

Emission Tracking Requirements for Sulfur Dioxide 

Emission Inventories, to Part 73. 

Currently, sources in New Mexico that emit 100 

tons or more of sulfur oxides are subject to Part 73 and 

1 Bureau. 

2 Proposed Section F, Emission Tracking 

3 Requirements for Sulfur Dioxide Emission Inventories, 

would include some additional requirements for these 

sources in order to compile an annual report with the 

details necessary for the state to make an informed 

decision on the'amount of sulfur dibxide that has been 

emitted from facilities in New Mexico. 

This information will be shared with other 

states in the Sulfur Dioxide Backstop Trading Program 

and a collective report compiled to determine if 

regional emissions exceed the milestone limitations. 

The regional haze rule requires all states participating 

in the program to adhere to sbecific monitoring 

requirements to provide consistent information to track 

regional emissions. 

To revise the inventory rule, we propose that 

three new definitions be included in Part 73. 

Definitions for "emission report or inventory," "WEB 

source" and "Western Backstop SO2 Trading Program" are 

all proposed to be included in Part 73. 

"Emission report or inventory" means a listing 

by source of the amount of air pollutants discharged 

into the atmosphere of a community. 

"WEB source" means a stationary source that 

12 

meets the applicability requirements of Section 101 of 

Part 01. Section 101 is the applicability section of 

the proposed Western Backstop Trading Program rule. 

This definition would apply to those sources. And in my 

written testimony, I have a listing of those sources. 

The "Western Backstop Trading Program" refers 

to proposed rule 20.2.81 NMAC, triggered as a backstop 

in accordance with the provisions in SO2 Milestone and 

Backstop Trading Program Implementation Plan if 

necessary to ensure that regional SO2 emissions are 

reduced. 

The proposed revisions found in Section F 

include requirements for sources that emit or have the 

potential to emit 100 tons or more per year of sulfur 

oxides to submit annual reports of SO2 emissions. 

Revisions to the rule would require smelters to submit 

the sulfur input in tons per year and indicate the 

percent sulfur content of the fuel and-how that content 

was determined. 

Sources subject to the federal acid rain 

program are required to use 40 CFR Part 75 methodologies 

for reporting emissions. 

All subject sources will be required to retain 

records for a minimum of 10 years from the date of 

25 are required to suhmit annual reports to the Air Quality 25 establishment, or if the record was the basis for an I 

KATHY TOWNSEND COURT REPORTERS 
El6 HEARING RE 20.2.73, 11/18/03 

changes in emission monitoring strategies can be 

tracked. 

These additional requirements are a necessary 

part of the strategies needed to comply with the 

regional haze rule. The annual SO2 emission reports will 

be used by WRAP to compile a regional report to 

establish whether SO2 milestones have been met or 

exceeded. 

All states submitting a SIP under Section 309 

of the regional haze rule will adopt virtually identical 

emission inventory requirements. It is critical that 

dl, ! 

st,fps track emissions in the same way so that it can 

be '-- it will be simple to determine whether the 

milestones for SO2 have been exceeded. 

Again, this is an essential piece of the 

stationary source program for the SIP. 

That ends my testimony. 

Thank you. 

MS. HUGHES: Thank you, Madam Hearing Officer. 

If I may, NMED Exhibit Number 1 is our 

14 

proposed revisions to Part 73 to the rule. 

And NMED Exhibit Number 2 is Ms. Hilbert's 

prefiled written testimony. 

And we would move for admission of those two 

exhibits at this time. 

MS. HERRERA: Okay. I accept both of them for 

the record, to be admitted into the record. 

(Exhibits NMED 1 and 2 were marked for 

identification and admitted into evidence.) 

MS. HUGHES: Think you. 

MS. HERRERA: Thank you very much. 

MS. RUGHES: Thank YOU. 

MS.. HERRERA: At this time, does the Board 

haveany questions or wish to cross-examine the 

witnesses? 

MS. HUGHES: Again, we request that they be -- 

MS. HERRERA: Right. 

MS. HUGHES: -- cross-examined as e panel. 

Thank you. 

MS. HERREPA: Okay. 

CROSS EXAMINATION 

BY THE BOARD: 

MS. HERREPA: Harold? 

MR. TSO: No questions. 

13 

1 adjustment to the milestone, five years after the date 

2 of an implementation plan revision, whichever is longer. 

2 The Air Quality Bureau wiil aiso be required 

4 to retain emissions inventory records for nonutilities 

5 for 1996 and 1998 until the year 2018 to ensure that 

1 6 

is the 309 rule. We just provided another copy as a I 

15 

1 MS. WARDWELL: I had a question, but I don't 

2 know if this has been admitted. 

3 There's another Exhibit 3 thac's part of our I 

4 packet. 

5 

r3 

MS. HUGHES: Madam Hearing Officer, Exhibit 3 

courtesy again. 

MS. WARDWELL: Oh, okay. 

MS. HUGHES: It's the Federal Register, 

Section 309. 

MS. HERRERA: Did that answer your question? 

MS. WARDWELL: Well, there's a table in there 

that says amounts subtracted from the milestones for 

states and tribes -- well, I understand the words, but I 

don't really understand what it means. 

?4~. CUMMINS: I cen answer that question. 

 be milestones -- there are nlne states and 

several Indian tribes that are ellglble for 

participation in the program. For each milestone year, 

beginning In 2003, and every year thereafter through 

2018, there are a set number of emission -- of emlssions 

for each state and each tribe, and that's how the 

regional emission milestone is set. 

It was necessary to do that in order to adjust 

25 the regional total for those states and tribes that 

16 

1 don't opt into the program at this time. 

2 So for example, in 2018, the regional 

3 milestone, if all nine straight -- nine states and all 

4 tribes participated, and the smelters aren't in, is 

5 480,000 tons. California, Nevada, Idaho are not in, so 

we have to lower that number to -- 

MS. WARDWELL: And this is the amount by 

state? 

MR. CWINS: And that's the amount by which 

you lower the milestone. 

MS. WARDWELL: Thank you. 

MS. HERRERA: Okay. 

Satisfied with -- 

MS. WARDWELL: Yeah, yeah. 

MS. HEWERA: Okay. 

Mr. Green? 

MR. GREEN: No questions. 

MS. DILLINGFAM: I have one curiosity 

question. 

How does New Mexico rank in terms of our 

emissions to the other states in the program, current1 

in terms of the baseline that we're going to be using 

for the program? 

MR. CUMMINS: New Mexico is relatively high, 

2 5 MS. HERRERA: Ms. Wardwell. 25 particularly if the Navajo sources are included. Now, 

KATHY TOWNSEND COURT REPORTERS 
EIB HEARING RE 20.2.73, 1 1/18/03 

I I 

1 again, you don't have jurisdiction over the Navajo Four I 2 Corners Power Plant, but it is within the boundaritr of I 3 the State of New Mexico. I 

1 Okay. The record of this public hearing is I 

4 The -- I'm just looking at the 2003 number for 

~i:,sul 5 New Mexico, which i~ reflective, at least on a relative 

2 now closed. 

3 (Proceedings adjourned mt 11:42 AU.) I basis, current emiaaionr, as compared to the other 

states, and that's 84,600 tons. Arizona is 117,000. 

Colormdo, which ia not participating. is 98,000. 

Wyoming is 156,000. 

so New Mexico's about in the middle. 

US. DILLINGHAU: I'm sorry. Did you ray that 

was with the Navajo -- 

MR. CUUUINS: No. That is without. The 

Navajo sources in both New Mexico and Arizona total 

53,000 tons. 

US. DILLINGHAU: So 84 plus 53. 

MR. CUNUINS: Well, that includes Four Corners 

plus Navajo, which is in Arizona. 

US. DILLINGHAM: Okay. So -- 

UR. CUUUINS: About half thmc, about 04 plus, 

ray, 25. 

US. DILLINGHAN: Okay. Thank you. 

I don't have any more questions. - 

24 MS. HERRERA: Okay. 24 I 11:lopn 25 I Doer anybody a1.e have any more questions? 

KATHY TOWNSEND COURT REPORTERS 

110 ~uelfth street, Northw~rt. Albuquerque, New Uaxico 81102 

1505) 243-5018 - Fax 1505) 243-3606 

I KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

(505) 243-5018 - Fax 15051 243-3606 

I0 

1 Okay. Nobody else on the Board. All right. 

Is the Department aware of any other parson I 3 who has timely rubnitted his intent to present technical I 

1 STATE OF NEW UEXICO I 

2 I ss. 

3 COUNTY OF BERNALILLO I 

I 4 testimony? I 4 I n:uw 5 US. HUGHES: Madam Hearing Officer, the 

6 Department is not aware of anyone else who's filed a 

7 notice of intent. 

8 Thank you. 

5 

6 I, CHERYL ARREGUIN, the officer before whom the 

7 foregoing proceeding war taken. 60 hereby certify that 

8 the witneeses whose testimony appears in the foregoing 

I 9 Us. HERREFA: Are there any persona here who I 9 transcript were duly sworn or affirmed; that I I : 1 have siqned up to provide nontechnical testimony? 

11 Okay. At this time, I'm going to ark -- oops. 

12 oh, for brief closing argument or statement. 

13 Us. HUGHES: Undam Hearing Officer, the 

10 persanally recorded the testimony by machina shorthand; 

11 that said transcript is a true record of the t.rtimony 

12 Given by aiid vitncrres; that I am neither attorney nor 

13 counsel foz. nor related to or employed by any of the 

I 14 Department has nothing else other than, again, wa make I 14 partie. to the action in which this proceeding is taken, I II:(~W 15 the ~ane request, that the Board act on thir rule or 

16 .mendmcnts to Part 73 either at the close of your 

17 hearing today or before you clora your Board meeting 

I8 today or tomor~ow. 

I? Thank you. 

il:.~ur 20 Us. HERREFA: Thank you very much. 

21 Doas the Board have any problems with that? 

22 okay. 

23 Is there a reason why we should not close this 

24 public hearing? Do you -- from the Board, I'm asking, 

15 and that I aa not a relative or cmployce of any attorney 

16 or coun.=l employ=d by the p=rr$y.:~,q: yet ... &, 94~34@9 17 interested in the action. r,s~~.Tpl 18 

NOTARY PUBLIC CCR License Number: 21 

Expires: 12/31/03 

22 Uy Commission Expires: 12/10/03 

23 

24 

I 11:llwr 25 is there a reason why the record ehould remain open? I 25 I KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street. No~thwest, Albuquerqu~, New Uexico 87102 

1505) 243-5018 - Fax (505) 243-3606 

KATHY TOWNSLND COURT REPORTERS 

110 Twelfth street, Northwest, Albuquerque, Nav Ucrice 87102 

(505) 243-5010 - Fax (505) 243-3606 
KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

(505) 243-5018 - Fax (505) 243-3606 

L 

0 

03-08a - 6: 14 

03-08d - 1 :3, 5:4 

I 

1 - 414, 13:25, 14:8 

10 - 12:24 

100 - 10123, 12114 

101 - 12:1, 12:2 

111 - 218 

117,000 - 17:7 

1190 - 2:14 

11:25- 1:16, 5:2 

11:42 - 19:3 

12/10103 - 20:22 

12/31/03 - 20:20 

14 - 318, 4:4, 4:5 

Dioxide - 10:21, 

20.2.81 - 12:7 Albuquerque- 2:9 

community - 1 l:24 

compared - 17:6 

foregoing - 20:7, 

emissions - 36, 

319, 7:12, 93, 9:12, 

10:19, 11:12, 11:16, 

emit - 10:23, 12:13, 

cross-examined - 

ability - 9:20, 9:23 

aboveentitled - 

1:13 

accept - 14% 

accordance - 6:1, 

12:8 

acid - 12:20 

act - 18:15 

Act - 5:23, 5:24 

action - 20:14, 

20:17 

addition - 10:20 

additional - 1 l:4, 

13:8 

addressed - 10:lO 

adhere - ll:14 

adjourned - 19:3 

adjust - 15:24 

adjustment - 13:l 

2:3, 33, 5:10, 521, 

8:24, 14:13, 14:22, 

18:1, 18:158 18:17, 

18:21, 18:24 

Board's- 5:2, 6:2 

Boulevard - 2:8 

boundaries - 17:2 

brief - 7:6, 18:12 

briefly - 7:9 

Building - 135 

burdening - 6:7 

Bureau - 811, 11:1, 

13:3 

business - 9:22 . C , 

California- 16:5 

capital - 9:21 

Capitol- 1:15, 5:8 

decision - 11 :7 

declining - 9:14 

decorum - 6.1 1 

definition - 12:4 

definitions - 1 1 : 18 

Definitions- ll:19 

degree - 8:7 

Department - 2:11, 

2:13,5:13,7:14, 95, 

18:2, 18:6, 18:14 

designated -,5:10 

detailed - 6:13 

details - 11:6 

determine - 9:25, 

11:11, 13:18 

determined - 12:19 

develop - 8:16 

different - 10:2 

Dillingham - 2:4, 

16:18, 17:11, 17:16, 

establish - 518, 

13:12 

establishing - 5:5 

establishment - 

12:25 

Evidence - 6:8 

evidence - 14:9 

Examination - 3:6, 

3:8, 8:2, 14:21 

examine - 14:14 

examined -'6:23, 

14:18 

example - 16:2. 

exceed - 11 :12 

exceeded - 13:13, 

13:19 

Exhibit- 8:19, 

13:25, 14:2, 153, 

155 

exhibits - 143 
marked - 14:8 9:10, 9:11, 9:25, 

Markedladmitted - 

matter - 1:13, 511, 

proposed - 5:14, 

includes - 7:12, Mexico's - 17:lO 

Indian - 15:18 

indicate - 12:17 

individual - 10:13 requirements - 5:6, 

information - 11:9, 

informed - 11 :6 

Intent - 1 :5, 9:6 

interested - 20:17 

revisions - 6:14, 

Ritb 3:4,6:20. 7:3 

11:19, 11122, 13:4, 

needed - 13:9 Petition - 1 :4 14:1, 15:6, 18:15 

Nevada - 165 

KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

(505) 243-5018 - Fax (505) 243-3606 
KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

12:3, 12:6 

whichever - 13:2 

wish - 6:17, 75, 

14:14 

witness - 7:14 

Witnesses- 3:3 

witnesses - 7:16, 

14:15, 20:8, 20:12 

words - 1514 

Wrap- 13:ll 

written - 125, 14:3 

Wyoming- 17:9 

Y 

year - 12:14, 12:17, 

135, 15:19, 1520 

years-12:24,13:1 

second - 10:14 

Secretary - 2:4 

section - 12:2 

Section - 5:22, 5:23, 

8:12, 8:14, 10:20, 

11:2,12:1, 1212, 

12:12, 13:14, 1510 

set - 9:9, 15:21, 

1523 

several - 15:18 

shall - 6:9, 6:12 

shared - 11 :9 

shifts - 10:12 

shorthand - 20:lO 

signed - 18:lO 

simple - 13:18 

Sip- 515, 13:14, 

13:2 1 

Sips- 8:16 

smelters - 12:16, 

16:4 

Smith- 2:7 

S02- 7:12, 9:12, , 

9:14, 9:20, 10:19, 

11:20, 12:8, 12:10, 

12:15, 13:10, 13:12, 

13:19 

sorrf- 17:ll 

source - 10:16, 

(505) 243-5018 - Fax (505) 243-3606 

12:23, 16:25, 17:14 

stand - 6:18 

State- l:l, 1:15, 

states - 5:13, 5:17, 

sulfur - 5:6, 5:19, 

10:24, 11:7, 12:14, 

targets - 9:15, 9:17, 

9:25 

technical - 18:3 

techniques - 10:lO 

term - 9:22 

terms - 16:20, 16:22 

testified - 6:23 

testify - 6:17 

Testimony- 4:5 

testimony - 7:25, 

8:19, 125, 13:22, 

14:3, 18:4, 18:10, 

20:8, 20:10, 20:ll 

thereafter - 1520 

three - ll:18 

timely - 18:3 

Today- 5:7 

today-18:17,18:18 

tomorrow - 18:18 

ton - 10:14, 10:16 

tons - 10:24, 12:14, 

12:17, 165, 17:7, 

17:15 

total - 15:25, 17:14 

track - 5:19, 9:24, 

10:8, 11:15, 13:17 

tracked - 13:7 

tracking - 7:12, 9:9, 

9:12, 10:2, 10:18