Bill Richardson

Governor

State ofNew Mexico

Office ofthe Governor

May 6, 2008

Mr. Richard Greene, Regional Adminstrator

u.s. Environmental Protection Agency, Region 6

1445 Ross Avenue, Suite 1200

Dallas, TX 75202-2733

SUBJECT: Request For Approval OfRevision To The State Implementation Plan

For Air Quality

Dear Mr. Greene:

As provided by 40 CPR Part 51, Appendix V and 40 CPR Part 51, Subpart P, I am writing to request approval

ofthe attached documentation which will serve as the basis for a revision to the State Implementation Plan

(SIP) for New Mexico. Specifically, I am submitting documentation for the new regulation, 20.11.47 NMAC,

Emissions inventory Requirements, which applies to Bernalillo County, New Mexico.

The Albuquerque-Bernalillo County Air Quality Control Board (AQCB) approved this action on March 12,

2008, after a public comment period and corresponding public hearing held on March 12, 2008. The new

regulation, 20.11.47 NMAC, Emissions Inventory Requirements, was filed at the New Mexico State Records

Center on March 13,2008, and becomes effective May 1,2008. We believe that the submitted materials

provide adequate documentation to support the requested SIP revision.

To facilitate your review and processing, the following materials are enclosed:

1) SIP Completeness Checklist pursuant to 40 CPR 51

2) Hearing records, including transcripts and exhibits

3) Comments and responses

4) The fmal AQCB-approved SIP revision for the Emissions Inventory Requirements

Regulation

5) Other supporting documentation

Your favorable consideration ofthis request is appreciated. Ifyou have any questions, please contact John

Soladay, Acting Director ofthe Albuquerque Environmental Health Department (EHD), at (505) 768-2600.

Sincerely,

~~Bill Richardson

Governor ofNew Mexico

BR/zw

. cc: John Soladay, Acting Director, Albuquerque EHD

Mary Uhl, Chief, Air Quality Bureau, NM Environment Department

Isreal Tavarez, Environmental Engineering Manager, Air Quality Division (AQD)

Margaret Nieto, Control Strategies Section Supervisor, AQD

Enclosures

State Capitol • Room 400 • Santa Fe, NewMexico 87501 • 505-476-2200 • www;govemor.state.nm.us
SUBMITTAL LETTER FROM EHD DIRECTOR TO

GOVERNOR
CITY OF ALBUQ!JERQ!JE

ENVIRONMENTAL HEALTH DEPARTMENT

1'0_1293

---

NM87103

M.y 2,2008

Hon~Bill RicbardlIon.

Gov~ State of New Mexico -""'"

Capifol .,wding, ..... Floor

Sanlll Fe, NM 87503

SUBJECT: Ttansmitllll of &quest to the Environnu:ntal Protection Agency to

A~ >l. kvision to The S_ hnpkmentation PIm For Air Quality; 20.11.47

NMAC, Emi<rimu IHHid<try R.pi:_mu

I request your as&isbn<:c in the l1,msmittal of the utached documeawion, which will

oem as 1M. b:uis for a revision to the New Mt:zU:o Sta~ fmpkmentation Plu (SIP)

for Air Quality lUi provided by 40 CPR 51, AppcndixV and 40 CFRPart 51, SubpartP.

Specifically. I am asking for you to transmit to the U S. EnvironmeD.Ill1 PmtecGoo.

Agency (EPA), me attached documentation III • proposed SIP terision to iocOlpC'l&te

the recartly adopted new regulation, 20.11.47 NMAC, BmUsitnu l-.rtory "&t]1timJmw-.

whid1 ... ~tto Title I of the aean Air Act Am.....dments of 1990.

The request should be fonwrded to EPA Rqion 6 in Dalla, Te:us with a request fot

their approval by Wll}' of publication.in the Fecknl

The A!buqumq=-B.....aliOo County Air Quality Control Boud (AQCB) appro.ed this

SIP teVision on MBch 12, 2008, after a public comment pmod and cou:eaponAing

public ......ring held on March 12, 2008. The suhtnitted materials provide II«'.eSsaty

docuJncntation to support the tequested SIP revision.

, Alh'l",,¥1< - Mdi.,; Hi,,,,? 1706_2006
To facilitate your the followingmaterials are enclosed,

1) SIP Completeness Cheddist pursuant to 40 CFR 51, Appendil: V

2J Headng records. including tnnsaiptllllll.d exhibits

3) Commentllllll.d responses

4) The final AQCB-approved SIP revision for the Rt:guWion,

20.11.47 NMAC, EmirsitmrllWeI/IIIry ¥',.mts

5) Other supporting documentation

Your &rorab1e considlfttion of this request is lIf'Preciated. If you have any

questions, ple3se CODtact me at (505) 768-2600.

= Mike Minturn, Board Chair,.Air Qu2lity Control Board

Isre:aI Tavarez, Environmeot3l Engineering Air Qua1ity Division

MlIrgaret Nieto, Control Strategies Supervisor. AQD

,
1 

REVISION TO THE NEW MEXICO STATE IMPLEMENTATION PLAN 

PERTAINING TO 20.11.47 NMAC, EMISSIONS INVENTORY REQUIREMENTS

May, 2008 

SIP COMPLETENESS CHECKLIST 

for regular processing 

(per 40 CFR 51 Appendix V) 

2.1 Administrative Materials 

(a) A formal letter of submittal from the Governor or his designee, requesting EPA 

approval of the plan or revision thereof (hereafter "the plan"). 

__X__YES ___NO ___N/A 

This SIP Revision submission contains a formal transmittal letter from the 

Governor of the State of New Mexico. 

(b) Evidence that the State has adopted the plan in the State code or body of regulations; 

or issued the permit, order, consent agreement (hereafter "document") in final form. 

That evidence shall include the date of adoption or final issuance as well as the 

effective date of the plan, if different from the adoption/issuance date. 

__X__YES ___NO ___N/A 

The Albuquerque-Bernalillo County Air Quality Control Board held a 

public hearing on March 12, 2008 and adopted this new regulation at its March 

12, 2008 regular meeting following the hearing. 

The regulation, 20.11.47 NMAC, Emissions Inventory Requirements, was 

filed with the New Mexico State Records Center on March 13, 2008 and became 

effective on May 1, 2008. The first page of Attachment A is a transmittal of the 

regulation to the State Records Center signed by AQCB Chairman Jens Deichmann. 

 The date stamp at the top of the page indicates the date of filing. 
2 

(c) Evidence that the State has the necessary legal authority under State law to adopt and 

 implement the plan. 

__X__YES ___NO ___N/A 

The New Mexico Air Quality Control Act provides for authority to adopt 

regulations, adopt and revise plans under Section 74-2-5.

(d) A copy of the actual regulation, or document submitted for approval and 

incorporation by reference into the plan, including indication of the changes made to 

the existing approved plan, where applicable. The submittal shall be a copy of the 

official State regulation/document signed, stamped, dated by the appropriate State 

official indicating that it is fully enforceable by the State. The effective date of the 

regulation/document shall, whenever possible, be indicated in the document itself. 

__X__YES ___NO ___N/A 

Attachment B contains a copy of the new regulation filed at the State Records 

Center on March 13, 2008, which became effective on May 1, 2008. The new 

regulation was published on March 31, 2008 in the New Mexico Register, Volume 

XIX, Issue Number 6, see Attachment C.

(e) Evidence that the State followed all of the procedural requirements of the State's 

laws and constitution in conducting and completing the adoption/issuance of the 

plan. 

__X__YES ___NO ___N/A 

See Hearing Exhibits # AQD Exhibit # 5a and 5b in Attachment D. These 

provide evidence that legal notices were published in the local newspaper and the 

New Mexico Register. The New Mexico Air Quality Control Act 74-2-6C requires a 

30-day notice.
3 

(f) Evidence that public notice was given of the proposed change consistent with 

procedures approved by EPA; including the date of publication of such notice. 

__X__YES ___NO ___N/A 

See Hearing Exhibits AQD Exhibit # 4, 5a, 5b, and 6, in Attachment D. 

These provide evidence that public notices were published in the local newspaper 

and the New Mexico Register, as well as via e-mail and on the web. The New 

Mexico Air Quality Control Act 74-2-6C requires a 30-day notice. 

 (g) Certification that public hearing(s) were held in accordance with the information 

 provided in the public notice and the State's laws and constitution, if applicable. 

__X__YES ___NO ___N/A 

See transcriber's certification at end of the hearing transcripts in 

Attachment E.

(h) Compilation of public comments and the State's response thereto. 

__X__YES ___NO ___N/A 

See hearing exhibit AQD Exhibit # 9, in Attachment D, and see hearing 

transcripts in Attachment E for public comments and the State’s response 

respectively. 

2.2 Technical Support 

(a) Identification of all regulated pollutants affected by the plan. 

__ X __YES ___NO ___N/A 

 TSP, PM10, PM 2.5, NH3, SOX, NOX, CO, VOC, Pb, speciated HAPs, and 

GHG.
4 

 (b) Identification of the locations of affected sources including the EPA attainment/ 

 nonattainment designation of the locations and the status of the attainment plan for 

 the affected area(s). 

__X__YES ___NO ___N/A 

The regulation 20.11.47 NMAC, Emissions Inventory Requirements, applies 

to all stationary sources within Bernalillo County, New Mexico. Bernalillo County is 

currently designated as an attainment area for all criteria air pollutants except 

PM10 and CO. Bernalillo County is classified as unclassifiable for PM10, a status 

assigned to Bernalillo County in 1993. Bernalillo County is under a Limited 

Maintenance Plan for CO until 2016. 

(c) Quantification of the changes in plan-allowable emissions from the affected sources; 

estimates of changes in current actual emissions from affected sources or, where 

appropriate, quantification of changes in actual emissions from affected sources 

through calculations of the differences between certain baseline levels and allowable 

emissions anticipated as a result of the revision. 

____YES ___NO __ X __N/A 

(d) The State's demonstration that the national ambient air quality standards, prevention 

of significant deterioration (PSD) increments, reasonable further progress 

demonstration, and visibility, as applicable, are protected if the plan is approved and 

implemented. For all requests to redesignate an area to attainment for a national 

primary ambient air quality standard, under Section 107 of the Act, a revision must 

be submitted to provide for the maintenance of the national primary ambient air 

quality standards for at least 10 years as required by section 175A of the Act. 

___YES ___NO __ X __N/A 

This plan revision does not pertain to redesignating an area to attainment for 

a primary NAAQS, nor does it address PSD increments, nor does it address 

reasonable further progress requirements. This SIP Revision provides for a more 

robust emissions inventory program. 

(e) Modeling information required to support the proposed revision, including input 

 data, output data, models used, justification of model selections, ambient monitoring 

 data used, meteorological data used, justification for use of offsite data (where used), 

 modes of models used, assumptions, and other information relevant to the 

 determination of adequacy of the modeling analysis. 

__ YES ___ NO _ X __ N/A 
5 

(f) Evidence, where necessary, that emission limitations are based on continuous 

emission reduction technology. 

___ YES ___ NO _X_ N/A 

(g) Evidence that the plan contains emission limitations, work practice standards and 

record keeping/reporting requirements, where necessary, to ensure emission levels. 

_ X _ YES ___ NO ___ N/A 

 This rule contains no emission limits, work practice standards, or record 

keeping requirements; but it does have extensive reporting requirements. 

(h) Compliance/enforcement strategies, including how compliance will be determined in 

practice. 

__ YES ___ NO _ X __ N/A 

 

 (i) Special economic and technical justification required by any applicable EPA 

policies, or an explanation of why such justifications are not necessary. 

___ YES ___ NO _X_ N/A 

No special economic and technical justifications required by other applicable 

EPA policies are necessary. 
ATTACHMENT A 

Form(s) required for transmittal of regulations to the State Records 

Center signed by Air Quality Control Board Chairman. The date stamp at 

the top of the page indicates the date of filing. 
NMAC TRANSMITTAL FORM

1.24.10 NMAC

!\'i'1$s'uinj;g'en

Albuquuque· Berna Iillo County Air Quality Control Board

3.,'f.,'e,

C/O Environmental Health Department, Air Quality Division

P.O. Box 1293

Albu uer ue NM 87103

FiLE.OWdH

STATE RECORDS j~~~HEF

LiJGS MAR I 3 A1111: t 2

(505) 768-2617

~~~~-.,,' 0-·r-=,~--"'<~~;f,~~~'~";;':,ry'0"".... M?..7:;F1;::....~~Q%~~:?1· ...'W/~:~-"!"-1:rv ~;t:-M·<·~~ .. ~~'} "iZ~~.z:;;.;-).;

ik:~~~F.:.:~~:~~~ :fty $,'~~~A~§l~~~~;~~f~~~~~_

New' W

No X Yes

Amendment 0

P~BR listBttlJchmenl1l

and Internet s1te(6) " Bpplia,*

1.

2

3.

Repeal 0 Emergency 0

5-1-08

Name:

Title:

Jens Deichmann

yesD -...~ST ';'-il>'-J-,,~~~)~{"~

'.;;;A~~~.

Public domainD

"'P"'"~~~"

6 • I ); rl'

, ' " ' I

Date SI ned

SRC-20DO-02

5/2612000
ATTACHMENT B 

Copy of the new regulation as filed with the NM State Records Center 
TITLE 20

CHAPTER II

PART 47

FIU:.O Wil H

STATE RECORDS CF~HER

2001) MAR I 3 MIll: I 2

ENVIRONMENTAL PROTECTION

ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD

EMISSIONS INVENTORY REQUIREMENTS

20.11.47.1 ISSUING AGENCY: Albuquerque-Bernalillo County Air Quality Control Board, c/o

Environmental Health Department, P.O. Box 1293, Albuquerque, New Mexico 87103. Telephone: (505) 768-2601.

[20.11.47.1 NMAC - N, 5/1/08]

20.11.47.2 SCOPE: 20.11.47 NMAC applies to each person who owns or operates a source or who intends

to construct or modify a source within Bernalillo county, but does not apply to sources in Bernalillo county that are

located on Indian lands over which the Albuquerque-Bernalillo county air quality control board lacks jurisdiction.

[20.11.47.2 NMAC - N, 5/1/08]

20.11.47.3 STATUTORY AUTHORITY: 20.11.47 NMAC is adopted pursuant to the authority provided in

the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint Air Quality Control

Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance,

Revised Ordinances of Albuquerque ROA 1994 Section 9-5-1-4.

[20.11.47.3 NMAC - N, 5/1/08]

20.11.47.4 DURATION: Permanent.

[20.11.47.4 NMAC - N, 5/1/08]

20.11.47.5 EFFECTIVE DATE: May 1,2008 except where a later date is cited althe end ofa section.

[20.11.47.5 NMAC - N, 5/1/08]

20.11.47.6 OBJECTIVE: The objective of 20.11.47 NMAC is to establish requirements both for submitting

inventories of air contaminants to ensure that the regulations and standards under the Air Quality Control Act and

the federal act will not be violated and to require submission of data to quantify greenhouse gas emissions in

Bernalillo county.

[20.11.47.6 NMAC - N, 5/1/08]

20.11.47.7 DEFINITIONS: In addition to the definitions in 20.11.47 NMAC, the defmitions in 20.11.1

NMAC apply unless there is a conflict between definitions, in which case the defmition in 20.11.47 NMAC shall

govern.

A. "Actual emissions" means the quantified emissions ofa regulated air contaminant from a

stationary source for every 12-month period. Valid continuous emission monitoring data or source test data shall be

preferentially used to determine actual emissions. In the absence of valid continuous emissions monitoring data or

source test data, the basis for determining actual emissions shall be quantified using actual operating hours,

production rates, throughputs of process materials, throughputs of materials stored, usage of materials, data provided

in manufacturer's product specifications, material volatile organic compound (VOC) content repons, laboratory

analyses, or any other technically acceptable data as approved by the department in advance and in writing. All

calculations of actual emissions shall use USEPA or department approved methods including emission factors and

assumptions.

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

thereofthe operation ofwhich would limit, capture, reduce, confme, or otherwise control air contaminants or

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

C. "California climate action registry" means the voluntary registry for greenhouse gas emissions

established pursuant to California Health and Safety Code D. 26, Pt. 4, Ch. 6, as amended.

D. "Carbon dioxide" means the chemical compound containing one atom of carbon and two atoms

ofoxygen.

E. "Commencement" or "commence" means that an owner or operator has undertaken a

continuous program of construction or modification.

F "Construction" means fabrication. erection. installation or relocation ofa stationary source,

including temporary installations and portable stationary sources.

G. "Emissions report" or "emissions inventory" means a listing, by source, ofthe amount of air

contaminants and greenhouse gas emissions discharged into the atmosphere.

20.11.47 NMAC
H. "Fuel carbon content" means the mass of carbon per unit of heat content of a fuel.

I. "Fugitive emissions" are those emissions that could not reasonably pass through a stack,

chimney, vent, or other functionally-equivalent opening.

J. "Greenhouse gas" means any ofthe following: carbon dioxide, methane, nitrous oxide,

hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride.

K. "Greenhouse gas emissions reporting year" means the calendar year in which greenhouse gas

emissions required to be reported under 20. 11.47 NMAC occurred.

L. "Hydronuorocarbons" means gaseous chemical compounds containing only hydrogen, carbon,

and fluorine atoms.

M. "Methane" means the chemical compound containing one atom of carbon and four atoms of

hydrogen.

N. "Modification" means any physical change in, or change in the method of operation of, a

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

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

include:

(I) a change in ownership ofthe 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, undenaken 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, ifthe increase does not exceed the operating design

capacity ofthe source;

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

(c) use ofan 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 a natural gas

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

O. "Nitrous oxide" means the chemical compound containing rwo atoms of nitrogen and one atom

of oxygen.

P. "Nonattainment area" means, for any air pollutant, an area that has been designated as a

nonattainment area under Section 107 ofthe federal act.

Q. "Operator" means the person or persons responsible for the overall operation ofa facility.

R. "Owner" means the person or persons who own a facility or part ofa facility.

S. "Pernuorocarbons" means gaseous chemical compounds containing only carbon and fluorine

atoms.

T. "Portable stationary source" means a source that can be relocated to another operating site with

limited dismantling and reassembly, including as an example, moveable sand and gravel processing operations and

asphalt plants.

U. "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 a physical or operational limitation on

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

restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored or processed, shall be

treated as part ofits physiCal and operational design only ifthe 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.

V. "Potential to emit" means the maximum capacity of a stationary source to emit an air

contaminant under its physical and operational design, except that a physical or operational limitation on the

capacity of a source to emit an air contaminant, including air pollution control equipment and restrictions on hours

ofoperation or on the type or amount of material combusted, stored, or processed, shall be treated as part ofits

design ifthe limitation is federally enforceable; however, the potential to emit for nitrogen dioxide shall be based on

total oxides ofnitrogen.

W. "Regulated air contaminant" means an air contaminant, the emission or ambient concentration

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

X. "Responsible person" or "responsible official" means the person designated in a pennit or

source registration, who is responsible for complying with the permit, or source registration and 20.I 1.47 NMAC.

Y. "Shutdown" means the cessation ofoperation of air pollution control equipment, process

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

20.11.47 NMAC 2
z. "Stationary source" or "source" means a structure, building, equipment, facility, installation

(including temporary installations), operation or portable stationary source that emits or may emit an air

contaminant; a research facility may group its sources for the purpose of20.11.47 NMAC with the prior written

approval ofthe director ofthe department.

AA. "Sulfur hexafluoride" means the chemical compound containing one atom ofsulfur and six

atoms offluorine.

BB. "Sulfur oxides" means compounds containing sulfur and oxygen, including sulfur dioxide (SO,).

Ce. "The climate registry" means the nonprofit corporation entitled ''the climate registry" that is

incorporated pursuant to the District ofColumbia nonprofit corporation act for the purpose of creating and operating

a multi-state greenhouse gas emissions registry.

DD. "Westeru backstop sulfur dioxide tradiug program" means 20.11.46 NMAC, iftriggered as a

backstop in accordance with the provisions ofthe section 309 regional haze state implementation plan elementfor

Albuquerque-Bernalillo county. New Mexico, to reduce regional sulfur dioxide emissions.

[20.11.47.7 NMAC - N, 511108]

20.11.47.8 VARIANCES: No person can obtain a variance from the requirements of20.11.47 NMAC.

[20.11.47.8 NMAC - N, 511108]

20.11.47.9 SEVERABILITY: Iffor any reason any section, subsection, sentence, phrase, clause or wording

of20.1 1.47 NMAC is held to be unconstitutional or otherwise invalid by any court or the United States

environmental protection agency, the decision shall not affect the validity ofremaining portions of20.11.47 NMAC.

[20.11.47.9 NMAC - N, 511108]

20.11.47.10 CONSTRUCTION: 20.11.47 NMAC shall be liberally construed to carry out its purpose.

[20.11.47.IONMAC - N, 511108]

20.11.47.11 SAVINGS CLAUSE: The filing of20.11.47 NMAC, Emissions Irrventory Requirements, and the

filing of any amendment to 20.11.47 NMAC with the state records center and archives shall not affect any action

pending for violation of a city or county ordinance, a board regulation, or a permit, and shall not affect a petition

filed pursuant to 20.11.47 NMAC. Prosecution for violation ofa prior statute, ordinance, part or permit shall be

governed and prosecuted under the statute, ordinance, part or permit wording in effect at the time the violation was

committed.

[20.1 1.47.II NMAC - N, 511108]

20.11.47.12 COMPLIANCE WITH OTHER REGULATIONS: Compliance with 20.11.47 NMAC does

not relieve a person from responsibility for complying with any other applicable federal, state, or local regulations.

[20.11.47.12 NMAC - N, 511108]

20.11.47.13 DOCUMENTS: Documents incorporated and cited in 20.11.47 NMAC may be viewed at the

Albuquerque environmental health department, Suite 3023, One Civic Plaza, 400 Marquette NW, Albuquerque,

NM.

[20.11.47.13 NMAC - N, 5/1/08]

20.11.47.14 EMISSIONS INVENTORY REQUIREMENTS:

A. Applicability. 20.11.47.14 NMAC applies to the owner or operator of every stationary source,

located within Bernalillo county that:

(1) has an active permit issued pursuant to 20.11.4 1 NMAC, Authority to Construct, or 20.11.42

NMAC, Operating Permits; or

(2) is required to file a source registration pursuant to 20.1 1.40 NMAC, Source Registration.

B. Reportiug requirements.

(1) A source that meets requirements under Subsection A of20.11.47.14 NMAC shall submit an

emissions report annually. A source is not required to submit an emissions report more frequently than annually.

(2) The department will provide a complete copy of an owner or operator's submitted emissions

report when requested in writing by the owner or operator.

20.11.47 NMAC 3
(3) The owner or operator shall submit to the department a complete, correct and current emissions

report in the fonnat specified by the department; the report shall state accurately the emissions of all air pollutants

included in the pennit requested for any specified calendar year.

(4) Except as provided in Paragraph (5) of Subsection B of20.11.47.14 NMAC, ifthe owner or

operator is required to submit an emissions report to the department, the owner or operator shall submit the report by

March 15 for the previous calendar year or any other calendar year.

(5) Sources required by a pennitto submit an annual emissions report on a specific date shall submit

the report on the specified date.

C. Content of emissions reports. Emissions report contents for reports required by Subsection B of

20.11.47.14 NMAC shall include:

(1) the air quality stationary source pennit number or source registration number;

(2) the name, address, if any, and physical location ofthe stationary source;

(3) the name and telephone number ofthe person to contact regarding the emissions report;

(4) a certification signed by the owner, or operator, or a responsible official or designated

representative, attesting that the statements and infonnation contained in the emissions report are true and accurate

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

signature, and telephone number ofthe certifying official; for sources subject to 20.11.42 NMAC, the certification

shall be made as required by 20.11.42 NMAC;

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

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

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

(c) schedule ofoperation;

(d) annual process or fuel combustion rates;

(e) fuel heat, sulfur, and ash content;

(I) estimated actual emissions in pounds per year oftotal suspended partiCUlate, PMIO, PM2.5,

ammonia, sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead, including fugitive

emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime;

(g) speciated hazardous air pollutants, ifrequested by the department; and

(h) a description ofthe methods utilized to make the estimates, including calculations;

(6) for smelters, an annual report ofsulfur input stated in tons per year; and

(7) all infonnation required by 40 CFR Part 51, Subpart A, Emissions Inventory Reporting

Requirements, as amended.

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

addition to the contents required by Subsection C of20.11.47.14 NMAC, emissions reports from sources located in

ozone nonattainrnent areas that emit nitrogen oxides and volatile organic compounds shall also include the following

infonnation:

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

by the department;

(2) estimated actual emissions of nitrogen oxides and volatile organic compounds in pounds per day

for a typical day during the peak ozone season for:

(a) each emissions point; and

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

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

requirements ofParagraph (5) of Subsection C of 20.11.47.14 NMAC for emissions that the department detennines

to be insignificant pursuant to 20.11.42 NMAC, except the following shall not be waived:

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

nonattailunent;and

(2) emissions reporting required by the federal act.

F. Emission tracking requirements for sulfur dioxide emission inventories. In addition to

complying with the requirements of Subsections A through E of20.11.47.14 NMAC, an owner may be subject to

20.11.46 NMAC, Sulfur Dioxide Emissions Irrventory Requirements; Western Backstop Sulfur Dioxide Trading

Program.

[20.11.47.14 NMAC - N, 5/1/08)

20.11.47.15 GREENHOUSE GAS EMISSIONS INVENTORY REQUIREMENTS:

20.11.47 NMAC 4
A. Applicability. 20.11.47.15 NMAC applies to tbe owner or operator of every stationary source,

located witbin Bernalillo county tbat emits a greenhouse gas as defined in Subsection J of 20.11.47.7 NMAC and:

(1) has an active permit issued pursuant to 20.11.41 NMAC, Authority to Construct, or 20.11.42

NMAC, Operating Permits; or

(2) is required to file a source registration pursuant to 20.11.40 NMAC, Source Registration.

B. Reporting requirements.

(1) Any stationary source subject to 20.11.47.15 NMAC, if requested by tbe department, shall:

(a) submit a greenhouse gas emissions inventory by tbe deadline and as required by tbe

greenhouse gas emissions reporting procedures established by tbe department, but not more often tban annually; or

(b) report greenhouse gas emissions from tbe stationary source in accordance witb 20.11.48

NMAC;or

(c) provide tbe department witb access to tbe requested information for tbe greenhouse gas

emissions reporting year registered in eitber tbe climate registry or tbe California climate action registry.

(2) When tbe department determines tbe deadlines for submitting greenhouse gas emissions reports

and reporting procedures, tbe department shall provide an opportunity for public comment, and shall consider:

(a) public comments regarding tbe schedule oftbe reports and greenhouse gas emissions

reporting procedures;

(b) emissions quantification standards and best practices approved or recommended by federal

and state agencies, by greenhouse gas emissions registries, and by non-governmental bodies having expertise in

greenhouse gas emissions quantification;

(c) whetber, considering the amount and chemical composition oftbe emissions, greenhouse

gas emissions from a particular source or source type are expected to be insignificant relative to emissions from

other sources or source types; and

(d) whether, considering the amount and chemical composition oftbe emissions, emissions of a

particular greenhouse gas from a source or source type are expected to be insignificant relative to tbe total

greenhouse gas emissions from tbat source or source type.

C. Content of greenbouse gas emissions reports. If a greenhouse gas emissions report is required

by Subparagraph (a) ofParagraph (I) of Subsection B of20.11.47.15 NMAC, tben tbe report shall contain the same

information required by Paragraphs (I) tbrough (4) ofSubsection C of20.11.47.14 NMAC as well as tbe following

information: for each emission point, as required by tbe department under tbe greenhouse gas emissions reporting

procedures or otber metbodologies and procedures approved by tbe department in advance and in writing, tbe

estimated actual emissions of greenhouse gases, including fugitive emissions and emissions occurring during

maintenance, start-ups, shutdowns, upsets and downtime.

[20.11.47.15 NMAC - N, 5/1108]

HISTORY OF 20.11.47 NMAC:

Pre-NMAC History: none.

History of Repealed Material: [Reserved]

NMAC History: [Reserved]

20.11.47NMAC 5
ATTACHMENT C 

Copy of the new regulation as published in the New Mexico Register
New Mexico Register / Volume XIX, Number 6 / March 31, 2008 

20.11.47 NMAC 1

TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 11 ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD 

PART 47 EMISSIONS INVENTORY REQUIREMENTS

20.11.47.1 ISSUING AGENCY: Albuquerque-Bernalillo County Air Quality Control Board, c/o 

Environmental Health Department, P.O. Box 1293, Albuquerque, New Mexico 87103. Telephone: (505) 768-2601. 

[20.11.47.1 NMAC - N, 5/1/08] 

20.11.47.2 SCOPE: 20.11.47 NMAC applies to each person who owns or operates a source or who intends 

to construct or modify a source within Bernalillo county, but does not apply to sources in Bernalillo county that are 

located on Indian lands over which the Albuquerque-Bernalillo county air quality control board lacks jurisdiction. 

[20.11.47.2 NMAC - N, 5/1/08] 

20.11.47.3 STATUTORY AUTHORITY: 20.11.47 NMAC is adopted pursuant to the authority provided in 

the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint Air Quality Control 

Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance, 

Revised Ordinances of Albuquerque ROA 1994 Section 9-5-1-4. 

[20.11.47.3 NMAC - N, 5/1/08] 

20.11.47.4 DURATION: Permanent. 

[20.11.47.4 NMAC - N, 5/1/08] 

20.11.47.5 EFFECTIVE DATE: May 1, 2008 except where a later date is cited at the end of a section. 

[20.11.47.5 NMAC - N, 5/1/08] 

 

20.11.47.6 OBJECTIVE: The objective of 20.11.47 NMAC is to establish requirements both for submitting 

inventories of air contaminants to ensure that the regulations and standards under the Air Quality Control Act and 

the federal act will not be violated and to require submission of data to quantify greenhouse gas emissions in 

Bernalillo county. 

[20.11.47.6 NMAC - N, 5/1/08] 

20.11.47.7 DEFINITIONS: In addition to the definitions in 20.11.47 NMAC, the definitions in 20.11.1 

NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.47 NMAC shall 

govern. 

A. “Actual emissions" means the quantified emissions of a regulated air contaminant from a 

stationary source for every 12-month period. Valid continuous emission monitoring data or source test data shall be 

preferentially used to determine actual emissions. In the absence of valid continuous emissions monitoring data or 

source test data, the basis for determining actual emissions shall be quantified using actual operating hours, 

production rates, throughputs of process materials, throughputs of materials stored, usage of materials, data provided 

in manufacturer's product specifications, material volatile organic compound (VOC) content reports, laboratory 

analyses, or any other technically acceptable data as approved by the department in advance and in writing. All 

calculations of actual emissions shall use USEPA or department approved methods including emission factors and 

assumptions. 

B. "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. 

C. "California climate action registry" means the voluntary registry for greenhouse gas emissions 

established pursuant to California Health and Safety Code D. 26, Pt. 4, Ch. 6, as amended. 

D. “Carbon dioxide” means the chemical compound containing one atom of carbon and two atoms 

of oxygen. 

E. "Commencement" or “commence” means that an owner or operator has undertaken a 

continuous program of construction or modification. 

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

including temporary installations and portable stationary sources. 

G. “Emissions report” or “emissions inventory” means a listing, by source, of the amount of air 

contaminants and greenhouse gas emissions discharged into the atmosphere. 
New Mexico Register / Volume XIX, Number 6 / March 31, 2008 

20.11.47 NMAC 2

H. “Fuel carbon content” means the mass of carbon per unit of heat content of a fuel. 

I. "Fugitive emissions" are those emissions that could not reasonably pass through a stack, 

chimney, vent, or other functionally-equivalent opening. 

J. "Greenhouse gas" means any of the following: carbon dioxide, methane, nitrous oxide, 

hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride. 

K. "Greenhouse gas emissions reporting year” means the calendar year in which greenhouse gas 

emissions required to be reported under 20.11.47 NMAC occurred. 

L. “Hydrofluorocarbons” means gaseous chemical compounds containing only hydrogen, carbon, 

and fluorine atoms. 

M. “Methane” means the chemical compound containing one atom of carbon and four atoms of 

hydrogen. 

N. "Modification" means any physical change in, or change in the method of operation of, a 

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

the source or that 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 the 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 a natural gas 

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

O. “Nitrous oxide” means the chemical compound containing two atoms of nitrogen and one atom 

of oxygen. 

P. "Nonattainment area" means, for any air pollutant, an area that has been designated as a 

nonattainment area under Section 107 of the federal act. 

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

R. "Owner" means the person or persons who own a facility or part of a facility. 

S. “Perfluorocarbons” means gaseous chemical compounds containing only carbon and fluorine 

atoms. 

T. "Portable stationary source" means a source that can be relocated to another operating site with 

limited dismantling and reassembly, including as an example, moveable sand and gravel processing operations and 

asphalt plants. 

U. "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 a 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. 

V. "Potential to emit" means the maximum capacity of a stationary source to emit an air 

contaminant under its physical and operational design, except that a physical or operational limitation on the 

capacity of a source to emit an 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 

design if the limitation is federally enforceable; however, the potential to emit for nitrogen dioxide shall be based on 

total oxides of nitrogen. 

W. "Regulated air contaminant" means an air contaminant, the emission or ambient concentration 

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

 X. “Responsible person” or “responsible official” means the person designated in a permit or 

source registration, who is responsible for complying with the permit, or source registration and 20.11.47 NMAC. 

 Y. "Shutdown" means the cessation of operation of air pollution control equipment, process 

equipment or process for any purpose, except routine phasing out of batch process units. 
New Mexico Register / Volume XIX, Number 6 / March 31, 2008 

20.11.47 NMAC 3

Z. "Stationary source" or "source" means a structure, building, equipment, facility, installation 

(including temporary installations), operation or portable stationary source that emits or may emit an air 

contaminant; a research facility may group its sources for the purpose of 20.11.47 NMAC with the prior written 

approval of the director of the department. 

AA. “Sulfur hexafluoride” means the chemical compound containing one atom of sulfur and six 

atoms of fluorine. 

BB. “Sulfur oxides” means compounds containing sulfur and oxygen, including sulfur dioxide (SO2). 

CC. “The climate registry” means the nonprofit corporation entitled “the climate registry” that is 

incorporated pursuant to the District of Columbia nonprofit corporation act for the purpose of creating and operating 

a multi-state greenhouse gas emissions registry. 

DD. “Western backstop sulfur dioxide trading program” means 20.11.46 NMAC, if triggered as a 

backstop in accordance with the provisions of the section 309 regional haze state implementation plan element for 

Albuquerque-Bernalillo county, New Mexico, to reduce regional sulfur dioxide emissions. 

[20.11.47.7 NMAC - N, 5/1/08] 

20.11.47.8 VARIANCES: No person can obtain a variance from the requirements of 20.11.47 NMAC. 

[20.11.47.8 NMAC - N, 5/1/08] 

20.11.47.9 SEVERABILITY: If for any reason any section, subsection, sentence, phrase, clause or wording 

of 20.11.47 NMAC is held to be unconstitutional or otherwise invalid by any court or the United States 

environmental protection agency, the decision shall not affect the validity of remaining portions of 20.11.47 NMAC. 

[20.11.47.9 NMAC - N, 5/1/08] 

20.11.47.10 CONSTRUCTION: 20.11.47 NMAC shall be liberally construed to carry out its purpose. 

[20.11.47.10 NMAC - N, 5/1/08] 

20.11.47.11 SAVINGS CLAUSE: The filing of 20.11.47 NMAC, Emissions Inventory Requirements, and the 

filing of any amendment to 20.11.47 NMAC with the state records center and archives shall not affect any action 

pending for violation of a city or county ordinance, a board regulation, or a permit, and shall not affect a petition 

filed pursuant to 20.11.47 NMAC. Prosecution for violation of a prior statute, ordinance, part or permit shall be 

governed and prosecuted under the statute, ordinance, part or permit wording in effect at the time the violation was 

committed. 

[20.11.47.11 NMAC - N, 5/1/08] 

20.11.47.12 COMPLIANCE WITH OTHER REGULATIONS: Compliance with 20.11.47 NMAC does 

not relieve a person from responsibility for complying with any other applicable federal, state, or local regulations. 

[20.11.47.12 NMAC - N, 5/1/08] 

20.11.47.13 DOCUMENTS: Documents incorporated and cited in 20.11.47 NMAC may be viewed at the 

Albuquerque environmental health department, Suite 3023, One Civic Plaza, 400 Marquette NW, Albuquerque, 

NM. 

[20.11.47.13 NMAC - N, 5/1/08] 

20.11.47.14 EMISSIONS INVENTORY REQUIREMENTS:

 A. Applicability. 20.11.47.14 NMAC applies to the owner or operator of every stationary source, 

located within Bernalillo county that: 

 (1) has an active permit issued pursuant to 20.11.41 NMAC, Authority to Construct, or 20.11.42 

NMAC, Operating Permits; or 

 (2) is required to file a source registration pursuant to 20.11.40 NMAC, Source Registration. 

 B. Reporting requirements.

 (1) A source that meets requirements under Subsection A of 20.11.47.14 NMAC shall submit an 

emissions report annually. A source is not required to submit an emissions report more frequently than annually. 

 (2) The department will provide a complete copy of an owner or operator’s submitted emissions 

report when requested in writing by the owner or operator. 
New Mexico Register / Volume XIX, Number 6 / March 31, 2008 

20.11.47 NMAC 4

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

report in the format specified by the department; the report shall state accurately the emissions of all air pollutants 

included in the permit requested for any specified calendar year. 

 (4) Except as provided in Paragraph (5) of Subsection B of 20.11.47.14 NMAC, if the owner or 

operator is required to submit an emissions report to the department, the owner or operator shall submit the report by 

March 15 for the previous calendar year or any other calendar year. 

 (5) Sources required by a permit to submit an annual emissions report on a specific date shall submit 

the report on the specified date. 

 C. Content of emissions reports. Emissions report contents for reports required by Subsection B of 

20.11.47.14 NMAC shall include: 

 (1) the air quality stationary source permit number or source registration number; 

 (2) the name, address, if any, and physical location of the stationary source; 

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

 (4) a certification signed by the owner, or operator, or a responsible official or designated 

representative, attesting that the statements and information contained in the emissions report are true and accurate 

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

signature, and telephone number of the certifying official; for sources subject to 20.11.42 NMAC, the certification 

shall be made as required by 20.11.42 NMAC; 

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

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

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

 (c) schedule of operation; 

 (d) annual process or fuel combustion rates; 

 (e) fuel heat, sulfur, and ash content; 

 (f) estimated actual emissions in pounds per year of total suspended particulate, PM10, PM2.5, 

ammonia, sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead, including fugitive 

emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime; 

 (g) speciated hazardous air pollutants, if requested by the department; and 

 (h) a description of the methods utilized to make the estimates, including calculations; 

 (6) for smelters, an annual report of sulfur input stated in tons per year; and 

 (7) all information required by 40 CFR Part 51, Subpart A, Emissions Inventory Reporting 

Requirements, as amended. 

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

addition to the contents required by Subsection C of 20.11.47.14 NMAC, emissions reports from sources located in 

ozone nonattainment areas that emit nitrogen oxides and volatile organic compounds shall also include the following 

information: 

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

by the department; 

 (2) estimated actual emissions of nitrogen oxides and volatile organic compounds in pounds per day 

for a typical day during the peak ozone season for: 

 (a) each emissions point; and 

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

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

requirements of Paragraph (5) of Subsection C of 20.11.47.14 NMAC for emissions that the department determines 

to be insignificant pursuant to 20.11.42 NMAC, except the following shall not be waived: 

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

nonattainment; and 

 (2) emissions reporting required by the federal act. 

 F. Emission tracking requirements for sulfur dioxide emission inventories. In addition to 

complying with the requirements of Subsections A through E of 20.11.47.14 NMAC, an owner may be subject to 

20.11.46 NMAC, Sulfur Dioxide Emissions Inventory Requirements; Western Backstop Sulfur Dioxide Trading

Program. 

[20.11.47.14 NMAC - N, 5/1/08] 

20.11.47.15 GREENHOUSE GAS EMISSIONS INVENTORY REQUIREMENTS:
New Mexico Register / Volume XIX, Number 6 / March 31, 2008 

20.11.47 NMAC 5

 A. Applicability. 20.11.47.15 NMAC applies to the owner or operator of every stationary source, 

located within Bernalillo county that emits a greenhouse gas as defined in Subsection J of 20.11.47.7 NMAC and: 

 (1) has an active permit issued pursuant to 20.11.41 NMAC, Authority to Construct, or 20.11.42 

NMAC, Operating Permits; or 

 (2) is required to file a source registration pursuant to 20.11.40 NMAC, Source Registration. 

 B. Reporting requirements.

 (1) Any stationary source subject to 20.11.47.15 NMAC, if requested by the department, shall:

 (a) submit a greenhouse gas emissions inventory by the deadline and as required by the 

greenhouse gas emissions reporting procedures established by the department, but not more often than annually; or 

 (b) report greenhouse gas emissions from the stationary source in accordance with 20.11.48 

NMAC; or 

 (c) provide the department with access to the requested information for the greenhouse gas 

emissions reporting year registered in either the climate registry or the California climate action registry. 

 (2) When the department determines the deadlines for submitting greenhouse gas emissions reports 

and reporting procedures, the department shall provide an opportunity for public comment, and shall consider: 

 (a) public comments regarding the schedule of the reports and greenhouse gas emissions 

reporting procedures; 

 (b) emissions quantification standards and best practices approved or recommended by federal 

and state agencies, by greenhouse gas emissions registries, and by non-governmental bodies having expertise in 

greenhouse gas emissions quantification; 

 (c) whether, considering the amount and chemical composition of the emissions, greenhouse 

gas emissions from a particular source or source type are expected to be insignificant relative to emissions from 

other sources or source types; and 

 (d) whether, considering the amount and chemical composition of the emissions, emissions of a 

particular greenhouse gas from a source or source type are expected to be insignificant relative to the total 

greenhouse gas emissions from that source or source type. 

 C. Content of greenhouse gas emissions reports. If a greenhouse gas emissions report is required 

by Subparagraph (a) of Paragraph (1) of Subsection B of 20.11.47.15 NMAC, then the report shall contain the same 

information required by Paragraphs (1) through (4) of Subsection C of 20.11.47.14 NMAC as well as the following 

information: for each emission point, as required by the department under the greenhouse gas emissions reporting 

procedures or other methodologies and procedures approved by the department in advance and in writing, the 

estimated actual emissions of greenhouse gases, including fugitive emissions and emissions occurring during 

maintenance, start-ups, shutdowns, upsets and downtime. 

[20.11.47.15 NMAC - N, 5/1/08] 

HISTORY OF 20.11.47 NMAC:

Pre-NMAC History: none. 

History of Repealed Material: [Reserved] 

NMAC History: [Reserved] 
ATTACHMENT D 

Hearing Exhibits
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: AIR QUALITY CONTROL BOARD :

: PUBLIC HEARING :

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: New Regulation :

: 20.11.47 NMAC, Emissions Inventory :

: Requirements :

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AQDEx.#1-20.11.47 AC,

Emissions Inventory Requirements

Proposed Regulation

ACD Ex. # 2 & #2a-Stakeholder

Outreach Process Documents

AQD Ex. # 3-Email to Stakeholders

with attached Final Stakeholder

Review Draft

AQD Ex. # 4-List Serve otice of Legal

Ad for 20.11.47 NMAC, Emissions

Inventory Requirement Hearing

AQD Ex. # 5a-New Me){ico Register Legal Ad for

20.11.47 NMAC, Emissions Inventory

Requirements Hearing

Ex. #5b-Alb. Journal Legal Ad for 20.11.47 NMAC

Emissions Inventory Requirements Hearing

AQD Ex. # 6-AQD Website Posting of

20.11.47 NMAC, Emissions Inventory

Requirements Public Review Draft:

AQD Ex.# 7-Email to EPA Review &

Comment for 20.11.47 NMAC

AQD Ex. # 8-City of Albuquerque's Air

Quality Division's Notice of Intent

AQD Ex. #9-Stakeholder CommentsBrewer Oil, UNM, M. Dear, Kirtland

AFB, S. Finch, GCC

AQD Ex. #1 Oa-20.11.47 NMAC with NM

Records Center Formatting Modification

Ex. #10b-Staff Floor Amendment
20.11.47.5 EFFECTIVE DATE: May 1,2008 except where a later date is cited at the end ofa seetion.

[20.11.47.5 NMAC - N, 5/1/08]

20.11.47.4 DURATION: Permanent.

[20.11.47.4 NMAC - N, 5/1/08]

20.11.47.1 ISSUING AGENCY: Albuquerque-Bernalillo County Air Quality Control Board, c/o

Environmental Health Department, P.O. Box 1293, Albuquerque, New Mexico 87103. Telephone: (505) 768-2601.

[20.11.47.1 NMAC - N, 5/1/08]

20.11.47.2 SCOPE: 20.11.47 NMAC applies to each person who owns or operates a source or who intends

to construct or modify a source within Bernalillo county, but does not apply to sources in Bernalillo county that are

located on Indian lands over which the Albuquerque-Bernalillo county air quality control board lacks jurisdiction.

[20.11.47.2 NMAC - N, 5/1/08]

ENVIRONMENTAL PROTECTION

ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD

EMISSIONS INVENTORY REQUIREMENTS

TITLE 20

CHAPTER 11

PART47

20.11.47.3 STATUTORY AUTHORITY: 20.11.47 NMAC is adopted pursuant to the authority provided in

the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint Air Quality Control

Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance,

Revised Ordinances ofAlbuquerque ROA 1994 Section 9-5-1-4.

[20.11.47.3 NMAC - N, 5/1/08]

20.11.47.6 OBJECTIVE: The objective of 20.1 1.47 NMAC is to establish requirements both for submitting

inventories of air contaminants to ensure that the regulations and standards under the Air Quality Control Act and

the Federal Act will not be violated and to require submission of data to quantify greenhouse gas emissions in

Bernalillo eounty.

[20.11.47.6 NMAC - N, 5/1/08]

20.11.47.7 DEFINITIONS: In addition to the definitions in 20.11.47 NMAC, the definitions in 20.1 I.1

NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.47 NMAC shall

govern.

A. "Actual Emissions" means the quantified emissions of a regulated air contaminant from a

stationary source for every 12-month period. Valid continuous emission monitoring data or source test data shall be

preferentially used to determine actual emissions. In the absence of valid continuous emissions monitoring data or

source test data, the basis for determining actual emissions shall be quantified using actual operating hours,

production rates, throughputs of proeess materials, throughputs of materials stored, usage of materials, data provided

in manufacturer's produet specifications, material volatile organic compound (VOC) content reports, laboratory

analyses, or any other technically acceptable data as approved by the Department in advanee and in writing. All

calculations of actual emissions shall use USEPA or department approved methods including emission factors and

assumptions.

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

thereofthe operation ofwhich would limit, capture, reduce, confine, or otherwise control air eontaminants or

convert for the purposes of control any air contaminant to another form, another ehemical or another physical state.

. C. "California climate action registry" means the voluntary registry for greenhouse gas emissions

established pursuant to California Health and Safety Code D. 26, Pt. 4, Ch. 6, as amended.

. D. "Carbon dioxide'" means the chemical compound containing one atom of carbon and two atoms

of oxygen.

E. "Commencement" or "commence" means that an owner or operator has undertaken a

continuous program of construction or modification.

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

including temporary installations and portable stationary sources.

G. "Emissions report" or "emissions inventory" means a listing, by source, ofthe amount of air

contaminants and greenhouse gas emissions discharged into the atmosphere.

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H. "Fuel carbon content" means the mass of carbon per unit of heat content of a fuel.

I. "Fugitive emissions" are those emissions that could not reasonably pass through a stack,

chimney, vent, or other functionally-equivalent opening.

J. "Greenhouse gas" means any ofthe following: carbon dioxide, methane, nitrous oxide,

hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride.

K. "Greenhouse gas emissions reporting year" means the calendar year in which greenhouse gas

emissions required to be reported under 20.11.47 N:tv1AC oecurred.

L. "Hydrofluorocarbons" means gaseous chemical compounds containing only hydrogen, carbon,

and fluorine atoms.

M. "Methane" means the chemical compound containing one atom of carbon and four atoms of

hydrogen.

N. "Modification" means any physical change in, or change in the method of operation of, a

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

the source or that 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 pennit conditions:

(a) an increase in the production rate, if the increase does not execed 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 ifuse of an alternate fuel or raw material is caused by a natural gas

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

O. "Nitrous oxide" means the chemical compound containing two atoms of nitrogen and one atom

of oxygen.

P. "Nonattainment area" means, for any air pollutant, an area that has been designated as a

nonattainment area under Section 107 ofthe federal Act.

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

R. "Owner" means the person or persons who own a facility or part of a facility.

S. "Perfluorocarbons" means gaseous chemical compounds containing only carbon and fluorine

atoms.

T. "Portable stationary source" means a sourcc that can be relocated to another operating site with

limited dismantling and reasscmbly, including as an example, moveable sand and gravel processing operations and

asphalt plants.

U. "Potential emission rate" means the emission rate ofa source at its maximum capacity to emit a

regulated air contaminant under its physical and operational design, provided a 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 ofits physical and operational design only ifthc 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.

V. "Potential to emit" means the maximum capacity ofa stationary source to emit an air

contaminant under its physical and operational dcsign, except that a physieal or operational limitation on the

capacity of a source to emit an air contaminant, including air pollution control equipment and restrictions on hours

of operation or on the type or amount ofmaterial combusted, stored, or processed, shall be treated as part of its

design if the limitation is fedcrally enforceable; however, the potential to emit for nitrogen dioxide shall be based on

total oxides of nitrogen.

W. "Regulated air contaminant" means an air contaminant, the emission or ambient coneentration

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

X. "Responsible person" or "responsible official" means the person designated in a pennit or

source registration, who is responsible for complying with the pennit, or source registration and 20.11.47 NMAC.

Y. "Shutdown" means the cessation of operation of air pollution control equipment, process

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

20.11.47 NMAC Public Review Draft 1/26/08 20f5
20.11.47.10 CONSTRUCTION: 20.11.47 NMAC shall be liberally construed to carry out its purpose.

[20.11.47.10 NMAC - N, 5/1/08]

20.11.47.8 VARIANCES: No person can obtain a variance from the requirements of 20.11.47 NMAC.

[20.11.47.8 NMAC -N, 5/1/08]

20.11.47.12 COMPLIANCE WITH OTHER REGULATlONS: Compliance with 20.11.47 NMAC does

not relieve a person from responsibility for complying with any other applicable federal, state, or local regulations.

[20.11.47.12 NMAC - N, 5/1108]

20.11.47.9 SEVERABILITY: Iffor any reason any section, subsection, sentence, phrase, clause or wording

of20.]],47 NMAC is held to be unconstitutional or othenvise invalid by any court or the United States

environmental protection agency, the decision shall not affect the validity of remaining portions of 20.11,47 NMAC.

[20.1147.9 NMAC - N, 5/1/08]

[Reserved]

20.11.47.11 SAVINGS CLAUSE: The filing of20.11.47 NMAC, Emissions Inventory Requirements, and

the filing of any amendm'ent to 20.11.47 NMAC with the state records center and archives shall not affect any action

pending for violation of a city or county ordinance, a board regulation, or a permit, and shall not affect a petition

filed pursuant to 20.11.47 NMAC. Prosecution for violation of a prior statute, ordinance, part or pennit shall be

governed and prosecuted under the statute, ordinance, part or permit wording in effect at the time the violation was

committed.

[20.1 1.47.11 NMAC - N, 5/1/08]

20.11.47.141020.11.47.299

20.11.47.13 DOCUMENTS: Documents ineorporated and eited in 20.11.47 NMAC may be viewed at the

Albuquerque environmental health department, Suite 3023, One Civic Plaza, 400 Marquette NW, Albuquerque,

NM.

[20.11.47.13 NMAC - N, 5/1/08]

Z. "Stationary source" or "source" means a structure, building, equipment, facility, installation

(including temporary installations), operation or portable stationary source that emits or may emit an air

contaminant; a research facility may group its sources for the purpose of 20.11.47 NMAC with the prior written

approval of the director of the department.

AA. "Sulfur hexafluoride" means the chemical compound containing one atom ofsulfur and six

atoms of fluorine.

HD. "Sulfur oxides" means compounds containing sulfur and oxygen, including sulfur dioxide (S02)'

ce. "The climate registry" means the nonprofit corporation entitled "the climate registry" that is

incorporated pursuant to the District ofColumbia nonprofit corporation act for the purpose of creating and operating

a multi-state greenhouse gas emissions registry.

DD. ",,"'estern backstop sulfur dioxide trading program" means 20.11.46 NMAC, iftriggered as a

backstop in accordance with the provisions of the Section 309 Regional Haze State Implementation Plan Element/or

Albuquerque-Bernalilio County, New Mexico, to reduce regional sulfur dioxide emissions.

[20.11.47.7 NMAC - N, 5/1/08]

20.11.47.300 EMISSIONS INVENTORY REQUIREMENTS:

A. Applicability. 20.1 J.47.300 NMAC applies to the owner or operator of every stationary source,

located within Bernalillo county that:

(I) has an active permit issued pursuant to 20.11.41 NMAC, Authority to Construct, or 20.11.42

NMAC, Operating Permits; or

(2) is required to file a source registration pursuant to 20.11AO NMAC, Source Registration.

B. Reporting requirements.

(I) A source that meets requirements under Subsection A of20.11.47.300 NMAC shall submit an

emissions report annually. A source is not required to submit an emissions report more frequently than annually.

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20.11.47 NMAC Public Review Draft 1/26/08 30f5
1 (2) The department will provide a complete copy of an owner or operator's submitted emissions

2 report when requested in writing by the owner or operator.

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

4 report in the fonnat specified by the department; the report shall state accurately the emissions of all air pollutants

5 included in the permit requested for any specified calendar year.

6 (4) Except as provided in Paragraph (5) of Subsection B of20.11.47.300 NMAC, ifthe owner or

7 operator is required to submit an emissions report to the department, the owner or operator shall submit the report by

8 March 15 for the previous calendar year or any other calendar year.

9 (5) Sources required by a permit to submit an annual emissions report on a specific date shall submit

10 the report on the specified date.

11 C. Content of emissions reports. Emissions report contents for reports required by Subsection B of

12 20.11.47.300 NMAC shall include:

13 (1) the air quality stationary source permit number or source registration number;

14 (2) the name, address, if any, and physical location ofthe stationary source;

15 (3) the namc and telephone number ofthe person to contact regarding the emissions rcport;

16 (4) a cert!fication signed by the owner, or operator, or a responsible official or designated

17 representativc, attesting that thc statements and information contained in the emissions report are true and accurate

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

19 signature, and telephone number ofthe certifying official. For sources subject to 20.11.42 NMAC, the ccrtification

20 shall be made as required by 20.11.42 NMAC;

21 (5) for each emission point, in the format required by the department:

22 (a) stack and exhaust gas parameters and location infonnation;

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

24 (e) schcdule of operation;

25 (d) annual process or fuel combustion rates;

26 (e) fuel heat, sulfur, and ash content;

27 (I) estimated actual emissions in pounds pcr year of total suspended particulate, PM 10, PM2.5,

28 ammonia, sulfur oxidcs, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead, including fugitive

29 emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime;

30 (g) speciated hazardous air pollutants, ifrcqucsted by the department; and

31 (h) a description ofthe methods utilized to make the estimates, including calculations;

32 (6) for smelters, an annual report ofsulfur input stated in tons per year; and

33 (7) all information rcquired by 40 CFR Part 51, Subpart A, Emissions Inventory Reporting

34 Requircments, as amcnded.

35 D. Additional eontent for emissions reports from sources in ozone nonattainment areas. In

36 additjon to the contents required by Subsection C of 20.11.47.300 NMAC, emissions reports from sourccs located in

37 ozone nonattainment areas that emit nitrogcn oxides and volatile organic compounds shall also include the following

38 information:

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

40 by the department;

41 (2) estimated actual emissions ofnitrogcn oxides and volatile organic compounds in pounds per day

42 for a typical day during the peak ozone season for:

43 (a) each emissions point; and

44 (b) for cach process and fuel type contributing to emissions from each point.

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

46 requircments of Paragraph (5) of Subsection C of20.11.47.300 NMAC for emissions that the department determines

47 to be insignificant pursuant to 20.11.42 NMAC, except the following shall not be waived:

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

49 nonattainment; and

50 (2) emissions reporting required by the federal Act.

51 F. Emission tracking requirements for sulfur dioxide emission inventories. In addition to

52 complying with thc rcquirements of Subsections A through E of20.11.47.300 NMAC, an owner may be subject to

53 20.11.46 NMAC, Sulfur Dioxide Emissions Inventory Requirements; Western Backstop Sulfur Dioxide Trading

54 Program.

55 [20.11.47.300 NMAC - N, 5/1/08]

56

20.1 1.47 NMAC Public Review Draft 1/26/08 40f5
I 20.11.47.30I GREENHOUSE GAS EMISSIONS INVENTORY REQUIREMENTS:

2 A. Applicability. 20.11.47.301 NMAC applies to the owner or operator of every stationary source,

3 located within Bernalillo county that emits a greenhouse gas as defined in 20.11.47.7.1 NMAC and:

4 (I) has an active pennit issued pursuant to 20.11.41 NMAC, Authority to Construct, or 20.11.42

5 NMAC, Operating Pennits; or

6 (2) is required to file a source registration pursuant to 20.11.40 NMAC, Source Registration.

7 B. Reporting requirements.

8 (I) Any stationary source suhject to 20.11.47.30I NMAC, if requested by the department, shall:

9 (a) submit a greenhouse gas emissions inventory by the deadline and as required by the

10 greenhouse gas emissions reporting procedures established by the department, but not more often than annually; or

11 (b) report greenhouse gas emissions from the stationary source in accordance with 20.11.48

12 NMAC; or

13 (c) provide the department with access to the requested infonnation for the greenhouse gas

14 emissions reporting year registered in either the climate registry or the California climate action registry.

15 (2) When the department determines the deadlines for submitting greenhouse gas emissions reports

16 and reporting procedures, the department shall provide an opportunity for public eomment, and shall eonsider:

17 (3) public comments regarding the schedule ofthe reports and greenhouse gas emissions

18 reporting procedures;

19 (b) emissions quantification standards and best practices approved or recommended by federal

20 and state agencies, by greenhouse gas emissions registries, and by non-governmental bodies having expertise in

21 greenhouse gas emissions quantification;

22 (c) whether, considering the amount and chemical composition ofthe emissions, greenhouse

23 gas emissions from a particular source or source type are expected to be insignificant relative to emissions from

24 other sources or source types; and

25 (d) whether, considering the amount and chemical composition of the emissions, emissions ofa

26 particular greenhouse gas from a source or source type are expected to be insignifieant relative to the total

27 greenhouse gas emissions from that source or source type.

28 C. Content of greenhouse gas emissions reports. If a greenhouse gas emissions report is required

29 by Subparagraph (a) ofParagraph (I) of Subsection B of20.11.47.301 NMAC, the report shall eontain the same

30 infonnation required by Paragraphs (I) through (4) of Subsection C of20.11.47.300 NMAC as well as the following

31 infonnation:

32 (1) for each emission point, as required by the department under the greenhouse gas emissions

33 reporting procedures or other methodologies and procedures approved by the department in advanee and in writing,

34 the estimated actual emissions of greenhouse gases, including fugitive emissions and emissions occurring during

35 maintenance, start-ups, shutdowns, upsets and downtime.

36 (2) [Reserved]

37 [20.11.47.301 NMAC - N, 5/1/08]

38

39

40 HISTORY OF 20.11.47 NMAC:

41 Pre-NMAC History:

42

43 History of Repealed Material: [Reserved]

44

45 Other History:

20.11.47 NMAC Public Review Draft 1126/08 50f5
Environmental Health Department

Air Quality Division

December 4, 2007

Re: 20.11.47 N.MAC, Emissions Inventory Requirements

Dear Stakeholders:

EXHIBIT

Martin J. Chavez, Mayor

The Air Quality Division for the City of Albuquerque is in the process of developing a

new regulation 20.11.47 NMAC, Emissions Inventory Requirements. We would like

your input as a stakeholder regarding this regulation and would appreciate your review

and comments.

The scope of 20.11.47 NMAC applies to each person who owns or operates a source or

who intends to construct or modify a source within Bernalillo County. "Source" is

defined at Subsection X of20.11.47.7 NMAC. The objective of20.11.47 NMAC is to

establish the requirements both for submitting inventories of air contaminants to comply

with the Air Quality Control Act and the Federal Act, and for gathering data to quantify

greenhouse gas emissions in Bernalillo County.

The Stakeholder Review Draft is available on the Air Quality Division's Web site at

http://www.cabq.gov/airqualitvl. Ifyou have any input regarding this regulation please

submit your comments by December 13,2007 via e-mail jamend@cabg.gov or mail

them to Janice C. Amend, City of Albuquerque, P.O. Box 1293, Albuquerque, NM

87103.

A stakeholder meeting will be held on December 13, 2007 from 4:00 p.m. to 7:00 p.m.

at Manzano Mesa Multigenerational Center, 501 Elizabeth SE, Albuquerque, NM

87123. The meeting will be held in the Social Hall #6. Thank you for your interest in

this matter.

"cec. Amend

Air Quality Control Board Liaison

768-2601
The mailing list for the December 4, 2007, letter 

is available on a CD from the Albuquerque 

Environmental Health Department Air Quality 

Division or from the EPA Region 6 Office, Air 

Planning Section (6PD-L), by contacting the 

person listed in the “FOR FURTHER 

INFORMATION CONTACT” section of the 

Federal Register(s) for this action. 
20. 11.47 NMAC, Emissions Inventory Requircn-.cnts Stakeholder Meeting Letter

Butt, Neal T.

From: Amend. Janice C Damend@cabq.gov]

Sent: Monday, December 10. 2007 10:45 AM

To: air-quality-announce@lists.cabq.gov

Subject: 20.11.47 NMAC, Emissions Inventory Requirements Stakeholder Meeting Letter

Follow Up Flag: Follow up

Flag Status: Purple

«Stakeholder Letter 2 12-4-07.pdf»

Janice C. Amend

Air Quality Control Board liaison

Air Quality Division

City of Albuquerque

768-2601

Tn 1/2008

Page 1 of 1

EXHIBIT
Environmental Health Department

Air Quality Division

EXHIBIT

Martin J. Chavez, Mayor

December 10, 2007

~e: 20.11.47 NMAC, Emissions Inventory Requirements

Dear Stakeholders:

The Air Quality Division for the City of Albuquerque is in the process of developing a

new regulation 20.11.47 NMAC, Emissions Inventory Requirements. We would like

your input as a stakeholder regarding this regulation and would appreciate your review

and comments. .

The scope of 20.11.47 NMAC applies to each person who owns or operates a source or

who intends to construct or modify a source within Bernalillo County. "Source" is

defined at Subsection X 0[20.11.47.7 NMAC. The objective 0[20.11.47 NMAC is to

establish the requirements both for submitting inventories of air contaminants to comply

with the Air Quality Control Act and the Federal Act, and for gathering data to quantify

greenhouse gas emissions in Bernalillo County.

The Stakeholder Review Draft is available on the Air Quality Division's Web site at

http://www.cabg.2.ov/airquality/. Ifyou have any input regarding this regulation please

submit your comments by December 13, 2007 via e-mail jamend@cabg.2.ov or mail

them to Janice C. Amend, City ofAlbuquerque, P.O. Box 1293, Albuquerque, NM

87103.

A stakeholder meeting will be held on December 13,2007 from 4:00 p.m. to 7:00 p.m.

at Manzano Mesa Multigenerational Center, 501 Elizabeth SE, Albuquerque, NM

87123. The meeting will be held in the Social Hall #6. Thank you for your interest in

this matter.

Sincerely,

Janice C. Amend

Air Quality Control Board Liaison

768-2601
Butt. Neal T.

From:

Sent:

To:

Subject:

Follow Up Flag:

Flag Status:

correo [root@correo.cabq.gov)

Thursday, November 08, 2007 8:51 AM

Butt, Neal T.

air-quality-announce

Follow up

Green

rcudney@swcp.com

hershber@unm.edu

mldumon@sandia.gov

gdennis@cabq.gov

gdingman@cabq.gov

bjones@cabq.gov

akearny@cabq.gov

jliberatore@cabq.gov

bortega@cabq.gov

yrosario@cabq.gov

mstebleton@cabq.gov

dwarren@cabq.gov

Churchhw@aol.com

du mond@juno.com

LRose®montand.com

bagallegos@cabq.gov

caaragon@cabq.gov

ppuckett@cabq.gov

itavarez@cabq.gov

calbrecht@cabq.gov

d)Jates@cabq.gov

m~torrez@cabq.gov

blncgill@gcc.com

¥yor@cabq.gov

flucero@cabq.gov

dsalisbury@cabq.gov

bwinter@cabq.gov

msanchez@cabq.gov

spruiell.stanley@epamail.epa.gov

todd.robert@epamail.epa.gov

ychavez@mercury.bernco.gov

emckinley@mercury.bernco.gov

msalazar@mercury.bernco.gov

steve dubyk@nmenv.state.nm.us

belljd@Vfficmail.com

kobnews@swcp.com

paul.burt@krqe.com

ltafoya@mercury.bernco.gov

tloner@cabq.gov

drocha@cabq.gov

nbennett@mercury.bernco.gov

clehner@cabq.gov

shivgoel@hotmail.com

pchandler@bernco.gov

Lany_Weaver@nmenv.state.nm.us

Gail Cooke@nmenv.state.nm.us

Sandra Ely@nmenv.state.nm.us

rita trujillo@nmenv.state.nm.us

Brad=Musick@nmenv.state.nm.us

slacy@doeal.gov

dmckay@abqjournal.com

karenflash@aol.com

kmulloy@salud.unm.edu

mpappas@e2m.net

1

EXHIBIT
cityhall@village.tijeras.nm.us

sricdon@earthlink.net

fmacias@cabq.gov

jgould@doeal.gov

hdoldew@sandia.gov

lstark@cabq.gov

tmenicucci@cabq.gov

paul.silverman@geltmore.com

mcarstens@deltapower.com

rwilliams@classonetech.com

EAdams@cabq.gov

JCastillo@cabq.gov

JCzar@cabq.gov

MGomez@cabq.gov

SMayer@cabq.gov

JDileanis@cabq.gov

MCadigan@cabq.gov

EGriego@cabq.gov

TCummins@cabq.gov

RSertich@cabq.gov

NBennett@bernco.gov

SGallegos@bernco.gov

TCummins@bernco.gov

LTafoya@bernco.gov

rdoucette@bernco.gov

adgallegos@bernco.gov

emckinley@bernco.gov

planner@co.valencia.nm.uB

sricpaul@earthlink.net

poienvir@nm.net

danwestern@qwest.net

aquaticpoolsinc.com

aquatic004@aol.com

ronfernandez@sandiaproperties.com

wade.peggy@epa.gov

Regtext@netscan.com

dennisr@agc-nm.org

dsumshler@worldnet.att.net

vljaramillo@cabq.gov

dnason@cabq.gov

pmseby@52801aw.com

jhorton@agc-nm.org

wacorrals@msn.com

tlucero@mercury.bernco.gov

TimW@mercury.bernco.gov

sfish@mercury.bernco.gov

gschroeder@mercury.bernco.gov

TRAILSMGMT@aol.com

betchang@salud.unm.edu

gnryba@cybermesa.com

nmpirg@pirg.org

kkobam@citcomm.com

rogerp@mercury.bernco.gov

davem@bernco.gov

jkelly@amafca.org

lsk@swcp.com

DRay@cabq.gov

roger.o.mcclellan@att.net

Imoye@pnm.com

robby@swop.net

swalters@cabq.gov

bhall@cabq.gov

ssummers@cabq.gov

aduran@cabq.gov

Ithomas@geraldmartin.com

jackson@high-desert.com

moisessanchez@terra.cl

2
stevem@bernco.gov

jleckst@sandia.gov

hahwang@sandia.gov

rsanchez@generalgrowth.com

theresasanchez@cabq.gov

jkubica@cabq.gov

tagarcia@cabq.gov

mcandelaria@cabq.gov

bamaldonado@cabq.gov

rmcclannahan@abqjournal.com

cblewett@mrcog-nm.gov

pgrice6622@aol.com

jlovato@amafca.org

aldaz@aps.edu

tcallaha@slo.state.nm.us

kwent2@unm.edu

NButt@cabq.gov

rbeverly8@msn.com

sglass@cabq.gov

nelsonconsulting@qwest.net

broehm@wagnerequipment.com

gnerich@hotmail.com

lloydh@flash.net

bjbrockx@aol.com

gary.henderson@erm.com

mike.sullivan@wmeng.com

mike@bmt-tank.com

sfettes@cabq.gov

jhamel@cabq.gov

tmiller@cabq.gov

dhogan@cabq.gov

valcole@flash.net

mikehconsulting@aol.com

kmaesta@pnm.com

andrew.d.moen@intel.com

helen.Rinehart@genmills.com

DANIELDENTON@msn.com

John.Tenison@valero.com

Kordzi.Joe@epamail.epa.gov

tlucero@bernco.gov

jbrennan@abqjournal.com

NNorem@pnm.com

cabeyta@zianet.com

ddailey@cabq.gov

apuglisi@sandiapueblo.nsn.us

swngaikido@yahoo.com

gjoffel@comcast.net

Tomkuehn@where2fly.com

ARogers967@aol.com

sparker@ntec.org

andy_berger@nmenv.state.nm.us

julio171@unm.edu

Joanne@1000friends-nm.org

PatMcCraw@aol.com

nucanm@nucanm.org

hqhfarm@comcast.net

rogerp@bernco.go

v

sdanciger@bernco.gov

hoofprintspublication@hotmail.com

domalley@cabq.gov

mheinrich@cabq.gov

cloy@cabq.gov

msalazar@bernco.gov

jowen@ci.rio-rancho.nm.us

lori.snyder@ae.ge.com

Jackie.Carnes@kirtland.af.mil

jcacklen@swcp.com

3
scott.clark@kirtland.af.mil

Jennifer.Dann@kirtland.af.mil

nmcga@nmagriculture.org

RSolomon@cabq.gov

jlewis@cybermesa.com

mark@markrudd.com

marlagaye@aol.com

caallen@5280law.com

john.pike@kirtland.af.mil

mbfernandez@aol.com

tomasita@swop.net

julio dominguezl@yahoo.com

krichards@bernco.gov

jens deichmann@urscorp.com

deichman@swcp.com

Dalderete@cabq.gov

Rosanne Sanchez@nmenv.state.nm.us

Jebrink@comcast.net

khendricks@bernco.gov

joyjoys@aol.com

Shar.Alan@epamail.epa.gov

msprick@mrcog-nm.gov

sjlucero@cabq.gov

rennie.sandra@epa.gov

MNieto@cabq.gov

dz&mora@cabq.gov

carl.nord@etest.com

Corey.Hansen@lafarge-na.com

jwjengr@aol.com

sfinch@shomaker.com

raragon@donalddvigil.com

tpedroncelli@cabq.gov

Rosalind.Jones@state.nm.us

mdavis@abqjournal.com

pghahnphd@comcast.net

orlando r@msn.com

phalajian@modrall.com

Ggrace@bicnm.com

asantistevan@cabq.gov

mcampen@lrri.org

mminturn2@comcast.net

wcs@modrall.com

felicia.orth@state.nm.us

jdimas80@yahoo.com

hseus@e2m.net

mvanreenen@e2m.net

jrodriguez@abqjournal.com

Swarfield@cabq.gov

rgedrim@msn.com

dkenny@atlasabq.com.

\mollywhy2004@yahoo.com

LSonntag@cabq.gov

mollywhy2004@yahoo.com

Yasmeen@mrgcd.com

mclark@e2m.net

brad.musick@state.nm.us

orlando.r@msn.com

klienemann@cabq.gov

matthewc@bernco.gov

dominguezlawpc@msn.com

mpenvironmental@msn.com

kyle@rtoads.com

Carolyn.Smith@state.nm.us

Mark.Cubbage@americangypsum.com

bxaragon@cabq.gov

skanbar@cabq.gov

claude.morelli@transnuevo.com

4
kristine.suozzi@state.nrn.us

kelowey@state.nm.us

penland.catherine@epa.gov

acgeng@aol.com

kumbaOl@earthlink.net

spaladugu@bernco.gov

msbianca@sneej.org

jprewitt6@comcast.net

decorahamiel@aol.com

west.regtxt@thornson. com

cholloway@doeal.gov=20

rustycook4412@msn.com

jmmause@sandia.gov

mschluep@kleinfelder.com

brian.degani@state.nm.us

jeffrey.fredine@state.nm.us

ray.matthew@state.nrn.us

clakins@domenicilaw.com

dreyes@cabq.gov

Marcelle.Fiedler@pnmresources.com

nucanm@mail.nucanm.org

elhuffman@fs.fed.us

Ipacias@ydinm.org

dcampbell@vogelcampbell.com

jamend@cabq.gov

todil@mckennalong.com

randy@nmlobbyist.com

lauren@environmentnewmexico.org

lotero61@msn.com

andy.berger@state.nm.us

crhll@swcp.com

nmcga@nmagriculture.org=20

ytapia@cabq.gov

dgriffin@cabq.gov

5
Martin J. Chavez, Mayor

City of Albuquerque

Environmental Health Department

Air Quality Division

11l.':50 Sunset Gardens SW.

Albuquerque, New Mexico 87121

Alfredo R. Santislevan, Director

Stakeholder Meeting

For 20.11.47 NMAC, Emissions Inventory Requirements

December 13,2007

4:00 p.m. to 7:00 p.m.

Manzano Mesa MultigenerationaI Center

501 Elizabeth SE, Albuquerque, New Mexico

EXHIBIT

1. Welcome and Overview of proposed regulation - Isreal Tavarez, Chris Albrecht, Air Quality

Division Managers

II. Overview of rulemaking process - Neal Butt, Control Strategies Section

III. Review and discussions on comments received

IV. Questions and Answers
Stakeholders Meeting

PROPOSED 20.11.47 NMACEmissions Inventory RequirementsManzano Mesa Multigenerational CenterDecember 13, 2007

City of Albuquerque Environmental Health DepartmentAir Q

uality Division

Alfredo R. Santistevan, Director
 Albuquerque/Bernalillo County Air Quality C

Board Regulation 

 Proposed New Regulation: 20.11.47 NMAC Title 20 Environmental Protection Chapter 11 Albuquerque/Bernalillo Cou

Quality Control Board

 Part 47 “Emissions Inventory Requ
Why is this regulation need

1. Emissions inventories: Provide baseline data for a specific air p

for a specific area, for a specific source 

 Aid in regulation and policy developme2. Pre

scribes consistent requirements for e

report submission and methodologies:
“Authority-to-Construct”; 20.11.41.20.D NMAC s

“The owner or operator of a stationary source sub

the Part shall notify the Department in writiotherwise provide the Department with:every two years from the date of issuance of the pan updated emissions inventory for the source towith descriptions of any reconfigurations of ptechnology and air pollution equipment. A indicating that no change has occurred, if such case, shall be sufficient to comply with this requirem

Current Regulatory Citation for Emissions Invento
Additional Current Regulatory Citati

Emissions Inventories

 Under Authority-to-Construct; “Permit 

Condi

tions”, 20.11.41.18.BNMAC allow

following:

(8)“to establish and maintain such records 

nature and amount of emissions and to m

periodic reports to the Department regar

nature and amounts of emissions ...”

(9) “other reasonable conditions as the De

may deem necessary”
Who is affected by this pro

rulemaking?

Every stationary source owner or operator located with

of Albuquerque and/or Bernalillo County 

Stationary source that has an active permit issued p

20.11.41 NMAC “Authority-to-Construct”

Stationary source that has an active permit issued p

20.11.4

2 NMAC “Operating Permits”

Stationary source that is required to file for a 20.1

NMAC “Source Registration”

A stationary source that emits a greenhouse gas (c

dioxi

de, methane, nitrous oxide, hydrofluorocarbo

perfluorocarbons, sulfur hexafluoride)
The Whats and Whys of th

Regulation?

 Establishes requirements for submitting invent

contami

nants for stationary sources

 These requirements ensure that regulations and 

under 

the Air Quality Control Act and Federal 

be violated

 Requires submission of data to quantify greenh

emissions within Bernalillo County for station
Reporting Requirements

 Annual Emissions Reporting for all air p

contained in a permit issued pursuant to 

NMAC and 20.11.42 NMAC and sourc

registration issued pursuant to 20.11.40 

 Annual Emissions Reporting for greenh

emitted by a stationary source that was 

permit pursuant to 20.11.41 NMAC and NMAC and source registration issued p

20.11.40 NMAC
Questions of the Air Quality 

Division??
"3!.fr-</(( !

~'S~ 34~J

8~~-lt'5

t)T3-l£I5'5

hi-;)J'¢(

5- 77c",11

EXHIBIT

i

I
From: Butt, Neal T. [mailto:NButt@cabq.gov]

Sent: Friday, December 21, 2007 2:36 PM

To: Announce, Air Quality

Subject: Notice of second stakeholder meeting on proposed regulation, 20.11.47 NMAC, Emissions 1nventory

Requirements

Do Not Respond Directly to This Listserve Announcement

Stakeholders,

Find attached an invitation to the next stakeholders' meeting and the revised Stakeholder Review Draft.

~Teal Burt

Em'ironmental Health Scientist

.Air Quality Di"jsion

(505) 768-2660

In the depths of winter I finally learned that within me there lay an invincible summer.

-- Albert Camus

«Revised Stakeholder Review Draft 20-11-47 NMAC 12-21-07.pdf» «20.11.47 NMAC Stakeholder Letter 12-21-

07.pdf»

EXHIBIT

Z~ i
CITY OF ALBUQ1]ERQ1]E

Environmental Health Department

Air Quality Division

December 21. 2007

Re: 20.11.47 NMAC, Emissions Inl'entory Requiremenb'

Dear Stakeholders:

ALBl{Q0i:°RQ:vE

"fak~ cf.hStnJ

Martin J. Chavez, Mayor

P.O. Box 1293

The Air Quality Division for the City of Albuquerque is in the process of developing a

new regulation 20.11.47 NMAC, £missions Inventory Requirements. We would like

your input as a stakeholder regarding this regulation and would appreciate your review

and comments.

The scope of20.11.47 NMAC applies to each person who owns or operates a source or

who intends to construct or modify a source within Bernalillo County. "Source" is

defined at Subsection X of20.11.47.7 NMAC. The objective of20.11.47 NMAC is to

establish the requirements both for submitting inventories of air contaminants to comply

with the Air Quality Control Act and the Federal Act, and for gathering data to quantify

greenhouse gas emissions in Bernalillo County.

Albuquerque A Revised Stakeholder Review Draft is available on the Air Quality Division's Web site

at hnp:!:ww.,.,.cab4.~O\;airqUi!li!l!. lfyou have any input regarding this regulation

please suomit your comments via e-lnail to .iCtl1lend(li!C?_P1L~or ID.!li,~19(ll!cab(J,uov or

:-Jew M"x,,'o R7 J{J:lmail them to Janice C. Amend or Margaret Nieto, City of Albuquerque, P.O. Box 1293,

Albuqt1erque, NM 87103. If you should have any questions prior to the meeting, please

contact the Air Quality Division. Due the timing ofthis meeting and the holiday season

you may need to try more than one staff member. Please contact Margaret Nieto 768-

www."oy.~OY 2637, or Janice Amend 768-2601, or Dario Rocha 768-1915, or Stephanie Summers

768-1908, or Chris Albrecht 768-1952.

This is the second stakeholder meeting, and it will be held on January 3, 2007 at 1:30

p.m. at the Air Quality Division's Westside Office, 11850 Sunset Gardens SW,

Albuquerque, NM 87121. Thank you for your interest in this matter.

iee C. Amend

ir Quality Control Board Liaison

768-2601

'I' ,,;, J,
Martin J. Chavez, Mayor

City of Albuquerque

Environmental Health Department

Air Quality Division

11850 Sunset Gardens S.W.

Albuquerque, New Mexico 87121

Stakeholder Meeting Agenda

Alli'cdo R. Santistevan. Director

Subject:

Date:

Time:

Location:

Proposed 20.11.47 NMAC, "Emissions Inventory Requirements"

January 3, 2008

1:30 pm to 3:00 pm

Air Quality Division Westside Conference Room

1. Welcome (Chris) 1:30 pm-l:35 pm

2. Introductions (All) 1:35 pm to 1:40 pm

3. Part 47 Regulation Timetable (Chris overview; handout) 1:40 pm to 1:45 pm

4. Discussion of any new comments received since 12/13/07 1:45 pm to 1:55 pm

5. Overview of revisions made to Part 47 stakeholder draft 1:55 pm to 2:00 pm

6. Stakeholder Comments and Discussion of 2:00 pm to 3:00 pm

revised Part 47 stakeholder Draft of December 21, 2007

- Close -

In Attendance:

***Please address all comments and questions regarding regulation timelines, public

review drafts, etc. regarding 20.11.47 NMAC to Margaret Nieto, Control Strategies

Supervisor; mnieto@cabq.gov or 768-2637 and/or Neal Butt of the Control Strategies

Section, nbutt@cabg.gov or 768-2660***

12/31/2007
Martin 1. Chavez, Mayor

Elnissions Inventory Requirements

Stakeholder Process

Stakeholder Draft 20.11.47 NMAC

Part 47 Tentative Timetable

Alfredo R. Santistevan, Director

Action

1. Send out stakeholder review draft

2. Draft Pm1 47 regulation sent to EPA

3. Stakeholder meeting

4. Second Stakeholder draft released

5. Second Stakeholder meeting

6. Incorporate changes from stakeholder meeting

7. Send new draft to EPA

8. Send new draft to stakeholders that attended

Dec. 13 meeting

9. Public Review Draft (PRO) released

10. Notices ofIntent (NOI) due

11. Hearing before the Air Quality Control Board

12. Anticipated Effective date

Date

December 4, 2007

(Available via website)

September 28, 2007

December 11, 2007 (revised)

December 13,2007

December 21,2007

(Available via email and

website)

January 3, 2008 at AQD

January 7, 2008

January 7, 2008

January 7, 2008

January 26, 2008

February 26, 2008

March 12, 2008

May 1,2008

***Any comments regarding this tentative timetable should be addressed to Neal Butt of

the Control Strategies Section, nbutt@cabg.gov or 768-2660***

12/31/2007
Martin J. Chavez, Mayor

City of Albuquerque

Environmental Health Department

Air Quality Division

11850 Sunset Gardens S.W.

Albuquerque, New Mexico 87121

20.11.47 NMAC, "Emissions Inventory Requirements"

January 3, 2008 Stakeholder Meeting Sign-In Sheet

Alfredo R. Santistevan. Director

1/312008

813-~155

Page 1 of2
Martin 1. Chavez, Mayor

1/3/2008

City of Albuquerque

En.vironmental Health Departmen.t

Air Quality Division

11850 Sunset Gardens S.W.

Albuquerque, New Mexico 87121

20.11.47 NMAC, "Emissions Inventory Requirements"

January 3, 2008 Stakeholder Meeting Sign-In Sheet

AI fredo R. Santistevan. Director

Page 2 of2
Butt, Neal T.

From:

Sent:

To:

Cc:

Subject:

Stakeholders,

Butt, Neal T.

Wednesday, January 16,20082:42 PM

'hershber@unm.edu'; 'nnorem@pnm.com'; Glass, Steve J.; 'jlovato@amafca.org';

'albwalt@yahoo.com'; 'Jennifer.Dann@kirtland.af.mil'

Nieto, Margaret; Amend, Janice C.; Ray, Doug K.; Summers, Stephanie A.; Rocha, Dario W.;

Albrecht, Christopher P.; Tavarez, Isreal L.; Kearny, Adelia W.

Final Stakeholder Review Draft 20.11.47 NMAC

Thank you for participating in the stakeholder meeting on January 3, 2008. Attached is the final stakeholder review draft

which should reflect your most recent comments. Please review and provide any additional comments by January 24,

2008. Thank you.

Neal Butt

Environmental Health Scientist

,c\ir Quality Division

(505) 768-2660

If we had no winter, the spring would not be so pleasant: if we did not sometimes taste of adversity, prosperity would

not be so welcome.

--Anne Bradstreet

Final Stakeholder

Review Draft...

i EXHIBIT !

0

I

1
Sent:

From:

To:

Subject:

Notice of Availability of Publlc Review Draft of 20.11.47 NMAC, Emissions Inventory R... Page 1 of 1

Butt, Neal T.

Butt, Neal T. [NBult@cabq.gov]

Friday, January 25, 2008 8:56 PM

Announce, Air Quality

Notice of Availability of Public Review Draft of 20.11.47 NMAC, Emissions Inventory

Requirements

Follow Up Flag: Follow up

Flag Status: Purple

Please Do Not Reply Directly to This Listserve Announcement

«Notice Proposed Rulemaking Part 47.doc»

1"eal Butt

En~-ironmentalHealth Scientist

I\ir Quality Division

(505) 768-2660

If we had no winter, the spring would not be so pleasant: if we did not sometimes taste of

adversity, prosperity would not be so welcome.

--Anne Bradstreet

EXHIBIT

1/31/2008
ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD 

NOTICE OF HEARING AND REGULAR MEETING 

On March 12, 2008, at 5:30pm, the Albuquerque-Bernalillo County Air Quality Control Board 

(Air Board) will hold a public hearing in the Vincent E. Griego Chambers(City Council/County 

Commission Chambers), Albuquerque-Bernalillo County Government Center, 400 Marquette 

NW, Albuquerque, NM 87102.. The hearing will address: 

1. Proposal to adopt a new regulation, 20.11.47 NMAC, Emissions Inventory 

 Requirements

2. Proposal to incorporate 20.11.47 NMAC, Emissions Inventory Requirements into the 

 New Mexico State Implementation Plan for air quality (SIP). 

This regulation is part of a broader effort by the State of New Mexico, the City of Albuquerque, 

and Bernalillo County, to address emissions of greenhouse gases. The proposed new regulation 

20.11.47 NMAC, Emissions Inventory Requirements, formalizes the Albuquerque Air Quality 

Division’s authority to require criteria air pollutant and greenhouse gas reporting from sources 

in Bernalillo County. This proposed new regulation would complement the recently adopted 

regulation, 20.11.48 NMAC, Greenhouse Gas Emissions Reporting, that requires specific 

greenhouse gas reporting for three industrial sectors - power plants, refineries and cement 

manufacturing plants, and which became effective January 1, 2008. 

After the hearing closes the Air Board is expected to convene its regular meeting, during which 

they will decide whether to adopt the proposed new regulation, 20.11.47 NMAC, and whether to 

incorporate 20.11.47 NMAC into the SIP. 

The Air Quality Control Board is the federally delegated air quality authority for Albuquerque 

and Bernalillo County. Federal, State, and local delegation authorize the Air Board to 

administer and enforce the Clean Air Act, the New Mexico Air Quality Control Act, local air 

quality regulations, and to require local air pollution sources to comply with air quality 

standards. 

Hearings and meetings of the Board are open to the public and all interested persons are 

encouraged to participate. All persons who wish to testify regarding the subject of the hearings 

may do so at the hearing and will be given a reasonable opportunity to submit relevant evidence, 

data, views, and arguments, orally or in writing, to introduce exhibits and to examine witnesses 

in accordance with the Joint Air Quality Control Board Ordinances, Section 9-5-1-6 ROA 1994 

and Bernalillo County Ordinance 94-5, Section 6. 

Anyone intending to present technical testimony at this hearing is asked to submit a written 

Notice of Intent to testify (NOI) before 5:00pm on February 26, 2008 to: Attn: March Hearing 

Record, Ms. Janice Amend, Albuquerque Environmental Health Department, P.O. Box 1293, 

Albuquerque, NM 87103, or, you may deliver your NOI to the Environmental Health 

Department Office, Suite 3023, 400 Marquette Avenue NW. The NOI shall identify the name, 

address, and affiliation of the person testifying. 
In addition, written comments to be incorporated into the public record for the March 12, 2008 

hearing should be received at the above P.O. Box, or Environmental Health Department office, 

before 5:00 pm on March 5, 2008. Comments shall include the name and address of the 

individual or organization submitting the statement. Written comments may also be submitted 

electronically to jamend@cabq.gov and shall include the required name and address 

information. Interested persons may obtain a copy of the proposed rules at the Environmental 

Health Department Office, or by contacting Ms. Janice Amend electronically at 

jamend@cabq.gov or by phone (505) 768-2601. 

NOTICE FOR PERSON WITH DISABILITIES: Notice to persons with disabilities: 

If you have a disability and require special assistance to participate in a Board 

meeting please call: 311 (Voice) or 1-800-659-8331 (TTY). 
New Mexico Register / Volume XIX, Number 2/ January 31, 2008

Notices of Rulemaking and Proposed Rules

17

ALBUQUERQUEBERNALILLO COUNTY

AIR QUALITY CONTROL

BOARD

ALBUQUERQUE-BERNALILLO

COUNTY AIR QUALITY CONTROL

BOARD

NOTICE OF HEARING AND

REGULAR MEETING

On March 12, 2008, at 5:30pm, the

Albuquerque-Bernalillo County Air Quality

Control Board (Air Board) will hold a public hearing in the Vincent E. Griego

Chambers(City Council/County

Commission Chambers), Albuquerque.

Bernalillo County Government Center, 400

Marquetk NW, Albuquerque, NM 87102..

The hearing wi]] address:

1. Proposal to adopt a new regulation, 20.1],47 NMAC, Emissions

Inventory Requirements

2. Proposal to incorporate 20.1].47

NMAC, Emissions Inventory

Requirements into the New Mexico State

Implementation Plan for air quality (SIP).

This regulation is part ofa broader effort by

the St;te of New Mexico, the City of

Albuquerque, and Bernalillo County, to

address emissions of greenhouse gases.

The proposed new regulation 20.11.47

NMAC, Emissions Inventoly Requirements,

formalizes the Albuquerque Air Quality

Division's authority to require criteria air

pollutant and greenhouse gas reporting

from sources in Bernalillo County. This

proposed new regulation would com~lement the recently adopted regulatIOn,

20.11.48 NMAC, Greenhouse Gas

Emissions Reporting, that requires specific

greenhouse gas reporting for three industrial sectors - power plants, refineries and

cement manufacturing plants, and which

became effective January 1, 2008.

After the hearing closes the Air Board is

expected to convene its regular meeting,

during which they will decide whether to

adopt the proposed new regulation,

20.11.47 NMAC, and whether to incorporate 20.1 1.47 NMAC into the SIP.

The Air Quality Control Board is the federally delegated air quality authority for

Albuquerque and Bernalillo County.

Federal, State, and local delegation authorize the Air Board to administer and enforce

the Clean Air Act, the New Mexico Air

Quality Control Act, local air quality regulations, and to require local air pollution

sources to comply with air quality stan·

dards.

Hearings and meetings of the Board are

open to the public and all interested persons

are encouraged to participate. All persons

who wish to testify regarding the subject of

the hearings may do so at the hearing and

will be given a reasonable opportunity to

submit relevant evidence, data, views, and

arguments, orally or in writing, to introduce

exhibits and to examine witnesses in accordance with the Joint Air Quality Control

Board Ordinances, Section 9-5-1-6 ROA

1994 and Bernalillo County Ordinance 94-

5, Section 6.

Anyone intending to present technical testimony at this hearing is asked to submit a

written Notice of Intent to testify (NOI)

before 5:00pm on February 26, 2008 to:

Attn: March Hearing Record, Ms. Janice

Amend, Albuquerque Environmental

Health Department, P.O. Box 1293,

Albuquerque, NM 87103, or, you may

deliver your NO] to the Environmental

Health Department Office, Suite 3023, 400

Marquette Avenue NW. The NO] shall

identify the name, address, and affiliation of

the person testifying.

In addition, written comments to be incorporated into the public record for the March

12,2008 hearing should be received at the

above P.O. Box, or Environmental Health

Department office; before 5:00 pm on

March 5, 2008. Comments shall include the

name and address of the individual or

organization submitting the statement.

Written comments may also be submitted

electronically to jamendwkabg.Q:ov and

shall include the required name and address

information. Interested persons may obtain

a copy of the proposed rules at the

Environmental Health Department Office,

or by contacting Ms. Janice Amend electronically at jamend@cabq.£ov or by phone

(505) 768-2601.

NOTICE FOR PERSON WITH DISABILITIES: Notice to persons with disabilities: If you have a disability and

require special assistance to participate

in a Board meeting please call: 311

(Voice) or 1-800-659-8331 (TTY).

E)(HIBIT

I 5~ I

NEW MEXICO CHILDREN,

YOUTH AND FAMILIES

DEPARTMENT

FAMILY SERVICES DIVISION

NOTICE OF PUBLIC HEARING

The Children, Youth and Families

Department, Family Services, will hold a

formal public hearing on Wednesday,

March 5,2008, at 3:00 p.m. in Room 565 of

the PERA Building, 1120 Paseo de Peralta,

Santa Fe, New Mexico to receive public

comment regarding a proposed amendment

to 8.8.3 NMAC Governing Background

Checks and Employment History

Verification. Specifically, Paragraph (5) of

Subsection A of 8.8.3.1 I NMAC - No more

than ['flirt;· (3G)] fortv-five (45) days shall

have passed since the date of the initial

application unless the department docu

ments good cause for an extension.

Interested persons may testify at the hearing

or submit written comments no later than

5:00 p.m. on March 5, 2008. Written comments will be given the same consideration

as oral testimony given at the hearing.

Written comments should be addressed to:

Debra A. Gonzales, Background Checks

Unit, Children, Youth and Families

Department, P.O. Drawer 5160, Santa Fe,

New Mexico 87502-5160, Fax Number:

505-827-7422, Electronic Mail:

Debra.Gonzales@state.nm.us.

If you are a person with a disability and you

require this infonnation in an alternative

fornlat or require special accommodations

to participate in the public hearing, please

contact Debra A. Gonzales at 505-827-

7326. Family Services requests at least 10

days advance notice to provide requested

alternative fonnats and special accommodations.

NEW MEXICO GAME

COMMISSION

STATE GAME COMMISSION

PUBLIC MEETING

AND RULE MAKlNG NOTICE

On Thursday, February 21, 2008, beginning

at 9:00 a.m., at State Capitol Building, 419

Old Santa Fe Trail - Room 322, Santa Fe,

NM 87503, the State Game Commission

will meet in Public Session to hear and consider action as appropriate on the following:

Organizational Structure of State Game

Commission; Revocations; Presentation of

FY'08 2nd Quarter Depredation Report for

Approval; Presentation of Fiscal Year 2008
New Mexico Register / Volume XIX, Number 2 / January 31, 2008 

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD 

NOTICE OF HEARING AND REGULAR MEETING

On March 12, 2008, at 5:30pm, the Albuquerque-Bernalillo County Air Quality Control Board (Air Board) will 

hold a public hearing in the Vincent E. Griego Chambers(City Council/County Commission Chambers), 

Albuquerque-Bernalillo County Government Center, 400 Marquette NW, Albuquerque, NM 87102.. The hearing 

will address: 

1. Proposal to adopt a new regulation, 20.11.47 NMAC, Emissions Inventory Requirements

2. Proposal to incorporate 20.11.47 NMAC, Emissions Inventory Requirements into the New Mexico State 

Implementation Plan for air quality (SIP). 

This regulation is part of a broader effort by the State of New Mexico, the City of Albuquerque, and Bernalillo 

County, to address emissions of greenhouse gases. The proposed new regulation 20.11.47 NMAC, Emissions 

Inventory Requirements, formalizes the Albuquerque Air Quality Division’s authority to require criteria air pollutant 

and greenhouse gas reporting from sources in Bernalillo County. This proposed new regulation would complement 

the recently adopted regulation, 20.11.48 NMAC, Greenhouse Gas Emissions Reporting, that requires specific 

greenhouse gas reporting for three industrial sectors - power plants, refineries and cement manufacturing plants, and 

which became effective January 1, 2008. 

After the hearing closes the Air Board is expected to convene its regular meeting, during which they will decide 

whether to adopt the proposed new regulation, 20.11.47 NMAC, and whether to incorporate 20.11.47 NMAC into 

the SIP. 

The Air Quality Control Board is the federally delegated air quality authority for Albuquerque and Bernalillo 

County. Federal, State, and local delegation authorize the Air Board to administer and enforce the Clean Air Act, 

the New Mexico Air Quality Control Act, local air quality regulations, and to require local air pollution sources to 

comply with air quality standards. 

Hearings and meetings of the Board are open to the public and all interested persons are encouraged to participate. 

All persons who wish to testify regarding the subject of the hearings may do so at the hearing and will be given a 

reasonable opportunity to submit relevant evidence, data, views, and arguments, orally or in writing, to introduce 

exhibits and to examine witnesses in accordance with the Joint Air Quality Control Board Ordinances, Section 9-5-

1-6 ROA 1994 and Bernalillo County Ordinance 94-5, Section 6. 

Anyone intending to present technical testimony at this hearing is asked to submit a written Notice of Intent to 

testify (NOI) before 5:00pm on February 26, 2008 to: Attn: March Hearing Record, Ms. Janice Amend, 

Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or, you may deliver 

your NOI to the Environmental Health Department Office, Suite 3023, 400 Marquette Avenue NW. The NOI shall 

identify the name, address, and affiliation of the person testifying. 

In addition, written comments to be incorporated into the public record for the March 12, 2008 hearing should be 

received at the above P.O. Box, or Environmental Health Department office, before 5:00 pm on March 5, 2008. 

Comments shall include the name and address of the individual or organization submitting the statement. Written 

comments may also be submitted electronically to jamend@cabq.gov and shall include the required name and 

address information. Interested persons may obtain a copy of the proposed rules at the Environmental Health 

Department Office, or by contacting Ms. Janice Amend electronically at jamend@cabq.gov or by phone (505) 768-

2601. 

NOTICE FOR PERSON WITH DISABILITIES: Notice to persons with disabilities: If you have a disability 

and require special assistance to participate in a Board meeting please call: 311 (Voice) or 1-800-659-8331 

(TTY).
ABQjourna Legals

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EXHIBIT

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY

CONTROL BOARD NOTICE OF HEARING AND REGULAR

MEETING On March 12,2008, at 5:30pm, the Albuquerque-Bernalillo

County Air Quality Control Board (Air Board) will hold a public hearing

in the Vincent E. Griego Chambers(City Council/County Commission

Chambers), Albuquerque-Bernalillo County Government Center, 400

Marquette NW, Albuquerque, NM 87102.. The hearing will address:

I.Proposal to adopt a new regulation, 20.11.47 NMAC, Emissions

Inventory Requirements 2.Proposal to incorporate 20.11.47 NMAC,

Emissions Inventory Requirements into the New Mexico State

Implementation Plan for air quality (SIP). This regulation is part of a

broader effort by the State ofNew Mexico, the City ofAlbuquerque, and

Bernalillo County, to address emissions ofgreenhouse gases. The

proposed new regulation 20.11.47 NMAC, Emissions Inventory

Requirements, formalizes the Albuquerque Air Quality Division's

authority to require criteria air pollutant and greenhouse gas reporting

from sources in Bernalillo County. This proposed new regulation would

complement the recently adopted regulation, 20.11.48 NMAC,

Greenhouse Gas Emissions Reporting, that requires specific greenhouse

o gas reporting for three industrial sectors - power plants, refineries and

clip cement manufacturing plants, and which became effective January 1,

2008. After the hearing closes the Air Board is expected to convene its

regular meeting, during which they will decide whether to adopt the

proposed new regulation, 20.11.47 NMAC, and whether to incorporate

20.11.47 NMAC into the SIP. The Air Quality Control Board is the

federally delegated air quality authority for Albuquerque and Bernalillo

County. Federal, State, and local delegation authorize the Air Board to

administer and enforce the Clean Air Act, the New Mexico Air Quality

Control Act, local air quality regulations, and to require local air

pollution sources to comply with air quality standards. Hearings and

meetings ofthe Board are open to the public and all interested persons

are encouraged to participate. All persons who wish to testify regarding

the subject ofthe hearings may do so at the hearing and will be given a

reasonable opportunity to submit relevant evidence, data, views, and

arguments, orally or in writing, to introduce exhibits and to examine

witnesses in accordance with the Joint Air Quality Control Board

Ordinances, Section 9-5-1-6 ROA 1994 and Bernalillo County

Ordinance 94-5, Section 6. Anyone intending to present technical

testimony at this hearing is asked to submit a written Notice of Intent to

testify (NOI) before 5:00pm on February 26,2008 to: Attn: March

31-6/2008
ABQjouma Legals

Hearing Record, Ms. Janice Amend, Albuquerque Environmental Health

Department, P.O. Box 1293, Albuquerque, NM 87103, or, you may

deliver your NO! to the Environmental Health Department Office, Suite

3023,400 Marquette Avenue NW. The NO! shall identify the name,

address, and affiliation ofthe person testifying. In addition, written

comments to be incorporated into the public record for the March 12,

2008 hearing should be received at the above P.O. Box, or

Environmental Health Department office, before 5:00 pm on March 5,

2008. Comments shall include the name and address ofthe individual or

organization submitting the statement. Written comments may also be

submitted electronically to jamend@cabq.gov and shall include the

required name and address information. Interested persons may obtain a

copy ofthe proposed rules at the Environmental Health Department

Office, or by contacting Ms. Janice Amend electronical1y at

jamend@cabq.gov or by phone (505) 768-2601. NOTICE FOR

PERSON WITH DISABILITIES: Notice to persons with disabilities: If

you have a disability and require special assistance to participate in a

Board meeting please cal1: 311 (Voice) or 1-800-659-8331 (TIY).

Journal: January 26, 2008

Published on January 26, 2008

httn:/lleQ:als.abaiournal.com/leQ:als/index htrnl/cliDoed/?Dfriendly=1

Page 2 of2

3/6/2008
File Edit Vie", Fovorites Tools Hef> ..

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Sulfur Dioxide Emissions Invenlo~v I\IMAC 20.11.46

}) 2011,<;6 NMJI,C Draft (233kb) Abou11illl

" '.'S[IAFS comment, and ",0[' r~5ponSe - July (212kb) ,l.bou~1ilD

" liS[,,6FE, romm",nt c dr,C pQD ,',o<pon,e - October (175kb) Ahoullilll

" Pt,M comrnents and pOD response (110kb) Abou11iiiI

» I'IM HOI'se CounCil 1r,o:, c comn'lents ~r,d ",Op response (278kb) Ahoollilml

» AMAFCA comments and AOD response (36kb) ,l.bOUlliIiJi

: ~_ 1_, I, I _ I '_=' 11_, (- , _.... "1_

Other Information

» 20,11,10<; NM"C Emission Standards for ~Jew Motor Vehicles - ,I..dopted 11/27/07 (59kb) Aboullii!lil

The objective of 20,11.104 NMAC is to estdblish emission standards for new motor vehicles.

Recently Adopted Regulations

Greenhouse gas (CHC) ~eporting NMAC 20.11 ,48

» 20,11.'18 NMAC Greenhouse Gas Reporting - ".dopted 11/29/07 (31kb) ,l.bou11iml

}) NntiCE d He",rmg of the ,~,ibuquergue-eem~lillorouroty AOCB (40kb) Aboullil!Iil

20.11,'16 NMAC implements the western backstop S02 trading program ("WEB trading program")

provisior,s reqwed under the f~deral R"'9'0r,al H<;ze Regulation, <;0 CFR 51,309, the Albuquerque-

~,ernalilio county element Df the st",te of tJew Mexico's regional haze implementation plan and related

requirements associcted With the time period prior to the WEB trading program trigger date.

Emissions Invenlo~v Requkemenls I\IMAC 20.11.47

» 20,11.47 NMAC Emissions lnventory P,eguirements Public Review Draft (44kb) AboUIIilll

The objec tive of 20,11.48 NMJI,C is to e< tablish requirements for the annual reporting of greenhouse

gas emissioros to the department using tools and procedures similar to those used by greenhouse gas

emissions registries.

Emission Standards for New Motor Vehicles NMAC 20.11.104

EXHIBIT
Butt. Neal T.

From:

Sent:

To:

Cc:

Subject:

Follow Up Flag:

Flag Status:

Good Morning Carl,

Butt, Neal T.

Tuesday, December 11, 2007 10:38 AM

Young.Carl@epamail.epa.gov

Shar.Alan@epamai1.epa.gov; Nieto, Margaret; Tavarez, Isreal L.; Albrecht, Christopher P.;

Rocha, Dario W.; Summers, Stephanie A.; Liberatore, John J.; Kearny, Adelia W.; Amend,

Janice C.

FW: EPA Review Draft of proposed rule, 20.11.47 NMAC, Emissions Inventory requirements

Follow up

Purple

As indicated below, the Air Quality Division had planned on proposing a new Emissions Inventory rule to the Air Board

during the last week of November and had noticed the hearing on 10/15/07. However, during preparation for the

associated hearings regarding 20.11.104 NMAC and 20.11.48 NMAC, it became apparent that holding all three hearings at

once was an untenable idea. Therefore 20.11.47 NMAC was postponed. The hearing on 20.11.47 NMAC has been

rescheduled for March 12, 2008. I don't know how far along you were in your review process when we canceled the

hearing, but I have attached a revised draft for your review with changes made to the draft since you last saw it. The

changes are called out via 'Track Changes', Many of these most recent changes reflect changes that NMED/EIB made to

their emissions inventory rule (20.2.73 NMAC) after we had released the EPA Review Draft. Please review and comment

by January 11,2008. If you have any questions please call me. Thank you for you help.

Regards.

Neal

"Sml"hin(' I' dL'iICIOU'. IJil1 I' Id'lc"hlllg. Wll1d bl',lel" u, lIr. ,now I" cxhibraring; there i, IC111h' 11(J "uch rlllng 11, bad WCJthCf. "nl\' diffcfL'nt klllLb of good

\~/carhl"r~',

-- .I"hn ltu,kin

Revised EPA

1eview Draft 12-11..

From:

Sent:

To:

Cc:

SUbject:

Carl.

Butt, Neal T.

Friday, September 28, 20074:07 PM

Carl Young (Young.Carl@epamail.epa.gov)

Shar, Alan (Shar.Alan@epamail.epa.gov); Adelia W. Kearny (akearny@cabq.gov); Christopher P. Albrecht (CAlbrecht@cabq.gov);

Duran, Angela; Gallegos, Billy A.; Gates, Dan E.; Janice C. Amend Uamend@cabq.gov); Jaramillo, Louis; John J. Liberatore

(JLiberatore@cabq.gov); Lienemann, Kenneth A.; Macias, Fabian (FMacias@cabq.gov); Margaret Nieto (mnieto@cabq.gov); Ray,

Doug K.; Rocha, Dario W.; Stebleton, Matt B.; Stephanie A. Summers (ssummers@cabq.gov); Tavarez, Isreal (ITavarez@cabq.gov)

EPA Review Draft of proposed rule, 20.11.47 NMAC, Emissions Inventory requirements

The Albuquerque Air Quality Division will be proposing the adoption and placement into the SIP of a draft rule, 20.11.47

NMAC, Emissions Inventory Requirements, before the Albuquerque-Bernalillo County Air Quality Control Board on

November 28th & 29th. The public review draft is scheduled for release on October 26th. If you could please review and

comment before October 26th it would be very helpful. If you have any questions please don't hesitate to contact me.

Sincerely,

Neal Butt

Environmental Health Scientist

Air Quality Division

(505) 768-2660

1

EXHIBIT

7
'Live in the sunshine, swim the sea, drink the wild air'.

Ralph Waldo Emerson

Part 47 USEPA

Review Draft 9-...

2
CITY OF ALBUCliJERQ!)E

JOHN SOLADAY, DIRECTOR

Janice Amend

Air Quality Control Board Liaison

Air Quality Division

Environmental Health Department

c: ~J , .. .,

170&*::!OOfi

ALBUQ1JERQ1JE

I1fAk~ 9tisinJ

Martin J. Chavez, Mayor

February ~6, 2008

PO. Box 1293

Subject

DearJanice,

Notice of Intent to Present Tedlllical Testimony Before The Air Quality Control Board On

March 12, 2008 Regarding Proposed Amendment~ to 20.11.47 NMAC, Emissio1JS Inventory

Requi1~ment.r

Albuquerque

New Mexico 87]03

www.cabq.gov

Please accept this correspondence as the required Notice of Intent to present technical testimony at the March 12,

2008 Air Board meeting regarding proposed amendments to 20.11.47 NMAC, EmisJio7l! ImJentory Reqllirrments.

Those individuals who are expected to present tedmical testimony on behalf of the City of Albuquerque are:

Christopher P. Albrecht. Manager, Air Quality Protection Program, City of Albuquerque Environmental Health

Department, Air Quality Division (AQD). B.S. Biology, University of New ~iexico. During his 18 years in the air

quality field, he has worked in permitting, modeling, enforcement, monitoring, regulation and policy development,

quality assurance, emissions inventory, and pollution forecasting.

NeaJ T. Butt. Environmental Health Scientist, Control Strategies Section. M.S. Biology (\Vudlife Biology),

University of North Dakota, B.S. Biology (Zoology), University of New Mexico, AAS. Criminal Justice, Central

New Mexico, AA.S. Environmental Protection, CNM. Employed by the City of Albuquerque's Environmental

Health Department for 10 + years, the last six of which have been in Air Quality. Chief responsibility is the

promulgation of air quality regulations within the County of Bernalillo.

Dario Rocha. Environmental Health Supervisor, Permitting and Technical Analysis Section. B.S. Mechanical

Engineering, New Mexico State University. Employed with the AQD for 7.5 years. Previously employed by the

State of New Mexico Air Quality Bureau for 3+ years. Duties while working for both agencies include air quality

permitting of major and minor stationary sources of air pollution. He has four years experience working as an

envirorunental consultant specializing in environmental reclamation of radiologically contaminated sites and has

served as the health and safety officer during his tenure. He has a total of over 14.5 years experience in

envirorunental compliance programs both in the public and private sectors.

Stephanie Summers. Environmental Health Scientist B.S. Environmental Science, New Mexico State

University. She is responsible for emissions inventories both for criteria and greenhouse gas pollutants, and has

been with the Department for five years. Other duties include maintaining databases for the AQD, special

proiect:;, and annual billing.

EXHIBIT

A/bllqllerqlJe - Makmg HlJfory 1706-2006
Thank you for your consideration, and do not hesitate to contact me should you have any questions concerrung

this matter.

Neal T. Butt

Environmental Health Scientist

Cout.rol St.rategies Section, Air Quality Division

Environmental Health Department

cc: Isreal Tavarez, En\rironmenW Engineering Manager, Air Quality Division

Mllrg;...ret Nieto, Control Strategies SupeMsor, Air Quality Division

2
Page I of 1

Amend, Janice C.

From: Benjamin Hodges [bhodges@BrewerOil.com]

Sent: Wednesday, December 12, 20071:33 PM

To: Amend, Janice C.

Janice,

I am submitting some comments for your stakeholder meeting on 12/13/2007. Let me start off by saying I have

not received any information on the changes to the regulations. What I am commenting on is concerns that we

have had in the past.

1. When you purchase a property and have intentions to build a convenience store you have to submit for a

permit 90 days before you build. By the time you even open your doors for business you are looking at a year. So

the convenience store owner is paying for am emissions permit for a year when they have not dispensed any

fuel. Has there been any changes to this regulation?

2. When you renew your permit you by the volume of your first registration. In this business more than any other,

the volume fluctuates from year to year. The volume a store did 8 years ago is not doing the same today, due to

the fuel prices, competition, and accessibility. If you want to adjust your volume with the air quality division you

have to pay a fee, which is higher than your permit renewal. To me it seems that it would work better with a flat

fee across the board.

3. What is the main goal of the Air Quality Division?

Thank you for your time,

Benjamin L. Hodges

Environmental Coordinator

BREWER OIL CO.

2701 Candelaria NE

Albuquerque, NM 87107

Phone: (505) 884-2040 ext. 2002

Mobile: (505) 453-3275

Fax: (505) 884-1987

, EXHIBrr

g Cj J

"'II.... .., 1.... (\(\0
20.11.47 NMAC, Emissions Inventory Requirements Stakeholder Meeting Letter

Butt, Neal T.

Page 1 of2

From: Amend, Janice C.

Sent: Thursday, December 13, 20.D7 1:09 PM

To: Tavarez, Isreal L.; Albrecht, Christopher P.

Cc:. Nieto, Margaret; Butt, Neal T.

Subject: FW: UNM Comments on proposed reg. 20.11.47 NMAC,Emissionslnventory Requirements

Follow Up Flag: Follow up

Flag Status: Orange

FYI

From: Vernon P Hershberger [mailto:hershber@unm.edu]

Sent: Thursday, December 13, 2007 12:44 PM

To: Amend, Janice C.

Cc: Rocha, Dario W.; Summers, Stephanie A.

Subject: RE: UNM Comments on proposed reg. 20.11.47 NMAC,Emissionslnventory Requirements

• 2nd try. Please let me know how it works this time.

Thx, Vern

From: "Amend, Janice C." [mailto:jamend@cabq.gov]

Sent: Thursday, December 13, 2007 10:03 AM

To: "Vernon Hershberger" <hershber@unm.edu>

Subject: RE: UNM Comments on proposed reg. 20.11.47 NMAC, Emissionslnventory Requirements.

Hi Vern,

I could not open your attachment.

Janice C Amend

From: Vernon Hershberger [mailto:hershber@unm.edu]

Sent:. Wednesday, December 12, 2007 5:21 PM

To: Summers, Stephanie A.

Cc: Rocha, Dario W.; Amend, Janice C.; George Anastas

Subject: UNM Comments on proposed reg. 20.11.47 NMAC, Emissionslnventory Requirements

Hi Stephanie,

Thank you for answering my questions and discussing the newly proposed regulation 20.11.47 NMAC, Emissions

Inventory Requirements this morning. Janice requested that I contact you regarding all my related questions.

In the attached letter I have provided UNM's comments on proposed reg. 20.11.47 NMAC, Emissions Inventory

Requirements. I look forward to receiving AQD's response.

Thanks, Vern

From: "Amend, Janice c." [mailto:jarnend@cabq.gov]

1 '''' 1 jI"\l"l.no
20.11.47 NMAC, Emissions Inventory Requirements Stakeholder Meeting Letter

Sent: Monday, December 10, 2007 10:45 AM

To: <air-quality-announce@lists.cabq.gov>

Subject: 20.11.47 NMAC, Emissions Inventory Requirements Stakeholder Meeting Letter

«Stakeholder Letter 2 12-4-07.pdf»

Janice C. Amend

Air Quality Control Board Liaison

Air Quality Division

City of Albuquerque

768-2601

1/31/2008

Page 2 of2
Department of Safety and Risk Services (SRS) 

1 University of New Mexico 

Albuquerque, NM 87131-0001 

http://srs.unm.edu

Safety Services

MSC07 4100 

Phone: (505) 277-2753 

Fax:(505) 277-9006 

Campus Safety 

Chemical Safety 

Environmental Affairs 

Fire Safety 

Hazardous Materials 

Industrial Hygiene 

Radiation Safety 

Recycling

Risk Services

MSC06 3560 

Phone:(505) 277-9790 

Fax:(505) 277-9799 

Insurance Claims 

Safety Training 

Workers’ Compensation

December 12, 2007 

Janice Amend 

City of Albuquerque 

Air Quality Division (AQD) 

P.O. Box 1293 

Albuquerque, NM 87103 

RE: UNM Comments on Proposed 20.11.47, Emissions Inventory 

Requirements

Ms. Amend: 

Thank you for providing opportunity to review and comment on the 

20.11.47, Emissions Inventory Requirements regulation. As you 

requested, I contacted Stephanie Summers regarding this proposed 

regulation. As usual, Ms. Summers was very helpful and insightful. 

UNM has the following comments regarding the proposed 12/5/07 

stakeholder draft of 20.11.47, Emissions Inventory Requirements. 

20.11.47.2 Scope & 20.11.47.300.A Applicability 

I’m guessing that the AQD does not intend for this to apply to residential 

buildings/sources. However, there is nothing in the Stationary Source 

definition in 20.11.47.7.Y or in the Scope or Applicability sections to 

exclude any such building or source that has emissions, esp. of ubiquitous 

(via combustion or respiration) green house gas (GHG) emissions. 

Therefore, it might be wise to some how narrow the scope and/or 

applicability to the emission sources needing air permits or source 

registrations, or at least to non-residential buildings. 

20.11.47.7.Y “Emission Report” or “Emissions Inventory” 

Please strike out of a community at the end of this definition. Discharged 

to “the atmosphere” should be sufficient to cover any and all communities. 

20.11.47.300.C(4) Certification by Owner 

Since the AQD currently requires submission of emissions inventories 

electronically via an AEI Client file, how is the AQD envisioning that a 

To collaboratively integrate safety, health, environmental and risk management principles and practices throughout the University of New Mexico. 

 The Department of Safety and Risk Services (SRS) will promote this culture of safety by providing excellent customer service and support to the campus community.
responsible official (e.g., the Executive Vice President for Administration at UNM)

would review & certify such a submittal?

Thank you again for allowing review and comment on proposed new & revised

regulations. I look forward to receiving AQD's responses to UNM's comments.

s~~/

Vern Hershberger, CHMM

Environmental Health Manager

To collaboratively integrate safety, health, environmental and risk management principles and practices throughout the University ofNew Mexico.

The Department ofSafety and Risk Services (SRS) will promote this culture ofsafety by providing excell~ customer service and support to the campUs commwrity.
Page 1 of 1

Amend, Janice C.

From: Dear, Mark A.

Sent: Friday, December 14, 2007 6:22 AM

To: Amend, Janice C.

Ms. Amend: In response to the proposed 20.11.47 NMAC. I have read through the proposed regulation, and

although am not adverse to sUbmitting a yearly emissions inventory (something that our permit requires us to do

anyway), I am concerned regarding the format that such inventory will take. If the inventory is to be submitted in

the EPA format that we had to submit in this past year, then I would strongly object to this regulation. That format

is onerous in the extreme, unnecessarily complicated, and extremely time consuming. I do not object to the need

for submitting a yearly emissions inventory, but would prefer a much more common sense approach than that put

forth by the EPA, who seems incapable of producing any regulation or format that incorporates common sense

and simplicity.
Page 1 ofl

Amend, Janice C.

From: Dann Jennifer L Civ 377 MSG/CEVC IJennifer.Dann@kirtland.af.mil}

Sent: Wednesday, December 12,20074:04 PM

To: Amend. Janice C.

Subject: Stakeholder Comments: 20.11.47 NMAC, Emissions Inventory

Attachments: stakeholder_emissionsinventory.doc

Hello Janice,

Here are a few comments for tomorrow afternoon's stakeholder meeting for 20.11.47 NMAC, Emissions Inventory

Reporting. I am planning on attending.

Thanksl

IISIGNEDII

Jennifer Dann

Chief, Compliance Section

377 MSG/CEVC

505-853-3481
Kirtland Air Force Base 

Stakeholder Comments on 20.11.47 NMAC, Emissions Inventory Requirements 

20.11.47.300 B (1) states that a source that meets the requirements under Subsection 

A of 20.11.47.300 NMAC shall submit an emissions report annually. 20.11.47.300 

A, Applicability, includes any source that emits a greenhouse gas, even if those 

sources are currently exempt from permitting and source registration. This would 

result in insignificant sources having to complete annual emissions inventories. For 

example, small natural gas space heaters can emit small amounts of both criteria 

pollutants and greenhouse gases, but they are currently not required to be permitted or 

registered. Recommend the deletion of 20.11.47.300 A (3), which would result in 

emissions inventories required only for sources subject to permitting or registration. 

Section 20.11.47.300 B(3) states that “emissions of all air pollutants included in the 

permit” be included in the emissions report. 200.11.47.300 C(5)(f) lists specific 

pollutants that must be included. This list of pollutants is not consistent with all of 

our permits and their conditions. Do we need to report emissions for pollutants for 

which we do not have permit limits? 

In Section 200.11.47.300 H, it states, “If a greenhouse gas emissions report is 

required by Subparagraph (a) of Paragraph (1) of Subsection G of 20.11.47.300 

NMAC, the report shall contain the following...”. This citation within the regulation 

does not seem to make sense. It seems like it should either be just Paragraph (1) or 

Paragraph (2). 

Is it correct to state that only 20.11.48 NMAC sources are subject to greenhouse gas 

reporting at this time? 
Amend. Janice C.

From:

Sent:

To:

Cc:

Subject:

Attachments:

sfinch@shomaker.com

Sunday, December 30, 2007 8:55 AM

Amend, Janice C.

Nieto, Margaret

stakeholder comments

STF response to 201147NMAC-122907.pdf

STF response to

201147NMAC-122•••Please find attached my comments on 20.11.47 NMAC, Emissions Inventory

Requirements. I will send a signed original by mail.

Steve Finch

1
December 29, 2007 

FROM: Steven T. Finch, Jr. 

 3420 Campus Blvd, NE 

 Albuquerque, New Mexico 87106 

TO: Janice C. Amend 

 Air Quality Control Board Liaison 

 City of Albuquerque 

 P.O. Box 1293 

 Albuquerque, New Mexico 87103 

Re: 20.11.47 NMAC, Emission Inventory Requirements 

Dear Ms. Amend: 

Thank you for sending the Stakeholder letter regarding input on 20.11.47 NMAC, 

Emission Inventory Requirements. As I understand the proposed regulation, the 

objective is “to establish requirements both for submitting inventories of air 

contaminants to ensure that the regulations and standards under the Air Quality Control 

Act and the Federal Act will not be violated, and to require submission of data to 

quantify greenhouse gas emissions in Bernalillo County.” 

 As you may be aware, I had filed complaints on the Twin Mountain Asphalt 

Batching Plant located at I-25 and Menaul Blvd (northwestern corner of the Big I). The 

complaint was based on smell and inhalation of high concentrations of fugitive gases 

such as VOCs and sulfur dioxide. It is my understanding the Asphalt Batching Plant uses 

a No. 2 fuel oil, which contains high concentration of sulfur and nitrogen compounds 

compared to natural gas or other fuel sources (EPA, 2000). This asphalt batching plant 

has annual and hourly emission requirements, with virtually no monitoring or 

enforcement requirements. Monitoring of all gases is based on Opacity Tests, which 

provide no indication of the emission rate and concentration of fugitive colorless gases 

such as sulfur dioxide. By the way, no one from the Air Quality Board has ever 

addressed or responded to my complaints. 

 Another air quality concern relates to emission from commercial vehicles. It is 

my understanding that commercial vehicles (mostly fueled by diesel) are exempt from 

emission testing. From personal observation over the last several years, I have noticed 

that local semi-trucks are poorly maintained (less likely to change filters) and spew 

excessive diesel related emissions than the long-distance hauling trucks. Due to the high 

local trucking traffic, this problem compounds the air quality issue at the Twin Mountain 

asphalt batching plant (located at the Big I). 

 As a citizen of Albuquerque with laymen knowledge of air quality regulations, it 

appears there are a lot of stringent air quality regulations with little to no enforcement on 

the construction industry. 
Janice C. Amend 2 December 29, 2007 

 In summary, I’m requesting a response on how the existing and proposed air 

quality regulations will address the following issues: 

• Improve air quality in Albuquerque, particularly near the Big I. 

• Is it premature to add more regulations when the existing regulations 

do not address or regulate significant emission sources such as fuel 

sources for asphalt batching plants and emissions from commercial 

vehicles? 

• How will the proposed Emission Inventory Requirements help 

improve Albuquerque’s air quality? Will it lead to enforcement of 

emission rates and standards? 

• Annual reporting currently and as proposed in the new regulation does 

not help control emission rates that cause daily, monthly, or seasonal 

problems. There may be a benefit for larger facilities and emission 

sources to provide monthly reporting. 

• It appears the push for regulation of “Green House Gases” is a political 

campaign to fight Global Warming. On a local scale, it would appear 

air quality to promote good health, alternative transportation (walking 

and bicycling), and to reduce health effects such as asthma are more 

important than global warming. Do the new regulations help enforce 

emissions to improve our local environment without providing 

loopholes for industry? 

 I would appreciate your consideration of the issues I have presented in this letter, 

and a response to my concerns would also be greatly appreciated. 

Sincerely, 

Steven T. Finch, Jr. 

3420 Campus Blvd, NE 
OctOber 1,2007

VIAE-MAIL

Joyce Medina, Boani Administrator

Office ofthe Environmental Improvement Boanf

Harold RUDJ1Cls Building

1190 Sl Francis Drive, Room N-21S0 12153

Santa Fe, NM 87502

E·mai1: joyce.nicdina@statc.nm.UI

Re: CommentB Regardina Prop08ed GreeBbouse Gu Emluioul Reportio&

ReguladoDJ, Em No. 07-o6(R)

Dear Board Membm:

ace Rio Grande, Inc. ("GCC") respectfully submits these comments on the New Mexico

Environmental Improvement Board's ("BIB") hearing of matter EIB No. 07.()6(R.), the New

Mexico Environment Department's ("'NMED'') proposal to adopt a new regulation, 20.2.87

NMAC (Greenhouse Gas Emissions Reporting), and to melee related revisions to 20.2.2 NMAC

(Definitions) and 20.2.73 NMAC (Notice of Intent and Emission Inventory ~)

(collectively. the ''NMED Proposal''). The NMED Proposal would impose new reporting

requirements upon electric generating facilities. petroleum refining faciliti.c:s, and cement

manufacturing facilities. I

INTRODUCIlON

GCC is a leading cement. concrete, and aggregates production. :marketing, and services

company in Mexico, Bolivia. and the United States. In 1994, GCe purchased its portJand

cement manufacturing facility located in Tijeras, New Mexico. GCC also pwchased two cerocnt

distribution terminals located in Albuquerque. New Mexico and EI Paso, Texu. Since 2001,

ace has e~anded its operations in the United States to include facilities located in South

I Currently, ace's portland cement manufacturing operations and terminal distribution facilities

are located in Bernalillo County. As such, under New Mexico statute, they are SUbject to the

jurisdiction of the Albuquerque-BemaliUo County Air Quality Control Board. GeC bas been

contacted by staffofthe Albuquerque-Bema1i1lo County Air Quality Control Board. and plans to

participate in an upcoming companion rolemaking to the present NMED PropoaaL GCC is

participating in the present rulemaking to provide comment on this related rulema1cing action.

130 Ramperf Way, Suite 200 • Demw; CO 8D23G
GeC Comments, Em No. 07-06(R)

October I, 2007

Page 2

Dakota, Colorado, Minnesota, Oklahoma, and Arkansas. In addition to lIl8Ikets in which it has

manufacturing facilities, GeC distributes and sells its products in nine othr:r staleB through &

netwoIk ofterminals located South Dakota, Wyoming, and Colorado.

GeC is proud to be an industry leader in the use ofstate-of:the-art technology to produce

portland cement, and is currently pursuing the implementation of several cutting-edge

technologies to improve its production efficiency and to reduce its overall emisaions. GeC's

management plan includes goals ofmaintaining its status as a model ofsustainable development,

social responsibility, and good corporate governance. GeC is committed to continuous

improvement of the environment in the communities where it is present, and particu1arIy to

identifying, preventing, and controUing the environmental aspects ofits own processes

GCC's port1&nd cement and concrete manufacturing facilities have JnBde larp

investments in technologies that reduce environmental impacts, such as the creation of powclcr

collection systems, improvements to fuel handling systema, incorporation of water rcCycIin&

systeIl1'i for wllSbing cement containCIB in its mixers, and use ofthe most efficient collectors,

clinker coolers, and furnaces in its facilities. Further, GCC invests in technologies that COIIS\IIIIO

less electricity and fossil fuel, promotes the use of recyclable containers in process inputs, and

promotes the efficient use of energy in its offices and manufacturing facilities through presence

sensors and other methods of reducing electrical consumption. Gce bu also recently

implemented several specific actions to reduce its overall emissions of greenhouse gases

(''OHGB"), such u:

.• Substituting clinker for fillers in the final grinding process, resulting in lower fiJeI

consumpticm;

• Reducing layers and weight in cement packing, resulting in lower consumption ofpaper;

• Locating its manufacturing facilities near the woIks, resulting in lower consumption of

transpOrtation fuels;

• Using additives in concrete, resulting in lower consumption ofwater;

• Investing in cornpany-owned arboretums and rcforcstBlion; and

• Developing dry mixes, resulting in fewer WBSle materials.

THE CEMENT INDUSTRY

Portland cement production is generally descn'bed as & five-step process. First, prime

materials, such as limestone, clay, aluminum oxide, iron, shale, and silica, llI'C extracted. Second.

the prime materials are ground and separately stored. Third, the prime materials are measured

into specific proportions (depending upon the type of cement to be produced) and ground into &

fine powder. Next, the fine powder is pumped into silos, where the blend is standardized, and

then placed in rotating kilns. In the kilns, the fine powder is calcinated between 750 and 1100

degrees Celcius, and subsequent chemical and physical reactions of minerals occur at
GCC Commenlll, Em No. 07-06(R)

October I, 2007

Page 3

approximately 1500 degrees Celcuis. The resuhing material is commonly refc:md to as clinkcr.

Finally, the clinker is ground and combined with calcium sulfate (gypsum) and certain other

materials (depending upon the type of cement), and then packaged.2

" The process of portland cement manufaeturlng requires large inpulB of energy,

specifically in the fourth step of manufacture, which requires substantial heat to initiate the

chemical and· physical reactiona necessary to combine the materi~ ingredienlB of portlaDd

cement. Energy costs to initiate and,sustain the calcination process 8re the 1Ilrgest incremeDtBl '

costs in portland cement production.3 Carbon dioxide \C02j etWssiona' are a cansequc:DCC of

portland cement production, both from the large energy inputs required to' manufacture port1aDd

cement' and the combustion offuels, and from the calcination process itselt H;o.wevc:r, despite

the large energy requirements of portland cement manufacturing, global CO2 f;missjODl froiD

portland cement production represent only 3.4% oflolaI global CO, emissIOns frOm wasil

combustion and cement production.4 The United States is the thir~-largCSt ceqlC!lt producer in

the world, behind China and India.5 Within the United States, New Mexico ranks 33rd of 37

states" in total volume of portland cement produced.6 New Mexico has the seCond~lowest <;X>2

emissiona from portland cement production of any U.S. state,7 and ,the weighted intensity of

calbon emissiona of New Mexico's portland cetpent ~ustry ranks fourth-lowt,st in the United

States.• , ' "

2 See Jacott, Marissa, el al., Energy Use in the Cement Industry in North America: EmissioDl,

Waste Generation and Pollution Control, 1990-2001 al 6 (May 30, 2003) (prepared for the

Commission for Environmental Cooperation and the 2nd North American Symposium on

Assessing the Environmental Etreets ofTrade).

3Id.

• Hanle, L. J., K. R. Jayaraman, and J. S. Smith, C02 Emissiona Profile of tho U.S. Cemenl

Industry: U.S. EnvironmentBl Protection Agency al 1 (May 3, 2006) al I, tnIOilabk at

http://www.epa.gov/ttnlchief/confercnceleiI3/ghglhanle.pd£

'In 2001, China produced 661 million metric tona of cement andlor clinker, India produced 100

million metric tons, and the United States produced 90 million metric tona. Id. (citing Minerala

Yearl>ook, Vol I, Metals and Minerals, 2002, U.S. Geological Survey, U.S. Departmmlt oftho

Interior (July 2003».

6 Hanle, C<h Emissiona Profile ofthe U.S. Cement Industry al8 (citing EPA Database, 2004).

7Id. al9.

lId. al 10. "Weighted intensity" calculates the volume ofCO2 emittted (in metric tons ofca,)

permetric ton ofcement produced. A lower average indicates a greater efficiency in productillD,

and a lower rate ofC<h ernissioDl.
GCC Comments, EIB No. 07-()6(R)

October 1. 2007

Page 4

Portland cement manufacturing is a key industry in the United States and throughout !be

world. Portland cement is a fundamental ingredient in the production of concrete, the primary

building material for the construction industry. Only a small amount ofconstruction activity can

occur without the use of portland cement and concrete. The construction industry uses portland

cement for numerous projects that form the infrastructure of modem society: residential and

commercial buildijlgs, roads and highways, bridges, tunnels, and dams.9 Because of its wideranging iiupOrtancc in construction ofnearly all infrastructure, portland cement is a biglHlemand

ma'teriaJ, and is produced across the United States.10 Annual portland cement industry sbipmcnlB

are estimated al$13 billion, spread among 115 cement plants in 36 U.S. statea.1l

I; , '

New Mexico consumed approXimately 900,000 metric tons ofportland cement in 2006.

of which aliDost'half WBs imported, and construction work in which this portlllnd cement W88

used WBS valued af approximately $260 milliOn.II New Mexico's portland cement and related

industries employ approximately 4,700 workm. and an even greater number of employmeDl is

depen~ent upon portlaridcement.13 Portland cement and related industries alone contribute

approximiltely $73 million to New Mexico's revenue production, and, together with dependent

industries. contribute nearly $265 million. In short, portland cement is a socially valuable

commodity. and' it playa a vital role in the U.S., regiollll1, and New Mexico economiea. Port1aDd

cement alao playa a key role in critical public infrastructure that is the foundation of U.S.

national ~ty.

THE NMED REGISTRY PROPOSAL

As iJ;ldicat¢ above. GCC actiVely supports and pUISUes cost-effective CQz and GHG

emission reduction opportunities, and, to the extent lhat GHG registry programs contribute 10

such opportunitiea for reduction, GCC supports GHG registries. However. 88 a national and

international portland cement manufacturer. GeC ia concerned about the potential for divergent

state legal ftamewmb for establishing GHG registries. differing requirements for reporting, and

conflicting inceritives for voluntBIY emissions reductions. For these reasons. GCC respectliJ11y

urges the Board to. consider and claritY several important and material issues Qsfm deciding

wbether to adopt the NMED Proposal wilhout modification.

9Id. at I.

10Id

II Portland Cement Association, Economics of lhe U.S. Cement Industry (November 2(06),

available at http://www.cementorgieconlindustJy.asp.

12 Portland Cement Association, SummBIY ofCement-Based Products Industry Statistics (New

Mexico), available at http://www.cement.orgleconlind_stats_state.asp?state=32 (2006 statistics).

13 Id (2006 statistics). Related, dependent employment includes portland cement, ready mix,

concrete, masonry, and constructiOll.
GCC Comments, Em No. 07-G6(R)

October I, 2007

PageS

A. Bsseline Protections for Voluntary Emissions Reduction..

As the NMED Proposal itself notes, the proposed registry program is inextricably 1inked

to New Mexico's announced policy to subsequently develop and implement future regu\atoly

programs intended to reduce GHG emissions in New Mexico. See Notice of Rulemsking

Hearing, New Mexico Register, Vol. XVIII, Number 14 (July 31, 2007) ("These regulations are

part of a broader state effort to address emissions of greenhouse gases."); see also Governor Bill

Richardson's Executive Order 2006-69 § ID(I)(h) ("NMED ••. sha1\ work with other states and

the federal government, as appropriate, to evaluate the effectiveness and feasibility of •

rnandatoI)' market-based emission reduction program with a regional or national scope."):

. For the above noted reasons, in adopting any registry and reporting scheme, GCC urges

the Board to consider modifications to the NMED Proposal to expressly Provide for clear

recognition of rewards or incentives for such voluntary GHG elpissioD reductions prior to

msldng such GHG reductions mandatoty. Governor Richardson's Executive Order specifically

notes that one goal of New Mexico's climate change actions 8S a whole is to "ensure thlIt

businesses in New Mexico may enjoy any benefits, credits, or •baSeline protections' ttiat may be

available under national programs and plana." See Executive Order 2006-69 III 1 (empbsiia

added). ace intends to continue to voluntarily pursue the introduction.into its manufilclUrinl

processes of technically- and cost-effective technologies intend¢ to decreB!lC COJ and

GHG emissions. By doing so, GCC d~ not wish to reduce any "baseline protections" that may

become available to it Accordingly, GCC. urges the Board to consider codifyjnl such

protections in the proposed regulation. Further, GCC believes thlll a welI-designed inventory

and registry system is criticaI. A. registry scheme must be auditable and reputable, clearly

defuled, and must recognize early action. '

B. Codification of "Best Practices" aod WBSCD Cement Co. Emission. 8nd

Monitoring ProtosoL

While weD-intentioned, it is not currently discernable from the NMED Proposal by what

substantive meanl tb,e NMED will develop an inventoI}' and reporting program.' Rather, the

NMED Proposal refers only to "the greenhouse gas emissions reporting tool and procedures

provided by the ~epartment" that hav~ not yet been fulalized, and that may cluinge over the

course \lfthe regJstry program. See Proposed 20.2.87.202(B) NMAC (tool and proccdurea will

be made available for public review and comment III least sixty days prior to the beginnIng Of.

greenhouse gas emission reporting year). Moreover, the proposed standird refers to, IIDd

requires consistency with; the "best practices accepted by the C1imate RegistI}' or the California

Climate Action registry." Id. III 20.2.~7 .202(B)(2). However, hnportairt detaila ofthe J;eJlOItiDg

scheme are left to ~ubsequent determinations by agency stafl; may change over time based upon

the "best practices" of a non-New Mexico entity, and, in the ca.se ofthe CIimate RegiltI}', 'have

not yet been finalized 14 Accordingly, GCC is unable to evaiuBle or specifica1ly comment upon

14 The C\imBte RegistI}', Key Dates, available at http://www.thec1imateregistry.orgIcrdatcs.html

(indicBling thlll Draft Protocols wilI be released for public comment in \Ble October, 2007). The

(f-COIIliIoIedOIl ""'"
GCC Comments, Em No. 07-06(R)

October 1,2007

Page 6

any such reporting procedures at this time. GCC urges the Board to require NMED to propose a

final reporting tool and reporting procedure that will not be altered before deciding whether to

adopt theNM:ED Proposal. .

In the alternative, GCC respectfully proposes that the Board require NMED to

acknowledge that the World Business Council for Sustainable Development ("WBCSD")

Cement CO2 EIDissiona and Monitorlng Protocol is one such ''best practice" exclusively for the

reporting of direct GHG emissions from individual portland cement manufactwing facilities. As

such, GCC respectfully proposes that the Board codify such acknowledgement in the text ofthe

proposed regulation.15 . .

. The WBCSD began its Cement Sustainability Initiative (''CSI'') in 1999 with the

ob~ve of·finding .new WByB to meet thesustainability challenge of reducing the cement

indllSbY's ecological footprint, increasing stakeholder· engagement, BDd understanding the

industry's social contributions. Under the sponsorship of the WBCSD, the CSI working gro1Ip

cornmiSsion~ extensive independent research into how the cement industry can JDCet iIa

sustainability'challenges. Also within WBCSD, the GreenhoUBC Gas ProtoCol Initiative ("GHO

Initiative") is a· multi-stakeholder p·artnership of businesses, non-governmental organizatioDa

(NGOs), governments, and others convened jointly by the World Resoun:e8 Institute (WRI), a

U.S.-b8.sed environmental NGO, and the WBCSD. The OHO Initiative's miaaion is to develop

intema~ionally accepted GHO accounting and reportingstandarda for businC88 and·to promote

the~ tiroad adoption. The OHO Initiative promotes the goal of uniform atlindardato allow

companies to understand and IllBliage their OHO risks to· etI8UR: long-tenn succea& in a

competitive business environment, ancrto be prepared for future national or regional climate

policies.16 .

ffoo-t:fJftI/ItwJfram poge)

Climate Registry will propose draft accounting and reporting protocols for member states, and

will accept public comment on the protocols through at least November, 2007. 'Ibe draft

protocols 1IR expected to address issues such as geographic boundaries, organizational

boundaries, definitions ofreporting entities, stationary and mobile source einissiollB, treatment of

indirect emissions, emissions quantification, establishing and updating baBe year, aettin&

performance metrics, public reporting. third party verification, and cmbon sinks/offsets.

15 Su World Business Council for Sustainable Development (WBCSD), The Cement C~

Protocol: Co, Accounting and Reporting Standard for the Cement Industry (March 2(04) at 2-3,

lNailab1e at http://www.wbcsd.org!weblpublicationslghg-protocol-revised.pdf; and World

Business Council for Sustainable Development (WBCSD), C~ Accounting and Reportina

Standard for the Cement Industry (June 2OOS), available al http://www.wbcsd.org!web/

pUblicationslcement-tfI.pdf

161d.
GCC Comments, BIB No. 07-06(R)

October I, 2007

Page 7

GCC also encourages the Board to consider the NMED Proposal in light of concerns that

imposing heightened requirements applicable only to New Mexico may atI;ect the '~Omie competitiveness ofNew Mexico cement New Mexico Stsle and City of Albuquerque officiall

recently recognizedthiil..goal in responding ,to recent cementsb~rtages.in. ):Ile~ Mexico!' In

response to New Mexico's request, U.S. Commerce Secretsry Carlos Gutierrez recently signed a

three-year agreement with Mexico Secretary ofEconomy Sergio Garcia de Alba to pbase out the

anti-d~ing duty on imported cement from Mexico, suspending U.S. tar..iffii. M~

ce~t.l Given the importance of cement to a significant portion of New Mexit;a's CCOIK!!qY:

and'eeononuc growth, uniform regulation is important to.ensuring1hat New ~~co's intaesti

are subject to the same requirements as international and interstale competitol'1\- " " I' '

c. Vehicle Em'lsstons Reportlng Requirement;

GCC also respectfully requests,thal the.'Board.~Iari1Y the,jssue of~reporting of

Co, and other GHGs emitted from vehicles. As currently drsfted, the NMED PI9JlOS81 requires

an owner or operator to report "all direct emissions of caJbon dioxide from the ticility" during

the first reporting year. See Proposed 20.2.87.201(A). During subsequent reporting yean,

however, "direct emissions from motor and nonrosd vehicles" are excluded from required

reporting. See ill. ilt 20.2.87.201 (B) and (C). The requirement ofreporting ofvd,!ic1e emissions

during the fust year, bilt not Subsequent years, requires clarification,. Further" if vehicle

emissions reporting will be required, GCC urges ·the Board to codify standards for

such emissions within the text ofthe regulation.

D. Indirect GHG Emissions Reporting Requirement.

GCC is concem~d that 1l\e requirement that "indirect greenhouse gas emissions from all

electricity, steam, and heat purchased and eonswned at the facility" will be difficult, if not

impossible, to report, and may resuh in double-counting of GHG emissions. Gee respectful1y

requests this aspect ofthe NMED Proposal be deleted. Such a step would not weaken the intent,

integrity, or pwpose behind a program requiring' certain stationary sources in New Mexico to

inventory and report their GHG emissions. The pwpose ofthe proposed GHG emissions registry

is to establish a record of current emissions, and requiring reporting of direct emissions will

17 See Press Release, Governor Bill Richardson and Three Colleagues Ask U.S. Commerce

Secretary fur Assi~ on Mexican Cement Tarim (August 10, 2(05), available at

http://gov.state.nm.uslpressl200S/augustl08100S_I.pdf(noting that 'The consttuction industry is

driving economic growth in our states and across the country, and eHrninating this obsolete tariff

will protectjobs and show support for American businesses.").

II New Mexico Business Weekly, Mexican Cement May Flow To NM Thanks To Compact

(March 10, 2(06), available at bttp:l/albuquerque.bizjourna1s.comlalbuquerquelstoriesl2006f

03/13/st0ry3.hlm1.
GCC Comments, Em No. 07-06(R)

October 1,2007

Page 8

sati~fy this goal. Requiring calculation and reporting of indiI'ect emissiona will further burden

the process with9ut si~ficantgain.

. E. Reconciliation of the NMED Proposal With Federal Regulation.

Further, GCC also Urges the Board to consider how the NMED Proposal, if adopted, will

reConCile with potential federal requirements that may Ultimately be imposed. The NMED

Proposal does 110t provide guidance regarding the interaction of the NMED Proposal with otha:

complementary or .superseding requirements. GCC urges the Board to conaider, and to

supplement the proposed regulation with information regarding, whether the New Mexico

regulation will be affected by federal regulation, conflicting or otherwise. Similarly, the current

proposal is not clear whether it is intended as an liinendment to New Mexico's federal Clean Air

Act State Implementation Plan (SIP) or if it would be a "state-only" regulation. These &nl

substantive and material elements of anyGHG' proposal that must be stated in any proposed

StateregUlatioo., . . .

CONCLUSION

GCC urges the Board to consider the issues, proposed revisiona, ana clarifications raised

herein before 'adopting the NMED Proposal. One or more GCC representatives plan to attend the

October 2 hearing and would be pleased to verbally summarize these comments and to respond

to any questiOIll.

Sincerely,

[~S~k Enrique~te, President 7 TR.D

GeC Rio Grande, Inc.

DN:32129I3CU
EXHIBIT

(Oey

TITLE 20

CHAPTER 11

PART 47

ENVIRONMENTAL PROTECTION

ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD

EMISSIONS INVENTORY REQUIREMENTS

20.11.47.1 ISSUING AGENCY: Albuquerque-Bernalillo County Air Quality Control Board, c/o

Environmental Health Department, P.O. Box 1293, Albuquerque, New Mexico 87103. Telephone: (505) 768-2601.

[20.11,47.1 NMAC . N, 5/1/08]

20.11.47.2 SCOPE: 20.11,47 NMAC applies to each person who owns or operates a source or who intends

to construct or modify a source within Bernalillo county, but does not apply to sources in Bernalillo county that are

located on Indian lands over which the Albuquerque-Bernalillo county air quality control board lacks jurisdiction.

[20.11,47.2 NMAC - N, 5/1108]

20.11.47.3 STATUTORY AUTHORITY: 20.11.47 NMAC is adopted pursuant to the authority provided in

the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint Air Quality Control

Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance,

Revised Ordinances of Albuquerque ROA 1994 Section 9-5-1-4.

[20.11.47.3 NMAC - N, 5/1/08]

20.11.47.4 DURATION: Pennanent.

[20.11,47,4 NMAC - N, 5/1/08]

20.11.47.5 EFFECTIVE DATE: May 1,2008 except where a later date is cited at the end ofa section.

[20.11.47.5 NMAC - N, 5/1/08]

20.11.47.6 OBJECTIVE: The objective of 20.11.47 NMAC is to establish requirements both for submitting

inventories of air contaminants to ensure that the regulations and standards under the Air Quality Control Act and

the federal act will not be violated and to require submission of data to quantify greenhouse gas emissions in

Bernalillo county.

[20.11.47.6 NMAC - N, 5/1/08]

20.11.47.7 DEFINITIONS: In addition to the definitions in 20.11.47 NMAC, the definitions in 20.11.1

NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11,47 NMAC shall

govern.

A. "Actual emissions" means the quantified emissions of a regulated air contaminant from a

stationary source for every 12-month period. Valid continuous emission monitoring data or source test data shall be

preferentially used to detennine actual emissions. In the absence of valid continuous emissions monitoring data or

source test data, the basis for determining actual emissions shall be quantified using actual operating hours,

production rates, throughputs of process materials, throughputs ofmaterials stored, usage of materials, data provided

in manufacturer's product specifications, material volatile organic compound (VOC) content reports, laboratory

analyses, or any other technically acceptable data as approved by the department in advance and in writing. All

calculations of actual emissions shall use USEPA or department approved methods including emission factors and

assumptions.

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

thereof the operation ofwhich 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.

C. "California climate action registry" means the voluntary registry for greenhouse gas emissions

established pursuant to California Health and Safety Code D. 26, Pt. 4, Ch. 6, as amended.

D. "Carbon dioxide" means the chemical compound containing one atom of carbon and two atoms

ofoxygen.

E. "Commencement" or "commence" means that an owner or operator has undertaken a

continuous program of construction or modification.

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

including temporary installations and portable stationary sources.

G. "Emissions report" or ""emissions inventory" means a listing, by source, ofthe amount of air

contaminants and greenhouse gas emissions discharged into the atmosphere.

20.11.47 NMAC
20.11.47 NMAC 2

H. “Fuel carbon content” means the mass of carbon per unit of heat content of a fuel. 

I. "Fugitive emissions" are those emissions that could not reasonably pass through a stack, 

chimney, vent, or other functionally-equivalent opening. 

J. "Greenhouse gas" means any of the following: carbon dioxide, methane, nitrous oxide, 

hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride. 

K. "Greenhouse gas emissions reporting year” means the calendar year in which greenhouse gas 

emissions required to be reported under 20.11.47 NMAC occurred. 

L. “Hydrofluorocarbons” means gaseous chemical compounds containing only hydrogen, carbon, 

and fluorine atoms. 

M. “Methane” means the chemical compound containing one atom of carbon and four atoms of 

hydrogen. 

N. "Modification" means any physical change in, or change in the method of operation of, a 

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

the source or that 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 the 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 a natural gas 

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

O. “Nitrous oxide” means the chemical compound containing two atoms of nitrogen and one atom 

of oxygen.

P. "Nonattainment area" means, for any air pollutant, an area that has been designated as a 

nonattainment area under Section 107 of the federal act. 

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

R. "Owner" means the person or persons who own a facility or part of a facility. 

S. “Perfluorocarbons” means gaseous chemical compounds containing only carbon and fluorine 

atoms. 

T. "Portable stationary source" means a source that can be relocated to another operating site with 

limited dismantling and reassembly, including as an example, moveable sand and gravel processing operations and 

asphalt plants. 

U. "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 a 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. 

V. "Potential to emit" means the maximum capacity of a stationary source to emit an air 

contaminant under its physical and operational design, except that a physical or operational limitation on the 

capacity of a source to emit an 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 

design if the limitation is federally enforceable; however, the potential to emit for nitrogen dioxide shall be based on 

total oxides of nitrogen. 

W. "Regulated air contaminant" means an air contaminant, the emission or ambient concentration 

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

 X. “Responsible person” or “responsible official” means the person designated in a permit or 

source registration, who is responsible for complying with the permit, or source registration and 20.11.47 NMAC. 

 Y. "Shutdown" means the cessation of operation of air pollution control equipment, process 

equipment or process for any purpose, except routine phasing out of batch process units. 
20.11.47 NMAC 3

Z. "Stationary source" or "source" means a structure, building, equipment, facility, installation 

(including temporary installations), operation or portable stationary source that emits or may emit an air 

contaminant; a research facility may group its sources for the purpose of 20.11.47 NMAC with the prior written 

approval of the director of the department. 

AA. “Sulfur hexafluoride” means the chemical compound containing one atom of sulfur and six 

atoms of fluorine. 

BB. “Sulfur oxides” means compounds containing sulfur and oxygen, including sulfur dioxide (SO2). 

CC. “The climate registry” means the nonprofit corporation entitled “the climate registry” that is 

incorporated pursuant to the District of Columbia nonprofit corporation act for the purpose of creating and operating 

a multi-state greenhouse gas emissions registry. 

DD. “Western backstop sulfur dioxide trading program” means 20.11.46 NMAC, if triggered as a 

backstop in accordance with the provisions of the section 309 regional haze state implementation plan element for 

Albuquerque-Bernalillo county, New Mexico, to reduce regional sulfur dioxide emissions. 

[20.11.47.7 NMAC - N, 5/1/08] 

20.11.47.8 VARIANCES: No person can obtain a variance from the requirements of 20.11.47 NMAC. 

[20.11.47.8 NMAC - N, 5/1/08] 

20.11.47.9 SEVERABILITY: If for any reason any section, subsection, sentence, phrase, clause or wording 

of 20.11.47 NMAC is held to be unconstitutional or otherwise invalid by any court or the United States 

environmental protection agency, the decision shall not affect the validity of remaining portions of 20.11.47 NMAC. 

[20.11.47.9 NMAC - N, 5/1/08] 

20.11.47.10 CONSTRUCTION: 20.11.47 NMAC shall be liberally construed to carry out its purpose. 

[20.11.47.10 NMAC - N, 5/1/08] 

20.11.47.11 SAVINGS CLAUSE: The filing of 20.11.47 NMAC, Emissions Inventory Requirements, and the 

filing of any amendment to 20.11.47 NMAC with the state records center and archives shall not affect any action 

pending for violation of a city or county ordinance, a board regulation, or a permit, and shall not affect a petition 

filed pursuant to 20.11.47 NMAC. Prosecution for violation of a prior statute, ordinance, part or permit shall be 

governed and prosecuted under the statute, ordinance, part or permit wording in effect at the time the violation was 

committed. 

[20.11.47.11 NMAC - N, 5/1/08] 

20.11.47.12 COMPLIANCE WITH OTHER REGULATIONS: Compliance with 20.11.47 NMAC does 

not relieve a person from responsibility for complying with any other applicable federal, state, or local regulations. 

[20.11.47.12 NMAC - N, 5/1/08] 

20.11.47.13 DOCUMENTS: Documents incorporated and cited in 20.11.47 NMAC may be viewed at the 

Albuquerque environmental health department, Suite 3023, One Civic Plaza, 400 Marquette NW, Albuquerque, 

NM. 

[20.11.47.13 NMAC - N, 5/1/08] 

20.11.47.14 EMISSIONS INVENTORY REQUIREMENTS: 

 A. Applicability. 20.11.47.14 NMAC applies to the owner or operator of every stationary source, 

located within Bernalillo county that: 

 (1) has an active permit issued pursuant to 20.11.41 NMAC, Authority to Construct, or 20.11.42 

NMAC, Operating Permits; or 

 (2) is required to file a source registration pursuant to 20.11.40 NMAC, Source Registration. 

 B. Reporting requirements. 

 (1) A source that meets requirements under Subsection A of 20.11.47.14 NMAC shall submit an 

emissions report annually. A source is not required to submit an emissions report more frequently than annually. 

 (2) The department will provide a complete copy of an owner or operator’s submitted emissions 

report when requested in writing by the owner or operator. 
20.11.47 NMAC 4

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

report in the format specified by the department; the report shall state accurately the emissions of all air pollutants 

included in the permit requested for any specified calendar year. 

 (4) Except as provided in Paragraph (5) of Subsection B of 20.11.47.14 NMAC, if the owner or 

operator is required to submit an emissions report to the department, the owner or operator shall submit the report by 

March 15 for the previous calendar year or any other calendar year. 

 (5) Sources required by a permit to submit an annual emissions report on a specific date shall submit 

the report on the specified date. 

 C. Content of emissions reports. Emissions report contents for reports required by Subsection B of 

20.11.47.14 NMAC shall include: 

 (1) the air quality stationary source permit number or source registration number; 

 (2) the name, address, if any, and physical location of the stationary source; 

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

 (4) a certification signed by the owner, or operator, or a responsible official or designated 

representative, attesting that the statements and information contained in the emissions report are true and accurate 

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

signature, and telephone number of the certifying official; for sources subject to 20.11.42 NMAC, the certification 

shall be made as required by 20.11.42 NMAC; 

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

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

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

 (c) schedule of operation; 

 (d) annual process or fuel combustion rates; 

 (e) fuel heat, sulfur, and ash content; 

 (f) estimated actual emissions in pounds per year of total suspended particulate, PM10, PM2.5, 

ammonia, sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead, including fugitive 

emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime; 

 (g) speciated hazardous air pollutants, if requested by the department; and 

 (h) a description of the methods utilized to make the estimates, including calculations; 

 (6) for smelters, an annual report of sulfur input stated in tons per year; and 

 (7) all information required by 40 CFR Part 51, Subpart A, Emissions Inventory Reporting 

Requirements, as amended. 

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

addition to the contents required by Subsection C of 20.11.47.14 NMAC, emissions reports from sources located in 

ozone nonattainment areas that emit nitrogen oxides and volatile organic compounds shall also include the following 

information: 

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

by the department; 

 (2) estimated actual emissions of nitrogen oxides and volatile organic compounds in pounds per day 

for a typical day during the peak ozone season for: 

 (a) each emissions point; and 

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

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

requirements of Paragraph (5) of Subsection C of 20.11.47.14 NMAC for emissions that the department determines 

to be insignificant pursuant to 20.11.42 NMAC, except the following shall not be waived: 

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

nonattainment; and 

 (2) emissions reporting required by the federal act. 

 F. Emission tracking requirements for sulfur dioxide emission inventories. In addition to 

complying with the requirements of Subsections A through E of 20.11.47.14 NMAC, an owner may be subject to 

20.11.46 NMAC, Sulfur Dioxide Emissions Inventory Requirements; Western Backstop Sulfur Dioxide Trading

Program. 

[20.11.47.14 NMAC - N, 5/1/08] 
20.11.47 NMAC 5

20.11.47.15 GREENHOUSE GAS EMISSIONS INVENTORY REQUIREMENTS: 

 A. Applicability. 20.11.47.15 NMAC applies to the owner or operator of every stationary source, 

located within Bernalillo county that emits a greenhouse gas as defined in Subsection J of 20.11.47.7 NMAC and: 

 (1) has an active permit issued pursuant to 20.11.41 NMAC, Authority to Construct, or 20.11.42 

NMAC, Operating Permits; or 

 (2) is required to file a source registration pursuant to 20.11.40 NMAC, Source Registration. 

 B. Reporting requirements. 

 (1) Any stationary source subject to 20.11.47.15 NMAC, if requested by the department, shall: 

 (a) submit a greenhouse gas emissions inventory by the deadline and as required by the 

greenhouse gas emissions reporting procedures established by the department, but not more often than annually; or 

 (b) report greenhouse gas emissions from the stationary source in accordance with 20.11.48 

NMAC; or 

 (c) provide the department with access to the requested information for the greenhouse gas 

emissions reporting year registered in either the climate registry or the California climate action registry. 

 (2) When the department determines the deadlines for submitting greenhouse gas emissions reports 

and reporting procedures, the department shall provide an opportunity for public comment, and shall consider: 

 (a) public comments regarding the schedule of the reports and greenhouse gas emissions 

reporting procedures; 

 (b) emissions quantification standards and best practices approved or recommended by federal 

and state agencies, by greenhouse gas emissions registries, and by non-governmental bodies having expertise in 

greenhouse gas emissions quantification; 

 (c) whether, considering the amount and chemical composition of the emissions, greenhouse 

gas emissions from a particular source or source type are expected to be insignificant relative to emissions from 

other sources or source types; and 

 (d) whether, considering the amount and chemical composition of the emissions, emissions of a 

particular greenhouse gas from a source or source type are expected to be insignificant relative to the total 

greenhouse gas emissions from that source or source type. 

 C. Content of greenhouse gas emissions reports. If a greenhouse gas emissions report is required 

by Subparagraph (a) of Paragraph (1) of Subsection B of 20.11.47.15 NMAC, then the report shall contain the same 

information required by Paragraphs (1) through (4) of Subsection C of 20.11.47.14 NMAC as well as the following 

information: for each emission point, as required by the department under the greenhouse gas emissions reporting 

procedures or other methodologies and procedures approved by the department in advance and in writing, the 

estimated actual emissions of greenhouse gases, including fugitive emissions and emissions occurring during 

maintenance, start-ups, shutdowns, upsets and downtime. 

[20.11.47.15 NMAC - N, 5/1/08]

HISTORY OF 20.11.47 NMAC:

Pre-NMAC History: none. 

History of Repealed Material: [Reserved] 

NMAC History: [Reserved] 
FLOOR AMENDME T

20.11.47.15 GREE HO SE GAS E I SIO, INVENTORY REQ IREMEI TS:

A. Applicability. 20.11.47.15 N"MAC appJie (0 the owner or operator of every tationary

source, located within Bernalillo county that emits a greenhou e gas as defined in Subsection J of

20.11.477 AC and:

(1) has an active pennit issued pur uanl to 20.11.41 MAC, Authority 10 Construct, or

20.1 1.42 AC, Operating Permits; or

(2) is required to file a source regi tration pur uant to 20. 11.40 NMAC Source Registration.

B. Reporting requirement.

(1) An tationary source ubj eet to 20.11.47.15: MAC, if requested by the

department, hall:

(a) submit a greenhouse gas emi ion inventory by the deadline and a. required by

the greenhou e gas emissions reporting procedure establi hed by the department, but not more often than

annually; or

(b) report greenhouse gas emis ions from the stationary source in accordance with

20.11.48 MAC; or

(c) provide the department with aece to the requested information for the

greenhouse gas emissions reporting year registered in either the climate registry or the California climate

action regi try.

(2) When the department detennines the deadline for submitting greenhouse gas emi sian

reports and reporting procedure, the department shall provide an opportunity for public comment and

shall con ider:

(a) public commenL'> regarding the schedule of the report, and greenhouse gas

emi ion reporting procedure ;

(b) emi sian quantification tandards and best practices approved or recommended

by fi deral and state agencie , by greenhouse ga emi sions registries, and by non-governmental bodies

having expertise in greenJlou e gas emissions quantification;

(c) wheth r, considering the amount and chemical composition ofthe emissions,

greenhou e gas emissions from a particular source or ource type are expected to be insignificant relative to

emi ions from other sources or OUIce types; and

(d) whether, considering the amount and chemical composition of the emissions,

emi ions of a particular greenhouse gas from a ource or source type are expected to be insignificant

relati e to the total greenhouse gas emissions from that source or source type.

C. Content of greenhouse ga emissions reports. If a greenhouse gas emission report is

required by Subparagraph (3) of Paragraph (l) of ubsection 8 of 20.11.47.15 AC, the report shall

contain the same information required by Paragraphs (I) through (4) of Subsection C 01'2 .] 1.47.14

NMAC as well as the following information: for each emission point, a required by the department under

the greenhouse gas emis ions reporting procedures or other methodologies and procedures approved by the

department in advance and in writing, the estimated actual emissions of greenhouse gases, including

fugitive emissions and emi sions occurring during maintenance, tart-ups, hutdowns, up et and

downtime.

[20.11.47.15NM C- , /1/08)

HI TORY OF 20.11.47 l MAC:

Pre-NMAC History: none.

Hi tory of Repealed Material: (Reserved]

AC History: [Re erved)
ALBUQUERQUE-BERNALILLO COUNTY

AIR QUALITY CONTROL BOARD

EXHIBIT

D ftA d

Chair, Mr. Jens Deichmann, County Vice Choir, Dr. Debby Potter, PhD, County

Dr. Matlhew Campen, PhD, City Mr. Augustine Grace III, PE, City

Mr. Mike Minturn, City Dr. Gwen Sun, M.D., County

Mr. Art Sharpe, City Louis Pacias, BCPC Liaison

Mr. Isreal Tavarez, Air Quality Division, Secretary to the Board

ra e:en a

Date: March 12,2008 (Wednesday) Location:

Time: 5:30 p.m. Vincent E. Griego Chambers

Albuquerque-Bernalillo County

General inquires regarding this agenda may be directed to Janice Amend (505) 768-2601 Government Center

(jamend@cabq.guv). 400 Marquette NW

Albuquerque NM.

Hearings

Proposal to adopt 20.11.47 NMAC, Emissions I11Ventory Requirements.

Proposal to incorporate a newly adopted 20.l].47 NMAC into the New Mexico State Implementation Plan (SIP) for

air quality.

Regular Monthly Meeting Draft Agenda

CALL TO ORDER

Item #1 Approval ofAgenda (Chair)

Item #2 Approval ofFeb. 13,2008 Meeting Minutes (Chair)

ACTION ITEMS

Item #3 Decision regarding Proposal to adopt 20.11.47 NMAC, Emissions I11Ventory Requ;remenJ3..

Item #4 Decision regarding Proposal to incorporate a newly adopted 20,l],47 NMAC into the New

Mexico State Implementation Plan (SIP) for air quality.

REPORTS Division Reports provided in writing. Staff' available for questions.

Item #5 .Environmental Just Task Force report - Kitty Richards, Dr. Margaret Menacbe

OTHER BUSINESS

Item #6 Receipt of Feb. 28, 2008 letter from U. S. Forest Service regarding 20.I 1.20 NMAC. Fugitive

Dust Control

Item #7 Reminder of upcoming Board activities on Apn19:

• Reappointment ofBoard members.

• Election ofChair and Vice Chair for 2008-2009.

• Election ofBoard member as non-voting advisory member and alternate to Mid-Region

Council ofGovemments (MRCOG) Transportation Program Task Group (TPTG) and

Transportation Coordinating Committee (TCe).

Item "#8 Reminder ofHearing on May 14:
Proposal to adopt revisions to the§ection 309 Regional Haze State Implementation Plan element;

Albuquerque/Bernalillo County, NM.

Proposal to amend 20.11.46 NMAC, Sulfur Dioxide Emissions Inventory Requirements; Western

Backstop Sulfur Dioxide Trading Program to meet the Regional Haze requirements ofthe federal

Clean Air Act and 40 CFR 51, Subpart P Section 309.

Proposal to incorporate an amended Section 309 Regional Haze State Implementation Plan

Element: Albuquerque/Bernalillo County, NM; and an amended 20.11.46 NMAC, Sulfur Dioxide

Emissions Inventory Requirements Western Backstop Sulfur Dioxide Trading Program into the

New Mexico State Implementation Plan for Air Quality (SIP).

PUBLIC COMMENT

ADJOURNMENT

NEXT SCHEDULED BOARD MEETING: April 9, 2008, 5:30 p.m.

Notice to persons with disabilities: Ifyou have a disability and require special assistance to participate in this

process, please call 311 (Voice) and special assistance will be made available to you to receive any public meeting

documents, including agendas and minutes. TTY users may request special assistance by calling 1-800-659-8331.
ATTACHMENT E 

Copy of the Hearing Transcripts from Rulemaking Hearing
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 1

 BEFORE THE ALBUQUERQUE-BERNALILLO COUNTY

 AIR QUALITY CONTROL BOARD

IN THE MATTER OF THE

PROPOSAL TO ADOPT 20.11.47

NMAC, EMISSIONS INVENTORY

REQUIREMENTS.

 TRANSCRIPT OF PROCEEDINGS

 BE IT REMEMBERED that on the 12th day of

March, 2008, this matter came on for hearing before

MARIA DOMINGUEZ, Hearing Officer, at the Vincent E.

Griego Chambers of the Albuquerque/Bernalillo County

Government Center, 400 Marquette, Northwest,

Albuquerque, New Mexico, at the hour of 5:40 PM.
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 2

1 A P P E A R A N C E S

2 HEARING OFFICER:

3 MS. MARIA DOMINGUEZ

4

5 FOR THE CITY OF ALBUQUERQUE:

6 ROBERT M. WHITE

7 CITY ATTORNEY

8 1 Civic Plaza, Northwest

9 Albuquerque, New Mexico 87102

10 BY: MS. ADELIA W. KEARNY,

11 Deputy City Attorney

12

13 FOR THE ENVIRONMENTAL HEALTH DEPARTMENT:

14 MR. NEAL BUTT

15 Environmental Health Department

16 1 Civic Plaza, Northwest

17 Albuquerque, New Mexico 87102

18

19

20

21

22

23

24

25
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 3

1 MS. DOMINGUEZ: Good evening. We will start

2 with the hearing. This is a combined public hearing

3 being held on March 12, 2008, in the Vincent E. Griego

4 Chambers of the Albuquerque Bernalillo County Government

5 Center in Albuquerque, New Mexico. The time is

6 approximately 5:40 p.m.

7 This is a hearing of the

8 Albuquerque/Bernalillo County Air Quality Control Board,

9 and it is to consider the adoption of 20.11.47 NMAC,

10 entitled Emissions Inventory Requirements, as well as

11 the proposal to incorporate 20.11.47 NMAC into the New

12 Mexico State Implementation Plan, or SIP, for air

13 quality.

14 My name is Maria Dominguez. I am board

15 counsel. I advise the board, however, I am not a member

16 of the board, and I will not be voting. I have been

17 authorized by the board to conduct this hearing. All

18 members are present, including Member Campen, Member

19 Sharpe, Dr. Potter, Chairman Deichmann, Member Minturn,

20 Member Sun, Member Grace and Member Pacias.

21 The court reporter tonight is Catherine Leon,

22 and she works with the Kathy Townsend court reporting

23 firm. If anybody wishes to obtain the transcript, you

24 would contact Kathy Townsend's office and also arrange

25 to pay them directly for the transcript of tonight's
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 4

1 hearing.

2 The Air Board hearings actually do not follow

3 the rules of evidence as they would in a court of law.

4 However, it is important to remember the Board must make

5 its decision based on sworn testimony and evidence

6 admitted at this hearing. Discussions that take place

7 during the Board meeting are not the same as sworn

8 testimony.

9 At this hearing, I will limit testimony that

10 is irrelevant or repeats prior testimony. As hearing

11 officer, I will make the decision as to what is relevant

12 and what is repetitious. I will also rule on whether

13 evidence or exhibits will be admitted into the record,

14 as well as on any motions or objections.

15 I will further instruct the Board that in

16 making its regulations in accordance with the New Mexico

17 Air Quality Control Act, the Board shall give the weight

18 it deems appropriate to all facts and circumstances,

19 including, but not limited to, the character and degree

20 of injury to or interference with health, welfare,

21 visibility and property and, number two, the public

22 interest, including social and economic value of the

23 sources and those subject to the air contaminants.

24 We will begin with the Albuquerque Air Quality

25 Division. Once they have concluded, there will be an
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 5

1 opportunity for proponents of the proposed regulation to

2 speak. After that, opponents will have the opportunity

3 to do so. If you have not signed in and wish to speak

4 at the hearing, please do so at this time, and I will

5 give you an opportunity to speak.

6 Once the hearing is concluded, the Board

7 members may ask questions, and also members of the

8 public, as well as members of staff, may ask questions

9 of any witness that has testified. With that, we shall

10 begin. All witnesses will be sworn in and please give

11 your name, who you represent, as well as your address.

12 Mr. Butt.

13 MR. BUTT: Good evening, members of the Board.

14 My name is Neal Butt, and I will be providing an

15 introduction to tonight's hearing on the proposal to

16 adopt the new regulation, 20.11.47, NMAC, Emissions

17 Inventory Requirements. The staff's proposed new

18 regulation is the same as the Public Review Draft, which

19 was released on January 26, 2008, and is shown as AQD

20 Exhibit Number 1, with one minor change in the form of a

21 floor amendment as shown in AQD Exhibit 10b.

22 Non-substantive changes were made at the behest of the

23 New Mexico State Records Center and are shown in AQD

24 Exhibit 10a, but these do not require any floor

25 amendment.
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 6

1 Following my testimony, I will turn the floor

2 over to the technical panel to answer questions from the

3 Board and the public. If the Board adopts the

4 regulations as proposed, we will request that you also

5 direct staff to submit the proposed regulation to the

6 U.S. Environmental Protection Agency, or EPA, for

7 incorporation into the New Mexico State Implementation

8 Plan for air quality, or SIP. The Board is the entity

9 within Bernalillo County, New Mexico, that is empowered

10 by the New Mexico Air Quality Control Act, with

11 authority to implement provisions of the federal Clean

12 Air Act, adopt air quality regulations and revise the

13 SIP.

14 I am an Environmental Health Scientist for the

15 Control Strategies Section of the Air Quality Division

16 of the City of Albuquerque's Environmental Health

17 Department. I have been working in the Environmental

18 Health Department for over ten years, the last six of

19 which have been in air quality. I hold both a master's

20 degree and bachelor's degree in biology, as well as

21 associate's degrees in both criminal justice and

22 environmental protection. My chief responsibility is

23 the promulgation of air quality regulations within the

24 County of Bernalillo.

25 For the record, I want to state that legal
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 7

1 notice for tonight's proceedings was advertised in the

2 Albuquerque Journal, as shown by AQD Exhibit 5b. A copy

3 of this legal ad and tonight's agenda were sent to Air

4 Quality Announce listserve shown in AQD Exhibits 4 and

5 10c, respectively. Notice was also posted on the

6 division's web site on January 30th, as shown in AQD

7 Exhibit Number 6, and the notice was published as a

8 courtesy in the New Mexico Register, shown in AQD

9 Exhibit Number 5a. We believe we have satisfied all

10 legal requirements for posting and providing public

11 notice on this matter.

12 We have also provided stakeholders an

13 opportunity to comment on the draft regulation before it

14 was released as a Public Review Draft. The AQD hosted

15 two stakeholder meetings to discuss the new regulation

16 and solicit comments from stakeholders. These meetings

17 were held on December 13, 2007, and January 3, 2008.

18 Proceedings from these meetings are shown as AQD Exhibit

19 Number 2 and 2a.

20 Stakeholders were notified via surface mail

21 and e-mail, as shown in AQD Exhibit 2, 2A and 3.

22 Comments solicited from EPA, stakeholders and the public

23 are shown as AQD exhibits number 7 and number 9. The

24 Division received only one notice of intent, that being

25 from the City of Albuquerque, shown as AQD Exhibit 8.
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 8

1 So why are we proposing this regulation? The

2 reasons for adopting a new regulation are threefold.

3 Number one, efficiency. To facilitate the efficient

4 collection and reporting of emissions inventory data

5 from sources within Bernalillo County. These

6 inventories are required by the EPA pursuant to 40 CFR

7 51, Subpart A, entitled, Emission Inventory Reporting

8 Requirements, as well as the Consolidated Emissions

9 Reporting Rule.

10 Currently, the Air Quality Division collects

11 this information under the aegis of the source's permit

12 or through data requests. This rule would also

13 standardize the methodology and format for emissions

14 inventory reporting.

15 The second reason would be air quality

16 planning. Another practical reason is that the Air

17 Division needs baseline data for specific air pollutants

18 for specific areas and source categories in order to

19 analyze the conditions in the air shed. This

20 understanding provides a basis for planning of future

21 regulations and future policies.

22 Lastly, consistency. An overarching goal is

23 to try and achieve consistency in the regulation of air

24 pollution and the enforcement of air pollution

25 regulations between Bernalillo County and the rest of
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 9

1 New Mexico. Last fall, the State of New Mexico

2 Environmental Improvement Board at the request of the

3 New Mexico Air Quality Bureau and at the behest of the

4 governor of the State of New Mexico adopted two

5 different regulations, Clean Car Standards, 20.2.88

6 NMAC, and Greenhouse Gas Emissions Reporting, 20.2.87

7 NMAC. They also amended the EIB's regulation entitled,

8 Notice of Intent and Emissions Inventory Requirements,

9 which is 20.2.73 NMAC.

10 The Air Division and the Air Quality Control

11 Board participated in these hearings, and the Air Board

12 subsequently adopted the same rules for clean cars and

13 greenhouse gasses. However, the hearing to adopt the

14 regulation we are proposing tonight was postponed until

15 now.

16 The State's emissions rules and ours are an

17 important part of New Mexico's efforts to address

18 climate change by reducing greenhouse gas emissions.

19 These regulations provide a mechanism for measuring and

20 reporting greenhouse gas emissions. The state

21 established this mechanism to collect information to

22 better inform greenhouse gas policy decisions, improve

23 the statewide emissions inventory and to lay the

24 groundwork for State participation in a market-based

25 emissions reduction program to be developed by the
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 10

1 Western Climate Initiative, a coalition of western U.S.

2 states and Canadian provinces. Our proposed rule is

3 based on the State's Notice of Intent/Emissions

4 Inventory rule.

5 What is the goal of this regulation? Quote,

6 to establish requirements both for submitting

7 inventories of air contaminants to ensure that the

8 regulations and standards under the Air Quality Control

9 Act and the Federal Air Act will not be violated and to

10 require submission of data to quantify greenhouse gas

11 emissions in Bernalillo County, close quote.

12 So who will be regulated by this rule? This

13 regulation applies to each person who owns or operates a

14 source or who intends to construct or modify a source

15 within Bernalillo County. This includes owner/operators

16 of any stationary source located within Bernalillo

17 County that emits an air contaminant, which includes

18 greenhouse gasses, and that, one, has an active permit

19 issued pursuant to 20.11.41 NMAC, Authority to

20 Construct, or 20.11.42 NMAC, Operating Permits, or,

21 number two, is required to file a source registration

22 pursuant to 20.11.40 NMAC, Source Registration.

23 However, this does not apply to any sources in

24 Bernalillo County that are located on Indian lands over

25 which the Albuquerque-Bernalillo Air Quality Control
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 11

1 Board lacks jurisdiction.

2 The current emissions inventory requirements

3 are found under 20.11.41 NMAC, Authority to Construct.

4 Authority to Construct establishes the current

5 regulatory requirements for emissions inventory data to

6 be provided by sources. Under 20.11.41.20, entitled,

7 Permittee's Notification Obligations to the Department,

8 states that, quote, the owner or operator of a

9 stationary source subject to this Part shall notify the

10 department in writing or otherwise provide the

11 department with, A, not less than 30 days prior to the

12 initial startup of the source, the projected date; B,

13 not greater than 15 days after startup the date of

14 actual initial startup of the source; C, within 15 days

15 after change of operator; and, D, every two years from

16 the date of issuance of the permit, an updated emissions

17 inventory for the source, together with descriptions of

18 any reconfigurations of process technology and air

19 pollution control equipment. A letter indicating that

20 no change has occurred, if such is the case, shall be

21 sufficient to comply with this requirement.

22 Other conditions are found under 20.11.41.18,

23 entitled, Permit Conditions. This states that, quote,

24 the department shall set specific conditions upon a

25 permit, which may include any combination of the
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 12

1 following provisions, one through nine, which I will

2 skip. If the permit is for a modification, the

3 requirements of this section apply only to the facility

4 or facilities involved in such a modification. The

5 illustrative subsection is number eight, which states,

6 to establish and maintain such records of the nature and

7 amount of emissions and to make such periodic reports to

8 the department regarding the nature and amounts of

9 emissions and the performance of air pollution control

10 equipment as are necessary to carry out the purpose of

11 the Air Quality Control Act.

12 Under the proposed rule, all emissions

13 reporting for all air pollutants contained in a permit

14 issued pursuant to 20.11.41 NMAC or 20.11.42 NMAC or a

15 source that is required to file a source registration

16 pursuant to 20.11.40 NMAC. These shall be submitted by

17 March 15th for the previous year, unless another date is

18 specified in their permit.

19 Pollutants of concern in this section include

20 total suspended particulate, or TSP, particulate matter

21 ten microns in size or smaller, or PM10, particulate

22 matter 2.5 microns in size or smaller, or PM2.5,

23 ammonia, sulfur oxides, or SOx, nitrogen oxides, or NOx,

24 carbon monoxide, or CO, volatile organic compounds or

25 VOCs, and lead. This also includes fugitive emissions
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 13

1 and emissions occurring during maintenance, start-ups,

2 shut-downs, upsets and downtime.

3 Additional emissions inventory requirements by

4 this proposed rule include: Reporting speciated

5 hazardous air pollutants, or HAPS, if requested by the

6 Department, describe methods utilized to make estimates,

7 include the source's calculations, reporting of sulfur

8 input for smelters if applicable, and submitting all

9 information required by 40 CFR Part 51, Subpart A,

10 Emissions Inventory Reporting Requirements.

11 The Air Division will be developing forms

12 associated with source categories to assist the sources

13 with more detailed reporting that is required by this

14 rule. Annual emissions reporting for greenhouse gasses

15 emitted by a stationary source that was issued a permit

16 pursuant to 20.11.41 NMAC or 20.11.42 NMAC or a source

17 that is required to file a source registration issued

18 pursuant to 20.11.40 NMAC.

19 The pollutants of concern in this section are

20 greenhouse gasses, which include carbon dioxide,

21 methane, nitrous oxide, hydrofluorocarbons,

22 perfluorocarbons and sulfur hexafluoride.

23 There is also a contingency measure which will

24 require additional emissions reporting information of

25 NOx and VOCs should we go into ozone nonattainment in
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 14

1 the future. I will now turn the floor over to technical

2 staff with the Air Division who will answer any

3 questions regarding the proposed rule.

4 The Air Division feels that they have

5 addressed all of the concerns that have been raised by

6 stakeholders and have made the appropriate modifications

7 to the proposed rule. However, if you or any member of

8 the public is not satisfied with the Air Division's

9 proposed rule, they can address this also. Upon the

10 conclusion of their testimony, we will request that all

11 exhibits be moved into the record.

12 I will now introduce the technical panel.

13 Dario Rocha is an environmental health supervisor in the

14 permitting and technical analysis section. He holds a

15 Bachelor's in mechanical engineering. He has been

16 employed with the Air Division for seven-and-a-half

17 years. He was previously employed by the State of New

18 Mexico Air Quality Bureau for over three years. His

19 duties while working for both agencies include air

20 quality permitting of major and minor stationary

21 sources. He has four years' experience working as an

22 environmental consultant specializing in environmental

23 reclamation of radiologically-contaminated sites and has

24 served as the health and safety officer during his

25 tenure. He has a total of over 14 1/2 years of
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 15

1 experience in environmental compliance programs, both in

2 public and private sectors.

3 Stephanie Summers is an environmental health

4 scientist. She holds a bachelors in environmental

5 science, and she is responsible for emissions

6 inventories, both for criteria and greenhouse gas

7 pollutants. She has been with the Department for five

8 years. Other duties include maintaining databases for

9 the division, special projects and annual billing.

10 MS. DOMINGUEZ: Mr. Rocha, please proceed.

11 Actually, our clerk will swear you in.

12 (Witness sworn.)

13 MR. ROCHA: Actually, we stand for questions.

14 I believe Mr. Butt has shown what this regulation is

15 about.

16 MS. DOMINGUEZ: Do you have any further

17 testimony to provide?

18 MR. ROCHA: Not at this moment.

19 MS. DOMINGUEZ: Ms. Summers, do you plan on

20 providing any technical testimony?

21 MS. SUMMERS: No.

22 MS. DOMINGUEZ: If you would be sworn in at

23 this time.

24 (Witness sworn.)

25 MS. DOMINGUEZ: I would also note for the
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1 record, the agenda for tonight's meeting. The Board, if

2 there is still a quorum present at that time, will make

3 a decision on whether to adopt both the proposed

4 regulation as well as to incorporate it in the SIP, and

5 that will take place during the Board meeting this

6 evening if a quorum is present.

7 With that, are there any questions from Board

8 members at this time of the witnesses? Chairman

9 Deichmann?

10 MR. DEICHMANN: Thank you, Madam Hearing

11 Officer. Mr. Rocha or Ms. Summers, could you

12 characterize for us any public input that you have

13 received in the discussions with industry or anyone that

14 had any interest or concerns with these rules or

15 proposed rules?

16 MR. ROCHA: Chairman Deichmann, members of the

17 Board, we did receive some comments on this proposed

18 rule. However, a number of these comments were not

19 relevant to emissions inventory. They mostly involved

20 complaints against sources. There were a number of

21 comments regarding permitting, receiving a permit within

22 the regulatory time line, but none of them -- I'd have

23 to look at one of the ones I have to see if that may be

24 relevant. Let me briefly review that.

25 MR. DEICHMANN: Thank you.
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1 MS. SUMMERS: Some of the comments -- I can

2 talk about some of the comments that we received. We

3 received comments from UNM and from Kirtland Air Force

4 Base. Most of those comments were addressed in the

5 stakeholder meetings, both Vern Hershberger and Jennifer

6 Dann --

7 MR. DEICHMANN: Who?

8 MS. SUMMERS: Jennifer Dann of Kirtland, they

9 were both present at the stakeholder meetings, and we

10 went through their concerns one by one in these letters

11 and made sure that we had covered them. They were

12 mostly concerning applicability because they were

13 concerned that we had included emissions from residences

14 as well, that it wasn't clear who was being covered

15 under the regulation and certification by owners.

16 Because many of them -- they prepare the

17 reports, and if they have to get certification from the

18 president of the company, it takes them much longer, and

19 it is much harder for them to make the deadlines that we

20 have. So they were concerned that we weren't letting

21 enough people sign off on the emission inventory that

22 had more actual workings with them, the people actually

23 put together the emissions inventory. I am trying to

24 remember what the other one was.

25 There was some complaints about -- I believe
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1 it was Twin Mountain Asphalt, in which Mr. Steven Finch

2 complained about not having his complaints recognized or

3 resolved, and we did speak with the enforcement section,

4 and they actually had spoken with him and addressed his

5 complaints. I believe those -- that was the extent of

6 the comments that we received.

7 MR. DEICHMANN: That had more to do with the

8 existing program than anything that's being proposed

9 right now.

10 MS. SUMMERS: The two people who were actually

11 commenting on emissions inventory were present in the

12 stakeholder group, and we handled their comments then,

13 although if they are here, they are welcome to say

14 anything.

15 MR. DEICHMANN: Just going to the question

16 about applicability, could you direct me to the point

17 where they were -- I'd like to see if there is potential

18 for confusion for others as well.

19 MS. SUMMERS: I am not sure if it was in the

20 Public Review Draft.

21 MR. ROCHA: Chairman Deichmann, members of the

22 Board, under applicability, which is 20.11.47.14,

23 capital A, applicability, it says that 20.11.47.14 NMAC

24 applies to the owner or operator of every stationary

25 source located within Bernalillo County that -- then
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Page 19

1 itemizes the people that are subject to it.

2 I believe some of the confusion arose from the

3 term stationary source, and one of the comments

4 suggested that stationary source would also include

5 residences, but that is not the case for this

6 regulation. It only regulates stationary sources of air

7 pollution, industrial sources.

8 MR. DEICHMANN: You haven't required any

9 permits of residences yet?

10 MR. ROCHA: No, we don't issue permits for

11 those, no.

12 MR. DEICHMANN: That was really just a

13 misunderstanding.

14 MR. ROCHA: Under Part one, under definitions,

15 stationary source excludes residences specifically in

16 that definition.

17 MR. DEICHMANN: Okay. One last question. I

18 guess you have already said it, but let me emphasize

19 that question that you have not received any concerns on

20 the part of potentially-affected entities with respect

21 to the cost of additional reporting.

22 MR. ROCHA: I believe we have not received any

23 comments like that, because as it stands now, as a

24 permit condition, we require annual emissions

25 inventories, and it doesn't change that condition. That
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Page 20

1 condition is going to remain the same in their permit.

2 So it is just simply going to be an enforcement

3 provision now that we have a regulation in place,

4 instead of trying to enforce it in a permit.

5 MR. DEICHMANN: Thank you. Thank you, Madam

6 Hearing Officer.

7 MS. DOMINGUEZ: Are there any other questions

8 from Board members at this point.

9 Dr. Potter?

10 DR. POTTER: Madam Hearing Officer, Mr.

11 Chairman, fellow members of the Board, I have a question

12 of the technical committee. There is a contingency for

13 ozone nonattainment areas. Can you tell me if you

14 discussed or anticipate the need for contingencies for

15 any future nonattainment areas that would be designated

16 other than ozone?

17 MR. DEICHMANN: Could you direct us to the

18 page?

19 DR. POTTER: Page 4 of 5 on the review draft,

20 it is D, additional content for emissions reports from

21 sources in ozone nonattainment areas.

22 MR. ROCHA: Not for other pollutants, because

23 as far as other pollutants are concerned, we are not

24 close to becoming nonattainment. Ozone is the only one

25 that we are close to violating the standard for.
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Page 21

1 DR. POTTER: My question was if there were

2 future designations of nonattainment areas, would you

3 anticipate the need for contingencies to address those

4 future designations, or is it very specific to ozone,

5 the concerns for contingency?

6 MR. ROCHA: The contingencies as far as any

7 kind of control strategy to control ozone, depending on

8 what pollutant you want to target, it is either VOC or

9 NOx, limiting as far as trying to control ozone, but

10 having an inventory of NOx and VOC's would probably give

11 us a better idea of which pollutant to target.

12 So that is one of the provisions I know of as

13 far as trying to put some kind of a strategy in place

14 for ozone if we go nonattainment.

15 DR. POTTER: Thank you. Sounds like no other

16 contingencies would be anticipated as necessary for

17 other pollutants. Thank you.

18 MS. DOMINGUEZ: Are there any other questions

19 from Board members? Seeing that there are none, I would

20 ask for questions from the public. Seeing that there

21 are no questions from the public, I will check the

22 sign-in sheet.

23 Ms. Grice, would you like to speak at this

24 time?

25
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Page 22

1 (Witness sworn.)

2 MS. GRICE: I just have a couple of comments,

3 Madam Hearing Officer, Chairman Deichmann and members of

4 the Board. I just had a couple of questions.

5 First off, I want to apologize to the

6 division. I was not able to attend any of the

7 stakeholder meetings because they held them during the

8 day, so I didn't get my comments in, and I didn't get

9 them submitted in the time frame, so that is why I am

10 here tonight to talk about this.

11 I just had a couple of questions. One of the

12 things that of course we are always concerned about is

13 the emissions inventory is based on model data, not

14 actual monitored information. So it is basically what

15 they figure out that they have been emitting for a year

16 or whatever.

17 Another thing is I am glad to see that the

18 City is becoming more frequent than the State in

19 requiring their emissions inventory. I know the State

20 only asks for an inventory every two years.

21 When I was comparing the State to the City's

22 proposal, I notice that the State requires only those

23 that have a hundred tons or more of certain pollutants

24 to submit an inventory, and that is it, and I was just

25 wondering, because they quoted an NMAC statute in there,
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KATHY TOWNSEND COURT REPORTERS

Page 23

1 and I am not sure if that is the same one or not.

2 So I wanted that clarified whether it is all

3 the permits that are out there for stationary sources or

4 whether it is just those with a hundred tons or more.

5 If it is every permit that is out there, I want to make

6 sure that the City has the ability to make sure that

7 everybody is in compliance.

8 I also wanted to know how the City was going

9 to double-check and make sure that what is being

10 submitted is actually what is out there. Okay?

11 MS. DOMINGUEZ: If the staff could address her

12 questions.

13 MS. SUMMERS: First of all, it is not -- it

14 shouldn't be over what is modeled. It should be over

15 actual emissions from the facility. That is what we are

16 collecting emissions inventory data for.

17 Also -- I am trying to remember everything you

18 asked. So also --

19 MS. GRICE: Is it all the permits?

20 MS. SUMMERS: Yes. It is all the permitted

21 sources, and what we do is we review the information

22 that is sent in to us, and we have a QAPP --

23 MR. ROCHA: Quality Assurance Preparation

24 Plan.

25 MS. SUMMERS: That makes sure that we go over
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KATHY TOWNSEND COURT REPORTERS

Page 24

1 at least a certain percentage of them to make sure they

2 are within the -- they are within their right parameters

3 and that they are doing things right. If they are not

4 doing those correctly, then we go over more of them.

5 However, usually, the compliance section also

6 gets this information, and so our staff at the Air

7 Quality Division goes over them. We have about, I

8 think, three people now doing compliance, and they are

9 reviewing -- they review all the emissions inventories

10 that come in to make sure they are reflecting what is

11 going on at the site, as well as my review of them to

12 turn in to the EPA.

13 Was there another question?

14 MS. GRICE: I think it is kind of combined in

15 there. You said you were -- how are you going to track

16 to make sure -- you kind of answered that one, so, okay,

17 and I think that is pretty much it.

18 Thank you.

19 MS. DOMINGUEZ: Thank you, Ms. Grice. Do you

20 have anything additional to add?

21 MR. ROCHA: Just to clarify, Ms. Grice, what I

22 believe she meant by modeled emissions versus actual

23 emissions, what she means by model are emissions that go

24 into permit, and that is typically represented as a

25 maximum amount of pollutants that the source can emit.
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Page 25

1 The actual emissions is just what it is. It

2 is their estimated emissions for the year of each

3 pollutant that they are permitted for, and they are

4 typically lower than the modeled or permit allowables.

5 MS. DOMINGUEZ: Do you have follow-up

6 question, Ms. Grice? You may come up and ask or

7 clarify.

8 MS. GRICE: Now I am really kind of concerned,

9 because if it is estimated, that is kind of a guess. I

10 mean, how do they know exactly what is being emitted at

11 each plant? How do they know what is being emitted?

12 MS. SUMMERS: What we do when we go over it is

13 they use actual hours that the plant ran with the

14 emission factors that they have come up with for the --

15 by the permit.

16 MS. GRICE: Okay.

17 MS. SUMMERS: So it is actual emissions. It

18 is actually what they ran. I mean it is an estimate,

19 but it is a very close estimate.

20 MS. GRICE: That answers that question.

21 MS. DOMINGUEZ: Thank you. Are there any

22 other questions from the public.

23 Seeing that there are no questions from the

24 public, is there any objection from the City or anybody

25 from the public or Board members of this hearing being
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Page 26

1 closed?

2 Mr. Butt, would you like to move to admit the

3 exhibits?

4 MR. BUTT: Yes, I will do a couple things.

5 One, I wanted to make a point of clarification so

6 everybody understands that we are trying to go the extra

7 mile for the public and the affected public.

8 The first meeting was from 4:00 till 7:00, and

9 since I was there, I can let you be assured that we

10 tried to bridge the gap between the stakeholders, people

11 that work during the day and people who do swing shift,

12 and control strategy section management and emissions

13 inventory section was all there, and I move Exhibits 1

14 through 10c into the record.

15 MS. DOMINGUEZ: They are admitted. Are there

16 any follow-up comments or any objection to the hearing

17 being closed at this time.

18 Seeing that there is no objection, the hearing

19 is now closed. Thank you.

20 (Proceedings concluded at 6:15 p.m.)

21

22

23

24

25
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Page 27

1 STATE OF NEW MEXICO )

2 ) SS

3 COUNTY OF BERNALILLO )

4

5

6 I, CATHERINE LEON, the officer before whom the

7 foregoing proceedings was taken, do hereby certify that

8 I personally recorded the proceedings by machine

9 shorthand; that said transcript is a true record of the

10 proceedings; that I am neither attorney nor counsel for,

11 nor related to or employed by any of the parties to the

12 action in which this proceeding is taken, and that I am

13 not a relative or employee of any attorney or counsel

14 employed by the parties hereto or financially interested

15 in the action.

16

17

 CATHERINE LEON

18 CCR License Number: 71

 Expires: 12/31/08

19

20

21

22

23

24

25
AQCB, RE: 20.11.47, 3/12/08

1

KATHY TOWNSEND COURT REPORTERS

505-243-501 8

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clerkll]-15:11 Conditions [1) - discussed (1)- 12:25,13:1,13:3,

cllmatel')- 9:18 11:23 D 20:14 13:14,13:24,15:5,

Climate [1]- 10:1 conduct II) - 3:17 Dlscusslons{ll- 4:6 16:19,17:13,17:23,

closel.)-10:11, confusion (2) - discussions (1) - 18:11,19:24,20:20,

20:24, 20:25,25:19 18:16,19:2 Dann 12J - 17:6, 17:8 16:13 22:13,22:19,23:15,

closed (3J - 26:1, consider 11J - 3:9 Darlo 11J - 14:13 DIvision Ill) - 4:25, 23:16,24:9,24:22,

26:17, 26:19 consistency 12) - deta [7J - 8:4, 8:12, 6:15,7:24,8:10,8:17, 24:23, 25: 1, 25:2,

CO II) - 12:24 8:22,8:23 6:17,10:10,11:5, 9:10,13:11,14:2, 25:17,26:12

coalition II) - 10:1 Consolidated I') - 22:13,23:16 14:4, 14:16, 24:7 EMISSIONS II) - 1:3

collect I') - 9:21 8:8 detabeses 11]-15:8 division 121 - 15:9, emit II) - 24:25

collecting [I) - 23:16 construct 11) -10:14 dele I') -11:12, 22:6 emits 1')- 10:17

collection II) - 8:4 Construct (3) - 11:13,11:16,12:17 dlvlslon'sllJ - 7:6 emitted (3) - 13:15.

collects II] - 8:10 10:20,11:3,11:4 deys(3)-11:11, Dlvlslon'S[I]- 14:8 25:10, 25:11

combination II) - consultant I') - 11:13,11:14 DOMINGUEZ {15] - emitting II) - 22:15

11:25 14:22 deadlines 11]-17:19 1:16,2:3,3:1, 15:10, emphasize (1) -

combined 12) - 3:2, conlect (1) - 3:24 December [IJ - 7:17 15:16,15:19,15:22, 19:18

24:14 Contalned[IJ-12:13 decision (3) - 4:5, 15:25,20:7,21:18, employed (') -

comment [1]- 7:13 contaminant 11J - 4:11,16:3 23:11,24:19,25:5, 14:16,14:17,27:11,

commenting [1]- 10:17 decisions (1] - 9:22 25:21, 26:15 27:14

18:11 contaminants 12] - deems I'] - 4:18 Dominguez II) - employee [IJ - 27:13

comments [15) - 4:23. 10:7 definition 11]-19:16 3:14 empowered 1'1- 6:9

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB, RE: 20.11.47, 3/12108

3

enforce 11l - 20:4 factors [1]- 25:14 13:20.15:6 lIIustratlve[I)-12:5 17:21, 17:23, 18:11,

enforcement[3] - facts [')- 4:18 Grice [4) - 21 :23, Implement[lj- 6:11 21:10,22:13,22:19,

8:24, 18:3, 20:2 fall (1)- 9:1 24:19,24:21,25:6 ImplementaUon [2] - 22:20,22:24,23:16,

engineering ['I - far (4)- 20:23, 21 :8, GRICE [6] - 22:2, 3:12,6:7 28:13

14:15 21:9.21:13 23:19,24:14.25:8, Important 12) - 4:4, Inventory '8]- 3:10,

ensure [1)-10:7 Federal ['I - 10:9 25:18,25:20 9:17 5:17,8:7,9:8, 10:4,

entities [1]-19:20 federal [')- 6:11 Grlego12)-1:17,3:3 Improve ['J - 9:22 13:10

entitled ") - 3:10, fellow [1] - 20:11 groundwork [1)- Improvement [I] - Involved [2] - 12:4,

8:7, 9:7, 11 :6, 11 :23 ngure [lJ - 22:15 9:24 9:2 16:19

entity [1] - 6:8 nle(3)-10:21,12:15, group(1)-18:12 IN[I]-1:2 Irrelevant ['I - 4:10

ENVIRONMENTAL 13:17 guess 12]- 19:18, Include (8) - 11 :25, Issuance [1)- 11:16

[']- 2:13 nnanclally [1)- 25:9 12:19, 13:4, 13:7, ISSU8(1)-19:10

environmental [7] - 27:14 13:20,14:19,15:8, Issued (4)-10:19,

6:22,14:13,14:22, Finch [,)-18:1 H 19:4 12:14,13:15,13:17

15:1,15:3,15:4 flrm [1]- 3:23 Included (1)- 17:13 IT[I)-1:14

Envlronmenta[ [6] - First [2] - 22:5,23:13 half[lJ - 14:16

Includes [3J -10:15, Itemlzes[,) -19:1

2:15,6:6,6:14,6:16, flrst{I)- 26:8 handled [') - 18:12

10:17, 12:25

6:17,9:2 five (1)- 15:7 Including (3)- 3:18, J

EPA (4) - 6:6, 7:22, floor (4) - 5:21, 5:24, HAPS [')- 13:5 4:19,4:22

8:6,24:12 8:1, 14:1 harder['J -17:19 Incorporate (2)-

equlpmen1(2) - follow (3)- 4:2, 25:5, hazardous (1)-13:5 3:11,16:4 January 131- 5: 19,

11:19,12:10 26:16 health (4] - 4:20, IncorporaUon [']- 7:6,7:17

establish (2] - 10:6, follow-up 12)- 25:5, 14:13,14:24,15:3 6:7 Jennifer [2] - 17:5,

12:6 26:16 HEALTH [')- 2:13 Indian (1)- 10:24 17:8

established [']- following [,)-12:1 Health (4) - 2:15, Indicating [,)-11:19 Journal (1)- 7:2

9:21 Following [1]- 6:1 6:14,6:16,6:18 Industrial ['J - 19:7 Jurisdiction [1]-

establishes [')- FOR [2] - 2:5, 2:13 hesrlng ['8)- 1:15, Industry[1]-16:13 11 :1

11:4 FOrCe[TJ -17:3 3:2,3:7,3:17,4:1, Inform ['J - 9:22 Justice [1] - 6:21

estimate 12] - 25:18, foregoing [')- 27:7 4:6,4:9,4:10,5:4, Information [7] -

25:19 form ['J - 5:20 5:6,5:15,9:13,25:25, 8:11,9:21,13:9, K

estimated 12) - 25:2, format [1]- 8:13 26:16,26:18 13:24,22:14,23:21,

25:9 forms[I]-13:11 Hearing [51 - 1:16, 24:6 Kathy [2] - 3:22, 3:24

estimates [1)- 13:6 four (1)- 14:21

16:10,20:6,20:10, Initial 12) - 11 :12, KEARNY[,] - 2:10 22:3 evening (3) - 3: 1, frame[l)- 22:9 11:14 klnd'8]-21:7,

5:13,16:6 frequent [') - 22:18

HEARING ")- 2:2 )nltlaUve[1]-10:1 21 :13, 24:14, 24:16, hesr)ngs [2] - 4:2, evidence [3)- 4:3, fugitive [')- 12:25 9:11 Injury [')- 4:20 25:8,25:9

4:5,4:13 future (8) - 8:20, held (3)- 3:3, 7:17, Input(2)-13:8, Klrlland (2) - 17:3,

exactly [')- 25:10 8:21,14:1,20:15, 16:12 17:8 22:7 excludes [,)-19:15 21:2,21:4 hereby [')- 27:7 Instead ['I - 20:4

Exhibit [B] - 5:20, Instruct [']- 4:15 L

5:21, 5:24, 7:2, 7:7, G

hereto (1)- 27:14 Intends [')- 10:14

7:9, 7:18, 7:21, 7:25 Hershberger [')- Intent [I] - 9:8

Exhibits 121- 7:4, 17:5 Intent ['I - 7:24 lacks(1)-11:1

26:13 gap[')- 26:10 hexafluoride [T)- Intent/Emissions [1] lands ['] - 10:24

exhibits [4J - 4:13, gas [')- 9:18, 9:20, 13:22 -10:3 Last['J - 9:1

7:23, 14:11, 26:3 9:22,10:10,15:6 hold (']- 6:19 Interest (2) - 4:22, last12)- 6:18,19:17

existing (1)-18:8 Gas[,)- 9:6 holds 12)- 14:14, 16:14 LasUy [1]- 8:22

experience (2] - gasses [4]- 9:13, 15:4 Interested (1)- 27:14 law[I)-4:3

14:21,15:1 10:18,13:14,13:20 hosted [')- 7:14 Interference (1)- lay [I) - 9:23

Expires [']- 27:18 glad ['I - 22:17 hou'l'] - 1:19 4:20

I

lead [')- 12:25 , extent ['I - 18:5 goal [2] - 8:22, 10:5 hours [')- 25:13 Introduce[,)-14:12 le..t[I]- 24:1 I

i extra [')- 26:6 Government[2] - hundred (2)- 22:23, Introduction [11 - legal [3] - 6:25, 7:3,

1:18,3:4 23:4 5:15 7:10

F governor 11) - 9:4 hydronuorocarbon Inventories [')- 8:6, Leon [']- 3:21

Grace [I) - 3:20 s[,)-13:21 10:7,15:6,19:25, LEON 12] - 27:6,

greater 1')- 11 :13 24:9 27:17

facilitate [T] - 8:3 Greenhouse [')- 9:6 I INVENTORY (1)- 1:3 less[I]-11:11

facilities [1)-12:4 greenhouse (9) - Inventory ['B)- 8:4, letter[,)-11:19

facility [2]- 12:3, 9:13,9:18,9:20,9:22, ldea[,)-21:11 8:14,9:23,11:2,11:5, letters [1]-17:10

23:15 10:10,10:18,13:14, 11:17,13:3,16:19, lett)ng [')- 17:20

KATHY TOWNSEND COURT REPORTERS

505-243-5018
ACCS, RE: 20.11.47,3/12108

4

LIcense [I) - 27:18 18:16,18:21,20:8, 25:5,25:8,25:12, 16:18, 18:20 p

limit II) - 4:9 20:11,21:19,22:3, 25:18,25:17,25:20, Number£8]- 5:20,

Iimltedll)-4:19 25:25 25:21,28:15 7:7, 7:9, 7:19, 8:3,

limiting 11)- 21:9 methanell)-13:21 mUelI')- 4:4 27:18 p.m 12]- 3:8, 26:20

llnell) -18:22 methodology)l) - Paclas[.)- 3:20

Iistserve 11]- 7:4 8:13 N 0 pagel,)-20:18

located (3) - 10:18, methods 11)- 13:8 Page II] - 20:19

10:24,18:25 MEX)CO 11]- 27:1

name (3) - 3:14,

panel 121 - 8:2, 14:12

lookll)-18:23 Mexlcol'6)-1:19, objection 1')- 25:24, parameters 11)- 24:2

lower[11- 25:4 2:9,2:17,3:5,3:12, 5:11,5:14 28:18,26:18 Part(3)-11:9,13:9,

4:18,5:23,8:7,6:9, natura 12] - 12:8, obJectionsll)- 4:14 19:14

M 6:10,7:8,9:1,9:3, 12:8 Obllgatlona 11) - part 121 - 9:17,19:20

9:4, 14:18 Neal 11) - 5:14 11:7 participated 11]-

Mexico's 11) - 9:17 NEALll]- 2:14 obtain 11)- 3:23 9:11

machine [1)- 27:8 microns 121 - 12:21, necessary 12) - occurred 11]- 11 :20 participation 1')-

Madam 14).-16:10, 12:22 12:10,21:18 occurrtng II] - 13:1 9:24

20:5,20:10,22:3 mile 11) - 26:7 need I2J - 20:14, OFI5)-1:2,1:10, particulate I') -

mall (2)- 7:20, 7:21 minor 121 - 5:20, 21:3 2:5,27:1,27:3 12:20,12:21

ma)ntaln 11)- 12:6 14:20 _1'J-8:17 office 11)- 3:24 partl.. (2) - 27:11,

maintaining 11)- Mlnturnl')- 3:19 NEWll)- 27:1 OfficerIS) - 1:18, 27:14

15:8 mlsunderstand)ng newI4)- 5:18, 5:17, 18:11,20:8,20:10, pay 11)- 3:25

maintenance [11 - 11) - 19:13 7:15,8:2 22:3 people I7J - 17:21,

13:1 model 12]- 22:13, N_I17J -1:19,2:9, officer (3) - 4:11, 17:22,18:10,19:1,

major 11)- 14:20 24:23 2:17,3:5,3:11,4:16, 14:24,27:8 24:8,28:10,26:11

management 11) - modeled (3) - 23:14, 5:23, 8:7, 6:9, 8:10, OFFICER [1)- 2:2 percentagell)- 24:1

26:12 24:22,25:4 7:8, 9:1, 9:3, 9:4, Once 121 - 4:25, 5:8 parlluorocarbons

March (3)-1:15, 3:3, modification 12] - 9:17,14:17 One(3)-19:17, 11)- 13:22

12:17 12:2, 12:4 nlnell)-12:1 22:11,26:5 parformance 11)-

Marla 11)- 3:14 modlflcationSll)- nitrogen 11]- 12:23 one 115]- 5:20, 7:24, 12:9

MARIA1')- 1:18, 2:3 14:8 nitrous 11)- 13:21 8:3,10:18,12:1, parlodlc 1,,-12:7

market 1;)- 9:24 modlfylll-10:14 NMAC 1'9) - 1:3, 3:9, 18:23,17:10,17:24, parmlt 116) - 8:11,

market-based 1') - mornentll)-15:18 3:11,5:18,9:6,9:7, 19:3,19:14,20:24, 10:18,11:18,11:25,

9:24 monitored (1) • 9:9,10:19,10:20, 21:12,23:1,24:18 12:2,12:13,12:18,

Marquette 11) - 1:18 22:14 10:22,11:3,12:14, ones [I] - 18:23 13:15,18:21,19:24,

masta(sll) - 6:19 monoxide 11)- 12:24 12:18,13:16,13:18, oparates II) - 10:13 20:1,20:4,23:5,

MATTERll)-1:2 MOS!l')- 17:4 18:23, 22:25 Oparatlng II] - 10:20 24:24,25:4,25:15

matter(4)- 1:15, mostly 121 - 18:19, Non [1)- 5:22 oparalorl,)-11:8, permit 11)- 11 :23

7:11,12:20,12:22 17:12 Non-substantlve II] 11:15,18:24 permltsll)-10:20

maximum 11)- 24:25 motlona 11]- 4:14 - 5:22 opponents II) - 5:2 parmlts 14) - 19:9,

mean 121 - 25:10, Mounlalnll)-18:1 nonBttalnment £T] - opportunity [4)- 5:1, . 19:10,23:3,23:19

25:18 move 121 - 26:2, 13:25,20:13,20:15, 5:2,5:5,7:13 parmltted 12) -

meana 11]- 24:23 26:13 20:21, 20:24, 21 :2, order(1)- 8:18 23:20,25:3

meant 11]- 24:22 movedl')-14:11

21:14 organic 11)- 12:24 Perml_'SII)- 11:7

measura 11)- 13:23 MRI24)- 2:14,5:13,

none (2) - 18:22, otherwise 1,)-11:10 parmltUng (3) -

measuring [I) - 9:19 15:13, 15:18, 18:10, 21:19 overarchlng 1')- 14:14, 14:20, 16:21

mechanical 11)- 18:18, 16:25, 17:7, Northwasl(3)-1:18, 8:22 parson II) - 10:13

14:15 18:7,18:15,18:21, 2:8,2:18 owner (2) - 11 :8, parsonally 11)- 27:8

mechanism [2) - 19:8,19:10,19:12, nolell] - 15:25 18:24 place 14) - 4:6, 16:5,

9:19,9:21 19:14, 19:17, 19:22, notlceI5)-7:1,7:7, owner/operators [I) 20:3,21:13

meeUng [4]- 4:7, 20:5, 20:17, 20:22, 7:11, 7:24, 22:22 - 10:15 Plan (3) - 3:12, 6:8,

16:1,18:5,28:8 21 :6, 23:23, 24:21, Notlcel')-7:5,9:8, owners 11)- 17:15 23:24

meetlngsI6)-7:15, 28:4 10:3 owns[I)-10:13 plan 1')-15:19

7:18,7:18, 17:5, 17:9, MS [31]- 2:3, 2:10, Notification II] - oxide [I) - 13:21 planning (2) - 8:16,

22:7 3:1,15:10,15:18, 11:7 oxldHI2)- 12:23 8:20

member[,,- 3:15, 15:19,15:21,15:22, notified 11)- 7:20 Ozone II) - 20:24 plant (2) - 25:11,

14:7 15:25,17:1,17:8, notify 11]- 11:9 ozone £8) - 13:25, 25:13

MemberI6)- 3:18, 18:10,18:19,20:7, NOXI4)-12:23, 20:13,20:16,20:21, Plaza 1"- 2:8, 2:16

3:19,3:20 21:18,22:2,23:11, 13:25,21:9,21:10 21 :4, 21 :7, 21 :9, PM 11,-1 :19

members 113]- 3:18, 23:13,23:19,23;20, number I7J - 4:21, 21:14 PM101')-12:21

5:7,5:8,5:13,16:8, 23:25,24:14,24:19, 7:23,10:21,12:5, PM2.5[1)-12:22

I

KATHY TOWNSEND COURT REPORTERS

505-243-5018 .
AQCB, RE: 20.11.47, 3/12108

5

polnt I3,-18:16. 5:15,22:22 quote13I-10:11, relatlYeI1)- 27:13 24:11

20:8,26:5 PROPOSAL 11)- 1:3 11:6,11:23 released 12) - 5:19, reYlewlng 11] - 24:9

policies 11)- 8:21 proposed 114]- 5:1, quoted (1)- 22:25 7:14 reYlse (lJ - 6:12

policy !')- 9:22 5:17,6:4,6:5, 10:2, relevant (3)- 4:11, ROBERT 1')- 2:6

pollutantI3)- 21 :8, 12:12, 13:4, 14:3, R 18:19,16:24 Rocha(3)-14:13,

21:11,25:3 14:7, 14:9, 16:3, remain (1) - 20:1 15:10, 16:11

Pollutants 11J - 16:15, 16:17, 18:8 remember13J - 4:4, ROCHAI11)-15:13,

12:19 proposing 121 - 6:1, radiologically 11) - 17:24,23:17 15:16,16:16,18:21,

pollutants 1'0)- 9:14 14:23 REMEMBERED 11] - 19:10,19:14,19:22,

8:17, 12:13, 13:5, Protection 11)- 6:6 redlologlcally- 1:14 20:22, 21 :6, 23:23,

13:19,15:7,20:22, protection 11)- 6:22 contamlneted 111- repeats 11J - 4:10 24:21

20:23, 21 :17, 22:23, proYide (3J - 9:19, 14:23 repetitious 11)- 4:12 rulel")- 4:12,8:12,

24:25 11:10,15:17 raised 11)- 14:5 reports'll)- 3:21 10:2, 10:4, 10:12,

pollution 15] - 8:24, proYlded 121 - 7:12, ran ~J - 25:13, 25:18 Reportlng(5)- 8:7, 12:12,13:4,13:14,

11:19,12:9,19:7 11 :6 really~)-19:12, 8:9,9:8,13:4,13:10 14:3, 14:7, 14:9,

posted 11]- 7:5 proYldes 11]- 8:20 25:8 reporting 110)- 3:22, 16:18

postlngI1]-7:10 proYldlng (3)- 5:14, reason ~J - 8:15, 8:4,8:14,9:20,12:13, Rule 11)- 8:9

postponed 1')- 9:14 7:10, 15:20 8:16 13:7, 13:13, 13:14, rulesI5)- 4:3, 9:12,

potentlaI 11)-18:17 proYlnces 1,)-10:2 reasons 11)- 8:2 13:24, 19:21 9:16,16:14,16:15

potentially 11)- proYislon 11)- 20:3 recaIYeI1)-16:17 reports (3)- 12:7,

19:20 proYlslons 131 - 6:11, recalyed (7) - 7:24, 17:17, 20:20 S

potentlally-afleclod 12:1,21:12 16:13, 17:2, 17:3, represent 11)- 5:11

11]- 19:20 public 116) - 3:2, 18:8,19:19,19:22 represented 11)-

POTIER (4J - 20:10, 4:21,5:8,6:3,7:10, recalYlng 11J - 16:21 24:24 safely 11]- 14:24

20:19,21:1,21:15 7:22,14:8,15:2, reclamation 11] - request (3) - 6:4, 9:2, satlsfled (2) - 7:9,

Potts'!2J - 3:19, 16:12,21:20,21:21, 14:23 14:10 14:8

20:9 25:22, 25:24, 25:25, recognized 11) - 18:2 requested 11)- 13:5 sclence(1]-15:5

practical (1)- 8:16 26:7 reeonflguratlons 11) requests 11] - 8:12 SclentlstllJ - 6:14

Preparation 11] - Publlc(3)- 5:18, -11:18 require 14)- 5:24, sclentlstll)- 15:4

23:23 7:14,18:20 record 161 - 4:13, 10:10, 13:24, 19:24 second 11]- 8:15

prepare!']-17:16 published \1)- 7:7 6:25,14:11,16:1, required [7J - 8:6, section 16J - 12:3,

present 15) - 3:18, purpose 11) - 12:10 28:14,27:9 10:21,12:15,13:9, 12:19,13:19,14:14,

16:2,16:6,17:9, pursuent[7J - 8:6, recorded 11)- 27:8 13:13,13:17,19:8 18:3, 24:5, 26:12,

18:11 10:19, 10:22, 12:14, records 11J - 12:6 requlrementI1)- 26:13

presldent!1'- 17:18 12:16, 13:16, 13:18 Records 11J - 5:23 11:21 Section 11) - 6:15

pretty 11)- 24:17 pul (2] - 17:23, 21 :13 reducing 11)- 9:18 requirements 161 • sectore 11)- 15:2

preYlousI1J-12:17 reduction 11)- 9:25 7:10,10:6,11:2,11:5, see (3)-16:23,

previously 1')- Q reflecting 11J - 24:10 12:3,13:3 18:17,22:17

14:17 regarding 13)- 12:6, Requirements 15] - Seeing 14)- 21:19,

prIYate I1]-15:2 14:3, 16:21 3:10,5:17,8:8,9:8, 21:20,25:23,26:18

procsod 11]- 15:10 QAPP 11)- 23:22 Register 11J - 7:8 13:10 sentI2)- 7:3, 23:22

procsodlng 1') - QUALITY 11] - 1:1 registration 131- REQUIREMENTS 11) served 11J - 14:24

27:12 Quellty 115] - 3:8, 10:21,12:15,13:17 - 1:4 set 11) - 11 :24

procsodlngs (4) - 4:17,4:24,6:10,6:15, Registration 111 - requires 1'1- 22:22 seven 11)- 14:16

7:1,27:7,27:8,27:10 7:4,8:10,9:3,9:10, 10:22 requiring 11]- 22:19 S8ven-and-a-half{1]

PROCEEDINGS 11]- 10:8,10:25,12:11, regulated 11J -10:12 residences 141- -14:16

1:10 14:18,23:23,24:7 regulates 11) - 19:6 17:13,19:5,19:9, shall (6) - 4:17, 5:9,

Procsodlngs 12)- quality (7)- 3:13, regulation 1'6)- 5:1, 19:15 11:9,11:20,11:24,

7:18,26:20 6:8,6:12,6:19,6:23, 5:16,5:18,6:5,7:13, resolyed 1') - 18:3 12:16

process 11]- 11 :18 8:15, 14:20 7:15,8:1,8:2,8:23, respect 11] - 19:20 SharpeI1)- 3:19

program ~) - 9:25, quantify 11) - 10:10 9:7,9:14, 10:5, 10:13, respectlyely 11) - 7:5 shed 11J - 8:19

18:8 queallons 115] - 5:7, 15:14,18:4, 17:15, responsibility 11)- shealI1)- 21:22

programS ll)-15:1 5:8,6:2,14:3,15:13, 19:6,20:3 6:22 shllll')- 26:11

projected 11) - 11 :12

18:7,20:7,21:18, regulations (llJ - responsible 11]- shorthand 11) - 27:9

proJecl611J - 15:9

21 :20, 21 :21, 22:4, 4:16,8:4,6:12,6:23, 15:5 shown!,,]- 5:19,

promu)gatlon (11-

22:11,23:12,25:22, 8:21,8:25,9:5,9:19, restllJ - 8:25 5:21, 5:23, 7:2, 7:4,

25:23 10:8 7:6,7:8,7:18,7:21,

6:23 quorum ~I - 16:2, regulatory 121 - 11 :5,

ReYlew 13] • 5:18, 7:23,7:25, 15:14

property 11]- 4:21 16:6 16:22

7:14,18:20

shull')- 13:2

proponents!')- 5:1 QUOtell)-10:5 related 11)- 27: 11

reylew 15) - 16:24, shut-downs (1) -

proposal 13] - 3:11, 20:19,23:21,24:9,

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB, RE: 20.11.47,3/12/08

6

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KATHY TOWNSEND COURT REPORTERS

505-243-5018
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 1

 BEFORE THE ALBUQUERQUE-BERNALILLO COUNTY

 AIR QUALITY CONTROL BOARD

IN THE MATTER OF THE

PROPOSAL TO ADOPT 20.11.47

NMAC, EMISSIONS INVENTORY

REQUIREMENTS.

 MEETING OF AIR QUALITY CONTROL BOARD

 BE IT REMEMBERED that on the 12th day of

March, 2008, this matter came on for a Board meeting

before MARIA DOMINGUEZ, Hearing Officer, at the Vincent

E. Griego Chambers of the Albuquerque/Bernalillo County

Government Center, 400 Marquette, Northwest,

Albuquerque, New Mexico, at the hour of 6:20 PM.
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 2

1 A P P E A R A N C E S

2 HEARING OFFICER:

3 MS. MARIA DOMINGUEZ

4

FOR THE CITY OF ALBUQUERQUE:

5

 ROBERT M. WHITE

6 CITY ATTORNEY

 1 Civic Plaza, Northwest

7 Albuquerque, New Mexico 87102

 BY: MS. ADELIA W. KEARNY,

8 Deputy City Attorney

9 FOR THE ENVIRONMENTAL HEALTH DEPARTMENT:

 MR. NEAL BUTT

10 Environmental Health Department

 1 Civic Plaza, Northwest

11 Albuquerque, New Mexico 87102

12 BOARD MEMBERS:

13

14 Mr. Jens Deichmann, Chair

15 Dr. Debby Potter, PhD, Vice Chair

16 Dr. Matthew Campen, PhD

17 Mr. Mike Minturn

18 Mr. Art Sharpe

19 Mr. Augustine Grace III, PE

20 Dr. Gwen Sun, MD

21 Louis Pacias, BCPC Liaison

22

23

24

25
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 3

1 MR. DEICHMANN: Let's call this meeting of the

2 Air Quality Control Board to order. I will note that it

3 is -- according to the clock, it is about 17 minutes

4 after 5:00, but I suspect we are off by an hour, so it

5 is 17 minutes after 6:00 p.m. I will also note that we

6 have a full -- all our Board members are present, so we

7 have a quorum, and I'd like to ask if everyone has had

8 an opportunity to get all their materials and had an

9 opportunity to review them.

10 I'd like to propose that we approve the agenda

11 as drafted. Is there a second?

12 MEMBER GRACE: Second.

13 MR. DEICHMANN: There is a second by Member

14 Grace. All in favor say aye. Opposed? Motion passes

15 unanimously.

16 Minutes of February 13, 2008, everyone has had

17 an opportunity to review that. Any changes or

18 corrections? I move for approval of the meeting minutes

19 of February 13, 2008. Is there a second? There is a

20 second by Member Minturn. All in favor say aye.

21 Opposed? Motion passes unanimously.

22 Moving on to item number three, action item

23 decision regarding proposal to adopt 20.11.47 NMAC,

24 Emissions Inventory Requirements. I have a resolution

25 that I will read into the record.
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 4

1 I move for adoption of resolution 2008-3, a

2 new Albuquerque/Bernalillo County Air Quality Control

3 Board regulation, 20.11.47 NMAC, entitled Emissions

4 Inventory Requirements.

5 Whereas on March 12, 2008, the

6 Albuquerque/Bernalillo County Air Quality Control Board

7 held a public meeting in the Vincent E. Griego Chambers,

8 One Civic Plaza, Northwest, consistent with notice

9 requirements specified in the New Mexico Air Quality

10 Control Act, and whereas at the March 12, 2008, public

11 hearing, the Board considered the proposal to adopt

12 20.11.47 NMAC, Emissions Inventory Requirements, and the

13 Board considered all other relevant testimony and

14 evidence presented at the hearing by proponents,

15 opponents and interested parties, and whereas the Board

16 has considered the testimony and evidence presented at

17 the March 12, 2008, public hearing, including all staff

18 exhibits, and whereas in accordance with NMSA 74-2-5,

19 the New Mexico Air Quality Control Act, the Board has

20 given the weight it deems appropriate to all facts and

21 circumstances including, but not limited to, the

22 character and degree of injury to or interference with

23 health, welfare, visibility and property and the public

24 interest, including the social and economic value of the

25 sources and those subject to air contaminants, and
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 5

1 whereas the Board finds substantial evidence was

2 presented to establish that a present need or a

3 reasonably anticipated future need exists to adopt

4 20.11.47 NMAC, Emissions Inventory Requirements.

5 Now, therefore, be it resolved by the Board

6 that, one, the Board hereby adopts proposed 20.11.47

7 NMAC as presented at the hearing by Air Quality Division

8 staff in AQD Exhibit Number 1, as amended by the staff

9 floor amendment included in AQD Exhibit Number 10b, as

10 in bravo, staff is authorized to make non-substantive

11 corrections of typographical and other errors, and staff

12 is directed to submit 20.11.47 NMAC, as adopted by the

13 Board on March 12, 2008, to the State Records Center in

14 the format currently required by the State Records

15 Center, without changing the substance of 20.11.47 NMAC,

16 as adopted by the Board on March 12, 2008.

17 Is there a second?

18 MEMBER CAMPEN: Second.

19 MR. DEICHMANN: There is a second by Member

20 Campen. Is there any discussion? Questions? All in

21 favor of the motion say aye. Opposed? Motion passes

22 unanimously. Thank you.

23 I move Board adoption of resolution number

24 2008-4, incorporating a new Albuquerque/Bernalillo

25 County Air Quality Control Board regulation, 20.11.47
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 6

1 NMAC, Emissions Inventory Requirements, as a revision to

2 the State Implementation Plan for air quality.

3 Whereas Section 110 of the Federal Clean Air

4 Act requires each State or air quality administrative

5 area to adopt a State Implementation Plan for air

6 quality, otherwise known as SIP, and whereas on March

7 12, 2008, the Albuquerque/Bernalillo County Air Quality

8 Control Board adopted 20.11.47 NMAC, Emissions Inventory

9 Requirements, and whereas on March 12, 2008, in

10 accordance with notice requirements specified in the New

11 Mexico Air Quality Control Act, the Board held a public

12 hearing in the Vincent E. Griego Chambers, One Civic

13 Plaza, Northwest, regarding the proposal to adopt

14 20.11.47 NMAC with floor amendments into the State

15 Implementation Plan for air quality, and the Board

16 considered all testimony and evidence presented at the

17 hearing, and whereas it is necessary to maintain a

18 current State Implementation Plan as part of the Board's

19 strategy to prevent or abate air pollution.

20 Now, therefore, be it resolved by the Board

21 that the Board hereby incorporates 20.11.47 NMAC,

22 Emissions Inventory Requirements, as adopted by the

23 Board on March 12, 2008, as a revision to the New Mexico

24 State Implementation Plan For Air Quality, and the Board

25 hereby directs staff to take all steps necessary to
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 7

1 incorporate 20.11.47 NMAC as adopted by the Board on

2 March 12, 2008, into the New Mexico State Implementation

3 Plan For Air Quality.

4 Is there a second?

5 MEMBER MINTURN: Second.

6 MR. DEICHMANN: There is a second by Member

7 Minturn. Any discussion? Questions? All in favor say

8 aye. Opposed? Motion passes unanimously.

9 Thank you very much.

10 (Proceedings concluded at 6:25 p.m.)

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25
505-243-5018

KATHY TOWNSEND COURT REPORTERS

Page 8

1 STATE OF NEW MEXICO )

2 ) SS

3 COUNTY OF BERNALILLO )

4

5

6 I, CATHERINE LEON, the officer before whom the

7 foregoing proceedings was taken, do hereby certify that

8 I personally recorded the proceedings by machine

9 shorthand; that said transcript is a true record of the

10 proceedings; that I am neither attorney nor counsel for,

11 nor related to or employed by any of the parties to the

12 action in which this proceeding is taken, and that I am

13 not a relative or employee of any attorney or counsel

14 employed by the parties hereto or financially interested

15 in the action.

16

17

 CATHERINE LEON

18 CCR License Number: 71

 Expires: 12/31/08

19

20

21

22

23

24

25
AQeS MEETING, 3/12108

1

1 according 11)- 3:3 BERNALIUO (2)- 4:2, 4:6, 5:25, 6:7 February (2) - 3:16,

Act (4)- 4:10, 4:19, 1:1,8:3 currentl')- 8:18 3:19

6:4,6:11 BOARD(3)-1:1, Federal (1)- 6:3

1 (3)-2:6, 2:10, 5:8 action [3J - 3:22, 1:10,2:12 D financially [11- 8:14

10b (1)- 5:9 8:12,8:15 Board [24J - 1:15, lloor(2)- 5:9, 6:14

110(1)-6:3 ADELIA (1)- 2:7 3:2, 3:6, 4:3, 4:6, Debbyll)-2:15 FOR (2)- 2:4, 2:9

12(9)-4:5,4:10, administrative (1)- 4:11,4:13,4:15,4:19, foregoing (1)- 8:7

4:17,5:13,5:16,6:7, 8:4 5:1, 5:5, 5:6, 5:13, decision (1)- 3:23 format (1)- 5:14

6:9, 8:23, 7:2 ADOPTll)-1:3 5:16,5:23,5:25,6:8, deems (1)- 4:20 full,,)- 3:8

12131/08 [IJ- 8:18 adoptl') - 3:23, 6:11,6:15,6:20,6:21, degree(1)- 4:22 future (1) - 5:3

121h[I)-1:14 4:11,5:3,6:5,6:13 6:23,6:24,7:1 Delchmann (1)-

13(2)-3:16,3:19 adopted [~- 5:12, Board's [I) - 6:18 2:14 G 17[~ - 3:3, 3:5 5:16,6:8,6:22,7:1 bravo [I) - 5:10 DEICHMANN (4) -

adoption (2)- 4:1, BUTII,)-2:9 3:1,3:13,5:19,7:6

2 5:23 BY (1)- 2:7 DEPARTMENT I1J - given (1)- 4:20

adopts (1)- 5:6 2:9 Government (1) -

agenda[I)- 3:10 C Department PJ - 1:18

20,11,47(13)-1:3, 2:10 Grace (2)- 2:19,3:14

3:23,4:3,4:12, 5:4, AIR12[-1:1,1:10 Deputy [I) - 2:8 GRACE [1(- 3:12

5:6,5:12,5:15,5:25, alr(9)- 4:25,8:2, Campen [2] - 2:16, directed [1[- 5:12 GrlegoI3)-1:17,

6:8, 6:14, 6:21, 7:1 6:4,6:5,6:15,6:19 5:20 directs [I) - 6:25 4:7,6:12

2008(12)-1:15, Air (12)- 3:2, 4:2, CAMPEN [IJ - 5:18 discussion [~ - Gwen (1)- 2:20

3:16,3:19,4:5,4:10, 4:6,4:9,4:19,5:7, CATHERINE (2) - 5:20,7:7

4:17,5:13,5:16,6:7, 5:25,6:3,6:7,6:11,

6:24,7:3 8:6,8:17 Division [lJ - 5:7 H 8:9, 6:23, 7:2

ALBUQUERQUE (2) CCR[I)- 8:18 DOMINGUEZ (2) - 2008-3(1)- 4:1 Centsr(3)-1:18, 1:16,2:3

2008-4(1)- 5:24 -1:1,2:4 5:13,5:15 Dr (3) - 2:15, 2:16, health [IJ - 4:23

Albuquerque (3)- certify [I) - 8:7 2:20 HEALTH [I) - 2:9

4 1:19,2:7,2:11 Chelr(2)- 2:14, 2:15 drafted [1)- 3:11 Health (1)- 2:10

ALBUQUERQUE- Chembers (3)-1:17, hearing (6)- 4:11, BERNALILLO [lJ -1:1

4:7,6:12 E 4:14,4:17,5:7,6:12,

400(1)-1:18 Albuquerquel changes [I) - 3:17 6:17

Bernalillo [~ - 1:17, Hearlng[I)-1:16

5 4:2, 4:6, 5:24, 8:7 changing (1)- 5:15

economic (1)- 4:24 HEARING (1)- 2:2 character [I) - 4:22 amended (1)- 5:8 circumstances 11J - Emissions [7J - 3:24, held (2)- 4:7,6:11

amendment (1] - 5:9

4:21 4:3,4:12, 5:4,6:1, hereby (4) - 5:6, 5:00 [I) - 3:4 amendments (1) • 6:8,6:22 6:21, 8:25, 8:7

6:14 City (1)- 2:8

EMISSIONS [I) - 1:3 hereto[I)- 6:14 6 anticipated (1)- 5:3 CITY [~ - 2:4, 2:6

employed (2)- 6:11, hour12J-1:19,3:4

appropriate 11J - Clvlc(4)- 2:6,2:10, 8:14 4:8,8:12

6:00 [1[ - 3:5 4:20

Clean [IJ - 6:3 employee[l)- 8:13 I

6:20(1)-1:19 apprOVal[I)- 3:18

clock (1)- 3:3 entitled (1)- 4:3

6:25(1)-7:10 approve (1)- 3:10

concluded (1)-7:10 ENVIRONMENTAL

AQD (2)- 5:8, 5:9 (1)- 2:9 111(1)-2:19

area (1)- 6:5 considered [41 - EnVironmental (1)- Implementation (9)- 7

Art (1)- 2:18 4:11,4:13,4:16,6:16 2:10 6:2,6:5,6:15,6:18,

attorney [~- 8:10, conslstsnt (1)- 4:8

errors).) - 5:11 6:24,7:2

711')- 8:18 8:13 contamlnenta (1)- establish [I] - 5:2 IN [1)-1:2

74-2-5(1)-4:18 Attorney (1)- 2:8 4:25

evidence [4J - 4:14, Included (1)- 5:9

ATIORNEY [IJ - 2:8 Control [6] - 3:2, 4:2, 4:16,5:1,6:16 Including (3)- 4:17,

8 Augustine [IJ - 2:19 4:6,4:10,4:19,5:25, Exhlblt(2)- 5:8, 5:9 4:21,4:24

authorized (1)- 5:10 8:8,6:11 exhibits (1) - 4:18 Incorporate (1)- 7: 1

ayeI4]- 3:14, 3:20, CONTROL (2) - 1:1,

exists (1) - 5:3 Incorporales (1)- 87102(2)-2:7,2:11 1:10 5:21,7:8 6:21 Expires [IJ - 8:18 corrections (2) - Incorporating [I) - A B 3:18,5:11

F 5:24

counsel (2)- 8:10, Injury (1)- 4:22

8:13 abate [I) - 6:19 Interest (1) - 4:24

BCPC (1)- 2:21 COUNTY[~-1:1,

accordancel2l facts [IJ - 4:20 Intsrested [~- 4:15, - BEjl)-1:14 8:3 4:18,6:10 favor[4J - 3:14, 3:20, 8:14

BEFORE[I)-1:1 County (5)-1:17, 5:21,7:7 Intsrfengnce [1[ -

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCS MEETING, 3/12/08

2

4:22 Minutes [1[- 3:16 p record 121 - 3:25, 8:9 substantive (1] -

INVENTORY [1[ - 1:3 minutes [3]- 3:3, recorded II) - 8:8 5:10

Inventory [7) - 3:24, 3:5,3:18 Recorda 12) - 5:13, Sun 1'1- 2:20

4:4,4:12,5:4,6:1, Motion 14) - 3:14, p,m 12) - 3:5,7:10 5:14 suspect [1} - 3:4

6:8,6:22 3:21,5:21,7:8 PaclaSll) - 2:21 regarding I~ - 3:23,

ITI,)-1:14 motion [1[- 5:21 part 11) -6:18 6:13 T

Item [2)- 3:22 move I') - 3:18,4:1, parties [3] - 4:15, regUlation [2[- 4:3,

5:23 8:11,8:14 5:25

J Moving II) - 3:22 passes [4[- 3:14, related{I[- 8:11 testimony (3) - 4:13,

MR [51 - 2:9, 3:1, 3:21, 5:21, 7:8 relative{I[- 8:13 4:16,6:16

3:13,5:19,7:6 PE II) - 2:19 relevant II) - 4:13 THEI5[-1:1,1:2,

Jens [1[- 2:14 MS 12[- 2:3, 2:7 parsonally [I) - 8:8 REMEMBERED [1[- 2:4,2:9

PhD I~ - 2:15,2:16 1:14 therefore 12)- 5:5,

K N Plan 16) - 6:2, 6:5, reqUired 1'1- 5:14 6:20

6:15,6:18,6:24,7:3 Requirements [7]- three II) - 3:22

KEARNY 1']- 2:7 Plaza 14[ - 2:6, 2:10, 3:24, 4:4, 4:12, 5:4, TOll)-1:3

known [I) - 6:6

NEAL 11) - 2:9 4:8,6:13 6:1,6:9,6:22 transcript [I) - 8:9

necessary 121 - 8:17, PMI,[-1:19 REQUIREMENTS 11[ true II) - 8:9

6:25 pollution 1']- 6:19 - 1:4 typographical [1) -

L need 12} - 5:2, 5:3 Potter 11) - 2:15 reqUirements I~ - 5:11

new 12) - 4:2, 5:24 present 12} - 3:6, 5:2 4:9,6:10

LEON [~- 8:6, 8:17 NEW[I)-8:1 presented 151 - 4:14, requires [1[ - 6:4 U

L)alson II) - 2:21 NeWI6J -1:19, 2:7, 4:16, 5:2, 5:7, 6:16 resolution [31 - 3:24,

License [1[ - 8:18 2:11,4:9,4:19,6:10, prevent [I] - 6:19 4:1,5:23 unanimously [41 -

limited 11[ - 4:21 6:23,7:2 proceeding 11) - resolved [2]- 5:5, 3:15,3:21,5:22,7:8

Louis (I) - 2:21 NMAC 113) - 1:3, 8:12 6:20

3:23,4:3,4:12, 5:4, Proceedings [1[ - review [2[- 3:9, 3:17 V M 5:7, 5:12, 5:15, 6:1, 7:10 revision 12) - 6:1, 6:8,6:14,6:21,7:1 proceedings [3[ - 6:23

NMSA[I[-4:18 8:7,8:8,8:10 ROBERT [1[ - 2:5 value II} - 4:24

machine 11] • 8:8 non 11[- 5:10 property II) - 4:23 Vlcel'[- 2:15

maintain [I) - 6:17 non-substantive 111 proponents 11)- S Vincent I') - 1:16,

March [10) - 1:15, - 5:10 4:14 4:7,6:12

4:5,4:10,4:17,5:13, Northwest 15) -1:18, PROPOSAL II) - 1:3 visibility II) - 4:23

5:16,6:6,6:9,6:23, 2:6,2:10,4:8,6:13 proposal (3) - 3:23, second I') - 3:11,

7:2 note 12) - 3:2, 3:5 4:11,6:13 MARIAI') -1:16, 2:3

3:13,3:19,3:20,5:17, W

notice 12]- 4:8,6:10 propose 1'[- 3:10 5:19, 7:4, 7:6

Marquette II) - 1:18 Number[3] - 5:8, proposed (1[ - 5:6 Second (3) - 3: 12,

materials [1[- 3:8 5:9,8:18 public 151 - 4:7,4:10, 5:18, 7:5 weight II) - 4:20

MATIERll)-1:2 number 12) - 3:22, 4:17,4:23,6:11 Section II) - 6:3 welfare II) - 4:23

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