### Bill Richardson Governor 

# State ofNewMexico Office

# of the 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: RequestForApproval OfRevision To The State ImplementationPlan For Air Quality

DearMr. Greene:
As providedby 40 CPRPart51, AppendixV and 40 CPRPart 51, SubpartP, I am writing to request approval ofthe attached documentationwhichwill serve as the basis for arevisionto the State Implementation Plan (SIP) forNew 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 CountyAir Quality Control Board (AQCB) approvedthis action onMarch 12, 2008, after apublic commentperiod and correspondingpublichearing held onMarch 12, 2008. The new regulation, 20.11.47 NMAC, Emissions Inventory Requirements, was filed atthe New Mexico State Records Center on March 13,2008, andbecomes effective May 1,2008. We believe that the submittedmaterials provide adequate documentation to supportthe requested SIP revision.
To facilitate yourreview andprocessing, the following materials are enclosed: 1) SIP Completeness Checklistpursuantto 40 CPR 51 2) Hearingrecords, including transcripts and exhibits 3) Comments and responses 4) The fmal AQCB-approved SIP revision for the Emissions InventoryRequirements Regulation 5) Other supporting documentation Yourfavorable consideration ofthis requestis appreciated. Ifyou have any questions, please contact John Soladay, Acting Directorofthe Albuquerque Environmental HealthDepartment (EHD), at (505) 768-2600. Sincerely,

# ~~ Bill Richardson Governor ofNew Mexico 

### BR/zw

. cc: John Soladay, Acting Director, Albuquerque EHD 

### Mary Uhl, Chief, Air QualityBureau, NM EnvironmentDepartment Isreal Tavarez, Environmental Engineering Manager, Air Quality Division (AQD) MargaretNieto, Control Strategies Section Supervisor, AQD Enclosures 

### State Capitol • Room 400 • 

### SantaFe, NewMexico 87501 • 505-476-2200 • 

### www;govemor.state.nm.us

# SUBMITTAL LETTERFROM 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<rimuIHHid<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 CFRPart51, 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

...**~t** 

### to 

### 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}' 

### ofpublication.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 

## following

## materials are enclosed, 

### 1) SIP

## Completeness Cheddist

## pursuant to 

### 40 CFR 51, 

## Appendil: V 

# 2J Headng

# records. includingtnnsaiptllllll.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:aITavarez, 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, EmissionsInventory 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 C hairman 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 enforceableby 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 becameeffective on May 1, 2008. The new regulation was published on March 31, 2008 inthe 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. TheNew 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 aff ected sources including the EPA attainment/ nonattainment designation of the locations andthe 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 BernalilloCounty, 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 theplan 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 willbe 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: 

# t2

(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 andInternet s1te(6) " Bpplia,* 

### 1. 2 3. Repeal 

# 0 Emergency 

# 0

5-1-08

Name:

Title: Jens Deichmann 

# yesD - ...**~ST ';'-il>'-J-,,~~~)~{"~** **'.;;;A~~~.** Public domain

# D**"'P"'"~~~"** 6 • I ); rl'

, ' " ' I

Date SI ned SRC-20DO-02 5/2612000

# ATTACHMENT B

Copy of the new regulation as filedwith the NM State Records Center

### TITLE 20 CHAPTER II PART 47 

## FIU:.O WilH 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 lacksjurisdiction. [20.11.47.2 NMAC

- N, 5/1/08] 20.11.47.3 STATUTORY AUTHORITY: 20.11.47 NMAC is adopted pursuantto the authority provided in the New MexicoAir 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]
20.11.47.4 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 of20.11.47 NMAC is to establish requirements both for submitting inventories ofaircontaminants 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 ofdatato 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 conflictbetween 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-monthperiod. Valid continuous emission monitoring data or source test data shall be 

### preferentially used to determine actual emissions. In the absence ofvalid continuous emissions monitoring data or source test data, the basis for determining actual emissions shall be 

### quantified using actual operating hours, production rates, throughputs ofprocess materials, throughputs ofmaterials stored, usage ofmaterials, data provided in manufacturer's product specifications, material volatile organic compound (VOC) content repons, laboratory analyses, or any othertechnically acceptable data as approved by the department in advance and in writing. All calculations ofactual 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 convertfor the purposes ofcontrol any air contaminantto another form, another chemical or another physical state. C. 

### "California climate action registry" means the voluntary registry for greenhouse gas emissions established pursuantto California Health and Safety Code D. 26, 

### Pt. 4, Ch. 6, as amended. D. "Carbon dioxide" means the chemical compound containing one atom ofcarbon and two atoms ofoxygen. E. "Commencement" or "commence" means that an owner or operator has undertaken a 

### continuous program ofconstruction 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 ofair 

### contaminants and greenhouse gas emissions discharged into the atmosphere.

20.11.47 NMAC

### H. "Fuel carbon content" means the mass ofcarbon per unit ofheat content ofa fuel. I. "Fugitive emissions" are those emissions that could not reasonably pass through a stack, chimney, vent, or otherfunctionally-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 ofcarbon and four atoms of hydrogen. N. "Modification" means any physical change in, or change in the method ofoperation of, a stationary source that results in an increase in the potential emission rate ofany regulated air contaminantemitted by the source orthat results in the emission ofany regulated air contaminantnot previously emitted, but does not include: (I) a change in ownership ofthe source; (2) routine maintenance, repair or replacement; (3) installation ofair pollution control equipment, and all related process equipment and materials necessary for its operation, undenaken for the purpose ofcomplying 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 ofoperation; or (c) use ofan alternative fuel or raw material if, prior to January 6, 1975, the source was capable ofaccommodating such fuel orraw material, or ifuse ofan alternate fuel orraw material is caused by a natural gas curtailmentoremergency allocation or any other lack ofsupply ofnatural gas. O. "Nitrous oxide" means the chemical compound containing rwo atoms ofnitrogen and one atom ofoxygen. P. "Nonattainment area" means, for any airpollutant, 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 orpersons who own a facility orpart 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 asphaltplants. U. "Potential emission rate" means the emission rate ofa source at its maximum capacity to emit a 

### regulated air contaminantunder 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 orprocessed, shall be treated as part ofits physiCal and operational design only ifthe limitation orthe effect it would have on emissions is enforceable by the department pursuant to the Air Quality Control Act orthe federal act. V. "Potential to emit" means the maximum capacity ofa stationary source to emit an air contaminantunder its physical and operational design, exceptthat a physical or operational limitation on the capacity ofa source to emit an air contaminant, including air 

### pollution control equipment and restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored, orprocessed, 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 

### ofwhich is regulated pursuant to the New Mexico Air Quality Control Act orthe 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 ofairpollution control equipment, process equipment orprocess for any purpose, except routine phasing out ofbatch process units.

20.11.47 NMAC 2

### z. "Stationary source" or "source" means astructure, building, equipment, facility, installation (including temporary installations), operation orportable stationary source that emits or may emit an air contaminant; aresearch 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 pursuantto the District ofColumbia nonprofit corporation act for the purpose ofcreating 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 implementationplan element for 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 ofany amendment to 20.11.47 NMAC with the state records center and archives shall not affect any action pending for violation ofa city or county ordinance, a board regulation, or a permit, and shall not affect apetition filed pursuantto 20.11.47 NMAC. Prosecution for violation ofa prior statute, ordinance, part or permit shall be governed and prosecuted underthe statute, ordinance, part orpermit 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 notrelieve 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 maybe 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 ofevery 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 ofan owner or operator's submitted emissions report when requested in writing by the owneror operator.

20.11.47 NMAC 3

### (3) The owner or operator shall submitto the department a complete, correct and current emissions report in the fonnat specified by the department; the report shall state accurately the emissions ofall air pollutants included inthe pennitrequested for any specified calendaryear. (4) Except as provided in Paragraph (5) ofSubsection B of20.11.47.14 NMAC, ifthe owner or operatoris required to submit an emissions report to the department, the owner or operator shall submitthe report by March 15 for the previous calendaryear or any other calendaryear. (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 ofemissions reports. Emissions report contents forreports required by SubsectionB of 20.11.47.14 NMAC shall include: (1) the air quality stationary source pennit number or source registration number; (2) the name, address, ifany, and physical location ofthe stationary source; (3) the name and telephone number ofthe personto contactregarding 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 bestknowledge and beliefofthe certifying official, and includingthe full name, title, signature, date of signature, and telephone number ofthe certifying official; for sources subjectto 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 ofcontrol equipment and estimated control efficiency; (c) schedule ofoperation; (d) annual process orfuel combustion rates; (e) fuel heat, sulfur, and ash content; (I) 

### estimated actual emissions in pounds peryear 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 utilizedto 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 ofnitrogen 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 ofreporting requirements for insignificant emissions. The department may waive the requirements ofParagraph (5) ofSubsection C of20.11.47.14 NMAC for emissions that the department detennines to be insignificantpursuantto 20.11.42 NMAC, except the following shall not be waived: (I) 

### for sources in nonattainment areas, reporting ofemissions ofpollutants 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 

### additionto complying with the requirements ofSubsections A through E of20.11.47.14 NMAC, an owner may be subjectto 20.11.46NMAC, SulfurDioxide Emissions Irrventory Requirements; Western Backstop SulfurDioxide 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 ofevery stationary source, located witbin Bernalillo county tbat emits agreenhouse gas as defined in Subsection 

### J of20.11.47.7 NMAC and: (1) has an active permit issued pursuantto 20.11.41 NMAC, Authority to Construct, 

### or 20.11.42 NMAC, Operating Permits; or (2) is required to file a source registration pursuantto 20.11.40 NMAC, Source Registration. 

### B. Reporting requirements. (1) Any stationary source subject to 20.11.47.15 NMAC, 

### ifrequested 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 yearregistered in eitbertbe climate registry ortbe California climate actionregistry. (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 bestpractices approved orrecommended by federal and state agencies, by greenhouse gas emissions registries, and by non-governmental bodies having expertise in greenhouse gas emissions quantification; (c) whetber, consideringthe amount and chemical composition oftbe emissions, greenhouse gas emissions from aparticular source or source type are expected to be insignificantrelative to emissions from 

### other sources or source types; and (d) whether, considering the amount and chemical composition oftbe emissions, emissions ofa particular greenhouse gas from a source or source type are expected to be insignificantrelative to tbe total greenhouse gas emissions from tbat source or source type. C. 

### Content ofgreenbouse gas emissions reports. Ifa greenhouse gas emissions report is required by Subparagraph (a) ofParagraph (I) 

### ofSubsection 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 ofgreenhouse 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 ofRepealed 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 volatileorganic compound (VOC) content reports, laboratory analyses, or any other technically accepta ble 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 orraw 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 relocatedto 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-Bernalillocounty, 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 liberallyconstrued 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 sourceregistration 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 tosubmit 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 ofemissions 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 reportsfrom 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 EmissionsInventory 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 sourceregistration 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 establishedby 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

# •••••••••••••••••••••••••••••••••••••••••••••• 

# • • 

# -. . • • : ALBUQUERQUE-BERNALILLO COUNTY : : AIR QUALITY CONTROL BOARD : : PUBLIC HEARING : 

# • • • • • • • • • • • • • • • • • • • • • • • • • • : New Regulation : : 20.11.47 NMAC, 

# Emissions Inventory : : Requirements : 

# • • • • • • • • • • • • • • • • • • • • • • • • • • • March 12, 2008 • 

# • • • • • • • • • • • • • • : 'EXHIBITS' : 

# • • • • • • • • • • • • • • • • ••••••••••••••••••••••••••••••••••••••••••••••

### 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 Amendment20.11.47.5 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 eachpersonwho owns or operates a source orwho 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 overwhich the Albuquerque-Bernalillo county air quality control board lacksjurisdiction. [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 of20.1 1.47 NMAC is to establish requirements both for submitting inventories ofair 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 ofdata 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 ofa regulated air contaminant from a stationary source for every 12-month period. Valid continuous emission monitoring data or source test data shall be preferentiallyused to determine actual emissions. In the absence ofvalid continuous emissions monitoring data or source test data, the basis for determining actual emissions shall be quantified using actual operating hours, production rates, throughputs ofproeess materials, throughputs ofmaterials stored, usage ofmaterials, 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 Departmentin advanee and in writing. All calculations ofactual 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 ofcontrol 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 pursuantto California Health and Safety Code D. 26, Pt. 4, Ch. 6, as amended.

. D. "Carbon dioxide'" means the chemical compound containing one atom ofcarbon and two atoms ofoxygen. E. "Commencement" or "commence" means that an owner or operatorhas undertaken a continuous program ofconstruction or modification. F "Construction" means fabrication, erection, installation orrelocation ofa stationary source, including temporary installations and portable stationary sources. G. "Emissions report" or "emissions inventory" means a listing, by source, ofthe amount ofair contaminants and greenhouse gas emissions discharged into the atmosphere. 

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20.11.47 NMAC Public Review Draft 1/26/08 

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## 55 56 H. "Fuel carbon content" means the mass ofcarbon per unit ofheat content ofa 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 sulfurhexafluoride. 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 ofcarbon and four atoms of hydrogen. N. "Modification" means any physical change in, or change in the method ofoperation of, a stationary source that results in an increase in the potential emission rate ofany regulated air contaminant emitted by the source or that results in the emission ofany regulated air contaminant not previously emitted, but does not include: (1) a change in ownership ofthe source; (2) routine maintenance, repair orreplacement; (3) installation ofair pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose ofcomplying 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, ifthe increase does not execed the operating design capacity ofthe source; (b) an increase in the hours ofoperation; or (c) use ofan alternative fuel or raw material if, prior to January 6, 1975, the source was capable ofaccommodating such fuel or raw material, or ifuse ofan alternate fuel or raw material is caused by a natural gas curtailment or emergency allocation or any other lack ofsupply ofnatural gas. O. "Nitrous oxide" means the chemical compound containing two atoms ofnitrogen and one atom ofoxygen. P. "Nonattainment area" means, for any airpollutant, 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 orpart ofa 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 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 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 ofa source to emit an 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 design ifthe limitation is fedcrally 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 coneentration ofwhich 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 apennit or source registration, who is responsible for complying with the pennit, or source registration and 20.11.47 NMAC. Y. "Shutdown" means the cessation ofoperation ofairpollution control equipment, process equipment or process for any purpose, cxcept routine phasing out ofbatch process units.



### 20.11.47 NMAC Public Review Draft 1/26/08 

### 20f520.11.47.10 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 of20.11.47 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 orwording 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 ofremaining portions of20.11,47 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 ofany amendm'ent to 20.11.47 NMAC with the state records center and archives shall not affect any action pending for violation ofa city or county ordinance, aboard 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 orpennit 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 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. 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 ofcreating 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 ofthe Section 309 RegionalHaze 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 ofevery 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 reportmore frequently than annually. 

### 1 

## 2 3 

## 4 5 6 7 8 

### 9 

### 10 11 12 

### 13 14 15 

### 16 17 18 19 

### 20 21 

## 22 23 

### 24 

## 25 26 27 28 29 

## 30 31 32 

### 33 34 35 

### 36 37 

## 38 39 40 41 42 43 

## 44 45 

## 46 47 48 

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## 50 51 

## 52 53 54 55

20.11.47 NMAC Public Review Draft 1/26/08 30f51 (2) The department will provide a complete copy ofan 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 ofall air pollutants 5 included in the permit requested for any specified calendar year. 

### 6 (4) Except as provided in Paragraph (5) ofSubsection 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 calendaryear. 

### 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 ofemissions 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, ifany, 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 beliefofthe 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 ofcontrol equipment and estimated control efficiency; 

### 24 (e) schcdule ofoperation; 

### 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 oftotal 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 addit jon to the contents required by Subsection C of20.11.47.300 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 ofreporting requirements for insignificant emissions. The department may waive the 

### 46 requircments ofParagraph (5) ofSubsection C of20.11.47.300 NMAC for emissions that the department determines 

### 47 to be insignificantpursuant to 20.11.42 NMAC, except the following shall not be waived: 48 (1) for sources in nonattainment areas, reporting ofemissions 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 ofSubsections 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 ofevery 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, ifrequested 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 ofthe 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 ofgreenhouse gas emissions reports. Ifa greenhouse gas emissions report is required 29 by Subparagraph (a) ofParagraph (I) ofSubsection B of20.11.47.301 NMAC, the report shall eontain the same 

### 30 infonnation required by Paragraphs (I) through (4) ofSubsection 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 ofgreenhouse 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 ofRepealed Material: [Reserved] 44 

### 45 Other History:



### 20.11.47 NMAC Public Review Draft 

### 1126/08 50f5

# Environmental Health Department Air Quality Division

December4, 2007
Re: 20.11.47 N.MAC, 

### Emissions InventoryRequirements
Dear Stakeholders: EXHIBIT



### Martin J. 

### Chavez, Mayor



### The Air Quality Division for the City ofAlbuquerque is in the process ofdeveloping a new regulation 20.11.47 NMAC, 

### EmissionsInventoryRequirements. 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 ofair 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 StakeholderReview Draft is available on the Air Quality Division's Web site at http://www.cabq.gov/airqualitvl. If

### you have any inputregarding this regulation please submityour comments by December 13,2007 via e-mail jamend@cabg.gov ormail them to Janice C. Amend, City ofAlbuquerque, P.O. Box 1293, Albuquerque, NM 87103.
A stakeholdermeeting 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 Divisionfor the City ofAlbuquerque is in the process ofdeveloping a new regulation 20.11.47 NMAC, 

### Emissions InventoryRequirements. We would like your input as a stakeholderregarding this regulation and would appreciate yourreview 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 0[20.11.47.7 NMAC. The objective 0[20.11.47 NMAC is to establish the requirements both for submitting inventories ofair 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 Draftis available on the Air Quality Division's Web site at http://www.cabg.2.ov/airquality/. Ifyou have any inputregarding this regulation please submit your comments by December 13, 2007 via e-mail jamend@cabg.2.ov ormail 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. Thankyou 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 

### EXHIBITcityhall@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 2stevem@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.gov 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 3scott.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 4kristine.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

5Martin J. Chavez, Mayor 

# City 

# ofAlbuquerque 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 MesaMultigenerationaI Center 501 Elizabeth SE, Albuquerque, New Mexico EXHIBIT



### 1. Welcome and Overview ofproposed regulation

- Isreal Tavarez, Chris Albrecht, Air Quality Division Managers
II. Overview ofrulemaking process - Neal Butt, Control Strategies Section
III. Review and discussions on comments received
IV. Questions and Answers**Stakeholders Meeting PROPOSED 20.11.47 NMAC** **Emissio ns Inventory Requirements** **Manzano Mesa Multigenerational Center December 13, 2007** **City of Albuquerque Environmental Health Department Air Q** **u ality Division** **Alfredo R. Santistevan, Director****Albuquerque/Bernalillo County Air Quality Control Board** **Regulation****Proposed New Regulation: 20.11.47 NMAC****Title 20 Environmental Protection****Chapter 11 Albuquerque/Bernalillo County Air Quali** **t y Control Board** **Part 47 “Emissions Inventory Requirements” Why is this regulation needed?** **1. Emissions inventories:****Provide baseline data for a specific air pollutant, for a** **specific area, for a specific source category****Aid in regulation and policy development 2. Pre** **s cribes consistent requirements for emissions** **report submission and methodologies:****“Authority-to-Construct”; 20.11.41.20.D NMAC states: “The own** **er or operator of a stationary source subject to the Part shall notify the Department in writing or** **otherwise provide the Department with:**every two years from the date of issuance of the permit,an updated emissions inventory for the source togetherwith descriptions of any reconfigurations of processtechnology and air pollution equipment. A letterindicating that no change has occurred, if such is thecase, shall be sufficient to comply with this requirement.”**Current Regulatory Citation for Emissions Inventories Additional Current Regulatory Citation for** **Emissions Inventories****Under Authority-to-Construct; “Permit Condi** **t ions”, 20.11.41.18.BNMAC allows the** **following: (8)“to establish and maintain such records of the** **nature and amount of emissions and to make such periodic reports to the Department regarding the** **nature and amounts of emissions ...” (9) “other reasonable conditions as the Department** **may deem necessary” Who is affected by this proposed** **rulemaking? Every stationary source owner or operator located within t** **h e City** **of Albuquerque and/or Bernalillo County Stationary source that has an active permit issued pursuant to** **20.11.41 NMAC “Authority-to-Construct”** **Stationary source that has an active permit issued pursuant to 20.11.4** **2 NMAC “Operating Permits”** **Stationary source that is required to file for a 20.11.40 NMAC “So** **urce Registration” A stationary source that emits a greenhouse gas (carbon** **dioxi d** **e, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride)** **The Whats and Whys of this Regulation?** **Establishes requirements for submitting inventories of air contami** **n ants for stationary sources** **These requirements ensure that regulations and standards under** **t he Air Quality Control Act and Federal Act will not** **be violated****Requires submission of data to quantify greenhouse gas emission** **s w ithin Bernalillo County for stationary sources** **Reporting Requirements****Annual Emissions Reporting for all air pollutants contained in a permit issued pursuant to 20.11.41** **NMAC and 20.11.42 NMAC and source registration issued pursuant to 20.11.40 NMAC** **Annual Emissions Reporting for greenhouse gases emitted by a stationary source that was issued a** **permit pursuant to 20.11.41 NMAC and 20.11.42 NMAC and source registration issued pursuant to** **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 IFrom: 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 ofAlbuquerque is in the process ofdeveloping a new regulation 20.11.47 NMAC, 

### £missionsInventory 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 ofair 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 ofAlbuquerque, P.O. Box 1293, Albuqt1erque, NM 87103. Ifyou 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 staffmember. Please contactMargaret 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 ofAlbuquerque 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 ofany new comments received since 12/13/07 1:45 pm to 1:55 pm 5. Overview ofrevisions 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 ofDecember 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***

12/31/2007Martin 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 stakeholderreview 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 ofAlbuquerque 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 of2Martin 1. Chavez, Mayor



### 1/3/2008 

# City ofAlbuquerque 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 AIfredo 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

1Sent: From:

To: Subject: 

### Notice ofAvailability ofPubllc Review Draft of20.11.47 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~-ironmental** Health 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-BernalilloCounty 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 Requirementsinto 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 torequire 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 whichbecame 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 airpollution 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 tojamend@cabq.govand 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.govor 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 ofRulemaking and Proposed Rules 17



## ALBUQUERQUEBERNALILLO COUNTY AIR QUALITY CONTROL BOARD ALBUQUERQUE-BERNALILLO COUNTYAIR 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~le** ment 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.
Ifyou 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 ofFiscal Year 2008

### New Mexico Register / Volume XIX, Number 2 / January 31, 2008
ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD NOTICE OF HEARINGAND 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, 400Marquette 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 Requirementsinto 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 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 inaccordance 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 aff iliation 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 tojamend@cabq.govand 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 atjamend@cabq.govor 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) or1-800-659-8331 (TTY).

### ABQjournaLegals



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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 ofa broadereffortby 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 airpollutant 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

- powerplants, refineries and clip 

### cementmanufacturing 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 presenttechnical testimony at this hearing is asked to submit a written Notice ofIntentto testify (NOI) before 5:00pmon 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 deliveryour 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 tojamend@cabq.gov and shall include the required name and address information. Interested persons may obtain a copy ofthe proposed rules at the Environmental HealthDepartment Office, or by contacting Ms. Janice Amend electronical1y at jamend@cabq.gov orby 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 

### Publishedon January 26, 

### 2008

httn:/lleQ:als.abaiournal.com/leQ:als/index htrnl/cliDoed/?Dfriendly=1 Page 2 of2

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OtherInformation » 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~lillo** rouroty 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 ofgood**\~/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 1706-2006Thank 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 of1

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 StakeholderMeeting 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 lookforward 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 StakeholderMeeting 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 ofAlbuquerque 768-2601



### 1/31/2008 Page 2 of2Department 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 opportunityto 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 managementprinciples and practices throughout the University ofNew Mexico. The Department ofSafety and Risk Services (SRS) will promote this culture ofsafetybyproviding**excell~** customer service and supportto 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 20.11.4

### 7 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 

### responseto 201 147NMAC-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 regulationsand 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 emissionsin 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 commercialvehicles (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 qualityissue at the Twin Mountain asphalt batching plant (located at the Big I). As a citizen of Albuquerquewith laymen knowledge of air quality regulations, it appears there are a lot of stringent air qualityregulations 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 plantsand 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. Ona 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 localenvironment without providing loopholes for industry? I would appreciate your consideration of the issues I havepresented 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, BoaniAdministrator Office ofthe Environmental Improvement

### Boanf 

### HaroldRUDJ1Cls Building 1190 Sl 

### FrancisDrive, 

### RoomN-21S0

### 12153 SantaFe,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 ontheNew 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 cementmanufacturing facility located in Tijeras, New Mexico. GCC alsopwchasedtwo 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 cementmanufacturing operations and 

### terminal distribution facilities are located in 

### Bernalillo County. As 

### such, under New Mexico statute, 

### they are 

### SUbject to 

### the 

### jurisdiction ofthe Albuquerque-BemaliUo County 

### Air Quality Control Board. GeC bas 

### been contacted by 

### staffofthe Albuquerque-Bema1i1lo County Air Quality Control Board. andplans to 

### participate 

### in an upcoming companion rolemaking to 

### the present NMED 

### PropoaaL GCC is 

### participatingin thepresentrulemaking to

### provide commenton this related rulema1cing 

### action.

130Ramperf

### 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 & 

### netwoIkof

### terminals located SouthDakota, Wyoming, 

### andColorado. GeC is proud to be an industry leader in the use ofstate-of:the-arttechnologyto 

### 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 amodel of

### sustainabledevelopment, 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 of

### its 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 ofpowclcr 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 ofrecyclable containers in process 

### inputs, and promotes the efficient

### use ofenergy 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 cementpacking, resulting in lowerconsumption 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 andrcforcstBlion; and



### • Developing dry mixes, resulting in fewer WBSle 

### materials. 

## THE CEMENTINDUSTRY 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 ofcement 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, 

### EmNo. 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 

### ofcement), 

### and thenpackaged.2

" 

### The process of portland cement manufaeturlng requires 

### large inpulB of energy, specifically in the fourth step 

### ofmanufacture, 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 cementproduction, both from the 

### large energy inputs required to' manufactureport1aDd 

### cement'and the 

### combustion offuels, and from 

### the calcination process 

### itselt H;o.wevc:r, despite the 

### large energy requirements ofportland cement manufacturing, global CO2 f;missjODl 

### froiD portland cement production represent only 

### 3.4% of lola

### Iglobal 

### 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 of37 states" in total volume ofportland cement produced.6 

### New Mexico has 

### the**seCond~lowest** 

## <;X>2 emissiona from 

### portland cement production ofany U.S. state,7 and ,the 

### weighted intensity of calbon emissiona ofNew Mexico's portland cetpent**~ustry** 

## ranks fourth-lowt,st inthe 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 theEnvironmentalEtreets ofTrade). 

### 3Id.

• Hanle, L. J., K. R. 

### Jayaraman, and J. S. Smith, 

### C02 Emissiona Profile oftho 

### 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, 

### Chinaproduced 661 million metric tona ofcement 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<hEmissiona Profile oftheU.S. CementIndustry al8 

### (citingEPADatabase, 2004). 7Id. al9. 

### lId. al 

### 10. "Weighted intensity" calculates the volume ofCO2 

### emittted (in metric tons ofca,) permetric ton ofcementproduced. A loweraverage indicates a greater

### efficiency inproductillD, 

### and a lower

### rate ofC<hernissioDl.

### GCC Comments, EIB No. 07-()6(R) October 1. 2007 

### Page 4 

### Portland cement manufacturing 

### is akey industry in the United States andthroughout 

### !be world. Portland cement is a fundamental ingredient in the production ofconcrete, the primary building material for the construction industry. Only a small amount ofconstructionactivity can 

### occur without the use ofportland cement and 

### concrete. The 

### construction industry 

## uses portland cement for numerous projects that form the 

### infrastructure ofmodem society: residential 

### and commercial buildijlgs, roads and highways, bridges, tunnels, and dams.9 

### Because ofits wideranging 

### iiupOrtancc in constructionofnearly all infrastructure, portlandcement 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 cementplants in 36 U.S. statea. 1l I; , ' 

### New Mexico consumed approXimately 

### 900,000 metric tons ofportland 

### cement in 2006. ofwhich aliDost'half WBs 

### imported, and 

### construction work in which this portlllnd cement W88 

### used WBS 

### valued afapproximately $260 milliOn. II 

### New Mexico's portland cement 

### and related industries employ approximately 4,700 workm. and an even greater number ofemploymeDl 

### 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 avital 

### 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 w

betherto adoptthe NMED Proposalwilhoutmodification. 

### 9Id. at I.

10Id

II 

### Portland Cement Association, Economics of lhe U.S. Cement Industry (November 2(06), 

### available athttp://www.cementorgieconlindustJy.asp.

12 

### PortlandCementAssociation, SummBIY ofCement-BasedProducts Industry 

### Statistics (New 

### Mexico), 

### available athttp://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, 

### EmNo. 07-G6(R) October I, 

### 2007 PageS A. 

### Bsseline Protections for Voluntary Emissions Reduction

.. As 

### the NMED Proposal itselfnotes, 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 ofabroader state effortto address emissions ofgreenhouse gases."); 

### see also GovernorBill 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 emissionreductionprogramwith aregional ornational 

## 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 ofNew Mexico's climate change actions 8S 

### a whole is 

## to "ensure thlIt 

### businesses in New Mexico 

### may enjoy 

### any 

### benefits, credits, or • baSelineprotections' 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 oftechnically- and cost-effective technologies intend¢ to 

### decreB!lC COJ 

### and GHG emissions. By doing so, GCC**d~** 

### notwishto reduce any "baselineprotections" thatmay 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 mustrecognize early action. ' B. Codification of"BestPractices" 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 priorto 

### the beginnIng 

### Of. greenhouse gas emission reporting year). Moreover, the proposed standird 

### refers to, 

### IIDd requires consistency with; the 

### "bestpractices accepted bythe C1imate RegistI}'or

### the California Climate Actionregistry." 

### 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 overtime 

### based upon the "bestpractices" ofa 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 the

# NM: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 ofdirect GHG emissions 

### from individual portland cementmanufactwing facilities. 

### As such, GCC respectfully proposes that the Board codify such acknowledgement in the text of

### the proposedregulation. 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 ofthe 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 convenedjointly 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 ofuniform 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 Boardto consider the

### NMED Proposal in light ofconcerns 

### that imposing heightened requirements applicable only to New Mexico may atI;ect 

# the**'~Omie** competitiveness ofNew Mexico cement 

### New Mexico Stsle and City ofAlbuquerque 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 ofcement to a significant 

### portion ofNew 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 ofcaJbon 

### 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 oftheregulation. 

### 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, 

### andmay resuh in double-counting ofGHG 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 Americanbusinesses.").

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 ofindiI'ect emissiona 

### will further burden 

### the process with9ut**si~ficantgain.**



### . E. Reconciliation ofthe NMED Proposal With FederalRegulation.



### Further, GCC also Urges the Board to considerhow 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 ofthe 

## 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 

### clearwhether it is intended 

### as an liinendmentto 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 

### ormore GCC representatives planto 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 eachperson who owns or operates a source orwho intends to construct ormodify a source within Bernalillo county, but does not apply to sources in Bernalillo county that are located on Indian lands overwhich the Albuquerque-Bernalillo county air quality control board lacksjurisdiction. [20.11,47.2 NMAC

- N, 5/1108]
20.11.47.3 STATUTORY AUTHORITY: 20.11.47 NMAC is adopted pursuant to the authorityprovided in the New Mexico AirQuality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; 

### the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Section4; 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]
20.11.47.4 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 of20.11.47 NMAC is to establish requirements both for submitting inventories ofair contaminants to ensure that the regulations and standards underthe Air Quality Control Act and the federal act will not be violated and to require submission ofdata 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 ofa regulated air contaminant from a stationary source for every 12-monthperiod. Valid continuous emission monitoring data or source test data shall be preferentiallyused to detennine actual emissions. In the absence ofvalid continuous emissions monitoring data or source test data, the basis for determining actual emissions shall be quantified using actual operating hours, productionrates, throughputs ofprocess materials, throughputs ofmaterials stored, usage ofmaterials, data provided in manufacturer's product specifications, material volatile organic compound (VOC) contentreports, laboratory analyses, or any othertechnically acceptable data as approved by the department in advance and in writing. All calculations ofactual emissions shall use USEPA or department approved methods including emission factors and assumptions. B. "Air pollution control equipment" means any device, equipment, process orcombination thereofthe operation ofwhich would limit, capture, reduce, confine, orotherwise control air contaminants or convert for the purposes ofcontrol 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 establishedpursuant to California Health and Safety Code D. 26, Pt. 4, Ch. 6, as amended. D. "Carbon dioxide" means the chemical compound containing one atom ofcarbon and two atoms ofoxygen. E. 

### "Commencement" or "commence" means that an owner oroperatorhas undertaken a continuous program ofconstruction ormodification. 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 ofair 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 orraw 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 relocatedto 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-Bernalillocounty, 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 liberallyconstrued 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 sourceregistration 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 tosubmit 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 ofemissions 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 ma ke 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 reportsfrom 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 cont ributing to emissionsfrom 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 EmissionsInventory 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 sourceregistration 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 establishedby 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, thenthe 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 ofevery 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, ifrequested 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 ofthe 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 ofthe emissions, emi ions ofa 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 ofgreenhouse ga emissions reports. Ifa greenhouse gas emission report is required by Subparagraph (3) ofParagraph (l) of ubsection 8 of20.11.47.15 AC, the report shall contain the same information required by Paragraphs (I) through (4) ofSubsection 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 ofgreenhouse 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 ofRepealed 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. VincentE. Griego Chambers Albuquerque-Bernalillo County 

### General inquires regarding this agenda 

### may be directedtoJaniceAmend(505) 768-2601 Government Center 

### (jamend@cabq.guv). 400 Marquette NW Albuquerque 

### NM. Hearings Proposal to adopt 20.11.47 NMAC, 

### EmissionsI11VentoryRequirements. Proposal to incorporate a newly adopted 20.l].47 NMAC into theNew Mexico State Implementation Plan (SIP) for airquality. 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 I11VentoryRequ;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. MargaretMenacbe

OTHER BUSINESS
Item 

### #6 Receipt ofFeb. 28, 2008 letter from U. S. Forest Service regarding 20.I 1.20NMAC. 

### Fugitive 

### Dust Control
Item 

### #7 Reminder ofupcoming Board activities on Apn19:

• Reappointment ofBoard members.

• Election ofChair and Vice Chairfor 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 309RegionalHaze 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 309RegionalHaze State Implementation Plan Element: Albuquerque/Bernalillo County, NM; and an amended 20.11.46 NMAC, SulfurDioxide Emissions Inventory Requirements Western Backstop SulfurDioxide TradingProgram 

### into the New Mexico State Implementation Plan for Air Quality (SIP).
PUBLIC COMMENT
ADJOURNMENT
NEXT SCHEDULED BOARD MEETING: April 9, 2008, 5:30p.m.

Notice topersons with disabilities: 

## If you have a disability andrequire special assistance toparticipate in this process, please call 311 (Voice) andspecialassistance will be made available toyou to receive anypublic meeting documents, including agendas andminutes. TTYusers 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

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 16 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.

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 17 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

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 18 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

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS 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

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS 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.

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS 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

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS 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,

## 505-243-5018 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

## 505-243-5018 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.

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS 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

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS 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

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS 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 

## 1 

## 5 admltI1)- 26:2 AnnoUnCell)- 7:4 baseline 11J

- 6: 17 admitted (3J

- 4:6, annual 121- 15:9, basis 11)- 6:20 4:13,26:15 19:24 BEI'J-1:14 1[4J

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1/2[IJ

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- 25:20 behestl2J

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- BERNALILLO [2]

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## 6 adoption II]

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- 22:5 10:11,10:15,10:16, 1411)-14:25 6:15[,)

- 26:20 aegis [I]

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- 10:24,10:25,18:25 15[2J-11:13,11:14 

### 7 affected [2]- 19:20, 17:12,18:16,18:22, baltar[2J

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- 5: 19, 5:6,5:13,6:3,6:8,

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. 5:21, 5:23, 7:2, 7:4, 9:2,9:11,11:1,16:1, 11:3,12:14,13:16 8710212)- 2:9,2:17 10:9,10:25,12:11, 7:6,7:6,7:14,7:18, 16:5, 16:7, 16:17,

20.11.41.1811]- 13:11,14:2,14:4, 7:21, 7:23, 7:25 18:22,20:8,20:11, 11:22 

## 9 14:8,14:16,14:18, areas [5)- 8:18; 21 :19,22:4,25:25

20.11.41.20,')-11:6 17:3,24:6 20:13,20:.15,20:21, board 14)- 3:14, 20.11.4213)-10:20, alrll.)- 3:12, 4:23, 21:2 3:15, 3:16, 3:17 12:14, 13:16 911)-7:23 6:8,6:12,6:19,6:23, arosa (1J

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20.2.7311]- 9:9 ablell)- 22:6 ALBUQUERQUE [2J associated 11)- 15:14,26:2 20.2.8711J

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## 3 17:22, 22:14, 23:15, ALBUQUERQUE- Authorlty(3J -10:19, 24:22,25:1,25:13, BERNALILLO ,,)-1:1 11:3,11:4 Canadian 11)- 10:2 25:17 Albuquerquel authorltyI1)-6:11 capltalll)-18:23 3 (2)- 7:17,7:21 Carll]

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ADELIAll)- 2:10 analyzel1J

- 8:19 10:3,22:13 CCRll)- 27:18

-

### ACCS, RE: 20.11.47, 

### 3/12108 

### 2

Center(3J -1:18, 7:18, 16:17, 16:18, contaminated (1] - definitions I')

- double 11]- 23:9 3:5,5:23 16:21,17:1,17:2, 14:23 19:14 double-check I')

-

certain (2)

- 22:23, 17:3, 17:4, 18:6, content II)

- 20:20 degree [3J

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- 6:20 downs 11) -13:2

certification (2) • 22:2.22:8,26:18 20:14,21:3,21:6. degrees 11]- 6:21 downtime II} -13:2 17:15, 17:17 Comments I')

- 7:22 21:16 Delchmann 15] • DR I')

- 20:10,20:19,

certify II)

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- 3:19,16:9, 16:16, 21:1,21:15 CFR 121- 8:6, 13:9 20:12 13:23,20:12,21:5 18:21,22:3 Dr12)

- 3:19,20:9 Chairman 16)

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Chambers 12) -1:17, complained II]

- CONTROL [I]

- 1: 1 19:12,19:17,20:5, during (6)

- 4:7, 13:1, 3:4 18:2 control 16)

- 11 :19, 20:17 14:24,16:5,22:7,

change 15)

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- 7:2 12:8 15:8

changes II)

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- 24:4 DEPARTMENT 11)

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## E characterize (1)- comply 11J

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chief II)

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CITY 12)

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City's 11)

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- 22:12 detailed (I)

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clarified II]

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clsan II)

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- 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

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- deta [7J

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CO II)

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- 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

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- 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, Important12)

- 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

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- 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)

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- 4:20, IncorporaUon [']- 7:6,7:17

establish (2]

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- 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 minor121

- 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 MARIA 1')- 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, mostly121

- 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

13:2 standard 1')- 20:25 25:17 tuml')-6:1,14:1,**wltnesses~)** - 5:10, slgnI2,-17:21. standardize 1')- Sun 1')- 3:20 24:12 16:8 21:22 8:13 supervisor (1) Twlnl')-18:1 wondering I'J

-

slgn-ln 1')- 21 :22 standards I'J

- 10:8 14:13 two [7J

- 4:21, 7:15, 22:25 signed 11J

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- 3:22 SIPI4J- 3:12, 6:8, start(2)- 3:1,13:1 12:20 typically 12)- 24:24, wrIUng{'J-11:10 6:13,16:4 start-ups 1,,-13:1 swearl,)-15:11 25:4

site (2)- 7:6, 24: 11 startupl')-11:12, swlngl')- 26:11 

## y slles 1,)-14:23 11:13,11:14 swom [7J

- 4:5,4:7, 

### U six I'J

- 6:18 state 12)

- 6:25, 9:20 5:10,15:12,15:22, year l')-12:17, slzeJ2J -12:21. Slate 111]- 3:12, 15:24,22:1 12:22 5:23,6:7,9:1,9:4, U.SJ2J

- 6:6, 10:1 22:15,25:2

sklpl,)-12:2 9:24, 14:17, 22:18. 

## T Under I'J

- 11 :6, years[7J

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smelters 1')- 13:8 State's 12)- 9:16, target 121

- 21 :8, 10:8,11:3,11:22, years'I')- 14:21 soclall')- 4:22 10:3 21:11 17:15, 18:22, 19:14 solicit I')

- 7: 16 stales 14)

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- 25:5, 25:6,

source 120J

- 8: 18, staUonary 1'0)- technology (I)

- 25:14,26:16 10:14,10:16,10:21, 10:16,11:9,13:15, 11:18 updated 11)-11:16 11:9,11:12,11:14, 14:20, 18:24, 19:3, ten (2J

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- 13:6 18:25, 19:3, 19:4, statute II)

- 22:25 tesOOed 11)- 5:9 19:15,24:25 Stephanie 1')- 15:3 tesUmony 1')- 4:5, 

## V

Source I')

- 10:22 Steven I'J

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- 8:11, stili 1')- 16:2 14:10,15:17,15:20 value I'J

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- 17:5 sourcesl")- 4:23, strstegy 1')- 21 :7, three 12)

- 14:18, versus 11J

- 24:22 8:5,10:23,11:6, 21:13,26:12 24:8 via 11J

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SOx 1')- 12:23 10:10 17:23 vlolaUng I')

- 20:25 speclall')- 15:9 submlt(2J

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- tonight's I')

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spec;lated 11)- 13:4 12:16,22:9,23:10 5:15,7:1,7:3,16:1 VOCs 12)

- 12:25, spec;lflc 14)- 8:17, submitting 121

- tons (21

- 22:23, 23:4 13:25 8:18, 11 :24, 21:4 10:8, 13:8 total (21

- 12:20, volatile 1')- 12:24

spec;lflcally 11)- Subpart 121

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- 3:16 19:15 13:9

speclfledl,)-12:18 subsection 1')- 12:5 Townsend I')

- 3:22 spoken 11)-18:4 subsequently 1')- Townsend's {ll • 

## W SSI'J -27:2 9:12 3:24 staff(51

- 5:8, 6:5, subatantlve 1')- trackl')- 24:15 webl')- 7:6 14:2,23:11,24:6 5:22 TRANSCRIPT 1'(- welghtl')- 4:17

staff's I'J

- 5: 17 sufficient 1')- 11 :21 1:10 welcome{,) -18:13 stakeholder (')

- suggested 1,)-19:4 transcript 1'1- 3:23, welfare I'J

- 4:20 7:15,17:5,17:9, sulfu'l')- 12:23, 3:25,27:9 Western 1,)-10:1 18:12,22:7 13:7,13:22 trledl')- 26:10 western 1,)-10:1 stakeholders I'J

- Summers 1')- 15:3, true 11)- 27:9 WHITE 1')- 2:6 7:12,7:16,7:22, 14:6, 1519,16:11 try 1')- 8:23 wish 11J

- 5:3 26:10 SUMMERS I'OJ

- 

## , trying 16)- 17:23, wish";' II]

- 3:23 i

Stakeholders 1'1- 15:21,17:1,17:8, I 20:4,21:9,21:13, Witness 1') -15:12, 7:20 16:10,18:19,23:13, 23:17,26:6 15:24,22:1

stand 1,)-15:13 23:20,23:25,25:12, TSP 1')- 12:20 witness I'J

- 5:9 

### 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)

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## 2 5:23 BY (1)- 2:7 DEPARTMENTI1J

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## C Department PJ

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### KATHY TOWNSEND COURT REPORTERS 

### 505-243-5018

### AQCS MEETING, 3/12/08 

### 2

4:22 Minutes [1[- 3:16 

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### KATHY TOWNSEND COURT REPORTERS 505-243-5018