# Bill Richardson Governor 

# State 

# ofNew 

# Mexico Officeofthe Governor

December 1,2003

MayorRichard Greene Regional Administrator U.S. EnvironmentalProtectionAgency, Region 6 1445 RossAvenue Dallas, TX 75202-2733

Dear Mayor Greene: On behalf ofthe New MexicoEnvironment Department (NMED), 

# I am pleased to submitto the U.S. Environmental Protection Agency (EPA) the enclosed 

# Revision to the New Mexico State Implementation Planfor Regional Haze (SIP revision) and related new and revised air quality regulations. These documentswere compiledin accordance with Title 40 of the Code ofFederal Regulations,Part 51, Section 309, commonlyreferred to as Section 309 ofthe federal Regional Haze Rule. The New Mexico Environmental ~m~rovement Board adopted ihe SIP revision and the associatednew and revisedregulations athearings on November 18and 19,2003. The enclosed SIP revision is New Mexico's first step toward remedying regional haze, created by visibility-impairing air pollution originating at a variety of sources over a broad geographic area. The visibility protection recommendations of the Grand Canyon Visibility Transport Commission (GCVTC) will be implemented by New Mexico through the SIP revision, which addresses visibility impairment at mandatory federal Class 

# I areas on the Colorado Plateau, including San Pedro Parks Wilderness Area in New Mexico. Additionally, the SIP revision makes itpossible forNew Mexico to continueitsregional approach to aregional airquality issue through collaboration with other western states and tribes in the GCVTC's successor organization, the Western Regional

# AirPartnership. Accompanying the SIP revision are two new regulations and two revised regulations that are being added to the New Mexico Administrative Code (NMAC). The two new regulations are Smoke Management (20.2.65 

# NMAC) and the Western Backstop Sulfur Dioxide Trading Program (20.2.81

# NMAC). Section 309 of the federal Regional Haze Rule requires both new regulations and the revisions that were made to Notice of Intent and Emissions Inventory Requirements(20.2.73 NMAC).

State Capitol Room400 SantaFe,NewMexico 87501 505-827-3000 mgovernor.state.nm.us

# Mayor &chard Greene U.S.EnvironmentalProtectionAgency December 1,2003 Page

# 2

Revisionswere also made to New Mexico's Open Burning regulation (20.2.60NMAC) because that regulation's requirements dovetail with the requirements of the new Smoke Management regulation. Althoughnot a part of theRegional Haze SIPrequirements under 40 CFR 51.309,the Open Burning regulation is a part of New Mexico's 

# SIP and has been since it was initially adoptedin 1969. In addition to the SIP revision and new and revised regulations, complete records of the SIP revision hearing andregulatory hearings are enclosedforyour review. The State of New Mexico looks forward to EPA's approval of the State ImplementationPlan revisions and your continued support for our efforts to protect visibility in New Mexico's National Parks and Wilderness Areas. If you have any questions regarding the 

# SIP revision or the new orrevised regulations, please contact Sandra Ely, ChiefofNMED's Air QualityBureau, at (505) 955-8091. 

# S7B2 4-

BillRichardson GovernorofNew Mexico

Enclosures: A. Revision to the New Mexico StateImplementation Plan for~e~iond Haze 

# B. Regulatory text andNMAC TransmittalForms for 20.2.60 NMAC, Open Burning 20.2.65NMAC, SmokeManagement -. 

# 20.2.73 NMAC, Notice ofIntentand Emissions Inventory Requirements 20.2.81 

# NMAC, WesternBackstop 

# SulfurDioxide Trading Program :, ~3 

### ;.< 

# #,< C. CopiesofPublic Notices of the Hearingsand Affidavits of Publication

. ..r3 

## 4 

# D. Copies of Notices ofIntentto Testify atthe Hearings '.?.., <72 .Ti



### . .,,-. 

# E.Transcripts and ExhibitsfortheHearings . C? ' 

## c.;> 

## .~.

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# cc: CarlEdlund, EPA Region 

# 6 Tom Diggs,EPARegion 6 DavidNeleigh, EPARegion 6 JoeKordzi,EPARegion6 

# Ron Curry, NMED, Cabinet Secretary Sandra Ely,NMED, Air Quality Bureau ~., , 

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# NMACTRANSMTlTAL FORM 1.24.10 NMAC 

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## P.O. 

## Box 

## 26110 1190 St. Francis Drive, Santa 

## Fe, 

## New Mexico 

## 87502

New Amendment Renumber 

# 0 Repeal Emergency 

# n



# I--

No 

## x Yes Title 

## 20

Reference

# / Internet

## site Pleaselistattachmenk andInternet

### site&) if applicable 

### 2 Chapter 

# 1 part 

## 2 165

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# 0

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## Gay Dillingham Check if

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## TITLE 20 ENVIRONMENTAL PROTECTION CHAPTER 2 AIR QUALITY (STATEWIDE) PART 65 SMOKEMANAGEMENT

20.2.65.1 ISSUING AGENCY: Environmental Improvement Board. [20.2.65.1 NMAC - 

## N, 12/31/03] 

## 20.2.65.2 SCOPE: All geographic areas within the jurisdiction of the environmental improvement board. [20.2.65.2 NMAC 

# - N, 12/31/03] 

## 20.2.65.3 STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Subsection74- 1-8(A) (4) and Air Quality Control Act, NMSA 1978, Sections 74-2-1 to -22,including specifically, Subsections 74- 2-5(A), (B) and (C). [20.2.65.3NMAC 

# - N, 12/31/03] 

## 20.2.65.4 DURATION: Permanent. [20.2.65.4 NMAC - 

## N, 12/31/03] 

## 20.2.65.5 EFFECTIVE DATE: December 31, 2003, except where a later date is cited at the end of a section. [20.2.65.5 NMAC 

# - N, 12/31/03] [Thelatest effective date of any section inthis part is December 31, 2003.1 

## 20.2.65.6 OBJECTIVE: The objective ofthis part is to manage the air quality impacts of smoke from all sources offire. This part doesnot preempt any more stringent controls onburning provided in: 

## A. any other New Mexico statute or regulation or any local law, ordinance or regulation; or J1 

## B. any lawfully issued restriction onburning such as may be issued for wildfire prevention. [20.2.65.6NMAC 

# - N, 12/31/03] 

## 20.2.65.7 DEFINITIONS: In addition to the terms defined in 20.2.2 NMAC (definitions), as used inthis part: 

## A. "alternatives to burning" means treatments employing manual, mechanical, chemical, or biological methods to manage vegetation or fuel loads or land management practices that treat vegetation (fuel) without using fire; a treatment or practice may onlybe considered an alternative ifit has successfully been used to take the place offire for at least three years; 

## B. "burn project" means, in prescribed burning or in wildland fire use, abum on an area that is contiguous and is being treated or managed for the same land management objectives; 

## C. "burner"means thatperson who is responsible for a prescribed fire project that is regulated under this part; 

## D. "class

## I area" means all international parks, national wilderness areasthat exceed 5,000 acres in area, national memorial parks that exceed 5,000 acres in area, and national park areas that exceed 6,000 acres in area and that existed onthe date of enactment ofthe Clean Air Act amendments of 1977;the extent ofthe areas designated as class I shall conformto any changes inthe boundaries of such areas that occurred subsequent to the date of the enactment ofthe Clean Air Act amendments of 1977 or 1990; 

## E. "emission reduction technique" means a strategy for controlling smoke fromprescribed fires that minimizes the amount of smoke output per unit of area treated or other objective unit of accomplishment; such strategy shall be used inconjunction with fire and shall not be a replacement for fire; for the purposes of this regulation, a technique used within three years of aburning operation is an emission reduction technique; if that same technique replaces fire for three years or more, the technique is considered an alternative to burning; 

## F. "non-attainment area" means an area which has been designated under section 107of the federal Clean Air Act asnonattainment for one or more ofthe national ambient air quality standardsby the federal environmental protection agency; +. 

## G. "part"means an air quality control regulation under Title 20, Chapter 2 ofthe New Mexico administrative code, unless otherwise noted, as adopted or amended by the board; 

## H. "pile"means vegetative materials that have been relocated either by hand or machinery and

20.2.65 NMAC

## heaped together; I. 

## "pile volume" means apile's gross volume, including the air spacebetween solid constituents, as calculated fromthe pile's overall dimensions and shape; 

## J. "population" means the total ofindividuals occupying anarea; locations for individuals within an area include,but are not limited to, open campgrounds, single family dwellings, hospitals, schools in use, villages, and open places ofemployment; 

## K. "prescribed fire" means any fire ignited by any person to meet specific land management objectives;for the purposes ofthis part, wildland fire use is considered prescribed fire; any fire ignited in an air curtain incinerator is not "prescribed fire" for purposes ofthis part; L. 

## "public notification" means anymethod that communicates burn information to the burners, air regulators, the local fire authority, and to the general public; M. "SMP I" 

## means bumprojects that emit less than one tonper day ofPM-10 emissions or burn less than 5,000cubic feet pile volume of vegetative material per day; N. "SMP 11" 

## means bumprojects that emit greater than or equal to one ton ofPM-10 emissions per day or greater than or equal to 5,000 cubic feetpile volume ofvegetative material per day; 0. 

## "vegetative material" means untreated wood and untreated wood products, including tree stumps (whole or chipped), trees, tree limbs (wholeor chipped), bark, sawdust, chips, scraps, slabs, millings, shavings, grass, grass clippings, leaves, conifer needles, bushes, shrubs, clippings frombushes and shrubs, and agricultural plant residue; P. 

## "ventilation category" means that adjective describing the ventilation index conditions in tern of excellent, very good, good, fair, and poor; 

# Q. "ventilation index" means an index that describes the potential for smoke or other pollutants to ventilate away fromtheir source; 

## R. "wildfire" means any unplanned, non-structural fire that occurs on wildland; S. 

## "wildland" means an area in which developmentis essentially non-existent, except for roads, railroads, power lines, and similar transportation facilities; structuresif any are widely scattered; T. 

## "wildland fire use" means the management of wildfire, which is naturally ignited (such asby lightning or volcanic eruption) fire, to accomplish specific pre-stated resource objectives 

## inpredefined geographic areas, alsoknown as fire use, wildfire use, prescribed natural fire, and fire for resource benefit. [20.2.65.7NMAC 

# -N, 12131/03] 

## 20.2.65.8 to 

## 20.2.65.99 [RESERVED] 

## 20.2.65.100 APPLICABILITY: A. 

## Thispart applies to all users ofprescribed fire that: 

## (1) exceeds ten acresin area or 1,000cubic feet ofpile volume per day ofvegetative material; or 

## (2) exceedsthe dailybum area or pile volume thresholds specified in Subsection A of20.2.60.1 11 NMAC (openburning). B. 

## This part also applies to bumprojects otherwise subject to 20.2.60NMAC (open burning) that users ofprescribed fire voluntary choose to register with the department under Subsection C of 20.2.65.102 NMAC or Subsection

## G of 20.2.65.103 NMAC. C. 

## In addition, portions of this part also apply to the land manager or owner ofproperty on which a wildfire occurs. [20.2.65.100 NMAC 

# - N, 12/31/03] 

## 20.2.65.101 MATERIALSALLOWED TO BE BURNED: 

## Onlyvegetative material shallbeburned, with the following exceptions. A. 

## Auxiliary fuel or incendiary devices may be used to ignite the burning authorized by this section, provided that: 

## (1) no oil heavier than no. 2 diesel shallbeused; and 

## (2) no more than the minimum amount ofauxiliary fuel necessary to complete the bum shallbe used. B. 

## Polyethylene sheeting may be burned with the vegetative materials, provided that: 

## (1) the sheetinghas been covering piled vegetativematerial for at least one monthprior to burning; 

## (2) the amount of sheeting burned is no more than the minimum necessary to cover thepile; 

## (3) removal ofthe sheeting before burning is impractical; and (4) 

## the burner is able to provide evidence, such aspurchase records orpackage labeling, that the

20.2.65 NMAC#- 

## sheeting ispolyethylene and not some other formofplastic. [20.2.65.10 1NMAC 

# -N, 12131/03] 20.2.65.102 REQUIREMENTS FOR 

## SMP I: For anybumproject oflessthan one ton ofPM-10 emissions per day orless than 5,000 cubic feetpile volume per day, all ofthe following requirements shall apply. A. 

## The bumer shallbum only under appropriate dispersion conditions. In order to accomplish this objective, the bumer shall follow one ofthe two optionsbelow. (1) Thebumer shall: (a) ignite bums only during the hours from one hour after sunrise until onehour before sunset; the bumer may apply for a waiver ofthis requirement in writing from the department no later than two weeks prior to the planned bumproject; the bumer shall document the reasons for waiver application on the appropriate form provided by the department; the department shall notify the burner no later than one weekprior to the planned bum project ofwhether the waiver is granted or denied;the department shallconsider such waiver requests ona case-bycasebasis; and (b) conduct bum projects at least 300 feet from any occupied dwelling, workplace, or place where people congregate, which is onproperty owned by, or under possessory control of, another person; the burner may apply for a waiver ofthis requirement in writing from the department no later than two weeks prior to the planned bumproject; the burner shall document the reasons for waiver application onthe appropriate form provided by the department; the department shall notify the burner no later than one weekprior to the planned bum project of whether the waiver is granted or denied; the department shall consider such waiver requests on a case-by-case basis; or (2) the bumer shall: (a) onlybum during times when the ventilation categoryis good orbetter; the bumer may apply for a waiver of this requirement in writing fromthe department no later than 10:OOa.m. onebusiness day prior to the planned bumproject; the bumer shalldocument the reasons for waiver application onthe appropriate form provided by the department;the department shall notify the burner no later than 3:00 p.m. onebusiness day prior to the planned bumproject of whether the waiver is granted or denied; the department shall consider such waiver requests on a case-by-case basis; and (b) conductvisual monitoring and shall documentthe results; the bumer shall maintain records ofthose results for a period ofone year; for any bum project planned tobe conducted within a one mile radius of a population, the department may require that the bumer notify the department nolater than two business daysprior to the planned bum project sothat the department may determine whether to conduct instrument monitoring in addition to visual monitoring conducted by the burner; the need for instrument monitoring shallbe determined by the department on a case-by-case basis. 

## B. The burner shall notify the local fire authority prior to igniting abum. C. The bumer shall register the bum project with the department on aregistration form provided by the department no later than 10:OO a.m. one business dayprior to the planned ignition ofthe bum project. The department shallprovide the bumer with aregistration number for the bumproject. Prior to igniting the bum project, if the bumer has not received the registration number, the bumer shall make a good faith effort to contact the department to obtain the registration number. For bum projects longer than seven days, the bumer shallnotify the department separately for each seven days ofburning to be conducted under that bumproject registration. The burner shall notbum more area or volume than the bumer has included in the notification orregistration. D. The bumer shall submit a completed bum project tracking formto the department on a tracking form provided by the department no later than two weeks following completion of the bumproject. E. For bumprojects conducted within a one-mile radius ofa population, the following requirements shall apply in addition to all other requirements in this section (20.2.65.102 NMAC): (1) the bumer shall conduct visual monitoring and documentthe results; and (2) the bumer shall conductpublic notification ofpopulations within a one-mile radius ofthe bum project no later than two days prior to, and no earlier than thirty days in advance of, igniting abumproject. F. 

## The burner shallmaintain all records of actions performed pursuant to the requirements of this section for a period of at least one year. [20.2.65.102 NMAC 

# -N, 12131/03]

A 

## 20.2.65.103 REQUIREMENTS FOR 

## SMP 11: 

## For anybum project with emissions greaterthan or equal to one ton ofPM-I0 emissionsper day or greater than or equal to 5,000 cubic feet pile volume per day, all ofthe following requirements shall apply.

20.2.65 NMAC

## A. 

## The burner shall review smoke management educational material suppliedby the department or complete an approved smoke management training program prior to initiating burning. 

## B. The burner shall consider alternatives to burning and shall documentthis consideration and rationale for not using alternatives onthe form provided by the department. C. The burner shallimplement at least one emission reduction technique and shall document this implementation on the forms providedby the department. The burner may apply for a waiver ofthis requirement in writing from the departmentno laterthan two weeks prior to the plannedbum project. The burner shall document the reasons forwaiver applicationonthe appropriate form provided by the department. Thedepartment shall notify the burner no later than 10:OOa.m. oneweekprior to the planned bum project of whether the waiver is granted or denied. The department shall consider such waiver requests on a case-by-case basis, taking into considerationthe criteria of efficiency, economics, law, emission reduction opportunities, land management objectives, and reduction of visibility impact. D. The burner shall only burn during times when the ventilation category is "good" or better. The burner may apply for a waiver ofthis requirement in writing from the department no later than 10:OOa.m. one business day prior to the planned bum. The burner shall document the reasons for waiver application onthe appropriate formprovided by the department. The department shallnotify the burner no later than 3:00p.m. one business day prior to the plannedbum ofwhether the waiver is granted or denied. The department shall consider suchwaiver requests on a case-by-case basis. E. The burner shall conduct visual monitoring and shall document the results. 

## F. The burner shallnotify the local fire authority prior to igniting abum. 

## G. The burner shall register abumproject with the departmenton forms provided by the department no later than two weeksprior to planned ignition ofthe bum. H. The burner shall notify the department ofthe intent tobum on a specific date no later than 10:OO a.m.one business day prior to theplanned burn project. The notificationmay be made forup to a seven-day advance period. The department shall notify theburner ofthe receipt ofthe notification by 1 1 :00a.m. If the department has not notified the burnerby 11:OOa.m.,the burner shall make a good faith effort to contact the department to verify that the department received the notification prior to ignitingthe bum. The burner shall notbum more area or volume than theburner has includedin the notification. The department shall notify the burner no later than 3:00 p.m. onebusiness day prior to the bum project if a modification ofthe bum is required. 

## I. Theburner shall complete and submitto the department on a formprovided by the department a fire activity tracking form no later than two weeks following the end ofthebumproject. J. 

## For bumsplanned to be conducted with the windblowing toward apopulation, or within a fifteen mile radius ofapopulation if wind direction is not considered, the following requirements shall apply in 

## additionto all other requirements in this section (20.2.65.103 NMAC). (1) The departmentmayrequire that the burner notify the department no later than two business days prior to the planned burn so that the departmentmay determine whetherto conduct instrument monitoring in addition to visual monitoring conducted by the burner. The need for instrument monitoring shallbe determinedby the department on a case-by-case basis; and (2) The burner shall conduct public notification no laterthan two days prior to, and no sooner than thirty days in advance of, igniting aburn. 

## K. The burner shall maintain all records of actions performed pursuant to the requirements of this section for aperiod of at least one year. [20.2.65.103NMAC 

# -N, 121311031 20.2.65.104 WILDLAND

## FIRE USE: For wildland fireuse exceeding ten acres in area, the following requirements shall apply. A. 

## The burner shall register a bum project with the department on forms provided by the department no later than one business day following the decisiontomanage a wildland fire use burn. The burner shall notify the department dailyby 10:OO a.m. ofthe status of the bum. B. Theburner shallnotify the appropriate authoritiesofthe decision to manage awildland fireuse bum. Forbums within a fifteen mile radius of apopulation, the burner shall conduct public notification no later than one calendar day of the decision to manage thebum as a wildland fire use. C. Theburner shall conduct visual monitoring and shall document the results. D. Theburner shall complete and submitto the department a fire activity tracking form no later than two weeks following the end of thebum project. 

# - E. Theburner shall maintain all records of actions performed pursuant to the requirements of this

20.2.65

## NMAC..A 

## section for a period of at least one year. [20.2.65.104 NMAC 

# - N, 12131/03] 20.2.65.105 WILDFIRE UNDER SUPPRESSION: The land manager or owner ofproperty on which a wildfire exceeding 100acres in area occurs shall complete and submit to the department a fire activity tracking form no later than six weeks orby November 1 

## of that year, whichever is earlier, following the cessation of fire fighting activities on the wildfire. [20.2.65.105 NMAC - 

## N, 12/31/03] HISTORY OF20.2.65 NMAC: Pre-NMAC History: None. History of Repealed Material: [RESERVED] Other History: [RESERVED]

20.2.65 NMAC

# New Mexico Commission ofPublic Records Administrative Law Division 1205Camino CarlosRey 

# SantaFe,

# NM 87507 505-476-7907 

# Affidavit ofPublication 

# in the New

# MexicoRegister I certify that the agencynoted below has published legal notices orrules in the New Mexico Register, and that payment has been assessed by invoice for said legal notice or publication, which appeared onthe date and in the volume and issue number noted below. Date ofPublication: 

# 12/15/2003 Agency: Volume: 

# XIV Issue # : 

# 23 Invoice # 

## : 

# NMR-2004- 154 Amount: 

# $897.00 Description: New Rule New Rule Amendment 

## 20.2.65 NMAC 

## 20.2.81 NMAC 20.2.73NMAC 

# NM Envir. Dept 

# - Air Qua1Bureau Contact: Rita Trujillo 2044 Galisteo SantaFe,NM 87505-

Smoke Management Western Backstop Sulfur Dioxide Trading Program Notice ofIntent and Emissions Inventory Requireme



# Date: 1211512003 

# Register

New Mexico Commission of Public Records 

# Notice to Publishing Agency Enclosed are your agency's proof copies ofthe legal notices or rules which were published in the New

*"4 

# Mexico Register. These document the fact that your Notice of Rulemaking, Proposed Rule, or Adopted Rule has been published in the New Mexico Register. Form SRC-2002-04

# compliance activities for the Air QualityBiireau. She has been 

# in tFLs pcsition since September 2001. Since 1992,Ms. McElroy has worked 

# in the Environment Department as an 

# environmental scientist in the Radiation Section oftheh'azardous and Radioactive Materials Bureau, an inspector in the Occupational Safety and Health Bureau, Program Manager ofthe Consultation/Technical Services section ofOSHB, acting manager for the Office ofPollution Prevention, and Section Chief for the Air Quality Bureau. Ms.McElroyholds aBachelor of ScienceDegeefromthe College ofTechnology, University ofHouston and graduated'as a Radiologic Technologist from theUniversity ofTexas, Health Science Center at Houston. She worked as aRadiographer at hospitals in the TexasMedical Center for 

# 7years and was an Assistant Professor for the School ofAllied Health Sciencesin Houston for 5years before moving to New Mexico. MawUhl: Ms. 

# Uhl is theManager ofthe

# Planning and Policy Section and has been with theAir Quality Bureau since 1992, starting as an Environmental Engineering Specialist doing computer-bzsed air dispersion modelingin support ofpennit issuance, regulation development a~d enforcement actions. 

# In 1994, shewas promoted to be themanager of the modeling section, and held that position until shewas promoted to be manager ofthePlanning and Policy Section in 2001. During her tenure with theBureau, Ms. Uhl has completed over 500 dispersion . 

# modeling analyses for air pollution facilities in the state, developed a comprehensive New Mexico Air Dispersion Modeling Guideline, performed modeling for streamline and general permit development and other regl~tions, testified as an expertwitness in the area ofair dispersion modeling in several court cases and many public hearings, and published and presented apeer-reviewed techcalarticle discussing the conversion ofoxides ofnitrogen to

NOTICE 

## OF INTENT 

# - PAGE2

# - nitrogen dioxide at the hiialAir 

# md '?v7asteMa~agen;e;;t AsscciztJonrneetiqgs. 

# Mayis 

# a cochair of the 

# WRAP modeling forum and the WESTAR Technical Committee. Sheis theproject

manager for theFarmington Ozone Study and the Conales Air Toxics Study. Ms. 

# Uhl received her B.S. with amath and chemistry major from PurdueUniversity 

# in 1'987. 

# In 1989,Ms.,Uhl completed her M.S. degree in Atmospheric Sciences at Purdue University. 3. Whether the Division supportsor opposes the proposed revisions. The Division supports theproposed replations and revisions. 4. 

# Summarv of testimony. The Division estimates that Ms. Ely's testimony will take 

# 10minutes. Her direct testimony is attached hereto as Exhibit 

# 2. Ms. Trujillo's testimony will take approximately 60 minutes. Her direct testimony is attachedhereto as Exhibit 4. 

# Ms. McElroy and Ms. Uhl will not

.-. 

# przsent direct testimony, but will be availableto answer questions regardingthe enforcement of theproposed replation and dispersion modeling. 5. 

# A 

# list and description of anticipated exhibits. EXHIBIT NUMBER TITLE OF EXHIBIT NMED Exhibit 

# 1 NMED Exhbit

# 2 NMED Exhibit 3 NMED Exhibit 4 

# N-WED Exhbit 

# 5 NMED Exhibit 6 NMED Exhibit 7 Proposed 

# 20.2.65NMAC Direct Testimonyof SandraEly List of SmokeManagement Stakeholders Direct Testimony of Rita Trujillo TableofRequirements Airshed Boundaries Criteria for Ventilation CategoryWaivers

NOTICE OF INTENT

# - PAGE 3

# This Notice ofIntent to Present Technical Testimony is based onthe Division's petition. The Division reserves the right to call anyperson to testify and to present any exhibit inresponse to another notice ofintent orpublic comment filed in this matter or to anytestimony or exhibit offered at thepublichearing. TheDivision also reserves the right to call any person as arebuttal witness and to present any exhibit in support thereof.

Respectfully submitted, 

# I NEW MEXICO ENVIRONMENT DEPARTMENT OFFICE OF GENERAL COUNSEL

Tracy Hughes Office of General Counsel New Mexico Environment Department 11 90 

# St.Francis Drive SantaFe,New Mexico 87502-6110 

# Telephone (505) 827-6891 

# Facsimile (505) 827- 1628

NOTICE OF INTENT

# - PAGE 4

## TheZe-,itrze~t prepcses 

## &z! &eRod edopt 20,2.65NMAC 

## asa new regulation. TITLE 20 ENVIRONMENTAL PROTECTION CYMTER2 

# AIR QUALITY (STATEWLDE) PART65 SMOKE MANAGEMENT

20.2.65.1 ISSUINGAGENCY: Environmental Improvement Board. [xx/xx/04] 20.2.65.2 SCOPE: All geographic areas within thejurisdiction ofthe Environmental Improvement Board. [xxixx/04] 20.2.65.3 STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, subsection 74-1

# - 8(A) (4) and Air Quality Control Act, NMSA 1978, sections 74-2-1 to -22, including specifically, subsections 74-2- 5(A), 

## (B) and (C). [=Jx,$Q41

.I I , 

## DURATION: Permanent. 

# I 20.2.65.4 [xx/xx/04] 20.2.65.5 EFFECTIVE DATE: (Month) (day), 2004,jexcept where a later date is cited at the end of a section. [xX/xx/O4] [The latest effective date of any section in this part isxx/xx/04.] 20.2.65.6 OBJECTIVE: The objective ofthispart is to manage the air quality impacts of smoke from all sources of fire. Thispart doesnot preempt any more stringent controls onburning provided in: A. any other New Mexico statute or regulation or any local law, ordinance orregulation; or B. anylawfully issued restriction on burning such as may be issued for wildfire prevention. [xuix?d04] 20.2.65.7 DEFINITIONS: In addition to the terms defined in 20.2.2 NMAC (Definitions): as used in this part: A. "Alternatives to burning" means treatments employing manual: mechanical, chemical, or biological methods to manage vegetation or fuel loads or land management practices that treat vegetation (fuel) without using fire. A treatment or practice may onlybe considered an alternative if it has successfillybeen used to take the place of fire for at least three years. B. "Burn project" means, 

## inprescribed burning or 

## in wildland fire use, aburn on an 

## area that is contiguous and is being treated ormanaged for the same land management objectives. C. "Burner" means that person who is responsible for a prescribed fire project that is regulated under this part. 

## D. "Class I area" means all internationalparks, national wilderness areas that exceed 5>000 acres in area, national memorial parks that exceed 5,000 acres in area, and national park areas that exceed 6,000 acres in area and that existed on the date of enactment ofthe Clean

## Air Act Amendments of 1977. The extent ofthe areas designated asClassI shall conform to any changesin the boundaries of such areas that occurred subsequent to the date ofthe enactment ofthe Clean

## Air Act Amendments of 1977or 1990. E. "Emission reduction technique" means a strategy for controlling smoke from prescribed fires that minimizes the amount of smoke output perunit of area treated or other objective unit of accomplishment. Such strategy shall be used in conjunction with fire and shall not be areplacement for fire. For the purposes ofthis regulation, a technique used within three years ofa burning operation is an 

## emission reduction technique. Ifthat same technique replaces fire for three years or more, the technique is considered an alternative to burning. F. "Non-attainmentarea"means an area which has been designated under section 107ofthe federal Clean Air

## Act as nonattainment for one or more ofthe national ambient air quality standardsby the federal environmentalprotection agency. 

# NMED Exhibit 1 20.2.65 NMAC [insertnew effective datehere]

## 6. 

## "?art" me.. 2k q~z]ity c.ontlolreg-~iation under Title 20: Chapter 2 ofthe New Mexico -4dministrativeCode, unless otherwise noted, as adopted or amendedbythe board. 

## H. "Pile" means vegetative matefials that have been relocated either by hand or machinery and heaped together. 

## 1. "Pile volume" means a pile's gross volume, including the air spacebetween solid constituents:as calculated from the pile's overall dimensions and shape. 

# J. "Population" means the total of individuals occupying an area. Locations for individuals wi* 

## an area include, but are not limited to, open campgrounds, single family dwellings, hospitals, schools in use: villages, and open places of employment. 

## K. "Prescribed fire" means any fueignited by any person to meet specific land management objectives. For the purposes ofthis part, wildland fire use is considered prescribed fre.Any fire ignited in an air curtain incinerator is not "prescribed fue" for purposes ofthis part. 

## L. "Public notification" means any method that communicatesbum information to the burners, air regulators, the local fueauthority, and to the generalpublic. 

## M. "SMP 

## I" means bumprojects that emit less than one ton per day ofPM-10 emissions or bum less than 5,000 cubic feet pile volume of vegetative material per day. 

# N. "SMP 

# II" means burn projects that emit greater than or equal to one ton ofPM-10 e'missionsper day or greater than or equal to 5,000 cubic feet pile volume of vegetative material per day. 

## 0. "Vegetative material" means untreated wood and untreated wood products, including tree stumps (wholeor chipped), trees, tree limbs (wholeor chipped), bark, sawdust. chips, scraps, slabs, millings, shavings, grass, grass c!ippings, leaves, conifer needles, bushes, shrubs, clippings from bushes and shrubs: and agricultural plant residue. P. "Ventilation category" means that adjective describing the ventilation index conditionsin terms of excellent,very good, good, fair, and poor. 

# Q- "Ventilation index" means an index that describes the potential for smoke or otherpollutants to ventilate away from their source. R. 

## "Wildfire" means any unplamed, non-structural fuethat occurs on wildland. 

## S. "Wildland" means an 

## area in which development is essentially non-existent, except for roads, railroads, power lines, and similartransportation facilities. Structures if any are widely scattered. 

## T. "Wildland fireuse" means the management ofwildfue, which is naturally ignited (such as by lightningorvolcanic eruption) fue: to accomplish specific pre-stated resource objectives 

## in predefined geographic areas, also known as fueuse, wildfue use: prescribed natural fue: and fuefor resource benefit. [xx/xx/04] 20.2.65.8 to 20.2.65.99 [RESERVED] 20.2.65.100 APPLICABILITY: A. 

## Thispart appliesto all users ofprescribed fuethat: (1) exceeds ten acres 

## in area or 1,000 cubic feet ofpile volume per day ofvegetative material; or (2) exceedsthe daily burn area orpile volumethresholds specified in subsection A of 20.2.60.111NMAC (OpenBurning). 

## B. Thispart also applies tobumprojects otherwise subjectto 20.2.60NMAC (Open Burning)that users ofprescribed fuevoluntary choose to register with the department under subsection C of 20.2.65.102 NMAC or subsection G 

## of 20.2.65.103 NMAC. C. In addition, portions ofthis part also apply to the land manager or owner ofproperty on which a wildfire occurs. [xx/xx/04] 20.2.65.101 MATERL4LSALLOWEDTO

## BE BURNED: Only vegetative material shall be burned, with the following exceptions: A. 

## Auxiliary fuel or incendiary devices may be used to ignite the burning authorized by this section, provided that: (1) no oil heavier than No. 2 diesel shallbe used; and (2) no more than the minimum amount of auxiliary fuel necessary to complete the bum shall be used. 

## B. Polyethylene sheeting may be burned with the vegetative materials, provided that:

20.2.65NMAC [insert new effective date here] 2

## (1) the sheetinghasbee= c=vering piled -.:egetzfive mite-a! fclr 

## at

## least one month prior to burning; (2) the amount of sheeting burned is no more than the minimum necessary to cover the pile; 

## (3) removal of the sheeting before burning is impractical; and 

## (1) the burner is able to provide evidence, such aspurchase records or package labeling, that the sheeting is polyethylene and not some other form ofplastic. [xx/xx/04] 20.2.65.102 

## REQUIREMENTS FOR SMPI: For anybumproject ofless than one ton of PM-10 emissions per day orless than 5,000 cubic feet pile volume per day, all ofthe following requirements shall apply: 

## A. Theburner shall burn only under appropriate dispersion conditions. In order to accomplish this objective, the burner shall followone ofthe two optionsbelow: (1) Theburner shall: (a) ignite burns only during the hours from onehour after sunrise until one hour before sunset. Theburner may apply for a waiver of this requirement in writing fiomthe department no later than two weeks prior to the planned burn project. Theburner shall document the reasons for waiver application on the appropriateform provided bythe department. Thedepartment shall notify the burner no later than one week prior to the planned bum project pf whether the waiver is granted or denied. The department shall consider such waiver requests on a caseby-c&,<basis; and 

# \ (b) conductburn projects at least 300 feet from any occupied dwelling, workplace, orplace where people congregate, which is onproperty owned by, orunder possessory control of, another person. The burner may apply for a waiver ofthis requirement in writing fiom the department no later than two weeks prior to the planned bumproject. Theburner shall document the reasbqs for waiver application onthe appropriate form provided by the department. The department shall notify the burner no later than one week prior to the plmedbum project of whether the waiver is granted or denied. The department shall consider such waiver requests on 

## a caseby-case basis; or (2) Theburner shall: (a) onlybum during times when the ventilation category is good orbetter. Thebuiner may

..- 

## applyfor a waiver of this requirement in writing from the department no later than 10:OO a.m. one business day prior to theplanned bumproject. Theburner shall document the reasons for waiver application on the appropriate form provided by the department. The department shall notify the burner no later than 3:00 p.m. one business dayprior to the planned burn project ofwhether the waiver is granted or denied. The department shall consider such waiver requests ona case-by-case basis; and (b) conduct visual monitoring and shall document the results. Theburner shall maintain records of those results for a period of oneyear. For anyburn project planned to be conducted within a one mile radius of a population, the department may require that the burner notifythe department no later than two business days prior to the planned burn project so that the departmentmay determine whether to conduct instrument monitoring in addition to visual monitoring conducted by the burner. Theneed for instrument monitoring shall be deternined by the department on a case-by-case basis. 

## B. Theburner shall notify the local fire authority prior to igniting a burn. 

## C. Theburner shall register the bumproject with the department on a registration form provided by the department no later than 10:OO a.m. one business dayprior to theplanned ignition oftheburn project. The department shall provide the burner with a registration number for the bumproject. Prior to igniting the burn project, ifthe burner has not received the registration number, the burner shall make a good faith effort to contact the department to obtain the registration number. For burn projects longer than seven days,the bumer shall notify the department separately for each seven days ofburning to be conductedunder that bumproject registration. The burner shall notbum more area orvolume than the burner has included in the notification or registration. 

## D. Theburner shall submit a completed bumproject trachg formto the department on a tracking formprovided by the department no later than two weeks following completion ofthe bumproject. 

## E. For bumprojects conducted within a one-mile radius ofa populationt the following requirements shall apply in addition to all otherrequirements in this section (20.2.65.102): (1) the burner shall conduct visual monitoring and documentthe results; and (2) the burner shall conduct public notification ofpopulationswithin a one-mile radius ofthe bum project no laterthan two days prior to, and no earlier than hrty

## days in advance of, igniting abumproject. 

## F. Theburner shall maintain all records of actionsperformed pursuant to the requirements of this

.A 

## section for a period of at least oneyear. [xx/xX/O4]

[insert new effective date here]

## 20.2.65.103 

## REQUIREMENTS FOR SMP

# n: For any bumproject with emissions greater than or equal to one ton of PM-I 0 emissions per day orgreater than or equal to 5,000 cubic feetpile volumeper day, all ofthe following requirements shallapply: A. The burner shall review smoke management educational material suppliedby the department or complete an approved smokemanagement training program prior to initiating burning. 

## B. The burner shall consider alternativesto burning and shall document this consideration and

, 

## rationale for not using alternatives onthe form provided by the department. C. 

## The bumer shall implement at least one emission reduction technique and shall documentthis implementation on the formsprovided by the department. The burner may apply for a 

## waiver ofthis requirement in writing fromthe department no later thantwo weeks prior to the planned bum project. The burner shall document the reasons for waiver application onthe appropriate form provided by the department. The department shall notify the bumer no later than 10:OO a.m. one weekprior to theplanned bum project of whether the waiver is granted or denied. The department shall consider such waiver requests on a case-by-case basis, taking into consideration the criteria of efficiency, economics, law, emission reduction opportunities, land management objectives, and reduction of visibility impact. 

## D. The burner shallonly burn during times when the ventilation category is "good" or better. The burner may apply for a waiver of this requirement in writing fromthe department no later than 10:OOa.m. one business day prior to the planned bum. The bumer shall document the reasons for waiver application on the appropriate fonnprovided by the department. The department shall notify the bumer no later than 3:00 p.m. one business day prior to the planned bum ofwhether the waiver is granted or denied. The department shall consider such waiver requests on a case-by-case basis. 

# E. The burner shall conduct visual monitoring and shall document the results. 

## F. The burner shall notify the local fire authority prior to igniting aburn. 

## G. The burner shall register abumproject with the department on forms provided by the department no later than two weeks prior to planned ignition ofthe bum. 

## H. The burner shall notify the department ofthe intent to bum on a specific date no later than 10:OO a.m. onebusiness dayprior to the planned burn project. Thenotification maybe made for up to a seven-day ~dvance period. The department shall notify the burner ofthe receipt ofthe notification by 11:00a.m. Ifthe department has not notifiedthe bumer by 11:OO a.m., the bumer shall make agood faith effort to contact the department to verify that thedepartment received the notification prior to igniting the bum. Theburner shall not burn more area or volume than the burner has included in the notification. The department shall notify the burner no 

# 1 later than 3:00p.m. one business day prior to the bum project if amodification of the bum is required. 

## I. The burner shall complete and submitto the department on a form provided bythe department a fire activity tracking form no later than two weeks following the end ofthebumproject. J. For bums planned to be conducted with the wind blowing toward apopulation, or within afifteen mile radius of a population 

## ifwind direction is not considered, the following requirements shall apply in addition to all other requirements 

## inthis section (20.2.65.103 NMAC): (1) The department may require that theburnernotify the department no later than two business days prior to the plannedbum sothat the department may determine whether to conduct instrument monitoring in addition to visual monitoring conducted bythe burner. The need for instrument monitoring shall be determined by the department on a case-by-case basis; and (2) The burner shall conduct public notification no later than two days prior to, and no sooner than thnty

## days in advance of, igniting a bum. 

## K. The burner shall maintain all records of actions performed pursuant to the requirements ofthis section for aperiod of at least one year.

20.2.65.104 

## WILDLAND

## FIRE USE: For wildland fireuse exceeding ten acres in area, the following requirements shall apply: A. 

## Thebumer shall register a burn project with the department on forms provided by the department no later than onebusiness day following the decision to manage a wildland fire use bum. The burner shallnotify the department daily by 10:OOa.m. ofthe status of thebum.

20.2.65 NMAC [insertnew effective date here]

## 3. 

## Theh~er shall 

## ncff;r the qprop-are authorities ofthe decisionto manage a wildland freuse burn. For bumwithin a fiffeenmile radius of a population, the burner shall conduct public notification no larer than one calendar day of the decision to mafiage the burn as a wildland freuse. C. 

## The burner shall conduct visusl moniroring and shall document the results. 

## Id. Theburner shall complete and submit to the department a freactivity tracking form no later than two weeks following the end ofthe bunproject. 

## E. The burner shall maintain all records of acrions performed pursuant to the requirements'ofthis section for a period of at least one year. [xxlrod04] 20.2.55.105 

## WILDFIREUNDER SUPBRIESSION: The land manager or owner ofproperty on which a wildfire exceeding 100 acres in area occurs shall complete and submit to the department a fire activity tracking form no laterthan six weeks or by November 1ofthat year, whichever is earlier, following the cessation of fire fighting activities on the wildfire. [xx/xx/04]



## 20.2.65 NMAC [insert neweffective date here]

# STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD NMED

# Exhibit2



# PETITION FOR HEARING ON PROPOSED 20.2.65 NMAC SMOKE MANAGEMENT EIB 03-08B

DIRECT 'TESTIMONY OF SANDRA ELY I. 

# OVERVIEW The smoke management regulation meetsthe requirementsofthe federal regional haze rule for smoke management. The smoke management regulation becomes effective where the open burning regulation leavesoff; forfires greaterthan 10

# acres or 1,000

# cubic feet'of pile volume per day. Fires smaller than this are regulbted under the open burning regulation.

I: 

# II. STAKEHOLDER PROCESS I 

# The Air Quality Bureau convened a stakeholder process to develop a program for smoke management beginning in February 2003. 

# Two groups of stakeholders were organized;the representative review and inputteamwas organizedto reviewthe program and make recommendations. 'The working team was a smaller group that met often to developthetechnical and regulatory aspectsofthe program. Stakeholders included federal land managers, state agencies that deal with fire, agricultural representatives, ranchers, and public interest groups.A list of stakeholders is included as Exhibit 3. 

# Theworkingteam metfor I I days and held several conference calls in developing the program. The representative review and input team met three times and provided cornments on draft proposals several times. The program as developed represents a consensus product of the groups. In developing the program, the groups were guided by the principles of equity, reasonableness,and ability to implementthe program. The goal ofthe groupswasto base the program on the best available science, to make it clear, flexible, and easy to apply. Inaddition to these working and reviewteam meetings, Air Quality Bureau staff held public meetingsonthe smoke management programinClovis, LasCruces, SilverCity, and Santa Fe. Ill HEALTH EFFECTS OF FINE PAR'TICLILATE MATTER Although the proposed Smoke Management Plan (SMP) in our regional haze SIP addresses visibility, the provisions inthe SMP are also designed to addressthe public health impacts of smoke. Among the many pollutants in smoke, the one of greatest concern is particulate matterthat is less than 2.5 microns in size, also know as fine particulatesor PM2.5. Page 1

# of 2

# PM 

# 2.5 is very small; indeed it is about 1124ththe width of a human hair. Because of its size, it is easily inhaled intothe lungs which is why it is a health concern. EPA estimates that about 19 pounds of fine particulate is ernitted for every ton of fuel consumed in a mixed conifer broadcast burn. This equates to about 17tons for a hundred acre burn. When determining public health risk, we haveto look at the concentration of.fine particulate and not the total volume. During some of the recent wildfires monitors in New Mexico registered 24-hour concentrations of 24, 23, 20, and 17 micrograms per cubic meter. "Normal" 24-hour average concentrations are inthe 3 to 4 rrlicrograms per cubic meter range. The current federal 24-hour standard for fine particulate is 65 uglm3, which is designed to protect against short-term health effects. However, EPA recently announced they are considering loweringthe 24-hour fine particulate'matter standard to 30-50 uglm3 because adverse health affects are seen at levels lower than the current standard. California EPA's Office of Environmental Health Hazard Assessment recommends that a 24-hour standard of 25 ug/m3 be established inthat state. Cal EPA's thorough analysis of available research shows that there is no level at which adverse health effects do not occur, especially when considering sensitive populations !ike infants,the elderly and those with underlying heart and lung disease. The effects are linear (i.e. the greater the concentration, the greater the effect) and there is no clear threshold at which you do not see any effect from exposure to fine particulates. One of reasons Cal EPA chose the 25uglm3 is because this level is below reported levels consistently associated with adverse health effects. The adverse health effects associated with exposure to fine particulates include heart attacks, cardiac arrhythmias, heart rate variability, asthma, respiratory symptoms, changes in lungfunction and premature death. When permitting point sources, the NMED protects the public health by assuring that federal and state standards are not exceeded. If the source can't demonstrate compliance through computer modeling, we require them to install emission control equipment to lower emissions or they are not permittedto construct. This same approach is not reasonable for prescribed fire because there is no simple air dispersion modelthat can accurately predict concentrations. There are complex models that do simulate dispersion of fires with greater accuracy; however, these models are complex and time-consuming and cannot be used in a prognostic mode easily at this time. Instead,the Department is proposing that the burner utilizethe ventilation indexto determine whether conditions will assure adequate mixing and dilution of the smoke so that concentrations don't become a public health problem. New Mexicodoes not have its own ambient standard for fine particulates and we are obligated to ensure that thefederal standard is not exceeded. The public health impacts of fine particulate matter can be serious and it is important that all reasonable precautions be taken to limit unnecessary public exposure. The Department believes that utilizingthe ventilation index is a reasonable precaution.

Page 2 of 2

# NM Smoke Management Program Development Representative Review and Input TeamMembers Name Affiliation 

# Gilbert Archuleta Gretchen Barkmann* SherryBarrow John Bartlit* Bill Blankenship Lisa Bye* George Chavez* Hugh Church* David Coss Tye Curtis Tim Darden* Paul Diaz Don Fletcher* Andrew Frye Terrence Garcia Bill Gomez Howard Hutchinson Joe Kordzi John Kwait Hal Luedtke Bob Lineback JeromeMacDonald Mike Main JulieMaitland David,Martinez Ron Martinez Michelle J. Nolde DebbyPotter Tom Ribe* Fred Rossbach* David Salopek Linda Scheffe* Carl Stubbs* David Vackar* Dan Warren Neil Weber JeffWhitney Richard Woolley* State Fire Marshal's Office USDA Forest Service,New Mexico Forests SBSWood Shavings NM Citizens for Clean Air &

# Water Los Alarnos National Laboratory Bureau ofLand ManagementRJSDIFWSNational Park service Natural Resources Conservation Service American LungAssociation ofNew Mexico NM StateLand Office NM Seedsmen Association NM Department ofAgriculture Elephant Butte Inigation District NM Pecan Growers Association Private Industry Pueblo of SanIldefonso NMSU Cooperative Extension Service NMIAZ Coalition ofCountiesNM Farm Bureau US EPA Bureau ofLand Management Bureau ofIndian Affairs, Southwestern Region National Park Service USDA Forest Service, Southwestern Region USDI, Fish and Wildlife Service NM Department ofAgriculture US Forest Service Costilla Livestock Board City of SantaFey Fire Department USDA Forest Service, Southwestern Region Forest Guardians Forestry Division, Energy, Minerals &

# Natural Resources Department Salopek Farms/NM Pecan Growers Association Natural Resources Conservation Service NM Environment Department, Roswell District Ofice VemejoPark Ranch City ofAlbuquerque, Environmental Health Department Pueblo of SanIldefonso USDI, Fish and Wildlife Service National Park Service *Denotesmember of the SmokeManagementDevelopment Process Working Team

# STATE OF NEW MEXICO IVMEDExhibit4 ENVIRONMENTAL IMPROVEMENT BOARD PETI'TION FOR HEARING ON PROPOSED 20.2.65 NMAC SMOKE MANAGEMENT EIB03-08B

,



# DIRECT TESTIMONY OF RITA TRUJILLO 

# 1. COMMON PROVISIONS -Thesmoke management regulation outlines the requirements for burhersunder the smoke management program (SIVIP). The first seven sections of the regulation are those required bythe State Records Center regulations under 1.24.10 NMAC. Section 6 of the regulation states that the objective of the part is to managethe airquality impactsof smoke from all sources of fire. It also states that it does not preempt more stringent controls on burning that may be included in other laws, regulations or ordinances, and it does not preempt any legally issued restriction on burning. For example, the regulationwould not preempt any fire restriction issued for wildfire prevention reasons. Other restrictions not affected by this regulation are those issued for health reasons, such as the restriction recently issued in Albuquerque due to smoke impacts from the California fires. Section 

# 7 defines termsfor this regulation. Inaddition, common terms are defined in20.2.2 NMAC of the Air Quality Regulations. Section 100, Applicability, informs the reader of who is required to follow the regulation. All users of prescribedfirewho burn more than 10acres per day or 1,000cubic feet of pile volume perday are regulated under this part. Thistrackswith the open burning requirement that appliesto burnerswho burn less than 1 0 acres per day or lessthan 1,000 ' 

# cubic feet of pile volume and provides for a seamless transition from open burning to smoke management. Inaddition,thosewho burn lessthanthese amounts maychooseto follow.the requirements of this regulation ratherthan the open burning regulation(20.2.60 NMAC). Also, property owners or land managers of land on which a wildfire of over 100 acres occurs must comply with the reporting requirements of Section 105. Materials allowed to be burned underthis regulationare the subject of Section 101. Only vegetative material, the minimum amount of auxiliary fuel needed to ignite the burning, and polyethylene sheeting that has been used to cover the material prior to burning are allowedto be burned. Slashwhich has been allowed to dry after cutting burns more efficiently and produces less smoke and other pollutants than wet or green slash. Slash from logging or thinning operations can be cut and piled during periods when fire danger is high, and the piles are then capped with a sheet of polyethylene plastic held down by a layer of additional slash on top, with the sides of pile mostly uncovered so air Page 1of 5

# cancirc of piled snow. ulate. Twenty poundsof plastic sheeting issufficientto cover about 10,000 

# pounds slash. The piles are then left to cure for several months, protectedfrom rain and The piles can then be ignited during a period of low fire danger,' when the surrounding ground cover is still coveredwith snow or otherwise at a low risk of igniting. It is often impractical to remove the plastic before ignitingthe piles. Allowing the interior of the pile to dry before burning results ina hotter fire with more complete combustion and reduced emissions of pollutants, and burning when the surrounding material is snowcovered or damp reduces the risk of wildfire. Polyethylene consists of carbon and hydrogen atoms, so the products of complete combustion are carbon dioxide and water vapor. Since it does not contain chlorine, burning it does not produce the chlorinated hydrocarbons such as PCBsor dioxin, which are of such great concern when some other types of plastic are burned. Given that the amount of plastic isvery small relative to the amount of slash, we believe that the net effect is a significant reduction in emissions of criteria, pollutants and toxic air pollutants.

,I 1 , 

# \ 

# II. PROVISIONSFOR LARGEAND 

# SMALL BURNS Sections 102and 103ofthe proposed regulstion out,linerequirementsthat applyto small burns and other burns, respectively. Small blurns fallwithin SMP Iand other burns are within SNIP II. Exhibit 5 is a tsble that outlines the requirementsfor 

# SMP Iand 

# II. 

# A. SMPI Section 

# 102 outlines the requirements for burners who are subject to the requirements of this regulation, butare producing lessthan onetonof PM10emissions per day. It isexpected thatthese burnswould producefewer impacts than larger burns. This is referredto as SMP I. ForSMP I level burns, burners are requiredto burnonlyfrom one hour after sunrise to one hour before sunset and to burn at least 300 feet from places where other people live or gather. If burners would prefer, they can choose to use ventilation category and conduct visual monitoring instead ofthetime ofday and location restrictions. For these burns, burners must only burn during times when the ventilation category is good or better. SMP 1 burners must notifythe local fire authority prior to igniting a burn. The local fire authority isgenerally a pointof contactforthe public tofind out moreabout a particular burn inthe vicinity. This allows thefire authority to give out information about the burnto the public ifthey are called about a specific burn project. Burners are required to register their burn project with the Department at least one b~jsiness day prior to burning. Each registration is good for seven days of burning; the burner must re-notifythe Department if the burn will continue longerthan sevendays. This allows the Department to track the number and size of burn projects in New Mexico airsheds (see Exhibit 6). 

# Airshed boundaries have beenset as hydrographic boundaries

Page 2 

# of 5

# for the purposeofthis program. Burfieisare precludedfrom burning morethan is included inthe registration or notification. SNIP 

# I burners are required to submit a tracking form to the Department no later thantwo weeks aftercompletingthe burn project. These trackingformswill be usedbythe Department to evaluate emissions from burning in New Mexico and to develop an annual emissions goal for the following year, as required by the federal regional haze rule. For burns that are to be conducted within a one mile radius of a population, SMP I burners are also required to conduct and document visual monitoringand to conduct public notification of those populations. Population is definedasthetotalof individuals occupying anarea. For example, ifthe population is a single residence withintheone mile radius,the burner could simply telephone or mail a noticeto that residence. For larger populations, othgrforms of public notice would be acceptabie, such as a notice posted in a general storeor postoffice, or a newspaper ad. Public notice must be\conductedat least two days prior to, but not sooner than 30 days priorto, the ignitingof the burn. The burner must maintain all records reqvired underSection 102for a period of at least one calendar year. 

# B. SMP 

# II The SNlP II requirements contained inSection 103applyto all burns with emissions of one ton or more of PMIO per day, or for those pile burns with a volume of 5,000 cubic feet or more per day, which is roughly equivalent to oneton of PMIO emissions. There are more stringent requirements for these burns. Burnersare required to review educational materials supplied by the Department or complete an approved smoke management training prior to burning. The burner must consider the useof alternatives to burning and docl~ment the reasons for not using analternative onthe registration form for the burn. At least one err~ission reduction technique must be implemented. Examples of emission reduction techniques described inguidance materialavailable to burners include burning in piles rather than broadcast burning, burning dry material ratherthan green material, and grazing a field of wheat stubble prior to burning. A waiver for this requirement may be obtained on a case-by-case basis; the burner must provide the Department with justification for a waiver. -The Department will work with the burner to identify potential emission reduction techniques for specific burns. If none are available or practicable,the Department would likely grant the waiver. Burners under SMP II are required to burn only when the ventilation category is good or better. With the assistance of stakeholders, the Department has developed guidance for burnersto determine the ventilation category for a specific burn. Methods include usingthefireweather forecast up totwo days inadvance or using more advanced site-specific methods, if the burner has the capability to do this. Waivers of this requirement may be requestedthe day priorto the burn. Again, waivers will beevaluated Page 3 of 5

# on a case-by-case basis basedor:thejustiiicrtion forthe requestsubmitted bythe burner. The Department has developed a list of criteria it will use indeciding whether to grant a waiver (Exhibit 

# 7). SMP II burners are required to conduct visual monitoring including maintaining records of this mor~itoring for all burn projects. The local fire authority must be notifiedof all burns. Burners must register all burn projects with the Department no later than two weeks priorto the plannedstart date of the burn. The burners are then requiredto notify the Department the day prior to the burn with the amount of acreage to be burnedthe ,followingday. This will allowthe Department to trackthe numberof projectsand expected emissions in each airshed each day. This will assist the Department with determining whether any particular airshed is likely to beoverly inundated with smokefrom prescribed fire. SMP 

# I1 burners are also requiredto submit atracking form no laterthan twoweeks following the prescribed fire. Information to be submitted includes the actual amo~~nt burned, the type of vegetation burned, how muchof the vegetationwas consumed bythe fire, and the emission reduction techniques that were used. For those burns that are either within a 15-mile radius of a population, or with a population within 15 

# miles downwind when the wind direction is prescribed, additional requirementsapply. The burner must noiifythe affected public and the Departmentofthe burn project no later than two days priorto the burn. The notification tothe Department is to allowthe Department to decidewhetherto conduct instrument monitoring for that burn. If the burner has the capability to conduct instrument monitoring, ,the Department may requestthe burnerto conduct instrument monitoring. Thesedecisionswould be madewith consultation betweenthe Department and the burner. Again, all records are required to be kept for a period of one year afterthe burn. 

# C. 

# WILDLAND 

# FIRE USE Sometimes burnersdecideto useafire that beginsas awildfireto meet resourceor management objectives. This is known as wildland fire use. Inthis case, the burner is required to register such a burn with the Department no later than one business day following the decision to manage such a fire. The burner is also required to notifythe Departmentdaily ofthe status ofthe burn. The burners are required to notifythe localfire authority as well. Public notification is required for these burns that are within a 15 mile rsdius of a population. Visual monitoring with documentation ofthat monitoring of the burn is also required. Two weeks following the end of the burn management, the burner is requiredto submit atrackingformto the Department. Again, all recordsare requiredto be keptfor a period of one year after the burn.

Page 

# 4 of 5

# Wildfires are also included under this regulation. The land manager or owner of property on which a wildfire of over 

# 100 acres occurs are required to submit tracking information for that fire within six weeks following the cessation of fire fighting activities. This is to sssist the Department with assessing all emissions from fire as requireb bythe federal regional haze rule. CLOSING Finally, I'd like to reiterate that the program was developed by a group of stakeholders to meet the requirements of the regional haze rule. We believe that the program is equitable in that it treats all burners equally. We believe the program is reasonable. The requirements are not difficult to meet and the Department will assist burners as needed to meet these requirements. We also believe the program is implementable;the Departmentwill be ableto provide the necessary resourcesto burners to meet the program's requirements.

Fage 5 

# of 5

# Exhibit 5: 

# SmokeManagement Requirements Matrix

Element 

# L

Alternatives to Fire Actions to Minimize Emissions (ERTs)

.II : 

# ~valudtion of Smoke Dispersion

Air 

# Quality Monitoring Public Notification

Burn Authorization Voluntary

Voluntary Document any used on Tracking Form. 

# Wildfire, Wildland Fire Use SMP

# I <1 ton PMloper day*

1,onition only from one hour past sunriseto one hourbefore sunset, and no burning within 300 

# fi of dwellings. Or, follow SMP 

# IIrequirements for Smoke 

# SMP 

# I1 

# > 

# - 1ton PMlo per day*

Dispersion & 

# Monitoring. If lessthan one mile from apopulation(s), then conduct and document visual monitoring. Notify local fire authority. Additional requirements if lessthan onemile from a population(s). Submit Registration Form toAQBby 10am one business dayprior to burning. Required Document rationale on Registration Form. Required Document on Registration and Tracking Forms.

Burn only in "Good" to "Excellent" ventilation 

# \ categories.

Visual monitoring and documentationrequired on all burn projects. Notify local fire authority. Additional requirements if less than 15miles from a population(s). Submit Registration Form to AQBby November 1" if possible, but at least 

# 2 weeks prior to burning. Notify AQB by 10 am 

# onebusiness day prior to burning. Smoke Management Education required.

completion. 

# I FireActivity 

# 1 Tracking Wildfire: N/A Wildland FireUse: ifused, see SMP 

# II

1 

# Submit Tracking Form I 

# Submit TrackingForm two twoweeksafterproject 

# 1 weeks after project completion. Wildland FireUse: see SMP

Wildland Fire Use: see SMP 

# n Wildfire: N/A Wildland FireUse: Submit Registration Form to AQB oncereaches 10 acres in size. Update AQB daily by 10am. 

# ICS 209 may be used. Smoke Management Education required. Wildfire: Submit Traclung Form six weeks after fire suppression ends. 

# I Wildland FireUse: see SIviF 

# I

I- 

# * Oneton of

## PM,o is equivalent to the emissions produced fromburning a pile volume of 5,000 cubic feet.

# Exhibit 

# 6. Airshed Boundaries 

# New Mexico Counties and Airsheds

ew Mexico Envirorrment Department Air Quality 

# Bur Draft revised J

# ulv 1. 

# 2003.

Legend =Canad~anR~ver[l] mPecosR1ver[6]



# I:: Central Closed 12

# 1 San Juan Rlver 17 

### ] Lower Colorado Rlver 

## [3 ] 

# )" South-Western Closed

### [ 8 ] Lowet Rlo Grande [4

### ] Southern H~gh Plalns 19] M~ddle Rlo Grarlde 

### [ 5 

# 1 Upper Rlo Grande [ 

### 10] 

# 0 IVestemClosed 

### [ 11 

### ] Projected as NAD 1927,UTM,Zone 13N Developed by NMED 

### AQE. For questions, 

### please contact Heather Lancour at (505) 955-0075 or heather-lancou@nmenv.state.nm.us. 

### Arsheds based on 'WaterQuality and Water Pollut~on Controlin New Mexico." State ofNew Mexlco .Water Quality Control Commission.2002.

# Exhibit 

# 7: Draft Guidelines for Granting Ventilation Category .Waiversfor Smoke Management 

# Potential justification for granting a waiver under "fair" conditions 1. Bum project is in the wildland urban interface; or 2. Bum project is in a remote area - 

# "populations" are greater than 15mile radius away; or 3. Bum project is located above 10,000feet elevation MSL. AND 4. 

# Bum project consists of "light fuels", i.e. grass, litter, lhourfuels; and 5. Bum project has specific needs for "fair" conditions which canbe explained orjustified, such as a research project or critical habitat protection; and 6. 

# Bum project has been evaluated for cumulative airshed impacts from all bums, including transported smoke and dust. Requirements that maybe added to approval ofbumingunder "fair" conditions. 1. A 

# written justification describing the bum project -

# why this is necessary, fuels, elevation, aspect, bum objectives, wind direction, ignition plan, method ofpublic notification, method(s) of smokemitigatiodmonitoring, etc. 2. 

# No new ignitions after 3:00p.m. 3. Fax in daily accomplishments and hourly visual smoke monitoring. 4. 

# Narrow wind direction window. 5. Reduce daily acreagelpiles determined on a case-by-casebasis. 6. 

# Ignition can be halted ifwind direction shifts resulting in heavy smokein populated areas. 

# 7. Public notification must be adequate forbum purpose and location determined on a caseby-case basis. 

# 8. Perform instrument monitoring (case-by-casebasis). 

# 9. Maximum use of emission reduction techniques. Reasons for granting a waiver under "poor" conditions. 1. Will be approved (on a case-by-case basis) for night burning only -

# no "poor" daytime conditions will be approved; and 2. Bum project has specific needs for "poor" conditions which can be explained orjustified, such as fire safety; and 3. Bum project is the only onetaking place in that particular airshed; and 4. 

# Bum project is in a remote area - 

# "populations" aregreater than 15 mile radius away. Requirements that maybe added to approval ofburning under "poor" conditions. 1. A 

# written justification describing thebumproject -

# why this is necessary, fuels, elevation, aspect,bum objectives, wind direction, ignition plan, method ofpublic notification, method(s) of smokemitigatiodmonitoring, etc.

# 2. 

# Fax in daily accom~lis~unents and hourly visual smokemo~litoring. 

# 3. Narrow wind direction window. 4. 

# Reducedaily acreagelpiles determined on a case-by-casebasis. 5. Ignition can behalted ifnecessary. 

# 6. Publicnotification mustbe adequate forbumpurpose and location determined on a caseby-case basis. 7. 

# Perform instrumentmonitoring (case-by-casebasis). 8. 

# Maximum use ofemission reduction techniques.

# ElB 

# HEARING RE

# 20.2.65, 11119/03 1 STATE OF NEW MEXICO 

## -- Em1 RomENTm IMPRovEMEN7-= 

# :- /' 1,. .,>& 

## ,

# . ,/(. -

, ?, 

### 3

4 IN THE WTTER OF PETITION FOR HEARING ON 5 

### PROPOSED AMENDMENTS TO 20.2.65 

### - SMOKE MANAGEMENT 'i ,? j- G



### 8 

### 9

10 TRANSCRIPT OF PROCEEDINGS 11 12 BE IT REMEMBERED that on the 19th day of 13 November, 2003, the above-entitled matter came on for 14 hd6rkng before the New Mexico Environmental Improvement 15 BO&~, 

### taken at the State Capitol Building, Room 321, 16 Santa Fe, New Mexico, at the hour of 1:32 PM. 17 18 19 20 2 1 

### 22 23 

### 2 

### 4 25 

### 2

1 APPEARANCES 2 3 For the Environmental Improvement Board: 4 

### GAY DILLINGHAM, Chair GREGORY GREEN, Secretery 

# I GWEN WARDWELL HP.ROLD TSO 

# l YARY 

### H. SMITH Assistant Attorney General 8 Office of the Attorney Generel 111 Lomas aoulevard, Northwest 9 

### Suite 300 Albuquerque, New Mexico 67102 

### 10

11 Fcr the New 3exico Environment Department:

12 TIMOTHY P.. DOLAN Special Assistant Attorney General 13 Office of ~enerel' Counsel New Mexico Environment Department 14 1190 St. Francis Drive Santa Fe, New Mexico 87505 15 3 INDEX PAGE WITNESSES : 

### RITA TRUJILLO, SANDRA ELY, 

### MARY UHL and DEBRA MC ELROY Direct Examination of Sandra Ely by Mr. Dolan 8 

### Direct Examination of Rita Trujillo by Mr. Dolan 14 Cross Examination by the Board 3 1 Cross Examination by Mr. Reardon 4 0 Further Cross Examination by the Board 4

### 7 The following testimony was taken in the hearing for 20.2.73 

# - Open Burning and also incorporated herein: GREG MOORE Direct,Testimony 58 Cross Examination by the Board 6 1 JORDAN VAUGHN Direct Testimony 7 3 Cross Examination by the Board 75 

### Cross Examination by Mr. Nowak 7 7 Cross Examination by Ms. Lillis 8 

### 1 MIKE REARDON Direct Testimony 83 25 

### Cross Examination by the Board 91 4 

### 1 EXHIBITS 2 WPKED/ADMITTED 3 NMED: 4 1. Proposed 20.2.6: NIJ4.C 30 5 

### 2. Direct Testimony of Sandra Ely 30 6 

### 3. List of smoke management stakeholders 3

### 0 7 

### 4. 

### Direct Testimony of Rita Trujillo 30 5. Table of requirements 6. P.irshed Soandaries 7. Criteria for ventilation category waivers E. 

### NM SMP Comment Compilation, 7/03 GOODLOE : 

### 1. 

### NM SMP Development Process Ccm~ent Table for Smoke Kanagement Program 6/30/03 BROCK : 

### 1. Comments of B. J. 

### Erock FCDERRL LWDMANP.GERS : 

### 1. Comments on New Mexico's Smoke Management Rule

25 

### 25 

# KATHYTOVVNSEND COURT REPORTERS

# ElB 

# HEARING RE 20.2.65. 11/19/03

6 MS. DILLINGHAM: So I'm now opening the hearing, Smoke 

# -- 20.2.65 NMAC 

### - Smoke Management. I am the Hearing Officer, Chairman Dillingham, and it's EIB 03-08B. Excuse me. I have to get to my next 

### -- This is a hearing in EIB 03-OBB to consider a

new 20.2.65 NMAC, rules governing smoke management. Today is November 19th, and we are meeting in Room 321 of the New Mexico State Capitol. I am Gay Dillingham, the Environmental Improvement Board Chair who has been designated as Hearing Officer in this matter. The petitioner in this matter 

### is the New Mexico Environment Department. Petitioner states that the reasons for proposing a new 20.2.65 NMP.C are to establish rules that meet the requirements of the federal regional haze rule for smoke management and to

cover instances where the open burning rule, 20.2.60 NMAC, does not apply, for example, for fires greater than iO acres or 1,000 cubic feet of piie volume per day. The Environmental Improvement Eoard 1s mandated by Section 74-1-8.A.(4) of the Environmental Improvement Act and Section 74-2-7 of the Air Quslity 25 Control Act to adopt rules regarding air quality 6

1 management. 2 This hearing will be conducted in accordance 3 with the board's rule-making procedures and in a fair 4 and impartial manner so as to assure that the reievant 

### 5 facts are fully elicited and to provide a reasonable 6 opporrunity for all persons to be heard wlthout making 7 the hearing unreasonably lengthy or cumbersome or 

### 8 burdecing the record with unnecessary repetition. 9 The 5ules of Civil Procedure and Evidence 

### 10 shall not apply to this hearing. 

### .Is Hearing Officer, I 

# 1 11 will make such orders as may be necessary c3 preserve

12 decorum and to protect the orderly process of the 13 hearinp 

### -- hearing prccess. 14 The hearing shall proceed as previously 

### 15 detailed by Hearing Officer Harold Tso with regard to 16 :he hearing in EIB 03-O8A to consider revisions to rhe 17 hegional Haze State Implementation Plar~. We will now proceed. Will all persons who names, please? MS. TRUJILLO: Rita Trujillo. MS. ELY: Sandra Ely. MS 

# .. UHL: Mary Uhl 

# . MS. SMITH: And the reason that the court 

# I reporter added that additional comment as to testimony 

# I I already given is because Rita Trujjllo testified yesterday in answering some questions for a hearing for which she had not been sworn in. So we're trying to make you legal, Rita. Mr. Reardon, they're going to be sitting at the witness table, so if you want to take you? seat someplace. 

# I Does petitioner wish to make an opening statement? MR. DOLAN: Very brief introduction. In this hearing, the Department is proposing that the Board adopt a new smoke management regulation. Sandra Ely and Rita Trujiilo will offer direct testimony. Additionally, Debra McElroy and Mary Uhl will also be avaiiable to answer questions. Ms. McElroy

can answer questions regarding Air Quality Bureau enforcement 

### -- compliance enforcement policies, and Mary Uhl can answer questions regarding dispersion modeling. 25 And the Department's first witness is Sandri E 

### 1 Ely. 2 DIRECT EY-INATION OF SANDRA ELY 3 BY MR. DCLAN: 4 Q. Ms. Eiy, would you state your name for the 

### 5 record, please? 

### 6 A. Sandra Ely. 7 

### Q. And would you give us a synopsis of your 8 education and work experience? 0 A. I hold a bachelor's in conservation resource 

# I

10 sciences from LlC Berkeley, a bachelor's in nursinp 

### 11 sciences from Creiphcon University in Onaha, Nebraska, 12 and a master's in environmental study from the 13 University of Oregon in Eugene. 14 I am currently the Air Quality Sureau Chief 

### 15 and oversee a11 activities within che Bureau. 16 I also serve as president fcr the Western 17 Resources Council, as well as co-chair of the .&ir 18 Managers Committee for the We,stern Reqional Air 119 wish to testify at this hearing on behalf of petitioner 

## [ 19 Partnership. 

# I

20 please stand so that the court reporter may administer 21 the oath? hITA TRUJILLO, SANDRA ELY and MARY UHL having been first duly sworn or affirmed, were examined and testified as follows: 20 Q. And did you prepare testimony to present 

# 1

21 today: 2

2 A. I sure did. 23 Q. Fnd that testimony was submitted as Exhibit 2. 

## I 2

### 4 A. Um-hum. That's correct. 

# I 25 THE REPORTER: Would you each state your 25 Q. Okay. 

# KATHYTOWNSEND COURT REPORTERS2 A. Okay. 

# I The second point 

### I want to bring to your 

# ElBHEARING RE 20.2.65, 11/19/03

3 The smoke management regulation meets the 

# 1 3 attention today is the health effects related to smoke. 9 

### 1 would you present your testimony, please?

4 requirements of the federal regional haze rule for smoke 

# 1 4 Although the proposed smoke management plan in our11 

### 1 proposal. 

# 1 5 management. The smoke management regulation becomes 

# 1 5 Regional Haze SIP addresses visibility, the provisions 

# I effective where the open burning regulation leaves off 

### -- or will leave off, for fires greater than 10

acres or 1,000 cubic feet of pile volume per day. fires smaller than this will be regulated under the open burn regulation. In our previous hearing on regional haze, Ms. Trujillo described the stakeholder process chat the Department convened specifically for developing ttje 14 smoke management program for the state, and this is 15 separate and in addition to the regional haze stakeholder process. Let me refresh your memory just briefly about the smoke management stakeholder process. in this plan are also designed to address smoke health 

### -- health impacts of smoke.' Amoqg the many pollutants, in smoke, of course, particulate, carbon monoxide, the one of greatest

concern is particulate matter that is less than 2.5 microns in size, also known as fine particulates, or PM2.5. PM2.5 is very small. Indeed, it is, about 14 one-twenty-fourth the width bf a human hair. Because of 15 its size, it is easily inhiled into the lung, which 

### is 16 why it is of a great he,alth concern. 17 Now, EPA has estimated that about 19 pounds of 18 fine particu1,ates are emitted for every ton of fuel During this process, we created essentiallp 

# 1 19 consumed in a mixed conifer broadcast burn. This 

# I

two stakeholder groups, the working team, and that team 20 equates to about 17 tons for a 100-acre burn. 

# I actually developed the work products, and then the When determining health impacts, we needed to 

# 1 I review team, which oversaw those work products and makes 122 look at concentrations of fine particulate and not total

# 1

comments and recommendations for change. 123 volume. During some of the recent wildfires in 

# I Both the work team and the review team were 

# 1 24 California and in the Sangre de Cristos, monitors in Neu 

# I

was to lnclude representation from all members of the 

# I 1 and i7 micrograms per cubic meter. E. normal reading is 

# 1 made up of a divergent group of stakeholders. Our goal 10

public that would be effected by this rule. You have heard concerns from 

### -- about the propcsed rule from agricultural interests, and I war.t to

assure you ttiat we've maoe every attempt to work with the aariculcural community and address these c0ncerr.s in the proposal that you have Defore you today. in Exhibit 3, there is a list cf the stakeholders who participated in the workina and review teams. As you can see from this Ilst, agricultural 25 Mexico registered 24-hour concentrations of 24, 23, 20 12

3 to 4 micrograms per cubic meter. The federal 24-hour standard for fine partlcuiates is 65 micrograms per meter cubed, which is desioned to prorect against short-term heaith effects. However, ZPA recently announced that they are considering lovering the 24-hour fine particulate scandard to 30 to 50 micrograms per meter cubed because adverse heal~h effects are seen at levels lower than the current standard. California EPA's Office of Environmental

Conservation Service, the New Mexico Seedsmen Association, the New Mexico Department of Agriculture, Elept~ant Butte Irrigation District, New Mexico Pecan C-rowers, the Cooperative Extensi~r~, the Farm Bureau, the Department of Agriculture, the Costilla Livestock Board, Salopek Farms and the New Mexico Pecan Growers, the Natural Resources Conservation Service and the Vermejo Perk Ranch. In addition, we held public meetings and took input in communities that rely heavily on agriculture for their livelihood, including Las Cruces and Corvallis. So we did make every attempt to consider all interests were represenced by che Natural Resources 13 recommending a 24-hour standard of 25 micrograms per 14 meter cubed. Now, that 

### is currently being debated 15 within the state. 16 The reason they're making chis recommendation 17 is that adverse health effects are associated with fine 18 particulate matter at levels above this, and even at 19 levels below this, and these adverse hsalth effects 20 include heart attack, cardiac arrhythmias, heart rate 21 variability -- they may either speed up or slow down 

### -- 22 asthma, respiratory symptoms, changes in health 23 function 

### -- lung function and premature death. 24 When permitting point sources, the Department 

# I li Realth Hazard Assessment recommends a 4 

### -- is 

# I

impacts and a11 the concerns associated with this 25 protects public health by assuring that federal and 

# KATHYTOWNSEND COURT REPORTERS

# EIB HEARING 

# RE20.2.65, 1

# 1119/03 I I 1 13 1 state standards are not exceeded. If the source can't 

# 1 2 demonstrate compliance through computer modeling, we 15 

### 1 A. I did prepare written testimony. And I would 2 like to state that the testimony that I'm going to give 

# ( 3 require them to install emission control equipment to 

# 1 3 is a little different than my written testimony in 

# - I 

# 1 4 lower emissions or they are not permitted to construct. 

# 1 4 response to some of the concerns we've heard raised This same approach is not reasonable for prescribed fire because there is no simple air dispersion model that can accurately depict concentrations. There are complex models that do simulate dispersion of fire with greater accuracy. However, these models are complex and time-consuming and cannot be a prognostic mode easily used at this time. Instead, the Department is proposing that the burner utilize the ventilation index to determine since I've prepared my written testimony 10 days ago, or 13 days ago now. 

### 4. Okay. Would you present that testimony, please? A. Sure. The smoke management regulation outlines the requirements for burners under the smoke management program and lmpiements the program that was approved in the State Implementation Plan by this Board yesterday

dilution of :he smoke so that concentrations don't befope a public health issue.

.I 1 , New Mexico does not have its own ambient standard for fine particulates, and we are obligated to

ensure that the federal standard is not exceeded. The public health impacts of fine particulates may be serious, and it is important that all reasonable precautions be taken to limit unnecessarily public health expcsure. The Department believes that utilizing the 

# 1 14 whether conditions will assure adequate mixing and The first seven sections of the regulation are those that are requlred by the State Records Center regulationL under 1.24.10 IWC. Section 6 of the regulation states that the objective of the par: is to manage the air quality impacts of smoke from all sources of fire. It also states that it does not preempt more stringent controls on burning that may be inclbded in other laws, regulations or ordinances, and it does not preempt any legally issued restriction on burning. For 

# ( 14 for regional haze.

1 That's all of my testimony. 2 Thank you. 3 MR. DOLAN: Thank you, Ms. Ely. 4 Pad the Department's next k'itness is Rita 5 Trujilio. 

### 6 DIRECT EXAMINP.TICH OF RITA T3UJIiLO 7 BY MR. DOWN: 

### 8 Q. Would you state your name for the record, 9 please, 

### Ms. Trujillo? 10 

### A. Rlta Trujillo. 

### 1i Q. And would you cive us a brief synopsis of your 12 education, background and work experience? 13 A. I have e bachelor of science degree in biology 14 from Aumboldt State University in Arcadia, California. 15 I have 23 years of experience in the 16 environmental field, including a couple of years uarking 17 on a farm, and also five years with the Air Qualiry 18 Dureaa, including two to three years, two-and-a-half 

### 19 years, as the Section Manager of the Control Strstegies 20 Sectior:. 2

### 1 

### Q. And that's your current position? 

### 22 A. That's correct. 

### 2 3 Q. .md did you prepare written testimony today 

# -- 

# I 24 A. I did 

### -- 

# I

25 ventilation index 

### is a reasonable precaution. 25 example, the regulation would not preempt any fire 14



### 25 Q. 

# -- for today? 25 component, especially for those burners who have not 

# KATHYTOVVNSEND COURT REPORTERS 16 restriction issued for wildfire prevention reasons. Other restrictions not affected by this regulation are those that are issued for health reasons, such as the restriction recently issued in Albuquerque due to smoke impacts from the California fires. The Department recoqr.izes the irnporter,ce of fire for New Mexico's ecosystems and agricultural economy. The forests, rangelands and grasslands of New Mexico are fire-adapted ecosystems where long ahsence of fire has led to hazzrdous fuel end unhealthy forest conditions. The Department recognizes that in order tc return eccsyscams tc their natural condition, there is

an increased need to use prescribed fire as a tocl. Fire 

### is also an impcrtant tool for the management of agricultural crops. Fire has been used in agric~lture for weed ebarement, residue disposal, pest ma::aqement and for other manaqement purposes. In chis reguiation, we are attempting to balance the concerns of the public for ecosysrem heal~h, the economy, improved visibility and clean and healthy I

## I



# I

air. 

# -1

The Department also recognizes that this 

### is G new program that will need an extensive public education I

# EIB HEARING RE

# 20.2.65. 1111 9103

17 been subject to such requirements previously. The stakeholder group that Ms. Ely mentioned discussed this extensively in its work on developing the smoke management program. We worked very hard on developing simple forms specific to the type of vegetation that will be burned. We're also developing educational materials that will be made available to cooperative extension offices and other appropriate agencies throughout the state. We intend to conduct educational meetings and have an 800 number for people to call us directly with questions. And of course, we will make available all of these materials on our web site. With the help of the working group, the Department has delteloped a guidance document on the program that will also be available to all burners. We will work with the Cattle Growers Association, the Farm

aureeu and other organizations such as the New Mexico Pecan Growers Association in conducting these trainings and in developing materials for the program. We believe that after the first year or two of the program burners will become more comfortable witn the requirements and will find them simple to comply h'ith

## . Section 7 defines the terms for this 19 vegetative material, the minimum amount of auxiliary fuel needed to ignite the burning and polyethylene sheeting that has been used to cover the material prior to burning are allowed to be burned. My written testimony includes the reasons for allowing polyethylene sheeting, and I won't repeat all of that here. You've heard it eariier in the testimony for the open burning regulation. 

## . Sections 102 and 103 of the proposed

, regulation outline requirements that apply to small burns and other burns respectively. Small burns fall within SMP I, and other burns are within SMP 11. Exhibit 5 is a table that outlines the requirements for SMP I and SMP 11. Section 102 outlines the requirements for burners who are subject,to the requirements of this regulation but are producing less than one ton of PM10, or particulate mztter of 10 microns or less in diameter, per day. It is expected that these burns would produce fewer impacts than larger burns. This is referred to as SMP I. For SMP I level burns, burners are required tc burn only from one hour after sunrise to one hour before sunset. This means that no new ignition of burns mag

occur outside of these times. 

# ! 1 reoulation. In addition, common terms used in air Also, burns must be at least 300 feet from quality are defined in 20.2.2 h'MAC. Section 100, Applicability, informs the reader of who's required to follow the regulation. A.11 users of prescribed fire who burn more than 10 ecres per day

or 1,000 cubic feet of pile volume per day are regulated undez this part. This tracks with the open burninq requirement tl-gat applies to burners who burn less than 10 ccres per day or less than 1,000 cu!?ic feet of pile volume and pro\-ides fcr a seamless rransicion from ;he prcposec open brrninc reguiation Lo this propcsec' smoke management regulction. In additicn, those who burn less than chese amounts may choose to follow tne requirements cf this 

### 16 regriation rather than the cpen burning reguiation. 

### 17 Als~, property owners or land managers of land on which 

### IE a wiidfire of over 100 scres occurs must comply with tne 

### 19 reporting requirements of Sectior! IC5 of chis pro?csed 20 regulatior~. 21 The reqional haze rule requires that ell 22 sources of fire be eddressed in the smoke management 23 program. 2

### 4 Materials allowed to be burned under this places where other people live or gather. If burners would prefer, they can choose to use ventilation category and conduct visual monitoring instead of the time of day end location restrictions. For these burn:,



# . . burners must only burn during cimes hvhen che ventilation category is good or better. These requirements meet the regional hcze rule requirement for smoke dispersion. SMF I burners must notify the local fire auchority prior to igniting a burn. The local fire auchority 

### is generally a point of contact for the public to find out more about a particular burn in the vicinity. This allows the fire authority to give out information about the burn to the public if they're cailed about a specific burn project. P.s you have heard in previous testimony for open burning, we have no authority to regulate fire safety. It's more appropriate for this authority to lie with the local fire officials. They have the knowledge and expertise necessary for this. Tnis program requires that the local fire authority be notified. This is alsc

a form of public notification, as they're the firsc point of contact for the public. 25 regulation are the subject of Section 101. Only 2

### 5 This requirement meets the regional haze rule 

# KATHY

# TOWSEND COURT REPORTERS

# l2 Burners are required to register their burn 

# 1 2 regulation are met. 

# I EIB HEARING RE20.2.65, 11119103

3 project with the Deparrment at least one business day 4 prior toburning. Each registration 

### is good for seven 5 days of burning. The burner must renotify the 

### 6 Department if the burn will continue longer than seven 

### 7 days. 8 3-lthough the initial notification should be 

### 9 made on the form provided by the Department, additional 21 

### 1 requirement for public notice.

notification may be done by phone, fax or E-mail. We're also working towards the capability to allow this notification to be accomplished on a web-based form. This allows the Department to track the number and size of burn projects in New Mexico's air sheds, h7hich are shown in Exhibit 6.

! Air shed boundaries have been set as hydrographic boundaries for the purposes of this 23 

### 1 those records and to ensure that the requirements of the



### 3 The SMP I1 requirements contained in Section 

# 4

4 103 apply to all burns with emissions of one ton or mc 5 of PMlO per day, or for those pile burns with a volume of 

### 6 5,000 cubic feet or more per day, which 

### is roughly 

### 7 'equivalent to one PMlO emission. 8 There are more stringent requirements for 

### 9 these burns. Burners are required to review educational materials supplied by the Department or complete an approved smoke management training prior to burning. This 

### is to ensure that all prescribed fire programs evaluate and address visibility impairment in their planning and application as required by the regional haze rule. The burner must consider the use of alternativLs to burning and document the reasons for not

21 as required by the regional haze rule. SMP I burners are required to submit a 18 program. Burnsrs are precluded from bnrning more than 

### 19 is included in the registration or notification. This

21 technique must be implemented. 

### 22 Examples of emission reduction techniques 18 using an alternative on the registration form for the 19 burn. Consideration of alternatives is required by the



# 1 23 tracking form to the Department no later than two weeks 23 described in guidance material available to burners 

# I

20 is to sllow the Department to assess visibility effects ' 

# / 20 regional haze rule. At least one emission reduction



## ( 24 after completing the burn project. These tracking forms 

## ( 24 include burning in piles rather than broadcast burning, 

# I

25 will be used by the Department to evaluate emissions 22 1 from burning in New Mexico and to develop an annual 

# ( 2 emissions goal for the following year as required by the 25 burning dry material rather than green material and

1 grazing a field of wheat stubble prior to burning. 

### 2 A waiver for this requirement may be obtained

4 This also meets the requirements fcr 

### 5 inventorying and tracking emissions as required by the 

### 6 rule. 

# 1 3 federal regional haze rule.

For burns that are to be conducted within a one-mile radius of a population, SMP I burners are also required to conduct and document visual monitoring and to conduct public notification of those populations. Population is defined as the total of indi~iduals occupyinq an arez. For example, if the population is a single residence within the one-mile radius, the burner could simply teiephone or mzil a notice to that residence. For larger populations, other forms of public notice wocld be acceptable, such as a notice posted in a generbl store or post office or a newspaper ad. Public notice must be conducted at least two days prior to but not sooner than 30 days prior to igniting of the burn. This meets the public notification requirement of the regional haze rule. The burner must maintain all records that are required under Section 102 for a period of at least one 

# 1 3 on a case-by-case basis. The burner must provide the 

# I 4 Department with justification for a waiver. The 5 Department will work with the burner to identify 

### G pctential emission redaction :echniques for specific burns. If none were available or practicable, the Department would likely grant the h-aiver. This meets the regional haze rule requirement that rhe program include actlons to minimize emissions. Burners under SMP I1 are required to ignite a burn only when the ventilition category is good or better. With the assistance of stakeholders, the Department has developed guidance for burners to determine the ventilecion category for a specific burn. Methods include using the fire weather forecast up to two days in advance or using mcre advanced site-specific methods, if the burner has che capability to do this. Waivers of this requirement mey be requested a 

### '"a day prior to the burn. Again, waivers will be evalu:

on a case-by-case bzsis based on the justification for the request that is submitted by the burner. The 25 calendar year. That's to ellow the Department to review 125 Department has developed a list of criteria it will use 

# KATHYTOWNSEND COURT REPORTERS

# EIB HEARING RE20.2.65. 11119/03

in deciding whether to grant a waiver, and that 

### is your Exhibit 7 in this folder. This requirement meets the regional haze rule requirement for evaluation of smoke dispersion. SMP I1 burners are required to conduct visual monitoring including maintaining records of this monitoring for all burn projects. This meets the regional haze rule requirement for air quality monitoring. The local fire authority must be notified of all burns. Burners must register all burn projects with the Department no later than two weeks prior to the planned start date of the burn. The burners are then required to notify the Department the day prior to the burn with the amount of acreage to be burned the 16 fdl;lbwing day. .I I ( 17 8' This will allow the Department to track the 18 number of projects and expected emissions in each air 19 shed each day. This will assist us with determining 20 whether any particular air shed is likely to be overly 21 inundated with smoke from prescribed fire. 27 burner to conduct that monitoring. These decisions would be made with consultation between the Department and the burner. This meets the rule requirement for air quality monitoring. Again, all records are required to be kept for a period of one year after the burn. Sometimes burners decide to use a fire that begins as a wildfire to meet resource or management objectives. This 

### is known as wildland fire use. In this case, the burner 

### is required to register such a burn with the Department no later than one business day following the decision to manage such fire. The burner 

### is also required to notify the Department daily of the status of the butn. Burners are required fo notify the local fire authority as well. Public nof'fication is required for these burns that are 

# r' within a 15-mile radius of a population. Visual monitoring, with documentation of that moni,toring, is also required. Two weeks following the end of the burn management, the burner is required to submit a tracking form to the Department. Again, all

23 for a smoke management program that considers visibility 24 effects as well as health and nuisance objectives. 2

### 5 SMP I1 burners are also required to submit a 26 This meets the regional haze rule requirement



### 1 tracking form no later than two weeks following the 122 records are required to be kept for a period of one year

# I

2 prescribed fire. Information to be submitted includes 23 after the burn. 2

### 4 Generally, for these fires that are on federal 25 land, there's a prescription in place. This is a hybrid 28 

### 1 between prescribed fire and wildfire. The pnrpose of 2 these types of burns is to allow fire to function 

# 1 3 the actual amount burned, the type of vegetation burned, 

# 1 3 naturally as much as pcssible. 

# I 1 4 how much of the vegetation was consumed by the fire and 

# 1 These fires are generally in rugged and remote 

# 1 5 :he emission reduction techniques that were used. 

# 1 5 areas. It's usually safer and more cost effective for 

# I

This requirement meets the regional haze ruie requirement for public notification and for trackinq. For those burns that ere either within i 15-miie radius of a population or with a popuiation within 15 miles downwind wnen wind direction is prescribed, additional requirements apply. The burner must notify the affected public and lhe Department of the burn project no later Than :wo deys prior to :he burr,. This is an advisory public 

### 15 notice. Anyone who would be adversely affected by smoke



### - * lo in an area would be aware prior to the burn and would be 17 ebie to take meascres, such as not exercising outaoors, 18 as needed for their own heelth situarion. 

### 13 This meets rhe regional haze rule requirement 20 for public notification. The notification to che 21 Department 

### is to allow the Department to decide whether 22 to conduct instrument monitoring for that particular 23 burn. 2 4 If the burner has the capability to conduct land managers to allow these fires to burn rather than to try to scppress them. However, land managers make

sure that these fires are suppressed should it appear that they the potential to become en uncontrolled wildfire. The requirements for wildland fire use ensure that the regional hare rule requirement that all sources of prescribed fire are addressed in the program. Wildfires are also included under this regulation. The lznd manager or owner of property on which a wildfire of cver 100 acres occurs sre required to submit trackinp iniormition for chat fire within six weeks following the cessation of fire fight in^ activities. This 

### is to assist the Department with assessing all emissions from fire as required by the regional haze rule. This allows states to meet the regional haze rule requirement for tracking emissions from all fires. 25 instrument monitoring, the Department may request the 25 In closing, I'd like to state that a 

# J KATHYTOWSENDCOURT REPORTERS

# EIB HEARING RE20.2.65. 

# I 1119/03

29 commitment in our SIP, or State Implementation Plan, that was approved earlier, 

### 1s for an annual evaluation of the program with all interested persons. At that time, the program will be evaluated and potential revisions will be identified. Any necessary revisions to the regulation will be brought back to this Board for review. This is a new program. The Department recognizes that it will take time for burners to learn how to use the program. We intend to use enforcement discretion during the first year or two of the program while people are learning how the program works. We heard during the stakeholder process about the need for flexibility in the program. We met with the agricultural community in both Clovis and Las Cruces and heard this concern. We believe we've provlded flexibility through the use of waivers and notification that can be provided by numerous methods, including by calling an 800 number RITA TRUJILLO, SANDRA ELY, MARY UHL and DEBRA MC ELROY having been previously duly sworn or affirmed, were examined and testified further as follows: CROSS EXAMINATION BY THE BOARD: 

# 1

MS. DILLINGHAM: Does the Board have questions

or vish to cross-examine the petitioner? Gregory, you 

### -- MR. GREEN: I have a small question. If you're 50 miles from a city and you'have to do public notice, what public notice do you have to do? MS. TRUJILLO: That would depend on the particular burn, I think, how large the burn 

### is and how 

# -- where 

# -- how many, how big 

### is the city. If 

### it's

a small village or a town, uhere people are likely to

see a notice that's just posted in a pubiic location, then that would probably be appropriate. In a case like 

# -- that I'm real familiar with, like the pecan growers down in the Mesills Valley, where

122 program was developed by a group of stakeholders to meet 122 discussed with them the potential of doing some radio 

# I

20 or using E-mail or fax notifications. 

# 1

21 Finally, I'd like to reiterate that the

123 the requirements of the federal rule. We believe that 

# / 23 spots and things like that, and they're very amenable to

# I 20 you, have a large number of pecan orchards that are ali 

### 21 burning around the same time of the year, we've

124 the program 

### is equitable and that it treats all burners 

# 1 24 that. 

# I 

# 1 2 assist burners as needed to meet these requirements. 

# I 2 not a notice like we hare in our permitting programs 

# I I 25 equally. We believe it's reasonable. The requirements 30 

### 1 :re not difficult to meet, and the Department will 

# 1 We also believe the program is implementable. 

# 1 3 where 

### it's 

### -- you have the opportunity to appeal a 

# 1 25 Whatever 

### is most effective in getting that 

# 4. 32 

# I 1 notice. It's an advisory notice to the public. It's 

## I 

# 1 4 We wiil be able to provide the necessary resources to 

# ( 4 decision or something like that. This 

### is just to let 

# I

5 burners to meet the program's requirements. 

# I The smoke management program 

### is an essential part of the Section 309 requirements of the regional haze rule. This regulation meets the federal requirements under Section 309 for programs related to fire. MR. DOLN<: Thank you, Ms. Trujillo. At this time, I move to introduce NMED Exhibits 1 through 7 into the record. MS. DILLIIJGWN: I accept those in the record. MR. DOLAN: Okay. [Exhibits NMED 1 through 7 were marked for identification and admitted into evidence.) MR. DOI.&N: And we now would have the Department witnesses stand for cross-examination. I'd like to remind the Chair and Ms. Smith that Ms. McElroy was out of the room when the witnesses

were sworn in. MS. DILLINGHAM: Okay. Go ahead and swear her in. 

### 5 people know. 

### 6 MR. GREEN: So it's going to be left up to the Department to sort of make those determinations on a case-by-case basis? MS. TRUJILLO: Th+t's correct. That's our proposal at this time. 

# I MR. GREEN: And the only other thing tnat struck me as a little odd 

### is if I have a wildfire on my land, it's more than 100 acres, plus my house goes up, I

owe you a form? HS. TRUJILLO: We would like to know about that fire, simply because we are required to track ali emissions from all fires, including wildfires. I think in the event that someone's house burned, we would probably use enforcement discretion in that case and look at that very leniently. I think we have a little compassion. MR. GREEN: Okay. Those are the only thin< that struck me as strange, if I ended up with a wildfire, I owe you a form. 25 (DEBRA MC ELROY was duly sworn or affirmed.) 25 MS. DILLINGHAM: At the end of your testimony, 

# KATHYTOWNSENDCOURT REPORTERS

# EIB HEARING 

# RE20.2.65. 11/19/03

3 3



# -

# I

1 you stated that the Department will be able to provide



# 1 2 the necessary resources to burners to meet the program's 

# 1 3 requirements. Specifically, what are those resources? MS. TRUJILLO: We think 

# -- right currently, we 

### 6 have a person who sits in our office that actually works 7 for the BLM, and I think Fish and Wildlife Service, and 

### 8 she 

### -- she's 

### -- but she has office space in our office 

### 9 and works with us on our smoke management program. 10 She's very capable and very good with fire. 

### 11 ' And it may be that in the future we will have, 12 2s well, someone who assists her with this. We're working on that right now, having someone who assists on

a part-time basis with that. And we'll see how the program works outto determine if we need more assistance in that. MS. DILLINGHAM: Okay. I'm spread out here. MS. TRUJILLO: I'd like to also add that we do have available a 113-page guidance document that we've 35

more assistance in-house to manage this program effectively. ' We will be evaluating the amount of time and

resources it takes to manage this program after it is initiated, and we may be back before you requesting a fee associated with the management of this program. But at this point, we don't know. MS. DILLINGW: Okay.



### . And you would assess that, say, within a year

or two? MS. ELY: Yes. MS. WARDWELL: Or sooner? MS. ELY: Or sooner, yes. MS. DILLINGHAM: whet activity will be chanqed by the implementation of this proposed rule? MS. ELY: We're not --.we're not sure just yet. There may be times when we will have to not permit

a burn or delay a burn until conditions are betrer. We've been struggling a little bit jusr recently with the ventilation waivers because the 

# 1 21 prepared on the program. Most of it's appendices, just 

# 1 21 federal land managers would llke to burn in conditions 

# I 1 22 explaining how to do different things in the program. 22 of fair or poor ventilation index. And there are times 

# I

123 So we do already have materials that are available that 23 where that may be appropriate, depending on the location

# I 1 24 were developed by the stakeholder group. 

# 1 24 and the type of burn. 

# I

2 5 MS. DILLINGHAM: Okay. That brings me to my 

# ) 25 So because this is a new program, we're not 34 

# I 1 next question, which is to describe the number and type 

# I 1 clear yet under what circumstances will not be 

# i

2 of pirties potentially affected by this proposed rule. 7 MS. TROJILLO: I think that's kind of unknown. 4 We have in the past been working with the federal land 

### 5 managers, so we have a pretty good idea of what 6 prescribed fires are on feder~l lands. We aon't have a rezlly good idea of the kind of burning the: poes on on private lands at this point because we haven't reguleted it in the past. We know thzt :here's wnezt stubble burning in the Clovis area. We knsv from Mr. keardsn's testimony that there is some private rangeland burning that occurs. And I think that that's increasing, and I think that's i good rhing for :he ecosystem. We know about the pecin growers. We know that there's ditch bcrr,ing. We're not exzctly sure of the extent. Pad part of the purpose of this program is to gei ;hit information and develop that. MS. DILLINGHRM:

. How will implementation of this proposed rule affect New Mexico Environment Department, and your Bureau specifically, with regards to ccst, staffing, all of that? MS. ELY: Rita started to answer that question 2 allowed 

### -- under what circumstances we will not allow a 3 burn or when we will. We need to work this out further, 

## 1 I 4 I think, with the federal land managers on that. It is 

# 1

5 a new program. We're learning. And I think the burners 6 will be learr.ing along the way. One of our clear objectives, though, is to not overly impact an air shed and to be able to monitor the activities in each of those air sheds so tnat we don't end up with, you know, the perfect storm, if you may indulpe me, that to have like the California wildfire occurring, prescribed fire and an agricultural burn all happening, you know, within the same air shed. We want to be able to monitor that. And that's something we have not done before, and we need to start addressing that. We understand the need to allow fire to happen, we vant it to -- prescribed fire to

occur and controlled wildfire to occur and to be able to maximize that without having an undue impact to the public health. MS. DILLINGHAM: Um-hum. Tell me a little bit about your outreach. How would you reach 

### -- I know it would be 124 a bit. We do have some assistance right now from the 124 easier to reach the other federal or state agencies, but

# 1

25 federal land managers, and we believe that we may need 

### 25 how would you reach a rancher like Mr. Reardon with 

# KA-THY TOWNSEND 

# COURT 

# REPORTERS

# 1 2 ranching community or farming community? 

# 1 MS. DILLINGHAM: I'd like to, if I may, 

# I EIB 

# HEARING RE

# 20.2.65, 11119/03



# 1 MS. TRUJILLO: I think our best opportunity 

### is 

# 1 3 Mr. Reardon, use you as a real-life example, since 

# -4 37 

### 1 these new regs and to educate and to outreach to the



## ( 4 using existing organizations that the ranchers and the 

# 1 4 you're here. 

### 39 

### 1 time costs you. 

# I 5 farmers already use, like Cooperative Extension, like 

# l MR. REARDON: Okay. 

# I 1 6 the Forestry Division of the Energy, Minerals and 

# I MS. DILLINGHAM: Would Mr. Reardon's ranch, 

# I 1 7 Natural Resources Department, because 'they are used to 

# ( 7 '7,000 acres and the types of burning he's doing 

### -- would

# I 1 8 working with private landowners on prescribed burns, 

# 1 8 that be SMP, Smoke Management Program, I or Smoke 

# I 

# 1 9 like the New Mexico Department of Agriculture. 

# 1 9 Management Program 111 

# I 1 lo I think that's always the best way to get the MS. TRUJILLO: It sounds like 11. 7,000 acres 

# I word out, is to use existing organizations that people

are used to going to for information. In addition, like I've shown you, we've developed this guidance document. We can make that available in all of those places, as well as Department fie1,d offices and other areas that may be appropriate.

.Il'.

# . ~!dinot 

# -- I think probably extension offices are the best places for that to happen. Farm Bureau has

3 8 itself is much less than that. It's only 20 pages that really talks 

### -- less than 20 

### -- 15 pages. Each appendix could be referred to separately. Like say your questlon was how do I determine ventilation category. Well, you would just go to that appendix, and it's just a few pages that explains how tc dc that, or call us on our 800 number and ask us. We expect that we're qoinq to get a lot of calls like that. We also think that most, especially farmers,

are going to be burning in the same location time zfter time. You kn0hV, you're burning a field, your field doesn't move. You'll be burning that field this year, you'll be burning it next year. Once you've done this once for that elevation of your property, it should be very simple to repeat 19 representatives across the state. 19 2

### 0 MS. DILLINGW: Are you planning on also ! 20



### i6 that, because your variables 

### -- you won't heoe that many 17 variables. 18 MS. DILLINGnY: Does this chanqe the 

### 19 reg~iated community in terms of cost to them? 20 MS. TRUJILLO: At this time, not in, you Know, 

### I 21 creating a guidance document that's a little more user 22 friendly? 23 If I was a rancher, I certainly wouldn't want

21 actual dollars to us. However, they will have to spend 22 some time in filling out a form. We've tried to make 21 22 23 in 10 days would be 700 acres a day, and that would probably fall into SMP 11. Is that correct? 700 times 10 

### is 7,000. Yeah.

, MS. DILLINGHAM: And I think we're close to closing the Board's questions, so if I may open it up LO Mr. ~earddn, in case he has any questions in a reel-life scenario about how does he implement this new



### 24 to look through 113 pages. 25 MS. TRUJILLO: That's why the actual document regulation, so that as a Board we can witness his understanding and how you answer the questions and, you know, where his questions lie 

### -- if you don't mind, Mr. Reardon. Are there questions you have with these new regulations that you could share afrer listening to their testimony? 4 0 CROSS EXAMINATION BY MR. REARDON: MR. REMDON: Today it kind of caught me by surprise, so I didn't know this was coming up today until just a few hours ago. 

# I<

I guzss one question I do have, s bunch of our neighbors 

## -- well, there's one neighbor that I talked to you about that we burn all rhe time, who I think was here yesterday. We've also been in contact with the NRCS program, you knou, because I burn ny ranch through their program, end my neighbor nas done some burning, also, and they're trying to get together through them to do kina of a 

### -- not reelly a co-op, but it's an agreement between a11 the ares landowners, so 1: anybody's fire Gets away, you know, everybody knows the other guy's doing it, and it's okay, and the liability thing isn't a big issue. Do you get more 

### -- hrh2t be the best way

TO say it 

# -- do you have more pull on who gets a permit? 2 1 I mean, let's >ust say thzt everybody's 22 applying for a permit, and there's a fire somewhere 

## . la,

(23 the forms very slmple, just check-the-box kind of forms, 23 that's making the air worse 

### -- I mean, is the federal 

# I ] 24 fill in your name and address. 

# 1 24 government 

# -- if they're going to do a controlled burn 

# I

25 So 

### I think anything that causes you to spend 25 in the Jemez or someplace close to you, how does that 

# KATHYTOWNSEND COURT REPORTERS

# ElB HEARING RE20.2.65, 11/19/03

trickle down? 

# I P.re we better off being 

### -- going through NRCS? Do we have more pull that way, to have four or five 

# I different ranchers that could burn all at the same time or close to the same time versus if you were just an individual? MS. TRUJILLO: The stakeholder group did address that. MR. GREEN: Let me interrupt you for a second just so I can follow. NRCS? MS. TRUJILLO: Natural Resource Conservation Service, the old Soil Conservation Service. MR. GREEN: Thank you. MS. TRUJILLO: And actually, we had two mqmbers of the Natural Resource Conservation Service who pd,hicipated in our stakeholder process, as well. The stakeholder group did talk about how to prioritize. If you decided that there had to be a

I I lessening of impacts in a particular air shed, how would1 you prioritize that. And we decided that for wildland fire use, we 4 3 told no. You might just work it out amongst yourselves and decide that if everyone burned a little bit less you could all get some burning done that day. MR. REARDON: Do we need to also report how many acres we're going to burn each day, or 

### is it in that seven-day period? MS. TRUJILLO: That's what the seven-day notice 

### is for. For each day of burn, you would put the maximum amount you expect to burn on that particular day. That's really the only way that we, as the Depertment, are going to be able to evaluate the emissions for that particular day in a particular air shed. If we don't know what 

### is the potential for the acreage to be burned and what type of vegetation 

### is going to be burned on that day, we won't know what will 

# I be the emissions of particulate matter on that day. In order to manage an air shed, ana in order to make sure that an air shed is not overly inundated with smoke, we need to have an idea of what that might be. MR. REARDON: Because some days we burn 

### -- 23 wouldn't ask that those fires be turned off because of 

# ( 23 let's say you start cff, and, you know, the wind comes 

# I 24 the difficulty in doing that, the fire suppression 124 up, you quit, so you only end up burning a smell portion

# I

2 curtailed. 

# ( 2 great day or light breeze, and we want to light more 

# I 25 activities. We decided that SMP I burns are very small 4 2 1 and, therefore, we wouldn't ask that those fires be

The ones we talked aboct modifying would be 

# ( 3 than that. 

# I 25 of what you thought, but on the flip side, then you 4 4 1 might get going by noon, and 

### it's still a nice, calm

the SMP I1 fires, and we talked about prioritizing them by first come, first serve. Whoever submitted notice first of a fire would be the first. We also talked about having all of the burners work together fcr 

### -- for example, if there were a number of fires that in a particuler federal land manepement agency was trying to do a11 in the same day, we might ask them to pricritire themselves which were the nost important fires. If, in your case, you were working wixh NRCS and a whole group of ranchers kind of together in somewhat kind of like a co-op situation, we might ask 16 rhat you as a group decide which fires should be silowed 17 to go forward. And in the absence of any consensus on 18 :hat, then we may say, okay, first come, first serve. 19 MR. REPADON: Okay. 20 MS. MC ELROY: If1might just add something 21 to that, and the idea would be that perhaps all you have 22 LC do is restrict your fire somewhat. If you were 23 planning on burning 700 acres, perhaps you would cut 24 that in half and burn 300 or 350 that day instead. So we just apply for the most snd then whatever 

### is less 

### is Less. MS. TRUJILLO: We've also talked about and made 

### -- talked 

### -- a burner can decide if they want to burn more than tney've notified us for the day before, if they have excellent conditions that day, and they're going to be able to get a iot more done than they thought they couid, they can cail us up on that day and say, "Look, I've got a great day, I want to burn more. Is tha: okay?" And at thet point, we will know what else is going on in that air shed that day and couid give that 16 permission immediately over the phcr~e. 17 MR. REARDON: Okay

# . 18 I guess the only other thing I have 

### -- and I'm 19 not sure if I feel like I'm reading that there's a deal 20 that the fire needs to be put out by the end of the day 21 or it can't burn into the night. 22 

### Is that 

### -- or am I just making that up? 23 MS. TRUJILLO: That is not correct, actually. 24 There's no more ignition that's allowed. It's the 25 So it wouldn't always mean that you mi~ht be 25 ignition that's allowed in ventilation categories of 

# I KATHYTOWNSENDCOURT REPORTERS

### 2 ignlte during fair or poor. 

# 1 ,NRTHER CROSS EXAMINATION 

# I It's always considered to be poor ventilation 

### 3 BY THE BOARD: 

# El6 

# HEARING RE20.2.65, 1111

# 9/03



# 1 4 at night. You can also get a waiver for a night burn if

# 1 MS. DILLINGHAM: I'd like to know a little bi 4 5 

### 1 good or better, or if a waiver is obtained, you can 

# 1 5 there's good justification for burning at night. 

# 1 5 about the enforcement. 

# I 4

### 7 

### 1 Anyone else have questions from the audience?



# 1 Your neighbor, whose name is Mr. 

### -- 

# I MS. MC ELROY: What would you like to know? 

# I

MR. REARDON: Greg Moore. MS. TRUJILLO: 

### -- Mr. Moore, who was here yesterday, had concerns about sometimes wanting to set up what he called black lines at night. And in that case, a waiver request should be submitted to us, I would think well in advance of that, to give us an opportunity to talk to him, to see how many acres it's going to be, because it sounds like a fairly small amount. MR. REARDON: Right. I think, you know, a 100-foot black line, 100 wide, you know, at the most. And I think 

### it's just safer that way, from our point of view, because the humldity is up, and the 

# -- it's cooler, and 

### it's a lot harder 

### -- I mean, it's almost harder to ignite a fire when we do them in the spring, but late in the afternoon, it's not even worth trying to light one really. So it would be a real slow 

### -- just grass fire, 25 not 

### -- you know, there wouldn't be any trees involved 46 

### 1 and stuff like that. So it's not as smoky as it would 

### 2 be during the day. 

### 3 MS. TRUJILLO: And grass fires tend to t~ave a 4 lot less emissions than forest fires. It's fairly 

### -- 5 the emission factors are much less for grass fires. 

### 6 So we would look at that, we would look at the justification, and we would also look at the proximity to a population, and is there potential thet, you know, thet smoke could funnel down into a community. We've had reports from people in the Las Cruces area in the past of having their smoke alarms in their homes go off in the middle of the night from pecan burning during the season. That 

### is something we would iike to avoid happening. MS. DILLINGHAM: Does that conclude your questions, Mr. Reardon? MR. REARDON: I think that 

### -- MS. DILLINGHWl: It sounds like he's also 

### -- and I think you're probably 

### -- Mr. Reardon is typical of other ranchers and landowners, is they already apply reduction techniques, i.e. piling the trees, letting them dry out and then burning them. MS. TRUJILLO: Right. MS. DILLINGWIM: Any more questions from the MS. DILLINGHAM: I know 

### it's a new program 

### -- MS. MC ELROY: Yes. MS. DILLINGHAM: 

### -- and you're figuring it out. If you could again summarize for me enforcement. MS. MC ELROY: The enforcement would be handled like enforcement for'any other regulation that

we have. If we were to get a complaint 

### -- and I think these would largely be complaint-driven 

### -- we would check everything out to see that the appropriate paperwork had been submitted, that sort of thing, do an investigation if necessary, and if the situation warranted, there could be a notice of violation issued. As Rita noted in her closing, we certainly intend in the beginning to exercise enforcement discretion as we realize th~t everyone will be learning 25 about thii program, and we do understand that it will 

# ,A+

48 

### 1 take a while for people to get familiar with how to fill 2 the form out, what they need to do, and there's 

### a 3 learning curve there. 4 MS. DILLINGHAM: What are the fines 

### 5 associated? 6 MS. MC ELROY: 1t would be under our cbrrent civil penalty policy, which there's 

# -- there's a matrix that is taken into account for the gravity of the penblty 

### -- the gravity of the violat'ion, rather, determines the penalty, if it's severe, minor, that sort of thing.The maximum statutory amount is 15,000 a day. That's not something that we 

### -- that AQB assesses. Our fines are much lower than thet. But it would follow the current policy that we have. MS. DILLINGmY: Okay. MS. MC ELROY: And unlike open burning, the Air Quality Eureau will be doing a11 the enforcement fcr this. Sc we don't anticipate the field offices participating in enforcement actions. MS. DILLINGHAM: Okay. And you're basically going with the

the plain view doctrine? 

# 0

complaint-driven versus what I heard earlier, which was

25 Board? 

### 25 MS. MC ELROY: I'm not sure I understand. 

# KA-rl-W TOWSEND

# COURT REPORTERS

# EIB 

# HEARING RE20.2.65. 1111

# 9/03

MS. DILLINGHAM: You said that you would 

# -- 

# I I 51 Okay. There's no one else with technical the enforcement would primarily be complaint-driven? MS. MC ELROY: Yes. MS. DILLINGHAM: In the smoke management plan, 

### is there any wisdom that this plain view doctrine 

# -- using that? Have you considered that? Or is that not really an appropriate question? (Discussion off the record.) MS. MC ELROY: Oh, that we would enforce.by what we observe in driving by or something? I didn't hear her testimony, so i'm 

### -- MS. DILLINGHAM: Oh, sorry. MS. MC ELROY: I'm not familiar with that. Certainly, that's always an option, and other violations could come from some of the documents that wodld be required to be submitted. If those were ,I I ( faldified deliberately, that could result in a notice of violation. If someone burned more acreage than they said they burned, that could certainly be a violetion. , MS. SMITH: Gay, as a follow-up to that, can I ask her a question? MS. DILLINGHAM: Yes, please. Mary Smith. MS. SMITH: As a follow-up to the Chair's question, you said that if you determined that there was enough for you to issue a notice of violation 

### -- where 5

### 0 does your authority for the notice of violation come from? Do you have rules that implement the civil penalty provisions that are found in the statute? MS. MC ELROY: There is a statutory authority for that, and the civil penalty policy is part of our 

### -- jreah. It's just a policy. It's a document that's available on the web site. MS. SMITH: But does the Department have rules that perhaps the EIB has issued tt~at directs how.you

L ccl:e



### - enforcemenr actions under tne statutory provision that allows you to eiyher impose a civil penalty or to seek criminal penalties? Do you have any rules that address that, maybe somewhere else in your air quality rules? MS. MC ELROY: Not 

## -- not that I know of. MS. TRUJILLO: No. MS. MC ELROY: Sandra, do you want to 

# -- MS. ELY: I don't believe the statute directs the EIB to develop regulations. I believe it gives the Department the authority to do so without regulations being established. MS. SMITH: aut do you have any? MS. ELY: No, not that I know of. MS. SMITH: Oh, okay. Thanks. testimony, that has submitted an NOI. So I will ask if there's anyone here to testify with nontechnical testimony. I believe Sid was here earlier and left. I think I'd like to submit his comments into the record, since he's not here, and we will make it Goodloe Number 1, 

### is the exhibit. (Exhibit Goodloe 1 was marked for identification and admitted into evidence.) MS. SMITH: And, Madam Chair, General Counsel Hughes had asked for a copy of his comments, so if we

can be sure that we give the Department a copy of Mr. Goodloe's comments as well. MIS. DILLINGRAM: Okay. My. GREEN: Madam Chair, I'd like a copy of his comments. MS. DILLINGHAY: Okay. We'll copy and circulate his comments. I have one copy here. There's a third sheet. 

# 1 21 Andy Nowak was signed up for open 

# -- f,or smoke

22 management, or was that for open burn? 23 He's not here. Okay. 24 And Joni Arends 

### is also, I don't think, here. 25 Okay. 52



### 1 So it looks like we don't have any 2 nontechnical testimony MS. SMITH: Uniess someone hasn't signed up. MS. DILLINGIIAM: Unless someone has not signed up that would like to give nontechnical testimony. And I take that ss a no. I'd like the petitioner 

### -- does the petitioner h+ve closing remarks? MR. DOW: No closing argument. The Department does appreciate the Soard's wi?lingness to hear this hearing out of rurn, snc we ask that the Eoarc does render 2 decision now and that the Board grants the Department's petition. MS. DILLINGHAM: Thank you. 15 Knd I would like to remind the reporrer to 16 take Mr. Reardon's testimony from the open burning 17 hearing and insert it into the smoke management hearing. 18 So does anyone else %ant to make a closing 19 remark? 2

### 0 I don't think so because we didn't have any 21 other petitioners, any other testimony. 22 MR. GREEN: Madam Cheirperson, should we teke 23 a short break so we can look at Mr. Goodloe's comments 24 before we close the hearing? 25 MS. DILLINGHAM: Any more cross-examination? 25 MS. DILLINGHPfi: That's a decent idea. 

# KATHYTOWNSEND COURT REPORTERS

# ElB HEARING RE 

# 20.2.65, 

# I1119/03

53 So we're going to take a recess at 2:30 for 10 minutes. (Proceedings in recess. 

### 1 MS. DILLINGHAM: We are reconvening the hearing, EIB 03-08B, at quarter of 3:OO. First, I'd like to get some exhibits into the record. We've got Federal Land Managers Exhibit 1, Erock Number 1 and Good- 

### -- oh, we already did Goodloe. So we're set. (Exhibits Federal Land Managers 1 and Brock 1 were marked for identification and admicted into evidence.) MS. DILLINGKAM: I know I've asked you if you don't get 

## -- don't tell us about it, that's probably not considered an arson fire. But since it's not naturally ignited, and if you didn't get the notification and the registration,

# -1.

then we would call that an action that could be subject to enforcement. I hope,that answers that question. MS. DILLINGKAM: Yeah. I just brought that up because one of the comments in Mr. Goodloe's exhibit, he says, "Promoting fires due to unknown causes." ' How would you respond to that statement? MS. TRUJILLO: We have actually prepared responses to every one of those comments. Mr. Goodloe chose to submit just his comments and not his comments

questions if I could open that back up to 

### -- and you can either come up here or answer from where you are. I don't mind. I just read some comments that were Goodloe Number 1, and it reminded me of a question I had as I

was reading through the regulations of the allowing a natural fire or some kind of fire that was ignited accidentally to continue to burn. Is there a chance that we're creating 115 want to do closing statements, but I have a couple 

# 1

25 unintended sort of consequencez by perhaus somebody 15 eiong with our responses. We actually do have someone 

# 1

saying there was an accidental ignition or an sccidental fire that they just let burn, and there's rezlly no w- GY to prove whether it was accidentzlly started or not? MS. TRUJILLO: We dldn't actually think about that pcssibiiity in the stakeholder process. I gsess maybe we just assumed that people are honest. 1 guess 

### I 

### -- maybe that's why I'm not in the Enforcement Section. I guess that's all I can say. We didn't really 

### -- really address that. It would 

### -- you know, 

### 11 the section applles to naturally ignited wiidfire, not 12 to arson-ignited wildfire. 

# 1

13 So I guess 

### iZ we did find out that such a fire 

# 1 14 was ignited by another means and not naturally ignited, 

# I 15 if you look at the definition of wildland flre use, it

16 talks abut natrrally ignited fire. Then in that case, 17 that would probably be subject to 

### -- would be subject to 18 enforcement action. 19 MS. WARDWELL: But not by the Environment 20 Department. MS. TRUJILLO: Yes, by the Environment 22 Department, potential 

### -- well, if it's on your own land who 

### is right now furiously copping our responses to Mr. Goodloe's comments and is on her way here with those for you. If you look at Mr. Goodloe's comments, they're dated June 30th of this year. MS. DILLINGHAM: Okay. MS. TRUJILLO: We did have ample time to look at those comments, to include them in our deliberations

as a stakeholder group and to determine what, if any, 25 revisions'would need to be made. And our response5 5 

### 6 outline what those are. To be honest with you, that was so long apo now, I don't remember exactly point by point what our responses were to each one of those conments, but when she gets here wlth that, we'll have that for you. MS. DILI.INGI!!: Okay. And I can then put that into the record. MS. TRUJILLO: Certainly. MS. DILLINGHRM: Any more questions or cross-examination? Okay. Well, if I don't have any more, then 12 I'm going to close the hearing. So the record of 

### -- 13 speak now or forever hold our peace. Take a moment to 14 think about that. 15 MR. DOLW': Before you do close the hearing, 16 can I just ensure that we'll be able to introduce the 17 Department's responses to Mr. Goodloe's comments? 1 

### E MS. DILLINGPSIM: Yes. 13 Physically, how do we do that? Can I go ahead 20 and accept them even though they're physically not in 21 the room because she's driving them over? 22 MS. SMITH: Um-hum. 

# 1 23 and you do that, then probably just the Environment 

# I 23 MS. DILLINGHAM: Can I accept them now so we 

# / 24 Department, because I don't know that, you know, if 24 can close the record? 

# 1 I 25 you're starting a fire 

### -- prescribed fire, and you just 25 MS. SMITH: We can give it an exhibit number, 

# w-THY TOMSEND 

# COURT REPORTERS

# EIB HEARING RE20.2.65. 

# 11119/03

6 1 

### 1 or four times, or somebody will get frustrated and burn 2 when he shouldn't, because they've set up a deal when 

### 3 everybody shows up, you know, they have 20 pickups out there, and every government agency 

### is there, you know, and, well, we go home because it's not right. I mean, it's not right, the conditions are not right. So don't lock us down to where we can't be effective. CROSS EXAMINATION BY THE BOARD: MS. DILLINGHAM: I really appreciate your 12 bringing in the real life conditions, and I have a 13 couple questions. 14 Under this, when you start a burn, do you do 

### 15 it more or less in 10-acre increments? Even if you do a 16 bq,rq, how many acres will you do at a time? 17 

## ,'Id And then secondly, once you start that burn, how long does it take to physically finish from beginning to end? MR. MOORE: Well, that 10-acre increment deal 

### ' is totally 

## -- I mean, I burn up to 3,000 acres at a time in one day. Of pasture, I'll try to burn as much as I

can in one pasture. MS. DILLINGHAM: Okay. So you -- MR. MOORE: I mean, you wocld have to 

### -- how 62 could you 

### -- MS. DILLINGHAM: Do 10 acres at a time? MR. MOORE: Yeah. 3,000-acre pasture, I mean, you'd have to saw that thing up, look like a checkerboard or something out there. You'd lose more

crass than you'd save, you know. So 

### -- MS. DILLINGHAM: So this 

### is really the smoke management rules that we're discussing versus the open burning. You're in the smoke management. MR. MOORE: I moved over into smoke management. MS. DILLINGWX: Yeah. That's okay. MR. MOORE: I'm not going to be here tomorrow,

so I just wanted to get that in. MS. DILLINGHAY: I just vanted to clarify for the Board. hnd then once you starr the burn 

# -- since we have you here, once you start the burn, how long does it cake to complete it? MR. MOORE: You know, that 

### -- most what 

### -- you would like those burns co be over with by 5:00, because your humidity starts rising, and your effectiveness goes down. It depends what you're trying to do. If you're trying to kill young juniper and pinon trees and stuff 

### 1 temperature to be around 70 or above. 

### 2 And so basically, you'd like to be 

### 3 5:00 in the evening, 5:00 or 6:OO. MS. DILLINGHAM: What are the circumstances that you'd prefer the night burning? MR. MOORE: The only things I can think of is to put your black lines in before your daytime burn. That's an extremely safe time to do that. And they do that, put those in at night. You know what a black line is? That's 

### -- MS. DILLINGHAM: Please describe it. 12 MR. MOORE: 

### -- two strikes, and then you burn 13 in bethreen. So you've got a 50- or 100-yard black line 14 around your fire that you're going to do. And that's 

### 15 relatively safe. 16 And then burning wood piles at night. Say you 17 didn't wank to put black lines in, and you could burn all night, and you'd be relatively safe out there, because the humidity gets so high, and especially, say, in the wintertime or something like that, cold temperatures. MR. GREEN: I have a few questions. ' NS. DILLINGFAM: Mr. Green. MR. GREEN: Mr. Moore, thank you for sitting through all today, because we all know how painful th

# '1

64

was. The people putting it on and listening and everything else, it's very complicated. When you say maximum flexibility, I want to make sure that we understand what you m?an by that and which part of the'rules you're talking about, because I understand that you van: to be able to put black lines in at night, and that may be one change we want to look at, and that you may want to burn wood piles at night, and that may be one change we wznt to look at. Beyond that, I don't know what you mean by maximum flexibility. MR. MOORE: Can you help me on that, B. J.? What 

### -- something about two weeks nocice on some things and 

### -- MR. GREEN: If someone else is going to cover it later on, sir, that's fine. I just want to make sure

we have your concerns covered. MR. MOORE: You gave them that deal yesterday. MS. BROCK: I gave them thac yesterday. MR. GREEN: Okay. MS. BROCK: I gave them that yesterday, about the flexibility of what we're looking at with the 

# -,

information. What he's basically saying 

### is that we cancel 25 like that, well, you need humidity to be low and the 25 and we go the next day, we've got all these people. He 

# KATHYTOWNSENDCOURT REPORTERS

# EIB HEARING RE20.2.65, 11/19/03 I I I

wants to make sure that when we've got 20 pickups out 

### 1 who's burning, when they're burning and where they're 67 

# 1

real well. It gives me a 30-day window. I call the fire department and the state forestry and notify them what I'm doing. I just 

### -- I was hoping you don't put so many burdens on us that we quit, because we all know we got to reduce these fuel loads or the state's going to burn. MR. GREEN: Pnd I don't want to inadvertently there and you cancel the day before, that you can still burn the next day and have that option, because we have

a short window, as I testified yesterday. We have a real short window because we've got to do it because we have other concerns like water and rangeland. MR. MOORE: The permit system right now works

do~lsdmething without getting all your information. So ,I I i that helps me out that we have it covered. So thank you. MS. DILLINGHAM: And I have some questions, but I think I might want to wait until the next hearing in terms of if the permit used to give 30 days 

### -- well, let me go ahead and ask it. The permit used to give 30 days. What does this new rule do? It's a two-week 2 burning, so that we can evaluate the air shed impacts in 

### 3 an area. And I'll cover this all in my direct testimony 4 tomorrow on the smoke management regulation. 5 But we just are trying to get a handle on 

### 6 who's burning what day. If people notify us too far in 7 advance, we're afraid that the notifications may be even 

### 8 less accurate than a week in advance.

notice, but then once they give notlce, how long do they 66 have to actually perform the burn if there's un- 

### -- Ms. Trujillo 

### is going to answer that auestlon. RS. TRUJILLO: Yes, I am. The way we have it set up is the notification 

### 9 So, you know, we ask for large burns for 10 registration at least two weeks in advance or sooner. 11 We would prefer to have that sooner so that we can use 12 that in establishing annual emission goals as required 13 by the regional haze rule. 14 But we want to provide as much flexibility as 15 possible as well, and so we are allowing 

### -- you know, the day be ore, you can notify us that you'd like to 

# i burn on the next day. And that's just a notification, that's all. That can be a phone call. That doesn't require necessarily a form to be filled out and sent to us. It can be as simple as a phone call to an 800 number. We belleve we've built a lot of flexibility into this. Of course, time will tell. 

### It's a new program. We are trying to be flexible. I do want to 25 emphasize that. And I will emphasize that in my 6 6 

### 1 testimony tomorrow. 2 MS. DILLINGHAM: How does that sound to you, 

# I 3 Mr. Moore? 

# I

4 MR. MOORE: Well, I hope tnat some of the 

# I is given, end you can give up to seven days worth of 

# 1 5 stuff that I read that wind speed and 

### -- it sounds like 

# I notiiication, so in one notification period, and/or you 

# 1 6 they're reelly complicating, you kr~ow,what we want to 

# I

can give a notification the previous day for the next dey. You could do it either way. So if you're not sure which day you're going to burn, like in a seven-dey period, you can notify us a week 

### in adoence and just p~t thet burn on every single dzy and then 4ust let us know when you actuelly did 'that burn. So that's how the notification works. You can notify cs the day before, you can 

# -- or you can notify

cs up to a week in advance, and you can notify us 

# -- if you're not exactly sure it's gcing to be Tuesday or Wednesday or Thursday, you could notify for ell three cays and then just burn on the day that you actualiy can burn. MS. DILLINGHAM: So you're saying that the msximum is seven days, you can notify for seven days, or could you note 

### -- can you notify for more than that? MS. TRUJILLO: No. We want to be able to 

# -- do. I mean, we've got enough to worry about, and we're pretty responsible. I mean, if you tk~ink about it, who's hanging it out there if the fire qets away? You know, you might lose your ranch. So peopie tnet do this zre extremely responsible. MS. DILLINGHAM: They're chsrged with emissions, though, versus fires getting out of control. MR. MOORE: Right. MS. D1LLINGWU.I: So you hzve co 

### -- you're charged with different 

## -- MR. MOORE: I guess if I was here tomorrow, I'd say don't choke us to death on setting the fires with your emission standards, you know. If you set them

so strict on this and make it so complicated, well, we'll 4ust quit, and then I don't think anybody in today's world wants us to not 

### -- MS. DILLINGHAM: Um-hum. what we're trying to do 

### is to make sure that we know 

### 125 MR. MOORE: 

### -- reduce fuel loads some way or 

# KATHYTOWNSEND 

# COURT REPORTERS

# EIB

# HEARING RE

# 20.2.65, 

# I111

# 9/03 

# 1 1 another MS. DILLINGHAM: I agree. I do not want you to stop. MR. MOORE: Okay. MS. DILLINGKAM: So thjs does represent your point of view that B. J. Brock submitted yesterday. MR. MOORE: Yes. MS. DILLINGHAM: And we'll put it in the next hearing as well. And, B. J., will you be here tomorrow? MS. BROCK: Do you need me to be, ma'am? MS. DILLINGHAM: Only if you want to be. Only if you %ant to be. We will take thls into consideration, so you don't need to be. I was just wondering if you would be. MS. EROCK: Well, actually, the reason we were 17 here today was we were hoping that 

### -- 18 MS. DILLINGEAM: We'd get through it.

19 MS. BROCK: Yeah. Yes, ma'am. Basically, 20 because we're 

### -- 2 1 MS. DILLINGHAM: And your arrangement, you've 22 got to get back to your duties. 23 MS. BROCK: Actually, I'm going down south to

124 do another issue on water, and that's why I was asking.



### 25 MS. DILLINGKAM: Okay. Well, this is pretty 7

### 0 1 clear, and I ask all the Board members to really read 2 this and figure out how we could deal with lt tomorrow. 

### 3 Mr. Tso. 4 MR. TSO: Madam Hearing Officer, just a 

### 5 question of the gentieman. 

### 6 What does the land surface look like where 

### 7 your,ranch is located, the topography and the like? 

### 8 MR. MOORE: We have 6 lot of breaks, but 

# 1 9 essentially, it xas 

### -- 100 years ago, it was just a protection for wildlife or for the cattle, too. MR. TSO: Would you characterize the land surface as rolling hills or 

# --

p 

# T-~ sr*, 

# 1

MR. MOORE: Right. MR. TSO: 

# -- broken hills or things like that? MR. MOORE: A few canyons, a few feet canyons. MS. DTLLINGHAM: And how 

### )is your beetle infestation on your ranch? MR. MOORE: Beetle? MS. DILLINGKAM: The bark beetle? MR. MOORE: Oh. We had another beetle infestation. I thought, 9011, that aal is sharp. MS. DILLINGHAM: Oh. MR. MOORE: That wars the june bug beetle, got

me a couple years. But no; they haven't got 

### -- but I'm thinking about introducing some,of them over the way, take some over there with me. You know, but really our 

### -- it's not our pinon pines that are 

### -- it's the juniper which the bark beetle doesn't affect at all. I don't think anything sffeccs it, except fire, its Achilles heel. I mean, it doesn't 

# -- drought doesn't affect it, beetles. But fire gets after that juniper. MS. DILLINGKAM: Urn-hum. Is there anyone that would like to 72 cross-examine the witness?, MR. DOLAN: I don't have any cross-examination, but I would ask the Board to take

some sort of measure to ensure that this part of the

which includes the transcript. Perhaps it couId be a

# 1

record is placed in the record for tomorrow's hsaring,

small Volume 1 or an appendix. MS. DILLINGKAM: Tnank you for 

### -- is that 

### -- MS. SMITE: Mr. Dolan, are'you talking about 

# I 10 grassland with a few scattered pinones and pines and 

# 1 10 just Mr. Moore's testimony that you'd like incorporated 

# 1 pondercsas and junipers, and over the years Lhe trees have taken 30, 40 percent of the ranch. So we mechznlcally come in there and have done

some ~t~inqs, chemically. I don't like to do that. But I notice wherever mechanically we did something, there

was 10 cr 15 more trees than the one we pushed down. So I said, "Something's got to be done. This 

### 1s no: working. "So what we started dolng is following up mechanical with fire. And that ellminates all the dead 21 trees plus the little ones that come up. But we leave 22 plenty of trees. I mean, you're not going to do away intc tomorrow's hearin?? MR. DOLP3: I believe Mr. Moore 

## -- Mr. Moors's testimony and the questions that were derived from it, I think, are 211 from 

### -- well, are not from tomorrow's hearing but %ill be part of tomorrow's hearing. MS. SMITH: Okay. Okay. MS. DILLINGKAM: So that's possible? She can just 

### -- MS. SMITH: Um-hum. MS. CILLINGW: Thank you. Thank you, Mr. Moore. So I think for now 

### -- Jordan, would you lil 23 with 

### -- there's plots and things like that, which would 23 to give your testimony today, or would you like to 

### -- 

# I 1 24 be bunches of trees where the fire can't get. MS. VAUGHN: I can be here tomorrow. 

# I

25 So there's 

### still plenty of trees, plenty of 25 MS. DILLINGHAM: 

# -- wait until tomorrow? 

# wrH= TOWNSEND 

# COURT REPORTERS

# EIB HEARING RE 20.2.65, 11/19/03

73 1 MS. VAUGHN: Unless I'm the last one, then 2 I'll do it today. 3 MS. DILLINGHAM: Let me ask the Board what 

### 4 we'd like to do. 5 I'm fine if we continue another testimony, so 6 we don't have to make her wait another day. 7 Pnd yours 

### is on the 

### -- on this hearing, 

### it's 8 not on the smoke management? 

### 9 MS. VAUGHN: Yes, it is on the open burn. 10 MS. DILLINGHAM: Okay. 11 " JORDAN VAUGHN 12 having been first duly sworn or affirmed, was 13 examined and testified as follows: 14 DIRECT TESTIMONY 15 MS. VAUGHN: Thank you, first of all, for 16 listening to me and staying a little bit later. 17 My name is Jordan Vaughn. And I'm here 18 representing the Dairy Producers of New Mexico. I'm

20 It is simply that the Dsiry Producers would 21 like it on record that they are not in favor of the 22 proposed revisions to the Environment Department's open 23 burning regulations. 24 The Dairy Producers feel that the revisions 25 will result in unnecessary restrictions to open burning 

# 1

7 4 practices, that the proposed revisions are not flexible enough and that they may result in impractical and unsafe burning practices. MS. DILLINGHAM: Could you give us an example? MS. VAUGHN: The things that the Dairy Producers would be most concerned about is the inilqxihle time schedule of burning, of not being abie

tC 

# - -- of the Zwo 

### -- of having to give the two-week notice 

### -- or the 

### -- I understood it was a two-week 19 prepared to present nontechnical testimony.

notice for 

### -- MS. DILLINGFS94: >.re you burning less than 

### iO

acres at a time? MS. VAUGHN: Usually they're burning less than 10 acres. They 

### -- the Dairy Producers, a lot of them,

are farming, as well, but the primary use of burning would be like burning weeds out of ditches, burning 

### -- they have to have ponds to gather any storm water, would be burning weeds to keep those ponds clean. That's ?heir primary use of burning. So yes, less than 10 acres. MS. DILLINGHAM: But you theoretically miqht be in both smoke management and 

### -- MS. VAUGHN: Theoretically, yes. MS. DILLINGHAM: Do you have any more 75 

### 1 MS. VAUGHN: No. That's it. 2 MS. DILLINGHAM: Do we have any questions from 3 the Board for the witness, 

### Ms. Vaughn? 4 CROSS EXAMINATION 5 BY THE BOARD: 6 MS. DILLINGKAM: Any questions? 7 MR. TS~: No. I don't waht to show my 8 ignorance. , 

### 9 MS. HERRERA: I want to show mine. 10 MS. DILLINGHAM: Yes, Ms. Herrera. 

### 11 MS. HERRERA: Has there ever been a problem 12 with burning and the people that you're representing and 13 the Environment Deparrment? 14 MS. VAUGHN: As far'as air quality and smoke? 15 Is 

### -- 16 MS. HERRERA: Well, I guess in regard to the 17 current regs, has there been a problem? 18 MS. VAUGHN: No. The Dairy Producers are fine 19 with the current regulations. They aren't necessarily 20 opposed to changes to the regulations or updates to the 21 regulations. They're just not pleased with this 22 particular 

### -- these particular revisions. 23 MS. HERRERA: That you stated? 24 MS. VAUGHN: Um-hum. 25 MS. HERRERA: Thank you. 7 

### 6 MS. DILLINGHAM: If you wouldn't mind repeating 

### -- it was the two-week notice that you had an issue with. Was there 

### -- MS. VAUGHN: The two-week notice we were concerned about. We're also concerned about the restrictions to nighttime burning for the 

# -- because it's not as windy 

# -- because it's preferable to burn at night when it's not as windy And those were the two primary concerns. MS. DILLINGHAM: Okay. MR. GREEN: I jnst have a statement for che reccrd. MS. DILLINGHAM: Kr. Green. MR. GREEN: My first job ever was on a dairy ferm, and that was the hardest job I've ever had in my life still to date. So in sixth grade, the dairy farm beside our ranch. So that was cool. So I understand the considerations of not only trying to inkle out a living with that but also trying to follow these regulations. And we'll try to take all those considerations in to deliberate. MS. VAUGHN: Thank you. 25 testimony that you'd like to give? 

### 25 MS. DILLINGKAM: Do you represent a consortium 

# KATHYTOWSENDCOURT REPORTERS

# EIB HEARING RE

# 20.2.65. 11119/03

of smaller dairy farmers or the large-scale, more industrial dairy farmers? MS. VAUGHN: The Dairy Producers has approximately 160 members, and they are 

### -- in New Mexico,'it 

### is primarily family-run farms, but this 

### -- I guess the number of cows can range from a couple hundred 

# I

cows to thousands of cows. It's a wide range. MS. DILLINGHAM: Thank you. Does anyone in the audience have a cross-examination? Yes. Please state your name again. MR. NOWAK: My name 

### is Andy Nowak. CROSS EXAMINATION BY MR. NOWAK: MR. NOWAK: And I'd like to ask the witness, what kind of open burning do the dairy farmers carry out

.I1 

### : thei.e days? MS. VAUGHN: The primary open burning practices are for weed control and for ditches and for storm water ponds, because they also farm tc, you know,' produce feed for these cattle. Then they do 

### -- then they 

### -- then some of them, they also burn fields, but it 

### 's not as common. MR. NOWAK: But how many acres at a time do they burn, typically? 78 MS. VAUGHN: Typically, less than 10 acres. MR. NOWAK: Less than 10 acres. MS. VAUGHN: (Nods head.) MR. NOWAK: You stid that there's opposition to the regulation because of restrictions to burnlng at night. Are you aware that the current regulation says you can't burn except between 10:00 A": and 4:00 PM? MS. VAUGHN: Yes. So I guess thtt does 

## -- it would be a 

### -- so I apologize for that inconsistency. 

# I lo Because you asked if we were okay with the current regulations, and we would hope that in the new regulations that's something that would be 

### -- would be changed. MR. NOWAK: Are you implying that dairy farmers currently burn outside of the 10:OO AM to 4:00 PM schedule? MS. VAUGHN: I'm not implying that. MR. NOWAK: Oh, okay. MS. VAUGHN: They 

### -- MS. SMITH: Ms. Vaughn, could I ask you to direct your comments to the Board even though he's asked you the question? MS. VAUGHN: Okay. I'm sorry. interested in what your answers are. MS. VAUGHN: I'm not implying that they are not following the current regulations. l3 rrS, 

# 1

MR. NOWAK: So if they're upset that the neb rule says you can't burn at night, what were they thinking? I mean, what were they doing under the current rule? MR. GREEN: Madam Chair, that's been asked and answered.MS. DILLINGHAM: Would you like to answer that? MS. VAUGHN: I can just repeat that we are following the regulations that are in 

# -- doing our best to follow the regulations that are in effect now but that, like I am trying to express, we aren't saying that

we wouldn't approve any changes to the current regulationL, but we don't approve these, and one of the things that we don't like about these 

### is the night 

### -- is the restrictions to night burning. MS. DILLINGHAM: Okay. So you'd like to make that change in the rule. What 

### -- do you have a recommendation begarding the notice period? MS. VAUGHN: I don't have a 

### -- I guess just a general recommendation. They do like the idea of the --% 80 larper timeframe of when you can 

### -- when you can burn. MS. DILLINGHAM: Which would be the current structure. KS. TJNGHN: As it is ccrrently structured. MS. DILLINGHW: Okay. Mr. Dolan. MR. DrJLFN: I just have the same comment as I did about Mr. Moore's comments, that I think a number of Ms. Vaughn's comments actually belong in tomorrow's hearing, so they need to be Included in that record. MS. DILLINGHAM: Okay. So duplicate it for tomorrow's record. MR. DOLAN: Yeah. MS. DILLINGH&: Okay. Thank you for keeping track of that. It's a lot of intertwining bits of information here. hybody else has any cross-examination for the witness, from the audience? Yes, Ms. Lillis. CROSS EXAMINATION BY MS. LILLIS: 

## e. MS. LILLIS: Yes. Pat Lillis. I wondered where the two weeks 

### -- I can't fin^ the two weeks notice in here. 25 MS. SMITH: The Board is the one that's 25 Do you know where it is? 

# KATHYTOWNSEND COURT REPORTERSreference for that. 

# 1 having been first duly sworn or affirmed, was 

# I ElB 

# HEARING 

# RE20.2.65, 11/19/03

MR. GREEN: Madam Chair, if I might help, I 

# 1 examined and testified as follows: 

# I El MS. VAUGHN: I apologize. I don't know the

think that's,in 

# -- going to be in tomorrow's hearing. 

# I DIRECT TESTIMONY 

# I 83 

### 1 MIKE REARDON

MS. LILLIS: Okay. Yeah. I didn't just see 

# l MS. DILLINGHAM: Start with stating your name, 

# I it, and maybe this 

### is not 

### -- MS. DILLINGKAM: Open burning is also two weeks. (Discussion off the record.

### I MR. DON: No. There are no notification re,guirements eside from the fire department and 

### -- MS. VAUGHN: Then I apologize. I 

### -- that was incorrect on my pert. MS. DILLINGKAM: Okay. So in essence, the two-week notification that yoc're concerned about is not in the open burning regulation but in the smoke manapement hearing 

### -- MS. VAUGHN: Correct. MS. DILLINGKAM: 

### -- that will be conducted tomorroh'. KS. VAUGHN: So that was my misunderstanding, that that vould not be applicable to these smaller burns. MS. DILLINtHAM: Okay. Pad we will record your concerns and recommendations for tomorrow's 8

### 2 hearing. MS. VAUGHN: I appreciate that. 

### 6 please. 7 MR. REARDON: Mike Reardon, R-E-A-R-D-0-N. 

### 8 Correct me if I'm wrong, the smoke management 

### 9 is what we're dealing with first? 10 MS. DILLINGW.: Well, we're still in the open 

### 11 burning hearing. And I know 

### it's somewhat confusing. 12 That's for 10 acres or less and 1,000-cubic-feet piles or less. But if you have something to say about the smoke management, we will jhst duplicete yo'ur testimony and go ahead and insert it into.our next hearing. MR. REARDON: Okay. MS. DILLINGHAM: SO you can 

### -- MR. REARDON: Our family hes a ranch in northeastern New Mexico, at 

# -- 12 niles east of Wagon Mound. We have been in a pretty serious brush control program, watershed restoration program for about the last five years. I just 

### -- I guess what I wanted to say is that burning of' brush piles, burning of the land as a whole, 8

### 4 I think, is a really critical factor In how this stuff is going to work. And I think most people are not really aware of what brush 

### is doing to our country, especially you notice here in Santz Fe with the beetle-type stuff. My feeling is that's just another way that Mother 6ature-s teken action, and it swings from one end of the pendulw to the other. Exc~se me if I'm a little unprepEred. MS. CILLINGHAM: No. That's okay. We're pretty 

### -- take 

### your time. MR. REARDON: What I've done is we've 

### -- at

our ranch, we've cleared several thousand acres now. I stzrted doing it by hand, and I've progressed on to where I'm using equipment and fire. I burned the whole ranch in 1998. MS. DILLINGHAM: Tell me agzin the size of the ranch. MR. REARDON: It's 7,000 acres. MS. DILLINGHAM: Okay. MR. REARDON: We do it in the spring, when 

### it's a cool fire. So it's not 

### -- or the chances of a catas~rophic fire are much less. I think it's 

# -- I think it's probably the only 

# ) 25 25 way that we can control brush cost effectively on a 

# KATHY

# TOWNSEND 

# COURT REPORTERS

# El

# B HEARING RE

# 20.2.65, 1111

# 9/03

I I 8 5 large scale, you know. And I look at our 7,000 acres, and I would say that's pretty small scale based on what's out there for everybody to take care of. We've noticed some pretty big changes on our place just from what we've done, as far as grass coming back and areas that were especially affected by the 

### 1 different it 

### is then. And I have an aerial photo back 2 in 1945, and I bet you there's 80 percent fewer trees in 3 1945 than there 

### is today. 4 And I think people 

### -- just llke myself, I

# '1

wa 5 the same way. You know, you walk out there and think 

### 6 this 

### is the way Mother Nature wants it, and this is a homesteaders that were old bean fields, places that were

# 1 7 ,beautiful pinon, juniper forest, but 

### it's multiplying at

# I plowed up to generate dirt to make holding ponds and 

# 1 8 leaps and bounds to where 

### -- an example I use is if you 

# I that type of thing. You know, in a matter of years as dry as this year, you know, you can notlce a difference. I think 

### it's crucial to take care of this, because if people look at the pinon, juniper trees and what 

## -- how they affect a watershed, and you look at millions of acres just in the Rio Grande watershed, there's millions of gallons that never get to the river, 

### is my feeling.

,ll' !

, Under this burn program, I talked to Rita 

### -- MS. TRUJILLO: Trujillo. MR. REFRDON: 

### -- Trujillo 

### -- are you Rita? MS. DILLINGw: That's Rita. MR. REARDON: 

### -- for a very long time. Pnd she had me convinced that they're in an effort to try and do the same thing we're doing. And I can understand the restraints the federal government puts on th'e air 25 quality to affect that, and she aot thet across very 86 

### 1 well. 2 So I just want to make myself heard that I 

### 3 hate to see them put so many limitetions on it that it 4 can't be done, you know, because I think so meny 

### 5 people 

### -- I was going to burn again this spring, which 

### 6 it's been so dry now that we cidn't qenerate enough gress to do ic, but I'd like to be on a five-year burning program. And I 

### -- it 

### is so difficult to find a window of opportunity where the weather 

### is righ:, the temperature's high enough, ic's not too high, it's not too cold, the wind's right or the wind's coming out of :he right direction, so it doesn't go across the highway and end up with a wreck on the highway and 

### -- I mean, there's a lot of things. I think a lot of people are really afraid of burning, which they should be. It's a pretty risky thing, I think, to a point. But 

### I think if 

### it's done right, and it's 

# -- it's the most economicel, surest way, because I think that's the way Mother Nature intended 

### 9 .had 20 trees today, and those trees doubled every 10 year 

# -- which 

### it's not a true statement, they don't 

### 11 double every year, but just for the sake of 12 conversation 

### -- if they doubled every year, in 20 years 13 you'd have i0 million trees. 14 And 10 years 

### -- it's just a very slow process. 

### 15 You know, some people that lived back 100 years ago: they say, "Well, there wasn't that many trees here." ~ebl, there wasn't. And for a long time, there wasn't. But mathematically, that number finally hits a threshold, and it m~ltiplies by unbelievable numbers, you 'know.And I've always used the example that I've heard that we're losing our rangeland at 1 percenc a year, and I don't think that's true anymore. You know, 1 think we've reached this threshold, and it's increasing so rapidly that 1 think everything has to 

### $- 

# 4 88 done tc get after those trees. You know, I mean, i'm as much an environmentalist es anybody, I think, and 

### -- MS. DILLINGm: So you're burning more than 10 acres at a time, generally. MR. REARDON: Yeah. When we burn, we burn the whole ranch, not in one shot, but it took us about 10 days to burn the whole ranch. 

### NS. DILLINGFAM: And you szid you're also 

### 9 using mechanical means. 10 MR. REARDON: And we use mechanical meens. I 

### 11 use a Bobcat and 

### a front end loader. So the Bobcat, I pull the trees, the trees come out of the ground, we leave them lay sc 

## -- they take trees from beer can size to six feet, and I leave them lay, because it will generate a little microenvironment under them, and the water comes down, and it makes the grass grow twice

as 

### -- three or four times better than it did if you didn't have that. So I think it.increases seed production and that type of thing. I21 it. And then on the years that we're not burning, 

# 1 22 You know, I use an example on these trees, and 22 we use the Bobcat and the front end loader, and we pl 

# 1 23 

### it's not a real 

### -- it's not a true statement of how they the bigger trees with the front end loader, and we pus;. 

# I 

# 1 24 grow, but I have photographs of our ranch back in the 124 them into piles, let them dry for a year, then we burn 

# I

25 '60s, and I mean, 

### it's 

## -- it's unbelievable how 25 the piles, which are anywhere from six to probably 20 

# KATHY

# TOWlVSEND COURT REPORTERS

# EIB HEARING RE20.2.65, 11/19/03

, 1 

# I 1 trees per pile. 

# I I And then we go back and regrade where the 

### -- 

# I

C. 

# 1 3 where we burned it, because 

### it sterilizes the soil, and 

# I 1 4 then we reseed it, which at our ranch we're reseeding 

### it

# I 1 5 with cool season grasses, which that country doesn't 

# I

6 have a lot of cool season grasses. 

# I

MS. DILLINGHAM: Um-hum.



### 8 Did Ms. Trujillo explain to you the new 

### 9 regulations? And if she did, do you have specific 10 recommendations for that that you'd like to share with 

### 11 US? 12 MR. REARDON: I think really the only thing 13 that I have a problem with from talking to her was just 14 that the window of opportunity, how many times we have to reapply if we miss that opportunity, because we rel~l&y do 

### it on an 

### -- almost an hour-to-hour thing. 

## ! 

# ' I mean, you wake up one morning, and 

### it's 

# -- the weather's right, and there's no wind, and 

### -- like last year, I helped a neighbor of mine burn also, and you know, I think we only had two days in the whole spring that we felt were ideal days to do it, you know. So I think 

### it's really hard to 

### -- you know, if you miss the deadline or, you know, your deadline's up, and the next day is a great day, and you don't have it, and they say, "Well, you can't burn," and 

### it's like 

### -- 1 in the process where you're giving direct tr3timony. 

# I

2 MR. REARDON: Okay. Okay. 

# I

3 MS. DILLINGHAM: But you can a3k that to tho 

# I

4 Envzronment Department outalde of your tratlrnony. 

# I

5 MR. REARDON: Right. Okay.

, 6 Ms. DILLINGHAM: Does the Board have 

### -- does 1 that complete your testzmony? MR. REARDON: I think so. MS. DILLINGHAM: We'll open it up for questions.

I vant to thank you for making it here and sharing your experiences and concerns. MR. REARDON: Yell, thanks for letting me In, because I didn't knov lf I'd make lt in the small window

I have. So I appreciate it. 16 Ms. DILLINGHAM: Yeah. So I'm going to let 11 thelBoard 

### -- I£ they have any questions for you. 18 CROSS EXAMINATION 19 BY TAE BOARD: 20 MS. DILLINGHAM? Anybody? 21 Mr. Green. 2P MR. GREEN: Again, thank you for comlng up 23 here, because it really is helpful to ger some real life 24 experience up here when we're trylng to figure our all 25 these, you knov, regulations on blank pieces of paper

KATHY T O U N S E N D C O U R T REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New nexlco 81102 (505) 243-5018 - Fax (5051 243-3606 

# I 1 it's so difficult to get those days. If there was a way 

# I

52 

# 1

to have a longer window of opportunity, I think it would help a lot of people that.are in that 

### -- MS. DILLINGHAM: Okay. That's specific. Thank you. MR. REMDON: And I don't 

### -- you know, I don't know 

### -- I guess the thing that scares me about it 

### 1s 

### -- I mean, I think it has to be done, but I think in time air quality will become so bad just from how many people there are that 

### it will shut all that stuff down. You know, and I don't know if that's true or not, but it just seems like we're generating whaiever it 

### is, carbon monoxide, smoke from California, you know, those type of things. And I guess those things also have an effect on us as well. Is that true? I don't know the answer to that. And there's 

## -- if they have a big fire in California, and it stays hazy for six months, then we don't get to burn at all, correct? MS. DILLINGWIM: I shouldn't answer for you. MR. REARDON: I don't know. So do we have 

### -- here, and, you know, it's 

### -- so it's good to have people like yourself come up here. Ye heard testimony that right now the window of opportunity is about 30 days, and what the Department vanto tq do is drop that vindov of opportunity and say that you would apply for every day for the next seven. Is that 

### -- what do you think about that, sir? Yoc covld say, "I plan on burning every single day this" 

### -- of course, you wouldn't burn every single day, but "I plan on burning every xinglr day for this next week; and then that's what you'd get your permit for, the upcbming week.

I'm doing that right, I thin)..

MR. REARDON: Right. AGd I 

### --

, MR. GREEN: And then that vould allov you that entlre veek that would be your vindov of opportunity

versus a 30-day where 

### -- and I unaerstand part of the problem vith the Environment Department 

### -- if there's this hlgh smog day in the Four Corners re~ion,they may not vanr you to burn on that same day. because 

### -- MR. REARDON: Righ;. MR. GREEN: 

### -- of the visibility issues and particulates and all sort5 of other thlngs. But vithin

a veek. they think they can control thax.

Does that 

### -- would that work for your

KATHY TOUNSEND COURT REPORTERS 

# I 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 MS. SMITH: He can't ask questions of them. I5051 243-5018 

### - Fax 1505) 243-3606 MS. DILLINGWIM: Yeah. Unfortunatelv, we're 

# I I

# El

# B HEARING RE20.2.65, 1

# 1119/03 

# 0

1 Operation, slr? 2 MR. REARDON: Yes, I think so. 3 And I can't remember. I'd have to rely on 4 you, if I can ask you. 5 us. SMITH: ~um-um. 6 MR. REARDON: But if you can 

## -- you know. is 7 it ju$t P phone call that we make? 8 Which I think that's the way it was. so it's 9 not like reapplying every time. 10 MS. DILLINGHAM: I'd like to ask you, if you 

# I 11 have same time 

## -- we're going to start the smoke 

# I

12 management hearing as soon as you're done 

### --

13 MR. REARDON: Okay. li MS. DILLINGHAM: 

### -- and they're going to start 15 wlth testimony. I think you might learn quite a blt if 16 you can atick around for a little while. 17 MR. REARDON: Okay. 18 MS. DILLINGHAU: And then you could also ask 15 them questions as we ask them questions. 20 MR. REARDON: Okay. That would be fine. 21 MS. DILLINGHLM: Fair enough? 22 23 24 2 5

KATHY TOWNSEND COURT REPORTERS

110 Twelfth Street, Northwest, Albuquerque, New Mexico 07102 15051 243-5018 

### - Fax 15051 243-3606

1 STATE OF NEW MEXICO 1 1 ss. 3 COUNTY OF BERNALILLO 1 4 5 6 I. CHERYL ARREGUIN, the offlcer before whom the 7 foregoing proceeding was taken, do hereby certify that 6 che ritnecsea whose testimony appears in the faregoing 8 transcript uere duly sworn or affirmed; that I 10 Persontlly recorded the testimony by machzne shorthans; 

# I

11 that said transcript is a true record of the testimony 

# I

12 given by said witnesses; that I am neither attorney nor 13 counsel for, nor related to or employed by any of the 14 parties to the action in which thls proceeding is taken, 15 and that I am not a relative or employee of any attorney 

# I

16 or counsel employed by the parties hereto or financially 17 interested in the action. 

# QRfQ[N,&L

# SiGNED

18 

# CfiEH)'h

18 NOTARY PUBLIC 2 0 CCR License Number: 21 Explrea: 12/31/03 21 22 Hy Commission Expires: 12/10/03

KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 1505) 243-5018 

### - Fax (505) 243-3606 I I 

# KATHYTOVVNSEND COURT REPORTERS

# KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018 

# - Fax (505) 243-3606 1

# - 4:4, 4:14, 4:18, 3 

# - 4:6, 10:8, 12:2 aerial 

# - 87:l answered

# - 79:9 4:20,.30:13, 30:16, 3,000 

# - 61121 abatement

# - 16:17 affect

# - 34:20, answering 

# - 7:8 51:8, 51:9, 53:8, 53:9, 3,000-acre 

# - 62:3 able

# - 26:17, 30:4, 71:20, 71:22, 85:13, answers 

# - 557, 53:11, 53:20, 72:7, 30

# - 414, 415,416, 33:1, 36:8, 36:14, 85:25 79:l 87:22 4:7, 43, 4:9, 4:10, 36:18, 43:11, 44:10, affected

# - 10:2, anticipate 

# - 48:19

1,000 

# - 5:20, 9:8, 12:8, 22:20, 6521, 56:16, 64:6, 66:24, 16:2, 26:12, 26:15, apologize 

# - 78:10, 18:6, 18:lO 65:23, 70:12, 92:4 74:7 34:2, 85:6 81:1, 81:12 affects

# - 71:20 appeal

# - 32:3 affirmed 

# - 6:23, appear

# - 28:8 30:25, 31:2, 585, appendices 

# - 33:21 73:12, 83:2, 94:9 , 

### appendix 

# - 38:3,

afraid 

# - 67:7, 86:16 38:6,72:7 afternoon 

# - 4522 Applicability- 

### 18:3 62:2, 70:16, 74:11, applicable 

# - 81:22 application 

# - 23:14

ago

# - 15:5, 156, apply 

# - 5:19, 6:10, 405, 56:2, 58:16, 19:10, 23:4, 26:11, 100- 18:3, 18118, accordance

# - 6:2 70:9, 87:16 44:4, 46:20, 92:6 28:16, 32:13, 4517, agree

# - 57:21, 69:2 applying 

# - 40:22 agreement

# - 40:14 appreciate 

# - 52:10,

. 

### agricultural

# - 10:4, 61:11, 82:2, 91:15 10:6, lO:ll, 16:7, approach 

# - 135 16:16, 29:15, 36:12, appropriate

# - 17:9, 20:19, 31:17, 3523, 102

# - 19:9, 19:15, Agriculture- 

### 10:14, 37:16, 47:18, 49:7 acres

# - 520, 9:8, 10:17, 37:9 approve 

# - 79:16, 103

# - 19:9, 23:4 18:5, 18:9, 18:18, agriculture

# - 10~22, 79:17 28:16, 32:13, 39:7, 16:16, 60:lO approved 

# - 1512, 39:10, 39:11, 42:23, ahead

# - 30:24, 23:11, 29:2 435,4514, 58:11, 56:19, 6522,83:16 Aqb- 

### 48113 61:16, 61:21, 62:2, Air- 

### 524,7:22, Arcadia- 

### 14.14 74:12, 74:14, 74:20, 8:14, 8:17, 8:18, area

# - 22:12, 26:16, 113-page

# - 33:20 77:24, 78:l. 78:2. 14:17, 21:16, 48:18 34:10, 40:15. 46:11, 83:12, 84:13, 84:19, air 

# - 525, 13:6, 67:3 85:1, 85:14, 88:4 1519, 16:22, 18:1, areas

# - 28:5, 37:16,

Act- 

### 5124, 5125 21:14, 258, 25:18, 58:23, 856 action

# - 54:18, 55:5, 25:20, 27:4, 363, Arends- 

### 51:24 84:7, 94:14, 94:17 36:9, 36:13,40:23, argument 

# - 52:9

actions 

# - 2491, 41:20, 43:12, 43:18, arrangement

# -

17

# - 11120, 12:l assesses 

# - 48:13 assessing 

# - 28:21 Assessment- 

### 12:12 assist

# - 2519, 19:4, 36:2, 42:16, 28:20, 30:2 additional 

### - 7:6, 44:24, 44:25 assistance

# - 24:14, 33:16, 34:24, 351

Assistant- 

### 2:7, 2:12 assists

# - 3312, 2 

# - 4:5, 8:23 74-1-8.a.(4 

# - 5:23 11:6, 23:13, 38:24, 21:13, 28:22, 50:ll 33:13 2.5 

# - 11:lO 74-2-7

# - 5124 41:8, 50:13. 54:lO almost 

### - 4520, associated

# - 10:25, 20

# - 11:25, 38:1, 75

# - 3120 addressed

# - 18:22, 89:16 12:17, 356, 48:5 38:2, 61:3, 65:1, 87:9, 77 

# - 3121 28:13 alternative 

# - 23:18 Association- 

### 10:14, 87:12, 88:25 addresses 

# - 11:5 alternatives

# - 23:17, 17:17, 17:19

20.2.2 

# - 18:2 

# 8 addressing 

# - 36:16 23:19 assumed 

# - 54:6 20.2.60 

# - 5: 18 adequate 

# - 13:14 ambient

# - 13:17 assure

# - 6:4, 10:5, 20.2.65 

# - 1:5. 4:4, 8 

# - 3:7,4:12, 5711, adjourned 

# - 57:25 amenable

# - 31:23 13:14 5:2, 5:7. 515 57:4. 57:6. 57:ll administer 

# - 6:20 Amendments

# - 1:5 assurins 

# - 12:25 admitted

# - 30:17, 51110,53:12, 57:7

adopt

# - 5:25, 7:18 advance

# - 24:18, 4512, 59:15, 66:11, 66:16, 67:7,67:8, 67:lO

advanced

# - 24:19 adverse

# - 12:9, 12:17, 12:19 adversely

# - 26:15 32:1

advisory

# - 26:14, 80

# - 87:2 800

# - 17111,29119, 38:7, 67:21

81

# - 3122 83

# - 3124 87102

# - 2:9 87505

# - 2:14 

# 9 91

# - 3125 

# A I 

### '60s

# - 86:25 

# 0



# . 03-08a 

### - 6:16 03-08b

# - 113,514, 5:6, 535 

# 1 amount

# - 19:1, 25:15,26:3, 353, 43:9, 45:15, 48:12

amounts

# - 18:15 ample

# - 5522 Andy- 

### 51:21, 77:12 announced 

# - 12:6 annual

# - 22;1, 29:2, 67:12

answer

# - 7:21,7:22, 7:24, 34:23, 39:20, 90:16, 90:21 53:17, 66:2, 79:10, 20.2.73 

# - 3114, 5812 2003 

# - 1113 21

# - 94120 23

# - 11 :25 24- 

### 11:25 24-hour

# - 1l:25, 12:3, 12:7, 12:13 25

# - 12:13 2:30 

# - 53:l 2:55 

# - 57:25 

# 3

# KATHY 

# TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 asthma

# - 12:22 attack

# - 12:20 attempt

# - 10:5, 10:24 attempting

# - 16:19 attention

# - 11:3 attorney

# - 9412, 94:15

Attorney- 

### 2:7,2:8, 2:12

audience

# - 47:1, 77:9, 80:18

authorities

# - 59:13 authority

# - 20:11, 20:12,20:14, 20:18, 20:19,20:22, 25:10, 27:15,50:1, 50:4, 50:20

auxiliary

# - 19:l available

# - 7:21,



# (505) 243-5018 

# - Fax (505) 243-3606 boundaries

# - 4:9, comment 

### - 7:6, 80:7 18:9,19:16, 19:22, Comment- 

### 4:12, comments

# - 9:23, 51:6,51:12, 51:14, 51:17, 51:19, 52:23, 53:19, 55:9, 5513, 55:14, 55:17, 55:19, Center- 

### 15:76

Commission- 

### 94:22 commitment

# - 29:l 53:9. 53:11,64:19, 21:4,21:5,21:18, Committee- 

### 8:18 beautiful

# - 87:7

community

# - 10:6, Chairman- 

### 5:3 29:15, 37:2, 38:19, 43:3,43:24,455, 46:13,46:22, 48:17, compare

# - 5711 1 52:16,60:4, 60:6, compassion 

# - 32:21 60:12,60:15, 62:9, Compilation

### - 4.12 63:5, 63:16,67:1, complaint

# - 47:16, 67:2, 67:6,73:23, 47:17,48:23, 49:2 73:25, 74:3, 74:7, complaint-driven

# -

compliance

# - 7:23, beside

# - 76:18

component 

# - 16:25

choose

# - 18:15, concern

# - ll:lO, bits

# - 80:15 black

# - 45:10, 45:17, 60:7, 60:17, 63:7, 63:10,63:13, 63:17, 64:6

blank

# - 91:25 Blm

# - 33:7 Board- 

### l:l,1:15, 2:3, 3:10, 3:12,3:17, 3:20, 3125, 5:11, 5:22, 7:18, 10:17, 15:13, 29:6, 31:5,31:6, 39:19,46:25,47:3, 52:11, 52:12,57:9, 57:10,57:19,61:10, 62:16,70:1,72:3, 73:3,75:3,75:5, 78:22,78:25,91:6, 91:17,91:19

board's

# - 6:3 61:17, 61:21, 61:22, 62:17,62:18, 63:7, 63:12, 63:17,643, 65:3,65:14, 66:1, 66:10,66:11, 66:13, 66:19,66:20,67:17, 73:9, 763,77:22, 77:25,78:8, 78:16, 79:5, 80:1, 85:17, 86:5,88:5, 88:7, 88124, 89:19, 89:25, 90:20,92:9, 92:20

burned

# - 17:6, 18:24, 19:4,25:15, 26:3, 32:18,43:2, 43:15,43:16, 49:18, 49:19, 84:15, 89:3

burner

# - 13:13, 21:5,22:14,22:23, 23:16, 24:3, 24:5, California- 

### 1 l:24, 12:11, 14:14, 1615, 36:11, 90:13, 90:19

calm

# - 44:l cancel

# - 64:24,65:2 cannot

# - 13:ll canyons

# - 71:6 capabili 

### 24:20,26:yi

### 21 I



### capable

# - 33:lO Capitol- 

### l:15,5:9 carbon

# - 11:9,90:13 cardiac

# - 12:20 care

# - 85:3, 85:11 carry

# - 77: 16 case

# - 24:3, 24:23, 27:10, 31:18, 323, 32:19,39:17,42:13, 45:ll. 54:16

case-by-case

# - 50:5,50:ll Civil- 

### 6:9 clarify

# - 62:15 clean

# - 16:21,74:18 clear

# - 36:1, 36:7, 70:1

cleared

# - 84:13 close

# - 39:15, 40:25,41:5, 52:24, 56:12, 56:15,56:24, 57123

closing

# - 28:25, 39:16,47:22, 52:8, 52:9, 52:18,53:15

Clovis- 

### 29:15, 34:lO

co

# - 8~17, 40114, 42:15

co-chair

# - 8:17 co-op

# - 40:14,42115

# KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018 

# - Fax (505) 243-3606 91:12

conclude

# - 46:15 condition

# - 16:13 conditions

# - 13:14, 16:11, 3518, 35:21, 44:9, 59:7, 59:18, 59:23, 61:6, 61:12

conduct

# - 17:10, 20:4,22:9, 22:10, 255,26:22, 26:24, 27:1, 59:6

conducted

# - 6:2, 22:7, 22:19, 59:23, 81:19

conducting 

# - 17: 19, 58:lO

confusing

# - 83:ll conifer

# - 11:19 consensus 

# - 42:17 consequences

# - 53:25

conservation

# - 8:9 Co sgrvation

### 10:Tg' 'l0:19,41:12, 41:1$11:16

consider 

# - 5:6, 6:16, 10:24,23:16

consideration

# - 60:21, 69:14

Consideration

### 23:19

considerations 

# - 76:19, 76:22

considered 

# - 453, 49:6, 552

considering

# - 12:7 considers 

# - 25:23 consortium

# - 76:25 construct

# - 13:4 consultation

# - 27:2 consumed 

# - 11:19, 26:4

consuming

# - 13:lO contact

# - 20:12, 20:24, 40:lO

contained 

# - 23:3 continue

# - 21:6, 53:23, 735

control

# - 13:3, 68:14,77:19, 83:21, 84:25, 92:24

Control- 

### 525, 14:19 controlled

# - 36:18, 40:24, 58:10,59:3, 60:25

controls 

# - 1522 convened 

# - 9:13 conversation 

# - 87:12

convinced

# - 8522 COOI 

# - 76118, 84122, 895,89:6

cooler

# - 4520, 60:9 cooperative 

# - 17:8Cooperative

### 10:16,375

copy 

# - 51:12, 51:13, 51:16, 51:18, 51:19

copying 

# - 55:16 Corners

# - 92:19 Correct- 

### 81:18, 83%

correct

# - 8:24, 14:22,32:9, 39:13, 44:23, 90:20

Corvallis

# - 1O:24 cost

# - 2815, 34:22, 38:19, 84:25

Costilla- 

### 10:17 92:4 daytime

# - 63:7 de

# - 11 :24 dead

# - 70:20 deadline

# - 89:23 deadline's

# - 89:23 deal

# - 4419, 61:2, 61:20,64:18,70:2

dealing

# - 83:9 death

# - 12:23,68:19 debated

# - 12:14 Debra

# - 3:5,7:20, 30:25, 31:l

decent

# - 52:25 decide

# - 26:21, 27:7,42:16,43:2, 44:7

decided

# - 41:19, 41:22,41:25

deciding 

# - 221 decision

# - 27:12, 32:4, 52:t2,59:17

decisions

# - 27:l decorum

# - 6:12 deer

# - 58:21 defined

# - 18:2, 22:ll

defines

# - 17:25 definition 

### - 5415 degree

# - 14:13

# i delay 

# - 35:18 deliberate

# - 76:23 deliberately

# - 49:17 deliberations

# - 5523, 57:lO

demonstrate

# - 13:2 Department- 

### 2.1 1, 2:13, 514,7:17, 9:13, 10:14, 10:17, 12:24, 13:12, 13:24, 16:6, 16:12, 16:23, 17:15, 21:3,21:6,21:9, 21:13, 21:20, 21:23, 21:25,22:25,23:10, 24:4,245,24:9, 24:15, 24:25,2312, 2514,2517,26:13, 26:21, 26:25,27:2, 27:11, 27:14, 27:21, 28:20,293,30:1, 30:19, 32:7,33:1, 34:21, 37:7,37:9, 37:15,43:11, 503, 50:20, 51:13,52:10, 54:20, 54:22,54:24, 57:1, 57:3, 75:13, 91:4,92:4, 92:18

department

# - 65:10, 81:ll

Department's

# - 7:25, 14:4,52:13, 56:17, 57:4,57:11, 73:22

depict

# - 13:7 derived

# - 72:13 describe

# - 34:1, 63:11

described

# - 9:12, 23:23

designated 

# - 5.1 1 designed 

# - 11:6, 12:5 detailed

# - 6:15 determinations 

# - 32:7

determine

# - 13:13, 24:16, 33:15,38:4, 5524

determined

# - 49:24 determines 

### - 48:10 costs

# - 3911 Council- 

### 8:17 counsel

# - 94:13, 94:16

Counsel- 

### 2:13, 51:11

country

# - 84:4, 895 County

# - 94:3 couple

# - 14:16, 53:15, 61:13,71:15, 77:6

course

# - 11:8, 17:12,59:14,67:23, 92:9

court

# - 6:20, 7:5 cover

# - 5:18, 19:3, 64:15,67:3

covered

# - 64:17, 651 7 COWS 

# - 77:6, 7717 created

# - 9:19 creating

# - 37:21, 53:24

creeks 

### - 58:22 Creighton- 

### 8.11 criminal

# - 50:12 Cristos- 

### 11:24 criteria

# - 24:25 Criteria-

### 4:10 critical 

# - 84:l crops

# - 16:16 cross

# - 30:19, 31:7, 50:25, 56:10, 72:1, 72:3, 77:10,80:17

Cross- 

### 3/10, 3:11, 3:12,3:17,3:20, 3:21, 3:22,3:25,31:4,40:1, 47:2, 61:9, 75:4, 77:13,80:20, 91:18

cross-examination 

# - 30:19, 50:25, 56:10, 72:3,77:10, 80:17

cross-examine 

# - 31:7,72:l

Cruces- 

### 10:23, 29:15,46:ll

crucial

# - 8511 cubed

# - 12:4, 123, 12:14 cubic 

# - 520,9:8, 12:1, 12:2, 18:6, 18:10,23:6 cumbersome 

# - 6:7 current 

# - 12:10, 14:21,48:6,48:15, 751 

### 7, 7519, 78:7, 78:11,79:3,79:7, 79:16,80:2

curtailed

# - 42:2 curve

# - 48:3 cut

# - 42:23 

# D daily

# - 27:14 dairy

# - 76:15,76:17, 77:1, 77:2, 77:16, 78:15

Dairy

# - 73:18, 73:20, 73:24,74:5,74:14, 7518,77:3

date

# - 2513,76:17 dated

# - 55:20 days

# - 155. 156, 21:5, 21:7,22:19, 22:20,24:18, 26:14, 39:11,43:22, 65:21, 65123,6615,66119, 66:22, 77:17, 88:7, 89:20. 89:21, 9O:l. determining

# - 11:21,2519

develop

# - 22:1, 34:18,50:19

developed

# - 9:21, 17:15,24:15, 24:25, 29:22, 33:24, 37:14

developing

# - 9:13, 17:3, 175, 17:7, 17:20

Development- 

### 4:14 diameter

# - 19:18 difference 

# - 85:10 different 

# - 153, 33:22,41:4, 68:17, 87:l

difficult

# - 30:1, 86:9,90:l

difficulty 

# - 41:24 Dillingham

# - 2:4, 51,53,5:10, 30:14, 30:23,31;6,32:25, 33:17, 33:25, 34:19, 353,35:lt,36:21, 37:20,38: 8. 39.2, 39:6, 39:15,46~15, 46:18,46:24, 47:4, 47:7, 47:9, 48:4, 48;16,48:21, 49:1, 49:4,49:12, 49:22, 50:25,51:15, 51:18, 52:4,52:14, 52:25, 53:4,53:14, 55:8, 55:21, 56:6, 56:9, 56:18, 56:23, 57:3, 57:12,57:15, 57:22, 61:11, 61:24, 62:2, 62:7, 62:12, 62:15, 63:4, 63:11, 63:23, 65:19, 66:21, 68:2, 68:13, 68:16, 68:24, 69:2, 695,693, 69:12, 69:18, 69:21, 69:25,71:7, 71:10, 71:13,71:24,72:8, 72:17, 72:20, 72:25, 73:3, 73:10, 74:4, 74:11, 74:21, 74:24, 75:2,736,7510, 76:1,76:11, 76:14, 76:25,77:8,79:10, 79:20, 80:2, 80:5, 80:11, 80:14,81:7, 81:14, 81:19,81:24, 835,83:10,83:18, 84:10, 84:17, 84:20, 8520,88:3, 88:8, 89:7,90:4, 90:21, 90:25, 91:3, 91:6, 91:9, 91:16, 91:20, 93:10,93:14, 93:18, 93:21

dilution 

# - 13:15 direct

# - 7:19,67:3, 78:22, 91: 1

Direct

# - 3:6, 33, 3:16, 3:19, 3:24,45, 4:7, 8:2, 14:6, 58:7, 73:14, 83:4

direction 

# - 26:10, 86: 1 3

directly

# - 17:ll directs 

### - 50:9, 50:18 dirt

# - 85:8 discretion

# - 29:11, 32:19,47:24

discussed

# - 17:3, 31:22

discussing

# - 62:8 Discussion

# - 49%. 81:9 dispersion

# - 7:24, 13:7, 13:9, 20:9,254 disposal 

# - 16:17 District

# - 1 O:15 ditch

# - 34:16 ditches 

# - 74:16, 77:19

divergent 

# - 9:25 Division

# - 37:6 doctrine 

# - 48:24, 49:5

document

# - 17:15, 22:9,23:17, 33:20, 37:14, 37:21, 37:25, 50:6

documentation 

# - 27:18

documents

# - 49:15 Dolan- 

### 2:12, 3:7, 3:9,7:16, 8:3, 14:3, 14:7,30:11, 30:15, 30:18, 52:9, 56:15, 57:2,57:8, 57:14, 57:16,72:2,72:9, 72:12, 80:6, 80:7, 80:13,81:lO

dollars 

# - 38:21 done

# - 21:10, 36:15, 38:14,40:12,43:3, 44:10,70:13, 70:17, 84:12, 855,86:4, 86:18, 88:1, 903, 93:12

double 

# - 87:ll doubled 

### - 87:9, 87:12

down

# - 12:21, 31:19,41:1,46:9, 60:1, 61:7, 62:23, 69:23,70:16, 88:16, 90:lO

downwind

# - 26:lO Drive

# - 2:14 driven

# - 47:17, 48:23,49:2

driving 

# - 49:10, 56:21

drop

# - 925 drought

# - 71:22 dry

# - 23:25, 46:22, 85:10, 86:6,88:24

dryness 

# - 59:6 due

# - 165,55:lO duly

# - 6:23, 30:25, 31:2, 585,73:12, 83:2, 94:9

duplicate 

# - 80:11, 83:15

during 

# - 20:6, 29:11,29:13,432, 46:2,46:13, 57:9

During

# - 9:19, 11:23 duties

# - 69:22 

# E E-mail- 

### 21:lO, 29:20

easier 

# - 36:24 easily

# - 11:15, 13:ll east

# - 83:20 economical

# - 86:19 economy 

### - 163, 16:21 ecosystem 

# - 16:20, 34:14

ecosystems 

# - 16:7, 16:9, 16:13 educate

# - 37:l

## KATHY TOWNSEND COURT REPORTERS 

# 110 Twelfth Street, Northwest, Albuquerque, New Mexico 

# 87102 (505) 243-5018 

# - Fax (505) 243-3606 education 

# - 8:8, 14:12, 16:24 educational 

# - 17:7, 17: 10,23:9 effect

# -79:14, 90.15 effective 

# - 9:6, 285, 31:25, 61:8

effectively

# - 35:2, 84:25

effectiveness

# - 62:22

effects

# - l1:3, 125, 12:9, 12:17, 12:19, 21:20.25:24

effort 

# - 85:22 Eib'- 

### 1:3,5:4, 5:6, 6:16, 50:9,50:19, 53:5

eight

# - 58:12

fuel 

# - ll:18, 16:10, 48:17,48:25,49:3, 41:22,41:24,42:6; 19:2,58:18, 59:6,

evaluating

# - 35:3 evaluation

# - 25:4, fair

# - 6:3, 35:22, 35:l 1,3513,35:16, event

# - 32:18

21:25, 22:2,22:5,

emitted

# - ll:18

Farms- 

### 10:18 73:12,73:15,76:15, ended 

# - 32:23

22:3,27:24, 29:23,

Exhibits

# - 30:13, 8:12. 14:16 'Environmental

# - l:l, 1:14, 2:3, 5:10, 5:22,523, 12:ll

environmentalist

# - 88:2

envision

# - 58:12 Epa- 

### ll:17, 12:6 Epa's- 

### 12:ll equally 

### - 29:25 equates

# - 1 l:20 equipment

# - 13:3, 84: 15

equitable

# - 29:24 equivalent

# - 23:7 erosion

# - 58:25, 59:l

especially

# - 16:25, 38:9, 63:19, 84:4, 37: 1 1 expect

# - 38:8,43:9, 57:13

expected

# - 19:20, 25:18

experience

# - 8:8, 14:12, 14:15,91:24 experiences

# - 91:12 expertise

# - 20:21 Expires

# - 94:20, 94:22

explain

# - 89:8 explaining

# - 33:22 explains

# - 38:6 exposure

# - 13:23 express

# - 79:15 Extension- 

### 10:16, 37:5

extension

# - 17:8, 48: 19 fields

# - 77:22,85:7 figure

# - 70:2, 91:24 figuring

# -47:g fill 

# - 38:24,48:l filled

# - 67:20 filling 

# - 38:22 Finally- 

### 29:21 finally

# - 87:18 financially 

# - 94:16 fine- 

### 11:11,,11:18, 11:22. 12:3, 12:7. 12:17, 13:18, 13:20, 64:16, 735,7218, 93:20

fines

# - 48:4,48:14 finish 

# - 61:18 fire

# - 13:6, 13:9, 15:20, 1525, 16:7, 79:13 follows

# - 6:24, 31:3, 58:6, 73:13, 83:3

forecast

# - 24:18 foregoing 

# - 94:7, 94:8

forest

# - 16:10,46:4, 58:24, 87:7

Forestry- 

### 37:6 forestry 

# - 65:lO forests

# - 16:8 forever

# - 56:1 3 form

# - 20:23,21 19, 21:12, 21:23, 23:18, 26:1,27:21, 32:14. 32:24, 38:22, 48:2, 67:19

forms

# - 1715,21 :24, 22:16, 38:23

# KATHY TOWNSEND COURT REPORTERS 110 

# Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018 

# - Fax (505) 243-3606 42:14,42:15, 53:22, 59:11, 77:16

knowledge

# - 20:20 known

# - 11:11,27:9 knows

# - 40:16 

# L Land- 

### 4:19, 53:8, 53:ll

land

# - 18:17,27:25, 28:6, 28:7, 28:15, 32:13, 34:4, 34:25, 35:21, 36:4,42:9, 54:22, 70:6, 71:2, 83:25

landowners

# - 37:8, 40:15,46:20

lands

# - 34:6, 34:8, 59:21 Greg- 

### 3:15, 45:7,

Las- 

### 10:23,29:15,

Growers- 

### 10:16, 10:18, 17:17, 17:19 54:5,54~6, 54:9, 54:13, 68:18, 75:16,

left

# - 32:6, 51:5 homes

# - 46:12 homesteaders

# -

in-house 

# - 35:l 58:25, 61:15, 67:8,

haze

# - 5:17, 9:4, includes 

# - 19:5. 9:11, 9:15, 15:14,

28:22, 28:23, 30:8, human

# - ll:14 lie

# - 20:19, 39:21 Humboldt- 

### 14:14 life

# - 39:3, 39:17, individual

# - 41:6 individuals

# - 22:12 indulge

# - 36:ll industrial

# - 77:2 infestation

# - 71:8, 71:12

inflexible

# - 60:1, 74:7

Information 

# - 26:2 information

# - 20: 15, 28:17, 34:18, 37:12, 64:23, 65:16, 80:16

informs 

# - 18:3 inhaled

# - ll:15 initial

# - 21:8 initiated 

# - 35:5 inkle

# - 76:19 input

# - 10:22 insert 

# - 52:17, 83:16 install

# - 13:3 grassland

# - 70:lO grasslands 

# - 16:8, 58:15

gravity

# - 48:8,48:9 grazing 

# - 24:l great

# - 11:16,44:2, 44:12, 89:24

greater 

# - 5:19, 9:7, 13:9 greatest 

# - ll:9 Green- 

### 2:4, 31:9, 32:6, 32:11, 32:22, 41:9,41:14,51:16, 52:22, 57:17, 63:22, 63:23, 63:24, 64:15, 64:20, 65:15,76:12, 76:14, 76:15, 79:8, 81:3,91:21,91:22, 92:15, 92:22

green

# - 23:25

. 

### healthier

# - 58:23 healthy

# - 16:21 hear

# - 49:11, 52:ll heard

# - 6:6, 10:3, 15:4, 19:7,20:17, 29:13, 29:16, 48:23, 86:2, 87:22, 92:3

Hearing

# - 1:4,5:3, 5:12,6:10,6:15, 70:4

hearing

# - 1:14, 3:13, 5:2, 5:6, 6:2, 6:7,6:10, 6:13,6:14, 6:16, 6:19,7:8,7:17, 9:11, 52:11, 52:17, 52:24, 53:5,56:12, 56:15, 57:24, 58:2, 65:20, 69:9,72:5, 72:11, 72:15, 73:7, 80:10, 81:4,81:17, 82:1, 83:11, 83:16, 42:21, 43:20, 52:25, 79:25

ideal

# - 89:21 identification

# - 30:17, 51:10, 53:12, 57:6

identified 

# - 29:5 identify

# - 24:5 ignite

# - 19:2,24:12, 45:2, 45:2 1

ignited

# - 53:22, 54:11, 54:12,54:14, 54:16, 55:3

igniting 

# - 20:11, 22:20

ignition 

# - 19:24, 44:24, 44:25, 54:l

ignorance

# - 75:8 li

# - 19:12, 19:14, 23:3, 24:12, 25:5,

## KATHY 

# TOWNSEND COURT 

# REPORTERS 60:17, 63:7, 63:17, 64:6

list

# - 10:8, lO:ll, 24:25

List-

### 4:6 listening 

### - 39:24, 64:1,73:16

live

# - 20:2 lived

# - 87:15 livelihood

# - l0:23 Livestock- 

### 10117 living

# - 76:20 loader

# - 88:11, 88:22, 88:23

loads 

### - 58:18, 65:1,3,68:25

local

# - 20:10, 20:11, 20:20,20:22,2510, 27:15

located

# - 70:7



# 110 Twelfth Street, Northwest, Albuquerque, New Mexico 

# 87102 (505) 243-5018 - 

# Fax 

# (505) 243-3606 Mike 

# - 3:23, 83:1, mile

# - 22:8, 22:13 Natural

# - lO:12. noted

# - 47:22 513, 1l:lO, 12:18, 10:19,37:7, 41:12, 

# . notice ,- 

### 21:1, 22:15, long-range

# - 60:4 19:18,43:17, 859

MC

### - 3:5, 30125, 31:1,42:20, 47:6, mine

# - 759,89:19 47:8. 47:13,48:6, Minerals 

### - 37:6 Nature's

# - 84:6 80:24, 84:5, 85:lO minimize

# - 24:ll minimum

# - 19:1 minor

# - 48:lO minute

# - 57:13 minutes

# - 53:2 lower

### - 12:9, 13:4,

modeling 

# - 7:24, machine 

### - 94:lO

maintain

# - 22:23 maintaining

# - 236

monoxide

# - 11:9, 16:7, 16:8, 17:18,

29:8, 35:25, 365, 423,56:25,67:25, 27:20,30:6, 33:9, 68:3,68:4,68:15, 35:6,42:9, 49:4, 51:22, 52:17, 62:8, 62:9,62:11,67:4, 73%.74:22, 81:17, 83:8, 83:15, 93:12 meter

# - 12:1, 12:2, 34:25, 35:21, 36:4

Managers 

# - 4:19, 8:18,53:8, 53:ll

mandated

# - 5:23 manner

# - 6:4 marked

# - 30:16, 51:9,53:12, 57:6

Markedladmitted

# - 4:2

Mary 

# - 2:7, 3:4, 6:22, 7:4, 7:20,7:23, 31:1,49:22

master's

# - 8:12 material 

# - 19:1, 19:3, 23:23, 23:25

materials 

# - 17:7, 17:13, 17:20,23:10, 33:23

Materials 

# - 18:24 mathematically

# - 10:14, 10:15, 10:18, 11:25, 13:17, 16:9, 17: 18,22:1, 34:20, 37:9,58:9, 59:7, 73:18, 775,83:20, 94:1

Mexico's

# -4120, 16:7,21 :14 microenvironment 

# - 88115

micrograms

# - 12:1, 12:2, 12:4, 12:8, 12:13 microns

# - ll:ll, 19:18

middle

# - 46:12 might

# - 42:10, 42:15, 42:20,42:25, 43:1, 43:20,44:1, 57:19, 6220,68:10, 74:21, 81:3,93:15 Most 

# - 33:21 Mother

# - 84:6, 86:20, 87:6

Mound

# - 58:9, 83:21

move 

# - 30:12, 38:12 moved

# - 62:lO mule

# - 58:21 multiplies

# - 87:19 multiplying

# - 87:7 must 

# - 18:18,20:1, 20:6, 20:10, 21 :5, 22:19, 22:23, 23:16, 23:21, 24:3,2510, 2511,26:12 

# N name

# - 8:4, 143, 38:24, 426,58:8, 60:16, 60:18, 635, 63:9, 63:16, 63:18, 64:7, 64:8, 76:9, 78:6, 795,79:18,79:19

nighttime

# - 76:7 Nm

# - 4:12, 4:14 Nmac- 

### 4:4, 5:2, 57, 5:15,5:19, 1517, 18:2 Nmed

# - 4:3, 30:12, 30:16, 57:6

,



### Noi

# - 51:2 none

# - 24:8 nontechnical

# - 51:4, 52:2,525, 73:19

noon

# - 44:l normal

# - 12:l northeastern

# - 83:20

# KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018 

# - Fax (505) 243-3606 process

# - 6:12, 6:13, 9:12, 9:16, 9:18, 9:19, 29:13, 41:17, 54:5, 87:14, 91:l

produce

# - 19:20, 77:21

Producers

# - 73:18, 73:20, 73.:24..74:6, 74:14, 75:18, 77:3

producing

# - 19:17 production '- 

### 88:19 products

# - 9:21, 9:22

prognostic

# - 13:ll Program

# - 4:15, 39:8, 39:9

program

# - 9:14, 15:12. 16:24, 17:4, 17:16, 17:20, 17:22, 18:23: 20:21, 21:18, 24:IO. 25:23. 28:13, 29:3: 29:4, 29:8, 29:10, 29:11, 29:12, 29:14, 29:22, 29:24, 30:3, 30:6, 33:9, 33:15, 33:21, 33:22, 34:17, 35:1, 35:4, 35:6, 35:25, 36:5, 40:11, 40:12, 47:7, 47:25, 67:24, 83:22, 85:17, 86:8

program's 

# - 30:5, 33:2

programs

# - 23:12, 30:9, 32:2

progressed

# - 84:14 project

# - 20~16, 21:3, 21:24. 26:13

projects

# - 21:14, 25:7, 25:11, 25:18

Promoting

# - 55:lO property

# - 18:17, 28:15, 38:15

proposal

# - 10:7, 11:l. 32:lO

Proposed

# - 1:5, 4:4 proposed

# - 10:4, 11:4, 18:Il. 18:12, 18:19, 19:9, 34:2, 34:20. 35:15, 73:22, 74:l

proposing

# - 5:15, 7:17, 13:12

protect

# - 6: 12, 12:5 protection

# - 71:1 protects 

# - 12:25 prove

# - 54:3 provide

# - 6:5, 24:3, 30:4, 33:1, 67:14

provided

# - 21:9, 29:17, 29:18

provides

# - 18:ll provision

# - 50: 10 provisions

# - II 

### :5, 50:3

proximity

# - 46:7 Public

# - 22:18, 27:16, 94:19

public

# - 10:2, 10:21, 12:25, 13:16, 13:20, 13:22, 16:20, 16:24, 20:12, 20:15, 20:23, 20:24, 21:1, 22:10, 22:16, 22:21, 26:7, 26:12, 26:14, 26:20, 31:11, 31:16, 32:1, 36:20, 57:24

pull

# - 40:20, 41:3, 88:12

purpose

# - 28:1, 19:6

ponderosas 

# - 70:ll ponds

# - 74:17, 74:18, 77:20, 85:8

poor

# - 35:22, 45:2, 45:3

population

# - 22:8, 22:13, 26:9, 27:1,7, 46:8

Population

# - 22:ll populations'- 22:10, 22:16, 58:21

portion

# - 43:24 position

# - 14:21 possibility

# - 54:5 possible

# - 28:3, 57:14. 67:15, 72:17

post

# - 22:18 posted

# - 22:17, 31:16

potential

# - 24:6, 28:9, 29:4, 31:22, 43:14, 46:8, 54:22

potentially 

# - 34:2 pounds

# - ll:17 practicable 

# - 24:8 practices

# - 74:1, 74:3, 77:19

precaution

# - 13:25 precautions 

# - 13:22 precluded

# - 21:18 preempt

# - 15:21, 15:24, 15:25

prefer

# - 20:3, 63:5, 67:ll

preferable

# - 76:8 premature

# - 12:23 prepare.- 8:20, 14:23, 15:l

prepared

# - 15:5, 33:21, 55:12,.73:19

prescribed

# - 13:6, 16:14, 18:5, 23:12, 25:21, 26:2, 26:11, 28:1, 28:13, 34:6, 36:12, 36:17, 37:8, 54:25

prescription

# - 27:25 present

# - 820, 9:1, 15:8,73:19

preserve

# - 6:11 president

# - 8:16 pretty

# - 34:5, 60:19, 68:8, 69:25, 83:21, 84:11, 85:2, 85:4, 86:17

prevention

# - 16:l previous

# - 9:11, 20:17, 66:7

previously 

# - 6:14, 17:1, 31:2

primarily

# - 49:2, 7715

prima!:- 74:15, 74:19, 7 10, 77.18

prioritize

# - 4139, 41:21, 42:11

prioritizing

# - 42:4 private

# - 34:8, 34:12, 37:8

problem

# - 75:11, 75:17, 89:13, 92:18

Procedure

# - 6:9 procedures 

# - 6:3 proceed

# - 6:14, 6:18 proceeding

# - 94:7, 94:14

Proceedings

# - 1:10, 53:3, 57:25

Process

# - 4:14 period

# - 22:24, 27:6, 27:22,43:6, 66:6, 66:10, 79:23

permission

# - 4416 permit-35:17, 40:20,40:22, 65:8, 65:21, 65:23, 92:ll

permits

# - 59:14 permitted

# - 13:4 permitting

# - 12:24, 32:2

person

# - 33:6 personally 

# - 94:lO persons

# - 6:6, 6:18, 29:3

pest

# - 16:17 Petition

# - 1:4 petition

# - 52:13 petitioner

# - 5:13, 6:19, 7:14, 31:7, 52:7

Petitioner

# - 5:14 petitioners

# - 52:21 phone

# - 21:10, 44:16, 67:18, 67:21, 93:7

photo

# - 8711 photographs

# - 86:24

Physically

# - 56:19 physically

# - 56:20, 61:18

pickups

# - 61:3,65:l pieces

# - 91:25 pile

### - 5:20. 9:8, 18:6, 18:10, 23:5, 89:l

piles

# - 23:24, 60:15, 63:16, 64:8, 83:12, 83:25, 88:24, 88:25

piling

### - 46:21 pines

# - 70:10, 71:19 pinon

# - 62:24, 71:18, 85:12, 87:7

pinones

# - 70:lO place

# - 27:25, 85:5 placed

# - 72:5 places

# - 20:2, 37:15, 37:18, 85:7

plain

# - 48:24, 49:5 Plan-6:17,15:13, 29:l

plan

# - ll:4, 11:6, 49:4, 60:4, 92:8, 92:lO

planned

# - 25.13 planning

# - 23:14, 37:20, 42:23

pleased

# - 75:21 plenty

# - 70:22, 70:25

plots

# - 70:23 plowed

# - 85:8 plus

# - 32113,70121 Pm

# - 136,57:25, 59:18, 78:8, 78:17

Prn10

# - 19:17, 23:5, 23:7

Pm2.5

# - 11:12, 11:13

point

# - II 

### :2, 12:24, 20:12, 20124, 34:8, 35:7, 44:14, 45:18, 56:3, 59:2, 59:20, 69:6, 86:18

policies

# - 7:23 policy 

### - 48:7, 48:15, 50:5, 50:6

poll

# - 57:19 pollutants

# - ll:8 ~olyethylene 

# - 19:2. obtained

# - 24:2, 45:l

occupying

# - 22:12 occur

# - 19:25, 36:18 occurring

# - 36:12 OCCUE 

# - 18:18, 2836, 34:12

odd

# - 32:12 offer

# - 7:19 Office- 2:8, 2:13. 12:ll

office

# - 22:18, 33:6, 33:8

Officer- 5:3, 5:12, 6:10,.8:15. 70:4

officer

# - 94:6 offices 

# - 17:9, 37:16, 37:17, 48:19

officials 

# - 20:20 old

# - 41:13, 85:7 Omaha- 8.11 Once- 38:14 once

# - 38:14, 61:17, 62:17, 62:18, 6525

one- 11:9, 11:14, 19:17, 19:23, 21:3, 22:8, 22:13, 22:24, 23:4, 23:7, 23:20, 27:6, 27:11, 27:22, 40:6, 40:7, 45:23, 51:1, 51:19, 55:9, 5513, 56:4, 60:6, 61:22, 61:23, 64:7, 64:9, 66:6, 70:16, 73:l. 78:25, 79:17, 84:7. 88:6, 89:17

One- 36:7 one-mile 

### - 22:8, 22:13

one-twenty-fourth 

# - 11:14

ones 

# - 42:3,70:21 op

### - 40:14, 42:15 open 

### - 5:18, 9:6, 9:9, 18:8, 18:12, 18:16, 19:8,20:18, 39:16, 4837, 51:21, 51:22, 52:16, 53:16, 62:8, 73:9, 73:22, 73:25, 77:16, 77:18, 81:16, 83:10, 919

Open-3:14, 58:2, 81:7 ,



### opening

# - 5.1, 7:14 operation

# - 93:l opportunity

# - 6:6, 32:3, 37:3, 45:13, 86:10, 89:14, 89:15, 90:2, 92:4, 92:5, 92:16

opposed

# - 75:20 opposition

# - 78:4 option

# - 49:14, 65:3 orchards

# - 31:20 order

# - 16:12, 43:18 orderly 

# - 6:12 orders 

# - 6:11 ordinances 

# - 15:23 Oregon- 8:13 organizations

# - 17:18, 37:4, 37:ll

outdoors

# - 26:17 outline

# - 19:10, 56:l outlines

# - 15:10, 19:13, 19:15

outreach 

# - 36:22, 37:1

outside

# - 19:25, 78:16, 91:4

overly

# - 25:20. 36:8. 43:19 oversaw

# - 9:22 oversee

# - 8:1 5 owe

# - 32:14, 32:24 own-13:17,26:18, 54:22

owner

# - 28:15 owners

# - 18:17 

# P Page

# - 3:2 pages

# - 37:24, 38:1, 38:2, 38:6

painful 

### - 63:25 paper

# - 91:25 papennrork 

### - 47:19 Park

# - 10:20 part

# - 15:18, 18:7, 30:7, 33:14, 3437, 50:5, 59:23, 64:5, 72:4, 72:15, 81:13, 9217

part-time

# - 33:14 participated

# - 10:9, 41:17

participating 

# - 48:20

particular 

### - 20:13, 25:20, 26:22, 31:I 3, 41:20, 42:9,43:9, 43:12, 58:20, 75:22

particularly 

# - 58:25 particulate

# - I 

### l:9, ll:lO, 11:22, 12:7, 12:18, 19:18, 43:17

particulates

# - ll:ll, 11:18, 12:4, 13:18, 13:20, 92:23

parties

# - 34:2, 94:14, 94:16

Partnership

# - 8:19 pass

# - 60:22 past

# - 34:4, 34:9, 46:ll

pasture

# - 61:22, 61:23, 62:3

Pat

# - 80:22 peace

# - 56:13 Pecan

# - 10:15, 10:18, 17:19

pecan

# - 31:19, 31:20. 34:15, 46:12

penalties

### - 50:12 penalty

# - 48:7, 48:9, 48:10, 50:3, 50:5, 50:ll

pendulum

# - 84:7 people

# - 17:I 

### I, 20:2, 29:12, 31:15, 32:5, 37:11, 46:10, 48:1, 54:6, 59:16, 60:7, 60:18, 64:1, 64:25, 67:6, 68:11, 75:12, 84:3, 85:12, 86:5, 86:16, 87:4, 87:15, 90:3, 90:9, 92:l

per-5:20,9:8,12:1, 12:2, 12:4, 12:8, 12:13, 18:5, 18:6, 18:9, 19:19, 23:5, 23:6, 89:l

percent

# - 70:12, 87:2, 87:22

perfect

# - 36:10 perform

# - 66:l perhaps

# - 42:21, 42:23, 50:9, 53:25

Perhaps

# - 72:6

# KATHY TOWNSEND COURT REPORTERS 34:17, 58:14

purposes 

# - 16:18, 21:17

push

# - 88:22, 88:23 pushed

# - 70:16 put

# - 43:8, 44:20, 56:6,60:7, 63:7, 63:9, 63:17, 64:6,65:11, 66:11, 69:8, 86:3

puts

# - 85:24 putting

# - 64:l 

# Q Quality- 324, 7:22, 8:14, 14:17, 48:18

quality 

# - 525, 1519, 18:2, 25:8. 275, 50:13, 75:14, 8525, 90:9



# 110 

# Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018 - 

# Fax (505) 243-3606 92:14, 92:21, 93:2, 15:10, 15:15, 15:18, 93:6, 93:13, 93:17, 15:25, 16:3, 16:19,

30:7, 30:9, 33:3,

79:14, 79:17, 89:9,

resources

# - 30:4, 83:19, 84:13, 84:16, recommending 

# - relevant

# - 6:4

55:15, 5516, 5525, 41:4,42:14, 46:20

reminded

# - 53:20 remote

# - 28:4 scale

# - 77:1, 851, render

# - 52:12 records

# - 22:23, restraints 

# - 85:24 scares 

### - 60:13, 90:7 scattered 

# - 70:lO

schools

# - 5922 reduced

# - 58:17 science 

# - 14:13 reduces

# - 58~18

representation 

### -

Section

# - 5:23, 524, 14:19, 14:20, 15:17, 40:14,43:10, 45:23, 49:7, 54:2. 54:lO.

. 

### 61: 11, 62:7, 68:6,

70:1, 71:18, 84:1, 84:3, 86:16, 89:12, 89:16, 89:22, 91:23

reapply

# - 89:15 reapplying

# - 93:9 Reardon- 3:11, 3:23, 7:11, 36:25, 39:3, 395, 39:17, 39:22,40:2, 40:3, 42:19, 43:4, 43:22, 44:17, 45:7,4516, 46:16, 46:17, 46:19, 83:1, 83:7, 83:17, 83:19, 84:12, 84:19, 84:21, 8519, 8521, 88:5, 88:10, 89:12, 90:6, 90:22, 91:2, 915, 91:8, 91:13, 21:21, 22:3, 22:22, 23:14, 23:20, 24:10, 253,258,2522, 26:6, 26:19, 28:12, 28:22, 28:23, 30:7, 67:13

Regional- 6:17, 8:18, 11:5

register

# - 21:2, 2511, 27:lO

registered

# - ll:25 registration

# - 21:4, 21:19, 23:18, 534, 67:lO

regrade

# - 89:2 regs

# - 37:1, 7517 regulate

# - 20:18 regulated

# - 9:9, 18:6, 34:9, 38:19

regulation 

### - 7:18, 9:3, 95,9:6, 9:10, requesting

# - 355 require

# - 13:3, 67:19

required

# - 15:16, 18:4, 19:22, 21:2, 21:21, 21:22, 22:2, 22:5,22:9, 22:24, 23:9, 23:14, 23:19, 24:12, 25:5, 2514, 2525, 275, 27:10, 27:13,27:15, 27:16, 27:19,27:20, 27:22, 28:16, 28:21, 32:16, 49:16, 67:12

requirement

# - 18:8, 20:9,20:25, 21:1, 22:21, 24:2, 24:10, 24:21, 233,25:4, 258, 25:22, 26:6, 26:7, 26:19, 27:4, Rita- 3:4, 3:8, 4:7, 6:22, 7:2, 7:7, 7:10, 7:19, 14:4, 14:6, 14:10, 31:1, 34:23, 47:22, 85:17, 85:19, 8320

river

# - 8515 rolling 

# - 71.3 room

# - 30:21, 56:21 Room 1:15, 5:9 rotation

# - 58:13 rotational 

### - 58:12 roughly

# - 23:6 rugged

# - 28:4 Rule- 4:21 rule

# - 517, 518, 6:3, 9:4, 10:2, 10:4, 18:21, 20:8, 20:25, 21:21, 22:3, 22:6, 22:22, 23:15, 23:20, 24:10, 253, 25:8,

# KATHY TOWNSEND COURT REPORTERS 

# 110 Twelfth Street, Northwest, Albuquerque, New 

# Mexico 

# 87102 (505) 243-5018 - 

# Fax (505) 243-3606 94:ll Testimony- 

### 3:16, 3:19, 3:24,45,4:7, 58:7, 73:14, 83:4

themselves

# - 42:ll theoretically 

# - 74:21

Theoretically

### 74:23

therefore

# - 42:l they've 

# - 443, 59:22, 61:2

thinking

# - 71:16, 79:6

third

# - 51:20 thousand

# - 84:13 thousands

# - 77:7 three

# - 14:18,59:22, 60:25, 66:18. 88:17

threshold

# - 87:19, 87:24

throughout

# - 17:9 Thursday- 

### 66:18 time-consuming

# - 13:lO timeframe

# - 80:l Timothy- 

### 2:12 Today- 

### 98,40:3 today 

# - 8:21, 10:7, 11:3, 14:23, 14:25, 40:4, 63:25,69:17, 72:23. 73:2, 87:3, 87:9

today's

# - 68:23 together

# - 40:13, 423,42:14

tomorrow 

# - 62:13, 67:4, 68:1,68:18, 69:10, 70:2, 72:24, 72:25, 81:20

tomorrow's 

# - 725, 72:11,72:14,72:15, 80:9,80:12, 81:4, 81:25 ton

# - ll:18, 19:17, 23:4

tons 

# - 11:20 took 

### - 10:21, 88:6 tool 

# - 16~14, 16115 topography 

# - 70:7 total 

# - 11:22, 22:ll totally 

# - 61:21 towards 

# - 21 :11 town 

### - 31 :15 track 

# - 21:13, 2517, 32:16, 80:15

tracking 

# - 21 :23, 21:24, 225,26:1, 26:7,27:21, 28:17, 28:23

tracks 

# - 18:8 training 

# - 23:ll trainings 

# - 17:19 transcript

# - 72:6, 94:9, 94:ll

Transcript- 

### 1:10 transition 

# - 18:ll treats 

# - 29:24 trees 

### - 45:25, 46:21, 59:1, 62:24,70:11, 70:16,70:21, 70:22, 70:24,70:25, 8512, 86:22, 87:2, 87:9, 87:13, 87:16, 88:1, 88:12, 88:13, 88:23, 89:l

Trees- 

### 58:25 trickle 

# - 41 :1 tried 

# - 38:22 true

# - 86:23. 87:10, sections 

# - 15:15 Sections

# - 19:9 see- 

### 10:11,31:16, 33:14,4513,47:18, 815,86:3

seed

# - 88:19 Seedsmen

# - 10:13 seek 

# - 50:12 sent 

# - 67:20 separate 

# - 9:15 separately 

# - 38:3 serious 

# - 13:21, 83:21

serve 

# - 8:16, 42:5, 42:18

service 

# - 59:11 Service

# - 10:13, 10:19,33:7,41:13, 41:16

set 

# - 21:16, 45:9, 53:10,61:2,66:4, 68:20

sevirlg 

# - 68:19 sedeh- 

### 15:15, 21:4, 21:6[h33:6, 43:7, 58:11,66:5, 66:10, 66:22, 92:6

seven-day 

# - 43:6, 43:7,66:10

several 

# - 84:13 severe

# - 48:lO shall 

# - 6:10,6:14 share 

# - 39:24, 89:lO sharing 

# - 91:12 sharp 

# - 71:12 shed

# - 21:16, 25:19, 2520, 36:8, 36:13, 41:20, 43:13,43:18, 43:19,44:15, 67:2

sheds 

# - 21:14, 36:9 sheet

# - 51:20 sheeting 

# - 19:3, 19:6 short 

# - 12:5,52.23, 65:4,65:5

short-term 

# - 12:5 shorthand 

# - 94:lO shot

# - 8816 show

# - 75:7, 75:9 shown 

# - 21:15, 37:13

shows 

# - 61:3 shut 

# - 90:lO Sid

# - 51:5 side

# - 43:25 signed

# - 51.21, 52:3,52:4

similar 

# - 58:15 simple 

# - 13:6, 175, 17:23,38:15, 38:23, 67:20

simply 

# - 22:14, 32:16,73:20

simulate 

# - 13:9 single

# - 22:13, 66:11, 92:8, 92:9, 92:lO

Sip- 

### 11:5,29:l site 

# - 17:13,24:19, 50:7

site-specific

# - 24:19 sits

# - 33:6 sitting 

# - 7:11, 63:24 situation 

# - 26:18, 42:15,47:20

six 

# - 28:17, 88:14, 88:25, 90:19

sixth 

# - 76:17 size

# - ll:ll, 11:15, 21:13, 84:17. 88:13 34:21 Specifically

# - 33:4 speed

# - 12:21,685 spend

# - 38:21, 38:25

spots

# - 31:23 spread

# - 33:18 spring 

# - 45:21, 84:21, 86:5, 89:21

Ss

# - 94:2 St- 

### 2114 staffing

# - 34:22 stakeholder 

# - 9:12, 9:16,9:18, 9:20, 17:2, 29:13,33:24,41:7, 41:17, 41:18, 54:5, 55:24

stakeholders 

# - 4:6, 9:25, 10:9,24:14, 29:22

stand 

# - 6:20, 30:19 standard 

# - 12:3, 12:8,12:10,12:13, 13:18, 13:19 standards 

# - 13:1, 68:20

Start

### - 83:5 start 

# - 2513,36:16, 43:23, 59:16,61:14, 61:17, 62:17. 62:18, 93:11, 93:14

started 

# - 34:23, 54:3,58:14,70:19, 84:14

starting 

# - 54:25 starts

# - 62:22 State- 

### l:l, 1:15, 5:9, 6:17, 14:14, 1513, 1516,29:1, 94:1

state

# - 6:25, 8:4, 9114, 12115, 13:1, 143,152, 17:10, 28:25, 36:24, 37:19, 65:10,77:ll

state's 

# - 65:13 statement 

# - 7:15, 55:11, 76:12, 86:23, 87:lO

statements 

# - 53:15 states

# - 5:14, 151 8, 15:21,28:22 stating

# - 835 status 

# - 27:14 statute 

# - 50:3,50:18 statutory 

# - 48:12, 50:4, 50:lO

staying 

# - 73:16 stays

# - 90:19 sterilizes 

### - 89:3 stick 

# - 93:16 still

# - 441,65:2, 70:25, 76:17, 83:lO

stop

# - 5911, 69:3 store 

# - 22:18 storm

# - 36:10, 74:17, 77:20

strange

# - 32:23 Strategies

# - 14:19 streams 

# - 58:22 strict

# - 68:21 strikes 

# - 63:12 stringent

# - 1522, 233

struck 

# - 32:12, 32:23

structure

# - 80:3 structured

# - 80:4 struggling

# - 3519 stubble

# - 24:l. slow

# - 12:21,45:24, 87:14

Small

# - 19:ll small

# - 1 l:13, 19:10, 31:9, 31:15, 41 :25,43:24,4515, 72:7, 85:2, 91 :14

smaller

# - 9:9, 77:1, 81:22

Smith- 

### 2:7,75, 30:20,49:20,49:22, 49:23, 503,50:22, 50:24, 51:11,52:3, 56:22, 56:25,72:9, 72:16,72:19,78:21, 78:25, 90:24,93:5

smog

# - 92:19 Smoke- 

### l:5,4:15, 4:20,5:2, 393

smoke

# - 4:6,97, 517,7:18, 9:3, 9:4, 95,9:14, 9:18, 11:3, 11:4,11:611:711:8 13:l1:lO1:ll 1519, 16:5, 17:4, 18:12, 18:22,20:9, 23:11, 254,2921, 2523,26:15,30:6, 33:9,43:20,46:9, 46:11,49:4, 51:21, 52:17,62:7, 62:9, 62:10,67:4,73:8, 74:22, 75:14, 81:17, 833,83:15,90:13, 93:ll

smoky 

# - 46:l Smp- 

### 4:12,4:14, 19:12, 19:14, 19:22, 20:10, 21:22,223, 23:3, 24:12,25:5, 25:25, 393,39:12, 41:25,42:4

soil

# - 89:3 Soil- 

### 41:13 someone

# - 33:12, 33:13,49:18, 52:3, 52:4,55:15,64:15

someplace

# - 7:13, 40:25

Something's

# - 70:17

sometimes

# - 45:9 Sometimes

# - 27:7 somewhat

# - 42:15, 42:22, 83:ll

somewhere

# - 40:22, 50:13

soon

# - 57:14,93:12 sooner

# - 22120, 3512, 3513,67:10, 67:ll

sorry

# - 49:12,78:24 sort

# - 32:7,47:19, 48:10, 53:25,72:4

sorts

# - 92:23 sound

# - 68:2 sounds

# - 39:10, 4514,4618,68:5

source

# - 13:l sources

# - 12:24, 15:19, 18:22,28:12 south 

# - 69123 space

# - 332 special

# - 60:13 Special

# - 2: 12 species

# - 58:20 specific

# - 175, 20:16, 24:6,24:16, 24:19, 89:9,90:4

specificallv

# - 9:13. 34:lO study 

# - 8:12 stuff 

# - 46:1, 62:24, 685,84:1, 845, 90:lO

subject

# - 17:1, 18:25, 19:16,54:17, 55:5

submit

# - 21 :22, 25:25, 27:21, 28:17, 51:6, 55:14

submitted

# - 8:23, 24:24, 26:2,42:5, 45:12, 47:19,49:16, 51:2, 69:6

Suite

# - 2:9 summarize 

# - 47:ll sums 

# - 60:19 sunrise 

# - 19:23 sunset

# - 19:24 supplied

# - 23:lO suppress

# - 28:7 suppressed

# - 283 supprejrsion

# - 41:24

surest

# - 86:19 surface 

# - 70:6, 71:3 surprise

# - 40:4 syear 

### - 30:24 swings

# - 84:7 sworn 

# - 6:23,7:9, 30:22, 30:25, 31:2, 58:5, 73:12, 83:2, 94:9

symptoms 

# - 12:22 synopsis 

# - 8:7, 14:ll system

# - 653 

# T table-7:12,19:13 Table- 

### 43,4:15 talks 

# - 38:2, 54:16 team

# - 9:20,9:22, 9:24

teams 

# - 10:lO technical

# - 51:1 technique

# - 23:21 techniques

# - 23:22, 24:6, 265,46:21

telephone 

# - 22:14 temperature

# - 595, 60:9,63:l

temperature's 

# - 86:ll

temperatures

# - 63:21

tend

# - 46:3 term

# - i2:5 terms 

# - 17:25, 18:1, 38:19, 6521

testified

# - 6:24,7:7, 31:3, 58:6, 65:4, 73:13, 83:3

testify 

# - 6:19, 51:4 testimony

# - 3:13, 7:6,7:20, 8:20, 8:23, 9:1, 14:1, 14:23, 151, 152,15:3, 155,15:8, 195,19:7,20:17, 32:25, 34:11, 39:25, 49:11, 51:2, 51:4, 52:2,52:5, 52:16, 52:21, 58:1, 67:3, 68:1, 72:10, 72:13, 72:23, 735,73:19, 74:25, 83:15, 91:1, 91:4, 91:7, 92:3, 93:15, 94:8. 94:lO.

# KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018 - 

# Fax (505) 243-3606 92:3, 92:5, 92:16

windy

# - 76:8, 76:9 wintertime 

# - 63:20 wisdom 

# - 49:5 wish

# - 6:19, 7:14, 31:7

wishes 

# - 57:9 witness

# - 7:12, 7:25, 14:4,39:19, 72:1, 753,77:15, 80:18 witnesses 

# - '30:19, 30:21, 94:8,94:12

Witnesses- 

### 3:3 women

# - 60:21 wondered 

# - 80:23 wondering 

# - 69: 15 wood 

# - 63116, 64:8 word 

# - 37:1 1 works

# - 29:12, 33:6, 33:9, 33:15, 658, 66:14

world 

# - 68:23 worry 

# - 68:7 87:23, 90:11, 90:16, 94:ll

Trujillo- 

### 3:4, 3:8, 4:7, 6:22, 7:2, 7:7, 7:19, 9:12, 145, 14:6, 14:9, 14:10,30:11, 31:1, 31:12, 32:9, 32:15, 33:5,33:19, 34:3,37:3, 37:25, 38:20, 39:10, 41:7, 41:12, 41:15, 43:7, 44:6, 44:23,458, 46:3,46:23, 50:16, 54:4,54:21, 5512, 55:22, 56:8,66:2, 66:3;'66:24,85:18, 851 9, 893 truthful 

# - 59:8 try 

# - 28:7,61:22, 76:22, 85:22

trying

# - 7:10, 40:13, 42:10,4522,59:20, 60:2, 60:3,62:23, 62:24, 66:25.675,

water 

# - 696,69:24, turned 

# - 41 :23

utilize

# - 13:13 26:13, 29:11, 3510, weather's

# - 89:18 58:12, 8910,86:7, 41:15, 59:22, 63:12,

two-and-a-half 

# - 83:23, 859,87:12,

75:l 8,7524,765, 25:12, 26:1, 27:19, 76:24, 77:3, 77:18, yourselves

# - 43: 1 78:1, 78:3, 78:9,

wildlife

# - 58:20,

unintended 

# - 53:25 University- 

### 8:11, 8:13, 14:14

unknown

# - 34:3, 5510

Unless

# - 52:3,52:4, 73:1

unlike

# - 48:17 unnecessarily

# - 13:22 unnecessary

# - 6:8, 73:25

unprepared 

# - 84:9 unreasonably 

### - 6:7 unsafe

# - 74:3 unwanted

# - 58:19 up

# - 9125, 12:21, 24:18, 32:6, 32:13, 32:23, 36:10, 39:16, 40:4,43:24,44:11, 44:22,45:10,4519, 49:20, 49:23, 51:21, 52:3,52:5,53:16, 53:17, 558,59:8, 16:21,21:20,23:13, 2523,92:22

Visual- 

### 27:18 visual

# - 20:4,22:9, 255

Volume- 

### 72:7 volume

# - 5:20,9:8, 11:23, 18:6, 18:10, 23:5 

# W

Wagon- 

### 58:9, 83:20 wait

# - 57:10, 59:18, 6520, 72:25,73:6

waiver

# - 24:2,24:4, 24:9, 251,451,454, 45:l 1

waivers

# - 4:11, 24:22, 29:18, 3520, 60:13

Waivers- 

### 24:21 wake 

# - 59:8, 89:17 walk

# - 87:5