Bill Richardson 

Governor 

State of New Mexico 

Office ofthe Governor 

December 1,2003 

Mayor Richard Greene 

Regional Administrator 

U.S. Environmental Protection Agency, Region 6 

1445 Ross Avenue 

Dallas, TX 75202-2733 

Dear Mayor Greene: 

On behalf of the New MexicoEnvironment Department (NMED), I am pleased to submit to the 

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

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

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

Regulations, Part 51, Section 309, commonly referred to as Section 309 of the federal Regional 

Haze Rule. The New Mexico Environmental ~m~rovement Board adopted ihe SIP revision and 

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

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

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

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

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

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

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

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

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

organization, the Western Regional Air Partnership. 

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 Room 400 Santa Fe, NewMexico 87501 505-827-3000 mgovernor.state.nm.us 
Mayor &chard Greene 

U.S. Environmental Protection Agency 

December 1,2003 

Page 2 

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

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

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

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

adopted in 1969. 

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

revision hearing and regulatory hearings are enclosed for your review. 

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

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

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

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

at (505) 955-8091. 

S7B2 4- 

Bill Richardson 

Governor of New Mexico 

Enclosures: 

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

B. Regulatory text and NMAC Transmittal Forms for 

20.2.60 NMAC, Open Burning 

20.2.65 NMAC, Smoke Management -. 

20.2.73 NMAC, Notice of Intent and Emissions Inventory Requirements 

20.2.81 NMAC, Western Backstop Sulfur Dioxide Trading Program :, ~3 ;.< #,< C. Copies of Public Notices of the Hearings and Affidavits of Publication . ..r3 4 

D. Copies of Notices of Intent to Testify at the Hearings '.?.., <72 .Ti . .,,-. E. Transcripts and Exhibits for the Hearings . C? 

' c.;> .~. , 

, (.3 -v., 

cc: Carl Edlund, EPA Region 6 

Tom Diggs, EPA Region 6 

David Neleigh, EPA Region 6 

Joe Kordzi, EPA Region 6 

Ron Curry, NMED, Cabinet Secretary 

Sandra Ely, NMED, Air Quality Bureau 

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20.2.65 NMAC

Smoke Management
FiL;;U -..yi- ! 14 

5 y,A.T 5 :: 0 ;: ::-, 1: :.: 

NMAC TRANSMTlTAL FORM 

1.24.10 NMAC d@J/&i~ 2 5 L 1 ! : 1 1 9 

- 

I 

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 

Please list attachmenk 

and Internet site&) if 

applicable 2 

Chapter 1 part 

2 165 

Public domain 0 

Name: Gay Dillingham Check if delegated 

authority 

Title: Chair 1 

0 

I 
FILED WITH 

?T"TT D,Cr,?r?^. 'I-, lTC,. 

,.> #I-.. . .,!- . u .,, , . ,i- i-! 1 t-3 

A TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 65 SMOKE MANAGEMENT 

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, 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). 

[20.2.65.3 NMAC - 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 3 1, 2003, except where a later date is cited at the end of a 

section. 

[20.2.65.5 NMAC - N, 12/31/03] 

[The latest effective date of any section in this part is December 3 1, 2003.1 

20.2.65.6 OBJECTIVE: The objective of this part is to manage the air quality impacts of smoke from all 

sources of fire. This part does not preempt any more stringent controls on burning provided in: 

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

J1 B. any lawfully issued restriction on burning such as may be issued for wildfire prevention. 

[20.2.65.6 NMAC - N, 12/31/03] 

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 only be considered an alternative if it has successfully been used to 

take the place of fire for at least three years; 

B. "burn project" means, in prescribed burning or in wildland fire use, a bum on an area that is 

contiguous and is being treated or managed 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 international parks, 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 of the Clean Air Act amendments of 1977; the extent of the areas 

designated as class I shall conform to any changes in the boundaries of such areas that occurred subsequent to the 

date of the enactment of the Clean Air Act amendments of 1977 or 1990; 

E. "emission reduction technique" means a strategy for controlling smoke from prescribed fires 

that minimizes the amount of smoke output per unit of area treated or other objective unit of accomplishment; such 

strategy shall be used in conjunction with fire and shall not be a replacement for fire; for the purposes of this 

regulation, a technique used within three years of a burning 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 107 of the 

federal Clean Air Act as nonattainment for one or more of the national ambient air quality standards by the federal 

environmental protection agency; 

+. G. "part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico 

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

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 a pile's gross volume, including the air space between 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 within 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 fire ignited by any person to meet specific land management 

objectives; for the purposes of this part, wildland fire use is considered prescribed fire; any fire ignited in an air 

curtain incinerator is not "prescribed fire" for purposes of this part; 

L. "public notification" means any method that communicates burn information to the burners, air 

regulators, the local fire authority, and to the general public; 

M. "SMP I" means bum projects that emit less than one ton per day of PM-10 emissions or burn less 

than 5,000 cubic feet pile volume of vegetative material per day; 

N. "SMP 11" means bum projects that emit greater than or equal to one ton of PM-10 emissions per 

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 

(whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, shavings, 

grass, grass clippings, leaves, conifer needles, bushes, shrubs, clippings from bushes 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 from their source; 

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

S. "wildland" means an area in which development is essentially non-existent, except for roads, 

railroads, power lines, and similar transportation facilities; structures if any are widely scattered; 

T. "wildland fire use" means the management of wildfire, which is naturally ignited (such as by 

lightning or volcanic eruption) fire, to accomplish specific pre-stated resource objectives in predefined geographic 

areas, also known as fire use, wildfire use, prescribed natural fire, and fire for resource benefit. 

[20.2.65.7 NMAC - N, 1213 1/03] 

20.2.65.8 to 20.2.65.99 [RESERVED] 

20.2.65.100 APPLICABILITY: 

A. This part applies to all users of prescribed fire that: 

(1) exceeds ten acres in area or 1,000 cubic feet of pile volume per day of vegetative material; or 

(2) exceeds the daily bum area or pile volume thresholds specified in Subsection A of 20.2.60.1 11 

NMAC (open burning). 

B. This part also applies to bum projects otherwise subject to 20.2.60 NMAC (open burning) that 

users of prescribed 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 of property on which a 

wildfire occurs. 

[20.2.65.100 NMAC - N, 12/31/03] 

20.2.65.101 MATERIALS ALLOWED TO 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 shall be 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: 

(1) the sheeting has been covering piled vegetative material for 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 

(4) the burner is able to provide evidence, such as purchase records or package labeling, that the 

20.2.65 NMAC 
#- sheeting is polyethylene and not some other form of plastic. 

[20.2.65.10 1 NMAC - N, 1213 1/03] 

20.2.65.102 REQUIREMENTS FOR SMP I: For any bum project of less than one ton of PM-10 emissions 

per day or less than 5,000 cubic feet pile volume per day, all of the following requirements shall apply. 

A. The bumer shall bum only under appropriate dispersion conditions. In order to accomplish this 

objective, the bumer shall follow one of the two options below. 

(1) The bumer shall: 

(a) ignite bums only during the hours from one hour after sunrise until one hour before sunset; 

the bumer may apply for a waiver of this requirement in writing from the department no later than two weeks prior 

to the planned bum project; 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 week prior to the planned bum 

project of whether the waiver is granted or denied; the department shall consider such waiver requests on a case-bycase basis; and 

(b) conduct bum projects at least 300 feet from any occupied dwelling, workplace, or place 

where people congregate, which is on property owned by, or under possessory control of, another person; the burner 

may apply for a waiver of this requirement in writing from the department no later than two weeks prior to the 

planned bum project; the burner 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 week prior 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) only bum during times when the ventilation category is good or better; the bumer may 

apply for a waiver of this requirement in writing from the department no later than 10:OO a.m. one business day prior 

to the planned bum project; 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 3:00 p.m. one business day prior 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; and 

(b) conduct visual monitoring and shall document the results; the bumer shall maintain records 

of those results for a period of one year; for any bum project planned to be conducted within a one mile radius of a 

population, the department may require that the bumer notify the department no later than two business days prior to 

the planned bum project so that the department may determine whether to conduct instrument monitoring in addition 

to visual monitoring conducted by the burner; the need for instrument monitoring shall be determined by the 

department on a case-by-case basis. 

B. The burner shall notify the local fire authority prior to igniting a bum. 

C. The bumer shall register the bum project with the department on a registration form provided by 

the department no later than 10:OO a.m. one business day prior to the planned ignition of the bum project. The 

department shall provide the bumer with a registration number for the bum project. 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 shall notify 

the department separately for each seven days of burning to be conducted under that bum project registration. The 

burner shall not bum more area or volume than the bumer has included in the notification or registration. 

D. The bumer shall submit a completed bum project tracking form to the department on a tracking 

form provided by the department no later than two weeks following completion of the bum project. 

E. For bum projects conducted within a one-mile radius of a 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 document the results; and 

(2) the bumer shall conduct public notification of populations within a one-mile radius of the bum 

project no later than two days prior to, and no earlier than thirty days in advance of, igniting a bum project. 

F. The burner shall maintain 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, 1213 1/03] 

A 20.2.65.103 REQUIREMENTS FOR SMP 11: For any bum project with emissions greater than or equal to 

one ton of PM-I 0 emissions per day or greater than or equal to 5,000 cubic feet pile volume per day, all of the 

following requirements shall apply. 

20.2.65 NMAC 
A. The burner shall review smoke management educational material supplied by the department or 

complete an approved smoke management training program prior to initiating burning. 

B. The burner shall consider alternatives to burning and shall document this consideration and 

rationale for not using alternatives on the form provided by the department. 

C. The burner shall implement at least one emission reduction technique and shall document this 

implementation on the forms provided by the department. The burner may apply for a waiver of this requirement in 

writing from the department no later than two weeks prior to the planned bum project. The burner shall document 

the reasons for waiver application on the appropriate form provided by the department. The department shall notify 

the burner no later than 10:OO a.m. one week prior 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 consideration the 

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 of this requirement in writing from the department no later than 10:OO a.m. one 

business day prior to the planned bum. The burner 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 day prior to the planned bum of whether 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 a bum. 

G. The burner shall register a bum project with the department on forms provided by the department 

no later than two weeks prior to planned ignition of the bum. 

H. The burner shall notify the department of the intent to bum on a specific date no later than 10:OO 

a.m. one business day prior to the planned burn project. The notification may be made for up to a seven-day advance 

period. The department shall notify the burner of the receipt of the notification by 1 1 :00 a.m. If the department has 

not notified the burner by 11:OO a.m., the burner shall make a good faith effort to contact the department to verify 

that the department received the notification prior to igniting the bum. The burner shall not bum more area or 

volume than the burner has included in the notification. The department shall notify the burner no later than 3:00 

p.m. one business day prior to the bum project if a modification of the bum is required. 

I. The burner shall complete and submit to the department on a form provided by the department a 

fire activity tracking form no later than two weeks following the end of the bum project. 

J. For bums planned to be conducted with the wind blowing toward a population, or within a fifteen 

mile radius of a population if wind direction is not considered, the following requirements shall apply in addition to 

all other requirements in this section (20.2.65.103 NMAC). 

(1) The department may require that the burner notify the department no later than two business days 

prior to the planned burn so that the department may determine whether to conduct instrument monitoring in 

addition to visual monitoring conducted by the 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 

thirty days in advance of, igniting a burn. 

K. The burner shall maintain all records of actions performed pursuant to the requirements of this 

section for a period of at least one year. 

[20.2.65.103 NMAC - N, 1213 11031 

20.2.65.104 WILDLAND FIRE USE: For wildland fire use 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 decision to manage a wildland fire use burn. The burner shall notify the 

department daily by 10:OO a.m. of the status of the bum. 

B. The burner shall notify the appropriate authorities of the decision to manage a wildland fire use 

bum. For bums within a fifteen mile radius of a population, the burner shall conduct public notification no later than 

one calendar day of the decision to manage the bum as a wildland fire use. 

C. The burner shall conduct visual monitoring and shall document the results. 

D. The burner shall complete and submit to the department a fire activity tracking form no later than 

two weeks following the end of the bum project. - 

E. The burner 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, 1213 1/03] 

20.2.65.105 WILDFIRE UNDER SUPPRESSION: The land manager or owner of property on which a 

wildfire exceeding 100 acres in area occurs shall complete and submit to the department a fire activity tracking form 

no later than six weeks or by 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 OF 20.2.65 NMAC: 

Pre-NMAC History: None. 

History of Repealed Material: [RESERVED] 

Other History: [RESERVED] 

20.2.65 NMAC 
New Mexico Commission of Public Records 

Administrative Law Division 

1205 Camino Carlos Rey 

Santa Fe, NM 87507 

505-476-7907 

Affidavit of Publication in the New Mexico Register 

I certify that the agency noted below has published legal notices or rules in the New Mexico 

Register, and that payment has been assessed by invoice for said legal notice or publication, 

which appeared on the date and in the volume and issue number noted below. 

Date of Publication: 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 

20.2.73 NMAC 

NM Envir. Dept - Air Qua1 Bureau 

Contact: Rita Trujillo 

2044 Galisteo 

Santa Fe, NM 87505- 

Smoke Management 

Western Backstop Sulfur Dioxide Trading Program 

Notice of Intent and Emissions Inventory Requireme 

Date: 1211 512003 

Register 

New Mexico Commission of Public Records 

Notice to Publishing Agency 

Enclosed are your agency's proof copies of the 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 Quality Biireau. 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 of the h'azardous and Radioactive Materials 

Bureau, an inspector in the Occupational Safety and Health Bureau, Program Manager of the 

Consultation/Technical Services section of OSHB, acting manager for the Office of Pollution 

Prevention, and Section Chief for the Air Quality Bureau. Ms. McElroy holds a Bachelor of 

Science Degee from the College of Technology, University of Houston and graduated' as a 

Radiologic Technologist from the University of Texas, Health Science Center at Houston. She 

worked as a Radiographer at hospitals in the Texas Medical Center for 7 years and was an 

Assistant Professor for the School of Allied Health Sciences in Houston for 5 years before 

moving to New Mexico. 

Maw Uhl: Ms. Uhl is the Manager of the Planning and Policy Section and has been with 

the Air Quality Bureau since 1992, starting as an Environmental Engineering Specialist doing 

computer-bzsed air dispersion modeling in support of pennit issuance, regulation development 

a~d enforcement actions. In 1994, she was promoted to be the manager of the modeling section, 

and held that position until she was promoted to be manager of the Planning and Policy Section 

in 2001. During her tenure with the Bureau, 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 expert witness in the area of air 

dispersion modeling in several court cases and many public hearings, and published and 

presented a peer-reviewed techcal article discussing the conversion of oxides of nitrogen to 

NOTICE OF INTENT - PAGE 2 
- nitrogen dioxide at the hiial Air md '?v7aste Ma~agen;e;;t AsscciztJon rneetiqgs. May is a cochair of the WRAP modeling forum and the WESTAR Technical Committee. She is the project 

manager for the Farmington Ozone Study and the Conales Air Toxics Study. Ms. Uhl received 

her B.S. with a math and chemistry major from Purdue University in 1'987. In 1989, Ms.,Uhl 

completed her M.S. degree in Atmospheric Sciences at Purdue University. 

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

The Division supports the proposed replations and revisions. 

4. Summarv of testimony. 

The Division estimates that Ms. Ely's testimony will take 10 minutes. Her direct 

testimony is attached hereto as Exhibit 2. Ms. Trujillo's testimony will take approximately 60 

minutes. Her direct testimony is attached hereto as Exhibit 4. Ms. McElroy and Ms. Uhl will not 

.-. przsent direct testimony, but will be available to answer questions regarding the enforcement of 

the proposed 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 20.2.65 NMAC 

Direct Testimony of Sandra Ely 

List of Smoke Management Stakeholders 

Direct Testimony of Rita Trujillo 

Table of Requirements 

Airshed Boundaries 

Criteria for Ventilation Category Waivers 

NOTICE OF INTENT - PAGE 3 
This Notice of Intent to Present Technical Testimony is based on the Division's petition. 

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

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

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

witness and to present any exhibit in support thereof. 

Respectfully submitted, 

I 

NEW MEXICO ENVIRONMENT DEPARTMENT 

OFFICE OF GENERAL COUNSEL 

Tracy Hughes 

Office of General Counsel 

New Mexico Environment Department 

11 90 St. Francis Drive 

Santa Fe, New Mexico 87502-61 10 

Telephone (505) 827-6891 

Facsimile (505) 827- 1628 

NOTICE OF INTENT - PAGE 4 
The Ze-,itrze~t prepcses &z! &e Rod edopt 20,2.65 NMAC as a new regulation. 

TITLE 20 ENVIRONMENTAL PROTECTION 

CYMTER 2 AIR QUALITY (STATEWLDE) 

PART 65 SMOKE MANAGEMENT 

20.2.65.1 ISSUING AGENCY: Environmental Improvement Board. 

[xx/xx/04] 

20.2.65.2 SCOPE: All geographic areas within the jurisdiction of the 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 is xx/xx/04.] 

20.2.65.6 OBJECTIVE: The objective of this part is to manage the air quality impacts of smoke from all 

sources of fire. This part does not preempt any more stringent controls on burning provided in: 

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

B. any lawfully 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 only be considered an alternative if it has successfilly been used to 

take the place of fire for at least three years. 

B. "Burn project" means, in prescribed burning or in wildland fire use, a burn on an area that is 

contiguous and is being treated or managed 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 international parks, 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 of the Clean Air Act Amendments of 1977. The extent of the areas 

designated as Class I shall conform to any changes in the boundaries of such areas that occurred subsequent to the 

date of the enactment of the Clean Air Act Amendments of 1977 or 1990. 

E. "Emission reduction technique" means a strategy for controlling smoke from prescribed fires 

that minimizes the amount of smoke output per unit of area treated or other objective unit of accomplishment. Such 

strategy shall be used in conjunction with fire and shall not be a replacement for fire. For the purposes of this 

regulation, a technique used within three years of a burning 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 107 of the 

federal Clean Air Act as nonattainment for one or more of the national ambient air quality standards by the federal 

environmental protection agency. 

NMED Exhibit 1 

20.2.65 NMAC [insert new effective date here] 
6. "?art" me.. 2k q~z]ity c.ontlol reg-~iation under Title 20: Chapter 2 of the New Mexico 

-4dministrative Code, unless otherwise noted, as adopted or amended by the 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 space between 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 fue ignited by any person to meet specific land management 

objectives. For the purposes of this part, wildland fire use is considered prescribed fre. Any fire ignited in an air 

curtain incinerator is not "prescribed fue" for purposes of this part. 

L. "Public notification" means any method that communicates bum information to the burners, air 

regulators, the local fue authority, and to the general public. 

M. "SMP I" means bum projects that emit less than one ton per day of PM-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 of PM-10 e'missions per 

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 (whole or chipped), trees, tree limbs (whole or 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 conditions in terms 

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 from their source. 

R. "Wildfire" means any unplamed, non-structural fue that occurs on wildland. 

S. "Wildland" means an area in which development is essentially non-existent, except for roads, 

railroads, power lines, and similar transportation facilities. Structures if any are widely scattered. 

T. "Wildland fire use" means the management of wildfue, which is naturally ignited (such as by 

lightning or volcanic eruption) fue: to accomplish specific pre-stated resource objectives in predefined geographic 

areas, also known as fue use, wildfue use: prescribed natural fue: and fue for resource benefit. 

[xx/xx/04] 

20.2.65.8 to 20.2.65.99 [RESERVED] 

20.2.65.100 APPLICABILITY: 

A. This part applies to all users of prescribed fue that: 

(1) exceeds ten acres in area or 1,000 cubic feet of pile volume per day of vegetative material; 

or 

(2) exceeds the daily burn area or pile volume thresholds specified in subsection A of 

20.2.60.11 1 NMAC (Open Burning). 

B. This part also applies to bum projects otherwise subject to 20.2.60 NMAC (Open Burning) that 

users ofprescribed fue 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 of property on which a 

wildfire occurs. 

[xx/xx/04] 

20.2.65.101 MATERL4LS ALLOWED TO 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 shall be 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: 

20.2.65 NMAC [insert new effective date here] 2 
(1) the sheeting has bee= 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 as purchase records or package labeling, that the 

sheeting is polyethylene and not some other form of plastic. 

[xx/xx/04] 

20.2.65.102 REQUIREMENTS FOR SMP I: For any bum project of less than one ton of PM-10 emissions 

per day or less than 5,000 cubic feet pile volume per day, all of the following requirements shall apply: 

A. The burner shall burn only under appropriate dispersion conditions. In order to accomplish this 

objective, the burner shall follow one of the two options below: 

(1) The burner shall: 

(a) ignite burns only during the hours from one hour after sunrise until one hour before sunset. 

The burner may apply for a waiver of this requirement in writing fiom the department no later than two weeks prior 

to the planned burn project. The burner 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 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) conduct burn projects at least 300 feet from any occupied dwelling, workplace, or place 

where people congregate, which is on property owned by, or under possessory control of, another person. The 

burner may apply for a waiver of this requirement in writing fiom the department no later than two weeks prior to 

the planned bum project. The burner shall document the reasbqs for waiver application on the appropriate form 

provided by the department. The department shall notify the burner no later than one week prior to the plmed bum 

project of whether the waiver is granted or denied. The department shall consider such waiver requests on a caseby-case basis; or 

(2) The burner shall: 

(a) only bum during times when the ventilation category is good or better. The buiner may 

..- apply for a waiver of this requirement in writing from the department no later than 10:OO a.m. one business day prior 

to the planned bum project. The burner 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 day prior to 

the planned burn project of whether the waiver is granted or denied. The department shall consider such waiver 

requests on a case-by-case basis; and 

(b) conduct visual monitoring and shall document the results. The burner shall maintain 

records of those results for a period of one year. For any burn project planned to be conducted within a one mile 

radius of a population, the department may require that the burner notify the department no later than two business 

days prior to the planned burn project so that the department may determine whether to conduct instrument 

monitoring in addition to visual monitoring conducted by the burner. The need for instrument monitoring shall be 

deternined by the department on a case-by-case basis. 

B. The burner shall notify the local fire authority prior to igniting a burn. 

C. The burner shall register the bum project with the department on a registration form provided by 

the department no later than 10:OO a.m. one business day prior to the planned ignition of the burn project. The 

department shall provide the burner with a registration number for the bum project. Prior to igniting the burn 

project, if the 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 of burning to be conducted under that bum project registration. The 

burner shall not bum more area or volume than the burner has included in the notification or registration. 

D. The burner shall submit a completed bum project trachg form to the department on a tracking 

form provided by the department no later than two weeks following completion of the bum project. 

E. For bum projects conducted within a one-mile radius of a populationt the following requirements 

shall apply in addition to all other requirements in this section (20.2.65.102): 

(1) the burner shall conduct visual monitoring and document the results; and 

(2) the burner shall conduct public notification of populations within a one-mile radius of the bum 

project no later than two days prior to, and no earlier than hrty days in advance of, igniting a bum project. 

F. The burner shall maintain all records of actions performed pursuant to the requirements of this 

.A section for a period of at least one year. 

[xx/xX/O4] 

[insert new effective date here] 
20.2.65.103 REQUIREMENTS FOR SMP n: For any bum project with emissions greater than or equal to 

one ton of PM-I 0 emissions per day or greater than or equal to 5,000 cubic feet pile volume per day, all of the 

following requirements shall apply: 

A. The burner shall review smoke management educational material supplied by the department or 

complete an approved smoke management training program prior to initiating burning. 

B. The burner shall consider alternatives to burning and shall document this consideration and , 

rationale for not using alternatives on the form provided by the department. 

C. The bumer shall implement at least one emission reduction technique and shall document this 

implementation on the forms provided by the department. The burner may apply for a waiver of this requirement in 

writing from the department no later than two weeks prior to the planned bum project. The burner shall document 

the reasons for waiver application on the appropriate form provided by the department. The department shall notify 

the bumer no later than 10:OO a.m. one week prior 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 consideration the 

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 of this requirement in writing from the department no later than 10:OO a.m. one 

business day prior to the planned bum. The bumer shall document the reasons for waiver application on the 

appropriate fonn provided by the department. The department shall notify the bumer no later than 3:00 p.m. one 

business day prior to the planned bum of whether 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 a burn. 

G. The burner shall register a bum project with the department on forms provided by the department 

no later than two weeks prior to planned ignition of the bum. 

H. The burner shall notify the department of the intent to bum on a specific date no later than 10:OO 

a.m. one business day prior to the planned burn project. The notification may be made for up to a seven-day 

~dvance period. The department shall notify the burner of the receipt of the notification by 1 1:00 a.m. If the 

department has not notified the bumer by 11:OO a.m., the bumer shall make a good faith effort to contact the 

department to verify that the department received the notification prior to igniting the bum. The burner 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 3:00 p.m. one business day prior to the bum project if a modification of the bum is required. 

I. The burner shall complete and submit to the department on a form provided by the department a 

fire activity tracking form no later than two weeks following the end of the bum project. 

J. For bums planned to be conducted with the wind blowing toward a population, or within a fifteen 

mile radius of a population if wind direction is not considered, the following requirements shall apply in addition to 

all other requirements in this section (20.2.65.103 NMAC): 

(1) The department may require that the burner notify the department no later than two business days 

prior to the planned bum so that the department may determine whether to conduct instrument monitoring in 

addition to visual monitoring conducted by the 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 of this 

section for a period of at least one year. 

20.2.65.104 WILDLAND FIRE USE: For wildland fire use exceeding ten acres in area, the following 

requirements shall apply: 

A. The bumer shall register a burn project with the department on forms provided by the department 

no later than one business day following the decision to manage a wildland fire use bum. The burner shall notify the 

department daily by 10:OO a.m. of the status of the bum. 

20.2.65 NMAC [insert new effective date here] 
3. The h~er shall ncf f;r the qprop-are authorities of the decision to manage a wildland fre use 

burn. For bum within a fiffeen mile 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 fre use. 

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

Id. The burner shall complete and submit to the department a fre activity tracking form no later than 

two weeks following the end of the bun project. 

E. The burner shall maintain all records of acrions performed pursuant to the requirements'of this 

section for a period of at least one year. 

[xxlrod04] 

20.2.55.105 WILDFIRE UNDER SUPBRIESSION: The land manager or owner of property on which a 

wildfire exceeding 100 acres in area occurs shall complete and submit to the department a fire activity tracking form 

no later than six weeks or by November 1 of that year, whichever is earlier, following the cessation of fire fighting 

activities on the wildfire. 

[xx/xx/04] 

20.2.65 NMAC [insert new effective date here] 
STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

NMED Exhibit 2 

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 meets the requirements of the federal regional 

haze rule for smoke management. The smoke management regulation becomes effective 

where the open burning regulation leaves off; for fires greater than 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 input team was organized to review the program 

and make recommendations. 'The working team was a smaller group that met often to 

develop the technical and regulatory aspects of the 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. 

The working team met for 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 implement the program. The goal of the groups was to base 

the program on the best available science, to make it clear, flexible, and easy to apply. 

In addition to these working and review team meetings, Air Quality Bureau staff held 

public meetings on the smoke management program in Clovis, Las Cruces, Silver City, 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 in the SMP are also designed to address the 

public health impacts of smoke. 

Among the many pollutants in smoke, the one of greatest concern is particulate 

matter that is less than 2.5 microns in size, also know as fine particulates or PM 2.5. 

Page 1 of 2 
PM 2.5 is very small; indeed it is about 1124th the width of a human hair. Because of its 

size, it is easily inhaled into the 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 17 tons for a 

hundred acre burn. 

When determining public health risk, we have to 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 in the 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 lowering the 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 in that 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 lung function 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 permitted to construct. This same 

approach is not reasonable for prescribed fire because there is no simple air dispersion 

model that 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 utilize the ventilation index to 

determine whether conditions will assure adequate mixing and dilution of the smoke so 

that concentrations don't become a public health problem. 

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 particulate matter can be serious and it is important that all reasonable 

precautions be taken to limit unnecessary public exposure. The Department believes 

that utilizing the ventilation index is a reasonable precaution. 

Page 2 of 2 
NM Smoke Management Program Development 

Representative Review and Input Team Members 

Name Affiliation 

Gilbert Archuleta 

Gretchen Barkmann* 

Sherry Barrow 

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 

Jerome MacDonald 

Mike Main 

Julie Maitland 

David,Martinez 

Ron Martinez 

Michelle J. Nolde 

Debby Potter 

Tom Ribe* 

Fred Rossbach* 

David Salopek 

Linda Scheffe* 

Carl Stubbs* 

David Vackar* 

Dan Warren 

Neil Weber 

Jeff Whitney 

Richard Woolley* 

State Fire Marshal's Office 

USDA Forest Service, New Mexico Forests 

SBS Wood Shavings 

NM Citizens for Clean Air & Water 

Los Alarnos National Laboratory 

Bureau of Land ManagementRJSDI FWSNational Park service 

Natural Resources Conservation Service 

American Lung Association of New Mexico 

NM State Land Office 

NM Seedsmen Association 

NM Department of Agriculture 

Elephant Butte Inigation District 

NM Pecan Growers Association 

Private Industry 

Pueblo of San Ildefonso 

NMSU Cooperative Extension Service 

NMIAZ Coalition of CountiesNM Farm Bureau 

US EPA 

Bureau of Land Management 

Bureau of Indian Affairs, Southwestern Region 

National Park Service 

USDA Forest Service, Southwestern Region 

USDI, Fish and Wildlife Service 

NM Department of Agriculture 

US Forest Service 

Costilla Livestock Board 

City of Santa Fey 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 

Vemejo Park Ranch 

City of Albuquerque, Environmental Health Department 

Pueblo of San Ildefonso 

USDI, Fish and Wildlife Service 

National Park Service 

*Denotes member of the Smoke Management Development Process Working Team 
STATE OF NEW MEXICO IVMED Exhibit4 

ENVIRONMENTAL IMPROVEMENT BOARD 

PETI'TION FOR HEARING ON 

PROPOSED 20.2.65 NMAC 

SMOKE MANAGEMENT EIB 03-08B , 

DIRECT TESTIMONY OF RITA TRUJILLO 

1. COMMON PROVISIONS 

-The smoke management regulation outlines the requirements for burhers under the 

smoke management program (SIVIP). The first seven sections of the regulation are those 

required by the State Records Center regulations under 1.24.1 0 NMAC. Section 6 of the 

regulation states that the objective of the part 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 included in other laws, regulations or ordinances, and it does not 

preempt any legally issued restriction on burning. For example, the regulation would 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 terms for this regulation. In addition, common terms are defined 

in 20.2.2 NMAC of the Air Quality Regulations. 

Section 100, Applicability, informs the reader of who is required to follow the 

regulation. All users of prescribed fire who burn more than 10 acres per day or 1,000 cubic 

feet of pile volume per day are regulated under this part. This tracks with the open burning 

requirement that applies to burners who burn less than 1 0 acres per day or less than 1,000 ' 

cubic feet of pile volume and provides for a seamless transition from open burning to 

smoke management. In addition, those who burn less than these amounts may choose to 

follow.the requirements of this regulation rather than 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 under this regulation are 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 allowed to be burned. Slash which 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 1 of 5 
can circ 

of piled 

snow. 

ulate. Twenty pounds of plastic sheeting is sufficient to cover about 10,000 pounds 

slash. The piles are then left to cure for several months, protected from rain and 

The piles can then be ignited during a period of low fire danger,' when the 

surrounding ground cover is still covered with snow or otherwise at a low risk of igniting. It 

is often impractical to remove the plastic before igniting the piles. Allowing the interior of 

the pile to dry before burning results in a 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 PCBs or dioxin, which are of such great concern when some other 

types of plastic are burned. Given that the amount of plastic is very 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 LARGE AND SMALL BURNS 

Sections 102 and 103 of the proposed regulstion out,line requirements that apply to 

small burns and other burns, respectively. Small blurns fall within SMP I and other burns 

are within SNIP II. Exhibit 5 is a tsble that outlines the requirements for SMP I and II. 

A. SMPI 

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 emissions 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 to burn only from 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 of the time of day and location 

restrictions. For these burns, burners must only burn during times when the ventilation 

category is good or better. 

SMP 1 burners must notify the local fire authority prior to igniting a burn. The local 

fire authority 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 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-notify the Department if the burn will continue longer than seven days. This 

allows the Department to track the number and size of burn projects in New Mexico 

airsheds (see Exhibit 6). Airshed boundaries have been set as hydrographic boundaries 

Page 2 of 5 
for the purpose of this program. Burfieis are precluded from burning more than is included 

in the registration or notification. 

SNIP I burners are required to submit a tracking form to the Department no later 

than two weeks after completing the burn project. These tracking forms will be used by the 

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 monitoring and to conduct public 

notification of those populations. Population is defined as the total of individuals occupying 

an area. For example, if the population is a single residence within the one mile radius, the 

burner could simply telephone or mail a notice to that residence. For larger populations, 

othgr forms of public notice would be acceptabie, such as a notice posted in a general 

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, the igniting of the burn. 

The burner must maintain all records reqvired under Section 102 for a period of at 

least one calendar year. 

B. SMP II 

The SNlP II requirements contained in Section 103 apply to 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 one ton of PMIO emissions. There are 

more stringent requirements for these burns. Burners are required to review educational 

materials supplied by the Department or complete an approved smoke management 

training prior to burning. The burner must consider the use of alternatives to burning and 

docl~ment the reasons for not using an alternative on the registration form for the burn. At 

least one err~ission reduction technique must be implemented. Examples of emission 

reduction techniques described in guidance material available to burners include burning in 

piles rather than broadcast burning, burning dry material rather than 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 burners to determine the ventilation category for a specific burn. Methods 

include using the fire weather forecast up to two days in advance or using more advanced 

site-specific methods, if the burner has the capability to do this. Waivers of this 

requirement may be requested the day prior to the burn. Again, waivers will be evaluated 

Page 3 of 5 
on a case-by-case basis based or: the justiiicrtion for the request submitted by the burner. 

The Department has developed a list of criteria it will use in deciding 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 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 

,following day. This will allow the Department to track the number of projects and expected 

emissions in each airshed each day. This will assist the Department with determining 

whether any particular airshed is likely to be overly inundated with smoke from prescribed 

fire. 

SMP I1 burners are also required to submit a tracking form no later than two weeks 

following the prescribed fire. Information to be submitted includes the actual amo~~nt 

burned, the type of vegetation burned, how much of the vegetation was consumed by the 

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 

requirements apply. The burner must noiify the affected public and the Department of the 

burn project no later than two days prior to the burn. The notification to the Department is 

to allow the Department to decide whether to conduct instrument monitoring for that burn. 

If the burner has the capability to conduct instrument monitoring, ,the Department may 

request the burner to conduct instrument monitoring. These decisions would be made with 

consultation between the Department and the burner. 

Again, all records are required to be kept for a period of one year after the burn. 

C. WILDLAND FIRE USE 

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 a fire. The burner is also required to notify the 

Department daily of the status of the burn. The burners are required to notify the local fire 

authority as well. Public notification is required for these burns that are within a 15 mile 

rsdius of a population. Visual monitoring with documentation of that monitoring of the burn 

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 records are required to be 

kept for 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 by the 

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 Department will be able to provide the necessary resources to burners 

to meet the program's requirements. 

Fage 5 of 5 
Exhibit 5: Smoke Management Requirements Matrix 

L Element 

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 PMlo per day* 

1,onition only from one 

hour past sunrise to one 

hour before sunset, and no 

burning within 300 fi of 

dwellings. Or, follow SMP 

II requirements for Smoke 

SMP I1 

> -1 ton PMlo per day* 

Dispersion & Monitoring. 

If less than one mile from 

a population(s), then 

conduct and document 

visual monitoring. 

Notify local fire authority. 

Additional requirements if 

less than one mile from a 

population(s). 

Submit Registration Form 

to AQB by 10 am one 

business day prior 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 

documentation required on all 

burn projects. 

Notify local fire authority. 

Additional requirements if less 

than 15 miles from a 

population(s). 

Submit Registration Form to 

AQB by November 1" if 

possible, but at least 2 weeks 

prior to burning. Notify AQB 

by 10 am one business day 

prior to burning. Smoke 

Management Education 

required. 

completion. 

I Fire Activity 

1 Tracking 

Wildfire: N/A 

Wildland Fire Use: if used, 

see SMP II 

1 

Submit Tracking Form I Submit Tracking Form two 

twoweeksafterproject 1 weeks after project completion. 

Wildland Fire Use: see SMP 

Wildland Fire Use: see SMP 

n 

Wildfire: N/A 

Wildland Fire Use: Submit 

Registration Form to AQB 

once reaches 10 acres in size. 

Update AQB daily by 10 am. 

ICS 209 may be used. Smoke 

Management Education 

required. 

Wildfire: Submit Traclung 

Form six weeks after fire 

suppression ends. 

I Wildland Fire Use: see SIviF I 

I- 

* One ton of PM,o is equivalent to the emissions produced from burning 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 IVestem Closed [ 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 'Water Quality and 

Water Pollut~on Control in New Mexico." 

State of New Mexlco .Water Quality 

Control Commission. 2002. 
Exhibit 7: Draft Guidelines for Granting Ventilation Category .Waivers for 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 15 mile radius away; or 

3. Bum project is located above 10,000 feet elevation MSL. 

AND 

4. Bum project consists of "light fuels", i.e. grass, litter, lhour fuels; and 

5. Bum project has specific needs for "fair" conditions which can be explained or justified, 

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 may be added to approval ofbuming under "fair" conditions. 

1. A written justification describing the bum project - why this is necessary, fuels, 

elevation, aspect, bum objectives, wind direction, ignition plan, method of public 

notification, method(s) of smoke mitigatiodmonitoring, etc. 

2. No new ignitions after 3:00 p.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-case basis. 

6. Ignition can be halted if wind direction shifts resulting in heavy smoke in populated 

areas. 

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

8. Perform instrument monitoring (case-by-case basis). 

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 or justified, 

such as fire safety; and 

3. Bum project is the only one taking place in that particular airshed; and 

4. Bum project is in a remote area - "populations" are greater than 15 mile radius away. 

Requirements that may be added to approval of burning under "poor" conditions. 

1. A written justification describing the bum project - why this is necessary, fuels, 

elevation, aspect, bum objectives, wind direction, ignition plan, method of public 

notification, method(s) of smoke mitigatiodmonitoring, etc. 
2. Fax in daily accom~lis~unents and hourly visual smoke mo~litoring. 

3. Narrow wind direction window. 

4. Reduce daily acreagelpiles determined on a case-by-case basis. 

5. Ignition can be halted if necessary. 

6. Public notification must be adequate for bum purpose and location determined on a caseby-case basis. 

7. Perform instrument monitoring (case-by-case basis). 

8. Maximum use of emission reduction techniques. 
ElB HEARING RE 20.2.65, 1 111 9/03 

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 

2 3 

2 4 

2 5 

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 7 5 

Cross Examination by Mr. Nowak 7 7 

Cross Examination by Ms. Lillis 8 1 

MIKE REARDON 

Direct Testimony 83 

2 5 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 LWD MANP.GERS : 

1. Comments on New Mexico's Smoke 

Management Rule 

2 5 2 5 

KATHY TOVVNSEND COURT REPORTERS 
El B 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. 

2 3 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. 

KATHY TOWNSEND COURT REPORTERS 
2 A. Okay. I The second point I want to bring to your 

ElB HEARING 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 our 

11 

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. 

2 4 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 

KATHY TOWNSEND COURT REPORTERS 
EIB HEARING RE 20.2.65, 1 111 9/03 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. 

1 i 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? 

2 2 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 

KATHY TOVVNSEND 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'i th . 

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~. 

2 1 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 RE 20.2.65, 1 111 9103 

3 project with the Deparrment at least one business day 

4 prior to burning. 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 

KATHY TOWNSEND COURT REPORTERS 
EIB HEARING RE 20.2.65. 1 111 9/03 

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 

KATHY TOWSEND COURT REPORTERS 
EIB HEARING RE 20.2.65. I 111 9/03 

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, 

KATHY TOWNSEND COURT REPORTERS 
EIB HEARING RE 20.2.65. 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 

3 5 

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, 1 111 9/03 

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? 

2 0 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. 

2 5 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 

2 5 So I think anything that causes you to spend 25 in the Jemez or someplace close to you, how does that 

KATHY TOWNSEND COURT REPORTERS 
ElB HEARING RE 20.2.65, 1 1/19/03 

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. 

2 0 MS. MC ELROY: If1 might 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. 

2 2 Is that -- or am I just making that up? 

2 3 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 

KATHY TOWNSEND COURT 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 RE 20.2.65, 1 111 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 

4 6 

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

4 8 

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 

25 Board? 2 5 

the 

complaint-driven 

plain 

MS. 

view 

MC 

doctrine? 

ELROY: 

versus what 

I'm not 

I heard 

sure 

earlier, 

I understand. 

which was 

0 

KA-rl-W TOWSEND COURT REPORTERS 
EIB HEARING RE 20.2.65. 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. 

2 4 And Joni Arends is also, I don't think, here. 

25 Okay. 

5 2 

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? 

2 5 MS. DILLINGHAM: Any more cross-examination? 25 MS. DILLINGHPfi: That's a decent idea. 

KATHY TOWNSEND COURT REPORTERS 
El B HEARING RE 20.2.65, I 111 9/03 

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? 

2 2 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 RE 20.2.65. 1 111 9/03 

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 

6 

th4 '1 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 

KATHY TOWNSEND COURT REPORTERS 
EIB HEARING RE 20.2.65, 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 

KATHY TOWNSEND COURT REPORTERS 
EIB HEARING RE 20.2.65, I 111 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. 

2 5 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 

7 2 

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 

2 5 So there's still plenty of trees, plenty of 2 5 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 

2 0 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. 

2 4 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. 

2 3 MS. HERRERA: That you stated? 

2 4 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? 2 5 MS. DILLINGKAM: Do you represent a consortium 

KATHY TOWSEND COURT REPORTERS 
EIB HEARING RE 20.2.65. 1 111 9/03 

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? 

7 8 

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. 

2 5 MS. SMITH: The Board is the one that's 25 Do you know where it is? 

KATHY TOWNSEND COURT REPORTERS 
reference for that. 1 having been first duly sworn or affirmed, was I 

ElB HEARING RE 20.2.65, 1 1/19/03 

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 

8 3 

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 RE 20.2.65, 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 
0 

El B HEARING RE 20.2.65, 1 111 9/03 

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. 

2 0 MR. REARDON: Okay. That would be fine. 

21 MS. DILLINGHLM: Fair enough? 

22 

23 

2 4 

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 

KATHY TOVVNSEND 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 - 61 121 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 - 249 1, 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 - 1 l: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 - 4.1 2 

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 

capa bili 

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 sgrvation10:Tg' 'l0:19, 41:12, 

41:1$11:16 

consider - 5:6, 

6:16, 10:24, 23:16 

consideration - 60:21, 69:14 

Consideration23:19 

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 - 17:8 

Cooperative10:16, 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 - 1 O: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- 8.1 1 

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 - 851 1 

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, 751 9, 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, 

751 8, 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, 251 0, 

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, 1 l: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, 251 0, 

251 1, 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 - I I :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 - I I :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 

Theoretically74:23 

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, 451 5, 

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:l 1:lO 1: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