CITY OF ALBUQ!JERQ!J~

ENVIRONMENTAL HEALTH DEPARTMENT

1706 * 2006

ALBUQ!lERQ!l.E

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oR' "EN Ctc/"V :!Iffl . -_ ..:.,\. ".,.",>., •• ~, •••U.' ~~~".~6·f"r•.."" MartinJ.Chavez,Mayor

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SUBJECT: Request for updated delegation of Federal NSPS and NESI-L-\P standards

via amendments to 20.11.63 NJ\L-\C, Nell" Soun-e Pe1fol'mqnte £1/lndaidsfO,. Stationaly SOUlt'eS

and 20.11.64 NJ\L-\C, EmiJJiol1 Standaldsfrf!!!!zaldous Ai,.PollutiiUfO" Stationaly Sounu

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t,:~ ('.l t:December 14, 2006

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;§Ir. Richard E. Greene, Regional Administrator, EPA, Region VI

1445 Ross _-\venue, Suite 1200

Dallas, TX 75202-2733

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P.O. Box 1293 Dear Mr. Greene,

Albuquerque

New Mexico 87103

www.cabq.gov

I am wntmg to respectfully request that EPA update our delegation of applicable

requirements of 40 CFR Parts 60, 61, and 63, pursuant to Sections 111 and 112 of the

federal Clean Air Act, as amended. To accomplish this update, the AlbuquerqueBernalillo County Air Quality Control Board (Board) has adopted amendments to

20.11.63 NMAC, New Source PerfOrmance Standards fOr Stationary Sources and 20.11.64

NMAC, Emission StandardsfOr Hazardous Air PollutantsfOrStationary Sources, to incorporate

delegated federal emissions standards through October 28, 2006. A public hearing on

these regulation amendments Wa<; held on December 13, 2006, and the amendments

were adopted by the Air Board that night. The amended regulations were subsequently

filed with the New Mexico State Records Center, and become effective January 15, 2007.

The requested delegation will encompa<;s applicable requirements through October 28,

2006. 40 CFR 63.91 (a) requires that a State must satisfy the Criteria.fiJI' approval of 40

CPR 63.91(d) in order to receive delegation of the 40 CFR Part 63 standards. Once a

State has satisfied the CriteriafOr approval of 40 CFR 63.91(d) it need only reference the

demonstration and reaffirm that it meets the criteria in future submittals. The

Albuquerque Air Quality Division believes that it ha<; previously satisfied the CriteriafOr

approval relating to delegation of the Section 112 rules and the Air Quality Division

reaffirms that it will continue to carry out those requirements. In addition, 40 CFR

63.91 (d)(3) states that Interim or Final Title V program approval will satisfy the criteria

set forth in 40 CFR 63.91(d), up front approval criteria. This letrer also serves to

reaffirm that the Albuquerque Air Quality Division a<; the agent for the Air Board,

currently has an approved Title V program and the Air Quality Division will continue to

meet the criteria for program approval under Title V.

Albuquerque - Making History 1706-2006
-2-

As an attachment to this letter is a comprehensive list of all of the 40 CFR Part 60, 61,

and 63 standards for which delegation is being requested.

If you require additional information about this request for updated delegation

authority, please contact Mr. Isreal Tavarez, Environmental Engineering Manager of the

Air Quality Division at (505) 768-1965.

Sincerely,

Alfredo Santistevan

Director, Environmental Health Department

Enclosure

cc: Isreal Tavarez, Environmental Engineering Manager, Air Quality Division, City of Albuquerque

Fabian Macias, Operations Manager, Air Quality Division, COA

Chris Albrecht, Stationary Sources Manager, Air Quality Division, COA

Margaret Nieto, Control Strategies Supervisor, Air Quality Division, COA

Adelia Kearny, Deputy City Attorney, COA

Thomas H. Diggs, Chief; Air Planning Section (6PD-L), EPA Region VI

Ken Boyce, Air Planning Section (6PD-L), EPA Region VI
 

ALBUQUERQUE-BERNALILLO COUNTY 

AIR QUALITY CONTROL BOARD 

PUBLIC HEARING 

 

 

Proposed Amendments 

To 

20.11.63 NMAC, New Source Performance 

Standards for Stationary Sources, 

 And 

 20.11.64 NMAC, Emission Standards for 

Hazardous Air Pollutants for Stationary Sources

 

December 13, 2006 

'EXHIBITS' 
AQD Exhibit #1 Public

Review Draft 20.11.63 NMAC,

NSPS for Stationary Sources

AQD Exhibit #2 PRD 20.11.64

NMAC, Emission Standards

for Hazardous Air Pollutants

for Stationary Sources

AQD Exhibit #3 Legal Ad,

Albq. Journal, 10/28/06

AQD Exhibit #4 Legal Ad,

NM Register, 11/15/06

--_._-----------

AQD Exhibit #10 Public

Comment

AQD Exhibit #9 Emissions

standards promulgated by

EPA since July 1, 2004

AQD Exhibit #5 Listserve

Notice of Availability of PRD

and mailing list

AQD Exhibit #7 AQCB

Agenda, December 13,2006

AQD Exhibit #8 Federal

Register approving

delegation, 12/9/05

AQD Exhibit #6 Snapshot of

AQD Website with PRDs
~t) EXHIBIT

1-:1-

TITLE 20 ENVIRONMENTAL PROTECTION

CHAPTER 11 ALBUQUERQUE-BERNALILW COUNTY AIR QUALITY CONTROL BOARD

PART 63 NEW SOURCE PERFORMANCE STANDARDS FOR STATIONARY SOURCES

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

Environmental Health Department. P.O. Box 1293. Albuquerque. New Mexico 87103. Telephone: (505) 768-2600.

[1/1/2000: 20.11.63.1 NMAC - Rn, 20 NMAC 11.63.1. 1O/1/02:A. 1/1/05]

20.11.63.2 SCOPE: 20.11.63 NMAC is applicable to all stationary sources of air pollutants located within

Bernalillo county. which are subject to the requirements of 40 CFR Part 60. as amended in the Federal Register

through [~. 1. 200IJ October 28. 2006.

A. Exempt: 20.11.63 NMAC does not apply to sources within Bernalillo county that are located on

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

B. Exclusions:

(1) 40.CFR 60. Subpart AAA Standards ofPerfonnance for New Residential Wood Heaters.

(2) Reserved.

C. Variances: The variance provisions oflO.l1.7 NMAC. Variance Procedure. Revised Ordinances

ofAlbuquerque 1994 Section 9-5-1-8. Bernalillo County Ordinance 94-5. Section 8. and NMSA 1978 Section 74-2-

8 shall not apply to 20.11.63 NMAC or the incorporated federal standards.

[1/1/2000: 20.11.63.2 NMAC -Rn, 20 NMAC 11.63.2.10/1/02: A 1/1/05: A 1/1/06: A. 1/15/07]

20.11.63.3 STATUTORY AUmORITY: 20.11.63 NMAC is adopted pursuant to the authority provided in

the New Mexico Air Quality Act. NMSA 1978 Sections 74-2-4 and 74-2-5: the Joint Air Quality Control Board

Ordinance. Bernalillo County Ordinance 94-5 Sections 3 and 4: and the Joint Air Quality Control Board Ordinance.

Re"ised Ordinances of Albuquerque 1994 Sections 9-5-1-3 and 9-5-1-4.

[1/1/2000: 20.11.63.3 NMAC - Rn, 20 NMAC 11.63.3. 10/1/02: A 1/1/05]

20.11.63.4 DURATION: Pennanent.

[1/1/2000: 20.11.63.4 NMAC - Rn, 20 NMAC 11.63.4. 10/1/02]

20.11.63.5 EFFECTIVE DATE: December L 1999. unless a later date is cited at the end ofa section.

[1/1/2000: 20.11.63.5 NMAC - Rn, 20 NMAC 11.63.5 & A 10/1/02]

20.11.63.6 OBJECTIVE: To adopt specified federal New Source Perfonnance Standards (NSPS) codified

at 40 CFR Part 60 as part of 20.11.63 NMAC.

[1/1/2000: 20.11.63.6 NMAC -Rn, 20 NMAC 11.63.6.10/1/02: A 1/1/05]

20.11.63.7 DEFINITIONS: [Reserved]

20.11.63.8 SAVINGS CLAUSE: Any amendment to 20.11.63 NMAC, New Source Perfonnance Standards

for Stationary Source that is filed with the state records center and archives shall not affect actions pending for

violation of a city or county ordinance or the version of 20.11.63 NMAC, New Source Perfonnance Standards For

Stationary Sources, in effect prior to amendment. Prosecution for a violation under prior regulation wording shall be

governed and prosecuted under the ordinance, part, or regulation section in effect at the time the violation was

committed.

[1/1/2000; 20.11.63.8 NMAC - Rn, 20 NMAC 11.63.8, 10/1/02; A, 1/1/05]

20.11.63.9 SEVERABILITY: Ifany section, subsection, sentence, phrase, clause, or wording oflO.l1.63

NMAC or the federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid

by any court, the decision shall not affect the validity ofremaining portions of20.11.63 NMAC.

[1/1/2000; 20.11.63.9 NMAC - Rn, 20 NMAC 11.63.9, 10/1/02; A, 1/1/05]

20.11.63.10 DOCUMENTS: Documents incorporated and cited in 20.11.63 NMAC may be viewed at the

Albuquerque environmental health department, 400 Marquette NW, Albuquerque, NM.

[1/1/2000; 20.11.63.10 NMAC -Rn, 20 NMAC 11.63.10, & A, 10/1/02; A, 1/1/05]

20.11.63 NMAC Public Review Draft, 10/28/06
20.11.63.11 INCORPORATION OF FEDERAL STANDARDS: Except as otherwise provided in 20. 11.63

NMAC, the New Source Performance Standards promulgated by the United States enviromnental protection agency.

and codified at 40 CFR Part 60. including Subpart A-GeneralProvisions thereto. as amended in the Federal Register

through [July I. 2001] October 28. 2006. are hereby incorporated into 20.11.63 NMAC.

[1/1/2000: 20.11.63.11 NMAC -Rn 20 NMAC 11.63.11. 10/1/02: A 1/1/05: A. 1/15/07]

20.11.63.12 MODIFICATIONS AND EXCEPTIONS: For purposes of administering and enforcing

20.11.63 NMAC, the follo\\ing modification or exception is made to the federal standards that are incorporated in

20.11.63 NMAC. When the director ofAlbuquerque emuomnental health department is exercising the authority

delegated to the director by the United States environmental protection agency. the definition of "administrator" of

the United States environmental protection agency that is included in 40 CFR 60.2, Definitions. shall be changed to

"director" ofthe Albuquerque enviromnental health department.

[1/1/2000: 20.11.63.12 NMAC - Rn 20 NMAC 11.63.12. 10/1102: A 1/1/05]

HISTORY OF 20.11.63 NMAC:

Pre-NMAC IDstory: The material in this part was derived from that previously filed with the Commission of

Public Records-State Records Center and Archives.

Regulation No. 30, New Source Performance Standards. 1/3/85:

Regulation No. 30, New Source Performance Standards, 6/18/86:

Regulation No. 30, New Source Performance Standards, 7/14/89:

Regulation No. 30. New Source Performance Standards. 1/14/92:

Regulation No. 30. New Source Performance Standards. 4/22/93:

Regulation No. 30, New Source Performance Standards. 12/16/94.

History' of Repealed Material: 20 NMAC 11.63. New Source Performance Standardsfor Stationary Sources. filed

08-30-95.

Other History: Regulation No. 30, New Source Performance Standards, filed 12/16/94, was renumbered and

reformatted into first version ofthe New Mexico Administrative Code as 20 NMAC 11.63, New Source

Performance Standards for Stationary Sources, filed 08130/95.

20 NMAC 11.63, New Source Performance Standards for Stationary Sources, filed 08130/95 was replaced by 20

NMAc 11.63, New Source Performance Standards for Stationary Sources, filed 11/22/99.

20 NMAC 11.63, New Source Performance Standards for Stationary Sources, filed 11/22/99 was renumbered,

reformatted, amend.ed and replaced by 20.11.63 NMAC, New Source Performance Standards for Stationary

Sources, effective 10/1/02

20.11.63 NMAC Public Review Draft, 10/28/06 2
TITLE 20

CHAPTER 11

PART 64

A~I> EXHIBIT

I aENVIRONMENTAL PROTECTION

ALBUQUERQUE-BERNALR.LO COUNTY AIR QUALITY CONTROL BOARD

EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR STATIONARY

SOURCES

20.11.64.1 ISSUING AGENCY: Albuquerque-Bernalillo County Air Quality Control Board. c/o

Environmental Health Department P.o. Box 1293. Albuquerque. New Mexico 87103. Telephone: (505) 768-2600.

[1/1/2000: 20.11.64.1 NMAC - Rn, 20 NMAC 11.64.1. 10/1/02: A 1/1/05]

iO.ll.64.2 SCOPE: 20.11.64 NMAC is applicable to all stationary sources of air pollutants located within

Bernalillo county. which are subject to any requirements of 40 CFR Part 61 or Part 63. as amended in the Federal

Registerthrough (~. I. 200'1) October 28. 2006.

A. Exempt: 20.11.64 NMAC does not apply to sources within Bernalillo county. that are located on

Indian lands over which the Albuquerque-Bernalillo county air quality control board lacksjurisdiction

B. Exclusions:

(1) 40CFR 61. Subpart B. National Emission Standards for Radon Emissions From Underground

Uranium Mines:

(2) 40 CFR 61. Subpart H. National Emission Standards for Emissions ofRadionuclides Other Than

Radon From Department ofEnergy Facilities:

(3) 40 CFR 6 L Subpart 1 National Emission Standards for Radionuclide Emissions From Federal

Facilities Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart H:

(4) 40 CFR 61. Subpart K. National Emission Standards for Radionuclide Emissions From Elemental

Phosphorus Plants:

(5) 40 CFR 61. Subpart Q, National Emission Standards for Radon Emissions From Department of

Energy Facilities:

(6) 40 CFR 61. Subpart R National Emission Standards for Radon Emissions From Phosphogypsum

Stacks:

(7) 40 CFR 6 L Subpart T. National Emission Standards for Radon Emissions From the Disposal of

Uranium Mill Tailings: and

(8) 40 CFR 6 L Subpart W. National Emission Standards for Radon Emissions From Operating Mill

Tailings.

C. Variances: The variance provisions of 20.11.07 NMAC. Variance Procedure. Revised

Ordinances ofAlbuquerque 1994 Section 9-5-1-8. Bernalillo County Ordinance 94-5. Section 8 and NMSA 1978

Section 74-2-8 shall not apply to 20.11.64 NMAC or the incorporated federal standards.

[1/1/2000: 20.11.64.2 NMAC - Ru. 20 NMAC 11.64.2.10/1/02: A 1/1/05: A. 1/15/07]

20.11.64.3 STATUTORY AUTHORITY: 20.11.64 NMAC is adopted pursuant to the authority provided in

the New Mexico Air Quality Act, NMSA 1978 Sections 74-2-4 and 74-2-5: the Joint Air Quality Control Board

Ordinance. Bernalillo County Ordinance 94-5 Sections 3 and 4: and the Joint Air Quality Control Board Ordinance.

Revised Ordinances ofAlbuquerque 1994 Sections 9-5-1-3 and 9-5-1-4.

[1/1/2000: 20.11.64.3 NMAC -Rn, 20 NMAC 11.64.3. 10/1/02: A 1/1/05]

20.11.64.4 DURATION: Pennanent.

[1/1/2000: 20.11.64.4 NMAC - Rn. 20 NMAC 11.64.4.10/1/02]

20.11.64.5 EFFECTIVE DATE: December 1, 1999. unless a later date is cited at the end ofa section.

[1/1/2000: 20.11.64.5 NMAC -Rn, 20 NMAC 11.64.5 & A 10/1/02]

20.11.64.6 OBJECTIVE: To adopt specified federal National Emissions Standards for Hazardous Air

Pollutants (NESHAP) and National Emissions Standards for Hazardous Air Pollutants for Source Categories

codified at 40 CFR Parts 61 and 63 as part of 20.11.64 NMAC.

[1/1/2000: 20.11.64.6 NMAC -Rn, 20 NMAC 11.64.6.10/1/02: A 1/1/05]

20.11.64.7

20.11.64 NMAC

DEFINITIONS: [Reserved]

Public Review Draft, 10/28/06 1
20.11.64.8 SAVINGS CLAUSE: Any amendment to 20.11.64 NMAC Emission Standards For Hazardous

Air Pollutants For Stational)' Sources that isfiled with the state records center and archives shall not affect actions

pending for violation of a city or county ordinance or the version of 20.11.64 NMAC. Emission Standards for

Hazardous Air Pollutants for Stationary Sources. in effect prior to amendment. Prosecution for a violation under

prior regulation wording shall be governed and prosecuted under the ordinance. part. or regulation section in effect

at the time the violation was committed.

[1/1/2000: 20.11.64.8 NMAC - Rn. 20 NMAC 11.64.8. 1011/02: A 1/1/05]

20.11.64.9 SEVERABILITY: Ifany section. subsection. sentence, phrase, clause. or wording of20.11.64

NMAC or the federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid

by any court, the decision shall not affect the validity ofremaining portions of 20.11.64 NMAC.

[1/1/2000: 20.11.64.9 NMAC - Rn. 20 NMAC 11.64.9, 10/1/02: A 1/1/05]

20.11.64.10 DOCUMENTS: Documents incorporated and cited in 20.11.64 NMAC may be viewed at the

Albuquerque environmental health department. 400 Marquette NW. Albuquerque. NM.

[1/1/2000: 20.11.64.10 NMAC -Rn. 20 NMAC 11.64.10. & A. 10/1/02: A 1/1/05]

20.11.64.11 INCORPORATION OF FEDERAL STANDARDS CODIFIED AT 40 CFRPART 61:

Except as othemise provided, the National Emission Standards for Hazardous Air Pollutants. promulgated by the

United States environmental protection agency. and codified at 40 CFR Part 61. including Subpart-A General

Provisions thereto. as amended in the Federal Register through [July I. 2004] October 28. 2006. are hereby

incorporated into 20.11.64 NMAC.

[1/1/2000: 20.11.64.11 NMAC - Rn. 20 NMAC 11.64.11. 10/1/02: A 1/1/05: A. 1/15/07]

20.11.64.12 INCORPORATION OF FEDERAL STANDARDS CODIFIED AT 40 CFR PART 63:

Except as othenvise provided, the National Emissions Standards for Hazardous Air Pollutants for Source Categories.

promulgated by the United States environmental protection agency, and codified at 40 CFR Part 63. including

Subpart-A General Pro\'isions thereto, as amended in the Federal Register through [~. I. 200t] 0ct00er 28_ 2006_

are hereby incorporated into 20.11.64 NMAC.

[1/1/2000: 20.11.64.12 NMAC -Rn. 20 NMAC 11.64.12.10/1/02: A 1/1/05: A, 1/15/07]

20.11.64.13 MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) DETERMINATIONS

FOR CONSTRUCTED AND RECONSTRUCTED MAJOR SOURCES OF HAZARDOUS AIR

POLLUTANTS: Any owner or operator that constructs or reconstructs a major source of hazardous air pollutants

shall be required to perfonn a MACT determination. approved by the department. consistent with the provisions of

40 CFR 63. Sections 40 through 44. Any MACT emission limitations or requirements shall be incorporated into any

pennit issued pursuant to 20.11041 NMAC. Authority-to-Construct. or 20.11.42 NMAC. Operating Pennits.

[1/1/2000: 20.11.64.13 NMAC -Rn. 20 NMAC 11.64.13.10/1/02: A 11l/05]

20.11.64.14 MODIFICATIONS AND EXCEPTIONS: The following modifications or exceptions are made

to the incorporated federal standards:

A. For purposes of administering and enforcing 40 CFR 61, the following modification or exception

is made to the federal standards that are incorporated in 40 CFR 61. When the director ofthe Albuquerque

environmental health department is exercising the authority delegated to the director by the United States

environmental protection agency, the definition of "administrator" ofthe United States environmental protection

agency that is included in 40 CFR 61.02, Definitions, shall be changed to "director" ofthe Albuquerque

environmental health department

B. For purposes of administering and enforcing 40 CFR 63, the following modification or exception

is made to the federal standards that are incorporated in 40 CFR 63. When the director ofthe Albuquerque

environmental health department is exercising the authority delegated to the director by the United States

environmental protection agency, the definition of "administrator" ofthe United States environmental protection

agency that is included in 40 CFR 63.2, Definitions, shall be changed to "director" ofthe Albuquerque

environmental health department

C. Pursuant to 40 CFR 63.42(b), the effective date for the incorporation of40 CFR 63, Sections 40

through 44, shall be June 29, 1999. Ifthe department does not have a program to adequately implement the

provisions of Section 112(g) ofthe Clean Air Act, all case-by-case MACT detenninations made by the department

20.11.64NMAC Public Review Draft, 10/28/06 2
shall be submitted in writing to the EPA regional administrator for concurrence. All applicable MACT emission

limitations and requirements shall be incorporated into all permits issued by the department.

[l/1/2000~ 20.11.64.14 NMAC - Rn, 20 NMAC 11.64.14, 10/1/02; A, 1/1/05]

HISTORY OF 20.11.64 NMAC:

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

Public Records - State Records Center and Archives.

Regulation No. 31, Emission Standards for Hazardous Air Pollutants, 1/3/85;

Regulation No. 31, Emission Standards for Hazardous Air Pollutants, 6/18/86;

Regulation No. 31, Emission Standards for Hazardous Air Pollutants, 7/14/89;

Regulation No. 31, Emission Standards for Hazardous Air Pollutants, 1/14/92;

Regulation No. 31, Emission Standards for Hazardous Air Pollutants, 4/22/93;

Regulation No. 31, Emission Standards for Hazardous Air Pollutants, 12/16/94.

History of Repealed Material: 20 NMAC 11.64, Emission Standards for Hazardous Air Pollutants for Stationary

Sources, filed 08-30-95.

Other History: Regulation No. 31, Emission Standards for Hazardous Air Pollutants, filed 12/16/94, was

renumbered and reformatted into first version ofthe New Mexico Administrative Code as 20 NMAC 11.64,

Emission Standards for Hazanlous Air Pollutants for Stationary Sources, filed 08-30-95.

20 NMAC 11.64, Emission Standards for Hazardous Air Pollutants for Stationary Sources, filed 08-30-95 was

replaced by 20 NMAC 11.64, Emission Standards for Hazardous Air Pollutantsfor Stationary Sources, filed

11/22/99.

20 NMAC 11.64, Emission Standardsfor Hazardous Air Pollutants for Stationary Sources, filed 11/22/99,

renumbered, refo~atted,amended and replaced by 20.11.64 NMAC, Emission Standards for Hazardous Air

Pollutants for Stationary Sources, effectiye 10/1/02.

20.11.64 NMAC Public Review Draft, 10/28/06 3
I

STATE

County of

OF

Bernalillo

NEW MEXICO ----

88

Bill Tafoya, being duly sworn, declares and says that he is Classified

Advertisiug Manager of The Albuquerque Journal, and that this uewspaper is

duly qualified to publish legal notices or advertisements withiu the meaning of

Section 3, Chapter 167, Session Laws of 1937, and that payment therefore has

been made of assessed as court cost; that the notice, copy of which is hereto

attached, was published in said paper in the regular daily edition, for

----l times, the first publication being on the;;;'~ day of

/J C.::t::o t ,2 d the s se nent consecutive publications on . ,

____-\=;;.:..+---/C--* 20_"

rllI_eh"Rs,cribe to be re me, a Notary Public, in and

for the County of B rn "10 and State of New Mexico this

.32day of 0 (' ;:;t-- I of200'f

PR1C4 \ '6 '2, 1>4--

Statement to come at end of month.

ACCOUNT NUMBER C ,g:0.;5 a p

/93)

~t> EXHIBIT

13

OFFICiAL SEAL

Elyn Sloane
New Mexico Register / Volume XVII, Number 21 / November 15, 2006

Notices of Rulemaking and Proposed Rules

1037

ALBUQUERQUEBERNALILLO COUNTY

AIR QUALITY CONTROL

BOARD

ALBUQUERQUE-BERNALILLO

COUNTY AIR QUALITY CONTROL

BOARD

NOTICE OF HEARING AND

REGULAR MEETING

On December 13, 2006, at 5:15 PM, the

Albuquerque-Bernalillo County Air Quality

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

Chambers located in the basement level of

the Albuquerque-Bernalillo County

Government Center, 400 Marquette Avenue

NW, Albuquerque, NM. The hearing will

address:

• Proposal to amend 20.11.63

NMAC New Source Performance , b . Standards For Stationary Sources, y mcorporating by reference new and modified

New Source Performance Standards pub1ished in 40 CFR 60, New Source

Performance Standards (NSPS) through

October 28, 2006.

• Proposal to amend 20.11.64

NMAC, Emission Standards For Hazardous

Air Pollutants For Statjonaey Sources, by

incorporating by reference new and modified standards published in 40 CFR 61,

National Emission Standards For

Hazardous Air Pollutants (NESHAP), and

40 CFR 63, National Emission Standards

For Hazardous Air Pollutants By Source

Category (NESHAP by Source Category)

through October 28, 2006.

The Environmental Health Department's

Air Quality Division routinely updates

these regulations to incorporate federal

requirements so that new and modified standards can be incorporated in new source and

operating permits. In addition, it is proposed that the EPA delegate to t.he

Department the authority to locally admmister and enforce the standards referenced

above, throughout Albuquerque and

Bernalillo County. Local delegation authorizes the Department to require local air pollution sources to comply with these standards.

Following the hearing, the Air Board will

hold its regular monthly meeting during

which the Air Board is expected to consider

adopting the proposed revisions to 20.11.63

NMAC, New Source Performance

Standards for Statjonaey Sources, and proposed revisions to 20.11.64 NMAC,

Emission Standards for Hazardous Ajr

Pollutants for Stationary Sources.

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

Albuquerque and Bernalillo County. Local

delegation authorizes the Air Boa.rd to

administer and enforce the Clean AIr Act

and the New Mexico Air Quality Control

Act, and to require local air pollution

sources to comply with air quality standards

and regulations.

Hearings and meetings ofthe Air Board are

open to the public and all interested persons

are encouraged to participate. All persons

who wish to testify regarding the subject of

the hearing may do so at the hearing and

will be given a reasonable opportunity to

submit relevant evidence, data, views, and

arguments, orally or in writing, to i~troduce

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

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

1994 and Bernalillo County Ordinance 94-

5, Section 6.

Anyone intending to present technical testimony is asked to submit a written notice of

intent before 5:00 pm on Wednesday

December 6, 2006 to: Attn: December

Hearing Record, Mr. Neal Butt,

Albuquerque Environmental Health

Department, P.O. Box 1293, Albuquerque,

NM 87103, or in person in Room 3023, 400

Marquette Avenue NW. The notice ofintent

shall identify the name, address, and affiliation of the person.

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

received at the above P.O. Box, or

Environmental Health Department office,

before 5:00 pm on December 6, 2006. The

comments shall include the name, address

and affiliation of the individual or organization submitting the statement. Written comments may also be submitted electronically

to nbutt@cabg.gov and shall include the

required name, address and affiliation information. Interested persons may obtain a

copy of the proposed regulation amendments at the Environmental Health

Department Office, or by contacting Mr.

Neal Butt electronically at nbutt@cabg.gov

or by phone (505) 768-2660.

NOTICE FOR PERSON WITH DISABILITIES: Ifyou have a disability and/or

require special assistance please call (505)

768-2600 [Voice] and special assistance

will be made available to you to review any

public meeting documents, including agendas and minutes. TTY users call the New

Mexico Relay at 1-800-659-8331 and special assistance will be made available to you

to review any public meeting documents,

including agendas and minutes

NEW ME A~ EXHIBIT

YOU~: I i=

FAMILY

CHILDREN, YOUTH AND FAMILIES

DEPARTMENT

NOTICE OF PUBLIC HEARING

The Children, Youth and Families

Department, Family Services will hold a

fonnal public hearing on Monday,

December 18, 2006 from 2:00 p.m. to 4:00

p.rn. in the fifth (5th) floor conference room

located in the PERA Building, at 1120

Paseo de Peralta, Santa Fe, New Mexico to

receive public comments regarding proposed changes to regulation 7.20.11 ~MAC

Certification Requirements for ChIld and

Adolescent Mental Health Services.

The proposed regulation changes may be

obtained at www.newmexicokids.org or by

contacting Ken Warner at 505-827-76~3.

Interested persons may testify at the hearmg

or submit written comments no later than

5:00 p.m. on December 18, 2006. W~tten

comments will be given the same conSideration as oral testimony given at the hearing.

Written comments should be addressed to:

Ken Warner, Bureau Chief, Family

Services, Children, Youth and Families

Department, P.O. Drawer 5160 Room 209,

Santa Fe, New Mexico 87502-5160, Fax

Number: 505-476-0225.

If you are a person with a disability and you

require this information in an alternative

format or require special accommodations

to participate in the public hearing, please

contact the Family Services, Children's

Behavioral Health Services Bureau at 505-

827-8018. Family Services requests at least

ten (10) days advance notice to provide

requested alternative fonnats and special

accommodations.

NEW MEXICO HOISTING

OPERATOR'S LICENSURE

EXAMINING COUNCIL

HOISTING OPERATOR'S LICENSURE

EXAMINING COUNCIL

SPECIAL MEETING

Notice is hereby given that the Hoisting

Operator Licensure Examining Council will

hold a special meeting on Wednesday,
.I\~f) EXHIBIT

5

Butt, Neal T.

. From:

Sent:

To:

Subject:

Butt, Neal T.

Monday, November 06,20062:17 PM

Announce, Air Quality

Notice of proposed rUlemaking. Re: amendments to 20.11.63 &20.11.64 NMAC

The Air Quality Division is proposing to revise the date through which EPA has delegated local authority to the Division to

enforce Federal NSPS and NESHAPs regulations. The new end-date will be October 28, 2006. Interested persons may

, obtain a copy of the proposed regulation amendments at the Albuquerque Environmental Health Department Office, or by

contacting Mr. Neal Butt electronically at nbutt@cabq.gov or by phone at (50S) 768-2660. DO NOT REPLY DIRECTLY

TO THIS LISTSERVE ANNOUNCEMENT. The text of the legal ad announcing the hearing on this proposal follows.

ALBUQUERQUE-BERNALILW COUNTY AIR QUALITY CONTROL BOARD

NOTICE OF HEARING AND REGULAR MEETING

On December 13, 2006, at 5:15 PM, the Albuquerque-Bernalillo County Air Quality Control Board (Air Board) will hold a public

. hearing in the Vincent E. Griego Chambers located in the basement level ofthe Albuquerque-Bernalillo CoUJity Government Center,

. 400 Marquette Avenue NW, Albuquerque, NM. The hearing will address:

• Proposal to amend 20.11.63 NMAC, New Source Performance Standards For Stationary Sources, by incorporating by .

reference new and modified New Source Performance Standards published in 40 CFR 60, New Source Performance

Standards (NSPS) through October 28, 2006.

.• Proposal to amend 20.11.64 NMAC, Emission Standards For Hazardous Air Pollutants For Stationary Sources. by

incorporating by reference new and modified standards published in 40 CFR 61,National Emission Standards For

Hazardous Air Pollutants (NESHAP), and 40 CFR 63, National Emission Standards For Hazardous Air Pollutants By

Source Category (NESHAP by Source Category) through October 28, 2006. .

The Environmental Health Department's Air Quality Division routinely updates these regulations to incorporate federal requirements

so that new and modified standards can be incorporated in new source and operating pennits. In addition, it is proposed that the EPA

delegate to the Department the authority to locally administer and enforce the standards referenced above, throughout Albuquerque and

Bernalillo County. Local delegation authorizes the Department to require local air pollution sources to comply with these standards.

Following the hearing, the Air Board will hold its regular monthly meeting during which the Air Board is expected to consider

adopting the proposed revisions to 20.11.63 NMAC, New Source Performance Standards for Stationary SOurces, and proposed

revisions to 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources.

The Air Quality Control Board is the federally-delegated air quality authority for Albuquerque and Bernalillo County. Local

delegation authorizes the Air Board to administer and enforce the Clean Air Act and the New Mexico Air Quality Control Act, and to

require local air pollution sources to comply with air quality standards and regulations. .

Hearings and meetings ofthe Air Board are open to the public and all interestedpersons are encouraged to participate. All persons

who wish to testify regarding the subject ofthe hearing may do so at the hearing and will be given a reasonable opportunity to submit

relevant evidence, data, views, and arguments, orally or in writing, to introduce exhibits and to examine witnesses in accordance with

the Joint Air Quality Control Board Ordinances, Section 9-5-1-6 ROA 1994 and Bernalillo County Ordinance 94-5, Section 6.

Anyone intending to present technical testimony is asked to submit a written notice ofintent before 5:00 pm on Wednesday December

6,2006 to: Attn: December Hearing Record, Mr. Neal Butt, Albuquerque Environmental Health Department, P.O. Box 1293,

Albuquerque, NM 87103, or in person in Room 3023, 400 Marquette Avenue NW. The notice ofintent shall identify the name,

address, and affiliation ofthe person.

In addition, written comments to be incorporated into the public record should be received at the above P.O. Box, or Environmental

Health Department office, before 5:00 pm on December 6, 2006. The comments shall include the name, address and affiliation ofthe

individual or organization submitting the statement. Written comments may also be submitted electronically to nbutt@cabg.gov and

shall include the required name, address and affiliation information. Interested persons may obtain a copy ofthe proposed regulation

amendments at the Environmental Health Department Office, or by contacting Mr. Neal Butt electronically at nbutt@cabg.gov or by

phone (505) 768-2660.

1
NOTICE FOR PERSON WITH DISABILITIES: Ifyou have a disability and/or require special assistance please call (505)

768-2600 [Voice] and special assistance will be made available to you to review any public meeting documents, including agendas and

minutes. lTY users call the New Mexico Relay at 1-800-659-8331 and special assistance will be made available to you to review any

public meeting documents, including agendas and minutes

2
Butt. Neal T.

From:

• Sent:

To:

Subject:

Stark, Lee

Tuesday, July 18, 200612:10 PM

Butt, Neal T.

FW: air-quality-announce

----Original Message--

From: correo [mailto:root@correo.cabq.gov]

. Sent: Tuesday, July 18,200612:09

To: Stark, Lee

SUbject: air-quality-announce

rcudney@swcp.com

hershber@unm.edu

mldumon@sandia.gov

gdennis@cabq.gov

gdingman@cabq.gov

bjones@cabq.gov

akearny@cabq.gov

jliberatore@cabq.gov

bortega@cabq.gov

yrosario@cabq.gov

mstebleton@cabq.gov

dwarren@cabq.gov

gwheeler@cabq.gov

Churchhw@aol.com

du_mond@juno.com

LRose@montand.com

bagallegos@cabq.gov

caaragon@cabq.gov

ppuckett@cabq.gov

itavareZ@cabq.gov

calbrecht@cabq.gov

dgates@cabq.gov

mltorrez@cabq.gov

bmcgill@gcc.com

mayor@cabq.gov

flucero@cabq.gov

dsalisbury@cabq.gov

bwinter@cabq.gov

msanchez@cabq.gov

spruiell.stanley@epamail.epa.gov

page.daron@epamail.epa.gov

todd.robert@epamail.epa.gov

ychavez@mercury.bernco.gov

emckinley@mercury.bernco.gov

msalazar@mercury.bernco.gov

Mark.Plumley@med.va.gov

steve_dubyk@nmenv.state.nm.us

guyfortier@mindspring.com

belljd@vmcmail.com

kobnews@swcp.com

paul.burt@krqe.com

Itafoya@mercury.bernco.gov

t1oner@cabq.gov

drocha@cabq.gov

1
nbennett@mercury.bernco.gov

clehner@cabq.gov

shivgoel@hotmail.com

pchandler@bernco.gov

LanLWeaver@nmenv.state.nm.us

GaiLCooke@nmenv.state.nm.us

Sandra_Ely@nmenv.state.nm.us

rita_trujillo@nmenv.state.nm.us

Icaudill@flash.net

Brad_Musick@nmenv.state.nm.us

slacy@doeal.gov

dmckay@abqjournal.com

karenflash@aol.com

dunnpilo@swcp.com

kmulloy@salud.unm.edu

akirkman@e2m.net

mpappas@e2m.net

cityhall@village.tjjeras.nm.us

sricdon@earthlink.net

fmacias@cabq.gov

jgould@doeal.gov

mnelson@swcp.com

hdoldew@sandia.gov

Istark@cabq.gov

tmenicucci@cabq.gov

paul.silverman@geltmore.com

Bertha.Montoya@nmshtd.state.nm.us

mcarstens@deltapower.com

rwilliams@classonetech.com

jeffreyJredine@nmshtd.state.nm.us

ray.matthew@nmshtd.state.nm.us

EAdams@cabq.gov

JCastillo@cabq.gov

JCzar@cabq.gov

MGomez@cabq.gov

SMayer@cabq.gov

..IDileanis@cabq.gov

MCadigan@cabq.gov

EGriego@cabq.gov

TCummins@cabq.gov

RSertich@cabq.gov NBennett@bernco.gov

SGallegos@bernco.gov

TCummins@bernco.gov

LTafoya@bernco.gov

rdoucette@bernco.gov

adgallegos@bernco.gov

emckinley@bernco.gov

planner@co.valencia.nm.us

sricpaul@earthlink.net

poienvir@nm.net

atwood_c@aps.edu

danwestern@qwest.net

aquaticpoolsinc.com

aquatic004@aol.com

ronfernandeZ@sandiaproperties.com

ALEX.CUELLAR@citcomm.com

MayorChavez@Village.Tijeras.NM.US

wade.peggy@epa.gov

2
Regtext@netscan.com

dennisr@agc-nm.org

dsumshler@worldnet.att.net

vljaramillo@cabq.gov

• dnason@cabq.gov

pmseby@5280Iaw.com

jhorton@agc-nm.org

• wacorrals@msn.com

tlucero@mercury.bernco.gov

ksuozzi@mercury.bernco.gov

TimW@mercury.bernco.gov

sfish@mercury.bernco.gov

gschroeder@mercury.bernco.gov

TRAILSMGMT@aol.com

, betchang@salud.unm.edu

gnryba@cybermesa.com

nmpirg@pirg.org

kkobam@citcomm.com

rogerp@mercury.bernco.gov

davem@bernco.gov

ericz@bernco.gov

grogan@mrgcd.com

hbutts6@comcast.net

jkelly@amafca.org

Isk@swcp.com

.

DRay@cabq.gov

roger.o.mcclellan@att.net

Imoye@pnm.com

rmead@desertmtncorp.com

dapotter@fsJed.us

robby@swop.net

r1ee@blm.gov

swalters@cabq.gov

bhall@cabq.gov

ssummers@cabq.gov

aduran@cabq.gov

Ithomas@geraldmartin.com

jackson@high-desert.com

bvreeke@bhinc.com

moisessanchez@terra.cl

stevem@bernco.gov

jleckst@sandia.gov

hahwang@sandia.gov

rsanchez@generalgrowth.com

theresasanchez@cabq.gov

jkubica@cabq.gov

tagarcia@cabq.gov

mcandelaria@cabq.gov

bamaldonado@cabq.gov

sumshler@rcac.org

rmcclannahan@abqjournal.com

cblewett@mrcog-nm.gov

pgrice6622@aol.com

jlovato@amafca.org

aldaz@aps.edu

tcallaha@slo.state.nm.us

kwent2@unm.edu

NButt@cabq.gov

craig.sloggett@bnsf.com

3
jay@horsemensvoice.com

nancygage@horsemensvoice.com

rbeverly8@msn.com

Iwatson@unm.edu

kenneth.murphy@nmshtd.state.nm.us

sglass@cabq.gov

.

nelsonconsulting@qwest.net

GGalfegos@salud.unm.edu

broehm@wagnerequipment.com

gnerich@hotmail.com

IIoydh@flash.net

bjbrockx@aol.com

gary.henderson@erm.com

mike.sullivan@wmeng.com

mike@bmt-tank.com

sfettes@cabq.gov

jhamel@cabq.gov

tmiller@cabq.gov

dhogan@cabq.gov

ccaruso@cabq.gov

., valcole@f1ash.net

mikehconsulting@aol.com

kmaesta@pnm.com

andrew.d.moen@intel.com

helen.Rinehart@genmills.com

DANIELDENTON@msn.com

John.Tenison@valero.com

Kordzi.Joe@epamail.epa.gov

tlucero@bernco.gov

polbarbara@7cities.net

poi36801@isletapueblo.com

jbrennan@abqjournal.com

NNorem@pnm.com

Rigney.Theresa@ev.state.az.us

cabeyta@zianet.com

ddailey@cabq.gov

apuglisi@sandiapueblo.nsn.us

swngaikido@yahoo.com

gjoffe1@comcast.net

Tomkuehn@where2fly.com

ARogers967@aol.com

sparker@ntec.org

andLberger@nmenv.state.nm.us

julio171@unm.edu

Joanne@1000friends-nm.org

PatMcCraw@aol.com

nucanm@nucanm.org

hqhfarm@comcast.net

rogerp@bernco.gov

sdanciger@bernco.gov

hoofprintspublication@hotmail.com

domalley@cabq.gov

mheinrich@cabq.gov

cloy@cabq.gov

msalazar@bernco.gov

jowen@ci.rio-rancho.nm.us

lori.snyder@ae.ge.com

Jackie.Carnes@kirtland.af.mil

peter.bauer@americangypsum.com

4
I jcacklen@swcp.com

scott.clark@kirtland.af.mil

Jennifer.Dann@kirtland.af.mil

nmcga@nmagriculture.org

• RSolomon@cabq.gov

jlewis@cybermesa.com

mark@markrudd.com

• marlagaye@aol.com

kevin.bean@earthlink.net

caallen@5280Iaw.com

john.pike@kirtland.af.mil

mbfernandeZ@aol.com

tomasita@swop.net

julio_dominguez1@yahoo.com

· rawlings@unm.edu

krichards@bernco.gov

jens_deichmann@urscorp.com

· deichman@swcp.com

Dalderete@cabq.gov

brian.degani@nmshtd.state.nm.us

Rosanne_Sanchez@nmenv.state.nm.us

Jebrink@comcast.net

khendricks@bernco.gov

joyjoys@aol.com

Shar.Alan@epamail.epa.gov

dnaranjo@pathways-inc.net

msprick@mrcog-nm.gov

sjlucero@cabq.gov

rennie.sandra@epa.gov

mail364955@pop.net

MNieto@cabq.gov

shattenbach@rodey.com

dzamora@cabq.gov

carl.nord@etest.com

Corey.Hansen@lafarge-na.com

jWjengr@aol.com

sfinch@shomaker.com

raragon@donalddvigil.com

tpedroncelli@cabq.gov

bobmanhard@comcast.net

Rosalind.Jones@state.nm.us

orlando-r@msn.com

mdavis@abqjournal.com

pghahnphd@comcast.net

spiltch@nmelc.org

orlando_r@msn.com

phalajian@modrall.com

Ggrace@bicnm.com

asantistevan@cabq.gov

mcampen@lrrLorg

mminturn2@comcast.net

wcs@modrall.com

felicia.orth@state.nm.us

jdimas80@yahoo.com

hseus@e2m.net

mvanreenen@e2m.net

jrodriguez@abqjournal.com

SWarfield@cabq.gov

rgedrim@msn.com

5
dkenny@atlasabq.com.

\mollywhy2004@yahoo.com

LSonntag@cabq.gov

6
--~---- ----------------------------------------~~------------------,

:AqD EXHIBIT

. to

'\1'

"""

"GoUp

Air Quality Home

Rl!Ium 10 Ihe Clearinghouse

Calandaf of Ewnls

I ifif gfFyeEJt§

Welcome 10 the AQee AQCA Regulations

AQCB Draft Regulatjons

",QCe Mefflinq Minutes

Air Quality Ordinances

CitY Ordinances

Public Review Dr.ofts. 20 11 63 Q ?O.lUi4 NMI\C

Neal T. Butt, 11/05/2006 - 04:25 PM

@ \'§1l.§0~

FiIie~

Miausoftword·ZO.1L64NMAC NB:ReviewDraft 1.•.

~-Mcrosofl: word -lO.1 1.63 MlVlC PltIIk: RevIew Draft.pd'

94KB 1I/6/200S3:52:30PM

88KB 11(6./2006 3:'18:'12 PM

-llD-~

$@]~~"'.":';' .
Albuquerque-Bernalillo County

Air Quality Control Board

Jens Deichrnann, Chair - County, Augustine Grace III, PE, Vice Chair - City,

Dr. Matthew Campen, PhD - City, Mike Minturn - City, Dr. Johnnye Lewis, PhD - County,

Karen Wentworth - County Vacant· City

Mr. Isreal Tavarez -SecretarY to the Board Vacant - EPC Liaison to the Board

D ra ft A I! e D d a

Date: December 13,2006 (Wednesday) Location:

Time: 5: 15 pm Vincent E. Griego Chambers

Albuquerque-Bernalillo County

Genf!ral inquires regarding this agenda may be directed to Neal Butt (505) 768- Government Center

400 Marquette NW 2660, (nbutt@cabq.gov). AlbUQuerQue, NM

Hearing

• Proposal to amend 20.11.63 NMAC, New Source Perfonnance Standards For Stationary Sources, by

incorporating by reference new and modified New Source Perfonnance Standards published in 40 CFR 60,

New Source Performance Standards (NSPS) through October 28, 2006.

• Proposal to amend 20.11.64 NMAC, Emission Standards For Hazardous Air Pollutants For Stationary

Sources, by incorporating by reference new and modified standards published in 40 CFR 61, National

Emission Standards For Hazardous Air Pollutants (NESHAP), and 40 CFR 63, National Emission

Standards For Hazardous Air Pollutants By Source Category (NESHAP by Source Category) through

October 28, 2006.

Regular Monthly Meeting Agenda

CALL TO ORDER

Item #1 Approval ofthe Agenda (Chair).

Item #2 Approval ofthe Nov. 8, 2006 Meeting Minutes (Chair).

ACTION ITEMS

Item #3 Decision regarding adoption of Proposal to amend 20.11.63 NMAC, New Source Perfonnance

Standards For Stationary Sources, by incorporating by reference new and modified New Source

Perfonnance Standards published in 40 CFR 60, New Source Performance Standards (NSPS)

through October 28, 2006.

Decision regarding adoption ofProposal to amend 20.11.64 NMAC, Emission Standards For

Hazardous Air Pollutants For Stationary Sources, by incorporating by reference new and modified

standards published in 40 CFR 61, National Emission Standards For Hazardous Air Pollutants

(NESHAP), and 40 CFR 63, National Emission Standards For Hazardous Air Pollutants By

Source Category (NESHAP by Source Category) through October 28, 2006.

Item #4 Resolution Setting Calendar for the Official List ofRegular Albuquerque-Bernalillo County Air

Quality Control Board Meetings for the Year 2007.

Item #5 Resolution Detennining Reasonable Notice of Public Meetings of the Albuquerque-Bernalillo

County Air Quality Control Board.

PRESENTAnONS

Item #6 Request for Comments on Mesa del Sol - Lawrence Kline, Denish Kline & Asso.

AQCB Draft Agenda Page lof2
REPORTS

Item #7

Item #8

Item #9

Division reports provided in writing. Staff available for questions.

Update on 20.11.20 NMAC, Fugitive Dust Control- Air Quality Division.

Navigation of AQD website - Air Quality Division.

Board Committee Reports

• By-Laws Committee update. Maria Dominguez, Board Attorney.

OTHER BUSINESS

Item #10 Reminder of upcoming hearings:

• Reopening of hearing in the matter ofMountain View Neighborhood Association, South

Valley Coalition ofNeighborhood Associations, Joaquin Altamirano, Julio Dominguez and Patty

Grice and Teresa Ortiz-Strogen, Petitioners, vs. City ofAlbuquerque, Respondent, Docket No.

AQCB-2006-01, challenging the issuance ofAuthority-to-Construct Pennit No. 1758 to Vulcan

Materials Co. on January 10,2006,9:00 am, Albuquerque Convention Center, Picuris Room.

PUBLIC COMMENT

ADJOURNMENT

NEXT SCHEDULED BOARD MEETING: February 14,2006,5:30 Meeting,

NOTICE TO INDIVIDUALS WITHDISABILITIES: Ifyou have a disability and/or require special assistance to participate in this process.

please call (505) 768-2600 [Voice] and special assistance will be made available to you to review anypublic meeting documents, including

agendas and minutes. TTY users may request special assistance by calling the above number through the New Mexico Relay at 1-800-659-833r

AQCB Draft Agenda Page 20f2
73138 Federal Register/Vol. 70, No. 236/Friday, December 9, 200S/Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 60, 61, and 63

[R06-0AR-2005-NM-0005; FRL~2]

New Source Performance Standards

and National Emission Standards for

Hazardous Air Pollutants; Delegation

of Authority to Albuquerque-Bernalillo

County Air Quality Control Board

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; delegation of

authority.

SUMMARY: The Albuquerque-Bernalillo

County Air Quality Control Board

(ABCAQCB) has submitted updated

regulations for receiving delegation of

EPA authority for implementation and

enforcement of New Source

Performance Standards (NSPS) and

National Emission Standards for

Hazardous Air Pollutants (NESHAPs)

for all sources. These regulations apply

to certain NSPS promulgated by EPA, as

amended through July 1, 2004, and

certain NESHAPs promulgated by EPA,

as amended through July 1, 2004. The

delegation of authority under this notice

applies only to sources located in

Bernalillo County, New Mexico, and

does not extend to sources located in

Indian country. EPA is providing notice

that it has approved delegation of

certain NSPS to ABCAQCB, and taking

direct final action to approve the

delegation of certain NESHAPs to

ABCAQCB.

DATES: This rule is effective on February

7, 2006 without further notice, unless

EPA receives relevant adverse comment

by January 9, 2006. IfEPA receives such

comment, EPA will publish a timely

withdrawal in the Federal Register

informing the public that this rule will

not take effect.

ADDRESSES: Submit your comments,

identified by Regional Materials in

EDocket (RME) ill No. R06-0AR-2005-

NM-0005, by one ofthe following

methods:

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line

instructions for submitting comments.

• Agency Web site: http://

docket.epa.gov/rmepub/, Regional

Materials in EDocket (RME), EPA's

electronic public docket and comment

system, is EPA's preferred method for

receiving comments. Once in the

system, select "quick search," then key

in the appropriate RME Docket

identification number. Follow the online instructions for submitting

comments.

• U.S. EPA Region 6 "Contact Us"

Web site: http://epa.gov/region6/

r6coment.htm. Please click on "6PD"

(Multimedia) and select "Air" before

submitting comments.

• E-maIl: Jeff Robinson at

robinson.ieffre~pa.gov.

• Fax: Mr. Jeff Robinson, Air Permits

Section (6PD-R), at fax number 214-

665-7263.

• Mail: Mr. Jeff Robinson, Air Permits

Section (6PD-R). Environmental

Protection Agency, 1445 Ross Avenue,

Suite 1200, Dallas, Texas 75202-2733. • Hand or Courier Delivery: Mr. Jeff

Robinson, Air Permits Section (6PD-R),

Environmental Protection Agency, 1445

Ross Avenue, Suite 1200, Dallas, Texas

75202-2733. Such deliveries are

accepted only between the hours of 8

a.m. and 4 p.m. weekdays except for

legal holidays. Special arrangements

should be made for deliveries of boxed

information.

Instructions: Direct your comments to

Regional Materials in EDocket (RME) ill

No. R06-0AR-2005-NM-0005. EPA's

policy is that all comments received

will be included in the public file

without change, change and may be

made available online at http://

docket.epa.gov/rmepub/, including any

personal information provided, unless

the comment includes information

claimed to be Confidential Business

Information (CBI) or other information

the disclosure ofwhich is restricted by

statute. Do not submit information

through Regional Material in EDocket

(RME), regulations.gov, or e-mail if you

believe that it is CBI or otherwise

protected from disclosure. The EPA

RME Web site and the Federal

regulations.gov are "anonymous access"

systems, which means EPA will not

know your identity or contact

information unless you provide it in the

body of your comment. If you send an

e-mail comment directly to EPA without

going through RME or regulations.gov,

your e-mail address will be

automatically captured and included as

part of the comment that is placed in the

public file and made available on the

Internet. If you submit an electronic

comment, EPA recommends that you

include your name and other contact

information in the body of your

comment and with any disk or CD-ROM

you submit. IfEPA cannot read your

comment due to technical difficulties

and cannot contact you for clarification.

EPA may not be able to consider your

comment. Electronic files should avoid

the use ofspecial characters, any form

of encryption, and be free of any defects

or viruses.

Docket: All documents in the

electronic docket are listed in the

Regional Materials in EDocket (RME)

index at http://docket.epa.gov/rmepub/.

Although listed in the index, some

information is not publicly available,

i.e., CBI or other information whose

disclosure is restricted by statute.

Certain other material, such as

copyrighted material, is not placed on

the Internet and will be publicly

available only in p.ard copy form.

Publicly available docket materials are

available either electronically in RME or

in the official file which is available at

the Air Permitting Section (6PD-R),

Environmental Protection Agency, 1445

Ross Avenue, Suite 700, Dallas, Texas

75202-2733. The file will be made

available by appointment for public

inspection in the Region 6 FOIA Review

Room between the hours of8:30 a.m.

and 4:30 p.m. weekdays except for legal

... holidays. Contact the person listed in

the FOR FURTHER INFORMATION CONTACT

paragraph below to make an

appointment. If possible, please make

the appointment at least two working

days in advance of your visit. There will

be a 15 cent per page fee for making

photocopies of documents. On the day

ofthe visit, please check inat the EPA

Region 6 reception area at 1445 Ross

Avenue, Suite 700, Dallas, Texas.

The delegation request is also

available for public inspectio.~at the

State Air Agency listed1;lel6W during

official business hours by al?pointment:

City of Albuquerque, EnVIrOnmental

Health Department, Air Quality

Division, 11850 Sunset Gardens SW.,

Albuquerque, New Mexico 87121.

FOR FURTHER INFORMATION CONTACT: Mr.

Jeff Robinson, U.S. EPA, Region 6,

Multimedia Planning and Permitting

Division (6PD), 1445 Ross Avenue,

Dallas, TX 75202-2733, telephone (214)

665-6435; fax number 214-665-7263; or

electronic mail at

robinson.jefftey@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever

"we," "us," or "our" is used, we mean

the EPA.

Table ofContents

I. General Information

II. What Does This Action Do?

m. What Is The Authority for Delegation?

IV. What Criteria Must ABCAQCB's Program

Meet To Be Approved?

V. How Did ABCAQCB Meet the Approved

Criteria?

VI. What Is Being Delegated?

Vll. What Is Not Being Delegated?

VIn. How Will Applicability Determinations

Under Section 112 Be Made?

IX. What Authority Does EPA Have?

X. What Information Must ABCAQCB

Provide to EPA?

XI. Whatls EPA's Oversight of This

Delegation to ABCA~'1iii?" "_.

~qD EXHIBrr~
Federal Register/Vol. 70, No. 236/Friday, December 9, 200S/Rules and Regulations 73139

XII. Should Sources Submit Notices to EPA

orABCAQCB?

xm. How Will Unchanged Authorities Be

Delegated to ABCAQCB in the Future?

XIV. What Is The Relationship Between

ReRA and the Hazardous Waste

Combustor MACf?

XV. Final Action

XVI. Statutory and Executive Order Reviews

I. General Information

A. Tips for Preparing Your Comments

When submitting comments,

remember to:

1. Identify the rulemaking by docket

number and other identifying

information (subject heading, Federal

Register date and page number).

2. Follow directions-The agency may

ask you to respond to specific questions

or organize comments by referencing a

Code of Federal Regulations (CFR) part

or section number.

3. Explain why you agree or disagree;

suggest alternatives and substitute

language for your requested changes.

4. Describe any assumptions and

provide any technical information andl

or data that you used.

5. If you estimate potential costs or

burdens, explain how you arrived at

your estimate in sufficient detail to

allow for it to be reproduced.

6. Provide specific examples to

illustrate your concerns, and suggest

alternatives.

7. Explain your views as clearly as

possible, avoiding the use of profanity

or personal threats.

8. Make sure to submit your

comments by the comment period

deadline identified.

B. Submitting Confidential Business

Information (GEl)

Do not submit this information to EPA

through regulations.gov or e-mail.

Clearly mark the part or all ofthe

information that you claim to be CBl.

For CBIinformation in a disk or CD

ROM that you mail to EPA, mark the

outside ofthe disk or CD ROM as CBl

and then identify electronically within

the disk or CD ROM the specific

information that is claimed as CBI. In

addition to one complete version of the

comment that includes information

claimed as CBI, a copy of the comment

that does not contain the information

claimed as CBI must be submitted for

inclusion in the public docket.

Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

n. What Does This Notice Do?

EPA is providing notice that it is

delegating authority for implementation

and enforcement of certain NSPS to

ABCAQCB. EPA is also taking direct

final action to approve the delegation of

certain NESHAPs to ABCAQCB. With

this delegation. ABCAQCB has the

primary responsibility to implement

and enforce the delegated standards.

The notice also consolidates the table

which specifies the part 63 delegations

in New Mexico to the New Mexico

Environment Department (NMED) and

ABCAQCB. The subpart delegations

previously made to the NMED on

February 9,2004, are not open to public

comment. 68 FR 69036 (December 11,

2003). See Section VI, below, for a

complete discussion of which standards

are being delegated and which are not

being delegated.

III. What Is The Authority for

Delegation?

Section 111(c)(1) of the Clean Air Act

(CAA) authorizes EPA to delegate

authority to any state agency which

submits adequate regulatory procedures

for implementation and enforcement of

the NSPS program. The NSPS standards

are codified at 40 CFR Part 60.

Section 112(1) of the CAA and 40 CFR

Part 63, Subpart E, authorizes EPA to

delegate authority to any state or local

agency which submits adequate

regulatory procedures for

implementation and enforcement of

emission standards for hazardous air

pollutants. The hazardous air pollutant

standards are codified at 40 CFR Parts

61 and 63.

IV. What Criteria Must ABCAQCB's

Program Meet To Be Approved?

This notice notifies the public that

EPA is updating ABCAQCB's delegation

to implement and enforce certain NSPS.

EPA previously approved ABCAQCB's

program for the delegation of NSPS. 54

FR 52031 (December 20, 1989), 57 FR

48563 (October 27,1992). and 60 FR

52329 (October 6,1995). As to the

NESHAP standards in Parts 61 and 63,

Section 112(1) of the CAA enables EPA

to approve State and local air pollution

agencies air toxics programs or rules to

operate in place of the Federal air toxics

program or rules. 40 CFR part 63,

Subpart E (Subpart E) governs EPA's

approval of State rules or programs

under Section 112(1).

A. NSPS Criteria

EPA will approve an air toxics

program if we find that:

(1) The State program or local air

pollution agency is "no less stringent"

than the corresponding Federal program

or rule;

(2) The State or local air pollution

agency has adequate authority and

resources to implement and enforce the

program;

(3) The schedule for implementation

and compliance is sufficiently

expeditious; and

(4) The program otherwise complies

with Federal guidance.

B. NESHAP Criteria

In order to obtain approval of its

program to implement and enforce

Federal section 112 rules as

promulgated without changes (straight

delegation), only the criteria of 40 CFR

63.91(d) must be met in addition to the

requirements listed above as NSPS

criteria. Section 63.91(d)(3) provides

that interim or final Title V program

approval will satisfy the criteria of

§ 63.91(d) for Part 70 sources. EPA

previously approved ABCAQCB's

program for the delegation of NESHAPS

in 40 CFR part 61. 54 FR 52031

(December 20, 1989),57 FR 48563

(October 27,1992), and 60 FR 52329

(October 6,1995).

V. How Did ABCAQCB Meet the

Approval Criteria?

A. NSPS Criteria

ABCAQCB adopted the Federal

requirements via incorporation by

reference. As a result. the minimum

requirement ofCAA Section 111, that

their standard is at least as stringent as

EPA's rules. has been met. ABCAQCB

demonstrated the remaining criteria

when EPA previously approved

ABCAQCB's program for the delegation

of NSPS. 54 FR 52031 (December 20,

1989),57 FR 48563 (October 27,1992),

and 60 FR 52329 (October 6,1995).

B. NESHAP Criteria

As part of its Title V submission,

ABCAQCB stated that it intended to use

the mechanism of incorporation by

reference to adopt unchanged Federal

section 112 into its regulations. This

applied to both existing and future

standards as they applied to Part 70

sources. 60 FR 2527-2534 Uanuary 10,

1995), EPA approved ABCAQCB's

program for receiving delegation of

existing and future standards when it

granted final interim approval to

ABCAQCB's Title V program. 60 FR

2527-2534 Uanuary 10, 1995), 60 FR

13046-13047 (March 10, 1995). In

addition, on November 26,1996, EPA

promulgated full approval of

Albuquerque-Bernalillo County's

operating permits program. 61 FR

60032. Under 40 CFR 63.91(d)(2), once

a state or local air pollution agency has

satisfied up-front approval criteria, it

needs only to reference the previous

demonstration and reaffirm that it still
73140 Federal Register/ Vol. 70, No. 236/ Friday, December 9, 2005/Rules and Regulations .

meets the criteria for any subsequent ABCAQCB's request was for Waste Landfills) as amended in the

submittals. ABCAQCB has affirmed that delegation of certain NSPS and Federal Register through July 1, 2004.

it still meets the up-front approval NESHAP for all sources (both Part 70 The effective date ofthe Federal

criteria. and non-Part 70 sources). The request delegation for NSPS under Section 111

VI. What Is Being Delegated? includes revisions of 20.11.63 NMAC, is the date that this Federal Register is

20.11.64 NMAC, as adopted by the published. For the Part 61 NESHAPs,

EPA received a request to update the Albuquerque-Bernalillo County Air this revision included all NESHAPs

NSPS and NESHAP delegations on th April 11, 2005. ABCAQCB requested the Quality Control Board. ForNSPS, is promulgated by EPA as amended in the

d th d I f revision incorporated all NSPS Federal Register through July 1, 2004,

EPA to up ate e e egation 0 promulgated by EPA (except Subpart I d' S b arts B H I K Q R T authority for the following: exc u Ing up, " , , , ,

A. NSPS (40 CFR Part 60 standards) AAA-Standards of Performance for and W. For the Part 63 NESHAPs, the

through July 1, 2004; New Residential Wood Heaters, Subpart request includes the NESHAPs set forth

B. NESHAPs (40 CFR Part 61 WWW-StandardsofPerformancefor in Table 1 below. The effective date of

standards) through July 1, 2004; and Muncipal Solid Waste Landfills, and the Federal delegation for Parts 61 and

C. NESHAPs (40 CFR Part 63 Subpart Cc-Emission Guidelines and 63 standards is the effective'date ofthis

standards) through July 1, 2004. Compliance Times for Municipal Solid rule.

TABLE 1.-40 CFR PART 63 NESHAPs FOR SOURCE CATEGORIES DELEGATED TO ABCAQCB

Subpart Source category

A General Provisions.

D '......................... Early Reductions.

F Hazardous Organic NESHAP (HON}-Synthetic Organic Chemical Manufacturing Industry (SOCMI).

G HON-SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater.

H HON-Equipment Leaks.

I HON-Certain Processes Negotiated Equipment Leak Regulation.

J Polyvinyl Chloride and Copolymers Production.

L Coke Oven Batteries.

M Perchloroethylene Dry Cleaning.

N Chromium Electroplating and Chromium Anodizing Tanks.

o Ethylene Oxide Sterilizers.

o Industrial Process Cooling Towers.

R Gasoline Distribution.

S Pulp and Paper Industry.

T Halogenated Solvent Cleaning.

U ;........................ Group J Polymers and Resins.

W Epoxy Resins Production and Non-Nylon Polyamides Production.

X Secondary Lead Smelting.

Y Marine Tank Vessel Loading.

AA Phosphoric Acid Manufacturing Plants.

BB Phosphate Fertilizers Production Plants.

CC Petroleum Refinerias.

DD Off·Site Waste and Recovery Operations.

EE Magnetic Tape Manufacturing.

GG Aerospace Manufacturing and Rework Facilities.

HH Oil and Natural Gas Production Facilities.

II Shipbuilding and Ship Repair Facilities.

JJ Wood Fumiture Manufacturing Operations.

KK Printing and Publishing Industry.

LL Primary Aluminum Reduction Plants.

MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide. and Stand-Alone Semichemical Pulp Mills.

00 Tanks-Level 1.

PP Containers.

00 Surface Impoundments.

RR Individual Drain Systems.

SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process.

IT Equipment Leaks-Control Level 1.

UU Equipment Leaks-Control Level 2 Standards.

W Oil-Water Separators and Organic-Water Separators.

WW Storage Vessels (Tanks)--Control Level 2.

YY Generic Maximum Achievable Control Technology Standards.

CCC Steel Picklin~HCI Process Facilities and Hydrochloric Acid Regeneration Plants.

DDD Mineral Wool Production.

EEE Hazardous Waste Combustors.

GGG Pharmaceuticals Production.

HHH Natural Gas Transmission and Storage Facilities.

III Flexible Polyurethane Foam Production.

JJJ Group IV Polymers and Resins.

LLL Portland Cement Manufacturing.

MMM Pesticide Active Ingredient Production.

NNN Wool Fiberglass Manufacturing.

000 Amino/Phenolic Resins.

PPP Polyether Polyois Production.
Federal RegisterIVaI. 70, No. 236/ Friday, December 9, 2005/ Rules and Regulations 73141

TABLE 1.-40 CFR PART 63 NESHAPs FOR SOURCE CATEGORIES DELEGATED TO ABCAQCB-Continued

Subpart Source category

, .,,'

QQQ Primary Copper Smelting.

RRR Secondary Aluminum Production.

TTl Primary Lead Smelting.

UUU Petroleum Refineries-Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants.

VW Publicly Owned Treatment Works (POTW).

XXX Ferroalloys Production: Ferromanganese and Silicomanganese.

AAAA Municipal Solid Waste Landfills.

CCCC Nutritional Yeast Manufacturing.

EEEE Organic Liquid Distribution.

FFFF Miscellaneous Organic Chemical Manufacturing.

GGGG Solvent Extraction for Vegetable Oil Production.

HHHH Wet Formed Fiberglass Mat Production.

1111 Auto & Ught Duty Truck.

JJJJ Paper & Other Web Coating.

KKKK Surface Coating of Metal Cans.

MMMM Surface Coating of Miscellaneous Metal Parts and Products.

NNNN Surface Coating of Large Appliances.

0000 Printing, Coating, and Dyeing of Fabrics and Other Textiles.

PPPP Plastic Parts.

QQQQ Surface Coating of Wood Building Products.

RRRR Surface Coating of Metal Furniture.

SSSS Surface Coating of Metal Coil.

TTTT Leather Finishing Operations.

UUUU Cellulose Production Manufacture.

VWV Boat Manufacturing.

WWWW.....................Reinforced Plastic Composites Production.

XXXX Tire Manufacturing.

YYYY Stationary Combustion Turbines.

ZZZ2. Reciprocating Internal Combustion Engines.

AAAAA Lime Manufacturing Plants.

BBBBB Semiconductor Manufacturing.

CCCCC Coke Ovens: Pushing, Quenching and Battery Stacks.

EEEEE Iron and Steel Foundries.

FFFFF Integrated Iron and Steel.

GGGGG Site Remediation.

HHHHH Miscellaneous Coating Manufacturing.

11111 Mercury Cell Chlor-Alkali Plants.

JJJJJ Brick and Structural Clay Products.

KKKKK Clay Ceramics Manufacturing.

LLLLL Asphalt Roofing and Processing.

MMMMM Flexible Polyurethane Foam Fabrication Operation.

NNNNN Hydrochloric Acid Production.

PPPPP Engine Test Cells/Stands.

QQQQQ Friction Products Manufacturing.

RRRRR Taconite Iron Ore Processing.

SSSSS Refractory Products Manufacturing.

TTTTT Primary Magnesium Refining.

VII. What Is Not Being Delegated?

As mentioned above. ABCAQCB has

not requested and has not been

delegated the authority for the following

standards:

40 CFR part 60, Subpart AAA

(Standards of Performance for New

Residential Wood Heaters);

40 CPR part 60, Subpart WWW,

(Standards of Performance for

Municipal Solid Waste Landfills);

40 CFR part 60. Subpart Ce. (Emission

Guidelines and Compliance Times for

Municipal Solid Waste Landfills);

40 CFR part 61. Subpart B (National

Emission Standards for Radon

Emissions from Underground Uranium

Mines);

40 CFR part 61, Subpart H (National

Emission Standards for Emissions of

Radionuclides Other Than Radon From

Department of Energy Facilities);

40 CFR part 61, Subpart I (National

Emission Standards for Radionuclide

Emissions from Federal Facilities Other

Than Nuclear Regulatory Commission

Licensees and Not Covered by Subpart

H);

40 CFR part 61. Subpart K-(National

Emission Standards for Radionuclide

Emissions from Elemental Phosphorus

Plants);

40 CFR part 61. Subpart Q (National

Emission Standards for Radon

Emissions from Department of Energy

facilities);

40 CFR part 61. Subpart R (National

Emission Standards for Radon

Emissions from Phosphogypsum

Stacks);

40 CFR part 61. Subpart T (National

Emission Standards for Radon

Emissions from the Disposal of Uranium

Mill Tailings); and

40 CFR part 61, Subpart W (National

Emission Standards for Radon

Emissions from Operating Mill

Tailings).

It should be noted that the ABCAQCB

adopted 40 CFR part 63. Subpart J

(Polyvinyl Chloride and Copolymers

Production) unchanged and requested

delegation of the standard. The standard

was vacated and remanded to EPA by

the United States Court of Appealsfor

the District of Columbia Circuit on June

18.2004. and EPA's petition for

rehearing was denied on April 15. 2005.
73142 Federal Register/Vol. 70, No. 236/Friday, December 9, 200S/Rules and Regulations

Because the Court vacated Subpart],

that standard is not being delegated at

this time to ABCAQCB.

In addition, EPA cannot delegate to a

State any of the Category II Subpart A

authorities set forth in 40 CFR

63.91(g)(2). These include the following

provisions: § 63.6(g), Approval of

Alternative Non-Opacity Standards;

§ 63.6(h)(9), Approval of Alternative

Opacity Standards; § 63.7(e)(2)(ii) and

(1), Approval of Major Alternatives to

Test Methods; § 63.8(1), Approval of

Major Alternatives to Monitoring; and

§ 63.10(1), Approval of Major

Alternatives to Recordkeeping and

Reporting. Also, some MACT standards

have certain provisions that cannot be

delegated to the States (e.g., 40 CFR

63.106(b)). Therefore, any MACT

standard that EPA is delegating to

ABCAQCB that provides that certain

authorities cannot be delegated are retained by EPA and not delegated.

Furthermore, no authorities are delegated that require rulemaking in the

Federal Register to implement, or where

Federal overview is the only way to ensure national consistency in the

application of the standards or requirements of CAA Section 112.

Finally, Section 112(r), the accidental

release program authority, is not being

delegated by this approval.

All ofthe inquines and requests

concerning implementation and

enforcement of the excluded standards

in the State of New Mexico should be

directed to the EPA Region 6 Office.

In addition, this delegation to

ABCAQCB to implement and enforce

certain NSPS and NESHAPs does not

extend to sources or activities located in

Indian country, as defined in 18 U.S.C.

1151. Under this definition, EPA treats

as reservations, trust lands validly set

aside for the use of a Tribe even if the

trust lands have not been formally

designated as a reservation. Consistent

with previous Federal program

approvals or delegations, EPA will

continue to implement the NSPS and

NESHAPs in Indian country because

ABCAQCB has not adequately

demonstrated its authority over sources

and activities located within the exterior

boundaries of Indian reservations and

other areas in Indian country.

Also, this delegation does not extend

to sources or activities located outside

of Bernalillo County because the

Albuquerque-Bernalillo County Air

Quality Control Board only has

jurisdiction to administer and enforce

provisions ofthe New Mexico Air

Quality Control Act in Bernalillo

County (excluding Indian country). The

Albuquerque-Bernalillo County Air

Quality Control Board and the

Albuquerque Environmental Health

Department was previously delegated

the authority to implement and enforce

certain NSPS and NESHAPs by EPA.

See 60 FR 52329 (October 6, 1995).

vm. How Will Applicability

Determinations Under Section 112 Be

Made?

In approving this delegation,

ABCAQCB will obtain concurrence from

EPA on any matter involving the

interpretation ofsection 112 ofthe CAA

or 40 CFR part 63 to the extent that

implementation, administration, or

enforcement ofthese sections have not

been covered by EPA determination or

guidance.

IX. What Authority Does EPA Have?

We retain the right, as provided by

CAA Section 112(1)(7), to enforce any

applicable emission standard or

requirement under Section 112. EPA

also has the authority to make certain

decisions under the General Provisions

(subpart A) ofPart 63. We are granting

ABCAQCB some ofthese authorities,

and retaining others, as explained in

sections VI and VII above. In addition,

EPA may review and disapprove of

State determinations and subsequently

require corrections. (See 40 CFR

63.91(g) and 65 FR 55810, 55823,

September 14, 2000.)

Furthermore, we retain any authority

in an individual emission standard that

may not be delegated according to

provisions ofthe standard. Also, listed

in the footnotes ofthe Part 63 delegation

table at the end of this rule are the

authorities that cannot be delegated to

any State or local agency which we

therefore retain.

X. What Information Must ABCAQCB

Provide to EPA?

In delegating the authority to

implement and enforce these rules and

in granting a waiver of EPA notification

requirements, we require ABCAQCB to

input all source information into the

Aerometric Information Retrieval

System (AIRS) for both point and area

sources. ABCAQCB must enter this

information into the AIRS system and

update the information by September 30

of every year. ABCAQCB must provide

any additional compliance related

information to EPA. Region 6, Office of

Enforcement and Compliance Assurance

within 45 days of a request under 40

CFR 63.96(a).

In receiving delegation for specific

General Provisions authorities,

ABCAQCB must submit to EPA Region

6 on a semi-annual basis, copies of

determinations issued under these

authorities. For Part 63 standards, these

determinations include: Applicability

determinations (§ 63.1); approval/

disapprovals of construction and

reconstruction (§ 63.5(e) and (f));

notifications regarding the use of a

continuous opacity monitoring system

(§ 63.6(h)(7)(ii)); finding of compliance

(§ 63.6(h)(8)); approval/disapprovals of

compliance extensions (§ 63.6(i));

approvals/disapprovals of minor

(§ 63.7(e)(2)(i)) or'intermediate

(§ 63.7(e)(2)(ii) and (f)) alternative test

methods; approval of shorter sampling

times and volumes (§ 63.7(e)(2)(iii));

waiver of performance testing

(§ 63.7(e)(2)(iv) and (h)(2), (3));

approvals/disapprovals of minor or intermediate alternative monitoring

methods (§ 63.8(f)); approval of

adjustments to time periods for

submitting reports (§§ 63.9 and 63.10);

and approvals/disapprovals of minor

alternatives to recordkeeping and

reportin~ (§ 63.10(f)).

AdditIOnally, EPA's Emission

Measurement Center ofthe Emissions

Monitoring and Analysis Division must

receive copies of any approved

intermediate changes to test methods or monitoring. (Please note that

intermediate changes to test methods

must be demonstrated as equivalent

through the procedures set out inEPA

method 301.) This information on approved intermediate changes to test

methods and monitoring will be used to

compile a database of decisions that will

be accessible to State and local agencies

and EPA Regions for reference in

making future decisions. (For

definitions of major. intennediate and

minor alternative test methods or monitoring methods, see 40 CFR63.90).

The ABCAQCB should forward these

intermediate test methods or monitoring

changes via mail or facsimile to: Chief,

Source Categorization Group A, EPA

(~19), Research Triangle Park, NC

27711, Facsimile telephone number:

(919) 541-1039.

XI. What Is EPA's Oversight ofThis

Delegation to ABCAQCB?

EPA must oversee ABCAQCB's

decisions to ensure the delegated

authorities are being adequately

implemented and enforced. We will

integrate oversight of the delegated

authorities into the existing mechanisms

and resources for oversight currently in

place. If, during oversight, we determine

that ABCAQCB made decisions that

decreased the stringency of the

delegated standards, then ABCAQCB

shall be required to take corrective

actions and the source(s) affected by the

decisions will be notified, as required

by 40 CFR 63.91(g)(1)(ii). We will

initiate withdrawal ofthe program or
Federal Register/Vol. 70, No. 236/Friday, December 9, 2005/Rules and Regulations

rule if the corrective actions taken are

insufficient.

XU. Should Sources Submit Notices to

EPA or ABCAQCB?

All of the information required

pursuant to the Federal NSPS and

NESHAP (40 CPR parts 60, 61, and 63)

should be submitted by sources located

inside the boundaries ofBernalillo

County (excluding Indian country),

directly to the City of Albuquerque.

Environmental Health Department, Air

Quality Division. P.O. Box 1293,

Albuquerque, New Mexico 87103. The

ABCAQCB c/o the City ofAlbuquerque,

Environmental Health Department, Air

Quality Division is the primary point of

contact with respect to delegated NSPS

and NESHAPs in Bernalillo County

(excluding Indian country). Sources do

not need to send a copy to EPA. EPA

Region 6 waives the requirement that

notifications and reports for delegated

standards be submitted to EPA in

addition to ABCAQCB in accordance

with 40 CPR 63.9(a)(4)(ii) and

63.10(a)(4)(ii).

Xli. How Will Unchanged Authorities

Be Delegated to ABCAQCB in the

Future?

In the future, ABCAQCB will only

need to send a letter ofrequest to EPA,

Region 6, for those NSPS and NESHAP

regulations that ABCAQCB has adopted

by reference. The letter must reference

the previous up-front approval

demonstration and reaffirm that it still

meets the up-front approval criteria. We

will respond in writing to the request

stating that the request for delegation is

either granted or denied. A Federal

Register notice will be published to

inform the public and affected sources

of the delegation, indicating where

source notifications and reports should

be sent, and to amend the relevant

portions of the Code of Federal

Regulations showing which NSPS and

NESHAP standards have been delegated

toABCAQCB.

XIV. What Is the Relationship Between

RCRA and the Hazardous Waste

Combustor MACf?

As part oftoday's rule, we are

delegating, under the CAA,

implementation and enforcement

authority for the Hazardous Waste

Combustor (HWC) MACT (Subpart EEE)

to ABCAQCB. Many ofthe sources

subject to the HWC MACT are also

subject to the RCRA permitting

requirements. We expect air emissions

and related operating requirements

found in the HWC MACT will be

included in part 70 permits issued by

ABCAQCB. However, RCRA permits

will still be required for all other aspects

ofthe combustion unit and the facility

that are governed by RCRA (e.g.,

corrective action, general facility

standards, other combustor-specific

concerns such as materials handling,

risk-based emissions limits and

operating requirements, as appropriate

and other hazardous waste management

unitsp See the HWC MACT rule

preamble discussion (64' FR 52828,

52839-52843 (September 30,1999)),

and the RCRA Site-Specific Risk

Assessment Policy for HWC Facilities

dated June 2000 for more information

on the interrelationship of the MACT

rule with the RCRA Omnibus provision

and site specific risk assessments.

XV. Final Action

The public was provided the

opportunity to comment on the

proposed approval ofthe program and

mechanism for delegation of Section

112 standards, as applied to Part 70

sources, on January 10, 1995. The

proposal was part of EPA's proposed

approval ofthe Albuquerque-Bernalillo

County Air Quality Control Board's

Operating Permits Program. 60 FR 2527.

The EPA did not receive adverse public

comments on the proposed delegation of

Section 112 standards. 60 PR 13046

(March 10,1995). In this action, the

public is given the opportunity to

comment on the approval of ABCAQCB

request for delegation of authority to

implement and enforce certain Section

112 standards for all sources (both Part

70 and non-Part 70 sources) which have

been adopted by reference into New

Mexico's state regulations. However, the

Agency views the approval of these

requests as a noncontroversial action

1 EPA promulgated the HWCMACf (40 CFR Part

63. Subpart EEE) under the joint authority of the

CAA and RCRA. Before this rule went into effact,

the air emissions from these sources were primarily

regulated under the authority of RCRA. See 40 CFR

Parts 264, 265, 266, and 270. With the release of

HWC MACf. the air emissions are now regulated

under both CAA and RCRA. Even though both

statutes give EPA the authority to regulate air

emissions, we detennined that having the emissions

standards and permitting requirements in both sets

of implementing regulations would be duplicative.

For this reason, using the authority provided by

Section 1006(b) of RCRA, EPA deferred the ReRA

requirements for the HWC emission controls to the

CAA requir~ments of40 CFR Part 63. Subpart EEE.

After a facility has demonstrated compliance with

the HWC MACf. the RCRA standards for air

emissions from these units will no longer apply,

with the exception of Section 3005(c](3) ofRCRA.

which requires that each RCRA pennit contain the

tenns and conditions necessary to protect human

health and the environment. Under this provision

of RCRA, if a regulatory authority detennines that

more string~nt conditions than the HWC MACf are

necessary to protect human health and the

environment for a particular facility, then that

regulatory authority may impose those conditions

in the facility·s RCRA penni!.

73143

and anticipates no adverse comments.

Therefore, EPA is publishing this rule

without prior proposal. However, in the

"Proposed Rules" section of today's

Federal Register publication. EPA is

publishing a separate document that

will serve as the proposal to approve the

program and delegation of authority

described in this action if adverse

comments are received. This action will

be effective February 7. 2006 without

further notice unless the Agency

receives relevant adverse comments by

January 9. 2006.

IfEPA receives adverse comments. we

will publish a timely withdrawal in the

Federal Register informing the public

the rule will not take effect. We will

address all public comments in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period on this action. Any parties interested in

commenting must do so at this time.

Please note that if we receive adverse

comment on an amendment, paragraph, or section ofthis rule and ifthat

provision may be severed from the

remainder ofthe rule, we may adopt as

final those provisions of the rule that are not the subject of an adverse comment.

XVI. Statutory and Executive Order

Reviews

Under Executive Order 12866 (58 FR

51735, October 4. 1993). this action is

not a "significant regulatory action" and

therefore is not subject to review by the

Office of Management and Budget. For

this reason. this action is also not

subject to Executive Order 13211,

"Actions Concerning Regulations That

Significantly Affect Energy Supply,

Distribution. or Use" (66 FR 28355, May

22.2001). This action merely approves

state law as meeting Federal

requirements and imposes no additional

requirements beyond those imposed by

state law. Accordingly, the

Administrator certifies that this rule

will not have a significant economic

impact on a substantial number ofsmall

entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). Because this

rule approves pre-existing requirements

under state law and does not impose

any additional enforceable duty beyond

that required by state law, it does not

contain any unfunded mandate or

significantly or uniquely affect small

governments, as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104-4).

This rule also does not have tribal

implications because it will not have a

substantial direct effect on one or more

Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

,
73144 Federal Register/Vol. 70, No. 236/Friday, December 9, 200S/Rules and Regulations

§ 60.4 Addre••.

(b) * * *

(GG) * * * (i) Albuquerque-Bernalillo County Air

Quality Control Board, do

Environmental Health Department, P.O.

Box 1293, Albuquerque, New Mexico

87103.

(ii) [Reserved.]

* * * *

(c) * * * (6) The following lists the specific

Part 61 standards that have been

delegated unchanged to the air pollution

control agencies in Region 6.

(i) [Reserved.]

(ii) Louisiana. The Louisiana

Department of Environmental Quality

(LDEQ) has been delegated the

following Part 61 standards

promulgated by EPA, as amended in the

Federal Register through July 1,2002.

The (X) symbol is used to indicate each

subpart that has been delegated.

(e) * * * (3) Albuquerque-Bernalillo County Air

Quality Control Board. The

Albuquerque-Bernalillo County Air

Quality Control Board has been

delegated all Part 60 standards

promulgated by EPA, except Subpart

AAA-Standards of Performance for

New Residential Wood Heaters; Subpart

WWW-Standards of Performance for

Municipal Solid Waste Landfills;

Subpart Cc-Emissions Guidelines and

Compliance Times for Municipal Solid

Waste Landfills, as amended in the

Federal Register through July 1. 2004.

PART 61-{AMENDED]

• 1. The authority citation for part 61

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart A-General Provisions

.2. Section 61.04 is amended:

• A. by adding paragraph (b)(GG)(i) and

adding and reserving paragraph . (b)(GG)(ii); and

• B. by revising paragraph (c)(6) to read as follows:

§ 61.04 Addreea.

(b) * * * (GG) * * * (i) Albuquerque-Bernalillo County Air

Quality Control Board, c/o

Environmental Health Department, P.O.

Box 1293, Albuquerque, New Mexico

87103.

(ii) [Reserved.]

** ** * PART 6D-[AMENDED]

Under Section 307(b)(1) ofthe Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by February 7, 2006.

Filing a petition for reconsideration by

the Administrator ofthis final rule does

not affect the finality ofthis rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List ofSubjects

40 CFR PaIt 60

Environmental protection, Air

pollution control, Administrative

practice and procedure,

Intergovernmental relations, Reporting

and recordkeeping requirements.

40 CFR PaIt 61

Environmental protection, Air

pollution control, Administrative

practice and procedure, Hazardous

substances, Intergovernmental relations,

Reporting and recordkeeping

requirements.

40 CFR PaIt 63

Environmental protection, Air

pollution control, Administrative

practice and procedure, Hazardous

substances, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Authority: This action is issued under the

authority of Sections 111 and 112 ofthe

Clean Air Act, as amended, 42 U.S.C. 7411

and 7412.

Dated: November 29. 2005.

Carl E. Edlund,

Acting RegionalAdministrator. Region 6.

.40 CFR parts 60, 61, and 63 are

amended as follows:

• 1. The authority citation for part 60

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart A-General Provisions

• 2. Section 60.4 is amended:

• A. by adding paragraph (b)(GG)(i) and

adding and reserving paragraph

(b)(GG)(ii); and

• B. by adding paragraph (e)(3) to read as follows:

power and responsibilities between the

Federal Government and Indian tribes,

as specified by Executive Order 13175

(65 FR 67249, November 9, 2000). This

action also does not have Federalism

implications because it does not have

substantial direct effects on the States, on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels ofgovernment, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999). This action merely

approves a state request to receive

delegation ofcertain Federal standards,

and does not alter the relationship or

the distribution of power and

responsibilities established in the Clean

Air Act. This rule also is not subject to

Executive Order 13045 "Protection of

Children from Environmental Health

Risks and Safety Risks" (62 FR 19885,

April 23, 1997), because it is not

economically significant.

In reviewing delegation submissions,

EPA's role is to approve submissions

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus standards (VCS), EPA has no authority

to disapprove a delegation submission

for failure to use VCS. It would thus be

inconsistent with applicable law for

EPA to use VCS in place ofa delegation

submission that otherwise satisfies the

provisions ofthe Clean Air Act. Thus,

the requirements ofsection 12(d) ofthe

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. This rule does

not impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect. the

agency promulgating the rule must

submit a rule report, which includes a copy ofthe rule. to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a report containing this rule and other

required information to the U.S. Senate,

the U.S. House ofRepresentatives, and

the Comptroller General ofthe United

States prior to publication ofthe rule In

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a "major rule" as defined by 5 U.S.C. 804(2).
Federal Register/Vol. 70, No. 236/Friday, December 9, 2005/Rules and Regulations

DELEGATION STATUS FOR PART 61 STANDARDS STATE OF LOUISIANA 1

Subpart

A General Provisions .

C Beryllium .

o Beryllium Rocket Motor Firing .

E Mercury .

J Equipment Leaks of Benzene .

L Benzene Emissions from Coke By-Product Recovery Plants .

M Asbestos : .

N Inorganic Arsenic Emissions from Glass Manufacturing Plants : .

o Inorganic Arsenic Emissions from Primary Copper Smelters ..

P Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic Production Facilities ..

V Equipment Leaks .

Y Benzene Emissions from Benzene Storage Vessels .

BB Benzene Emissions from Benzene Transfer Operations ; .

FF Benzene Emissions from Benzene Waste Operations ..

73145

LDEQ2

x

X

X

X

X

X

X

X

X

X

X

X

X

X

symbol is used to indicate each subpart

that has been delegated.

1Program delegated to Louisiana Department of Environmental Quality (LDEQ).

2Authorities which may not be delegated include: §61.04(b), Addresses of State and Local Implementing Agencies; §61.12(d)(1), Compliance

with Standards and Maintenance Requirements, Alternate Means of Emission Limitation; §61.13(h), Major Change to an Emissions Test;

§61.14(g). Major Modifications to Monitoring Requirements; §61.16, Availability of Information Procedures; §61.53(c){4), List of Approved Design, Maintenance, and Housekeeping Practices for Mercury Chlor-Alkali Plants; and all authorities identified within specific subparts (e.g., under

"Delegation of Authority") that cannot be delegated.

(iii) New Mexico. The New Mexico standards promulgated by EPA, as

Environment Department (NMED) has amended in the Federal Register

been delegated the following part 61 through September 1,2001. The (X)

DELEGATION STATUS FOR NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (PART 61 STANDARDS)

FOR NEW MEXICO

[Excluding Bemalillo County and Indian CountryJ1

Subpart Source category New Mexico

A General Provisions .

B................................. Radon Emissions From Underground Uranium Mines .

C Beryllium .

o Beryllium Rocket Motor Firing .

E Mercury .

F................................. Vinyl Chloride .

G (Reserved) ..

H Emissions of Radionuclides Other Than Radon From Department of Energy Facilities ..

I Radionuclide Emissions From Federal Facilities Other Than Nuclear Regulatory Commission Licensees

and Not Covered by Subpart H.

J Equipment Leaks (Fugitive Emission Sources) of Benzene ..

K Radionuclide Emissions From Elemental Phosphorus Plants ..

L Benzene Emissions From Coke By-Product Recovery Plants ..

M Asbestos ..

N Inorganic Arsenic Emissions From Glass Manufacturing Plants ..

o Inorganic Arsenic Emissions From Primary Copper Smelters ..

P Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities ..

Q Radon Emissions From Department of Energy Facilities ..

R Radon Emissions From Phosphogypsum Stacks .

S (Reserved) .

T Radon Emissions From the Disposal of Uranium Mill Tailings ..

U (Reserved) .

V................................. Equipment Leaks (Fugitive Emission Sources) .

W Radon Emissions From Operating Mill Tailings .

X (Reserved) ..

Y Benzene Emissions From Benzene Storage Vessels ..

Z-AA (Reserved) .

BB Benzene Emissions From Benzene Transfer Operations ..

Ce-EE (Reserved) .

FF Benzene Waste Operations .

1Program delegated to New Mexico Environment Department (NMED).

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

(iv)-(v) [Reserved.]

(vi) Albuquerque-BernalilIo County,

New Mexico. The AlbuquerqueBernalillo County Air Quality Control

Board (ABCAQCB) has been delegated

the following Part 61 standards

promulgated by EPA, as amended in the

Federal Register through July 1. 2004.

The (X) symbol is used to indicate each

subpart that has been delegated.
73146 Federal Register/Vol. 70, No. 236/Friday, December 9, 200S/Rules and Regulations

DELEGATION STATUS FOR NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (PART 61 STANDARDS)

FOR ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD

[Excluding Indian Country] 1

Subpart

A .

B ..

C .

D .

E .

F . G . H .

I ..

J .

K .

L .

M .

N .

0 .

P .

Q .

R . S .

T .. U .

V ..

W ..

X .

y .

Z-AA ..

BB ..

Ce-EE ..

FF .

Source category

General Provisions ..

Radon Emissions From Underground Uranium Mines .

Beryllium ;: .

Beryllium Rocket Motor Firing ..

Mercury .

Vinyl Chloride .

(Reserved) .

Emissions of Radionuclides Other Than Radon From Department of Energy Facilities .

Radionuclide Emissions From Federal Facilities Other Than Nuclear Regulatory Commission Licensees

and Not Covered by Subpart H.

Equipment Leaks (Fugitive Emission Sources) of Benxene ..

Radionuclide Emissions From Elemental Phosphorus Plants .

Benzene Emissions From Coke By-Product Recovery Plants .

Asbestos .

Inorganic Arsenic Emissions From Glass Manufacturing Plants ..

Inorganic Arsenic Emissions From Primary Copper Smelters .

Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities ..

Radon Emissions From Department of Energy Facilities ..

Radon Emissions From Phosphogypsum Stacks .

(Reserved) ..

Radon Emissions From the Disposal of Uranium Mill Tailings .

(Reserved) ..

Equipment Leaks (Fugitive Emission Sources) .

Radon Emissions From Operating Mill Tailings ..

(Reserved) ..

Benzene Emissions From Benzene Storage Vessels ..

(Reserved) ..

Benzene Emissions From Benzene Transfer Operations , ..

(Reserved) .

Benzene Waste Operations .

ABCAQCB

x

x

X

X

X

X

X

X

X

X

X

X

X

X

X

1Program delegated to Albuquerque-Bemalillo County Air Quality Control Board (ABCAQCB).

PART 63-[AMENDED]

• 1. The authority citation for part 63

continues to read as follows:

Authority: 42 U.S.c. 7401, et seq.

Subpart E-Approval of State

Programs and Delegation of Federal

Authorities

• 2. Section 63.99 is amended by

revising paragraph (a)(31) to read as

follows:

§ 63.99 Delegated Federal authorities.

(a)" ....

(31) New Mexico.

(i) The following table lists the

delegation status ofspecific part 63

subparts that have been delegated

unchanged to state and local air

pollution agencies in New Mexico. The

"X" symbol is used to indicate each

subpart that has been delegated.

DELEGATION STATUS FOR PART 63 STANDARDS-STATE OF NEW MEXICO

[Excluding Indian Country]

SUbpart Source category

A General Provisions 3 .

D Early Reductions .

F Hazardous Organic NESHAP (HON}-Synthetic Organic Chemical Manufacturing Industry (SOCMI).

G HON-SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater ..

H HON-Equipment Leaks .

I HON-Certain Processes Negotiated Equipment Leak Regulation .

J Polyvinyl Chloride and Copolymers Production ..

K (Reserved).

L Coke Oven Batteries .

M Perchloroethylene Dry Cleaning .

N Chromium Electroplating and Chromium Anodizing Tanks .

o Ethylene Oxide Sterilizers ..

P (Reserved) .

Q Industrial Process Cooling Towers ..

R Gasoline Distribution ..

S Pulp and Paper Industry .

T Halogenated Solvent Cleaning .

NMED12 ABCAQCB13

X X

X X

X X

X X

X X

X X

4X (4)

X X

X X

X X

X X

.................... • ....... u .............

X X

X X

X X

X X
Federal Register/Vol. 70, No. 236/Friday, December 9, 2005/Rules and Regulations

DELEGATION STATUS FOR PART 63 STANDARDS-STATE OF NEW MEXicO-Continued

[Excluding Indian Country)

73147

Subpart Source category NMED12 ABCAOCB1S

U .

V .

W ..

X .

Y ..

Z .

AA ..

BB .

CC .

DD ..

EE ..

FF ..

GG ..

HH .

II .

JJ .

KK .

LL ..

MM .

NN .

00 .. PP ..

00 . RR .

SS .

TI ..

UU .

VV ..

WW .

XX ..

YY .

ZZ-BBB ..

CCC .

DDD .

EEE ..

FFF ..

GGG .

HHH .

III .

JJJ .

KKK .

LLL .

MMM .

NNN .

000 . PPP ..

000 . RRR .

SSS .

Tn .

UUU .

VVV .

WWW . XXX .

AAAA ..

CCCC .

EEEE ..

GGGG .

HHHH .

JJJJ .

KKKK .

NNNN .

0000 . PPPP ..

0000 .. RRRR .

SSSS ..

TIn ..

Group I Polymers and Resins .

(Reserved) .

Epoxy Resins Production and Non-Nylon Polyamides Production .

Secondary Lead Smelting .

Marine Tank Vessel Loading .

(Reserved) .

Phosphoric Acid Manufacturing Plants .

Phosphate Fertilizers Production Plants .

Petroleum Refineries ..

Off-Site Waste and Recovery Operations ..

Magnetic Tape ManufactUring ..

(Reserved) .

Aerospace Manufacturing and Rework Facilities ..

Oil and Natural Gas Production Facilities ..

Shipbuilding and Ship Repair Facilities ..

Wood Fumiture Manufacturing Operations .

Printing and Publishing Industry .

Primary Aluminum Reduction Plants .

Chemical Recovery Combustion Sources at Kraft. Soda. Sulfide, and Stand-Alone

Semichemical Pulp Mills.

(Reserved) ; .

Tanks-Lsvel 1 ..

Containers ..

Surface Impoundments .

Individual Drain Systems .

Closed Vent Systems. Control Devices, Recovery Devices and Routing to a Fuel Gas

System or a Process.

Equipment Leaks--Control Level 1 .

Equipment Leaks-Control Level 2 Standards ..

Oil-Water Separators and Organic-Water Separators ..

Storage Vessels (Tanks)-Control Level 2 ..

(Reserved) .

Generic Maximum Achievable Control Technology Standards .

(Reserved) .

Steel Pickling-HCI Process Facilities and Hydrochloric Acid Regeneration ..

Mineral Wool Production .

Hazardous Waste Combustors .

(Reserved) ..

Phannaceuticals Production ..

Natural Gas Transmission and Storage Facilities ..

Flexible Polyurethane Foam Production .

Group IV Polymers and Resins ..

(Reserved) .

Portland Cement Manufacturing .

Pesticide Active Ingredient Production ..

Wool Fiberglass Manufacturing .

Amino/Phenolic Resins .

Polyether Polyols Production .

Primary Copper Smelting .

Secondary Aluminum Production ..

(Reserved) ..

Primary Lead Smelting .

Petroleum Refineries-Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants.

Publicly Owned Treatment Works (POTW) ..

(Reserved) .

Ferroalloys Production: Ferromanganese and Silicomanganese .

Municipal Solid Waste Landfills .

Nutritional Yeast Manufacturing .

Organic Liquids Distribution .

Solvent Extraction for Vegetable Oil Production ..

Wet Fonned Fiberglass Mat Production ..

Paper and other Web (Surface Coating) ..

Metal Can (Surface Coating) .

Surface Coating of Large Appliances ..

Fabric Printing Coating and Dyeing ..

Plastic Parts (Surface Coating) ..

Surface Coating of Wood Building Products ..

Surface Coating of Metal Fumiture ..

Surface Coating for Metal Coil .

Leather Finishing Operations .

x

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X
73148 Federal Register/Vol. 70, No. 236/ Friday, December 9, 2005/Rules and Regulations

DELEGATION STATUS FOR PART 63 STANDARDS-STATE OF NEW MEXICO--Continued

[Excluding Indian Country)

Subpart Source category NMED'2 ABCAQCB' 3

UUUU Cellulose Production Manufacture X X

VVW Boat Manufacturing X X

WWWW......................Reinforced Plastic CompositesProduction X

XXXX Tire Manufacturing X X

YYYY ,............ Combustion Turbines ,........................................................................................ X

AAAAA Lime Manufacturing Plants X

BBBBB Semiconductor Manufacturing X

CCCCC Coke Ovens: Pushing, Quenching and Battery Stacks X X

DDDDD IndustriaVCommericaVlnstitutional Boilers and Process Heaters......................................... .. ..

EEEEE Iron Foundries X

FFFFF Integrated Iron and Steel X

GGGGG Site Remediation . X

HHHHH Miscellaneous Coating Manufacturing X

1111I Mercury Cell Chlor-Alkali Plants X

JJJJJ Brick and Structural Clay Products Manufacturing ,.............................. X

KKKKK Clay Ceramics Manufacturing X

LLLLL Asphalt Roofing and Processing X

MMMMM Flexible Polyurethane Foam Fabrication Operation X

"" ' NNNNN Hydrochloric Acid Production, Fumed Silica Production X

PPPPP Engine Test Facilities X

QQQQQ Friction Products Manufacturing X

RRRRR Taconite Iron Ore Processing X

SSSSS Refractory Products Manufacture X

TTTTT Prirnary Magnesium Refining X

, Authorities that cannot be delegated include § 63.6(g), Approval of Altemative Non-Opacity Standards; § 63.6(h)(9), Approval of Altemative

Opacity Standards; §63.7(e)(2)(ii) and (f). Approval of Major Altematives to Test Methods; §63.8(f). Approval of Major Alternatives to Monitoring;

and § 63.1 O(f). Approval of Major Altematives to Recordkeeping and Reporting. In addition. all authorities identified in the certain subparts that

EPA has deSignated that cannot be delegated. .

2Program delegated to New Mexico Environment Department (NMED) for standards promulgated by EPA, as amended in the Federal Register through September 1, 2002.

3 Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards promulgated by EPA, as amended

in the Federal Register through July 1. 2004.

4 This standard was originany delegated to NMED on February 9. 2004. The ABCAQCB has adopted the subpart unchanged and applied for

delegation of the standard. The standard was vacated and remanded to EPA by' the United States Court of Appeals for the District of Columbia

Circuit on June 18, 2004, and EPA's petition for rehearing was denied on Apnl 15. 2005. The standard is not being delegated at this time to

ABCAQCB.

[FR Doc. 05-23810 Filed 12-8--05; 8:45 am]

BILLING CODE 656O-5O-P

DEPARTMENT OF DEFENSE

48 CFR Parts 205, 226, and 252

[DFARS Csse 2003-D029]

Defense Federal Acquisition

RegUlation Supplement;

Socioeconomic Programs

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to update text pertaining to

socioeconomic considerations in DoD

contracting. This rule is a result of a

transformation initiative undertaken by

DoD to dramatically change the purpose

and content ofthe DFARS.

EFFECTIVE DATE: December 9. 2005.

FOR FURTHER INFORMATION CONTACT: Ms.

Deborah Tronic. Defense Acquisition

• • • • • Regulations System•

OUSD(AT&L)DPAP(DAR). IMD 3C132,

3062 Defense Pentagon, Washington, DC

20301-3062. Telephone (703) 602-0289;

facsimile (703) 602-0350. Please cite

DFARS Case 2003-D029.

SUPPLEMENTARY INFORMATION:

A. Background

DFARS Transformation is a major

DoD initiative to dramatically change

the purpose and content ofthe DFARS.

The objective is to improve the

efficiency and effectiveness of the

acquisition process, while allowing the

acquisition workforce the flexibility to

innovate. The transformed DFARS will

contain only requirements oflaw. DoDwide policies, delegations of FAR

authorities. deviations from FAR

requirements. and policies/procedures

that have a significant effect beyond the

internal operating procedures of DoD or

a significant cost or administrative

impact on contractors or offerors.

Additional information on the DFARS

Transformation initiative is available at

http://www.acq.osd.miJ/dpap/dars/

dfars/transfonnation/index.htm.

This final rule is a result of the

DFARS Transformation initiative. The

DFARS changes include- • Deletion oftext at 226.103

containing internal DoD procedures for

funding of incentive payments to

contractors under the clause at 252.226-

7001, Utilization of Indian

Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small

Business Concerns. This text has been

relocated to the new DFARS companion

resource, Procedures, Guidance, and

Information (PGI), available at http://

www.acq.osd.miJ/dpap/dars/pgi.

• Relocation of text on contracting

with historically black colleges and

universities and minority institutions

(HBCU/MI) from Subpart 226.70 to

Subpart 226.3. for consistency with the

location of FAR policy on this subject.

The relocated text is substantially

unchanged, but excludes information on

HBCU/MI percentage goals and

infrastructure assistance (226.7000 and

226.7002) that is considered

unnecessary for inclusion in the

DFARS.

• Deletion of Subpart 226.72. Base

Closures and Realignments, as the text
Federal Register/Vol. 70, No. 236/Friday, December 9, 200S/Proposed Rules 73183

days, unless law enforcement personnel

are notified by the SARC that the victim

has elected unrestricted reporting.

Clothing or other personal effects may

be released to the SARC for return to the

victim. The information report will be

updated when the evidence is

destroyed, or released to investigative

authorities.

(d) In the event that information about

a sexual assault that was made under

restricted reporting is disclosed to the

commander from a source independent

ofthe restricted reporting avenues, or to

law enforcement from other sources, the

commander may report the matter to

law enforcement and law enforcement

remains authorized to initiate its own

independent investigation ofthe matter

presented. Additionally, a victim's

disclosure of his/her sexual assault to

persons outside the protective sphere of

the persons covered by the restricted

reporting policy may result in an

investigation of the allegations.

[FRDoc. 05-23853 Filed 12-B-{)5; 8:45 amI

BIWNG CODE mCl-G8-f'

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 61 and 63

[RO&-OAR-2005-NM-0005; FRL-8006-3]

Approval of the Clean Air Act Section

112(1) Program for Hazardous Air

Pollutants and Delegation of Authority

to the Albuquerque-Bernalillo County

Air Quality Control Board

AGENCY: Environmental Protection

Agency (EPA).

AcnON: Proposed rule.

SUMMARY: The Albuquerque-Bernalillo

County Air Quality Control Board

(ABCAQCB) has submitted updated

regulations for receiving delegation of

EPA authority for implementation and

enforcement of National Emission

Standards for Hazardous Air Pollutants

(NESHAPs) for all sources (both part 70

and non-part 70 sources). These

regulations apply to certain NESHAPs

promulgated by EPA, as amended

through July 1, 2004. The delegation of

authority under this action does not

apply to sources in Indian Country. EPA

is providing notice proposing to

approve the delegation of certain

NESHAPs to ABCAQCB.

DATES: Written comments must be

received by January 9, 2006.

ADDRESSES: Comments may be mailed to

Mr. Jeff Robinson, Air Permits Section

(6PD-R), Environmental Protection

Agency, 1445 Ross Avenue, Suite 1200,

Dallas, Texas 75202-2733. Comments

may also be submitted electronically or

through hand delivery/courier by

following the detailed instructions in

the Addresses section of the direct final

rule located in the final rules section of

the Federal Register.

FOR FURTHER INFORMATI.ON CONTACT: Mr.

Jeff Robinson, Air Permits Section,

Multimedia Planning and Permitting

Division (6PD-R), U.S. Environmental

Protection Agency, Region 6, 1445 Ross

Avenue, Suite 700, Dallas, Texas 75202-

2733, at (214) 665-6435, or at

robinson.jeffrey@epa.gov.

SUPPLEMENTARY INFORMATION: In the

final rules section of this Federal

Register, EPA is approving ABCAQCB's

request for delegation of authority to

implement and enforce certain

NESHAPs for all sources (both part 70

and non-part 70 sources). ABCAQCB

has adopted certain NESHAPs into state

regulations. In addition, EPA is waiving

its notification requirements so sources

will only need to send notifications and

reports to ABCAQCB.

The EPA is taking direct final action

without prior proposal because EPA

views this as a noncontroversial action

and anticipates no adverse comments. A

detailed rationale for this approval is set

forth in the preamble to the direct final

rule. If no adverse comments are

received in response to this action rule,

no further activity is contemplated. If

EPA receives adverse comments, the

direct final rule will be withdrawn, and

all public comments received will be

addressed in a subsequent final rule

based on this proposed rule. EPA will

not institute a second comment period

on this action. Any parties interested in

commenting must do so at this time.

Please note that if EPA receives adverse

comment on an amendment, paragraph,

or section of this rule and if that

provision may be severed from the

remainder ofthe rule, EPA may adopt

as final those provisions of the rule that

are not the subject of an adverse

comment. For additional information,

see the direct final rule which is

published in the Rules section of this

Federal Register.

Authority: 42 U.S.C. 7412.

Dated: November 29, 2005.

Carl E. Edlund,

ActingRegionalAdministrator, Region 6.

[FR Doc. 05-23809 Filed 12-B-{)5; 8:45 amI

B1LUNG CODE

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[RO~AR-2005-S0-0002jFRL-8005-1]

Designation of Areas for Air Quality

Planning Purposes; State of South

Dakota; Approval of Redesignation

Request

AGENCY: Environmental Protection

Agency (EPA).

AcnON: Proposed rule.

SUMMARY: EPA is proposing to approve

a September 30, 2005 request from the

designee ofthe Governor of South

Dakota to redesignate the "Rapid City

Area" under section 107 of the Clean

Air Act (CAA) from unclassifiable to

attainment for PM-I0. EPA is proposing

to approve the redesignation request

because the State has adequately

demonstrated that the "Rapid City

Area" is in attainment ofthe PM-I0

National Ambient Air Quality Standards

(NAAQS) and has committed to the

continuation of fugitive dust controls

that should help ensure that the area

continues to attain the PM-I0 NAAQS.

The requirements that will apply in the

"Rapid City Area" will not change as a

result of this action because, for the

purposes ofthe requirements of the

CAA, unclassifiable.and attainment

areas are treated the same. This action

is being taken under section 107 of the

Clean Air Act.

DATES: Comments must be received on

or before January 9, 2006.

ADDRESSES: Submit your comments,

identified by Docket ill No. R08-QAR2005-SD-0002, by one ofthe following

methods:

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line

instructions for submitting comments.

• Agency Web site: http://

docket.epa.gov/rmepub/index.jsp.

Regional Materials in EDOCKET (RME),

EPA's electronic public docket and

comment system for regional actions, is

EPA's preferred method for receiving

comments. Follow the on-line

instructions for submitting comments. • E-mail: long.richard@epa.gov and

dygowsld.laurel@epa.gov.

• Fax: (303) 312-6064 (please alert

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing

comments).

• Mail: Richard R. Long, Director, Air

and Radiation Program, Environmental

Protection Agency (EPA), Region 8,

Mailcode 8P-AR, 999 18th Street. Suite

200, Denver, Colorado 80202-2466. • Hand Delivery: Richard R. Long,

Director, Air and Radiation Program,
Name CFR Federal Register Promulgated Effective

National Perchloroethylene Air Emission Standards 40CFR63

1 for Dry Cleaning Facilities; Final Rule Subpart M Vol. 71, No. 144, pp. 42723-42746 7/27/2006 7/27/2006

NESHAP: Miscellaneous Coating Manufacturing, 40CFR63

2 Final Rule Subpart HHHHH Vol. 71, No. 192, DD. 58499-58504 10/4/2006 10/4/2006

NESHAP: Reinforced Plastics Composites 40CFR63

Production Promulgated August 25, 2005, Final Subpart

3 Rule; amendments WWWW Vo. 70, No. 164, DD. 50117-50136 8/25/2005 10/24/2005

40CFR60

Standards of Performance for Stationary Subpart A &

4 Combustion Turbines; Final Rule KKKK Vol. 71, No. 129, DD. 38481-38506 7/6/2006 7/6/2006

40CFR Part 60

Subpart A, &

Standards of Performance for Stationary Parts 85, 89, 94,

Compression Ignition Internal Combustion 1039, 1065 and

5 Engines; Final Rule 1068 Vol. 71, No. 132, DO. 39153-39185 7/11/2006 9/11/2006

NESHAP: Integrated Iron & Steel Manufacturing 40CFR63

6 Facilities; Final Rule Subpart FFFFF Vol. 71, No. 134, Dp. 39579-39592 7/13/2006 7/13/2006

NESHAP: Miscellaneous Organic Chemical 40CFR63

7 Manufacturing; Final Rule; amendments Subpart FFFF Vol. 71, No. 135, 00.4315-40342 7/14/2006 7/14/2006

NESHAP: Organic Liquids Distribution (Nongasoline); Final Rule; amendments; notice of final 40CFR63

8 action on reconsideration Subpart EEEE Vol. 71, No 145, pp. 42897-42925 7/28/2006 7/28/2006

40CFR63

National Emission Standards for the Printing & Subpart KK,

9 Publishing Industry; Direct Final Rule JJJJ &0000 Vol. 71, NO.1 00, DO. 29792-2905 5/24/2006 8/22/2006
Subpart A, F, G,

L, N, U, W, Y,

AA, BB, DO,

GG, HH, LL,

MM, SS, YV,

CC, EEE, GGG,

HHH, JJJ,

MMM, NNN,

000, PP, 000,

RRR, TTT, XXX,

UUU,AAAA,

CCCC, DODD,

EEEE, FFFF,

GGGG, HHHH,

1111, KKKK,

MMMM, NNNN,

0000, PPP,

0000, RRRR,

UUUU,

WWWW,

XXXX, YYYY,

ZZZZ, AAAAA,

BBBBB,

. CCCCC,

00000,

EEEEE, FFFFF,

GGGGG, JJJJJ,

KKKKK, LLLLL,

MMMMM,

NNNNN,

00000,

10 NESHAP: General Provisions; Final Rule (SSM) PPPPP, Vol. 71, No. 76, pp. 20445-20472 4/20/2006 4/20/2006

NESHAP: Industrial Process Cooling Towers; 40CFR63

11 Final Rule Subpart a Vol. 71, No. 67, pp. 17729-17738 4/7/2006 4/7/2006

40CFR63

12 NESHAP: Hydrochloric Acid Production Subpart NNNNN Vol. 71, No. 67, pp. 17738-17750 4/7/2006 4/7/2006
NESHAP: Plywood & Composite Wood Products;

List of HAPs, Lesser QuantityDesignations, 40CFR63

Source Category List; Final Rule, amendments; Subpart A,

13 notice of final action on reconsideration DDDD Vol. 71, No. 32, pp. 8341-8387 2116/2006 2116/2006

NESHAP: Refractory Products Manufacturing; 40CFR63

14 Direct Final Rule; amendments Subpart SSSSS Vol. 71, No. 29, pp. 7415-7441 2113/2006 4/14/2006

NESHAP: Industrial, Commercial, and Institutional

Boilers & Process Heaters: Reconsideration. Final

Rule, amendments; notice of final action on 40CFR63

15 reconsideration. Subpart DDDDD Vol. 70, No. 248, p. 76917-76935 12128/2005 2127/2006

NESHAP: Primary Aluminum Reduction Plants; 40CFR63

16 Final rule; amendments SUbpart LL Vol. 70, No. 211, pp. 66280-66285 11/212005 11/212005

40CFR63

17 NESHAP: Secondary Aluminum Production Subpart RRR Vol. 70, No. 190, pp. 57513-57517 10/3/2005 12/212005

NESHAP: Coke Ovens: Pushing, Quenching, & 40CFR63

18 Battery Stacks; Final rule; amendments SUbpart CCCCC Vol. 70, No. 147, pp. 44285-44289 8/212005 8/212005

NESHAP: Primary Copper Smelting; Final Rule; 40CFR63

19 amendments SUbpartQQQ Vol. 70, No. 134, pp. 40672-40674 7/14/2005 7/14/2005

NESHAP: Requirements for Control Technology

Determinations for Major Sources in Accordance

with Clean Air Act Sections, Sections 112(g) & 40CFR63

20 112(j); Final Rule; amendment Subpart B Vol. 70, No. 131, pp. 39662-39664 7/11/2005 7/11/2005

Standards of Performance for Steel Plants: Electric

Arc Furnaces Constructed After October 21,1974,

& on or Before August 17,1983; & Standards of

Performance for Steel Plants: Electric Arc

Furnaces & Argon-Oxygen Decarburization 40CFR60

Vessels Constructed After August 17, 1983; Final SubpartAA &

21 Rule Aaa Vol. 70, No. 34, pp. 8523-8534 212212005 - 2/22/2005

NESHAP: Cellulose Products Manufacturing; Final 40CFR63

22 Rule; Correction Subpart UUUU Vol. 70, No. 121, pp. 36523-36524 6/24/2005 6/24/2005
National Emission Standards for Pharmaceuticals 40CFR63

23 Production; Direct Final Rule; amendments SubpartGGG Vol. 70, No. 92, pp. 25665-25670 5/13/2005 7/1212005

NESHAP: Asphalt Processing & Asphalt Roofing 40CFR63

24 Manufacturing; Direct Final Rule; amendments Subpart LLLLL Vol. 70, No. 94, DD. 28359-28365 5/17/2005 8/15/2005

National Emission Standards for HAPs for Source

Categories: Generic MACT Standards; & National

Emission Standards for Ethylene Manufacturing 40CFR63

Process Units: Heat Exchange Systems & Waste SUbpart XX &

25 operations; Direct Final Rules; amendments yy Vol. 70, No. 70, pp. 19266-19273 4/13/2005 6/13/2005

NESHAP: Leather Finishing Operations; Direct 40CFR63

26 Final Rule; amendments SUbpart TTTT Vol. 70, No. 24, pp. 6355-6361 217/2005 2128/2005

NESHAP: Petroleum Refineries: Catalytic

Cracking Units, Catalytic Reforming Units, & Sulfur 40CFR63

27 Recovery Units; Direct Final Rule; amendments SUbpart UUU Vol. 70, No. 26, Dp. 6929-6973 2/9/2005 4/11/2005

Standards of Performance for Electric Utility Steam

Generating Units. Industrial-CommercialInstitutional Steam Generating Units, & Small 40CFR60

Industrial-Commercial-Institutional Steam Subparts Da,

28 Generating Units; Final rule Db, & Dc Vol. 71, No. 38, Dp. 9866-9886 2127/2006 2/27/2006

Standards of Performance for New & Existing 40CFR60

Stationary Sources: Electric Utility Steam Subpart Da &

29 Generating Units; Final Rule; corrections 40CFR75 Vol. 70, No. 167, pp. 5126-51269 8/30/2005 5/18/2005

Revision of December 2000 Clean Air Act Section

112(n) Finding Regarding Electric Utility Steam

Generating Units; & Standards of Performance for

New & Existing Electric Utility Steam Generating 40CFR60

Units: Reconsideration; Final Rule; notice of final SUbpart B, Da,

30 action on reconsideration Db, & HHHH Vol. 71, No. 111, DD. 33388-33402 6/9/2006 6/9/2006
AQCB HEARING, 12/13/06

1 .

3

4

IN THE MATTER OF THE

3 PROPOSAL TO AMEND 20.11.63

NMAC AND 20.11.64 NMAC.

14 9. Emission Standards promulgated

9 6. snapshot of AQD website with Public

8

8

8

8

8

8

8

8

8

8

EXHIBITS ADMITIED

public Review Draft

Review Drafts

Delegation

by EPA 'since 7/1/04

1. 20.11.63 NMAC Public Review Draft

2. 20.11.64 NMAC Public Review Draft

3. 10/28/06 Albuquerque Journal Legal Ad

4. 11/15/06 NM Register Legal Ad

S. Listserve Notice of Availability of

1

2 AQD EXHIBIT:

3

4

5

6

7

8

13

10

15

11 7. 12/13/06 AQCB Agenda

12 8. 12/9/05 Federal Register Approving

16 10. Pubic comment (None' Received)

17

18

19

20

21

22

23

24

25

BEFORE THE ALBUQUERQUE-BERNALILLO COUNTY

AIR QUALITY ,CONTROL BOARD

BE IT REMEMBERED that on the 13th day of

December, 2006, this matter came on for hearing before

MARIA DOMINGUEZ, Hearing officer, and the AlbuquerqueBernalillo County Air Quality Control Board. the vincent

E. Griego Chambers, 400 Marquette, Northwest, 1 civic

plaza, Albuquerque, New Mexico, at the hour of 5:30 PM.

TRANSCRIPT OF HEARING AND BOARD MEETING

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2

1 APPEARANCES

2 FOR THE ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY

CONTROL BOARD:

1

2

MR. DEICHMANN: Good evening.

I'd like to just, first of all, welcome you

3

MR. J ENS DEICHMANN, chair

4 MR. AUGUSTINE GRACE

MS. KAREN WENTWORTH

5 DR. MATTHEW CAMPEN

6 MS. MARIA DOMINGUEZ

Hearing officer and Board Attorney

3 this eveni ng.

4 In addition to the regularly scheduled monthly

5 meeting, we're also set for a combined publiC:, hearing.

6 I' d 1i ke to ask both the Board members and

7 members of the public to keep their comments and

8 questions limited to the matter either being held or the

7 9 matter on the table. .

8 FOR THE ENVIRONMENTAL HEALTH DEPARTMENT: 10 Just for information for the public, we will

11

12

13 I N D E X

14 NEAL BUTT

15 Direct Testimony

16 BOARD MEETING

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9

10

MR. NEAL BUTT

Environmental Health Department

cine civic plaza

Albuquerque, New Mexico 87102

6

12

11 be 'fi rst goi ng i-nto a heari ng, on a. couple of issues and

12 then we'll be going into our regularly scheduled

13 meeting.

14 so, Madam Heari ng offi ce r.

15 MS. DOMINGUEZ: okay. Good evening.

16 This public heari,ng is being held on

17 Wednesday, December 13th, 2006, in the vincent E. Griego

18 Chambers -;-n· the basement of Al buquerqUe-Bernali 110

19 Government Center in Albuquerque, New Mexico. The time

20 is now 5:30.

21 This is a nearing of -theAIbuquerque22 Bernalillo county Air Quality control Board, also known

23 as the'Air Board" or the Board",regarding the proposal

24 by the Albuquerque Environmental Health Department, or

25 the Department.

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 12/13/06

, 1 pollutants for Stationary sources."

2 The primary purpose _for this combined hearing

3 is to update these two regulations to incorporate the

4 most up-to-date emission standards that have been

5 promulgated by the US Environmental Protection Agency,

6 or EPA, in the Federal Register since July 1st, 2004,

7 which is shown in AQD Exhibit 9.

8 I'd first like to review the exhibits, and

5

1 specifically, this is to amend 20.11.63 NMAC,

2 New Mexico Administrative code. u New Source performance

3 Standards for stationary sources"; and to amend 20.11.64

4 NMAC, "Emissions standards for Hazardous Air pollutants

5 for Stationary sources."

6 These amendments are being proposed in support

7 of updating the us Environmental Protection Agency's

8 delegation of authority-to the Environmental Health

9 Department and the-Air Quality control Board to 9 then r'11 proceed with my presentation.

10 implement federal emission standards at the local level. 10 AQD Exhibit 1 is the public review draft

11 My name is Maria Dominguez. I'm an attorney, 11 showing proposed amendments to 20.11.63 NMAC.

12 and I advise the Board, but this evening, I will be 12 AQO Exhibit 2 is the public review draft

13 acting as the Hearing officer, as well as the Board 13 sho~ng proposed amendments to 20.11.64 NMAC.

14 attorney. 14 AQO Exhibit 3 is the legal advertisement of

15 I've been authorized by the Board to conduct 15 this hearing published in the Albuquerque Journal.

16 this hearing. The members present are Or. campen, 16 AQD Exhibit 4 is the legal ad published in the

17 Member wentworth, Member Grace and Chairman Deichmann. 17 New Mexico Register.

18 Also present is our court reporter, Kathy 18 AQD Exhibit 5-is the "Notice of Availability

19 Townsend, of Kathy Townsend court reporting. If you'd 19 of the Public Review Drafts" that I sent to the Air

20 like to obtain a transcript of the hearing, you may do 20 Quality Announce ListServe and the list of those

21 so by contacting Kathy and purchasing it from her. 21 individuals' E-mails follows that.

22 The Air Board hearings do not involve -- or do 22 AQDExhibit 6 is a snapshot of the Division's

23 not follow the rules of evidence as used in the court of 23 website, showing the availability of the public review

24 law. However, it is important to remember that the 24 draft for tonight's hearing.

f-2:.;:5_;:.;:o;:a:.rd:..;m:;u::5;:tc.:::ma:.k"'e:..;i"t""....:;d"'ec:.';.:·,;.:i"O"'""'5-=ba:.';.:e;.:d:....:o;.:"-='w"'o:;r..;":....:t;:e:.s;:t';;·m:.°::""y'-_f-=2:.5 "'A:.Q:::D:....:E::.xh"";.:·b:.i;.:t:....:7....:;i:.5:.a:.:.c::o~p~Y:....:of:..;t::o::.";.:i.=9:.:h;:t:.' s::..;m:;e:;e:;t..:i:.:"9=--_-1 i

Quality Division as an air quality planner.

r'd like to present for your consideration

proposed amendments to 20:11.63 NMAC, "New Source

Performance standards for stationary sources," and to

20.11.64 NMAC, "Emission standards for Hazardous Air

I

in the united States

Code of Federal Regulations, or CFR, they are

agenda.

8

AQD Exhibit 8 is a oopy of the most recent

approval by EPA of the delegation of authority to the

Division to enforce NSPS and NESHAPS, as published in

the Federal Register.

AQD Exhibit 9 are the emission standards that

have been promulgated by the us EPA in the Federal

Register since July 1st, 2004.

And there were no public comments received.

I would like to move these exhibits into the

record at this t~me, Madam Hearing officer.

MS. DOMINGUEZ: Exhibits 1 through 10 have

been -- will be admitted.

(AQQ Exhibits 1 through 10 admitted.)

MR. BUTT: Thank you.

We are proposing to incorporate by reference

the Federal Emission standards found in Title 40 of the

Code of Federal Regulations underParts 60, 61 -and 62.

The reason that we incorporate these standards

by reference is that we are locally delegated by the EPA

to administer and enforce federal provisions. These

standards are applicable to sources of air pollution in

Albuquerque and Bernalillo county.

Once they are established

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hearing, and that that

part of the hearing

Discussions at the Air Board meeting are not

as sworn testimony of witnesses at this

and evidence admitted at this

sworn testimony wiTT become a

record.

At this hearing, I will limit the testimony

only to relevant evidence or -- and I'll try to limit

repetitious testimony. I ~ll rule on evidence and

exhibits and will admit or not admit exhibits.

We will'begin this hearing with the testimony

of the Ai'r Quality Division, Mr. Butt.

MR. BUTT: Thank you.

NEAL BUTT

after having been first duly sworn under oath,

was questioned and testified as follows:

DIRECT TESTIMONY

MR. BUTT: Good evening, Madam Hearing

Chairman Dei chmann , and members of the Board.

My name is Neal Butt. I work in the Air

the same

hearing.

officer,

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KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 12/13/06

9

1 enforceable by EPA, irrespective of us incorporating

2 these standards into our regulations.

3 However, it's beneficial to the local

4 businesses and industries to be able to work through us,

5 the local agency, when obtaining air quality permits.

6 rather than having to go through EPA Region VI in

7 Dallas.

8 Assuming the proposed amendments are adopted

9 by the Air Quality control Board, we will request

10 reauthorization of our delegation of these standards

11 through October 28th, 2006. This date coincides with

12 the review of the public review draft of 20.11.63 NMAC

13 and 20.11.64 NMAC.

14 The clean Air Act, as amE!nded, requires under

15 section 111, entitled. "standards of Performance of New

16 Stationary sources," that performance standards be set

17 for sourc~ categories which, in the judgment of the

18 administrator, cause or contribute significantly to air

19 pollution.

20 This section includes the New Source

21 Performance Standards found in 40 CFR, Part 60, which is

22 incorporated in our regulation 20.11.63 NMAC, section

23 112, entitled, "National Emission standards for

24 Hazardous Air pollutants," requires that emission

25 ,standards be established for hazardous air pollutants.

10

1 This section includes standards for hazardous

2 air pollutants promulgated within 40 CFR 61 and 40 CFR

3 63, which are incorporated into our regulation 20.11.64

4 NMAC.

5 In addition, sections lll(c) and 112(d) of the

6 clean Air Act provide the administrator of the EPA with

7 the authority to delegate to state agencies the

8 implementation and enforcement of both these standards.

9 In order to delegate its authority, EPA must

10 make a finding that the state's procedures for

11 implementing and enforcing NSPS and NESHAPS are

12 adequate.

13 There are nine elements that must be

14 considered in order to support a finding that a state

15 agency can implement and enforce the NSPS and NESHAPS

16 programs effectively.

17 These elements are: number one, emission

18 limits consistent with federal regulations; number two,

19 test methods consistent with federal regulations; number

20 three, reporting and monitoring requirements; number

21 four, enforcement; number five, waivers (variance)

22 procedures; number six, surveillance; number seven,

23 public notification and disclosure of information;

24 number eight, resources; and, number nine, reporting to

25 EPA.

11

1 We are required by EPA to periodically update

2 our delegation of authority under part 60, part 61 and

3 part 63, and ~th each delegation renewal, we reaffirm

4 that we have the resources and ability to comply with

5 these nine elements.

6 The Board ,first enacted 20.11.63 NMAC and

7 20.11.64 NMAcin 1985, and they've approved periodic

"S updates through the years, with the most recent

9 redelegation hearing being held on November 10th, 2004.

10 Generally, the EPA reviews our proposed

11 amendments to 20.11.63 NMAC and 20.11.~4 NMAC and an

12 accompanying letter from the director of the

13 Environmental Health Department requesting redel egati on ,

14 and then i~our updated regulations and commitment to

15 implement and enforce del egated programs meet thei r

16 approval, they will publish an announcement-of our

17 delegation authority in the Federal Register.

1S If the ,Board adopts the proposed updates and

19 amendments to 20.11.63 NMAC and 20.11.64 NMAC, the

20 Division will transmit the adopted and filed regulations

21 to the US EPA. along th an update request to renew ou r

22 delegation of these important emission standards.

23 This concludes my presentation and I stand for

24 questions.

25 MS. DOMINGUEZ: At this point, I'll take

12

1 questions from any of the Board members, if there are

2 any specific questions.

3 Are there any_ questions from members of the

4 public?

5 Are there any additional witnesses, Mr. sutt?

6- MR. BUTT: No.

7 MS. DOMINGUEZ: At this point, I will close

8 the heari ng.

9 (Hearing c10sedat 5:40 PM.)

10 MR. DEICHMANN: I'll call the meeting to

11 order;

12 This is a meeting of the

13 Albuquerque-Bernalillo county Air Quality Control Board,

14 and-I ~ll note that we have a quorum -- Dr. campen,

15 Member wentworth, Mr. Grace and myself.

16 First of all, I'd like to move that the Board

17 approve the agenda -- the draft agenda.

18 MR. GRACE: Make amotion to approve the

19 agenda.

20 MR. DEICHMANN: All righ.t.

21 MS. WENlWORTH: I second.

22 MR. DEICHMANN: There is amotion to app~ove

23 the agenda. There is a second.

24 All in favor say aye.

25 DR. CAMPEN: Aye.

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 12/13/06

13

1 MS. WEN1WORTH: Aye.

2 MR. GRACE: Aye.

3 MR. OEICHMANN: Aye.

4 opposed?

5 Motions passes unanimously.

6 Has everyone had the opportunity to review the

7 minutes of the November 8th meeting?

a Any changes? Ciuestions?

9 Is there a motion to approve?

10 MR. GRACE: Motion to approve the minutes of

11 November 81:h.

12 MR. DEICHMANN: IS there a second?

13 DR; CAMPEN: second.

14 MR. DEICHMANN: There is a motion and a second

15 to approval the minutes of November 8th.

15

1 the Al buquerque-Bernalillo county Ai r Quality control

2 Board Regulations.

3 Whereas. on December 13th, 2006, the Air Board

4 held a public hearing in the vincent E. Griego chambers

5 in the, basement of the Albuquerque-Bernalillo county

6 Government Center, and the hearing was held consistent

7 with the notice requirements of the New Mexico Air

B QUality Control Act.

9 whereas, on December 13th, 2006, the Air Board

10 met and determined that updating the local Air Quality

11 control Board regulations to incorporate the latest

12 federal emission standards for criteria air pollutants

13 and hazardous air pollutants provides an efficient and

14 effective way to implement these standards and ensure

15 that the health and welfare of individuals in the

16 All in favor say aye. 16 community are protected.

17 DR. CAMPEN: Aye. 17 And, whereas. at the December 13th, 2006,

18 MS. WENTWORTH: Aye. 18 public hearing, testimony was presented to establish a

19 MR. GRACE: Aye. 19 present need, or a reasonably anticipated future need

20 MR; DEICHMANN: Aye. 20 exists to warrant taking the folloWing actions to help

21 opposed? 21 prevent or abate air pollution.

22 Motion passes unanimously. 22 And, whereas. it is necessary at the local

23 We move to action number three, which is a 23 level to keep the delegation by the united States

24 decision regarding the adoption of proposal to amend 24 Environmental Protection Agency for implementing federal

~2:5:.......:2;:0~.1=1=.:.;6;;3...;,;N:.;MA;;C;:,,-".;.N;;.:.;W_,,so,,u,-r_c:.;.,--p.;..,,r"fo~r:.;m:::a::.n;;c;; •..::.st;:a:::n:::d;;a::.r..:d:::5...;.fo::.r'--__1-2_5_..:._m_;5_5_'_'o'-n_5..:t"an.;.d::.a::.r_d_5_u:::P_t.;.o.:....d_a'-t;;•.;.. _ _I '

14

1 stationary sources," by incorporating by reference new

2 and modified New Source performance standards published

3 ; n 40 CFR· 50, "New Source performance standards."

4 through october 28th. 2006; and a decision regarding

5 adoption of proposal to amend 20.11.64 NMAC, "Emission

6 standards for Hazardous Air Pollutants for Stationary

7 sources," by incorporating by referenCE!: new and modified

8 standards published in 40 CFR 61, "National Emissions

9 Standards for Hazardous Air Pollutants," and 40 CFR 63,

10 "National Emission Standards for Hazardous Ai r

11 pollutants by Source category," through october 28th,

12 2006.

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NOW, therefore. it is resolved by the Board

that:

one. regarding 20.11.63 NMAC., "New source

Performance Standards for Stati onary sources," the Board

hereby adopts the amendment to 20.11.63 NMAC as proposed!

in, AQD Exhibit 1, which was admitted at the!

December 13th,' 2006, hearing; two, regarding 20.11.64

NMAC, "Emission Standards for Hazardous Air Pollutants

for stati onary sources," the Board hereby adopts the

amendments to 20.11.64NMAC, as proposed in AQD

Exhibit 2, which was admitted at the December 13th.

2006, hearing; and the Board hereby directs staff to

13 I will move that the Board adopt both of those 13 take all actions necessary to renew the united States

14 am~ndments pursuant to Resolution 2006-5, which reads: 14 Environmental protection Agency's delegation of the

15 whereas. the New Mexico Air Quality Control 15 adopted standards to the local Albuquerque-Bernalillo

16 Act, the Air Act, NMSA 74-2-8, requires the 16 county Air program.

17 Albuquerque-Bernalillo county 'Air Quality Control Board, 17 The effective date of the amendments to

18 to adopt, promulgate, publish, amend and repeal 18 20.11.63 NMAC and 20.11.64 NMAC shall be January 15th,

19 regulations consistent with the Air Quality Control Act 19 2007.

20 to attain and maintain national ambient air quality 20 Staff is directed to submit the amendments to

21 standards and prevent or abate air pollution, including 21 20.11.63 NM4C and 20.11.64 NMAC to the State Records

22 regul ations prescribi ng ai r standards withi n Bernal i 110 22 center, i nthe format currently requi red by the State

23 county, and to meet requirements of··the United states 23 Records Center, without changing the substance of the

24 Clean Air Act, the City·of Albuquerque and Bernalillo 24 amendments as adopt.ed by the. Air Board on December 13th,

25 County Joint Air Quality Control Board ordinances, and 25 2006.

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 12/13/06

My commission Expires: 9/12/09

NOTARY PUBLIC

CCR License Number: 23

Expires: 12/31/06

.

19

STATE OF NEW MEXICO )

)ss.

COUNTY OF BERNALILLO)

I, Kathy Townsend, the officer before whom the

foregoing hearing was taken, do hereby certify that the

witnesses whose testimony appears in the foregoing

transcript were duly sworn by me; that I personally

recorded the testimony by machine shorthand; that said

transcript is a true record of the testimohY given by

said-witnesses; that I am nei~her attorney nor counsel

for, nor related to or employed by any of the parties to

the action in which this matter is taken, and that I am

nota relative or employee of any attorney or counsel

employed by the parties hereto or finandally interested

in the action.

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All in favor say aye.

DR. CAMPEN: Aye.

MS. WENTWORTH: Aye.

MR. GRACE: Aye.

MR. OEICHMANN: Aye.

Opposed?

Motion passes unanimously.

Let ~he record note that Dr. Lewis was not

floor.

18

present for the hearing, the reading of the resolution,

and did not vote.

(Requested portion of proceedings concluded

at 5:45 PM.)

Is there a second?

DR. CAMPEN: second.

MR. DEICHM.4NN: There 1S a motion by t.he

chair, a second by Dr. campen.

Any discussion? Questions?

MR. GRACE: Just a friendly amendment. your

first sentence after the whereas. you referenced 72-2-8.

MR. DEICHMANN: Did I say "8"?

MR. GRACE: Yes. But just a friendly -- to

make sure we're correct.

MR. DEICHMANN: Do we need to treat that as an

amendmen~?

MS. DQM[NGUEZ: You can correct yourself.

MR. DEICHMANN: I'll just take that

opportunity to corre,ct that', that should read 74-2-5.

okay. There is a motion and a second on the

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KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 12/13/06

1

1 4 able 11J • 9:4 14:24, 14:25, 15:1, authorized 11J - 5:15

accompanying (1]- 15:3,15:7,15:9, availability 1']- 7:23

11:12 15:10, 16:8, 16:16, Availability (2J - 3:7,

1[6] -1:18,3:3,7:10, 412)-3:6,7:16 Act (7) - 9:14, 10:6, 16:24 7:18

8:12,8:14,16:6 40(7]-8:17,9:21, 14:16, 14:19, 14:24, ALBUQUERQUE 12) aye(3]-12:24,

1013]- 3:16, 8:12, 10:2, 14:3, 14:8, 14:9 15:8 -1:1,2:2 13:16, 17:18

8:14 400[1]-1:18 acting 11) - 5:13 Albuquerque [16]- Aye 112) - 12:25,

10/28/06[1]- 3:5 action [3J - 13:23, 1:16,1:19,2:10,3:5, 13:1,13:2,13:3,

10thll)-11:9 5 19:12,19:15 4:18,4:19,4:21,4:24, 13:17,13:18,13:19,

11/15/0611J - 3:6 actionS!2] -15:20, 7:15,8:23, 12:13, 13:20, 17:19,17:20,

11111J - 9:15 16:13 14:17,14:24,15:1, 17:21, 17:22 I

111(cll],10:5 5[2]- 3:7,7:18 ad [1]- 7:16 15:5, 16:15

112/1]-9:23 5:30 12) - 1:19, 4:20 Ad 12) - 3:5, 3:6 Albuquerque- B

112(dll]-10:5 5:4011) -12:9 addition 12] - 4:4, Bernalillo 16]- 4:18,

1211]- 2:16 5:4511) -18:4 10:5 12:13,14:17,15:1,

12113/0611) - 3:11 additional 11]- 12:5 15:5, 16:15 based 11) - 5:25

12131/0611) -19:19 6 adequate [1J - 10:12 ALBUQUERQUE- basementl2J - 4:18,

1219/0511]- 3:12 administer [1J -8:21 BERNALILLO [2J - 15:5

13th [6]-1:14,4:17, Administrative [1] - 1:1,2:2 BEI']-1:14

15:3, 15:9, 15:17, 6(3)-2:15,3:9,7:22 5:2 ambienl[1]-14:20 become [lJ - 6:2

16:7,16:11,16:24 6014]- 8:18, 9:21, administrator [2J- amend [5J - 5:1, 5:3, BEFORE 1']- 1:1

15thllJ-16:18 11:2,14:3 9:18, 10:6 13:24, 14:5, 14:18 beg)n 11) - 6:11

198511]-11:7 6114]- 8:18, 10:2, admit 12) • 6:10 AMEND 11) - 1:3 beneficial 11]- 9:3

1stI2]- 7:6, 8:8 11:2, 14:8 ADMIITED 11) - 3:1 amended 111- 9:14 BERNALILLO (3)-

62[lJ-8:18 admitted 15]- 6:1, amendment £3] - 1:1,2:2,19:3

2 63(3]-10:3,11:3, 8:13,8:14, 16:6, 16:5, 17:6, 17:12 Bernalillo I11J -1 :17,

14:9 16:11 amendments [12)- 4:18,4:22, 8:23,

adoptl2J -14:13, 5:6,6:23,7:11,7:13, 12:13, 14:17, 14:22,

2(3)- 3:4,7:12, 7 14:18 9:8,11:11,11:19, 14:24, 15:1, 15:5,

16:11 adopted 14]- 9:8, 14:14, 16:10, 16:17, 16:15

20.11.63115J - 1:3, 11:20, 16:15, 16:24 16:20, 16:24 BOARDI4)-1:1,

3:3,5:1,6:23,7:11, 712)-3:11,7:25 adoption 12] - 13:24, ANDI2,-1:3,1:10 1:10,2:2,2:16

9:12, 9:22, 11 :6, 7/1104[1]-3:15 14:5 Announce [lJ - 7:20 Board [32J -1:17,

11:11,11:19,13:25, 72-2-8111 -17:7 adopIs13J-11:18: announcementl1J - 2:6, 4:6, 4:22, 4:23,

16:3, 16:5, 16:18, 74-2-511]-17:15 16:5,16:9 11 :16 5:9,5:12,5:13,5:15,

16:21 74-2-811]-14:16 advertisement (1] - anticipated (1)- 5:22,5:25,6:4,6:19,

20.11.64115J - 1:3, . 7:14 15:19 9:9,11:6,11:18,12:1,

3:4,5:3,6:25,7:13, 8 advise [1]- 5:12 appliqable [lJ - 8:22 12:13, 12:16, 14:13,

9:13,10:3,11:7, agencies 11) - 10:7 approval 13] - 8:3, 14:17, 14:25, 15:2,

11:11,11:19,14:5, Agency 12] - 7:5, 11:16,13:15 15:3,15:9,15:11,

16:7,16:10, 16:18, 8 [13J • 3:3, 3:4, 3:5, 15:24 apprOveI5l-12:17, 16:1, 16:4, 16:9,

16:21 3:6,3:8,3:10,3:11,

agency I2J - 9:5, 12:18,12:22,13:9, 16:12, 16:24

2004 (3]- 7:6, 8:8, 3:12,3:13,3:15,3:16, 10:15 13:10 businesses (1]- 9:4 .

11:9 8:2,17:8 . . Agency's!2J - 5:7, approved 1') - 11:7 BUIT(7j - 2:9,2:14,

2006111]-1:15, 8710211) - 2:10 16:14 Approving [1]- 3:12 6:13,6:14,6:18,8:15,

4:17,9:11,14:4, 8th[3]-13:7,13:11, Agenda 1"- 3:11 AQCB [1]- 3:11 12:6

14:12, 15:3, 15:9, 13:15 agenda 151 - 8:1, AQD 115]- 3:2, 3:9, Butt(3]- 6:12, 6:20,

15:17. 16:7, 16:12, 12:17,12:19, 12:23 7:7, 7:10, 7:12, 7:14, 12:5

16:25 9 AIR[2)-1:1,2:2 7:16,7:18,7:22,7:25,

2006-5[lJ - 14:14 air(12) - 6:21, 8:22, 8:2,8:6,6:14, 16:6, C

2007(1) -16:19

913]- 3:14,7:7,8:6 9:5, 9:18, 9:25, 10:2, 16:10

2311)-19:19 9/12/0911] - 19:20 14:20,14:21,14:22, Assuming 11) - 9:8

28thI3]-9:11,14:4, 15:12,15:13,15:21 attain 11]-14:20 CAMPEN [6J - 2:5,

14:11 Air(33]-1:17,4:22, attorney (4) - 5:11, 12:25, 13:13, 13:17,

A 4:23, 5:4, 5:9, 5:22, 5:14,19:10,19:13 17:2, 17:19

3 6:4,6:12,6:20,6:25, Attorney 11) - 2:6 Campen (3]- 5:16,

abate[2]-14:21, 7:19,9:9, 9:14, 9:24, AUGUSTINE [1]- 2:4 12:14, 17:4

15:21 10:6, 12:13, 14:6, authority (6)- 5:8, categories 11]- 9:17

312J-3:5,7:14 ability 11J - 11:4 14:9,14:10,14:15, 8:3,10:7,10:9,11:2, Category [lJ - 14:11

14:16, 14:17, 14:19, 11:17 CCRll]-19:19

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 12/13/06

2

Center[41-4:19, 2:2, 19:3 DOMINGUEZ(7j - establish [1]-15:18 12:15

15:6, 16:22, 16:23 County 110]-1:17, 1:16,2:6,4:15,8:12, established 121- GRACE IBJ - 2:4,

certlfy[1]-19:5 4:22, 8:23, 12:13, 11:25,12:7,17:13 8:24,9:25 12:18, 13:2, 13:10,

CFR(7j - 8:25, 9:21, 14:17, 14:23, 14:25, DR 16J - 2:5, 12:25, evening 16]- 4:1, 13:19,17:6, 17:9,

10:2, 14:3, 14:8, 14:9 15:1,15:5,16:16 13:13,13:17,17:2, 4:3,4:15,5:12,6:18 17:21

Chair II] - 2:3 couple 111- 4:11 17:19 evidence 14] - 5:23, Griegol.]-1:1a,

chairpl-17:4 courtl']- 5:18,5:19, 0'14]- 5:16,12:14, 6:1,6:8,6:9 4:17, 15:4

Chairman [2]- 5:17, 5:23 17:4, 17:25 EXHIBIT II] - 3:2

6:19 criteria II] - 15:12 draft[6]-7:10, 7:12, exhibit 112] - 7:7, H

Chambers 1'1-1 :18, 7:24,9:12,12:17 7:10,7:12,7:14,7:16,

4:18, 15:4 0 Draft [']- 3:3, 3:4, 7:18, 7:22, 7:25, 8:2,

changes [11- 13:8 3:8 8:6,16:6,16:11 Hazardous [71 - 5:4,

changing [11- 16:23 Drafts (2J - 3:10, exhibits [4J - 6:10, 6:25, 9:24, 14:6, 14:9,

City 11]- 14:24 Dallas 11]- 9:7 7:19 7:8,8:10 14:10, 16:8

CivlcI2J-1:18,2:10 datel4J - 7:4, 9:11, duly 12]- 6:15, 19:7 Exhibits 121 - 8:12, hazardous 13J - 9:25,

Clean13J - 9:14, 15:25, 16:17 8:14 10:1,15:13

10:6,14:24 DecemberIB]-1:15, E exists 111-15:20 HEALTH [1]- 2:8

CIOSe[1]-12:7 4:17,15:3,15:9, . ExpiresI21- 19:19, healthll]-15:15

closed [1]- 12:9 15:17,16:7,16:11, 19:20 Health 14J - 2:9, 4:24,

Code 13] - 5:2, 8:18, 16:24 E-mails II] - 7:21 5:8, 11:13

8:25 decision [2] -13:24, effectiveI2]-15:14, F HEARINGll]-1:10

coincides [1]- 9:11 14:4 16:17 hearing (24J - 1:15,

combined 121- 4:5, decisions [1] • 5:25 effectively 11]·~ 4:5,4:11,4:16, 4:21,

7:2 DEICHMANN 114] - 10:16 favor13J-12:24, 5:16,5:20,6:1,6:2,

Commentl']- 3:16 2:3,4:1,12:10,12:20, efficient II] - 15:13 13:16, 17:18 6:6, 6:7, 6:11, 7:2,

comments 12]- 4:7, 12:22, 13:3, 13:12, eightlll- 1O:24 federal 16]- 5:10, 7:15,7:24,11:9,12:8,

8:9 13:14, 13:20, 17:3, eltherllJ - 4:8 8:21,10:18,10:19, 15:4,15:6, 15:18,

Commission 11]- 17:8,17:11,17:14, elements 13]-10:13, 15:12,15:24 16:7,16:12,18:1,

19:20 17:22 10:17,11:5 Federal 18] - 3:12, 19:5

commitment{1j- Oeichmann [2] • Emission [7J - 3:14, 7:6,8:5,8:7,8:17, Hearing (7j -1:16,

11:14 5:17,6:19 6:25,8:17,9:23, 14:5, 8:18,8:25,11:17 2:6,4:14,5:13,6:18,

community II] - delegate 121- 10:7, 14:10,16:8 filed II] - 11 :20 8:11,12:9

15:16 10:9 emission 18J - 5:10. financially 1']- hearings II] - 5:22

comply II] - 11:4 delegated 12]- 8:20, 7:4,8:6,9:24,10:17, 19:14 held [6]- 4:8, 4:16,

concluded 111- 18:3 11:15 11:22,15:12,15:25 Firstll]-12:16 11:9,15:4,15:6

concludes [1J - delegation (9J - 5:8, Emissions 12J - 5:4, first 16] - 4:2, 4:11, help [1]- 15:20

11:23 8:3,9:10,11:2,11:3, 14:8 6:15,7:8,11:6,17:7 hereby 14] - 16:5,

conduct II] - 5: 15 11:17,11:22,15:23, employed 12] - five 11].-10:21 16:9, 16:12, 19:5

consideration 11]- 16:14 19:11,19:14 floor(1)-17:17 hereto 11]- 19:14

6:22 Delegation [1]- 3:13 employee[lJ-19:13 follow [I] - 5:23 hOUr[lJ-1:19

considered II] - DEPARTMENT [1]- enacted [11- 11:6 following 11]- 15:20

10:14 2:8 enforce 14]- 8:4, follows (2J - 6:16, I

consistent (4J - Department 151 - 2:9, 8:21,10:15,11:15 7:21

10:18,10:19,14:19, 4:24,4:25,5:9,11:13 enforceable [I] - 9:1 FOR 12] - 2:2, 2:8

15:6 determined [1J - enforcement (2] foregoing (21- 19:5, implement!4J - 5:10,

contacting 11]- 5:21 15:10 10:8, 10:21 19:6 10:15,11:15,15:14

contribute (I] - 9:18 DIRECT [lJ - 6:17 enforcing 11]-10:11 formatll]-16:22 implementation [1]-

CONTROL 12]- 1:1, Direct 11]- 2:15 ensure 11]-15:14 fOUr[l]-10:21 10:8

2:2 directed 11J -16:20 entitled 12]- 9:15, friendly 12] - 17:6, Implementing 12] -

Contro'[121- 1:17, director[l] - 11:12 9:23 17:9 10:11, 15:24

4:22,5:9,9:9, 12:13, directs [1]- 16:12 ENVIRONMENTAL future 11]- 15:19 important[21- 5:24,

14:15, 14:17, 14:19, disclosure 11J - 11]- 2:8 11:22

14:25, 15:1, 15:8, 10:23 Environmental [8] - G IN 1,]-1:2

.

15:11 discussion [1]-17:5 2:9, 4:24, 5:7, 5:8, includes 12]- 9:20,

copy 12] - 7:25, 8:2 Discussions [1] - 6:4 7:5,11:13,15:24, 10:1

correct13]-17:10, Division [41- 6:12, 16:14 Generally II] - 11:10 including [1]-14:21

17:13,17:15 6:21, 8:4, 11 :20 EPA 113] - 3:15,7:6, given 11]-19:9 incorporate 141- 7:3,

counseI12]-19:10, Division's 11]-7:22 8:3,8:7,8:20,9:1, Government[2J • 8:16,8:19,15:11

19:13 Dominguez (1)- 9:6, 10:6, 10:9, 10:25, 4:19, 15:6 Incorporated 12] -

COUNTY13]-1:1, 5:11 11:1,11:10,11:21 GraceI2]- 5:17, 9:22,10:3

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 12/13/06

3

incorporating I3] - M 4:15,8:12,11:25, 0 9:19,14:21,15:21

9:1,14:1,14:7 12:7,12:21,13:1, portion (11- 18:3

individualsI1] - 13:18,17:13, 17:20 prescribing [1] -

15:15 machine [1]- 19:8 must [3]- 5:25, 10:9, oath [11- 6:15 14:22

individuals' 11] - Madam 131- 4:14, 10:13 obtain [1]- 5:20 present [51 - 5:16,

7:21 6:18,8:11 obtaining [11- 9:5 5:18,6:22, 15:19,

Industries 1'1- 9:4 malls (1]- 7:21 N October 131 - 9: 11 , 18:1

Information [2] - maintain 11]-14:20 14:4,14:11 presentation [2)-

4:10,10:23 MARIA12I-1:16,2:6 OF[4]-1:2,1:10, 7:9,11:23

interested 111-19:14 Maria (11- 5:11 name [2J - 5: 11 , 6:20 19:1,19:3 presented (1]- 15:18

involvell] - 5:22 Marquelte(1]-1:18 national 1'1- 14:20 ofllcerll]-19:4 prevent[2J -14:21,

irrespective[1]· 9:1 MATTER[11-1:2 National [3]- 9:23, Oflicer[61-1:16, 15:21

issues [1]- 4:11 malter[41-1:15,4:8, 14:8,14:10 2:6,4:14,5:13,6:19, primary [11- 7:2

IT[11-1:14 4:9,19:12 NEAL(3J-2:9,2:14, 8:11 proceduresI2l •

MATTHEWll]- 2:5 6:14 OnCll[ll- 8:24 10:10, 10:22 .

J meetI21-11:15, Neal[ll- 6:20 One[21- 2:10,16:3 proceed 111-7:9

14:23 necessalY (2J - one [1]-10:17 proceedings 11]-

MEETING 121- 1:10, 15:22,16:13 opportunity (2)- 18:3

Januaryll]-16:18 2:16 need ['I -15:19, 13:6, 17:15 Program [1]-16:16

JENS [1]-.2:3 meeting [7J - 4:5, 17:11 Opposed [3] " 13:4, programs [2}-

Joint[11-14:25 4:13, 6:4, 7:25, 12:10, NESHAPs 13]- 8:4, 13:21,17:23 10:16,11:15

Journal (2) - 3:5, 12:12, 13:7 10:11,10:15 , order 13] - 10:9, promulgate [I] -

7:15 Member13l- 5:17, New [151 - 1:19, 2:10, 10:14,12:11 14:18

jUdgment[ll- 9:17 12:15 4:19,5:2,6:23,7:17, Ordinances [1]- promulgated 131 -

July [2]- 7:6, 8:8 members [51 - 4:6, 9:15,9:20,13:25, 14:25 7:5, 8:7, 10:2

4:7,5:16,6:19,12:1, 14:2,14:3,14:15, Promulgated [11 -

K 12:3 15:7,16:3 p 3:14

met[1]-15:10 new[21-14:1,14:7 proposal 131- 4:23,

methodslll-10:19 NEW [11- 19:1 13:24, 14:5

KAREN [11- 2:4 MEXICO [11-19:1 nine 131-10:13, part [11 - 6:2 PROPOSAl[ll- 1:3

Kathy [4]- 5:18, Mexicol7I-1:19, 10:24,11:5 Part[4j-g:21,11:2, proposed (9J - 5:6,

5:19,5:21,19:4 2:10,4:19,5:2,7:17, NM[ll- 3:6 11:3 6:23,7:11,7:13,9:8,

keep(2]-4:7,15:23 14:15,15:7 NMAC [30]- 1:3, 3:3, parties [21- 19:11, 11:10,11:18,16:5,

known [1]- 4:22 minutes 131-13:7, 3:4, 5: 1, 5:4, 6:23, ' 19:14 16:10

13:10, 13:15 6:25,7:11,7:13,9:12, Parts!11_ 8:18 proposing I1J - 8:16

L modified [21- 14:2, 9:13,9:22, 10:4, 11:6, passes [31-13:5, protected (1] - 15:16

14:7 11:7,11:11,11:19, 13:22, 17:24 Protection [41- 5:7,

monitoring [1]- 13:25,14:5,16:3, Performance (8] - 7:5,15:24, 16:14

latestl'l -15: 11 1.0:20 16:5,16:8, 16:10, 5:2,6:24,9:15,9:21, provide [11 - 10:6

law111- 5:24 monthly [1] - 4:4 16:18, 16:21 13:25, 14:2, 14:3, provldes[1]-15:13

Legal 121- 3:5, 3:6 most [31- 7:4, 8:2, NMSAll]-14:16 16:4 provisions (1] - 8:21

legal[21-7:14,7:16 11:8 None [1]- 3:16 performance (1)- Pubic 11]- 3:16

lelterl'l-11:12 motion 151 -12:18, Northwest [1] - 1:18 9:16 public 1131-4:5, 4:7,

level [21 - 5:10, 15:23 12:22,13:9,13:14, NOTARYI11-19:18 periodic [11- 11:7 4:10,4:16, 7:10, 7:12,

Lewis (11- 17:25 17:3, 17:16 note [2]-12:14, periodically [11- 7:23,8:9,9:12, 10:23,

License [1]-19:19 Motion 131-13:10, 17:25 11 :1 12:4, 15:4, 15:18

limit [2]- 6:7, 6:8 13:22,17:24 notice [1]-15:7 permits [11- 9:5 Public (61- 3:3, 3:4,

limited (11- 4:8 Motions [1]- 13:5 Notice [21- 3:7, 7:18 personally [11- 19:7 3:8,3:9, 7:19

IImits[1]-10:18 mOVe[4]- 8:10, notification [1} - planner [1]- 6:21 PUBLICI11-19:18

list[I] - 7:20 12:16,13:23,14:13 10:23 Plaza 12]' 1:19, 2:10 publish (21-·11:16,

ListServe [21- 3:7, MR [271- 2:3, 2:4, November[41-11:9, PM [3]-1:19, 12:9, 14:18

7:20 2:9,4:1,6:13,6:18, 13:7,13:11,13:15 18:4 publishedl6j- 7:15,

local161- 5:10, 9:3, 8:15,12:6,12:10, NSPS [3]- 8:4, point 121- 11 :25, 7:16, 8:4, 14:2, 14:8

9:5, 15:10, 15:22, 12:18, 12:20, 12:22, 10:11,10:15 12:7 purchasing [1] -

16:15 13:2, 13:3, 13:10, numberllol-10:17, pollutants [4] - 9:25, 5:21

locally [I] - 8:20 13:12, 13:14, 13:19, 10:18, 10:19, 10:20, '. 10:2, 15:12, 15:13 purpose 111 - 7:2

13:20,17:3,17:6, 10:21,10:22,10:24, Pollutants [7J - 5:4, pursuant[1]-14:14

17:8,17:9,17:11, 13:23 7:1,9:24,14:6,14:9,

17:14,17:21,17:22 Number [11 - 19:19 14:11,16:8

MS I11J - 2:4, 2:6, pollution 14] - 8:22,

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 12/13/06

4

Q 11:14,11:20,14:19, set (2) - 4:5, 9:16 T V

14:22,15:11 seven (lJ - 10:22

Regulations (31 - shall 11) -16:18

quality (3J - 6:21, 8:18,8:25,15:2 shorthand (lJ , 19:8 table (lJ - 4:9 variancell)-10:21

9:5,14:20 related flJ - 19:11 showing(3/-7:", I . testf1/-10:19 VI[ll- 9:6

QUALITY(2) - 1:1, relative (lJ - 19:13 7:13,7:23 testified (11- 6:16 Vincent (31- 1:17,

2:2 relevant (1) - 6:8 shown (lJ - 7:7 Testimony I1J - 2:15 4:17, 15:4

Quality(15]-1:17, remembe'llJ - 5:24 significantly (lJ - testimony (10J - vote I1J - 18:2

4:22,5:9,6:12,6:21, REMEMB.ERED (11- 9:18 5:25, 6:2, 6:5, 6:7,

7:20,9:9, 12:13, 1:14 - SiX(lJ -10:22 6:9,6:11,15:18,19:6, W

14:15, 14:17, 14:19, renew[2J-11:21, Snapshot (1) - 3:9 19:8, 19:9

14:25,15:1,15:8, 16:13 snapshot (1) - 7:22 TEST(MONY (lJ15:10 reneWal(lJ - 11:3 Source 181 - 5:2, 6:17 waivers [lJ ' 10:21

questioned (lJ - 6:16 repeal(11- 14:18 6:23, 9:20, 13:25, THE(51-1:1,1:2, warrant(lJ'15:20

questions (5i - 4:8, repetitious (1) - 6:9 14:2,14:3,14:11, 2:2,2:8 Website (lJ - 3:9

11:24,12:1,12:2, reporter (lJ - 5:18 16:3 therefore 11) -16:1 website [lJ - 7:23

12:3 reporting (3J - 5:19, source[11-9:17 they've flJ - 11:7 Wednesday [ll -

Questions (2J - 13:8, 10:20, 10:24 sources (1] :" 8:22 three (21 - 10:20, 4:17

17:5 request (2J - 9:9, Sources 19J - 5:3, 13:23 welcome (1) - 4:2

quorum [lJ -12:14 11:21 5:5, 5:24, 7:1, 9:16, Title(lJ - 8:17 welfarellJ -15:15

Requested I1J - 18:3 14:1,14:7,16:4,16:9 ._ TO(lJ-1:3 Wentworth (2J -

R requesting [1)- specific (1) - ) 2:2 tonight's (2J - 7:24, 5:17, 12:15

11:13 Specifically1'1- 5:1 7:25 WENTWORTH [51-

required (2J - 11:" SS (11-19:2 Townsend (3J - 5:19, 2:4,12:21,13:1, -

rather (lJ - 9:6 16:22 staff(11-16:12 19:4 13:18, 17:20

read I1J -17:15 requirements [3J - Staff (lJ - 16:20 TRANSCRIPT (lJ " Whereas(3J -14:15,

reading (lJ -18:1 10:20,14:23,15:7 stand I1J - 11 :23 1:10 15:3,15:9

reads I1J - 14:14 requires (3J - 9:14, standards (19) - transcript (3J - 5:20, whereas (3J -15:17,

reaffirm (1) - 11:3 9:24,14:16 5:10,7:4,8:6,8:19, 19:7, 19:9 15:22, 17:7

reason (lJ - 8:19 resolution (1) -18:1 8:22,9:2,9:10,9:16, transmit (lJ - 11:20 witnesses (4J - 6:5,

reasonably (lJ - Resolution [1] - 9:25,10:1,10:8, treatllJ -17:11 12:5,19:6, 19:10

15:19 14:14 11:22,14:8,14:21, true (1) - 19:9

reauthorization (lJ - .. resolved (lJ - 16:1 14:22, 15:12, 15:14, try 11) - 6:8 .y

9:10 resources [2] - 15:25, 16:15 twO(3J - 7:3,10:18,

Received (lJ - 3:16 10:24,11:4 Standards (17]- 16:7

received [1]- 8:9 review [7] -7:8, 7:10, 3:14,5:3,5:4,6:24, years I1J - 11:8

recent 12J ' 8:2, 11:8 7:12,7:23,9:12,13:6 6:25,8:17,9:15,9:21, U yourself(lJ -17:13

record (4) - 6:3, 8:11, Review (5J - 3:3, 3:4, 9:23,13:25, 14:2,

17:25,19:9 3:8,3:10,7:19 14:3,14:6, 14:9, . recorded(lJ -19:8 reviewsI'J -11:10 14:10,16:4, 16:8 unanimously (3) -

Records 12J - 16:21, rule (11 - 6:9 state (21- 10:7, 13:5, 13:22, 17:24

16:23 rules (lJ - 5:23 10:14 under 14) - 6:15,

rede(egation (2) - State(2J-16:21, 8:18,9:14,11:2

11:9,11:13 S 16:22 United (4) - 8:24,

reference (4] -.8:16, STATE (1) -19:1 14:23, 15:23, 16:13

8:20,14:1,14:7 state's (1J - 10:10 up (2J - 7:4, 15:25

referenced (11- 17:7 scheduled (2J - 4:4, States (4) - 8:24, up-to-date I1J - 7:4

regarding (5J 4:23, 4:12 14:23,15:23,16:13 update (3J - 7:3,

13:24,14:4,16:3, second [7] - 12:21, Stationary (9] - 5:3, 11:1,11:21

16:7 12:23, 13:12, 13:14, 5:5,6:24,7:1,9:16, updated 11) -11:14

Region (lJ - 9:6 17:1,17:4,17:16 14:1,14:6,16:4,16:9 updates (21 - 11 :8,

Register 171 - 3:6, Second (2J - 13:13, submit (1) - 16:20 •

11 :18

3:12,7:6,7:17,8:5, 17:2 substance (lJ - updating (21 - 5:7,

8:8, 11:17 Section (2) - 9:15, 16:23 15:10

regularly 121 - 4:4, 9:22 support (21 - 5:6, US 14J - 5:7, 7:5, 8:7,

4:12 section 12J - 9:20, 10:14 11:21

regOlation (2J - 9:22, 10:1 surveillance (lJ -

10:3 Sections I1J - 10:5 10:22

regulations 191- 7:3, sent(lJ -7:19 sworn (51 - 5:25, 6:2,

9:2, 10:18, 10:19, sentence (lJ - 17:7 6:5,6:15, 19:7

KATHYTOWNSEND COURT REPORTERS

505-243-5018