SUSANA MARTINEZ 

GOVERNOR 

JOHN A. SANCHEZ 

LIEUTENANT GOVERNOR 

October 18,2012 

Mr. Ron Curry 

Regional Administrator 

State of New Mexico 

ENVIRONMENT DEPARTMENT RECEiVED - 6P. 

AIR PLANNING Office of the Secretary 

Harold Runnels Building 

1190 St. Francis Drive, P.O. Box 5469 

Santa Fe, New Mexico 87502-5469 

Telephone (505) 827-2855 

www.nmenv.state.nm.us 

12 NOV -2 PM s: 

U.S. Environmental Protection Agency, Region VI (6-RA) 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Subject: Proposed revision to the State Implementation Plan for Air Quality 

by amending 20.11.47 NMAC, Emissions Inventory Requirements 

Dear Mr. Curry, 

I am writing on behalf of Governor Susana Martinez to request approval of the attached 

documentation which will serve as the basis for a revision to the New Mexico State 

Implementation Plan for air quality (SIP). Specifically, I am submitting documentation for the 

proposed amendments to the regulation, 20.11.4 7 NMAC, Emissions Inventory Requirements, 

which applies solely to Bernalillo County, New Mexico. 

The Albuquerque - Bernalillo County Air Quality Control Board (Air Board) adopted these 

amendments at their regular monthly meeting following a public hearing held on October 10, 

2012. The public hearing was held in accordance with the public notice and State laws and 

constitution and the public hearing requirements of 40 CFR 51.102. To facilitate your review, 

two hard copies of this SIP submittal, along with three exact duplicates in electronic form are 

enclosed. I believe that the submitted materials provide adequate documentation to support the 

requested SIP revision. 

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

I) 

2) 

3) 

4) 

5) 

SIP Completeness Checklist pursuant to 40 CFR 51; 

Hearing record, including transcript and exhibits; 

Comments and responses; 

The proposed SIP revision for 20.11.47 NMAC, Emissions 

Inventory Requirements, adopted by the Air Board; and 

Other supporting documentation. 
Your favorable consideration of this request is appreciated. If you have any questions, please 

contact Mary Lou Leonard, Director of the Albuquerque Environmental Health Department 

(EHD), at (505) 768-2631. 

Sincerely, 

Dave Martin 

Secretary, New Mexico Environment Department 

cc: 

Enclosures 

Honorable Susana Martinez, Governor, State of New Mexico 

Richard Goodyear, Chief, Air Quality Bureau, NMED 

Mary Rose, Acting Director, Environmental Protection Division, NMED 

Dr. Dona Upson, Chair, Albuquerque- Bernalillo County Air Quality Control 

Board 

Mary Lou Leonard, Director, Albuquerque Environmental Health Department 

Bill W estrnoreland, Deputy Director, Albuquerque EHD 

Margaret Nieto, Control Strategies Section Supervisor, Air Quality Division, EHD 

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SUBMITTAL LETTER FROM EHD DIRECTOR TO 

GOVERNOR'S DESIGNEE 
CITY OF ALBUQYERQYE 

POBox 1293 

Albuquerque 

NM 87103 

www.cabq.gov 

October 12, 2012 

F. David Martin 

Cabinet Secretary, NM Environment Department 

Office of the Secretary 

Harold Runnels Building 

1190 Saint Francis Dr., PO Box 5469 

Santa Fe, New Mexico 87502-5469 

SUBJECT: Endorsement of request for the U.S. Environmental Protection 

Agency (EPA) to consider a revision to the New Mexico State 

Implementation Plan (SIP) for Air Quality by amending 

20.11.47 NMAC, Emissions Inventory Requirements 

Dear Secretary Martin, 

I am writing to request your endorsement of the attached draft ttansmittal 

letter to the EPA requesting approval of the recendy amended regulation 20.11.47 

NMAC, Emissions Inventory Requirements, and incorporation as a revision to the SIP on 

behalf of the Albuquerque - Bernalillo County air authority. 

This amendment was adopted pursuant to Tide I of the Clean Air Act 

Amendments of 1990, by the Albuquerque- Bernalillo County Air Quality Control 

Board (Air Board) at its regular monthly meeting following a public hearing ~eld on 

October 10, 2012. The public hearing was held in accordance with the public notice 

and State laws and constitution and the public hearing requirements of 40 CFR 

51.102. The following materials are attached for your review (on CD) and will be 

provided to EPA as adequate documentation to support the requested SIP revision: 

1) SIP Completeness Checklist pursuant to 40 CFR 51, Appendix V; 

2) Hearing record, including transcripts and exhibits; 

3) Public comments and responses; 

4) The final SIP revision for 20.11.47 NMAC, 

AIIH/querque- Afahl1g Htflory 1706-2006 
Emissions Inventory Rcquit~mcnts adopted by the All: Board; and 

5) Other supporting documentation. 

My request directly to you is following Governor Martinez's May 25, 2012 designation 

of signature authority to you on these matters. Once the transmittal letter is signed, 

if you would please provide me with the original, the Albuquerque Environmental 

Health Department will then forward all documents to EPA. Thank you for your 

assistance in this matter. If you have questions or need clarification, please contact 

me or Margaret Nieto of my staff at (505) 768-2637. 

""~=~. X ~~'-'"' Dtre~;Cru 

Albuquerque Environmental Health Department 

cc: Honorable Susana Martinez, Governor, State of New Mexico 

Richard Goodyear, Acting Chief, All: Quality Bureau, 

NM Environment Department 

Mary Rose, Acting Manager, Environmental Protection Division, NMED 

Bill Grantham, Assistant General Counsel, NMED 

Dr. Dona Upson, Chair, 

Albuquerque - Bernalillo County All: Quality Control Board 

Bill Westmoreland, Deputy Director, Albuquerque EHD 

Margaret Nieto, Control Strategies Section Supervisor, 

All: Quality Division, EHD 

Enclosures 

2 
 1

REVISION TO THE NEW MEXICO STATE IMPLEMENTATION PLAN PERTAINING TO 

20.11.47 NMAC, EMISSIONS INVENTORY REQUIREMENTS

October, 2012 

SIP COMPLETENESS CHECKLIST 

For regular processing 

(per 40 CFR 51 Appendix V) 

2.1 Administrative Materials 

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

approval of the plan or revision thereof (hereafter “the plan”). 

 __X__YES ___NO ___N/A 

The package is being sent with a formal submittal letter from the designee 

of Governor of New Mexico. 

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

regulations; or issued the permit, order, consent agreement (hereafter 

“document”) in final form. That evidence shall include the date of adoption or 

final issuance as well as the effective date of the plan, if different from the 

adoption/issuance date. 

 __X__YES ___NO ___N/A 

The SIP revision to incorporate amendments to 20.11.47 NMAC, 

Emissions Inventory Requirements, was adopted on October 10, 2012 at the 

regular meeting of the Albuquerque - Bernalillo County Air Quality Control 

Board, following a public hearing held on the same night. The regulation was 

filed with the New Mexico State Records Center on October 12, 2012, and 

became effective November 12, 2012. Attachment A contains a copy of the 

amended rule as filed with the NMSRC, as well as a copy of the NMAC 

Transmittal Form required for rulemaking, and signed by the AQCB Chair, Dr. 

Dona Upson. The date stamp at the top of the page indicates the date of filing. 

 

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

and implement the plan. 

 __X__YES ___NO ___N/A 

The New Mexico Air Quality Control Act provides for regulation at 74-2-

5.1 NMSA 1978, Duties And Powers Of The Department And The Local 
 2

Agency; and for plan revisions at 74-2-5.2 NMSA 1978, State Air 

Pollution Control Agency; Specific Duties And Powers Of The 

Department.

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

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

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

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

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

of the regulation/document shall, whenever possible, be indicated in the document 

itself. 

 __X__YES ___NO ___N/A 

Attachment A contains a copy of the regulation and transmittal filed at the 

State Records Center and the date of filing is indicated by the date stamp 

at the top of the page. The changes made to the existing approved 

regulation/plan were published on October 30, 2012 in the New Mexico 

Register, Volume XXIII, Number 20, as shown in Attachment B.

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

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

plan. 

 __X__YES ___NO ___N/A 

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

See AQD Exhibits # 2a and 2b in Attachment C for evidence that notices 

were published in the local newspaper and the New Mexico Register. 

20.11.82 NMAC requires that a Petition for Hearing be filed as well as an 

NOI. These are both shown in Attachment C.

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

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

 __X__YES ___NO ___N/A 

See AQD Exhibits # 2a & 2b in Attachment C as evidence that notices 

were published in the local newspaper and the New Mexico Register. In 

addition, notice was also provided in the form of an e-mail sent to the air 

quality announce listserve, shown as AQD Exhibit # 2c. The New Mexico 

Air Quality Control Act at 74-2-6C NMSA 1978, Adoption of regulations; 

notice and hearings requires a 30-day notice.

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

provided in the public notice and the State's laws and constitution, if applicable. 
 3

 __X__YES ___NO ___N/A 

The opening statement for the October 10, 2012, public hearing includes 

information on the notice of public hearing and instructions on how the 

hearing will be conducted. See certified hearing record transcript in 

Attachment D. 

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

 __X__YES ___NO ___N/A 

See AQD Exhibits #4 and #5 in Attachment C for public comments and 

State’s response thereto. 

2.2 Technical Support 

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

 __X__YES ___NO ___N/A 

This regulation applies to all regulated pollutants. 

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

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

for the affected area(s). 

 __x__YES ___NO ___N/A 

All affected sources are located within Bernalillo County. Bernalillo 

County is currently designated as an attainment area for carbon monoxide 

under a limited maintenance plan. The designation from non-attainment 

to attainment under a maintenance plan, was approved for Bernalillo 

County on June 13, 1996 and became effective July 15, 1996. The 

maintenance plan was revised and was approved in the Federal Register 

on May 24, 2000. The Albuquerque - Bernalillo County Air Quality 

Control Board adopted a Limited Maintenance Plan for Carbon Monoxide 

on July 14, 2004, which was approved in the Federal Register on 7/21/05 

effective 8/22/05.

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

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

where appropriate, quantification of changes in actual emissions from affected 

sources through calculations of the differences between certain baseline levels and 

allowable emissions anticipated as a result of the revision. 
 4

 ____YES ___NO __X__N/A 

 This plan revision does not change plan-allowable emissions. 

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

prevention of significant deterioration increments, reasonable further progress 

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

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

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

revision must be submitted to provide for the maintenance of the national primary 

ambient air quality standards for at least 10 years as required by section 175A of 

the Act. 

 __ X _YES ___NO __ __N/A 

Amended rule does not negatively affect NAAQS, PSD increments, RFP 

demonstration, or visibility. 

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

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

monitoring data used, meteorological data used, justification for use of offsite 

data (where used), modes of models used, assumptions, and other information 

relevant to the determination of adequacy of the modeling analysis. 

 __ YES ___ NO __X_ N/A 

 

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

emission reduction technology. 

 ___ YES ___ NO _X_ N/A 

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

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

levels. 

 _ X _ YES ___ NO __ _ N/A 

See 20.11.47 NMAC, shown in Attachment A 

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

in practice. 
 5

 __ YES ___ NO __X_ N/A 

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

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

 ___ YES ___ NO _X_ N/A
ATTACHMENT A 

Attachment A contains the transmittal form required by the New Mexico 

State Records Center to file a regulation or an amendment. The form is 

signed by AQCB Chair Dr. Dona Upson. Also included in Attachment A 

is the official filed copy of the amended regulation. The date stamp at the 

top of the transmittal form indicates the date of filing. 
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NMACTRAN5MnTALFORM 

1.24.10 NMAC 

1. Issuing Agency . · 

Albuquerque-Bernalillo County Air Quality Control Board 

3. Agency Add..,.., . . . ' .. c/o Environmental Health Department, Air Quality Division 

P.O. Box 1293, One Civic Plaza NW 

Albuquerque, NM 87103 

4. ~PerHft·· .. · .. . \ •. ,_ ,,· . .. ; ,._, . 

Name Neal Butt Phone# (505) 768-2660 

E-mail l!bYtl;~s;;Jbg.g2lf . 

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20 111 147 

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Title Chapter Part 

Environmental Protection Albuquerque-Bernalillo County Air Emissions Inventory Requirements 

I Oualitv Control Board 

11. · ..... ·. ...... ..· .. .. .. · 

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I four 'NMAC, 16, 7, 14 

and 15 

113 Most recent tiling date (lfa,.lcable) 

10/16/09 

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Reference 1 Internet site 

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16 Legal cltatlon(s) that al-the Iuulng Agency to. regulate and the Issuing Authority to promulgate ·. · 

I regulations on this su de all that aPDivl; ·. New Mexico Air Quality Control Act, NM5A 1978 Section 74-2-4, 74-2-S.C, the Joint Air Quality Control Board 

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

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

17 Signature a Title of Iuulng Authority (Delegated authority must be on file) 

Name: Dona U~!.!!!n, MD Check If delegated 

authority OJ 

Title: Board Chair 

lu \\"'\. ( 

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Signature i\ Oat 51 a ned 

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2QIZCCT 12 .·::11: 15 

This is an amendment to 20.11.47 NMAC, Sections 6, 7, 14 and 15, effective 11112/12. 

20.11.47.6 OBJECTIVE: [TRe eejestive ef2g_(l.17 NMAC is] To establish requirements [OOIR] for 

[s1:1:bmitting inventeries afair eentaminants] the submission of certain relevant information to ensure that the 

regulations and standards under the Air Quality Control Act and the federal act will not be violated [ana te re~uire 

SUBmissian afsata te ~uanti~· greenhaUS8 gas emissians in 8ernalilla saunl) ]. 

[20.11.47.6 NMAC- N, 511108; A, 11/12/12] 

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

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

govern. 

A. '"Actual emissions" means the quantified emissions of a regulated air [eentaminant] pollutant 

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

shall be preferentially used to determine actual emissions. In the absence of valid continuous emissions monitoring 

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

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

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

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

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

assumptions. 

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

thereof the operation of which would limit, capture, reduce, confine, or otherwise control [air sontaminants] 

regulated air pollutants or convert for the purposes of control any (air oontaminant] regulated air pollutant to another 

form, another chemical or another physical state. 

C. I"Colil"ernio eliHiote oetion Fegislf1'" means the ·;el~ntary registry fer greenhause gas emissions 

estaelishesp~rsuant ta Calil"ernial-lealth ana Safe!)• Case Q. 26, Pt. 4, Ch. 6. as amen8e8.] Reserved 

D. !"Carbon dioxide" means the ehemieal eampau.nei eentaining ene atam af eafben anei twa atems 

af ol!ygen.] Reserved 

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

continuous program of construction or modification. 

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

including temporary installations and portable stationary sources. 

G. "Emissions report" or "emissions inventory" means a listing, by source, of the amount of[aif 

OOHtaminantS ana greenhouse gas emissiansj regulated air pollutants discharged into the atmosphere. 

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

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

chimney, vent, or other functionally-equivalent opening. 

J. !'~Greenhouse gas" means any efthe fal1e\; iRg: eBfban eiiaJdele, methane, nitfet:ts eJdeie, 

h)·8ralluoreoareons, perlluoroearllons er sulfur heJ<alluorise.] Reserved 

K. ~~~Greenhouse gas eiRissions repor-ting year" means the ealenEIBf yeBf in whisk gFeenke~::~se gas 

emissiens re~uire8 to ee repartee unser 1 Q.JI.4 7 ~!MAC oeeurre8.] Reserved 

L. I"HydroAuoroearbons" meaRs gasee~::~s eRemieal eempe~::~nels eentainiHg enly kyEIFegen, eaFBen, 

anslluorine atoms.] Reserved 

M. I'~Metltane" means the ekemieal eempe~::~n8 eentaining ene atem af ew:Ben anei feu.F at ems ef 

hysrogen.] Reserved 

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

stationary source that results in an increase in the potential emission rate of any regulated air [sontaminant] pollutant 

emitted by the source or that results in the emission of any regulated air [ sontaminant] pollutant not previously 

emitted, but does not include: 

(I) a change in ownership of the source; 

(2) routine maintenance, repair or replacement; 

(3) installation of air pollution control equipment, and all related process equipment and materials 

necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or 

pursuant to the federal Clean Air Act; or 

( 4) unless previously limited by enforceable permit conditions: 

20.11.47 NMAC 
(a) an increase in the production rate, if the increase does not exceed the operating design 

capacity of the source; 

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

(c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable 

of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by a natural gas 

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

0. !""Nitrous oxide" means the ehemieal eempeunEI eentaining twe atems ef nifregen and ene atem 

ef ellygeR.] Reserved 

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

a nonattainment area under Section I 07 of the federal act. 

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

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

S. I"'PerAuoroearlJons" means gaseeus ehemieal eempeunEls sentaining only eaFBen and f:lueFine 

atems.] Reserved 

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

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

asphalt plants. 

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

regulated air [<eRtamiRaRI] pollutant under its physical and operational design, provided a physical or operational 

limitation on the capacity of the source to emit a regulated air [eeRtamiRaRt] pollutant, including air pollution 

control equipment and restrictions on hours of operation or on the type or amount of material com busted, stored or 

processed, shall be treated as part of its physical and operational design only if the limitation or the effect it would 

have on emissions is enforceable by the department pursuant to the Air Quality Control Act or the federal act. 

V. ""Potential to emit" means the maximum capacity of a stationary source to emit [aH--aif 

eeRtamiRaRt] a regulated air pollutant under its physical and operational design, except that a physical or operational 

limitation on the capacity of a source to emit [BR air eeRtamiRaRt] a regulated air pollutant, including air pollution 

control equipment and restrictions on hours of operation or on the type or amount of material com busted, stored. or 

processed, shall be treated as part of its design if the limitation is federally enforceable; however, the potential to 

emit for nitrogen dioxide shall be based on total oxides of nitrogen. 

W. !"'Regulated air eontaminant"means an aiF eentaminant, the emission OF ambient eeneentFatien 

efv.hieh is regulateElf!ursuaRt te the ~lev. Melliee Air Quality CeRtrel Aet er the feaeral aet.]"Regulated air 

pollutantfl means the following: 

Ill any pollutant for which a national, state. or local ambient air guality standard has been 

promulgated; 

12) any pollutant that is subject to any standard promulgated under Section Ill of the federal act; 

(3) any Class I or II substance subject to any standard promulgated under or established by Title VI 

of the federal act; or 

(4) any pollutant subject to a standard promulgated under Section 112 or any other reguirements 

established under Section 112 of the federal act: but 

(5) excluding greenhouse gases as defined in Subsection CC of20.11.1.7 NMAC. 

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

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

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

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

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

(including temporary installations), operation or portable stationary source that emits or may emit [ll!Hli< 

eeRtamiRaRt] a regulated air pollutant; a research facility may group its sources for the purpose of20.11.47 NMAC 

with the prior written approval of the director of the department. 

AA. I"'SulfHr llexaAuoride" meaRs tRe ehemieal eempeuRel eentaining one atem efsulfuF anEI sin 

atems ef AueriRe.] Reserved 

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

CC. I"T~e eli mote regisl'1'fl meaRs the R9flf!Fefit seF)leratieR eRtitlee "the eli mate regis~~?,. that is 

ifleeFJleratea f!HFSuaRt te the Distriet efCelumeia fl9Rf!Fefit eeF)leratiefl aet fer the f!HFJl9Se efereatiRg BAS Bf!eratiflg 

a multi. state greeRHe\lse gas emissieRs regisfl),.] Reserved 

20.1 1.4 7 NMAC 2 
DD. '"Western backstop sulfur dioxide trading program" means 20.11.46 NMAC, if triggered as a 

backstop in accordance with the provisions of the section 309 regional ha:=e slate implementation plan e/ementfor 

A/huquerque-Bernalil/o county. New Mexico, to reduce regional sulfur dioxide emissions. 

(20.11.47.7 NMAC- N. 5/1/08; A. 11/12/12] 

20.11.47.14 EMISSIONS INVENTORY REQUIREMENTS: 

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

located within Bernalillo county that: 

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

NMAC, Operating Permits; or 

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

B. Reporting requirements: 

(I) A source that meets requirements under Paragraph (I) of Subsection A of20.11.47.14 NMAC 

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

than annually. 

(2) A source that meets requirements under Paragraph (2) of Subsection A of20.11.47.14 NMAC 

shall submit an emissions report if required by the department. A source is not required to submit an emissions 

report more frequently than annually. 

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

report when requested in writing by the owner or operator. 

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

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

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

(5) Except as provided in Paragraph ( 6) of Subsection B of 20.1 1.4 7.14 NMAC, if the owner or 

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

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

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

the report on the specified date. 

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

20.11.47.14 NMAC shall include: 

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

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

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

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

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

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

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

shall be made as required by 20.11.42 NMAC; 

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

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

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

(c) schedule of operation; 

(d) annual process or fuel combustion rates; 

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

(f) actual emissions estimate in pounds per year of total suspended particulate, PM 10, PM2.5, 

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

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

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

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

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

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

Requirements, as amended. 

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

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

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

information: 

20.11.47NMAC 3 
(I) typical daily process rate during the peak ozone season, where the peak ozone season is specified 

by the department; 

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

for a typical day during the peak ozone season for: 

(a) each emissions point; and 

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

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

requirements of Paragraph (5) of Subsection C of20.11.47.14 NMAC for emissions that the department determines 

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

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

nonattainment; and 

(2) emissions reporting required by the federal act. 

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

complying with the requirements of Subsections A through E of 20. 11.4 7.14 N MAC, an owner may be subject to 

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

Program. 

[20.11.47.14 NMAC- N, 511/08; A, 11116/09; A, 11/12/12] 

20.11.47.15 !GREENHOUSE CAS EMISSIONS INVENTORY REQUIREMENTS• 

A, Applieability, 2Q.I I. 4 7.1 § ~I MAC applies to tile evmer or eperater of every stationary seuroe, 

leoatee within Bemalille oeunty Ina! emits a greenl!euse ga5 as eef.inee in Subseotien J ef2Q.Il .47.7 ~I MAC ana: 

(I) has "" aotive jlermit issues jlHrsuaHtle 2Q.II.41 ~I MAC, A uthe>i~· ta Cer151i'uel, er 2Q.II.42 

NMAC, Ojleraling Permits; or 

(l) is re~uiree te f-ile a seuroe registratien pursuantte 2Q.ll AQ ~I MAC, $eu1 <'e Regi5t>atien. 

8. RepeFting re~uirements, 

(I) Any staliaHaf1' souree subjeet le 20,\1.47.\S NMAC, if reljHesled by the department, sl!alh 

(a) submit a greenl!euse gas emissions iR\'eRter; B)' tile aeaeline """ .. FeEJuired B)' tile 

greenhouse gas emissions repeFting preeedures establisl!ea by tile eepaFirlleHI, but net mere often !l!an annually; or 

(b) repBFI greenhouse gas emissions from tile stationary seuree in aeoeraaRee "ill! 2Q.ll . 18 

NMAC; er 

(e) pre\'iee IRe aepaFirlleRI will! aeeess IB the re~uestea infermatien fer IRe greenl!euse gas 

emissions repeFting year registerea in either !l!e elimate regislr) er tile Califemia elimate aetieR regislr)'. 

(2) V.'l!en tile eepaFirllent aetermines IRe aeaalilleS fer submitting greenl!euse g .. emissiBllS repBFIS 

aRe repBFiiHg preeeaures, the eepaFirllent snail prBYiEle 91l BppBFIHRil:> fer publie eemmeRI, ana snail 681lSieer: 

(a) publio eemments regareing tile sel!eeule eftl!e reports ana greenhouse gas emissions 

reporting p••••e~res; 

(b) emissions ~uantif.ieatien staneares Ollel best praetiees apprB'ree or reeemmenaee by feeeral 

~me state ageReies, By gveenRe\ise gas emissieHs registr:,es, aRS by RBH ge·o emmeflta\ baBies AaviAg enJJBFtise in 

greenReuse gas emissians eruantifisatien; 

(e) v.RetRer, eansiEiering the ameunt anB eRemieal eeFHpesitieR eftfle emissieAs, greeRheHse 

gas emissiens H-em a paFtieular seuree er sewree type are eM:peeteEI te be insignifieant relative te emissiens frem 

ether sat::trees er sauree t)'J3BS; aREI 

(d) wl!etl!er, eensieering the amount ana ol!emieal oempesitien of the emissiens, emissien& efa 

paFtie1:1lar gFBBRhaYse gas fram a se~:~ree er seuree ~"138 aFe eJCpeeteEI te be iflsignif-isaAt relath·e te the tetal 

greenhe1:1se gas emissieA:s frem that seuree er se1:1ree t:)13e. 

C. Content of greenhouse gas eRiissions repoA:s. If a greenhe1:1se gas emissions repeFt is FBE:tUireel 

B) ~ub)laragrapl! (a) of Paragraph (I) efSubseetien B efJQ.II.17.1§ ~IMI\C, tl!en tile report snail eentain tile same 

infermatien ··~~ired B) Paragraphs (1) threugl! (4) efSubsestien C ef2Q.II.47.14 NMI\C as v.ell as the fellewiHg 

infermatien: fer eael! emission paint, .. re~Hirea by tile eejlartmeHI ~HEier tile greeRI!euse ga5 emissiens reperti11g 

f3FBeeeil:lfes ar e~her me~heEielegies anel praeeEil:lfes appre\ eEi By the Eiepaffi:Ren~ in aEivanse anel in 'NFi~ing, ~he ae~ual 

emissiefls estima~e efgFeeHhel:lse gases in pe1:1neis per year, iHeluEiing fugitive emissions anel emissions eeeurriflg 

<luring maintenanee, stal'l ups, sl!llleewns, H)lsets aRe eewntime.] Reserved 

[20.11.47.15 NMAC- N, 5/1108; A, 11/16/09; Repealed, 11/12112] 

20.11.47 NMAC 4 
ATTACHMENTB 

Attachment B is a copy of the amended regulation indicating the changes made to the 

existing approved regulation/plan, as published in the New Mexico Register on October 

30, 2012, Volume XXJJL Number 20. 
New Mexico Register / Volume XXIII, Number 20 / October 30, 2012

20.11.47 NMAC 1

This is an amendment to 20.11.47 NMAC, Sections 6, 7, 14 and 15, effective 11/12/12. 

20.11.47.6 OBJECTIVE: [The objective of 20.11.47 NMAC is] To establish requirements [both] for 

[submitting inventories of air contaminants] the submission of certain relevant information to ensure that the 

regulations and standards under the Air Quality Control Act and the federal act will not be violated [and to require 

submission of data to quantify greenhouse gas emissions in Bernalillo county]. 

[20.11.47.6 NMAC - N, 5/1/08; A, 11/12/12] 

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

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

govern.

A. “Actual emissions” means the quantified emissions of a regulated air [contaminant] pollutant

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

shall be preferentially used to determine actual emissions. In the absence of valid continuous emissions monitoring 

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

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

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

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

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

assumptions.

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

thereof the operation of which would limit, capture, reduce, confine, or otherwise control [air contaminants] 

regulated air pollutants or convert for the purposes of control any [air contaminant] regulated air pollutant to another 

form, another chemical or another physical state.

C. [“California climate action registry” means the voluntary registry for greenhouse gas emissions 

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

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

of oxygen.] Reserved

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

continuous program of construction or modification.

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

including temporary installations and portable stationary sources.

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

contaminants and greenhouse gas emissions] regulated air pollutants discharged into the atmosphere.

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

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

chimney, vent, or other functionally-equivalent opening.

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

hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride.] Reserved

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

emissions required to be reported under 20.11.47 NMAC occurred.] Reserved

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

and fluorine atoms.] Reserved

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

hydrogen.] Reserved

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

stationary source that results in an increase in the potential emission rate of any regulated air [contaminant] pollutant

emitted by the source or that results in the emission of any regulated air [contaminant] pollutant not previously 

emitted, but does not include:

 (1) a change in ownership of the source;

 (2) routine maintenance, repair or replacement;

 (3) installation of air pollution control equipment, and all related process equipment and materials 

necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or 

pursuant to the federal Clean Air Act; or

 (4) unless previously limited by enforceable permit conditions:
New Mexico Register / Volume XXIII, Number 20 / October 30, 2012

20.11.47 NMAC 2

 (a) an increase in the production rate, if the increase does not exceed the operating design 

capacity of the source;

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

 (c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable 

of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by a natural gas 

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

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

of oxygen.] Reserved

P. “Nonattainment area” means, for any regulated air pollutant, an area that has been designated as 

a nonattainment area under Section 107 of the federal act.

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

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

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

atoms.] Reserved

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

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

asphalt plants.

U. “Potential emission rate” means the emission rate of a source at its maximum capacity to emit a 

regulated air [contaminant] pollutant under its physical and operational design, provided a physical or operational 

limitation on the capacity of the source to emit a regulated air [contaminant] pollutant, including air pollution 

control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or 

processed, shall be treated as part of its physical and operational design only if the limitation or the effect it would 

have on emissions is enforceable by the department pursuant to the Air Quality Control Act or the federal act.

V. “Potential to emit” means the maximum capacity of a stationary source to emit [an air 

contaminant] a regulated air pollutant under its physical and operational design, except that a physical or operational 

limitation on the capacity of a source to emit [an air contaminant] a regulated air pollutant, including air pollution 

control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or 

processed, shall be treated as part of its design if the limitation is federally enforceable; however, the potential to 

emit for nitrogen dioxide shall be based on total oxides of nitrogen.

W. [“Regulated air contaminant”means an air contaminant, the emission or ambient concentration 

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

pollutant” means the following:

 (1) any pollutant for which a national, state, or local ambient air quality standard has been 

promulgated;

 (2) any pollutant that is subject to any standard promulgated under Section 111 of the federal act;

 (3) any Class I or II substance subject to any standard promulgated under or established by Title VI 

of the federal act; or

 (4) any pollutant subject to a standard promulgated under Section 112 or any other requirements 

established under Section 112 of the federal act; but

 (5) excluding greenhouse gases as defined in Subsection CC of 20.11.1.7 NMAC.

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

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

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

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

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

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

contaminant] a regulated air pollutant; a research facility may group its sources for the purpose of 20.11.47 NMAC 

with the prior written approval of the director of the department.

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

atoms of fluorine.] Reserved

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

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

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

a multi-state greenhouse gas emissions registry.] Reserved
New Mexico Register / Volume XXIII, Number 20 / October 30, 2012

20.11.47 NMAC 3

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

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

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

[20.11.47.7 NMAC - N, 5/1/08; A, 11/12/12] 

20.11.47.14 EMISSIONS INVENTORY REQUIREMENTS:

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

located within Bernalillo county that:

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

NMAC, Operating Permits; or

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

B. Reporting requirements:

 (1) A source that meets requirements under Paragraph (1) of Subsection A of 20.11.47.14 NMAC 

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

than annually.

 (2) A source that meets requirements under Paragraph (2) of Subsection A of 20.11.47.14 NMAC 

shall submit an emissions report if required by the department. A source is not required to submit an emissions 

report more frequently than annually.

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

report when requested in writing by the owner or operator.

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

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

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

 (5) Except as provided in Paragraph (6) of Subsection B of 20.11.47.14 NMAC, if the owner or 

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

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

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

the report on the specified date.

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

20.11.47.14 NMAC shall include:

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

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

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

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

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

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

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

shall be made as required by 20.11.42 NMAC;

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

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

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

 (c) schedule of operation;

 (d) annual process or fuel combustion rates;

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

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

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

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

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

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

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

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

Requirements, as amended.

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

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

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

information:
New Mexico Register / Volume XXIII, Number 20 / October 30, 2012

20.11.47 NMAC 4

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

by the department;

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

for a typical day during the peak ozone season for:

 (a) each emissions point; and

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

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

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

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

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

nonattainment; and

 (2) emissions reporting required by the federal act.

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

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

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

Program.

[20.11.47.14 NMAC - N, 5/1/08; A, 11/16/09; A, 11/12/12] 

20.11.47.15 [GREENHOUSE GAS EMISSIONS INVENTORY REQUIREMENTS:

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

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

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

NMAC, Operating Permits; or

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

B. Reporting requirements.

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

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

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

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

NMAC; or

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

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

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

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

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

reporting procedures;

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

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

greenhouse gas emissions quantification;

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

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

other sources or source types; and

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

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

greenhouse gas emissions from that source or source type.

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

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

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

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

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

emissions estimate of greenhouse gases in pounds per year, including fugitive emissions and emissions occurring 

during maintenance, start-ups, shutdowns, upsets and downtime.] Reserved

[20.11.47.15 NMAC - N, 5/1/08; A, 11/16/09; Repealed, 11/12/12] 
ATTACHMENT C 

Attachment Cis a copy of the Notice of intent to testifY, including exhibits, filed on September 25, 2012 
~ •• f' ~· I !I • n : . ' 

BEFORE THE ALBUQUERQUE-BERNALILLO COUNTY i . , , .. ,; __ ,,JltL i·.~~;\LTH 

AIR QUALITY CONTROL BOARD 

IN THE MATTER OF THE PETITION TO AMEND 20.11.47 NMAC, EMISSIONS 

INVENTORY REQUIREMENTS, INCORPORATE SAID AMENDMENTS INTO THE 

NEW MEXICO STATE IMPLEMENTATION PLAN FOR AIR QUALITY (SIP) AND 

REPEAL 20.11.48 NMAC, GREENHOUSE GAS EMISSIONS REPORTING 

Air Quality Division, 

Environmental Health Department, 

City of Albuquerque, Petitioner 

AQCB Petition No. 2012-5 

CITY OF ALBUQUERQUE'S NOTICE OF INTENT TO PRESENT TECHNICAL 

TESTIMONY 

Pursuant to 20.11.82 NMAC, Rulemaking Procedures- Air Quality Control Board, the 

City of Albuquerque Environmental Health Department, Air Quality Division ("the Division") 

hereby submits its Notice of Intent to present technical testimony (NO!) in this proceeding. 

1. The person for whom the witness wiU testify. 

City of Albuquerque Environmental Health Department, Air Quality Division 

2. The name and qualifications of each technical witness. 

Neal T. Butt. Environmental Health Scientist, Control Strategies Section, Air Quality 

Division. M.S. Biology (Wildlife Biology), University of North Dakota; B.S. Biology 

(Zoology), University of New Mexico; B.A. Environmental Planning & Design, UNM; A.A.S. 

Criminal Justice, Central New Mexico Community College; A.A.S. Environmental Protection 

Technology, CNM; WERC Waste Management Certificate, UNM Chemical & Nuclear 

Engineering Department. Employed by the City of Albuquerque's Environmental Health 

Department for 15 + years; the last 11 of which have been in the Air Quality Division. Chief 

Notice of Intent Page 1 of 7 
responsibility is the promulgation of air quality regulations for implementation within the County 

of Bernalillo. 

Isreal Tavarez. Environmental Health Manager, Permitting Section, Air Quality 

Division. M.S. Chemical Engineering, New Mexico State University; B.S. Chemical 

Engineering, NMSU. Registered Professional Engineer (New Mexico). Employed by the City 

of Albuquerque's Environmental Health Department, Air Quality Division for 16 +years. 

Previously employed by the State of New Mexico, Air Quality Bureau (1994-1996). 

Dario Rocha. Supervisor, Permitting and Technical Analysis Section, Air Quality 

Division. B.S. Mechanical Engineering, New Mexico State l)niversity. Employed by the City 

of Albuquerque's Environmental Health Department, Air Quality Division for 11 +years. 

Previously employed by the State of New Mexico, Air Quality Bureau (1997-2000). Chief 

responsibility is to supervise Permitting and Technical Analysis Section. 

3. Summarv and Estimated Duration of Testimony 

Mr. Butt's written testimony is attached as AQD Exhibit# 3. Mr. Butt will testify that 

this revision to the SIP should be approved. As grounds, Petitioner states the following: 

1. The Air Board adopted 20.11.47 NMAC, Emissions Inventory Requirements, on 

March 12, 2008, which became effective on May 1, 2008. This new rule was adopted to 

facilitate the efficient collection and reporting of emissions inventory (EI) data froin sources 

within Bernalillo County. These inventories are required by 40 CFR 51 Subpart A, entitled 

Emissions Inventory Reporting Requirements, as well as the consolidated emissions rule (CER). 

Before this rule the Division collected this data under the aegis of the individual source's permit 

Notice of Intent Page 2 of7 
or through data requests. This rule standardized the methodology and format for EI reporting. 

This rule also provided baseline data for specific air pollutants for specific area and source 

categories in order to analyze the conditions in our air shed. This information provides a basis 

for planning of future regulations and policies. This rule also provided consistency in EI 

reporting for sources in Bernalillo County and the rest of the state by mirroring provisions found 

in the State's rule 20.2.87 NMAC, GHG Emissions Reporting. 

2. The Air Board adopted 20.11.48 NMAC, Greenhouse Gas Emissions Reporting, on 

November 29,2007, which became effective on January I, 2008. The purpose of20.11.48 

NMAC was to provide a mechanism for measuring and reporting emissions of GHGs, thereby 

facilitating the collection of information that could provide a basis for policy decisions; enhance 

the County-wide GHG EI first compiled in 2005; and prepare GHG-emitting facilities for 

participating in a market-based emissions reduction program. 20.11.48 NMAC currently 

requires owners and operators of three categories of stationary facilities within Bernalillo County 

to submit annual GHG emissions reports to the Division. These categories are: 

(a) electrical generating facilities with nameplate capacity to generate equal to or 

greater than 25 megawatts of electricity (presently only two facilities in Bernalillo County are in 

this category: the Public Service Company of New Mexico and Delta Power); 

(b) petroleum refining facilities with the industry classification code specified in 

20.11.48 NMAC (however no such oil and gas production facility operates in Bernalillo County, 

and no such petroleum refining facility is expected to ever operate within Bernalillo County); 

and 

Notice oflntent Page 3 of 7 
(c) cement manufacturing facilities that meet the requirements of 20.11.48 NMAC 

(which applies only to one facility in Bernalillo County: the GCC Rio Grande Portland cement 

facility located in Tijeras Canyon). [20.11.48.200.A NMAC]. 

3. In the interim since these two rules were adopted, there have been two dramatic 

changes in the area ofGHG EI reporting. First on October 30,2009, the EPA promulgated their 

'Mandatory Reporting ofGHG Final Rule' [Federal Register Vol. 74, NO. 209, 56260-56519], 

effective December 29, 2009, codified at 40 CFR 98, entitled Mandatory GHG Reporting. This 

rule encompasses all of the GHG EI reporting requirements of 20.11.48 NMAC, as well as the 

reporting requirements for GHGs in 20.11.47 NMAC; thereby causing sources to report to both 

the Division and EPA, with two different reports resulting in duplicative efforts and places an 

unnecessary burden on the sources. Secondly, the New Mexico Environmental Improvement 

Board (EIB) has repealed their rules addressing GHGs, specifically 20.2.300 NMAC, Reporting 

of Greenhouse Gas Emissions (a/k/a 20.2.87 NMAC, GHG Emissions Reporting), upon which 

20.11.48 NMAC was modeled. The Air Act requires the City of Albuquerque and the County of 

Bernalillo to enact enabling ordinances that provide for local Air Board regulations that are as 

"stringent as" the regulations adopted by the EIB [NMSA 74-2-4.C]. Since the EIB has repealed 

its' GHG program, there are no longer any EIB rules addressing GHG EI reporting that the Air 

Board must be as 'stringent as'. Therefore, the Divisions is proposing to remove all provisions 

requiring local GHG emissions reporting [i.e. 20.11.47.15 NMAC] including concomitant 

definitions regarding GHGs from 20.11.47.7 NMAC, as well as repealing 20.11.48 NMAC in its 

entirety. 

Notice oflntent Page 4 of 7 
4. The use of the terms: "air contaminants" and "regulated air contaminant", are 

internally inconsistent within 20.11.47 NMAC, and so are proposed to be superseded by the term 

"regulated air pollutant" for clarity. 

4. Text of Recommended Revisions to the New Mexico State Implementation Plan 

The Division recommends adoption of the proposed amendments to 20.11.47 NMAC, 

Emissions Inventory Requirements as proposed in the Public Review Draft, shown as AQD 

Exhibit# I a, which is attached to the Petition to Amend, filed July 19, 2012; the incorporation of 

Said Amendments into the New Mexico State Implementation Plan For Air Quality (SIP) and the 

Repeal of 20.11.48 NMAC, Greenhouse Gas Emissions Reporting, shown as AQD Exhibit# I b. 

Mr. Butt's testimony is anticipated to take approximately 30 minutes. 

5. List and Description of Exhibits 

The Division has attached the following exhibits to this Notice oflntent: 

Exhibit Number 

AQD Exhibit I 

AQD Exhibit Ia 

AQD Exhibit I b 

Title of Exhibit 

Petition to Amend 20.11.47 NMAC, Emissions Inventory Requirements, 

Incorporate Said Amendments into the New Mexico State Implementation 

Plan For Air Quality (SIP) and Repeal 20.11.48 NMAC, Greenhouse Gas 

Emissions Reporting 

Public Review Draft 20.11.47 NMAC, Emissions Inventory Requirements 

{attached to AQD Exhibit I} 

Public Review Draft 20.11.48 NMAC, Greenhouse Gas Emissions 

Reporting {attached to AQD Exhibit I} 

Notice oflntent Page 5 of 7 
AQD Exhibits 2a!b/c Notice of Proposed Rulemaking: Albuquerque Journal, 8/12/12 {2a}; NM 

Register, 8/30/12 {2b}; and Air Quality Announce List Serve, 8/14/12 

{2c} 

AQD Exhibits 3 Direct Testimony 

AQD Exhibit 4 Comments Received: EPA 

6. Reservation of Rights 

This Notice of Intent to Present Technical Testimony is based on the Division's Petition. 

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

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

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

witness and to present any exhibit in support thereof. 

Notice oflntent Page 6 of 7 

Respectfully submitted, 

Neal Butt 

Environmental Health Scientist 

Air Quality Division 

Environmental Health Department 

One Civic Plaza, NW, Suite 3023 

Albuquerque, New Mexico 87103 

(505) 768-2660 
CERTIFICATION 

I hereby certify that on September 25,2012, an original and nine copies of this Notice of Intent 

to present technical testimony (NO!), with attached exhibits were delivered to the following 

person for filing. 

Elizabeth Jones 

Air Quality Control Board Liaison 

Air Quality Division 

Environmental Health Department 

One Civic Plaza, NW, Room 3023 

Albuquerque, New Mexico 87103 

And that on September 25,2012, a copy of this NO! with attached exhibits was sent to the 

Attorney for the Board, Bill Grantham, at the following e-mail address:· 

Bill.grantham@state.nm.us 

Notice of Intent Page 7 of 7 

N~ Environmental Health Scientist 

Air Quality Division 

Environmental Health Department 
~ AQD EXHIBIT 

I 1 

I F:fC:CEIV::.D 

ALBUQUERQUE-BERNALILLO COU~if'{JRON11ENTAL HE.\LTH 

AIR QUALITY CONTROL BOARD 1 2 Jut 1 9 P~l ~: I 9 

IN THE MATTER OF THE PETITION TO AMEND 20.11.47 NMAC, 

EMISSIONS INVENTORY REQUIREMENTS, INCORPORATE SAID 

AMENDMENTS INTO THE NEW MEXICO STATE IMPLEMENTATION PLAN 

FOR AIR QUALITY (SIP) AND REPEAL 20.11.48 NMAC, GREENHOUSE GAS 

EMISSIONS REPORTING 

Air Quality Division, 

Environmental Health Department, 

City of Albuquerque, Petitioner 

AQCB Petition No. 2012-5 

Petition to Amend 20.11.47 NMAC, Emissions Inventory Requirements, Incorporate 

Said Amendments into the New Mexico State Implementation Plan For Air Quality 

(SIP) and Repeal 20.11.48 NMAC, Greenhouse Gas Emissions Reporting 

The City of Albuquerque ("City"), by and through the Air Quality Division 

("Division") of the Environmental Health Department ("Department"), asks the 

Albuquerque-Bernalillo County Air Quality Control Board ("Air Board") to amend 

20.11.47 NMAC, Emissions Inventory Requirements, and submit said amendments to the 

U.S. Environmental Protection Agency ("EPA") as a revision to the SIP and Repeal 

20.11.48 NMAC, Greenhouse Gas Emissions Reporting. This Petition includes a request 

for a hearing on these matters and permission to provide a court reporter and hearing 

officer for the hearing. The New Mexico Air Quality Control Act ("Air Act"), NMSA 

1978, Sections 74-2-4 and 74-2-5.B(I) [1967 as amended through 2007] authorizes and 

requires the Air Board to adopt, amend, or replace air quality regulations and to adopt air 

quality plans (SIPs) under NMSA 1978, Section 74-2-5.B(2). 

I 
As grounds, Petitioner states the following: 

I. The Air Board adopted 20.11.47 NMAC, Emissions Inventory Requirements, 

on March 12,2008, which became effective on May 1, 2008. This new rule was adopted 

to facilitate the efficient collection and reporting of emissions inventory (EI) data from 

sources within Bernalillo County. These inventories are required by 40 CFR 51 Subpart 

A, entitled Emissions Inventory Reporting Requirements, as well as the consolidated 

emissions rule (CER). Before this rule the Division collected this data under the aegis of 

the individual source's permit or through data requests. This rule standardized the 

methodology and format for El reporting. This rule also provided baseline data for 

specific air pollutants for specific area and source categories in order to analyze the 

conditions in our air shed. This information provides a basis for planning of future 

regulations and policies. This rule also provided consistency in EI reporting for sources 

in Bernalillo County and the rest of the state by mirroring provisions found in the State's 

rule 20.2.87 NMAC, GHG Emissions Reporting. 

2. The Air Board adopted 20.11.48 NMAC, Greenhouse Gas Emissions 

Reporting, on November 29, 2007, which became effective on January 1, 2008. The 

purpose of 20.11.48 NMAC was to provide a mechanism for measuring and reporting 

emissions of GHGs, thereby facilitating the collection of information that could provide a 

basis for policy decisions; enhance the County-wide GHG EI first compiled in 2005; and 

prepare GHG-emitting facilities for participating in a market-based emissions reduction 

program. 20.11.48 NMAC currently requires owners and operators of three categories of 

2 
stationary facilities within Bernalillo County to submit annual GHG emissions reports to 

the Division. These categories are: 

(a) electrical generating facilities with nameplate capacity to generate equal to or 

greater than 25 megawatts of electricity (presently only two facilities in Bernalillo 

County are in this category: the Public Service Company otNew Mexico and Delta 

Power); 

(b) petroleum refining facilities with the industry classification code specified in 

20.11.48 NMAC (however no such oil and gas production facility operates in Bernalillo 

County, and no such petroleum refining facility is expected to ever operate within 

Bernalillo County); and 

(c) cement manufacturing facilities that meet the requirements of20.11.48 NMAC 

(which applies only to one facility in Bernalillo County: the GCC Rio Grande Portland 

cement facility located in Tijeras Canyon). [20.11.48.200.A NMAC]. 

3. In the interim since these two rules were adopted, there have been two 

dramatic changes in the area of GHG EI reporting. First on October 30, 2009, the EPA 

promulgated their 'Mandatory Reporting of GHG Final Rule' [Federal Register Vol. 74, 

NO. 209, 56260-56519), effective December 29, 2009, codified at 40 CFR 98, entitled 

Mandatory GHG Reporting. This rule encompasses all of the GHG EI reporting 

requirements of 20.11.48 NMAC, as well as the reporting requirements for GHGs in 

20.11.47 NMAC; thereby causing sources to report to both the Division and EPA, with 

two different reports each containing different information which results in duplicative 

and redundant information and places an unnecessary burden on the sources. Secondly, 

the New Mexico Environmental Improvement Board (EIB) has repealed their rules 

addressing GHGs, specifically 20.2.300 NMAC, Reporting of Greenhouse Gas Emissions 

(a/k/a 20.2.87 NMAC, GHG Emissions Reporting), upon which 20.11.48 NMAC was 

modeled. The Air Act requires the City of Albuquerque and the County of Bernalillo to 

enact enabling ordinances that provide for local Air Board regulations that are as 

"stringent as" the regulations adopted by the EIB (NMSA 74-2-4.C]. Since the EIB has 

3 
repealed its' GHG program, there are no longer any EIB rules addressing GHG EI 

reporting that the Air Board must be as 'stringent as'. Therefore, the Divisions is 

proposing to remove all provisions requiring local GHG emissions reporting (i.e. 

20.11.47.15 NMAC] as well as concomitant definitions regarding GHGs from 20.11.47.7 

NMAC, as well as repealing 20.11.48 NMAC in its entirety. 

4. The use of the terms: "air contaminants" and "regulated air contaminant", are 

internally inconsistent within 20.11.47 NMAC, and so are proposed to be superseded by 

the term "regulated air pollutant" for clarity. 

5. It is anticipated that the hearing will take approximately I hour or less. 

6. The proposed Public Review Drafts of 20.11.4 7 NMAC, Emissions Inventory 

Requirements and 20.11.48 NMAC, Greenhouse Gas Emissions Reporting, are attached 

as AQD Exhibits #Ia and #lb respectively. 

4 
Respectfully submitted, 

L u Leonard, Director 

En r ental Health Department 

City of Albuquerque 

CERTIFICATION 

I hereby certify that a copy of this Petition to Amend 20.11.47 NMAC, Emissions 

Inventory Requirements, Incorporate Said Amendments into the SIP and Repeal20.11.48 

NMAC, Greenhouse Gas Emissions Reporting, was delivered to the following person on 

July 19, 2012. 

Margaret Nieto 

Secretary to the Air Quality Control Board 

Environmental Health Department 

One Civic Plaza, NW, Suite 3023 

Albuquerque, New Mexico 87102 

and that a copy was provided to: 

Bill Grantham, Attorney to the Air Quality Control Board 

at wggrantham@gmail.com 

5 
1 

2 

3 

4 

TITLE 20 

CHAPTER 11 

PART47 

ENVIRONMENTAL PROTECTION 

ALBUQUERQUE- BERNALILLO COUNTY AIR QUALITY CONTROL BOARD 

EMISSIONS INVENTORY REQUIREMENTS 

5 20.11.47.1 ISSUING AGENCY: Albuquerque-Bernalillo County Air Quality Control Board, c/o 

~ AQDEXHIBIT 

i la 

~ 

~ 

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

7 [20.11.47.1 NMAC- N, 5/1108] 

8 

9 20.11.47.2 SCOPE: 20.11.4 7 NMAC applies to each person who owns or operates a source or who intends 

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

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

12 [20.11.47.2 NMAC- N, 5/1/08] 

13 

14 20.11.47.3 STATUTORY AUTHORITY: 20.11.47 NMAC is adopted pursuant to the authority provided in 

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

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

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

18 [20.11.4 7.3 NMAC - N, 511/08] 

19 

20 20.11.47.4 DURATION: Permanent. 

21 [20.11.47.4 NMAC- N, 5/1108] 

22 

23 20.11.47.5 EFFECTIVE DATE: May 1, 2008 except where a later date is cited at the end of a section. 

24 [20.11.47.5 NMAC- N, 5/1108] 

25 

26 20.11.47.6 OBJECTIVE: [The aejee~ve ef2Q.I1.47 Nl\41\G is] to establish requirements [beth] for 

27 [s!illmittiag uweateries efair eeetaeHaaats] the submission of certain relevant information to ensure that the 

28 regulations and standards under the Air Quality Control Act and the federal act will not be violated [ana ee reetYife 

29 s!illmissioa of Elata to EJYaB~fy greeahoYSe gas emissioas iB Bernalillo se'l:lllty]. 

30 [20.11.47.6 NMAC- N, 5/1/08] 

31 

32 20.11.47.7 DEFINITIONS: In addition to the definitions in 20.11.47 NMAC, the definitions in 20.11.1 

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

34 govern. 

35 A. "Actual emissions" means the quantified emissions of a regulated air [eeatami:aaat] pollutant 

36 from a stationary source for every 12-month period. Valid continuous emission monitoring data or source test data 

37 shall be preferentially used to determine actual emissions. In the absence of valid continuous emissions monitoring 

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

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

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

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

42 calculations of actual emissions shall use US EPA or department approved methods including emission factors and 

43 assumptions. 

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

45 thereof the operation of which would limit, capture, reduce, confine, or otherwise control [air eoataHiiBaats] 

46 regulated air pollutants or convert for the purposes of control any [aU= eoatamitlB:Bt] regulated air pollutant to another 

4 7 form, another chemical or another physical state. 

48 C. ["CaliferDia elimate aetiaa registry" meaes the 'JOI'I:llltary regis~· fer greeaheYSe gas emissioas 

49 esta9lishea pYFsl:!aBt ee Cakfomia Wealth aBEl Safety Ceae D. 2~ , Pt. 4, Ca . as amea aea.] Reserved 

50 D. ["Carbo& dia iide" meaBS the shemieal ee~e'l:llla eeatai:Biag oae aeem of eareoa aad two atoms 

51 of oKygea.] Reserved 

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

53 continuous program of construction or modification. 

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

55 including temporary installations and portable stationary sources. 

20.11.47 NMAC Public Review Draft, 7/19/12 
1 G. "Emissions report" or "emissions inventory" means a listing, by source, of the amount of [air 

2 eea~Bftts ems gFeeahease gas em:issieB:S] regulated air pollutants discharged into the atmosphere. 

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

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

5 chimney, vent, or other functionally-equivalent opening. 

6 J. ["Creenho~Ke gas" meaB:S aey of the fol:lewmg: ea:rbea Elim<iae, methane, eia=eas aNise, 

7 hydreflaeresameas, ~erflueroearnees or Sttlfur B@]{aflaeriae.] Reserved 

8 K. ["Greenhouse gas emissions reportiag year" meaB:S the ealeadar year iR vlll:ieh gFeeaho~:~se gas 

9 emissioas re~ai-fee to be re~ertea ~:~Beer 2Q .ll.47 NMA:C eesi:I:R'ea.] Reserved 

10 L. ["HydreOaoroearlJons" means gasee1:1s chemical eom~ei:IBds eoataie:ieg aBly li:yEkegea, carbea 

11 aae fl~:~erise a~ems ] Reserved 

12 M. ["Methane" meaas tke chemical co~ei:IBd seataie:ieg eae atom of ea:rboa aad fow= atoms of 

13 hydregea.] Reserved 

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

15 stationary source that results in an increase in the potential emission rate of any regulated air [ ceatamiBa:et] pollutant 

16 emitted by the source or that results in the emission of any regulated air [eoataminaat] pollutant not previously 

17 emitted, but does not include: 

18 (1) a change in ownership of the source; 

19 (2) routine maintenance, repair or replacement; 

20 (3) installation of air pollution control equipment, and all related process equipment and materials 

21 necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or 

22 pursuant to the federal Clean Air Act; or 

23 (4) unless previously limited by enforceable permit conditions: 

24 (a) an increase in the production rate, if the increase does not exceed the operating design 

25 capacity of the source; 

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

27 (c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable 

28 of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by a natural gas 

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

30 0. ["Nih'eus elide" meaes the chemical ce£Bpo1:1Ba eeataiaiRg twa atoms of Bitregea ems eae atom 

31 of exygea.] Reserved 

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

33 a nonattainment area under Section 107 of the federal act. 

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

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

36 S. ["Perfluereearbens" meaas gaseaas chemical eo~oi:IBds eeetaifHBg oaly carbaa and fl~:~arise 

3 7 atems-:] Reserved 

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

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

40 asphalt plants. 

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

42 regulated air [eeatamiaaat] pollutant under its physical and operational design, provided a physical or operational 

43 limitation on the capacity of the source to emit a regulated air [ seatamiaaat] pollutant, including air pollution 

44 control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or 

45 processed, shall be treated as part of its physical and operational design only if the limitation or the effect it would 

46 have on emissions is enforceable by the department pursuant to the Air Quality Control Act or the federal act. 

4 7 V. "Potential to emit" means the maximum capacity of a stationary source to emit [aft-!ltf 

48 eoatami:aaat] a regulated air pollutant under its physical and operational design, except that a physical or operational 

49 limitation on the capacity of a source to emit [em air eeatamiaBftt] a regulated air pollutant, including air pollution 

50 control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or 

51 processed, shall be treated as part of its design if the limitation is federally enforceable; however, the potential to 

52 emit for nitrogen dioxide shall be based on total oxides of nitrogen. 

53 W. ["Regulated air eonleiBiBaot"meaas an air eoatamiaaat, ~e emissioa or ambieat eoaeeat.J:atioa 

54 of y,41:ieh is reg:l:llatee ~w:saaet to ~e New lvleNiso AH- Quality Coatrol Aet or the feeeral act.] 

55 "Regulated air pollutant" means the following: 

20.11.47 NMAC Public Review Draft, 7/19/ 12 2 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

54 

55 

56 

(1) any pollutant for which a national. state. or local ambient air quality standard has been 

promulgated: 

(2) any pollutant that is subject to any standard promulgated under Section 111 of the federal act: 

(3) any Class I or II substance subject to any standard promulgated under or established by Title VI 

of the federal act; or 

(4) any pollutant subject to a standard promulgated under Section 112 or any other requirements 

established under Section 112 of the federal act: but {20.11.1.7.NNN NMAC} 

{5) excluding greenhouse gases as defmed in Subsection CC of 20.11.1. 7 NMAC. 

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

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

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

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

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

(including temporary installations), operation or portable stationary source that emits or may emit [ae-aif 

eoatam:itla:Bt] a regulated air pollutant; a research facility may group its sources for the purpose of 20.11.4 7 NMAC 

with the prior written approval of the director of the department. 

AA. ["SWfw- hasflueride" meaas tl:!e ehemiealeoHif!oaaa eoatai:B:iAg oae atom ofs\:llfur aaa six 

atoms of fl~:~eriae .] Reserved 

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

CC. ["The elimste registry" meaas tke ROBflroat eOfl'leratioa eatitlee "the elimate regist:ry" that is 

iaeeftleratea ~1:11'61:1Sfit to the Di5aiet ofCoh:~raeia ae~rofit GOfl'IOFatioa aet for the flwpose of ereati:ag aae OflercKiflg 

a m1:1hi stale greeaho\:lse gas emissions registry.] Reserved 

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

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

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

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

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

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

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

of20.11.47 NMAC is held to be unconstitutional or otherwise invalid by any court or the United States 

environmental protection agency, the decision shall not affect the validity of remaining portions of 20.11.4 7 NMAC. 

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

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

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

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

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

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

filed pursuant to 20.11.4 7 NMAC. Prosecution for violation of a prior statute, ordinance, part or permit shall be 

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

committed. 

[20.11.47.11 NMAC- N, 511 /08] 

20.11.47.12 COMPLIANCE WITH OTHER REGULATIONS: Compliance with 20.11.47 NMAC does 

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

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

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

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

NM. 

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

20.11.47.14 EMISSIONS INVENTORY REQUIREMENTS: 

20.11.47NMAC Public Review Draft, 7/1 911 2 3 
1 A. Applicability. 20.11.47.14 NMAC applies to the owner or operator of every stationary source, 

2 located within Bernalillo county that: 

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

4 NMAC, Operating Permits; or 

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

6 B. Reporting requirements. 

7 (1) A source that meets requirements under Paragraph (1) of Subsection A of20.11.47.14 NMAC 

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

9 than annually. 

10 (2) A source that meets requirements under Paragraph (2) of Subsection A of20.11.47.14 NMAC 

11 shall submit an emissions report if required by the department. A source is not required to submit an emissions 

12 report more frequently than annually. 

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

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

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

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

17 pollutants included in the permit requested for any specified calendar year. 

18 (5) Except as provided in Paragraph (6) of Subsection B of20.11.47.14 NMAC, if the owner or 

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

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

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

22 the report on the specified date. 

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

24 20.11.47.14 NMAC shall include: 

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

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

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

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

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

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

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

32 shall be made as required by 20.11.42 NMAC; 

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

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

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

36 (c) schedule of operation; 

37 (d) annual process or fuel combustion rates; 

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

39 (t) actual emissions estimate in pounds per year of total suspended particulate, PM10, PM2.5, 

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

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

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

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

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

45 (7) all information required by 40 CFR Part 51, Subpart A, Emissions Invent01y Reporting 

46 Requirements, as amended. 

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

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

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

50 information: 

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

52 by the department; 

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

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

55 (a) each emissions point; and 

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

20.11.47 NMAC Public Review Draft, 7/19112 4 
1 E. Waiver of reporting requirements for insignificant emissions. The department may waive the 

2 requirements of Paragraph (5) of Subsection C of20.11.47.14 NMAC for emissions that the department determines 

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

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

5 nonattainment; and 

6 (2) emissions reporting required by the federal act. 

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

8 complying with the requirements of Subsections A through E of 20.11.4 7.14 NMAC, an owner may be subject to 

9 20.11.46 NMAC, Sulfur Dioxide Emissions Inventory Requirements; Western Backstop Sulfur Dioxide Trading 

10 Program. 

11 [20.11.47.14 NMAC- N, 5/1/08; A, 11/16/09] 

12 

13 20.11.47.15 [CRE~HOUSE GAS El.\fiSSIONS INVENTORY REQUIREMENTS: 

14 ,..,., !..pplieability. 29.11.47.15 NMAC applies te the O'•'lfler er operator efe•1ery statieaary se\H'ee, 

15 loeated v;r:j~ BeFBalille eettBey that emits a greeBheYse gas as deflfleEl iB Sl:Hlseetiea J ef29.ll.47.7 NMAC aad: 

16 (l) lias aa aeti'le permit issaed piH'SYast te 29.11.41 NMi\C, Autherity le Ce1'15t-R>~et, er 20.11.4 2 

17 NMAC, Of!eFattsg Permits; or 

18 (1) is reqaired to file a so!H'ee registratiea fi!H'S\:Iaat to iW.11.4 0 ~IMAC, &luFCe RegistFation. 

19 B. Repertillg FeEflliremeRts, 

20 (I) Ally staaeRary sew=ee subjeet te l0.11.41.1S M\'1!£, if FelJ&ested by tile departmeRt, sllaUt 

21 (a) saemit a greeeHOYSe gas emissieas inventory ey the deadliBe aad as Fe~tW!=ed ey the 

22 greeafiease gas emissieas r~ertffig preeed!H'eS estae}isaed ey the aepartmeat, eat BOt fBOFe eftea tha& a&BYally; Of 

23 (b) report greeehease gas emissions from the statie&aF)' se\H'ee iB aeeerElanee witll 20.11.4 8 

24 NMAC; er 

25 (e) pre•ride !:he Elepart:meat witft aeeess te the reE:fYesteel Hrfenaatioa fer the greeahouse gas 

26 emissieas repertiflg year registered iB either the elimate registry or the Califemia elimate aetiea registry. 

27 ()) Whee the aepaFtrB:eat eletermiaes the deadlines fer 51:lemittiag greeehow;e gas emissioas reports 

28 aad repertiag preeed!H'es, the El~artmeat shaH J:lreviele an eppertuaity for pl:Hllie eommeat, aad sB&Il eeesider: 

29 (a) paalie eommeats regardiBg the seheelwe of the reports aaa greeehease gas emissieas 

30 repertiBg f!Feeeelares; 

31 (h) emissieas !IYBRti:'fieatioa staaelarels aBQ a est }3raetiees apJ:IFO\'eS Or FeSOIBffieREied ey federal 

32 aad State ageaeies, by greenhease gas emissieas registries, a&d ey B:OB gevemmeatal eeeies ha'liag e:Kf!ertise in 

33 greeehease gas emissieas E:fYantifieatioa; 

34 (e) whether, eeasideriag the ameW~t aael ehemieal emt.tpesiaea efthe emissieas, greeeheHse 

35 gas emissieas free a partiealar SO\H'Se er SO\H'Se type are eXJ:IeGted te ee insigfiifieaat relati•1e te em:i:ssieas free 

36 ether SO\H'GeS Of SO\H'ee types; ana 

37 (d) whether, eeasideriag the ameW~t aad ehemieal eompositiea efthe emissioas, emissiees efa 

38 partiealar greeehease gas from a so!H'ee or se\H'ee type are eKpeetee te ee iasigaifieaB:t relative to the total 

39 greeelleYse gas emissieas from that searee er sew=ee type. 

40 C. CeRtent of gFeenheuse gas emissieas Feperts. If a greeabew;e gas emissieas ref'lert is reqYired 

41 ay SYbparagraf!a (a) ef Paragraph (1) of Sueseeaea "Q ef 29.11.47.15 ~~4P.C, thea the r~ert sllall eeatai:a the same 

42 i&fenaatiea reE:fYifee by Paragr~lis (1) through (4) efSueseetiea C ef20.ll.47.14 ~~M£ as well as the feHevring 

43 iafonaattea: fer eaeh emissiea peiBt, as re~taireel ey the def!arlmeat t!:Jl:Qer the greeellease gas emissiees ref!erting 

44 f!FOeea\H'eS Of ether methoelelegies ana f!roeee\H'es apf!FO'Iea B~' the deJ3artmeat ia ael>ianGe aaa ia writing, the aetlial 

45 emi:ssieas estimate efgreeehe\!:Se gases iB poaeds per year, ineladiag ftigiti'le emissieas aae em:i:ssieas eeew=rieg 

46 dti:ri:Bg maieteB:aRGe, start Yf!S, shataewns, apses aaa de'N'fttime.] Reserved 

47 [20.11.47.15 NMAC- N, 5/1108; A, 11/16/09] 

48 

49 HISTORY OF 20.11.47 NMAC: 

50 Pre-NMAC History: none. 

51 

52 History of Repealed Material: [Reserved] 

53 

54 NMAC History: [Reserved] 

55 

20.11.47 NMAC Public Review Draft, 7/19/12 5 
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TITLE 20 

CHAPTER 11 

PART48 

REPEALED 

ENVIRONMENTAL PROTECTION 

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD 

GREENHOUSE GAS EMISSIONS REPORTING 

(141.11.48 I ISSUING ACE!'JC¥1 AleY<jYBf<jYB Bemalilla Cauaty Ai• QYality Cas1ral Baanl, e/e 

' AQllEXHIBIT 

I lb 

I 

BavH:eamentalllealth De~artmeat, P.O. Qex 1293, AUntttHBFEfU.B, ~Jew 1\ienise 871QJ. Telef3Reae: (3Q3) 7~8 2738. 

[29.11.48.1 NHAC ~1, 111/98] 

:l9.l1.48.l SCOP~1 2Q.ll.48 ~~fAG at=tfllies te eaeH flBFSBR whe ewas er BJ:IeFates a se'tlrse efgreenheuse 

gas emissiens withiR 8eFHalille eeHRt:)' aad v/lte meets the BJ3J31isability reEJ:uirements ef 29.11.4 8 P,.j:MAC. 2Q.l1.4 8 

~IMAC sass sat ·~~ly te S8YfG8S iH Bemalille 88HHt)' that a•• leeatea 88 IHaiaH laaas ., .•• whish the AIBH<jHOf<jHe 

Bemalille eewtty air EfUBli~ eenl:fel Beard laelei jt:tFisElietiea. 

[29.11.48.H1HAC ~1, IIJ/98] 

1Q,H.48,3 STATUTORY AUTIIORIT¥1 29.11.48 ~lMP.C is aae~teapllfSHaHt te the aYtkefity ~•aviaea iH 

the ~Jew ~feniee Air QHality Central Aet, ~TI\4SA 1978 Seetieas 74 2 4, 74 2 5.C; tHe Jeiat Air Quality Gastral 

BearS OidiaBBee, 8eRtalilla CaYs~· OrBiaaaee 94 3 Seetiea 4; aaB the Jeiat Air QHality Cefttl:el8e£H=d OrBiflanee, 

Rev-ised OFEiiflaRees ef .r\leu.(itleFEtW3 RfJA 1994 £eetiea 9 3 1 4. 

[29.11.48.3 NHAC ~1, 1'1 198] 

JQ,ll,48A DURATIONo l'eABaaeHt. 

[2Q.IJA8.4 NMAC ~1, 1'1/98] 

lQ,H.48,S EFFECTIVE DATE! JaaYar/ I, 29Q8, YH!ess a late• <late is sited at the eRa a fa see tieR. 

[29.11.48.!i NHAC ~1, 1'1 198] 

JQ,ll,48,8 OBJECTIVE• The eiJjeetive af29.11.48 NMAC is ta estaelish ••'!YiFemeHts fe• the aDHYal 

repeftiag ef greeflheyse gas emissieas te Hie departHieet Hsiag teals aaB preeedures similar te the teals aaB 

preeedH:Fes Hsed 8)' greeaheHse gas emissions registr-ies. 

[2Q.l1.4U NMAC ~1, I/I/Q8] 

20.11,48,7 DEFINITIONS I Ia adBitiea te the deHaitieas in 29.11.48 ~I~4l\C, tl:te detiflitieas ia 29.11.1 

~IJ.4AC shall apply W1less there is a eeaf:liet BePweea BeHaitiees, ia wkiek ease the detiaitiea ia 29.11.4 8 ~JJ.4AC 

shall ge' eFR. 

A, "Air eantaminanf" means a sHBstanae, inelHBing any partieHlate matter, fly ash, Ehtst, fumes, gas, 

mist, smelEe, VBJ3ef, miere organisms, radieaetive matefial, any eemBinatien thereaf er any tieeay er reaetien 

predyet tkereef, inelHding greeHfieyse gas as deHaeB in 2Q.ll. 4 8.7 ~1~ 4AC. 

B. ''Air pollHtion" meBHs the emissiea, eJ~6BJ3l emissiea that eeeHFS in aaftH:e, iate the eH:tEieer 

atrH:esJJhere ef eae er mere air eeetamiaants in EJ:HaRtities and ef a EIHratiea tHat may with reasenaBie preS aBility 

injHre hyman health er animal er plaat life eras may with reasenaBle fJreBaBility ifljHre hYman health er animal er 

plBHt life eras may YmeaseaaBly interfere witk tHe J3H81ie welfBfe, visibilit~l ar tHe reasaaaele Yse sfpra~eHy. 

C. ''Califaraia elimate aetian registry" meaRs the vell:l11tary registFy estaBlisfteB J3lmiYBRt ta 

Califemia Health aHa Safe~· Case Q. 2~, Pt. 4, Ch. ~.as ameHaea. 

g, "CarboB dio'lide elfuh·aleat" means a EtHaetity af a givea greenhe1:1se gas mHitifllied By a 

eaw:ersian faster f1Fevide8 ia tHe emissions repaFt:iag teal BHEI flFBeedl:lres under S11Bseetiaa B ef 2Q.11.4 8.2Q;! 

~IMJ\C. 

E. ''Direet emissieRs" meas.s emissiaas frem seurees at the i'aeilit-y. 

F. "EmissiaR report" or "emissioas in,.eatary" means a listing, By saH:Fse, eftBe aataHnt sf 

greenilaYse gas emissians diseHargeB inte the atmestthere. 

c. "E11Yity shore" fBOB!lB the eKtellt sf eeaHaiHie intefest kola ia a faeility, whleh is t'J!lie..tly tho 

same as av.'flership flereentage. 

H. "Faeility" meBBs aay BYiiBiag, str\ieture, fasility, er iastallatiaH tftat emits ar may emit aay 

greeflheu.ae gas. 

20.11.48 NMAC Public Review Draft, 7/19112 
1 I. ~'Creenltaase gas" meaas aa~· ef tHe fulls wing: eaffiefl dienide, metHaae, aiH=etts eKide, 

2 ByBFai-leeraeaFBens, ~eHluereeilf9BRS er sulfur Renaf.lueFide. 

3 J, "lndiFeet emissiens" meaRs emissieRs that are a eeeseEtUense ef the BtJeratieRunder the eeaH=al 

4 afthe IJSfSBR tilieg a reJ!Ieft, e'* v.hieB eeS'd:f at a semee e'i'meB ar eeiHfelleB 'ey aeeYter eRtity. 

5 K, "l':rfetFie ten" meaRs 2294 .1'~2 tJBWlds. 

6 b, "OpeFatienal eontral" meaes hav:iag the autftefit.y te ii=!MeBu:ee aB:tl imJ!lemeat e}1eratiRg pelieies 

7 at tHe fasility er BtJeraties. 

8 l\'1, "RepoFting yeaF" means tHe ealeedar year in ·.vhieH emissieHB reetHired te Be reJ3BFted ooder 

9 20.11.48 NMAC 8BBUFfOB. 

10 N, ''Tile elimate Fegistry" meBfl:s the aeapreM.t SBffJBFatien eatitled "the elimate registfj·" tHat is 

11 ffiee~erated f'\H'&ldaf\t te \he Qisa:iet ef Celam'eia neBJ3reiit se~eraties aet fer tHe pl:l!J3Bse ef sreatiag aad eperatiag 

12 a fftlllti state greenheuse gas emissiees registry. 

13 [20.11.48.7 ~IHl\C ~~. I 'I '08] 

14 

15 1(1.11.48.8 VMUA"'CES• ~~. ~·FSBR BOA eetain a ·.·aFianse IFe!R the FeEjliiFe!RORts ef20.11.48 ~IMAC. 

16 [20.11.48.8 ~IMAC ~~. 1'1108] 

17 

18 19,11,48.9 S~V~R.ABII:.ITY: If fer aay reasea any seetiea, su.Bseetiea, senteRse, JJIH"ase, el8llse er werdiag 

19 af29.11.48 }'f~4AC is ltelB te Be t:m:seestimtiesal er etherv.tise iavalid l:ly any sew=t er the UniteS S~tes 

20 eaviretllflestal ~Jt=eteeties agtme~', the Besisi:en sHall net affeet the valiBity ef remainisg pertieas ef 2Q.11. 4 8 }~fAG. 

21 (20.11.48.9 ~IMAC N, I '1108] 

22 

23 19.11.48.19 COl'iSTRPCTIOl'l• 20.11.48 ~IMAC shall eeliee•ally senstrnea te ·~· eut its ~~ese. 

24 [20.11.48.1Q~IHAC ~~. 1'1 108] 

25 

26 29.11.48.11 SAVINGS CLAUSEr THe tiliag ef29.ll.48 ~l=M-fzC, GFeeHheuse G£1£ &nistJiens R.epefflng, anB 

27 the filing af~· amoft<lmontte 2Q.IIA8 l>IHAC with the state FeseFds seateF aaa I!Fo!Hves shall net a!Iest any aotiea 

28 peadiag ffir vielatiea efa eity er eel:lflt)' erBisaaee, a hearS r--egHiaties, ar apemlit, aed sHall aet affeet a petities 

29 fileS J3W:S1:laet te 29.11.4 8 ~~4PzC. Preseel:lties fer vialatian af a ~Rer st~. erBffianee, fHH't er fJemlit shall Be 

30 ge 7/eFReB asS praseeuteB l:H18er the staftlte, erBiRaese, part er permit ·.verdiag is effeet at tHe time the vielatiae was 

31 eeRUBitted. 

32 [2Q.II.48.11 ~IHAC ~~. 1!1'08] 

33 

34 10.11.48.11 COMPU!' .. "'CE WITH OTHER REClJl.ATIOl'iS< Ce~lianse with 20.11.48 ~IMA.C aees 

35 Ret relieve a peFSee frem re~easi'eilitry· fer eemplyieg with Bfty ether applisa'ele f.'eBeFBl, state, er laeal regulatienB. 

36 [20.11.48.12NMt',C ~~. 1/1'08] 

37 

38 29:11,411:13 ogClJA4ENTS: Qesameets iseet=peFated B:REI sited in 29.11.48 }'IJ,{;'£ mary· l:!e vieweel at tfte 

39 Albu.etu.er£tue eavirenmeatal health ElefJaftmest, Suite 392d, Oae CiYis Pl~a. 4Q9 ~4ar£tl:lette ~lVt', Albu£t1:l8FEt\IB, 

40 NM, 

41 [20.JJ.4S.n l>JM,•.c ~~. l/li08J 

42 

43 

44 

l9.11AU4 te1fl.lt.4U99 [RESEIWEDj 

45 19.11.48.190 AI'PbiCABIUTY 

46 A.. TB.e ev.-ner er epeFater afthe ffillew:iag faeilities sHall repert gFeenheu.se gas emissiens te tfte 

47 ae~OF!ment: 

48 (I) a Jilsility at whish the su!R efthe Ra!Re~late oapasity efall eleslfisal geneFOting uaits is eEj!ial te 

49 ar greater thae 2§ megav/atts ef elestFieity; 

50 (l} a petJ:elel:lffi reHniRg fasili~· vlitft a NeFth PdHerieBR indu.stt=y slBBsifieatiea system eede 3~411; 

51 """ 

52 ~) a eement mBRli-faetwiag fasility with a }ieftft AmeHsaa Huhlstf)· eiassiHeatiee system a aBe 

53 32731. CaleaBIH" year 2QQ8 sHall Be the Hrst year the evfRer er epemter ef the faeilities shall SBHI:J3ile gFeeahel:lse 

54 gas e!Rissiens aata. 

55 B, Q•,vflers ef eperaters that B:Fe set re£tllireB by 29.11.4 8 ~IJrfA£ er anethef be arB regu.latiee te rep eFt 

56 greenheu.se gBB emissiess may repeft vell:lataFily. 

20.11.48 NMAC Public Review Draft, 7/19112 2 
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C. OwfleFS ar eperateFS reetuired by 2Q.ll.4 8 ~r~:IA£ te F@i3Bft greenhause gas emissiens may as aft 

altemative Fegister and vefify tlteir greeaheuse gas emissieas ·•vith the elimate regise:y er the Califemia elimate 

aetiaa FegistFy. Ce!RflliORse with Subseetiaa C af 29.11.4 8.29Q ~IMAC shall saastitute samp1iaase with gFeoahause 

gas emissiens repeFtiRg fer the greeafte\:ISe gas emissians repaFtiag year if: 

(I) the greenheuse gas emissiens FBJ:!Bft eemplies with all ather reEfuiremeats ef20.11.48 N~4AC; 

(l) the e·.vner er epemter Has fJFevided tRe Bep&FtmeRt with aeeess te the iafeRHatiee reetu.ireel by 

29.11. 4 8 ~IMAC. 

[29.11.48.2QQ NHAC ~1, I'IIQ8] 

10.11.48.201 CREEl'IHOPSE CAS EMISSIOl'IS REPORTil'IC REQUIREMEl'ITS 

A. ReEfHi:Fements fer the fifst reJJeFtiag year. By lldy I, 2009, the B¥/fler er BfJBFater sHall st~l:n:Rit te 

tHe depaflmeat a gFt~eRhet~se gas emissiees FeJJBFt reganiing gt=eeahet:~:se gas emissiens dt:~:Fiag ealenElar yeac 2QQ8 er 

previde the depaFlmeRt with assess te the re£tUired data. The 2QQ9 first rep eFt fer saleAEIM year 2QQ8 sHall inshule 

all direst emissieBS ef ear'aen dien.ide ftem the faeihty, eneept direst emissiens ffem meter anei neflfead "eHieles. 

Far the Hrst reperting yeaF, tHe ewner er eperater shall net Be FeEfY:ireB te F8fJart any greeahet~se gas emissiens ia 

additien te elin~et emissieas ef eaFbea e:iienide. 

It Rett:Hiremeats fer the seeead repeFting year. Qy Jy,}y l, 2Q l Q, tHe BY/Her er eperater sHall st:~:'amit 

te the Elepar-tmeat a greenhause gas emissiens rep art regaFEiing greenheuse gas emissieRB dti:RBg ealendar yeaF 2QQ9 

er fJrevide tfte ElepaFtmeBt v·itR assess te the reEJ:Hiree:i e:iata. The 2QlQ sesenEI repert shall iBsluele: 

(1) all aires! emissiSRS af SaFbaR aisniae !<am the fasilit:,· el<S8pl SiFeSt emissiaRS i<aaa malaF 

veft.ieles and namead vehieles; 

(l) indirest greenheuse gas emissieas ffem all eleetrieit:J·, steam, anel heat purehased fer and 

eeBsWBed at the faeili~·; and 

(J) all atl!eF Feasaaab1e emissisRS iRfaFmatiaR Fe'!UiFea by the aepaFimeat iR WRiiRg. 

c. Re~uifemoats faF the tl!ifa FepaFtiag yeaF aaa eaoh )'OaF theFoal'teF. By July I, 2Qll, """ ey July I 

ef eaeh yeaF thereafter, the 8\Viler er eperatar sk.all su.bmit te the depaftmeat a gt:eenheuse gas emissieas Fef'Bft er 

preYide the deflar-tmeat ·.vitk assess te the re£tUired Elata regarding greenheuse gas emiasieHB 9ur-iag tRe immediately 

flreseliiag yeaF. The awReF ar apemtaF sl!all FepaFI: 

(1) all direst emissiaas ef greeflhau.se gases Fram tHe faeility, eneept direst emissiens frem mater 

\ ehieles and nenread veftieles; 

(l) iaElireet greeahause gas emissiens B=em all eleetrieity, steam, aaEI heat pweAaseQ fer anQ 

eessH:meQ at Hie faeility; aed 

(J) all ether reasena'ale emissiens iBfermatiee reEJ:uired By the depar-tment ia ?/Titiag. 

(2Q.ll.48.2Ql NHAC ~1, I'IIQ8] 

10.1U8.202 CREEl'IUOUSE CAS EMISSIOl'IS REPORTING PROCEDURES 

A, Owfl:eFS er ef)er&\:ers that meet tBe atJJ3lieaBility rBEfH:ifements ia ~estien 2Q.ll.48.2QQ ~IJ4A:C shall 

su.Bmit anau.al greenh:euse gas emissieas repaHS as reE(HireB By 29.11.48 ~~~4AC. SasH greeaheu.se gas emissiens 

repert shall iaelu.Be a Rill 12 Rleath ealeaEIM year. 

B, SJrSef)t as previded uader ~u.bsestiea C ef2Q.lt.48.2QQ NMAC, reparting shall Be sendlieted 

u.sing the greeafteu.ne gas emissieas refJefting tee I tmd flre eedtues f:1Fevideel By tHe ElefJ&FtHleat. The re,efriag teal 

aaa pF8SOSUFeS shall: 

(1) be maao a•,•ailab1e b~· the aepa-eRI ta the pueJis far Fe'iiew ORQ S8ffiffi0RI alieaal ~Q QO~'S befaFe 

tfte 'aeginf.HB.g ef a greenhease gas emissiea refBFtisg year; eneept the first repertiag year, tHe defJaFtmeat sHall malee 

the reperting teals aad preeedui:es availa'ale te the pu.blie Fer review aBB eemtB:eat at least 3Q Bays Befere the 

begin:'liag aftbe HFSt FepeFtiag yeaF; de~artmeat aeliaeatieR<! afthe IWailaeilit)' afthe taalaaa pFase<IUFes faF 

review m~· Be made eleetreaieall~· er in ..... !'fiting; 

(l) as deteFftlined By the depar-tment, 'ae 6811BiSteat v·ith emissieas E}Uastif.ieatiea metheSs ana 'eest 

praetiees aeeepted 'By tfte elimate registry er the Califemia elimate astian registry; 

(J) ieelude refereaees te reeeHUileaded metheels fer estimating greenhaHse gas emissiens H-em 

eEtQi-pment aaB r:rreeesses regareiiag wftieR emissiens ealeYlatieas are reEJ:UireB; 

(4) iseluQe eanY,•ersien faeters fer eae8 greeaheu.se gas iate eaft:Jaa Bienide eEplivaleat; 

(~) inekide tRe preeess fet tfte ss'd:fee te sOOmit BHd e'etain SfJpre··al fer altemate metheBs Fer 

estimating greeflhettse gases; 

(fi) iae1uae altemate methaas fa• estimatiag g•eeaha»so gases, if altemal<! metheas are avoilal!le; 

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(7) p•oviao fe• si!Bjllilioa ana limited aosumentalion of omissions that sollosti•>'oly aeso~<nt fe• live 

pereent ar less ef tetal fasilit!;' emissieas, e~£presse8 as earbas tiiex.ide BEtHivalest; 

(8) £8fi\\iire t:he B'Nfl:et er 8}38Fater ta iookide 1R ea€R atlft'k!a-1 FBJ)Bft a sefti:Rsaties sigBeQ by \he BWBBF 

er BfJBFater a"esiing that tHe statements aad inf.'eRHatieR eentained in the emissians repeFt are tfue aed aeeyrate te 

the best lraewledge asS Belief ef tRe eeFtifyisg efl.ieial; the eeFtifieatiea shall iseb:uie the full name, title, sigaatu:re, 

date ef signaWFe, and telepheae st:~mber ef the eeFtifyieg eff.ieial; anEI 

(9) iooluae t>'""iniens te •epefl: 

(a) tHe name and atidress ef the FeJ3Bfting evmer er efJemter; 

(b) tho name ana tolepheno numboF sf tho peFSen te sontaet ••ga•aiag tho emissions Fef!eFI; 

(c) omissi ens !fem fasilitios within the j...-.isaislien ef the aiF 'l"ality ssRifol esanl; 

(d) if rereflea, emissiens frem fasililies lee ate a en lneian lanes ana the name sf the In sian 

Ratiea , tr-ibe er pu.eble; 

(e) if repeFted, emissiens fi:em faeilities leeateel is an ather state er teffitery ef tfte Usited 

States, asS the same ef the stale er teffitery; 

(t:} ifrej3efte8, emissiens ftem faeilit:ies leeate8 is asether se'liRt::F)' aH8 the name efthe seuatry; 

(g) fHeJ USe BifeStlj' Felatea 18 Fepaflee omissiaes, ineJueing am8HRIS ana speeifisatiefl6 feF 

eash fuel tyfJe; 

(h) haw the detJaftfHeat saa deteRBiae the metheels u.tilii!eEl ta mal::e emissieas saleuJatieas, if 

different than the met:fteds iaSBFJ'BrateB in the teal; 

(i) ealeu.latieas fer emissieas ef eaeh FetJBFted greenheu.se gas aad tHe metReS fer tetaliag all 

retJafteEi greenheuse gases; emissieas Elata sHall be IJrevideG ie uaits ef metris teas ef eaFbea elieJd8e eEJHivalent, 

iaehuiiag emissieas tHat eeew= dt~riag tegtilar BIJer-atiaa, maisteaaaee, staFt tifJS, si:Httdev.'fl:s, tifJSBts, aaEI 

malfuaetieRS; aad 

f.i) a listing efthe owneFS sfe'!"ity shaFes efthe emissiees F8f>eF!ea aea the Fespee!i•,•e 

IJereeatages ef ev.'flershitJ. 

C, lfatJIJFBveG is writiag b~· tHe eletJartfH:eat, tHe ev.'fl:er er etJerater may deliver te the El8f:1artmeat 

si1Hf1litied anellimited daeHfB:ematiea ef emissiess tftat ee"eet+ve~ aeeeld'ftt fer f-ive pereem er less ef tatal faeili-ty 

emisSiBRS, 8Jif3FBSSed as eamea QieJ£ide BEjYiva\eat. 

D. The avfR:er er eperater sHall iaelade is eaeH ar.nu.al rep eFt a eertif.ieatiee sigaeEl By the ew~er er 

BJ3erater attestiag that tHe statemests aad isfeRRatien eeataiaeel ia the emissieas re~JeFt are trtie aRd aeeU:Fa:te te the 

best ltRewledge aa6 belief ef tM set=tifyisg etlieial; the sMtit-ieaties shall iael\iele tM fuU Rame, title, sigaiHW'e, date 

ef sigaaHire, and tele~Jftene RU:fH:ber ef the eeFtifyiag efHeial. 

[2Q.Il.48.2QHIMAC }1, l'I'Q8] 

HISTORY OF 20,11.48 NMAC: [Reserved] 

20.11.48 NMAC Public Review Draft, 7119112 4 
~ AQD EXHIBIT 

~--------------------------------~ ~ A iiOJOURNALCOM I ,... -:-;;:;r a; 

0 Ill L I ~~~ 'l! · o'l I I 0 Ill 

otlhe ALBUQUERQUE JOURNAL 

Published in the Albuquerque Journal on Sunday August 12, 2012 

2a 

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD NOTICE OF 

HEARING AND REGULAR MEETING On October 10,2012, at 5:30pm, 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 20.11.4 7 NMAC, 

Emissions Inventory Requirements, Incorporate Said Amendments into the New Mexico State 

Implementation Plan For Air Quality (SIP) and Repeal20.11.48 NMAC, Greenhouse Gas Emissions 

Reporting. The Air Quality Division (AQD) of the City of Albuquerque Environmental Health Department 

is proposing these amendments for the following reasons: 1. The Air Board adopted 20.11.47 NMAC, 

Emissions Inventory Requirements, on March 12, 2008, which became effective on May 1, 2008. This new 

rule was adopted to facilitate the efficient collection and reporting of emissions inventory (EI) data from 

sources within Bernalillo County. 111ese inventories are required by 40 CFR 51 Subpart A, entitled 

Emissions Inventory Reporting Requirements, as well as the consolidated emissions rule (CER). Before this 

rule the Division collected this data under the aegis of the individual source's permit or through data 

requests. This rule standardized the methodology and format for EI reporting. This rule also provided 

baseline data for specific air pollutants for specific area and source categories in order to analyze the 

conditions in our air shed. This information provides a basis for planning of future regulations and policies. 

This rule also provided consistency in EI reporting for sources in Bernalillo County and the rest of the state 

by mirroring provisions found in the State's rule 20.2.87 NMAC, GHG Emissions Reporting. 2. The Air 

Board adopted 20.11.48 NMAC, Greenhouse Gas Emissions Reporting, on November 29, 2007, which 

became effective on January 1, 2008. The purpose of 20.11.48 NMAC was to provide a mechanism for 

measuring and reporting emissions of GHGs, thereby facilitating the collection of information that could 

provide a basis for policy decisions; enhance the County-wide GHG EI first compiled in 2005; and prepare 

GHG-emitting facilities for participating in a market-based emissions reduction program. 20.11.48 NMAC 

cunently requires owners and operators of three categories of stationary facilities within Bernalillo County 

to submit annual GHG emissions reports to the Division. These categories are: (a)electrical generating 

facilities with nameplate capacity to generate equal to or greater than 25 megawatts of electricity (presently 

only two facilities in Bernalillo County are in this category: the Public Service Company ofNew Mexico 

and Delta Power); (b )petroleum refming facilities with the industry classification code specified in 20.11.48 

NMAC (however no such oil and gas production facility operates in Bernalillo County, and no such 

petroleum refining facility is expected to ever operate within Bernalillo County); and (c)cement 

manufacturing facilities that meet the requirements of 20.11.48 NMAC (which applies only to one facility 

in Bernalillo County: the GCC Rio Grande Portland cement facility located in Tijeras Canyon). 

[20 .11.48 .200 .A NMAC]. 3. In the interim since these two rules were adopted, there have been two 

dramatic changes in the area ofGHG EI reporting. First on October 30, 2009, the EPA promulgated their 

'Mandatory Reporting of GHG Final Rule' [Federal Register Vol. 74, NO. 209, 56260-56519), effective 

December 29, 2009, codified at 40 CFR 98, entitled Mandatory GHG Reporting. This rule encompasses all 

of the GHG EI reporting requirements of 20.11.48 NMAC, as well as the reporting requirements for GHGs 

in 20.11.4 7 NMAC; thereby causing sources to report to both the Division and EPA, with two different 

reports each containing different information which results in duplicative and redundant information and 

places an unnecessary burden on the sources. Secondly, the New Mexico Environmental Improvement 

Board (EIB) has repealed their rules addressing GHGs, specifically 20.2.300 NMAC, Reporting of 

Greenhouse Gas Emissions (a/k/a 20.2.87 NMAC, GHG Emissions Reporting), upon which 20.11.48 
NMAC was modeled. The Air Act requires the City of Albuquerque and the County of Bernalillo to enact 

enabling ordinances that provide for local Air Board regulations that are as "stringent as" the regulations 

adopted by the EIB [NMSA 74-2-4.C]. Since the EIB has repealed its' GHG program, there are no longer 

any EIB rules addressing GHG EI reporting that the Air Board must be as 'stringent as'. Therefore, the 

Divisions is proposing to remove all provisions requiring local GHG emissions reporting [i.e. 20.11.47.15 

NMAC] as well as concomitant definitions regarding GHGs from 20.11.47.7 NMAC, as well as repealing 

20.1 1 .48 NMAC in its entirety. 4. The use of the terms: "air contaminants" and "regulated air contaminant", 

are internally inconsistent within 20.11.47 NMAC, and so are proposed to be superseded by the term 

"regulated air pollutant" for clarity. Following the hearing, the Air Board will hold its regular monthly 

meeting during which the Air Board is expected to consider adopting the Proposal to Amend 20.11.47 

NMAC, Emissions Inventory Requirements, Incorporate Said Amendments into the New Mexico State 

Implementation Plan For Air Quality (SIP) and Repeal20.11.48 NMAC, Greenhouse Gas Emissions 

Reporting. The Air Board is the federally delegated air quality authority for Albuquerque and Bernalillo 

County. Local delegation authorizes the Air Board to administer and enforce the CAA 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 of the 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 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 required by 20.11.82 NMAC, Rulemaking 

Procedures- AQCB, to submit a written Notice Oflntent (NOI) before 5:00pm on September 25, 2012 to: 

Attn: October 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 NOI shall 

identify the person's name, address and affiliation. Non-technical testimony may be provided at the hearing 

pursuant to 20.11.82.22 NMAC, but to ensure adequate time for review of submitted testimony, the AQD 

requests that written comments to be incorporated into the public record be received at the above P.O. Box, 

or Environmental Health Department office, before 5:00pm on October 3, 2012. The comments shall 

include the name and address of the individual or organization submitting the statement. Written comments 

may also be submitted electronically to nbutt@cabq.gov and shall include the required name and address 

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

Department Office, or by contacting Mr. Neal Butt, Albuquerque Environmental Health Department, P.O. 

Box 1293, Albuquerque, NM 87103, or by phone 768-2660, or by e-mail at nbutt@cabq.gov, or by 

downloading a copy from the City of Albuquerque Air Quality Division website. NOTICE FOR PERSON 

WITH DISABILITIES: If you 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 Journal: August 12,2012 
• AQD EXHIBIT 

New Mexico Register I Volume XXIII, Number 16 I August 30, 2012 

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD 

NOTICE OF HEARING AND REGULAR MEETING 

! 

I 

On October 10,2012, at 5:30pm, 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 AlbuquerqueBernalillo County Government Center, 400 Marquette Avenue NW, Albuquerque, NM. 

The hearing will address: Proposal to Amend 20.11.47 NMAC, Emissions Inventory Requirements, Incorporate 

Said Amendments into the New Mexico State Implementation Plan For Air Quality (SIP) and Repeal 20.11..48 

NMAC, Greenhouse Gas Emissions Reporting. The Air Quality Division (AQD) of the City of Albuquerque 

Environmental Health Department is proposing these amendments for the following reasons: 

I. The Air Board adopted 20.11.47 NMAC, Emissions Inventory Requirements, on March 12, 2008, which 

became effective on May I, 2008. This new rule was adopted to facilitate the efficient collection and reporting of 

emissions inventory (EI) data from sources within Bernalillo County. These inventories are required by 40 CFR 51 

Subpart A, entitled Emissions Inventory Reporting Requirements, as well as the consolidated emissions rule (CER). 

Before this rule the Division collected this data under the aegis of the individual source's permit or through data 

requests. This rule standardized the methodology and format for EI reporting. This rule also provided baseline data 

for specific air pollutants for specific area and source categories in order to analyze the conditions in our air shed. 

This information provides a basis for planning of future regulations and policies. This rule also provided 

consistency in EI reporting for sources in Bernalillo County and the rest of the state by mirroring provisions found in 

the State's rule 20.2.87 NMAC, GHG Emissions Reporting. 

2. The Air Board adopted 20.11.48 NMAC, Greenhouse Gas Emissions Reporting, on November 29, 

2007, which became effective on January I, 2008. The purpose of20.11.48 NMAC was to provide a mechanism for 

measuring and reporting emissions of GHGs, thereby facilitating the collection of information that could provide a 

basis for policy decisions; enhance the County-wide GHG E! first compiled in 2005; and prepare GHG-emitting 

facilities for participating in a market-based emissions reduction program. 20.11.48 NMAC currently requires 

owners and operators of three categories of stationary facilities within Bernalillo County to submit annual GHG 

emissions reports to the Division. These categories are: 

(a) electrical generating facilities with nameplate capacity to generate equal to or greater than 25 megawatts of 

electricity (presently only two facilities in Bernalillo County are in this category: the Public Service Company 

ofNew Mexico and Delta Power); 

(b) petroleum refining facilities with the industry classification code specified in 20.11.48 NMAC (however no 

such oil and gas production facility operates in Bernalillo County, and no such petroleum refining facility is 

expected to ever operate within Bernalillo County); and 

(c) cement manufacturing facilities that meet the requirements of20.11.48 NMAC (which applies only to one 

facility in Bernalillo County: the GCC Rio Grande Portland cement facility located in Tijeras Canyon). 

[20.11.48.200.A NMAC]. 

3. In the interim since these two rules were adopted, there have been two dramatic changes in the area of 

GHG EI reporting. First on October 30, 2009, the EPA promulgated their 'Mandatory Reporting ofGHG Final 

Rule' [Federal Register Vol. 74, NO. 209, 56260-56519], effective December 29,2009, codified at 40 CFR 98, 

entitled Mandatory GHG Reporting. This rule encompasses all of the GHG EI reporting requirements of 20.11.48 

NMAC, as well as the reporting requirements for GHGs in 20.11.47 NMAC; thereby causing sources to report to 

both the Division and EPA, with two different reports each containing different information which results in 

duplicative and redundant information and places an unnecessary burden on the sources. Secondly, the New Mexico 

Environmental Improvement Board (EIB) has repealed their rules addressing GHGs, specifically 20.2.300 NMAC, 

Reporting of Greenhouse Gas Emissions ( a!k/a 20.2.87 NMAC, GHG Emissions Reporting), upon which 20.11.48 

NMAC was modeled. The Air Act requires the City of Albuquerque and the County of Bernalillo to enact enabling 

ordinances that provide for local Air Board regulations that are as "stringent as" the regulations adopted by the EIB 

[NMSA 74-2-4.C]. Since the EIB has repealed its' GHG program, there are no longer any EIB rules addressing 

GHG EI reporting that the Air Board must be as 'stringent as'. Therefore, the Divisions is proposing to remove all 

provisions requiring local GHG emissions reporting [i.e. 20.11.4 7.15 NMAC] as well as concomitant definitions 

regarding GHGs from 20.11.4 7. 7 NMAC, as well as repealing 20.11.48 NMAC in its entirety. 

2b 
New Mexico Register I Volume XXIII, Number 16/ August 30,2012 

4. The use of the terms: ''air contaminants" and "regulated air contaminant", are internally inconsistent 

within 20.11.47 NMAC, and so are proposed to be superseded by the term "regulated air pollutant" for clarity. 

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

to consider adopting the Proposal to Amend 20.11.4 7 NMAC, Emissions Inventory Requirements, Incorporate Said 

Amendments into the New Mexico State Implementation Plan For Air Quality {SIP) and Repeal20.11.48 NMAC, 

Greenhouse Gas Emissions Reporting. 

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

delegation authorizes the Air Board to administer and enforce the CAA 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 of the 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 

introduce exhibits and to examine witnesses in accordance with the Joint Air Quality Control Board Ordinances, 

Section 9-5-l-6 ROA 1994 and Bernalillo County Ordinance 94-5, Section 6. 

Anyone intending to present technical testimony is required by 20.11.82 NMAC, Ru/emaking Procedures- AQCB, 

to submit a written Notice Oflntent (NO!) before 5:00pm on September 25, 2012 to: Attn: October 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 NO! shall identify the person's name, address and 

affiliation. 

Non-technical testimony may be provided at the hearing pursuant to 20.11.82.22 NMAC, but to ensure adequate 

time for review of submitted testimony, the AQD requests that written comments to be incorporated into the public 

record be received at the above P.O. Box, or Environmental Health Department office, before 5:00pm on October 3, 

2012. The comments shall include the name and address 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 and 

address information. 

Interested persons may obtain a copy of the proposed regulation at the Environmental Health Department Office, or 

by contacting Mr. Neal Butt, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 

87!03, or by phone 768-2660, or by e-mail at nbutt@cabg.gov, or by downloading a copy from the City of 

Albuquerque Air Quality Division website. 

NOTICE FOR PERSON WITH DISABILITIES: If you 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 
Page 1 of4 

• AQD EXHIBIT 

Butt, Neal T. ; 2c 

From: City of Albuquerque-Air Quality Division (nbutt@cabq.gov] I 

Sent: Tuesday, August 14, 2012 4:30PM 

To: Butt, Neal T. 

Subject: Notice of Hearing and Meeting- 20.11.47 NMAC, Emissions Inventory Requirements & 

20.11.48 NMAC GHG Emissions Reporting 

Follow Up Flag: Follow up 

Flag Status: Purple 

Notice of Hearing and Meeting - 20.11.47 

NMAC, Emissions Inventory Requirements 

& 20.11.48 NMAC, Greenhouse Gas 

Emissions 

Reporting 

ALBUQUERQUE-BERNALILLO COUNTY AIR 

QUALITY CONTROL BOARD 

NOTICE OF HEARING AND REGULAR MEETING 

On October 10,2012, at 5:30pm, 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 20.11.4 7 NMAC, 

Emissions Inventory Requirements, Incorporate Said 

Amendments into the New Mexico State Implementation Plan 

For Air Quality (SIP) and Repeal 20.11.48 NMAC, Greenhouse 

Gas Emissions Reporting. The Air Quality Division (AQD) of 

the City of Albuquerque Environmental Health Department is 

proposing these amendments for the following reasons: 

1. The Air Board adopted 20.11.4 7 NMAC, Emissions 

Inventory Requirements, on March 12, 2008, which became 

effective on May 1, 2008. This new rule was adopted to 

facilitate the efficient collection and reporting of emissions 

9/5/2012 
inventory (EI) data from sources within Bernalillo County. 

These inventories are required by 40 CFR 51 Subpart A, entitled 

Emissions Inventory Reporting Requirements, as well as the 

consolidated emissions rule (CER). Before this rule the Division 

collected this data under the aegis of the individual source's 

permit or through data requests. This rule standardized the 

methodology and format for EI reporting. This rule also 

provided baseline data for specific air pollutants for specific 

area and source categories in order to analyze the conditions in 

our air shed. This information provides a basis for planning of 

future regulations and policies. This rule also provided 

consistency in EI reporting for sources in Bernalillo County and 

the rest of the state by mirroring provisions found in the State's 

rule 20.2.87 NMAC, GHG Emissions Reporting. 

2. The Air Board adopted 20.11.48 NMAC, Greenhouse 

Gas Emissions Reporting, on November 29, 2007, which 

became effective on January 1, 2008. The purpose of 20.11.48 

NMAC was to provide a mechanism for measuring and 

reporting emissions of GHGs, thereby facilitating the collection 

of information that could provide a basis for policy decisions; 

enhance the County-wide GHG EI first compiled in 2005; and 

prepare GHG-emitting facilities for participating in a marketbased emissions reduction program. 20.11.48 NMAC currently 

requires owners and operators of three categories of stationary 

facilities within Bernalillo County to submit annual GHG 

emissions reports to the Division. These categories are: 

(a) electrical generating facilities with nameplate capacity 

to generate equal to or greater than 25 megawatts of electricity 

(presently only two facilities in Bernalillo County are in this 

category: the Public Service Company ofNew Mexico and Delta 

Power); 

(b) petroleum refining facilities with the industry 

classification code specified in 20.11.48 NMAC (however no 

such oil and gas production facility operates in Bernalillo 

County, and no such petroleum refining facility is expected to 

ever operate within Bernalillo County); and 

(c) cement manufacturing facilities that meet the 

requirements of20.11.48 NMAC (which applies only to one 

facility in Bernalillo County: the GCC Rio Grande Portland 

cement facility located in Tijeras Canyon). [20.11.48.200.A 

NMAC]. 

3. In the interim since these two rules were adopted, 

there have been two dramatic changes in the area of GHG EI 

reporting. First on October 30, 2009, the EPA promulgated their 

'Mandatory Reporting ofGHG Final Rule' [Federal Register 

Vol. 74, NO. 209, 56260-56519], effective December 29,2009, 

codified at 40 CFR 98, entitled Mandatory GHG Reporting. 

This rule encompasses all of the GHG EI reporting requirements 

9/5/2012 

Page 2 of 4 
of 20.11.48 NMAC, as well as the reporting requirements for 

GHGs in 20.11.47 NMAC; thereby causing sources to report to 

both the Division and EPA, with two different reports each 

containing different information which results in duplicative and 

redundant information and places an unnecessary burden on the 

sources. Secondly, the New Mexico Environmental 

Improvement Board (EIB) has repealed their rules addressing 

GHGs, specifically 20.2.300 NMAC, Reporting of Greenhouse 

Gas Emissions (a!k/a 20.2.87 NMAC, GHG Emissions 

Reporting), upon which 20.11.48 NMAC was modeled. The Air 

Act requires the City of Albuquerque and the County of 

Bernalillo to enact enabling ordinances that provide for local 

Air Board regulations that are as "stringent as" the regulations 

adopted by the EIB [NMSA 74-2-4.C]. Since the EIB has 

repealed its' GHG program, there are no longer any EIB rules 

addressing GHG EI reporting that the Air Board must be as 

'stringent as'. Therefore, the Divisions is proposing to remove all 

provisions requiring local GHG emissions reporting [i.e. 

20.11.4 7.15 NMAC] as well as concomitant definitions 

regarding GHGs from 20.11.47.7 NMAC, as well as repealing 

20.11.48 NMAC in its entirety. 

4. The use of the terms: "air contaminants" and 

"regulated air contaminant", are internally inconsistent within 

20.11.4 7 NMAC, and so are proposed to be superseded by the 

term "regulated air pollutant" for clarity. 

Following the hearing, the Air Board will hold its regular 

monthly meeting during which the Air Board is expected to 

consider adopting the Proposal to Amend 20.11.4 7 NMAC, 

Emissions Inventory Requirements, Incorporate Said 

Amendments into the New Mexico State Implementation Plan 

For Air Quality (SIP) and Repeal 20.11.48 NMAC, Greenhouse 

Gas Emissions Reporting. 

The Air Board is the federally delegated air quality authority for 

Albuquerque and Bernalillo County. Local delegation 

authorizes the Air Board to administer and enforce the CAA 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 of the 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 introduce exhibits and to 

examine witnesses in accordance with the Joint Air Quality 

Control Board Ordinances, Section 9-5-1-6 ROA 1994 and 

9/5/2012 

Page 3 of 4 
Bernalillo County Ordinance 94-5, Section 6. 

Anyone intending to present technical testimony is required by 

20.11.82 NMAC, Rulemaking Procedures - AQCB, to submit a 

written Notice Of Intent (NOI) before 5:00pm on September 

25, 2012 to: Attn: October 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 NOI shall identify the person's 

name, address and affiliation. 

Non-technical testimony may be provided at the hearing 

pursuant to 20.11.82.22 NMAC, but to ensure adequate time for 

review of submitted testimony, the AQD requests that written 

comments to be incorporated into the public record be received 

at the above P.O. Box, or Environmental Health Department 

office, before 5:00pm on October 3, 2012. The comments shall 

include the name and address of the individual or organization 

submitting the statement. Written comments may also be 

submitted electronically to nbutt@cabq.gov and shall include 

the required name and address information. 

Interested persons may obtain a copy of the proposed regulation 

at the Environmental Health Department Office, or by 

contacting Mr. Neal Butt, Albuquerque Environmental Health 

Department, P.O. Box 1293, Albuquerque, NM 87103, or by 

phone 768-2660, or by e-mail at nbutt@cabq.gov, or by 

downloading a copy from the City of Albuquerque Air Quality 

Division website. 

NOTICE FOR PERSON WITH DISABILITIES: If you 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. 

This email was sent to nbutt@cabq.gov by JlQJJ'llil:£~~~ 

Instant removal with ~~~~= 

City of Albuquerque One Civic Plaza NW Albuquerque NM 87102 

9/5/2012 

Page 4 of 4 
'AQD EXHIBIT 

i 3 

I 

[Direct Testimony for Hearing regarding proposal to amend 20.11.47 

NMAC, Emissions Inventory Requirements and repeal20.11.48 NMAC, 

Greenhouse Gas Emissions Reporting 

SLIDE 1 

Thank you Madam Chair Upson, and members of the Board. My name is 

Neal Butt. I am an Environmental Health Scientist with the Control 

Strategies Section of the Air Quality Division,. I am here 

IN THE MATTER OF THE PETITION TO AMEND 20.11.47 NMAC, 

EMISSIONS INVENTORY REQUIREMENTS; INCORPORATE SAID 

AMENDMENTS INTO THE NEW MEXICO STATE 

IMPLEMENTATION PLAN FOR AIR QUALITY (SIP); AND 

REPEAL 20.11.48 NMAC, GREENHOUSE GAS EMISSIONS 

REPORTING 

AQCB Petition No. 2012-5 

SLIDE 2 

Background 20.11.47 

I. The Air Board adopted 20.11.47 NMAC, Emissions Inventory 

Requirements, on March 12, 2008, which became effective on May 1, 2008. 

This new rule was adopted to facilitate the efficient collection and reporting 

of emissions inventory (EI) data from sources within Bernalillo County. 

These inventories are required by 40 CFR 51 Subpart A, entitled Emissions 

Inventory Reporting Requirements, as well as the consolidated emissions 

1 
rule (CER). Before this rule the Division collected this data under the aegis 

of the individual source's permit or through data requests. This rule 

standardized the methodology and format for EI reporting. This rule also 

provided baseline data for specific air pollutants for specific area and source 

categories in order to analyze the conditions in our air shed. This 

information provided a basis for planning of future regulations and policies. 

This rule also provided consistency in EI reporting for sources in Bernalillo 

County and the rest of the state by mirroring provisions found in the State's 

rule 20.2.87 NMAC, GHG Emissions Reporting. 

SLIDE 3 

Background 20.11.48 NMAC 

2. The Air Board adopted 20.11.48 NMAC, Greenhouse Gas 

Emissions Reporting, on November 29, 2007, which became effective on 

January 1, 2008. The purpose of20.11.48 NMAC was to provide a 

mechanism for measuring and reporting emissions ofGHGs, thereby 

facilitating the collection of information that could provide a basis for policy 

decisions; enhance the County-wide GHG EI first compiled in 2005; and 

2 
prepare GHG-emitting facilities for participating in a market-based 

emissions reduction program. 

SLIDE 4 

Applicability of20.11.48 NMAC 

20.11.48 NMAC currently requires owners and operators of three categories 

of stationary facilities within Bernalillo County to submit annual GHG 

emissions reports to the Division. These categories are: 

(a) electrical generating facilities with nameplate capacity to generate 

equal to or greater than 25 megawatts of electricity (presently only two 

facilities in Bernalillo County are in this category: the Public Service 

Company ofNew Mexico and Delta Power); 

(b) petroleum refining facilities with the industry classification code 

specified in 20.11.48 NMAC (however no such oil and gas production 

facility operates in Bernalillo County, and no such petroleum refining 

facility is expected to ever operate within Bernalillo County); and 

(c) cement manufacturing facilities that meet the requirements of 

20.11.48 NMAC (which applies only to one facility in Bernalillo County: 

the GCC Rio Grande Portland cement facility located in Tijeras Canyon). 

[20.11.48.200.A NMAC]. 

SLIDE 5 

Changes to GHG EI Reporting 

3 
3. In the interim since these two rules were adopted,there have been 

two dramatic changes in the area ofGHG EI reporting. First on October 30, 

2009, the EPA promulgated their 'Mandatory Reporting ofGHG Final Rule' 

[Federal Register Vol. 74, NO. 209, 56260-56519], effective December 29, 

2009, codified at 40 CFR 98, entitled Mandatory GHG Reporting. This rule 

encompasses all of the GHG EI reporting requirements of20.11.48 NMAC, 

as well as the reporting requirements for GHGs in 20.11.47 NMAC; thereby 

causing sources to report to both the Division and EPA, with two different 

reports resulting in duplicative efforts and places an unnecessary burden on 

the sources. Secondly, the New Mexico Environmental Improvement Board 

(EIB) has repealed their rules addressing GHGs, specifically 20.2.300 

NMAC, Reporting of Greenhouse Gas Emissions (alk!a 20.2.87 NMAC, 

· GHG Emissions Reporting), upon which 20.11.48 NMAC was modeled. 

The Air Act requires the City of Albuquerque and the County of Bernalillo 

to enact enabling ordinances that provide for local Air Board regulations that 

are as "stringent as" the regulations adopted by the EIB [NMSA 74-2-4.C]. 

Since the EIB has dismantled its' GHG program, there are no longer any 

EIB rules addressing GHG El reporting that the Air Board must be as 

'stringent as'. 

4. The use of the terms: "air contaminants" and "regulated air 

contaminant", are internally inconsistent within 20.11.47 NMAC, and so are 

proposed to be superseded by the term "regulated air pollutant" for clarity. 

SLIDE 6 

Proposed Changes to 20.11.47 & 48 NMAC 

Therefore, the Divisions is proposing to: 

remove all provisions requiring local GHG emissions reporting [i.e. 

20.11.47.15 NMAC]; 

remove concomitant definitions regarding GHGs from 20.11.47.7 NMAC; 

replace terms "Air Contaminant" and "Regulated Air Contaminant" with the 

term "Regulated Air Pollutant"; and 

4 
repeal 20. I I .48 NMAC in its entirety. 

SLIDE 7 Request 

This hearing has been legally noticed as shown by AQD Exhibits 2a, 2b, and 

2c. There have not been any negative comments received regarding this 

proposal, only a "No comment" received by EPA, shown as AQD Exhibit# 

4. Therefore, the Environmental Health Department of the City of 

Albuquerque, by and through the Air Quality Division, asks the 

Albuquerque-Bernalillo County Air Quality Control Board to adopt 

amendments to 20. I 1.47 NMAC, Emissions Inventory Requirements as 

shown in AQD Exhibit #Ia, and submit these amendments to EPA as a 

revision to the State Implementation Plan (SIP), and repeal 20.11.48 NMAC, 

Greenhouse Gas Emissions Reporting in its entirety, as shown in AQD 

Exhibit #lb. 

SLIDE 8 

Questions 

That concludes my presentation, and I request that exhibits I through 4 be 

moved into the record {"so moved"}, and I stand for questions 

5 
Page 1 of2 

Butt, Neal T. ' AQD EXHIBIT 

~ 4 

From: John Walser [Walser.John@epamail.epa.gov] I 

Sent: Wednesday, July 11, 2012 10:04 AM 

To: Butt, Neal T. 

Cc: Alan Shar; Carl Young; Guy Donaldson; Nieto, Margaret 

Subject: Re: EPA Review Drafts for 20.11.47 NMAC, Emissions Inventory Requirements, and 20.11.48 

NMAC, Greenhouse Gas Emissions Reporting 

Attachments: 20_11_ 47 NMAC EPA Review Draft 5-23-12.doc; 20_11 _ 48 NMAC EPA Review Draft 4-23-

12.doc 

Hello Neal, 

Thank you for the opportunity to review the drafts for 20.11.47 NMAC, Emissions Inventory Requirements 

and 20.11.48 NMAC, Greenhouse Gas Emissions Reporting. 

We have no comments on your proposal to amend 20.11.47 and repeal 20.11.48. 

Again, thank for your time, and if you have any questions, please do not hesitate to contact me. 

Best, 

John 

Mr. John Walser 

Air Planning Section 

U.S. Environmental Protection Agency, Region 6, 6PD-L 

1445 Ross Avenue 

Dallas, Texas 75202-2733 

(214) 665-7128 

walser.john@epamail.epa.gov 

From: "Butt, Neal T." <NButt@cabq.gov> 

To: John Walser/R6/USEPAIUS@EPA 

Cc: Carl Young/R6/USEPAIUS@EPA, Alan Shar/R6/USEPAIUS@EPA, Guy Donaldson/R6/USEPA!US@EPA, "Nieto, Margaret" 

<mnieto@cabq.gov> 

Date: 05/23/2012 11 :52 AM 

Subject: EPA Review Drafts for 20.11.47 NMAC, Emissions Inventory Requirements, and 20.11.48 NMAC, Greenhouse Gas Emissions 

Reporting 

John, 

Due to the enactment of the Federal Mandatory Reporting of Greenhouse 

Gases Rule on December 29, 2011 [FR 11/29/11, Vol. 76, No. 229, 73886-

73910], local reporting of GHG emissions is now duplicative. Therefore, the 

Air Quality Division (AQD) is proposing to amend 20.11.47 NMAC, Emissions 

Inventory Requirements, and repeal 20.11.48 NMAC, Greenhouse Gas 

Emissions Reporting in toto. In addition, the various and sundry terminology 

7/11 /2012 
Environmental Health Scientist 

Air Quality Division 

(505) 768-2660 

Page 2 of2 

«20_11_ 47 NMAC EPA Review Draft 5-23-12.doc» «20_11_ 48 NMAC EPA Review Draft 4-23-12.doc» 

7/11/2012 
Butt, Neal T. 

From: 

Sent: 

To: 

Cc: 

Delapp, Robin [Robin.Delapp@pnmresources.com) 

Wednesday, May 16, 2012 10:59 AM 

Butt, Neal T. 

Horn, Claudette; Williams, Mark A. 

• AQD EXHIBIT 

g 5 

I 

Subject: FW: PNM Comments on Stakeholder Review Drafts of 20.11.47 NMAC and 20.11.48 NMAC 

Follow Up Flag: Follow up 

Flag Status: Purple 

Neil, 

PNM hereby submits comments on the proposed amendments to 20.11.47 NMAC Emissions 

Inventory Requirements and on the repeal of 20.11.48 NMAC Greenhouse Gas Emissions 

Reporting. 

20.11.47 NMAC- Emissions Inventory Requirements 

PNM supports the proposed amendments to the Emissions Inventory Requirements which 

include deleting references to greenhouse gas emissions inventory requirements. 

20.11.48 NMAC- Greenhouse Gas Emissions Reporting 

PNM supports repeal of this regulation. PNM reports greenhouse gas emissions to the EPA for 

our major source in Bernalillo County. Repeal of 20.11.48 NMAC will eliminate reporting 

redundancy. PNM supports reporting of greenhouse gas emissions on a national level. In this 

way, consistent information is collected from similar facilities around the country and there is 

only one source for the public to retrieve greenhouse gas emissions data. 

Thanks for this opportunity to comment during the stakeholder review process . 

Robin DeLapp . ~ 

Technical Project Manager, PNM Resources 

Alvarado Square, Mail Stop 2104 

Albuquerque, New Mexico 87158 

. phone: (505) 241-2016/ fax: (505) 241-2384 

cell: (505) 362-0730/ email: Robin.DeLapp@pnmresources.com 
ATTACHMENT D 

Attachment Dis a copy of the Hearing Record Transcripts for October 10, 2012 
505-243-5018

KATHY TOWNSEND COURT REPORTERS

1 (Pages 1 to 4)

Page 1

 ALBUQUERQUE-BERNALILLO COUNTY

 AIR QUALITY CONTROL BOARD

 AQCB Petition No. 2012-5

IN THE MATTER OF THE PETITION

TO AMEND 20.11.47 NMAC, EMISSIONS INVENTORY

REQUIREMENTS, INCORPORATE SAID AMENDMENTS

INTO THE NEW MEXICO STATE IMPLEMENTATION PLAN

FOR AIR QUALITY (SIP) AND REPEAL 20.11.48 NMAC,

GREENHOUSE GAS EMISSIONS REPORTING

 TRANSCRIPT OF PROCEEDINGS

 BE IT REMEMBERED that on the 10th day of

October, 2012, the above-entitled matter came on for

hearing and decision before the Albuquerque-Bernalillo

County Air Quality Control Board, taken at the Vincent

E. Griego Chambers of the Albuquerque-Bernalillo County

Government Center, One Civic Plaza, Albuquerque, New

Mexico, at the hour of 5:34 p.m.

Page 2

1 A P P E A R A N C E S

2 For the Albuquerque-Bernalillo County Air Quality

Control Board:

3

 DR. MARGARET MENACHE, Vice-chair, County

4 MS. KELSEY CURRAN, City

 MR. ART SHARPE, City

5 DR. DONA UPSON, Chair, City

 MR. STEPHEN S. BACA, County

6 MR. JACK SULLIVAN, City

7 MR. BILL GRANTHAM, Board Attorney and Hearing

 Officer

8

9 For the Air Quality Division of the Environmental Health

Department:

10

 NEAL BUTT

11 Environmental Health Scientist

 Air Quality Division

12 Environmental Health Department

 One Civic Plaza, Northwest

13 Suite 3023

 Albuquerque, New Mexico 87103

14 (505) 768-2660

15 Also Present:

16 ISREAL TAVAREZ

 DARIO ROCHA

17

18

19

20

21

22

23

24

25

Page 3

1 I N D E X

2 PAGE

3 WITNESSES:

4 NEAL BUTT

5 Direct Testimony 7

6 Examination by the Board 13

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Page 4

1 E X H I B I T S

2 ADMITTED

3 AQD:

4 1. Petition to Amend 20.11.47 NMAC,

5 Emissions Inventory Requirements,

6 Incorporate Said Amendments into the

7 New Mexico State Implementation Plan

8 For Air Quality (SIP) and Repeal

9 20.11.48 NMAC, Greenhouse Gas

10 Emissions Reporting 13

11 1a. Public Review Draft 20.11.47 NMAC 13

12 1b. Public Review Draft 20.11.48 NMAC 13

13 2a/b/c. Published notices of proposed

14 rulemaking 13

15 3. Direct Testimony 13

16 4. Comments received from EPA 13

17 5. Comments received from PNM 13

18

19

20

21

22

23

24

25
505-243-5018

KATHY TOWNSEND COURT REPORTERS

2 (Pages 5 to 8)

Page 5

1 MR. GRANTHAM: Good evening.

2 I'll go ahead and call the hearing into

3 session.

4 This public hearing is being held on

5 October 12th, 2012, in the Vincent E. Griego Chambers of

6 the Albuquerque-Bernalillo County Government Center in

7 Albuquerque, New Mexico. The time is 5:35 p.m.

8 This is a hearing of the

9 Albuquerque-Bernalillo County Air Quality Control Board

10 in the matter of the petition to amend 20.11.47 NMAC,

11 Emissions Inventory Requirements, incorporate those

12 amendments into the New Mexico State Implementation Plan

13 For Air Quality, or SIP, and to repeal 20.11.48 NMAC,

14 Greenhouse Gas Emissions Reporting.

15 Both of these are in Petition Number AQCB

16 2012-5.

17 My name is Bill Grantham, and I'm an attorney,

18 and I advise the Board, but I'm not a member of the

19 Board, and I've been authorized by the Board to conduct

20 this hearing.

21 The members present at the hearing tonight --

22 excuse me -- are Mr. Steve Baca, Chair Dr. Donna Upson,

23 Vice-chair Dr. Margaret Menache, Mr. Art Sharpe and

24 Ms. Kelsey Curran.

25 We'll begin the hearing tonight with the

Page 6

1 testimony of the proponent, the Air Quality Division of

2 the Albuquerque Environmental Health Department.

3 No other parties have entered appearances in

4 this hearing, but if there are any members of the public

5 who would like to provide nontechnical comments, you'll

6 have an opportunity to do so, and you can also ask

7 questions of the Department after the Board has finished

8 their questions.

9 If you would like to testify, please sign up

10 at the front table here.

11 Air Board hearings do not follow the Rules of

12 Evidence as used in a court of law, but, however, it is

13 important to remember the Board must make its decision

14 based on the sworn testimony and evidence that has been

15 submitted at this hearing, and that sworn testimony will

16 become part of the hearing record.

17 Everyone who testifies will be sworn in by the

18 court reporter before giving testimony and must identify

19 him- or herself for the record and indicate if they

20 represent another person or an organization.

21 And after the witness testifies, the Board and

22 I may have questions.

23 After that, again, as I've said, there's an

24 opportunity for questions from members of the public

25 that are related to the testimony that has just been

Page 7

1 given.

2 And after the hearing closes tonight, since a

3 quorum of the Board is present and this item has been

4 announced as an action item in the agenda, the Board is

5 expected to consider whether to adopt these proposals.

6 As usual, I must instruct the Board that in

7 making its regulations in accordance with the New Mexico

8 Air Quality Control Act, Section 74-2-5E, the Board

9 shall give the weight it deems appropriate to all facts

10 and circumstances, including but not limited to the

11 character and degree of injury to or interference with

12 health, welfare, visibility and property, and, two, the

13 public interests, including social and economic value of

14 the sources and those subject to air contaminants.

15 With that, Mr. Butt, are you ready to proceed?

16 MR. BUTT: Yes, Mr. Hearing Officer.

17 NEAL BUTT

18 having been first duly sworn or affirmed, was

19 examined and testified as follows:

20 DIRECT TESTIMONY

21 MR. BUTT: Thank you, Madam Chair Upson,

22 members of the Board, Mr. Hearing Officer, my name is

23 Neal Butt. I'm an environmental health scientist with

24 the Control Strategies Section of the Air Quality

25 Division.

Page 8

1 I'm here in the matter of the petition to

2 amend 20.11.47 NMAC, entitled Emissions Inventory

3 Requirements, to incorporate said amendments into the

4 New Mexico State Implementation Plan For Air Quality, or

5 SIP, and to repeal 20.11.48 NMAC, entitled Greenhouse

6 Gas Emissions Reporting.

7 This will be the Air Quality Control Board

8 Petition Number 2012-5.

9 The Air Board adopted 20.11.47 NMAC, Emissions

10 Inventory Requirements, on March 12th, 2008, which

11 became effective on May 1st, 2008.

12 This new rule was adopted to facilitate the

13 efficient collection and reporting of emissions

14 inventory data from sources within Bernalillo County.

15 These inventories are required by 40 CFR 51

16 Subpart A, entitled Emissions Inventory Reporting

17 Requirements, as well as the consolidated emissions

18 reporting rule, or CER.

19 Before this rule, the Division collected this

20 data under the aegis of the individual source's permit

21 or through data requests. This rule standardized the

22 methodology and format for EI reporting. This rule also

23 provided baseline data for specific air pollutants for a

24 specific area and source categories in order to analyze

25 the conditions in our air shed.
505-243-5018

KATHY TOWNSEND COURT REPORTERS

3 (Pages 9 to 12)

Page 9

1 This information provided a basis for planning

2 of future regulations and policies. This rule also

3 provided consistency in the EI reporting for sources in

4 Bernalillo County and the rest of the state by mirroring

5 provisions found in the state's rule 20.2.87 NMAC,

6 entitled Greenhouse Gas Emissions Reporting.

7 The Air Board adopted 20.11.48 NMAC,

8 Greenhouse Gas Emissions Reporting, on November 29th,

9 2007, which became effective on January 1st, 2008.

10 The purpose of 20.11.48 NMAC was to provide a

11 mechanism for measuring and reporting emissions of

12 greenhouse gases, thereby facilitating the collection of

13 information that could provide a basis for policy

14 decisions, enhance the countywide greenhouse gas

15 emissions inventory first compiled in 2005, and prepare

16 greenhouse gas-emitting facilities for participating in

17 a market-based emissions reduction program.

18 20.11.48 currently requires owners and

19 operators of three categories of stationary facilities

20 within Bernalillo County to submit annual greenhouse gas

21 emissions reports to the Division.

22 These categories are:

23 A, electrical generating facilities with

24 nameplate capacity to generate equal to or greater than

25 25 megawatts of electricity. There are presently only

Page 10

1 two facilities in Bernalillo County that are in this

2 category, Public Service Company of New Mexico and Delta

3 Power.

4 B, petroleum refining facilities with the

5 industry classification code specified in 20.11.48 NMAC.

6 However, no such oil and gas production facilities

7 operate in Bernalillo County, and no such petroleum

8 refining facility is expected to ever operate within

9 Bernalillo County.

10 And C, cement manufacturing facilities that

11 meet the requirements of 20.11.48 NMAC, which applies

12 only to one facility in Bernalillo County, the GCC Rio

13 Grande Portland cement facility located in Tijeras

14 Canyon.

15 In the interim, since these two rules were

16 adopted, there have been two dramatic changes in the

17 area of greenhouse gas emissions reporting.

18 First, on October 30th, 2009, the EPA

19 promulgated their Mandatory Reporting of Greenhouse Gas

20 Emissions Final Rule, effective December 29, 2009,

21 codified at 40 CFR 98, entitled Mandatory Greenhouse Gas

22 Reporting.

23 This rule encompasses all the greenhouse gas

24 emissions inventory reporting requirements of 20.11.48

25 NMAC, as well as reporting requirements for greenhouse

Page 11

1 gases in 20.11.47 NMAC, thereby causing sources to

2 report to both the Division and to EPA, with two

3 different reports resulting in duplicative efforts and

4 placing an unnecessary burden on sources.

5 Secondly, the New Mexico Environmental

6 Improvement Board, or EIB, has repealed their rules

7 addressing greenhouse gases, specifically 20.2.300 NMAC,

8 entitled Reporting of Greenhouse Gas Emissions, also

9 known as 20.2.87 NMAC, Greenhouse Gas Emissions

10 Reporting, upon which 20.11.48 was modeled.

11 The Air Act requires the City of Albuquerque

12 and the County of Bernalillo to enact enabling

13 ordinances that provide for local Air Board regulations

14 that are as stringent as the regulations adopted by the

15 EIB.

16 Therefore, since the EIB has dismantled its

17 greenhouse gas program, there are no longer any EIB

18 rules addressing greenhouse gas emissions inventory

19 reporting that the Air Board must be as stringent as.

20 And four, the use of the terms "air

21 contaminants" and "regulated air contaminant" are

22 internally inconsistent within 20.11.47 NMAC and so are

23 proposed to be superseded by the term "regulated air

24 pollutant" for clarity.

25 Therefore, the Division is proposing to remove

Page 12

1 all provisions requiring local greenhouse gas emissions

2 reporting at 20.11.47.15 NMAC, remove concomitant

3 definitions regarding greenhouse gases from 20.11.47.7

4 NMAC, replace terms "air contaminant" and "regulated air

5 contaminant" with the term "regulated air pollutant,"

6 and repeal 20.11.48 in its entirety.

7 This hearing has been legally noticed as shown

8 by Exhibits 2a, 2b and 2c. There have not been any

9 negative comments received regarding this proposal, but

10 there was a "no comment" received by EPA, shown as AQD

11 Exhibit 4, any comment from PNM in support of these

12 proposed changes, shown as AQD Exhibit 5, which was

13 inadvertently not included in the city's NOI.

14 Therefore, the Environmental Health Department

15 of the City of Albuquerque, by and through the Air

16 Quality Division, respectfully asks the

17 Albuquerque-Bernalillo County Air Quality Control Board

18 to adopt amendments to 20.11.47 NMAC, Emissions

19 Inventory Requirements, as shown in AQD Exhibit 1a, and

20 submit these amendments to EPA as revision to the State

21 Implementation Plan, or SIP, and to repeal 20.11.48

22 NMAC, Greenhouse Gas Emissions Reporting in its

23 entirety, as shown in AQD Exhibit 1b.

24 And that concludes my presentation, and I

25 request that Exhibits 1 through 5 be moved into the
505-243-5018

KATHY TOWNSEND COURT REPORTERS

4 (Pages 13 to 16)

Page 13

1 record, and I stand for questions.

2 MR. GRANTHAM: Thank you, Mr. Butt.

3 Exhibits 1 through 5 are admitted.

4 (Exhibits AQD 1 through 5 admitted into

5 evidence.)

6 MR. GRANTHAM: Are there questions from the

7 Board?

8 EXAMINATION

9 BY THE BOARD:

10 MR. GRANTHAM: Dr. Menache.

11 DR. MENACHE: Thank you, Mr. Butt.

12 I have a question -- well, does the EPA have

13 emissions inventory reporting requirements in place

14 that -- that facilities will still be required to comply

15 with once we've finished with our decision?

16 MR. BUTT: Madam Chair, Dr. Menache, members

17 of the Board, yes. And it's comprehensive and more

18 extensive, covers more sources. So not only will it

19 cover everything that we're right now asking sources to

20 comply with, but it goes much farther than that, in

21 sources that are not in our -- your two rules, 47 and

22 48.

23 DR. MENACHE: And then does the city or the

24 Air Quality Division ever -- rather than sort of

25 requiring a separate report be filed, does the Air

Page 14

1 Quality Division require a copy of what's filed, or does

2 the Air Quality Division ever have any way to make use

3 of that kind of information if someone is in violation

4 perhaps?

5 MR. BUTT: My understanding is that there's a

6 departmental policy that they send us a copy of

7 everything they send to EPA. But I would defer to the

8 technical panel.

9 (ISREAL TAVAREZ and DARIO ROCHA were duly

10 sworn or affirmed.)

11 MR. ROCHA: Dr. Menache, members of the Board,

12 the -- in regards to your question regarding submission

13 of emissions inventories, we -- we have access to these

14 emissions reports from EPA if necessary, but as of now,

15 we don't require them to be submitted to us, if it's

16 a -- if it's -- if they're reporting under the federal

17 rule.

18 But we do have access to those emissions

19 inventories if we need them.

20 DR. MENACHE: Would that ever be something

21 that, say, would become a permit requirement? Is that

22 the kind of thing that could become a requirement?

23 MR. ROCHA: Yeah. Actually -- actually it is

24 a permit requirement. Every --

25 DR. MENACHE: Filed with the fed.

Page 15

1 MR. ROCHA: Yes.

2 DR. MENACHE: Okay.

3 But not --

4 MR. ROCHA: Yes.

5 DR. MENACHE: -- provide a copy.

6 MR. ROCHA: Seven of our facilities that have

7 Title V permits have the federal rule in place because

8 it is an applicable requirement. Those facilities have

9 to submit greenhouse gas emissions reports to EPA as

10 required by 40 CFR 98.

11 DR. MENACHE: Okay. Thank you.

12 And then I had one other question on the

13 actual Exhibit 1a, which is the regulation.

14 On page 3, in line 8 -- so this is actually in

15 the Definitions section, but -- it actually begins in

16 line 55 on the preceding page, where it's the definition

17 of a regulated air pollutant. And then line 8, item

18 number (5) says "excluding greenhouse gases."

19 And I wonder if that's residual language from

20 when there was a Part 48, which dealt with greenhouse

21 gases specifically, because the way this reads to me

22 right now would be that even if any of the greenhouse

23 gases are regulated, they would be excluded from our

24 definition.

25 MR. BUTT: Vice-chairman Menache, my

Page 16

1 understanding is that that's intentional, because in --

2 within this rule, when we're referring to regulated air

3 pollutants, we're -- don't want to be referring to

4 greenhouse gases. And so if there's a place where

5 greenhouse gases are addressed, then it will be called

6 out.

7 But my understanding is that when that term is

8 used in here we don't want it to encompass greenhouse

9 gases.

10 DR. MENACHE: Even if they become regulated

11 like carbon dioxide. So if you have a carbon dioxide

12 excess, it's okay, because we're going to say it's not

13 regulated.

14 MR. ROCHA: Dr. Menache, members of the Board,

15 when you say "excess," are you speaking in terms of

16 exceeding like an emission rate?

17 DR. MENACHE: Correct.

18 MR. ROCHA: Okay.

19 Currently we -- we have no applicable

20 requirement to put an emission limit for CO2 or other

21 greenhouse gases in any of our major facilities. So

22 all -- right now EPA is simply collecting greenhouse gas

23 emissions data, more for policy purposes.

24 In the future, it appears that there may be

25 some -- some limits that are be -- that will be
505-243-5018

KATHY TOWNSEND COURT REPORTERS

5 (Pages 17 to 20)

Page 17

1 established through the new source performance standard

2 program or some kind of cap and trade regulation.

3 But as of now, there are no -- no limits that

4 are placed for CO2.

5 DR. MENACHE: So I just -- I find that number

6 (5) odd, but it's there because the rest of the

7 definition of regulated pollutant is really just any

8 pollutant which is regulated, basically.

9 So I don't -- I don't understand why -- I

10 mean, I do get what you're saying, that it, in fact, was

11 not regulated right now, but that -- it's data --

12 information is collected, but the definition -- it

13 wouldn't meet the definition of regulated air pollutant

14 right now.

15 MR. TAVAREZ: Dr. Menache, members of the

16 Board, I think to help clarify the point -- I know

17 Mr. Butt did touch on this -- if the Board can -- can

18 evaluate this regulation and just its context of looking

19 at the ability of the Air Quality Division to do

20 emissions inventories, and basically the changes to the

21 two regulations -- well, repealing one regulation,

22 making a change to the other regulation, which is

23 emissions inventory -- that allows us to stay focused on

24 the regulated air pollutants in that context.

25 Dr. Menache is exactly correct. In the

Page 18

1 broader context of the Air Quality Division and the air

2 quality programs, greenhouse gas -- greenhouse gases are

3 regulated air pollutants.

4 But from an emissions inventory reporting

5 standpoint, there is a federal reporting rule that

6 essentially trumps the -- any of the local requirements

7 that we have for reporting greenhouse gas emissions

8 inventories, and as Mr. Butt's testimony and

9 presentation went through, that causes confusion among

10 the regulated community.

11 So to reduce or eliminate that confusion,

12 we're taking that requirement out of the emissions

13 inventory requirements done here by Air Quality

14 Division. But in a broader context, greenhouse gases

15 are a regulated air pollutant that the Division has to

16 address.

17 But as Mr. Rocha commented, that process is

18 actually evolving, so, you know, it hasn't quite

19 matured, so right now essentially EPA is having

20 companies report those greenhouse gas emissions, and

21 they're essentially just reporting them but not

22 establishing emission limits for those greenhouse gas

23 emissions.

24 DR. MENACHE: So if I have this correct, then,

25 the greenhouse gases are considered to be regulated, but

Page 19

1 they're regulated only at the level of reporting

2 information, not regulated in the sense of a standard is

3 in place.

4 MR. TAVAREZ: I think that -- I think that's

5 pretty much true.

6 I guess what I wanted to say is looking at the

7 context of the way that the Division is operating its

8 emissions inventory program, the Division is leaving the

9 greenhouse gas reporting to the federal government,

10 because they have their federal rule, they have a

11 whole -- pretty elaborate system in place, very

12 equivalent -- very similar to what they set up for the

13 greenhouse gas -- or acid rain sources, similar type of

14 process.

15 So, you know, rather than us duplicating those

16 efforts, let's stay focused on those pollutants. But in

17 the broader sense, for our permitting program, if there

18 are permitting actions that are submitted to the Air

19 Quality Division that trigger -- there are some

20 thresholds that are triggered, then we would have to

21 incorporate that into the permits.

22 But as Mr. Rocha stated, there are some of the

23 sources -- three of those -- some of those being the

24 three that Mr. Butt covered in his presentation -- that

25 currently have requirements in their air quality permit

Page 20

1 to do the federal reporting on greenhouse gases to the

2 Environmental Protection Agency.

3 DR. MENACHE: Is the distinction here, then,

4 that this is -- this regulation is referring

5 specifically to Air Quality Division reporting

6 requirements, local air quality reporting requirements,

7 separate and distinct -- oops -- sorry -- separate and

8 distinct from the federal reporting requirements, so

9 that at the moment for the -- sort of general emissions

10 inventory, the -- the facilities listed would provide

11 information separately to Air Quality Division and to

12 EPA, and that this just says "You go ahead and do what

13 you're doing for the EPA, but for us, we're not going to

14 ask you for greenhouse gas information"?

15 MR. TAVAREZ: That's -- that's a fair

16 assessment for the nongreenhouse gas emissions.

17 The way the process works is the emission

18 information is collected by the Air Quality Division,

19 the City of Albuquerque, and then basically we evaluate

20 that, do some quality assurance, and then that

21 information is submitted electronically to the

22 Environmental Protection Agency.

23 So for all the nongreenhouse gas emissions,

24 the Air Quality Division acts as a middle person

25 somewhat, but there's a regulatory role in there, but we
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Page 21

1 evaluate -- gather the information, evaluate it, and

2 then we send that emissions inventory information on to

3 the Environmental Protection Agency.

4 DR. MENACHE: All right.

5 And then it just happens that the way the

6 greenhouse gases are at the moment, that that process

7 bypasses you.

8 MR. TAVAREZ: That's --

9 DR. MENACHE: And they report directly, but

10 otherwise it reports through you.

11 MR. TAVAREZ: Dr. Menache, members of the

12 Board, that's a correct assessment.

13 DR. MENACHE: Okay.

14 And so then that's why this is worded this

15 way.

16 MR. TAVAREZ: Yes.

17 DR. MENACHE: Thank you.

18 No more questions.

19 MR. GRANTHAM: Thank you, Dr. Menache.

20 I'd like to follow up on one of your

21 questions.

22 In regard to the definition of regulated air

23 pollutant, it seemed to me that one of the points -- one

24 of the implications of the point you were raising is

25 that -- say if a greenhouse gas such as carbon dioxide

Page 22

1 becomes a criteria pollutant, it would still be excluded

2 under this definition even though it's now meeting the

3 definition of what -- of elements (1) through (4) -- or

4 one of those elements.

5 So in other words, it's not really necessary

6 to say what's not necessary to report under this section

7 as long as you say what is necessary to report.

8 MR. TAVAREZ: Mr. Grantham, Dr. Menache,

9 members of the Board, I -- that's -- that's a fair

10 assessment. I think Dr. Menache characterized it pretty

11 well.

12 One of the -- the unique aspects of greenhouse

13 gas emissions are -- is the fact that they are -- the

14 federal government does require them to -- for

15 greenhouse gases, report directly to them rather than

16 going through the agency.

17 So that -- and since our -- this is a local

18 regulation attempting -- well, it is capturing all of

19 the emissions that the Air Quality Division is --

20 emissions information which is emissions information

21 that the Air Quality Division is gathering and then

22 ultimately reporting to EPA, that's why we want to

23 capture those -- those emissions which I'll -- I'll

24 generally characterize those as nongreenhouse gas

25 emissions.

Page 23

1 MR. GRANTHAM: So correct me if I'm wrong, but

2 my understanding is that greenhouse gases are a -- under

3 federal definition, they're a regulated air pollutant

4 under the mobile source provisions of -- of the act

5 under Title II, and that's where EPA made its

6 endangerment finding, and that's -- that's how

7 greenhouse gases became a regulated pollutant, and

8 that's not one of the four provisions in -- in

9 subsection W, Section 7.

10 So even if there wasn't that clause about

11 excluding greenhouse gases, it still wouldn't be pulled

12 into the reporting requirement.

13 MR. ROCHA: Mr. Grantham, members of the

14 Board, yeah, that's correct. The -- the endangerment

15 finding that was made by Administrator Lisa Jackson gave

16 EPA the authority to regulate greenhouse gases as a

17 regulated air pollutant under the Clean Air Act.

18 And in doing so, that -- that gave EPA the

19 authority to regulate stationary sources of -- of

20 greenhouse gases as well as mobile sources, as you

21 stated.

22 So -- and because -- because of the authority

23 that's been given to EPA, then any -- let's say we have

24 a permitting action here, under our jurisdiction, and

25 let's say a new source -- a new power plant were to be

Page 24

1 constructed. The applicant would have to submit

2 emissions estimates for greenhouse gases, and we would,

3 of course, include that as part of the permit.

4 So -- so in essence, we do have the authority

5 to impose those conditions on a permit, as well as

6 imposing limits on criteria pollutants.

7 MR. GRANTHAM: Thank you.

8 DR. MENACHE: Does this mean that should

9 carbon dioxide become sort of what I think of as a

10 properly regulated criteria pollutant this regulation

11 would have to be redone immediately?

12 MR. ROCHA: Dr. Menache, members of the Board,

13 yeah. Carbon dioxide is not a criteria pollutant. You

14 know, criteria pollutants are specified -- you know,

15 there are six criteria pollutants --

16 DR. MENACHE: Right.

17 MR. ROCHA: -- that are -- that have standards

18 tied to them. There are no, I guess, concentration

19 standards that have been developed for carbon dioxide

20 similar to those that are for criteria pollutants.

21 The approaches that EPA is using to regulate

22 carbon dioxide stem more from enhancing efficiency of

23 process units, like, say, a combustion unit, you know,

24 creating standards that they have to meet in order to

25 make the process unit run more efficiency so that it
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KATHY TOWNSEND COURT REPORTERS

7 (Pages 25 to 28)

Page 25

1 emits less carbon dioxide.

2 But eventually, they may propose some type of

3 emissions standard for carbon dioxide. We haven't seen

4 those yet, but what we -- but it's possible that, you

5 know, we could see those in the future.

6 If those standards are developed, like some

7 kind of a cap and trade program, then we would have to

8 impose limits for carbon dioxide on that permit. But as

9 of now, those standards don't exist yet, because it's --

10 because this program is still in its infancy, so --

11 DR. MENACHE: So would this definition be sort

12 of negatively impacted if that number (5) was simply

13 excluded?

14 So that in the eventuality that -- I mean,

15 I've been saying carbon dioxide because I know that's

16 the bulk, but there are some other greenhouse gases, as

17 well.

18 But should one of them become regulated with a

19 standard, then it would meet the criteria laid out in

20 points (1) through (4), whereas right now if somehow one

21 of them did get a standard associated with it, then I

22 think that your hypothetical power facility could come

23 to you and say, "Yeah, but we don't have to report

24 greenhouse gases."

25 MR. ROCHA: Dr. Menache, members of the Board,

Page 26

1 the -- the term "regulated air pollutant" -- I would

2 have to see how it applies under our New Source Review

3 regulation. We use -- we use that definition -- well,

4 we -- let me consult our regulation real quick.

5 DR. MENACHE: Sure.

6 MR. ROCHA: The definitions that we use come

7 from the state Air Quality Control Act, and we would be

8 consistent with that -- with the definition, you know,

9 under the Air Act now.

10 DR. MENACHE: So that would override anything

11 that we had.

12 MR. ROCHA: Right.

13 DR. MENACHE: Okay.

14 MR. ROCHA: Right now we have no exclusion for

15 greenhouse gas -- for regulating greenhouse gas

16 emissions under our current New Source Review

17 regulations. So because of that, I believe we have the

18 authority to -- to impose limits for greenhouse gases

19 if -- if there is a federal requirement to do so.

20 MR. BUTT: And also, Dr. Menache, (1) through

21 (4), my understanding, is verbatim from 20.11.1.7.NNN,

22 and then the (5) is to make the Part 47 internally

23 consistent, because if that wasn't in there, then the --

24 wherever that term "regulated air pollutant" is used

25 inside 47 would be wrong, because it would be asking for

Page 27

1 greenhouse gases.

2 And it -- I don't think it has further

3 ramifications outside of this rule, but it would be

4 internally -- it would be internally consistent with 47

5 and also would have a conflict with (1), the way I

6 understand it.

7 MR. ROCHA: Dr. Menache, members of the Board,

8 by leaving that exclusion of greenhouse gases under the

9 Part 47, we would still want that in there, because we

10 still would like facilities to report their greenhouse

11 gas emissions directly to EPA.

12 Right now, we don't have the -- all of the

13 methodologies necessary to -- to estimate greenhouse gas

14 emissions from various source categories, because the

15 federal rule captures more sources than -- than our Part

16 48 rule. So -- so -- but as I stated earlier, our --

17 our Part 41 NSR regulation does give us the authority to

18 impose limits if it's required.

19 DR. MENACHE: Okay. Thank you.

20 MR. GRANTHAM: Mr. Sharpe.

21 MR. SHARPE: We're talking greenhouse gases,

22 and that seems to me that that's kind of almost a

23 euphemism for CO2. In reality, the -- you know, methane

24 is many, many times more of a greenhouse gas.

25 And I never hear anything about, you know,

Page 28

1 landfills and dairies and feedlots and stuff like that

2 where -- is anything being done along those lines?

3 MR. ROCHA: Board Member Sharpe, members of

4 the Board, yes. Actually, you know, as I mentioned

5 earlier, seven of our Title V sources have the federal

6 reporting rule as a condition in their permits. So the

7 Cerro Colorado Landfill has to report their greenhouse

8 gas emissions directly to EPA.

9 MR. SHARPE: Oh, great.

10 MR. ROCHA: But as of now, they're simply just

11 reporting them --

12 MR. SHARPE: Yeah.

13 MR. ROCHA: -- and they're not -- there's

14 no -- there's no limits on how much they can emit as of

15 now, because there's no -- no standard that's been

16 developed for that source category.

17 MR. SHARPE: But they're not getting a free

18 pass is what you're saying.

19 MR. ROCHA: Right.

20 MR. SHARPE: Okay.

21 MR. GRANTHAM: Mr. Baca.

22 MR. BACA: So I thought where you might be

23 going with that, Art, is the definition of greenhouse

24 gas.

25 MR. SHARPE: I've been down that road.
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KATHY TOWNSEND COURT REPORTERS

8 (Pages 29 to 32)

Page 29

1 MR. BACA: Maybe that's -- what's that?

2 MR. SHARPE: I've been down that road.

3 MR. BACA: And maybe that's for marketed

4 facilities.

5 Do we need to have greenhouse gases back in

6 the definition if we're going to reference it in section

7 W?

8 MR. BUTT: Member Baca, my opinion is yes,

9 because it comes in play, as been touched on. For

10 greenhouse gas tailoring rule, if there is Title V

11 permits or PSD permits or New Source Review permits that

12 are greenhouse gas related, you're going to need a frame

13 of reference.

14 So my advice would be to leave it in your Part

15 1.

16 MR. BACA: So we don't need to have it in the

17 Definitions section here.

18 MR. BUTT: No, not greenhouse gases.

19 I thought I took it out.

20 MR. BACA: You did.

21 MR. BUTT: Right.

22 MR. BACA: In the definitions.

23 MR. BUTT: Right.

24 You don't need it in 47, but I would -- my

25 opinion is you do need it in 1.

Page 30

1 MR. BACA: Okay.

2 Thank you.

3 Oh, one other just little tidbit, and I'm sure

4 you're going to have an editor go through this.

5 The letter T in "to" on line 26 of page 1, I'm

6 sure the editor will get that capitalized, right?

7 That's the only comment -- only comment I had.

8 MR. GRANTHAM: Thank you.

9 Other questions from the Board?

10 I had, I guess, one other question.

11 You mentioned the Air Quality Control Act in

12 Section 74-2-4 and the requirement that the local --

13 local agencies be at least as stringent as regulations

14 adopted by the EIB, and since the EIB has revoked their

15 greenhouse gas regulations, there's not anything to be

16 as stringent as.

17 But is it the Division's position that that

18 requires you to repeal this or only that it allows you

19 to repeal this, these provisions?

20 MR. TAVAREZ: Mr. Grantham, members of the

21 Board, I believe it allows us to -- to repeal the

22 regulation.

23 And the reason I say that is one of the best

24 examples that probably comes to mind that the Air Board

25 members will probably be familiar with is we currently

Page 31

1 have -- the City of Albuquerque under the Air Board

2 regulations has a fugitive dust regulation, and that is

3 a local issue -- statewide issue, but I think because of

4 the urban nature of Albuquerque and Bernalillo County,

5 that this -- this Board has taken a pretty proactive

6 approach for a number of years with regards to that

7 issue.

8 If you look at the state's regulatory

9 structure, they don't have an equivalent regulation.

10 So, you know, if you took -- if you took the point that

11 we have to be, you know, as stringent as them, then we

12 wouldn't be able to have the fugitive dust regulation,

13 because the state does not have -- does not have a

14 fugitive dust regulation.

15 MR. GRANTHAM: Thank you. That's the way I

16 read the statute, too. It allows that the Board shall

17 provide standards and regulations not lower than those

18 required by the EIB. So I think that's correct. I just

19 wanted to understand your position.

20 Are there other questions from the Board?

21 At this point, if there's anybody in the

22 audience who would like to ask questions of the

23 witnesses related to their testimony?

24 Appears to be none.

25 Is there anyone in the audience who would like

Page 32

1 to make any comments on these proposed regulatory

2 revisions?

3 Seeing none, I'll ask the Board if there's any

4 reason the hearing should not be closed at this point?

5 Okay. The hearing is -- record is closed at

6 6:14 p.m.

7 MR. BUTT: Thank you.

8 MR. GRANTHAM: Thank you.

9 DR. UPSON: Thank you.

10 So I'll call the meeting to order at 6:15,

11 6:14, on October 10th, 2012. The -- sorry. Thank you.

12 The agenda has been distributed.

13 Are there any changes?

14 Is there a motion to accept the agenda?

15 MR. BACA: So moved.

16 DR. MENACHE: Second.

17 DR. UPSON: Motion has been moved and

18 seconded.

19 All in favor.

20 (Simultaneous responses.)

21 DR. UPSON: Passes unanimously.

22 Members of the Board who are present include

23 Mr. Stephen Baca, Mr. Jack Sullivan, Dr. Margaret

24 Menache, Vice-chair, Ms. Kelly Curran, and myself,

25 Dr. Donna Upson. Oh, Art Sharpe. Sorry. I had it
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9 (Pages 33 to 36)

Page 33

1 checked off right there.

2 Thank you.

3 The minutes have also been distributed from

4 the meeting of September 12th.

5 Are there any changes to the minutes?

6 MS. CURRAN: Yes. I did have a comment on the

7 other business. It was point C.

8 I believe that I misspoke at last -- at the

9 last meeting, and I just wanted to -- my intent is

10 really to address a workshop on the roles and

11 responsibilities of the Board members. It seems that

12 there's been some digression outside of what maybe the

13 roles of the Board are and possibly outside of our

14 jurisdiction.

15 I think it would be helpful to clarify what

16 those roles are for the Board members.

17 DR. UPSON: Thank you.

18 So do we need to have a motion to accept that

19 change before we vote on this?

20 Is there a motion to accept the change?

21 MR. BACA: So moved.

22 DR. UPSON: Second?

23 MR. SULLIVAN: Second.

24 DR. UPSON: All in favor say aye.

25 (Simultaneous responses.)

Page 34

1 DR. UPSON: Is there a motion to accept the

2 minutes as amended?

3 MR. BACA: So moved.

4 DR. UPSON: Second?

5 MS. CURRAN: Second.

6 DR. UPSON: All in favor say aye.

7 (Simultaneous responses.)

8 DR. UPSON: Okay.

9 And do we need -- do we need to take any

10 action on the workshop request at this time?

11 MS. NIETO: No.

12 DR. UPSON: Ms. Jones, is there anyone signed

13 up for public comment?

14 MS. JONES: No.

15 DR. UPSON: Thank you.

16 So item number 3 is the decision in the matter

17 of the petition to amend 20.11.47 NMAC.

18 So do I make a motion out of -- read the whole

19 thing and discuss it?

20 MR. GRANTHAM: Yes.

21 DR. UPSON: Okay. Thank you.

22 So I move that we accept the petition to amend

23 20.11.47 NMAC, Emissions Inventory Requirements,

24 incorporate said amendments into the New Mexico State

25 Implementation Plan For Air Quality (SIP) and repeal

Page 35

1 20.11.48 NMAC, Greenhouse Gas Emissions Reporting, AQCB

2 Petition Number 2012-5, AQCB Resolution 2012-4, as read.

3 Resolution 2012-4, adopting an amended

4 20.11.47 NMAC, Emissions Inventory Requirements,

5 incorporating said amendments into the New Mexico State

6 Implementation Plan For Air Quality and repealing

7 20.11.48 NMAC, Greenhouse Gas Emissions Reporting.

8 Whereas, the New Mexico Air Quality Control

9 Act ("Air Act"), NMSA 74-2-5, requires the

10 Albuquerque-Bernalillo County Air Quality Control Board

11 ("Air Board"), to "adopt, promulgate, publish, amend and

12 repeal regulations consistent with the Air Quality

13 Control Act to attain and maintain national ambient air

14 quality standards and prevent or abate air pollution,

15 including regulations prescribing air standards" within

16 Bernalillo County, and to meet requirements of the

17 United States Clean Air Act, the City of Albuquerque and

18 Bernalillo County Joint Air Quality Control Board

19 Ordinances, and the Albuquerque-Bernalillo County Air

20 Quality Control Board ("Air Board") Regulations; and

21 Whereas, on October 10, 2012, the Air Board

22 held a public hearing in the Vincent E. Griego Chambers,

23 on the basement level of the Albuquerque/Bernalillo

24 County Government Center, One Civic Plaza Northwest, in

25 Albuquerque, New Mexico, and the hearing was held

Page 36

1 consistent with the notice requirements of the New

2 Mexico Air Quality Control Act, and 20.11.82 NMAC,

3 Rulemaking Procedures - AQCB -- excuse me.

4 Whereas, on October 10, 2012, the Air Board

5 met and determined that 20.11.47 NMAC, Emissions

6 Inventory Requirements, should be amended, and that the

7 amended 20.11.47 NMAC should be submitted to EPA as a

8 revision in the New Mexico State Implementation Plan for

9 Air Quality -- excuse me.

10 Whereas, on October 10, 2012, the Air Board

11 met and determined that 20.11.48 NMAC, Greenhouse Gas

12 Emissions Reporting, should be repealed; and

13 Whereas, at the October 10, 2012 public

14 hearing, testimony was presented to establish a present

15 need, or a reasonably anticipated future need, which

16 exists to warrant taking the following actions to help

17 prevent or abate air pollution.

18 Now, therefore be it resolved by the Board

19 that:

20 1. The Board hereby adopts the amendments to

21 20.11.47 NMAC, Emissions Inventory Requirements, as

22 proposed in AQD Exhibit 1a, which was admitted at the

23 October 10, 2012 hearing;

24 2. The Board hereby directs staff to take all

25 actions necessary to submit the amended regulation to
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10 (Pages 37 to 39)

Page 37

1 EPA as a revision to the SIP;

2 3. The Board hereby repeals 20.11.48 NMAC,

3 Greenhouse Gas Emissions Reporting, as proposed in AQD

4 Exhibit 1b, which was admitted at the October 10, 2012

5 hearing;

6 4. The effective date of the amended 20.11.47

7 NMAC, Emissions Inventory Requirements, and the repealed

8 20.11.48 NMAC, Greenhouse Gas Emissions Reporting, shall

9 be November 12, 2012; and

10 5. Staff is hereby directed to submit the

11 amended 20.11.47 NMAC, Emissions Inventory Requirements,

12 and the repealed 20.11.48 NMAC, Greenhouse Gas Emissions

13 Reporting, to the State Records Center in the format

14 currently required by the State Records Center, without

15 changing the substance of the amendments as adopted by

16 the Air Board on October 10, 2012.

17 Any discussion?

18 Is there a second?

19 DR. MENACHE: Second.

20 DR. UPSON: Second. Thank you.

21 Any discussion?

22 Hearing none, all in favor --

23 (Simultaneous responses.)

24 DR. UPSON: -- say aye.

25 So the motion passes unanimously with a vote

Page 38

1 of one, two, three, four, five, six.

2 MR. SHARPE: Six.

3 DR. UPSON: Thank you.

4 Six for, zero against.

5 (Proceedings adjourned at 6:28 p.m.)

6

7

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Page 39

1 STATE OF NEW MEXICO )

2 ) ss.

3 COUNTY OF BERNALILLO )

4

5

6 I, CHERYL ARREGUIN, the officer before whom the

7 foregoing proceeding was taken, do hereby certify that

8 the witnesses whose testimony appears in the foregoing

9 transcript were duly sworn or affirmed; that I

10 personally recorded the testimony by machine shorthand;

11 that said transcript is a true record of the testimony

12 given by said witnesses; that I am neither attorney nor

13 counsel for, nor related to or employed by any of the

14 parties to the action in which this proceeding is taken,

15 and that I am not a relative or employee of any attorney

16 or counsel employed by the parties hereto or financially

17 interested in the action.

18

19

 NOTARY PUBLIC

20 CCR License Number: 21

 Expires: 12/31/2012

21

22 My Commission Expires: 12/12/15

23

24

25
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A

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