SUSANA MARTINEZ GOVERNOR

JOHNA. SANCHEZ LIEUTENANTGOVERNOR



### October 18,2012

Mr. Ron Curry Regional Administrator 

### State of New Mexico 

## ENVIRONMENTDEPARTMENT 

## RECEiVED

- 6P. 

## AIR PLANNING Office ofthe Secretary 

### HaroldRunnels 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 behalfofGovernor Susana Martinez to request approval ofthe 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, 20.11.47 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 ofNew 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 Westrnoreland, 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. A

### ttachment 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 necessarylegal 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 proposedchange 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 theform 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 publichearing(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 certif ied 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 aff ected sources including the EPA attainment/ nonattainment designation of the locations and the statusof 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 protectedif 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, justif ication 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 limitationsare 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 transmittalform required by the New Mexico State Records Center tofile a regulation or an amendment. Theform 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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Albuquerque-Bernalillo County Air Quality Control Board

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# 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 ofcertain 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 ofa 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 ofvalid continuous emissions monitoring data or source test data, the basis for determining actual emissions shall be quantified using actual operating hours, production rates, throughputs ofprocess materials, throughputs ofmaterials stored, usage ofmaterials. data provided in manufacturer's product specifications, material volatile organic compound (VOC) content reports, laboratory analyses, or any other technically acceptable data as approved by the department in advance and in writing. All calculations ofactual emissions shall use USEPA or department approved methods including emission factors and 

### assumptions. B. "Air pollution control equipment" means any device, equipment, process or combination thereofthe operation ofwhich would limit, capture, reduce, confine, or otherwise control [air sontaminants] regulated air pollutants or convert for the purposes ofcontrol 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 afeafben anei twa atems afol!ygen.] Reserved E. "Commencement" or "commence" means that an owner or operator has undertaken a continuous program ofconstruction or modification. F.**~'Construction"** means fabrication, erection, installation or relocation ofa stationary source, including temporary installations and portable stationary sources. G. "Emissions report" or "emissions inventory" means a listing, by source, ofthe amount of[aif OOHtaminantS ana greenhouse gas emissiansj regulated air pollutants discharged into the atmosphere. H. "Fuel carbon content" means the mass ofcarbon per unit ofheat content ofa fuel. I.**~'Fugitive** emissions" are those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening. J.**!'~Greenhouse** 

### gas" means any 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 afew:Ben anei feu.F atems ef hysrogen.] Reserved N. "Modification" means any physical change in, or change in the method ofoperation of, a stationary source that results in an increase in the potential emission rate ofany regulated air [sontaminant] pollutant emitted by the source or that results in the emission ofany regulated air [sontaminant] pollutant not previously emitted, but does not include: (I) a change in ownership ofthe source; (2) routine maintenance, repair or replacement; (3) installation ofair pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose ofcomplying with regulations adopted by the board or pursuant to the federal Clean Air Act; or (4) unless previously limited by enforceable permit conditions:

20.11.47 NMAC(a) an increase in the production rate, ifthe increase does not exceed the operating design capacity ofthe source; (b) an increase in the hours ofoperation; or (c) use ofan alternative fuel or raw material if, prior to January 6, 1975, the source was capable ofaccommodating such fuel or raw material, or ifuse ofan alternate fuel or raw material is caused by a natural gas curtailment or emergency allocation or any other lack ofsupply ofnatural gas. 

### 0. !""Nitrous oxide" means the ehemieal eempeunEI eentaining twe atems efnifregen and ene atem efellygeR.] Reserved P. hNonattainment area" means, for any regulated air pollutant, an area that has been designated as a nonattainment area under Section I07 ofthe federal act. Q. ""Operator'' means the person or persons responsible for the overall operation ofa facility. R. "'Owner" means the person or persons who own a facility or part ofa 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 ofa 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 ofthe source to emit a regulated air [eeRtamiRaRt] pollutant, including air pollution control equipment and restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored or processed, shall be treated as part ofits physical and operational design only ifthe limitation or the effect it would have on emissions is enforceable by the department pursuant to the Air Quality Control Act or the federal act. V. ""Potential to emit" means the maximum capacity ofa stationary source to emit [aH--aif eeRtamiRaRt] a regulated air pollutant under its physical and operational design, except that a physical or operational limitation on the capacity ofa source to emit [BR air eeRtamiRaRt] a regulated air pollutant, including air pollution control equipment and restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored. or processed, shall be treated as part ofits design ifthe limitation is federally enforceable; however, the potential to emit for nitrogen dioxide shall be based on total oxides ofnitrogen. 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 ofthe federal act; (3) any Class I or II substance subject to any standard promulgated under or established by Title VI ofthe federal act; or (4) any pollutant subject to a standard promulgated under Section 112 or any other reguirements established under Section 112 ofthe 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 ofoperation ofair pollution control equipment, process equipment or process for any purpose, except routine phasing out ofbatch 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 ofthe director ofthe department. AA. 

### I"'SulfHr llexaAuoride" meaRs tRe 

### ehemieal eempeuRel eentaining one atem efsulfuF anEI sin atems efAueriRe.] Reserved BB. "Sulfur oxidesfl means compounds containing sulfur and oxygen, including sulfur dioxide (SO,). CC.**I"T~e** elimote regisl'1'fl meaRs the R9flf!Fefit seF)leratieR eRtitlee "the elimate**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 1.47 NMAC 2DD. '"Western backstop sulfur dioxide trading program" means 20.11.46 NMAC, iftriggered as a backstop in accordance with the provisions ofthe 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 ofevery 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) ofSubsection 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 ifrequired 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 ofan 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 ofall regulated air pollutants included in the permit requested for any specified calendar year. (5) Except as provided in Paragraph (6) of Subsection B of20.1 1.47.14 NMAC, ifthe 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, ifany, and physical location ofthe stationary source; (3) the name and telephone number ofthe 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 beliefofthe certifying official, and including the full name, title, signature, date of signature, and telephone number ofthe 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 ofcontrol equipment and estimated control efficiency; (c) schedule ofoperation; (d) annual process or fuel combustion rates; (e) fuel heat, sulfur, and ash content; (f) actual emissions estimate in pounds per year oftotal suspended particulate, PM 10, PM 2

.5, ammonia, sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead, including fugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime; (g) speciated hazardous air pollutants, ifrequested by the department; and (h) a description ofthe methods utilized to make the estimates, including calculations; (6) for smelters. an annual report ofsulfur 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 ofnitrogen oxides and volatile organic compounds in pounds per day for a typical day during the peak ozone season for: (a) each emissions point; and (b) for each process and fuel type contributing to emissions from each point. E. Waiver of reporting requirements for insignificant emissions: The department may waive the requirements ofParagraph (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 ofemissions ofpollutants 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 ofSubsections A through E of20. 11.47.14 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. 47.1 §**~I**MAC applies to tile evmer or eperater ofevery 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 ofthe 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 ofgreenhouse gas eRiissions repoA:s. Ifa greenhe1:1se gas emissions repeFt is FBE:tUireel B)**~ub)laragrapl!** (a) ofParagraph (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 ofthe 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 20.1 1.47 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 (SO 2). 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.] ReservedNew 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, 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 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 f rom 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 INVENTORYREQUIREMENTS, 

### INCORPORATE SAID AMENDMENTS INTO THE NEW MEXICO STATE IMPLEMENTATION PLAN FOR AIR QUALITY (SIP) AND REPEAL 20.11.48 NMAC, GREENHOUSE GASEMISSIONSREPORTING



### Air Quality Division, Environmental Health Department, City ofAlbuquerque, 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 ofAlbuquerque Environmental Health Department, Air Quality Division ("the Division") hereby submits its Notice ofIntent to present technical testimony (NO!) in this proceeding.

1. 

### The person for whom the witness wiU testify. City ofAlbuquerque Environmental Health Department, Air Quality Division

2. The name and qualifications ofeach technical witness.

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

Division. M.S. Biology (Wildlife Biology), University ofNorth Dakota; B.S. Biology (Zoology), University ofNew 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 ofAlbuquerque's Environmental Health Department for 15 

### + years; the last 11 ofwhich have been in the Air Quality Division. Chief
Notice ofIntent Page 1 of7

### responsibility is the promulgation ofair quality regulations for implementation within the County

ofBernalillo.

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

ofAlbuquerque's Environmental Health Department, Air Quality Division for 16 +years. Previously employed by the State ofNew 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

ofAlbuquerque's Environmental Health Department, Air Quality Division for 11 +years. Previously employed by the State ofNew Mexico, Air Quality Bureau (1997-2000). Chief responsibility is to supervise Permitting and Technical Analysis Section.

3. Summarv and Estimated Duration ofTestimony



### 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 ofemissions inventory (EI) data froin sources
within Bernalillo County. These inventories are required by 40 CFR 51 Subpart A, entitled

Emissions Inventory ReportingRequirements, 

### as well as the consolidated emissions rule (CER).

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

Notice ofIntent 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 offuture regulations and policies. This rule also provided consistency in EI reporting for sources in Bernalillo County and the rest ofthe 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 ofGHGs, thereby facilitating the collection ofinformation 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 ofthree categories ofstationary 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 ofelectricity (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

Notice oflntent Page 3 of7

### (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 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 ofthe 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 

### (a/k/a 20.2.87 NMAC, GHG Emissions Reporting), 

### upon which

20.11.48 NMAC was modeled. The Air Act requires the City ofAlbuquerque 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 of7

### 4. The use ofthe 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 ofthe proposed amendments to 20.11.47 NMAC,

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

Exhibit# Ia, 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 of20.11.48 NMAC, Greenhouse Gas Emissions Reporting, shown as AQD Exhibit# Ib.

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



### 5. List and Description ofExhibits

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

Exhibit Number

AQD Exhibit I

AQD Exhibit Ia

AQD Exhibit I b Title ofExhibit

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 of7

### AQD Exhibits 2a!b/c Notice ofProposed 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 ofRights

This Notice ofIntent 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 ofintent 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 of7 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 ofthis Notice ofIntent 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 ofthis 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 of7

# 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

# 2Jut 1

# 9**P~l ~:**  

# I9

IN THE MATTER OF THE PETITION TO AMEND 20.11.47 NMAC, 

### EMISSIONSINVENTORYREQUIREMENTS, INCORPORATE SAID AMENDMENTS INTO THE NEW MEXICO STATE IMPLEMENTATION PLAN FOR AIR QUALITY (SIP) AND REPEAL 20.11.48 NMAC, 

### GREENHOUSE GAS EMISSIONSREPORTING

Air Quality Division, Environmental Health Department, City ofAlbuquerque, 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 ofAlbuquerque ("City"), by and through the Air Quality Division ("Division") ofthe 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 ofemissions 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 offuture regulations and policies. This rule also provided consistency in EI reporting for sources
in Bernalillo County and the rest ofthe 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 of20.11.48 NMAC was to provide a mechanism for measuring and reporting

emissions ofGHGs, thereby facilitating the collection ofinformation 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 ofthree 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 ofelectricity (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 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 ofthe 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 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 ofAlbuquerque and the County ofBernalillo 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 ofthe 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 of20.11.47 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 ofAlbuquerque

CERTIFICATION

I hereby certify that a copy ofthis 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



### 51 

### 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

. 11.47 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 lacksjurisdiction

. 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 ofAlbuquerque ROA 1994 Section 9

-5-1-4. 18 [20.11.47.3 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 ofa 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 ofcertain 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 ofElata 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 ofa 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 ofvalid 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 ofprocess materials, throughputs ofmaterials stored, usage ofmaterials, 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 ofactual emissions shall use USEPA or department approved methods including emission factors and 43 assumptions

. 44 B. "Air pollution control equipment" means any device, equipment, process or combination 45 thereofthe operation ofwhich would limit, capture, reduce, confine, or otherwise control [air eoataHiiBaats] 46 regulated air pollutants or convert for the purposes ofcontrol 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. ["C arbo&diaiide" meaBS the shemieal**ee~e'l:llla** eeatai:Biag oae aeem ofeareoa aad two atoms 51 ofoKygea.] Reserved 52 E. "Commencement" or "commence" means that an owner or operator has undertaken a 53 continuous program ofconstruction or modification

. 54 F. "Construction" means fabrication, erection, installation or relocation ofa stationary source, 55 including temporary installations and portable stationary sources

.

20.11.47 NMAC Public Review Draft, 7/19/ 121 G. "Emissions report" or "emissions inventory" means a listing, by source, ofthe 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 ofcarbon per unit ofheat content ofa 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 ofthe 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 ofea:rboa aad fow= atoms of 13 hydregea.] Reserved 14 N. "Modification" means any physical change in, or change in the method ofoperation of, a 15 stationary source that results in an increase in the potential emission rate ofany regulated air [ceatamiBa:et] pollutant 16 emitted by the source or that results in the emission ofany regulated air [eoataminaat] pollutant not previously 17 emitted, but does not include: 18 (1) a change in ownership ofthe source; 19 (2) routine maintenance, repair or replacement; 20 (3) installation ofair pollution control equipment, and all related process equipment and materials 21 necessary for its operation, undertaken for the purpose ofcomplying 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, ifthe increase does not exceed the operating design 25 capacity ofthe source; 26 (b) an increase in the hours ofoperation; or 27 (c) use ofan alternative fuel or raw material if, prior to January 6, 1975 , the source was capable 28 ofaccommodating such fuel or raw material, or ifuse ofan alternate fuel or raw material is caused by a natural gas 29 curtailment or emergency allocation or any other lack ofsupply ofnatural gas. 30 0. ["Nih'eus elide" meaes the chemical ce£Bpo1:1Ba eeataiaiRg twa atoms ofBitregea ems eae atom 31 ofexygea.] 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 ofthe federal act. 34 Q. "Operator" means the person orpersons responsible for the overall operation ofa facility. 35 R. "Owner" means the person orpersons who own a facility or part ofa 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 ofa 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 ofthe source to emit a regulated air [seatamiaaat] pollutant, including air pollution 44 control equipment and restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored or 45 processed, shall be treated as part ofits physical and operational design only ifthe 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 ofa 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 ofa source to emit [em air eeatamiaBftt] a regulated airpollutant, including air pollution 50 control equipment and restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored, or 51 processed, shall be treated as part ofits design ifthe limitation is federally enforceable; however, the potential to 52 emit for nitrogen dioxide shall be based on total oxides ofnitrogen

. 53 W. ["Regulated air eonleiBiBaot" meaas an air eoatamiaaat,**~e** emissioa or ambieat eoaeeat.J:atioa 54 ofy,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 21 

### 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 ofthe federal act: (3) any Class I or II substance subject to any standard promulgated under or established by Title VI ofthe federal act; or (4) an y pollutant subject to a standard promulgated under Section 112 or any other requirements established under Section 112 ofthe federal act: but {20.11.1.7.NNN NMAC} {5) excluding greenhouse gases as defmed 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. "Shutdown" means the cessation ofoperation ofair pollution control equipment, process equipment orprocess for any purpose, except routine phasing out ofbatchprocess units. 

### Z. "Stationary source" or "source" means a structure, building, equipment, facility, installation (including temporary installations), operation orportable 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 of20.11.47 NMAC with the prior written approval ofthe director ofthe 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 ofereati: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, iftriggered as a backstop in accordance with the provisions ofthe section 309 regional haze state implementationplan element for Albuquerque-Bernalillo county, New Mexico, to reduce regional sulfur dioxide emissions. [20.11.47.7 NMAC- N, 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: Iffor 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 ofremaining portions of20.11.47 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 of20.11.47 NMAC, Emissions Inventory Requirements, and the filing ofany amendment to 20.11.47 NMAC with the state records center and archives shall not affect any action pending for violation ofa city or county ordinance, a board regulation, or a permit, and shall not affect a petition filed pursuant to 20.11.47 NMAC. Prosecution for violation ofa prior statute, ordinance, part orpermit 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 31 A. Applicability. 20.11.47.14 NMAC applies to the owner or operator ofevery 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) ofSubsection A of20.11.47.14 NMAC 11 shall submit an emissions report ifrequired 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 ofan 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 ofall regulated air 17 pollutants included in the permit requested for any specified calendar year. 18 (5) Except as provided in Paragraph (6) ofSubsection B of20.11.47.14 NMAC, ifthe 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 ofemissions 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, ifany, and physical location ofthe stationary source; 27 (3) the name and telephone number ofthe 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 ofthe certifying official, and including the full name, title, signature, date of 31 signature, and telephone number ofthe 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 ofcontrol equipment and estimated control efficiency; 36 (c) schedule ofoperation; 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 oftotal suspended particulate, PM 10, 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, ifrequested by the department; and 43 (h) a description ofthe methods utilized to make the estimates, including calculations; 44 (6) for smelters, an annual report ofsulfur 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 ofnitrogen 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 eachprocess and fuel type contributing to emissions from each point.

20.11.47 NMAC Public Review Draft, 7/19112 41 E. Waiver ofreporting requirements for insignificant emissions. The department may waive the 2 requirements ofParagraph (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 ofemissions ofpollutants 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 of20.11.47.14 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

. 1 1.40**~IMAC ,**  

### &luFCe RegistFation

. 19 B. Repertillg FeEflliremeRts, 20 (I) Ally staaeRary sew=ee subjeet te l0.11

.41

. 1S M\'1!£, ifFelJ&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, eatBOt 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 ofthe 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

. Ifa greeabew;e gas emissieas ref'lert is reqYired 41 ay SYbparagraf!a (a) efParagraph (1) ofSueseeaea "Q ef29

. 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!F Oeea\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, 1 1/ 16/09] 48 49 HISTORY OF 20.11.47 NMAC: 50 Pre-NMAC History: none. 51 52 History ofRepealed Material: [Reserved] 53 54 NMAC History: [Reserved] 55

20.11.47 NMAC Public Review Draft, 7/19/ 12 

### 5I 2 3 

### 4 5 6 7 8 9 

### 10 II 

### 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 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,** 1 1 1/98]

: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 ef29.11.4 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 afa seetieR. [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.48.7**~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 efa EIHratiea tHat may with reasenaBie preSaBility 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 ef2Q.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 sfeeaHaiHie 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, 7/191121 I.**~'Creenltaase** gas" meaas**aa~·** eftHe fullswing: eaffiefl dienide, metHaae, aiH=etts eKide, 2 ByBFai-leeraeaFBens,**~eHluereeilf9BRS** er sulfur Renaf.lueFide. 3 J, "lndiFeet emissiens" meaRs emissieRs that are a eeeseEtUense efthe 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 efCelam'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:** 

### Iffer 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 efremainisg pertieas ef2Q.11. 48**}~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 efelestFieity; 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 aaBe 53 32731. CaleaBIH" year 2QQ8 sHall Be the Hrst year the evfRer er epemter efthe 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 bearB regu.latiee te repeFt 56 greenheu.se gBB emissiess may repeft vell:lataFily.

20.11.48 NMAC Public Review Draft, 7/19112 2I 

### 2 3 

### 4 5 6 7 8 9 

### 10 II 12 13 

### 14 15 16 17 

### 18 19 

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### 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 C. OwfleFS ar eperateFS reetuired by 2Q.ll.48**~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 af29.11.4 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 29.11.48**~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 repeFt fer saleAEIM year 2QQ8 sHall inshule all direst emissieBS efear'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 efeaFbea 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 repart 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 afSaFbaR 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 efeaeh 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 efgreeflhau.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 teeI 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, ifaltemal<! metheas are avoilal!le;



### 20.11.48 NMAC Public Review Draft, 7119/12 3I 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 (7) p•oviao fe• si!Bjllilioa ana limited aosumentalion of omissions that sollosti•>'oly**aeso~<nt** fe• live pereent ar less eftetal 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 BeliefeftRe eeFtifyisg efl.ieial; the eeFtifieatiea shall iseb:uie the full name, title, sigaatu:re, date efsignaWFe, and telepheae**st:~mber** efthe eeFtifyieg eff.ieial; anEI (9) iooluae t>'""iniens te •epefl: (a) tHe name and atidress efthe FeJ3Bfting evmer er efJemter; (b) tho name ana tolepheno numboF sftho peFSen te sontaet ••ga•aiag tho emissions Fef!eFI; (c) omissiens !fem fasilitios within thej...-.isaislien efthe aiF 'l"ality ssRifol esanl; (d) ifrereflea, emissiens frem fasililies leeatea en lneian lanes ana the name sfthe Insian Ratiea , tr-ibe er pu.eble; (e) ifrepeFted, emissiens fi:em faeilities leeateel is anather state er teffitery eftfte Usited States, asS the same efthe 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 efeaeh FetJBFted greenheu.se gas aad tHe metReS fer tetaliag all retJafteEi greenheuse gases; emissieas Elata sHall be IJrevideG ie uaits efmetris teas efeaFbea 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 efev.'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 efemissiess tftat**ee"eet+ve~** aeeeld'ftt fer f-ive pereem er less eftatal faeili-ty emisSiBRS, 8Jif3FBSSed as eamea QieJ£ide BEjYiva\eat. D. The avfR:er er eperater sHall iaelade is eaeH ar.nu.al repeFt 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 eftM set=tifyisg etlieial; the sMtit-ieaties shall iael\iele tM fuU Rame, title, sigaiHW'e, date efsigaaHire, and**tele~Jftene** RU:fH:ber efthe 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 iiOJOU RNALCOM 

# I

,... -:-;;:;r a; 0 Ill L I

### ~~~**'l! ·**  

## o' l I I 0 Ill o tlhe ALB UQU ERQUE J O URNA L



### 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 ofthe Albuquerque-Bernalillo 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 Repeal20.11.48 NMAC, Greenhouse Gas Emissions Reporting. The Air Quality Division (AQD) ofthe City ofAlbuquerque 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 ofemissions 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 ofthe 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 offuture regulations and policies. This rule also provided consistency in EI reporting for sources in Bernalillo County and the rest ofthe 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 of20.11.48 NMAC was to provide a mechanism for measuring and reporting emissions ofGHGs, thereby facilitating the collection ofinformation 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 ofthree categories ofstationary 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 ofelectricity (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 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 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 ofthe 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 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 ofAlbuquerque and the County ofBernalillo 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 ofthe 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 ofthe Air Board are open to the public and all interested persons are encouraged to participate. All persons who wish to testify regarding the subject ofthe hearing may do so at the hearing and will be given a reasonable opportunity to submit relevant evidence, data, views and arguments, orally or in writing, to introduce exhibits and to examine witnesses in accordance with the Joint Air Quality Control Board Ordinances, Section 9-5-1-6 ROA 1994 and Bernalillo County Ordinance 94-5, Section 6. Anyone intending to present technical testimony is 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 ofsubmitted 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 ofthe 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 ofthe 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 ofAlbuquerque Air Quality Division website. NOTICE FOR PERSON WITH DISABILITIES: Ifyou have a disability and/or require special assistance please call (505) 768-2600 [Voice] and special assistance will be made available to you to review any public meeting documents, including agendas and minutes. TTY users call the New Mexico Relay at 1-800-659-8331 and special assistance will be made available to you to review any public meeting documents, including agendas and minutes 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 ofthe 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) ofthe City ofAlbuquerque 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 ofthe 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 offuture regulations and policies. This rule also provided consistency in EI reporting for sources in Bernalillo County and the rest ofthe 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 ofGHGs, thereby facilitating the collection ofinformation 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 ofthree categories ofstationary 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 ofthe 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 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 ofAlbuquerque and the County ofBernalillo 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 20.11.48 NMAC in its entirety. 

### 2bNew Mexico Register I Volume XXIII, Number 16/ August 30,2012

4. The use ofthe 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 ofthe Air Board are open to the public and all interested persons are encouraged to participate. All persons who wish to testify regarding the subject ofthe hearing may do so at the hearing and will be given a reasonable opportunity to submit relevant evidence, data, views and arguments, orally or in writing, to introduce exhibits and to examine witnesses in accordance with the Joint Air Quality Control Board Ordinances, Section 9-5-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 ofsubmitted 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 ofthe 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 ofthe 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: Ifyou have a disability and/or require special assistance please call (505) 768-2600 [Voice] and special assistance will be made available to you to review any public meeting documents, including agendas and minutes. TTY users call the New Mexico Relay at 1-800-659-8331 and special assistance will be made available to you to review any public meeting documents, including agendas and minutes

### 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 Emi ssions 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 ofthe Albuquerque-Bernalillo 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 ofAlbuquerque 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 ofemissions

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 ofthe 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 ofthe 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 of20.11.48 NMAC was to provide a mechanism for measuring and reporting emissions ofGHGs, thereby facilitating the collection ofinformation 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 ofthree categories ofstationary 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 ofelectricity (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 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 ofthe GHG EI reporting requirements

9/5/2012 Page 2 of4

### 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 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 ofGreenhouse 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 ofAlbuquerque 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 20.11.48 NMAC in its entirety.

4. The use ofthe 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 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 ofthe Air Board are open to the public and all interested persons are encouraged to participate. All persons who wish to testifY regarding the subject ofthe hearing may do so at the hearing and will be given a reasonable opportunity to submit relevant evidence, data, views and arguments, orally or in writing, to introduce exhibits and to examine witnesses in accordance with the Joint Air Quality Control Board Ordinances, Section 9-5-1-6 ROA 1994 and

9/5/2012 Page 3 of4

### 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 OfIntent (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 ofsubmitted 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 ofthe 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 ofthe 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 ofAlbuquerque Air Quality Division website.

NOTICE FOR PERSON WITH DISABILITIES: Ifyou have a disability and/or require special assistance please call (505) 768- 2600 [Voice] and special assistance will be made available to you to review any public meeting documents, including agendas and minutes. TTY users call the New Mexico Relay at 1-800- 659-8331 and special assistance will be made available to you to review any public meeting documents, including agendas and minutes.

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 of4

### '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 ofthe Board. My name is

Neal Butt. I am an Environmental Health Scientist with the Control Strategies Section ofthe Air Quality Division,. I am here



## IN THE MATTER OF THE PETITION TO AMEND 20.11.47 NMAC, EMISSIONSINVENTORYREQUIREMENTS; 

## INCORPORATE SAID AMENDMENTS INTO THE NEW MEXICO STATE IMPLEMENTATION PLAN FOR AIR QUALITY (SIP); AND REPEAL 20.11.48 NMAC, GREENHOUSE GASEMISSIONS 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

ofemissions inventory (EI) data from sources within Bernalillo County.

These inventories are required by 40 CFR 51 Subpart A, entitled 

## Emissions Inventory ReportingRequirements, as well as the consolidated emissions

1

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

ofthe 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 offuture regulations and policies.

This rule also provided consistency in EI reporting for sources in Bernalillo County and the rest ofthe 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 ofinformation 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 ofthree categories

ofstationary 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 ofelectricity (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 ofthe 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 ofAlbuquerque and the County ofBernalillo 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 ofthe 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 ofthe 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 t he enact ment of the Federal Mandatory Reporting ofGreenhouse 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 /2012Environmental 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

AttachmentDis a copy of the Hearing Record Transcriptsfor 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

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS 6 (Pages 21 to 24) 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

## 505-243-5018 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.

## 505-243-5018 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

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS 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

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS 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 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 abate 35:14 36:17 ability 17:19 able 31:12 aboveentitled 1:16 accept 32:14 33:18

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