BRUCE KING 

GOVERNOR 

November 16, 1992 

OFFICE OF THE GOVERNOR 

STATE CAPITOL 

SANTA FE, NEW MEXICO 87503 

Mr. B. J. Wynne, Regional Administrator 

U.S. Envirornnental Protection Agercy, Region VI 

1445 Ross Avenue, SUite 1200 

Dallas, TeXas 75202-2733 

Dear Mr. Wynne: 

, ___ r·, . c 

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'NBV 9 ·• 

(505) 827-3000 

I request approval of the attached SIP document which is the Proposed 

SUpplement to the New Mexi= SIP Pertaining to the Small Business Assistance 

Program for Bernalillo County. 'Ihis sul::Inittal mirrors the Small Business 

Assistance Program which I will J:e sul::Initting for the remaining portions of the 

state of New Mexi= un:ler separate =ver. 

'Ihe AlbJquerque{Bernalillo County Air Quality Control Board approved this plan 

Octol:er 7, 1992 after public hearing as a supplement to the New Mexi= SIP. In 

your review you will find that it closely tracks the plan developed by the New 

Mexi= Envirornnent Deparbrent. 'Ihis will unify on a statewide basis the 

J:enefits to small businesses faced with air pollution permitting in the future. 

I have enclosed the five =pies of this sul::Inittal to facilitate your review and 

processing. 'Ihese =ntain administrative and technical support information 

included with each copy. 

I trust that this will satisfy the requirements of Section 507 of the 90CAAA. 

If you have any questions, please do not hesitate to contact Sara Kotchian, 

Director of the AlbJquerque Envirornnental Health Deparbrent at (505) 768-2600 

or Judith Espinosa, Secretary of the New Mexi= Envirornnent Deparbrent at (505) 

827-2850. 

Sincerely, 

~,;;:/(r~ Governor 

xc: Sara Kotchian, Director, 1\B;:l Envirornnental Health Deparbrent 

Judith Espinosa, Secretary, NM Envirornnent Deparbrent 
Proposed Supplement 

to the New Mexico SIP 

Pertaining to 

Small Business Stationary Source Technical and Environmental 

Compliance Assistance Program 

for 

Bernalillo County 

as Required by the 

Clean Air Act Amendments of 1990 

prepared by: 

Albuquerque ·Environmental Health Department 

Air Pollution Control and Vehicle Pollution Management Divisions 

Sarah B. Kotchian, Director 

for review and approval by: 

Albuquerque/Bernalillo County Air Quality Control Board 

October 7, 1992 

r 

Lynda irman 
INTRODUCTION 

Section 507 of the 1990 Clean Air Act Amendments (90CAAA) requires each 

state to submit a revision to the federally-approved State 

Implementation Plan <SIP> by November 15, 1992, to establish a Small 

Business Stationary Source Technical and Environmental Compliance 

Assistance Program <SBAP). Small business eligibility for 

participation in the SBAP is defined in Section IV of this SIP. 

This revision to the SIP is in the form of a narrative commitment for 

full implementation of the SBAP by a date which will coincide with the 

effective date of the State's operating permit program, but no later 

than November 15, 1994. The schedule and commitment contained in this 

SIP specifies how and when each element will be placed into full 

operation by the AEHD. 

Statutory Authority 

The Governor has the authority to create panels and determine the 

appointment process. The New Mexico Air Quality Control Act provides 

specific state authority in Section 74-2-5.1., "Duties and Powers of 

the Department and the Local Agency", which states. 

The Department and the local 

jurisdictions shall: E. 

stationary source techni ca 1 

assistance program, consistent 

507 of the federal act; ... 

agency for their respective 

establish a small business 

and en vi ronmenta 1 compliance 

with the provisions of Section 

In general, the SBAP includes three key components, which are briefly 

described below, followed by a more detailed description for each 

component. 

Summary of the Small Business Assistance Program 

1. Designation of a Local Officer to serve as Ombudsman for small 

businesses In connection with the Implementation of the 90CAM; 

The Sma 11 Business Ombudsman will be attached to the office of 

the AEHD Director. Coordination between the Ombudsman and 

technical staff will be most effective with the Ombudsman 

located in the AEHD Director's office. 

2. Establishment of a Small Business Assistance Program <SBAP> for 

providing technical and compliance assistance to small 

businesses; The technical position
 will be in the AEHD Air 

Pollution Control Division's Planning Section to give small 

businesses correct technical, permitting and compliance 

information for all applicable 90CAAA Title V, Title I, Title 

III, Title VI, SIP and other requirements. 

3. Creation of a Compliance Advisory Panel for determining the 

overall effectiveness of the SBAP; The Governor wi 11 create a 

Compliance Advisory Panel of seven members. The 90CAAA requires 

-1-
a panel of not less than seven members with specifications 

regarding selection of each member. The Governor will appoint 

two; legislative leaders will appoint four as specified In 

Section 507 <e> of the 90CAAA; and the NMED Director will 

appoint one panel member. 

A budget will be establl shed through Title V funding for expected 

activities of the AEHD Ombudsman, the AEHD Air Pollution Control, 

Division's technical and compliance assistance program, and the 

advisory panel. More detailed information on the three components Is 

contained in the remainder of this SIP. 

I. THE AEHD OMBUDSMAN 

The Ombudsman will be located In the office of the AEHD Director and 

will be appointed before November 15, 1994, to represent the 

interests of small businesses, as they relate to the implementation 

of Section 507<a> (3) of the 90CAAA but will not be responsible for 

Authority-to-Construct and Operating Permits and other related 

enforcement activities. The AEHD Director is the Local equivalent to 

the EPA Region VI Administrator with respect to implementation and 

responsibility for the local air program. 

The Ombudsman will be capable of representing small business concerns 

to the local air pollution control agency by location in the office 

of the Director. As appropriate for the function of the office, the 

Ombudsman will have access to Individuals or governmental units such 

as the Secretary of the Environment Department, the Governor's 

office, the Attorney General, and others through location In the 

office of the Director, to ensure the views and needs of small 

business are considered. 

The Ombudsman will have sufficient capability and resources 

Identify problems and make recommendations as they relate 

implementation of the SBAP. 

to 

to 

The Ombudsman will establish a relationship with other 

representatives of small business in State, as well as Local, 

government by means of coordination initiated by the Ombudsman and 

will assist In establishing a clearinghouse mechanism for providing referrals of small business to the SBAP for Information. 

As authorized by existing State law and regulations for access to 

information, the Ombudsman will have the authority to obtain data 

available to the public from other local and State agencies. 

Sufficient resources, such as printing and mailing costs, will be 

provided to the AEHD office of the Small Business Ombudsman to enable 

that office to discharge its new responsibility effectively. 

Resources will be made available through 90CAAA Title V fees when 

regulations are prepared and become effective at the local level. 

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The Ombudsman will also assist in providing information regarding the 

SBAP to small businesses by addressing trade associations and other 

industry groups, assisting with seminars, workshops and preparation 

of outreach materials. 

II. ALBUWERQUE ENVIRONMENTAL HEALTH DEPARTMENT SMALL BUSINESS 

ASSISTANCE PROGRAM · 

The technical component of the SBAP will consist of Local technical 

expert(s) who will respond to requests for assistance from small 

businesses. The staff will be located in the Air Pollution Control 

Division Planning Section, and will be able to respond to permitting 

and compliance questions. Through use of available training, SBAP 

technical staff will include personnel reasonably knowledgeable In 

Title V permitting rules and SIP development and enforcement. If 

additional help is needed, SBAP technical staff will be able to 

confer with other technical experts in the Air Pollution Control 

Division and EPA in order to provide the appropriate technical 

assistance to small businesses. 

The AEHD estimates, based on its current analysis of eligible 

sources, predominantly non-major sources under Title V and Title III, 

that two-to-three full-time technical positions, whose primary 

responsibilities will be the AEHD SBAP, will ultimately be sufficient 

for this component. The AEHD will fill the staff positions in stages 

as necessary based on workload as new source categories are regulated 

by EPA under Title III of the 90CAAA. The AEHD may defer permitting 

of non-major sources as allowed in EPA's Title V permitting 

regulation promulgated in the Federal Register on June 25, 1992. 

Adequate mechanisms wi 11 be established to meet the requirements of 

Section 507 (a) (1, 2, 4-7). These mechanisms will Include the 

following programs: 

A. Adequate mechanIsms for deve 1 oping, coll ectl ng and coord Ina tl ng 

information concerning compliance methods and technologies for 

small business stationary sources, and programs to encourage 

lawful cooperation among such sources and other persons to 

further compliance with this Act. A number of the mechanisms 

are described below: 

Outreach Techniques 

1. A process will be developed for addressing trade 

associations and other industry groups as appropriate. 

2. Public service announcements (PSAs> may be prepared as 

appropriate and submitted for broadcast. Seminars and 

workshops will be conducted as appropriate. 

-3-
3. Available resources such as the Control Technology Center 

<CTCl, the Emissions Measurement Techni ca 1 Information 

Center <EMTICl and other U. S. Environmental Protection 

Agency <EPA) services will be used as feasible to acquire 

technical information with which to assist small businesses. 

4. Information will be exchanged with the air agencies of 

neighboring states as appropriate. 

5. Coordination will be done with other agencies and 

organizations to help refer small businesses to the Small 

Business Assistance Program. A clearinghouse or other 

process may be established to aid in referring small 

business inquiries to the SBAP for information. 

Responsive Techniques 

6. A hotline telephone number will be designated or established 

for the AEHD SBAP. It wi 11 serve as the SBAP hotl i ne. It 

may be a toll-free hotline. 

7. Information packets will be developed and distributed to 

small businesses upon request. 

The AEHD's Air Pollution Control Division SBAP technical and 

compliance staff will provide the activities listed below using a 

number of the methods and techniques described in items 1 through 7 

above, i.e., information packets, preparation of PSAs, mail-outs, and 

coordination through other agencies and organizations. 

B. Adequate mechanisms to assure that small business stationary 

sources receive notice of their rights and obligations under 

this Act in such manner and form as to assure reasonably 

adequate time for such sources to evaluate compl lance methods 

and any relevant or applicable proposed or final regulation or 

standard issued under this Act. 

C. Upon request of an eligible small business, provide a listing of 

auditors who have notified the SBAP that they are qualified to 

perform audits or inspections of a source to determine 

compliance with applicable air quality regulations. 

D. Procedures for consideration of requests from a small business 

stationary source for modification of: 

1. Any work practice or technological method of compliance, or 

2. The schedule of milestones for implementing such work 

practice or method of compliance preceding any applicable 

compliance date, based on the technological and financial 

capability of any such small business stationary source. No 

such modification may be granted unless it Is In compliance 

-4-
with applicable requirements of the Clean Air Act, including 

the requirements of the New Mexico State Implementation Plan, and the New Mexico Air Quality Control Act. Where 

such applicable requirements are set forth in Federal 

regulations, only modifications authorized in such 

regulations may be allowed. 

E. Adequate mechanisms for assisting small business stationary 

sources with pollution prevention and accidental release 

detection and prevention, including providing information 

concerning alternative technologies, process changes, products, and methods of operation that help reduce air pollution. 

F. Provisions will be made to provide compliance assistance 

Information to small businesses to aid them In Identifying 

applicable requirements, obtaining permits in a timely and 

efficient fashion, and understanding facility rights and 

obligations under the 90CAAA. The Information will help small 

businesses to (1) Identify applicable rules; (2) determine 

permit applicability for small business sources; (3) Identify 

alternative control technologies for small business sources; and 

(4) understand permitting procedures Including applications, fees, and permit compliance requirements. 

III. NEH MEXICO COMPLIANCE ADVISORY PANEL 

The Comp 1 i ance Advisory Pane 1 created by the Governor wi 11 serve for 

both the State and 1 oca 1 SBAP programs. The Governor wi 11 create a 

Compliance Advisory Panel consisting of seven individuals and members 

who will be appointed before November 15, 1994. 

The Compliance Advisory Panel shall consist of: 

a. Two members, who are not owners, or representatives of 

owners, of small business stationary sources, selected by the Governor to represent the general public; 

b. Two members selected by the State legislature who are 

owners, or who represent owners, of small business 

stationary sources <one member each by the majority and 

minority leadership of the lower house>; 

c. Two members selected by the State legislature who are 

owners, or who represent owners, of small business 

stationary sources <one member each by the majority and 

minority leadership of the upper house); and 

d. One member se 1 ected by the head of the department or agency 

of the State responsible for air pollution permit programs 

to represent that agency. The NMED Secretary wi 11 appol nt 

the NMED pane 1 member from NMED to provide the pane 1 with 

knowledge of the 90CAAA and the permittl ng and enforcement 

-5-
program. 

herself 

Director 

For example, the NMED Secretary may appoint 

or the Environment Protection Division <EPD) 

or staff within the Department. 

The CompHance Advisory Panel has the following duties: 

1. Render advisory opinions on the effectiveness of the SBAP; 

difficulties encountered, and degree and severity of enforcement. 

2. Prepare periodic reports to the EPA on the compliance status of 

the Small Business Stationary Source Technical and Environmental 

Compliance Assistance Program and SBAP following the intent of 

the provisions of the Paperwork Reduction Act, the Regulatory Flexibility Act, and the Equal Access to Justice Act; and 

3. Review Information prepared by the SBAP for small business 

stationary sources to assure such Information Is understandable 

to the non-technical person to the maximum extent possible given the nature of the 90CAAA. 

The AEHD will assist the NMED Air Quality Bureau Small Business 

Stationary Source Technical and Environmental Compliance Assistance 

Program, which serves as the secretariat for the development and 

dissemination of such reports and advisory opinions, In matters 

concerning the local Program. 

The implementation and maintenance of the SBAP will be supported by funds derived from Title V requirements and, for that reason, timing of SBAP implementation to coordinate with timely adoption of the 

Title V permit regulations, Including fee regulations, Is critical. 

IV. ELIGIBILITY DETERMINATIONS 

Small business stationary sources which qualify for the Small 

Business Assistance Program are defined In Section 507 <c> (1) of the 

90CAAA as a stationary source that: 

(A) is owned or operated by a person that employs 100 or fewer 

individuals; 

(B) is a small business concern as defined In the Small Business Act; 

<C> is not a major stationary source; 

(0) does not emit 50 tons or more per year of any regulated pollutant; and 

(E) emits less than 75 tons per year of all regulated pollutants. 

The AEHO will establish a method for determining the eligibility of 

small business stationary sources to receive assistance under this 

program which Includes an evaluation of a source's eligibility using the criteria listed above from Section 507 (c) (1) of the 90CAAA. 

-6-
Sources that do not meet the criteria of Sections 507 <c> (]) <C-E> 

of the 90CAAA, and which do not emit more than 100 tons per year of 

all regulated pollutants, may petition the AEHD for grants of 

eligibility under the SBAP. AEHD will develop a method for 

eva 1 uati ng petlti ons. Any grants of e 11 gi bi llty cons I de red by the 

AEHD will be granted only after public notice and comment. 

Sources or source categories with sufficient financial and technical 

resources to meet their obligations under the 90CAAA may be excluded 

by the AEHD from receiving assistance under the Small Business 

Assistance Program. Any exclusion by the AEHD of sources or source 

categories from the SBAP, will occur In consultation with the EPA 

Administrator and the Administrator of the Small Business 

Administration and only after public notice and opportunity for 

public hearing. 

March 30, 1994 

June 30, 1994 

July 30, 1994 

August 30, 1994 

September 30, 1994 

November 1 , 1994 

November 1, 1994 

November 1 , 1994 

November 15, 1994 

SUMMARY SCHEDULE 

AEHD SBAP SIP IMPLEMENTATION 

SBAP technical and compliance staff positions will be created In the Air Pollution Control 

Division. 

First SBAP technical and compliance staff 

position will be filled. 

The New Mexico Compliance Advisory Panel will 

be created. 

AEHD Ombudsman will be appointed. 

The New MexIco Comp 11 ance AdvIsory Pane 1 

members_ will have been appointed consistent 

with the 90CAAA. 

AEHD Ombudsman will be fully capable of 

carrying out responsibilities. 

First SBAP technical and compliance staff 

member will be capable of meeting responsibilities. Additional SBAP staff will 

be hired after November 15, 1994, as needed. 

The New Mexico Comp 1 i ance Advisory Pane 1 wi 11 

be fully capable of fulfilling its duties. 

Local SBAP program will be In operation. 

-7-
'\ 

/ 

_____ , _____ . ____ _ 

New Mexico 

74-1-ll 

Statutes Annotated 1992 Replacement Pamphlet 

ENVIRONMENTAL IMPROVEMENT 

74-2-1 

74-1-11. Repealed. 

Repeals. - Laws 1989, ch. 223, § 4 repeals 

74~1-11 NMSA 1978, as enacted by Laws 1969, ch. 

223, § 3, relating to creation of the water supply 

fund, efrective July 1, 1992. For provisions of fanner 

section, see 1990 Replacement Pamphlet. 

ARTICLEi2 

Air Pollution 

Sec. 

74-2-1. Short title. 

74-2-2. Definitions. 

74-2-3. Environmental improvem2nt bo81"d. 

74-2-4. Local autho!"ity. 

74-2-5. Duties and powers; environmental improvement board; local board. 

74-2-5.1. Duties and powers of the department and 

the local agency. 

74-2-5.2. State air pollution control agency; specific 

duties and powers of the depanment. 

74-2-6. Adoption of regulations; notice and hearings. 

74-2-7. Pennits; permit appeals to the environmental improvement board or the local 

board; permit fees. 

74-2-8. Variances. 

74-2-9. Judicial review; administrative actions. 

74-2-1. Short title. 

_,_ 

Sec. 

74-2-10. Emergency powers of ~he secretary and the 

director. 

74-2-11. Confidential information. 

74-2-11.1. Limitations on regulations 

74-2-12. Enforcement; compliance orders; field citations. 

74-2-12.1. Civil penalty; representation of department or local authority. 74-2-13. Inspection. 

74-2-14. Criminal penalties. 

74-2-15. State air quality permit fund. 

74·2·15.1. Repealed. 

74-2-16. Municipal or county air quality pennit 

fund. 

74-2-17. Continuing effect of existing laws, rules 

and regulations. 

74-2-18 to 74-2-22. Repealed. 

Chapter 74, Article 2 NMSA 1978 may be cited as the "Air Quality Control Act". 

History: 1953 Camp .• § 12-14-1, enacted by 

Law• 1967, ch. 277,! 1; 1972, ch. 51,§ 1; 1989, ch. 

278, l 1. 

Cross-references. - For the Environmental Improvement Act, see 74-1-1 to 74-1-10 N~ISA 1978. 

For the Pollution Control Revenue Bond Act. see 3-59-1 to 3-59-14 NMSA 1978. 

Comparison to Federal Clean Ai&" Act.- New 

!o.Iexil!o's Air quality Control Act is r.ot generally 

mure str~ng~r..t than the Federal Clean Air Act except 

in "'-:Ot!a::: of air pollution prevention not preempted by 

the Fet.leral Clean Air Act and not precluded by the 

limitinlir provisions in the Air Quality Control Act. 

1987 Op. Att'y Gen. No. 87-11. 

Application of state antipollution laws to in· 

dustries located on Indian land is valid, provided 

that the operation of those laws neither impairs the 

proprietary interest of the Indian people in their 

lands nor limits the right of the tribe or pueblo to 

govern matter:'i of tribal relations. The regulation of 

industrial discharges is not a matter fundnmental to 

tribal relations. and the state supervision of environmental pollution will not limit, in any meaningful 

manner. the right of the several Indian peoples to 

govern themselves. The extension of pollution controls to industries locnted on Indian lnnd will not 

street the ownt!rship or control of the land. 1970 Op. Att'y Gen. No. 70-5. 

Law reviews. - For comment, "Delegation of 

Legislntive AuthQrity on the State level; Environmental Protection in New Mexico: Public Service Co. 

of New ~texico eta!. v. New Mexico Environmentnl 

Improvement Board," see 17 Nat. Resources J. 521 

!1977). 

10 

For note, "The 1977 Procedural Amendments to the 

Clean Air Act- Have They Made a Difference?," see 24 Nat. Resources J. 745 0984l. 

For note, "Judicial Review of Environmental Proi:ection Agency Rule Promulgation - Clean Air Act 

State lmplementatio~ P!nn Requirement - New 

Mexico EID v. Thomas, 789 F.2d S25 UOth Ci:'. 

1986)," see 27 Xat. Resources J. 723 ~1£18':":. 

Am. Jur. 2d, A.L.R. nnd C.J.S. rcr'erencl.'s. -

61A Am .. Jur. 2d Pl')liution Control ~ .:55 et seq. 

Validity of regulation of smoke and other air 

pollution, 78 A.L.R.2d 1305. 

Liability insurance coverage for violations of antipollution laws, 87 A.L.R.4th 444. 

Control of interstate pollution under Clean Air Act 

•• amended in 1977 142 uses §§ 7401-7626), 82 

A.L.R. Fed. 316. 

Application of air quality modeling to c!ecisionmaking under Clean Air Act (42 USCS H 7401-7426), 

84 A.L.R. t"ed. 710. 

Standing of air pollution :;:ource to challenge Clean 

Air Act 142 USCS ~§ 7401-7626) or its implementa- tion, 85 A.L.R. Fed. 515. 

Construction and npplicntion of. § 307(bl(ll of 

Clean Air Act f42 USCS § 7607fbJI Ill penaining to 

judi.::ial review by courts of nppeals. 86 A.L.R. Fed. 

604. 

Whnt constitutes modificution of stationary source, 

under 1i 111 lali3J, !41 of Cl~an Air Act 142 USCS 

§ 7411 falfJJ, !4ll, so as to subjtoct source to Environmental Protection Agency's new source performnnce 

standard!'!. 94 A.L.R. Fed. 750. 

39A C.J.S. Health nnd Environment § 130. 
I 

74-2-5.1 AIR POLLUTION 74-2-5.1 

lations adopted by a board, pursuant to this section 

aner substantial compliance with the public hearing 

requirements, need not be supported by substantial 

evidence in every material portion thereof. Wylie 

Bros. Contracting Co. v. Albuquerque-Bernalillo 

County Air Quality Control Bd., 80 N .M. 633, 459 

P.2d 159 CCt. App. 1969). 

Board bound by its standard.- The board, in 

promulgating arl ambient air quality standard, establishes the criterion for determining what concentration or quantity of sulfur dioxide in the specified time 

Reriods constitutes air pollution; it makes the judgment that concentrations over the quantity prescribed would injure health. interfere with visibility 

and adversely affect the public welfare. Having set 

the standard, it is bound by it. the same as anyone 

else. Public Serv. Co. v. New Mexico Envtl. Imp. Bd., 

89 N.M. 223, 549 P.2d 638 (Ct. App. 1976). 

Modification authorized to prevent pollution. 

-The board has the continuing authority to change 

the ambient air quality standard for sulfur dioxide 

aner proper notice and hearing and to adopt regula· 

tions to implement or explain it, but it may not set a 

new standard or adopt regulations implementing or 

explaining it for any reason other than to prevent or 

abate air pollution. Public Serv. Co. v. New Mexico 

Envt!. Imp. Bd .• 89 N.M. 223, 549 P.2d 638 (Ct. App. 

1976). 

Upon showing of present or future need for 

new standard.- New emission regulations may be 

adopted by the board if there is substantial evidence 

in the record of a present or reasonably anticipated 

future need for a stricter regulation in order to 

prevent air pollution in excess of the standard. Thus. 

if the board can demonstrate that reasonably antici· 

pated future growth in the area will, as a factual 

matter, result in pollution emissions which exceed 

present ambient air standards, the board may enact 

stricter regulations for both existing and proposed 

sources. The board may act to prevent or abate air 

pollution when presented with persuasive evidence 

that emission sources are_ growing in number e.nd 

that the totality of new and existing emissions will, if 

!en at presently regulated rates, exceed the ambient 

air quality standard. 1977 Op. Att'y Gen. No. 77-15. 

Board obligated to amend standards to comply 

with federal requirement~. - When New Mexico 

standards are amended and thus made more stringent in order to comply with federal requirements, 

the board is doing no more than it is obliged to do by 

its mandate under the federal Clean Air Act. 

Kennecott Copper Corp. v. New Me.'tico Envtl. Imp. 

Bd., 94 N.M. 610, 614 P.2d 22 (Ct. App. 1980l. 

.. Law reviews. - For comment, ''Delegation of 

·-Legislative Authority on the State Level; Environ· 

mental Protection in New Mexico: Public Service Co. 

of New Mexico et al. v. New Mexico Environmental 

Improvement Board," see 17 Nat. Resources J. 521 

(1977). 

Am. Jur. 2d, A.LR. and C.J.S. reference~. -

61A Am. Jur. 2d Pollution Control §§ 51~ 52, 55 et 

seq. 

Validity of regulation of smoke and other air 

pollution, 78 A.L.R.2d 1305. 

Air pollution control: validity of legislation permit· 

ting administrative agency to fix permissible standards of pollutant emission, 48 A.L.R.3d 326. 

Validity of state and local air pollution administrative rules, 74 A.L.R.4th 566. 

Construction and application of preemption sec· 

tions (§§ 208. 210(c)(4)) of Clean Air Act (42 U.S.C.S. 

H 1857f-6a. 1857f-6c(ciC41). 18 A.L.R. Fed. 971. 

What are "land-use and transportation controls" 

which may be imposed, under§ 100(a)(2)(8) of Clean 

Air Act of 1970 (42 U.S.C.S. § 1857c-5CaiC2l(B)). to 

insure maintenance of national primary ambient air 

quality standards, 30 A.L.R. Fed. 156. 

Construction, applicability and effect of ~ 304 of 

Clean Air Amendments of 19i0 f4-2 U.S.C.S. 

§ 185ih-2J in actions against alleged violators, 37 

A.L.R. Fed. 320. 

Clean Air Act implementation plans for nonattainment areas, 90 A.L.R. Fed. 481. 

39A C.J .S. Health and Environment § 130. 

74-2-5.1. Duties and powers of the department and the local agency. 

The department and the local agency !~r their respective jurisdictions shall: 

A. develop facts and make investigations and studies consistent with the Air 

Quality Control Act [this article] and, as required for enforcement of that act, enter at all 

reasonable times in or upon any private or public property, except private residences, that 

the department or the local agency has reasonable cause to believe is or will become a 

source contributing to air pollution and require the production of information relating to 

emissions that cause or contribute to air pollution. The results of any such investigations 

shall be reduced to writing if any enforcement action is contemplated, and a copy shall be 

furnished to the owner or occupants of the premises before the action is filed; 

B. institute legal proceedings to compel compliance with the Air Quality Control 

Act or any regulation of the environmental improvement board or the local board; 

C. encourage and make every reasonable effort to obtain voluntary cooperation by 

the owner or occupants to preserve, restore or improve air purity; 

D. consult with any person proposing to construct, install or otherwise acquire an 

air contaminant source, device, system or control mechanism concerning the efficiency of 

the device, system or mechanism or the air pollution problem that may be related to the 

source, device, system or mechanism; provided that consultation shall not relieve any 

person from compliance with the Air Quality Control Act, regulations in force pursuant to 

that act or any other provision of law; 

E. establish a small business stationary source technical and environmental 

compliance assistance program, consistent with the provisions of Section 507 of the federal 

act; 

17 
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4 Proposed State Implementation Plan 

5 for the Small Business Assistance Program 

6 

7 

8 

9 

10 

j_ j_ 

12 TRANSCRIPT OF PROCEEDINGS 

13 BE IT REMEMBERED that on Wednesday, the 7th 

day of October, 1992, this matter was taken before 

14 Mr. nugh W. Church, nearing Officer, City of 

Albuquerque/County of Bernalillo, in the Acoma/Zuni 

15 Room, West Com9lex, Albuquerque Convention Center, 

Albuquerque, New Mexico; and was stenographically 

16 recorded by MONICA BLEA, a Certified Shorthand 

Reporter and Notary Public. 

17 

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HEARING OFFICER: 

BOAi'tD MEMBERS: 

ALSO ?aESENT: 

A P P E A R A N C E S 

MR. HUGH W. CHURCH 

MS. LYNDA ~AYLOR 

Chairman 

City Representative 

MS. MARILYN ANDERSON 

City Representative 

2 

MS. ANTONETTE SEDILLO-LOPEZ 

County Representative 

MR. RICHARD KOTTENSTETTE 

City Representative 

MR. WILLIAM LAMBERT 

County Representative 

MS. 3EANETTE KIRKER-VIGIL 

City Representative 

MS. ALANA RAE EAGER 

MR. ROBERT A. HARLEY 

MS. ADELIA KEARNEY 
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HEARING OFFICER: 

:OOAi'<D MEM:OERS: 

ALSO ?RESENT: 

A ? ? E A R A N C E S 

MR. HUGH W. CHURCH 

MS. LYNDA TAYLOR 

Chairman 

City Representative 

MS. MARILYN ANDERSON 

City Representative 

2 

MS. ANTONETTE SEDILLO-LOPEZ 

County Representative 

MR. RICHARD KOTTENSTETTE 

City Representative 

MR. WILLIAM LAM:OERT 

County Representative 

MS. JEANETTE KINKER-VIGIL 

City Representative 

MS. ALANA RAE EAGER 

MR. RO:OERT A. HARLEY 

MS. ADELIA KEARNEY 
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o2 HEARING OFFICER CHURCH: Today's date is 

~ • "' "'"" 3 October 7, 1992, and the time is 6:06 in the evening, 

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5 My name is Hugh Church, and I will be 

6 serving as a hearing officer on behalf of the 

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7 Albuquerque/Bernalillo County Air Quality Control 

8 Board. I would note for the record that there are six 

9 members of the Board nresent for this public hearing. 

10 Tonight we will conduct public hearings to 

11 accept public input into the proposal to amend the 

12 New Mexico State Implementation Plan. There are 

13 actually two hearings to be conducted tonight. 

14 This first hearing will be to hear testimony 

15 related to SIP amendments that commit to provide for 

16 Small Business Assistance in meeting the requirements 

17 of Clean Air Act Amendments of 1990. 

18 At the completion of the hearing on the Small 

~ 

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Business Assistance issue, the hearing will be closed 

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and we will proceed to the continuance of the SIP 

1 21 amendments hearing session conducted on September 9th, 

' J 22 1992. 

23 If you have not already done so, persons 

24 wishing to testify before the Board on either hearing 

25 subject, should sign the appropriate sheet located at 
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1 the front of the room, over there on the podium. 

2 Please indicate on the sheet whether you are a 

3 proponent, an opponent, or interested party when you 

4 sign the sheets. 

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0 Each witness giving testimony tonight will do 

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6 so under oath. I ask that before addressing the Board 

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10 testimony only that is directly applicable to the 

11 advertised topic. 

12 All persons wishing to address the Board will 

13 be given the opportunity, but please be as brief as 

14 possible, and avoid repetition of testimony already 

15 presented by others. 

16 Each person testifying tonight may be 

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cross-examined by anyone present, if questions are to 

matters that the witness has offered in direct 

testimony. 

We will proceed hearing, first, from the 

" j 21 staff, who are proponents. After that, we will hear 

22 from any other proponents, followed by opponents, and 

23 lastly, generally interested persons. 

24 After each individual has testified, I will 

25 ask the Board members if they wish to cross-examine 
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1 the witness; then ask staff if they wish to 

cross-examine the witness; and then ask the audience 

3 if they wish to cross-examine the witness. You need 

4 not be under oath to cross-examine the witness. 

5 If the staff is ready, we will proceed. If 

6 so, will the reporter please swear in the first 

7 witness. 

8 ROBERT HARLEY 

9 was called as a witness, and having been first duly 

10 sworn, testified under oath as follows: 

ll (Staff Exhibits 1 through 6 previously marked for 

12 identification.) 

13 MR. HARLEY: My name is Robert Harley. I'm on 

14 the Environmental Improvement -- Environmental Health 

15 Department staff -- boy -- in the Air Quality 

10 

17 

18 

19 

20 

21 

22 

23 

24 

Division. And I'm here tonight to offer testimony 

that one of our other staff members would have given, 

but his airplane got cancelled out from under him in 

Pennsylvania. So, I will kind of be filling in, and I 

will do the best I can. 

Fortunately for me, he did FAX me a copy of 

his rough draft statement, and so I will be referring 

to that quite heavily. But since he has been gone, 

why much has happened, and there are many amendments 

25 also being proposed here tonight. 

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1 I'm an environmental health scientist with the 

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Air Pollution Control Division. I've been with the 

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City in that role since 1978. 

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Prior to that, I worked seven years with the 

Environmental Improvement Division in Santa Fe, also 

in Air Pollution Control. 

I'm a registered, professional engineer in the 

State of New Mexico. And like I say, I am offering 

testimony that was developed and put together pretty 

0 a "' 10 much by Roger Polisar of our staff. 

1 1 As was announced by the hearing officer, 

1 2 tonight's topic is that -- that the staff is a 

13 proponent of, and that has to do with the State 

14 Implementation Plan revision titled "Committal Plan 

15 and Supplement to the New Mexico SIP Pertaining to 

16 Small Business Stationary Source Technical and 

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Environmental Compliance Assistance Program for 

Bernalillo County as Required by the Clean Air Act 

Amendments of 1990." 

And I will read much of a short overview of 

tonight's topic. It's an eight-page document. And 

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I'll explain some of the things about it, although I 

will point out, it's not a regulatory hearing, and so 

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we don't have to go down everi dot and tittle and feel 

25 that somebody is going to challenge like a regulation 

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3 into my testimony, that this public hearing has been 

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duly advertised, as required by law, and I have two 

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identified as Staff Exhibit Number 1, and it's a 

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certified statement from the Albuquerque Journal, 

showing the text that they printed September the 7th 

of this year. 

10 The second exhibit that I'd like to introduce 

11 at this time, is a copy of the signs that appear at 

1 2 the original advertised location of this hearing. We 

13 found ourselves vacated, and so it's only fair to 

14 those who planned to attend tonight, to find the sign 

15 at the advertised site. And I would note for the 

16 record, that it's like a block-and-a-half walk from 

17 the original site. So, I would hold that all persons 

1a interested in being here tonight could be here. And 

~ 

-~ 19 we did start nine minutes late, so we gave them nine 

~ .;: 20 " minutes to walk a block and a half. 

• 

~ 21 I'd also like to introduce exhibits that I 

' J 22 will be talking from. I've marked as Staff Exhibit < 

23 Number 3, the original SIP revision that was prepared, 

24 and has been available to the public for more than 30 

25 days. It really isn't the document we are the 
9 

1 proponents of, because since the 30 days has 

2 transpired, why, we find ourselves desiring to amend 

3 that document. So, I'd introduce at this time, Staff 

4 Exhibit 4, which I think is distinguished by the fact 

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those things that have been added or underscored in 

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the text. And those things that have been deleted are 

shown bracketed and stricken. 

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And then S~aff Exhibit Number 5 is an excerpt 

10 from the Federal Clean Air Ac~ Amendments from 1990, 

1 1 and it deals only with Section 507, which is the 

12 principal legal thing that we were trying to comply 

13 with, with this SIP revision. 

14 And, finally, there is another Staff Exhibit 

15 Number 6, which I've identified for the record, and it 

16 is a transmittal letter FAXed to our office this 

17 afternoon from the EPA in Dallas, and it contains 

18 marked-up copies of our original submittal that was 

19 available 30 days ago, with suggested corrections, 

20 additions, and deletions, and that's quite a lengthy 

21 document. It includes some administrative documents 

22 that really don't pertain to this hearing. 

23 At the conclusion of my testimony, I will ask 

24 that these exhibits be admitte'd, but I'd first like to 

25 demonstrate how they apply to tonight's topic. 
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MS. TAYi:.OR: Can I ask a question? 

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HEARING OFFICER CHURCH: Yes. 

MS. TAYi:.OR: Bob? On Staff Exhibit Number 5, 

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looks like it's cut off, and I don't have any others. 

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Is this all there is to the exhibit or --

MR. HARLEY: No. I'm sorry. I was putting 

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these together right the last few minutes before 

6: 0 0. If you find an exhibit that doesn't seem to be 

1 j_ compiled properly, you might check with your neighbor, 

1 2 and see what I'm talking about, because I know 

13 Antonette has the same problem. 

14 The substance of tonight's hearing, though, is 

15 Staff Exhibit Number 4, and I think it's intact in 

16 everybody's case. In line with that question, I would 

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note that the Board members do have copies of Staff 

Exhibit Number 4 and others as appropriate, and so you 

will be making a reasonable decision based on things 

you have actually seen at this hearing. 

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revision and all that. I will give a general overview 

that Roger has written. 

~ 24 0 The Clean Air Act Amen~ments of 1990 were 

25 signed into law by President Bush on November 15th of 
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2 Permit Program. It is a cornerstone in the Clean Air 

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there are some other parts of the Clean Air Act that 

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necessarily required . 

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presently evolving, and must be in place by November 

15th, 1994. That's two years hence. And statutorily, 

11 it has to be ready four years after the President 

12 signed it into law. 

13 The impacts of Title V and Title III to 

14 stationary air pollution sources throughout the 

15 country are significant, and compliance with the new 

16 requirements will be challenging for many businesses, 

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both technically and financially, to say the least. 

Small businesses, in particular, frequently 

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lack the technical expertise and financial resources 

necessary to evaluate federal, state, and local 

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for compliance. And I might add, some major sources, 

some large breakfast food manufacturers have that same 

~ 24 problem, but what we are propo'sing is a SIP to help 

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25 small businesses. 

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and compliance information to small businesses. 

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As can be seen in Staff Exhibit Number 5, a 

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section which is Section 507 of the Clean Air Act, it 

requires that each state and local agency, in our 

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case, must submit a revision to the federally-approved 

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u 10 State Implementation Plan by November 15th, 1992. And 

11 I'd point out, that's about a month away, and so we 

12 are desperately trying to make that deadline. And 

13 this will be to establish the Business Stationary 

14 Source Technical and Environmental Compliance 

15 Assistance Program. 

16 Now, Staff Exhibit Number 4 is for this very 

17 purpose. It is, essentially, a committal -- and I use 

1 8 that term advisedly at this point committal SIP 

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20 commit to EPA to fulfill the obligation to develop and 

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' 22 J Consequently, it is a relatively brief document, and 

23 does not go into a tremendous level of detail with 

24 regard to the program specifics, and speaks in more 

25 general terms. 
13 

1 As you will see in the summary schedule at the 

2 end of the document, the program and its components 

3 will be developed over the next two years, and by 

4 design, it's evolution is concurrent with the Title V 

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10 Program under Title V. 

:i j_ Now, before I review the actual SIP document, 

12 I would like to point out that a oouple of things are 

13 kind of prominent about it. 

14 First, the Air Pollution Control Division 

15 initially chose to generate its own Small Business 

16 Assistance Program as a SIP revision, using only the 

17 Clean Air Act as guidance. 

18 And Roger Polisar, who couldn't make it here 

~ 19 

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tonight, really lost his project, because he had 

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written a complete implementation plan on his own, and 

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~ 21 then submitted it to EPA for comments, and in the 

> 22 meantime, the State had j 

likewise done so for the 

23 remaining portions of the State, and the two were very 

24 diverse in format, yet the content, essentially, was 

25 the same. 

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i. So, we, who are more experienced in this 

2 business, convinced Roger that he really ought to take 

3 it as a good experience in writing SIPs, but that we 

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u.. 0 9 much favor -- and by so doing, during the last couple 

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11 was patterned exactly on what they were telling the 

1 2 State. Otherwise, we probably wouldn't have gotten 

13 any guidance until well beyond the deadline. And so, 

14 it really facilitated things to copy what the State 

15 had done. 

16 Roger uses the words ''We mirrored the State's 

17 SIP Revision," and we made minor changes where 

18 applicable. As an example, the name of our director 

19 is different in title than the State's director. And 

20 our staff have different division names and things 

21 like that. So, we corrected those things to suit our 

22 division, and how we will be operating. 

23 I might mention, also, the State Environmental 

24 Improvement Board will hear th~ir State Implementation 

25 Plan on the same subject next Friday. So, you can see 

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these things are really folding together quite 

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the development of a compliance advisory panel. And 

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the function of that panel will be to evaluate how 

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well we are helping small businesses, and 

particularly, how well we coincide with the 

requirements of the Clean Air Act. 

So, I trust at this point, you are looking at 

11 Staff Exhibit Number 4, because as I go through this, 

12 why, you might wind up on the wrong page or the wrong 

13 document, entirely. 

i4 Now, you will notice in Staff Exhibit Number 

15 4, even on the cover page, the title has been 

16 changed. Now, that was a recommendation made by EPA. 

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We used a word that has specific meaning to EPA. If 

it's a committal, it has to be done in one year. So, 

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we changed it to be the proposed plan. And little 

subtle things like that really get this whole 

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problem with changing the title. 

Now, one of the staff exhibits that you have 

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25 that right now -- is Staff Exhibit Number 6, and it 

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contains a complete documentation of EPA as they went 

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through by hand and made certain suggested deletions, 

additions, and additional language. And so, what you 

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I think a crucial part of the SIP revision, of 

course, has always been, even since the first SIP 

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revision -- first SIP that was developed back in 1972, 

EPA has to see that there is statutory authority for 

11 you to do what you are committing yourself to do. 

12 And so, on page 3 -- let's see -- page 2, of 

13 Staff Exhibit 4, in the third paragraph, it begins to 

:i4 describe the statutory authority. Oh, my goodness, 

15 except that we have numbered-- it's really on page 1, 

16 because the cover page didn't get a number. So, it 

17 follows immediately after the introductory portion. 

18 And what it essentially is doing, it let's 

19 State government appoint the review panel to keep 

20 track of how we administer this program. And 

21 somebody, in drafting the proposed amendments to the 

22 New Mexico Clean Air Act at the last legislative 

23 session, introduced the necessary statutory language. 

24 And that's one reason we are •ble to say that we do 

25 have the statutory authority to carry out and develop 
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2 Beyond that, it begins to discuss just in 

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be to guide small businesses through the permitting 

process, and how to comply with the regulations, and 

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how to understand controlled technology, and all those 

aspects that pertain to a stationary source that might 

11 want to locate here in Albuquerque or even one that's 

12 small and needs to modify. 

13 They use a term that I am not familiar with, 

14 it's ''Ombudsman.'' I think that's the same thing as 

15 the person that leads you through the Nature Center. 

16 I don't know if there is any similarity there. I'm 

17 sorry, Roger, I deviated from your written statement. 

18 And then on the top of page 2, it describes 

~ 19 what the Ombudsman -- what his duties will be, and 

20 where it will be located, and how it will be funded. 

21 And, essentially, you have to satisfy EPA and the 

22 public that we are, in fact, going to have an actual 

23 program here, and not just in name only. 

24 I think it's interesting to notice that the 

25 Ombudsman really serves as a representative of small 

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obusinesses who seeks his help, located in our 

department that might cause some conflict of interest 

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later, and we might move that job function to the 

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Mayor's office or something like that, to do much like 

we did on the General Mills issue, because it's very 

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effective having an outside agency, rather than 

in-house. But as it's proposed now in Staff Exhibit 

1 1 4, it copies exactly what the State will be doing. 

12 They will have somebody on their staff who will be 

13 assigned this duty of being Ombudsman for small 

14 business. And, of course, that person will be 

15 assisting in providing higher authorities and the 

16 public information regarding the applicability of the 

1 7 requirements for the small businesses. 

18 There is some real definite things that have 

19 to be satisfied for you to really qualify as a small 

20 business eligible for this assistance. And that's 

21 spelled out in the plan. Also, we will be 

22 disseminating information in the form of proposed 

23 regulations, controlled technologies that we 

24 discovered, of course, being ~lose with EPA and their 

25 bulletin board and things like that, we really have 

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compliance with the regulation. So, I do see a 

definite plus for this. without this kind of 

assistance, many small businesses go off on their own, 

10 and then get in trouble, and then we wind up in 

11 enforcement and compliance problems that might not 

12 otherwise arised. 

13 One thing that I would note, we have really 

14 gone beyond the requirements of the Clean Air Act in 

15 one regard. It was the intention of Congress that we 

16 develo9 the Small Business Assistance ?rogram, 

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guess it is no, Title I -- pardon me, to go back 

and review my notes. 

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pollutants, and that's going to be very troublesome 

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25 shelf and emit to the air. They are going to have to 
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they need someone to guide them through this process, 

or at least provide brochures of advice on how to do 

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aernalillo County being in a nonattainment area, we 

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need to advise them that "Hey, this is a nonattainment 

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11 the nonattainment areas. 

12 Likewise, there is a Title VI, which has to do 

13 with the ozone depletion in the atmosphere and control 

14 of CFCs. 

15 Roger and another one of our staff have 

16 developed an ongoing program right now, controlling 

1 7 the emissions of CFCs, and they're using the very 

18 techniques that are spelled out in this implentation 

19 plan addressing trade associations, making public 

20 announcements via the media, using a hot line number 

21 available for those who want to call and get 

22 information, and pamphlets and information packets are 

23 available on the CFCs right now. So, it will be easy 

24 to go ahead and expand out th~se functions and take 

25 care of Small Business Assistance, also. 
2" 

1 And I discussed this with E?A, and they hav~ 

2 no problems with it being broader than this main 

3 requirements of Section 507 of the Federal Clean Air 

4 Act. 

5 Now, the seven member board-- it's an 

6 advisory panel, I shouldn't call it a board is 

7 described in the document beginning on page -- page 

5. It's really quite an unusual panel. But as you 

g read there, you will find that two members are 

10 appointed by the majority and minority members of the 

11 House; and then two members by the Senate; and then, 

12 of course -- and I'm speaking of State Senate-- and 

1 3 then two members are appointed by the Governor. And 

14 the ones the Governor appoints aren't involved in 

15 small businesses, so that there is some real stability 

lo there. 

17 And then under present conditions, Judy 

i6 Espinosa, the secretary of the Environment Department 

19 for the State of New Mexico, then will appoint one 

20 additional member to that panel. So, they are kind of 

21 the referees of how this whole thing works. And that 

22 is described, of course, in the plan. 

23 There is an interesting deletion from the 

24 original language that was coritained in what we copied 

25 from the State on page 5 of Staff Exhibit 4, at line, 
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7 covered all the bases. I didn't see any need in 

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10 pertained to that. And so, it occurs at line 6, in 

11 Subpart (B), which begins on line 16. And it also 

12 appears at line 21 of page 5, where it -- there was 

13 just some extraneous language that I didn't want to be 

14 in there. So, I did get some originality into this, 

15 myself. 

16 Now, the eligibility for those sources that 

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want to get this kind of assistance on page 6 is 

listed. And essentially, those are simply the 

requirements, as spelled out in the Federal Clean Air 

.... ~ 20 c:c b Act under Section 507. And that's the reason for my 

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0 -i 21 including Staff Exhibit Number 5, so that you can see 

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25 careful track of us, and be sure that we are getting 
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1 the things done that are necessary, so that we don't 

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have to see these things develop and expand and get 

more detail procedurally within the State, within our 

11 legislature, advice to the Governor that he does have 

12 these functions, and all those things will certainly 

13 take at least the two years that remain. 

14 So, we have committed to those dates. I don't 

15 see that we could postpone them any, because it's a 

16 statutory requirement. So, if you go through those 

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dates, you will see that everything will be in place 

by the deadline, providing we meet those objectives. 

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So, in summary, I believe all the elements to 

be present in the staff's proposal, as amended, and 

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that the Board, as you take action on this, either to 

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approve or disapprove, that you do look favorably on 

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25 that we would recommend you have submitted to EPA 

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through the Governor. 

And at this time, I would like to ask or move 

that Staff Exhibits Numbered 1 through 6 be admitted 

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(Staff Exhibits 1 through 6 admitted into evidence. 

MR. HARI.EY: And that concludes my statement. 

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HEARING OFFICER CHURCH: Very well Does the 

Board have any questions for the presenter? 

i. 1 Linda? 

1 2 MS. TAYLOR: Yeah, Bob, I don't want to put 

13 you on the spot, because you may not have the answer 

14 to this, it's not in the exhibits, but I'm curious if 

15 there has been any estimate of how much money will be 

1 6 needed to fund this position of an Ombudsman? 

i7 Is there an annual estimate of the cost that 

18 it will take to fund that position? 

~ 19 

.~ MR. HARLEY: I believe my supervisor, Steve 

J 20 Walker, could answer that question. Mr. Hearing 

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~ 2 1 Officer, you might direct that to him. 

' 22 l STEVE WALKER 

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23 was called as a witness, and having been first duly 

24 sworn, testified under oath as follows: 

25 MR. WAI.KER: The City is planning on trying to 

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utilize existing staff, perhaps within the Mayor's 

office at no additional cost. 

MS. TAYLOR: So, if the fees for this position 

would come out of Title V, the permitting fees 

MR. WALKER: Uh-huh. 

MS. TAYLOR: wouldn't that mean that the 

fee charged to somebody who operated a stationary 

source would be higher for that permit, because the 

cost for that Ombudsman should come from that program, 

and, therefore, not from the City budget? 

~iR. WALKER: It would be part of the Title V 

fees for all stationary sources. In calculating fees 

for Title V, the Clean Air Act requires that all 

costs, direct and indirect, are to be part of the fee 

charged for Title V. Included in that, one of the 

aspects would be the cost, if there is a cost, for the 

Ombudsman in the Small Business Assistance Program. 

We don't see that as a major cost, because we are 

trying to utilize existing staff, so that there won't 

be a direct cost from that aspect. There may be other 

costs associated with certain administrative aspects, 

but they should not be very large. 

So, itts we are not anticipating that it 

will be a major factor in the calculation of fees for 

Title V. There are other things related to stationary 
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sources or permitting stationary sources that will be 

the major factors of calculating those fees. 

MS. TAYLOR: Thank you. 

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of order? It's not chronologically done. 

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MR. HARLEY: That struck me, also. The 

State's is likewise. And it's really by office, if 

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you will notice. The first two well, in fact, the 

first -- I had this figured out in the privacy of my 

11 own office, here. 

12 MS. TAYLOR: Oh, I think I see now. The first 

13 two have to do with the Ombudsman schedule. Then it 

14 moves to the technical and compliance staff, the next 

15 three. 

16 MR. HARLEY: And you see the position. 

17 MS. TAYLOR: And then it goes to the advisory 

18 panel. Okay. Okay. Now, it makes sense. I'm 

J! 19 ~ 

wondering if there is a way to maybe make that a 

• 

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~ 20 little bit clearer. 

" " 21 MR. HARLEY: I was in hope somebody would say 

' 22 

! ' that. It I were looking for milestones, I would put 

. 23 them in calendar order, and not breaking them up as to 

24 whose office has to do what. And I don't think it 

25 would do anything but just clarify this whole schedule 
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during this procedure, or if the Board saw fit, which 

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amendment here as part of the record? 

l'IR. HARLEY: Yeah, prompted by the Board's 

request, I would like to suggest staff add an 

10 amendment that page 7 of Staff Exhibit Number 4 in the 

11 summary schedule be rearranged in -- what do you call 

12 it, chronological order? 

13 MS. TAYLOR: Uh-huh. 

14 MR. HARLEY: Rather than divided up, as is 

15 shown in the exhibit. And that's my motion. 

16 MS. TAYLOR: Well, I guess you don't have to 

17 put it in the form of a motion now. 

18 MR. HARLEY: No, I'm sorry, motion is not 

~ 

~ 19 appropriate. That's a staff proposal, and it won't be .. 

J 20 b documented. It will just be stated for the record. I 

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• 21 think that's adequate. 

' ! 22 ! 

MS. TAYLOR: Thank you. 

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23 HEARING OFFICER CHURCH: Any other questions? 

24 Yes? 

25 MS. LOPEZ: When you were talking about the 
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1 Ombudsman, and you said that it would be located in 

2 the office of EHD director, you mentioned that you saw 

3 that as a potential conflict of interest, and that you 

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10 the problem or I guess, what is the exact nature of 

11 that problem -- the conflict? 

i 2 MR. HARLEY~ As an example, on a major source, 

13 I think I helped General Mills too much on their 

14 permit, because I was prompted by the Mayor's office. 

15 If I would have treated them like any other source, 

16 they would have waited 180 days for their permit, 

1 7 rather than getting it in 40, those kinds of things. 

18 That's what I think conflict of interest generates, 

19 you give somebody more than the service, that I think 

20 everyone ought to get the same service. 

21 MS. LOPEZ: But I guess this is to 

22 accommodate, specifically, small businesses, and 

23 that's why they are doing it, right? 

24 MS. TAYLOR: Yes. 

25 MS. LOPEZ: So, I don't know. I was just 

MONICA BLEA, CSR 
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concerned. 

MR. HARLEY: I think it really goes beyond 

helping them get through in a shorter time. We are 

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source, and then go clear out of business due to 

noncompliance. And I think that's what Congress 

really had in mind. But I'm sure in-house, we will 

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have to develop some procedures that insulate whoever 

that Ombudsman is, that that person isn't working 

11 directly in permits, and has a hidden agenda going all 

12 the time. 

13 HEARING OFFICER CHURCH: Any other questions 

14 from other Board members? 

15 MR. LAMBERT: I have a question on page 5 of 

16 the Exhibit 6 from the USEPA. There was a question 

(.:) 17 near the top, "Where is Section 507 (A) (4) covered? 

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It must be addressed. And we had that section in the 

original draft that Roger wrote. 

MR. HARLEY: That's right. 

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MR. LAMBERT: Where is it addressed now in the 

document? Do you feel satisfied that their concern 

has been taken care of? That would be the EPA's 

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~ 24 concern. 

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25 MR. HARLEY: Yes, I am. There is a new --

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6 ''Hey, you have got to take care of the obligations.'' 

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N d 10 getting rapid processing of permits, which is the 

11 other requirement is where? 

12 (Brief pause.) 

1 3 MR. LAMBERT: On page 4, Section B, there is a 

14 provision for adequate time for review to evaluate 

15 compliance methods. Is that what you are referring 

16 to? It's different than timely review of permit 

(,j 17 applications. 

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MR. HARLEY: Yeah, that's where obligations 

was inserted. That had to do with audits. And audits 

were mentioned in that other paragraph, I believe. 

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' 22 

It was really a very circuitous route that the 

State used in their language in covering all these 

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25 language that I have drafted was developed from the 

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1 EPA comments. I'm at a loss to explain how. But that 

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was done today. 

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Let me read from the Clean Air Act what that 

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requirement is. In Staff Exhibit Number 5, it's 

Subpart 4. It says "A compliance assistance program 

1 1 for small business stationary sources which assists 

12 small business stationary sources in determining 

13 applicable requirements in receiving permits under 

14 this Act in a timely and efficient manner." 

15 "Timely and efficient manner" are the words 

16 I'm looking for. I forgot what my key words were. 

1 7 And those words are included in this text. 

18 MR. KOTTENSTETTE: I think that's in paragraph 

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19 8 ' Bob, on page 5, where you talk about the third 

•• J 20 line down, "obtaining permits in a timely fashion." 

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~ 21 MR. HARLEY: Yeah. 

' 22 ; 

MR. KOTTENSTETTE: But it doesn't have 

~ < 23 "efficient," but it has all the rest. Is that what 

24 you are looking for? 

25 MR. HARLEY: What line is that? 
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MR. KOTTENSTETTE: Well, I have it on page 5, 

in paragraph F, the third line in that paragraph. I'm 

in Exhibit 4. 

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cr-"' "' "' 4 ..0 ..... MR. HARLEY: Yes. 

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N -.... 5 HEARING OFFICER CHURCH: Exhibit 4, line 4 and ..... 0 ~ U") 0.. 

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MR. HARLEY: And what part did you feel was 

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MR. KOTTENSTETTE: No, I thought that's what 

you were looking for. 

11 MR. HARLEY: Yeah. 

12 MS. LOPEZ: It takes care of the 507. 

1 3 MR. HARLEY: Yeah. Yeah, that new paragraph. 

14 MR. KOTTENSTETTE: That does adopt the 

15 language pretty much out of the EPA document directly 

16 into that paragraph. 

0 1 7 MR. HARLEY: Yes. 

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MR. KOTTENSTETTE: So --

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MR. HARLEY: Obviously, it's not as clear as 

what Roger had drafted at first. I'm sure Roger will 

::::> " 0 21 feel a certain amount of success having made his 

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clearer than what we copied from the State. 

(Brief pause.) 

2: 

~ 24 HEARING OFFICER CHURCH: Are you satisfied 

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25 with that answer? 

MONICA BLEA, CSR 
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~ 1 MR. LAMBERT: well, I guess my concern is 

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2 that -- is that we, at this time, take care of these 

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3 details. And, Bob, would you consider putting in •and 

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4 efficient• behind "timely" and on page 5? 

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6 idea. When you hit both buzz words of the Act, how 

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7 can you go wrong? So, staff would certainly like to 

8 do that. .., "' "'0 

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u.. ·.::; 9 As a further amendment by staff, we would .... 0 

N ~ 10 recommend the Board approve the draft, as shown on 

11 page 5, with the addition of the word on line 4 and a 

12 half, after the word •timely,'' add the words "and 

13 efficient fashion.• 

14 Does that satisfy what you suggested? 

15 MR. LAMBERT: Yes. 

16 MR. HARLEY: Thank you very much. And I will 

(.J 17 indicate that as a floor amendment in Staff Exhibit 

~ 

i:: 18 

~ ~ fb 19 ~ 

=== 

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.... ~ 20 

"' Q:: 1l 

Number 4 for the record, and that way you can find 

where this is. 

MR. LAMBERT: I don't have any further 

::J ~ 

8 ~ 21 

• 22 

s l 

questions. 

(Brief pause.) 

u 23 

~ 

HEARING OFFICER CHURCH: Any other questions 

~ 24 from the Board? 

Q 

25 (No response. 

MONICA BLEA, CSR 
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HEARING OFFICER CHURCH: There being none, are 

there any questions from the staff for the presenter? 

(No response.) :::l M 

C"M 

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.n " HEARING OFFICER CHURCH: There being none, are 

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there any questions from the public regarding the 

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QJ U"\ 6 presentation of Mr. Harley? ~ '0 :::l • c: oJl M "' 7 ..<:: •N ~ 

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(No response.) 

HEARING OFFICER CHURCH: There being none, we 

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N "' ~ 10 

thank you very much. 

Now, are there any presentations by the -- by 

11 9roponents -- other proponents, I should say, for this 

12 action? 

13 (No response. 

14 HEARING OFFICER CHURCH: There being none, are 

15 there any presentations by opponents? 

1 6 (No response.) 

(J 17 HEARING OFFICER CHURCH: There being none, how 

~ 

i:: 18 c:c: about interested parties? 

0 ~ fb 1 9 ii r:c: .. 

~ 

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c:c: t 

(No response.) 

HEARING OFFICER CHURCH: There being none so 

::J • 

8 ~ 21 

' 22 Q ! Li.l 

indicated, I believe that can conclude this proceeding 

at this time. So, the time is now 6:57 in the 

u 23 

~ 

evening. I declare these proceedings closed. 

~ 24 (Hearing concluded at 6:57p.m.) 

Q 

25 

MONICA BLEA, CSR 
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35 

1 STATE OF NEW MEKICO 

2 SS. REPORTER'S CERTIFICATE 

3 COUNTY OF BERNALILLO 

4 

5 I, the undersigned Court Reporter and Notary 

6 Public, HEREBY CERTIFY that the foregoing hearing was 

7 recorded by me by machine shorthand; that I later 

8 caused my notes to be transcribed under my personal 

9 supervision; and that the foregoing is a true and 

10 accurate record, to the best of my ability, of said 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

proceedings. 

I FURTHER CERTIFY that I am not a relative or 

employee of any of the parties or attorneys involved 

in this matter and that I have no personal interest in 

the final disposition of this matter. 

I FURTHER CERTIFY that the cost of the 

original of this transcript of proceedings is 

$ ___ __, 

DATED this 14th day of October, 1992. 

MONICA BLEA, 

I 

7' 

( 

{ 

CSR #229 

MY COMMISSION EXPIRES: October 29, 1994. 

MONICA BLEA, CSR 
-. ~' ... '.../-. 

STATE OF NEW MEXICO 

County of Bernalillo ss 

Thomas J. S milhson being duly sworn declares and says that he is National Advertising 

manager of the Albuquerque Journal , and that this newspaper is duly qualified 10 

publish legal notices or advertisements within the meaning of Section 3, Chaper 167, 

Session Laws of 1937, and that payment therefore has been made or assessed as coun 

costs; that the notice, a copy of which is hereto attached, was published in said paper 

in the regular daily edition, 

for .................... .\.. .................... times, the first publication being on the .. :.J ....... day 

of.~ ............................... 1992, and the subsequent consecutive 

.................................... u ................................................ . 

, 0 

~ 

- _ Sworn and subscribed to before me, a Norary Public in 

/) _} _ and ~r the_Coun!r_ of BemaliUo and State of New 

o ~ Menco, this ....... :.1.. .. day of...~~~ ............. 1992. 

PRICE .............. ;i\ .. ;2J., .. 9..Q .................................. .. 

/~-/?-93 Statement to come at end of month. 

CLA-22-A (R-12m) ACCOUNT NUMBER .... C..8'.Q.?..2Cl.E. ............ .. 
-NOTICEAIR QUALITY CONTROL BOARD 

THE 

ALBUQUERQUE/BERNALILLO 

COUNTY AIR QUALITY 

CONTROL BOARD PUBLIC 

HEARING ON AMENDMENTS TO 

THE STATE IMPLEMENTATION 

PLAN SCHEDULED FOR 

OCTOBER 7, 1992 

HAS BEEN MOVED. 

THE HEARING AND MONTHLY 

MEETING WILL BE HELD 

IN THE CONVENTION CENTER,WESTCOMPLE~ 

ACOMA/ZUNI ROOM. 

THE HEARING WILL BEGIN 

AT 6:00PM. 
Committal Plan and Supplement 

to the New Mexico SIP 

Pertaining to 

Small Business Stationary Source Technical and Envlron.ental 

COmpliance Assistance Program 

for 

Bernalillo County 

as Required by the 

Clean Air Act Amendments of 1990 

prepared by: 

Albuquerque Environmental Health Department 

Air Pollution Control and Vehicle Pollution Management Divisions 

Sarah B. Kotchian, Director 

for review and approval by: 

Albuquerque/Bernalillo County Air Quality Control Board 

September 7, 1992 

Approved after Public Hearing 

Lynda Taylor, Chairman 

~w 

:~3 
INTRODUCTION 

Section 507 of the 1990 Clean Air Act Amendments (90CAAA> requires each 

state to submit a revision to the federally-approved SIP (State 

Implementation Plan) by November 15, 1992, to establish a Small 

Business Stationary Source Technical and Environmental Compllance Assistance Program (SBAP). Small business eligibility for 

participation In the SBAP is defined in Section IV of this SIP. 

This revision to the SIP Is in the form of a narrative commitment for 

full Implementation of the SBAP by a date which will coincide with the 

effective date of the State's operating permit program, but no later 

than November 15, 1994. The schedule and commitment contained in this 

SIP specifies how and when each element will be placed Into full 

operation by the AEHD. 

Statutory Authority 

The Governor has the authority to create panels and determine the 

appointment process. The New Mexico Air Quality Control Act provides specific state authority In Section 74-2-5.1., "Duties and Powers of 

the Department and the Local Agency", which states. 

The Department and the local 

jurisdictions shall: E. 

stationary source technical 

assistance program, consistent 

507 of the federal act; ... 

agency for their respective establish a small business 

and en vi ronmenta 1 comp ll ance 

with the provisions of Section 

In general, the SBAP includes three key components, which are briefly described below, followed by a more detailed description for each 

component. 

Summary of the Small Business Assistance Program 

1. Designation of a Local Officer to serve as Ombudsman for small 

businesses In connection with the Implementation of the 90CAAA; 

The Small Business Ombudsman will be attached to the office of 

the AEHD Director. Coordination between the Ombudsman and 

technical staff will be most effective with the Ombudsman 

located In the AEHD Director's office. 

2. Establishment of a Small Business Assistance Program <SBAP> for 

providing technical and compliance assistance to small 

businesses; The technical posltion
 will be in the AEHD Air 

Pollution Control Division's' Planning Section to give small 

businesses correct technical, permitting and compliance information for all appl !cable 90CAM Tltle V, Tltle I, Title 

III, Title VI, SIP and other requirements. 

3. Creation of a Compliance Advisory Panel for determining the 

overall effectiveness of the SBAP. The Governor will create a 

Compliance Advisory Panel of seven members. The 90CAAA requires 

-2-
a panel of not less than seven members with specifications 

regarding selection of each member. The Governor will appoint 

two; legislative leaders will appoint four as specified in 

Section 507 (e) of the 90CAAA; and the AEHD Director will 

appoint one panel member. 

A budget will be established through Title V funding for expected 

activities of the AEHD Ombudsman, the AEHD Air Pollution Control 

Division's technical and Compliance assistance program, and the 

advisory panel. More detailed information· on the three components is 

contained in the remainder of this SIP. 

I. THE AEHD OMBUDSMAN 

The Ombudsman will be located in the office of the AEHD Director and 

will be appointed before November 15, 1994, to represent the 

interests of small businesses, as they relate to the implementation 

of Section 507(a) (3) of the 90CAAA. The AEHD Director is the Local 

equivalent to the EPA Region VI administrator with respect to 

implementation and responsibility for the Local Air program. 

The Ombudsmen will be capable of representing small business concerns 

to the local air pollution control agency by location in the office 

of the Director, as appropriate for the function of the office, the 

Ombudsman will have access to individuals or governmental units such 

as the Secretary of the Environment Department, the Governor's 

office, the Attorney General, and others through location in the 

office of the Director, to ensure the views and needs of small 

business are considered. 

The Ombudsman will have sufficient capability and resources to 

identify prob 1 ems and make recommendations as they re 1 ate to 

implementation of the SBAP. 

The Ombudsman will establish a relationship with other 

representatives of small business in State as well as Local 

government by means of coordination initiated by the Ombudsman and 

will assist in establishing a clearinghouse mechanism for providing 

referrals of small business to the SBAP for information. 

As authorized by existing State law and regulations for access to 

i nforma ti on, the Ombudsman wi 11 have the authority to obtain data 

available to the public from other local and State agencies. 

Sufficient resources, such as printing and mailing costs, will be 

provided to the AEHD office of the Small Business Ombudsman to enable 

that office to discharge its new responsibility effectively. 

Resources will be made available through 90CAAA Title V fees when 

regulations are prepared and become effective at the local level. 

The Ombudsman will also assist in providing information regarding the 

SBAP to small businesses by addressing trade associations and other 

industry groups, assisting with seminars, workshops and preparation 

of outreach materials. 

-3-
II. ALBUQUERQUE ENVIRONMENTAL HEALTH DEPARTMENT SMALL BUSINESS 

ASSISTANCE PROGRAM 

The techn i ca 1 component of the SBAP wi 11 cons l s t of Loca 1 techni ca 1 

expert
 who will respond to requests for assistance from small 

businesses. The staff will be located In the Air Pollution Control 

Division Planning/SIP Section, and will be able to respond to 

permitting and compliance questions. Through use of available 

training, SBAP technical staff will include personnel reasonably 

knowledgeable In Title V permitting rules and SIP development and 

enforcement. If additional help Is needed, SBAP technical staff will 

be ab 1 e to confer with other technl ca 1 experts l n the Air Poll uti on 

Control Division and EPA in order to provide the appropriate 

technical assistance to small businesses. 

The AEHD estimates, based on Its current analysis of eligible 

sources, predominantly non-major sources under Title V and Title III, 

that two-to-three full-time technical positions, whose primary 

responsibilities will be the AEHD SBAP, will ultimately be sufficient 

for this component. The AEHD will fill the staff positions In stages 

as necessary based on workload as new source categories are regulated by EPA under Title II I of the 90CAAA. The AEHD may defer permi ttl ng of non-major sources as allowed in EPA's Title V permitting 

regulation promulgated In the Federal Register on June 25, 1992. 

Adequate mechanisms will be established to meet the requirements of 

Section 507 <a> <1, 2, 4-7>. These mechanisms will include the 

following programs: 

A. Adequate mechanisms for developing, collecting and coordinating information concerning compliance methods and technologies for 

small business stationary sources, and programs to encourage lawful cooperation among such sources and other persons to 

further compliance with this Act. A number of the mechanisms 

are described below: 

1. A process will be developed for addressing trade 

associations and other industry groups as appropriate. 

2. Public service announcements <PSAs> may be prepared as 

appropriate and submitted for broadcast. Seminars and 

workshops will be conducted as appropriate. 

3. Available resources such as the Control Technology Center 

<CTC>, the Emissions Measurement Technical Information 

Center <EMTIC) and other U. S. Environmental Protection 

Agency <EPA> services will be used as feasible to acquire technical information with which to assist small businesses. 

4. Information will be exchanged with the air agencies of 

neighboring states as appropriate .. 

-4-
5. Coordination will be done with other agencies and 

organizations to help refer small businesses to the Small 

Business Assistance Program. A clearinghouse or other 

process may be established to aid in referring small 

business is inquiries to the SBAP for information. 

6. A hotline telephone number will be designated or established 

for the AEHD SBAP. It will serve as the SBAP hotl i ne. It 

may be a toll-free hotline. 

7. Information packets will be developed and distributed to 

small businesses upon request. 

The AEHD's Air Pollution Control Division SBAP technical and 

compliance staff will provide the activities listed below using a 

number of the methods and techniques described in items 1 through 7 

above, i.e., information packets, preparation of PSAs, mall-outs, and 

coordination through other agencies and organizations. 

B. Adequate mechanisms to assure that small business stationery 

sources receive notice of their rights under this Act in such 

manner and form as to assure reasonably adequate time for such 

sources to evaluate compliance methods and any relevant or 

applicable proposed or final regulation or standard issued under 

this Act. 

C. Upon request of an eligible small business, provide a listing of 

auditors who have notified the SBAP that they are qualified to 

perform audits or inspections of a source to determine 

compliance with applicable air quality regulations. 

D. Procedures for consideration of requests from a small business 

stationary source for modification of: 

1. Any work practice or technological method of compliance, or 

2. The schedule of milestones for implementing such work 

practl ce or method of comp 1 i ance preceding any app 1 l cab 1 e 

compliance date, based on the technological and financial 

capability of any such small business stationary source. No 

such modification may be granted unless it is in compliance with applicable requirements of the Clean Air Act, including 

the requirements of the New Mexico State Implementation 

Plan, and the New Mexico Air Quality Control Act. Where 

such applicable requirements are set forth in Federal 

regulations, only modifications authorized in such 

regulations may be allowed. 

E. Adequate mechanisms for assisting small business stationary 

sources with pollution prevention and accidental release 

detection and prevention, including providing information 

concerning alternative technologies, process changes, products, 

and methods of operation that help reduce air pollution. 

-5-
III. NEH MEXICO COMPLIANCE ADVISORY PANEL 

The Compliance Advisory Pane 1 created by the Governor wi 11 serve for 

both the State and local SBAP programs. The Governor wi 11 create a 

Compliance Advisory Panel consisting of seven individuals and members 

who will be appointed before November 15, 1994. 

The Compliance Advisory Panel shall consist of: 

a. Two members, who are not owners, or representatives of 

owners, of small business stationary sources, selected by the Governor to represent the general public; 

b. Two members selected by the State legislature who are 

owners, or who represent owners, of sma 11 business 

stationary sources <one member each by the majority and 

minority leadership of the lower house, or in the case of a 

unicameral State legislature, two members each shall be 

selected by the majority leadership and the minority leadership, respectively, of such legislature, and 

subparagraph <Cl shall not apply>; 

c. Two members selected by the State legislature who are 

owners, or who represent owners, of sma 11 business 

stationary sources <one member each by the majority and 

minority leadership or the upper house, or the equivalent State entity>; and 

d. One member selected by the head of the department or agency 

of the State responsible for air pollution permit programs 

to represent that agency. The NMED secretary wi 11 appoint 

the NMED pane 1 member from NMED to provide the pane 1 with 

know! edge of the 90CAAA and the permltti ng and enforcement 

program. For ex amp 1 e, the NMED secretary may appoint 

herself or the Environment Protection Division (EPDl 

Director or staff within the Department. 

The Compliance Advisory Panel has the following duties: 

1. Render advisory opinions on the effectiveness of the SBAP; 

difficulties encountered, and degree and severity of enforcement. 

2. Prepare periodic reports to the EPA on the compliance status of 

the Small Business Stationary Source Technical and Environmental 

Compliance Assistance Program and SBAP following the intent of 

the provisions of the Paperwork Reduction Act, the Regulatory Flexibility Act, and the Equal Access to Justice Act; and 

3. Review information prepared by the SBAP for small business 

stationary sources to assure such information is understandable 

to the non-technical person to the maximum extent possible given the nature of the 90CAAA. 

-6-
The AEHD will assist the NMED Air Quality Bureau Small Business 

Stationary Source Technical and Compliance Assistance Program, which 

serves as the secretariat for the development and dissemination of 

such reports and advisory opinions, in matters concern! ng the Loca 1 

Program. 

The imp 1 ementa tion and rna i ntenance of the SBAP will be supported by 

funds derived from Title V requirements and, for that reason, timing 

or SBAP implementation to coordinate with timely adoption of the 

Title V·permit regulations, including fee regulations, is critical. 

IV. ELIGIBILITY DETERMINATIONS 

Small business stationary sources which qualify for the Small 

Business Assistance Program are defined in Section 507 (c) (1) of the 

90CAAA as a stationary source that; 

<A> is owned or operated by a person that employs 100 or fewer 

individuals; 

(B) is small business concern as defined In the Small Business Act; 

(C) is not a major stationary source; 

(0) does not emit 50 tons or more per year of any regulated 

pollutant; and 

<E> emits less than 75 tons per year of all regulated pollutants. 

The AEHD will establish a method for determining the eligibility of 

small business stationary sources to receive assistance under this 

program which includes an evaluation of a source's eligibility using 

the criteria listed above from Section 507 (c) <1> of the 90CAAA. 

Sources that do not meet the criteria of Sections 507 (c) <D <C-E> 

of the 90CAAA, and which do not emit more than 100 tons per year of 

all regulated pollutants, may petition the AEHD for grants of 

eligibility under the SBAP. AEHD will develop a method for 

eva 1 uati ng petitions. Any grants of e 11 gi blli ty cons 1 de red by the 

AEHD will be granted only after public notice and comment. 

Sources or source categories with sufficient financial and technical 

resources to meet their obligations under the 90CAAA may be excluded 

by the AEHD from receiving assistance under the Small Business 

Ass I stance Program. Any exclusion by the AEHD of sources or source 

categories from the SBAP, will occur in consultation with the EPA 

Administrator and the Administrator of the Small Business 

Administration and only after public notice and opportunity for 

public hearing. 

-7-
August 30, 1994 

November 1, 1994 

March 30, 1994 

June 30, 1994 

November 1, 1994 

July 30, 1994 

September 30, 1994 

November 1, 1994 

November 15, 1994 

SUMMARY SCHEDULE 

AEHD SBAP SIP IMPLEMENTATION 

AEHD Ombudsman will be appointed. 

AEHD Ombudsman will be fully capable of 

carrying out responsibilities. 

SBAP technical and compliance staff positions 

will be created in the Air Pollution Control 

Division. 

First SBAP technical and compliance staff 

position will be filled. 

First SBAP technical and compliance staff 

member will be capable of meeting 

responsibilities. Additional SBAP staff will 

be hi red after November 15, 1994, as needed. 

The New Mexico Compliance Advisory Panel will 

be created. 

The New Mexico Compliance Advisory Panel 

members will have been appointed consistent 

with the 90CAAA. 

The New Mexico Compliance Advisory Panel will 

be fully capable of fulfilling Its duties. 

Local SBAP program will be In operation. 

-8-
RP/oss 09/08/92 

cc: File 

3/3710 

-9-
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25 

26 

[~9ARHtta~-P~an-andl Proposed Supplement 

to the New Hexico SIP 

Pertaining to 

Small Business Stationary Source Technical and Environmental 

Compliance Assistance Program for 

Bernalillo COUnty 

as Required by the 

Clean Air Act Amendments of 1990 

prepared by: 

Albuquerque Environmental Health Department 

Air Pollution Control and Vehicle Pollution Management Divisions 

Sarah B. Kotchian, Director 

for review and approval by: 

Albuquerque/Bernalillo County Air Quality Control Board 

[~e~tem~e~l October 7, 1992 

Approved after Public Hearing 

Lynda Taylor, Chairman 
- c: 

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1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

INTRODUCTION 

Section 507 of the 1990 Clean Air Act Amendments (90CAAA> requires each 

state to submit a revision to the federally-approved SIP <State 

Implementation Plan> by November 15, 1992, to establish a Small 

Business Stationary Source Technical and Environmental Compl lance 

Assistance Program <SBAP>. Small business eligibility for 

participation in the SBAP is defined in Section IV of this SIP. 

This revision to the SIP is in the form of a narrative commitment for 

full implementation of the SBAP by a date which will coincide with the 

effective date of the State's operating permit program, but no later 

than November 15, 1994. The schedule and commitment contained In this 

SIP specifies how and when each element will be placed Into full 

operation by the AEHD . 

Statutory Authority 

The Governor has the authority to create panels and determine the 

appointment process. The New Mexico Air Quality Control Act provides 

specific state authority In Section 74-2-5.1., "Duties and Powers of 

the Department and the Local Agency", which states. 

The Department and the local 

jurisdictions shall: E. 

stationary source techni ca 1 

assistance program, consistent 

507 of the federal act; ... 

agency for their respective 

establish a small business 

and environmental compliance 

with the provisions of Section 

In general, the SBAP Includes three key components, which are briefly described below, followed by a more detailed description for each 

component. 

Summary of the Small Business Assistance Program 

1. Designation of a Local Officer to serve as Onbudsman for small 

businesses In connection with the Implementation of the 90CAAA; 

The Sma 11 Bus I ness Ombudsman will be attached to the off! ce of 

the AEHD Director. Coordination between the Ombudsman and 

technical staff will be most effective with the Ombudsman 

located In the AEHD Director's office. 

2. Establishment of a Small Business Assistance Program <SBAP> for 

providing technical and compliance assistance to small 

businesses; The technical position
 will be in the AEHD Air 

Pollution Control Division's Planning Section to give small 

businesses correct technical, permitting and compliance 

information for all applicable 90CAAA Title V, Title I, Title 

III, Title VI, SIP and other requirements. 

3. Creation of a Compliance Advisory Panel for determining the 

overall effectiveness of the SBAP; The Governor wi 11 create a 

Compliance Advisory Panel of seven members. The 90CAAA requires 

-1-
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

a panel of not less than seven members with specifications 

regarding selection of each member. The Governor will appoint 

two; legislative leaders will appoint four as specified in 

Section 507 <e> of the 90CAAA; and the [A~~g] NMEQ Director will 

appoint one panel member. 

A budget wi 11 be e stab 1 i shed through Title V funding for expected 

activities of the AEHD Ombudsman, the AEHD Air Pollution Control 

Division's technical and compliance assistance program, and the 

advisory panel. More detailed information on the three components is 

contained in the remainder of this SIP. 

I. THE AEHD ()!BlJDSMAN 

The Ombudsman will be located in the office of the AEHD Director and 

wi 11 be appointed before November 15, 1994, to represent the 

interests of small businesses, as they relate to the implementation 

of Section 507<a> (3) of the 90CAAA. The AEHD Director is the Local 

equivalent to the EPA Region VI administrator with respect to 

implementation and responsibility for the Local Air program. 

The [Qffi9Y~5ffieR] Ombudsman will be capable of representing small 

business concerns to the local air pollution control agency by location in the office of the Director[,]~ As appropriate for the 

function of the office, the Ombudsman will have access to individuals 

or governmental units such as the Secretary of the Environment 

Department, the Governor's off! ce, the Attorney Genera 1, and others 

through location in the office of the Director, to ensure the views 

and needs of small business are considered. 

The Ombudsman will have sufficient capability and resources to 

identify problems and make recommendations as they relate to 

implementation of the SBAP. 

The Ombudsman will establish a relationship with other 

representatives of small business in State as well as Local 

government by means of coordination i nltiated by the Ombudsman and 

will assist in establishing a clearinghouse mechanism for providing 

referrals of small business to the SBAP for information. 

As authorized by existing State law and regulations for access to 

information, the Ombudsman will have the authority to obtain data 

available to the public from other local and State agencies. 

Sufficient resources, such as printing and mailing costs, will be 

provided to the AEHD office of the Small Business Ombudsman to enable 

that office to discharge its new responsibility effectively. 

Resources will be made available through 90CAAA Title V fees when 

regulations are prepared and become effective at the local level. 

The Ombudsman will also assist in providing information regarding the 

SBAP to small businesses by addressing trade associations and other 

industry groups, assisting wlth seminars, workshops and preparation of outreach materials. 

-2-
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12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

II. ALI!I..K1JERQUE ENVIRONMENTAL HEALTH DEPARTMENT SHALL BUSINESS 

ASSISTANCE PROGRAM 

The technical component of the SBAP will consist of Local technical 

expert
 who will respond to requests for assistance from small 

businesses. The staff will be located in the Air Pollution Control 

Division Planning[t~*P1 Section, and will be able to respond to 

permitting and compliance questions. Through use of available 

training, SBAP technical staff will include personnel reasonably knowledgeable In Title V permitting rules and SIP development and 

enforcement. If additional help is needed, SBAP technical staff will 

be able to confer with other technical experts In the Air Pollution 

Control Division and EPA in order to provide the appropriate technical assistance to small businesses . 

The AEHD estimates, based on its current analysis of eligible 

sources, predominantly non-major sources under Title V and Title III, 

that two-to-three full-time techni ca 1 posItions, whose primary responsibilities will be the AEHD SBAP, will ultimately be sufficient 

for this component. The AEHD will fill the staff positions in stages 

as necessary based on workload as new source categories are regulated by EPA under Title III of the 90CAAA. The AEHD may defer permitting of non-major sources as allowed in EPA's Title V permitting regulation promulgated in the Federal Register on June 25, 1992. 

Adequate mechanisms w111 be estab 11 shed to meet the requl rernents of 

Section 507 (a) (1, 2, 4-7>. These mechanisms will Include the 

following programs: 

A. Adequate mechanisms for developing, collecting and coordinating Information concern! ng compll ance methods and technologIes for 

small business stationary sources, and programs to encourage lawful cooperation among such sources and other persons to 

further compliance wlth this Act. A number of the mechanisms 

are described below: 

Qutreach TechniQues 

1. A process will be developed for 

associations and other industry groups as 

addressing 

approprl ate. 

trade 

2. Public service announcements <PSAs> may be prepared as 

appropriate and submitted for broadcast. Seminars and 

workshops will be conducted as appropriate. 

3. Ava 11 ab 1 e resources such as the Contra I Techno logy Center 

<CTC>, the Emissions Measurement Technical Information 

Center <EMTIC) and other U. S. Environmental Protection 

Agency <EPA) services will be used as feas l b 1 e to acqu l re 

technical information with which to assist small businesses. 

4. Information will be exchanged with the air agencies of 

neighboring states as appropriate. 

-3-
c 

.Q 

iii 

a; 

..:.o 

-~- '" ' 

~ 

•--j2 "'=ca 

~::::2: 

" iii "'

--"' " c·ca " 

·CC ~-

.1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

5. Coordination will be done with other agencies and 

organizations to help refer small businesses to the Small 

Business Assistance Program. A clearinghouse or other 

process may be established to aid in referring small 

business [~sJ inquiries to the SBAP for information. 

Responsive Technig~ 

6. A hotline telephone number will be designated or established 

for the AEHD SBAP. It will serve as the SBAP hotl I ne. It 

may be a toll-free hotline. 

7. Information packets will be developed and distributed to 

small businesses upon request. 

The AEHD's Air Pollution Control Division SBAP technical and 

compliance staff will provide the activities listed below using a 

number of the methods and techniques described in items l through 7 

above, i.e., information packets, preparation of PSAs, mail-outs, and 

coordination through other agencies and organizations. 

B. Adequate mechanisms to assure that small business [sh:li~eRel'yJ 

stationary sources receive notice of their rights jflQ 

obligations under this Act in such manner and form as to assure 

reasonably adequate time for such sources to evaluate compliance 

methods and any relevant or applicable proposed or final 

regulation or standard issued under this Act. 

C. Upon request of an eligible small business, provide a listing of 

auditors who have notified the SBAP that they are qualified to 

perform audits or inspections of a source to determine 

compliance with applicable air quality regulations. 

D. Procedures for consideration of requests from a small business 

stationary source for modification of: 

l. Any work practice or technological method of compliance, or 

2. The schedule of milestones for implementing such work 

practice or method of compliance precedIng any applicable 

compl lance date, based on the technological and financial 

capability of any such small business stationary source. No 

such modification may be granted unless it is in compliance with applicable requirements of the Clean Air Act, including 

the requirements of the New Mexico State Implementation 

Plan, and the New Mexico Air Quality Centro l Act. Where 

such applicable requirements are set forth in Federal 

regulations, only modifications authorized in such 

regulations may be allowed. 

-4-
·• 

j 

i § lz]i 

·~ 

l 

1 

2 

3 

4 

5 

6' 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

E. Adequate mechanisms for assisting small business stationary 

sources with pollution prevention and accidental release 

detection and prevention, including providing information 

concerning alternative technologies, process changes, products, 

and methods of operation that help reduce air pollution. 

~Provisions wjll be made to provide compliance assistance . . Information to small businesses to aid them In 4d~tifvlng.- M't(~«". ap~JI~~;ereouirements. %~taiQ~Df permit; In }.timelg:;hif"e c. 

an n rstandiJl<;L faclll n h s and bllg t10ns h 

90CAAA. The Information w! 11 help small businesses to 

(])identify aopllcable rules: <2>determine permit appllcabll1ty 

fQr small business sources: (3?identlfv alternative control 

technologies for small business sources: and <4>understand 

permitting procedures Including appl!catlons. fees. and permit 

compliance requirements. 

III. NEH MEXICO COMPLIANCE ADVISORY PANEL 

The Compliance Advisory Panel created by the Governor will serve for 

both the State and local SBAP programs. The Governor wi 11 create a 

Compliance Advisory Panel consisting of seven Individuals and members 

who will be appointed before November 15, 1994. 

.The Compliance Advisory Panel shall consist of: 

a. Two members, who are not owners, or representatives of 

owners, of small business stationary sources, selected by the Governor to represent the general public; 

b. Two members selected by the State legislature who are 

owners, or who represent owners, of small business 

stationary sources (one member each by the majority and 

minority leadership of the lower houseET-&F-4~~~~~~~ 

~R+ea~eFa+--State--~~~~~~r-~-~~-~~-~~44--be 

se+eetee--~-~--ma3&F~ty--4~4e~~~4~-~--~--~+ReF4ty 

+eadeFsh+~T---~~~44~~,---~---~~---~~~~t~~r---aRe 

s~bpaFagFa~h-,G~-sha++-Rei-ap~+yJ>; 

c. Two members selected by the State legislature who are 

owners, or who represent owners, of sma 11 bus I ness 

stationary sources <one member each by the majority and 

minority leadership (eFJ Qf the upper house(T--&F--~~ 

e~~4¥a+eRt-~tate-eRt4tyJ>; and 

d. One member se 1 ected by the head of the department or agency of the State responsible for air pollution permit programs 

to represent that agency. The NMED Secretary will appoint the NMED panel member from NMED to provide the panel with 

knowledge of the 90CAAA and the permi ttl ng and enforcement 

program. For example, the NMED Secretary may appoint 

herself or the Environment Protection Division (EPD> 

Director or staff within the Department. 

-5-
·--~~-------~--.. 

1 The Compliance Advisory Panel has the following duties: 

2 1. Render advisory opinions on the effectiveness of the SBAP; 

difficulties encountered, and degree and severity of enforcement. 

3 

2. Prepare periodic reports to the EPA on the compliance status of 

4 the Small Business Stationary Source Technical and Environmental 

Compliance Assistance Program and SBAP following the intent of 

5 the provisions of the Paperwork Reduction Act, the Regulatory 

Flexibility Act, and the Equal Access to Justice Act; and 

6 

7 

8 

9 

10 

11 

12 

13 

14 

3. Review Information prepared by the SBAP for small business 

stationary sources to assure such Information Is understandable 

to the non-technical person to the maximum extent possible given the nature of the 90CAAA. 

The AEHD will assist the NMED Air Quality Bureau Small Business 

Stationary Source Technical and Environmental Compliance Assistance 

Program, which serves as the secretariat for the development and 

dissemination of such reports and advisory opinions, In matters 

concerning the Local Program. 

The Implementation and maintenance of the SBAP wl 11 be supported by 

funds derived from Title V requirements and, for that reason, timing [er] Q[ SBAP Implementation to coordinate with timely adoption of the 

Title V permit regulations, Including fee regulations, Is critical. 

15 IV. ELIGIBILITY DETERMIKATIOHS 

16 Small business stationary sources which qualify for the Small 

Business Assistance Program are defined In Section 507 <c> <1> of the 

17 90CAAA as a stationary source that: 

18 

19 

20 

21 

22 

<A> Is owned or operated by a person that employs 100 or fewer 

Individuals; 

<B> Is g small business concern as ·defined In the Small Business Act; 

(C) Is not a major stationary source; 

(0) does not emit 50 tons or more per year of any regulated pollutant; and 

23 (E) emits less than 75 tons per year of all regulated pollutants. 

24 

25 

26 

The AEHD will establish a method for determining the eligibility of 

small business stationary sources to receive assistance under this 

program which Includes an evaluation of a source's eligibility using the criteria listed above from Section [§Q] 507 <c> (1) of the 90CAAA. 

-6-
1 Sources that do not meet the criteria of Sections 507 <c> (1) <C-E> 

of the 90CAAA, and which do not emit more than 100 tons per year of 

2 all regulated pollutants, may petition the AEHD for grants of 

eligibility under the SBAP. AEHD will develop a method for 

3 evaluating petitions. Any grants of eligibility considered by the 

AEHD will be granted only after public notice and comment. 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

Sources or source categories with sufficient financial and technical 

resources to meet their obligations under the 90CAAA may be excluded 

by the AEHD from receiving assistance under the Small Business 

Assistance Program. Any exclusion by the AEHD of sources or source 

categories from the SBAP, will occur in consultation with the EPA 

Administrator and the Administrator of the Small Business 

Administration and only after public notice and opportunity for 

public hearing. 

August 30, 1994 

November 1 , 1994 

March 30, 1994 

June 30, 1994 

November 1, 1994 

July 30, 1994 

September 30, 1994 

November 1, 1994 

November 15, 1994 

SUMMARY SCHEDULE 

AEHD SBAP SIP IMPLEMENTATION 

AEHD Ombudsman will be appointed. 

AEHD Ombudsman will be fully capable of 

carrying out responsibilities. 

SBAP technical and compliance staff positions wi 11 be created in the Air Pollution Control 

Division. 

First SBAP technical and compliance staff 

position will be filled. 

First SBAP technical and compliance staff 

member will be capable of meeting responsibilities. Additional SBAP staff will 

be hired after November 15, 1994, as needed. 

The New Mexico Compliance Advisory Panel will 

be created. 

The New Me xi co Compliance Advisory Panel 

members will have been appointed consistent 

with the 90CAAA. 

The New Mexico Compliance Advisory Panel will 

be fully capable of fulfilling its duties. 

Local SBAP program will be in operation. 

-7-
258 

•bmit a permit revised to meet the objection, the Administrator 

the permit in accordance with the requirements of this tit 

be subject to judicial review until the Administrator tak 

deny a permit under this subsection. 

.all issue oi 

No objection 

final action to 

"(d) Wa er of Notification Requirements.-(1) The Adminis ator may waive the 

requiremen " of subsections (a) and (b) at the time o approval of a permit 

program unde this title for any category (including y class, type, or size 

within such ca ory) of sources covered by the progr other than major sources. 

" ( 2} The AdminJ: trator may, by regulation, esta :Ish categories of sources 

(including any c ss, type, or size within ch category} to which the 

requirements of subs_ tions (a) and (b) shall n apply. The preceding sentence 

shall not apply to maj sources. 

" ( 3) The Administrator ~ay exclude from waiver under this subsection 

notification under subsecti (a) ( 2). Any w ver granted under this subsection may 

be revoked or modified by th_ dministr or by rule. 

"(e) Refusal of Permitting thori To Terminate, Modify, or Revoke and 

Reissue.-If the Administrator fi at cause exists to terminate, modify, OI 

revoke and reissue a permit under s title, the Administrator shall notify the 

permitting authority and the sour of e Administrator's finding. The permitting 

author! ty shall, ~!i thin 90 days ter re_ ipt of such notification, forward to the 

Administrator under this SA tion a pr osed determination of termination, 

modification, or revocation nd reissuance, appropriate. The Administrator ma:z 

extend such 90 day perio for an additional _ days if the Administrator finds 

that a new or revised rmit application is ne ssary, or that the permittin£ 

authority must requit: the permittee to submit additional information. ThE 

Administrator may r iew such proposed determinatJ: under the provisions of 

subsections (a) an (b). If the permitting authority fa s to submit the requirec 

proposed determ ation, or if the Administrator obje_ s and the permittin£ 

authority fail to resolve the objection within 90 days, Administrator may, 

after notice nd in accordance with fair and reasonable dures, terminate, 

modify, or evoke and reissue the permit. 

•sEC. 50 • OTHER AUTHORITIES. 

"(a) General.-Nothing in this title shall prevent a State, o interstate 

perm ing authority, from establishing additional permitting requi 

inc sistent with this Act. 

" b) Permits Implementing Acid Rain Provisions.-The provisions of this tle, 

ncluding provisions regarding schedules for submission and approva OJ 

disapproval of permit applications, shall apply to permits implementing thf 

ESEJBiremeali&: gf 'ti~lii 131 QXCSipt as modi fjpd hi that tit1e . 

"SEC. 507. SMALL BUSINESS STATIONARY SOURCE TECHNICAL AND ENVIRONMEN'V-.L COMPLU.NCl 

ASSISTANCE PROGRAM. 

"(a) Plan Revisions.-Consistent with sections 110 and 112, each State shall, 

after reasonable notice and public hearings, adopt and submit to the Administrate: 

as part of the State implementation plan for such State or as a revision to sue: 

State implementation plan under section 110, plans for establishing a smal 

business sta-
259 

tionary source technical and environmental compliance assistance program. such 

submission shall be made within 24 months after the date of the enactment of the 

Clean Air Act F~endments of 1990. The Administrator shall approve such program if 

it includes each of the following: 

" ( 1) Adequate mechanisms for developing 1 collecting 1 and coordinating 

information concerning compliance methods and technologies for small business 

stationary sources, and programs to encourage lawful cooperation among such 

sources and other persons to further compliance with this Act. 

" ( 2) Adequate mechanisms for assisting small business stationary sources with 

pollution prevention and accidental release detection and prevention, including 

providing information concerning alternative technologies, process changes, 

products, and methods of operation that help reduce air pollution. 

"(3) A designated State office within the relevant State agency to serve as 

ombudsman for small business stationary sources in connection with the 

implementation of this Act. 

"(4) A compliance assistance program for small business stationary sources 

which assists small business stationary sources in determining applicable 

requirements and in receiving permits under this Act in a timely and efficient 

manner. 

"(5) Adequate mechanisms to assure that small business stationary sources 

receive notice of their rights under this Act in such manner and form as to 

assure reasonably adequate time for such sources to evaluate compliance methods 

and any relevant cr applicable proposed or final regulation or standard issued 

under this Act. 

"(6) Adequate mechanisms for informing small business stationary sources of 

their obligations under this Act, including mechanisms for referring such I 

sources to qualified auditors or, at the option of the State, for providing 

audits of the operations of such sources to determine compliance with this Act. 

" ( 7) Procedures for consideration of requests from a small business 1 stationary source for modification of-

"(A) any work practice or technological method of compliance, or 

"(B) the schedule of milestones for implementing such work practice or 

method of compliance preceding any applicable compliance date, based on the I 

technological and financial capability of any such small business stationary 

source. No such modification may be granted unless it is in compliance with 

the applicable requirements of this Act, including the requirements of the 

applicable implementation plan. Where such applicable requirements are set I 

forth in Federal regulations, only modifications authorized in such 

regulations may be allowed. 

"(b) Program.-The Administrator shall establish within 9 months after the date I 

of the enactment of the Clean Air Act Amendments of 1990 a small business 

stationary source technical and environmental compliance assistance program. Such · program shall- 1 "(1) assist the States in the development of the program required under · subsection (a) (relating to assistance for small-business stationary sources); · 

I 

[ 

z c 

( ' • " 
260 

"(2\ issue guidan~e for the use of the States in the implementation of p::ogra~s th2t includes alternati':e control technologies and pollution preve m~thods applicable to small bus~ness stationary sources; and - " ( 3 \ provide for implementation of the program provisions required subse~tion (a}(4) in any State that fails to submit such a program undez 

subse~tion: 

"(c) Eligibility.-(1} Except as provided in paragraphs (2} and (3), for pul 

of this section, the term 'sw~ll business stationary source' me2ns a stat 

source that-

"(A) is owned or operated by a person that emplcys 100 or fewer indivic 

"(B) is a small business concern as defined in the Small Business Act 

"(C) is not a major stationary source; 

"(D) does not emit 50 tons or more per year of any regulated pollutani 

"(E) emits less than 75 tons per year of all regulated pollutants. 

"(2) Upon petition by a source, the State may, after notice and opportuni· 

public comment, include e.s a small business stationary source for purposes ' 

section any st2tionary source which does not meet the criteria of subpar< 

(C), (D), or (E) of paragraph (1) but which does not emit more than 100 tc 

year of all regulated pollutants. 

"(3)(A) The Administrator, in consultation with the Administrator of the 

Business Administration and after providing notice and opportunity for 

comment, may exclude from the small business stationary source definitior 

this section <:ny category or subcategory of sources th<:t the Admini~ 

determines to he.ve sufficient technical and fine.ncial capabilities to me 

requirements of this Act without the application of this subsection. 

"(E) The State, in consultation with the Administrator and the Administra 

the Sme.ll Business Administration and after providing notice and opportun: 

public hearing, may exclude from the small business stationary source def: 

under this section any category or subcategory of sources that the 

determines to have sufficient technical and financial capabilities to mE 

requirements of this Act without the application of this subsection. 

"(d) Monitoring.-The Administrator shall direct the Agency's Office of Smc 

Disadvantaged Business Utilization through the Sme.ll Business Oml 

{hereinafter in this section referred to as the 'Ombudsman') to monitor th 

business stationary source technical e.nd environmental complie.nce ass 

program under this section. In carrying out such monitoring ac:tivitie 

Ombudsman shall-

"(1) render advisory opinions on the overall effectiveness of the 

Business Station;:ry Source Technical and Enviro~_mental Complia,ce Assi Progra~, difficulties encountered, and degree and severity of enforceme 

"(2) make periodic reports to the Congress on the compliance of the 

Business Stationary source Technical and Environmental Compliance Assi 

Program with the require-
261 

: ~nts of the Paperwork Reduc~ion Act, the Regulatory Flexibility Act, and the ~qual Access to Justice Act; 

" ( 3) r9view information to Pe issued by the Small Business Stationary Source ~chnical and Environmental Compliance Assistance Program for small business 

tationary sources to ensure that the information is understandable by the 

layperson; and 

"(4) have the small Business Stationary Source Technical and Environmental 

ompliance Assistance Program serve as the secretariat for the development and 

wissemination of such report9 and advisory opinions. 

"(e) Compliance Advisory Panel.-(1) There shall be created a Compliance Advisory 

! ,nel (hereinafter referred to as the 'Panel') on the State level of not less than ~ individuals. This Panel shall- , "(A) render advisory opinions concerning the effectiveness of the srnall ~usiness stationary source technical and environmental compliance assistance 

>rogram, difficulties encountered, and degree and severity of enforcement; 

"(B) make periodic reports to the Administrator concerning the compliance of 

the State Small Business Stationary source Technical and Environmental 

:ornpliance Assistance Program with the requirements of the Paperwork Reduction ~ct, the Regulatory Flexibility Act, and the Equal Access to Justice Act; J 

"(C} review information for small business stationary sources to assure such 

information is understandable by the layperson; and 

"(D) have the Small Business Stationary Source Technical and Environmental 

Compliance Assistance Program serve as the secretariat for the development and I 

dissemination of such reports and advisory opinions. 

"(2) The Panel shall consist of-

"(A) 2 members, who are not owners, or representatives of owners, of small I 

business stationary sources, selected by the Governor to represent the general 

public; "(B) 2 members selected by the State legislature who are owners, or who 

represent owners, of small business stationary sources (1 member each by the I 

majority and minority leadership of the lower house, or in the case of a · unicameral State legislature, 2 members each shall be selected by the majority 

leadership and the minority leadership, respectively, of such legislature, and ' 

subparagraph (C) shall not apply); 

"(C) 2 members selected by the State legislature who are owners, or who 

represent owners, of small business stationary sources (1 member each by the 

majority and minority leadership of the upper house, or the equivalent State ~ entity); and 

"(D) 1 member selected by the head of the department or agency of the state 

responsible for air pollution permit programs to represent that agency. r, 

"(f) Fees.-The State (or the Administrator) may reduce any fee required under ~ this Act to take into account ~he financial resources of small business stationary 

sources. , . tf 

"(g) Continuous Emission Moni~ors.-In developing regulations and CTGs under this rJ 

Act that contain continuous emission monitoring requirements, the Administrator, 

consistent with the requiref'l 
.., 

.. ·' 

""' 

262 

ments of this Act, before applying such requirements to small business stati 

sources, shall consider the necessity and appropriateness of such requirement 

such sources. Nothing in this subsection shall affect the applicability of 

IV provisions relating to continuous emissions monitoring. 

" (h) Control Technique Guidelines. -The Administrator shall consider, cons is 

with the requirements of this Act, the size, type, and technical capabiliti 

small business stationary sources (and sources which are eligible under subse 

(c)(2) to be treated as small business stationary sources) in developing 

applicable to such sources under this Act.". 
l~/07/1992 15:34 FROM EPA AIR PEST. & TOX. DIV TO 85~57682617 P.02 

UNITED STATES ENVIRONMENTAL PROTECnON AGENCY 

REGION 6 

October 7, 1992 

1445 ROSS AVENUE. SUITE 1200 

DALLAS. TX 75202·2733 

~. Steven Walker, Manager 

Air Pollution control Division 

City of Albuquerque 

P. o. Box 1293 

Albuquerque, New Mexico 87103 

EXHIBIT 

STAFF 

b 

RE: Comments on Redrafted Small Business Assistance Program State Implementation Plan (SIP) Revision 

Dear Mr. Walker: 

Thank you for your letter dated August 13, 1992, submitting your Albuquerque/Bernalillo County draft SIP revision for the small 

Business Assistance Program required by Section 507 of the 1990 

Federal Clean Air Act Amendments. This draft revision was 

submitted by your agency in fulfillment of a FY92 Section lOS 

grant output objective (92-ALBQ-20). 

on September 7, 1992, you submitted a substitute redrafted SIP 

revision to us. The redrafted SIP was in response to our 

comments (copied via facsimile to your agency on August 6 and 

September l) on the New Mexico state draft plan revision. This 

letter will confirm our comments on tne September 7 redrafted SIP 

revision sent to you via facsimile on October 6, and our comments 

expressed to you in a telephone call on October 5, 1992, in which 

John Crocker participated with you. 

We have completed review of your September 7, 1992 1 redrafted SIP 

revision. Our comments, suggested changes, and identification of 

areas needing improvement are enclosed for your consideration. 

We have also enclosed a copy of our "SIP Revision Approval Checklist for Section 507 Small Business Assistance Program", which shows the results of our review. The checklist summarizes 

a majority of our comments. 

We want to bring your attention to the requirements of 

Section S07(a)(4) concerning a compliance assistance program. 

This element of the plan was addressed in item No. 9 in the 

July 28 Ne~ Mexico first draft SIP revision, but it somehow was 

omitted in their redraft dated August 14, 1992, and your redraft 

dated September 7, 1992. Your plan must address this element. 
10/07/1992 15:35 FROM EPA AIR PEST. & TOX. DIV TO 85057682617 P.03 

-2-

~e appreciate the work you did in preparing this redrafted SIP ~evision and incorporating our previous comments. We look 

!orward to receiving your final plan revision. If you have any 

questions, please contact Dr. John Crocker at. (214) 655-7596. 

Sincerely yours, 

- Je n ~ o/ar 

Thomas H. Diggs 

Chief 

?lanning Section (6T-AP) 

i::nclosures 

~c: Roger Polisar 

city of Albuquerque 

Cecilia Williams, Chief 

New Mexico Environment Department 
10/07/1992 15:35 FROM EPA AIR PEST. & TOX. DJV TO 8505758251 'I r'. 04 

--r -":-:--. ~~~.~.:/ . .r.:.~~ ·--· .... ')-. // (_ .· ;;~-~"-7 Pr-opo.se.J. '·- ~ ~ - i j 

-? €e11111ittal" Plan and Supplement -.........:..!!-;;;~~'lioi:r--J . to tlie Mev Hextco SIP -..... ..__ ; 

Pertaining to ···-. Small Susiness Stationary Source Technical and Environmental 

Compliance Assistance Progra. for 

Bernalillo County 

as Requtred by the 

Clean Air Act Alllendllents of 1990 

prepared by: 

Albuquerque Environmental Health Department Air Pollution Control and Vehicle Pollution Management Divisions 

Sarah B. Kotchlan, Director 

for review and approval by: 

Albuquerque/Bernalillo County· Air Quality Control Board 

September 7, 1992 

Approved after Public Hearing 

Lynda Taylor, Chairman 
10/07/1992 15:35 FROM EPA AIR PEST. & TOX. DIU TO 85057682617 P.05 

INTRODUCTION 

Section 507 of the 1990 Clean Air Act Amendments (90CAAA> requires each 

state to submit a revision to the federally-approved SIP <State 

Implementation Plan) by November 15, 1992, to establish a Small 

Business Stationary Source Technical and Environmental Compliance Assistance Program <SBAP>. Small business ellgibiHty for 

participation in the SBAP is defined In Section IV of this SIP. 

This revision to the SIP Is In the form of a narrative commitment for 

full implementation of the SBAP by a date which will coincide with the 

effective date of the State's operatfng permit program, but no later 

than November 15, 1994. The schedule and commitment contained In this 

SIP specifies how and when each element will be placed Into full 

operation by the AEHD. 

Statutory Authority 

The Governor has the authority to create panels and determine the 

appointment process. The New Mexico Air Quality Control Act provides specific state authority in Section 74-2-5.1., "Duties and Powers of 

the Oep;~.rtment and the Local Agency", which states. 

The Department and the local 

jurisdictions shall: E. 

stationary source techni ca I 

assistance program, consistent 

507 of the federal act; ... 

agency for their respective establish a small business 

and environmental compliance with the provh ion; of Section 

In general, the SBAP includes three key components, which are briefly 

described below, followed by a more detailed description for each 

component. 

1. 

2. 

3. 

Summary of the Small Business Assistance Program 

Designation of a Local Officer to serve as Ombudsman for small 

businesses In connectlol") with the Implementation of the 90CAAA; 

The small Business Ombudsman will be attached to the office of 

the AEHD Director. Coordination between the Ombudsman and 

technical staff will be most effective with the ombudsman 

located In the AEHO Director's office. 

Establishment of a Small Business Assistance Program <SBAP) for 

providing technical and compliance assistance to small 

businesses; The technical ~tion
 will be In the AEHD Air ~.Pollution Control Dlvlsio~ Planning Section to give small 

businesses correct technTc~l. permitting an1 compliance information for· all applicable 90CAAA Title V, Title I, Title 

III, Title VI. SIP and other requirement•. 

Creation of a Compliance Advisory Panel for determining the 

overall effectiveness of the SBAP. The Governor will create a 

Compliance Advisory Panel of seven members. The 90CAAA requires 

-2-
10/07/1992 15:36 FROM EPA AIR PEST. & TOX. DIU TO 85057682617 P.06 

a panel of not less than seven members with specifications regarding selection of each member. The Governor wili appoint 

two: legislative leaders will appoint four as specified in 

Section 507 Ce> of the 90CAAA; and the AEHD Director will 

appoint one panel member. 

A budget will be establl shed through Title V funding for expected activities of the AEHD Ombudsman, the AEHD Air Pollution Control 

-Division's technical and Compliance assistance program, and the 

advisory panel. More detailed Information on the three components is 

contained in the remainder of this SIP. 

I. THE AEHD OMBUDSMAN 

The Ombudsman will be located in the office of the AEHD Director and 

;. will be appointed before November 15, 1994, to represent the §:5o?(•'!~) interests of small businesses, as they relate to the implementation 

of Section 507(a) (3) of the 90CAAA. The AEHD Director is the Local 

equivalent to the EPA Region VI administrator with respect to 

implementation and responsibility for the local Air program . 

• llype -->The Ombudsmfn will be capable of representing small business concerns 

to the local air pollution control agency by location in the office 

r. ~" ::l, of the Director., /s appropriate for the function of the office, the 

ff'C Ombudsman will have access to Individuals or governmental units sucl'l 

as the Secretary of the Environment Department, the Governor's 

office, the Attorney General, and others through location in the 

office of the Director, to ensure the views and needs of small 

business are considered. 

The Ombudsman will have sufficient capability and resources to 

Identify problems and make recommendations as they relate to 

implementation of the SSAP. 

The Ombudsman will establish a relationship with other 

representatives of small business in State as well as Local 

government by means of coordl nation I nl tiated by the Ombudsman .and 

will assist in establishing a clearinghouse mechanism for providing referrals of small business to the SBAP for Information. 

As authorized by existing State law and regulations for access to 

Information, the Ombudsman wi 11 have the authority to obtain data 

available to the public from other local and State agencies. 

Sufficient resources, such as printing and. malTing costs, will be 

provided ·to the AEHD office of the Small Business Ombudsman to enable 

that office to discharge its new responsibility effectively. 

Resources will be made available through 90CAAA Title V fees when 

regulations are prepared and become effective at the local level. 

Th~ Ombudsman will also assist In providing information regarding the 

SBAP to small businesses by addressing trade associations and other 

Industry groul)s, assisting with seminars, workshops and preparation 

of outreach materials. 

-3-
10/07/1992 15:36 FROM EPA AIR PEST. & TOX. DIV TO 85057682617 P.07 

II. ALBUQUERQUE ENVIRONMENTAL HEALTH DEPARTMENT SMALL BUSINESS 

ASSISTANCE PROGRAM 

The technl ca 1 component of the SBAP wlll consist of Loca 1 techni ca 1 

expert
 who will respond to requests for assistance from small 

businesses. The s~ff will be located In the Air Pollution Control 

• ~ --Division Plannin~ Section, and will be able to respond to 

permitting and compliance questions. Through use of available 

training, SBAP technical staff will include personnel reasonably knowledgeable In Title V permitting rules and SIP development and 

enforcement. If additional help is needed, SBAP technical staff will 

be able to confer with other technical experts In the Air Pollution 

Control Division and EPA in order to provide the appropriate technical assistance to small businesses. 

The AEHD estimates, based on ·Its current analysis of e11glble 

sources, predominantly non-major sources under Title V and Title III, 

that two-to-three full-time technical positions, whose primary responsibilities will be the AEHD SBAP, will ultimately be sufficient 

for this component. The AEHD will fill the staff positions in stages 

as necessary based on workload as new source categories are regulated by EPA under Title III of the 90CAAA. The AEHD may defer permitting of non-major sources as allowed in EPA's Title V permitting regulation promulgated In the Federal Register on June 25, 1992. 

Adequate mechanisms wi 11 be es tab 11 shed to meet the requl rements of 

Section 507 <a> (1, 2. 4-7). These mechanisms will Include the 

following programs: 

A. Adequate mechanisms for developing, collecting and coordinating Information concerning compliance methods and technologies for 

small business stationary sources, and programs to encourage lawful cooperation among such sources and other persons to 

further compliance with this Act. A number of the mechanisms 

are dessribed below: 

-+ o .. t..-ea.c.n T£ihni~ues 

1. A process will be developed for addressing trade 

associations and other industry groups as appropriate. 

2. Public service announcements <PSAs) may be prepared as 

appropriate and submitted for broadcast. Seminars and 

workshops will be conducted as appropriate. 

3. Available resources such as the Control Technology Center 

<CTC>, the Emissions Measurement Technt ca 1 Information 

Center <EMTIC> and other U. S. Environmental Protection 

Agency <EPA) services will be used as feasible to acquire technical Information with which to assist small businesses. 

4. Information will be exchanged with the atr agencies of 

neighboring states as appropriate. 

-4-
10/07/1992 15:37 FROM EPA AIR PEST. & TOX. D!V TO 85057682617 P.08 

5. Coordination will be done with other agencies and 

organlzatfons to help refer small businesse> to the Small 

Business Assistance Program. A clearinghouse or other __ process may be established to aid in referring small 

1

!!"' ____,..bvslnessk lnauirles to the SSAP for Information. 

-+ Re.s-f'On:!f/1/f. ffi),tv'fl<t:.£ 

6. A hotllne telephone number will be designated or established 

for the AEHD SBAP. It will serve as the SBAP hotline. It 

may be a toll-free hotline. 

7. Information packets will be developed and distributed to 

small businesses upon request. W~~ fSo7(,)flf)CJitv-(r.;;..J.! #..,.,--J 1141-~. 

The AEHO's Air Pollution Control Division SBAP technical and 

compliance staff will provide the activities 11sted below using a 

number of the methods and techniques described In Items 1 through 7 

above, I.e., Information packets, preparation of PSAs, mail-outs, and 

coordination through other agencies and organizations. 

,_J c!._¥.:.,.,..... 7fr: -+B. Adequate mechanl sms to assure that smfll business statlon'iry 

Mp: sources recelve notice of their rights~~nder this Act In such 

mannH and form as to assure reasonably adequate time for such 

1 sources to evaluate compliance methods and any relevant or 

r-..){s) applicable proposed or final regulation or standard issued under 

this Act. W~ .V...3'5l'7M(i:) P,. ... + 1 ~_J(,:e.,oU:.:.~?(.&tt..):f;.......,. B tc. c:71:1.f,..4.f'<'&'',.) C. Upon request of an eligible smal~ business, provide a listing of 

.l!sc'i(,·lf>.) auditors who have notified the SBAP that they an qualified to 

F. r ;z ' perform audl ts or I nspectlons of a source to determine ~' compliance with applicable air quality regulations. 

/{o.)(7) 

D. Procedvres for consideration of requests from a sma l1 bus I ness 

stationary source for modification of: 

I. Any work practice or technological method of compliance. or 

2. The schedule of milestones for Implementing such work 

practlte or method of compliance preceding any applicable compliance date, based on the technological and financial 

capability of any such small business stationary source. No 

such modification may be granted unless 1t is In compliance with applicable requirements of the Clean Air Act, Including the requirements of the Hew Mexico State Implementation Plan. and the Hew Mexl co A I r Qua 1i ty Contro 1 Act. Hhere 

such applicable requirements are set forth In Federal 

regulations, only modifications authorized In such 

regulations may be allowed. 

E. Adequate mechanisms for assisting small business stationary 

sources with poll uti on prev11nt ion and a eel denta 1 release dete~tion and prevention. including providing Information 

concerning alternative tectmologles,. process changes. products, and methods of operation that help reduce air pollution. 

-5-
10/07/1992 15:38 FRO~l EPA AIR PEST. & TOX. D!V TO 85057682617 P.09 

III. NEH MEXICO COMPLIANCE ADVISORY PANEL 

The Comp ll ance Advisory Pane 1 created by the Governor wi 11 serve for 

both the State and 1 oca 1 SBAP programs. The Governor will create a 

Compliance Advisory Panel consisting of seven Individuals and members 

who will be appointed before November 15, 1994. 

The Compliance Advisory Panel shall consist of: 

a. Two members, who are not owners, or representatives of 

owners, of small business stationary sources, selected by 

the Governor to represent the general public; 

b. Two members selected by the State legislature who are 

owners, or who represent owners, of small business 

stationary sources <one member each -~ the majority and 

l:lttr..il-..:d~.~ {minority leadership of the lower househ'or in the case of a 

..oiWtJ..J...I.kc/.;.J..d;;..J unicameral State legislature, two members each shall be 

~ .. IVM i4. ._t se 1 ected by the majority leadership and the minority - - ~ "'" leadership, respectively, • of such legislature, and 

"J;.~? subparagraph <C) shall not ap~lyft; 

c. Two m~mbers selected by the State legislature who are 

owners, or who represent owners, of small business 

stationary sources <one member each by the majority and 

~minority leadership o-f the upper house[.+or the equivalent 

State ent~; and 

d. One member se 1 ected by the head of the department or agency 

of the State responsible for air pollution permit programs 

7fp• ~to represent that agency. The NMED /ecretary will appol nt 

the NMED pane 1 member from NMEO to provide the pane 1 with 

k.nowl edge of the 90CAAA and the perm! ttl ng and enforcement 

ijFc ~program. For example, the NMED lecretary may appoint 

herself or the Environment Protection Division <EPD) 

Director or staff within the Department . 

.1(..,)(•) The Compliance Advisory Panel has the following duties: 

1. Render advisory opinions on the effectiveness of the SBAP; 

difficulties encountered, and degree and severity of enforcement. 

2. Prepare periodic reports to the EPA on the compliance status of 

the Small Business Stationary Source Technical and Environmental 

Compliance Assistance Program and SSAP following the Intent of 

the provision; of the Paperwork. Reduction Act, the Regulatory 

Flexibility Act, and the Equal Access to Justice Act; and 

3. Review information prepared by the SBAP for small business 

stationary sources to assure such Information is understandable 

to the non-technical person to the maximum extent possible given 

the nature of the 90CAAA. 

-6-
./ i Srn (r..l't) 

10/07/1992 15:38 FROM EPA AIR PEST. & TOX. DIV TO 85057682617 P.10 

f F-nv;rortm~n-h./ 

The AEHD will assist the NMED ir Quality Bureau Small Business 

-?-Stationary Source Technical and Compliance Assistance Program, which 

serves as the secretariat for the development and dissemination of 

such reports and advisory opinions, in matters concerning the Local 

Program. 

The implementation and maintenance of the SBAP wi Jl be supported by fu~ds derived from Title V requirements and, for that reason, timing 

-1-- o"'f SBAP implementation to coordinate with timely adoption of the 

Title v permit regulations, Including fee regulations, is critical . 

IV. ELIGIBILITY DETERMINATIONS 

Small business stationary sources which qualify for the Small 

Business Assistance Program are defined in Section 507 <c) (1) of the 

90CAAA as a stationary source that: 

<A> is owned or operated by a person that employs 100 or fewer 

Individuals; 

01 7Yr" ~<B> lsAsmall business concern as defined In the Small Business Act; 

<C> Is not a major stationary source; 

<D> does not emit SO tons or more per year of any regulated 

po 11 utant; and 

<E> emits less than 75 tons per year of all regulated pollutants. 

The AEHD wi Jl establl sh a method for determining the ellgibi llty of 

small business stationary sources to receive assistance under this 

program which Includes an evaluation of a source's eligibility using the criteria listed above from Section 507 <c) <1> of the 90CAAA. 

·-+Sources that do not meet the criteria of Sections 507<c> <1) <C-E> of 

the 90CAAA. and which do not tmit more than 100 tons per year of all 

regulated pollutants, may petition the AEHD for grants of eligibility under the SBAP. AEHD will develop a method for evaluating petitions. Any grants of engiblllty considered by the AEHD will be 

granted only after public notice and comment. 

Sources or source categories with sufficient financial and technical 

resources to meet their obligations under the 90CAAA may be excluded 

by the AEHD from receiving assistance under the Small Business 

Assistance Program. Any exclusion by the AEHD of sources or source 

categories from the SBAP, will occur In consultation with the EPA 

Administrator and the Administrator of the Small Business 

Administration and only after public notice and opportunity for 

public hearing. 

-7-
10/07/1992 15:39 FROM EPA AIR PEST. & TOX. DIU TO 85057682617 P.ll 

August 30, 1994 

November l, 1994 

March 30, 1994 

June 30, 1994 

November 1, 1994 

July 30, 1994 

September 30, 1994 

November 1, 1994 

November 15, 1994 

/sUMMARY SCHEDULE 

AEHD SBAP SIP IMPLEMENTATION 

AEHD Ombudsman will be appointed. 

AEHD Ombudsman will be fully capable of 

carrying out responsibilities. 

SBAP technical and compliance staff positions will be created in the Air Pollution Control 

Division. 

First S6AP technical and compliance staff 

position will be filled. 

First SBAP technical and compliance staff 

member will be capable of meeting responsibilities. Additional SBAP staff will 

be hired after November 15, 1994, as needed. 

The New Mexico Compliance Advl sory Panel wi 11 

be created. 

The New Mexico Compliance Advisory Panel 

members will have been appointed consistent 

with the 90CAAA. 

The New Mexico Compliance Advisory Panel will 

be fully capable of fulfilling Its duties. 

Local SBAP program will be in operation. 

-8-
10/07/1992 15:39 FROM EPA AIR PEST. & TOX. DIV TO 85057682617 P.12 

SIP REVISION APPROVAL CHECKUST 

for 

SECTION 507 SMALL BUSINESS ASSISTANCE PROGRAM 

Subll1itte4 By; Allau.~uer,ue. e HD 

CJ.fy/State: AlbuJueryue, N. M. 

~By; -T~bn <t:;~: ftT--1{) C-;"J1 ~[., _ _ 6G-_) 

lNSTRUcnONS: 

Rmew Date: _,t..;;o,./s=--I .... ?.=.:Z __ _ 

L This c::bec!Wst is i:llte=ded to provide a guideline &:or the evaluatiou of State submittals dctailil!J the 

Small Bll$b:les.s Suuion.a:y So= Technical and ~ocmelll:a.l Complian~ AsWuuce Prop11111 (the 

PROGRAM) that is required by Secticm srn of the Ocan Air Ac: (CAA). 

2. This c::beckli.st ill most effectively used as a gclde. lt is 110t ill.le.uded to be used by penom:~Cl 

unfamiliar with lhe requirements of the mmdated PROGRAM. To effectively liSe this checklist, the 

nmewer shoWd have copies o£ the followillg: 

a. The proposed State Implementation Plan (SIP) re'risiou pel'laiDmg to the PROGRAM. 

b. Sectioa srn or the CAA. 

e. Gujdelipes !'gr Imp!emepratjop pf$ec;!iog S07 of the 1990 CMAIIlendmepts Febnwy 

1992, publlshed by OAQPS, USEPA. 

3. The rev:ie~r should finl: identify the scaious ot the SIP rC'Ii$ion that correspond to the ~ 

c::becklist sec:tiOAS The tint section, PROGRAM Impl4ml"'tatbl ~-- coutaiDs aD of the 

automatieally disq~ questions in this chedfist A NO respome fur my queslicm m this sedion 

will mem that the SIP nbll1ittalls automatieally disapprcmQ. There is also a sectioll b the other 

prillc:ipal elen:&CDtS of the PROGRAM, (the Small Buslzaess OmJ:.ndsman, the Complianct ~ 

Paocl, and the Smail B1Wiess Assista11ce Program) u.d a section tor additional PROGRAM elemcuts 

(SoVfc:e Elip"bility and Fee Reductiou Autbority). 

4. Attach COIWUellt sheets to this checklist to c:xpiaia a NO - lo 3D'/ of the questio=s ill the 

PROGRAM Impieme.utation Mllestooes sc:dion. NO answas to qliCSrions m the zcmaini:stg l~CC!ious 

indicate that the PROGRAM's effectM:uss may be djmj!!js!wf, but they are not grounds for alll:om.atic: 

disapproYti of the SIP submittaL E...._ivc cld'iciel1cies may result ill a S'llbjec:tM d.isappro9a1 ol tile 

sublllittal. 

S. Sp-i$ sivcn 011 each question to prorilk a page ~ £rom !he SIP m~Po11. The refeza::occ 

given shcndd. iDdicate the location of the ~ that prompted the -=-- giv= to the question. 

This is All optional item ud is to be used at the ~$ discr41tioa. 

6. Circle the appropriate~. yes or no. The! response iDdieatcs that 110 judgement em be made 

at pr=t. In cases where a questi011 is potentially 110t applic:able N/lt. is available as a response 

7. Many of the qucs~ arc: followed by a series of prompts, 'lll:ld=- the hcadiag "For e.llample;•, that 

are deslped to fOCIIS attention oa items that relate to the P:I.OOllAM element. 'I:bese promptS do II« 

req~ 'll'rittl"' ~ u.d ate intended only to !lid the rcW:wer w dra'Ning a amclnsion regarding 

the !lumbcRd questiOil. The spccifi~; itc=s SC~~~eatoli by tllese prompts arc dOt rcqnite.! by Sectioo 91'1 

of the CAA, and atC therefore included ill the PROGRAM at lhc disaclioa of the State. 
10/07/1992 15:40 FROM EPA AIR PEST. & TOX. DIV TO 85057682617 P.1J 

TABLE OF CONTENTS 

PROGRAM Implementation Milestones • • • • • • • • • • • • . . . . . . . . . • • . . • . • . • • . • . • 1 

Other Principal PROGRAM Elements 

Small Busic.ess Ombudsman . . . .. ... . . .. .. .. . .. . .. . . . . . .. . .. . .. .. . . . . . . . . . . .. . . . 2 

Complian.ce Advisory Panel . .. . . . . . .. . . . . .. .. . . .. . . . . . . . . . . . . . . .. .. .. .. . . . . 3 

Small Business .Assistance Program. . . . . . . . . .. . . . . . . . . . . .. . . .. . . . . . . . . . . 4 

Additional PROGRAM Elements 

Source Eligibility' . . . . . . .. . . . .. . . . .. . . . . . . . . . . . .. . . . . . .. . . .. . . . . . . . . .. . . 7 

Fee Reduction Authority' ...................................................... 8 
10/ 07/1992 15 : 40 FROM EPR RI R PEST. & TOX . DIU TO 85057682617 P.14 

Requirement: The Small Business Stationary Source Technical and Environmental 

~mpliance Assistance Program must be operational by November 15, 1994. 

Citation: Section 507(a) 

1. Is each of the three essential elements o£ the PROGRAM @ NO 

(the Small Busioess OmbudsmaJJ. the Compliance Advisory 

Panel, and the Small Business Assistance Program) currently Page Ref. ... 8 __ _ 

operationaL or is there a schedule for each element tbat 

shows implementation by November 15, 1994? 

2. If the program is not yet implemented, are the specific (YES) NO N/A 

ste~ to implement each required program element shown as 

milestones in the schedule? Page R~ _;8 __ _ 

3. Has the legislature passed a measme which authorizes the 

establishment of the PROGRAM by November 15, 1994, or is 

the passage of legislation shown as a milestone on .the 

schedules for element implementation? (NM J-d, -c<><t~4 ~ 

~~~.u~) 

4. Have agencies or officials been appointed to fill positions 

required for the implementation of essential program 

elements, such as the Small Business Ombudsman and the 

Compliance Ad ... 'isory Panel, or arc such appointments shown 

in the schedules for element implementation as milestones? 

5. Has there been an opportunity for public notice and 

public hearings? _g~_J ~ '"/7/'lz ~ 

Note: Each State must hold a public: hearing before 

adopting the program included in the commital SIP it 

· submitted to EPA 

1 

(fEs) NO 

Page Ref. ~2=-----

(YEs) NO 

Page Ref. ......,8 __ _ 

(tJ® NO 

Page Re£. ~e.:thJ 
10/07/1992 15:40 FROM EPA AIR PEST. & TOX. DIU TO 85057682617 P.15 

F.equirement: An Ombudsman to represent the interests of small businesses, as they relate 

to the implementation of the CAA, must be designated within the State government. 

Citation: Section 507(a)(3) 

1. Have provisions been made to provide the Ombudwao (YES) NO ? 

with the direct access to the government agencies and 

officials necessary to ensure that the concerns of small Page Ref. 3

1 

FPLf 

businesses will be heard? 

For example: · 

!2( Does the Ombudsman have direct access to the 

Governor's office, the head of the Air Pollution 

agency, and other government officials? P· 3, IPlf 

B" Does the Ombudsman have a defined ;elationship 

with other representatives of small business in the 

State government? p.3, Tf6 

2. Is the Ombudsman vested with sufficient authority to (YES) NO ? 

identify and propose solutions to small business problems as 

they relate to the implementation of the CAA? Page Ref. 3, IF'.Ii 

For examyle: 

8' Does the Ombudsman have the authority to obtain 

data from other State agencies? P· 3, lf'7 

0 Does the Ombudsman have a challllel for 

proposing legislation or administrative action 

necessary to assist small businesses? 

3. Have sufficient resources been provided to the agency 

assigned to serve as the Office of the Small Business 

Ombudsman to enable that office to discharge its new 

responsibilities effectively? f· 31 IP 8 

2 

@NO? 

Page Ref. ..:3:...,_ __ 
10/ 07/ 1992 15 : 41 FROM EPA AIR PEST. & TOX. DIU TO 85057682617 P. 16 

3.equirement: A Compliance Advisory Panel must be established and vested with sufficient 

authority to act as an oversight agency for small business assistance efforts under tbe 

.?tovisions of the CAA The panel must be composed of members appointed according to 

·.he legislative provisions in Section 507( e) of the CAA 

Cita.tio~ Section 507(e) 

1. Does the panel's mandate include authority to render (YE:§) NO 1 

advisory opinions on the effectiveness of the PROGRAM? 

2. Does the panel have the authority to make periodic 

reports to the Administrator of the EPA on whether the 

PROGRAM is acting consistently with the principles of the 

Paperwork Reduction Act, the Regulatory Flexibility Act, 

and the Equal Access to Justice Act? 

3. [?oes the panel have the authorit;y to review information 

for small business sources to ensure that it can be 

understood by the layperson, and to recommend the 

necessary changes? 

4. Is tbe paDel noted to comprise the proper makeup as 

required by Section 507( e)(2)? 

For example: 

B Does tlle panel have resources available to conduct 

business? 

~$)NO ? 

Page Ref. ' . .:fe.m :Jt 2 I 

(Y@) NO ? 

Page Ref. ~~~:IF-.3 

(YES) NO ? 

Page Ref ....... ~'"-·--k __ 

[i( Are adequate support sources available? 

l2f Has the State provided assutance that members of 

the panel will actively serve, and not in name only? p. 7 

4~ 

3 
85057682617 p. 17 

Requirement: Adequate mechanisms must be established to meet the requirements of 

Section 507(a). These mechanisms must include programs to provide assistance on {1) 

t~cbnical issues; (2) pollution prevention and a«idental release prevention and detection; 

(3) obta.i.uillg permits and operating in compliance with them; (4) understanding source 

rights and obligations under the CAA; and (S) obta.i.uillg approval for modifications of work 

practices, compliance methods, or schedules of compliance. 

Citation; Section 507{a)(l, 2, 4-1) 

1. Are adequate mechanisms defined to develop and collect (YES) NO ? 

compliance, technology and other required information, and 

to disseminate it among small business stationary sources? Page Ref. lf -5 

• • -.y 

.. .L<ty ... n.. 

a. Does the plan include the use ofAoutreacb (YES) NO ? 

tecbniques? 

For example; 

[i(f Will there be a mechanism for addressing trade 

associations and other industry groups? 

sf Will public seni.ce announcements be broadcast? 

&(Will seminars and workshops be conducted? 

0 Will an electronic bulletin board be used? 

Iii! Will an effort be made to use available resources 

such as Control Technology Center (CTC), the 

Elllissions Measurement Technical Informatin Center 

{J;MTIC), and other EPA services? 

if Will an effort be made to establish liaison with the 

air agencies of neighboring States? 

Fi Will coordination be done with other agencies and 

organizations to refer sources to the PROGRAM? 

121' Will a clearinghouse structure be established to refer 

inquiries to the appropriate sources of information? 

b. Does the plan include responsive techniques? 

For example: 7 

IZ Will a (toll fiee)hotline be established? f• .s; 'IF-'-

&(will information packets be developed and 

distributed upon request? P· S, "'7 

4 

Page Ref. lf-5 

(YES) NO ? 

Page Ref. _,5!-----
10/07/1992 15:42 FROM EPA AIR PEST. & TOX. DIV TO 

2. Are adequate mechanisms established to assist small 

businesses with pollution prevention and accidental release 

detection and prevention? 

For example: 

liif Does the plan include outreach techniques? 

EZf Does the plan include responsive techniques? 

85057682617 P.18 

(YES) NO ? 

Page Ref. s(.iti.... .!::) 

3. Have provisions been made to provide compliance YES (NO) ? 

assistance to small businesses in identifying applicable 

requirements, and obtaining permits in a timely fashion? Page Ref. __ _ 

...&-.. CAM, §S07( ... )('1-). 

For example: 

0 Can applicable rules be identified? 

0 Can a determination of permit applicability be made 

for small business sources? 

0 Can alternative technologies be identified and 

recommended to small business sources? 

0 Can permitting procedures such as applications, fees, 

and permit compliance requirements be explained to 

small business in a timely and understandable manner? 

a. If responsibility for the implementation of this YES NO ? fYJ A) 

program element bas been delegated to an agency or 

official other than the m pollution agency, to whom Page Ref. ----

has responsibility been designated? 

b. Has a provision been made for the coordination of YES NO ? (ifli) 

any interagency efforts necessazy to meet th~ 

established requirement to provide compliance Page Ref. ___ _ 

assistance? 

c. If compliance assistance will be provided by anyone YES NO ? {fijA) 

other than the air pollution agency, are there sufficient 

teclmical resources resident in the designated agency Page Ref. ----

. or are such resources available through mandated 

suppon? 

For example: 

0 Does the staff include personnel with technical 

experience? 

0 Does the staff include personnel knowledgeable in 

Title V permitting rules and SIP development and 

enforcement? · 

s 
10/07/1992 15:43 FROM EPA AIR PEST. & TOX. DIV TO 85057682617 P.19 

4. Has a program capable of providing timely information to (YES) NO ? 

small businesses concerning their rights and obligations under 

the CAA been established? Ad.J. "a,.,.J. ~~ • ..,tt:v.. Page Ref. .-2; ..i:li..... #B 

"• • • ~ ~ :1:/..W.. ~ "..;., .ff;..,.,. :~~!B crn P<"F S. 

a. Does the activity plan include adequate outreach to (YES) NO ? 

eDSUre that small businesses have sufficient time to 

review their options for complying with established Page Ref. ..s, .@,.,.. .,B 

requirements and regulations? 

b. Have provisio:o.s been made to conduct audits of 

small business stationlll)' sources, or refer such sources 

to qualified auditors? 

5. Have procedures for consideration of requests to modify 

work practices, compliance methods, or their implementation 

schedules been established? 

For example: 

0 Has a format for such requests been developed? 

D Do the procedures clearly identify public notice 

requirements? 

0 Has a liaison mechanism been identified for 

coordinating. change approval with EPA when 

necessary? 

0 Is there a provision for change requests to be 

reviewed by the Small Business Ombudsman? 

6. Does the plan include a definition of a small business 

stationary source? 

6 

(YES) NO ? 

Page Ref • .s rPm*~ • 

(YES) NO ? 

Page Ref.s •A-a""D ' 

(YES) NO ? 

Page Ref. .,L7 __ _ 
' 

1121/0?/1992 15 : 43 FROt'l EPR RIR PEST. & TOX. DrU TO 85057682517 P .20 

Requirement: Methods must be established for ascertaining the eligibility of a source to 

receive assistance under the PROGRAM. 

Citation: Section 507(c) 

1. Has a method been established for ascertaining the 

elipoility of small busiDess stationary sources to receive 

assistance under this program? 

(YES) NO ? 

Page Ref. _7..___ __ 

2. Does the method include an evaluation of a source's (YES) NO 'l 

eligibility using the criteria in Section 507(c)(l} of the CAA? 

Page Ref. ~7 __ _ 

3. Does the method provide for public notice and comment (~ NO 1 

on grants of eligibility to sources that do not meet the 

provisions of Sections S07(c}(1)(C-E) of the CAA? Page Ref. -.~7~--

4, Does the method include provisions for excluding sources CfE.s) NO ? 

with sufficient financial and technical resources to meet their 

obligations under the CAA from receiving assistance under Page Ref. 4 4it 1P 

this program? 

7 
85057682617 P.21 

Requirement: A method for evaluating the applicability of fees to small business stationary 

sources must be established. to include the authority to reduce or waive fees if a source is 

d-:termined not to have sufficient financial resources to pay such fees. 

Citation: Section 507(£) 

1. Has a method been established for determining the 

applicability of operating permit fees to small business 

stational)' sources? 

2. Does the method include provisions for the waiver or 

reduction of fees based on the financial resources of the 

requesting source? 

• 

8 

YES@? 

Page Ref. ___ _ 

YES (NO)? 

Page Ref. ___ _ 
City of @}jlbuquerque 

P.O. BOX 1293 ALBUQUERQUE. NEW MEXICO 87103 

Dr. John Crocker 

Air Programs Branch (6T-AP) 

US EPA Region VI 

1445 Ross Avenue, Suite 1200 

Dallas, Texas 75202-2733 

ENVIRONMENTAL HEALTH DEPARTMENT 

October 28, 1992 

Re: Additional Administrative Materials for SBAP SIP 

Dear Dr. Crocker: 

Enclosed is a copy of the Public Hearing Record taken on October 7th 

which serves as evidence that the hearing was held according to 

applicable procedures. This Record, as discussed below, also 

documents that there were no questions or comments offered by the 

public relative to the Small Business Assistance Program SIP. 

I would call your attention to page eight (8) where I noted in my 

testimony that the hearing was properly advertised on September 7th, 

which was at least 30 days prior to the hearing. 

The Record also serves to show that at the conclusion of Staff 

testimony there were no questions or comments by the public. This 

appears on page 34, at lines 4 through 21. From this I conclude that 

no compilation of public comments would apply with our submittal and 

similarly no response was needed. 

~eeks before the public hearing, only one person called Roger Polisar 

for a copy of the propos a 1 . Her name was Kathy Norris of Denver, 

Colorado. However, no questions or comments were received by me or 

Mr. Polisar throughout this SIP development and eventual adoption by the Board. 

I trust this letter and the enclosed transcript of the hearing will 

adequately supplement the materials not contained in the Governor's 

transmittal package so that all of the requirements of 40 CFR 51, 

Appendix V for completeness will be satisfied. 

. ...•.. < • • .. ""1 . I 

"l i 

NlV 2 ~~;g;: 1 

. • ,J l 

I 
Page 2 

Dr. John Crocker 

October 28, 1992 

I appreciate your working many nights well past normal working hours 

so that we could make the statutory deadline on this SIP. If 

anything else is needed, please let me know. 

Copy: 

Roger Polisar 

SIP File 

Fi 1 e 

10/28/92 

RAH 

3/3786 

Sincerely, 

Air 

R~~rt:7 Pollution Control Division 

Planning Staff Member