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**~** r**--.:..:.:__-:~-~---** 

## '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 irmanINTRODUCTION
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 technica1 assistance program, consistent 507 of the federal act;
... agency for their respective establish a small business and environmenta 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 Sma11 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 establlshed 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.
-2-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 deve1 oping, collectlng and coordInatlng 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.

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### 3. Available resources such as the Control Technology Center <CTCl, the Emissions Measurement Technica1 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 hotline. 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 compllance 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
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### 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 Comp1 iance Advisory Pane1 created by the Governor wi 11 serve for both the State and 1 oca1 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 se1 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 

### appolnt the NMED pane1 member from NMED to provide the pane1 

### with knowledge of the 90CAAA and the permittlng 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 Vrequirements and, for that reason, timing of SBAP implementation to coordinate with timely adoption of the Title Vpermit 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 eva1 uating petltions. Any grants of e11gibillty 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.

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 Comp11ance AdvIsory Pane1 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 Comp1 iance Advisory Pane1 wi 11 be fully capable of fulfilling its duties. Local SBAP program will be In operation.

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# '\ 

# / _____ , 

# _____. 

# _____ 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 offanner 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 ofthe department and the local agency. 74-2-5.2. State airpollution control agency; specific duties and powers ofthe 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. Emergencypowersof**~he** secretaryand 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** thantheFederalCleanAirAct except in "'-:Ot!a::: ofairpollution prevention notpreempted 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 ofthose 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 oftribal relations. The regulation of industrial discharges is not a matter fundnmental to tribal relations. and the statesupervisionofenvironmental 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 ofthe 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. ofNew**~texico** eta!. v. New Mexico Environmentnl Improvement Board," see 17 Nat. Resources J. 521 !1977).

10 Fornote, "The 1977 ProceduralAmendments to the CleanAirAct- HaveThey Made a Difference?," see 24 Nat. Resources J. 745 0984l.

For note, "Judicial Review ofEnvironmental 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 ofantipollution laws, 87 A.L.R.4th 444.

Controlofinterstatepollution underClean AirAct •• amended in 1977 142 uses §§ 7401-7626), 82 A.L.R. Fed. 316.

Applicationofairqualitymodelingtoc!ecisionmaking under Clean Air Act (42 USCS H 7401-7426), 84 A.L.R. t"ed. 710.

Standingofairpollution :;: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 § 7607fbJIIll penaining to judi.::ial review by courts ofnppeals. 86 A.L.R. Fed. 604.

Whntconstitutes modificution ofstationary 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 promulgatingarl ambientairqualitystandard,establishes the criterion for determining what concentrationorquantityofsulfurdioxide inthe specifiedtime Reriods constitutes air pollution; it makes thejudgment 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.PublicServ. 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 continuingauthority to change the ambient air quality standard for sulfur dioxide aner proper notice and hearing and to adopt regula· tionsto implementorexplain it,but it may not seta 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 regulationsmaybe adopted by the board ifthere is substantial evidence in the record of a present or reasonably anticipated future need for a stricter regulation in order to prevent airpollutioninexcessofthe standard. Thus. ifthe 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 thatthetotalityofnew andexistingemissions will, if !enatpresently regulated rates, exceed the ambient airquality standard. 1977 Op. Att'y Gen. No. 77-15.

Boardobligatedtoamend standardstocomply with federal**requirement~.** - When New Mexico standards are amended and thus made more stringent in order to comply with federal requirements, theboardis 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· mentalProtection in New Mexico: PublicService Co. ofNew 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.

Airpollutioncontrol: validityoflegislation permit· ting administrative agency to fix permissible standards of pollutant emission, 48 A.L.R.3d 326.

Validityofstateandlocal airpollution administrative rules, 74 A.L.R.4th 566.

Construction and application of preemption sec· tions (§§ 208. 210(c)(4)) ofCleanAirAct (42 U.S.C.S. H 1857f-6a. 1857f-6c(ciC41). 18 A.L.R. Fed. 971.

What are "land-use and transportation controls" whichmaybe imposed, under§ 100(a)(2)(8)ofClean Air Act of 1970 (42 U.S.C.S. § 1857c-5CaiC2l(B)). to insure maintenance ofnational 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.

CleanAirAct implementationplans for nonattainment areas, 90 A.L.R. Fed. 481.

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

### 74-2-5.1. Duties andpowers ofthe department and thelocal 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 ofthat act, enter at all reasonabletimes inor upon anyprivate or publicproperty, exceptprivateresidences, 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 ofinformation relating to emissions that cause or contribute to air pollution. The results ofany such investigations shall be reducedto writing ifany enforcementactionis contemplated, and a copy shallbe 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 compliancewith the Air QualityControlAct, regulations in force pursuant to that act or any other provision of law; E. establish a small business stationary source technical and environmental compliance assistanceprogram,consistentwiththeprovisionsofSection 507 ofthe federal act; 17<:0**~ ~**  <:0 N ' 0 

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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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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 KEARNEYa:)**~ ~**  a:) N ' o<r**~"'** 

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25 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**~** 

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# "' "'"" 3 October 7, 1992, and the time is 6:06 in the evening, o-,..., :l 

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### (j N 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**~** :i 19 li Business Assistance issue, the hearing will be closed**~ ~**  20 

# " 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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..... ..... co 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. :::: (])**~** 5 .... 0 Each witness giving testimony tonight will do 0.. 

### & -o 6 so under oath. I ask that before addressing the Board t: 

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### <5i 8 address, and affiliation, if applicable. 

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# a 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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### Cll:::**-~ ~**  20**~** 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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.... 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 (.') 17

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## 0 2 1 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 It's an eight-page document. And tonight's topic. 

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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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## ...**~** 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 the9

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 ::::

### ~ 5 0 that its format shows line numbers, and a key as to 0.. 

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### 0 0 0 N**~** 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.c:c**~** 10**~** c:c N ' 0 

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### • 3 OJ HEARING OFFICER CHURCH: Yes. MS. TAYi:.OR: Bob? On Staff Exhibit Number 5, :J M O'"M :J N ..CI'- 4 which is the EPA section on Small Business Stationary 

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### •t:: 9 0 0**~** N c:c 10 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.**~** 

# • 0**~** 21 So, first, I'd like to describe why this SI? 

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### 0 The Clean Air Act**Amen~ments** of 1990 were 25 signed into law by President Bush on November 15th ofco 11**~ ~**  co N ' 0 ..;-**~** 

# "' " " co U"l ::E 0 1 1990. Title V of the new law involved an Operating 

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### ~ 10 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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### ec: both technically and financially, to say the least. Small businesses, in particular, frequently 

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some large breakfast food manufacturers have that same

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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**~** 19

### .~ and I will discuss that a little later

-- whereby we 

# J t 20 commit to EPA to fulfill the obligation to develop and 

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## 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 \:: l!:l



# ... 5 0 Operating Permit Program. Both are to be operational 

# & 6 1::! in a little over two years from now, by November 15th, t:: 

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# "' u 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

### ~ tonight, really lost his project, because he had**~** 20 

## "' written a complete implementation plan on his own, and ;, 

# •**~** 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.

MONICA BLEA CSR

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-- and by so doing, during the last couple 0 0 N 

# "" 10 of weeks, we have gotten some real input from EPA that
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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# "'**~** N iO 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. (.:) 17 

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course, has always been, even since the first SIP**~** U"l '0**~** 

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-- 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 developco 17**~ ~**  co N ' 0 

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### ....**~** u.. 0 0 0 N co ""0 <lJ**~** 9**~** ....**~** 10 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

MONICA BLEA, CSRco 18**~ ~**  co N ' 0 

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### Ill< :::lu..obusinesses who seeks his help, located in our department that might cause some conflict of interest**~** Q) 

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### t5i 8 "-**~** Mayor's office or something like that, to do much like

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### u 10 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

MONICA BLEA, CSRco**~** 19**~** co N ' 0 

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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, (.;1 17 

### 2: relative to those who were subject to permits under 

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### v. And, of course, that Title V and Title I, I 

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-- pardon me, to go back and review my notes. 

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### 2: for small businesses, because a lot of them have

### ~ 24 Q solvents and things that they really just buy off the
25 shelf and emit to the air. They are going to have to

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or at least provide brochures of advice on how to do :I 

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## ·-e And so, Roger has made Title I something that 0 

# a N 10 goes beyond what EPA required. They didn't anticipate 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,co**~ ~**  22 co N ' 0 

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-- 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 (.;) 17

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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 (.:) 17 

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## ...**~** 10 Very well Does the HEARING OFFICER CHURCH: 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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## l STEVE WALKER

< 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<0**~** 26**~** <0 

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-- 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 

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# •**~** 20**~** little bit clearer. 

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# . 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 scheduleco**~ ~**  27 co N ' 0 '<!"**~** 

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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 It will just be stated for the record. I documented. 

### j 21 • think that's adequate. '! 22 ! MS. TAYLOR: Thank you.

< 23 HEARING OFFICER CHURCH: Any other questions?
24 Yes? 25 MS. LOPEZ: When you were talking about theco**~** 28**~** co N ' 0 

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-- 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

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## c:J N 10 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? :(::**~** 18 

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

were mentioned in that other paragraph, I believe.**~**

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# 8 ' 22 It was really a very circuitous route that the State used in their language in covering all these 

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## :<:**~** 24 it and mark those things that were present. And the Q 25 language that I have drafted was developed from the

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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**~** 3 19 8 ' Bob, on page 5, where you talk about the third 

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# •**~** 21 MR. HARLEY: Yeah. 

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24 you are looking for? 25 MR. HARLEY: What line is that?<0**~ ~**  <0 

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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. 

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## ~ 24 HEARING OFFICER CHURCH: Are you satisfied Q 25 with that answer?

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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**~** 

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## "' Q:: 1l Number 4 for the record, and that way you can find where this is. MR. LAMBERT: I don't have any further 

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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**~** 

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### ' 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

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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-.**~'**

### ... '.../-. STATEOFNEWMEXICO CountyofBernalillo ss ThomasJ.SmilhsonbeingdulysworndeclaresandsaysthatheisNationalAdvertising manageroftheAlbuquerqueJournal,and thatthis newspaperis dulyqualified 10 publishlegalnoticesoradvertisementswithinthemeaningofSection3,Chaper 167, SessionLawsof1937,andthatpaymentthereforehasbeenmadeorassessedascoun costs;thatthenotice,acopyofwhichisheretoattached,waspublishedinsaidpaper intheregulardailyedition, for

.....................\..

....................times,thefirstpublicationbeingonthe

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# of.~............................... 1992,andthe subsequentconsecutive

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### ~rthe_Coun!r_ ofBemaliUoandStateofNew

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## :.1..

..day**of...~~~**............. 1992. PRICE

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....................................**/~-/?-93** Statementtocomeatendofmonth. CLA-22-A(R-12m) ACCOUNTNUMBER

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# -NOTICEAIRQUALITYCONTROLBOARD THE ALBUQUERQUE/BERNALILLO COUNTYAIRQUALITY CONTROLBOARDPUBLIC HEARINGONAMENDMENTSTO THE STATEIMPLEMENTATION PLANSCHEDULEDFOR OCTOBER7, 1992 HASBEENMOVED. THEHEARINGANDMONTHLY MEETINGWILLBEHELD INTHECONVENTION**CENTER,WESTCOMPLE~**



# ACOMA/ZUNIROOM. THEHEARINGWILLBEGIN AT6:00PM.

### 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 environmenta1 compllance 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 prob1 ems and make recommendations as they re1 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 information, the Ombudsman wi11 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 technica1 component of the SBAP wi 11 consl s t of Loca1 technica1 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 ab1 e to confer with other technlca1 experts l n 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 Vand 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 permittlng 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. Ahotline 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. 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 practlce or method of comp1 iance preceding any app1 lcab1 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 Pane1 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 sma11 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 sma11 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 pane1 member from NMED to provide the pane1 with know!edge of the 90CAAA and the permltting and enforcement program. For examp1 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 Loca1 Program. The imp1 ementation and rnaintenance 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 eva1 uating petitions. Any grants of e11gibllity cons1 dered 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-

### 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 hired 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-

### 1 2 3 4 5 6
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### 12 13 14 15 16 17 18 19 20 21 22 23 24 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

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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 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 technica1 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 Sma11 BusIness 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 estab1 ished 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 Genera1, 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 inltiated 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-

## " .Q 

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### 10 11 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 

### Vand Title III, that two-to-three full-time technica1 

### 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

### 11shed to meet the requlrernents 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 compllance 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 approprlate. trade 2. Public service announcements <PSAs> may be prepared as appropriate and submitted for broadcast. Seminars and workshops will be conducted as appropriate. 3. Ava11ab1 

### e resources such as the ContraI Technology Center <CTC>, the Emissions Measurement Technical Information Center <EMTIC) and other U. S. Environmental Protection Agency <EPA) services will be used as feaslb 1 e 

### to acqulre 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 '" '**-~- ~**  

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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 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. Ahotline 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. 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 compllance 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 Centrol Act. Where such applicable requirements are set forth in Federal regulations, only modifications authorized in such regulations may be allowed.

-4-

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# 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 sma11 busIness 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 se1 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 permittlng 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 Vrequirements and, for that reason, timing [er] Q[ 

### SBAP Implementation to coordinate with timely adoption of the Title Vpermit 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 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.

-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 modifjpd 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 collecting1 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 require

# f'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, consis 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

UNITEDSTATES ENVIRONMENTAL PROTECnON AGENCY REGION 6



### October 7, 

### 1992 1445ROSSAVENUE. 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 Department10/07/1992 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, Chairman10/07/1992 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 technicaI assistance program, consistent 507 of the federal act;
... agency for their respective establish a small business and environmental compliance with the provhion; 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 establlshed 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 coordlnation Inltiated 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 technlca1 component of the SBAP wlll consist of Loca1 technica1 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 Vand 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 estab11shed to meet the requlrements 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 Techntca1 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. 

### Ahotllne 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 mechanlsms 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 Inspectlons of a source to determine**~'** 

### compliance with applicable air quality regulations.
/{o.)(7) 

### D. Procedvres for consideration of requests from a smal1 busIness 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 Mexlco A Ir Qua1i

### ty Contro1 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 pollution prev11ntion and aeeldenta1 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 Compllance Advisory Pane1 created by the Governor wi 11 serve for both the State and 1oca1 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**~**

### .. IVMi4. ._t se1ected 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 se1ected 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 appolnt the NMED pane1 member from NMEO to provide the pane1 with k.nowledge of the 90CAAA and the perm!ttlng 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-

### ./ iSrn(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 po11utant; and <E> emits less than 75 

### tons per year of all regulated pollutants. The AEHD wi Jl 

### establlsh a method for determining the ellgibillty 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 Advlsory 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 BUSINESSASSISTANCE PROGRAM

Subll1itte4By;**Allau.~uer,ue.** 

# eHD CJ.fy/State: 

## AlbuJueryue, N. 

### M.

## ~By;**-T~bn <t:;~:** 

# ftT--1{) C-;"J1**~[.,** 

### _ _ 6G-_) lNSTRUcnONS: RmewDate:

### _,t..;;o,./s=--I

.... ?.=.:Z

__ _

L This c::bec!Wst isi:llte=dedtoprovide aguideline&:ortheevaluatiouofStatesubmittals

### dctailil!Jthe SmallBll$b:les.sSuuion.a:y So=Technicaland**~ocmelll:a.l Complian~** AsWuuceProp11111 (the PROGRAM) thatisrequired bySecticm

## srnofthe OcanAirAc: (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** unfamiliarwith lhe requirements ofthe mmdatedPROGRAM. To effectively liSethischecklist, the 

## nmewershoWdhave copieso£thefollowillg:


### a. TheproposedStateImplementationPlan(SIP)re'risioupel'laiDmgtothePROGRAM. b. Sectioa

## srnorthe CAA. e. Gujdelipes!'grImp!emepratjoppf$ec;!iogS07ofthe 1990CMAIIlendmeptsFebnwy 1992, publlshed byOAQPS,USEPA. 3. The**rev:ie~r** should finl: identifythe scaious otthe SIP rC'Ii$ion thatcorrespond tothe**~** c::becklist sec:tiOAS The tint section, PROGRAM Impl4ml"'tatbl**~--** coutaiDs aD of the automatieally**disq~**questions inthis chedfist A NOrespomefurmyqueslicm

### mthissedion willmemthat the SIP nbll1ittalls automatieallydisapprcmQ. There is also a sectiollb theother prillc:ipal elen:&CDtS ofthe PROGRAM, (theSmall Buslzaess OmJ:.ndsman, the Complianct**~** Paocl,and theSmailB1WiessAssista11ceProgram) u.dasectiontoradditionalPROGRAMelemcuts (SoVfc:eElip"bility andFeeReductiouAutbority). 4. Attach COIWUellt sheets to this checklist to c:xpiaia a NO

- lo 3D'/ ofthe questio=s ill the PROGRAMImpieme.utationMllestooes sc:dion. NO 

### answas toqliCSrions m

### the zcmaini:stg**l~CC!ious** indicatethatthePROGRAM'seffectM:ussmaybedjmj!!js!wf,buttheyarenotgroundsforalll:om.atic: disapproYti oftheSIPsubmittaL E...._ivccld'iciel1cies

### may result illaS'llbjec:tM d.isappro9a1 oltile sublllittal. S. Sp-i$

### sivcn 011 each questiontoprorilkapage**~**£rom !heSIP**m~Po11.** Therefeza::occ givenshcndd.iDdicatethe location ofthe**~**thatpromptedthe

# -=-- giv=tothequestion. This is Alloptionalitem udistobeused atthe**~$**discr41tioa. 6. Circlethe**appropriate~.**yesorno. The!responseiDdieatcsthat 110judgementem

### bemade at pr=t. Incases where a questi011is potentially110tapplic:ableN/lt.is available asa response 7. Manyofthe**qucs~** arc: followed by aseries ofprompts, 'lll:ld=-thehcadiag"Fore.llample;•,that aredeslpedtofOCIIS attentionoaitemsthatrelatetotheP:I.OOllAMelement. 'I:besepromptSdo II«**req~** 'll'rittl"'**~** u.d ateintended only to !lidthe

### rcW:wer

# w dra'Ninga amclnsion regarding the!lumbcRdquestiOil. The**spccifi~;**itc=s**SC~~~eatoli**bytllesepromptsarc dOtrcqnite.!bySectioo 91'1 oftheCAA,and atCthereforeincludedillthePROGRAM at lhcdisaclioaoftheState.10/07/1992 15:40 FROM EPA AIR PEST. 

### &TOX. DIV TO 85057682617 P.1J
TABLE OFCONTENTS



### PROGRAMImplementation Milestones ••••••••••••. . . . . . . . . ••. . •. •. ••. •. • 1 OtherPrincipalPROGRAMElements 

### Small Busic.ess Ombudsman

. . . .. ... . . .. .. .. . .. . .. . . . . . .. . .. . .. .. . . . . . . . . . . .. . . . 2 Complian.ce Advisory Panel

. .. . . . . . .. . . . . .. .. . . .. . . . . . . . . . . . . . . .. .. .. .. . . . . 3 Small

### Business .Assistance Program.

. . . . . . . ... . . . . . . . . . ... . . .. . . . . . . . . . . 4 AdditionalPROGRAMElements 

### Source Eligibility'

. . . . . ... . . ... . . . .. . . . . . . . . . . ... . . . . ... . . .. . . . . . . . ... . . 7 Fee Reduction Authority'

...................................................... 810 /07/1992 15:40 FRO MEPR RIR PEST. &TOX

. DIU T O 85057682617 P.14

Requirement: The Small Business Stationary Source Technical and Environmental**~mpliance** Assistance Program

### mustbeoperationalby November 15, 1994

. Citation: Section507(a)

1. 

### Is eachofthe threeessential elements o£thePROGRAM 

# @ NO (theSmallBusioess OmbudsmaJJ. the ComplianceAdvisory Panel, andthe SmallBusinessAssistanceProgram) currently PageRef.

... 

### 8

__ _ operationaL

### oris there 

### a schedule for eachelementtbat showsimplementationbyNovember

### 15, 1994?
2. 

### Iftheprogramis notyetimplemented, arethespecific (YES) NO N/A**ste~**

### toimplementeach requiredprogram elementshownas milestonesinthe schedule? Page**R~**

### _;8

__ _ 3. Hasthelegislaturepasseda measmewhich authorizes

### the establishmentofthe

### PROGRAMby

### November 15, 1994, oris thepassage oflegislation shown as a milestoneon. the schedulesfor elementimplementation?

### (NM**J-d, -c<><t~4** **~**

### ~~~.u~**)** 4. Haveagencies orofficialsbeenappointedtofill positions requiredfor theimplementation

### ofessentialprogram elements, such as theSmallBusiness Ombudsmanand the ComplianceAd

...

'isoryPanel,orarc such appointmentsshown 

### inthe schedulesfor elementimplementationasmilestones?
5

. Hastherebeenanopportunityfor publicnotice and publichearings?

### _g~_J**~** 

# '"/7/'lz**~** Note: EachStatemusthold a public:hearingbefore adoptingtheprogramincluded

### inthe commitalSIP 

### it

·submitted toEPA

1 

## (fEs) NO PageRef.**~2=-----** 

## (YEs) NO PageRef.......,8

__ _ 

# (tJ® NO PageRe£.**~e.:thJ**10/07/1992 15:40 FROM EPA AIR PEST. &TOX. DIU TO 85057682617 P.15



### F.equirement:

### AnOmbudsmantorepresenttheinterestsofsmallbusinesses, astheyrelate to the implementation ofthe CAA,

### must be designatedwithinthe State

### government. Citation: Section507(a)(3)

1. Haveprovisions beenmade toprovide the Ombudwao (YES) NO ? with the direct access to thegovernment agencies and officials necessary to ensure thatthe concerns ofsmall Page Ref. 

### 31 

### FPLf businesses

### will beheard? Forexample: · 

### !2(Doesthe Ombudsman have direct access tothe Governor's office, theheadoftheAirPollution agency, and othergovernment officials? 

### P· 3, 

### IPlf 

### B"Does the Ombudsmanhave a defined ;elationship withotherrepresentatives ofsmallbusinessinthe State government? 

### p.3, Tf6


### 2. 

### Is the Ombudsmanvested with sufficientauthorityto (YES) NO ? identify andpropose solutionsto smallbusinessproblems

### as theyrelate to theimplementation ofthe 

### CAA? Page 

### Ref. 3, 

### IF'.Ii Forexamyle: 

### 8'Doesthe Ombudsmanhave theauthority to obtain datafrom otherStateagencies? 

### P· 3, 

### lf'7 

### 0 Does the Ombudsmanhave a challllelfor proposinglegislationor administrative action necessary to assist 

### smallbusinesses?
3. Have sufficient resourcesbeenprovidedtothe agency assigned to serve as the Office ofthe SmallBusiness Ombudsmantoenablethat office to dischargeits new responsibilities effectively? f·3 1 IP8

2 

### @NO? Page Ref. ..:3:...,_

__10 /07/ 1992 15:41 FROM EPA A IR PEST

. &TOX

. D IU TO 85057682617 P

. 16

3.equirement:A Compliance

### AdvisoryPanelmustbeestablishedandvestedwith sufficient authority to act as an oversight agency for small business assistance efforts under tbe .?tovisionsofthe CAA Thepanelmustbe composedofmembersappointed accordingto ·.helegislativeprovisions in Section507( e)oftheCAA**Cita.tio~** 

### Section507(e)
1

. Doesthepanel'smandateinclude authorityto render (YE:§) NO 

### 1 advisoryopinions onthe effectivenessofthePROGRAM?

2. Doesthepanelhavethe authority tomakeperiodic reports to theAdministratorofthe

### EPAonwhetherthe PROGRAM is actingconsistentlywith theprinciplesofthe PaperworkReductionAct, theRegulatoryFlexibility Act, andtheEqualAccess toJustice Act?
3. 

### [?oes thepanelhave

### the authorit;y toreview information for smallbusiness sourcestoensurethatitcanbe understood bythelayperson, andtorecommendthe necessary changes?
4

. IstbepaDel noted tocomprise thepropermakeup as required

### bySection507( e)(2)? Forexample: 

## BDoestllepanelhave resourcesavailableto conduct business?

### ~$)NO ? PageRef. '

.

## .:fe.m:Jt2 I 

## (Y@) NO ? PageRef.**~~~:IF-** .3 

### (YES) NO ?



### Page Ref

.......**~'"-·--k** __
[i(Areadequate supportsources available? 

### l2f Has theStateprovidedassutancethatmembersof thepanel

### willactivelyserve, and not 

### inname only?

### p
. 7

## 4~

385057682617 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) pollutionpreventionand a«identalreleasepreventionanddetection; (3) obta.i.uillg permits and operating in compliance with them; (4) understanding source rights andobligationsundertheCAA;and(S) obta.i.uillgapprovalfor modificationsofwork practices, compliancemethods, orschedules ofcompliance. Citation; Section507{a)(l, 2,

### 4-1)



### 1. Are adequatemechanisms defined todevelop and collect 

### (YES) NO 

### ? compliance, technologyand otherrequiredinformation, and todisseminateit amongsmallbusinessstationarysources? PageRef. 

### lf-5



### • •

-.y 

### ...L<ty

... 

# n.. a. Does the

### planinclude 

### the use ofAoutreacb 

### (YES) NO 

### ? tecbniques? Forexample; [i(fWill

### there be

### amechanismforaddressingtrade associations andotherindustry

### groups? 

## sf Will publicseni.ce announcementsbebroadcast? &(Will seminars andworkshops

### beconducted? 0 Will anelectronicbulletinboardbe used? 

### Iii!Will an effortbe made

### touse availableresources 

### such asControlTechnologyCenter (CTC),the Elllissions MeasurementTechnicalInformatinCenter {J;MTIC), andotherEPAservices? 

## ifWillaneffort

### bemade to establishliaisonwith the air agencies ofneighboringStates? 

## FiWillcoordination

### be donewith otheragencies and organizations

### torefer

### sources to thePROGRAM? 

### 121'Will a clearinghouse structure

### beestablished

### torefer inquiriesto theappropriatesourcesofinformation? 

### b. Does theplaninclude responsive techniques? Forexample: 7 

## IZWill

### a(toll fiee)hotline be established?f•

## .s;'IF-'- &(willinformationpackets

### bedeveloped and distributeduponrequest? 

### P·S, "'7

4 

### PageRef. 

### 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 businesseswithpollutionpreventionandaccidental release detectionandprevention? Forexample: 

## liifDoes theplanincludeoutreachtechniques? 

### EZfDoes theplanincluderesponsive techniques? 85057682617 P.18 

## (YES) NO ?

Page Ref. 

### s(.iti....

## .!::)

3. Haveprovisions beenmade toprovide compliance YES (NO) ? assistance to smallbusinessesinidentifyingapplicable requirements, 

### and obtainingpermitsina timely fashion? Page Ref.

__ _ 

### ...&-.. 

### CAM, §S07(

...

)('1-). 

### Forexample: 

### 0 Canapplicablerulesbe identified? 

### 0 Cana determination ofpermitapplicabilitybe made for small

### business sources? 

### 0 Canalternative technologiesbeidentified and recommendedto smallbusiness sources? 

### 0 Canpermittingprocedures such 

### as applications, fees, and permitcompliancerequirementsbeexplained to smallbusiness in a timely andunderstandablemanner?



### a. Ifresponsibility for the implementationofthis 

### YES NO ? 

## fYJA) programelement

### basbeendelegatedto anagency or official otherthanthe

## mpollutionagency, towhom Page Ref.

---- 

### has responsibilitybeendesignated?

b. 

### Has a provisionbeenmade for thecoordinationof 

### YES NO 

### ?

# (ifli) anyinteragencyeffortsnecessazy tomeet**th~** 

### establishedrequirement toprovidecompliance PageRef.

___ _ assistance?

c. 

### Ifcompliance assistance

### will beprovided

### by anyone 

### YES NO 

### ? 

## {fijA) otherthanthe

### airpollutionagency, are there sufficient teclmicalresourcesresidentinthe designated agency Page Ref.

----

. orare

### such resources available 

### through mandated



### suppon? Forexample: 0 Does the staffincludepersonnelwith technical experience? 0 Does the staffincludepersonnel knowledgeable in 

### TitleV permittingrules and SIP development and enforcement? ·


# s10/07/1992 15:43 FROM EPA AIR PEST. 

### &TOX. DIV TO 85057682617 P.19 

### 4. Has a programcapableofproviding timelyinformationto (YES) NO ? small businesses concerning theirrights andobligationsunder 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 activityplaninclude adequateoutreach to 

## (YES) NO ? eDSUre thatsmallbusinesseshave sufficienttime

### to reviewtheiroptions for complyingwith established PageRef.

# ..s, .@,.,.. .,B 

### requirements andregulations?
b. Haveprovisio:o.s beenmade to conduct audits of small

### business stationlll)'sources, orrefersuchsources to qualified auditors? 

### 5. Haveproceduresfor consideration ofrequests tomodify workpractices, compliancemethods, ortheirimplementation schedulesbeenestablished? Forexample: 

### 0 Has a formatfor such

### requests beendeveloped? D Dothe procedures clearlyidentifypublicnotice requirements? 0 Hasa liaisonmechanismbeenidentifiedfor coordinating.change approvalwith

### EPAwhen necessary? 

### 0 Is there a provisionfor change requeststobe reviewed bythe 

### SmallBusiness Ombudsman? 6. Doesthe plan include a definition ofa smallbusiness stationarysource?



### 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. & TO X. DrU TO 85057682517 P.20



### Requirement: Methods

### must be 

### established for ascertaining the eligibility of

### a source to receive assistanceunderthe PROGRAM. Citation:Section507(c)



### 1. 

### Has a method been

### establishedfor ascertainingthe elipoilityof

### smallbusiDess stationary sources toreceive assistance under 

### this program? 

### (YES) NO ? 

### PageRef._7..___

__ 2

. Doesthe methodinclude anevaluation ofa source's 

## (YES) NO 'l 

### eligibilityusingthecriteriainSection507(c)(l} oftheCAA? 

### Page Ref.**~7** 

### __ _ 3

. Does the methodprovidefor

### public notice andcomment

### (~ NO 

### 1 ongrants 

### ofeligibilityto sourcesthatdo

### notmeet

### the 

### provisions of Sections S07(c}(1)(C

-E) oftheCAA? PageRef.**-.~7~--** 4, 

### Doesthemethodincludeprovisions for excluding sources 

# CfE.s) NO 

### ? withsufficientfinancial 

### andtechnical 

### resources tomeettheir obligationsundertheCAAfromreceiving assistanceunder PageRef. 

# 4 4it

### 1P thisprogram?

785057682617 P.21



### Requirement:A methodfor evaluatingtheapplicabilityoffeesto

### smallbusinessstationary sourcesmust

### be established.toinclude the authoritytoreduce orwaivefees 

### ifa

### sourceis d-:termined notto

### have sufficientfinancial resources topay such fees. Citation: Section

### 507(£)

1. 

### Has a methodbeen established for determiningthe applicabilityofoperatingpermitfees to 

### smallbusiness stational)'sources? 

### 2. Doesthemethodincludeprovisions for thewaiver or reduction offees based onthefinancial resources ofthe requesting source? 

# •

8 

### YES@? PageRef.

___ _ 

### YES (NO)? PageRef.

___ _

# 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 proposa 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 Vfor 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,

# R~~rt:7 Air Pollution Control Division Planning Staff Member