### BillRichardson Governor 

# State 

# ofNew Mexico Office

# of the Governor November 6, 2009 .. ',

, 1

'-


### Dr. Alfredo Armendariz Regional Administrator U.S. Environmental Protection Agency, Region VI**1~4.J** RO;;:=t Avenue, Suite 1200 

### Dallas, TX 75202-2733 Subject: Requestfor approval of arevision to the NewMexico State Implementation Planfor

### Air Quality(SIP) byamending 20.11.47 NMAC, Errissions

### Immtary RffJuirenwts DearDr. Armendariz: I amwriting to 

### request approval of arevision to the NewMexico State Implementation Plan for air quality (SIP). Specifically, I am submitting docwnentation to substantiate the proposed**~visiQP** 

### to the SIP byamending 20.11.47 NMAC,Errissions ImmtaryRffJuirenwts. 

# t'3

I 

### The Albuquerque-Bernalillo County Air Quality Control Board (AirBoard) adoptea::th.ese

## $? amendments on October 14, 2009, afterapublic commentperiod and correspondi!11iiab1n;;- hearing held on the same night. Ibelieve thatthe submitted materials provide adeciJilfte.-,,- 

# ..:..i documentation to support the requested SIP revision. 

# fi' \;**i:)~** <::> 

## t::J 

# " To facilitate yourreview andprocessing, the following materials are enclosed: 1) SIP Completeness Checklistpursuantto 40 CPR51 AppendixV 2) Hearing record, includingtranscript and exhibits 3) Comments and responses 4) The final AQCB-adopted SIP revision forthe regulation, 20.11.47 NMAC, Emissions Inventoryrequirements 5) Othersupporting documentation

State Capitol • Room400 • SantaFe, New Mexico 87501 • 505-476-2200 • www.govemor.stale.nm.lls

### Page 2 Your favorable consideration of this request 

### is appreciated. 

### If you have any questions, please contactJohn Soladay; Director of the Albuquerque Environmental Health Department 

### (EHD), at (505) 768-2615. 

### Sincerely,

BRlf1


### cc: Bill Richardson GovernorofNew Mexico

John Soladay, Director, Albuquerque EHD Mary Uhl, Chief, Air Quality Bureau, NM Environment Department Isreal Tavarez, Environmental Engineering Manager, Air Quality Division Margaret Nieto, Control Strategies Section Supervisor, AQD Enclosures

# SUBMITTAL LETTERFROM EHD DIRECTORTO GOVERNOR

# CiTY OF ALBUQYERQYE ENVIRONMENTAL HEALTH DEPARTMENT

Martin

### J. Chavez,Mayor

October 19, 2009

Honorable 

### BillRichardson Governor, State ofNew Mexico Governor's Office Capitol Building, 4th Floor Santa Fe, NM 87503
PO Box 1293 

### SUBJECT: Transmittal of Request to the Environmental Protection Agency to Approve a Revision to the State Implementation Plan for Air Quality; 20.11.47 NMAC, 

### EmissionsInventory Requirements Albuquerque Dear Governor Richardson, NM 87103

www.cabq.gov I request your assistance in the ttansmittal of the attached documentation, which will serve as the basis for a revision to the New Mexico State Implementation Plan (SIP) for Air Quality as providedby 40 CFR 51, Appendis V and 40 CFRPart 51, Subpart

### P. Specifically, I am asking for you to ttansmit to the 

### U. S. Environmental Protection Agency (EPA), the attached documentation as a proposed SIP revision to incorporate the recendy adopted amendments to the regulation, 20.11.47 NMAC, 

### Emisj;ons ImJentory Requirements, which was adopted pursuant to Tide I of the Clean Air Act Amendments of 1990. The request should be forwarded to EPA Region 6 in Dallas, Texas with a request for their approval byway ofpublication in the FederalRegister. The Albuquerque-Bernalillo County Air Quality Conttol Board (AQCB) adopted this SIP revision on October 14, 2009, after a public comment period and corresponding public hearing held on the same night. The submitted materials provide necessary documentation to support the requested SIPrevision.

1 AlouqIterqu& - AfdRJ"r,g Hirf()f')' /706-2006

### To facilitate your review, the following materials are enclosed: 1) SIP Cumpletene» CheckJi,tpur,uant tu 40 CFR 51, Appendix V 

### 2) Hearing records, includingtranscripts and exhibits 

### 3) Comments and responses 

### 4) The finalAQCB-adopted SIP revision for the regulation, 20.11.47 NMAC, EmissionsInventory requirements 5) Other supporting documentation Your favorable consideration of this requestis appreciated. 

### If you have any questions, please contactme at (505) 768-2600.

ue Environmental Health Department

cc: Mr. Jens Deichman, Board Chair, Air Quality Control Board IsrealTavarez, Environmental Engineering Manager, Air Quality Division MargaretNieto, Control Strategies Supervisor, AQD
Enclosures

2

### Proposed Revision to the New Mexico State Implementation Plan to Incorporate an Amended 20.11.47 NMAC, Emissions InventoryRequirements
October2009 

### SIP COMPLETENESS CHECKLIST Forregularprocessing (Per40 CFR 51 

### Appendix V)


### 2.1 Administrative Materials c-:: 

### , ,,--,- c.:.> I -..::: C) .. .'**i~j** .-- co 

### -; t-:::J

### -**-~--**

I l 

## ...**~'-'** 

## ,,. :;con 

# -.**-'>~**

r'i 

# ,-,1 rj

...0 

### 0 ---; Q 0 Z -J 

### (a) A formal letter ofsubmittal from the Governor or his designee, requesting EPA approval ofthe plan orrevision thereof(hereafter "theplan"). X YES NO N/A The package is being sent to EPA with a formal submittal letter from the Governorofthe State ofNew Mexico. (b) 

### Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, consent agreement (hereafter "document") in final form. That evidence shall include the date of adoption or final issuance as well as the effective date of the plan, if different from the adoption/issuance date. 

### X YES NO N/A On 10/14/09, theAlbuquerque-Bernalillo County Air Quality Control Board (AQCB) held apublic hearing to adopt amendments to 20.11.47 NMAC, EmissionsInventoryRequirements. The amendedregulation was filed with the New Mexico State Records Center (NMSRC) on 10/16/09, andbecame effectivelocally on III

### 16/09. AttachmentA contains a copy ofthe amended rule as filed with the NMSRC. Attachment B contains a copy of the NMAC Transmittal Form required for rulemaking, and signed by the AQCB Chair. The date stamp at the top ofthe pageindicates the date oftransmittal.
(c) Evidence that the State has the necessary legal authorityunder State law to adopt and implementthe plan. X YES NO Page I of4 N/A

### The New Mexico Air Quality ControlAct

### provides for regulation at 74-2- 5.1 NMSA 1978, Duties andPowers OfThe DepartmentAnd The Local Agency; 

### and for plan revisions at 74-2-5.2 NMSA 1978, State Air Pollution ControlAgency; SpecificDuties andPowers of theDepartment 

### (d) A copy of the actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication of the changes made (such as, redline/strikethrough) 

### to the existing approved plan, where applicable. The submittal shall be a copy of the official State regulation/document signed, stamped, dated by the appropriate State official indicating that it is fully enforceable by the State. The effective date ofthe regulation/document shall, whenever possible, be indicated in the document itself. Ifthe State submits an electronic copy, it must be an exact duplicate of the hard copy with changes indicated, signed documents need to be in portable document format, rules need to be in text format and files need to be submitted in manageable amounts (i.e., a file for each section ofchapter, depending on size, and separatefiles for eachdistinctdocument) unless otherwise agreed to by the State andRegional Office X YES NO N/A Attachment A 

### contains a copy of the amended rule. as filed with the NMSRC on 10/16/09, with an effective date of 11116/09. The date stamp in the upper right-hand corner ofthe regulation indicates that the regulation is fully enforceable by the state. This amended regulation will bepublished in theNew Mexico Register

### on 10/30/09 (Volume XX, 

### Issue 20). SeeAttachment C. 

### (e) Evidencethat the Statefollowed'all ofthe procedural requirements ofthe State's laws andconstitution in conducting and completing the adoption/issuance ofthe plan. X 

### YES NO N/A See NMAC Transmittal Form inAttachmentB. 

### This certifies that this amended rulehas beenproperlyfiled withtheNMSRC, (f) 

### Evidence that public notice was given ofthe proposed change consistent with procedures approvedby EPA; including the date ofpublicationofsuchnotice. X 

### YES NO N/A See AQD Exhibits #2a. 2b and 2c, 

### inAttachment D. 

### These provide evidence thatnotices werepublishedinthe local newspaper andtheNewMexico Register, 

### In addition, notice was also provided in the form ofan e-mail sent to the air
Page 2 of4

### quality listserve. The New Mexico Air Quality Control Act at 74-2-6C NMSA 1978, Adoption of regulations; notice andhearings

### requires a 30-daynotice. (g) Certification that a public hearing was held in accordance with the information provided in the public notice and the State's laws and constitution, ifapplicable and consistentwiththepublic hearingrequirements in40 CFR 51.102. X YES NO N/A Seecertifiedhearing record transcriptinAttachmentE. 

### (h) Compilationofpublic comments andthe State'sresponsethereto. X 

### YES NO N/A Staff received no public comments, but comments were received by stakeholders and responded to accordingly by staff. SeeAQD Exhibits 3b, 3c, 3d

### and 3e 

### inAttachmentD. 2.2 

### Technical Support 

### (a) Identificationofall regulatedpollutants affectedby theplan. -.lLYES NO N/A Theseregulations applyto all regulatedpollutants. (b) 

### Identification ofthe locations ofaffected sources including the EPA attainment! nonattainment designation ofthe locations and the status ofthe attainmentplan forthe affected area(s). 

## ---.X.. YES NO N/A All affected sources are located within Bernalillo County. Bernalillo County is currently designated as an attainment area for CO under a Limited Maintenance Plan (LMP). This designation was publishedintheFederal Register

### on July 21, 2005 [Vol. 70, No. 139]. (c) Quantification of the changes in plan-allowable emissions from the affected sources; estimates ofchanges in current actual emissions from affected sources or, where appropriate, quantification of changes in actual emissions from affected sources through calculations ofthe differences between certain baseline levels and allowable emissions anticipated as aresult ofthe revision. YES NO 

## ---.X.. N/A (d) The State's demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected ifthe planis approved Page 3 of4

### and implemented. For all requests to redesignate an area to attainment for a national primary ambient air quality standard, under Section 107 ofthe Act, a revision must be submitted to provide for the maintenance of the national primary ambient airquality standards for atleast 10 years as requiredby Section 175A ofthe Act. NO N/A Amended rule does not negatively affect NAAQS, PSD increments, RFP demonstration, orvisibility. (e) Modeling informationrequired to supporttheproposedrevision, including input data, output data, models used, justification of model selections, ambient monitoring data used, meteorological data used, justification for use ofoffsite data (where used), modes ofmodels used, assumptions, and other information relevantto the determination ofadequacy ofthe modeling analysis. 

## YES NO 

## ---.2LN/A (f) 

### Evidence, where necessary, that emission limitations are based on continuous emissionreductiontechnology. YES NO 

## ---.2LN/A (g) Evidence that the plan contains emission limitations, work practice standards andrecord keeping/reporting requirements, where necessary, to ensure emission levels. _X_YES NO N/A See20.11.47 NMAC, showninAttachmentA (h) Compliance/enforcement strategies, including how compliance will be determinedinpractice. X YES



## -- NO N/A See20.11.47 NMAC, showninAttachmentA (i) Special economic and technical justification required by any applicable EPA policies, oranexplanationofwhy suchjustifications are notnecessary. YES NO 

## ---.2LN/A

Page4 of4

# ATTACHMENT A

Copy of the amendedregulation asjiledwith theNMStateRecords Center

## FItE. WITM STATE R£COR&5 enITP 

# Z8890CT 16 AHII: 13 This IS an amendment to 20.11.47 NMAC, SectIOns 14 and 15, effective 11/16/2009. 20.11.47,14 EMISSIONS INVENTORY REQUIREMENTS: A, Applicability. 20.11.47.14 NMAC applies to the owneroroperatorofevery stationary source, located within Bernalillo county that: (1) has an active pennit issued pursuant to 20.11.41 NMAC,Authority to Construct, or '20.11.42 NMAC, OperatingPennits; or (2) is required to file a source registration pursuant to 20.11.40 NMAC, Source Registration. B. Reporting requirements. (1) A source that meets requirements under Paragraph (1) ofSubsection Aof20.11.47.14 NMAC shall submit an emissions report annually. A source is notrequired to submit an emissions report more frequently than annually. (2) A source that meets requirements under Paragraph (2) ofSubsection A of20.11.47.14 NMAC shall submit an emissions report ifrequired by the department. A source is not required to submit an emissions report more frequently than annually.**[~Jill** The department will provide a complete copy ofan owneroroperator's submitted emissions report when requested in writing by the owner or operator.**[~lID** The owneroroperatorshall submitto the department a complete, correct and current emissions report in the fonnat specified by the department; the report shall state accurately the emissions ofall air pollutants included in the pennitrequested for any specifiedcalendaryear.**[~I~** Exceptas provided in Paragraph**[~lfQl** ofSubsection B of20.11.47.14 NMAC, ifthe owner oroperator is required to submitan emissions report to the department, the owneroroperatorshall submit the report byMarch 15 for theprevious calendaryear orany othercalendaryear. [fS)J@ Sources required by apennit to submit an annual emissions report on a specific date shall submitthe report on the specifieddate. C. Content ofemissions reports. Emissions reportcontents for reports required by SubsectionB of 20.11.47.14 NMAC shall include: (1) the air quality stationary source permitnumber orsource registration number; (2) the name, address, ifany, and physical locationofthe stationary source; (3) the name and telephone numberoftheperson to contactregarding the emissions report; (4) a certification signed by the owner, oroperator, ora responsible official or designated representative, attesting that the statements and information contained in the emissions reportare true and accurate lothe bestknowledge and beliefofthe certifying official, and including the full name, title, signature, date of signature, and telephone numberofthe certifying official; for sources subjectto 20.11.42 NMAC, the certification shall be made as required by 20.11.42 NMAC; (5) for each emissionpoint, in the fonnat required bythe department: (a) stack and exhaust gas parameters and locationinfonnation; (b) type ofcontrol equipmentand estimated control efficiency; (c) schedule ofoperation; (d) annual process orfuel combustion rates; (e) fuel heat, sulfur, and ash content; (I) [estimatea] actual emissions estimate in pounds per year oftota! suspended particulate, PMI0, PM2.5, ammonia, sulfuroxides, nitrogenoxides, carbon monoxide, volatileorganic compounds, and lead, including fugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime; (g) speciated hazardous airpollutants, ifrequested by the department; and (h) a descriptionofthe methods utilized to make theestimates, including calculations; (6) for smelters, an annual report ofsulfurinput stated in tons per year; and (7) all information required by40 CFR Part 51, SubpartA, Emissions Inventory Reporting Requirements, as amended. D. Additional content ror emissions reports rrom sources in ozone nonattainment areas. In addition to the contents required by Subsection C of20.11.47.14 NMAC, emissions reports from sources located in ozone nonattainment areas that emitnitrogen oxides and volatile organic compounds shall also include the following information:(1) typical dailyprocess rate during the peak ozone season, where the peakozone season is specified by the department;

20.11.47 NMAC(2) [estimatea] actual emissions estimateofnitrogen oxides and volatile organic compounds in pounds perday for a typical day during the peakozone season for: (a) each emissions point; and (b) for each process and fuel type contrihuting to emissions from each point. E. Waiver ofreporting requirements for insignificantemissions. The depanmentmay waive the requirements ofParagraph (5) ofSubsection C of20.11.47.14 NMAC for emissions that the departmentdetennines to be insignificantpursuant to 20.11.42 NMAC, exceptthe following shall notbe waived: (I) for sources in nonattainment areas, reporting ofemissions ofpollutants for which the area is in nonattainrnent; and (2) emissions reporting required by the federal act. F. Emission tracking requirements for sulfur dioxide emission inventories. In addition to complying with the requirements ofSubsections A through E of20.11.47.14 NMAC, an ownermay be subjectto 20.11.46 NMAC, SulfurDioxideEmissionsInventoryRequirements; Western Backstop SulfurDioxide Trading Program. [20.11.47.14 NMAC

-N, 5/1/08; A, 11/16/09] 20.11.47.15 GREENHOUSE GAS EMISSIONS INVENTORY REQUIREMENTS: A. Applicability. 20.11.47.15 NMAC applies to the owneror operatorofevery stationary source, located within Bernalillo county that emits agreenhouse gas as defmed in SubsectionJ of20.11.47.7 NMAC and: (I) has an active pennitissued pursuantto 20.11.41 NMAC. Authorityto Construct, or 20.11.42 NMAC, Operating Pennits; or (2) is required to file a source registration pursuantto 20.11.40 NMAC, SourceRegistration. B. Reporting requirements. (I) Any stationary source subject to 20.11.47.15 NMAC, ifrequested by the department, shall: (a) submit agreenhouse gas emissions inventoryby the deadline and as required by the greenhouse gas emissions reporting procedures established by the department, butnot more often than annually; or (b) report greenhouse gas emissions from the stationary source inaccordance with 20.11.48 NMAC;or (c) provide the department with access to the requested information for the greenhouse gas emissions reporting year**regi~tered** in either the climate registry orthe California climate action registry. (2) When the department determines the deadlines for submitting greenhouse gas emissions reports and reponing procedures, the department shallprovide anopportunity forpublic comment, and shallconsider: (a) public comments regarding the schedule ofthe reports and greenhouse gas emissions reponing procedures; (b) emissions quantification standards and bestpractices approved orrecommended by federal and state agencies, by greenhouse gas emissions registries, and by non-governmental bodies having expertise in greenhouse gas emissions quantification; (c) whether, considering the amount and chemical composition ofthe emissions, greenhouse gas emissions from a particularsource or source type are expected to be insignificant relative to emissions from othersources orsource types; and (d) whether, considering the amountand chemical composition ofthe emissions, emissions ofa particulargreenhouse gas from a source or source type are expected to be insignificantrelative to the total greenhouse gas emissions from that source or source type. C. Content ofgreenhouse gas emissions reports. Ifa**greenhou..~e** gas emissions report is required by Subparagraph (a) ofParagraph (I) ofSubsection B of20.11.47.15 NMAC, then the report shallcontain the same information required by Paragraphs (I) through (4) ofSubsection C of20.11.47.14 NMAC as well as the following infonnation: for each emission point, as required by the departmentunder the greenhouse gas emissions reporting procedures orothermethodologies and procedures approvedby the department in advance and in writing, the [estimated] actual emissions estimate ofgreenhouse gases in pounds per year, including fugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets and downtime. [20.11.47.15 NMAC

- N, 5/1108; A, 11/16/09]

20.11.47 NMAC 2

# ATTACHMENT B

Form requiredfor transmittal ofregulations to the State Records Center signedbyAirQuality ControlBoard Chairman. The date stamp atthe top of thepage indicates thedate of filing.

### NMAC TRANSMITTAL FORM 

## "lin Wll., 

## STATE**~rCMOS** 

## entnft 

# 2009OCT 16 Aliff: 13 1.24.10 NMAC [Sequence # 

## I Albuquerque-Bernalillo County Air Quality Control Board 

## ; 2
..Agenev·Code (DFJO·

,; " 

### ,., :

### .. ;,

### .•.. c/o Environmental Health Department, Air Quality Division P.O. Box 1293, One Civic Plaza NW Albuquerque NM 87103
Name Janice Wright 

# IPhone # 

# I(505) 768- 2601 ".- 

# .... . .**.~.,**

## •. I FAX /505-768-2617 E-mail jcwright@cabg.gov

Part

Reference I Intemet site Emissions Inventory Requirements Renumber 

# D Repeal 

# CJ Emergency 

# 0**..:....:;~JL;...-'-'~-=-~** 

# Il-· (-! s.;.£ffeCtive,diie;111/16/09 

# I

Chapter Albuquerque-Bernalillo County :Air uali Control Board Amendment

Environmental Protection New 

# 0

Title' ,**.~D:**

No X Yes Please listatt-3chments andInternetsite(s) if applicable 1 2

Name: Mr. Jens Deichmann Check ifdelegated authority

# ATTACHMENT C
Copy of the amendedregulation aspublishedin theNewMexico RegisterNew Mexico Register 1Volume XX, Number 20 1October 30, 2009
This is an amendment to 20.11.47 NMAC, Sections 14 and 15, effective 11/1612009. 20.11.47.14 EMISSIONS INVENTORY REQUIREMENTS: A. Applicability. 20.11.47.14 NMAC applies to the owneror operatorofevery stationary source, locatedwithin Bernalillo county that: (1) has an active permit issued pursuant to 20.11.41 NMAC,Authority to Construct, or 20.11.42 NMAC, OperatingPermits; or (2) is required to file a source registration pursuantto 20.11.40 NMAC, Source Registration. B. Reporting requirements. (1) A source thatmeets requirements under Paragraph (ll ofSubsection A of20.11.47.14 NMAC shall submitan emissions report annually. A source is not required to submit an emissions report more frequently than annually. (21 A source thatmeets requirements under Paragraph (21 ofSubsectionA of20.11.47.14 NMAC shall submit an emissions report ifreguiredby the department. A source is not required to submit an emissions reportmore frequently than annually.**[~]ill** The departmentwill provide acomplete copy ofan owneroroperator's submittedemissions reportwhen requested in writing bythe owneror operator.**[~lffi** The owneroroperator shall submitto the departmentacomplete, correctandcurrent emissions report in the format specifiedby the department; the report shall state accurately the emissions ofall air pollutants included in the pennit requested for any specified ealendaryear. 

### [{<!jlill Except as providedin Paragraph**[~](Q}** ofSubsection B of20.11.47.14 NMAC, ifthe owner oroperator is requiredto submit an emissions report to the department, the owneroroperator shall submit the report by March 15 for the previous ealendaryearorany othercalendaryear. [{S}].ffi} Sources requiredby apermit to submit an annual emissions reporton a specific date shall submitthe reporton the specifieddate. C. Content ofemissions reports. Emissions report contents for reports requiredby Subsection B of 20.11.47.14 NMAC shall include: (1) the airquality stationary source permitnumberor souree registration number; (2) the name, address, ifany, andphysical location ofthe stationary source; (3) the name andtelephone number ofthe person to contact regarding the emissions report; (4) acertification signedby the owner, oroperator, ora responsible offieial ordesignated representative, attesting thatthe statements and information contained in the emissions report are true and aceurate to the bestknowledge andbeliefofthe certifYing official, and ineluding the full name, title, signature, date of signature, andtelephone numberofthe certifYing official; for sources subject to 20.11.42 NMAC, the eertification shallbe made as requiredby 20.11.42 NMAC; (5) for each emission point, in the format requiredby the department: (a) stack and exhaust gas parameters and loeation information; (b) type ofcontrol equipment and estimated control efficiency; (c) schedule ofoperation; (d) annual process or fuel combustion rates; (e) fuel heat, sulfur, and ash content; (0 [estimates] actual emissions estimate inpounds per yearoftotal suspendedpartieulate, PMIO, PM2.5, ammonia, sulfuroxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead, including fugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime; (g) speciated hazardous airpollutants, ifrequestedby the department; and (h) adescription ofthe methods utilized to make the estimates, ineluding calculations; (6) for smelters, an annual report ofsulfurinput stated in tons per year; and (7) all information requiredby 40 CFR Part 51, Subpart A, Emissions Inventory Reporting Requirements, as amended. D. Additional content for emissions reports from sources in ozone nonattainment areas. In addition to the contents requiredby Subsection C of20.11.47.14 NMAC, emissions reports from sources locatedin ozone nonattainment areas that emitnitrogen oxides and volatile organic compounds shall also include the following information:(1) typical daily process rate during the peakozone season, where the peakozone season is specified by the department;

20.11.47 NMACNew Mexico Register/ Volume XX, Number 20 / October 30, 2009 (2) [estimated] actual emissions estimate ofnitrogen oxides and volatile organic compounds in pounds perday for a typical day during the peakozone season for: (a) eachemissions point; and (b) for each process and fuel type contributing to emissions from eachpoint. E. Waiver ofreporting requirements for insignificant emissions. The department may waive the requirements ofParagraph (5) ofSubsectionC of20.11.47.14 NMAC for emissions thatthe department detenmines to be insignificant pursuant to 20.11.42 NMAC, exceptthe following shall notbe waived: (1) for sources in nonattainment areas, reporting ofemissions ofpollutants for whieh the area is in nonattainment; and (2) emissions reporting required by the federal act. F. Emission tracking requirements for sulfur dioxideemission inventories. In addition to complying with the requirements ofSubsections A through E of20.1 1.47.14 NMAC, an Owner may be subject to 20.11.46 NMAC, SulfurDioxide Emissions Inventory Requirements; Western Backstop SulfurDioxide Trading Program. [20.11.47.14 NMAC

- N, 5/1/08; A, 11/16/09] 20.11.47.15 GREENHOUSE GAS EMISSIONS INVENTORY REQUIREMENTS: A. Applicability. 20.11.47.15 NMAC applies to the owner or operatorofevery stationary source, located within Bernalillo county thatemits a greenhouse gas as defined in Subsection J of20.11.47.7 NMAC and: (1) has an active penmitissued pursuantto 20.11.41 NMAC,Authority to Construct, or 20.11.42 NMAC, Operating Penmits; or (2) is required to file a source registration pursuantto 20.11.40 NMAC, Source Registration. B. Reporting requirements. (1) Any slationary source subject to 20.11.47.15 NMAC, ifrequesled by the department, shall: (a) submit a greenhouse gas emissions inventory by the deadline and as requiredby the greenhouse gas emissions reporting procedures established by the department, butnot more often than annually; or (b) report greenhouse gas emissions from the stationary source in accordance with 20.11.48 NMAC;or (c) provide the departmentwith access to the requested infonnation for the greenhouse gas emissions reporting yearregistered in eitherthe climate registry or the Californiaclimate action registry. (2) When the department detennines the deadlines for submitting greenhouse gas emissions reports and reporting procedures, the department shall provide an opportunity for public comment, and shall consider: (a) public comments regarding the schedule ofthe reports and greenhouse gas emissions reporting procedures; (b) emissions quantification standards and bestpractices approved or recommendedby federal and state agencies, by greenhouse gas emissions registries, and by non-governmental bodies having expertise in greenhouse gas emissions quantifieation; (c) whether, considering the amount and chemical composition ofthe emissions, greenhouse gas emissions from aparticular souree or source type are expected to be insignificant relative to emissions from other sources or source types; and (d) whether, considering the amount and chemical composition ofthe emissions, emissions ofa particulargreenhouse gas from a source or source type are expeeted to be insignificantrelative to the total greenhouse gas emissions from that source or source type. C. Contentofgreenhouse gas emissions reports. Ifa greenhouse gas emissions report is required by Subparagraph (a) ofParagraph (1) ofSubsection B of20.11.47.15 NMAC, then the report shall containthe same infonmation required by Paragraphs (1) through (4) ofSubsection C of20.11.47.14 NMAC as well as the following infonnation: for each emission point, as required by the departmentunder the greenhouse gas emissions reporting procedures or othermethodologies and procedures approved by the departmentin advanee and in writing, the [estifRateEl] actual emissions estimate ofgreenhouse gases in pounds per year, including fugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets and downtime. [20.11.47.15 NMAC

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

20.11.47 NMAC 2

# ATTACHMENT D
HearingExhibits

### BEFORE THE ALBUQUERQUE

- BERNALILLO COUNTY AIR QUALITY CONTROL BOARD

-u 

### INTHE MATTER OFTHE PETITIONTO AMEND :;.: 20.11.47 NMAC, EMISSIONS INVENTORYREQUIREMENTS, AND SUBMIT) AMENDMENTS TO EPA AS AREVISION TO THE STATE IMPLEMENTATION'" r',,) 

### PLAN (SIP) AQCB Petition No. 2009-_5_ Air QualityDivision, EnvironmentalHealth Department, City ofAlbuquerque, Petitioner
CITY OFALBUQUERQUE'S NOTICE OF INTENT TO PRESENTTECHNICAL TESTIMONY Pursuantto 20.11.82 NMAC, Rulema/dngProcedures

- Air Quality ControlBoard, 

### the City ofAlbuquerque Enviromnental HealthDepartment, Air QualityDivision ("the Division") hereby submits its Notice oflntent(NOI) to presenttechnical testimony inthis proceeding. 1. 

### The person for whomthe witness will testify.



### 2. City ofAlbuquerqueEnviromnental Health Department, Air QualityDivision The name and qualifications ofeach technical witness. , '.

., 

### Neal T. Butt. Enviromnental Health Scientist, Control Strategies Section,

### AI~Quallty Division. M.S. Biology (WildlifeBiology), University ofNorthDakota; B.S. Biology,:, ,", (Zoology), University ofNew Mexico; AAS. Criminal Justice, CentralNew Mexico:'::, ,." ., , Community College; AAS. Enviromnental ProtectionTechnology, CNM; WERC W!i5te

### ~::J ManagementCertificate, UNM Chemical & 

### Nuclear Engineering Department. Employed the City ofAlbuquerque's Enviromnental HealthDepartmentfor 12 

### +years; the lasteightofwhich havebeen withthe Air QualityDivision. Chiefresponsibilityis thepromulgationofairquality regulations forimplementationwithinthe County ofBernali11o. IsrealTavarez. Environmental Engineering Manager, Air Quality Division. M.S. Chemical Engineering, New Mexico StateUniversity; B.S. Chemical Engineering, NMSU. RegisteredProfessional Engineer (New Mexico). Employedby the City ofAlbuquerque's Enviromnental HealthDepartment, Air QualityDivisionfor 13 + years. Previously employedby
Notice ofIntentPage 1 of4

### the State ofNew Mexico, Air Quality Bureau (1994-1996). Chiefresponsibility is the oversight ofthe regulatory programs in the Air Quality Division. 

### 3. Summary and Estimated Duration ofTestimony Mr. Tavarez's written testimony is attached as AQD Exhibit# 4. Mr. Tavarez will testify that 20.11.47 NMAC shouldbe amended. The Division is petitioning the Boardto amend 20.11.47 NMAC for the following
reasons: # 1. The current language at 20.11.47.14.B.(I) NMAC is overlybroad in scope, requiring an annual emissions inventoryreport for all 

### airpollution sources, includingthose with
an air quality 'permit' and those with only 

### an air quality 'registration'. Airpollution sources issued 'registrations' emit only small amounts ofpollution, and thus do nottrigger air quality 'permitting' thresholds (e.g. sources such as small generators and small manufacturing operations). Theproposed language for 20.11.47.14.B.(I) NMAC would provide the Environmental HealthDepartment the flexibility to require emissions reports from sources with airquality 'permits', but notrequire areport from all the smaller sources with 'registrations', unless itbecomes necessaryin the future. This will shrinkthe universe ofaffected sources down to thatwhich was originally intendedthe lasttime this rule was amended, and atthe sametime retains the flexibility to include more sources in the future ifnecessary. # 2. To incorporatepublic comments # 3. To fix style and formatting It

### is anticipatedthatthe hearing will take approximately 1 hourorless.



### 4. Text ofRecommended Revisions to the New Mexico State Implementation Plan

Notice ofIntent Page 2 of4--------- -_._--------- ---



### The Divisionrecommends the proposed amendments to 20.11.47 NMAC, 

### Emissions InventoryRequirements as proposed in the Public Review Draft shown as AQD Exhibit 1a.

5. List

### and Description ofExhibits The Divisionhas attached the following exhibits to this Notice ofIntent: ExhibitNumber AQD Exhibit 1 AQD Exhibit 1a Title ofExhibit 'Petitionto Amend' filed on June 23, 2009 Public Review Draft {attachedto AQD Exhibit 1} showing proposed amendments to 20.11.47 NMAC, 

### Emissions InventoryRequirements; AQD Exhibits 2 albic 

### Public notices ofhearing, including thelegal advertisement ofthis hearing inthe Albuquerque Journal {2a} and theNew Mexico Register {2b}, as well as the 'NoticeofAvailability ofthe Public Review Draft' which was sentto the Air Quality Announce List Serve as well as alistofthose individuals' e-mail addresses {2c} AQD Exhibit 3alb/c/d/e 

### StakeholderOutreach: Notice ofAvailability ofStakeholder Review Draft {3a}; Comments, Mr. Hershberger, UNM {3b}; Comments, Mr. Zumwalt, UNM {3c}; Comments, Mr. Finegan, RiversideFuneral Home ofAlbuquerque {3d}; AQD Response {3e} AQD Exhibit4 AQD Exhibit5 DirectTestimonyby AQD Draft Agenda, Air Quality Control Board, for October 14, 2009
6. Reservation 

### ofRights This Notice ofIntentto PresentTechnical Testimony is based on the Division's Petition to Amend. The Divisionreserves therightto call anyperson to testify and to present any exhibit inresponse to anothernotice ofintentorpublic comment filed in this matterorto anytestimony
orexhibitoffered atthepublic hearing. The Division also reserves therightto call anyperson as
arebuttalwitness and topresent any exhibitin supportthereof.

Notice ofIntentPage 3 of4

### Respectfully submitted,

Isreal Tavarez Environmental Engineering Manager Air Quality Division Environmental Health Department One Civic Plaza, NW, Suite 3047 Albuquerque, New Mexico 87103 (505) 768-1965



### CERTIFICATION
Ihereby certifythat on September29,2009, an original and nine copies ofthis Notice ofIntent to presenttechnical testimony (NOI), with attached exhibits were delivered to the following person-for filing. ...JeW J

### anice Atnuld 

# wn"ltd Air Quality Control'Board Liaison 

### IHearing Clerk Environmental HealthDepartment One Civic Plaza, NW, Suite 3023 Albuquerque, New Mexico 87103 And that on September29,2009, a copy ofthis NOI with attached exhibits was sentto the Attorney for the Board, Bill Grantham, atthe following e-mail address: Bill.grantham@state.nm.us

# Isr!iTh~ I 

# J Environmental Engineering Manager Air Quality Division

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...AQD Ex. #1- Petiton to Amend 20.11.47 NMAC, Emissions InventoryRequirements, Ex. #1 b-PRD 

### of 20.11.47 NMAC

AQD Ex. #2a-ABQ Journal Legal Ad for 20.11.47 NMAC, published 7-12-09, Ex. #2b-NM Register Legal Ad for 20.11.47 NMAC, published on 7-31-09, Ex. #2c-ListServe Notice of Legal Ad for 20.11.47 NMAC, & Distribution List



### AQD Ex. 

### # 4-

### Testimony forthe Hearing

QD Ex. 

### # 5-Draft Agenda QD Ex. # 3a-Email to LlstServe with attached takeholder letter dated
...27·09, #3b-Comments, Mr. ershberger, UNM, #3c-Comments, Mr. Zumwalt, NM, #3d-Comments, Mr. Finegan, Riverside Funeral

_________Come of ABQ, #3e-AQD resp_o_"_se

_

### ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD C-) '
.. J 

### IN THE MATTER OF THE PETITION TO AMEND 20.11.47 NMAC, EMISSIONS INVENTORY REQUIREMENTS, AND SUBMIT':'::; AMENDMENTS TO EPA AS A REVISION TO THE STATE**,~** 

### IMPLEMENTATION PLAN (SIP) " ::«: 

### AQCB Petition No. 2009-

# 6 Air Quality Division, Environmental Health Department, City ofAlbuquerque, Petitioner
Petition to amend 20.11.47 NMAC, Emissions Inventory Requirements, and submit amendments to EPA as a revision to the SIP

The Environmental HealthDepartment ofthe City ofAlbuquerque, by and through the Air Quality Division (AQD), asks the Albuquerque-Bernalillo CountyAir Quality Control Board (Board) for ahearing atwhich the Boardwill hearAQD's request that the Board adopt amendments to 20.11.47 NMAC, Emissions Inventory Requirements, 

### and submitthese amendments to EPA as arevision to the State Implementation Plan (SIP). This Petition includes arequest for ahearing onthese matters andpermissionto provide
a courtreporter andhearing officerfor the hearing. As grounds, Petitioner states the following: 1. The New Mexico Air Quality Control Act (Air Act), NMSA 1978, Sections 74-2-4 and 74-2-5.B(I) [1967 as amendedthrough 2007] authorizes andrequires the Boardto adopt, amend, orreplace airqualityregulations and to adopt airqualityplans (SIPs) underNMSA 1978, Section 74-2-5.B(2). "

, 

## . ',' .) :: "A:J

_**~: i-l~**  . '." (";.**-~',.** rr I .-_

### ......-:;**:"~;~,;**

r;.J

### 2. The current language at20.11.47.14.8.(1) NMAC is overlybroad in scope, requiring an annual emissions inventoryreport for all 

### airpollution sources, including those with an airquality 'permit' and those with only an airquality 'registration'. Air pollution sources issued 'registrations' emitonly small amounts ofpollution, and thus do nottrigger airquality 'permitting' thresholds (e.g. sources such as small generators and small manufacturing operations). The proposed language for 20.11.47.14.8.(1) NMAC wouldprovidethe Environmental Health Department the flexibility to require emissions reports from sources with airquality 'permits', but not require areport from all the smallersources with 'registrations', unless it becomes necessary in the future. This will shrinkthe universe ofaffected sources down to that, which was originallyintendedthe lasttime this rule was amended, and at the sametime, retains the flexibility to include
more sources in the future ifnecessary. 3. It

### is anticipatedthat thehearing will take approximately I hourorless. 4. Theproposed Public Review Draft for 20.11.47 NMAC, EmissionsInventory Requirements 

### is attached as AQD Exhibit #Ia.

2

### Respectfully submitted, 

# -k441 

# aJr»--w-:t Isreal Tavarez Environmental Engineering Manager Air Quality Division Environmental Health Department City ofAlbuquerque One Civic Plaza, NW, Room 3047 Albuquerque, New Mexico 87103 (505) 768-1965

CERTIFICATION I hereby certify that a copy ofthis Petitionto Amend 20.I1.47 NMAC, Emissions InventoryRequirements 

### and submit amendments to EPA as arevision to the SIP and requesting ahearingwas deliveredto the following person onJune 23,2009. Janice Amend Air Quality Control Board Liaison Air Quality Division Environmental Health Department City ofAlbuquerque One Civic Plaza, NW, Room 3023 Albuquerque, New Mexico 87103



### 320.11.47.4 DURATION: Permanent. [20.11.47.4 NMAC

- N, 5/1108] 20.11.47.5 EFFECTIVE DATE: May I, 2008 exceptwhere alater date is cited at the end ofa section. [20.11.47.5 NMAC

- N, 5/1108] 20.11.47.6 OBJECTIVE: The objective of20.11.47 NMAC is to establishrequirements both for submitting inventories ofair contaminants to ensure thatthe regulations and standards underthe Air Quality ControlActand the federal actwillnot be violatedand to require submissionofdata to quantify greenhouse gas emissions in Bernalillo county. [20.11.47.6 NMAC

- N, 5/1/08] 20.11.47.1 ISSUINGAGENCY: Albuquerque-Bernalillo CountyAir QualityControl Board. c/o Environmental HealthDepartment, P.O. Box 1293, Albuquerque, NewMexico 87103. Telephone: (505) 768-260). [20.11.47.1 NMAC

- N, 5/1108] :::>**'_.~ ~J** **~-'-** 20.11.47.2 SCOPE: 20.11.47 NMAC applies to each person who owns or operates a source or**who1Een~** to constructormodify a SOurce within Bernalillo county, but does notapply to sources in Bernalillo countyt1mtar<i:;;;; located on Indian lands overwhichthe Albuquerque-Bernalillo county air quality control board lacks

### jurisd~on.~·;:;-; [20.11.47.2 NMAC

- N, 5/1/08]**~<** -0 ...-" r-" 

### ::a:: I 

### c-:J 20.11.47.3 STATUTORYAUTHORITY: 20.11.47 NMAC is adoptedpursuantto the authorityprovidedill, theNewMexicoAirQualityControl Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint Air QualityCon@1 ;: Board Ordinance, Bernalillo County Ordinance 94-5 Section4; andthe Joint AirQualityControlBoard Ord\tlllIlce;:-. Revised Ordinances ofAlbuquerque ROA 1994 Section 9-5-1-4. :::: [20.11.47.3 NMAC

- N, 5/1108] ENVIRONMENTAL PROTECTION ALBUQUERQUE

- BERNALILLO COUNTY AIR QUALITY CONTROL BOARD EMISSIONS INVENTORY REQUIREMENTS TITLE 20 CHAPTER 11 PART 47

20.11.47.7 DEFINITIONS: In addition to the definitions in 20.11.47 NMAC, the definitions in20.11.1 NMAC applyunless there is aconflictbetween definitions, in whichcase the definition in20.11.47 NMAC shall govern. A. "Actual emissions" means the quantified emissions ofaregulatedair contaminantfrom a stationary source for every 12-monthperiod. Valid continuous emission monitoring dataor source test data shall be preferentiallyused to detemtine actual emissions. In the absence ofvalid continuous emissions monitoring data or source test data, the basis for determining actual emissions shall be quantifiedusing actual operating hours, productionrates, throughputs ofprocess materials, throughputs ofmaterials stored, usage ofmaterials, dataprovided inmanufacturer's product specifications, material volatile organic compound (VOC) contentreports, laboratory analyses, or any othertechnically acceptable data as approved bythe department inadvance and in writing. All calculations ofactual emissions shalluse USEPAor department approvedmethods including emission fuctors and assumptions. B. "Airpollution control equipment" means any device, equipment, process or combination thereofthe operation ofwhichwould limit, capture, reduce, confine, or otherwise control aircontaminants or convertfor thepwposes ofcontrol any air contaminant to anotherfonn, anotherchemical or anotherphysical state. C. "California climate action registry" means the voluntaryregistryfor greenhouse gas emissions establishedpursuant to CaliforniaHealthand Safety Code D. 26, Pt. 4, Ch. 6, as amended. D. "Carbon dioxide" means the chemical compound containing one atom ofcarbon and two atoms ofoxygen. E. "Commencement" or "commence" means thatan owner or operatorhas undertaken a continuousprogramofconstructionor modification. F. "Construction" means fabrication, erection, installationorrelocationofa stationary source, including temporary installations andportable stationary sources. G. "Emissions report" or "emissions inventory" means alisting, by source, ofthe amount ofair contaminants and greenhouse gas emissions discharged into the atmosphere. I 2 3 

### 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 

### 44 45 46 47 48 49 50 51 52 53 54 55 56

20.11.47 NMAC Public Review Draft 6/23/09 1I H. "Fuel carbon content" means the mass ofcarbonperunitofheat contentofafueL 2 I. "Fugitive emissions" are those emissions thatcouldnotreasonablypass throughastack, 3 chinmey, vent, orother functionally-equivalentopening. 4 J. "Greenhouse gas" means any ofthe following: carbon dioxide, methane, nitrous oxide, 5 hydrofluorocarbons, perfluorocarbons or sulfurhexafluoride. 6 K. "Greenhouse gas emissions reporting year" means the calendar year in whichgreenhouse gas 7 emissions required to bereportedunder20.11.47 NMAC occurred. 8 L. "HYdrofluorocarbons" means gaseous chemical compounds containing onlyhydrogen, carbon, 9 andfluorine atoms. 10 M. "Methane" means the chemical compound containing one atom ofcarbon and four atoms of II hydrogen. 12 N. "Modification" means anyphysical change in, or change in the method ofoperationof, a 13 stationarysource thatresults in an increase inthepotential emissionrate ofany regulated air contaminantemittedby 14 the source orthatresults in the emission ofanyregulated air contaminantnotpreviouslyemitted, butdoes not 15 include: 16 (1) a change inownership ofthe source; 17 (2) routine maintenance, repair orreplacement; 18 (3) insta\lation ofairpo\lution control equipment, and allrelatedprocess equipmentandmaterials 19 necessary for its operation, undertakenfor the purpose ofcomplying with regulations adoptedby the boardor 20 pursuantto the federal CleanAirAct; or 21 (4) unless previouslylimitedby enforceable permit conditions: 22 (a) anincrease in theproduction rate, ifthe increase does notexceed the operating design 23 capacity ofthe source; 24 (b) an increase in the hours ofoperation; or 25 (c) use ofan alternative fuel orraw material if, prior to January 6, 1975, the source was capable 26 ofaccommodating such fuel orraw material, or ifuse ofan alternate fuel orraw material is causedby a natural gas 27 curtailment or emergency a\location orany otherlackofsupply ofnatural gas. 28 O. "Nitrous oxide" means the chemical compound containing two atoms ofnitrogen and one atom 29 ofoxygen. 30 P. "Nonattainmentarea" means, for any airpollutant, an area thathas been designated as a 31 nonattainment area under Section 107 ofthe federal act. 32 Q. "Operator" means the person orpersons responsible for the overall operationofafacility. 33 R. "Owner" means thepersonorpersons who own afacility orpartofafacility. 34 S. "Perfluorocarbons" means gaseous chemical compounds containing only carbonand fluorine 35 atoms. 36 T. "Portable stationary source" means asource that canbe relocated to anotheroperating site with 37 limited dismantling andreassembly, including as an example, moveable sand and gravelprocessing operations and 38. asphaltplants. 39 U. "Potential emission rate ll means the emissionrate ofasource at itsmaximum capacityto emita 40 regulated air contaminantunderits physical andoperational design, provided aphysical oroperational limitation on 41 the capacity ofthe source to emit aregulated aircontaminant, including airpo\lution control equipment and 42 restrictions onhours ofoperationor onthe type oramount ofmaterial combusted, stored orprocessed, shallbe 43 treated as pall ofits physical and operational design only ifthe limitation orthe effect itwould have on emissions is 44 enforceable by the departmentpursuant to the AirQuality Control Actor the federal act. 45 V. "Potential to emit" means the maximum capacityofastationarysource to emit an air 46 contaminantunder its physical andoperational design, except that aphysical oroperational limitation on the 47 capacity ofa source to emitan air contaminant, including airpollution control equipment and restrictions onhours 48 ofoperationoron the type or amountofmaterial combusted, stored, orprocessed, shallbe treated as pall ofits 49 designifthe limitation is federa\ly enforceable; however, thepotential to emit for nitrogen dioxide shallbe based on 50 total oxides ofnitrogen. 51 W. "Regulated air contaminant" means an air contaminant, the emissionorambient concentration 52 ofwhich is regulatedpursuant to the NewMexico Air Quality Control Act orthe federal act. 53 X. "Responsible person" or "responsible official" means thepersondesignated in apennitor 54 source registration, who is responsible for complying with the permit, or source registration and 20.11.47 NMAC. 55 Y. "Shutdown" means the cessation ofoperationofairpollution control equipment, process 56 equipmentorprocess for any purpose, except routine phasing out ofbatchprocess units.

20.11.47 NMAC Public Review Draft 6/23/09 21 Z. "Stationary source" or "source" means astructure, building, equipment, facility, installation 2 (including temporaryinstallations), operationorportable stationary source thatemits ormayemit an air 3 contaminant; aresearch facility may group its sources for thepurpose of20.11.47 NM:AC with the prior written 4 approval ofthe directorofthe department. 5 AA. "Sulfurhexafluoride" means the chemical compound containing one atom ofsulfurand six 6 atoms offluorine. 7 BB. "Sulfuroxides" means compounds containing sulfur and oxygen, including sulfur dioxide (SO,). 8 Cc. "The climate registry" means the nonprofit corporationentitled "the climate registry" that is 9 incorporatedpursuantto the DistrictofColumbianonprofit corporation act for thepurpose ofcreating and operating 10 a multi-state greenhouse gas emissions registry. II DD. "Westernbackstop sulfur dioxide trading program" means 20.11.46 NMAC, iftriggered as a 12 backstop in accordance withthe provisions ofthe section 309regionalhazestate implementationplan elementfor 13 Albuquerque-Bernalillo county, NewMexico, to reduce regional sulfur dioxide emissions. 14 [20.11.47.7 NMAC

-N, 5/1/08] 15 16 20.11.47.8 VARIANCES: No person can obtain avariance from the requirements of20.11.47 NMAC. 17 [20.11.47.8 NMAC

-N, 5/1/08] 18 19 20.11.47.9 SEVERABILITY: Iffor any reason any section, subsection, sentence, phrase, clause or wording 20 of20.11.47NMAC is held to beunconstitutional orotherwise invalidby any courtorthe United States 21 environmentalprotection agency, the decision shall not affectthe validity ofremainingportions of20.11.47 NMAC. 22 [20.11.47.9 NMAC

-N, 5/1/08] 23 24 20.11.47.10 CONSTRUCTION: 20.11.47 NMAC shall be liberallyconstrued to carryoutits purpose. 25 [20.1 1.47.10NMAC

-N, 5/1/08] 26 27 20.11.47.11 SAVINGS CLAUSE: The filing of20.11.47 NMAC, EmissionsInventoryRequirements, and the 28 filing ofany amendment to 20.11.47 NMAC withthe staterecords centerand archives shall not affect any action 29 pending for violationofa city orcountyordinance, a boardregulation, orapermit, and shallnot affect apetition 30 filed pursuantto 20.11.47 NMAC. Prosecutionfor violation ofaprior statute, ordinance, part orpermit shall be 31 governed andprosecutedunder the statute, ordinance, part orpermit wording ineffect atthe time the violation was 32 committed. 33 [20.11.47.11 NMAC

-N, 5/1/08] 34 35 20.11.47.12 COMPLIANCEWITH OTHER REGULATIONS: Compliance with20.11.47 NMAC does 36 notrelieve apersonfrom responsibility for complying withany other applicable federal, state, orlocalregulations. 37 [20.11.47.12 NMAC

-N, 5/1/08] 38 39' 20.11.47.13 DOCUMENTS: Documents incorporated and cited in20.11.47 NMAC may be viewed at the 40 Albuquerque environmental health department, Suite 3023, One Civic Plaza, 400 MarquetteNW, Albuquerque, 41 NM. 42 [20.11.47.13 NMAC

- N, 5/1/08] 43 44 20.11.47.14 EMISSIONS INVENTORY REQUIREMENTS: 45 A. Applicability. 20.11.47.14 NMAC applies to the owner or operatorofevery stationary source, 46 located withinBernalillo county that: 47 (1) has an activepermitissuedpursuant to 20.11.41 NMAC,Authority to Construct, or 20.11.42 48 NMAC, OperatingPermits; or 49 (2) isrequired to ftle a source registrationpursuantto 20.11.40 NMAC, SourceRegistration. 50 B. Reporting requirements. 51 (1) A source thatmeetsrequirements under Subsection A of20.11.47.14 NMAC shall submit an 52 emissions report [llflHUally] ifrequired by the department. A source is notrequired to submit an emissions report 53 more frequently than annually. 54 (2) The department willprovide acomplete copy ofan owner oroperator's submitted emissions 55 report when requested inwriting bythe owner or operator.

20.11.47 NMAC Public ReviewDraft 6/23/09 3(3) The owneroroperator shall submit to the department a complete, correct and currcntemissions reportinthe format specified by the department; the report shall state accurately the emissions ofall airpollutants included inthepermitrequestedfor any specified calendaryear. (4) Exceptas providedin Paragraph (5) ofSubsectionB of20.11.47.14 NMAC, ifthe owneror operator is requiredto submitan emissions report to the department, the owneroroperator shall submit the reportby March 15 for the previous calendar year orany othercalendar year. (5) Sources requiredby a permit to submit an annual emissions reporton a specific date shall submit the report on the specified date. C. Contentofemissions reports. Emissions report contents for reports requiredby SubsectionB of 20.11.47.14 NMAC shall include: (1) the air quality stationarysource permitnumber or source registrationnumber; (2) the name, address, ifany, andphysical location ofthe stationary source; (3) the name and telephone numberofthe person to contactregarding the emissions report; (4) a certification signedby the owner, oroperator, ora responsible official or designated representative, attesting that the statements and infonnation contained in the emissions report are true and accurate to the bestknowledge andbeliefofthe certifying official, and including the full name, title, signature, date of signature, and telephone numberofthe certifying official; for sources subject to 20.11.42 NMAC, the certification shallbe made as requiredby 20.11.42 NMAC; (5) for each emissionpoint, in the format requiredby the department: (a) stackand exhaustgas parameters and locationinformation; (b) type ofcontrol equipment and estimated controlefficiency; (c) schedule ofoperation; (d) annual process orfuel combustionrates; (e) fuel heat, sulfur, and ash content; (I) [••li
...at."] actual emissions estimate inpounds peryear oftotal suspendedparticulate, PMIO, PM2.5, ammonia, sulfur oxides, nitrogen oxides, carbonmonoxide, volatile organic compounds, and lead, including fugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime; (g) speciatedhazardous airpollutants, ifrequestedby the department; and (h) a description ofthe methods utilized to make the estimates, including calculations; (6) for smelters, an annualreportofsulfurinput stated in tons peryear; and (7) all informationrequiredby40 CFRPart 51, Subpart A, Emissions Inventory Reporting Requirements, as amended. D. Additional contentfor emissions reports from sources in ozone nonattainmentareas. In addition to the contents requiredby SubsectionC of20.11.47.14 NMAC, emissions reports from sources located in ozonenonattainment areas that emitnitrogenoxides and volatile organic compounds shall also include the following infonnation: (1) typical daily process rate during the peak ozone season, where the peakozone season is specified by the department; (2) [estimat."] actual emissions estimate ofnitrogen oxides andvolatile organic compounds in pounds perday for a typical day during thepeakozone seasonfor: (a) eachemissions point; and (b) for eachprocess and fuel type contributing to emissions from eachpoint. E. Waiver ofreporting requirements for insignificant emissions. The department may waive the requirements ofParagraph(5) ofSubsectionC of20.11.47.14 NMAC for emissions that the department determines to be insignificantpursuant to 20.11.42 NMAC, exceptthe following shallnotbe waived: (1) for sources in nonattainment areas, reporting ofemissions ofpollutants for which the area is in nonattainment; and (2) emissions reporting required by the federal act. F. Emission tracking requirements for sulfur dioxide emission inventories. In addition to complying with therequirements ofSubsections A throughE of20.ll.47.l4 NMAC, an ownermaybe subject to 20.11.46NMAC, SulfUrDioxideEmissionsInventoryRequirements; Western Backstop SulfUrDioxide Trading Program. [20.11.47.14 NMAC

- N, 5/1/08] I 2 3 

### 4 

### 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 

### 44 45 46 47 48 49 50 51 52 53 54 

### 55 56 20.11.47.15

20.11.47 NMAC GREENHOUSE GAS EMISSlONS INVENTORY REQUIREMENTS:

Public Review Draft 6/23/09 4I A. Applicability. 20.11.47.15 NMAC applies to the owneroroperatorofevery stationary source, 2 locatedwithinBernalillo countythatemits agreenhouse gas as definedin SubseetionJ of20.11.47.7 NMAC and: 3 (1) has an activepennitissuedpursuantto 20.11.41 NMAC,Authority to Construct, or 20.11.42 4 NMAC, Operating Permits; or 5 (2) is required to file a source registrationpursuantto 20.11.40 NMAC, Source Registration. 6 B. Reporting requirements. 7 (1) Any stationary source subjectto 20.11.47.15 NMAC, ifrequested by the department, shall: 8 (a) submitagreenhouse gas emissions inventoryby the deadline and as required by the 9 greenhouse gas emissions reporting procedures establishedbythe department, butnot more oftenthan annually; or 10 (b) reportgreenhouse gas emissions from the stationary source in accordance with20.11.48 11 NMAC;or 12 (c) provide the department with access to the requested infonnationfor the greenhouse gas 13 emissions reporting yearregistered in eitherthe climate registryorthe California climate actionregistry. 14 (2) When the department determines the deadlines for submitting greenhouse gas emissions reports 15 andreportingprocedures, the department shallprovide an opportunityforpublic comment, and sball consider: 16 (a) public comments regarding the schedule ofthe reports and greenhouse gas emissions 17 reporting procedures; 18 (b) emissions quantification standards andbestpractices approved orrecommendedbyfederal 19 and state agencies, bygreenhouse gas emissions registries, and bynon-governmentalbodies having expertise in 20 greenhouse gas emissions quantification; 21 (c) whether, considering the amount and chemical compositionofthe emissions, greenhouse 22 gas emissions from aparticularsource orsource type are expected tobe insignificantrelative to emissions from 23 other sources orsource types; and 24 (d) whether, considering the amount and chemical compositionofthe emissions, emissions ofa 25 particulargreenhouse gas from a source or source type are expected tobe insignificantrelative to the total 26 greenhouse gas emissions from that source orsource type. 27 C. Content ofgreenhouse gas emissions reports. Ifagreenhouse gas emissions reportis required 28 by Subparagraph(a) ofParagraph (I) ofSubsectionB of20.11.47.15 NMAC, thenthe report shall eontain the same 29 informationrequiredbyParagraphs (I) through (4) ofSubsection C of20.11.47.14 NMAC as well as the following 30 information: for each emissionpoint, as requiredbythe departmentunderthe greenhouse gas emissions reporting 31 procedures orothermethodologies andprocedures approvedby the departmentin advance and inwriting, the 32 [eSElHHKeEl] actual emissions estimate ofgreenhouse gases inpoundsperyear, including fugitive emissions and 33 emissions occurring during maintenance, start-ups, shutdowns, upsets and downtime. 34 [20.11.47.15 NMAC

- N, 5/1/08] 35 36 HISTORY OF 20.11.47 NMAC: 37 Pre-NMAC History: none. 38 39 HistoryofRepealedMaterial: [Reserved] 40 41 NMAC History: [Reserved] 42

20.11.47 NMAC Public Review Draft6/23/09 5

### ABQjoumaLegals Page 1 of2



# Clipped Legal Notices • PrinterFrieI!dly
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### EXHIBIT 

# J.C\

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD NOTICE OF HEARING On October 14,2009, at 5:30 PM, the Albuquerque-Bernalillo County Air Quality Control Board (AirBoard) will hold apublic hearing in the VincentE. Griego Chambers located inthe basementlevel oftheAlbuquerque-Bernalillo County Government Center, 400 Marquette AvenueNW, Albuquerque, NM. The hearing will address: Proposal to amend 20.11.47 NMAC, Emissions Inventory Requirements, and submitthis amendmentto EPA as arevision to the State Implementation Plan (SIP). The Air Quality Division (Division) is proposing to amend 20.11.47 NMAC, for the following reasons: The currentlanguage at20.11.47.14.B.(I) NMAC is overlybroad in scope, requiring an annual emissions inventory report for all airpollution sources, including those with an air quality 'permit' and those with only an air quality 'registration'. Airpollution sources issued 'registrations' emit only small amounts ofpollution, and thus do not trigger airquality 'permitting' thresholds (e.g. sources such as small generators and small manufacturing operations). The proposed language for 20.11.47.14.B.(l) NMAC wouldprovide the Division the flexibility to require emissions reports from sources with air quality 'permits', but notrequire areport from all the smaller sources with 'registrations', clip 

### unless itbecomes necessary in the future. This will shrinkthe universe of affected sources downto that, which was originally intendedthe last time this rule was amended, and at the same time, retains the flexibility to include more sources in the future ifnecessary. Following the hearing, the Air Board will hold its regularmonthly meeting during which the Air Boardis expected to consider adopting theproposed amendmentto 20.11.47 NMAC, Emissions Inventory Requirements, and submitthis amendmentto EPA as arevision to the SIP. The AirBoardis the federally-delegated airquality authority for Albuquerque and Bernalillo County. Local delegation authorizes the AirBoardto administer and enforce the CleanAir Act andtheNew Mexico Air Quality Control Act, and to require local airpollution sources to complywith air quality standards andregulations. Hearings and meetings ofthe AirBoard are opento thepublic and all interestedpersons are encouragedto participate. Allpersons who wish to testifyregarding the subject ofthe hearing may do so atthe hearing and will be given areasonable opportunityto submitrelevant evidence, data, views, and arguments, orally orin writing, to introduce exhibits andto examine witnesses in accordance with the Joint AirQuality Control Board Ordinances, Section 9-5-1-6 ROA 1994 andBernalillo County Ordinance 94-5, Section 6,

htto://lel!als.abaiourna1.comllel!aIs/index html/clipped/?pfriendly=1 711312009

### ABQjoumaLegals

and 20.11.82 NMAC, Rulemaking Procedures

-- Air Quality Control Board. Anyone intending to presenttechnical testimony at this hearing is requiredby 20.11.82.20 NMAC to submit a writtenNotice OfIntentto testify (N0l) before 5:00pmon September29, 2009, to: Attn: Hearing Clerk, Ms. Janice Amend, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or, youmay deliver yourNOl to the Environmental Health Department, Suite 3023, 400 Marquette Avenue NW. TheNOl shall: 

### I. identify the person for whomthe witness or witnesses will testify; 2. identify each technical witness the person intends to presentand state the qualifications ofthat witness, including a description oftheir educational andwork background; 3. summarize orinclude a copy ofthe direct testimony of each technical witness and state the anticipated duration ofthe testimony ofthatwitness; 4. include the textofany recommended modifications to the proposedregulatory change; and 5. list and describe, orattach, all exhibits anticipatedto be offeredby thatperson atthe hearing, including any proposed statementofreasons for adoption ofrules. Inaddition, written comments to be incorporatedintothe public record for this hearing shouldbe received atthe above P.O. Box, orEnvironmental HealthDepartmentoffice, before 5:00 pm on October 7, 2009. Comments shall include the name and address ofthe individual or organization submitting the statement. Written comments may also be submitted electronically tojamend@cabq.gov and shall include the required name and address information. Interestedpersons may obtaina copy oftheproposedregulation atthe Environmental Health Department office, orby contacting Ms. Janice Amend electronically at jamend@cabq.gov orby phone (505) 768-2601 ,orby downloading a copy from the City ofAlbuquerque Air Quality Division website http://www.cabq.gov/airquality/aqcb/puhlic-review-drafts NOTICE FOR PERSON WITH DISABILITIES: Ifyou have a disability and/orrequire special assistance please call (505) 768-2600 [Voice] and special assistance will be made available to you to review any public meeting documents, including agendas andminutes. TTY users call the New Mexico Relay at I-800-659-8331 and special assistance will be made available to youto review any public meeting documents, including agendas andminutes Journal: July 12,2009.

### PublishedonJuly 12, 

### 2009

http://legals.abqjournal.com/legals/index

_html/clipped/?pfriendly=I Page 2 of2

7/13/2009

### OFf-lelAl. SEAL 

### Sandra B. 

### Gutlerrez

ACCGUNT NUMBER me, a Notary Public, in and o and State of New Mexico this

## _----==~~~- of

# 200

Statement to come at end of month. PRICE-I--""'---=-'------f.-"- ---I.

CLA-22-A (R-i/93) 

### STATE OF NEW MEXICO County ofBernalillo SS Bill Tafoya, being duly sworn, declares and says that he;s 21assified Advertising Manager of The Albuquerque Journal, and that this newspaper is duly qualified to publish legal notices or advertisements within the meaning of Section 3, f2hapter 167, Session Laws of 1937, and tha, payment therefore has been made of assessed as that the notice, copy of which is hereto er in the regular daily**e~,** for first pub catio being on the!s:2..:... day of 

# I. and the ubseque t consecutive publications on -l'-------"---'=-=-+---f--'''r----,,L------------, 

### 2o_.**II~C;.:I** "I"**~~u'1** ....· .........,."J
.... technical witness the person In· tends ,10 present and state Ihe quamications of that wtlness, Including adescription of Iheireducational and woo< background; 3. summarize or Include a COpy of the direct testimony of each technical wtlness and slate the**antic~** pated duration of the testimony of that Witness; 4. include the text of any recommended modificationsto the proposed regulatory change; and 5. list and describe, or attach, all exhibits anticipated 10 be of· fered by tnat person at the hearing, inclUding any proposed slate· ment of reasons for adoption of rules. In addtlion. written comments to be incorporated into the p.ubllc re- cord for this hearing should be reo ceived at the above P.O. Box. or Environmental Health Department i oltice. before 5:00 pm on October 7, 2009. Comments shall include the name and address of the individual or organization submitting the statement. Wntten comments may also be submitted electroni· cally to jamend@cabq.gov and shall include the required name and address information. Interest-

, ed persons may obtain a copy of

, the proposed regUlation at the En· vironmental Health Department office, or by contacting Ms. Janice\

, Amend electronically at ja-,

mend@cabq.gov or by phone (505) 768-2601 ,or by doWnloading\ a copy 'rom the City of Albuquerque Air Quality Division website http1/1V\w/.callQ.gov/airquality/a<PJ{ i public-review-drafts I 'NOTICE FOR PERSON WITH l DISABILITIES: If you have a dis· I ability and/or require special as· sistance.please call (505) 768-2600 lyoicej and speCIal as· sistance Will be made available to you to review any'public meeting ,documents, incluoing agendas ana

-minutes. TIY users call the New (Mexico Relay at t·800-659-8331 ,**\a~d** special assistance will be r mllde available to you to review' any pUblic meeting documents. inclUding agendasand mll1tl1es Journal: July 12, 2009.964 

### New Mexico Register/Volume XX, Number 14/July 31, 2009

NEWMEXICO ENVIRONMENTAL IMPROVEMENT BOARD NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD NOTICE OF PUBLIC HEARING TO CONSIDER PROPOSED REVISION OF THE FOOD SERVICE AND FOOD PROCESSING REGULATIONS, 7.6.2 NMAC. Environmental Mexico 

### NEWMEXICO ENVIRONMEN

DEPARTMENT

New Box, or Environmental Health Department office, before 5:00 pm on October 7, 2009. Comments shall include the name and address of the individual or organization submitting the statement. Written comments may also be submitted electronically to jamend@cabg.gov and shall include the required name and address infonnation. Interested persons may obtain a copy ofthe proposed regulation at the Environmental Health Department office, or by contacting Ms. Janice Amend electronically at jamendiGlcabq.gov or by phone (505) 768- 260J,or by downloading a copy from the City of Albuquerque Air Quality Division website http://www.cabq.gov/airouality/ aqcb/public-review-drafts NOTICE FOR PERSON WITH DISABILITIES: Ifyou haveadisabilityand! orrequire special assistancepleasecall (505) 768-2600 [Voice] and special assistance will be made available to you to review any public meeting documents, including agendas and minutes. TTY users call the New Mexico Relay at I-800-659-8331 and speeial assistanee will be made available to you toreview anypublicmeetingdocuments, including agendas and minutes

# ~~~~-

The Anyone intending to present technical testimony at this hearing is required by 20.11.82.20 NMAC to submit a written Notice Of Intent to testify (NOI) before 5:00pm on September 29, 2009, to: Attn: Hearing Clerk, Ms. Janice Amend, Albuquerque Environmental Health Department, P.D. Box 1293, Albuquerque, NM 87103, or, you may deliver your NOI to the Environmental Health Department, Suite 3023, 400 Marquette Avenue NW. The NOI shall: I. identify the person for whom the witness or witnesses will testify; 2. identify each technical witness the person intends to present and slate thequalifications of that witness, including a description of their educational and work background; 3. sununarize or include a copy of the direct testimony ofeach technical witness and state the antieipated duration of the testimony of that witness; 4. include the text of any recommended modifications to the proposed regulatorychange; and5. listanddescribe, or attach, all exhibits anticipated to be offered by that person at the hearing, including any proposed statement ofreasons for adoption ofrules. Following the hearing, the Air Board will hold its regular monthly meeting during whieh the Air Board is expected to consider adopting the proposed amendment to 20.11.47 NMAC, Emissions Inventory Requirements, and submit this amendment to EPA as arevision to the SIP.

Hearings and meetings ofthe Air Board are open to the public and all interested persons are encouraged to partieipate. All persons who wish to testify regarding the subject of the hearing may do so at the hearing and will be given a reasonable opportunity to submit relevant evidence, data, views, and arguments, orally or in writing, to introduce exhibits and to examine witnesses in accordance with the Joint Air Quality Control Board Ordinances, Seetion 9-5-1-6 ROA 1994 and Bernalillo County Ordinance 94-5, Section 6, and 20. I1.82 NMAC, Rulemaking Procedures

-- Air Quality Control Board. the flexibility to include more sources in the future ifnecessary.

The Air Board is the federally-delegated air quality authority for Albuquerque and Bernalillo County. Local delegation authorizes the Air Board to administer and enforce the Clean Air Act and the New Mexico Air Quality Control Act, and to require local air pollution sources to comply with air quality standards and regulations.

In addition, written conunents to be incorporated into the public reeord for this hearing should be received at the above P.O. Proposal to amend 20.11.47 NMAC, Emissions Inventory Requirements, and submitthis amendment to EPA as a revision to the State Implementation Plan (SIP). The Air Quality Division (Division) is proposing to amend 20.11.47 NMAC, for the following reasons: ALB UQUERQUE-BERN ALILLO COUNTY AIR QUALITY CONTROL BOARD NOTICE OF HEARING

The current language at 20.11.47.14.B.(l) NMAC is overly broad in scope, requiring an annual emissions inventory report for all air pollution sourees, including those with an air quality 'pennit' and those with only an air quality 'registration'. Air pollution sources issued 'registrations' emitonly small amounts ofpollution, and thus do not trigger air quality 'pennitting' thresholds (e.g. sources sueh as small generators and small manufacturing operations). The proposed language for 20.11.47.14.B.(1) NMAC would provide the Division the flexibility to require emissions reports from sources with air quality 'pennits', but not require a report from all the smaller sources with 'registrations', unless it becomes necessary in the future. This will shrink the universe ofaffeeted sources down to that, which was originally intended the last time this rule was amended, and at the same time, retains NOTICE FOR PERSON WITH DISABILITIES: Ifyou have adisability and/ orrequire special assistance please call (505) 768-2600 [Voice] and special assistance will be made available to you to review any public meeting doeuments, including agendas and minutes. lTY users call the New Mexico Relay at 1-800-659-8331 and speeial assistance will be made available to you toreviewanypublic meetingdocuments, including agendas and minutes Albuquerque Air Quality Division website http://www.caba.gOY /aifq UaIity/aqcblpublicreview-drafts.

On October 14, 2009, at 5:30 PM, the Albuquerque-Bernalillo County Air Quality Control Board (Air Board) will hold a public hearing in the Vincent E. Griego Chambers located in the basement level of the Albuquerque-Bernalillo County Government Center, 400 Marquette Avenue NW, Albuquerque, NM. The hearing will address: 

### ALBUQUERQUEBERNALILLO COUNTY AIR QUALITY CONTROL BOARD

### ClearDay
Butt, Neal T. From: Amend, Janice C. Oamend@cabq.gov] Sent: Thursday, July 09, 2009 2:59 PM To: air-quality-announce@lists.cabq.gov Subject: 20.11.47 NMAC, Emissions Inventory Requirements Legal Ad Follow Up Flag: Follow up Flag Status: Green


### Please do notrespond directly to the ListServe announcement. ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD NOTICE OF HEARING Page 1 of2

On October 14,2009, at 5:30 PM, the Albuquerque-Bernalillo CountyAir Quality Control Board (Air Board) will hold apublichearing inthe Vincent E. Griego Chambers locatedin the basement level of theAlbuquerque-Bernalillo County GovernmentCenter, 400 Marquette Avenue NW, Albuquerque, NM. Thehearing will address: Proposal to amend 20.11.47 NMAC, Emissions InventoryRequirements, and submit this amendment to EPA as arevision to the State ImplementationPlan (SIP). The Air Quality Division (Division) is proposing to amend 20.11.47 NMAC, forthe following reasons: The currentlanguage at 20.11.47.14.B.(I) NMAC is overlybroadin scope, requiring an annual emissions inventory report forall airpollution sources, including those with an airquality 'permit' and those with only an airquality 'registration'. Airpollution sources issued 'registrations' emitonly small amounts ofpollution, and thus do not trigger airquality 'permitting' thresholds (e.g. sources such as small generators and small manufacturing operations). Theproposed language for 20.11.47.14.B.(I) NMAC wouldprovide theDivisionthe flexibility to require emissions reports from sources with airquality 'permits',butnotrequire areport from all the smaller sources with 'registrations', unless itbecomes necessary in the future. This will shrinktheuniverse ofaffected sources down to that, which was originally intended the last time this rule was amended, and at the sametime, retains the flexibility to includemore sources inthe future ifnecessary. Following thehearing, the Air Board will hold its regularmonthly meeting during which the Air Board is expected to consideradopting theproposed amendmentto 20.11.47 NMAC, EmissionsInventory Requirements, and submit this amendment to EPA as arevision to the SIP. The AirBoard is the federally-delegated air quality authority for Albuquerque and Bernalillo County. Local delegation authorizes the AirBoardto administer and enforce the CleanAirAct and theNew Mexico Air Quality Control Act, and torequire local airpollution sources to comply with airquality standards andregulations. Hearings and meetings ofthe AirBoard are opento thepublic and all interestedpersons are encouragedtoparticipate. All persons who wish to testifYregarding the subject ofthehearing may do so at thehearing and will be given areasonable opportunity to submitrelevant evidence, data, views, and arguments, orally or in writing, to introduce exhibits and to examine witnesses in accordance with
Q1741700Q

### ClearDay Page 2 of2

the JointAir Quality Control Board Ordinances, Section 9-5-1-6 ROA 1994 and Bernalillo County Ordinance 94-5, Section 6, and 20.11.82 NMAC, Rulemaking Procedures

-- Air Quality Control Board. Anyone intending to presenttechnical testimony atthis hearing is requiredby 20.11.82.20 NMAC to submitawrittenNotice OfIntentto testifY (NOI) before 5:00pm on September29,2009, to: Attn: Hearing Clerk, Ms. Janice Amend, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or, you may deliveryourNO! to the Environmental Health Department, Suite 3023, 400 Marquette Avenue NW. TheNOI shall: I. 

### identifY the person for whom the witness orwitnesses will testifY; 2. identifY eachtechnical witness the person intends to presentand statethe qualifications ofthatwitness, including a description oftheireducational and workbackground; 3. summarize orinclude a copy ofthe directtestimony ofeachtechnical witness and statethe anticipated duration ofthe testimony ofthatwitness; 4. include the textofany recommended modifications to the proposed regulatory change; and 5. listand describe, orattach, all exhibits anticipatedto be offeredby thatperson atthehearing, including anyproposed statementofreasons for adoption ofrules. In addition, written comments to be incorporated into the public record for this hearing shouldbe received atthe above P.O. Box, orEnvironmental HealthDepartmentoffice, before 5:00 pm on October7, 2009. Comments shall include the name and address oftheindividual ororganization submitting the statement. Written comments may also be submitted electronicallyto jamend@cabq.gov and shall include the required name and address information. Interested persons may obtain a copy oftheproposedregulation atthe Environmental Health Departmentoffice, orby contactingMs. Janice Amend electronically atjamend@cabq.govor byphone (505) 768-2601,orby downloading a copy from the City ofAlbuquerque Air Quality Division website http://www.cabq.gov/airquality/aqcb/public-review-drafts. NOTICE FORPERSON WITH DISABILITIES: Ifyou have a disability and/orrequire special assistanceplea.'lfl call (505) 768-2600 [Voice] and special assistance will be made available to you to review anypublic meeting documents, including agendas and minutes. TTYusers call theNew Mexico Relay at 1-800-659-8331 and special assistance will be made available to you to review any public meeting documents, including agendas and minutes. Thankyou, Janice C. Amend AirQuality ControlBoard Liaison City ofAlbuquerque 768-2601



### 9/2412009

### Butt. Neal 

### T. From: Sent: To: Subject: Follow Up Flag: Flag Status: correo [root@correo.cabq.gov] Friday, March 27, 20092:15 PM BUll, Neal T. air-quality-announce Follow up Orange rcudney@swcp.com hershber@unm.edu mldumon@sandia.gov gdennis@cabq.gov gdingman@cabq.gov bjones@cabq.gov akearny@cabq.gov jliberatore@cabq.gov bortega@cabq.gov yrosario@cabq.gov mstebleton@cabq.gov Churchhw@aol.com du mond@juno.com LRose@rnontand.com bagallegos@cabq.gov caaragon@cabq.gov ppuckett@cabq.gov itavarez@cabq.gov calbrecht@cabq.gov dgates@cabq.gov rnltorrez@cabq.gov bmcgill@gcc.com rnayor@cabq.gov flucero@cabq.gov dsalisbury@cabq.gov bwinter@cabq.gov msanchez@cabq.gov spruiell.stanley@epamail.epa.gov todd.robert@eparnail.epa.gov ychavez@mercury.bernco.gov ernckinley@rnercury.bernco.gov msalazar@rnercury.bernco.gov steve dubyk@rrrnenv.state.nrn.us belljd@vmcmail.com kobnews@swcp.com paul.burt@krqe.com ltafoya@mercury.bernco.gov tloner@cabq.gov drocha@cabq.gov nbennett@mercury.bernco.gov clehner@cabq.gov shivgoel@hotrnail.com pchandler@bernco.gov Lany Weaver@nrnenv.state.nrn.us Gail-Cooke@nrnenv.state.nrn.us Sandra Ely@nrnenv.state.nrn.us rita trujillo@nrnenv.state.nrn.us Brad-Musick@nrnenv.state.nrn.us slacy@doeal.gov dmckay@abqjournal.com karenflash@aol.com kmulloy@salud.unm.edu mpappas@e2m.net sricdon@earthlink.net 1frnacias@cabq.gov jgould@doeal.gov hdoldew@sandia.gov lstark@cabq.gov trnenicucci@cabq.gov paul.silverrnan@geltrnore.com rncarstens@deltapower.com rwilliams@classonetech.com EAdams@cabq.gov JCastillo@cabq.gov SMayer@cabq.gov JDileanis@cabq.gov MCadigan@cabq.gov RSertich@cabq.gov NBennett@bernco.gov rdoucette@bernco.gov adgallegos@bernco.gov ernckinley@bernco.gov planner@co.valencia.nm.us sricpaul@earthlink.net poienvir@nrn.net danwestern@qwest.net aquaticpoolsinc.com aquatic004@aol.com ronfernandez@sandiaproperties.com Regtext@netscan.com dennisr@agc-nm.org dsurnshler@worldnet.att.net vljararnillo@cabq.gov dnason@cabq.gov pmseby@52801aw.com jhorton@agc-nm.org wacorrals@rnsn.com tlucero@rnercury.bernco.gov sfish@mercury.bernco.gov gschroeder@rnercury.bernco.gov TRAILSMGMT@aol.com gnryba@cyberrnesa.com nmpirg@pirg.org rogerp@rnercury.bernco.gov davern@bernco.gov jkelly@amafca.org lsk@swcp.com DRay@cabq.gov roger.o.rncclellan@att.net lrnoye@pnm.com robby@swop.net swalters@cabq.gov bhall@cabq.gov ssurnmers@cabq.gov aduran@cabq.gov Ithornas@geraldmartin.com jackson@high-desert.com rnoisessanchez@terra.cl stevern@bernco.gov jleckst@sandia.gov hahwang@sandia.gov rsanchez@generalgrowth.com theresasanchez@cabq.gov jkubica@cabq.gov tagarcia@cabq.gov rncandelaria@cabq.gov bamaldonado@cabq.gov rrncclannahan@abqjournal.com cblewett@rnrcog-nrn.gov pgrice6622@aol.com jlovato@arnafca.org 2aldaz@aps.edu kwent2@unrn.edu NButt@cabq.gov rbeverly8@rnsn.com nelsonconsulting@qwest.net broehrn@wagnerequiprnent.com gnerich@hotrnail.com bjbrockx@aol.com gary.henderson@errn.com rnike.sullivan@wrneng.com rnike@brnt-tank.com sfettes@cabq.gov jhamel@cabq.gov tmiller@cabq.gov valcole@flash.net mikehconsulting@aol.com kmaesta@pnm.com andrew.d.rnoen@intel.com helen.Rinehart@genrnills.com DANIELDENTON@msn.com Kordzi.Joe@eparnail.epa.gov tlucero@bernco.gov jbrennan@abqjournal.com NNorem@pnrn.com cabeyta@zianet.com ddailey@cabq.gov swngaikido@yahoo.com gjoffel@comcast.net ARogers967@aol.com PatMcCraw@aol.com nucanrn@nucanm.org hqhfarrn@corncast.net rogerp@bernco.gov hoofprintspublication@hotmail.com domalley@cabq.gov rnsalazar@bernco.gov jowen@ci.rio-rancho.nrn.us lori.snyder@ae.ge.com Jackie.Carnes@kirtland.af.rnil jcacklen@swcp.com scott.clark@kirtland.af.mil nrncga@nmagriculture.org RSolomon@cabq.gov jlewis@cyberrnesa.com rnark@rnarkrudd.com john.pike@kirtland.af.mil mbfernandez@aol.com tomasita@swop.net julio dorninguezl@yahoo.com krichards@bernco.gov Dalderete@cabq.gov Rosanne Sanchez@nrnenv.state.nrn.us Jebrink@corncast.net khendricks@bernco.gov Shar.Alan@epamail.epa.gov sjlucero@cabq.gov rennie.sandra@epa.gov MNieto@cabq.gov carl.nord@etest.com Corey.Hansen@lafarge-na.com jwjengr@aol.com sfinch@shornaker.com raragon@donalddvigil.com tpedroncelli@cabq.gov rndavis@abqjournal.com pghahnphd@comcast.net orlando r@msn.com 3phalajian@rnodrall.com asantistevan@cabq.gov rncampen@lrri.org rnrninturn2@corncast.net wcs@rnodrall.com felicia.orth@state.nrn.us jdimasBO@yahoo.com hseus@e2m.net rnvanreenen@e2m.net SWarfield@cabq.gov rgedrirn@rnsn.com dkenny@atlasabq.com. LSonntag@cabq.gov rnollywhy2004@yahoo.com Yasmeen@rnrgcd.com rnclark@e2m.net brad.musick@state.nrn.us orlando.r@msn.com klienernann@cabq.gov rnatthewc@bernco.gov mpenvironmental@msn.com kyle@rtoads.com Mark.Cubbage@arnericangypsum.com bxaragon@cabq.gov skanbar@cabq.gov claude.morelli@transnuevQ.com kristine.sllQZzi@state.nm.us kelowey@state.nm.us penland.catherine@epa.gov acgeng@aol.com kurnbaOl@earthlink.net spaladugu@bernco.gov rnsbianca@sneej.org jprewitt6@comcast.net decorahamiel@aol.com west.regtxt@thornson.com cholloway@doeal.gov rustycook4412@rnsn.com jrnrnause@sandia.gov mschluep@kleinfelder.com brian.degani@state.nm.us jeffrey.fredine@state.nm.us ray.matthew@state.nm.us clakins@dornenicilaw.com dreyes@cabq.gov Marcelle.Fiedler@pnmresources.com nucanm@mail.nucanm.org Ipacias@ydinrn.org dcarnpbell@vogelcarnpbell.com jarnend@cabq.gov todil@rnckennalong.com randy@nrnlobbyist.com lauren@environmentnewrnexico.org lotero61@msn.com crhll@swcp.com nmcga@nmagriculture.org dgriffin@cabq.gov lori.snyder@ge.com Itollefson@mrcog-nm.gov toomuchdust@swcp.com gernroller@swcp.com RUEBUSH@AOL.COM jps3170@corncast.net RUEBUSHL@AOL.COM chris.keller@sunset-memorial.com paul.layer@frenchmortuary.com RPenttila@cabq.gov 4jennifer.dann@kirtland.af.mil tyelar54@yahoo.com diane souder@nps.gov DMANIGAN@Quikrete.com rdelapp@pnm.com Rtimma@MEGACORPINC.com fGUCCILLO@msn.com Anihealth@AOL.com albWalt@yahoo.com pwade@classonetech.com ftuccillo@msn.com Young.Carl@eparnail.epa.gov rjcroninnrn@comcast.net oziewinter@yahoo.com Ksanchez-pare@cabq.gov dharris@cabq.gov tjones@cabq.gov rgarduno@cabq.gov ibenton@cabq.gov abqmetals@yahoo.com maledo@cabq.gov jrchavez@abcwua.org jps317@comcast.net nnoren@pnm.com fgucillo@rnsn.com ftucillo@rnsn.com jp5317@comcast.net dmadigan@quikrete.com jens.deichrnann@gmail.com rnmenache@salud.unrn.edu bill.grantham@state.nrn.us shgutierre@bernco.gov loralucero@aol.com shgutierre@bernco.gov Thornas.Scharrnen@state.nrn.us jennifer.dann@kirtland.af.rnil artsharpe@wildblue.net dmiera@bernco.gov sdanciger@bernco.gov romero.rosemary@grnail.com rnarladesk@gmail.com jcudney@trinityconsultants.com marlagayle@aol.com marcelle.vanreenen@hazair.com mary.uhl@state.nrn.us Rita.Bates@state.nm.us sufi.rnustafa@state.nrn.us Kerwin.Singleton@state.nm.us Robert.Warder@kirtland.af.mil Matthew.Ojile@errn.com sirnon@alibi.com bfrederick@nrnelc.org lynne@naiopnm.org Martha.Garcia.ctr@Kirtland.af.mil droark@gcc.com dannie.rnasters@saralee.com rndear@cabq.gov Dona.Upson@med.va.gov jacksully 2@q.com sglass@bernco.gov

5

### ClearDay Page 1 of1


### IBIT 1lII
.....**~·** 

# 30. From: Sent: To: Subject: Amend, Janice C. [jamend@cabq.gov] Monday, April 27, 2009 10:24 AM air-quality-announce@lists.cabq.gov 20.11.47 NMAC, Emissions Inventory Requirements Stakeholder Letter & Stakeholder Review Draft Follow Up Flag: Follow up Flag Status: Orange 

### Butt, Neal T.

PLEASE DO NOT RESPOND DIRECTLY TO THIS LISTSERVE ANNOUNCEMENT Dear Stakeholders, Please see the attached Stakeholder Letter, and the Stakeholder Review Draft for the above-mentioned regulation. Thankyou, Jimice C Amend Air Qualicy Control Board LL.tison City ofAlbuquerque 768 2601



### 9/24/2009

# CITY OF 

# ALBUQUERQUE EfI/!ironmentalHealth Department John \V. Soladar. Direcwr April 27, 2009

PO Box I .2') 1

Albuquerque

NM :-;710,J

\\i\

....w,cabq,g(l\' Re: 20.11.47 NMAC, 

### Emission,'Inventory Requirements DearStakeholders: The Air Quality Division for the City ofAlbuquerque is in the process ofamending regulation 20.11.47 NMAC, 

### Emissions Inventory Requirements. We would like your input as a stakeholder regarding this regulation and would appreciate your review and comments. The scope of20.11.47 NMAC applies to each person who owns or operates a source or who intends to construct or modify a source within Bernalillo County. "Source" is defined at Subsection Z of20.11.47.7 NMAC. The objective of20.11.47 NMAC is to establish the requirements both for submitting inventories ofair contaminants to comply with the Air Quality Control Act and the Federal Act, and for gathering data to quantify greenhouse gas emissions in Bernalillo COWlty. The Stakeholder Review Draft is available on the Air Quality Division's Web site at 

### h!!Q:/;www.cahq.gov!airqualityireb'lllation-developm"nt/stakehoI der

-reviewdraftsIStakeholdcr-Review-Draft20-11-47NMAC4-23-09.pdf. The one proposed language change is in 20.11.47.14.8 NMAC, 

### Emissions Inventory Requirements: Reponing Requirements. Text for the proposed change is provided on the back ofthis letter. Ifyou have any comments regarding this proposed regulation amendment, please submit yourcomments by May 23,2009, via e-mail to jamendlilicClby.gov or mail them to Janice C. Amend, City ofAlbuquerque, P.O. 80x 1293, Albuquerque, NM 87103. Any questions prior to the comment due date, can be addressed by contacting Janice Amend 768-2601 or Isreal Tavarez 768-1965. [fthere is interest in having a stakeholdermeeting, please let us know by May 8, 2009. Thank you for your interest in this malter. Your .:omments are important. 

# r1 rely, 

# (**&;J{t~(I** 

# tJ;fLt'VcL-**'Wi~e** C. Amend i*ir Quality Control Board Liaison 068-260120.11.47.14 EMISSIONS INVENTORY REQUIREMENTS: ,\. ,\pplicabllity. 20.11.47.14 NMAC applies lo the owneror**op~rator** ofevery slationary source, lOl,;ated within Bemalillo county that: (I) has an active permit issued pursuantto :20.11.41 NMAC, Allthority to Conslmel. or 20. t 1.42 NMAC, Opertlting Pl!rmil.'l; or (2) is required ro file a**sourc~** registration pursuant to**~O.II.40** NMAC, S014r£'e Regislrulion. 8. Reporting requirement!. (I) A St.,un:e that**me~ts** requirements under**Sub~ction** A**of~O.1** L47.14 NMAC**~han ~ubmit**  an emissions report IrllHttftlijyl ifre.yuirt'd**b..YJI_~_4l;;mm!1LCIH.** A source is notrequired to submitan**~missions** report more frequently than annually. (2) rhe departmem will provide a complete copy ofan**own~r** oroperator's submitted emissions report when n:'4ucsted in writing by the**own~r** oroperator. (3) The owner oroperator shaH submit to the department acomplete. correct and currentemissions report in the fomlat specified by the department; the report**~hall** state accurately the**~missions** ofall airpollutants included in the pennit requested for .my specitied calendaryear. (4) Except as provided in Paragraph (5) ofSub-;ection B of20.ItA?.14 NMAC. ifthe owneroroperator is required to submit an eTnissions report to the department. the owneror operator shaH submit the reportby March 15 for the previous calendar**y~ar** or any**olh~r** l:alendaryear. (5) Sources required by a pennit to :;ubmitan annual emissions report on a specific date shall submit the report on the**~peclfied** dare. C. Content ofemissions reports.**Emis~ions** report contents tor reports required by**Sub~ction** B of**~Ooll.4;** i-1- NMAC shall include: (1) the airquality stationary source permitnumber or source registration number; (2) the nilme. address, ifany. :lnd physical location ofthe stationary source; (3) the name and tdcphone number ofthe person to contact regarding the**~mi~.sion~ report~**  (4) a I.:crtitlcation signedby the owner. oroJX:rator. or a responSible official or designated represenlalive. atlesling that the statements and infonnation contained in the emissions report are true and accurate to the best knowledge and bdidofthe certifying otlicial. and including [he full narne. title. signature, date ofsignature, and telephone number ofthe ccrtifying ollioal; tor sources subjectto 20.11.-1-2 NMAC. the certllication shall be made as required by 20.11.42 NMAC: (5) for each emission point. in the fonnat required by the depanment: (II) stack and exhaustgas parameters and location information; (b) type ofcontrol equipment and estimated 'ontrol efficiency; (c) &:hedule ofoperation; (d) annual procegs or fuel combustion rates; (e) fuel heat, sulfur. and ash content; (0 es(imated actual cmis:oIions inpounds per year oftota! suspended paniculate. PM 10. PM2.5. ammonia. 'Sultur oo'<.ides. nItrogen oxides, carbon monoxide, volatile organic compounds. and lead, including fugitive**emis.~ions** and emissions occurring during maintenance. start-ups.**~hutdo** .....ns. upsets. and dO\\'11tlme; (g) :ipeciated hazardous airpollutants.. ifrequested by the department; and (h) a deSl.:ription oflhe methods utilized to make the estimtites. including ca!cu(J.1ions; (6) for smellers. an annual report ofsulfur input stated in tons per year; and (7) all inlonnation required by -to CFR Part 5L. Subpart A. Emission.i Inventory Rt:porting Requirements. as amended. D. Additional cootent for emission!l reports from**sourc~** in ozooe nonattainment**8reu~.** In addilion to the contents required by Subsection C of20.11.-1-7.14 NMAC. emissions reports from sources located in ozone nonattainnlent areas that emit nitrogen oxides and volatile organic I.:ompounds shall dLso include the tollowing information: (I) typiL'al daily process rate during the peak ozone season, where the peakozone season is**sp~L:ified** by the department; (2) estimated actual emL>;sions ofnitrogen oxides and volatile organic compounds in pounds perday tor a typical day during the peak lJzone season for: (II)**~ach** emissions**point~** and (b) for each process and fuel type contributing to emissions from eachpoint. E. \',,",Jiver ofreporting requirements for insignificant emi!lsion!l. The department may waive the requirements of Paragraph (5) ofSubsection C of20.1 J.47.14 NMAC for emissions that the depanmentdetennines to be insigniticant pursuant to 20. t l.4:!**~MAC. ~xcept** **th~** following shall not be waived: (l) for sources in nonattainment areas. reporting ofemissions ofpollutants for which the area is in nonattainment; and (2)**emi~sions** reporting**r~uired** by [he federal act. F. EmJssioo tracking requirements for sulfur diollide emission inventories. In addition to complying with the re4uirements ofSubsections A through Eof10.11.47.1-1- NMAC. an owner may be subject to 20,11.46 NMAC. SlIlji,rDioxide Emissions Im-'entory RequiJ·emenls; We.\otern B(u°kslop SulfurDlOxide Truding Program. [20. L 1.47.14NMAC

- N. 5/1/08]

# "<l? EXHIBIT 

# I**~b** 

# I ClearDay

Butt, Neal T. From: Sent: To: Subject: 

### Page 1 of2

Amend, Janice C. Tuesday, April 28, 2009 8:04 AM Nieto, Margaret; Butt, Neal T. FW: 20.11.47 NMAC, Emissions Inventory RequirementsStakeholder Letter & Stakeholder Review Draft Follow Up Flag: Follow up Flag Status: Orange


### FYI Thank you, Janice C. Amend Air Quality ControlBoard Liaison Ciry ofAlbuquerque 768·2601



### From: Vernon Hershberger [mailto:hershber@unm.edu] sent: Monday, April 27, 2009 2:29 PM To: Amend, Janice C. Cc: Tavarez, Isreal L. 

### Subject: RE: 20,11.47 NMAC, Emissions Inventory RequirementsStakeholder Letter & Stakeholder Review Draft Hi Janice, I like the "if required bythe department" proposed change from "annual" GHG reporting requirement in 20.11.47 NMAC. At astakeholder meeting on the initial version ofthis regulation, I remember asking ifAQD had a plan to roll out/explain to the regulated community AQD's regulatory intent, AQD's expectation of regulated sources, and answer questions from the regulated community. The answer at that time was "yes, we'll certainly do that".

However, I don't remember seeing any AQD notice for such a roll out meeting since then. Given the scope ofthe GHG reporting regulations, I respectfully request a stakeholder meeting and/or regulation rollout/explanation meeting so AQD can explain the regulatory intent, AQD's expectation of regulated sources, and answer questions from the regulated community regarding GHG reporting. Thx, Vernon Hershberger, LEED AP, CHMM Environmental Health Mgr. UNM, SRS Dept. 505-277-9756


### 9/24/2009

### ClearDay Page 2 of2

From: "Amend, Janice 

## c." [mailto:jamend@cabq.gov] 

### sent: Monday, April 27, 2009 10:24 AM To: <air-quality-announce@lists.cabq.gov> 

### Subject: 20.11.47 NMAC, Emissions Inventory Requirements Stakeholder Letter & Stakeholder Review Draft

PLEASE DO NOT RESPOND DIRECTLY TO THIS LlSTSERVE ANNOUNCEMENT Dear Stakeholders, Please see the attached Stakeholder Letter, and the Stakeholder Review Draft for the above-mentioned regulation. Thankyou, Janice C. Amend AirQuality Control Boardliaison City ofAlbuquerque 768·260J



### 9/24/2009

### Butt, Neal T. From: Sent: To: Cc: Subject:
Follow Up Flag: Flag Status:
Hi Jeff, Vernon Hershberger [hershber@unm.edu] Wednesday, April 29, 2009 11 :15 AM Jeffrey Zumwalt Amend, Janice C.; Butt, Neal T. RE: FW: 20.11.47 NMAC, Emissions Inventory RequirementsStakeholder Letter & Stakeholder Review Draft Follow up Orange

I'm forwarding your comments on the proposed reg changes to the folks at the ABQ Air Quality Division that can respond and/or consider incorporating them. Thx, Vernon Hershberger, LEED AP, CHMM Environmental Health Mgr. UNM, SRS Dept. 505-277-9756

From: Jeffrey Zumwalt Sent: Wednesday, April 29, 2009 10:26 AM To: Hershberger, Vernon Subject: Re: FW: 20.11.47 NMAC, Emissions Inventory Requirements Stakeholder Letter & Stakeholder Review Draft
Hi Vern, I reviewed the drafts and have two comments. The first is that the section for GHG (20.11.47.15.C) is missing the units (lbs per year). The second is that GHG should be simply included as an additional emission in the existing emissions inventory report. Requiring a separate report for a single emission doesn't make sense and would waste time and paper. Language could be added so that those facilities that aren't required to report the GHG could simply leave them out or submit "N/A" in that cell of the report. Regards, Jeff

»> From: Vernon Hershberger To: Jeffrey Zumwalt Date: 4/27/2009 2:31 PM Subject: FW: 20.11.47 NMAC, Emissions Inventory Requirements Stakeholder Letter & Stakeholder Review Draft
Hi Jeff, Friendly FYI since you have been doing GHG emission reports for UNM. Thx, Vernon Hershberger, LEED AP, CHMM Environmental Health Mgr. UNM, SRS Dept. 505-277-9756 From: "Amend, Janice C." [mailto:jamend@cabq.gov] Sent: Monday, April 27, 2009 10:24 AM 1To: <air-quality-announce@lists.cabq.gov> Subject: 20.11.47 NMAC, Emissions Inventory Requirements Stakeholder Letter & Stakeholder Review Draft PLEASE DO NOT RESPOND DIRECTLY TO THIS LISTSERVE ANNOUNCEMENT Dear Stakeholders, Please see the attached Stakeholder Letter, and the Stakeholder Review Draft for the above-mentioned regulation. Thank you/ Janice C. Amend Air Quality Control Board Liaison City of Albuquerque 768-2601

2

### Page I ofI


### Butt, Neal T. From: Amend, Janice C. Sent: Wednesday, April 29, 2009 12:55 PM To: Nieto, Margaret; Butt, Neal T.; Tavarez, Isreal L. Subject: FW: Emissions Inventory Requirements Follow Up Flag: Follow up Flag Status: Orange FYI Thankyou, Janice C. Amend AirQuality Control Board liaison City ofAlbuquerque 768·2601

From: Charles Finegan [mailto:ralleysport454@yahoo.com] 

### sent: Wednesday, April 29, 2009 12:21 PM To: Amend, Janice C. Subject: Emissions Inventory Requirements



### Ireceivedthe letterfrom the city about the proposed changes in the Emissions Inventory Requirements. Ithinkit is a solid ideato go from annually to ifrequiredby the dept. My reasons for this are simple when I do my annual reports it requires alot ofmy time and alotmore ofthe City's time. The Air Quality division was very helpful to mebut itdid take alot ofthe city's personnel time to assistme and make sure itwas done properly. Ithinkthe cost savings wouldbe dramatic to the city in man hours usedbecause I am very confident thatthere are many otherpeoplethatneeded muchmore time and help with theirreports than I did. Any questions pleasefeel free to call me. 

### Charles M. 

### Finegan CEO/Owner Riverside FuneralHome of Albuquerque

9/24/2009

### ClearDay 

### Page I of3 EXHIBIT 

# 3e.
From: Sent: To: Cc: Subject: Tavarez, Isreal L. Monday, June 01, 20094:07 PM 'Vernon Hershberger' Nieto, Margaret; Butt, Neal T.; Amend, Janice C.; Ray, Doug K. RE: 20.11.47 NMAC, Emissions Inventory RequirementsStakeholder Letter & Stakeholder Review Draft Follow Up Flag: Follow up Flag Status: Orange 

### Butt, Neal T.

Mr. Hershberger: Thanks to both you and Mr. Zumwalt for taking the time to review and to provide comments regarding the proposed 20.11.47 NMAC, Emissions Inventory Requirements. The Air Quality Division is responding to your questions and comments you have provided regarding the proposed 20.11.47 NMAC, Emissions Inventory Requirements in your

### 4/27/20092:29 pm email and in your

### 4/29/2009 11 :15 am email. In your

### 4/27/20092:29 pm email you inquired about a stakeholder meeting andlor regulation rollout/explanation meeting. The Air Quality Division would like to offerto either set up a conference call or meeting with you to answer any questions you have regarding the proposed 20.11.47 NMAC, Emission Inventory Requirements. If you are interested in conducting either a conference call or a meeting please provide your availability so that a date and time can be set up. In your

### 4/29/2009 11 :15 am e-mail you provided two comments posed by Mr. Jeffrey Zumwalt. Regarding Mr. Zumwalt's first comment the Air Quality Division will add pounds per yearto Section 20.11.47.15.C. Regarding Mr. Zumwalt's second comment the 20.11.47 NMAC, Emission Inventory Requirements, regulation proVides the emission inventory reporting requirements for both criteria pollutants and for greenhouse gas emissions. These emission inventory requirements are listed separately since greenhouse gas emissions inventory reporting will not be required for all sources. The Air Quality Division will make every effort possible to make the emissions inventory reporting requirements as efficient as possible to eliminate the waste oftime and to eliminate the waste of paper. Thank you again for providing your questions and comments.

************************************************** 

### Isreal L. Tavarez, P.E. Environmental Engineering Manager Air Quality Programs Environmental Health Department City ofAlbuquerque Phone: (505) 768-1965 **************************************************

Q/74/700Q

### ClearDay Page 2 aD

From: Vernon Hershberger [mailto:hershber@unm.edu] 

### Sent: Monday, April 27, 2009 2:29 PM To: Amend, Janice C. Cc: Tavarez, Isreal L. 

### Subject: RE: 20.11.47 NMAC, Emissions Inventory RequirementsStakeholder Letter & Stakeholder Review Draft Hi Janice, I like the "if required by the department" proposed change from "annual" GHG reporting requirement in 20.11.47 NMAC. At astakeholder meeting on the initial version ofthis regulation, I remember asking if AQD had a plan to roll out/explain to the regulated community AQD's regulatory intent, AQD's expectation of regulated sources, and answer questions from the regulated community. The answer at that time was "yes, we'll certainly do that".

However, I don't remember seeing any AQD notice for such a roll out meeting since then. Given the scope of the GHG reporting regulations, I respectfully request a stakeholder meeting and/or regulation rollout/explanation meeting so AQD can explain the regulatory intent, AQD's expectation of regulated sources, and answer questions from the regulated community regarding GHG reporting. Thx, Vernon Hershberger, LEED AP, CHMM Environmental Health Mgr. UNM, SRS Dept. 505-277-9756

From: "Amend, Janice 

## c." [mailto:jamend@cabq.gov] 

### Sent: Monday, April 27, 2009 10:24 AM To: <air-quality-announce@lists.cabq.gov> 

### Subject: 20.11.47 NMAC, Emissions Inventory Requirements Stakeholder Letter & Stakeholder Review Draft

PLEASE DO NOT RESPOND DIRECTLYTO THIS L1STSERVE ANNOUNCEMENT Dear Stakeholders, Please see the attached Stakeholder Letter, and the Stakeholder Review Draftfor the above-mentioned regulation. Thankyou, Janice

## c. Amend AirQuality ComrolBoardLiaison City ofAlbuquerque 768·2601



### 9/24/2009

## ~t>EXHIBIT 

# I 

# Lf=
[Testimony for Hearing to amend 20.11.47 NMAC, Emissions Inventory Requirements]
Good evening, Mr. Hearing Officer, Chairman, and members ofthe Board. My name is Isreal Tavarez and I workin the Air Quality Division. I would like to present for your consideration, proposed amendments to 20.11.47 MNAC, Emissions Inventory Requirements. The amendments to 20.11.47 NMAC, Emissions Inventory Requirements, include clarification to language regarding emissions estimates and reporting requirements. The amendment to the reporting requirements can be found on the bottom ofpage 2 ofthe Public Review Draft dated 6/23/09. The amendment applies to 20.11.47.14.B(l) and changes the reporting requirement from annual1y to ifrequiredby the department. The current language in 20.11.47 NMAC, Emissions Inventory Requirements, requires an emissions inventoryreport for al1 sources ofairpol1ution with air quality permits and air quality registrations. Sources with air quality registrations are very smal1 to smal1 contributors ofair pol1ution such a smal1 wood shops and smal1 backup emergency generators. Approval ofthis amendment will al10w the department to require emission inventoryreports for airpol1ution sources with air qualitypermits, butnotrequire emission inventory reports for air pol1ution sources with air quality registrations. This amendment wil1 al10w the department to focus on the medium and large contributors of air pol1ution which have air quality permits, butnotrequire the smal1 contributors ofair pol1ution which have air quality registrations. However, the amendment does al10w the departmentthe authority to require an emission inventory report from sources with air quality registrations.

### ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD

Chair, Jens Deichmann, County Vice Chair, Dr. MargaretMenache, County Mr. Augustine Gracenl, PE, City Mr. Art Sharpe, City Mr. Jim Brinkman, County Dr. Dona Upson, City Mr. Jack Sullivan, City Louis Pacias, BCPC Liaison Mr. IsrealTavarez, Air QualityDivision, Secretary to the Board Date: October 14,2009 (Wednesday) Location: Time: 5:30 p.m. Vincent E. Griego Chambers Albuquerque-Bernalillo County General inquires regarding this agenda may be directedto JaniceAmend(505) 768-2601 Government Center Ocwright@cabq.gov). 400 Marquette NW AlbuQueraue, NM 

### Hearing In the matterofPetitionto amend 20.11.47 NMAC, EmissionInventoryRequirements 

### and to submitto EPA for inclusion in the SIP RegularMonthlyMeetingDraftAgenda CALLTO ORDER Item #1 

### Item #2 Approval ofAgenda (Chair) Approval ofSeptember9, 2009 Meeting Minutes (Chair) PUBLIC COMMENT ACTION ITEMS Item#3 Decision onmatterofPetition to amend 20.11.47 NMAC, EmissionInventory Requirements 

### and to submitto EPA for inclusion in the SIP REPORTS Division Reports provided in writing. Staffavailable forquestions. Item #4 Monthly Air Qualitywebsiteupdate

- Isreal Tavarez OTHERBUSINESS Item # 

### 5 Item #6
Item #7 NMED Hazardous Waste

- James Bearzi, NMED (perJens Deichmann) AirQualityPermitting Process overview

- IsrealTavarez, AQD Environmental HealthEngineeringManager AirDispersion Modelingpresentation

- JeffStonesifer, EH Scientist, AQD

### ADJOURNMENT NEXT SCHEDULED BOARD MEETING: November 11,2009,5:30p.m. Members ofthe public who wishto address the Board, may do so by signing up withthe Board Clerkand indicating eitherthe agenda itemthey intend to address, orwhetherthey wishto make a generalpublic comment. Sign up must occurprior to the Board's consideration ofeach item. Eachpersonwillbe givenup to two minutes to speak.
UNotice topersons with disabilities: !fyau have a disability andrequire specialassist9!4¥w..participate in this process, please call311 (Voice) andspecialassistance willbe made available to**YOl(./4:t:'~ceiv·e:'Ony** public meeting documents, including agendas andminutes. TTYusers may requestspecialassistf!fiilbycalling 1-BOO-659- 8331. •• 

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# ATTACHMENTE
Copy o/theHearing Transcripts/rom Ru/emakingHearing1 

### 2 3 

### BEFORE THE ALBUQUERQUE

- BERNALILLO COUNTY AIR QUALITY CONTROL BOARD AQCB Petition No. 2009-5 1



### 4 IN THE MATTER OF THE PETITION TO AMEND 20.11.47 NMAC, EMISSIONS INVENTORY REQUIREMENTS, AND 5 SUBMIT AMENDMENTS TO EPA AS A REVISION TO THE STATE IMPLEMENTATION PLAN (SIP) 6 7 8 

### 9 

### 10 11 

### 12 13 HEARING AND MEETING BEFORE THE ALBUQUERQUE-BERNALILLO COUNTY

AIR QUALITY CONTROL BOARD

BE IT REMEMBERED that on the 14th day of 14 October, 2009, this matter came on for hearing before 15 BILL GRANTHAM, Hearing Officer, at the Vincent E. 16 Griego Chambers of the Albuquerque-Bernalillo County 17 Government Center, 400 Marquette Avenue, Northwest, 18 Albuquerque, New Mexico, at the hour of 5:50 19 20 21 22 

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### 24 25 KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 1 APPEARANCES 2 For the Albuquerque-Bernalillo County Air Quality Control Board: 3 

### 2

4 

### 5 6 

### MR. JENS DEICHMANN, Chair DR. MARGARET MENACHE, Vice Chair DR. DONA UPSON, City MR. JACK SULLIVAN, City MR. LOUIS PACIAS, BCPC Liaison
7 The Hearing Officer: 8 MR. BILL GRANTHAM 9 For the City of Albuquerque: 10 MS. ADELIA KEARNY DEPUTY CITY ATTORNEY 11 One Civic Plaza, Northwest Albuquerque, NM 87102 12 (505) 768-4530 akearny@cabq.gov 13 For the Environmental Health Department: 14 15 16 17 18 19 

### 20 21 

### 22 23 24 25 MR. NEAL T. BUTT Environmental Health Department One Civic Plaza, NW Albuquerque, NM 87102 (505) 768-2660 nbutt@cabq.gov

KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 2 ISREAL TAVAREZ I N D E X 

### PAGE 3

3 4 

### 5 6 7 

### Direct Testimony Examination by the Board Monthly Meeting

E X H I BIT S 7 

### 13 35

ADMITTED 8 AQD EXHIBIT: 9 

### 10 11 

### 12 1. 

### 2 . 

### Petition to Amend, 6/23/09 Public Review Draft Showing Proposed

Amendments to 20.11.47 NMAC, Emissions Inventory Requirements 34

34 13 2a/b/c. Public Notices of Hearing 34 14 

### 3a/b/c/d/e. Stakeholder Outreach Information 34 15 16 17 

### 18 19 20 21 22 

### 23 24 25 4 . 5. 

### Tavarez Direct Testimony 10/14/09 Draft Agenda for Air Board 34 34

KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### MR. GRANTHAM: Good evening. We'll go ahead 4



### 2 and get started with the hearing here. 3 

### This public hearing is being held on October 4 14, 2009, in the Vincent E. Griego Chambers of the 5 Albuquerque-Bernalillo County Government Center in 6 

### Albuquerque, New Mexico. The time is 5:50 PM. And we 7 had some delays due to a lack of lighting and heating, 8 but I think we're ready to go now. 9 This is the hearing of the 10 Albuquerque-Bernalillo County Air Quality Control Board 11 to consider the proposal to amend 20.11.47, Emissions 12 Inventory Requirements, and submit the amendment to EPA 13 as an update to the Title V Program. My name is Bill Grantham, and I'm an attorney. 14 15 I advise the Board. I am not a member of the Board. 16 I've been authorized by this Board to conduct the 17 

### hearing. 18 We have a quorum present, consisting of Jens 19 Deichmann, Vice Chair Dr. Margaret Menache, Mr. Jack 20 Sullivan, and Dr. Dona Upson. If any additional members 21 arrive, I will announce that at the time. 22 And anyone who wishes to obtain the transcript 23 of the hearing may order one from the Kathy Townsend 24 court reporting firm. 25 Air Board hearings do not follow the rules of KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 1 

### evidence as used in a court of law. However, it is 5



### 2 important to remember that the Board must make a 3 decision based on sworn testimony and evidence admitted 4 at this hearing and that the sworn testimony will become 5 part of the hearing record. 6 

### After the hearing closes tonight, the Air 7 Board is expected to hold its regular monthly meeting. 8 And as an agenda item at that meeting, the Board is 9 expected to consider whether to adopt the proposal that 10 is the sUbject of this hearing. 11 

### In making its regulations, in accordance with 12 the New Mexico Air Quality Control Act, Section 13 74-2-5(E), the Board shall give weight it deems 14 appropriate to all facts and circumstances, including 15 but not limited to: One, the character and degree of 16 injury to or interference with health, welfare, 17 visibility and property; and, two, the public interest 18 including the social and economic value of the sources 19 and those subject to air contaminants. 20 We'll begin this hearing tonight with the 21 testimony of the proponent, the Air Quality Division of 22 the Albuquerque Environmental Health Department. 23 And after the Division's testimony, because no 24 other parties have entered an appearance, we will 25 proceed to hear public comments from anyone who wishes KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 1 

### to give them. So if you want to testify and you have 6



### 2 not signed up, please do so at this time. You can sign 3 up at the table here with Margaret Nieto. 4 

### If you do wish to give testimony, you will be 5 

### sworn in by the court reporter, and identify yourself 6 

### for the record, including any organization you may 7 

### represent. And after you've testified, the Air Board 8 members and myself may question the witness. 9 

### After we've had an opportunity to do so, I'll 10 

### allow anyone in the audience to ask questions of that 11 

### witness, but the questions must be related to the 12 

### testimony the witness has just given. And if necessary, 13 

### I will limit testimony that is irrelevant or repeats 14 

### testimony already given and rule on whether evidence or 15 

### exhibits may be admitted into the record and on any 16 

### motions or objections made. 17 

### So before we start, if there is anybody who 18 

### wants to give testimony, please sign up at the front 19 

### desk and at the front table here. And please sign in on 20 

### the attendance sheet at the back at some point whether 21 

### or not you do give testimony. 

### 22 With that, is the Air Quality Division ready 23 

### to proceed with their testimony? 24 25 

### MR. TAVAREZ: Yes, Mr. Hearing Officer.

KATHY TOWNSEND COURT REPORTERS 110 

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### 2 3 

### 4 ISREAL TAVAREZ after having been first duly sworn under oath,
was questioned and testified as follows: DIRECT TESTIMONY 7

5 

### MR. TAVAREZ: Good evening, Mr. Hearing 6 Officer, Chairman and Members of the Board, my name is 7 Isreal Tavarez. I work in the Air Quality Division. 

### 8 I would like to present for your consideration 9 proposed amendments to 20.11.47 NMAC, Emissions 10 Inventory Requirements. 11 The amendments to 20.11.47 NMAC, Emissions 12 Inventory Requirements, include clarification to 13 language regarding emissions estimates and reporting 14 requirements. The amendment to the reporting 15 requirements can be found at the bottom of page 2 of the 16 Public Review Draft dated 6/23/09. 17 The amendment applies to 20.11.47.14.B(1) and 18 changes the reporting requirement from annually to if 19 required by the Department. The current language in 20 20.11.47 NMAC, Emissions Inventory Requirements, 21 requires an emissions inventory report for all sources 22 of air pollution with air quality permits and air 23 quality registrations. Sources with air quality 24 registrations are very small to small contributors of 25 air pollution such as small wood shops and small backup KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 8 

### 1 emergency generators. 2 

### Approval of this amendment will allow the 3 

### Department to require emission inventory reports for air 

### 4 pollution sources with air quality permits, but not 5 

### require emission inventory reports for air pollution 6 

### sources with air quality registrations. This amendment 7 will allow the department to focus on the medium to 8 large contributors of air pollution which have air 

### 9 quality permits, but not require the small contributors 10 

### of air pollution which have air quality registrations. 11 

### However, the amendment does allow the 12 

### department the authority to require an emission inventory 13 

### report from sources with air quality registrations, if 14 

### the department deems that would be necessary. 15 

### I'd like to also read into the record, for the 16 

### Air Quality Division, Chairman Deichmann received an 17 

### e-mail from a Ms. Patty Grice, who is president of the 18 

### Mountain View Neighborhood Association. She had a few 19 questions in the e-mail that I'd like to get included 20 

### into the record. And then, if I may, Mr. Hearing 21 

### Officer, go ahead and provide a response and I think 22 

### that will help clarify some questions that the A.ir Board 23 

### Officers may also have. 24 

### The first point that Ms. Grice makes with 25 

### regards to the proposed regulations is, and I'll quote, KATHY TOWNSEND COURT REPORTERS 110 

### Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 1 "I 

### think it needs to be more clearly defined as to who 2 

### has to report, how often, how this is tracked, and what 

### 3 happens if they don't comply." 9

4 

### The regulation requires annual reporting. In 5 

### addition to the regulation, the mechanism that the Air 

### 6 Quality Division currently utilizes to require that 7 annual emission inventory reporting for permitted 8 sources is actually a provision and requirement of the 9 

### air quality permit. So that has been a standard 10 

### practice for a number of years within the Air Quality 11 

### Division. 12 

### So I 

### guess to more clearly define who has to 13 

### report, basically, it's any of the businesses that have 14 

### an air quality permit. Again, these are typically our 15 

### medium to larger contributors to air pollution with 16 

### respect to stationary sources. 17 18 

### annually. Now, how often they report, again, is Not only is that carved by a regulation that 19 we're proposing to change in these proposed amendments, 20 

### but those requirements are also echoed back into the air 21 

### quality permit. How does this track? Basically, as we receive 22 23 

### them, they are logged in. As we get emissions inventory 24 

### reports from the company, we compile those, and those 25 

### are used for various purposes. Sometimes they're used KATHY TOWNSEND COURT REPORTERS 110 

### Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 10 1 as a quick compliance check against the permit limits; 

### 2 sometimes they're used to help us develop federally 

### 3 required emissions inventory reports. These are 

### 4 required on a periodical basis, typically by pollutants 5 

### of carbon monoxide emissions inventory, you know, a 6 

### particular emissions inventory and so forth. So it's 7 centered around our criteria of pollutants. 8 

### Basically, what happens if they don't comply, 

### 9 since it is a requirement under the regulation, it's a 10 permitted source and it's also required under the 11 permit, if an inspector goes in there they have to 12 

### produce their emissions inventory report. They would 13 

### include in that any deficiencies that they identified. 14 

### Depending on the severity of the deficiencies, it could 15 

### turn into a notice of violation, which typically 16 

### penalties are assessed for that violation. 17 18 

### defined. So I think that is more clear how it's I think it does exist in the regulation book. 19 We also again reemphasize those requirements when we 20 

### issue a business or an agency an air quality permit. 21 

### More often, they're required by both the regulation and

And then as to how it is tracked, basically, 

### 22 23 

### their quality permits. It's an annual requirement.

24 

### we receive the reports, and then, as I said, it depends 25 

### on their use for various purposes. Sometimes it's a KATHY TOWNSEND COURT REPORTERS 110 

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### 1 compliance check and sometimes to compile our EPA -- our 2 

### Environmental Protection Agency mandated emission 3 

### inventory report. 4 

### If they don't comply, basically, that could 5 

### potentially result in that company or agency being 6 

### issued a violation. 7 

### The next point that Ms. Grice makes is, and 8 

### I'll just read directly from her e-mail, "Clearly, I 

### 9 think anyone with a permit should report actual 10 

### emissions and not guesstimated emissions." 11 

### We agree with Ms. Grice's assessment, and 12 

### that's how we currently run the program. We require 13 

### not only on the regulation, but we also require the 14 

### provision in the air quality permit issued to the 15 

### company or agency. 16 

### She brings up one more point. It's somewhat 17 

### related to this hearing, but I'll quote from her e-mail. 18 

### "I still have no idea how to get the emission inventory 19 list from Air Quality. What do we need to ask for 20 

### specifically?" 21 

### The typical process, if anyone from the public 22 

### wants records or information, is to submit a public 23 

### information request. Usually, with something like that, 24 

### we'll be more than happy to sit down with Ms. Grice and 25 

### guide her. Sometimes it's kind of hard, because KATHY TOWNSEND COURT REPORTERS 110 

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### 12 1 individuals don't always necessarily know the 2 

### terminology. They have an idea what they may want to 3 

### ask for, but they may not know the terms or the phrases 4 

### that are typically used. So we'll be more than happy to 5 

### sit down with Ms. Grice. 6 

### We don't necessarily keep a formal list, but 7 there is a formal part of our emissions inventory report 8 submittals that are provided to the Environmental 9 

### Protection Agency, and we can point her to those, and 10 

### then we can let her know what we have available within 

### 11 our program. I'll respond to Ms. Grice's part of this 

### 12 13 

### record and offer that up. I'll sit down with her and we 14 

### can walk her through what she's trying to achieve. 15 

### Part of the challenge that we've run into with 16 

### the emission inventory list, especially for the 17 

### submittals that we provide to the Environmental 18 

### Protection Agency, community leaders such as Ms. Grice 19 typically want to understand what is going on in their 20 

### community. The emission inventory reports and data 

### 21 information that we provide and submit to the 22 

### Environmental Protection Agency is county-wide. 23 

### So we typically don't pick out, you know, this 24 

### half of the county or this portion of the county, it's 25 

### county-wide. The main reason being, with emissions KATHY TOWNSEND COURT REPORTERS 110 

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### 13
1 inventories, is some of the emission estimates are 2 population based. There is some other different 

### 3 methodologies to try to capture some of the smaller 4 

### sources. 5 

### One of the main reasons the Division is 

### 6 proposing this is we really want to have this change 7 made so we can focus our efforts on the permitted 8 sources and not really try to chase those last few 

### 9 pounds of emissions that typically the rest of the 10 

### sources will emit. We can capture most of those 11 activities through some other mechanisms rather than 12 

### getting a direct report from a business or an agency. 13 14 

### questions. I stand for questions, if anyone has any

15 

### What I provided was a response to Ms. Grice's 16 

### concerns. 17 

### MR. GRANTHAM: Thank you, Mr. Tavarez. 18 

### Are there questions from the Board. 19 Chairman Deichmann. 20 

### EXAMINATION 21 

### BY THE BOARD: 22 23 

### Officer. MR. DEICHMANN: Thank you, Mr. Hearing

24 

### Mr. Tavarez, thank you for your presentation. 25 

### Could you just clarify for us exactly what the KATHY TOWNSEND COURT REPORTERS 110 

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### Air Quality Control Act requires? What are the base 14

2 

### requirements of the Act vis-a-vis what the regulations 3 are now, and what is going to change? I speak somewhat from memory, 4 

### 5 

### MR. TAVAREZ: but if I slip up, I think Ms. Kearny can help me. But 6 

### in a broad sense, I'll answer this more from a 7 

### problematic standpoint than from a legal standpoint. As 8 air quality managers, one of the powerful tools that we 9 

### have available to us is emissions inventory. 10 

### Essentially, the inventory is really emissions 11 accounting that helps us understand really what are the 12 

### contributors of air pollution in your jurisdiction, your 13 

### regional area. What that tool allows us to do is, as we 14 start bumping up or getting closer to the federal 15 

### ambient standards, we can start taking a close look at 16 

### where can we most put our effort to. 17 

### If particular pollutants are our concern, as 18 

### an example, by having that accounting of what your 19 

### contributors of pollution are, you can determine, oh, 20 

### these are the bigger hitters and they all seem to be in 21 

### this industrial type, so maybe we need to write a 22 

### regulation to address that gravel, rock-crushing gravel 23 

### operation, or those types of operations. 24 

### If that's where we see most of the 25 

### contributors are, we might be able to create a local

-- KATHY TOWNSEND COURT REPORTERS 110 

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### 15 1 we have the ability to propose a local regulation that 2 

### might tighten down some standards and minimize the 3 

### pollution from those activities, or at least reduce the 4 

### pollution, and propose that to the Air Board. That's 5 

### just one of the tools that we will utilize as air 

### 6 quality managers. 7 So the monitoring tells us kind of where we're 8 

### at, and the emission inventory tells us what are the 

### 9 contributing factors to the pollution that we're 10 

### measuring. It also develops what we call control 11 strategies or approaches to either minimize or reduce 12 

### the pollution for that particular pollutant from those 13 

### type of activities. 14 

### I guess in a broad sense, you know, we're 15 tasked through the Air Board to be the air quality 16 

### managers for Albuquerque-Bernalillo County. 17 

### I think Ms. 

### Kearny has some more details both 18 

### from a legal perspective to answer your questions and 19 from a programmatic perspective. 

### MR. DEICHMANN: 20 21 

### MS. KEARNY: Thank you. 

### Mr. Chairman, Members of the 22 

### Board, the State Air Quality Control Act at Section 5.1, 

### 23 

### which addresses the duties and power of the local 24 

### agency, has a general charter about developing facts and 25 

### making investigations and studies, but the requirement KATHY TOWNSEND COURT REPORTERS 110 

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### 16 1 to impose or obtain and report emissions inventory is in 2 the Code of Federal Regulations -- I didn't expect to 3 speak tonight -- but it is detailed in federal law not 4 in the state Air Quality Control Act. But, of course, we 5 have to comply with both. 6 

### MR. DEICHMANN: Mr. Hearing Officer, 7 Ms. Kearny, what I'm 

### trying to understand, then, is so 8 what are the requirements, whether it's CFR or the Air 9 Quality Control Act, that we have to meet? 10 So if we're proposing to change the reporting 11 requirements, I just would like to hear that we're not 12 reducing the reporting requirements below the statutory 13 requirements. 14 MS. KEARNY: Mr. Chairman and the Members of 15 the Board, I was not involved in developing this 16 regulation at all, but the standard process -- and 17 perhaps Mr. Butt could speak to this -- is to submit 18 proposed changes to the EPA before the proposal goes to 19 hearing before the Board, unless it's a reg that the EPA 20 doesn't require and doesn't care about, say I don't 21 know, I'm just guessing, but maybe an open reg or 22 something like that, that is in addition to the 23 requirements of federal law. 24 But I don't have an answer to that question. 25 As I said, I wasn't involved in the development of this KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### reg. I was just trying to answer your specific first 17



### 2 question. 3 

### MR. DEICHMANN: Thank you. 4 

### 5 6 7 

### (Oath administered to Mr. Butt.) MR. BUTT: Neal Butt, Air Quality. I'm sorry, what was your question? MS. KEARNY: About whether the EPA approved 8 this or knew about it. 9 

### 10 question. MR. DEICHMANN: I'd like just to restate the

11 I would like to know, what are the 12 requirements of either the federal law or the state law 13 for reporting requirements, so that I know and the Board 14 knows that we're not reducing the reporting requirements 15 below the statutory requirement. 16 MR. BUTT: Right. 17 As Ms. Kearny stated, we provide all of our 18 proposed rules to go before you to the EPA except for 19 the ones that are local, like the A(l) and A(2) are 20 rules just for how you do things and they're not 21 necessarily interested in how you do things, and like 22 SOPs, adjudicatory procedures and rule-making 23 24 procedures. business. That's more to guide how you do your The rules that I send to EPA are more ones 25 that the EPA reviews both when I write them, and in this KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 18
1 

### case I sent to them and they didn't provide any comments 2 back. 3 And then on other rules where they do provide 4 comments, we try to incorporate them, and then 5 eventually once you adopt the amendments and I provide 6 them to the EPA and they have time to review them, then 7 they'll approve them in the Federal Register, which 8 eventually goes into the federal regs. 9 

### So the point that Ms. Kearny is trying to make 10 is that if it's housekeeping or internal rules, like for 11 

### you -- I mean, what I want to say is the reason why we 12 send those to Dallas is because if we can't do our job 13 for some reason, then EPA Region 6 can step in and 14 enforce all the rules that are on the federal books in 15 Region 6. There are certain rules that would make no 16 sense for them to step in, like your adjudicatory 17 procedures and your rule-making procedures and things 18 that don't affect us locally would make no sense. 19 But things like inventory emissions, like 20 we're talking about tonight, would make sense because we 21 

### like to have the sources comply with this rule. The 22 last time you adopted it, we provided it to the EPA and 23 they are still reviewing it and they haven't approved it 24 in the federal rule yet. 25 And then there is the administrative KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 19 

### 1 amendments we are proposing tonight that were provided 

### 2 3 

### to them. comment. They reviewed it, and they provided no And so, in my opinion, if there was a 

### 4 relaxation of the SIP, they would have commented. 5 

### They're not shy about commenting when we're doing 

### 6 anything that comes even close to relaxing the SIP. 7 

### I've received no comments from them, so I'm sort of ipso 8 facto that they agree with our changes. 9 MR. GRANTHAM: If I could ask a follow-up 10 question to maybe clarify. 11 

### Mr. Butt, or other members of the panel, to 12 your knowledge, is there anything under the Air Quality 13 Control Act or federal regulations that would require 14 annual emission reporting by registered sources as 15 opposed to permitted sources? 16 MR. TAVAREZ: Mr. Hearing Officer, I was 17 consulting with one of our colleagues. 18 Would you mind repeating the question, sir? 19 

### MR. GRANTHAM: Sure. 20 The question is, is there anything in state or 21 federal law that would require annual reporting of 

### 22 emissions by registered sources as opposed to permanent 23 sources? 24 MR. TAVAREZ: No, Mr. Hearing Officer, there 25 is not any requirement, either at the federal level or KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 20 1 at the state level, for registered sources. 2 MR. GRANTHAM: And that's due to the emissions 3 test threshold? 4 

### MR. TAVAREZ: Yes, Mr. Hearing Officer. 5 Mr. Chair, Members of the Board, I think if I understand 6 the question that Chairman Deichmann is getting at is if 7 we want to compare the thresholds at the federal level 8 to the thresholds that we have -- the thresholds that we 9 currently have in the regulation, both the current 10 emissions inventory regulation and the proposed 11 regulation is actually more stringent than the federal 12 requirements because the thresholds in the federal 13 emission inventory requirements are very high. 14 15 V. I mean, they're basically what we call Title We were just pulling up the Federal Register notice 16 for that figure requirement, and it's greater than 250 17 tons per year, greater than 100 tons per year. 18 Fortunately, for Albuquerque-Bernalillo County, we only 19 have about eight, nine -- about nine sources that are at 20 that level. 21 So, you know, that's really what -- you know, 22 at the federal level, that's what they're concerned 23 about. But as an air quality management tool, we want 24 to get down to a little bit more, you know, finer detail 25 and understand what the contributors to pollution are, KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 1 from a stationary standpoint anyway, so we can make the 2 

### decision for the recommendations to their Air Board with 3 

### regards on how to address those different contributors 

### 4 to the particular pollutant concern.
Chairman Deichmann? 5 6 7 

### 8 

### Officer. MR. GRANTHAM:

MR. DEICHMANN: Thank you.
Thank you, Mr. Hearing

9 

### Mr. Tavarez, just for my further clarification 10 

### so I fully understand. 11 

### So under federal law, the federal rules, there 12 

### is no requirement for registered sources to report 13 

### emissions; is that correct? 14 

### MR. TAVAREZ: Mr. Hearing Officer, 15 

### Mr. Chairman, Members of the Board, that's correct. 16 

### MR. DEICHMANN: Okay. And so what we're 17 

### talking about tonight, then, is removing requirements 18 

### but not necessarily the discretion to impose that 19 

### requirement on registered sources? 20 

### MR. TAVAREZ: Well, what happened was, as we 21 

### started applying the regulation, staff identified that 22 

### inadvertently we had mandated that now-registered 23 

### sources would have to be submitting annual emission 24 

### inventory reports, and that was not necessarily our 25 

### intent. KATHY TOWNSEND COURT REPORTERS 110 

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### But once that concern was raised by staff and 

### 22

2 we discussed the concerns internally, we also felt that 3 there might be some circumstances where, you know, 4 

### registered sources -- a particular type of registered 5 

### sources, a class of registered sources, it would be 

### 6 beneficial for us to at least require an emissions 7 

### inventory. 8 

### Well, again, the way we have made the change, 9 

### it wouldn't necessarily be an annual requirement. But 10 

### let's say we want to target wood furniture manufacturing 11 

### as an example as a category. Well, if the proposed 12 

### regulation amendment, as written, is approved by the 13 

### Board tonight, we would have the discretion to go out 14 

### and require maybe a one-time -- we wouldn't see the need 15

-- 

### and, frankly, we just don't have the resources to 16 

### necessarily require an annual emissions inventory from 17 

### all registered sources or even a class of them. 18 

### 19 

### emissions. But let's say we're concerned about particular We identify that wood furniture 20 

### manufacturers, as a class, was a major contributor and 21 

### we wanted to get a better idea of how much they were 22 contributing, we would send out basically a survey, a 23 

### questionnaire, to all the wood furniture manufacturers, 24 

### get that information back. 25 

### If the regulation with the amendment is KATHY TOWNSEND COURT REPORTERS 110 

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### 23
1 

### approved by the Board, we would have that discretion. 2 We don't anticipate using it on a frequent basis, but we 3 

### would have the ability to be able to use that if the 4 

### need arose. 5 

### MR. DEICHMANN: Okay. So let me just try, you 

### 6 know, a potential future scenario to test my 7 

### understanding. 8 

### If, for example, in the way future under this 

### 9 proposed change the Division had that discretion and it 10 

### turned out to be a problem, and I don't know what that 11 

### problem would like look, but the Division, under its 12 

### administration chose, not to respond to citizen concerns 13 

### or whatever, do the citizens have any kind of an avenue 14 

### back to the Board to make changes or force the Division 15 

### to reassess that? 16 

### MR. TAVAREZ: I guess there are two avenues 17 

### that come to mind. 18 

### One is an avenue, I think, that we've seen 19 used pretty effectively by members of the public is to 20 

### come and just address the Board during public comment 21 

### with regards to their concerns. 22 

### Then I guess the other avenue is the way that 23 

### the regulation be proposed and the way that the language 24 

### is written to be able to propose a regulation under the 25 

### state statute. KATHY TOWNSEND COURT REPORTERS 110 

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### Our government regulation is anyone can 24

2 

### propose a regulation. I mean, if you had a group that 3 had an idea for a regulation, they could draft that up 4 

### and present that to the Air Board for their 5 

### consideration. 6 

### But those are the two avenues -- there might 7 be some others, but those are the two that come to mind.

Another question then. 8 

### 9 

### MR. DEICHMANN: Thank you.

10 

### We've dealt with the registered sources. On 11 

### the permitted sources that have low amounts of 12 

### emissions, does this new discretion apply to them also? 

### 13 MR. TAVAREZ: I guess it does. But like I 14 

### think I shared during addressing Mrs. Grice's concerns 15 

### and comments, as a standard practice, if a business or 16 

### an agency is issued an air qua li ty permi t, there is an 17 

### annual emission inventory requirement written into their 18 

### permit, and if they don't follow that permit, then they 19 open themselves up to potential compliance and violation 20 

### issues.

But what I was trying to clarify, since you 21 

### 22 

### MR. DEICHMANN: I understand that.

23 

### were trying to address it, and as my reading of the 24 

### proposed changes would suggest, that you might have 25 

### discretion in reducing the amount or reducing the KATHY TOWNSEND COURT REPORTERS 110 

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### 25 1 frequency of emission reporting for small permitted 2 sources; is that correct? 3 

### MR. TAVAREZ: Yes, that is correct. But that 4 was not in our discussions. 5 

### In making the proposed changes to the 6 regulation, we didn't discuss that particular scenario. 7 

### But I think I see us still standing by as an agency. If 8 you're a permitted source, we'll still require an annual 9 emissions inventory report. 10 MR. DEICHMANN': Okay. Thank you. That helps. 11 

### I think one more question. This goes to page 12 5 of the proposed changes. It refers to 13 Section 20.11047.15(C), Content of Greenhouse Gas 14 Emissions Report, on line 32. 15 I don't know if it's a syntax problem that I 16 have with it, but it reads, going into line 32, "The 17 actual emissions estimate of greenhouse gases in pounds 18 per year, including fugitive emissions and emissions 19 occurring during maintenance." 20 So are we still talking greenhouse gases in 21 the context of ·fugitive emissions? 22 That's the way that reads to me, but I don't 23 know if that's the intent. 24 MR. TAVAREZ: I agree with your assessment, 25 and I think it does read that way. I think the intent KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### was just to be all-inclusive. I'm not sure how much 26



### 2 

### work has been done with regards to greenhouse gases 3 emissions that are fugitive, to be honest with you. 4 

### Probably, I'd have to look a little closer to 5 

### the regulations, but my guess is that we were just 

### 6 following the format that was applied to the emission 7 inventory compliance for criteria pollutants. 8 

### MR. DEICHMANN: So in the context that I'm 9 

### reading, is you would have greenhouse gases as a point 10 

### source and then you would have greenhouse gases as a 11 

### fugitive emission, but I don't know if that's correct or 12 

### not, but that's the way it seems to read. 13 

### MR. TAVAREZ: Yeah. One area might have 14 

### fugitive emission, and under the more common rule is the 15 

### volatile and organic compound chemical plants where you 16 

### have a lot of piping and you're moving around different 17 

### gases and chemicals. I guess, theoretically, if you 18 

### have an exhaust maybe and piping, then you could have 19 

### fugitive emissions. 20 

### I think the more important part of that is 21 

### that latter part of that statement, and this has been a 22 

### big focus from the Environmental Protection Agency, is 23 

### really capturing the true emissions counting from the 24 

### source especially during the maintenance startups and 25 

### shutdown and upset scenarios. KATHY TOWNSEND COURT REPORTERS 110 

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### MR. DEICHMANN: 27 Well, could you take a look at 2 that with the staff and just see if you could clarify it 3 and make sure it's saying what you want it to say? 4 

### 5 

### MR. TAVAREZ: We will. MR. DEICHMANN: Thank you. 6 7 

### MR. TAVAREZ: MR. GRANTHAM: Thank you, Mr. Chairman. Other questions from other 8 members of the Board? 9 Dr. Menache. 10 DR. MENACHE: Thank you, Mr. Hearing Officer. 11 

### Mr. Tavarez, I think I want to follow up with 12 some of the comments by Chairman Deichmann. 13 In terms of this distinction between the 14 registration and the permitted sources, your language 15 and your testimony and your language in the New Mexico 16 Register make it very clear that the changes should 17 

### apply only to registered sources, not to permitted 18 sources, and yet the language in Section B (1) refers to 19 both of those. So that's on page 3 and lines 51 and 52. 20 Because there it just says, "A source that 21 meets requirements under Subsection A." And essentially 22 what we're discussing isn't just Subsection A, it's 23 A(2), who are the registrations rather than the permits. 24 So I thought of a couple of ways to change 25 that. The easiest one is simply to change and I know KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 28 1 I can't say this right now -- but the easiest way to 2 change it is

-- so I'm just going to say it and then you 3 guys can tell me when I'm supposed to say it, but I 4 guess it would be an amendment that the source meets the 5 requirement under Subsection A(2), and then it clarifies 6 that those are the only ones who are at the request.

I agree with that, because that captures the 7 8 amendment. MR. TAVAREZ: That seems like a reasonable

9 essence of the amendments. 10 11 12 DR. MENACHE: MR. TAVAREZ: DR. MENACHE: What this discussion is about. Yes. And then I have just a question. 13 I think in some ways it goes back to Ms. Grice's 14 question about what she called guesstimates. I think 15 one of the issues is that actual -- the definition of 16 actual emissions includes quantified emissions based on 17 other information which is an actual emission estimate. 18 I just wanted to sort of say that I think 19 that's where some of that confusion comes, that it 20 really looks a lot like if you're not taking an actual 21 staff measurement or a monitor measurement that it is

I think that's it. So just a comment to that effect. 22 23 24 25 somehow estimated.

MR. GRANTHAM: MR. SULLIVAN: Thank you. Yes, Mr. Sullivan. Well, as the Doctor mentioned, KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 29 

### 1 that if we do put that in Reporting Requirements, and we 2 just make it apply to Subsection A(2), do we lose the 3 requirement for the annual -- the other reporting 4 requirements, which include the annual reporting 5 requirements for the permitted type? 6 

### Now, in paragraph 5 of the same section on 7 page 4, it says, "Sources required by a permit to submit 8 an annual emissions report on a specific date shall 9 submit the report on a specified date." 10 Does that cover it enough? I'm afraid that if 11 you just put Subsection A(2) in there, we lose the fact 12 that there is a reporting requirement. 13 14 15 DR. MENACHE: MR. GRANTHAM: DR. MENACHE: May I say something? Yes, Dr. Menache. I actually had sort of thought 16 about that, but I thought I'd try to see if we could do 17 the simple one first. It's just really to add the 18 number -- I mean, it makes a few more changes in the 19 

### section and it changes the numbering some. There would 20 be two parts. One would be as it reads now, except that 21 would be for a source that meets the requirements under 22 Subsection A(l) shall submit an emissions report 23 annually. 24 And then the new number two would be a source 25 that meets the requirements under Subsection A(2) shall KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 1 

### submit emissions report if required. So it just 30



### 2 

### clarifies that. 

### 3 MR. GRANTHAM: Mr. Tavarez, did you have a 4 comment on that? 5 

### MR. TAVAREZ: No. I 

### think that approach makes 6 

### sense. And it does, I 

### think, make it a little bit 7 

### clearer to follow that one type of source, which is the 8 

### permit source, it's basically mandatory on an annual 9 

### basis through the regulation. Then for registered 10 

### sources, it could be required by the Department, but not 11 

### necessarily required on an annual basis. 12 

### MR. GRANTHAM: Are there any other questions 13 

### from the Board? 14 I 

### had a question or two. 15 

### On page 5 

### and in Section 15 

### (C), the change 16 

### from estimated actual emissions to actual emissions 17 

### estimate, would you consider that a stylistic change or 18 

### is that intended to be a substantive change? I'm 

### 19 

### thinking about Ms. Grice's comment about emissions 20 

### should be actual and not estimates. 21 

### MR. TAVAREZ: I 

### think the intent was to add 22 

### some clarification because -- and I 

### guess to address 23 

### both Ms. Grice's comment and Dr. Menache's comment, I 

### 24 

### think there needs to be a little bit of clarification of 25 

### on exactly how the emission inventories are developed. KATHY TOWNSEND COURT REPORTERS 110 

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### Typically, for at least a permitted source, 31

2 

### there are some primary indicators of how that activity 3 

### or how that facility is operating. Some of the more 4 common primary indicators are production rate, you know, 5 

### if it's a manufacturing type of process as an example, 6 

### or, you know, if they're burning a type of fuel, the 7 amount of fuel that they burn on an annual basis. 8 

### Those emissions that we evaluate during the 9 

### permit review process, they have to have supportable 10 

### approaches, methodologies, that they're using. So using 11 one of the more straightforward examples, if you have a 12 

### boiler and it burns an X 

### amount of fuel, you know, 13 typically per hour, then you can work an annual number 14 

### up. There is either manufacturers' data, and that 15 

### usually refers to the manufacturer going out and testing 16 

### it, or there can be some actual test data for that type 17 

### of boiler at another location or even within our 18 

### jurisdiction. One of the fallbacks is there are 19 emission factors that are created by the Environmental
doing actual testing. 20 21 

### Protection Agency. Typically, those are created by So they'll do the measurement and 22 

### they'll do different scenarios and they come up with the 23 

### emission factors. 24 

### So I 

### can understand Ms. Grice's perception 25 

### that it is an estimate, but I 

### guess one of the KATHY TOWNSEND COURT REPORTERS 110 

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### 32
1 advantages that I see over getting an emissions 2 

### inventory versus showing what the permitted level is, at 

### 3 least you're taking some real-world data, so to speak, 4 

### information. You're applying that to the emissions 5 

### methodology and calculations, and I 

### think you're getting 

### 6 closer to what is actually being emitted versus just 7 

### saying well, and I 

### know that some of the information 8 that we have available and data that we provide to 9 

### individuals in communities, such as Mountain View, and 10 one of their, I guess, complaints has been with regards 11 

### to the data that we provide them. We provide them with 12 the permit levels, but that's not necessarily what may 13 have actually occurred in their neighborhood. 14 So the emissions inventory is getting us 15 closer there. Obviously, the ideal scenario would be to 16 have either continuous emission monitors or some kind of 17 frequent monthly or quarterly type of testing, but 18 that's just not always economically feasible to be able 19 to do that level of testing. So it turns out to end up 20 being somewhat of a compromise. But I 

### think it does get 21 us closer to getting an understanding of what actually 

### 22 is going on within the air, at least as far as pollution 

### 23 contributors from stationary sources anyway. 24 MR. GRANTHAM: Okay. Thank you. 25 One more question. KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### Other than conditions and permits, how would 33

2 

### the Department require other sources to submit emissions 3 estimates? What would the mechanism be? 4 

### MR. TAVAREZ: The mechanism would be us 5 sending out a survey to ask a business or an agency to 6 

### complete the survey. Typically, it's going to be the 7 information about how much fuel they're using, how much 8 

### product they produce, that type of information, so we 

### 9 can be able to work up an emissions estimate or an 10 

### emission inventory for that particular business or 11 

### agency. 12 

### MR. GRANTHAM: And in that survey, you could 13 

### cite your authority and indicate that it is mandatory 14 

### that they 15 

### MR. TAVAREZ: Yes, that's the process we would 16 17 

### utilize. That's correct. MR. GRANTHAM: Thank you. 18 

### I have no more questions. 19 Is there any additional questions from the 20 

### Board? 21 22 

### audience? Are there questions from anybody in the

23 24 

### testify? Okay. Do we have anybody who is signed up to

25 

### There being no participants wishing to give KATHY TOWNSEND COURT REPORTERS 110 

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### 34 

### 1 testimony, is there any objection from the Board to 2 

### close the hearing at this point? 3 4 

### MR. DEICHMANN: None. MR. GRANTHAM: Hearing none, the

-- 5 

### MR. TAVAREZ: Mr. Hearing Officer, if I may, 6 may I respectfully request to move the exhibits into the 7 

### record, please? 8 

### MR. GRANTHAM: Any objections? 9 

### Those would be the exhibits previously 10 

### provided in your notice of intent, Exhibits 1 

### through 11 5? 

### 12 

### MR. TAVAREZ: Yes, Mr. Hearing Officer, that 13 

### is correct. MR. GRANTHAM: Any objections?
(AQD Exhibit 

### 1 through 

### 5 admitted.) Hearing none, the exhibits are admitted. 14 

### 15 16 17 

### MR. GRANTHAM: Assuming there are still no 18 

### objections to closing the hearing, the hearing is 19 

### adjourned at 6:35 

### PM. 20 

### Thank you. 21 

### (Hearing concluded at 6:35 

### PM.) 22 23 24 25 

### KATHY TOWNSEND COURT REPORTERS 110 

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### 1 

### MONTHLY MEETING CONVENED AT 6:35 PM 35

2 

### MR. DEICHMANN: Good evening. 3 We will convene this meeting of the 

### 4 Albuquerque-Bernalillo County Air Quality Control Board. 5 It is 6:35 PM. 6 

### Our first item of business is the approval of 7 

### the agenda. 8 

### 9 agenda? Has everyone had the opportunity to review the

10 Any proposed changes, additions? 11 

### So we move to approve? 12 13 DR. UPSON: So moved. DR. MENACHE: Second. 14 MR. DEICHMANN: Motion by Member Upson, second 15 by Member Menache. 16 17 

### All in favor say "aye." (Vote taken.) 18 MR. DEICHMANN: Motion passes unanimously. 19 We have approval of the September 9, 2009, 20 meeting minutes. 21 22 

### them? 23 24 Has everyone had an opportunity to review
Any proposed changes, corrections, additions? Is there a motion to approve? 25 MR. SULLIVAN: I move. KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 2 approve. MR. DEICHMANN: A motion by Mr. Sullivan to 36

3 Is there a second? 4 

### DR. UPSON: Second. 5 6 7 

### MR. DEICHMANN: Second by Member Upson. All in favor say "aye." (Vote taken.) 8 

### MR. DEICHMANN: Opposed? 9 

### 10 11 

### Motion passes unanimously. Has anyone signed up for pUblic comment? Anyone who hasn't signed up and would like to? 12 Okay. Item number 3 

### is a decision on the 13 matter of the petition that we just heard. 14 What I will, I guess, propose to do is read 15 the resolution as we have as a motion and then we can 16 have a discussion to the amendments that we want to 17 propose. 18 So I move adoption of Resolution Number 2009-7 19 adopting amendments to the Albuquerque-Bernalillo Air 20 Quality Control Board Regulations 20.11.47 NMAC, 21 Emissions Inventory Requirements, and submitting the 

### 22 amended regulations to EPA as a revision to the SIP. 23 Whereas, the New Mexico Air Quality Control 24 Act, NMSA 74-2-5, requires the Albuquerque-Bernalillo 25 County Air Quality Control Board, otherwise known as the KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 37 1 Air Board, to adopt, promulgate, publish, amend and 2 repeal regulations consistent with the Air Quality 3 Control Act to attain and maintain national ambient air 4 quality standards and prevent or abate air pollution, 5 including regulations prescribing air standards within 6 Bernalillo County, and to meet requirements of the 7 United States Clean Air Act, the City of Albuquerque and 8 Bernalillo County Joint Air Quality Control Board 9 Ordinances, and the Air Board Regulations; and whereas, 10 on October 14, 2009, the Air Board held a public hearing 11 in the Vincent E. Griego Chambers in the basement of the 12 Albuquerque-Bernalillo County Government Center, One 13 Civic Plaza, Northwest, in Albuquerque, New Mexico; 14 and the hearing was held consistent with the notice 15 requirements of the New Mexico Air Quality Control Act, 16 and 20.11.82 NMAC, Rulemaking Procedures

- AQCB; and, 17 whereas, on October 14, 2009, the Air Board met and 18 determined that updating the local Air Board regulation 19 by changing the current language is necessary because: 20 20.11.47.14B(1) NMAC is overly broad in scope, requiring 21 an annual emissions inventory report for all air 22 pollution sources, including those with an air quality 23 permit and those with only an air quality registration. 24 Air pollution sources issued registrations 25 emit only small amounts of pollution, and thus do not KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 38 1 trigger air quality permitting thresholds; for example, 2 sources such as small generators and small manufacturing 3 operations. 4 

### The proposed language for 20.11.47.14B(l) NMAC 5 would provide the Environmental Health Department the 6 flexibility to require emissions reports from sources 7 with air quality permits, but not require a report from 8 all the smaller sources with registrations, unless it 9 becomes necessary in the future; and this amendment will 10 effectively shrink the universe of affected sources down 11 to that which was originally intended the last time this 12 rule was amended, and at the same time will retain the 13 flexibility to include more sources in the future if 14 necessary. 15 Whereas at the October 14, 2009, pUblic 16 hearing, testimony was presented to establish a present 17 need or a reasonably anticipated future need, which 18 exists to warrant taking the following actions to help 19 prevent or abate air pollution. 20 21 that: Now, therefore, be it resolved by the Board The Board hereby adopts the amendments as 22 proposed in AQD Exhibit lA, which was admitted at the 23 October 14, 2009, hearing; the Board hereby directs 24 staff to take all actions necessary to submit the 25 amended regulations to the EPA as a revision to the SIP; KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 39 1 the effective date of the amendments to 20.11.47 NMAC 2 shall be November 16, 2009; and staff is directed to 3 submit the amendments to 20.11.47 NMAC to the State 4 Records Center in the format currently required by the 5 

### State Record Center, without changing the substance of 

### 6 the amendments as adopted by the Air Board on October 7 14,2009. 8 

### Is there a second? 9 

### 10 DR. MENACHE: 

### MR. DEICHMANN: Second. There is a second by 11 

### Dr. Menache. 12 Open for discussion. 13 14 Dr. Menache? DR. MENACHE: I would like to recommend that 15 we amend the language as was discussed in the hearing, 16 and I would be happy to read the proposed changes, 17 unless there is further discussion before I plow ahead. 18 

### MR. DEICHMANN: I think we'd love you to go 19 ahead and plow ahead. 20 DR. MENACHE: All right. So on page 3 

### in 21 Section 20.11. 47.14 (8), 

### "Reporting Requirements," number 22 one would now read, "A 

### source that meets requirements 23 under Subsection A(l) of 20.11.47.14 NMAC shall submit 24 an emissions report annually. A source is not required 25 to submit an emissions report more frequently than KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 40
1 annually." 2 

### A new Section 2 would be added. "A source 

### 3 that meets requirements under subsection A(2) of 4 20.11.47.14 NMAC shall submit an emissions report if 5 

### required by the Department. A source is not required to 6 submit an emissions report more frequently than 7 annually." 8 The former Section 2 would become number 3. 9 Moving to the next page, page 4, the former Section 3 10 would become Section 4. The former Section 5 -- sorry, 11 the former Section 4, on line four, would become 12 Section 5. And in that line the text currently reads, 13 "Except as provided in paragraph 5 of Subsection B," 

### 14 would now become the same paragraph 6. And on line 15 seven, the former Section 5 would become Section 6. 16 17 18 19 20 21 one. MR. DEICHMANN: Is that a motion? DR. MENACHE: That's a motion. MR. DEICHMANN: I'll second it. 

### DR. MENACHE: Thank you. MR. DEICHMANN: We'll be asking about another So let's discuss that one first and then go on to 22 any other. 23 What I would like to clarify, and I may have 24 misheard it, the reading of what is still B(l) under 25 47.14, the last sentence stating the source is not KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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### 41 1 required to submit an emissions report more frequently 2 

### than annually. Is that what you said? 3 4 

### DR. MENACHE: Yes. MR. DEICHMANN: I wasn't sure if I missed that 5 

### "not" part. 6 7 

### unchanged. 8 9 

### DR. MENACHE:

MR. DEICHMANN: MR. SULLIVAN: Yeah, that language would be
Okay. But is that indeed true? Are 10 

### there permitted sources that may be required to submit 

### 11 more than an annual report? 12 

### MR. TAVAREZ: Mr. Chair, Member Sullivan, no. 13 

### Just the way the emissions inventories are compiled, it 

### 14 just doesn't really make sense logically to do it more 15 

### frequently. But just to clarify, I think it helps 16 

### businesses understand that, you know, we won't be 17 

### hitting them every month for an emission inventory 18 

### report.

We have a motion on the floor to amend the 

### 19 20 21 

### MR. SULLIVAN: MR. DEICHMANN: Thank you. Any other discussion?

22 

### first motion to amend Section 20.11.47.14 

### (B), Sections 23 1, 2, 3, 4, 5, 

### and now 6, 

### as read into the record by 24 

### Member Menache. 25 

### All in favor of the proposed amendment say KATHY TOWNSEND COURT REPORTERS 110 

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### 42 

### 1 "aye." 

### 2 (Vote taken.) 3 MR. DEICHMANN: Opposed? 4 

### Motion passes unanimously. 5 

### Okay. I'd like to ask staff, if you have any 6 

### suggested changes on that Section C, to clarify that, or 7 

### if you could just let me know if that's the way you 8 

### intended it. 9 

### MR. TAVAREZ: Mr. Chair, Members of the Board, 10 

### I did a quick look at the reporting requirements for the 11 

### criteria pollutants just a little while ago. The 12 

### language for the greenhouse gas emissions and for 13 

### reporting basically mimics or echoes the criteria 14 

### pollutant language. 15 

### I would encourage the Air Board to go ahead 16 

### and keep that, and the reason being, I know it does 17 

### sound a little bit awkward, but there appears to a big 18 

### focus from the Environmental Protection Agency to 19 

### quantify all of the emissions from an activity, and the 20 

### phrase fugitive emissions occurring during maintenance 21 

### upsets and downtime, that's going to allow the Division 22 more flexibility in truly capturing all the emissions 23 

### that exist and occur at a particular facility or site. 24 MR. DEICHMANN: Thank you. 25 

### Are there any other amendments to be proposed KATHY TOWNSEND COURT REPORTERS 110 

### Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

- 

### Fax (505) 243-3606

### 43
1 by the Board?

the one that we've approved. 2 3 

### Okay. We have the original motion amended by Now we have the first 

### 4 motion for further discussion. 5 

### Anything new? 6 7 

### "aye." Okay. All in favor of the first motion,

8 

### (Vote taken.) 9 

### MR. DEICHMANN: Opposed? 10 11 

### 12 13 14 15 16 17 18 19 20 21 22 

### 23 24 25 Motion passes unanimously. I think we're done with that. Thank you. (End of proceedings.)

KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

- Fax (505) 243-36061 

### 2 3 

### REPORTER'S CERTIFICATE
I, Lisa Reinicke, New Mexico Provisional 

### 44

4 Reporter, License #P-ll, working under the direction and 5 direct supervision of Paul Baca, New Mexico CCR License 6 #112, do hereby certify that I reported the foregoing 7 proceedings in stenographic shorthand and that the 8 foregoing pages are a true and correct transcript of 9 those proceedings and was reduced to printed form under 10 my direct supervision. 11 I FURTHER CERTIFY that I am neither employed 12 by nor related to any of the parties or attorneys in 13 this case and that I have no interest whatsoever in the 14 final disposition of this case in any court. 15 16 17 18 19 20 21 22 

### 23 24 25 Provisional License P-ll License expires: 11/21/2009

KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

- Fax (505) 243-3606AQCS HEARING, 

### 10/14/09 1

I ALBUQUERQUEBERNALILLO 11]- 1:10AlbuquerqueBernalillo (10]- 1:16, 2:2,4:5,4:10,15:16, 20:18,35:4,36:19, 36:24,37:12

ali-Inclusive (1) - 26:1

allowl']- 6:10,8:2, 8:7,8:11,42:21

allows (1]- 14:13 ambient 12]- 14:15, 37:3

amend (5]- 4:11, 37:1,39:15,41:21, ; 41:22 AMEND (1]- 1:4 Amend 11]- 3:9 amended 1']- 36:22, 38:12,38:25,43:2

amendmenll12j4:12.7:14,7:17,8:2, 8:6,8:11,22:12. 22:25, 28:4, 28:8, 38:9,41:25

amendments (13J - 7:9,7:11.9:19,18:5, 19:1,28:9,36:16, 36:19,38:21,39:1, 39:3, 39:6.42:25

Amendments (1) - 3:11

AMENDMENTS (1]

- 1:5 amount 13J

-24:25, 31:7,31:12

amounts'21- 24:11, 37:25

ANDI2]-1:4,1:10 : announce (1] - 4:21 ! annual [19]

- 9:4, 9:7.

10:22,19:14,19:21, 21:23,22:9,22:16, 24:17,25:8,29:3, 29:4, 29:8, 30:8, 30:11,31:7,31:13, 37:21,41:11

annuallYI7J -7:18, 9:18,29:23, 39:24, 40:1,40:7,41 :2

answer (4]- 14:6, 15:18,16:24,17:1

anticlpate"I- 23:2 anticipated [11- ; 38:17 anywaYl21- 21:1, 32:23

appearance 11] -

,

### , adopting 11]- 36:19 adoption 11]- 36:18 adopts II]

- 38:21 advantages [1]

- 32:1

advise(I]- 4:15 affect (1]-18:18 affected (1) - 38:10 afraldl'j-29:10 agency 19]-10:20, 11:5,11:15,13:12, 15:24,24:16,25:7, 33:5,33:11

Agency (7]- 11 :2, 12:9, 12:18, 12:22, 26:22.31:20,42:18

agenda13]

- 5:8, 35:7,35:9

Agenda (1]- 3:16 agoll]- 42:11 agresl.]-11:11, 19:8,25:24,28:8 ahead (']- 4:1,8:21, 39:17,39:19,42:15

air(37]

- 5:19,7:22, 7:23, 7:25. 8:3, 8:4, 8:5.8:6.8:8.8:10, 8:13,9:9,9:14,9:15, 9:20, 10:20, 11 :14, 14:8,14:12, 15:5, 15:15,20:23,24:16, 32:22, 37:3, 37:4, 37:5, 37:21, 37:22, 37:23,38:1,38:7, 38:19**AIRI~-1:1,** 1:11

Airl"]- 2:2, 3:16, 4:10,4:25, 5:6, 5:12, 5:21,8:7,6:22,7:7, 8:18,8:22,9:5,9:10, 11:19,14:1,15:4, 15:15,15:22,16:4, 16:8, 17:5, 19:12, 21 :2, 24:4, 35:4, 36:19,38:23,36:25, 37:1,37:2,37:7,37:8, 37:9,37:10,37:15, 37:17.37:18,37:24, 39:6,42:15

akearny@cabq.gov (1]- 2:12

ALBUQUERQUE12] -1:1,1:10

Albuquerqu8 1161- 1:16,1:18,2:2,2:9, 2:11,2:16,4:5,4:6, 4:10,5:22,15:16, 20:18,35:4,36:19, 36:24,37:7,37:12, I 37:13 

# _..

### _----_.,-----_...

# _--_.,---

A A(lI3]- 17:19, 29:22, 39:23

A(2 (7]- 17:19, 27:23, 28:5, 29:2, 29:11,29:25,40:3 

## I" I
, 9(1]-35:19 

### 3 

### 2 1 ••]- 3:9, 34:10, 34:16,41:23

10/14/09(1]- 3:16 100 (1]- 20:17 111211200911]- 44:20

1311]- 3:4 14(6]- 4:4,37:10, 37:17,38:15,38:23, 39:7

14th (1]-1:13 15(C (I]

- 30:15 16(1]- 39:2 lAll]- 38:22

, 3(6]-27:19,36:12,

, 39:20, 40:8, 40:9,

41:23

32(2]- 25:14, 25:16 34(6]- 3:9, 3:12, 21.]-3:10,7:15, 40:2,40:8, 41 :23

20.11.47]9]-1:4, 3:11,4:11,7:9,7:11, 7:20,36:20, 39:1, 39:3

20.11.47.14(2]- 39:23,40:4**20.11.47.14(BI~** - 39:21, 41 :22

20.11.47.14.B(111]- I 7:17
• 20.11.47.14B(lI2]-
• 37:20, 38:4 20.11.47.15(C (1]- 25:13

20.11.8211]- 37:16 200919]- 1:14,4:4, 35:19,37:10,37:17, 38:15,38:23,39:2, 39:7 I 2009-5(1]- 1:2 2009-71']- 36:18 250 11]- 20:16 2aib/c (1]- 3:13 

## -.-- T- 

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1 abateI2]-37:4, 

# I" ----- ---.j 351']- 3:5 38: 19
I '112(1]-44:6

# ~3aibl.c/dler.:'~1~._1**2;~lIty** 12]- 151, #P-ll 11]-44:4 

### 4 

# 1 ab]e(.]- 14:25, 23:3, 

# --1-----

-------....**·----12~~:.;~2~~:;,~~:~** 416]-3:15,29:7, 1 5:11 40:9,40:10,40:11,
. accounting (2]- 41:23 114'11 14'18

400 1 1]-1:17.

I'

### a~hl~V~(I]-12:14 47.14(1]- 40.25 Act 111]- 5:12, 14:1,

....--- -- -----'114:2' 15:22, 16:4,



### ________ 5
..__ 16:9,19:13,36:24, 37:3,37:7,37:15 5(11]- 3:16, 25:12, 1 actions (2]- 38:18, 

## i 29:6,30:15,34:11, 38:24 1 34:16,40:10,40:12, 1 actlvltles(3]-13:11,
1 40:13,40:15,41:23 ,i

### 1~c:3t'l'vlI5ty:l(:_31 ..2,

, 5.1111-15:22 -, I ; 42:19 , 50512]- 2:12,2:16 51,,]-27:19 ' actual(I1]-11:9, 

# 1 5211]-27:19 I' 25:17,28:15,28:16,

- .. 5:5012]- 1:18, 4:6 28:17,28:20,30:16,

. 30:20, 31 :16, 31 :21 

# -r'''-'
. 6-'--'**-~** add 121- 29:17,

. .___ 30:21 i addedII]

-40:2

1

### 61~ -18:13. 18:15, addition

### (~- 9:5,

1 40:14,40:15,41:23 16:22

,**6123/091~** - 3:9, 7:16 additional 12]-4:20,

I 6:3514]- 34:19, 33:19

34:21,35:1,35:5 

## i additions 121- 35:10, 

## 1-------.1 35:23 I 

### 7 I address(.]- 14:22, ,.- . --, 21:3,23:20.24:23,

I , , 30:22 711]

- 3:3 I addresses 11]

_ ,74-2-5(1]-36:24 115:23
I 74-2-5(E (1]- 5:13 addressing (1]- 

### I 768-2660 1']- 2:16 24:14

## 1_768~530**I~** -

## 2:1~**::~:~~ ;,~:10**  : . 8
.. 34:19 adjudicatory 121- 8710212]-2:11,2:16 17:22,18:16 

### i administered 111- 

# ------9-
... -. 17:4

_____ administration 11]

- 23:12

administrative 11] 18:25 ADMITIED I']

- 3:7 admitted I']

- 5:3, 6:15,34:15,34:16, 38:22

1 adopt 13]- 5:9, 18:5, i 37:1

, adopted (2]- 18:22, I 39:6

__ i _ .____J
.. KATHY TOWNSEND COURT REPORTERS 505-243-5018AQCB HEARING, 10/14/09 

### 2
19:5 comments [6]

- 5:25, i 16:1,16:4,19:7, 24:15,27:12

common 12J

- 26:14, 31:4

communities 11] - 32:9

community (2) - 12:16, 12:20 company [3J

- 9:24, 11:5,11:15

compare (1)- 20:7 compile 121

- 9:24,

, 1:1

complied [1]- 41:13 complaints['J - 32:10

completeII)

- 33:6 compliance[4J - I 10:1,11:1,24:19,

26:7

complyIS]

- 9:3, 10:6,11:4,16:5, 16:21

compound (1)- 26:15

compromise (1J • 32:20

concernI31-14:17,

, 21:4,22:1
! concerned [2J I 20:22,22:16 concerns (5J - 13:16, 22:2,23:12,23:21, 24:14

concluded (1]- 34:21

conditions 11) - 33:1 conductI')

- 4:16 confusion [1J 28:19 consider (3]- 4:11, 5:9,30:17

consideration (2) - 7:6,24:5

consistent (2)- 37:2. 37:14

consisting [1]- 4:18 consulting 11)- 19:17

contaminants [11- 5:19

Content[1j· 25:13 context 12J - 25:21, 26:6

continuous (1) - 32:16

contributing [2J

- 15:9,22:22

contributor (1J - 1 30:17,30:16 : changes 114) - 7:16, 116:16,19:6,23:14, I 24:24,25:5,25:12, I

I , 27:16,29:16,29:19,

35:10,35:23,39:16,

, 42:6 changing [2)

- 37:19, 39:5

charecle'll)

- 5:,5 charte'll)

- 15:24 chase (1)- 13:8 checkI2)-10:1, ":, chemical (1]

- 26: 15 chemicals [1]- 26:17

chose 11)

- 23:12 circumstances [2) - 5:14,22:3

cite11(- 33:13 citizen 11)

- 23:12 clllzensl'l- 23:13 CityI')

- 2:4, 2:5, 2:9,37:7

CITY [I)

- 2:10 ClvlcI3)-2:1',2:15, 37:13

clariflcallon [']

- 7:12,21 :9,30:22, 30:24

clarilles 12)

- 26:5, 30:2

clarify 16)

- 6:22, 13:25, 19:10,24:22, 27:2,40:23,41:15, 42:6

c)ass [31- 22:5, 22:17,22:20

CleanII)

- 37:7 clear(2) - 10:17, 27:16

clearer(1) • 30:7 cleariy [21

- 9: " 9: 12 CleariyI')

- 11:6 closeI3)-14:15,

, 19:6,34:2 closef\5)- 14:14, 26:4, 32:6, 32:15, 32:21

closes (1) - 5:6 closing [1] - 34:18 CodeI')

- 16:2 colleagues (1) - 19:17 comment [81- 19:3, 23:20, 26:22, 30:4, 30:19,30:23,36:'0

commented [11 - 19:4

commenting (1] - 

## c
calculations (1)

- 32:5

capture [2)

- 13:3, 13:10 captures I']

- 26:6 capturing [2]- 26:23, 42:22

carbon (11- 10:5 care [I) -16:20 carved [I)

- 9:16 case**I~** - 16:1, 44:13,44:14

category 1'1- 22:11 CCR 1'1- 44:5 C8nte'l51- 1:17, 4:5,37:12,39:4, 39:5

centered [I)

- 10:7 certain 11]-16:15 CERTIFICATE [1(- 44:1

certify [I)

- 44:6 CERTIFYII)

- 44:11 CFR 1'1- 16:6 Chair151

- 2:3, 2:4, 4:19,20:5,41:12, 42:9

Chairman [101

- 7:6, 6:16,13:19,15:21, 16:14,20:6,21:6. 21: 15, 27:6, 27:12

challenge [11- 12:15 Chambere [3)- 1:16, 4:4,37:11

change [121- 9:19, 13:6,14:3,16:10, 22:6, 23:9, 27:24, I 27:25,26:2,30:15, I , i KATHY TOWNSEND COURT REPORTERS 505-243-5016 B(1[2]- 27:16, 40:24 Baca [I)

- 44:5 backup [I)

- 7:25 base 111-14:1 based(3)

- 5:3, 13:2, 26:16

basement [1]- 37:11 basis 151- 10:4, 23:2, 30:9,30:11,3':7

BCPCII)

- 2:5 BEII]-1:13 become 16)

- 5:4, 40:6,40:10,40:1', 40:14,40:15

becomes (1) - 38:9 BEFORE 12)

- 1:1, 1:10

begin 1'1- 5:20 below 12]-16:,2, 17:15

beneficial 11)- 22:6 BERNALILLO [21

- 1:1,1:10

Bernalillol12)-1:16, 2:2,4:5,4:10, 15:16, 20:16,35:4,36:19, 36:24,37:6,37:6, 37:12

beller 11)

- 22:21 between [I)

- 27:13 big [2]- 26:22, 42:17 blggerlll-14:20 Bllllll- 4:14 BILL121

- 1:15, 2:6 bitI')

- 20:24, 30:6, 30:24, 42:17

Board 150)

- 2:2, 3:4, 3:16,4:10,4:15,4:16, 4:25,5:2,5:7,5:6, 5:13,6:7,7:6,6:22, 13:,6,15:4,15:15, 15:22,16:15,16:19, 17:13,20:5,21:2,
• 21:15,22:13,23:1,

, 23:14,23:20,24:4,

27:6,30:13,33:20,
• 34:1,35:4,36:20, 

## I 36:25,37:1,37:6,

, 37:9,37:10,37:17, 

## i 37:16,36:20,36:21, I 36:23, 39:6, 42:9, I 42:15, 43:1 BOARD [3)

- 1:1, 1:11,13:21

bollerI2]-31:12, 31 :17 I book [1) -10:18 

# --,**~~'-------'----1-~--~~---~~** 

### B books [I)

- 16:14

1 bottom [I)

- 7: 15 brings [1]- 11:16 I broad [3]- 14:6,

15:14,37:20

bumping [1]-14:14 bum [I)

- 31:7 burning (1]- 31:6 bUmS[I[- 31:12 business (7)

- 10:20, 13:12,17:24,24:15, 33:5,33:10,35:6

businesses (2] - 9:13,41:16

Butt['1-16:17,17:4,

1 '7:5,19:1' BUTT[3)

- 2:14, i 17:5, 17:16 BYII]

- 13:21 i 5:24

'I applied II)

- 26:6 applies 1'1-7:17 apply 131- 24:12,

, 27:17,29:2 i applying [2)

- 21 :21,

32:4

approach (11 30:5 approaches 12)- 15:11,31:10 appropriate 11]- 5:14

approval 12]- 35:6, I 35:19

1 Approval II)

- 6:2

,**approve~I-16:7,** I 35:", 35:24, 36:2 approved 15)

- 17:7, 16:23,22:12,23:1, 43:3

AQCB [2] - 1:2, 37:16

AQD [3]- 3:6, 34:16, 36:22

areaI2)-14:13, i 26:13 1 arose [I]

- 23:4 I arrive [1] - 4:21 ASI1]-1:5 assessed 1'1-10:16 assessment 12]

- 11:11,25:24

Association [1) - 6:16

assuming (11- 34:17 AT[II- 35:1 attain [I]

- 37:3 attendance 11) - 6:20 ATTORNEY 1']- 2:10

attorney 1'1- 4:14 attorneys (11- 44:12 audience 12)

- 6:10,

1 33:22 i authority12)

- 6:12, ; 33:13 authorized 1'1- 4:16 8vailable(31-12:10, 14:9,32:6

avenue [3J - 23:13, i 23:16, 23:22 I Avenuel,]-1:17 aVenUSS!2]- 23:16,

, 24:6

, awkwardI1j-42:17 I ayeI')

- 35:16, 36:6,
• 42:1,43:7

### AQCB HEARING, 10/14/09 

### 3

F

I I faclllly 121- 31 :3, ,42:23 facl [11

- 29: 11 facto 11)- 19:8 factors 13] - 15:9, DallasI11-18:12 dala [6]- 12:20, I 31:14,31:16,32:3,
! 32:8, 32:11 dale (3]

- 29:8, 29:9, ! 39:1 daled 111-7:16 dealt 1'1- 24:10 decision (3J - 5:3,

# 2~~~t-ri-b~~~ll:~-'**r2-i~-, :-S-:£~'-13-'** **-';~-:I:-'C-~:~~~i~-:~,-il'3~;~t** 1'1-

# 28:~'-r~;:T~-~.-::-:**~~-.2-1:~---** 7:24,8:8,8:9, 9:15, 'I 8:14 40:21 effectlvel']- 39:1 : 17:25,18:6,18:13, 14:12, 14:19, 14:25, deficiencies 12]

- discussed 121- 22:2, , effectively 12] - 1 18:22,36:22,38:25 20:25,21:3,32:23 , 10:13,10:14 39:15 ' 23:19,38:10 I especlaIlYI2]-

Control 115]- 2:2, deflne!1l- 9:12 discussing 1'1- effortI11-14:16 12:16,26:24 '4:10,5:12,14:1, definedI21-9:1, 27:22 efforts,,]-13:7 essenceI11-28:9

15:22, 16:4, 16:9, 10:18 discussion (6J

- eight 11]· 20:19 essentially [2]- 19:13,35:4,36:20, definition 111-28:15 '28:10,36:18,39:12, ellherI51-15:11, 14:10,27:21

, 36:23,36:25,37:3, degreell]- 5:15 39:17,41:20,43:4 17:12,19:25,31:14, establish 11]- 38:16 : 37:8,37:15 Delchmann 161- discusslonSll]- 32:18 estimate 151- 25:17, CONTROL 12]

- 1:1, 4:19,8:16, 13:19, 25:4 emergency 11]- 8:1 28:17,30:17,31:25, 1:11 20:6,21:6,27:12 disposition (1]- emission 125]- 8:3, 33:9

contr01l'1- 15:10 DEICHMANN 1331- 44:14 8:5,8:12,9:7, 11 :2, estimated (21- convene 1'1- 35:3 2:3, 13:22, 15:20, distinction 1'1- 11:18, 12:16, 12:20, 28:22, 30:16 CONVENEDlll- 16:6,17:3,17:9,21:7, 27:13 13:1,15:8,19:14, estlmalesl'I-7:13, 35:1 21:16,23:5,24:8, Division 1111- 5:21, 20:13,21:23,24:17, 13:1,30:20,33:3 'correctl'I-21:13, 24:21,25:10,28:8, 6:22,7:7,8:18,9:6, 25:1,26:6,26:11, evaluatel'J-3l:8

21:15,25:2,25:3, 27:1,27:5,34:3,35:2, 9:11, 13:5,23:9, 26:14,28:17,30:25, evening (31-4:1, 26:11,33:16,34:13, 35:14,35:18,36:1, 23:11,23:14,42:21 31:19,31:23,32:16, 7:5,35:2 44:8 36:5, 36:8, 39:10, Dlvlslon'Sll]- 5:23 33:10,41:17 eventually 121-18:5,

corrections 1'1- 39:18,40:16,40:18, DoctO'!ll- 28:25 Emlsslonsl7l- 3:12, 18:8 35:23 40:20,41:4,41:8, DONAI'I-2:4 4:11,7:9,7:11,7:20, evldencel'I-5:1,

counting 1'1- 26:23 41 :20, 42:3, 42:24, Donalll-4:20 25:14,36:21 5:3,6:14 counly 1']- 12:22, 43:9 done 121- 26:2, emlaaionSI5B]

- exactly121

- 13:25, 12:24,12:25 delayaI11-4:7 43:11 7:13,7:21,9:23,10:3, 30:25

COUNTY121- 1:1, departmenl (3J

- 8:7, down 161- 11:24, 10:5, 10:6, 10:12, Examination 11]- 1:10 8:12,8:14 12:5,12:13,15:2, 11:10,12:7,12:25, 3:4

County 1"1- 1:16, DepartmenI19]- 20:24,38:10 13:9, 14:9, 14:10, EXAMINATION 1'1- I 2:2,4:5,4:10,15:16, 2:13,2:15,5:22,7:19, downtlme!1l- 42:21 16:1,18:19,19:22, 13:20 : 20:18,35:4,36:25, 8:3,30:10,33:2,38:5, DR117]

_2:4, 2:4, 20:2,20:10,21:13, example 151-14:18,

37:6,37:8,37:12 40:5 27:10,28:10,28:12, 22:6,22:16,22:19, 22:11,23:8,31:5,
! county-wlde 121- DEPUTY1'1- 2:10 29:13,29:15,35:12, 24:12,25:9,25:17, 38:1 '12:22,12:25 desk"J-6:19 35:13,36:4,39:9, 25:18,25:21,26:3, examplesI11-31:11 couple 11]- 27:24 delalllli

- 20:24 39:14,39:20,40:17, 28:19,26:23,28:16, Except 11]-40:13 coursell]- 16:4 detailed111 -16:3 40:19,41:3,41:6 29:8,29:22,30:1, excepll2J -17:18, courtl,]-4:24, 5:1, delallsI11-15:17 Dr17I-4:19,4:20, 30:16,30:19,31:8, 29:20 6:5,44:14 determine 1'1- 14:19 27:9,29:14,30:23, 32:1,32:4,32:14, exhaust 1'1- 26:18

COVer(l]- 29:10 1 delermlned 1'1- 39:11,39:13 33:2,33:9, 37:21, Exhlblll2J

- 34:16, creale 1'1- 14:25 ! 37:18 draft(11- 24:3 38:6,39:24,39:25, 38:22 crealed 121- 31 :19, develop 11]- 10:2 Draft 1'1- 3:10,3:16, 40:4,40:6,41:1, EXHIBIT1'1- 3:8 : 31:20 developed 1'1- 7:16 ! 41:13,42:12,42:19, Exhlbltsl'I-34:10 criteria 1"- 10:7, 30:25 due 12]

-4:7,20:2 I 42:20,42:22 exhlbltsl'l- 6:15,
! 26:7,42:11,42:13 developing 12]- duIYI11-7:2 EMISSIONS"1-1:4 34:6,34:9,34:15 I crushlngpl-14:22 15:24,16:15 duringI6J-23:20, emlll2]-13:10, exlstI21-10:18, currenll']- 7:19, developmenllll-! 24:14,25:19,26:24, 37:25 42:23

, 20:9,37:19 16:25 'l31:8,42:20 emitted 11]- 32:6 exlslslll- 38:18 develops 1'1- 15:10 dutleSI']- 15:23. employed 1'1- 44:11 expect 1'1- 16:2 

# o dlfferenll'I-13:2, ,_._.__... encourage 1'1- expecled (21- 5:7, 21:3,26:16, 31:22
Ii 

### E 42:15 5:9 : Dlrecl(2j

- 3:3, 3:15 end 1'1- 32:19 expires 1'1-44:20

I dlrectl'I-13:12, Endll]-43:13

44:5,44:10 e-mail 1'1- 8:17, enforce 11]- 18:14

DIRECTll]-7:4 8:19,11:8,11:17 enteredl'I-5:24 directed (11- 39:2 easiest (2]- 27:25, Environmental [11]- " 28:1 dlrectlonI11- 44:4 ; 2:13,2:15,5:22,11:2, dlrectly[11- 11 :8 I echoedl,[-9:20 112:8,12:17,12:22, dlrectsI11-38:23 ! echoesl'1-42:13 26:22,31:19,38:5, economlc(1]-5:18 42-18 discretion 161

- ' . 121:18,22:13,23:1, economlcellYlll- EPA("I- 1:5,4:12,



## -KATRyTowNSENDCOlJRTREPORtERS 505-243-5018AQCB HEARING, 10/14/09 

### 4



### J 4:12,7:10,7:12,7:20, 36:21

Inventory (33)

- 7:21, 8:3,8:5,8:12,9:7, 9:23,10:3,10:5,10:6, 10:12,11:3,11:18, 12:7,12:16,12:20, 14:9,14:10,15:8, 16:1,18:19,20:10, 20:13,21:24,22:7, 22:16,24:17,25:9, 26:7,32:2,32:14, 33:10,37:21,41:17

InvestigationSl1j15:25

Involv.d 121-16:15, 16:25

lpoo (1]- 19:7 Irrel.v.nt[IJ

- 6: 13 ISREAL 121- 3:2,7:1 l.re.llll- 7:7 I ••U.I']- 10:20 I••u.d (']- 11 :6, 11:14,24:16,37:24

I ••u•• [21

- 24:20, 28:15

ITllJ -1:13 It.m(lJ-36:12 It.m(2J

- 5:8, 35:6



### K Kathy ('I

-4:23 K

••rnyISJ

- 14:5, 15:17,16:7,17:17, 18:9

KEARNY [']- 2:10, 15:21,16:14,17:7

koop[2]-12:6,42:16 I kind [')

- 11 :25,

15:7,23:13,32:16

knowledge (1] - 19:12

known l'i- 36:25 knOW8(1) - 17:14 JACK(IJ

- 2:5 J.ckl'J -4:19 JENS 111- 2:3 J.n.llJ

-4:18 Job 1'1- 18:12 I Joint 11) 37:8

Jurisdiction 121- : 14:12,31 :18 h.1I11J

- 12:24 h.ppy(3J

- 11 :24, 12:4,39:16

h.rd 1'1- 11 :25 Heslth I'J

- 2:13, 2:15,5:22,38:5

h••lth 11J

- 5:16 he.r(2J-5:25,16:11 he.rd(11-36:13 HEARING 1'1-1:10 h••rlng 1211- 1:14, 4:2,4:3,4:9,4:17, 4:23, 5:4, 5:5, 5:6, 5:10,5:20,11:17, 16:19,34:2,34:18, 37:10,37:14,38:16, 38:23, 39: 15

Hearing I19J

- 1:15, 2:7,3:13,6:24,7:5, 8:20, 13:22, 16:6, 

## i 19:16, 19:24, 20:4,

21:7,21:14,27:10, 34:4,34:5,34:12, 34:15,34:21

he.rlng.I'1

-4:25 he.tlng 11J

- 4:7 held[3J-4:3,37:10, 37:14

helpI'J

- 8:22, 10:2, 14:5,38:18

help.pJ-,4:", 25:10,41:15

hereby 131- 38:21, 38:23,44:6

hlghllJ-20:13 hill.", 11J

- 14:20 hilling (1)- 41:17 hold I'J

- 5:7 hon••t 11J

- 26:3 hour(2I-1:18,31:13 housekeeping 11)- 18:10 

### G

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

9•• (11- 42:12 Gas(I]- 25:13 g•••• 1"- 25:17, 25:20, 26:2, 26:9, 26: 10, 26:17

g.n.rallll- 15:24 generatolli 12) - 8:1, 38:2

given 12]- 6:12,6:14 Government (3) - 1:17,4:5,37:12

government (1) - 24:1

Granth.m11J

- 4:14 GRANTHAM I20J

- 1:15,2:8,4:1,13:17, 19:9, 19:19,20:2, 21 :5,27:7,28:24, 29:14, 30:3, 30:12, 32:24,33:12,33:17, 34:4, 34:8, 34:14, 34:17

graveil2J

- 14:22 gr••t.r(21

- 20:16, 20:17

Greenhouse [1) - 25:13

greenhouse 16] - 25:17,25:20,26:2, 26:9,26:10,42:12

Grice('J

- 8:17, 8:24, 11:7,11:24,12:5, 12:18

GriCS'8j8J-11:11. 12:12,13:15,24:14, 28:13, 30:19, 30:23, 31:24

, GriogOI31-1:16,

'1 4:4,37:11

.. group l'i- 24:2
'I gU••• I '21

- 9:12, ----,--·----------·-·1--- 

### --li 39:25,40:6,41:1, 

### ! 15:14,23:16,23:22, I I 41:15 1 24:13,26:5,26:17,

I IronI12]- 6:18, 6:.'9 28:4,30:22,31:25, lu.II'J-31.6, 31.7, ! 32:10,36:14
. Id•• (.)-11:18, 12:2,

I ' 31:12,33:7 gues.lng(lJ-16:21 122:21,24:3

I lugltlv. 

### rl- 25:18, gues.tim.t.d 11]- 1 Id••llll- 32:15

25:21,26:3,26:11, 11:10
1 Id.ntlllodI2J-10:13, 26:14,26:19,42:20 guesstlm.tes(IJ

_ I 21:21

luIlYIII- 21 :10 28:14 I' IdontIIy121-6:5, lurnlture 13]

- 22: 10, guld.**~]** - 11 :25, 22: 19 22:19,22:23 17:23 IMPLEMENTATION

FURTHER11J

- 44:1 1 guys 11J

- 28:3 11J

- 1:5 lutureISJ

- 23:6,
. .__ Import.nt121

- 5.2, 23:8,38:9,38:13, 

### H i 26:20 38:17 --------------l Impos.12J -16:1, I 21:18 IN 111-1:4 lnadv.rt.ntly 1'1- 21:22

Includ.I.]-7:12, 10:13,29:4,38:13

Includ.d 1'1- 8:19 Includ•• I']- 28:16 Including ('1

- 5: 14, 5:18,6:6,25:18,37:5, 37:22

IncluslvBl1)- 26:1 Incorporate ['1- 18:4

Indood11J

- 41:9 Indlc.t.[l]- 33:13 Indlcato", 121- 31:2, 31:4

Indlvldu.I.12]

- 12:1,32:9

Indu.tri.ill]- 14:21 Information 19J

- 11:22,11:23,12:21, 22:24,28:17,32:4, 32:7,33:7,33:8

Information (1)

- 3:14

InJuryllJ

- 5:16 inapectorI11· 10: 11 Int.nd.d 131- 30:18, 38:11,42:8

Int.nt151- 21 :25, 25:23, 25:25, 30:21, 34:10

Int.re.t(2J

- 5:17, 44:13

Int.restod (']

- 17:21 Interference 11) - 5:16

Int.rnal(,]

- 18:10 Int.rn.lly('I

- 22:2 Inventorls8131- 13:1,30:25,41:13

INVENTORY 1']

- 1:4 Inventory 1'1- 3:12, 31:19,31:23

I.cls (21

- 5:14, 15:24

1.llback.llJ

- 31:18 I.r 1'1- 32:22 I.vor 1'1- 35:16,

, 36:6,41 :25,43:6 I lea.lbl. (1]- 32:18 lod.rai(I'I-14:14, 16:3,16:23,17:12, 18:8,18:14,18:24, 19:13,19:21,19:25, 20:7,20:11,20:12, 20:22,21:11

F.d.ral 131- 16:2, 18:7,20:15

lod.relly (1]-10:2 1.111']

- 22:2 low (3]

- 8:18, 13:8, 29:18

IIgur.111- 20:16 fin.II'i- 44:14 IIn.r(11- 20:24 Ilrm 1'1- 4:24 II",t 19i- 7:2, 8:24, 17:1,29:17,35:6, 40:21, 41 :22, 43:3, 43:6

li.xlbillty(31

- 38:6, 38:13,42:22

floor 1'1-41 :21 10cu.('I- 8:7,13:7, 26:22,42:18

lollow 151-4:25, 19:9,24:'8,27:1', 30:7

1 lollow-up 111- 19:9 lollowlng 12i- 26:6, 38:18

lollow. i11- 7:3

, lorce 1'1- 23:14 loregolng 12]- 44:6, ! 44:8 I form (1] - 44:9 lorm.1121- 12:6, 12:7

lorm.t (21- 26:6, 39:4

former (5J - 40:8, 40:9,40:10,40:11, I 40:15 lorth (11

- 10:6 Fortunately (1] • 20:18

10U,!II- 40:11 I Irankly(11-22:15

1 Ir.qu.ncYi1]- 25:1

I lrequ.nt 12]

- 23:2,

32:17

lrequ.ntly 1'1

- KATHY TOWNSEND COURT-REPORTERS 505-243-501 BAQCB HEARING, 10/14/09 

### 5

--- ------- 

# T -----_ .. -- --- -- ------- --_.- ..-,-----_..._---- 

# I ._----- 

### L main 12J

- 12:25, memoryI1l-14:4 MR 186]

- 2:3, 2:5, newl'J-24:12, : 13:5 Menache**~J** - 4:19, 2:5,2:8,2:14,4:1, : 29:24, 40:2, 43:5 maintain 11J

- 37:3 27:9,29:14,35:15, 6:24,7:5,13:17, next 12]- 11 :7, 40:9 lack]1]

- 4:7 maintenance (3] - 39:11,39:13,41:24 13:22,14:4,15:20, Nieto 11J

- 6:3 language ]12]-7:13, 25:19,26:24,42:20 MENACHEI14J

- 2:4, 16:6, 17:3, 17:5, 17:9, nine ]2]- 20:19 7:19,23:23,27:14, majO'lII- 22:20 27:10,28:10,28:12, 17:16,19:9,19:16, NM]2J-2:11,2:16

, 27:15,27:18,37:19, 

### , management (1]- 29:13,29:15,35:13, 19:19,19:24,20:2, NMAC 113]- 1:4,

, 38:4,39:15,41:6, 20:23 39:9,39:14,39:20, 20:4, 21 :5, 21 :7, I 3:11,7:9,7:11,7:20, : 42:12,42:14 managers (3]- 14:8, 40:17,40:19,41:3, 21:14,21:16,21:20, i 36:20, 37:16, 37:20, largeI']

- 8:8 15:6,15:16 41:6 23:5,23:16,24:8, ' 38:4, 39: 1, 39:3, larger]I]- 9:15 mandated ]2J - 11 :2, Menache's 11J - 24:13,24:21,25:3, : 39:23, 40:4 I last]'J -13:8,18:22, 21:22 30:23 25:10,25:24,26:8, NMSA]11- 36:24 i 38:11,40:25 mandatory12]

- mentioned [i)

- 26:13,27:1,27:4, NoneI1J

- 34:3 I laller111- 26:21 30:8,33:13 28:25 27:5, 27:6, 27:7, 28:7, none]2I

- 34:4, I law{7J

- 5:1,16:3, manufacturer (1) - met 1'1- 37:17 28:11,28:24,28:25, 34:15

16:23,17:12,19:21, 31 :15 methodologies ]21

- 29:14,30:3, 30:5, Northwest13]

- 1:17, 21:11 manufacturers (2]

- 13:3,31:10 30:12, 30:21, 32:24, 2:11,37:13

leaders ]IJ

- 12:18 22:20, 22:23 methodology]ll- 33:4,33:12,33:15, notlcel'l-l0:15, least 151

- 15:3, 22:6, manufacturers'(1) - 32:5 33:17,34:3,34:4, 20:15,34:10,37:14 31:1,32:3,32:22 31 :14 Mexico (9J

- 1:18, 34:5,34:8,34:12, Notlcesll]- 3:13

legal12J -14:7,15:18 manufacturing [3]

- 4:6,5:12,27:15, 34:14,34:17,35:2, November]11- 39:2 level {7J

- 19:25, 22:10,31 :5,38:2 36:23,37:13,37:15, 35:14,35:18,35:25, nowoftglstered [1]

- , 20:1,20:7,20:20, MARGARET]II- 2:4 44:3,44:5 36:1,36:5,36:8, 21:22 : 20:22, 32:2, 32:19 Margaret 121- 4:19, mlghtI6]- 14:25, 39:10,39:18,40:16, NumberllJ

- 36:18 levels 1'1- 32:12 6:3 15:2, 22:3, 24:6, 40:18,40:20,41:4, number**~]-** 9:10, I Liaison ]11

- 2:5 Marquette lll- 1:17 24:24,28:13 41:8,41:9,41:12, 29:18,29:24,31:13, License 14) - 44:4, MATTER 1')- 1:4 mimics 11J

- 42: 13 41:19,41:20,42:3, 36:12,39:21,40:8 44:5,44:19,44:20 ! matter(2)-1:14, mind 131- 19:18, 42:9, 42:24, 43:9 numbering [11-

lighting 1'1- 4:7 I 36:13 23:17,24:7 MSI.)-2:10, 15:21, 29:19 IImltll)- 6:13 meanI4J-18:11. mlnlmlze]2I

- 15:2, 16:14, 17:7 NWll]-2:15 limited 1'1- 5:15 20:14,24:2,29:18 15:11 mustl21- 5:2,6:11 limits 111

- 10:1 measurement 13J minutes (1) - 35:20 

### 0 Ilne]5J

- 25:14, 28:21, 31 :21 misheard]IJ

-40:24 

### N 25:18,40:11,40:12, measuring 11]- missedI'J

- 41 :4 ---------- - 40:14 15:10 monitor111

- 28:21 namel21- 4:14,7:6 Oath 11]- 17:4

IIneS]II- 27:19 mechanism (3J • 9:5, monitoring 111- 15:7 natlonal]11

- 37:3 oath ]1]- 7:2 Lisa121

-44:3, 44:19 33:3,33:4 monitors 1'1- 32:16 nbull@cebq.9ovlll objection 1'1- 34: 1 list ]3]

- 11 :19, 12:6, mechanlsms'11- monoxide ]IJ

- 10:5

- 2:17 objectlons]'J

- 6:16, 12:16 13:11 monthl,]-41:17 Neall'l- 17:5 34:8,34:14,34:18

locel15J

- 14:25, medium121

- 8:7, monthlyl2J - 5:7, NEALI1]- 2:14 obtain (2)- 4:22, 15:1,15:23,17:19, 9:15 32:17 16:1 37:18 MONTHLY11J

- 35: 1 necessarily (9] - Obviously 11J

- mee!l21- 16:9, 37:6 12:1,12:6,17:21,

, locallY(IJ -18:18 MEETlNG ]2]

- 1:10, Monthly11J

- 3:5 32:15 21:18,21:24,22:9, location 1'1- 31:17 35:1 mostI31-13:10, 22:16,30:11,32:12 OCCUrl']- 42:23 I loggedI1J

- 9:23 occurred]11- 32:13 Meeting ]11- 3:5 14:16,14:24 necessary [5J

- 6:12, logically ]IJ

- 41:14 meeting (4]- 5:7, Motion ]51- 35:14, 8:14,37:19,38:9, occurring (2) - look 151- 14:15, 5:8, 35:3, 35:20 35:18,36:9,42:4, 38:14,38:24 25:19,42:20 I 23:11,26:4,27:1, meets 16]- 27:21, 43:10 need (6J

- 11:19, October16J

-4:3,

, 42:10 28:4, 29:21, 29:25, motion (10) - 35:24, 14:21,22:14,23:4, 37:10,37:17,38:15, looks ]'1

- 28:20 39:22,40:3 36:1,36:15,40:16, 38:17 38:23,39:6 lose 121- 29:2, 29:11 memberl11- 4:15 40:17,41:21,41:22, needs (2) - 9: 1, octoberll)-1:14 LOUIS I']

- 2:5 Memberl5J

- 35:14, 43:2, 43:4, 43:6 30:24 OF (IJ

- 1:4 lovelll-39:18 35:15,36:5,41:12, motions (11- 6:16 

## i neighborhood 111- ollerllJ -12:13 10w]'J

- 24:11 41:24 Mountain 121

- 8: 18, i 32:13 Officerr15J -1:15, Members 161- 7:6, 32:9 I 2:7,8:24,7:6,8:21,

------ ------- Neighborhood ]1]- 

### M 15:21,16:14.20:5, move 14) - 34:6, 8:18 13:23,16:6,19:16,

. 21 :15,42:9 35:11,35:25,36:18 NewI61- 1:18,4:6, 19:24, 20:4, 21 :8, members (5/- 4:20, moved (IJ

- 35:12 5:12,27:15, 36:23. 21:14,27:10,34:5, maill'l- 8:17, 8:19, ! 6:8,19:11,23:19, movtng ]11- 26:16 37:13,37:15,44:3, ; 34:12 11:8,11:17 27:8 Moving II]

- 40:9 44:5 Ollicers ]11

- 8:23 KATHY TOWNSEND COURT REPORTERS 505-243-5018AQCB HEARING, 

### 10/14/09 

### 6



### R QuelltyI23J - 2:2, 4:10, 5:12, 5:21,6:22, 7:7,8:16,9:6,9:10, 11:19,14:1,15:22, 16:4,16:9,17:5, 19:12, 35:4, 36:20, 36:23, 36:25, 37:2, 37:8, 37:15

quantified 11) - 28:16 quantify 11) - 42:19 quarterly1'1 - 32:17 questioned 111- 7:3 questionnaire 11}- 22:23

questions [13]

- 6:10,6:11,8:19,8:22, 13:13,13:14,13:18, 15:18,27:7, 30:12, 33:18,33:19,33:21

quick121- 10:1, 42:10

quorum (1)

- 4:18 quoteI2]- 8:25, 11:17 

# 1

1

# ~r:mUlgatelll - 37:1

propertyllJ - 5:17 proponent 11) - 5:21 proposal13J - 4:1 " 5:9, 18:18

propose [6J -15:1, 15:4,23:24,24:2, 36:14,36:17

proposed 118J - 7:9, 8:25,9:19, 18:18, 17:18,20:10,22:11, 23:9, 23:23, 24:24, 25:5,25:12,35:10, 35:23, 38:4, 38:22, 39:16,41 :25,42:25

Proposed 11)- 3:10 proposing 1'1- 9:19, 13:6,18:10,19:1

Protection r) - 11 :2, 12:9,12:18, 12:22, 26:22,31 :20,42:18

provide I") - 8:21 , 12:17,12:21,17:17, 18:1,18:3,18:5,32:8, 32:11,38:5

provided (7]

- 12:8, 13:15,18:22,19:1, raised I'J - 22:1 19:2, 34:10, 40:13 rate (1)

- 31:4

provision 12J - 9:8, rather12]- 13:1', 11:14 27:23

Provisional 12)

_ read 18J - 8:15, 11 :8, 44:3,44:19 25:25,26:12,36:14,

Public 13)

_3:10, 39:16, 39:22,41:23 3:13,7:16 reading (3) - 24:23, I public 110J - 4:3, 26:9, 40:24 1 5:17,5:25,11:21, readsl'I-25:16, 

### I 11:22,23:19,23:20, 25:22,29:20,40:12

I , 36:10,37:10,38:15 readyI2)-4:8,6:22 publish 1') - 37:1 reel I') - 32:3 I pulling 11) - 20:15 reel·world I'] - 32:3 I purposes 12) - 9:25, reeIlYI81- 13:6,

1 10:25 13:8,14:10, ,4:1" I put 13]

_14:16, 29:1, ,20:21, 26:23, 28:20,

'1 29:11 ' 29:17,41 :14


## ,---(;1'-

# -1 1

## ~~~~Ot81:~;,**~~~156** f------ ------i reasonable [1]

- 28:7 

## I reasonably 1'1- 'QUALITYI2)-1:1, 138:17 

### i 1:11 reaSOnSI1j-13:5 

## I quality I"J - 7:22, reassess "I

- 23: 15

7:23, 8:4, 8:6, 8:9, receive 12] - 9:22,

1 8:10,8:13,9:9,9:14, 10:24 I 9:21,10:20,10:22, received 12]- 8:16,

, 11:14,14:8,15:6, 19:7

15:15,20:23,24:16, recommend 1')- 37:4,37:22,37:23, 39:14 38:1,38:7 recommendations 

# --l-- 21:4,42:14

pollutants 16) - 10:4, 10:7,14:17,26:7, 42:11

pollution (20) - 7:22, 7:25, 8:4, 8:5, 8:8, 8:10,9:15,14:12, 14:19,15:3,15:4, 15:9,15:12,20:25, 32:22, 37:4, 37:22, 37:24,37:25,38:19

populellon 11) - 13:2 porilon I') - 12:24 potential 121 - 23:6, 24:19

potentially I') - 11:5 pounds 12)- 13:9, 25:17

power11) -15:23 powerfull'J - 14:8 practice 12) - 9: 10, 24:15

prescribing I') - 37:5

present I') - 4:18, 7:8, 24:4, 38:16

presentation [1)- 13:24

presented 11]- 38:16 president I'J - 8:17 pretty[1) - 23:19 prevent121 - 37:4, 38:19

previously II) - 34:9 primary 12) - 31 :2, I 31:4 printed 11) - 44:9 problem J3) - 23:10, 23:11,25:15

problematic (1)

- 14:7

Procedures (1]- 37:18

procedures ("I - 17:22,17:23,18:17

proceed 121 - 5:25, 6:23

proceedings J3J - 43:13,44:7,44:9

process 151- 11 :21, 16:16,31:5,31:9, 33:15

produce 12] - 10:12, 33:8

product I') - 33:8 production 1'1 - 31:4 program 121 - 11:12, 12:11

Program 1'1 - 4:13 programmatic (1] - Pertl'J -12:15 participants 11J - 33:25

particular(8) - 10:6, 14:17, 15:12,21 :4, 22:4,22:18,25:6, 33:10,42:23

parties 121 - 5:24,

, 44:12 partsl'J - 29:20

, passes I'] - 35:18, : 36:9,42:4,43:10 Patty 11) - 8:17 

## i Paul 11) - 44:5

, penaltleSI,]-10:16 

## I perl') - 20:17,

25:18, 31 :13

percepllon I'] - 31:24

perhapsl,]-16:17 periodical I') - 10:4 permanent 1'1 - 19:22

permit 116J - 9:9, 9:14,9:21, 10:1, 10:11,10:20,11:9, 11:14,24:16,24:18, 29:7, 30:8, 31 :9, 32:12,37:23

permits (7) - 7:22, 8:4, 8:9, 10:22, 27:23, 33:1,38:7

permitted 1'3] - 9:7, 10:10,13:7,19:15, 24:11,25:1,25:8, 27:14,27:17,29:5, 31:1,32:2,41:10

permitting 11] - 38:1 perspective [21

- 15:18, 15:19

Petition 121 - 1:2, 3:9 petillon 1'1 - 36: 13 PEnnON 1') - 1:4 phrase I') - 42:20 phresesl,]-12:3 pick I') - 12:23 piping (2) - 26: 16, 26:18

PLAN I') -1:5 plants [1] - 26: 15 Plazel3) - 2:11, 2:15, 37:13

plow121 - 39:17, 39:19

PM 151-4:8,34:19, 34:21,35:1,35:5

point 18] - 6:20, 8:24, 11:7,11:16,12:9, 18:9, 26:9, 34:2

pollutent 13) -15:12, 

### p
P·11 11]- 44:19 p.ml') -1:18 PACIAS 11) - 2:5 page (8J - 7:15, ,25:11,27:19,29:7,

, 30:15,39:20,40:9 PAGE I'J - 3:1 pages I'] - 44:8 panel 1'1 -19:11 paragraph 13J - 29:6,

, 40:13,40:14 part 16] - 5:5, 12:7, 12:12,26:20,26:21,

, 41:5

often 13J - 9:2, 9:17, 10:21

oncel2J -18:5, 22:1 One (7) - 2:11, 2:15, 5:15,23:18,28:13, 32:25, 37:12

one 1211- 4:23, 11:16,13:5,14:8, 15:5,19:17,22:14, 25:11, 27:25, 28:15, 29:17,29:20, 30:7, 31:11,31:18,31:25, 32:10, 39:22,40:21, 43:3

one-time (1)

- 22:14 ones 13)- 17:19, 17:24,28:6

Open 11) - 39:12 open 12) - 16:21, 24:19

operallng 11J - 31:3 operallon 11]-14:23 operations-'21 - 14:23,38:3

op]nlon 11] - 19:3 opportunity J3) - 6:9, 35:8,35:21

Opposed 13J - 36:8, : 42:3,43:9 I opposed I2J - 19:15,

19:22

order11J - 4:23 Ordinances 11] - 37:9

organic I') - 26:15 organization 11J

- 6:6

origlnall'J - 43:2 originally 11) - 38:11 otherwise 11) - 36:25 Outreach 1']- 3:14 overiy 11] - 37:20

- -- --------- ---------- -- j**~._----** -----,-------- KATHY TOWNSEND COURT REPORTERS 505-243-5018AQCB HEARING, 10/14/09 

### 7

scenarfo 13)- 23:6, 25:6,32:15

scenarios 121

- 26:25, 31 :22

scope 1'1 - 37:20 Second 1'1- 35:13, 36:4, 36:5, 39:9

second 151- 35:14, 36:3,39:6,39:10, 40:16

Section 1'7) - 5:12, 15:22,25:13,27:16, 30:15,39:21,40:2, 40:6,40:9,40:10, 40:11,40:12,40:15, 41:22,42:6

section '21- 29:6, 29:19

SeclionS'l]

-41 :22 see 16'- 14:24, 22:14,25:7, 27:2, 29:16,32:1

seem (11- 14:20 send (3) - 17:24, 16:12,22:22

sending 1'1 - 33:5 senl8

### m- 14:6, 15:14,16:16,16:16, 16:20,30:6,41:14 sent (1]- 18:1 sentence [1J

- 40:25 September"1- 35:19

seVenl1! -40:15 severtty 1')- 10:14 shall 

### m-5:13, 29:6, 29:22, 29:25, 39:2, 39:23,40:4

shared f')- 24:14 sheet "1- 6:20 shopSI'I- 7:25 shorthand 1'1 - 44:7 showing 11) - 32:2 Showln9l'l- 3:10 shrtnkf'l- 36:10 shutdown 1')- 26:25 shyI') -19:5 sign (3) - 6:2, 6:16, 6:19

sf9ned ('1

- 6:2, 33:23,36:10,36:11

slmpfe 1'1- 29: 17 sfmpfy 1')- 27:25 SIPI51-1:5,19:4, 19:6,36:22,36:25 sllf31-11:24,12:5, 12:13 I') - 21:2

Record I') - 39:5 record f'l - 5:5, 6:6, 6:15,6:15,6:20, 12:13,34:7,41:23

records,,)- 11 :22 Records"I- 39:4 reduce**I~** - 15:3, 15:11

· reduced f'l- 44:9 reducing**~)-** 16:12. 17:14,24:25

reemphasize 11) - 10:19

refers (3)- 25:12, 27:16,31:15

reg 13)- 16:19, 16:21,17:1

regarding f,I-7:13 regardsf51 - 6:25, 21 :3, 23:21, 26:2, I 32:10 I Re910n 12) - 16:13,

, 16:15 regional I') - 14:13 Registerf3) - 16:7, ; 20:15,27:16 !I registered (13J - I 19:14,19:22,20:1, ; 21:12,21:19,21:22, 

### i 22:4,22:5,22:17,

24:10,27:17,30:9

registration (2] - 27:14,37:23

registrations lei - 7:23,7:24,6:6,6:10, 6:13,27:23,37:24, 36:6

regs 1'1 - 16:6 regularf') - 5:7 regulation 124) - 9:4, 9:5,9:16,10:9,10:16, 10:21, 11 :13,14:22, ! 15:1,16:16,20:9,

, 20:10,20:11,21:21,

22:12, 22:25, 23:23,

· 23:24, 24: 1, 24:2,

· 24:3, 25:6, 30:9,

37:16 I Regulations 13) - : 16:2,36:20,37:9 I regulations (9) -

· 5:11,6:25,14:2,

· 19:13,26:5,36:22,

· 37:2,37:5,36:25 Refnlcke 121- 44:3,

, 44:19 related 131 - 6: 11, 11:17,44:12

relaxation [11- 19:4 T----- refaxlng II) - 19:6 remember111- 5:2 REMEMBERED f') - 1:13

removln91') - 21:17 repealf"- 37:2 repeatln9 1') - 19:16 repeats I') - 6:13 Report f')- 25:14 I report (26) - 7:21,

6:13,9:2,9:13,9:17, 10:12, 11 :3,11:9, 12:7,13:12,16:1, 21:12,25:9,29:6, 29:9,29:22,30:1, 37:21,36:7,39:24, i 39:25, 40:4, 40:6,

,

1 41:1,41:11,41:16 reported II) - 44:6 reporter (1]

- 6:5 Reporter I') - 44:4 REPORTER'S I') - 44:1

reporting ,,,,- 4:24, 7:13,7:14,7:16,9:4, 9:7,16:10,16:12, 17:13,17:14,19:14, 19:21,25:1,29:3, 29:4,29:12,42:10, 42:13

Reporting [2)

- 29:1, 39:21

reports (81- 6:3, 6:5, 9:24,10:3,10:24, 12:20,21 :24,36:6

represent 1') - 6:7 request (3) - 11 :23, 26:6,34:6

require "7) - 6:3, • 6:5,6:9,6:12,9:6,

11:12,11:13,16:20, 19:13,19:21,22:6, 22:14,22:16,25:6, 33:2, 36:6, 36:7 ': requlred l15I-7:19,

, 10:3,10:4,10:10, I 10:21,29:7,30:1,

30:10,30:11,39:4, 39:24,40:5,41:1, 41 :10

requirement [1I!i! • 7:16,9:6,10:9,10:22, 15:25,17:15,19:25, 20:16,21:12,21:19, 22:9,24:17,26:5, 29:3,29:12

REQUIREMENTS I') : - 1:4 Requirement. lei • : 3:12,4:12,7:10,7:12,

# -r----------i ------

1 7:20, 29:1, 36:21,! 

## S

39:21 I I requirements 126'- I ! 7:14,7:15,9:20, 110:19, 14:2, 16:6,

, 16.11,16.12,16.13, 

### ! 16:23,17:12,17:13,

17:14,20:12,20:13, 21:17,27:21,29:4, 29:5, 29:21, 29:25, 37:6,37:15,39:22, 40:3,42:10

reqUires,.) - 7:21, 9:4,14:1,36:24

requlrtng f"- 37:20 resolution 11) - 36:15

Resolution 1'1- 36:16

resolved 1'1 - 36:20 resOUrceS!1!- 22:15 respect I') - 9: 16 respectfully 1'1 - 34:6

respond**I~** -12:12, 23:12**responsef~** - 6:21, 13:15

rest I') -13:9 restate f,)-17:9 resulll'I-11:5 retain 111- 36:12 Review**I~** - 3:10, 7:16

revl_I')- 16:6, 31:9,35:6,35:21

reviewed f')- 19:2 revl_lng f'l- 16:23 reviews 1'1- 17:25 REVISION f'l- 1:5 revision f21- 36:22, 36:25

rockf') - 14:22 rock-erushlng 11] - 14:22

rule

### m-6:14, 17:22,

. 16:17,16:21,16:24,

26:14,36:12

rule-maklng (21 - 17:22, 16:17

Rulemaklng [1]- 37:16

rules 1'1 - 4:25, 17:16,17:20,17:24, 16:3,16:10,16:14, 16:15,21:11**runl~-11:12,** 12:15 i slle I') - 42:23 slip (,) - 14:5 small 1')- 7:24, 7:25, : 8:9,25:1,37:25,38:2
'I lmallerr21· 13:3,

36:8

social 1'1- 5:18 Sometimes 13) - 9:25, 10:25, 11 :25

sometimes (2]

- 10:2,11:1

somewhat [31 - 11:16,14:4,32:20

SOPSI'I- 17:22 sorryI2,-17:6, 40:10

sort (3) -19:7,28:18, 29:15

sound I') - 42:17 SOUrceI16J-10:10, 25:6,26:10,26:24,

· 27:20, 28:4, 29:21,

29:24,30:7,30:6, 31:1,39:22,39:24, 40:2, 40:5, 40:25**Sourcesl~** - 7:23, 29:7 I sourceS(411-5:18,

7:21, 8:4, 8:6, 8:13, 9:8,9:16,13:4,13:8, 13:10,16:21,19:14, 19:15,19:22,19:23, 20:1,20:19,21:12, i 21:19,21:23,22:4,

22:5, 22: 17, 24: 10, 24:11,25:2,27:14, 27:17,27:18,30:10, 32:23, 33:2, 37:22, 37:24, 36:2, 36:6, 36:6,38:10,36:13, 41:10

specific**f~** - 17:1, 29:6

specifically 1')- 11:20 specified 1'1 - 29:9 stall

### m-21 :21,

, 22:1,27:2,28:21,
• 38:24, 39:2, 42:5 Stakeholder['1 • ! 3:14 stand ['1-13:13 standard f31 - 9:9, 16:16,24:15

slandardsj4) - 14:15,15:2,37:4,

· 37:5 I standln9I')- 25:7 ! standpolnl131-

· 14:7,21:1

._, _ _ 1
. _ _, . _ _ _ _ KATHY TOWNSEND COURT REPORTERS 505-243-5018AQCB HEARING, 10/14/09 

### 8



### , KATHY TOWNSEND COURT REPORTERS 505-243-5018 

### y year[31- 20:17, 25:18

years ['1- 9:10 yourself I'] - 6:5 37:17

wide (2) - , 2:22, 12:25

wish ['I - 6:4 wishes [21 - 4:22, 5:25

wishing (1) - 33:25 witness [3j - 6:8,

. 6:11,6:12 wood 141 - 7:25,

, 22:10,22:19,22:23 world (1) - 32:3 : write (2) - 14:21,

17:25

, written (31- 22:12,

, 23:24, 24:17

- -- - I 

# v United I'] - 37:7 universe I') - 38:10 unless 13) -18:19, 38:8,39:17

up (19)

- 6:2, 6:3, 6:18,11:16,12:13, 14:5, 14:14, 19:9, 20:'5,24:3,24:19, 27:11,31:14,31:22, I 32:19,33:9,33:23, '. 36:10,36:11 update [') - 4:13 updating (1) - 37:18 upset I'] - 26:25 upsets 111- 42:21 UPSON 131 - 2:4, 35:12,36:4

Upson [3] - 4:20, 35:14,36:5

utilize [21 - 15:5, 33:16

utilizes 1'1 - 9:8

walk(1)-12:14 wants 121 - 6:18, 11:22 warrant I') - 38:18 ways [2]

- 27:24, 28:13

weight I'] - 5:13 welfare [1)

- 5:16 whatsoever (1) - :' 44:13 Whereas (2]

- 36:23. 38:15

whereas (2) - 37:9, i I 

### , I valueI11-5:18 various (2) - 9:25, 10:25 versu812] - 32:2, 32:6

Vice [21 - 2:4, 4:19 Viewl2J - 8:18, 32:9 Vincent 13] -1:15, 4:4,37:1 ,

violation (4) - 10:15, 10:16,11:6,24:19 vis 121 - ,4:2 vls-a-vlsI1]- 14:2 vtslbliltYll) - 5:17 volatile 1'1- 26:15 Vote 14) - 35:17, I 36:7, 42:2, 43:8

I, 

## w 

# ,f------
..... u , thresholds 151 -

20:7,20:8,20:12, 38:1

tighten 111 - 15:2 TItleI2]-4:13,20:14 TOI31-1:4,1:5 tonight [7] - 5:6, 5:20,16:3,18:20, 19:1,21:17,22:13

. tons (2) - 20:17
" tool(2)-14:13,

20:23

tools [2]

- 14:8, 15:5 Townsend 11) - 4:23

I track 1'1- 9:22

trecked (2) - 9:2, ! 10:23

trenscrlpl(21 - 4:22, 44:8

trigger (1) - 38: 1 true (3J - 26:23, 41 :9, 44:8

truly(1) - 42:22 try151 -13:3,13:8, 18:4,23:5,29:16 trying 16] - 12:14, 16:7,17:1,18:9, 24:22, 24:23

tum(1)-10:15 turned (1) - 23:10 turns [1J

- 32:19 two [7] - 5:17, 23:16, 24:6,24:7,29:20, 29:24, 30: 14

type [10J - 14:21, 15:13,22:4,29:5, 30:7,31:5,31:6, 31:16,32:17,33:8

types I') - 14:23 typical I'] - 11 :21 typlcallYllol- 9:14, 10:4,10:15, ,2:4, 12:19, 12:23, 13:9, 31:13,31:20,33:6

Typically I'] - 31:1

unanimously 14] - 

### ! 35:18,36:9,42:4, 

### i 43:10 i unchanged 11) - 41:7 under 118)- 7:2, 10:9,10:10,19:12, 21:11,23:8,23:11, 23:24,26:14,27:21, 28:5, 29:21, 29:25, 39:23,40:3,40:24, 44:4,44:9 r-- ---..----------- 

### T 41:19

supervision 12) - 44:5,44:10

supportable [1J • 31:9

supposed (1) - 28:3 survey141- 22:22, 33:5,33:6,33:12

. sworn 14] - 5:3, 5:4,

, 6:5,7:2

. syntax (1]

- 25: 15



### , 

# , i-------·-.

table 121- 6:3, 8: 19 target 11) - 22:10 tasked 111-15:15 TAVAREZ 127) - 3:2, 6:24,7:1,7:5, 14:4, 19:16, 19:24, 20:4, 2':14,21:20,23:16, 24:13,25:3,25:24, 26:13,27:4,27:6, 28:7,28:11,30:5, 30:21,33:4,33:15, 34:5,34:12,41:12, 42:9

Tavarez (7J

- 3:15, 7:7,13:17,13:24, 21:9,27:11,30:3

tenninology[11- 12:2 tennsI21-12:3, 27:13

test 131 - 20:3, 23:6, 31 :16

testified 121 - 6:7, 7:3 testify12) - 6:1, 33:24

testimony (14)

- 5:3, 5:4, 5:21, 5:23, 6:4, 6:12,6:13,6:14,8:18, 6:21,6:23,27:15, 34:1,38:16

TESTIMONY1'1 - 7:4 Testimony (2)- 3:3, : 3:15 testing [4] - 31:15, 31:21,32:17,32:19

text I'] - 40:12 lllE[6] -1:1,1:4, 1 :5, 1 :10, 13:21 themselves [1J

- 24:19

theoretically [1)

- 26:17

therefore [1) - 38:20 thinking 1'1- 30:19 threshold [lJ - 20:3 startI3)-6:17, 14:14,14:15 started 121 - 4:2, 21:21

startups ['I - 26:24 STATElll-1:5 State 13) - 15:22,

· 39:3,39:5
! state(5)

- 16:4,

17:12,19:20,20:1,
" 23:25 statement [1)

- 26:21 States 11) - 37:7 stating 1'1- 40:25 stationary [3] - 9:16, j 21:1,32:23 statute ['1- 23:25 statutory 12) - 16:12,

· 17:15 I stenographic 1'1- i 44:7

, stepI21-18:13,

18:16

slill(7]-11:18, 18:23,25:7,25:8, 25:20, 34:17,40:24 I straightforward [1] - I 3' :11 I strategies 111

_15:11 I stringent 11) - 20: 11

, studies (1) - 15:25 stylistic 1'1- 30:,7 subject '2] - 5: 10, I 5:19 I SUBMIT[') - 1:5 I submit [17]

- 4:12,

, 11:22,12:21,16:17,

29:7,29:9,29:22, 30:1,33:2,38:24, 39:3, 39:23, 39:25, ,40:4,40:6,41:1,

, 41:10 submittals [21 - 12:8, 12:17

submitting 121 - ; 21 :23,36:21 Subsection (9) - • 27:21,27:22,28:5, I 29:2,29:",29:22,

, 29:25,39:23,40:13 SUbsection 111- 40:3 I Bubslance (11- 39:5 substantive 11/-

, 30:18 suggest I'] - 24:24 suggested 1'1- 42:6 Sullivan 14J - 4:20, 28:24,36:1,41:12

SULLIVAN [5] - 2:5, 28:25, 35:25, 41.9,