Bill Richardson

Governor

State of New Mexico

Office ofthe 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: Request for approval of a revision to the New Mexico State Implementation

Plan for Air Quality (SIP) by amending 20.11.47 NMAC, Errissions Immtary

RffJuirenwts

Dear Dr. Armendariz:

I am writing to request approval of a revision to the New Mexico State Implementation Plan for air

quality (SIP). Specifically, I am submitting docwnentation to substantiate the proposed ~visiQP to

the SIP by amending 20.11.47 NMAC,Errissions ImmtaryRffJuirenwts. t'3 I

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

amendments on October 14, 2009, after a public comment period and correspondi!11iiab1n;;-

hearing held on the same night. I believe that the submitted materials provide adeciJilfte.-,,- ..:..i

documentation to support the requested SIP revision. fi' \; i:)~

<::> t::J

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

"

1) SIP Completeness Checklist pursuant to 40 CPR 51 Appendix V

2) Hearing record, including transcript and exhibits

3) Comments and responses

4) The final AQCB-adopted SIP revision for the regulation, 20.11.47 NMAC,

Emissions Inventory requirements

5) Other supporting documentation

State Capitol • Room 400 • Santa Fe, 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

contact John Soladay; Director of the Albuquerque Environmental Health Department (EHD), at

(505) 768-2615.

Sincerely,

BRlf1

cc:

Bill Richardson

Governor of New 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 LETTER FROM EHD DIRECTOR TO

GOVERNOR
CiTY OF ALBUQYERQYE

ENVIRONMENTAL HEALTH DEPARTMENT

Martin J. Chavez, Mayor

October 19, 2009

Honorable Bill Richardson

Governor, State of New 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, Emissions Inventory 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 provided by 40 CFR 51, Appendis V and 40 CFR Part 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 by way of publication in the Federal Register.

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 SIP revision.

1

AlouqIterqu& - AfdRJ"r,g Hirf()f')' /706-2006
To facilitate your review, the following materials are enclosed:

1) SIP Cumpletene» CheckJi,t pur,uant tu 40 CFR 51, Appendix V

2) Hearing records, including transcripts and exhibits

3) Comments and responses

4) The final AQCB-adopted SIP revision for the regulation,

20.11.47 NMAC, Emissions Inventory requirements

5) Other supporting documentation

Your favorable consideration of this request is appreciated. If you have any questions,

please contact me at (505) 768-2600.

ue Environmental Health Department

cc: Mr. Jens Deichman, Board Chair, Air Quality Control Board

Isreal Tavarez, Environmental Engineering Manager, Air Quality Division

Margaret Nieto, Control Strategies Supervisor, AQD

Enclosures

2
Proposed Revision to the New Mexico State Implementation Plan to Incorporate an

Amended 20.11.47 NMAC, Emissions Inventory Requirements

October 2009

SIP COMPLETENESS CHECKLIST

For regular processing

(Per 40 CFR 51 Appendix V)

2.1 Administrative Materials

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(a) A formal letter ofsubmittal from the Governor or his designee, requesting

EPA approval ofthe plan or revision thereof (hereafter "the plan").

X YES NO N/A

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

Governor ofthe 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, the Albuquerque-Bernalillo County Air Quality Control

Board (AQCB) held a public hearing to adopt amendments to 20.11.47

NMAC, Emissions Inventory Requirements. The amended regulation was

filed with the New Mexico State Records Center (NMSRC) on 10/16/09,

and became effective locally on III16/09.

Attachment A 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 page indicates the date oftransmittal.

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

adopt and implement the plan.

X YES NO

Page I of 4

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

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

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

Pollution Control Agency; Specific Duties and Powers ofthe Department

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

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

made (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 of the

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

itself. If the 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 of chapter, depending on

size, and separate files for each distinct document) unless otherwise agreed to by

the State and Regional 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 of the regulation indicates that the regulation is fully

enforceable by the state. This amended regulation will be published in the New

Mexico Register on 10/30/09 (Volume XX, Issue 20). See Attachment C.

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

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

plan.

X YES NO N/A

See NMAC Transmittal Form in Attachment B. This certifies that this amended

rule has been properly filed with the NMSRC,

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

procedures approved by EPA; including the date ofpublication ofsuch notice.

X YES NO N/A

See AQD Exhibits #2a. 2b and 2c, in Attachment D. These provide evidence

that notices were published in the local newspaper and the New Mexico Register,

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

Page 2 of4
quality listserve. The New Mexico Air Quality Control Act at 74-2-6C NMSA

1978, Adoption ofregulations; notice and hearings requires a 30-day notice.

(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, if applicable

and consistent with the public hearing requirements in 40 CFR 51.102.

X YES NO N/A

See certified hearing record transcript in Attachment E.

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

X YES NO N/A

Staff received no public comments, but comments were received by

stakeholders and responded to accordingly by staff. See AQD Exhibits 3b, 3c,

3d and 3e in Attachment D.

2.2 Technical Support

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

-.lLYES NO N/A

These regulations apply to all regulated pollutants.

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

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

for the affected area(s).

---.X.. YES NO N/A

All affected sources are located within Bernalillo County. Bernalillo County is

currently designated as an attainment area for CO under a Limited Maintenance

Plan (LMP). This designation was published in the Federal Register on July 21,

2005 [Vol. 70, No. 139].

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

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

or, where appropriate, quantification of changes in actual emissions from

affected sources through calculations ofthe differences between certain baseline

levels and allowable emissions anticipated as a result 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 if the plan is 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 of the Act, a

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

primary ambient air quality standards for at least 10 years as required by Section

175A ofthe Act.

NO N/A

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

demonstration, or visibility.

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

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

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

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

relevant to the determination of adequacy ofthe modeling analysis.

YES NO ---.2L N/A

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

emission reduction technology.

YES NO ---.2L N/A

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

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

levels.

_X_YES NO N/A

See 20.11.47 NMAC, shown in Attachment A

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

determined in practice.

--

X YES NO N/A

See 20.11.47 NMAC, shown in Attachment A

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

policies, or an explanation ofwhy such justifications are not necessary.

YES NO ---.2L N/A

Page 4 of4
ATTACHMENT A

Copy ofthe amended regulation asjiled with the NM State Records 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 owner or operator of every 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, Operating Pennits; or

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

B. Reporting requirements.

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

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

than annually.

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

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

report more frequently than annually.

[~Jill The department will provide a complete copy of an owner or operator's submitted emissions

report when requested in writing by the owner or operator.

[~lID The owner or operator shall submit to the department a complete, correct and current

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

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

[~I~ Except as provided in Paragraph [~lfQl of Subsection B of20.11.47.14 NMAC, if the owner

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

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

[fS)J@ Sources required by a pennit to submit an annual emissions report on a specific date shall

submit the report on the specified date.

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

20.11.47.14 NMAC shall include:

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

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

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

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

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

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

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

shall be made as required by 20.11.42 NMAC;

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

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

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

(c) schedule of operation;

(d) annual process or fuel combustion rates;

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

(I) [estimatea] actual emissions estimate in pounds per year oftota! suspended particulate,

PM I0, PM2.5, ammonia, sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead,

including fugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and

downtime;

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

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

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

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

Requirements, as amended.

D. Additional content ror emissions reports rrom sources in ozone nonattainment areas. In

addition to the contents required by Subsection C of 20.11.47 .14 NMAC, emissions reports from sources located in

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

information:

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

by the department;

20.11.47 NMAC
(2) [estimatea] actual emissions estimate of nitrogen oxides and volatile organic compounds in

pounds per day for a typical day during the peak ozone season for:

(a) each emissions point; and

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

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

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

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

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

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 of Subsections A through E of 20.11.47.14 NMAC, an owner may be subject to

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

Program.

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

20.11.47.15 GREENHOUSE GAS EMISSIONS INVENTORY REQUIREMENTS:

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

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

(I) has an active pennit issued pursuant to 20.11.41 NMAC. Authority to Construct, or 20.11.42

NMAC, Operating Pennits; or

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

B. Reporting requirements.

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

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

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

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

NMAC;or

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

emissions reporting year regi~tered in either the climate registry or the California climate action registry.

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

and reponing 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

reponing procedures;

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

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

greenhouse gas emissions quantification;

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

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

other sources or source types; and

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

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

greenhouse gas emissions from that source or source type.

C. Content of greenhouse gas emissions reports. Ifa greenhou..~e gas emissions report is required

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

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

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

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

[estimated] actual emissions estimate of greenhouse 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 required for transmittal ofregulations to the State Records Center

signed by Air Quality Control Board Chairman. The date stamp at the top

ofthe page indicates the date offiling.
NMAC TRANSMITTAL FORM

"lin Wll., STATE ~rCMOS entnft

2009 OCT 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

".- ..... . .~.,•.

IFAX /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 list att-3chments

and Internet site(s) if

applicable

1

2

Name: Mr. Jens Deichmann Check if delegated

authority
ATTACHMENT C

Copy ofthe amended regulation as published in the New Mexico Register
New 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 owner or operator of every stationary source,

located within Bernalillo county that:

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

NMAC, Operating Permits; or

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

B. Reporting requirements.

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

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

than annually.

(21 A source that meets requirements under Paragraph (21 of Subsection A of20.11.47.14 NMAC

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

report more frequently than annually.

[~]ill The department will provide a complete copy of an owner or operator's submitted emissions

report when requested in writing by the owner or operator.

[~lffi The owner or operator shall submit to the department a complete, correct and current

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

pollutants included in the pennit requested for any specified ealendar year.

[{<!jlill Except as provided in Paragraph [~](Q} of Subsection B of20.11.47.14 NMAC, ifthe owner

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

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

[{S}].ffi} Sources required by a permit to submit an annual emissions report on a specific date shall

submit the report on the specified date.

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

20.11.47.14 NMAC shall include:

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

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

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

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

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

to the best knowledge and belief of the certifYing official, and ineluding the full name, title, signature, date of

signature, and telephone number ofthe certifYing official; for sources subject to 20.11.42 NMAC, the eertification

shall be made as required by 20.11.42 NMAC;

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

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

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

(c) schedule of operation;

(d) annual process or fuel combustion rates;

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

(0 [estimates] actual emissions estimate in pounds per year of total suspended partieulate,

PMIO, PM2.5, ammonia, sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead,

including fugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and

downtime;

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

(h) a description ofthe methods utilized to make the estimates, ineluding calculations;

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

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

Requirements, as amended.

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

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

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

information:

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

by the department;

20.11.47 NMAC
New Mexico Register / Volume XX, Number 20 / October 30, 2009

(2) [estimated] actual emissions estimate of nitrogen oxides and volatile organic compounds in

pounds per day for a typical day during the peak ozone season for:

(a) each emissions point; and

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

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

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

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

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

nonattainment; and

(2) emissions reporting required by the federal act.

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

complying with the requirements of Subsections A through E of20.1 1.47.14 NMAC, an Owner may be subject to

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

Program.

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

20.11.47.15 GREENHOUSE GAS EMISSIONS INVENTORY REQUIREMENTS:

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

located within Bernalillo county that emits a greenhouse gas as defined in Subsection J of20.11.47.7 NMAC and:

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

NMAC, Operating Penmits; or

(2) is required to file a source registration pursuant to 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 required by the

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

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

NMAC;or

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

emissions reporting year registered in either the climate registry or the California climate 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 of the reports and greenhouse gas emissions

reporting procedures;

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

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

greenhouse gas emissions quantifieation;

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

gas emissions from a particular 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 of the emissions, emissions of a

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

greenhouse gas emissions from that source or source type.

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

by Subparagraph (a) of Paragraph (1) of Subsection B of20.11.47.15 NMAC, then the report shall contain the same

infonmation required by Paragraphs (1) through (4) of Subsection C of20.11.47.14 NMAC as well as the following

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

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

[estifRateEl] actual emissions estimate of greenhouse 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

Hearing Exhibits
BEFORE THE ALBUQUERQUE - BERNALILLO COUNTY

AIR QUALITY CONTROL BOARD

-u 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'"

r',,)

PLAN (SIP)

AQCB Petition No. 2009-_5_

Air Quality Division,

Environmental Health Department,

City of Albuquerque, Petitioner

CITY OF ALBUQUERQUE'S NOTICE OF INTENT TO PRESENT TECHNICAL

TESTIMONY

Pursuant to 20.11.82 NMAC, Rulema/dng Procedures - Air Quality Control Board, the

City ofAlbuquerque Enviromnental Health Department, Air Quality Division ("the Division")

hereby submits its Notice oflntent (NOI) to present technical testimony in this proceeding.

1. The person for whom the witness will testify.

2.

City ofAlbuquerque Enviromnental Health Department, Air Quality Division

The name and qualifications of each technical witness.

,

'.

.,

Neal T. Butt. Enviromnental Health Scientist, Control Strategies Section, AI~Quallty

Division. M.S. Biology (Wildlife Biology), University ofNorth Dakota; B.S. Biology,:, ,",

(Zoology), University ofNew Mexico; AAS. Criminal Justice, Central New Mexico:'::, ,." ., ,

Community College; AAS. Enviromnental Protection Technology, CNM; WERC W!i5te ~::J

Management Certificate, UNM Chemical & Nuclear Engineering Department. Employed the

City ofAlbuquerque's Enviromnental Health Department for 12 + years; the last eight ofwhich

have been with the Air Quality Division. Chiefresponsibility is the promulgation of air quality

regulations for implementation within the County ofBernali11o.

Isreal Tavarez. Environmental Engineering Manager, Air Quality Division.

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

Registered Professional Engineer (New Mexico). Employed by the City ofAlbuquerque's

Enviromnental Health Department, Air Quality Division for 13 + years. Previously employed by

Notice ofIntent Page 1 of 4
the State of New Mexico, Air Quality Bureau (1994-1996). Chief responsibility is the oversight

ofthe regulatory programs in the Air Quality Division.

3. Summary and Estimated Duration of Testimony

Mr. Tavarez's written testimony is attached as AQD Exhibit # 4. Mr. Tavarez will testify

that 20.11.47 NMAC should be amended.

The Division is petitioning the Board to amend 20.11.47 NMAC for the following

reasons:

# 1. The current language at 20.11.47.14.B.(I) NMAC is overly broad in scope,

requiring an annual emissions inventory report for all air pollution sources, including those with

an air quality 'permit' and those with only an air quality 'registration'. Air pollution sources

issued 'registrations' emit only small amounts of pollution, and thus do not trigger air quality

'permitting' thresholds (e.g. sources such as small generators and small manufacturing

operations). The proposed language for 20.11.47.14.B.(I) NMAC would provide the

Environmental Health Department the flexibility to require emissions reports from sources with

air quality 'permits', but not require a report from all the smaller sources with 'registrations',

unless it becomes necessary in the future. This will shrink the universe of affected sources down

to that which was originally intended the last time this rule was amended, and at the same time

retains the flexibility to include more sources in the future if necessary.

# 2. To incorporate public comments

# 3. To fix style and formatting

It is anticipated that the hearing will take approximately 1 hour or less.

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

Notice ofIntent Page 2 of 4
--------- -_._--------- ---

The Division recommends the proposed amendments to 20.11.47 NMAC, Emissions

Inventory Requirements as proposed in the Public Review Draft shown as AQD Exhibit 1a.

5. List and Description of Exhibits

The Division has attached the following exhibits to this Notice of Intent:

Exhibit Number

AQD Exhibit 1

AQD Exhibit 1a

Title of Exhibit

'Petition to Amend' filed on June 23, 2009

Public Review Draft {attached to AQD Exhibit 1} showing proposed

amendments to 20.11.47 NMAC, Emissions Inventory Requirements;

AQD Exhibits 2 albic Public notices of hearing, including the legal advertisement ofthis hearing

in the Albuquerque Journal {2a} and the New Mexico Register {2b}, as

well as the 'Notice of Availability ofthe Public Review Draft' which was

sent to the Air Quality Announce List Serve as well as a list ofthose

individuals' e-mail addresses {2c}

AQD Exhibit 3alb/c/d/e Stakeholder Outreach: Notice of Availability of Stakeholder

Review Draft {3a}; Comments, Mr. Hershberger, UNM {3b}; Comments,

Mr. Zumwalt, UNM {3c}; Comments, Mr. Finegan, Riverside Funeral

Home of Albuquerque {3d}; AQD Response {3e}

AQD Exhibit 4

AQD Exhibit 5

Direct Testimony by AQD

Draft Agenda, Air Quality Control Board, for October 14, 2009

6. Reservation of Rights

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

to Amend. The Division reserves the right to call any person to testify and to present any exhibit

in response to another notice ofintent or public comment filed in this matter or to any testimony

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

a rebuttal witness and to present any exhibit in support thereof.

Notice ofIntent Page 3 of 4
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

I hereby certify that on September 29,2009, an original and nine copies ofthis Notice of Intent

to present technical testimony (NOI), with attached exhibits were delivered to the following

person-for filing.

...JeW

Janice Atnuld wn"ltd

Air Quality Control 'Board Liaison I Hearing Clerk

Environmental Health Department

One Civic Plaza, NW, Suite 3023

Albuquerque, New Mexico 87103

And that on September 29,2009, a copy ofthis NOI with attached exhibits was sent to the

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

Bill.grantham@state.nm.us

Isr!iTh~ I J

Environmental Engineering Manager

Air Quality Division

Notice ofIntent Page 4 of 4
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AQD Ex. #1- Petiton to Amend 20.11.47

NMAC, Emissions Inventory Requirements,

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 for the 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 of Albuquerque, Petitioner

Petition to amend 20.11.47 NMAC, Emissions Inventory Requirements, and submit

amendments to EPA as a revision to the SIP

The Environmental Health Department ofthe City ofAlbuquerque, by and through the

Air Quality Division (AQD), asks the Albuquerque-Bernalillo County Air Quality

Control Board (Board) for a hearing at which the Board will hear AQD's request that the

Board adopt amendments to 20.11.47 NMAC, Emissions Inventory Requirements, and

submit these amendments to EPA as a revision to the State Implementation Plan (SIP).

This Petition includes a request for a hearing on these matters and permission to provide

a court reporter and hearing officer for 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 amended through 2007] authorizes and requires the

Board to adopt, amend, or replace air quality regulations and to adopt air quality plans

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

", .

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2. The current language at 20.11.47.14.8.(1) NMAC is overly broad in scope,

requiring an annual emissions inventory report for all air pollution sources, including

those with an air quality 'permit' and those with only an air quality 'registration'. Air

pollution sources issued 'registrations' emit only small amounts of pollution, and thus do

not trigger air quality 'permitting' thresholds (e.g. sources such as small generators and

small manufacturing operations). The proposed language for 20.11.47.14.8.(1) NMAC

would provide the Environmental Health Department the flexibility to require emissions

reports from sources with air quality 'permits', but not require a report from all the

smaller sources with 'registrations', unless it becomes necessary in the future. This will

shrink the universe of affected sources down to that, which was originally intended the

last time this rule was amended, and at the same time, retains the flexibility to include

more sources in the future if necessary.

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

4. The proposed Public Review Draft for 20.11.47 NMAC, Emissions Inventory

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 of Albuquerque

One Civic Plaza, NW, Room 3047

Albuquerque, New Mexico 87103

(505) 768-1965

CERTIFICATION

I hereby certify that a copy ofthis Petition to Amend 20. I 1.47 NMAC, Emissions

Inventory Requirements and submit amendments to EPA as a revision to the SIP and

requesting a hearing was delivered to the following person on June 23,2009.

Janice Amend

Air Quality Control Board Liaison

Air Quality Division

Environmental Health Department

City of Albuquerque

One Civic Plaza, NW, Room 3023

Albuquerque, New Mexico 87103

3
20.11.47.4 DURATION: Permanent.

[20.11.47.4 NMAC - N, 5/1108]

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

[20.11.47.5 NMAC - N, 5/1108]

20.11.47.6 OBJECTIVE: The objective of 20.11.47 NMAC is to establish requirements both for submitting

inventories of air contaminants to ensure that the regulations and standards under the Air Quality Control Act and

the federal act will not be violated and to require submission of data to quantify greenhouse gas emissions in

Bernalillo county.

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

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

Environmental Health Department, P.O. Box 1293, Albuquerque, New Mexico 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 construct or modify a SOurce within Bernalillo county, but does not apply to sources in Bernalillo county t1mt ar<i:;;;;

located on Indian lands over which the 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 STATUTORY AUTHORITY: 20.11.47 NMAC is adopted pursuant to the authority provided ill,

the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint Air Quality Con@1 ;:

Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ord\tlllIlce;:-.

Revised Ordinances of Albuquerque 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 in 20.11.1

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

govern.

A. "Actual emissions" means the quantified emissions of a regulated air contaminant from a

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

preferentially used to detemtine actual emissions. In the absence of valid continuous emissions monitoring data or

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

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

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

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

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

assumptions.

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

thereof the operation ofwhich would limit, capture, reduce, confine, or otherwise control air contaminants or

convert for the pwposes of control any air contaminant to another fonn, another chemical or another physical state.

C. "California climate action registry" means the voluntary registry for greenhouse gas emissions

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

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

of oxygen.

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

continuous program of construction or modification.

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

including temporary installations and portable stationary sources.

G. "Emissions report" or "emissions inventory" means a listing, by source, ofthe amount of air

contaminants and greenhouse gas emissions discharged into the atmosphere.

I

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20.11.47 NMAC Public Review Draft 6/23/09 1
I H. "Fuel carbon content" means the mass of carbon per unit of heat content of a fueL

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

3 chinmey, vent, or other functionally-equivalent opening.

4 J. "Greenhouse gas" means any ofthe following: carbon dioxide, methane, nitrous oxide,

5 hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride.

6 K. "Greenhouse gas emissions reporting year" means the calendar year in which greenhouse gas

7 emissions required to be reported under 20.11.47 NMAC occurred.

8 L. "HYdrofluorocarbons" means gaseous chemical compounds containing only hydrogen, carbon,

9 and fluorine atoms.

10 M. "Methane" means the chemical compound containing one atom of carbon and four atoms of

II hydrogen.

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

13 stationary source that results in an increase in the potential emission rate of any regulated air contaminant emitted by

14 the source or that results in the emission of any regulated air contaminant not previously emitted, but does not

15 include:

16 (1) a change in ownership ofthe source;

17 (2) routine maintenance, repair or replacement;

18 (3) insta\lation of air po\lution control equipment, and all related process equipment and materials

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

20 pursuant to the federal Clean Air Act; or

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

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

23 capacity ofthe source;

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

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

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

27 curtailment or emergency a\location or any other lack ofsupply of natural gas.

28 O. "Nitrous oxide" means the chemical compound containing two atoms of nitrogen and one atom

29 of oxygen.

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

31 nonattainment area under Section 107 ofthe federal act.

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

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

34 S. "Perfluorocarbons" means gaseous chemical compounds containing only carbon and fluorine

35 atoms.

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

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

38. asphalt plants.

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

40 regulated air contaminant under its physical and operational design, provided a physical or operational limitation on

41 the capacity ofthe source to emit a regulated air contaminant, including air po\lution control equipment and

42 restrictions on hours of operation or on the type or amount ofmaterial combusted, stored or processed, shall be

43 treated as pall ofits physical and operational design only if the limitation or the effect it would have on emissions is

44 enforceable by the department pursuant to the Air Quality Control Act or the federal act.

45 V. "Potential to emit" means the maximum capacity of a stationary source to emit an air

46 contaminant under its physical and operational design, except that a physical or operational limitation on the

47 capacity of a source to emit an air contaminant, including air pollution control equipment and restrictions on hours

48 of operation or on the type or amount ofmaterial combusted, stored, or processed, shall be treated as pall ofits

49 design ifthe limitation is federa\ly enforceable; however, the potential to emit for nitrogen dioxide shall be based on

50 total oxides of nitrogen.

51 W. "Regulated air contaminant" means an air contaminant, the emission or ambient concentration

52 ofwhich is regulated pursuant to the New Mexico Air Quality Control Act or the federal act.

53 X. "Responsible person" or "responsible official" means the person designated in apennit or

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 of operation of air pollution control equipment, process

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

20.11.47 NMAC Public Review Draft 6/23/09 2
1 Z. "Stationary source" or "source" means a structure, building, equipment, facility, installation

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

3 contaminant; a research facility may group its sources for the purpose of 20.11.47 NM:AC with the prior written

4 approval ofthe director ofthe department.

5 AA. "Sulfur hexafluoride" means the chemical compound containing one atom ofsulfur and six

6 atoms offluorine.

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

8 Cc. "The climate registry" means the nonprofit corporation entitled "the climate registry" that is

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

10 a multi-state greenhouse gas emissions registry.

II DD. "Western backstop sulfur dioxide trading program" means 20.11.46 NMAC, iftriggered as a

12 backstop in accordance with the provisions of the section 309 regional haze state implementation plan elementfor

13 Albuquerque-Bernalillo county, New Mexico, 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 a variance 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 of 20.11.47 NMAC is held to be unconstitutional or otherwise invalid by any court or the United States

21 environmental protection agency, the decision shall not affect the validity ofremaining portions of 20.11.47 NMAC.

22 [20.11.47.9 NMAC - N, 5/1/08]

23

24 20.11.47.10 CONSTRUCTION: 20.11.47 NMAC shall be liberally construed to carry out its purpose.

25 [20.1 1.47.10 NMAC - N, 5/1/08]

26

27 20.11.47.11 SAVINGS CLAUSE: The filing of20.11.47 NMAC, Emissions Inventory Requirements, and the

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

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

30 filed pursuant to 20.11.47 NMAC. Prosecution for violation of a prior statute, ordinance, part or permit shall be

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

32 committed.

33 [20.11.47.11 NMAC - N, 5/1/08]

34

35 20.11.47.12 COMPLIANCE WITH OTHER REGULATIONS: Compliance with 20.11.47 NMAC does

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

37 [20.11.47.12 NMAC - N, 5/1/08]

38

39' 20.11.47.13 DOCUMENTS: Documents incorporated and cited in 20.11.47 NMAC may be viewed at the

40 Albuquerque environmental health department, Suite 3023, One Civic Plaza, 400 Marquette NW, 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 operator of every stationary source,

46 located within Bernalillo county that:

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

48 NMAC, Operating Permits; or

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

50 B. Reporting requirements.

51 (1) A source that meets requirements under Subsection A of20.11.47.14 NMAC shall submit an

52 emissions report [llflHUally] ifrequired by the department. A source is not required to submit an emissions report

53 more frequently than annually.

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

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

20.11.47 NMAC Public Review Draft 6/23/09 3
(3) The owner or operator shall submit to the department a complete, correct and currcnt emissions

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

included in the permit requested for any specified calendar year.

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

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

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

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

the report on the specified date.

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

20.11.47.14 NMAC shall include:

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

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

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

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

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

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

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

shall be made as required by 20.11.42 NMAC;

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

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

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

(c) schedule of operation;

(d) annual process or fuel combustion rates;

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

(I) [••li...at."] actual emissions estimate in pounds per year oftotal suspended particulate,

PMIO, PM2.5, ammonia, sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead,

including fugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and

downtime;

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

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

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

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

Requirements, as amended.

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

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

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

infonnation:

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

by the department;

(2) [estimat."] actual emissions estimate of nitrogen oxides and volatile organic compounds in

pounds per day for a typical day during the peak ozone season for:

(a) each emissions point; and

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

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

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

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

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

nonattainment; and

(2) emissions reporting required by the federal act.

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

complying with the requirements of Subsections A through E of20.ll.47.l4 NMAC, an owner may be subject to

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

Program.

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

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56 20.11.47.15

20.11.47 NMAC

GREENHOUSE GAS EMISSlONS INVENTORY REQUIREMENTS:

Public Review Draft 6/23/09 4
I A. Applicability. 20.11.47.15 NMAC applies to the owner or operator of every stationary source,

2 located within Bernalillo county that emits a greenhouse gas as defined in Subseetion J of 20.11.47. 7 NMAC and:

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

4 NMAC, Operating Permits; or

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

6 B. Reporting requirements.

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

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

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

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

11 NMAC;or

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

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

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

15 and reporting procedures, the department shall provide an opportunity for public 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 and best practices approved or recommended by federal

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

20 greenhouse gas emissions quantification;

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

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

23 other sources or source types; and

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

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

26 greenhouse gas emissions from that source or source type.

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

28 by Subparagraph (a) ofParagraph (I) of Subsection B of20.11.47.15 NMAC, then the report shall eontain the same

29 information required by Paragraphs (I) through (4) of Subsection C of20.11.47.14 NMAC as well as the following

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

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

32 [eSElHHKeEl] actual emissions estimate of greenhouse gases in pounds per year, 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 History of Repealed Material: [Reserved]

40

41 NMAC History: [Reserved]

42

20.11.47 NMAC Public Review Draft 6/23/09 5
ABQjouma Legals Page 1 of2

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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

(Air Board) will hold a public hearing in the Vincent E. Griego

Chambers located in the basement level ofthe Albuquerque-Bernalillo

County Government Center, 400 Marquette Avenue NW, Albuquerque,

NM. The hearing will address: Proposal to amend 20.11.47 NMAC,

Emissions Inventory Requirements, and submit this 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: The current language at 20.11.47.14.B.(I) NMAC is

overly broad in scope, requiring an annual emissions inventory report for

all air pollution sources, including those with an air quality 'permit' and

those with only an air quality 'registration'. Air pollution sources issued

'registrations' emit only small amounts of pollution, and thus do not

trigger air quality 'permitting' thresholds (e.g. sources such as small

generators and small manufacturing operations). The proposed language

for 20.11.47.14.B.(l) NMAC would provide the Division the flexibility

to require emissions reports from sources with air quality 'permits', but

not require a report from all the smaller sources with 'registrations',

clip unless it becomes necessary in the future. This will shrink the universe of

affected sources down to that, which was originally intended the last

time this rule was amended, and at the same time, retains the flexibility

to include more sources in the future if necessary. Following the hearing,

the Air Board will hold its regular monthly meeting during which 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 a revision to the SIP. 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. Hearings and meetings ofthe Air Board are

open to the public and all interested persons are encouraged to

participate. All persons who wish to testify regarding the subject ofthe

hearing may do so at the hearing and will be given a reasonable

opportunity to submit relevant evidence, data, views, and arguments,

orally or in writing, to introduce exhibits and to examine witnesses in

accordance with the Joint Air Quality Control Board Ordinances, Section

9-5-1-6 ROA 1994 and Bernalillo County Ordinance 94-5, Section 6,

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

and 20.11.82 NMAC, Rulemaking Procedures -- Air Quality Control

Board. Anyone intending to present technical testimony at this hearing is

required by 20.11.82.20 NMAC to submit a written Notice OfIntent to

testify (N0l) before 5:00pm on September 29, 2009, to: Attn: Hearing

Clerk, Ms. Janice Amend, Albuquerque Environmental Health

Department, P.O. Box 1293, Albuquerque, NM 87103, or, you may

deliver your NOl to the Environmental Health Department, Suite 3023,

400 Marquette Avenue NW. The NOl shall: I. identify the person for

whom the witness or witnesses will testify; 2. identify each technical

witness the person intends to present and state the qualifications ofthat

witness, including a description oftheir educational and work

background; 3. summarize or include a copy ofthe direct testimony of

each technical witness and state the anticipated duration ofthe testimony

ofthat witness; 4. include the text of any recommended modifications to

the proposed regulatory change; and 5. list and describe, or attach, all

exhibits anticipated to be offered by that person at the hearing, including

any proposed statement ofreasons for adoption ofrules. In addition,

written comments to be incorporated into the public record for this

hearing should be received at the above P.O. Box, or Environmental

Health Department office, 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 to jamend@cabq.gov and shall include the

required name and address information. Interested persons may obtain a

copy ofthe proposed regulation at the Environmental Health Department

office, or by contacting Ms. Janice Amend electronically at

jamend@cabq.gov or by phone (505) 768-2601 ,or by downloading a

copy from the City of Albuquerque Air Quality Division website

http://www.cabq.gov/airquality/aqcb/puhlic-review-drafts NOTICE FOR

PERSON WITH DISABILITIES: Ifyou have a disability and/or require

special assistance please call (505) 768-2600 [Voice] and special

assistance will be made available to you to review any public meeting

documents, including agendas and minutes. TTY users call the New

Mexico Relay at I-800-659-8331 and special assistance will be made

available to you to review any public meeting documents, including

agendas and minutes Journal: July 12,2009.

Published on July 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 of Bernalillo 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 a description of Iheir educational 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 modifications to

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 agendas and mll1tl1es

Journal: July 12, 2009.
964 New Mexico Register / Volume XX, Number 14 / July 31, 2009

NEW MEXICO

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.

Mexico Environmental

NEW MEXICO

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 of the

proposed regulation at the Environmental

Health Department office, or by contacting

Ms. Janice Amend electronically at

jamendiGlcabq.gov or by phone (505) 768-

260 J,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 have a disability and!

or require special assistance please call (505)

768-2600 [Voice] and special assistance

will be made available to you to review

any public meeting documents, including

agendas and minutes. TTY users call the

New Mexico Relay at I-800-659-8331 and

speeial assistanee will be made available to

you to review any public meeting documents,

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 the qualifications

of that witness, including a description of

their educational and work background; 3.

sununarize or include a copy of the direct

testimony of each technical witness and state

the antieipated duration of the testimony

of that witness; 4. include the text of any

recommended modifications to the proposed

regulatory change; and 5. list and describe, or

attach, all exhibits anticipated to be offered

by that person at the hearing, including any

proposed statement of reasons for adoption

of rules.

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 a revision to the SIP.

Hearings and meetings of the 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 if necessary.

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

submit this 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' emit only small

amounts of pollution, 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

of affeeted 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 a disability and/

or require special assistance please call (505)

768-2600 [Voice] and special assistance

will be made available to you to review

any public meeting 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 to review any public meeting documents,

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
Clear Day

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 not respond 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 County Air Quality Control Board (Air

Board) will hold a public hearing in the Vincent E. Griego Chambers located in the basement level of

the Albuquerque-Bernalillo County Government Center, 400 Marquette Avenue NW, Albuquerque,

NM. The hearing will address:

Proposal to amend 20.11.47 NMAC, Emissions Inventory Requirements, and submit this 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:

The current language at 20.11.47.14.B.(I) NMAC is overly broad in scope, requiring an annual

emissions inventory report for all air pollution sources, including those with an air quality 'permit' and

those with only an air quality 'registration'. Air pollution sources issued 'registrations' emit only

small amounts of pollution, and thus do not trigger air quality 'permitting' thresholds (e.g. sources

such as small generators and small manufacturing operations). The proposed language for

20.11.47.14.B.(I) NMAC would provide the Division the flexibility to require emissions reports from

sources with air quality 'permits', but not require a report from all the smaller sources with

'registrations', unless it becomes necessary in the future. This will shrink the universe of affected

sources down to that, which was originally intended the last time this rule was amended, and at the

same time, retains the flexibility to include more sources in the future if necessary.

Following the hearing, the Air Board will hold its regular monthly meeting during which 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 a revision to the SIP.

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.

Hearings and meetings ofthe Air Board are open to the public and all interested persons are

encouraged to participate. All persons who wish to testifY regarding the subject ofthe hearing may do

so at the hearing and will be given a reasonable opportunity to submit relevant evidence, data, views,

and arguments, orally or in writing, to introduce exhibits and to examine witnesses in accordance with

Q1741700Q
Clear Day Page 2 of2

the Joint Air 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 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.O. Box 1293,

Albuquerque, NM 87103, or, you may deliver your NO! 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 state the

qualifications ofthat witness, including a description oftheir educational and work background; 3.

summarize or include a copy ofthe direct testimony of each technical witness and state the anticipated

duration ofthe testimony ofthat witness; 4. include the text of any recommended modifications to the

proposed regulatory change; and 5. list and describe, or attach, all exhibits anticipated to be offered by

that person at the hearing, including any proposed statement ofreasons for adoption ofrules.

In addition, written comments to be incorporated into the public record for this hearing should be

received at the above P.O. Box, or Environmental Health Department office, 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 to

jamend@cabq.gov and shall include the required name and address information. Interested persons

may obtain a copy ofthe proposed regulation at the Environmental Health Department office, or by

contacting Ms. Janice Amend electronically at jamend@cabq.gov or by phone (505) 768-2601,or by

downloading a copy from the City of Albuquerque Air Quality Division website

http://www.cabq.gov/airquality/aqcb/public-review-drafts.

NOTICE FOR PERSON WITH DISABILITIES: If you have a disability and/or require special

assistance plea.'lfl call (505) 768-2600 [Voice] and special assistance will be made available to you to

review any public meeting documents, including agendas and minutes. TTY users call the New

Mexico Relay at 1-800-659-8331 and special assistance will be made available to you to review any

public meeting documents, including agendas and minutes.

Thank you,

Janice C. Amend

Air Quality Control Board Liaison

City of Albuquerque

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

1
frnacias@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.go

v

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

2
aldaz@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

3
phalajian@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

4
jennifer.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
Clear Day Page 1 of 1

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.

Thank you,

Jimice C Amend

Air Qualicy Control Board LL.tison

City of Albuquerque

768 2601

9/24/2009
CITY OF ALBUQUERQUE

EfI/!ironmental Health 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

Dear Stakeholders:

The Air Quality Division for the City of Albuquerque is in the process of amending

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 of 20.11.47 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 of 20.11.47.7 NMAC. The objective of20.11.47 NMAC is to

establish the requirements both for submitting inventories of air 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/stakehoIder-revi ewdraftsIStakeholdcr-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 of this

letter. If you have any comments regarding this proposed regulation amendment, please

submit your comments by May 23,2009, via e-mail to jamendlilicClby.gov or mail them

to Janice C. Amend, City of Albuquerque, 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 stakeholder meeting, please let us know by May 8, 2009.

Thank you for your interest in this malter. Your .:omments are important.

r1rely,

( &;J{t~(ItJ;fLt'VcL- 'Wi~e C. Amend

i*ir Quality Control Board Liaison

068-2601
20.11.47.14 EMISSIONS INVENTORY REQUIREMENTS:

,\. ,\pplicabllity. 20.11.47.14 NMAC applies lo the owner or op~rator of every 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 if re.yuirt'd b..YJI_~_4l;;mm!1LCIH. A source is not required to submit an ~missions report more frequently than annually.

(2) rhe departmem will provide a complete copy of an own~r or operator's submitted emissions report when n:'4ucsted

in writing by the own~r or operator.

(3) The owner or operator shaH submit to the department a complete. correct and current emissions report in the fomlat

specified by the department; the report ~hall state accurately the ~missions of all air pollutants included in the pennit requested for .my

specitied calendar year.

(4) Except as provided in Paragraph (5) ofSub-;ection B of20.ItA? .14 NMAC. if the owner or operator is required to

submit an eTnissions report to the department. the owner or operator shaH submit the report by March 15 for the previous calendar y~ar

or any olh~r l:alendar year.

(5) Sources required by a pennit to :;ubmit an annual emissions report on a specific date shall submit the report on the

~peclfied dare.

C. Content of emissions reports. Emis~ions report contents tor reports required by Sub~ction B of ~Ooll.4; i-1-

NMAC shall include:

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

(2) the nilme. address, if any. :lnd physical location of the stationary source;

(3) the name and tdcphone number of the person to contact regarding the ~mi~.sion~ report~

(4) a I.:crtitlcation signed by the owner. or oJX: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 bdid of the

certifying otlicial. and including [he full narne. title. signature, date of signature, and telephone number ofthe ccrtifying ollioal; tor

sources subject to 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 exhaust gas parameters and location information;

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

(c) &:hedule of operation;

(d) annual procegs or fuel combustion rates;

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

(0 es(imated actual cmis:oIions in pounds 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 air pollutants.. if requested by the department; and

(h) a deSl.:ription of lhe 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 5 L. 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 of 20.11.-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 peak ozone season is sp~L:ified by the

department;

(2) estimated actual emL>;sions of nitrogen oxides and volatile organic compounds in pounds per day 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 each point.

E. \',,",Jiver of reporting requirements for insignificant emi!lsion!l. The department may waive the requirements of

Paragraph (5) of Subsection C of 20.1 J.47.14 NMAC for emissions that the depanment detennines to be insigniticant pursuant to

20. t l.4:! ~MAC. ~xcept th~ following shall not be waived:

(l) for sources in nonattainment areas. reporting of emissions of pollutants 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 of Subsections A through E of 10.11.47.1-1- NMAC. an owner may be subject to 20,11.46 NMAC. SlIlji,r Dioxide

Emissions Im-'entory RequiJ·emenls; We.\otern B(u°kslop Sulfur DlOxide Truding Program.

[20. L1.47.14 NMAC - N. 5/1/08]
"<l? EXHIBIT

I ~b I

Clear Day

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 Control Board Liaison

Ciry of Albuquerque

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 by the department" proposed change from "annual" GHG reporting requirement in

20.11.47 NMAC.

At a stakeholder meeting on the initial version of this 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

9/24/2009
Clear Day 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.

Thank you,

Janice C. Amend

Air Quality Control Board liaison

City of Albuquerque

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

1
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 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 of I

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

Thank you,

Janice C. Amend

Air Quality Control Board liaison

City of Albuquerque

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

I received the letter from the city about the proposed changes in the Emissions Inventory

Requirements. I think it is a solid idea to go from annually to ifrequired by the dept. My reasons for this

are simple when I do my annual reports it requires alot ofmy time and a lot more ofthe City's time. The

Air Quality division was very helpful to me but it did take a lot ofthe city's personnel time to assist me

and make sure it was done properly.

I think the cost savings would be dramatic to the city in man hours used because I am very confident

that there are many other people that needed much more time and help with their reports than I did. Any

questions please feel free to call me.

Charles M. Finegan

CEO/Owner

Riverside Funeral Home

ofAlbuquerque

9/24/2009
Clear Day 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 offer to 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

year to 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 of time 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 of Albuquerque

Phone: (505) 768-1965 **************************************************

Q/74/700Q
Clear Day 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 a stakeholder meeting on the initial version of this 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 DIRECTLY TO THIS L1STSERVE 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 Comrol Board Liaison

City of Albuquerque

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 work in 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 of page 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 ifrequired by the department.

The current language in 20.11.47 NMAC, Emissions Inventory Requirements, requires an

emissions inventory report for al1 sources of air pol1ution with air quality permits and air

quality registrations. Sources with air quality registrations are very smal1 to smal1

contributors of air pol1ution such a smal1 wood shops and smal1 back up emergency

generators. Approval ofthis amendment will al10w the department to require emission

inventory reports for air pol1ution sources with air quality permits, but not require

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, but not require the smal1 contributors of air

pol1ution which have air quality registrations. However, the amendment does al10w the

department the 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. Margaret Menache, County

Mr. Augustine Grace nl, PE, City Mr. Art Sharpe, City

Mr. Jim Brinkman, County Dr. Dona Upson, City

Mr. Jack Sullivan, City Louis Pacias, BCPC Liaison

Mr. Isreal Tavarez, Air Quality Division, 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 directed to Janice Amend (505) 768-2601 Government Center

Ocwright@cabq.gov). 400 Marquette NW

AlbuQueraue, NM

Hearing

In the matter of Petition to amend 20.11.47 NMAC, Emission Inventory Requirements and to

submit to EPA for inclusion in the SIP

Regular Monthly Meeting Draft Agenda

CALL TO ORDER

Item #1

Item #2

Approval ofAgenda (Chair)

Approval of September 9, 2009 Meeting Minutes (Chair)

PUBLIC COMMENT

ACTION ITEMS

Item #3 Decision on matter ofPetition to amend 20.11.47 NMAC, Emission Inventory

Requirements and to submit to EPA for inclusion in the SIP

REPORTS Division Reports provided in writing. Staff available for questions.

Item #4 Monthly Air Quality website update - Isreal Tavarez

OTHER BUSINESS

Item # 5

Item #6

Item #7

NMED Hazardous Waste - James Bearzi, NMED (per Jens Deichmann)

Air Quality Permitting Process overview - Isreal Tavarez, AQD Environmental

Health Engineering Manager

Air Dispersion Modeling presentation - Jeff Stonesifer, EH Scientist, AQD
ADJOURNMENT

NEXT SCHEDULED BOARD MEETING: November 11,2009,5:30 p.m.

Members ofthe public who wish to address the Board, may do so by signing up with the Board Clerk and indicating

either the agenda item they intend to address, or whether they wish to make a general public comment. Sign up

must occur prior to the Board's consideration of each item. Each person will be given up to two minutes to speak.

UNotice to persons with disabilities: !fyau have a disability and require special assist9!4¥w..participate in this

process, please call 311 (Voice) and special assistance will be made available to YOl(./4:t:'~ceiv·e:'Ony public meeting

documents, including agendas and minutes. TTY users may request special assistf!fiilby calling 1-BOO-659-

8331. •• """:"'\}>"""

.......:.:~',
ATTACHMENTE

Copy o/the Hearing Transcripts/rom Ru/emaking Hearing
1

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

23

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24

25

KATHY TOWNSEND COURT REPORTERS

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606
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 - Fax (505) 243-3606
1

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 - Fax (505) 243-3606
1 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.

14 My name is Bill Grantham, and I'm an attorney.

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 - Fax (505) 243-3606
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 - Fax (505) 243-3606
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 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606
1

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 - Fax (505) 243-3606
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 - Fax (505) 243-3606
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.

22 How does this track? Basically, as we receive

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 - Fax (505) 243-3606
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 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606
11

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 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606
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.

12 I'll respond to Ms. Grice's part of this

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 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606
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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 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606
1 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?

4 I speak somewhat from memory,

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 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606
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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.

20 MR. DEICHMANN:

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 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606
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 - Fax (505) 243-3606
1 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 - Fax (505) 243-3606
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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 - Fax (505) 243-3606
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

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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,

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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

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1 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

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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

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1 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

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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

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1 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.

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1 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

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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.

22 So just a comment to that effect.

23

24

25

somehow estimated.

MR. GRANTHAM:

MR. SULLIVAN:

Thank you.

Yes, Mr. Sullivan.

Well, as the Doctor mentioned,

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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

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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

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1 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

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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

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1 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

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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

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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.

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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

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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

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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;

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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

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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

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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 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606
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) 243-3606
1

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) 243-3606
AQCS HEARING, 10/14/09

1

I ALBUQUERQUEBERNALILLO 11]-

1:10

AlbuquerqueBernalillo (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

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anticipated [11-

; 38:17

anywaYl21- 21:1,

32:23

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,

,

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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

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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

agenda 13] - 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,

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15:15,15:22,16:4,

16:8, 17:5, 19:12,

21 :2, 24:4, 35:4,

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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

ALBUQUERQUE 12]

-1:1,1:10

Albuquerqu8 1161-

1:16,1:18,2:2,2:9,

2:11,2:16,4:5,4:6,

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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,

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

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37:3,37:7,37:15

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i 29:6,30:15,34:11, 38:24

1 34:16,40:10,40:12, 1 actlvltles(3]-13:11,

1 40:

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1

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. 30:20, 31 :16, 31 :21 -r'''-' .6-'--' -~ add 121- 29:17, . .___ 30:21

i added II] - 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,

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I

, , 30:22

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,74-2-5(1]-36:24 115:23

I 74-2-5(E (1]- 5:13 addressing (1]-

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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

505-243-5018
AQCB 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

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32:9

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12:16, 12:20

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11:5,11:15

compare (1)- 20:7

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, 1:1

complied [1]- 41:13

complaints['J -

32:10

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compliance[4J -

I 10:1,11:1,24:19,

26:7

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10:6,11:4,16:5,

16:21

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26:15

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32:20

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I 20:22,22:16

concerns (5J - 13:16,

22:2,23:12,23:21,

24:14

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34:21

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conduct I') - 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

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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

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1 30:17,30:16

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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

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charte'll) - 15:24

chase (1)- 13:8

checkI2)-10:1, ":,

chemical (1] - 26:15

chemicals [1]-

26:17

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circumstances [2) -

5:14,22:3

cite 11(- 33:13

citizen 11) - 23:12

clllzensl'l- 23:13

City I') - 2:4, 2:5,

2:9,37:7

CITY [I) - 2:10

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37:13

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30:24

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13:25, 19:10,24:22,

27:2,40:23,41:15,

42:6

c)ass [31- 22:5,

22:17,22:20

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27:16

clearer (1) • 30:7

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, 19:6,34:2

closef\5)- 14:14,

26:4, 32:6, 32:15,

32:21

closes (1) - 5:6

closing [1] - 34:18

Code I') - 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

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c

calculations (1) -

32:5

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13:10

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capturing [2]-

26:23, 42:22

carbon (11- 10:5

care [I) -16:20

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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

CERTIFY II) - 44:11

CFR 1'1- 16:6

Chair 151 - 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,

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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

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30:9,30:11,3':7

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40:6,40:10,40:1',

40:14,40:15

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BEFORE 12) - 1:1,

1:10

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17:15

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BERNALILLO [21 -

1:1,1:10

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2:2,4:5,4:10, 15:16,

20:16,35:4,36:19,

36:24,37:6,37:6,

37:12

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between [I) - 27:13

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BILL 121 - 1:15, 2:6

bit I') - 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

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15:14,37:20

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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

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1

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BUTT [3) - 2:14,

i 17:5, 17:16

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i 5:24

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, 27:17,29:2

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32:4

approach (11 30:5

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15:11,31:10

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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

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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 authority 12) - 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 aye I') - 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] - exactly 121 - 13:25,

12:24,12:25 delayaI11-4:7 43:11 7:13,7:21,9:23,10:3, 30:25

COUNTY 121- 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, DR 117] _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 detailed 111 -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, EXHIBIT 1'1- 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 - ' .

1 21:18,22:13,23:1, economlcellYlll- EPA("I- 1:5,4:12,

-KATRy TowNSENDCOlJRTREPORtERS

505-243-5018
AQCB 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••rny ISJ - 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

help I'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.m 11J - 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

FURTHER 11J - 44:1 1 guys 11J - 28:3 11J - 1:5

luture ISJ - 23:6, . .__ Import.nt 121 - 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

Indood 11J - 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.nt 151- 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 B
AQCB 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 MENACHE I14J - 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,

large I'] - 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 mandatory 12] - mentioned [i) - 26:13,27:1,27:4, None I1J - 34:3 I laller 111- 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, Northwest 13] - 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]- missed I'J - 41 :4 ---------- -

40:14 15:10 monitor 111 - 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

Lisa 121 - 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, medium 121 - 8:7, monthly l2J - 5:7, NEALI1]- 2:14

obtain (2)- 4:22,

15:1,15:23,17:19, 9:15 32:17 16:1

37:18 MONTHLY 11J - 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, Monthly 11J - 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 logged I1J - 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, October 16J - 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

505-243-5018
AQCB HEARING, 10/14/09

6

R

Quellty I23J - 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

quarterly 1'1 - 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

quick 121- 10:1,

42:10

quorum (1) - 4:18

quoteI2]- 8:25,

11:17

11~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, rather 12]- 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

power 11) -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

prevent 121 - 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

plow 121 - 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

order 11J - 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

505-243-5018
AQCB 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

shy I') -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

Register f3) - 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

regular f') - 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

remember 111- 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

rock f') - 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

505-243-5018
AQCB 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

try 151 -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

survey 141- 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

testify 12) - 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

TESTIMONY 1'1 - 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,