# State of New Mexico wice of 

# the Governor 

## Bill Richardson Governor 

## February 2,2007



## Mr. Richard Greene, RegionalAdministrator U.S. Environmental Protection Agenq, Region 6 1445Ross Avenue Suite 1200 Dabs,Texas 75202

Subject: Request for Approval of Revision to the State Implementation Plan For 

## Air Quality (SP)
Dear 

## Mr. Greene,
As provided by 40 CFR Part 51, Appendix 

## V and 40 CFR Part 51, Subpart 

## P, I am wri% to request approval of the attached documentation which will 

## serve as the basis for a revision to the State Implementation Plan (SP) for New Mexico. Specifically, 

## I am 

## submitting documentation for the locally adopted amendments to 20.11.2 NMAC, 

# Fees, which applies to Berndo County, New Mexico.
The Albuquerque-BernaWlo County 

## Air Quality Control Board (AQCB) approved proposed revisions to the SIP on January 14, 2004 and again on November 8, 2006. Each revision had a concomitant public review period and corresponding public hearings held on respective days. The &st amendments and name change of the regulation, 20.11.2 NMAC Permit Fees, were filed at the New Mexico State Records Center (NMSRC) on January 28, 2004 and became effective March 1, 2004. The second set of amendments were adopted on November 

## 8, 2006, then filed with the NMSRC on November 15,2006, and have an effective date of December 16,2006. We believe that the submitted materials provide adequate documentation to support the requested SIP revisions.

State Capitol Room 400 Santa Fe, New Mexico 87501 505-476-2200 w.govemor.state-nrn.us

## To facilitate your review and processing, the following materials are enclosed:
1) Revised SIP Completeness Checklistpursuant to 40 CFR 51
2) 2006 Hearingrecord, including wanscripts and ehbits 

## 3) Comments received and response thereto
4) TheAQCB-approved SIP revision for the Fees regulation 5) Other supporting documentation
Your. favorable consideration of this request is appreciated. If you have any questions, please contact Alfredo Santistevan, Director of the Albuquerque Environmental Health Department (EHD), at 

## (505) 768-2600.

Sincerely,



## Bill Richardson Governor ofNew Mexico

cc: Alfredo Santistevan, Director, Albuquerque Environmental Health Department Richard Goodyear, Acting Chief,

## Air Quality Bureau, 

## NM Environment Department Jens Deichmann, Chq 

## Air Quality Contcol Board IsrealTavarez,EnvironmentalEngineeringManager, 

## Air Quality Division Fabian Macias, OperationsManager, 

## Air Quality Divisipn Margaret Nieto, Control Strategies Supervisor, 

## Air Quality Division

Enclosures

# SUBMITTAL LETTER FROM EHD DIRECTOR TO GOVERNOR

# CITY OF 

# ALBUQUERQUE

November 22,2006

The Honorable Bill hchardson Governor State of New Mexico Governor's Office Capitol Building, 4th Floor Santa Fe, NM 87503 VfakIj %nb~ 

## Martin

## J. Chavez, Mayor

Subject: Request to Submit to the Environmental Protection Agency (EPA) a Proposed Revision to the State Implementation Plan (SIP) for

# Air Quality,
P.O. BOX 

### 1293 

## Incorporating 20.1 1.2 NMAC, 

# Fees. and Request for EPA Approval

Dear Governor hchardson Albuquerque



## I am 

## writing to request your assistance in submitting the attached documentation to the
New Mexico 

### 87103 

## EPA to serve as the basis for a revision of New Mexico's SIP as provided by 40 CFR Part 51, Appendix V 

## and 40 CFR Part 51, Subpart P. Specifically, I am 

## asking for you to submit the attached documentation as 

## a proposed SIP revision to incorporate amendments to the regulation 20.1 1.2 NMAC, 

# Fees, adopted pursuant to Title I of the www.cabq.gov 

## Clean Air Act Amendments of 1990. If you agree to submission of the proposed SIP revision, the request should be forwarded to the EPA with a request for their approval.
The Albuquerque-Bernalillo County Air Quality Control Board (AQCB) approved these proposed revisions to the SIP on November 8, 2006, after a 

## public review period and corresponding public hearing held on November 8, 2006. The amended regulation, 20.11.2 NMAC &s, 

## was filed at the New Mexico State Records Center on November 15, 2006 and has an 

## effective date of December 16, 2006. This SIP revision involves replacing the federally effective version of 20.1 1.2 NMAC, 

# Permit currently found in the SIP, with an amended locally effective version of regulation, 20.1 1.2 NMAC, 

## &. We believe that the submitted materials provide adequate documentation to support the requested SIP revision.

## To facilitateyour review and processing, the following materials are enclosed:
1) SIP Completeness Checklist pursuant to 40 CFR 51, Appendix 

## V 2) Hearing record, including transcripts and exhibits 

## 3) Comments received and response thereto 4) 

## The AQCB-approved SIP revision for the regulation 20.11.2 NMC, 5) Other supporting documentation

Your favorable consideration of this request is appreciated. If you have any questions, please don't hesitate to contact me at (505) 768-2600.

Sincerely,

C...I~.- -I

## "...------
-.% 

### /-- 

# \ -.J 

# <>

Alfredo R. Santistevan Director, Environmental Health Department

CC: 

## Jens Deichmann, Chair, 

## Air Quality Control Board Isreal Tavarez, Environmental Engineering Manager, 

## Air Quality Division Fabian Macias, Operations Manager, Air Quality Division Margaret Nieto, Control Strateges Supervisor, Air Quality Division Neal Butt, Air Quality Planner, 

## Air Quality Division

## 1 REVISION TO THE NEW MEXICO STATE IMPLEMENTATION PLAN PERTAINING TO 20.11.2 NMAC, FEES April, 2004 and November 2006

SIP COMPLETENESS CHECKLIST for regular processing (per 40 CFR 51 Appendix V)
2.1 Administrative Materials (a) A formal letter of submittal from the Governor or his designee, requesting EPA approval of the plan or revision thereof (hereafter "the plan").
__X__YES ___NO ___N/A
This SIP Revision submission contains a formal transmittal letter from the Governor of the State of New Mexico,for both the 2004 and 2006 amendments

. (b) Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, consent agreement (hereaf ter "document") in final form. That evidence shall include the date of adoption or final issuance as well as the effective date of the plan, if different from the adoption/issuance date.
__X__YES ___NO ___N/A The amended regulation, 20.11.2 NMAC, Fees, was adopted January 14, 2004 at the regular meeting of the Albuquerque-Bernalillo County Air Quality Control Board (AQCB), following a public hearing held the same day. The regulation was filed with the New Mexico State Records Center (N MSRC) on January 28, 2004 and became effective on March 1, 2004. The first page of Attachment A is a transmittal of the regulations to the State Records Center signed by AQCB Chairman Stephen Pilon. The date stamp at the top of the page indicates the date of filing

. The second amendment was adopted November 8, 2006 at the regular meeting of the AQCB, following a public hearing held the same day. The regulation was filed with the NMSRC on November 15, 2006 and became effective December 16, 2006. Attachment G is the transmittal of the regulation to the NMSRC signed by AQCB Chairman Jens Deichmann. The date stamp at the top of the page indicates the date of filing.

## 2 (c) Evidence that the State has the necessary legal authority under State law to adopt and implement the plan.
__X__YES ___NO ___N/A
See Attachment B. The New Mexico Air Quality Control Act provides for authority to adopt regulations, adopt and revise plans under Section 74-2-5. (d) A copy of the actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication of the changes made to the existing approved plan, where applicable. The submittal shall be a copy of the official State regulation/document signed, stamped, dated by the appropriate State official indicating that it is fully enforceableby the State. The effective date of the regulation/document shall, whenever possible, be indicated in the document itself.
__X__YES ___NO ___N/A Attachment C contains a copy of the amended regulation filed at the State Records Center on January 28, 2004, and which became effective onMarch 1, 2004

. The amendments to the current regulation were published on February 13, 2004 in the New Mexico Register, Volume XV, I ssue Number 3, see Attachment D. The amended and renamed regulation 20.11.2 NMAC, Fees, supercedes Regulation No. 21, Permit Fees, that was last approved in the SIP on February 23, 1993, and became effective on April 26, 1993. Attachment H is a copy of the amended regulation filed at the NMSRC on November 15, 2006, and which became effective December 16, 2006. The amendments to the locally effective regulation were published on November 30, 2006 in the New Mexico Register, Volume XVII, Issue No. 22; see Attachment I. (e) Evidence that the State followed all of the procedural requirements of the State's laws and constitution in conducting and completing the adoption/issuance of the plan.
__X__YES ___NO ___N/A See Hearing Exhibits # 6 & #7 in Attachment E. These provide evidence that legal notices were published in the local newspaper and the New Mexico Register. The New Mexico Air Quality Control Act 74-2-6C requires a 30-day notice. See Hearing Exhibits AQD Exhibit # 5 & #6 in Attachment J. These provide evidence that legal notices were published in the local newspaper and the New Mexico Register. The New Mexico Air QualityControl Act 74-2-6C requires a 30-day notice

## 3 (f) Evidence that public notice was given of the proposed change consistent with procedures approved by EPA; including the date of publication of such notice.
__X__YES ___NO ___N/A See Hearing Exhibits # 4, 5, 6, 7, 8, & 9 in Attachment E. These provide evidence that public notices were published in the local newspaper and the New Mexico Register. In addition, notice was also provided in the form of a public information meeting, e-mail notifications, and a mailed notification to stakeholders. The New Mexico Air Quality Control Act 74-2-6C requires a 30-day notice. See Hearing Exhibits AQD Exhibit # 3, 4, 5, & 6 in Attachment J. These provide evidence that legal 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 notification and posting on the City of Albuquerque’s webpage. The New Mexico Air Quality Control Act 74-2-6C requires a 30-day notice (g) Certification that public hearing(s) were held in accordance with the information provided in the public notice and the State's laws and constitution, if applicable.
__X__YES ___NO___N/A See transcriber's certification at end of the hearing record transcripts in Attachment F and Attachment K

. (h) Compilation of public comments and the State's response thereto.
__X__YES ___NO ___N/A See hearing exhibits #14a, b, c, d, e, &f Attachment E for comments and see hearing transcripts in Attachment F for State’s response thereto. None received. 2.2 Technical Support (a) Identification of all regulated pollutants affected by the plan.
____YES ___NO __ X _N/A The new regulation only affects the feespaid in order to emit pollutants, but does not affect emission levels directly. (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).

## 4 __X__YES ___NO ___N/A The regulation 20.11.2 NMAC, Fees, sets forth applicable fees to be paid for certain sources of air pollution by the regulated community within Bernalillo County, New Mexico. Bernalillo County iscurrently designated as an attainment area for all criteria air pollutants except PM10. Bernalillo County is classified as unclassifiable for PM10 and Bernalillo County is under a LimitedMaintenance Plan for carbon monoxide. (c) Quantification of the changes in plan-allowable emissions from the affected sources; estimates of changes in current actual emissions from affected sources or, where appropriate, quantification of changes in actual emissions from affected sources through calculations of the differences between certain baseline levels and allowable emissions anticipated as a result of the revision.
____YES ___NO __X__N/A The new regulation only affects the feespaid in order to emit pollutants, but does not affect emission levels directly.

## 5 (d) The State's demonstration that the national ambient air quality standards, prevention of significant deterioration (PSD) increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented. For all requests to redesignate an area to attainment for a national primary ambient air quality standard, under section 107 of the Act, a revision must be submitted to provide for the maintenance of the national primary ambient air quality standards for at least 10 years as required by section 175A of the Act.
___YES ___NO __ X __N/A This plan revision does not pertain to redesignating an area to attainment for a national primary ambient air quality standard. Nor does it pertain to prevention of significant deterioration (PSD)incrementsand demonstrations of reasonable further progress. The new regulation only affects the fees paid in order to emit pollutants, but does not affect emission levels directly. Because fees have been increased, it is conceivable that a secondary impact will beto reduce emissions from sources in Bernalillo County. (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 of the modeling analysis.
__ YES ___ NO _ X __ N/A (f) Evidence, where necessary, that emission limitations are based on continuous emission reduction technology.
___ YES ___ NO _X_ N/A (g) Evidence that the plan contains emission limitations, work practice standards and record keeping/reporting requirements, where necessary, to ensure emission levels.
__ YES ___ NO __ X _ N/A (h) Compliance/enforcement strategies, including how compliance will be determined in practice. __ YES ___ NO _ X __ N/A

## 6 (i) Special economic and technical justif ication required by any applicable EPA policies, or an explanation of why such justifications are not necessary.
___ YES ___ NO _X_ N/A No special economic and technical justifications required by other applicable EPA policies are necessary because no such policies are relevant in this case.

# ATTACHMENTS A to F In September 7, 2004 Submittal

# ATTACHMENT 

# G

Attachment 

## G is theform requiredfor transmittal of regulations to the State Records Center signed by 

## AQCB Chairman Jens Deichmann. The date stamp at the top ofthe page indicates the date offiling.

## NMAC TRANSMIlTAL FORM 1.24.10 NMAC [Sequence # 

## 1 

# I Albuquerque-Bernalillo County Air Quality Control Board 

# I I

C/O Environmental Health Department, Air Quality Division 

### P.O. Box 

### 1293 Albuquerque, 

### NM 87103

New 

# I I Amendment 

# 1 X 

# 1 Renumber 

# I I Re~eal 

# I I Ememencv 

# I I

1 EnvironmentalProtection

. 

## 1Albuauemue-Bemalillo Countv 

## 1 Fees 

## I


# I Section amendmentto 

### reduce hearing a~~eal fee from $1000 to 

# 1 20.11.2 NMAC 

# 1 - ..



# '. 

# I Sections 6 

## 118

Pleaselistattachments 

### No 

### X Yes andInternetsite(s) if applicable 

## - -

Yes 

# 0 Public domain 

# 0

Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air QualityControl Board Ordinance, Revised Ordinances of Albuquerque 1994 Section 9-5-1-4.

Name: 

### Jens Deichmann Checkifdelegated 

### authority 

# 0

,;/,;/B 

# 6

D 

### te Signed

# ATTACHMENT H

Attachment 

## H contains a copy of the amended regulation Jiled at the State Records Center onNovember 15, 2006, which became effective onDecember 16, 2006

### This is an amendment to 20.11.2 NMAC, Sections 6,18, effective 12/16/06.

20.11.2.6 OBJECTIVE: A. To implement the requirements of 74-2-7 NMSA by establishing: (1) reasonable fees to cover the cost of reviewing and acting on any permit application received by the Department; (2) reasonable fees to cover the cost of implementing and enforcing the terms and conditions of any permit issued by the department; and (3) a schedule of operating permit fees consistent with Section 502(b)(3)of the Clean

### Air Act and the joint air quality control board ordinances. B. To establish reasonable fees to [ewe~&e] partially offset the administrative cost of variance procedures and permit-related administrative hearings before the board; C. To implement the requirements of Section 507 of the federal Clean 

### Air Act by establishing adequate funding for a small business stationary source technical and environmental compliance assistance program; 

### D. To establish reasonable fees to cover the administrative expenses incurred by the department in implementing and enforcing the provisions of the New Mexico 

### Air Quality Control Act, the joint air quality control board ordinances, and the Albuquerque/Bernalillocounty air quality control board regulations; and 

## E. 20.1 1.2NMAC is permanent. A financial audit of the division shall be performed for city of Albuquerque fiscal year2005 (July 1,2004 through June 30,2005). The results of the audit shall be reported to the 

### air board during city fiscal year 2006. [20.11.2.6NMAC 

## - Rp, 20 NMAC 11.02.1.6, 7/1/2001;A, 3/1/04; A, 12/16/06]
20.11.2.18 FEE SCHEDULE A. Annual emission fees: Sourcesissued a registration or pennit pursuant to 20.11.40 NMAC, 20.1 1.4 1 NMAC, 20.1 1.42

### NMAC, 20.1 1.60

### NMAC, or 20.1 1.6 1 NMAC shall pay a minimum annual emission fee of $150.00 or the annual emission fee calculated consistent with Section 20.1 1.2.13 NMAC, which ever is greater. The following fee pollutant rates shall be used in calculating the annual emission fee, unless otherwise listed: (1) non-hazardous fee pollutants: $3 1 .OO per ton; (2) hazardous fee pollutants (non-major sources): $31 .OO per ton; (3) hazardous fee pollutants (major sources): $250.00 per ton; and (4) annual emission fees for specific source categories: (a) auto body repair and painting: $150.00; (b) chromium electroplating: $150.00; (c) degreasers using organic solvents: (i) non-halogenated solvents using less than 2,200 gallons of any one solvent-containing material or 5,400 gallons or more of any combination of solvent-containing materials: $150.00; and (ii) halogenated solvents using less than 1,200 gallons of any one solvent-containing material or 2,900 gallons or more of any combination of solvent-containing materials: $150.00; (d) dry cleaners (non-major): $150.00; (e) emergency generators: $150.00 or $31.OO per ton, whichever is greater; (f) 

### gasoline service and fleet stations: $250 or $31.OO per ton, which ever is greater; (g) stand alone natural gas or distillate fueled fired boilers less than 10 million 

### BTU used exclusively for residential. commercial or institutional heating and hot water: no charge; (h) printing, publishing and packaging operations: (i) sheetfed (nonheatset) offset lithography using less than 7,125 gallons of clean solvent and fountain solution additives per year: $150.00; (ii) nonheatset web offset lithography using less than 7,125 gallons of solvent and fountain solution additiveper year: $150.00; (iii) heatset web offset lithography using less than 50,000 pounds of mk, cleaning solvent, and fountain solution additives: $150.00; (iv) screen printing using less than 7,125 gallons of total solvent used including solventbased inks, cleaning solvents, adhesives and coatings: $150.00; (v) flexography (water-based or UV-cured inks, coating and adhesives)using less than 200,000 pounds total of inks, coatings and adhesives: $1

### 50.00; (i) soil andlor water remediation operations: $150.00; and

20.1 1.2NMAC 1

## G) stationary sources with de minimis emissions: no charge. B. Air quality application review fees for sources requiring permits pursuant to 20.11.40 NMAC or 20.11.41 NMAC: (1) auto body repair and painting: $500.00; (2) 

### dry cleaners: $500.00; (3) emergency generators: $500.00; (4) generic coating and abrasive operations: $500.00; (5) other fueling facilities receiving fuel by truck or rail (non-NSPS): $1000.00; (6) non-NSPS boilers (greater than 10 million BTU): $500.00; (7) printing and packaging operations: $500.00; (8) retail and fleet gasoline service stations: $500.00; and (9) soillwaterremediation systems: $1000.00. C. Case-by-case air quality application review fees for sources requiring permits pursuant to 20.11.40 NMAC or 20.11.41 NMAC (based on a source's potential-to-emit for the single highest pollutant): (1) proposed sources with a potential-to-emit equal to or greater than one ton per year and less than five tons per year: $500.00; (2) proposed sources with a potential-to-emit equal to or greater than 5 tons per year and less than 25 tons per year: $1,000.00; (3) proposed sources with a potential-to-emit equal to or greater than 

### 25 tons per year and less than 50 tons per year: $2,000.00; (4) proposed sources with a potential-to-emit equal to or greater than 50 tons per year and less than 75 tons per year: $3,000.00; (5) proposed sources with a potential-to-emit equal to or greater than 75 tons per year and less than 

### 100 tons per year: $4,000.00; and (6) proposed sources with a potential-to-emit equal to or greater than 100 tons per year: $5,000.00. 

## D. Federal program and state toxic air pollutant application review fees in addition to the air quality application review fees: (1) 40 CFR 60 standards: $1,000.00; (2) 40 CFR 61 standards: $1,000.00; (3) 40 CFR 63 standards: (a) promulgated standards: $2,000.00; (b) case-by-case MACT review: $10,000.00; (4) PSDInon-attainmentreview: $5,000.00; (5) acid rain review: $5,000.00; and (6) state toxic air pollutant review: $500.00. 

## E. Permit modifications: (1) P2 modifications: no charge; (2) minorlflexible permit modifications: $1,000.00; and (3) major modifications: $5,000.00; F. Portable source relocation fee: $250.00; 

### G. Administrative modifications to existing permit: $100.00; 

## H. Asbestos unit (AU): $21.00; I. Administrative fees: (1) Professional services fee: $75.00 per staff hour; 

### (2) Photocopying and other copies of public records: as provided by the New Mexico Inspection of Public Records Act and by the applicable city of Albuquerque ordinance and administrative instruction number 1-7. (3) Regulation compilation: $20.00; and (4) Public records research fee: $50.00 per staff hour. However, the charge for copying public records shall not include a separate charge for staff time for locating and copying the documents. J. 

### Variance request fees: anyperson who petitions for a variance shall pay a fee of $1,500.00, unless the fee is determined by the board at a hearing to impose an undue economic burden on the petitioner. K. Board hearing filing 

### fees: Any person who requests a hearing before the board to challenge the issuance of a permit, the terms of a permit or permit modification, the department's refusal to issue a permit, or the department's determination of a source classification or fee calculation for a fugitive dust control permit shall be charged a 

# filinn fee of [[ 

# [I $125.00.

20.11.2NMAC

### [20.11.2.18 NMAC 

## - Rp, 

### 20 NMAC 

### 11.02.11.2,7/1/2001;A, 

### 3/1/04; A, 

### 12/16/06]

20.11.2 NMAC

# ATTACHMENT I

Attachment 

## I is a copy of the regulation amendments as published on November 30, 2006 

## in the New Mexico Register, Volume XVII, Issue Number 

## 22

### New Mexico Register / 

### Volume XVII, Number 22 I 

### November 30,2006



### This is an amendment to 20.11.2 

### NMAC, Sections 6, 18, 

### effective 12/16/06.
20.11.2.6 

### OBJECTIVE: A. To implement the requirements of 74-2-7 NMSA by establishing: (I) reasonable fees to cover the cost of reviewing and acting on any permit application received by the Department; (2) reasonable fees to cover the cost of implementing and enforcing the terms and conditions of any permit issued by the department; and (3) a schedule of operating permit fees consistent with Section 502(b)(3) of the Clean Air Act and the joint air quality control board ordinances. 

### B. To establish reasonable fees to 

### [ewethe] partially offset the administrative cost of variance procedures and permit-related administrative hearings before the board; C. To implement the requirements of Section 507 of the federal Clean Air Act by establishing adequate funding for a small business stationary source technical and environmental compliance assistance program; D. To establish reasonable fees to cover the administrative expenses incurred by the department in implementing and enforcing the provisions of the New Mexico Air Quality Control Act, the joint air quality control board ordinances, and the Albuquerque/Bernalillo county air quality control board regulations; and E. 

### 20.11.2 NMAC is permanent. A financial audit of the division shall be performed for city of Albuquerque fiscal year2005 (July I, 2004 through June 30,2005). The results of the audit shall be reported to the air board during city fiscal year 2006. [20.11.2.6 NMAC 

## - Rp, 20 NMAC 11.02.1.6, 7/1/2001; A, 3/1/04; A, 12116/06]

L 

### 20.1 1.2.18 

### FEE SCHEDULE A. 

### Annual emission fees: Sources issued a registration or permit pursuant to 20.1 1.40 NMAC, 20.1 1.41 NMAC, 20.1 1.42 NMAC, 20.1 1.60 NMAC, or 20.1 1.61 NMAC shall pay a minimum annual emission fee of $150.00 or the annual emission fee calculated consistent with Section 20.1 1.2.13NMAC, which ever is greater. The following fee pollutant rates shall be used in calculating the annual emission fee, unless otherwise listed: (I) non-hazardous fee pollutants: $3 1.OO per ton; (2) hazardous fee pollutants (non-major sources): $31

### .OO per ton; (3) 

### hazardous fee pollutants (major sources): $250.00 per ton; and (4) annual emission fees for specific source categories: (a) auto body repair and painting: $150.00; (b) chromium electroplating: $150.00; (c) degreasers using organic solvents: (i) non-halogenated solvents using less than 2,200 gallons of any one solvent-containing material or 5,400 gallons or more of any combination of solvent-containing materials: $150.00; and (ii) halogenated solvents using less than 1,200 gallons of any one solvent-containing material or 2,900 gallons or more of any combination of solvent-containing materials: $150.00; (d) dry cleaners (non-major): $150.00; (e) emergency generators: $150.00 or $31 

### .OO per ton, whichever is greater; 

## (0 gasoline service and fleet stations: $250 or $3 1.00per ton, which ever is greater; (g) stand alone natural gas or distillate fueled fired boilers less than 10 million 

### BTU used exclusively for residential, commercial or institutional heating and hot water: no charge; (h) printing, publishing and packaging operations: (i) sheetfed (nonheatset) offset lithography using less than 7,125 gallons of clean solvent and fountain solution additives per year: $150.00; (ii) nonheatset web offset lithography using less than 7,125 gallons of solvent and fountain solution additive per year: $150.00; (iii) heatset web offset lithography using less than 50,000 pounds of ink, cleaning solvent, and fountain solution additives: $150.00; (iv) screen printing using less than 7,125 gallons of total solvent used including solventbased inks, cleaning solvents, adhesives and coatings: $150.00; (v) flexography (water-based or UV-cured inks, coating and adhesives) using less than 200,000 pounds total of inks, coatings and adhesives: $150.00; (i) soil andlor water remediation operations: $150.00;and 

# 6) stationary sources with de minimis emissions: no charge.

20.1 1.2 NMAC

### New Mexico Register 1

### Volume XVII, Number 22 1 November 30,2006

B. 

### Air quality application review fees for sources requiring permits pursuant to 20.11.40 NMAC or 20.1 1.41 NMAC: (1) auto body repair and painting: $500.00; (2) dry cleaners: $500.00; (3) emergency generators: $500.00; 

### (4) generic coating and abrasive operations: $500.00; (5) other fueling facilities receiving fuel by truck or rail (non-NSPS): $1000.00; (6) non-NSPS boilers (greater than 10 million BTU): $500.00; (7) printing and packaging operations: $500.00; (8) retail and fleet gasoline service stations: $500.00; and (9) 

### soivwater remediation systems: $1000.00. C. Case-by-case air quality application review fees for sources requiring permits pursuant to 20.11.40 NMAC or 20.11.41 NMAC (based on a source's potential-to-emit for the single highest pollutant): (I) proposed sources with a potential-to-emit equal to or greater than one ton per year and less than five tons per year: $500.00; (2) proposed sources with a potential-to-emit equal to or greater than 5 tons per year and less than 25 tons per year: $1,000.00; (3) proposed sources with a potential-to-emit equal to or greater than 25 tons per year and less than 50 tons per year: $2,000.00; (4) proposed sources with a potential-to-emit equal to or greater than 50tons per year and less than 75 tons per year: $3,000.00; (5) proposed sources with a potential-to-emit equal to or greater than 75 tons per year and less than 100tons per year: $4,000.00; and (6) proposed sources with a potential-to-emit equal to or greater than 100 tons per year: $5,000.00. D. 

### Federal program and state toxic air pollutant application review fees in 

### addition to the air quality application review fees: (1) 

### 40 

### CFR 60 standards: $1,000.00; (2) 40 

### CFR 6 1 standards: $1,000.00; (3) 40 

### CFR 63 standards: (a) promulgated standards: $2,000.00; @) 

### case-by-case MACT review: $10,000.00; (4) PSDInon-attainment review: $5,000.00; (5) acid rain review: $5,000.00: and (6) state toxic air pollutant review: $500.00. 

### E. Permit modifications: (1) P2 modifications: no charge; (2) minorlflexible permit modifications: $1,000.00; and (3) major modifications: $5,000.00; 

### F. Portable source relocation fee: $250.00; 

### C. Administrative modifications to existing permit: $100.00; H. 

### Asbestos unit (AU): $2 1.00; 

### 1. Administrative fees: (1) Professional services fee: $75.00 per staffhour; (2) 

### Photocopying and other copies of public records: asprovided by the New Mexico Inspection of Public Records Act and by the applicable city of Albuquerque ordinance and administrative instruction number 1-7. (3) Regulation compilation: $20.00; and (4) Public records research fee: $50.00 per staff hour. However, the charge for copying public records shall not include a separate charge for stafft~me for locating and copying the documents. J. 

### Variance request fees: any person who petitions for a variance shall pay a fee of $1,500.00, unless the fee is determined by the board at a hearing to impose an undue economic burden on the petitioner. 

### K. Board hearing 

## filin(!fees: Any person who requests a hearing before the board to challenge the issuance of a permit, the terms of a permit or permit modification, the department's refusal to issue a permit, or the department's determination of a source classification or fee calculation for a fugitive dust control permit shall be charged a

# filinn fee of 

## [W 

# WJ $125.00. [20.11.2.18 NMAC 

## - Rp, 20 NMAC 11.02.11.2, 7/1/2001; A, 3/1/04; A, 12/16/06]

20.1 1.2 NMAC

# ATTACHMENT 

# J

Attachment 

## J contains a copy ofthe Hearing Exhibits for November 8, 2006

# RLBUQUERQUE-BERNALILLOCOUNTY AIR QUALlTY CONTROL BOARD PUBLlC HEARING

Proposed Amendments



# 20.1 1.2 

# NMAC, Fees

November 

# 8,2006



# 'EXHIBITS'

## AQD Ex. # 1 

## Public Review Draft, 20.1 1.2 

## NMAC, Fees [9/23/06]

8 

## AQD Ex. # 2 

## New Mexico Court Filing Fees

AQD Ex. # 3 

## Notice of availability of PRD, sent to List serve [9/23/06]



## AQD Ex. # 

## 4 

## Posting of PRD onAQD's website [9/27/06]



## AQD Ex. # 

## 5 

## Legal notice of proposed rulemaking: Albq. Journal [8/26/06]



## AQD Ex. # 6 

## Legal notice of proposed rulemaking: NM Register [9/15/06]



## AQD Ex. # 7 

## AQCB Draft Agenda, November 8,2006

AQD 

## Ex. # 8 

## Public Comment



# -- ----------->~-- 

## AQD 

## Ex. # 

## 9 Staff Proposed Floor Amendment.* 

### '


## 1 TITLE20 ENVIRONMENTAL PROTECTION 

# AQb EXHIBIT 

# kil

2 CHAPTER 11 ALBUQUERQUE/BERNALILLO COUNTY AIR 

### QUALITY CONTROL BOARD PART 2 FEES
20.11.2.1 ISSUING AGENCY: 

## Albuquerque/BernalilloCounty Air Quality Control Board, Environmental Health Department,P.O. Box 1293,Albuquerque,NM 87103. Telephone: (505) 768-2600. 

## [20.11.2.lNMAC-Rp,20NMAC.11.02.1.1,7/1/2001]
20.11.2.2 SCOPE: 

## A. Applicability: 

## (1) any person required to obtain a permit pursuant to 20.11.42NMAC; (2) any person required to obtaina permit pursuantto 20.11.41 NMAC; (3) any person with a valid registration or permit issuedpursuant to 20.11.40 NMAC, 20.11.41 NMAC, or 20.1 1.42NMAC; (4) any person required to obtaina hgitive dust controlpermit pursuantto 20.11.20 NMAC, Fugitive 

## Dust Control; (5) any person required to provide notification regarding removing regulated asbestos containing materialpursuant to 20.11.64 NMAC, Emission StandardsforHazardous Air 

## Pollutants for Stationary Sources; (6) any person requestingprofessional or administrative servicesor copies of public records; and (7) any person who requests a variance or a hearing before the board. B. Exempt: 

## 20.1 1.2 NMAC does not apply to sources within Bernalillocounty that 

## are located on Indian lands over which the Albuquerque/Bernalillo county air 

## quality control board lacksjurisdiction. C. Variance: 

## Any person may request a timely variance from the requirementsof 20.11.2 NMAC 

## in accordance with Variance Procedures, 20.11.7 NMAC, if 

## allowedby federal, state or local laws and regulations. [20.11.2.2NMAC 

# - Rp, 20 NMAC 11.02.1.2 & 

## 20 NMAC 11.02.1.8,7/1/2001;A, 3/1/04]
20.11.2.3 STATUTORY AUTHORITY: 

## 20.1 1.2NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Act, NMSA 1978 Sections 74-24,74-2-5; the Joint Air 

## Quality ControlBoard Ordinance, Bernalillo County Ordinance 94-5 Sections 3 and 4; and the Joint Air 

## Quality Control Board Ordinance, Revised Ordinances of Albuquerque 1994 Section 9-5-1-3 and Section9-5-14. [20.11.2.3NMAC -Rp, 20 NMAC 11.02.1.3, 7/1/2001; A, 3/1/04]
20.11.2.4 DURATION: 

## Permanent. [20.11.2.4-Rp, 20NMAC 11.02.1.4, 7/1/2001]
20.11.25 EFFECTIVE DATE: 

## July 1,2001, unless a later date is cited at the end of a sectionor paragraph. [20.11.2.5 NMAC -Rp, 20 NMAC 11.02.1.5,7/1/2001
20.11.2.6 OBJECTIVE: 

## A. To implement the requirementsof 74-2-7 NMSA by establishing: (1) reasonablefees to cover the cost of reviewing and actingon any permit applicationreceived by the Department; (2) reasonablefees to cover the cost of implementing and enforcing the terms and cond~tions of any pennit issued by 

## the department; and (3) a schedule of operatingpermit fees consistentwith Section 502@)(3) of the Clean Air 

## Act and the joint 

## air quality control board ordinances. B. 

## To establishreasonable fees to cover the cost ofvariance procedures and permit-related administrative hearings before the board; C. 

## To implement the requirements of Section 507 ofthe federal Clean 

## Air Act by establishing adequatefunding for a smallbusiness stationary source technical and environmental complianceassistance program; D. 

## To establishreasonable fees to cover the administrative expenses incurred by the department in implementing and enforcing the provisions of the New Mexico Air Wty Control Act, thejoint air 

## quality control board ordinances,and the Albuquerque/Bernalillo county air 

## quality controlboard regulations; and

20.1 1.2NMAC PUBLIC 

## REVIEW DRAFT 9/23/06 I

## E. 20.11.2 NMAC is permanent. A financial audit of the division shall

## be performed for city of Albuquerquefiscal year2005 (July 1,2004through June 30,2005). The results ofthe audit shall

## be reportedto the air

## board during city 

## fiscal year 2006. [20.11.2.6 

## NMAC 

# - Rp, 20 

## NMAC 11.02.1.6,7/1/2001;A, 3/1/04]
20.11.2.7 

## DEFINITIONS: Throughout20.11.2 NMAC, theterms defined 

## shallhave the following meanings. For thepurpose of 20.11.2 NMAC, if

## there is any apparent conflictbetween the meaning ofa definition 

## in 20.11.2 NMAC and a definition 

## in anotherpa* the definition

## in 20.11.2 

## NMAC shallprevail and apply. A. "Allowable emission rate" means the most stringent emission limit that hasbeen established by 

## a permit issued by the departmentor the source's potential-toemit. 

## B. "Efficiency control factor"means a factor used 

## in conjunction with a fugitivedust source classificationto determine the 

## annual fee per acreto 

## be paid for a programmatic permit issued pursuantto 20.11.20 NMAC. Thefour fugitivedust source classifications pertainingto programmatic permits are "no impact source", "low impact source", "moderate impact source" and "high 

## impact source" which aredefined 

## in 20.1 1.2.7 NMAC. C. 

## "Emissionsunit" means any part or activityof a stationaryor portable sourcethat emits or 

## has the potential to emit any fee pollutant. 

## D. "Fee pollutant"

## means: (1) sulfurdioxide (SOX); (2) nitrogen dioxidebased on total oxides of nitrogen (NOx); 

## (3) carbon monoxide (CO); (4) particulate matter with an aerodynamic diameter less than or equalto 30micrometers 

## (TSP); (5) 

## anyvolatile organic compound as 

## defined in 

## 40 CFR 5

## 1.100(s), as amended; (6) any hazardous 

## airpollutant listedpursuant to 112@) of the federal Clean

## Air Act;] (7) any regulated substance listed pursuantto Section 112(r)ofthe federal CleanAir 

## Act; and (8) 

## any otherpollutant determinedby the board afterpublic hearing. 

## E. "Fugitive emissions"means emissions that cannot reasonably pass through a stack, chimney, vent, 

## or other functionally equivalent opening. 

## F. "High impactsource" means a fugitivedust source to which a control strategyor combination of strategieshas been applied, which strategies,when applied to an entire source or aportion of a source, 

## can reasonablybe expectedto reduce fugitivedust leaving the sourceby approximately 10percent compared to the level offugitive dust leavingthe source that would be expected ifno control strategy or strategies were in 

## place. The department shall determine the classificationoffugitive dust source as a high impact sourcebased onprofessional judgment, sound technical information, or scientific evidence. The department shall provide a written explanation ofthe basis for making the determinationofthe classificationif

## requested by the programmaticpermit applicant. The purpose of classlfyrnga fugitivedust source as a high impact 

## source is so the progammaticpermit fees can

## be calculated for a programmatic permit issued pursuant to 20.11.20 NMAC. For a high impact source,the applicable efficiency control factor for calculatingfees shall be 

## 0.9. 

## G. "Low impact source"means a fugitive dust source to which a control strategy or combination of strateges 

## has been applied, which strategies, when applied to an entire source or a portion of a source, 

## can reasonably 

## be expectedto reduce fugitive dust leaving the sourceby approximately 90 percent compared to the level offugitive dust leavingthe source that would be expected if 

## no control strategy or strategies were inplace. The department shall determinethe classificationoffugitive dust source 

## as a low impact sourcebased onprofessional judgment, sound technical information, or scientific evidence. The department shall provide a written explanation of thebasis for makingthe determinationofthe classificationif

## requested by the programmaticpermit applicant. The purpose ofclasslfylng a fugitive dust source as a low impact source is so the programmatic permit fees canbe calculated for a programmatic permit issued pursuant to 20.11.20

## NMAC. For a low impact source, the applicable efficiency controlfactor for calculatingfees shall

## be 0.1. H. 

## "Major source" shall have the meaning defined 

## in 40 CFR 7 1.2. 

## I. "Moderateimpact sourcenmeans a fugitive dust source to which a control strategy or combination of strategies has

## been applied, which strategies,when applied to 

## an entire source or aportion of a source, 

## can reasonablybe expectedto reduce fugitive dust leaving the sourceby approximately50 percent compared to the level offugitive dust leaving the source that would 

## be expected if no control strategy or strategies were in place. The departmentshall determine the classificationoffugitive dust source as a moderate impact sourcebased on professional judgment, sound technical information,or scientificevidence. The department 

## shallprovide a written explanationofthe basis for making the determinationof the 

## classification if 

## requestedby the programmatic permit applicant The purpose of classifyinga fugitive dust source as a moderate impact source is 

## so the

20.11.2 NMAC PUBLIC REVIEW 

## DRAFT 

## 9/23/06 2

## programmatic permit fees can be calculatedfor a programmatic permit issued pursuant to 20.11.20 NMAC. For a moderate impact source, the applicable efficiencycontrol factor for calculating fees shallbe 0.5. 

## J. "No impact source" means a fugitive dust sourceto which a control strategyor combination of strategieshas 

## been applied,which strategies, when appliedto an entire source or a pomon of a source, 

## can reasonably be expected to reduce fugitive dust leaving the sourceby approximately 100 percent compared to the level offugitive dust leaving the source that would be expected if 

## no control strategy or strategieswere in place. The department shall determinethe classification offugitive dust source as a no impact source based on professional judgmenf soundtechnical information, or scientific evidence. The department shall provide a written explanation of thebasis for making the determinationofthe classificationif

## requestedby the programmatic permit applicant. Land that is classifiedas a no impact sourceis not required to obtain a programmaticpennit issued under 20.11.20 NMAC and isnot required to pay a programmatic permit fee for land classified 

## as a no impact source. 

## K. "Potential-to-emit" or "PTE" means the maximum capacity of a stationary source to emit any air 

## pollutant under its physical and operational design. Any physical or operational limitation on the capacity of
sourceto emit an air pollutant, including

## air pollution control equipment, restrictionson hours of operationor on the type or amount of material combusted, stored or processed, shall be treated as part ofits designif 

## integralto the process orthe limitationisfederallyenforceablethrough permit or regulation. Any limitation on emissions due to process design must be unchanging and unavoidable physical constraints. The potential-toemit for nitrogen oxide shall be based on total oxidesof nitrogen. L. 

## "Qualified small business" means: (1) a business that has 

## 100 or fewer employees; (2) a 

## small business concern as defined by the federal Small Business Act; (3) a source that does not emit more than 

## 50 tons per year of any regulated 

## air pollutanf or 75 tons per year of 

## all regulated 

## airpollutants; and (4) a facility that isnot a major source of hazardous 

## air pollutants. 

## M. "Regulated airpollutant" means the following: (1) nitrogen oxides, total suspended particulate matter, or any volatile organic compounds; (2) any pollutant for which a national, state or local ambient

## air quality standard has been promulgated; (3) any pollutantthat is subject to any standard establishedin Section 111ofthe federal Act; (4) any Class I or I1 substance subject to any standard established in Title 

## VI ofthe federal Act; or (5) any pollutant subject to a standardsor requirementsestablished in Section 112ofthe federal Act, including: (a) any pollutant subject to requirements under Section 112Q)ofthe federal Act; and 

## (b) any pollutant for which the requirementsof Section 112(g)(2) ofthe federal Act have been met but only with respect to the individual source subjectto the requirements. N. "State air toxic review" means a case-by-case permit application review ofthe potential emissionsof toxic air 

## pollutants listed in 20.2.72 NMAC, Construction Permits, Section 20.2.72.502 NMAC, Toxic Air Pollutants and Emissions. 0. 

## "Stationary source with de minimis emissions" means a source asdefined in 20.11.41 NMAC. [20.11.2.7 NMAC 

# -Rp, 20NMAC 11.02.1.7,7/1/2001;A, 3/1/04]
20.11.2.8 

## SAVZNGS CLAUSE: Any amendmentto 20.11.2 NMAC that is filed with 

## the state records center shall not affect actions pending for violation of a federal or state statute or regulation, a city or county ordinance, or any board regulation. Prosecution for a violation under prior regulationwording shallbe governed and prosecuted under the statute, ordinance, part or regulation section in effect at the time the violation was committed. [20.11.2.8 NMAC 

# - Rp, 

## 20 NMAC 11.02.1.9,7/1/2001]

20.11.2.9 

## SEVERABILITY: If any section,paragraph, sentence, clause or word of 20.11.2 NMAC or federal, state or local standard incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of the remaining provisions of 20.1 1.2NMAC. [20.11.2.9NMAC -Rp, 20 NMAC 11.02.1.10,7/1/2001; A, 3/1/04]
20.11.2.10 

## DOCUMENTS: Documents cited and incornrated in 20.11.2 NMAC mav be viewed at the Albuquerque environmental health departmenf One Civicplaza NW, 

## 3rd Floor, Room 3023,-Albuquerque, NM 

## 87102. 120.11.2.10 NMAC 

# -Rp, 20 NMAC 11.02.1.11, 7/1/2001;A, 3/1/04]


# - 20.11.2NMAC PUBLIC 

## REVIEW DRAFT 9/23/06

### 20.11.2.11 GENERAL PROVISIONS: 

## A. At the time of application,any person, including a federal, state or local governmentalagency, who files 

## an application pursuant to 20.11.41

## NMAC, for aninitial air quality application review and authorityto proceed with 

## construction or any person requesting to modify an 

## existing air 

## quality permit shallpay the permit fee requiredby 20.11.2 

## NMAC. 

## K Any new or existing stationary sourcethat meets the applicability requirements of 20.11.2 NMAC shallpay an annual emissionfee based on the source's potential-toemit. Sourceswishingto reduce their potentialto-emit may do so at any time through the provisionsof 20.11.41 NMAC. C. 

## At the time of submittal, any person filingan applicationfor a fugitive dust control permit with

## the department pursuant to 20.1 1.20NMAC, Fugitive Dust Control, shall pay the applicablefeerequired by 20.11.2 NMAC. D. 

## At thetime ofnotification, any person notifying the department pursuant to 20.11.64 NMAC, 

## Emission Standardsfor Hazardous

## Air Pollutantsfor Stationary Source, ofthe removal of regulated asbestos containingmaterial shallpay the applicablefeerequired by 20.11.2 NMAC. E. 

## No application willbe reviewed or permit issued unless the ownerloperator provides documentary proof satisfactory to the departmentthat either all applicablefeeshavebeen paid as requiredby 20.1 1.2

## NMAC, or the ownerloperator

## has been granted a variance in 

## accordancewith 

## 20.1 1.7NMAC, 

## VarianceProcedures. 

## F. Allpermit fees required to be paid at the time of application shall 

## be paid by check or money order payable to the "city of Albuquerque, permits program (Fund 242)" and eitherbe delivered in 

## person to the environmental health department, finance section, 3rd floor, room 3023, Albuquerque/Bernalillo county government center (city hall), 

## One CivicPlaza NW, 

## Albuquerque, NM, 

## or mailed to Atln: Finance Section,Environmental Health Department, P.O. Box 1293, Albuquerque,

## NM 87103. Thefinance section then shall send a receipt to the applicant. The applicant shall 

## attach a copy ofthe receipt issued by the finance section to the application 

## as proof of payment. The 

## air quality division cannot accept direct payments. 

## G. No person required to pay an annual emissionfee pursuant to 20.1 1.2 NMAC 

## shallbe 

### in 

## compliancewith their permit unless 

## all applicable fees 

## are paid asrequiredby 20.11.2 NMAC. 

## H. No fee required by 20.11.2 

## NMAC shallbe refunded withoutthe written approval ofthe director. When determining the amount ofthe refund, the director 

## may deduct a reasonableprofessionalservicefee to cover the costs of staff

## time involved inprocessing 

## apermit or request. [20.11.2.11NMAC -N, 7/1/2001;A, 3/1/04]
20.11.2.12 20.11.41 

### NMAC, AIR QUALITY PERMITFEES; FEE CALCULATIONS AND PROCEDURES 

## A. Air quality permits for minor and 

### area sources: 

## sources applying for an air @ty permit pursuantto 20.11.41NMAC, shallpay the applicable fee found 

## in Section20.11.2.18 NMAC. 

## B. Case-by-case air quality review prior to the construction of a 

### stationary source: 

## (1) Case-by-case

## air quality application review fees shall

## be calculated based onthe proposed source's potential-toemit feepollutants. Federally approved state implementation plan limitationsmay be 

## used to determine a source's potential-to-emit (2) Fugitive emissions shallbe included in 

## the source's potential-to-emit. (3) Emissionsfrom operations determinedby 

## the departmenttobe 

## insignificant activities shall not be 

## includedin the calculation (4) For each feepollutant, calculatethe potential-to-emit for each proposed emissionunit to the nearest tenth of a ton. Total each ofthe fee pollutants from each emission unit and express the value in 

## tons per calendar year as a whole number. When rounding, if 

## the number after the decimal point is lessthan 

## 5, the whole number remainsunchanged. If 

## the number after the decimal point is 5 

## or greater, the whole number shallbe 

## rounded up to next whole number. (5) The applicationreview fee shallbe determined by comparingthe source's calculatedpotential-toemit for the singlehighest fee pollutant in tons per year with the fee schedule found in Section 20.1 1.2.18NMAC. (6) 

## In 

## addition to the application review fees, a sourceproposing to construct any emissionunit or units that must comply with 

## the provisions of 20.11.60 NMAC, 

## Permitting in Nonattainrnent Areas, 20.11.6 1 NMAC, Prevention of Significant Deterioration, 20.1 1.62NMAC, Acid 

## Ram,20.11.63 NMAC, New Source Performance Standards

## for Stationary Sources, or 20.11.64NMAC, Emission Standards for Hazardous Air 

## Pollutants for Stationary Sources, also shallpay the applicable federalprogram review fees listed 

## in Section 20.1 1.2.18 NMAC.

20.11.2NMAC PUBLICREVIEW 

## DRAFT 9/23/06

## (7) Example: A company proposes to build afacility with a NSPS boiler with a potential-tosmit of greater 

## than 100tons

## per year of NOx. From the fee schedulefound in Section 20.1 1.2.18NMAC, the company will be requiredto pay aninitial 

## air quality review fee of $5,000.00with 

## an additionfederalprogramreview fee of $1,000.00for the NSPS boiler, for a total fee of $6,000.00. Thereview fee shallbe submitted at the time of application in accordance with the procedures found in Subsections

## E and F of 20.11.2.11 NMAC. (8) Sources submittingan applicationfor theremoval ofregulated asbestoscontainingmaterial pursuant to 20.11.64 NMAC shall comply with the provisions of 20.1 1.2.14 NMAC. 

## C. Permit modifications: (1) At thetime of application, any source proposingto moman existing air 

## quality permit shall 

## pay the applicable fee found in Section 20.1 1.2.18NMAC. (2) Any proposed modificationsto an existing 

## air quality permit that must comply with the provisions of 20.1 1.60 NMAC, Permitting in Non-Attainment Areas, 20.11.61 NMAC, Prevention of SignificantDeterioration, 20.11.62 NMAC, Acid Rim, 20.11.63 NMAC, New SourcePerformance 

## Standardsfor Stationary Sources, or 20.11.64 NMAC, Emission Standardsfor Hazardous Air 

## Pollutantsfor Stationary Sources, also requires the applicantto pay the applicable federalprogramreview fee,but only with respect to the individual emission unit subject to therequirement. 

## D. Qualified small businesses shall pay one-halfofthe calculated case-by-case

## air quality review fees prior to adding any federal program review or state toxic review fees. [20.11.2.12NMAC 

# - Rp, 20 NMAC 11.02.H. 1,7/1/2001; A, 3/1/04]
20.11.2.13 

## ANNUAL EMISSION 

## FEES;FEE CALCULATIONS AND PROCEDURES 

## A. By June 1of each year, the department shall send each owner/operatora letter stating the fee amount owed. The ownerloperatorhas 45 days fiom receipt ofthe letter to contact the departmentto request a correction to the records or submit a complete application within.45 days of receipt of the letterto mom an existingpermit reducing the source's allowable emission rate. 

## B. StartingAugust 1of eachyear, each ownerloperatorshallbe sent an official invoiceby the city of Albuquerque statingthe annual emission fee due, which the ownerloperator shall pay consistentwith the directions stated in 

## the invoice. 

## If the department does not send the owner/operatoran annual letter or invoice stating the annual emission fee that is due, the ownerloperatoris not authorizedto continue operating the source without having firstpaid the applicable annual emission fee. 

## C. As 

## requiredby 74-2-16 NMSA, all monies received pursuant to Section 20.11.2.13 NMAC shall be deposited in the city ofAlbuquerque,pennits program (Fund 242). 

## D. Calculatingannual emission fees: (1) For each source, the potential-to-emitfor each fee pollutant shall be totaled and expressed in tons per calendaryear as a whole number. When rounding, if 

## the number after the decimal point is less 

## thanfive, the whole number remains unchanged. If

## the number after the decimalpoint is five or greater, the whole number shall be rounded up to next whole number. (2) The 

## sum of each fee pollutant shallbe multiplied by the appropriateannual emission fee listed 

## in Section 20.11.2.18NMAC then totaled, to determine the annual emission fee due. (3) The source shall pay either the minimum annual emission fee or the calculated emissionfee whichever is greater. 

## E. Sourceswishingto reduce their potential-to-emitmay apply for a permit or mow their existing permit consistentwith the provisions of 20.11.41 NMAC. [20.11.2.13NMAC -Rp, 20 NMAC 11.02.11.2,7/1/2001; A, 

## 3/1/04]
20.11.2.14 

## FILING AND INSPECTION FEES FOR THE REMOVAL OF REGULATEDASBESTOS CONTAININGMATE- FEE CALCULATIONSAND PROCEDURES 

## A. At the time of notification, a filing and inspection fee shall be paid by the ownerloperator removing regulated asbestoscontainingmaterial pursuant to 20.1 1.64NMAC, Emission Standardsfor Hazardous Air Pollutants for Stationary Sources, and the federal regulations incorporated therein. 

## B. The filing and inspection fee shall be calculatedby multiplying the asbestos unit (AU)by the applicable fee in 20.11.2.18 NMAC. Equation 1 shall be used to calculatethe total asbestos units (AU) and amount due: (1) TotalDue = 

## [(SF/ 

## 160)

## + (LF / 

## 260) 

## + (CF/ 

## 35)] x AU (Equation 1)

LII 

## 20.11.2 NMAC PUBLIC REVIEW 

## DRAFT 9/23/06

## (2) Where: SF = 

## square feet of asbestos containing material to be removed; LF = 

## linear feet of asbestos containingmaterial to be removed; CF = 

## cubic feet of asbestos containing material to be removed; and AU

= 

## asbestosunit (3) 

## Example: A contractorproposes to remove 320 square feet (SF), 260 linear feet (LF) and 70 cubic feet (CF) of regulated asbestos containing material. (4) From the example above: SF=320;LF=260; CF=70; and AU=$2 1.00(fiom Section20.11.2.18 NMAC). (5) From Equation 1: [(SF/ 

## 160)

## + (LF 1260)

## +(CF/ 

## 35)] x AU = 

## [(320 1 

## 160)

## + (260/ 

## 260) 

# + (70 / 

## 391

## x $21.00 = 

## (2 

## + 1

## +2) x $21.00 = 

## 5 x $21.00 = 

## $105.00 (6) Result: The contractormust pay $105.00 at the time of notitication. 

## C. All fees duepursuantto Section 20.11.2.14 NMAC shallbe 

## paid in accordancewith the procedures found in SubsectionsD, 

## E andF of20.11.2.11 

## NMAC. [20.11.2.14NMAC 

# -

# w, 20 NMAC 11.02.II.2,7/1/2001; A, 

## 3/1/04]
20.11.2.15 

## FEES FOR FUGITIVE DUST CONTROL PERMITS; FEE CALCULATIONSAND PROCEDURES 

## A. Each source required by 20.11.20 NMAC to obtain a fugitive dust control permit shall

## pay the total fee due atthe time the permit applicationis submitted to the department B. 

## The filing andreview fee for a non-programmaticfugitivedust control permit: (1) forprojects that are less 

## than 2 acres is $250.00; (2) forprojects that are at least 2 acresbut lessthan 

## 5 acres is $350.00; (3) for projects that are at least 5 acresbut less

## than 15 acres is $450.00; (4) forprojects that 

## are at least 15 acres or more is $550.00. 

## C. To calculatethe non-programmatic dust control permit inspection fee, which isin addition to the above non-programmatic permit filing and review fee, multiply the acreage on which activeoperations or disturbance will occurby $100.00per acre. The numberof acres must 

## be expressed 

## asa whole number. When rounding, if

## the number afterthe decimal point is less than five, the whole numberremainsunchanged. Ifthe number after the decimalpoint is five or greater, the whole number shall

## be rounded up to the next whole number. Rounding ofacres shall 

## occurbefore the fees 

## are calculated. 

## D. To calculatethe programmatic fugitive dust control permit fee, multiply the acreage upon which routinemaintenanceor routine ongoing active operations will 

## occurby the applicable emission controlfactor for a low impact source, moderate impact source, or high impact source as defined in Section 20.11.2.7 NMAC and then multiplyby $1

## 10.00. The 

## air quality 

## division (division) has a "source classificationguidebook thatincludes nonbinding examples of how to class* a no impact source, low impact source, a moderate impact source, and a high 

## impact source. Thenumber of acres must be expressed as a whole number. When rounding, if

## the number afterthe decimal point is less 

## than five, the whole numberremains unchanged. If the number afterthe decimal point is five or greater, the whole number shallbe rounded up to the next whole number. Rounding of acres shall 

## occur before the fees 

## are calculatedusing the applicable emission control factor in Section 20.11.2.7 NMAC. No filing and review fee isrequired for a programmaticpermit The total programmaticpermit fee is: (1) the fee calculated for any low impact source acres; plus (2) the fee calculated for any moderate impact source acres; plus (3) the fee calculated for any high impact source acres. However, the maximum combinedfee shall not exceed $10,000.00. 

## E. No fee shall be paid for "no impact source" acreage. F. 

## Example: the applicationfor a programmatic permit includesa total of 20 acres, of which 2 acres 

# -
are no impact source acres, 8 acres are low impact sourceacres, 5 acres are moderate impact source acres, and 5 acres are high impact source acres. To calculatethe programmaticpermit fee: 2 no impact sourceacres x 0 =

## 0 acres. 8 low impact source acres x 0.1 = 

## 0.8 acre. 5 moderate impact acres x 0.5 = 

## 2.5 acres. 5 high impact source 

# -
acres x 0.9 =

## 4.5 acres. 0 acres, plus 0.8 acre, plus 2.5 acres, plus 4.5 acres =

## a total of 7.8 acres. 7.8 acres x $110.00 per acre = 

## a total programmatic permit fee of $858.00. 

## G. The division willbegin work on the programmatic permit program immediatelyafter the adoption of 20.11.20

## NMAC, Fees. All applicants shall obtain a programmatic permitby July 1,2004,which isthe dateupon I 

## which all

## programmatic permits shall become effective during the first 

## annualpermit cycle. After June 30,2005,the term of each programmatic permit will be from July 1 through the following June 30, and 

## annualprogrammatic permit fees shallbe paid for each annual term. When a progammatic permit applicationis submitted, the applicant may either askthe divisionto determinethe fee to be paid by the applicant or the applicantmay submit a proposed

20.1 1.2NMAC PUBLIC REVIEW DRAFT 

## 9/23/06 6

## fee calculation No later

## than eight working days afterthe division has received the programmatic permit application and theproposed fee calculation, the division shallnot@ the applicantin writing ofthe total fees due. The applicant and the departmentmay agree in writingto extend the deadlinefor the departmentto issue the programmatic permit in order to attempt to resolve any pending issues, including any dispute overthe source classification or fee calculation. The total fees due must be 

## paid to the department before the departmentwill issue a programmatic permit. 

## A permit applicantmay challenge the department's determinationof source classification or fee calculation for a fugitive dust controlpennitby following the procedures establishedby Section 20.11.20.25 NMAC. 

## H. All fees due pursuant to Section 20.11.2.15NMAC shallbe paid in accordancewith the procedures found in SubsectionsC, E, and F of Section20.1 1.2.11NMAC. [20.11.2.15NMAC 

# - N, 7/1/2001; 

## A, 3/1/04]
20.11.2.16 

## FEE ERRORS, CORRECTIONSAND REFUNDS A. For permits otherthan 

## fugitive dust control permits, within 30 days of receiving an invoicefrom the city, any person who does not agree with the amount due may request a review by the directorto correct any errors or challenge the basis upon which the fee was computed. If 

## the director has not received a written request or challenge within 30 days after the payor receives the invoice, the invoice shall be 

## final. B. If 

## fees are due at the time of application, the payor mustpay the required fee, andthen request a review within 30 days ofpayment 

## C. All written requests forreview shallbe 

## sentto: Division Manager, Air QualityDivision, Environmental Health Department, 

## Air QualityDivision, 

## P.O. Box 1293, Albuquerque,NM 87103 

## D. The request for review must include: (1) the name of the ownerloperator,address and telephone number; (2) the dollaramount of the alleged error; 

## and (3) a descriptionof the alleged error and any other information the payor believes may support the claim 

## E. Within 30 days ofreceivingthe request for review, the director shall audit the account and, either: (1) amendthe invoice or bill andrefund any money due the payor; or (2) state the invoice orbill is correct. 

## F. The director may confer with the payor to obtain additional information duringthe audit period. 

## G. Within 10working days ofthe director's decision concerningthe review, the decision shallbe 

## sent by certified mail to address provided by the payor. H. If 

## a refund is due, the department shall rehdany money due consistentwith the policies and procedures of the city of Albuquerque. 

## I. The director's decision may be appealed to the board. [20.11.2.16 NMAC 

# - N, 

## 7/1/2001; 

## A, 3/1/04]
20.1 1.2.17 

## FAILURE TO PAY 

## A. It shall

## be a violation of 20.11.2 NMAC to fail to pay any fee required by 20.1 1.2NMAC, a director's decision, or a board regulation. B. 

## Statinganinvoice is in error shall not 

## be a defense to violation of Section 20.11.2.17 NMAC. 

## C. In additionto paying past due fees, the payor shallpay a penalty of 50 percent ofthe fee amount, plus interest on the fee amount computed in accordancewith 

## the section of the Internal Revenue Code relating to computationof interest on underpayment offederal taxes. [20.11.2.17 NMAC 

# - Rp, 20 NMAC 

## 11.02.11.2,7/1/2001; 

## A, 3/1/04]
20.11.2.18 

## FEE SCHEDULE A. Annual emissionfees: Sources issued a registration or permit pursuant to 20.11.40 NMAC, 20.1 1.41NMAC, 20.11.42NMAC, 20.1 1.60NMAC, or 20.1 1.6 1NMAC shallpay a 

## minimum annual 

## emissionfee of $150.00 or the annual emissionfee calculated consistent with Section20.11.2.13 NMAC, which ever is greater. The following fee pollutant rates shall be used in calculating the annual 

## emissionfee, unless otherwise listed: (1) non-hazardousfee pollutants: $31.00per ton; (2) hazardous fee pollutants (non-major sources): $3 1 .OO per 

## ton; (3) hazardous fee pollutants (major sources): $250.00 per ton; and (4) annual 

## emission fees for specific source categories: (a) auto body repair 

## and painting: $150.00;

c. 

## 20.1 1.2NMAC PUBLIC REVIEW DRAFT 9/23/06

### (b) 

### chromium electroplating: $150.00; (c) degreasers

## using organic solvents: (i) non-halogenated solvents

## using less 

## than2,200 gallonsof any one solvent-containing material or 5,400 gallons or more of any combinationof solvent-containing materials: $150.00; and 

## (ii) halogenated solventsusing less than 1,200gallons of any one solvent-containing material or 2,900 gallons or more of any combinationof solvent-containing materials: $150.00; (d) dry 

### cleaners(non-major): $150.00; (e) emergency generators: $150.00 or $31.00

## per ton, whichever is greater; (f) 

### gasoline service and fleet stations: $250 or $31.00 per ton, which ever is greater, (g) stand alone 

## natural gas or distillate fieled firedboilers less 

## than 10million

## BTU used exclusively for residential, commercial or institutionalheating and hot water: no charge; (h) 

### printing, publishing 

## and packagingoperations: (i) sheetfed (nonheatset)offset lithography using less 

## than7,125 gallons of clean solvent and fountain solution additivesper year: $150.00; 

## (ii) nonheatset web offset lithography using less 

## than7,125 gallons of solvent and fountain solution additiveper year: $150.00; 

## (iii) heatset web offset lithography using less than 50,000pounds of 

## ink,cleaning solvent, and fountain solution additives: $150.00; (iv) screen printing using less 

## than 7,125 gallons oftotal solventused including solventbased inks, cleaning solvents, adhesivesand coatings: $150.00; (v) flexography (water-based or UV-cured inks, coating and adhesives)using less 

## than 200,000 pounds total of inks, coatingsand adhesives: $150.00; (i) soil and/or water remediationoperations: $150.00; and ) 

### stationary sources with de rninimis emissions: no charge. 

## B. Air quality application reviewfees for sources requiring permits pursuantto 20.11.40 NMAC or 20.11.41 NMAC: (1) autobody 

## repair and painting: $500.00; (2) dry 

### cleaners: $500.00; (3) emergency generators: $500.00; (4) generic coating and abrasive operations: $500.00; (5) other fueling facilities receiving fuel by truck or

## rail (non-NSPS): $1000.00; (6) non-NSPS boilers (greater 

## than 10 million

## BTU): $500.00; (7) printingand packaging operations: $500.00; (8) retail and fleet gasoline service stations: $500.00; and (9) soiVwaterremediation systems: $1000.00. C. Case-by-case air quality application reviewfees for sources requiring permits pursuant to 20.11.40 NMAC or 20.11.41 NMAC (based on a source's potential-to-emitfor the single highest pollutant): (1) proposed sources

## witha potential-to-emitequal to or greater

## thanone ton per year and less 

## than fivetons 

## per year: $500.00; (2) proposed sources with a potential-to-emit equal to or greaterthan 5tons per year and less 

## than25 tons 

## per year: $1,000.00; (3) proposed sources with a potential-to-emit equal to or greater

## than 25 tonsper year and less

## than 50 tons 

## per year: $2,000.00; (4) proposed sources with a potential-to-emit equal to or greater than 50tons per year and less 

## than 75 tons 

## per year: $3,000.00; (5) proposed sources with a potential-to-emit equal to or greaterthan 75 tons 

## per year and less 

## than 100tons

## per year: $4,000.00; and (6) proposed sources with a potential-to-emit equal to or greater 

## than 100tons per year: $5,000.00. 

## D. Federal program and 

### state toxic airpollutant application review feesin additionto the air quality application review fees: (1) 

### 40 CFR 60 standards: $1,000.00; (2) 40 CFR 6 1standards: $1,000.00; (3) 40 

## CFR 63 standards: (a) promulgated standards: $2,000.00; (b) 

### case-by-case 

## MACT review: $10,000.00; (4) 

### PSDInon-attainment review: $5,000.00;

20.11.2 

## NMAC PUBLIC 

## REVIEW DRAFT 9/23/06

### (5) acid 

### rain review: $5.000.00: and (6) state toxic 

## air pollutant review: $500.00. 

### E. 

## Permit modifications: (I) P2 modifications: no charge: (2) mni~lor/flexible pennit modifications: $1.000.00: and (3) major modifications: $5.000.00: 

## F. Portable source relocationfee: $250.00: 

## G. Administrativemodificationsto existingpermit: $100.00: 

## H. Asbestos unit (AU): $2 1.00: 

### L 

## Administrative fees: (I) Professio~lal services fee: $75.00per staff hour. (2) Photocopyingand other copies of public records: aspro~ided by the New Mexico Inspection of Public Records Act and by the applicable city of Albuq~ierque ordinanceand admnhistrati\-einstniction ~iumnber 1-7 (3) Regulation compilation: $20.00: and 

## (4) Public records research fee: $50.00 per staffho~u. However. the chargefor copying public records shall not include a separatecharge for stafftime for locati~ig and copying the documents. 

## J. Variance request fees: a11y person \vho petitions for a variance sllallpay a fee of $1.500.00. unless the fee is 

## determined by th board at a hearing to unpose anundue eco~~o~nic burden on the petitioner. 

### K. 

## Board hearing fees: Any person who requests a hearing before the board to challenge the isslia~lce of a pennit. the terms of a pennit or pennit modificatio~~. the depml~ent's refiisal to issue a permit. orthe departulent's determinationof a source classificatio~l or fee calculatio~~ for a fugitive dust co~ltrol permit shall be cl~arged a fee of [[ 

# [I $125.00. 

### [20.11.2.18NMAC -Rp. 20 NMAC 11.02.11.2.7/1/2001: A. 3/1/04]


## HISTORY of 20.11.2 NMAC: Pre-NMAC 

## history: Material in the part was derived fro111that previously filed with the co~lunissio~~ ofpublic records 

## - state records center and archives under: Resolution I. Air Pollution ColltrolRegr~latio~~s of the Albuquierq~ie/Benulillo County Air Qualit\.ControlBoard. filed 8-06-7 1: Regrilation 1. Air Pollution Co~ltrol Regulations. filed 6-06-73: Regrilation 1. Air Pollutio~l Co~~trol Regulations. filed 7-19-73: Regilation 1. Air Pollution Co~~trol Regulations. filed 3-2 1-77: Regrilatio~l No. 2 1. Pennit Fees. filed 3-24-82; RegrilationNo. 21. Pennit Fees. filed 8-19-83: RegrilationNo. 21. Permit Fees. filed 3-01-94: RegrilationNo. 2 1. 

### Pennit Fees. filed 12-16-94.


## Histor?-of repealed material: 20 NMAC 11.02.Pennit Fees. filed 10-27-95. 

## Other history: RegulationNo. 21, Permit Fees, filed 12-16-94 renumbered and reformattedto 20 NMAC 11.02, Permit Fees, filed 10-27-95; 20 NMAC 11.02, Permit Fees, filed 10-27-95replaced by 20.1 1.2NMAC, Permit Fees, effective 7/1/2001.

C 

### 20.11.2NMAC PUBLIC 

## REVIEW DRAFT 9/23/06 9



## -- --"-- 

### --- 

# -

# AQb EXHIBIT 

# FJ

APPELLATE FILING & 

## ANSWER FEES IN STATE COURTS, 2003



## Top



## Top



# - Top

## APPELLATE FILING & 

## ANSWER FEES IN STATE COURTS, 

## 2003

LEGEND: 

# ------- (No Information Provided) NIA (Not Applicable--No Court) 

## Top

NOTICE: Court cost information can be subject to frequent changes, especially in difficult fiscal periods when governments have a tendency to raise court cost amounts inthe hope of generating more revenue. The National Center for State Courts welcomes information about changes in court cost amounts, particularly those applicable to the initial filing or docketing of cases. New court cost information should be directed to the Knowledae and Information Services Office.



## FOOTNOTES District of Columbia: *Docketingfee.

Hawaii: 'In addition to a filing fee, charges for other services include those listed in "Schedule of Costs of Courts," Hawaii Revised Statutes 

### 5607-6 and Rule 45(e) of the Hawaii Rules of Appellate Procedure. "Hawaii has a unitary filing system. All cases on appeal are filed with the Supreme Court (Court of Last Resort) and

will require only one filing fee. The assignment judge or justice, designated by the chief justice, screens each appeal and assigns it to either the Supreme Court or the Intermediate Court of Appeals for disposition. Back to 

### Table 

# DeK. 

## A

# AQD EXHIBIT A

-' 

## Butt, 

## Neal 

## T.

From: 

### Butt, Neal T. - - - 

### ---- 

## -- Sent: 

### To: Subject: 

### Tuesday, September 26,2006 4:33 

### PM Announce, Air Quality Availability of the Public Review Draft for proposed amendments to 20.1 1.2 NMAC, Fees

PLEASE DO NOT REPLY DIRECTLY TO THIS LISTSERVE

"-. 

## ... ALBUQUERQUE-BERNALELO COUNTYAIR 

## QUALITY CONTROL BOARD NOTICE OF HEARING AND REGULAR MEETING
On No~.ember 8. 2006. at 5: 15PM. the Albuquerque-Ber~~alillo Counh Air Qualih Control Board (Air Board) \\-illhold a public 

# - Ilearing in the Vincent E. Griego Chambers inthe basenlellt level of the Albuq~ierque-Ber~dillo County Go\-ermlentCenter. 400 Marqtiette A\.enueNW. Albuquerque. NM. 

## The hearing \\-ill address a proposal to anlend 20.11.2 NMAC. 

# Fees. and to incorporate aq. newly-adopted amendme~lts to 20.11.2 NMAC intothe New Mexico State I~llplemnentation Plan for air qualih- (SIP). as 

# .- described beloll-.
The proposed changesto the Fees regulationwill be limited to the following: 

# - A~llendlnents to Section 20.11.2.18 NMAC. Fee Schec!i/le.

## that would reduce the (filing) fee alllolint required by Subsection

## K of 20.11.2.18NMAC. Board Henrirlg Fees. 

## 11-luchcurrently requires that: "An!. person \\-I10requests a hearing before the board to challenge the issuanceof a permit, the ternls of a permit or pernut nlodification. the department's refiisal to issue a permit. or the

, 

## depart~nent's deternunation of a source classificatio~l or fee calculation for a fiigitil-e dust colltrol pernut shall be charged a fee of $1.000.00. unless the $1000.00 fee for the hearing process is detenluned by the board at a hearing to inlpose anundue economic burden on the petitioner." The proposed anlendnlents\1011ld reduce tlus (filing) fee fro111$1000.00 to $125.00. The proposed anlendnlentsto Subsection

## K of 20.11.2.18 NMAC would also repeal the langtiagethat currentl!- allo\\-sfor a n-ai\.erof tlus (filing) 

# - fee if

## the Board deter~nined that i~nposing this fee would be -'an undue econolnicburden". Further clarification \\-illbe achieved tluough a proposal to change the tern1 "fee". to the nlore accurate ten11 "fili~lg fee". ~~itlun Subsection 

## K of 20.11.2.18 NMAC. 

# - Follo~\-ing the public hearing. the Air Board is expected to hold its regular montlll!- nleeting at ~~luch the Air Board is expected to collsider adoptingthese proposed an~endnlents to 20.11.2 NMAC. 

# Fees. and to incorporate any ne\~l!.-adopted anlendnlents to 20.1 1.2NMAC into the SIP.

sll 

## The Air Board is the federally delegated air qualih authorih for Albuqtierq~ie and Bernalillo County. Local delegation authorizes the Air Board to adnuluster and enforce the Clean Air Act and the New Mexico Air Quality Co~ltrol Act. and to require airpollution
sources~~itlun Bernalillo Counh to conlpl!- wit11 air qtialih standards and regtilations.

LL 

## Hearings and nleetings of the Air Board are open to the public and all interested persons are encouraged to participate. All persons \\-I10~\-ish to test* regarding the slibiect of the hearing may do so at the hearing and \\-ill be given a reasonable opportunityto subnlit rele\.ant e~idence. data. vie~~s. and arguments. orally or in writing. to introduce exhibits and to examine ~vitnesses in

L-, 

## accordance\\-it11the Joint Air Qualih ControlBoard Ordinances. Section 9-5-1-6 ROA 1994 and Bernalillo Coiinh Ordi~la~lce 94-5. Section 6. 

# - An!-one intelldi~lg to present teclulical testimony is asked to subnut a written Notice Of Intent (NOI)before 5:00 pm on Wednesday No\-ember 1. 2006 to: Attn: No\.enlberHearing Record. Mr. 

## Neal Butt. Albuquerqtie Ern.iroluuenta1Health Department. P.O. Box 1293. Albuqtierq~ie. NM 

## 87103. or in person in Roo1113023. 400 Marq~iette A\-enueNW. The Notice 

## Of Intent sl~all identifj-the
name. address. and affiliationof the person. 

# - In addition. ~vritten collunentsto be incorporated into the public record should be recei~.ed at the aboj-eP.O. Box. or En\-irorunental Health Department office. before 5:00 pm on No~.ember 1. 2006. These conullents should include the name. address and affiliation of the indil-idualor orga~uzatio~l subnutting the statement. Written conuuents map also be subnutted electronicallyto nbuttii:caba.no~- and should include the reqnired name. address and affiliation of the indi~.idual or organization slib~nitting the statement. Interested persons 11uyobtain a cop! of the proposed regulation at the Em-iro~uuental Health Departlnent Office. or by contacting Mr. 

## Neal Butt electronically at nbuttifPcabq.~o~- or b!- phone (505) 768-2660.



# ... NOTICE FOR PERSON WITH DISABILITIES: If 

## you have a disabilih andlor require special assistance please call (505) 768-2600 [Voice] and special assistance\\-illbe made available to you to review an!- public meeting documnents. including agendas and ~lunutes. 

## TTYusers call the New Mesico Reba!- at 1-800-659-8331 and special assistance \\ill be made a\-ailableto you to

## review any public meeting documents, includingagendas and minutes

## From: Sent: To: Subject: Stark, Lee Tuesday, July 18,2006 12:lO PM Butt, Neal T. 

## FW: air-quality-announce

-----Original Message----- From: correo 

## [mailto:root@correo.cabq.gov] Sent: Tuesday, July 18, 2006 12:09 To: Stark, Lee Subject: air-quality-announce

### r~ bennettamercury.bernco.gov clehner@cabq.gov shivgoel@hotmail.com pchandler@bemco.gov Lany-Weaver@nmenv.state.nm.us 

## Gail-Cooke@nmenv.state.nm.us 

## Sandra-Ely@nmenv.state.nm.us rita-trujillo@nmenv.state.nm.us 

### Icaudill@flash.net 

## Brad-Musick@nmenv.state.nm.us slacy@doeal.gov dmckay@abqjoumal.com karenflash@aol.com dunnpilo@swcp.com kmulloy@salud.unm.edu akirkman@e2m.net mpappasae2rn.net cityhall@village.tijeras.nm.us sricdon@earthlink.net fmacias@cabq.gov jgould@doeal.gov mnelson@swcp.com hdoldew@sandia.gov Istark@cabq.gov tmenicucci@cabq.gov paul.silverman@geltmore.com 

## Bertha.Montoya@nmshtd.state.nm.us mcarstens@deItapower.corn rwilliams@classonetech.com 

## jeffrey.fredine@nmshtd.state.nm.us ray.matthew@nrnshtd.state.nm.us 

### EAdarns@cabq.gov JCastillo@cabq.gov JCzar@cabq.gov MGomez@cabq.gov SMayer@cabq.gov JDileanis@cabq.gov MCadigan@cabq.gov EGriego@cabq.gov TCummins@cabq.gov RSertich@cabq.gov NBennett@bemco.gov SGallegos@bemco.gov TCummins@bernco.gov LTafoya@bernco.gov rdoucette@bernco.gov adgallegos@bernco.gov emckinley@bernco.gov 

## planner@co.valencia.nrn.us sricpaul@earthlink.net poienvir@nrn.net atwood-c@aps.edu danwestem@qwest.net aquaticpoolsinc.com aquatic004@aol.com 

## ronfernandez@sandiaproperties.com ALEX.CUELLAR@citcomm.com 

## MayorChavez@Village.Tijeras.NM.US wade.peggy@epa.gov

### Regtext@netscan.com dennisr@agc-nm.org 

## dsumshler@worldnet.att.net vljaramillo@cabq.gov dnason@cabq.gov pmseby@52801aw.com jhorton@agGnm.org wacorraIs@msn.com tlucero@mercury. bernco.gov ksuozzi@mercury.bemco.gov TimW@mercury.bemco.gov sfish@mercury.bemco.gov gschroeder@mercury.bemco.gov TRAILSMGMT@aol.com betchang@salud.unm.edu gnryba@cybermesa.com nmpirg@pirg.org kkobam@citcomm.com rogerp@mercury.bemco.gov davem@bemco.gov encz@bemco.gov grogan@mrgcd.com h butts6@comcast.net jkelly@amafca.org Isk@swcp.com DRay@cabq.gov 

## roger.o.mcclellan@att.net Imoye@pnm.com rmead@desertmtncorp.com dap0tterafs.fed.u~ robby@swop.net rlee@blrn.gov swalters@cabq.gov bhall@cabq.gov ssummers@cabq.gov aduran@cabq.gov 

## Ithomas@geraIdmartin.com jacksonahigh-desert.com bvreeke@bhinc.com moisessanchez@terra.cl stevem@bernco.gov jleckst@sandia.gov hahwang@sandia.gov 

## rsanchez@generaIgrowth.com theresasanchez@cabq.gov jkubica@cabq.gov tagarcia@cabq.gov mcandelaria@cabq.gov bamaIdonado@cabq.gov sumshler@rcac.org 

## rmcclannahan@abqjoumal.com cblewett@mrcog-nm.gov pgrice6622@aol.com jlovato@amafca.org aldaz@aps.edu tcallaha@slo.state.nm.us kwent2aunm.edu NButt@cabq.gov craig.sloggett@ bnsf.com

### jay@horsemensvoice.com 

## nancygage@horsemensvoice.com rbeverly8@msn.com Iwatson@unm.edu kenneth.murphy@nmshtd.state.nm.us 

### sglassacabq.gov 

## nelsonconsulting@qwest.net GGallegos@salud.unm.edu 

## broehm@wagnerequipment.com gnerich@hotmail.com Iloydh@flash.net bjbrockx@aol.com gary.henderson@erm.com mike.sullivan@wmeng.com mikeabmt-tank.com sfettes@cabq.gov jhamel@cabq.gov tmiller@cabq.gov dhogan@cabq.gov ccaruso@cabq.gov valcole@flash.net mikehconsulting@aol.com kmaesta@pnm.com andrew.d.moen@intel.com 

## helen.Rinehart@genmiIls.com DANIELDENTON@msn.com John.Tenison@valero.com 

## Kordzi.Joe@epamail.epa.gov tlucero@bemco.gov polbarbara@7cities.net poi36801 @isletapueblo.com jbrennan@abqjournal.com NNorem@pnm.com Rigney.Theresa@ev.state.az.us 

### cabeyta@zianet.com ddaileyQca bq.gov apuglisi@sandiapueblo.nsn.us swngaikido@yahoo.com gjoffel @comcast.net Tomkuehn@where2fly.com ARogers967@aol.com sparker@ntec.org 

## andy-berger@nmenv.state.nm.us juliol71 @unm.edu Joanne@l000friends-nm.org PatMcCraw@aol.com nucanm@nucanm.org hqhfarrn@comcast.net rogerp@bernco.gov sdanciger@bemco.gov hoofprintspublication@hotmail.com 

### domalley@cabq.gov mheinrich@cabq.gov cloy@cabq.gov msalazar@bernco.gov 

## jowen@ci.rio-ranch0.nm.u~ Iori.snyder@ae.ge.com Jackie.Cames@kirtland.af.mil 

### peter.

## bauer@americangypsum.comMonday. October 30. 2086 

# I
tlpme,p>->- I 

## ses 

# 1

Air Qualiv Home Return to the Cleannohouse Public Review DrafI 20.11.2 NMAC. Fees Calender al Ever& Neal T. Butt, 09/27/2006 

### - 0514 PM

AQCB ReuMim AQCB Drafl Reaulations You can download any of the filer below by dragging %ern to your Windon desktop.TO open a Re for raadii. doubb-di& k. AQCB Meetins MinUleS 

# I

&r Qualav Ordinances <@, !hi, .-.-~' 

### 3% 

### 1-
- Citv Ordinances 

# /!
! 

### i

### / 

# STATE OF NEW MEXICO County of Bernalillo SS

NOT;:RY PLlBL.IC

,n Expires:

### New Mexico Register I

### Volume 

### XVII,Number 19 1

### October 16,2006

ALBUQUERQUE-BERNALILLOCOUNTY AIR 

### QUALITY CONTROL BOARD

On November 8,2006, at 5: 15PM, the Albuquerque-Bernalillo

### County 

### Air Quality ControlBoard 

### (Air Board) will hold a public hearing in the Vincent E. Griego Chambers in the basement level of the Albuquerque-Bernalillo County Government Center,400 Marquette Avenue

### NW, Albuquerque,

### NM. The hearing will address a proposal to amend 20.1 1.2NMAC,

## Fees, and to incorporate any newly-adopted amendmentsto 20.1 1.2NMAC into the New Mexico State Implementation Plan for air quality (SIP), as described below. The proposed changes to the Fees regulation will be limited to the following:
Amendmentsto Section 20.1 1.2.18 NMAC,

### Fee Schedule,that would reduce the (filing) fee amount required by Subsection

### K of 20.1 1.2.18

### NMAC,BoardHearing Fees, which currently requires that: "Any person who requests a hearingbefore the board to challenge the issuance of a permit, the terms of a permit or pennit modification, the department's refusal to issue a permit, or the department's determination of a source classification or fee calculation for a fugitive dust controlpermit shall be charged a fee of $1,000.00, unless the $ 

### 1000.00fee for the hearing process is determinedby the board at a hearing to impose an undue economic burden on the petitioner." The proposed amendments would reduce this (filing) fee from $1000.00to $125.00. The proposed amendments to Subsection

### K of 20.1 1.2.18NMAC would also repeal the language that currently allows for a waiver of this (filing) fee if the Board determined that imposingthis fee would be "an undue economicburden". Further clarificationwill be achieved through a proposal to change the term "fee", to the more accurateterm "filing fee", within Subsection

### K of 20.11.2.18NMAC. Following the public hearing, the 

### Air Board is expected to hold its regular monthly meeting at which the 

### Air Board is expected to consider adoptingthese proposed amendments to 20.1 1.2 

### NMAC, 

# Fees,and to incorporate any newlyadopted amendmentsto 20.1 1.2 NMAC into the SIP.
The

## Air Board is the federally delegated air quality authority for Albuquerque and Bemalillo 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 air pollution sources within BernalilloCounty to comply with air quality standards and regulations. Hearings and meetings of the 

### Air Board are open to the public and all interested persons are encouraged to participate. 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, Section 9-5- 1-6 ROA 1994and Bernalillo County Ordinance 94-5, Section 6. Anyone intendingto present technical testimony is asked to submit a written Notice Of Intent (NOI) before 5:00pm on Wednesday November 1,2006to: Attn: November HearingRecord, 

### Mr. Neal Butt, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, 

### NM 87103, or in person in Room 3023,400 Marquette Avenue 

### NW. The Notice Of Intent shall identlfy the name, address, and affiliationof the person.

In addition. n~itten conunentsto be 

### incorporated into the public record should be received at the above P.O. Box. or En\-ircmnental Health Depnrhnent oftice. before 5:00pm on Novelnber 1.2006. These conunents should include the name. address and aftiliiatio of the indi\.idualor organization sublnitting the statement. Written conunents mnay also be wbnlltted electro~lically to nbutt~t~:cabq.go\- and should include the required name. address and aftiliation of the individualor organization submittinethe statement. Interested persons may obtain a cop>- of the proposed regulation at the En\-iromnental HealthDepartment Office. or by contacting

### Mr. Neal Butt electronicall>- at nbutt:acabq.gov or by phone (505)768-2660.


### NOTICE FOR PERSON WITH DISABILITIES:If you have a disability andlor require special assistance please call (505) 768-2600 [Voice]and special assistancewill be made available to you to review any public meeting documents, includingagendas and minutes. TTY users call the New Mexico Relay at 1-800-659-833 1and special assistance will be made availableto you to review any public meeting documents, including agendas and minutes.

# Albuquerque-Bernalillo County Air Quality Control Board

Dr. 

### Matthew Camven, PhD -

### City, MikeMinturn 

## -City. Dr. 

### Johnnye Lewis, PhD 

## -County. Karen Wentworth 

## -County Vacant

# - City Mr. Isreal Tavarez -Secretary to the Board Vacant

# - EPC Liaison to 

### the Board

Hearing I 

## rl Draft Agenda

I 

### Proposalto amend 20.1 1.2 NMAC,

# Fees and incorporate an amended 

# Fees. into the New Mexico State .II.

1 I



# milem men tat ion Plan (SIP) for air quality.

I



### , 

### Regular Monthly Meeting Agenda 

## I CALLTO ORDER Date: November. 8,2006 (Wednesday) Time: 5:15 pm

3 

### Item 

## #1 Approval of the Agenda (Chair).

I 

### Location: Vincent E. Griego Chambers Albuquerque-Bernalillo County



# d Item #2 

### Approval of the Oct. 11,2006Meeting Minutes (Chair). 

# - ACTION ITEMS 

## J Item #3 

### Decision regarding adoption of proposal to amend 20.1 1.2 NMAC, 

# Fees and incorporate an

.I 

### amended 

## Fees, into the New Mexico State Implementation Plan 

### (SIP) for air quality. 

## I Item #4 

### Decision regarding adoption of 20.1 1.81 NMAC, Adiudicato~ Procedures

## -Air Oualitv Control

A 

### Board.



## I PRESENTATIONS

LI



## , Item #5 

### National Emission Standard for Hazardous Air Pollutants 

## -Dry CleaningMACT (Maximum Achievable Control Technology)Update 

## - John Liberatore,AQD 

## Y

p. 

### REPORTS Division reports provided in writing. Staff available for questions.

I 

### Jtem #6 

### Board Committee Reports 

# - South Valley Air QualityTeam 

## - Report on findings and results. By-Laws Committee update.
OTHER BUSINESS
Item #7 

### Reminder given to the Board of upcoming hearings: 

# i Proposed amendmentsto 20.1 1.63 NMAC, New Source Performance Standards for Stationary Sources, and 20.1 1.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, on December 13,2006. Reopening of hearing in the matter ofMountain View Neighborhood Association, South Valley Coalition of Neighborhood Associations, Joaquin Altarnirano 

## ,Julio Dorninguez and Patty Grice and Teresa Ortiz-Strogen,Petitioners, vs. City of Albuquerque, Respondent,Docket No. AQCB-2006-01, challengingthe issuance of Authority-to-Construct Permit No. 1758to Vulcan Materials Co. on December 13,2006at 1:30 p.m. AQCB Draft Agenda Page lof 2

# EXHIBIT

8

Exhibit 8: Public Comment -- None Submitted (See Fees Hearing Transcript, November 8, 2006, page 3)

## I 

## 2 3 4 5 6 7 I 9 10 l l T2 13 14 

# 1s t6 17 18 l9 20 2l 22 23 24 

# 2s 26 27 28 2e 30 3 1 32 33 34 35 36 37 3 8 39 40 4l 42 43 44 45 46 47 48 49 50 5 l 52 53 54 CIAPIER 11 AI,BITQITERQ-ITEIADRNALILLO COUNTYAIR QUALTTY CONTROL

BqARn FÁBTz trEES z0"Il,Ll $SUI¡{GAGENCY: Albuquerque/Bernalillo County Air euaüry

ContolBoa¡d,

Environmeutal HealthDeparmoenq

P.O.^lq1t-2P:,åtbuquerqire titr,tgZtO¡.

fetspnone: (50t Z6S_2600. [20.tr.2.tNMAC-Rp,20NMAÇ,Ir.02.i.t,ittjzootl -
20"112.2 SCOPE¡ .d Applicabitity: (11 anypersol

reçiredto obtain

apermitp*rsruntto

zo.|.42NMAC; \?l any person requirç{ to obtain aperntt pursuant

to 20. 11.4r ¡wec; -gl mylTgn witba validrcgisfation otper-it issue.d

pursumt to 20,11.40

NMA c, 2o.tt.4l NMAC,or2O.Il.42NMAC;

(4) aty Dçrson Îçquircd

to obtain afugifivçdust

mnûolpermit

pursuant to 2o.tl.20NMAc, Fugitive Dust Control;

(5) a¡ry Pçrsotrrçq¡ired 1o

povrdlnotiffcationrggarding rcmoving regulated asbestos containing naterial pursuaqt

to 20.1r'64

N\44c, Eniission

sundarde rorlãzæeðus

Air poúr*ints

ior sauonary

Sourccs; \91 any person tequesting pofessional

ora4minisftative

serviæs or copiur ofpuUUs rçcords; and Ø any persol yho requests

avariance ora hca¡ingbefore

thcbqæd- B' srempü 20.11-2NN4AC does notapply to sorise,ç

øt¡in nËrnãiuo

county tbafare locatcd

on Indian lands over wbich thcAlbuquerque/Bernarillo *ooty uit quality

conEol boa¡d lurro¡ñr¿iøoo. C' vrrÍrncç¡ Anvpe'rsongr¡y_grye{atiñery"a¡iaicçn'omthr-trqü"çrä1iof 20.u.2NL4ACin açcordançç

withVariancc

hsççdurçs,

20.11.7 NMA€,ir¿flowert

by ferterar,

*otc ôi r*ur iaws

ancrceultrioqs. 

# 120.rr.2.2 NMAc-Rp,20NtrdAc

rr.oz.r.2&20NN¡Ac

lr.orJ.s, itiziSol;Ã,lilnl*"'
2o'll'2'3 STATTITORY AIITHORITY: 20.11.2

NIvfAC is adopted pursuant tothçautho¡ity

provided in thcNewMçxico

Air Quality

Açt,NMSA 1978

Sections 74-24,1+i-i;tüc ¡oïnt¡¡. arrüty ðonuolBoard O¡dinancæ,

Bemalillo County Ordinance

94-5 $cctions ¡ an¿ +;and tUe.Joid

Air A¡aütyCdntofFoard

enlinancç, Revised ordiuanæs of Albuquerque 1994 section 9-5-l-3aø-se.ctiofg-5.14. [20.11.2.3 NMAC -Rp,20 NMAC 11.02.r.3,

7nt200r; +itito+l 

# STAFFPROPOSTIT

FLOORAMENDMENT
ÏTTLE 20 DNWRONMENTALFROTTçTION

20,112.4 DURATION: Pcrmansrt 120.7I.2.4 - Rp, 20NMACI 1.02.L4,

7ßtã}}tl 20"!I,2'S EXTECÏTVE DATE; Jutyt, 2001,

tml€ss alater date is cihdatthe end ofasç,etion or pamgrapL [20.11.2.s NMAC -Rp. 20 NMACil.O2.r.s.

7tr/200t 20.1t2"6 OBJECTIVE: a To implemenr

fhereEriremerrts

of 71-2-7 NI\dsA br-establishing: (l) reasouablefeesto

çor-erthe çostofrelie$ingand

äøingonan¡:penuitapplicationreceir-ed bv tlre Deparürcnü rr--*Ìrr+



## (2\ reasonahle

fes toçor-er thecost

of imprementing

a¡rd enforcing trrc ternuand conditions

ofa'1. permit issued b¡-the departruelt

ancl (3 ) a sclredule.of

operating permit

fees oousistçnt nith sestion 502(bX3) of theClea[Ai¡ Actalrd

the joim air r¡ualifisontrol

board ordinances.

- B' Toestablishreasdmble fees to ty*ry *rgft¡¡:rL¡ll.:.,g!flFÈlt rl¡q {¡1n!!r!!p$tti1!+:¿:

cost of rwiance procedures

and per-mit-related

adninistratire

heari+gs ueroie uré-Èroar¿: C. Toinrpleürrcrrt

therequiremzuts

of Section

507 oftlre fedcrnl Clean Air Act b¡-

establishi¡1g adequate fuudilgfor as¡altbusi¡ress stationa[-source

tecbnical a¡rd en¡ironrnzutal.oorptianre

assishuce progrilr: D. Toestablish

reasonablç

fees toço\-ef t$e adnriqis6atire

çrperses incur;e¿

bl:gre deparüuent

i' iuplemeuiug

alrd e[forcing

theprorisions

ofthe Nen-Mexico

Air a"aüF i;"t"Iãrt ¡i.¡oi* oi, quuri[. çoffrol board ordinances.

and tlre AlbuqrrerçrelBer¡alillo

counb'air quâliÐ-ìoilrolUoarO

regufaùãi":

anO 

# EXHIBJT 

# ?

20.TI,2NMAC PTJ"ßLIC REVIEW DRAFI 9123 106

# ATTACHMENT 

# K

Attachment 

## K contains a copy ofthe Hearing Transcripts for November 

## 8, 2006L 

# ( 3 1. Public Review Draft. 20.11.2 NMAC 

## FEES HEARING, 11/8/06

3 IN THE MATTER OF THE 4 PROPOSAL TO AMEND 20.11.2 NMAC, "FEES. " 5 1 1 BEFORE ME ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD

4 2. New ~exi co court ~il ing Fees 5 3. Notice of Availability of PRD,
6 sent to ~istserve
7 4. 9/27/06 Posting of PRD on AQD'S 3 1 EXHIBITS ADMITTED 2 AQD EXHIBIT:



# I 18 website 10 

# 1 

# 1 1 9 5. 8/26/06 Albuquerque Journal Legal 

# 1

9 10 TRANSCRIPT OF PROCEEDINGS 11 10 Notice
11 6. 9/15/06 New Mexico Register Legal 12 Notice 13 7. 11/8/06 AQCB Draft Agenda 14 8. Public Comment (None Submitted) 

# 1 l2 

# 1 15 9. staff proposed Floor mendment lo 

# 1

13 14 BE IT REMEMBERED that on the 8th day of 15 ~ovember,2006, this matter came on for hearing before 16 MARIADOMINGUEZ, Hearing Officer, and the Albuquerque17 ~ernalillo county Air Quality Control Board, the Vincent 18 E. Griego chambers, 400 Marquette, Northwest, 1 Civic 19 plaza, Albuquerque. New Mexico, at the hour of 5: 30 PM. 20 21 2 2 2 3 2 4

APPEARANCES

2 FOR THE ALBUQUERQUE-BERNALILLOCOUNTY AIR QUALITY 

# 1

CONTROL BOARD:

3 MR. JENS DEICHWN, Chair 4 MR. AUGUSTINE GRACE MS. KAREN WENWORTH 15 DR. MATTHEW CAMPEN DR. JOHNNYE LEWIS 16 MS. MARIA DOMINGUEZ, Hearing Officer

7 FOR THE ENVIRONMENTAL HEALM DEPARTMENT: 8 MR. NEAL BUlT 9 ~nvi ronmental Health Department 1Civic plaza 10 ~l buquerque, New ~exico87102



## - INDEX NEAL BUTT Direct ~estimony Questions from Board Members PATTY GRICE ~i

rect ~estimony PAT MC CRAW Direct Testimony 1 MR. DEICHMANN: Good evening. Good evening. 2 ~ood evening. 3 ~ood evening and welcome, Board. 4 MS. WMINGUEZ: We're going to start the 5 meeting 

### -- hearing now.
MR. DEICHMANN: I've got the wrong frequency. ~ood evening and welcome.
AS a preliminary matter, I would like to give the soard members and members of the public a general overview of this evening's order of events and guidelines of procedure. In addition to the regularly scheduled monthly meeting, we are set for public hearing, and I would ask that both Board members and members of the public keep their comments and questions limited to the matter either being heard or the matter on the table.

~t this point, I will turn over the floor to the Hearing Officer.
MS. Domi nguez. MS. DOMINGUEZ: Yes. ~ood afternoon. This is a public hearing of the AlbuquerqueBernalillo county Air Quality control Division. This hearing is being held on Wednesday. 25 

# 1 25 November 8th, 2006, at approximately 5:30. 

## KATHY TOWNSEND COURT REPORTERS

## FEES HEARING,

5 The purpose of this hearing is to take evidence regarding the proposed changes to the fee regulations, specifically 20.11.2, Subsection K.
AS you know, hearing 

## -- at hearing board, we don't have the rules of evidence, but testimony is limited to relevancy, and ~oard members are to make decisions based on sworn testimony. nnd with that, I would ask that the court reporter swear in any witnesses, and if you would like to speak, please sign up at the back of the room for pub1 i c comment.
~t this point. I would ask that a member from the city present the proposal.
MR. BUlT: hank you. Neal ~utt. NEAL Bun after having been first duly sworn under oath,

was questioned and testified as follows:
DIRECT TESTIMONY
MR. BUTT: Good evening, Madam Hearing Officer and members of the ~oard.
MY name is Neal Butt. I'm the air quality planner for the Control Strategies Section of the Air quality Division of the City of 

### nlbuquerque's ~nvironmental ~ealth oepartment.

6
I

would like to present for your consideration proposed amendments to the Board regulation 20.11.2 NMAC, entitled "~ees," also known as Part 2. The lion's share of the previous amendments to Part 2 were promulgated to incorporate the new fee structure proscribed by the newly adopted regulation, "~ugitive oust Control," which is 20.11.20 NMAC, which

was adopted by the ~oard on january 14th. 2004. ~ut in addition to these amendments, two other changes were made, One change was made to the regulation to, quote, "establish reasonable fees to

cover the cost of variance procedures and permitrelated administrative hearings before the Board." Another change was made to section 20.11.2.18 NMAC, entitled "Fee schedule," Subsection K, entitled "Board Hearing Fees," which presently states, quote, "Any person who requests a hearing before the Board to challenge the issuance of a permit, the terms of a permit, or permit modification, the oepartment's refusal to issue a permit, or the oepartment's determination of

a source classification or fee calculation for a fugitive dust control permit shall be charged a fee of $1,000, unless the 51,000 fee for the hearing process is determined by the Board at a hearing to impose an undue economic burden on the petitioner. " 

## 11/8/06 ,

25 filing fee of $125 when the docketing statement is 7

1 ~hese previous amendments to this regulation



## KATHY TOWNSEND COURT REPORTERS , 2 were adopted by the Board on january 14th, 2004. I 3 filed the amended regulation on january 28th, 2004, and 4 the amendments became effective locally on March lst, 5 2004. 6 I then prepared the amended regulation and 7 supporting exhibits for delivery to the Governor for his 8 review and subsequent submittal to EPA for their 9 approval. 10 Director Santistevan requested the Governor's
11 endorsement of this request on March 31st, 2004, which 12 was then granted on September 7th of that year. 13 After Governor Richardson signed the 14 transmittal letter, I sent the request for a revision to 15 the State ~mplementation plan, otherwise known as the 16 SIP, to EPA, Region V1 in Dallas, for their review and 17 approval. 18 During the intervening years between the time 19 the ~oard approved this amendment and today, three 20 issues have arisen that have prompted the oivision to 21 propose amendments to the Fees regulation. 22 First, after an extensive review period, the 23 staff from EPA informed me that the 51,000 fee for a 24 ~oard appeal would need to be reduced in order to 25 receive their approval of the SIP revision that we
8

1 requested back in 2004. 2 secondly, in light of the recent permit appeal 3 hearings, the rationale for imposing a $1,000 fee to 4 cover the actual cost of a permit-related administrative 5 hearing no longer seems to be realistic. 

### nt the time of 6 the 2004 amendment hearing, the oivision had not 7 experienced a permit appeal of the magnitude of Vulcan 8 Enterprises. Therefore, instead of trying to recoup all 9 of the costs associated with an appeal hearing, the 10 proposed $125 filing fee would be used to partially
11 offset the administrative costs with processing the 12 paperwork involved.
13 nnd, third, since this amendment was adopted,
14 three appeals have been filed, and in each case, the 15 filing fee was refunded by the Board, which ruled that 16 those fees were an undue economic burden to those 17 particular petitioners. 18 ~t's because of these reasons that the 19 oivision is proposing to reduce the Board hearing fee 20 from $1,000 to $125, as shown inAQD Exhibit 1 

### -- excuse 21 me, AQO Exhibit 1, page nine, line 22 and 23. 22 This will bring the filing fee in line with
23 the filing fee charged by the New Mexico Appellate 24 Courts, where the appellant must pay the Appellate Court

## FEES HEARING, 11/8/06

9 filed. This is shown inAQD Exhibit 2. ~lso, to be more correct, the subsection titled "Board Hearing Fees" should be changed to "Board nearing Filing ~ees," which is on page nine, line 19, public review draft. Inaddition, by reducing this fee to a more modest amount, the need to provide for a fee waiver is not deemed necessary, so the Division proposes to strike the language that refers to the undue economic burden waiver for this fee. This change is proposed on page nine. lines 22 and 23. The public review draft showing the proposed amendments was released on September 23rd of this year,
as shown in ~xhibit 1. ~otice of the availability of this draft was sent to the ~ir ~uality Announce ~istserve on september 26th of this year, as shown in Exhibit AQD 3. The draft was posted on the Air Quality ~ivision's website on September 27th, as shown in Exhibit 4.~otice of tonight's hearing to adopt amendments to Part 2 was published in the Albuquerque Journal on September 23rd, as shown inAQD Exhibit 5. Also, the same ad was posted in the New Mexico Register as a notice of proposed rule-making on

10 October 16th, as shown in AQD Exhibit 6. The agenda for tonight's meeting is shown in AQD Exhibit 7. here were no comments received by EPA or the public that would have gone under AQD Exhibit 8, so you
can ignore that, unless any is admitted tonight. And then there is one proposed floor amendment, AQD Exhibit 9. At this time, I would like to move Exhibits 1 through 8 

### -- I mean, 1through 7 and 9 into the record, and I stand for questions.
MS. DOMINGUEZ: At this point, I will admit the proposed Exhibits 1through 9. They are admitted. (AQD Exhibit 1through 9 admitted.)
MS. DOMINGUEZ: At this point, I would like to take questions from the Board of Mr. ~utt.
MR. DEICHMANN: Madam Hearing Officer, I have

one question.
YOU mentioned that the 

### -- I believe you said the EPA would not approve the 51,000 fee in the SIP. 1s that right?
MR. BUT: In the SIP, that's correct.
MR. DEICHMANN: SO that's never been incorporated or an approved part of the SIP? 11 1 federally enforceable.
2 MR. DEICHMANN: Thank you. 3 MR. BUT: Part 2, all the other previous
4 amendments in the past years and years and years are in
5 there. 6 So up through the most recent amendments which

we proposed to the Board are into the SIP. he most recent amendments are not inthe SIP and will not be in the SIP, until if and when you approved tonight's amendments, and then I get the Governor to sign it again and send it back to EPA with revisions and then, hopefully, they'll approve it in a year.
MR. DEICHMANN: Thank you.
MS. WMINGUEZ: Are there any other questions from Board members?

or. Lewis.
DR. LEWIS: Thank you, Madam Hearing Officer.
I

guess I'm just a l i t t l e b i t confused on what just happened, because the thousand dollar filing fee

was applied in a couple of cases and then we did the waiver on it. Does that mean that it was inappropriately applied, because it never had been adopted officially?
MR. BUT: NO. Locally, for Bernalillo county, it's enforceable.

12 DR. LEWIS: okay.
MR. BUT: But assuming we couldn't perform

our duties for some reason, EPA would not be able to step in and charge that thousand dollars until the SIP is approved.
DR. LEWIS: SO it was legal to actually have those?
MR. BUT: ~tis legal for us to enforce it in Bernalillo County right now, because it's 

## -- locally, you adopted it, so that makes it locally enforceable 30 days after you adopt it, but assuming this gets adopted, and I get all the signatures, then EPA will be able to step in if we're not able to enforce it.
DR. LEWIS: Thank you for the clarification.
MS. DOMINGUEZ: Are there any other questions from Board members?

~tthis point, are there any questions or cross-examination from members of the public? For the record, I note that there are no questions from members of the public. Yes, there is.
MS. NIETO: One person signed up. MS. WMINGUEZ: IS that Patty Grice? Patty McCraw? Patty Grice.
MR. Bun: The most recent amendments are not 125 MS. GRICE: Patty Grice, G-r-i-c-e. 

## KATHY TOWNSEND COURT REPORTERSafter having been first duly sworn under oath,

was questioned and testified as follows: DIRECT TESTIMONY 

## FEES HEARING, 11/8/06

2 5125 is barely going to cover the costs of the papenvork 3 involved, just the filing and the xeroxing just of the

4 filings. 13 PA^ GRICE

MS. GRICE: I'm a little confused on something 

# 1 5 The actual 

## -- the rest of the costs is going 

# I 15 1 because, as I thought I made clear in my statements,

here.
I understand there is a floor amendment that 6 to run into the thousands and thousands of dollars, and
7 so it's not going to cover 

## -- it will barely cover says to establish reasonable fees to partially offset 

# 1 8 pushing the paper, so I wanted to make it sound more 

# I
the administrative cost, but there is no dollar figure 

# 1 9 correct. 

# I
related here, so how is the public supposed to know, if 

# 1 lo And this is not a back door, like in a 

# I they appeal a permit or something that happens, what 

# ( 11 software program, where you can sneak in any price that 

# I they are going to be charged for this? 

# 1 12 you'd like. This is to make that more correct. 

# I
his is another 

## -- to me, this could sneak up 

# 1 13 The exact dollar figure that's going to be 

# I
and smack us again in the face with another thousand dollar filing fee if we're being asked to partially offset the administrative costs.
I

don't know of any other agencies 

## -- if you go before the county zoning committee or the CPC and appeal a permit, they don't ask you to cover the cost of the hearing fees. 

### rf this is a problem with the city not having the funding, maybe we need to go back and ask the Mayor for more money to fund the Air Quality Division. That's

one thing.
I do support reducing the fee to a set figure

14 of 5125, though, but I don't like leaving it wide open to just basically partially cover the offset 

### -- partially offset the costs of the administrative. MS. DOMINGUEZ: MS. Grice, if you'll have a seat, and Mr. Butt will have an opportunity to answer. MS. GRICE: sure. MR. BUTT: The floor amendment is to make it

more correct, because some of you weren't here when the last Board amendments were made, so I may have glossed

over it a little bit. The last Board was adamant, when we did fugitive dust fees and fees, both fugitive dust had to go back into the workshop and have extensive changes made to it, and the fees, also, had to be 

### -- have extensive changes. ~nd as the result, previous Board members were adamant, and stood their ground, and made sure that there was enough money charged both for the permit appeal and the variance appeal to cover all the costs, and that was their feeling back in 2004.

AS I explained before, we're now backing off

on that position of the previous Board and lowering the amount down to something that's more reasonable.

so on page one, line 48, it doesn't make sense adopted by the Board is where the rest of the amendments
are, which I told you about, from a thousand down to one and a quarter for a permit appeal, and for a variance appeal, it's 51,500,and those are set in stone unless you change them, and they are not going to change them, and the Division can't change them, only you can change them.

so if you agree that you want it down to one-and-a-quarter, it will be that; if you don't, it will stay at a thousand. But those numbers are not fluid, you have to approve them, and then EPA will have to approve them, because they've already kicked it back

16 for the thousand. So the first amendment isjust language correctness, it's going to barely cover anything; and the second one is to reduce it, to make it more modest and realistic. MS. DOMINGUEZ: Are there any questions from the Board on this specific issue that Mr. Butt spoke about?
Dr. ~ewis.
DR. LEWIS: I think the confusion is that the first part that Mr. ~utt is amending is just under the objectives, and isn't actually stating the fees, it's just saying that the objective is to partially recover. MS. GRICE: Okay.
DR. LEWIS: And then the actual fee is actually documented precisely as a dollar figure at a later point.
MS. GRICE: okay.
DR. LEWIS: SO I think that might be where the confusion is coming in. MS. GRICE: okay. DR. LEWIS: That's correct?
MR. BUTT: Yes.
MS. DOMINGUEZ: We have one other member
to leave it saying it's going to cover all the costs, 25 signed up from the public. I don't know whether she 

## -- KATHY TOWNSEND COURT REPORTERS14 avoid costly hearings, then they should be careful about
15 where they place these items, and then maybe the costs 

## FEES HEARING, 11/8/06

17 1 Pat McCraw.
2 ~'m sorry, ma'am, come on up. 3 PAT MC CRAW
4 after having been first duly sworn under oath,
5 was questioned and testified as follows:
6 DIRECT TESTIMONY
7 MS. MC CRAW: I'm just expressing an opinion
8 here, and that is that $125 sounds like a reasonable
9 amount for a hearing. 10 I like see it as Patty
11 rice said, and ~'m basically here to support Patty
12 Grim.
13 ~nd if the city Air Quality ~ivision wants to

NOTARY PUBLIC CCR License Number: 23 Expires : 12/31/06 19 1 STATE OF NEW MEXICO ) 2 )ss. 3 COUNTY OF BERNALILLO) 4 I, Kathy Townsend, the officer before whom the 5 foregoing hearing was taken, do hereby certify that the 6 witnesses whose testimony appears in the foregoing 7 transcript were duly sworn by me; that I personally 8 recorded the testimony by machine shorthand; that said 9 transcript is a true record of the testimony given by 10 said witnesses; that I am neither attorney nor counsel 11 for, nor related to or employed by any of the parties to 12 the action in which this matter is taken, and that I am 13 not a relative or employee of any attorney or counsel 14 employed by the parties hereto or financially interested 15 in the action.

16 wouldn't be so high.
17 So I just want to say I'm supporting the 5125,
18 because I was at the meeting where people dug intheir
19 pockets to come up with 51,000, and that was an 18

19



# 1 24 Are there any other questions? 124 

# I

20 embarrassment for the city.
21 so that's my comment. I'm supporting Patty.
2 2 Thank you.
2 3 MS. DOMINGUEZ: Thank you, ma'am. 20 MY commission Expires: 9/12/09 21 22 2 3



# ( 2 presentation from the city at this point? 

# I

25 ~obody else has signed up from the public.

18 1 Are there any 

## -- is there any other 

# 1 MR. BUlT: NO. 

# I 25



# 1 MS. DOMINGUEZ: If there are no questions or 

# I I 5 further evidence, at this point I would like to close 

# I 1 6 the hearing. 

# I 1 The hearing is now closed. 

# I (Hearing concluded at 5:49 PM.)

25 

## KATHY TOWNSEND COURT REPORTERS 505-243-501

### 8

## FEES HEARING, 1118106 

# 1

1 

# i C

calculation (11 

## - 6:21 CAMPEN [I] 

# - 2:5 careful [I] 

## - 17:14 case [I] 

# - 8: 14 cases[i]

## - 11:20 CCR[l]

# - 19:19 certify [I] 

# - 19:5 Chair [I] 

# - 2:3 challenge [I] 

# - 6:18 Chambers 111 

# - 1:18 change 171- 6:10, 6:14,9:io, i5:ia, 15:19

changed111 

# - 9:3 changes [41- 5:2, 6:10, 14:13, 141 5 charge [I] 

## - 12:4 charged 141

# - 6:22, 8:23, 13:12, 14:18

City 111 

## - 5:24 city(51- 5:13, 13:21, 17:13, 17:20,18:2

Civic [2] 

# - 1

### :18, 2:9 clarification [I] 

# - 12:14

classification 111

# - 6:21

clear [I] 

# - 15: 1 close [I] 

# - 18:5 closed [I] 

# - 18:7 coming 

# - 16:20 comment PI- 5:11, 17:21

comment[l]

## - 3:14 comments (21

## - 4:15, 10~4

Commission [I] 

## - 19:20

committee[I] 

## - 13:18 

# 1 concluded [I] 

## - 18.8 approve [4]- 10:20. 11112, 15:24, 15:25

approved [4] 

## - 7:19, 10:24, 11:9, 12:5 AQCB [I] 

# - 3: 13 AQD [ill 

# - 3:2, 8:20, 8:21,9:1,9:17, 9:23, 10:1, 10310:5, 10:14 AQD's [I] 

# - 317 arisen [I] 

## - 7:20 associated 111

# - 8:9 assuming 121

# - 12:2, 12:ll

attorney 121

## - 19:10, 19:13 AUGUSTINE [I] 

## - 2:4 availability [I) 

## - 9:15 Availability [I] 

# - 3:5 avoid [I] 

# - 17:14 

## B

backing 111 

# - 14:z1 barely [3]

## - 15:2, 15:7, 16:3

based [I] 

## - 5:7 BE111

# - 1:14 became [I] 

# - 7:4 BEFORE 111 

## - 1:1 BERNALILLOp]

## - 111, 2% 1913

Bernalillo 141

## - 1:17, 4123, ii:24, 1219

between [I] 

## - 7:18 bit PI 

## - 11:la, 14:10 board [I] 

# - 5:4 BOARD

### [z]

# - 1:1, 2:2 Board 1301

# - 1:17, 2:15,4:3, 4:9, 4:14, 5:6, 5:21, 6:2, 63, 6:13,6:16, 6:17,6:24, 7:2, 7:19, 7:24, 8:15,

26th[l]

# - 9117 able [3] 

## - 12:3, 12:13 Announce[i]

## - 9:16 27th [I] 

## - 9:19 action 121

# - 19:12, answer p]

# - 14:5 28th [I] 

## - 7:3 appeal 

### [lo] 

## - 7:24, actual [31 

# - 8:4, 15:5, 8:2, 8:7, 8:9, 13111, 13:19, 14:19, 15:16. ad [I] 

## - 9:24 15:17 adamant 

### [z] 

## - 14:11, appeals [I1



## - appellant [I] 

## - 824 addition 131

## - 4:12, Appellate [2] 

# - 8:23, 31St [I] 

## - 7:11 6:9, 9:6 8:24 administrative 161

## - applied [21 

## - 11120, 1 11:23 13:16, 14:3 approval 131

# - 7:9, 7:17, 7:25 

## KATHY TOWNSEND COURT 

## 505-243-501 8 19:19 amount 131 

### - 9:7,

23rd 121

# - 9:13, 9:23 14:23, 17.9 admit [I] 

# - 10:12 

# I ADMlllED [I] 

## - 3:l admittedA 

## - 10:6, 

## $



# - -- -.A* ,. 

# ---- - 

## 4

14:11, 14:16, 14:22, 15:14, 16:7

bring[I] 

# - 8:22 burden [31- 6:25, 8116. 9:9

BUT1141

## - 2% 2113, 5:14, 5:16, 5:20, 10:22, 10:25, 11:3, $1,000 171

## - 6:23. 723, 8:3, 8:20, 10:20, 17:19

confusion [2] 

## - 16:10, 16:20

consideration 111 

## - 6:l

control 111 

## - 6:22 CONTROL^] 

## - ill, 2:2

Control [41- 1:17, 8:19, 913, 10:16, 11:7, 1 confusedpl- ll:18, 4 (21

# - 3:7, 9:20 10:13, 10:14 400 [I] 

# - 1:18 adopt 121

# - 9:21, 48 [I] 

## - 14124 12:ll

11:24, 12:2, 12:8, 4:23, 5:23, 6:7 14:7. 16:23. 18:3 

# 1 correct (61

## - 9:2,

Butt161

# - 5~15. 5122, 10:22, 14:8, 15:9, 10:16, 14:5, 16:7, 

# I 15:12. 16:22 16:ll 

# 1

correctness [I] 

## -

I 

## REPORTERS



## 1 11:15, 12:16, 149, 13:5 $1,500 [I] 

# - 15:17 adopted [s]

# - 6:6, 63, 7:2, 8:13, 11:23, 12:10, 12:12, 15:14

afternoon [I] 

# - 4:21 agencies[i]

# - 13:17 Agenda [I] 

# - 3:13 agenda 111

## - i0:2 agree [I] 

## - 15:21 AIRIZ] 

## - 1.1, 2:2 air [I] 

## - 5:22 Air 171

## - 1:17,4:23, 5:23, 9:16, 9:18, 13:23, 17:13 ALBUQUERQUE 121


## - l:l, 2:2 $125 171

# - 8:10, 8120, 8:25, 14:1, 15:2, 173, 17:17 

## 1 

# -

1 1101

# - i:is, 2:9, 3:3, 8:20, 8:21, 9:14, 10:9, lO:lO, 10:13, 10:14

10 [lo] 

## - 2:15, 3:3, 3:4, 3:6, 3:8, 3:10, 3:12, 3:13, 3:14, 3:15

11/8!06[1]

# - 3:13 5 131

## - 2:14, 3:9, 9:23 5:30 121

# - 1119, 4:25 5:49 111

# - 18:8



### - 

## 6

6[2]-3:ll. 10:l 

## 7
12/31/06[1] 

# - 19:19 Albuquerque 161

# - 13111 -2:17 7[3]

# - 3:13, 1013, 1:16, 1:19, 2:10, 3:9, 14th 121 

# - 6:8, 7:2 1O:lO 4:22, 9:22 lbth[l]-1O:l 7th [I]

# - 7:12 Albuquerque's 111

## - 17[1]

## - 2119 5:24 19[I] 

# - 9:4 ALBUQUERQUE1st [I] 

# - 7:4 BERNALILLO [2] 

## - l:l,2:2 8131 

# - 3:14, 10:5. AMEND [I] 

# - 1:4 1O:lO amended 121

# - 7:3,

8\26/06[I]

# - 3:9 7:6 87102 111 

## - 2:lO 2 [6]

## - 3:4, 6:3, 6:5, amending [I] 

## - 16:ll amendment 171 

## - 7:19, 8:6, 8:13, 103, 13:7, 14:7, 16:2 Amendment 111 

# - 3:15

amendments [iq

# - 9.1, 9:22, 11:3

20.1 1.2 [4]

# - 1:4, 3:3, 5:3, 6:2

20.11.2.18[1] 

## - 6114 20.11.20 111 

## - 6:7 2004 181

## - 6:8, 7:2, 7:3, 7:5, 7:11, 8:1, 6:2, 6:4, 6:9, 7:1, 7:4, 8:6, 14:20 7:21, 9:13, 9:22,

2006121

# - 1:15, 4:25 9115106 

# - 3:1 9/27\06 111 

## - 317 10:25, 11:4, 1116, 22 

### [z] 

# - 8:21, 9.11 11:8, ll:lO, 14:9, 23131 

## - 8:21, 9:11, 15:14 8th[21- 1:14, 4~25 

## 9

9151-3115, 10:8,

## FEES HEARING, 11/8/06

16:3 

### cost 141

## - 6:12, 8:4, 13:9, 13:19



### costly [I) 

## - 17:14 

### costs 19)

# - 8:9, 8:11, 13:16, 14:3, 14:19, 14:25, 152, 15:5, 17:15



### counsel

### [z] 

# - 19:10, 19:13



### county [I] 

## - 13:18 

### COUNTY 131

## - 111, 2:2, 19:3



### County141 

## - 1:17, 4:23, 11:25, 12:9



### couple [I] 

## - 11:20 

### court [I] 

# - 5:8 

### Court

### [z]

# - 3:4, 8:24 

### Courts [I] 

# - 8:24 

### cover 1101

# - 6:12, 8:4, 13:19, 14:2, 14:19, 14:25, 152, 157, 16:3



### CPC [I] 

# - 13:18 

### CRAW 131

# - 2: 18, 17:3, 17:7



### cross[i]

# - 12:18 

### cross-examination 111

# - 12:18



### Dallas[i]

# - 7:16 

### days [I] 

# - 12:ll 

### decisions [I] 

## - 5:7 

### deemed 111

# - 9:8 

### DEICHMANN p]

# - 2:3, 4:1,4:6, 10:17, 10:23, 1132, 11:13 

### delivery [I] 

## - 7:7 

### DEPARTMENT [I] 

# - 2:7



### Department

### [z] 

## - 2:9, 525



### Department's

### [z] 

# - 6:19,6:20



### determination[I] 

# - 6:20



### determined 111

# - 6:24



### DIRECT 131 

## - 5:19, 13:4, 17:6



### Direct 131

# - 2:14, 2:17,2:19



### Director 111

# - 7:10 

### Division (91

## - 4:23, 524, 7:20, 8:6, 8:19, 9:8, 13:23, 1519, 17:13 

### Division's [I] 

# - 9: 19 

# 7 docketing[I] 

# - 8:25 

### documented[I] 

## - 16:16



### dollar[5]- 11:19, 13:9, 13:15, 1513, 16:16 

### dollars (21

# - 12:4, 15:6



### Dominguez 111

## - 4:19



### DOMINGUU1141

## - 1:16, 2:6,4:4, 4:20, 10:12, 10:15, 11:14, 12:15, 12:23, 14:4, 16:6, 16:24, 17:23, 18:4



### door111

# - 1310 

### down [3] 

# - 14:23, 15:15, 1521



### DR 

### [lo]

# - 215, 25, 11:17, 12:1, 12:6, 12:14, 16:10, 16:15, 16:19, 16:22



### Dr[z]- 11:16, 16:9 

### Draft121 

# - 3:3, 3.13 

### draft141 

## - 95, 9:12, 9:15, 9:18



### dug111

# - 17:18 

### duly[4]

## - 5:17, 1312, 17:4, 19:7



### During111

# - 7:18 

### dust PI 

## - 6:22, 14:12 

### Dust 111

## - 617 

### duties 111

## - 12:3 

## E

economic 131

## - 6:25, 8:16, 9:9



### effective [I] 

# - 7:4 

### either [I] 

## - 4:16 

### embarrassment111 

# - 17:20



### employed 

### [z] 

## - 19:11, 19:14



### employee [I] 

# - 19:13 

### endorsement [I] 

## - 7:11



### enforce121

## - 12:8, 12:13 

### enforceable pi

## - ll:l, 11:25, 12:lO



### Enterprises[I] 

# - 8:8 

### entitled [3]

# - 6:3, 6:15



### ENVIRONMENTAL [I] 

## - 2:7



### Environmental121

## - 2:9, 525 

### EPA [9]

# - 7:8, 7:16, 7:23, 10:4, 10:20, ll:ll, 12:3, 12:12, 1324



### establish [ZI 

## - 6:11, 13:8



### evening 161 

## - 4: 1, 4:2,4:3,4:7, 520



### evening's [I] 

## - 4:10 

### events [I] 

## - 4:lO 

### evidence p]

## - 5:2, 55, 185



### exact[i]

# - 15:13 

### examination [I] 

## - 12:18



### excuse [I] 

## - 8:20 

### EXHIBIT[I] 

## - 3:2 

### Exhibit 1121

# - 8:20, 8:21, 9:1, 9:14, 9:17, 9:20, 9:23, 10:1, 10:3, 10:5, 10:8, 10:14



### Exhibits 121

# - 10:9, 10:13



### exhibits [I] 

# - 7:7 

### experienced [I] 

## - 8:7 

### Expires

### [z] 

## - 19:19, 19:20



### explained [I] 

# - 14:21 

### expressing [I] 

## - 17:7 

### extensive 131

## - 7:22, 14:13, 14:15



### face[i]- 13:14 

### federally 111

## - 11:l 

### fee [21] 

# - 5:2, 65, 6:21, 6:22, 6:23, 7:23, 8:3, 8:10, 8:15, 8:19, 8:22, 8:23, 8:25, 9:6, 9:7, 9: 10, 10:20, 11:19, 13:15, 13:25, 16:15



### Fee [I] 

## - 6.15 

### Fees [6] 

## - 314, 6:3, 6:16, 7:21, 9:3, 9:4



### fees181 -6:11, 8:16, 13:8, 13:20, 14:12, 14:14, 16:12



### FEES [I] 

# - 1:4 

### figure 141

# - 13:9, 13:25, 15:13, 16:16 

### filed [3]

# - 7:3, 8:14, 9:l



### filing [el 

## - 8:10, 8:15, 8:22, 8:23, 8:25, 11:19, 13:15, 153



### Filing 

### [z] 

## - 3:4, 9:4

L I 

## KATHY TOWNSEND COURT I 

## 505-243-501 8 filings [I] 

## - 154 

### financially [I] 

## - 19:14



### First [I] 

# - 7:22 

### first151 

## - 517, 13:2, 16:2, 16:1l, 17:4



### Floor [I] 

# - 3:15 

### floor141 

# - 4:17, 10:7, 13:7, 14:7 

### fluid [I] 

## - 1524 

### follows PI

# - 5:18, 13:3, 17:s



### FOR 121

# - 2:2, 217 

### foregoing 121

# - 195, 19:6 

### frequency 111

## - 4:6 

### Fugitive[I] 

# - 6:7 

### fugitive 131

# - 6:22, 14:12 

### fund [I] 

# - 13:23 

### funding [I] 

# - 13:22



### G-r-ic-e(11

## - 12:25 

### general [I] 

# - 4:9 

### given [I] 

## - 19:9 

### glossed [I] 

## - 14:9 

### Governor 131

## - 7:7, 7:13, 11:lO



### Governor's (11

# - 7:10 

### GRACE [I] 

# - 2:4 

### granted [I] 

# - 7:12 

### Grice 161

# - 12:23. 12:24, 12:25, 14:4, 17:11, 17:12



### GRlCE [a] 

# - 2116, 12:25, 13:1, 135, 14:6, 16:14, 16:18, 16:21



### Griego [I] 

# - 1:18 

### ground [I] 

# - 14:17 

### guess 111

# - 11:18 

### guidelines 111

# - 4:11



### HEALTH (11

## - 2:7 

### Health121

# - 2:9, 525 

### heard 111

## - 4:16 

### hearing 1211

# - 1:15, 45, 4:13,4:22, 4:24, 5:1, 5:4. 6:17, 6:23, 6:24, 85, 8:6, 8:9, 8:19, 9:21, 13:20, 17:9, 18:6, 18:7, 19:s



### Hearing[lo]

# - 1:16, 2:6,4:18, 520, 6:16, 9:3, 9:4, 10:17, 11:17, 18:8



### hearings[3]

# - 6: 13, 8:3, 17:14



### held [I] 

## - 4:24 

### hereby [I] 

# - 19:s 

### hereto[I] 

## - 19:14 

### high(11

# - 17:16 

### h~pef~lly[~] 

## - 11:12 

### hour[i]

## - l:19



### ignore (11

# - 10:6 

### Implementation[I) 

## - 7:15



### impose [I] 

## - 6:24 

### imposing [I) 

## - 8:3 

### IN [I] 

## - 1:3 

### inappropriately[I] 

## - 11322



### incorporate [I] 

# - 6:s 

### incorporated [I] 

# - 10:24



### informed 111

# - 7:23 

### instead[I] 

## - 8:8 

### interested[I] 

## - 19: 14 

### intervening 111

## - 7:18



### involved 121

# - 8:12, 153



### issuance[I] 

## - 6:18 

### issue 121

# - 6:20, 16:7 

### issues [I) 

## - 7:20 

### IT[i]

# - 1:14 

### items [I] 

## - 17:15



### January [3]

# - 6:8, 7:2, 7:3



### JENS (11

# - 2:3 

### JOHNNYE [I] 

## - 2:s 

### Journal 

### [z] 

## - 3:9, 9:23



### KAREN 111

# - 2:4 

### Kathy [I] 

# - 19:4 

### k~p[l] 

## - 4:14 

### kicked[I] 

# - 1525 

### known 121

## - 6:3, 7:15

## FEES HEARING, 11/8/06

language 

### [z] 

# - 9:9, 16:2

last 

### [z]

# - 14:9, 14:ll leave [I] 

## - 14:25 leaving [I] 

# - 14:l Legal 121

## - 3:9, 3:11 legal 121

## - 12:6, 12:8 letter111-7:14 LEWIS(91

## - 25, 11:17, 12:1, 1216, 12:14, 16:10, 16:15, 16:19, 16:22

Lewis[zj- 11:16, 16:9

License [I] 

## - 19:19 light [I] 

# - 8:2 limited 121

# - 4:15, 5:6 line [4] 

# - 8:21, 8:22, 9:4, 14:24

lines [I] 

## - 9:11 lion's [I] 

## - 6:4 Listserve 

### [z] 

# - 3:6, 9:16

locally [3] 

## - 7:4, 12:9. 12:lO

Locally (11 

## - 11:24 lowering [I] 

# - 14:22

ma'am 121

## - 17:2, 17:23

machine [I] 

# - 19:8 Madam 131

## - 520, 10:17. 11:17

magnitude [I] 

# - 8:7 March 

### [q

## - 7:4, 7:11 MARIA

### [z] 

## - 1:16, 2:6 Marquette [I] 

## - 1 :18 MATTER [I] 

## - 1:3 matter 151

## - 1:15, 4:8, 4:15, 4:16, 19:12

MATTHEW [I] 

# - 2:s Mayor[I] 

## - 13:22 MC 131

## - 2118, 1713, 17:7

McCraw 

### [z] 

## - 12:24, 17:l

mean

### [z] 

## - 10: 10, 11:22

meeting 141

# - 4:5, 4:13. 10:2, 17:18

member

### [z] 

# - 5:12, 16:24

Members [I] 

## - 2:15 members [ill 

# - 4:9, 4:14, 5:6, 5:21, 11:15, 12:16, 12:18, 12:20, 14:16

mentioned [I] 

## - 10:19

Mexico[6]

## - 1:19, 2:10, 3:4, 3:11, 8:23, 9:24

MEXICO [I] 

# - 19:l might [I] 

## - 16:19 modest

### [z] 

# - 9:7, 16:4

modification [I] 

## - 6:19

money (21

# - 13:23, 14:18

monthly [I] 

## - 4:12 most 131

## - 10:25, 1116, 11:7

move [I] 

## - 10:9 MR [20] 

## - 213, 214, 2:8,4:1,4:6, 5:14, 520, 10:17, 10:22, 10:23, 10:25, 11:2, 11:3, 11:13, 11124, 12:2, 12:8, 14:7, 16:23, 18:3

MS [ZZ] 

## - 2:4, 216, 4:4, 4:20, 10:12, 10:15, 11:14, 12:15, 12:22, 12:23, 12:25, 135, 14:4, 14:6, 16:6, 16:14, 16:18, 16:21, 16:24, 17:7, 17:23, 18:4

must 111

# - 8:24

name [I] 

## - 5:22 NEAL [3]

# - 2:8, 2:13, 5:16

Neal 121

## - 5:15, 5:22 necessary [I] 

## - 9:8 need (31

## - 7:24, 9:7, 13:22

never 121

## - 10:23, 11:23

NEW111

## - 19.1 New16l-1:19, 2:10, 3:4, 3:11, 8:23, 9:24

new [I] 

# - 6:s newly 111 

## - 6:6 NlETO 111 

## - 12:22 nine 131

## - 8:21, 9:4, None [I] 

# - 3:14 Northwest [I] 

# - 1:18 NOTARY [I] 

## - 19:18 note111

## - 12:19 notice[I] 

## - 9:25 Notice 151

# - 35, 3:10, 3:12, 9:15, 9:21

November

### [z] 

# - 1:15, 4:25

Number[i]

# - 19:19 numbers [I] 

# - 1523

oath [3] 

## - 5:17, 13:2, 17:4 objective [I] 

# - 16: 13 objectives [I] 

## - 16:12

October [I] 

# - 10:l OFH 

## - 1:3, 1110, 19:1, 19:3 officer [I] 

# - 19:4 Officer [6] 

## - 1:16, 2:6, 4:18, 5:20, 10:17, 11:17

officially [I] 

## - 11:23 offset IS] 

# - 8: 11, 13:8, 13:16, 14:2, 14:3 one 

### [a] 

## - 10:7, 10:18, 13:24, 14:24, 15:15, 1522, 16:4, 16:24

One 121

# - 6:10, 12:22 one-and-aquarter [I] 

# - 15:22

open [I] 

# - 14:1 opinion [I] 

## - 17:7 opportunity [I] 

# - 14:5 order 121

# - 4:10, 7:24 otherwise [I] 

# - 7:15 overview [I] 

## - 4:lO

page 141

# - 8:21, 9:4, 9:10, 14:24

paper 111

# - 15:8 paperwork 121

## - 8:12, 15:2

part 121

## - 10:24, 16:ll

Part H

# - 6:3. 6:5, particular [I] 

## - 8:17 parties 

### [z] 

## - 19: 1 1

### , 19:14

past [I] 

## - 11:4 Pat [I] 

## - 17:l PAT [z]

# - 2:18, 17:3 Patty 171

# - 12:23, 12:24, 12:25, 17:10, 17:11, 17:21

PATTY (21

## - 2: 16, 13:l

pay [I] 

## - 8:24 people [I] 

# - 17:18 perform [I] 

# - 12:2 period [I] 

# - 7:22 permit[ls]

## - 6:12, 6:18, 6:19, 6:20, 6:22, 8:2, 8:4, 8:7, 13:11, 13:19, 14:18, 15:16

permit-related[I] 

# - 8:4

person 121

## - 6: 17, 12:22

personally [I] 

# - 19:7 petitioner [I] 

# - 6:25 petitioners[I] 

# - 8:17 place [I] 

## - 17: 15 Plan [I] 

# - 7:15 planner [I] 

# - 5:23 Plaza 121 

## - 1:19, 2:9 PM[2]- 1:19, 18:8 pockets [I] 

# - 17:19 point[el 

## - 4:17, 512, 10:12, 10:15, 12:17, 16:17, 18:2, 18:s

position [I] 

## - 14:22 posted [2] 

### - 9: 18, 9:24

Posting [I] 

## - 3:7 PRD [z] 

## - 3:5, 3:7 precisely 111 

## - 16:16 preliminary [I] 

# - 4:8 prepared [I] 

# - 7:6 present 

### [z] 

## - 5:13, 6:1

presentation [I] 

## - 18:2

presently [I] 

# - 6:16 previous IS]

# - 6:4, 711, 1113, 14116, 14:22

price [I] 

## - 15:ll problem [I] 

# - 13:21 procedure [I] 

# - 4: 1 1 procedures [I] 

# - C.47

I I I 

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# JNSEND COURT REPORTERS 505-243-501

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## BOARD MEETING, 11/8/06

I I 1 1 BEFORE THE ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD 2

8 9 10 11 TRANSCRIPT OF PROCEEDINGS 12 13 14 15 BE IT REMEMBERED that on the 8th day of 16 November, 2006, this matter came on before the 17 ~lbuquerque-~ernalillo County ~ir Quality control Board, 18 in Conference Room B, 10th Floor, 1civic plaza, 400 19 MarqUette, ~orthwest, Albuquerque, New Mexico, at the 20 hour of 5:SO PM.

25 2

1 APPEARANCES 2 FOR MEALBUQUERQUE-BERNALILLOCOUNTY AIR QUALITY CONTROL BOARD:

MR. JENS DEICHMANN, Chair
4 MR. AUGUSTINE GRACE MS. KAREN WENTWORTH 5 MR. MAlTHEW WPEN DR. JOHNNYE LEWIS 6

7 MS. MARIA DOMINGUEZ, Board Attorney 3
MR. DEICHMANN: Thank you, Madam Hearing officer, and I will now call this meeting to order. his is the meeting of the Albuquerque Bernalillo County Air ~uality ~ontr01 Board.
I

note for the record that Dr. Lewis, wichmann, Mr. Grace, Ms. wentworth and Dr. Campen are present.

we have a quorum. Going to agenda item liumber one, are there any



### -- are there any additions, changes, to the agenda by the Board?
Dr. ~ewis.
DR. LEWIS: I'd just like to make one correction. ~f we could change the ~oard committee reports, I don't think there is a South valley Air Quality Team, but there is an ~nvironmental Justice Subcommittee.
MR. DEICHMANN: Could YOU Say it a little louder?
DR. LEWIS: That should actually be listed as the report from the ~nvironmental Justice subcommittee of the Board. I think that that was the intent.
MR. DEICHMANN: okay. Are there any other changes, questions? 1s there 

## -- so with the proposed amendment to

4 change the name to Environmental justice subcommittee of the Board, in item number six, is there a motion to approve the agenda?
MR. GRACE: Make a motion to approve the agenda.
MR. DEICHMANN: IS there a second? DR. CAMPEN: Second.
MR. DEICHMANN: There is a motion by ember Grace, a second by Dr. Campen. ~ll in favor say aye. DR. LEWIS: Aye.
MR. GRACE: Aye.
MS. WENTWORTH: Aye. DR. CAMPEN: Aye.
MR. DEICHMANN: Aye. Opposed? Motion passes unanimous1y. Has everyone had the opportunity to review the October 11th minutes 

## -- draft minutes? well, I have, too, and I have a correction ~'d like to make. 22 ~tthe bottom of the second page, under 23 "Action Item umber our," it's stated that the motion 24 to postpone decision to adopt Resolution 2006 failed 2 5 25 three to one, so the matter will be addressed at the 

## KATHY TOWNSEND COURT REPORTERS

## BOARD MEE

5 1 next meeting.
2 ~n fact, the motion to postpone did not fail,
3 it passed three to one, and so that was the end of 4 business that 

### -- any consideration of that 

## -- of the part 81 on that day. Does anyone else 

### -- isthere anything else? okay. we checked with the minutes, and I believe that the minutes confirmed that 

### -- not the minutes, but the record. so if you' re willing to accept that, that is a correction.

IS there a motion to approve the minutes as amended? MR. GRACE: I make a motion to approve the 14 minutes as amended by chairman oeichmann. 15 MR. DEICHMANN: There is a motion by Member Grace. 1s there a second? MS. WENTWORTH: 1'11 second.
MR. DEICHMANN: There is a second by Member wentworth.~ll infavor say aye.
MR. GRACE: Aye.
MS. WE~RTH : Aye.
MR. DEICHMANN: Aye. O~~osed? 7 I

see. we've got a question mark on there. Let's see if we can take care of that.
MR. BUTT: Chairman oeichmann, the question mark i s i n case the Board wants to add changes.

MR. DEICHMANN: okay. Well, we're looking specifically for the reference to the $125.
MR. GRACE: It just references Exhibit A and Exhibit 0.
MR. DEICHMANN: It's always hard when you're

on the spot and you're trying to read something. okay. can you hear that okay now? Better. okay. so the reference to the $125 is actually in the exhibit, Ms. wentworth. Did you find that?
MS. WENTWORTH: (Nods head.)
MR. GRACE: Item number one on page one. MS. WENTWORTH: Show me. Show me. I don't

see it.
MR. GRACE: This is Exhibit 1.
MS. WENTWORTH: Let me look at Exhibit 1 and 9.
MR. GRACE: Exhibit 1 is

## -- MR. DEICHMANN: The first tab there.
MR. GRACE: Page nine of Exhibit 1. MS. WENTWORTH: Uh-huh.

DR. LEWIS: Abstention. DR. LEWIS: Line 23. MR. DEICHMANN: lWO abstentions, okay. 

# 1 MS. WENTWORTH: Yeah, but this doesn't have 

### --
so it passes three to zero, with two abstentions. I guess that works okay. MS. OOMINGUEZ: okay.
MR. DEICHMANN: Okay. ~ction item number three is the decision regarding the adoption of proposal to amend 20.11.2 NMAC, "Fees," and incorporate an amended "Fees" into the New Mexico State Implementation plan for air quality. we've just heard the hearing on that proposed change or those proposed changes. 1s there any discussion regarding that or a motion?
MS. WENTWORTH: I have one question.
DO we have to state somehow that we're going to adopt the $125 as a fee?
MR. DEICHMANN: Well, that will be incorporated in the resolution, which will be read as the motion, which incorporates the proposed changes, including the fee.

YOU have that in front of you there.
DR. CAMPEN: SO it's just a matter of filling inwhat the fee will be? oh, okay. MR. DEICHMANN: DO YOU see it?
MS. WENTWORTH: Uh-huh.
MR. DEICHMANN: And then the floor amendment is in the later tab. id you see that, also?
MS. WENTWORTH: Uh-huh.
MR. DEICHMANN: All right.
MR. GRACE: It looks complete to me.
MR. DEICHMANN: okay. ember Grace, I'm understanding you wanted to make a motion.
MR. GRACE: 1'11 read this motion.
I

move to adopt Resolution 2006-2, adopting amendments to 20.11.2 NWC, "Fees," incorporating amended and complete Part 2 into the New Mexico State Implementation Plan for Air quality (SIP). whereas, on November 8th, 2006. the Albuquerque-Bernalillo County Air Quality Control Board held a public hearing inthe Vincent E. Griego Chambers in the basement level of the Albuquerque-Bernalillo County Government Center, One Civic Plaza, Northwest, in MR. DEICHMANN: Right. 25 Albuquerque, New Mexico, consistent with the notice 

## KATHY TOWNSEND COURT REPORTERS

## BOARD MEETING, 11/8/06

I I I 9 requirements of the New Mexico ~i r Quality Act; and, whereas, the Air Act authorizes the ~ir Board to approve permit fees that are sufficient to cover the reasonable cost of reviewing and acting upon permit applications, implementing and enforcing the terms and conditions of permits, and meeting other requirements of the united states clean Air ~ct, the New Mexico Air Quality control ~ct, the city of Albuquerque and ~ernalillo County joint ~ir Quality control Board ordinances, and the ~lbuquerque-~ernalillo county ~ir Quality control Board ~egulations; and, whereas, state and local laws authorize the ~lbuquerque-Bernalillo county air quality programs to recover costs of providing copies of public records, to establish fees for petitioning for a variance and for administrative hearings before the Air ~oard, and for other costs of administering and enforcing local air quality programs; and, whereas, at the ~ovember 8th, 2006, public hearing, substantial evidence was presented to establish a present need, or a reasonably anticipated future need exists to warrant taking the following actions to help prevent or abate air pollution.
NOW, therefore, it is resolved by the Board that: one, regarding 20.11.2 NMAC, "Fees," the Board hereby adopts the amendments to Part 2 as proposed in

10 AQD Exhibit 1, as amended by AQD Exhibit 9, both of which were admitted at the ~ovember 8th, 2006, hearing with the following 

### -- actually, I should stop there. It says as were admitted in the November 8th, 2006, hearing. The ~oard hereby adopts amended Part 2 as a revision to the SIP and directs staff to take all steps necessary to submit the amended and complete Part 2 to the €PA as a SIP revision. ~f any section, paragraph, sentence, clause or word of the amendments to Part 2, or any SIP revision adopted by this resolution is for any reason held to be unconstitutional, or otherwise invalid by any court, the decision shall not affect the validity of remaining provisions of the regulations and SIP revisions adopted by this resolution. The effective date of the amendments to Part 2 adopted November 8th, 2006, shall be no sooner than 30 days after filing with the state ~ecords center. staff is directed to submit the amendments to Part 2 to the State Records center inthe format currently required by the State Records center, without changing the substance of the amendments to Part 2 adopted November Sth, 2006. 11 Grace.

IS there a second?
DR. LEWIS: I second.
MR. DEICHMANN: There is a second by
Dr. Lewis. 1s there any further discussion? ~ll in favor say aye.
DR. LEWIS: Aye.
MR. GRACE: Aye.
MS. WENTWORTH: Aye.
DR. CAMPEN: Aye.
MR. DEICHMANN: Aye. opposed? Motion passes unanimously. he next item for action is the decision regarding adoption of 20.11.81 NMAC, "~djudicatory Procedures for the Air Quality Control Board." where we left this last month was to 

## -- for the 

### -- we left it for the staff to consolidate all the changes that were discussed, and to have them in a coherent fashion so that the Board can consider them in

a whole, and that has now been provided to the Board. 1s there a motion to approve that resolution? 1'11 move to adopt the Resolution number 2006-1, adopting 20.11.81 NMAC, "Adjudicatory Procedures

12 of ~ir Quality Control Board."

whereas, the New Mexico Air Quality Control Board, at NMSA 1978. Section 74-2-S.B(l), requires the ~lbuquerque-BernalilloCounty Air Quality Control Board to adopt, promulgate, publish, amend and repeal regulations consistent with the Air Act to attain and maintain national ambient air quality standards and prevent or abate air pollution. whereas, a significant part of the Air ~oard's plan for preventing or abating air pollution within Bernalillo county involves issuing air quality permits to stationary sources within the county and enforcing the terms of the permits. whereas, after the City of Albuquerque Envi ronmental Health Department has reviewed a permit application and has either granted a permit, granted a permit subject to conditions, or denied a permit, the
Air Act at NMSA 1978, Section 74-2-7.H, provides that a person who participated in a permitting action before the Department and who is adversely affected by the permitting action may file a timely petition for an adjudicatory hearing before the Air Board. whereas, the Air AC~ at NMSA 1978, subsection 74-2-7.H through K, establishes basic procedural
MR. DEICHMANN: There is a motion by ember 

# 1 25 requirements for filing a petition requesting an 

## KATHY 

## TOWNSEND COURT REPORTERS

## BOARD MEETING, 11/8/06

I 13 adjudicatory hearing before the Air Board; the deadline for holding a hearing; notification; submission of data, views or arguments; examination of witnesses; designation of a hearing officer; the burden of proof; and the authority of the Air Board, but a regulation that provides more detailed procedures is needed. whereas, the Air Board wishes to adopt an adjudicatory procedural regulation that is consistent with the NMSA 1978, Section 74-2-7, and will apply to Ai r Board ad judicatory hearings on the merits regarding challenges to Department decisions regarding permit applications and other matters, if the applicable Air Board regulation establishes the Board's adjudicatory procedural regulation applies. whereas, on October llth, 2006, the Air Board held a public hearing in the city council/County Commission chambers inthe basement level of the ~lbuquerque-~ernal i 110 county Government Center, One Civic plaza, Northwest, inAlbuquerque, New Mexico, consistent with the notice requirements of the New Mexico ~i r Quality Control Act. whereas, the Air Board has reviewed 20.11.81 NMAC, which isthe adjudicatory procedural regulation that is proposed by the Department, considered all testimony and exhibits admitted at the October llth,

14 2006, hearing, and determined that 20.11.81 NMAC is consistent with the requirements of the ~ir Act and includes necessary additional details regarding the Air Board's adjudicatory hearing procedure, and its adoption will protect the rights of the parties and the public. ~nd, whereas, at the October llth, 2006, public hearing, substantial evidence was presented to establish a present need to adopt an ~ir Board adjudicatory procedures regulation. NOW, therefore, it is resolved by the Board that: one, the Air Board hereby adopts 20.11.81 NMAC as proposed by the Department inAQD Exhibit 1, which was admitted at the october llth, 2006, hearing, and as amended by the floor amendments included in revised AQD ~xhibit 11, with the following additional changes to the public review draft, dated 8/26/06. A, page four, line 33, add the following subparagraph, "(b) In making its decision regarding whether a Board member or a hearing officer should be disqualified or recuse himself or herself, the Board and hearing officer may rely on applicable legal authority." B, page six, line 29, add the following sentence to the existing subparagraph: "If the requested documents are available in an electronic format, the Department will provide a copy by electronic 

## KATHY TOWNSEND 15 transmission without charge, or the documents will be copied onto a CD, Dm, or other electronic media, if provided by the requester, without charge." C, page two, line 33, add the following language to the existing subsection, quote, "and any other person granted intervenor status by the hearing officer or Board following a motion," close quotes.
TWO, if any section, subparagraph 

## -- I'm sorry, if any section, paragraph, sentence, clause or word of 20.11.81 NMAC, as adopted by the Air Board, is for any reason held to be unconstitutional, or otherwise invalid by any court, then the decision shall not affect the validity of the remaining provisions of the regulation. Three, the effective date of 20.11.81 NMAC shall be December llth, 2006. Four, staff is directed to submit 20.11.81
NMAC to the state Records center in the format currently required by the state Records Center, without changing the substance of 20.11.81 NMAC as adopted by the ~ir Board on November 8th, 2006. 1s there a second?
MR. GRACE: I'll provide a second, but I think there is a couple of page and line reference mistakes.
MR. DEICHMANN: okay. Let's look at that.

16 There is a second by Member Grace. we'll take

a look at that.
MR. GRACE: Amendment page two of the resolution, A, says page four, line 33, I think it should be page four. line 43.
MR. DEICHMANN: okay. So that should be line 43 

## -- four three. Everybody see where that is?
MR. GRACE: And page six should say line 44 rather than 29.
MR. DEICWN: ~tshould be line 44, page six. I'm sorry. MS. Nieto?
MS. NIETO: could I just explain, the references are to the public review draft, not the corrected copy, so we need to refer to the original public review draft.
MR. DEICHMANN: okay.
MR. GRACE: Then I 

## -- MR. DEICHMANN: Thank YOU for your diligence.
MR. GRACE: I remove my comments.
MR. DEICHMANN: okay.
MR. GRACE: I assume they are correct.
MR. DEICHMANN: Are there any other questions? 

# 1 25 comments? Discussion? 

## COURT REPORTERS

## BOARD MEETING, 11/8/06
I

DR. LEWIS: 1 have some.
MR. DEICHMANN: I'm Sorry?
DR. LEWIS: I have some.
MR. DEICHMANN: okay.
Dr. Lewis.
DR. LEWIS: I apologize that I was sick at the last meeting, otherwise I would have brought these up then. 1'11 try and keep them on target here.
I

have one question on page 

### -- on the ~xhibit 11 version, page six, lines one through six.

AS Iread these two sentences, they look contradictory to each other, and they refer to the extension of time, and it appears 

## -- in my reading, anyway, and I had someone else read it and they had the

same interpretation 

## -- it appears that although the first sentence refers to being appropriate to request an extension, the second sentence talks about no extension being granted. And could someone explain that to me? They

seem to be completely contradictory to each other. It's in paragraph two, that would be section F, paragraph two, extension of time.
MR. DEICHMANN: Did YOU say that was in Exhibit ll?
DR. LEWIS: That's in 

## -- yeah, this review

18 version of Exhibit 11, the one that has the red, green and blue amendments in it.
MR. DEICHMANN: DO you have that? That's not in my Exhibit 11.
DR. LEWIS: It says Exhibit 11 on the top on page one. MR. DEICHMANN: Oh, that's 

## -- well, that's the proposed staff floor amendment. well, I remember having seen that version somewhere in here, but it's so hard to keep track of where they are. DR. LEWIS: I can read the two. "upon timely motion of a party to the proceeding, for good cause shown, and after consideration of prejudice to other parties, the hearing officer or the Board, as appropriate for the stage of the proceeding at the time, may grant an extension of time for filing any document." And then the next sentence says, "NO extension shall be granted regarding a deadline established by the act or applicable regulation, except the petitioner may waive the deadline for holding the hearing by the deadline established by the act or applicable regulation. " 19 the second one totally contradicts the first.
MR. DEI~HMANN: well, I can tell MS. Kearny is going to clarify that.
MS. KEARNY: well, I'm going to try. Adelia Kearny, Assistant City Attorney. In all honesty, I couldn't find what you were referring to, but I think I was looking at AQD Exhibit 11.1, and you might have been referring to something else, but I do recall the general concept.

we have 

## -- the Board and the Division, and so on, has no right to change the deadlines set in the Air Quality control ~ct. It is the right of the petitioner 

## -- due process right 

## -- to have the hearing begin within the deadlines that are established in the act. There was a great deal of testimony about this, as the Board members may recall, last time. So, unfortunately, we are stuck with those deadlines even though they are very tight for all involved. In the recent cases that have been brought before the Board, the Mountain view Neighborhood Ass~~iati~n and other petitioners, through their lawyers, their law firm, have waived those deadlines. ~t's their right to have them start within that period of time, but in the wording of the regulation, the Board

20 can't change the deadlines set by the act. It's a 

## -- sort of like a flow of power.
so if you could walk me to the section, 1'11

see ifI'm talking about the right thing. okay. where are we?
DR. LEWIS: I think I know what this copy is called, it's the blue double-lined staff proposed floor amendments, AQD Exhibit 11, revised 10/11/06, blue double line, and then it's got the red single line and the green single line on each of the pages. MS. KEARNY: Maybe I don't have that, because

I have an AQD Exhibit 11, and then I have a revised with

no date 11.1, but if Mr. Butt 

### -- MR. DEICHMANN:would YOU like this copy?
DR. LEWIS: This was in the packet on Friday.
MS. KEARNY: I don't receive the same packet you do. okay. DR. LEWIS: I don't disagree with what you're saying, but why is the first sentence saying that

someone can ask for 

## -- MS. KEARNY: Mr. Butt believes that the red

one 

## -- I don't know. He handed me something at the bottom that says PRD, Public Review Draft, ~djudicatory Procedure. 20.11.81 NMAC. Integrated with lo or
2 5 unless ~'m missing something, it sounds like 125 Amendments. I guess that is per Member wentwrth's 

## KATHY TOWNSEND COURT REPORTERS

## BOARD MEETING. 11/8/06

21 request.
Ireally was looking at a different Exhibit 11. DR. LEWIS: okay. Page six, paragraph two at the top.
1 mean, 1 can understand that we can't change it, but then why is there a paragraph that says people can ask, and after consideration, the hearing officer or the Board may grant an extension, and that's where I run into trouble. The first sentence says we may grant one, and the second one says we can't change it. MS. KEARNY: okay. I believe that means 

### -- of
course, I would 

## -- I believe this is from the wording of the EIB adjudicatory regulation, and we're trying to be consistent with it.
~t means for good cause, the hearing officer, the Board, depending on who is in charge at that time, may grant an extension regarding a deadline, and that could be, for instance, everybody agreed that you're going to file a notice of intent to present technical testimony on a certain date, and for good reason, you know, city hall burned down or something, and everybody agrees to extend the time, that's fine, but if the petitioners don't agree to extend the deadline for the

22 30 days to start, then the Board can't 

### -- that was a bad example, because, actual1 y, natural disasters could extend a deadline. ~ut say everyone agreed to extend a deadline except the petitioner, the hearing officer and the Board couldn't grant an extension if the petitioner wanted to stick to the deadlines in the act.

so it sounds like it giveth and it taketh away, but I think it says. normally, there can be extensions granted, but you have to stick to the deadlines in the act. That's the way I interpreted it when Iread the original.
DR. LEWIS: I find that really unclear, the way it's written.

IS there something that we can put in there to



## -- that clarifies it?
DR. CAMPEN: Would it be possible to incorporate, you know, a more specific reference to the Air ~~ality nct as opposed to just saying the act?
MS. KEARNY: I believe act is 

## -- if it is not defined 

## -- yes, it is. If you look on page one 

## -- DR. CAMPEN: ~h-huh.
MS. KEARNY: 

## -- the bottom of page 56, "Act

means the Air Quality Control Act." For those of you who are relatively new to the 

## KATHY 

## TOWNSEND 23 Board, just to let you know that staff is not completely incompetent intheir grammar, we are required by the State Records Center to follow their capitalization rules, and it comes from the Legislative council Service Rules, and you get these like Bernalillo with a capital and county with a small letter, and that sort of thing, and you're not supposed to capitalize act. SO it happens to be capitalized on line 56, on page one, because it's the first word of that sentence, but the act means the state Air Quality Control ~ct.
DR. LEWIS: SO are you saying, then, that the Board may grant an extension of time for filing any document if requested by the petitioner?

I

mean, I'm looking for some language to really differentiate between the first and second sentences, because it's still not clear.
MS. KEARNY: I t ' s i n the context. I'm sorry. DR. LEWIS: Yeah, if there is a couple of words that we could add to clarify. MS. KEARNY: I'm certainly willing. I'm just trying to explain what I understood it to mean. You have your lawyer there, maybe she can help you craft something that clarifies it. But in the context of this regulation and the time lines, the topic here is computation of time and

24 1 extension of time, a party can make a motion saying that 2 they have good cause, and the hearing officer, the 3 Board, depending on what stage it's at, after
4 considering whether it will prejudice the other parties
5 or not, can grant an extension, but you can't waive the 6 deadline for starting the hearing unless the petitioner waives it, and that's what we have had occur in every hearing that I can recall, because the time lines are just too tight.
MR. DEICHMANN: could I just interject? In my reading 

## -- we're looking at that same first paragraph number two, midway through, "NO extension shall be granted" 

### -- "granted" being the key word, I think 

### -- "regarding a deadline established by the act, except that the petitioner may waive that" 

## -- being the other key word.

so it's a distinction between granting by the Board, or the hearing officer, which cannot be done, and the waiving that can be done by the petitioner.
MS. KEARNY: Right.

SO even if the hearing officer was willing to grant an extension, or the Board was willing to grant an extension, except for an extraordinary cause, like, you know, a tornado or something, that couldn't 

### -- that 25 would not allow people to have a hearing. ~f the 

## COURT REPORTERS

## BOARD MEETING, 11/8/06

petitioner wants to have the hearing begin within the time lines, then the hearing has to start within the time lines.
MR. GRACE: ~nd I

think that first sentence also only refers to an extension of time for filing a document. ~tdoesn't reference any other extensions of time 

## -- MS. KEARNY: Right.
MR. GRACE: 

### -- only for filing a document. DR. LEWIS: But there are deadlines for filing that are incorporated within the act as well, aren't there? That's where I'm having trouble.
MS. KEARNY: he petition. The petition. The petition has to be filed within 

### -- I think it's 30 days after the issuance of a permit or the 

## -- or their receipt of the permit, and then the hearing, under the act, has to start within 60 days. And I don't know if you had an opportunity to read the transcript of this hearing last month, but we want to 

## -- we went on to explain that the ~ivision could put itself under more pressure, and did, by, in the past, for some unfathomable reason, saying, "Heck, days, we can do it in 30 days." And so then that became the due process right

2 6 of the petitioner, to have the hearing begin within 30 days. That's in the regs. It's in Part 41.

so if the petitioner could follow all of the procedures in this adjudicatory reg, by some miracle, and wanted to have it start within 30 days, then somehow
it would have to start within 30 days; and that's why you see the two different time lines, one for a hearing that starts within 30 days. as part 41 presently requires, and if part 41 is amended to take advantage of the full 60 days available under the act for starting the hearing, then we can use those time lines without having to come back before the ~oard and go through this drill all over again.
DR. LEWIS: okay.
MR. DEICHMANN: Are we okay?
DR. LEWIS: I'm still confused. I'm confused with the wording.
I

understand the concepts, but the wording, to
me, says the opposite of what the concept is. ~f I'm the only one that's confused, I may just have a neuron missing. That's fine, if everyone else thinks it's clear.
DR. CAMPEN: MS. wentworth brought this up, and I agree with her, that it's not the clearest it, that was the same interpretation that I came up with.
DR. LEWIS: okay. Well, if it's just me, I'm willing to remove my objection.
MR. DEICHMANN: It may not be the King's English, but having read a lot of documents, it looks familiar to me, so 

### -- DR. LEWIS: I think probably the place where I get confused is it talks about granting it for any document, and then the next sentence seems to kind of

reverse that, and it actually isn't any document, unless it's at the petitioner's discretion, and I think that's where I'm confused, but I'm willing to accept that it's just 

## -- MS. KEARNY: ~tis a little painful. but we

can get there.
DR. LEWIS: If everybody else is happy, I'm happy. Thank you.
MR. DEICHMANN: okay. Any other questions?
DR. LEWIS: Yeah, I have more.
MR. DEICHMANN: what's that?
DR. LEWIS: I have more.
MR. DEICHMANN: okay.

2 0
DR. LEWIS: This comes partially from an experience that I had as we started into the vulcan hearings on whether or not the Board was going to be present, and I guess what I would like to see and hear, to avoid confusion inthe future, some language that clarifies that the Board will always have the right to request a written transcript of a hearing, whether or not they were present, prior to deliberation or making a decision, because there was confusion on that part in the vulcan hearing, and it actually led to some decisions being made that was a criticism of the Board,

so I would just like that clarified in the adjudicatory procedures.

MR. DEICHMANN: COU~~ YOU point US to where the 

### -- DR. LEWIS: I have a couple of places that it might go, but I think probably the clearest place would be under the 

## -- under the posthearing procedures, on Part D, this is on page 11 of this same version of the document that we were just referring to, the PRD, adjudicatory procedures, integrated with floor amendments. I'm thinking it could even be under paragraph
B of Section D.l, if we could add language that said, phrasing inthe world, but when I really thought about 125 "However, even if the Board attends the hearing, they 

## KATHY 

## TOWNSEND COURT REPORTERS

## BOARD 

## MEE

29 may request review of written transcript prior to deliberation or decision."
MS. KEARNY: Member Lewis, Chairman, assuming that we're referring to the same document, the integrated with floor amendments, page 11, line 43, "~f requested, the hearing clerk shall provide a copy of the transcript to other Board members and Board counsel," I'm not 

### -- is your objection that it's not automatic?
DR. LEWIS: Yeah.
MS. KEARNY: Because my recollection is one of the reasons that it was stated this way is that occasionally there will be Board members who will not be present to decide or who will have a conflict or will recuse themselves, and so they didn't want to 

## -- I mean, you know, we've got four inches, three volumes, and so on, so, you know, if you just 

## -- if you request it, they'll send it, I think, was the way that ended up being

# . DR. LEWIS: And I think the concerns that were raised 

## -- that I've heard raised previously by previous Board members were that if Board members were at a hearing, and especially if the hearing concluded and went into deliberation, that the basis for decision was
on their verbal memory.
I

saw a few places in here where you could
3 0 request something, but it didn't sound like it was an automatic process that you would always have that right to request a written transcript before you made a decision. MS. KEARNY: Okay. So I may be missing your point here, but in that same section, it says, "After the hearing clerk" 

## -- line 40 

## -- "receives the transcript, the hearing clerk shall promptly provide a copy of the transcript and exhibits to the hearing officer and the Board members who did not attend. If requested" 

## -- the next sentence 

## -- "shall provide a copy to other ~oard members."

so everybody who wants one gets one, I believe.
DR. LEWIS: I think the point that for me has still left room for some concern was that paragraph starts with "~f the Board does not reach a decision at the hearing."

so is there language here that would allow the Board 

### -- for example, if we had the hearing tonight and
it started 

### -- the decision was called and the deliberation was called, is there anywhere in this documentation that we can, instead of going into deliberation, say, "No, we don't want to do that, we 

## TING, 11/8/06

31 1 before we even deliberate or start in that decision 2 process"?
3 MS. KEARNY: In that case, it would be line 

# 1 4 39. "1f the Board does not reach a decision at the

5 hearing, or at the meeting, promptly after the 

# I 5 hearing" 

## -- 

# I DR. LEWIS: That implies to me that we would

8 start the deliberation and we just couldn't finish the 9 deliberation, but we would actually go into deliberation 10 without a written transcript, and that was the point that the previous Board had been concerned about.
MS. KEARNY: okay. I guess if you 

## -- I mean, obviously, if you want to propose wording, you can propose wording.
I

understood this to mean if you have a hearing 

## -- and it is possible to not close a hearing and open a meeting and then make a decision all in the same night. YOU could have a hearing. and if you choose to make the decision a part of the end of the hearing 

## -- okay 

## -- so you don't reach a decision at the end of the hearing, or you close the hearing and you meet 22 immediately afterwards, you make a decision. 23 ~f neither of those things occur, then the 24 transcripts will be forthcoming. AS soon as the hearing clerk receives a transcript, the hearing clerk shall

32 promptly provide a copy of the transcript and the exhibits to the hearing officer and the Board members who didn't attend, and the hearing clerk shall provide a copy to other Board members and Board counsel.
NOW, maybe you would l i k e t o put provide a copy of the transcript, maybe, is what should be put in there, and exhibits. So if you ask for them, you get them. That's how I understood this wording. DR. LEWIS: okay. And you see nothing 

### -- there is no language in here then that would prohibit anyone from refusing to start a deliberation until those transcripts were received?
MS. KEARNY: I'm sorry, would you repeat that?
MR. DEICHMANN: That would be 

## -- if I may, that would be a discussion of the Board and a decision of the Board to not make that decision at that time. DR. LEWIS: That's fine. I just 

## -- MR. DEICHMNN: I mean 

### -- DR. LEWIS: I'm just coming from a historical



### -- ~'m coming from a historical issue that was raised where there were lots of 

## -- MS. KEARNY: Dr. ~ewis, were there circumstances in which you asked for transcripts and you didn't receive them? want a written transcript before we consider any 

## -- 25 DR. LEWIS: This refers to at the very 

## KATHY TOWNSEND COURT REPORTERS

## BOARD MEETING, 11/8/06
I I I 3 3 beginning of the vulcan process and whether we were going to actually participate in the hearing or sit in the hearing or have a hearing officer, and there were several members of the Board at that time, who aren't here anymore, who specifically had said that, if they sat as part of the hearing, they didn't get a transcript.
MS. KEARNY: They were told that?
DR. LEWIS: Right. And, therefore 

## -- and that

was what I was told, which made 

## -- and which made, you know, no sense to me, but I thought, "well, if that's the way" 

## -- MS. KEARNY: Well, I wasn't a party to that discussion, obviously.
DR. LEWIS: And I know more now than I did then, but that's what I'm 

## -- MS. KEARNY: But, therefore, the adoption of Part 81 takes care of that problem, as I understood this wording.
DR. LEWIS: okay. So you think 

### -- you would agree?
MS. WMINGUEZ: (Nods.)
OR. LEWIS: Okay. Fine. As long as we can make sure that's happening, because I just don't want to be there again.

3 4 MY only other question was whether or not there had been a discussion on how long prior to the deliberation posthearing 

### -- what the time lines were for the Board to receive a full copy of the transcript; if there was an opportunity to put something in there 

## -- if there is an opportunity to put a time line in there allowing for the Board to have X number of days to actually review an extensive transcript, especially prior to a decision.
MS. KEARNY: Mr. chairman, members of the Board, the problem with that 

### -- as you may recall, those of you who were there last week, or read the transcript. and as demonstrated by the time lines 

### -- the graphic time lines that were provided in the exhibit, the time lines are extraordinarily short for everyone, which is why the petitioners have uniformly waived the deadlines, and then the hearing officer gets together with the parties, and they all get their calendars open, and they say yes or no, I can, I'm going to be out of the country, I'm in trial, or whatever, and they set up these time lines.
It would be great to provide two weeks to the
Air Board to read the transcripts, and I guess that would come after the hearing began, so you still would 35
YOU know, I don't know if you have a proposed location for putting that or proposed enough time.
DR. LEWIS: I guess, at this point. I'm just



### -- because I wasn't here last week, I'm just kind of asking if that had come up, a discussion, or if that was
an issue.
MR. DEICHMANN: I don't recall that being a point of discussion. And I don't 

### -- I don't really 

### -- I wouldn't know how to respond. I'm sure would it be great to have a lot of time, but 1don't know, when you start trying to pin down times, schedules, we start having problems, I think.
MS. KEARNY: I'm not, obviously, in that department or on that floor, but I am aware of circumstances inwhich the court reporter has been asked to really hurry transcripts, because there were tight time lines and everyone wanted to look at the transcripts. 1think that involves an extra fee, as it should, since they work at night and on a weekend, but it's a certain case-by-case situation, because the Board is not the only entity that wants the transcripts, all of the parties and lawyers want the transcripts, too, so they can make the closing arguments and refer to pages and lines, so it's in everyone's interests to get the

36 transcripts as fast as possible.
DR. LEWIS: I guess I would just like to have something that assures that everyone is given a fair opportunity 

## -- that an appellant would have a fair opportunity to have their case judged without prejudice and not as a last-minute kind of quick review of everything.
I

was just trying to see if we could establish

some minimum time that would be required for the Board to have the ability to go through and give some consideration to transcripts.

MR. DEICHMANN: what would be your suggestion?
MS. KEARNY: And where in the text?
DR. LEWIS: I actually didn't have a specific location for that.
I

guess I would like to see the Board have at least a week to go over transcripts prior to making a decision, unless 

### -- especially if there are over a hundred pages of material or something like that.
DR. CAMPEN: Right. Can I weigh in and just say, what if we need longer than that?
DR. LEWIS: I'm talking about a minimum time, yeah.
DR. CAMPEN: Exactly. I'm reluctant to put meet the time line deadlines. 25 anything in stone, because ifwe end up with a 

## KATHY TOWNSEND COURT REPORTERS

## BOARD MEETING, 1 1/8/06
I I I 3 7 thousand-page document and two weeks, and it comes over, you know, a holiday, or something like that, then it's going to be d i f f i c u l t t o schedule into any finite period. SO I 

### -- my suggestion is to leave it open ended.
DR. LEWIS: And would that be, again, a situation where it would be reasonable for Board members to say that they'd had insufficient time to review a document and postpone a decision?
MS. KEARNY: he ~oard could reset the 

## -- either the meeting at which they made the decision, or, you know, something on that order, and I would say, again 

## -- and I understand your concern about the appellants, but anything that would prejudice the appellants in that regard would prejudice the Division and the ~ivision's lawyer, because we would need to get our hands on that just as much as the petitioners would.
MR. DEICHWN: Okay.
DR. LEWIS: Okay.
MR. DEICHMANN: IS that all?
DR. LEWIS: I have just one other topic.
MR. DEICHMANN: wait a minute. You said that

was it.
DR. LEWIS: I know. I can't count very well.

3 8 chat's a problem.
MS. KEARNY: Should I go away, or should I stay?
DR. LEWIS: YOU can stay. his 

## -- I'm not sure this is necessarily something that goes inhere, but I guess it's something that I would just like us to consider, and it may be as

a future amendment, or whatever, but ~'d like to introduce it now. ~iven the sort of 

## -- the length of time, commitment, energy, stress, everything else that goes on with all of the hearings, one thing that I noticed in going through here is there is not really a process that's set out for any kind of mandatory mediation between appellants and the ~ivision or any of the parties involved. The settlement kind of gets at that, but it's not quite the same type of process, and I was wondering if there was any facility within the city at this point, if there is any arbitration board, mediation board, anything that could be recomnended by the Board as a first stage prior to an appeal. MS. KEARNY: I haven't certainly consulted with my clients on this, but having been with the city for 22 years, 1'm aware of some of the options. 

## KATHY TOWNSEND 505-243-501 39 1 here is 

## -- there is an Arbitration oivision 2 in legal, and it has come and it has gone, and it 3 depends on the funding, and it may or may not be there.
4 ~toften deals with neighborhood barking dogs, zoning 5 disputes, that sort of thing, when it is operational, or 6 city staff feuds, not that that would happen, but 

### -- so
7 I don't think that's a 

### -- there is the American 8 Arbitration Association, that's extreme1y expensive, 9 that is very technical, that takes many additional 10 months.
11 And you are correct, on page 12, at the bottom 12 of the page, line 55, under "Settlement," it says, "The 13 Board encourages the settlement of a proceeding at any 14 time, if the settlement is consistent with the 15 provisions and objectives of the act and the 16 regulations. " 17 If the Division has 

## -- believes that it has 18 followed the requirements of the law and had to issue a 19 permit, it can't revoke that just because it has 20 negotiations with the neighborhood association. SO I 21 thought that the reference to the Board encouraging 22 settlement, as long as it's consistent with the act and 23 the regs, did encourage 

## -- it says it encourages 24 settlement, and if that can happen, then it 

## -- that's 25 beneficial to everyone.
40

1 DR. LEWIS: But there is not at this point, 2 within the city, or accessible to the city, or to any of 3 the appellants, for example, a mediation service that
4 could be provided as an alternative to or to facilitate 5 that? 6 MS. KEARNY: There are private mediators. 7 retired judges and that sort of thing. heir cost and 8 their availability varies. Your lawyer is probably 9 aware of that sort of thing, but, again, it's always 10 available if the parties agree, but something like the
11 American ~rbitration ~ssociation is very formal, 12 expensive, and time consuming. 13 MR. DEICHMANN: I guess my perspective on that 14 would be that it is encouraged, and I would expect that 15 at any time along the process, if the parties chose to 16 go that route, the petitioner could ask, you know, for a 17 delay or waive the deadlines, and they'd take the 18 opportunity to go through that process. 19 DR. LEWIS: I think 

## -- 20 MR. DEICHMANN: But I don't think we can 21 require them. 2 2 DR. LEWIS: I think if the service is not 23 available for a formal faciliation, that process is not 24 reasonable. 25 MR. DEICHMANN: Well, like Ms. Kearny said, 

## COURT REPORTERS 8

## BOARD MEEl

4 1 1 there is plenty of mediators around. he university has 2 services-- 3 DR. LEWIS: sure. 4 MR. DEICHMANN: 

## -- they can avail themselves 5 of, but I don't think we want to get into the business 6 of creating something like that, at least not tonight. 7 DR. LEWIS: NO. I just wanted clarification. 8 okay. 1'm done. 9 MR. DEICHMANN: That's it. 10 Anything else?
11 1'11 call the question. 12 ~ll in favor of the motion say aye. 13 DR. LEWIS: Aye. 14 MR. GRACE: Aye. 15 MS. WENTWORTH: Aye. 16 DR. CAMPEN: Aye. 17 MR. DEICHWN: Aye. 18 opposed? 19 notion passes unanimously. 2 0 hank you. 21 (End of requested transcription at 6:45 PM.)

25

4 2

1 STATE OF NEW MEXICO ) 2 )ss. 3 COUNTY OF BERNALILLO) 4 

### I, Kathy Townsend, the officer before whom the 5 foregoing hearing was taken, do hereby certify that the 6 witnesses whose testimony appears in the foregoing 7 transcript were duly sworn by me; that I personally 8 recorded the testimony by machine shorthand; that said 9 transcript is a true record of the testimony given by 10 said witnesses; that I am neither attorney nor counsel 11 for, nor related to or employed by any of the parties to 12 the action inwhich this matter is taken, and that I am 13 not a relative or employee of any attorney or counsel 14 employed by the parties hereto or financially interested 15 in the action.

NOTARY PUBLIC CCR License Number: 23 Expires : 12/31/06

~y Commission Expires: 9/12/09 2 1 2 2 23 24 25 

# I KATHY TOWNSEND COURT REPORTERS 

## 505-243-50 1

## 8

## BOARD 

## MEETING, 11/8/06
1

1p]

# - 1:18,7:19, 7:20, 7:22, 7:24, 10:1, 14:12

lOH1106 [I]

## - 20:8 1Oth[1]-1:18 11 1111 

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11.1 121

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### 13:15, 13:25, 14:6, 14:13, 15:16

12~1- 39111 12131106 [I]

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74-2-5.B(1 [I]

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abate 12)

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accept 

### [z]

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accessible [I]

## - 40:2 act 116)

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Act 114)

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acting [I]

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### pi 

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### PI

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affected [I] 

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agenda (41

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agree 141

## - 21:25, 26:24, 33:21,40:10 agreed (21

## - 21 :20, 22:3

agrees [I] 

## - 21 :24 AIR [2]

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ALBUQUERQUE

### p]



## - l:l, 2:2

Albuquerque 

### [lq

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# - 1:1, 2:2AlbuquerqueBernalillo

### p]

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## [z]

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applicable (41- 

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arbitration[I]

# - 38:20

Arbitration 131

## - 39: 1,39:8,40:11

arguments 121

## - 13:3, 35:24 Assistant [I] 

### -195 association [I]

## - 39:20

Association

### p]

## - 19:22, 39:8,40:11 assume [I] 

## - 16:23 assuming [I]

# - 29:3 assures [I]

# - 36:3 attain [I]

# - 12:6 attend 121

## - 30: 1 0, 32:3

attends [I]

# - 28:25 attorney 121

# - 42:10, 42: 13 

### i Attorney 

## [z]

## - 2:7,

19:5 AUGUSTINE 111 

## - 2:4 authority 121

# - 13:5, 14:21 authorize[I]

# - 9:12 authorizes [I]

# - 9:2 automatic 121

# - 29:8, 30:2

avail [I]

# - 41 :4 availability [I]

## - 40:8 available141

## - 14:24, 

# 1 26:10,40:10, 40:23

I 

### avoid [I]

# - 28:5 

# I aware 131

## - 35: 15,

38:25,40:9

aye [41

## - 4:10, 5:21, 1

### bad 111

# - 22:l 

### barking [I] 

# - 39:4 

### basement121 

## - 8:23, 13:17



### basic 111

# - 12:24 

### basis [I] 

## - 29:23 

### BE 111 

## - 1:15 

### became [I] 

## - 2525 

### BEFORE [I] 

# - 1:1 

### began [I] 

# - 34:24 

### begin [3]

# - 19:14, 25:1, 26:l



### beginning111 

# - 331 

### believes 

### [z] 

# - 20:21, 39:17



### beneficial [i] 

# - 39:25 

### BERNALILLO p]

# - 1:1, 2:2, 42:3



### Bernalillo[ii]

# - 137, 3:4, 8:21,8:23, 9:8, 9:10, 9:12, 12:4, 12:11, 13:18, 235



### Better [I] 

## - 7:11 

### between p]

# - 23:15, 24:17, 38:15



### bluep]

# - 18:2, 20:7, 20:8



### BOARD (21

# - 1:I, 22 

### board

### [z] 

# - 38:20 

### Board[86] 

# - 137. 2:7, 3:4, 3:11, 3:14, 3:22,4:2, 7:4, 8:21, 9:2, 9:9, 9:10, 9:16, 9:23, 9:24, 10:6, 11:17, 11:21, 11:22, 12:1, 12:3. 12:4, 12:22, 13:1, 135, 13:7, 1310, 13:13, 13:15, 1322, 14:8, 14:10, 14:11, 14:19, 14:20, 157, 1510, 1521, 18:16, 19:10, 19:17, 19:21, 19:25, 21:9, 21:18, 22:1, 225, 23:1, 23:12, 24:3,24:18,24:22, 26:12, 28:3, 28:6, 28:11, 28:25, 29:7, 29:12, 29:21, 30:10, 

## BOARD MEETING, 11/8/06

30:12, 30:17, 30:20, 31:4, 31:11, 32:2, 32:4, 32:15, 32:16, 33:4,34:4, 34:7, 34:11, 34:23, 3521, 36:9, 36:16, 37:7, 37:10, 38:21, 39:13, 39:21



### Board's p]

## - 12:9, 13:13, 14:4



### bottom 141

## - 4:22, 20:23, 22:23, 39:ll



### brought 131

# - 17:7, 19:20,26:23



### burden [I] 

# - 13:4 

### burned 111

# - 21 :23 

### business 121 

## - 54, 415



### Buttp]

# - 20113, 20:21



### BUlT (11

# - 7:3



### calendars 111

# - 34:18 

### CAMPEN 11 11

# - 25, 4:7,4:14,6:23, 11:11, 22:17, 22:22, 26:23, 36:20, 36:24,41:16



### Campen 121

# - 3:6,4:9 

### cannot [I] 

# - 24: 18 

### capital 111

## - 235 

### capitalization[I] 

## - 233



### capitalize [I] 

## - 23:7 

### capitalized [I] 

# - 23:8 

### care

### [z] 

## - 7:2, 33:18 

### case [5] 

# - 7:4, 31:3, 3521, 365



### case-bytase [I] 

## - 3521



### cases~r] 

## - 19:20 

### CCR 111 

## - 42:19 

### CD [I] 

## - 15:2 

### Center [el 

## - 8:24, 10:19, 10:21, 10:22, 13:18. 15:18, 1519, 23:3



### certain

### [z] 

## - 21:22, 3521



### certainly 121

# - 23:20, 38:23



### certify (11

## - 425 

### Chair [I] 

# - 2:3 

### Chairman 141

## - 514, 73, 293, 34:lO



### challenges (11

## - 13:ll



### Chambers

### [zl- 8:22,


## KATHY TO 13:17 

### change [71- 3:14, 4:1, 6:12, 19:11, 20:1, 21:6, 21:12



### changes DI 

## - 3: 10, 3:24,6:12, 6:20, 7:4, 11:20, 14:15



### changing

### [z] 

## - 10:23, 1519



### charge 131

## - 151, 153,21:18



### checked [I] 

## - 5:7 

### choose[i]

# - 31:18 

### chose [I] 

# - 40: 15 

### circumstances 

### [z] 

## - 32:23, 3516



### city 161

# - 21:23, 38:19, 38:24, 39:6, 40:2



### City (41

# - 9:8, '12:14, 13:16, 195



### Civic p]

## - 1:18, 8:24, 13:19



### clarification111

## - 41:7



### clarified[I] 

## - 28:12 

### clarifies p]

## - 22:16, 23:23,28:6



### clarify 

### [z] 

# - 19:3, 23:19



### clause [2] 

# - 10:10, 159



### Clean [I] 

## - 9:7 

### clear 

### [z] 

# - 23:16. 26:22



### clearest 121 

## - 26:24, 28: 17



### clerk 161

## - 29:6, 30:7, 30:8, 31:25, 32:3



### clients [I] 

## - 38:24 

### close PI 

# - 157, 31:16, 31:21



### closing [I] 

## - 35:24 

### coherent [I] 

# - 1 1:21 

### coming 

### [zl 

## - 32:19, 32:20



### comments [I] 

## - 16:21



### Comments [I] 

# - 16:25



### Commission

### [z] 

## - 13:17, 42:20



### commitment (11

## - 38:ll



### committee 111

# - 3:14 

### complete 131

## - 8:11, 8:18, 10:8



### completely 121

## - 17:20, 23:l



### computation [I] 

## - 2325 

### concept [ZI 

## - 19:9, 26:19



### concepts [I] 

# - 26:18 

### concern(21

# - 30:16, 37:13



### concerned [I] 

## - 31:ll



### concerns [I] 

# - 29:19 

### concluded [I] 

# - 29:22



### conditions 

### [q

# - 95, 12:17



### Conference [I] 

# - 1:18



### confirmed (11

## - 5:8 

### conflict [I] 

# - 29:13 

### confused 

### [s] 

# - 26:16, 26:20, 27:9, 27:13



### confusion

### [z] 

## - 285, 28:9



### consider p]

# - 11:21, 30:25, 38:7



### consideration(41 

## - 54, 18:15, 21:8, 36:ll



### considered [I] 

# - 13:24



### considering(11

# - 24:4



### consistent[a] 

# - 8:25, 12:6, 13:8, 13:20, 14:2, 21:16, 39:14, 39:22



### consolidate [i] 

# - 11:19



### consulted [I] 

## - 38:23 

### consuming 111

# - 40:12



### context 

### [z] 

## - 23:17, 23:24



### contradictory

### [z] 

# - 17:12, 17:20



### contradicts 111 

## - 19:l



### CONTROL 

### [z] 

## - 1:1, 2:2



### Control 1141

# - 1:17, 3:4, 8:21,9:7, 9:9, 9:10, 11:17, 12:l. 12:2, 12:4, 13:21, 19:12, 22:24, 23:lO



### copied [I] 

# - 132 

### copies [I] 

## - 9:13 

### copy [I 11

# - 14:25, 16:16, 20:6, 20:14, 29:6, 30:9, 30:11, 32:1, 32:4, 32:6, 34:4



### correct 121

## - 16:23, 39:ll 

## dNSEND COURT REPORTERS 505-243-5018 corrected [I] 

## - 16: 16 

### correction [3] 

# - 3:14, 4:20, 5:lO



### cost [Z] 

# - 9:4, 40:7 

### Costs [z]

# - 9:13, 9:16 

### Council [I] 

# - 234 

### CouncillCounty[I] 

# - 13:16



### counsel 141

# - 29:7, 32:4,42:10, 42:13



### count [I] 

# - 37:25 

### country [I] 

# - 34:20 

### county 121

# - 12:12, 23:6



### COUNTY[3]

# - 1:1, 2:2,42:3



### County

### [lo]

# - 1:17, 3:4, 8:21, 8:24,9:8, 9:10, 9:12, 12:4, 12:11, 13:18



### couple 131

# - 1 5124, 23:18, 28:16



### course 111 

## - 21:14 

### C0urt[3]

# - 10:13, 15:12, 3516



### cover[i] 

## - 9:3 

### craft [I] 

# - 23:23 

### creating (11

# - 41:6 

### criticism(11

# - 28:ll



### D.1 [I] 

## - 28:24 

### data [I] 

# - 13:2 

### date 141

# - 10:17, 1535, 20:13,21:22



### dated [I] 

# - 14:16 

### days1121 

# - 10:19, 22:1, 2515, 25:18, 2524, 26:2.26:5, 26:6, 26:8, 26:10, 34:7



### deadline 1101

# - 131, 18:20, 18:22, 18:23, 21:19, 21:25, 22:3, 22:4, 24:6, 24:14



### deadlines [I 11

## - 19:11, 19:14, 19:18, 19:23, 20: 1, 22:6, 22:10, 25:10, 34:16, 34:25, 40:17



### deal (11

# - 19:16 

### deals [I] 

# - 39:4 

### December [I] 

# - 15:16



### decide [I] 

# - 29:13 

### decision (241

# - 4:24, 617, 10:14, 11:15, 14:18, 1512,28:9,

## BOARD MEETING, 11/8/06

29:2, 29:23, 30:4, 30:17, 30:21,31:1, 31:4, 31:17, 31:19, 31:20, 31:22.32:15, 32:16, 34:9, 36:18, 37:9, 37:11



### decisions 121

# - 13:11, 28:ll



### defined [I] 

# - 2221 

### Deichmann131

# - 3:6, 534, 7:s



### DEICHMANN I581

# - 2:3, 3:1, 3:18, 3:23, 4:6, 4:8, 4:15,5:15, 319, 5:24, 6:2, 6:6, 6:18,6:25, 75, 7:9, 7:23, 8:4, 8:6, 8:10, 8:12, 10:25, 11:4, 11:12, 15:25, 16:6, 16:11, 16:18, 16:20, 16:22, 16:24, 17:2, 17:4, 17:23, 18:3, 18:7, 19:2,20:14, 24:10, 26:15,27:5, 27:20, 27:23, 27:25, 28:14, 32:14,32:18, 35:7, 36:12, 37:19, 37:21,37:23,40:13, 40:20.40:25,41:4, 41:9,41:17



### delay [I] 

# - 40:17 

### deliberate [I] 

## - 31:l 

### deliberation [lo]

# - 28:8.29:2,29:23, 30:22, 30:24,31:8, 31:9, 32:11, 34:3



### demonstrated111

## - 34:13



### denied [I] 

## - 12:17 

### department111

# - 3515



### Department161

# - 12:15, 12:20, 13:11, 13:24, 14:12, 14:25



### designation [I] 

## - 13:4



### detailed [I] 

# - 13:6 

### details 111

# - 14:3 

### determined[?I

## - 14:l 

### different 121

# - 21:2, 26:7



### differentiate 111

# - 23:15



### difficult [I] 

# - 37:3 

### diligence [I] 

# - 16:20 

### directed 121

## - 10:20, 15:17



### directs [I] 

# - 10:7 

### disagree[i] 

# - 20:18 

### disasters [I] 

# - 222 

### discretion [I] 

# - 27:12 

### discussed 111

## - 11:20



### discussion [7]

## - 6:13, 11:6, 32:15, 3334, 34:2, 355, 35:8



### Discussion [I] 

## - 16:25 

### disputes [I] 

# - 395 

### disqualified 111

# - 14:20



### distinction 111

## - 2437



### Division161 

# - 19:10, 25:21, 37:15, 38:15. 39:1, 39:17



### Division's 111

# - 37:16 

### document [lo]

# - 18:18, 23:13, 25:6, 25:9, 27:10, 27:11, 28:20, 29:4,37:1, 37:9



### documentation [I] 

## - 30:23



### documents 131

# - 14:24, 15:1, 27:6



### dogs 111 

## - 39:4 

### DOMINGUUM

# - 2:7,6:5, 33:22



### done p]

## - 24:18, 24:19,41:8



### double [z]

# - 20:7, 20:9



### double-lined[I] 

## - 20:7



### down (21

# - 21:23, 35:12



### DR (681

# - 2:5, 3113, 3:20, 4:7, 4:1l, 4:14, 6:1,6:23, 8:1, 11:3, 11:8, 

### ll:ll, 17:1, 17:3, 17:6, 17:25, 18:5, 18:12,20:6, 20:15, 20:18, 21:4, 22:13, 22:17, 22:22, 23:11, 23:18, 2510, 26:14, 26:16,26:23, 27:3, 27:8, 27:17, 27:22, 27:24,28:1, 28:16, 29:9, 29:19, 30:15, 31:7, 32:9, 32:17, 32:19, 32:25, 33:9, 33:15, 33:20, 33:23, 35:3, 36:2, 36:14, 36:20, 36:22, 36:24, 37:6, 37:20, 37:22, 37:25, 38:4, 40:1, 40:19, 40:22, 41:3,41:7,41:13, 41:16



### Dr v]

# - 35, 3:6, 3:12, 4:9, 11:5. 175, 32:22



### Draft111 

## - 20:23 

### draft [4] 

## - 4: 19. 14:16, 16:15, 16:17



### drill [I] 

## - 26:13 

### due [z]

## - 19:13, 25:25



### duly (11 

## - 42:7 

### DVD [I] 

# - 15:2



### effective[z]

## - 10:17, 15:15

EIB[l]

# - 21115 

### either [z] 

## - 12:16, 37:1 1



### electronic 131

## - 14:24, 14:25, 15:2



### employed [z] 

## - 42:11,42:14



### employee 111 

## - 42:13 

### encourage 111

# - 39:23



### encouraged 111 

## - 40: 14



### encourages 121

## - 39:13, 39:23



### encouraging p]

# - 39:21



### end 141

# - 5:3, 31:19, 31:20, 36:25



### End 111 

## - 41:21 

### ended [z]

# - 29:17, 375



### energy 111 

## - 38:ll 

### enforcing 131

# - 95, 9:17, 12:12



### English [I] 

## - 27:6 

### entity [I] 

# - 3522 

### Environmental[4] 

## - 3:16, 3:21. 4:l. 12:15



### EPA 111 

## - 1019 

### especially 131

## - 29:22, 34:8, 36:18



### establish 1.1 

## - 9:14, 9:19, 14:8, 363



### established 141

## - 18:20, 18:23, 19:14, 24: 14



### establishes [z]

## - 12:24, 13:13 

### evidence 121

# - 9: 19, 14:7



### Exactly [I] 

# - 36:24 

### examination [I] 

# - 

# 1 familiar [I] 

# - 27:7 

### fashion [I] 

# - 11 :21 

# 1 fast[ll-36:1 

# I 153 

### example 131

# - 22:2, 30:20. 40:3



### except [4]- 18:21, 22:4,24:15, 24:23



### Exhibit 1191

## - 7:7, 73, 7:19, 7:20, 7:22, 7:24, 10:1, 14:12, 14:15, 17:10, 17:24, 18:1, 18:4, 185, 19:8, 20:8,20:12.21:3



### exhibit [z]

# - 7:13, 34:14



### exhibits 141

## - 13:25, 30:9, 32:2, 32:7



### existing [z]

## - 14:23, 155



### exists(11

# - 9:20 

### expect [I] 

# - 40:14 

### expensive 121

# - 393, 40:12



### experience 111

## - 28:2 

### Expires

# w 

# - 42:19, 42:20



### explain 141 

## - 16:14, 17:19,23:21,25:21 

### extend [4]

# - 21:24, 21:25, 22:3



### extension (161

## - 17:13, 17:17, 17:22, 18:17, 18:19, 21:9, 21:19,22:5, 2332, 24:1, 245, 24:13, 24:22, 24:23, 255



### extensions [z]

# - 22:9,25:6 

## I extensive [I] 

# - 343 

### extra [I] 

# - 3519 

### extraordinarily 111 

## - 34:15



### extraordinary 111

## - 24:23



### extremelytli 

# - 39:8 

## F

faciliation (11

# - 40:23 

### facilitate [I] 

## - 40:4 

### facility 111

# - 38:19 

### fact 111

# - 5:2 

### fail 111

# - 5:2 

### failed 111 

# - 4:24 

### fair121

# - 36:3, 3614

I I I I 

## KATHY TOWNSEND COURT REPORTERS 505-243-501

## 8 6:24, 35:19 

### fees [z] 

# - 9:3, 9:14 

### Fees[4]

# - 63,6:9, 8:17,9:24



### feuds [I] 

# - 39:6 

### few [i]

# - 29:25 

### file [z] 

## - 12:21,21:21 

### pled [I] 

# - 25:15 

### filing [7]

# - 10:19. 12:25, 18:18, 23:12, 255, 25:9, 25:lO



### filling 111

# - 6:23 

### financially 111

# - 42:14



### Fine [I] 

# - 33:23 

### fine 131

## - 21:24, 26:21, 32:17



### finish [I] 

# - 31:8 

### finite (11

# - 37:3 

### firm 111

# - 19:23 

### first [lo]

# - 7:23, i 7: i 6, i 9: 1,20:19, 21:11. 23:9,23:15, 24:12, 25:4, 38:22



### Floor[z]

# - 1:18, 20:24



### floor [7j

# - 8:6, 14:14, 18:8,20:7, 28:21, 295, 35:15



### flow (11

# - 20:2 

### follow [z] 

## - 23~3, 26:3



### followed 111

# - 39:18 

### following 171

## - 9:21. 10:3, 14:15, 14:17, 14:22, 154, 15:7



### FOR 111

# - 2:2 

### foregoing 121

# - 425, 42:6



### formal [z]

# - 40:11, 40:23



### format p]

## - 10:21, 14:25, i5:18 

### forthcoming [11

## - 31:24



### four 151

## - 14:17, 16:4,



### avor 141

# - 4:10, 5:21, 11:7,41:12 

# I 1 general 111

# - 1919 

# i 165, 16:7, 29:15

F~~~ 121

# - 4:23, 15:17 

### Friday (11

# - 20:15 

### front [I] 

# - 6:22 

### full [z]

# - 26110,34~4 

### funding [I] 

# - 39:3 

### future 

### M

# - 9:20,



### fee 141

# - 6:17,6:21, 

## / given 121

## - 36:3,42:9 

# I I 

## 1



# , 2815,38:8 

# I

## BOARD MEETING, 11/8/06

Given111 

## - 38:lO 

### giveth [I] 

# - 22:7 

### Government 121

# - 8:24, 13:18



### GRACE 1221

# - 2:4, 4:4,4:12, 313,522, 7:7, 7:16, 7:19, 7:22, 7:24,8:11, 8:15, 11:9, 1523, 16:3, 16:9, 16:19, 16:21, 16:23, 25:4, 25:9,41:14



### Grace [6] 

# - 3:6, 4:9, 516, 8113, ll:l, 16:l



### grammar [I] 

# - 23:2 

### grant 191

# - 18:17, 2119, 21:11, 21:19, 225, 23:12, 245, 24:22



### granted[a] 

# - 12: 16, 15:6, 17:18, 18:20, 22:9, 24:13



### granting 121

# - 24:17, 27:9



### graphic [I] 

# - 34:13 

### great p]

# - 19:16, 34:22, 351 0 

### green [2]

# - 18: 1

### , 20: 10



### Griego [I] 

# - 8:22 

### guess [lo]

## - 6:4, 20:25, 28:4, 31:12, 34:23, 35:3, 36:2, 36:16, 38:6, 40:13



### ha11 [I] 

# - 21:23 

### handed [I] 

## - 20:22 

### hands [I] 

## - 37:17 

### happy 121

# - 27:17, 27:18



### hard

### [z] 

# - 7:9, 18:lO 

### head [I] 

# - 7: 15 

### Health [I] 

# - 12:15 

### hear [2] 

## - 7: 11, 28:4 

### heard [21- 6:11, 29:20



### Hearing[I] 

## - 3: 1 

### hearing [661- 6: 11

### , 8:22, 9:18, 10:2, 10:5, 12:22, 13:1, 13:2, 13:4, 13:16, 1411, 14:4, 14:7, 14:13, 14:19, 14:21, 1516, 18:15, 18:22, 19:13, 21:8,21:17, 22:4, 24:2, 24:6, 24:8, 24:18, 24:21,24:25, 25:1, 252, 25:17, 2520, 26:1,26:7, 26:11,28:7,28:10, 28:25, 29:6, 29:22, 30:7, 30:8.30:9, 30:18, 30:20, 315, 31:6, 31:16, 31:18, 31:19, 31:21, 31:24, 31:25, 32:2, 32:3, 33:2, 33:3, 33:6, 34:17, 34:24.42:5



### hearings 141

## - 9:15, 13:10, 28:3, 38:12



### Heck 111

## - 25:23 

### held [4] 

## - 8:22, 10:12, 13116, 15:ll



### help [2] 

# - 9:21, 23:22 

### hereby 141

## - 9:25, 10:6, 14:11,42:5



### hereto [I] 

# - 42:14 

### herself [I] 

# - 14:20 

### himself [I] 

## - 14:20 

### historical 121

# - 32:19, 32:20



### holding 121

# - 13:2, 18:22



### holiday [I] 

# - 37:2 

### honesty [I] 

# - 19:6 

### hour [I] 

# - 1 :20 

### hundred [I] 

## - 36:19 

### hurry [I] 

# - 3317



### immediately [I] 

## - 31:22



### Implementation[2] 

## - 6:9, 8:19



### implementing 111

## - 9:5



### implies [I] 

## - 31.7 

### inches [I] 

## - 29:15 

### included [I] 

## - 14:14 

### includes [I] 

## - 14:3 

### including [I] 

# - 6:21 

### incompetent [I] 

## - 23:2



### incorporate 121

# - 6:8, 22: 18



### incorporated 121 

## - 6:19, 25: 11



### incorporates [I] 

## - 6:20



### incorporating [I] 

## - 8:17



### instance [I] 

## - 21:20 

### instead [I] 

# - 30:23 

### insufficient 111 

## - 37:8 

### Integrated 111

## - 20:24 

## KATHY TO integrated [2] 

## - 28:21, 295



### intent 121

# - 3:22, 21:21



### interested [I] 

# - 42:14 

### interests 111

## - 3525 

### interject 111

# - 24:lO 

### interpretation 121 

## - 17:15. 27:l



### interpreted [I] 

## - 22:ll



### intervenor [I] 

# - 15:6 

### introduce111 

## - 38:9 

### invalid 121

# - 10:13, 1512



### involved(21

## - 1 9: 19, 38:16



### involves 121

# - 12:11, 35:19



### issuance [I] 

# - 2516 

### issue 131 

# - 32:20, 35:6,39:18



### issuing 111

# - 12:ll 

### IT111

## - 1115 

### item 141

# - 3:9, 4:2, 6:6, 11:15



### Item 121

# - 4:23, 7:16 

### itself [I] 

## - 25:22



### JENS 111

# - 2:3 

### JOHNNYE (11 

# - 2:5 

### Joint [I] 

# - 9:8 

### judged [I] 

## - 365 

### judges [I] 

# - 40:7 

### Justice 131

# - 3:16, 3:21, 4:l



### KAREN [I] 

# - 2:4 

### Kathy [I] 

## - 42:4 

### Kearny 131

## - 19:2, 19:5,40:25



### KEARNY 1301

## - 1914, 20:11, 20:16, 20:21, 21:13, 22:20, 22:23. 23:17, 23:20, 24:20, 258, 2514, 27:15, 29:3, 29:10, 305, 31:3, 31:12, 32:13, 32:22, 33:8, 33:13, 33:17, 34:10, 3514, 36:13, 37:10, 38:2, 38:23, 40:6



### keep 121 

## - 17:8, 18:lO 

### key 

### [z]

# - 24: 13, 24:16 

### kind

### [s] 

## - 27:10, 35:4, 36:6, 38:14, 38:17



### King's [I] 

## - 275



### language[6] 

## - 155, 23:14, 285, 28:24, 30:19, 32:lO



### lastg]

# - 11:18, 17:7, 19:17, 2520, 34:12, 354, 36:6



### last-minute [I] 

## - 36:6 

### law 121

## - 19:23, 39: 18 

### laws [I] 

# - 9:ll 

### lawyer 

### [q

## - 23:22, 37:16,40:8



### lawyers [2] 

# - 19:23, 35:23



### least p]

# - 36:17, 41:6 

### leave [I ]

# - 37:4 

### led111

# - 28:lO 

### left[3]

# - 11:18, 11:19, 30:16



### legal 

### [q

## - 14:21, 39:2 

### Legislative [I] 

## - 23:4 

### length 111 

# - 38:lO 

### letter [I] 

# - 23:6 

### level 121

# - 8:23, 13:17 

### Lewis 

### [q

# - 35,3:12, 11:5, 175,29:3, 32:22



### LEWIS [Sa]

## - 2:5. 3:13, 3:20, 4:11, 6:1, 8:1, 11:3, 11:8, 17:1, 17:3, 1716, 17:25, 185, 18:12, 20:6, 20:15, 20:18, 21:4, 22:13, 23:11, 23:18, 25:10, 26:14, 26:16, 27:3, 27:8, 27:17, 27:22, 27:24, 28:l. 28:16. 29:9, 29:19, 30:15, 31:7, 32:9, 32:17, 32:19, 32:25, 33:9, 33:15, 33:20, 33:23, 35:3, 36:2, 36:14, 36:22, 37:6, 37:20, 37:22, 37:25, 38:4, 40:1, 40:19, 40:22, 41:3,41:7, 41:13



### License [I] 

## - 42: 19 

### Line111 

# - 8:l 

### line[ig]

# - 14:17, 14:22, 15:4, 1524, 16:4, 165, 16:6, 16:9, 

# 1 16:11, 20:9, 20:10,

I I 

## WNSEND COURT REPORTERS 505-243-5018 23:8, 295, 30:7, 31:3, 34:6, 3425, 39:12



### lined [I] 

## - 20:7 

### lines 1141

# - 17:10, 23:25. 24:8, 252, 25:3, 26:7, 26:11, 34:3, 34:13, 34:14, 34:15,34:21, 35:18, 3525



### listed [I] 

# - 3:20 

### local 121

# - 9:11, 9:17 

### location121

# - 35:2, 36: 15



### look (61

# - 7:20, 1525, 16:2, 17:11, 22:21, 3518



### looking

### [s] 

## - 75, 19:7, 21:2, 23:14, 24:ll



### looks 121

## - 8:11, 2716 

### louder (11 

## - 3:19



### machine111 

# - 42:8 

### Madam [I] 

# - 3:l 

### maintain [I] 

# - 12:7 

### mandatory [I] 

## - 38: 14



### MARIA 111

# - 2:7 

### mark 121

## - 7:1, 7:4 

### Marquette 111

# - 1

### :19 

### material 111

## - 36:19 

### matter 141

# - 1:16, 4:25, 6:23, 42:12



### matters [I] 

# - 13:12 

### MATTHEW [I] 

# - 2:5 

### mean

## m

# - 21:6, 23:14, 23:21, 29:14, 31:12, 31:15, 32:18



### means 141

## - 2 1

### :13, 21:17, 22:24, 23:lO



### media (11

# - 15:2 

### mediation 131

# - 38:14, 38:20, 40:3



### mediators 121 

## - 40:6, 41:l



### meet[2]

## - 31:21, 34:25



### meeting[a] 

## - 3:2, 3:3, 51, 9:6, 17:7, 315, 31:17, 37:ll



### member[i]

# - 14:19 

### Member 

### [a]

# - 4:8, 315, 319, 8:13, 10:25, 16:1,20:25, 29:3



### members 1121

## - 19:17, 29:7, 29:12,

## BOARD MEETING, 11/8/06

29:21, 30:10, 30:12, 32:2, 32:4, 33:4, 34:10, 37:7

memory [I] 

# - 29:24 merits [I] 

## - 13:lO Mexico[91 

# - 1:19, 6:9, 8:18,8:25, 9:1, 9:7, 12:2, 13:19, 13:21

MEXICO[i]

# - 42:l midway [I] 

# - 24:12 might 121 

## - 19:8, 28:17

minimum 121

# - 36:9, 36:22

minute 121

# - 36:6, 37:23

minutes p]

## - 4:19, 37, 58, 59, 311, 514

miracle111

# - 26:4 missing131 

## - 18:25, 26:21, 305

mistakes [I] 

# - 1524 month 

### [z]

# - 11:18, 2520

months [I] 

# - 39:lO motion

### [is]

# - 4:2, 4:4,4:8,4:23, 52, 511, 513, 5:15,6:14, 6:20,8:14, 8:15, 10:25, 11:23, 157, 18:13, 24:1,41:12

Motion [3]

# - 4:17, 11:14, 41:19

Mountain [I] 

# - 19:21 move 121 

# - 8: 16, 11:24

MR[82]

# - 2:3, 2:4, 25, 3:1, 3:18, 3:23, 4:4,4:6, 4:8, 4:12, 4:15, 313, 5:15, 519, 522, 524, 6:2, 6:6, 6:18, 6:25, 7:3, 75, 7:7, 7:9, 7:16, 7:19, 7:22, 7:23, 7:24, 8:4, 8:6, 8:10, 8:1l, 8:12, 8:15, 10:25, 11:4, 11:9, 11:12, 15123, 15:25, 16:3, 16:6, 16:9, 16:11, 16:18, 16:19, 16:20, 16:21, 16:22, 16:23, 16:24, 17:2, 17:4, 17:23, 18:3, 18:7, 19:2, 20:14, 24:10, 254, 259, 26:15, 275, 27:20, 27:23, 27:25, 28:14, 32:14, 32:18, 357, 36:12, 37:19, name [I] 

# - 4: 1 national [I] 

## - 12:7 natural [I] 

## - 22:2 necessarily [I] 

## - 385

necessary 121

# - 10:8, 14:3

need 1131

## - 9:19, 9:20, 14:8, 16:16, 36:21, 37:16

needed 111

# - 13:6 negotiations[I] 

# - 39:20

Neighborhood[I] 

## - 19:21

neighborhood(21

# - 39:4, 39:20

neuron [I] 

# - 26:21 new [I] 

# - 22:25 New 191 

## - 1:19, 6:9, 8:18, 8:25, 9:1, 9:7, 12:2, 13:19, 13:20

NEW[IJ 

## - 4211 next[s] 

## - 51, 11:15, 18:19, 27:10, 30:ll

Nieto [I] 

# - 16:13 NlETO [I] 

# - 16:14 night121 

## - 31:18, 3520

nine [I] 

## - 7:24 NMAC (131

## - 6:8, 8:17, 9:24, 11:16, 11:25, 13:23, 14:1, 14:11, 15:10, 15:15, 1518, 1520, 20:24

NMSA [4]

# - 12:3, 12:18, 12:23, 13:9 normally [I] 

# - 22:8 Northwest 131

## - 1:19, 8:24, 13:19

NOTARY [I] 

## - 42: 18 note [I] 

## - 3:5 nothing[I] 

# - 32:9 notice 131

# - 8:25, 13:20,21:21

noticed [I] 

## - 38:12 notification[I] 

## - 13:2

November

### [s]

## - l:16, 8:20, 9:18, 10:2, 10:4, 10:18, 10:24, 1521

number p~ 

# - 3:9, 4:2, 6:6, 7:16, 11:24, 24:12, 34:7

Number (21

## - 4:23. 42: 19

objection121 

## - 27:4, 29:8

objectives[I] 

## - 39: 15

obviously [3] 

## - 31:13, 33:14, 35:14

occasionally 111 

## - 29: 12

occur(21- 24:7, 31:23

October 

### [s]

## - 4:19, 13:15, 13:25, 14:6, 14:13

oF[3]-1111, 42:1, 42:3

officer [lei

## - 13:4, 14:19, 14:21, 157, 18:16, 21:8, 21:17, 22:4, 24:2, 24:18, 24:21, 30:10, 32:2, 33:3, 34:17, 42:4

Officer [I] 

## - 3:2 often [TI 

## - 39:4 One [.I] 

# - 8124,9:24, 13118, 14:ll

one 1241 

# - 3:9, 3:13, 4:25, 53, 6:15, 7:16, 17:9, 17:10, 1811, 18:6, 19:1, 20:22, 21:11, 21:12, 22:21, 23:8, 26:7,26:20, 29:10, 30: 13, 37:22, 38: 12

open[3]-31:17, 34: 18, 37:4

operational [I] 

# - 395 opportunity PI 

# - 4:18, 2519, 345, 34:6, 36:4, 365, 40: 18

opposed [I] 

# - 22:19 Opposed [4] 

# - 4: 16, 525, 11:13,41:18

opposite [I] 

# - 26: 19 options [I] 

## - 38:25 order 121

## - 3:2, 37:12 Ordinances [I] 

# - 9:9 original 121 

# - 16:16, 22:12

othemise pi

# - 10:13, 15:11, 17:7

packet 121

# - 20: 15, 20: 16

page (221

# - 4:22, 7:16, 14:17, 14:22, 154, 1524, 16:3, 16:4, 165, 16:9, 16:11, 1719,17:10, 18:6, 22:21, 22:23, 23:8, 28:19, 295, 37:1, 39:11, 39:12

Page 121 

## - 7:24, 21:4 pages p1- 20:10, 3524. 36:19

painful [I] 

# - 27:15 paragraph[g]

# - 10:10, 15:9, 17:21, 17:22, 21 :4, 21 :7, 24:12, 28:23, 30:16

Part 1141

## - 55, 8:18, 9:25, 10:6, 10:8, lO:ll, 10:17, 10:21, 10:23, 26:2, 26:8, 26:9, 28:19. 33:18

part 141 

# - 12:9, 28:9, 31:19, 33:6

partially [I] 

## - 28:l participate [I] 

## - 33:2 participated [I] 

# - 12:19

parties 

### [lo]

# - 145, 18:15, 24:4, 34:18, 3523, 38:16, 40:10, 40:15, 42:11, 42:14

party PI 

## - 18:13, 24:1, 33:13

passed [I] 

## - 5:3 passes(41 

## - 4: 17, 6:3. 11:14, 41:19

past [I 1

# - 2523 people (21 

## - 21:7, 24:25


## KATHY TO I 

## lWNSEND COURT 

## 505-243-50 18 I 

## REPORTERS - per [I] 

# - 20:25 period [2]

# - 19:24, 37:4

permit 

### [lo]

# - 9:3, 9:4, 12:15, 12:16, 12:17, 13:11, 2516, 2517, 39:19

, permits [31- 9:6, 12:11, 12:13

permitting121

## - 12:19, 12:21

person121

# - 12:19, 15:6

personally [I] 

# - 42:7 perspective [I] 

# - 40:13

petition

### [s]

# - 12:21, 12:25, 2514, 2515

petitioner1121

# - 18:21, 19:13, 22:4, 225. 23:13, 24:6, 24:15, 24:19, 251, 26:1, 26:3,40:16



### petitioner's [I] 

# - 27: 12

petitioners141

# - 19:22, 21:25, 34:16, 37:17

petitioning[I] 

# - 9:14 phrasing [I] 

# - 26:25 pin [I] 

# - 3511 place121

# - 27:8, 28:17

places [2]

# - 28: 16, 29:25

plan [I] 

## - 12:lO Plan 121 

# - 6:10, 8:19 Plaza pi

# - 1:18, 8:24, 13:19

plenty [I] 

# - 41:1 PM 121 

# - 1:20,41:21 point 181

## - 28:14, 30:6, 30:15, 31:10, 353, 358, 38:19, 40: 1

pollution131

## - 9:22, 12:8, 12:lO

possible131

# - 22:17, 31:16, 36:l

posthearing 121

# - 28:18, 34:3

postpone 131

# - 4:24, 52, 37:9

power [I] 

## - 20:2 

### PRD 121

# - 20:23, 28:20

prejudice 

### [s]

# - 18: 15, 24:4, 365, 37:14, 37: 15

present

## m

# - 3:7,

## BOARD MEETING, 

## 11/8/06

9:19, 14:8,21:21, 28:4, 28:8, 29:13

presented(21

## - 9:19, 14:7

presently 111,- 

### 26:8 pressure 111

## - 2522 prevent 121

# - 9:21, 12:8

preventing 111

# - 12:lO

previous 121

## - 29:20, 31:ll

previously 111

# - 29:20

private 111

## - 40:6 problem p]

## - 33:18, 34:11, 38:l

problems 111

## - 351 2 procedural [4]

# - 12:24, 13:8, 13:14, 13:23

Procedure111

# - 20:24

procedure[I] 

# - 14:4 Procedures121

# - 11:17, 11:25

procedures 161

# - 13:6, 14:9,26:4, 28:13, 28:18, 28:21

proceeding 131

# - 18:14, 18:17, 39:13

PROCEEDINGS[I] 

# - 1:11

process[io]

## - 1933, 25:25, 30:2, 31:2, 33:1, 38:13, 38:18, 40:15,40:18,40:23

programs 121

# - 9: 13, 9:17

prohibit [I] 

# - 32:lO promptly 131

# - 30:8, 315,32:l

promulgate(11 

## - 125

proof [I] 

## - 13:4 proposal 111 

## - 6:7 propose 121

## - 31 :13, 31:14

proposed 1111

## - 3:25, 6:l I,6:12, 6:20,9:25, 13:24, 14:12, 18:8, 20:7, 351, 35:2

protect 111 

## - 14:5 provide 191

# - 14:25, 1523,29:6, 30:8, 30:11, 32:1, 32:3, 325,34:22

provided 141

## - 1122, 153,34:14, 40:4

provides (21

# - 12:18, 13:6 providing (11

## - 9:13 provisions 131

## - 10:15, 1533,39:15

PUBLIC 111

# - 42:18 Public [I] 

## - 20:23 public 191

# - 8:22, 9:13, 9:18, 13:16, 145, 14:7, 14:16, 16:15, 16:17

publish 111 

## - 125 put

# m - 22: 15, 2522, 325, 32:6, 345, 34:6, 36:24

putting [I] 

# - 352

quality 151

## - 6:10, 932, 9:17, 12:7, 12:ll

QUALITY (21 

## - 1:1, 2:2

Quality~lsi 

# - 1:17, 3:4, 3:16, 8:19, 8:21, 9:1,9:7, 9:9, 9:10, 11:17, 12:1, 1212, 12:4, 13:21, 19:12, 22:19, 22:24, 23:lO

questions [3] 

## - 3:24, 16:24,27:21

quick [I] 

## - 36:6 quite [I] 

# - 38:18 quorum [I] 

# - 3:8 quote 111

## - 155 quotes [I] 

## - 15:7

raised 131

## - 29:20, 32:20

rather 111

# - 16:lO reachpi

# - 30:17, 31:4, 31:20

read[ii]

## - 6:19, 7:1O, 8:15, 17:11, 17114, 18:12,22:11,25:20, 27:6, 34:12, 34:23

reading 121 

## - 17:13, 24:11

really 171

## - 21:2, 22:13, 23:15, 26:25, 358, 3517, 38:13

reason 141 

## - 10:12. 15:11,21 :22, 2523

reasonable131 

## - 9:3, 37:7,40:24

reasonably 111 

## - 9:20


## KATHY T( reasons [I] 

## - 29:11 receipt 111

# - 2537 receive p]

## - 20: 16, 32:24. 34:4

received111

# - 32:12 receives 121

## - 30:7, 31:25

recent [I] 

# - 19:20 recollection [I] 

# - 29:lO

recommended [I] 

## - 38:21

record pi

# - 35,59, 42:9

recorded111 

# - 42:8 records 111

## - 9:14 Records(61

## - 1 0: 19, 10:21, 10:22, 15:18, 1519,23:3

recover 111 

# - 9:13 recuse 121

## - 14:20, 29:14

red 131

## - 18:1,20:9, 20:21

refer 131

# - 16:16, 17:12, 3524

reference 161

# - 7:6, 7:12, 1524,22:18, 25:6, 39:21

referencesp]

# - 7:7, 16:15

referring 141

## - 19:7, 19:8,28:20, 29:4

refersp]

# - 17:16, 255, 32:25

refusing 111

## - 32:ll reg 111 

## - 26:4 regard 111

# - 37:15 regarding 1111

# - 6:7, 6:13, 9:24, l1:16, 13:10, 13:11, 14:3, 14:18, 18:20, 21:19, 24:14

regs 121

# - 26:2, 39:23 regulation 1121

## - 135, 13:8, 13:13, 13:14, 13:23, 14:9, 15:14, 18:21, 18:24, 19:25. 21:15, 23:24

Regulations [I] 

## - 9:11

regulations 131

# - 10:15, 12:6, 39:16

related (11 

## - 4231 relative 111 

# - 42:13 relatively 111 

## - 22:25 reluctant [I] 

# - 36:24 rely [I] 

# - 14:21 remaining (21

## - 10:14, 1513

I 

## IWNSEND COURT 

## 505-243-501 8 remember [I] 

## - 18:9 REMEMBERED 111

## - 1115

remove 121

# - 16:21, 27:4

repeal 111

# - 12:s repeat [I] 

## - 32:13 report [I] 

# - 3:21 reporter 111

## - 35:16 reports [I] 

# - 3:15 request 171

# - 17:16, 21 :I,28:7, 29:1, 29:16, 30:1, 30:3

requested 151

# - 14:24,23:13, 29:6, 30:11, 41:21

requester [I] 

## - 153 requesting (11

## - 

# 1 12:25 require [I] 

# - 40:21 required 141

# - 10:22, 15:19, 23:2, 36:9

requirements 161

# - 9:1, 9:6, 12:25, 13:20, 14:2,39:18

requires [2]

# - 12:3, 26:9

reset111 

## - 37:lO Resolution 131

# - 4:24, 8:16, 11:24

resolution (51

# - 6:19. 10:12, 10:16, 11:23, 16:4

resolved 121

# - 9:23. 14:lO

respond [I] 

# - 359 retired 111 

## - 40:7 reverse 111 

## - 27:ll review 191

# - 4:18. 14:16, 16:15, 16:17, 17:25,29:1, 34:8, 36:6, 37:8

Review [I] 

## - 20:23 reviewed [2] 

# - 12:15, 13:22

reviewing [I] 

## - 9:4 revised [3] 

# - 14:14, 20:8, 20:12

revision 131

# - 10:7, 10:9, 10:11

revisions 111

## - 10:15 revoke [I] 

## - 39:19 rights 111

# - 145 Room 111

# - 1:18 room [I] 

# - 30:16 route [I] 

# - 40:16 rules [I] 

# - 23:4 Rules [I] 

## - 235 run111

# - 21:9

2 

## REPORTERS sat [I] 

# - 33:6 saw [I] 

# - 29:25 schedule 111

# - 37:3 schedules 111 

## - 3312

second 1161

# - 4:6, 4:9,4:22, 517,518, 5119, 11:2, 11:3, 11:4, 1522, 1523, 16:1, 17:17, 19:1,21:12, 23: 15

Second 111

# - 4:7 section 151

# - 10:10, 158, 159,20:3, 30:6

Section IS] 

## - 12:3, 12:18, 13:9, 17:21, 28:24

see 1121

## - 7:1, 7:2, 7:18, 8:4,8:8, 16:8, 20:4, 26:7, 28:4, 32:9, 36:8, 36:16

seem 111

## - 17:20 send 111

## - 29: 17 sense 111

# - 33:ll sentence 1121

## - 10:10, 14:23, 159, 17:16, 17:17, 18:19, 20:19, 21:11,23:9, 254, 27:10,30:11

sentences 121

# - 17:11, 23:16

Service [I] 

# - 23:4 service 121 

## - 40:3, 40:22

services [I] 

## - 41:2 set[4]- 

### 19:11,20:1, 34:20, 38:14

Settlement111

# - 39:12

settlement 151

# - 38:17, 39:13, 39:14, 39:22, 39:24

several [I] 

# - 33:4 

# 1 shall [ill 

### - 

### 10:14, 10:18, 1512, 15:16, 18:20,24:13, 29:6, 30:8, 30:11, 31:25, 32:3

short [I] 

# - 34:15 shorthand 111

# - 42:8 Show 121

## - 7117 shown 111

# - 18:14 sick 111

# - 17:6 significant [I] 

## - 12:9 

### 1 single 121

# - 20:9, 

# 1 20:lO 

# 1 SIP 141

## - 10:7. 10:9.

## BOARD MEETING, 11/8/06

stick 121

## - 22:6, 22:9 still 141

# - 23:16, 26:16, 30:16, 34:24

stone 111

# - 36:25 stop 111

## - 10:3 stress 111

# - 38:11 stuck [I] 

## - 19:18 Subcommittee 131 

## - 3:17, 3:21, 4:l

subject[il- 12:17 submission [I] 

## - 13:2 submit 131

## - 10:8, 10:20, 1517

subparagraph131

# - 14:18, 14:23, 153

subsection 111

# - 155 Subsection111

# - 12:23

substance121

## - 10:23, 1520 substantial 121 

## - 9:18, 14:7

sufficient [I] 

## - 9:3 suggestion 121

## - 36:12, 37:4

supposed 111 

## - 23:7 sworn [I] 

# - 42:7



### I 

# 1 tab 121

## - 7:23, 8:7 taketh [I] 

# - 22:7 talks 

### [z] 

## - 17:17, 27:9 target 111

## - 17:8 Team 111 

## - 3:16 technical 121 

## - 21:21, 39:9

terms 121

# - 95, 1293 testimony 161

## - 13:25, 19:16, 21:22, 42:6, 42:8, 42:9

text 111 

## - 36:13 THE 121

# - 1:1,2:2 themselves 

### [z]

## - 29:14, 41:4

therefore [41- 9:23, 14:10, 33:9, 33:17 thinking [I] 

# - 28:23 thinks [I] 

## - 26:22 thousand [I] 

# - 37:l thousand-page(11 

# - 37:1

Three111 

## - 15:15 three 161 

## - 4125,513, 6:3, 6:7, 16:7, 29:15

tight 131 

# - 1939, 24:9, 3517

timely (21 

## - 12:21, 10:11, 10:15

SIP)[l]

# - 8119 sit [I] 

## - 33:2 situation121

## - 35:21, 37:7

six

# m 

# - 4:2, 14:22, 16:9, 16:12, 17:10, 21:4

small [i] 

## - 23:6 someone 131

# - 17:14, 17:19. 20:20

somewhere [I] 

# - 18:lO soon 111

# - 31 :24 sooner [I] 

## - 10:18 sorry 151

# - 139, 16:13, 172, 23:17, 32: 13

Sort [6]

# - 202, 23:6, 38:lO. 395, 40:7. 40:9

sound [I] 

# - 30:l sounds 121

## - 18:25, 22:7

sources (11

# - 1232 South(11

# - 3115 specific 121

# - 2238, 36:14

specifically 121

## - 7:6, 33:s

Spot [I] 

## - 7: 10 

### ss [I] 

## - 42:2 staff 171

# - 10:7, 11:19, 15117, 18:8, 20:7, 23:1, 39:6

Staff 111

## - 10:20 stage 13)

# - 18: 16, 24:3,38:22

standards 111- 12:7 Start 1111

## - 19:24, 22:1, 252, 2318, 265, 26:6, 31:1, 31:8, 32:11, 35:11, 3512

started 121 

### - 28:2, 30:21

starting 121 

## - 24:6, 26:10

Starts [z] 

## - 26:8, 30: 17

State [el

# - 6:9, 8:18, 10:19, 10:21, 10:22, 15:18, 15:19, 23:3

STATE [I] 

## - 42:1 statepi

# - 6:16, 9:11, 23:10

States 111

# - 9:7 stationary [I] 

## - 12:12 status [I] 

# - 156 18:13 together 111

# - 34:17 tonight (21 

## - 30:20, 41:6

top121 

# - 185,21.5 topic 121

## - 23:25, 37:22

tornado [I] 

# - 24:24 totally [I] 

## - 1911 Townsend [I] 

# - 42:4 track 111

# - 18:lO TRANSCRIPT 111

## - 1:11 transcript[lei

# - 2520, 28:7, 29:1, 29:7, 30:3, 30:8, 30:9 30:25, 31:10, 31:25, 32:1, 32:6, 33:7, 34:4 34:8, 34:12,42:7, 42:9

transcription[I] 

# - 41:21

transcripts[I 11

# - 31:24, 32:12, 32:23, 34:23, 3517, 3519, 3522, 3523, 36:1, 36:11, 36:17

transmission 111

## - 151 trial (11

## - 3420 trouble 19

# - 21:10, 25: 1 3

true [I] 

# - 42:9 try [z]

# - 178, 19:4 trying 151

# - 7:10, 21:15, 23:21, 3511, 36:8

TWO [2]

## - 612, 1518 two (121

# - 6:3, 154, 16:3, 17:11, 17:21, 17:22, 18:12, 21:4, 24:12, 26:7, 34:22, 37: 1

type111 

## - 38:18



# I Stay 121

# - 3813, 38:4 steps 111

# - 10:7 

### 1 I unanimously 131

# - 4:17, 11:14, 41119

unclear 111

# - 22:13 unconstitutional[2] 

# - 10:13, 15:ll

under [el

# - 4:22, 2517, 2522, 26:10, 28:18, 28:23, 39:12

understood1.1) 

## - 23:21, 31:15, 32:8, 33: 18

unfathomable(11

## - 25:23 unfortunately [I] 

## - 19:18

uniformly 111

# - 34:16 United 111 

## - 9:6



# , University[I] 

## - 41:l unless (31

## - 24:6, 27:11, 36:18

Unless [I] 

## - 18:25 UP171 

## - 17:7, 26:23, 27:1, 29:17, 3420, 355, 36:25

validity 121

# - 10:14, 15:13 Valley [I] 

# - 3:15 variance (11

# - 9:15 varies [I] 

## - 40:8 verbal [I] 

# - 29:24 version (41

# - 17:10, 18:1, 18:9, 28:19 View [I] 

# - 19:21 views 111

# - 13:3 Vincent (11

## - 8:22 volumes (11 

## - 29:15 Vulcan 131

# - 28:2, 28: 10, 33: 1

Wait [I] 

## - 37:23 waive (41

# - 18:22, 245, 24:15, 40:17

waived 121

# - 19:23, 34:16

waives 111

# - 24:7 waiving 111

## - 24:19 walk [l] 

## - 2013 wants 1.11 

## - 7.4, 251, 30:13, 3522

warrant [I] 

## - 9:20 week 131

## - 34:12, 354, 36:17

weekend 111

# - 3520 weeks 121

# - 34:22, 37: 1

weigh [I] 

## - 36:20 Wentworth (41

# - 3:6, 520, 7:13, 26:23

WENTWORTH 1141

## - 2:4, 4:13, 318, 523, 6:15, 7:15, 7:17, 7:20, 7:25, 8:2, 85, 8:9, 11:10, 41:15 Wentworth's [I] 

## - 20:25

2 

## REPORTERS Whereas [el

# - 8:20, 12:2, 12:9, 12:14, 12:23, 13:7, 13:15, 13:22 whereas 141 

# - 9:2, 9:11, 9:17, 14:6

whole 111 

## - 11 :22 willing 161 

## - 59, 23:20, 24:21, 24:22, 27:4, 27:13

wishes [I] 

# - 13:7 witnesses 131

# - 13:3, 42:6, 42: 10

wondering111- 38:18

Word(51-10:11, 15:10, 23:9, 24:14, 24:16

wording [el

# - 19:25, 21:14, 26:17, 26:18, 31:13, 31:14, 32:8, 33:19

words [I] 

## - 2339 works [I] 

# - 6:4 world [I] 

# - 26:25 written [s]

## - 22:14, 28:7, 29:1, 30:3, 30:25, 31:lO

years 111

# - 38:25

zero [I] 

## - 6:3 

## ! zoning 111

# - 39:4