State of New Mexico 

wice of the Governor 

Bill Richardson 

Governor 

February 2,2007 

Mr. Richard Greene, Regional Administrator 

U.S. Environmental Protection Agenq, Region 6 

1445 Ross 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 Checklist pursuant to 40 CFR 51 

2) 2006 Hearing record, including wanscripts and ehbits 

3) Comments received and response thereto 

4) The AQCB-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 of New 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 

Isreal Tavarez, Environmental Engineering Manager, Air Quality Division 

Fabian Macias, Operations Manager, 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 87 103 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 facilitate your 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 (hereafter "document") in final form. 

That evidence shall include the date of adoption or final issuance as well as the 

effective date of the plan, if different from the adoption/issuance date. 

__X__YES ___NO ___N/A 

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 (NMSRC) 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 enforceable by 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 on March 1, 2004. 

 The amendments to the current regulation were published on February 13, 2004 in 

the New Mexico Register, Volume XV, Issue 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 Quality Control 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 fees paid 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 is currently 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 Limited Maintenance 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 fees paid 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) increments and 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 be to 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 justification 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 the form required for transmittal of regulations to the 

State Records Center signed by AQCB Chairman Jens Deichmann. The 

date stamp at the top of the 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 Environmental Protection . 1 Albuauemue-Bemalillo Countv 1 Fees I 

I Section amendment to reduce hearing - 

'. 

a~~eal .. fee from $1000 to 1 I Sections 20.11.2 NMAC 

6 1 18 

1 

Please list attachments 

No X Yes and Internet site(s) if 

applicable 

- - 

Yes 0 Public domain 0 

Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance, 

Revised Ordinances of Albuquerque 1994 Section 9-5-1-4. 

Name: Jens Deichmann Check if delegated 

authority 0 

,;/,;/B 6 

D te Signed 
ATTACHMENT H 

Attachment H contains a copy of the amended regulation Jiled at the State Records 

Center on November 15, 2006, which became effective on December 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/Bernalillo county air quality control board regulations; and 

E. 20.1 1.2 NMAC 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. 

[20.11.2.6 NMAC - 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: Sources issued 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): $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; 

(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 $3 1 .OO per ton, whichever is greater; 

(f) gasoline service and fleet stations: $250 or $3 1 .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 additive per 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 1.2 NMAC 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) soillwater 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): 

(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-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; 

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: 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 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. 

20.11.2 NMAC 
[20.11.2.18 NMAC - Rp, 20 NMAC 1 1.02.11.2,7/1/2001; 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. 

20.1 1.2.6 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 1 1.02.1.6, 7/1/2001; A, 3/1/04; A, 1211 6/06] 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 1.2.13 NMAC, 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): $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; 

(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 $3 1 .OO per ton, whichever is greater; 

(0 gasoline service and fleet stations: $250 or $3 1.00 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 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: $1 50.00; 

(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 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 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 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 t~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 

WJ 

charged a filinn fee of [W 

$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 of the Hearing Exhibits for November 8, 2006 
RLB UQUERQUE-BERNALILLO COUNTY 

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 N MAC, 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 on AQD'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 TITLE 20 ENVIRONMENTAL PROTECTION 

AQb EXHIBIT ki

2 CHAPTER 11 ALBUQUERQUE/BERNALILLO COUNTY AIR QUALITY CONTROL BOARD 

PART 2 FEES 

20.11.2.1 ISSUING AGENCY: Albuquerque/Bernalillo County 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 20.11.42 NMAC; 

(2) any person required to obtain a permit pursuant to 20.11.41 NMAC; 

(3) any person with a valid registration or permit issued pursuant to 20.11.40 NMAC, 20.11.41 

NMAC, or 20.1 1.42 NMAC; 

(4) any person required to obtain a hgitive dust control permit pursuant to 20.11.20 NMAC, Fugitive 

Dust Control; 

(5) any person required to provide notification regarding removing regulated asbestos containing 

material pursuant to 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources; 

(6) any person requesting professional or administrative services or 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 Bernalillo county that are located on 

Indian lands over which the Albuquerque/Bernalillo county air quality control board lacks jurisdiction. 

C. Variance: Any person may request a timely variance from the requirements of 20.11.2 NMAC in 

accordance with Variance Procedures, 20.11.7 NMAC, if allowed by federal, state or local laws and regulations. 

[20.11.2.2 NMAC - Rp, 20 NMAC 11.02.1.2 & 20 NMAC 11.02.1.8,7/1/2001; A, 3/1/04] 

20.1 1.2.3 STATUTORY AUTHORITY: 20.1 1.2 NMAC 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 Control Board 

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 Section 9-5-14. 

[20.11.2.3 NMAC -Rp, 20 NMAC 11.02.1.3, 7/1/2001; A, 3/1/04] 

20.1 1.2.4 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 section or 

paragraph. 

[20.11.2.5 NMAC -Rp, 20 NMAC 11.02.1.5,7/1/2001 

20.1 1.2.6 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 cond~tions of any 

pennit issued by the department; and 

(3) a schedule of operating permit fees consistent with Section 502@)(3) of the Clean Air Act and the 

joint air quality control board ordinances. 

B. To establish reasonable fees to cover the 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 Wty Control Act, the joint air quality control 

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

20.1 1.2 NMAC 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 

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. 

[20.11.2.6 NMAC - Rp, 20 NMAC 11.02.1.6,7/1/2001; A, 3/1/04] 

20.11.2.7 DEFINITIONS: Throughout 20.11.2 NMAC, the terms defined shall have the following 

meanings. For the purpose of 20.11.2 NMAC, if there is any apparent conflict between the meaning of a definition 

in 20.11.2 NMAC and a definition in another pa* the definition in 20.11.2 NMAC shall prevail and apply. 

A. "Allowable emission rate" means the most stringent emission limit that has been established by a 

permit issued by the department or the source's potential-toemit. 

B. "Efficiency control factor" means a factor used in conjunction with a fugitive dust source 

classification to determine the annual fee per acre to be paid for a programmatic permit issued pursuant to 20.11.20 

NMAC. The four fugitive dust source classifications pertaining to programmatic permits are "no impact source", 

"low impact source", "moderate impact source" and "high impact source" which are defined in 20.1 1.2.7 NMAC. 

C. "Emissions unit" means any part or activity of a stationary or portable source that emits or has 

the potential to emit any fee pollutant. 

D. "Fee pollutant" means: 

(1) sulfur dioxide (SOX); 

(2) nitrogen dioxide based on total oxides of nitrogen (NOx); 

(3) carbon monoxide (CO); 

(4) particulate matter with an aerodynamic diameter less than or equal to 30 micrometers (TSP); 

(5) any volatile organic compound as defined in 40 CFR 5 1.100(s), as amended; 

(6) any hazardous air pollutant listed pursuant to 112@) of the federal Clean Air Act;] 

(7) any regulated substance listed pursuant to Section 112(r) of the federal Clean Air Act; and 

(8) any other pollutant determined by the board after public hearing. 

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

vent, or other functionally equivalent opening. 

F. "High impact source" means 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 a portion of a source, can 

reasonably be expected to reduce fugitive dust leaving the source by approximately 10 percent compared to the level 

of fugitive dust leaving the source that would be expected if no control strategy or strategies were in place. The 

department shall determine the classification of fugitive dust source as a high impact source based on professional 

judgment, sound technical information, or scientific evidence. The department shall provide a written explanation 

of the basis for making the determination of the classification if requested by the programmatic permit applicant. 

The purpose of classlfyrng a fugitive dust source as a high impact source is so the progammatic permit 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 calculating fees 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 expected to reduce fugitive dust leaving the source by approximately 90 percent compared to the level 

of fugitive dust leaving the source that would be expected if no control strategy or strategies were in place. The 

department shall determine the classification of fugitive dust source as a low impact source based on professional 

judgment, sound technical information, or scientific evidence. The department shall provide a written explanation 

of the basis for making the determination of the classification if requested by the programmatic permit applicant. 

The purpose of classlfylng a fugitive dust source as a low impact source is so the programmatic permit fees can be 

calculated for a programmatic permit issued pursuant to 20.11.20 NMAC. For a low impact source, the applicable 

efficiency control factor for calculating fees shall be 0.1. 

H. "Major source" shall have the meaning defined in 40 CFR 7 1.2. 

I. "Moderate impact sourcen means 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 a portion of a 

source, can reasonably be expected to reduce fugitive dust leaving the source by approximately 50 percent compared 

to the level of fugitive dust leaving the source that would be expected if no control strategy or strategies were in 

place. The department shall determine the classification of fugitive dust source as a moderate impact source based 

on professional judgment, sound technical information, or scientific evidence. The department shall provide a 

written explanation of the basis for making the determination of the classification if requested by the programmatic 

permit applicant The purpose of classifying a 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 calculated for a programmatic permit issued pursuant to 20.11.20 NMAC. For a 

moderate impact source, the applicable efficiency control factor for calculating fees shall be 0.5. 

J. "No impact source" means 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 a pomon of a source, can 

reasonably be expected to reduce fugitive dust leaving the source by approximately 100 percent compared to the 

level of fugitive dust leaving the source that would be expected if no control strategy or strategies were in place. 

The department shall determine the classification of fugitive dust source as a no impact source based on professional 

judgmenf sound technical information, or scientific evidence. The department shall provide a written explanation 

of the basis for making the determination of the classification if requested by the programmatic permit applicant. 

Land that is classified as a no impact source is not required to obtain a programmatic pennit issued under 20.11.20 

NMAC and is not 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 

source to emit an air pollutant, including air pollution control equipment, restrictions on hours of operation or on the 

type or amount of material combusted, stored or processed, shall be treated as part of its design if integral to the 

process or the limitation is federally enforceable through 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 oxides of 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 air pollutants; and 

(4) a facility that is not a major source of hazardous air pollutants. 

M. "Regulated air pollutant" 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 pollutant that is subject to any standard established in Section 11 1 of the federal Act; 

(4) any Class I or I1 substance subject to any standard established in Title VI of the federal Act; or 

(5) any pollutant subject to a standards or requirements established in Section 112 of the federal Act, 

including: 

(a) any pollutant subject to requirements under Section 112Q) of the federal Act; and 

(b) any pollutant for which the requirements of Section 1 12(g)(2) of the federal Act have been 

met but only with respect to the individual source subject to the requirements. 

N. "State air toxic review" means a case-by-case permit application review of the potential 

emissions of 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 as defined in 20.11.41 NMAC. 

[20.11.2.7 NMAC - Rp, 20 NMAC 11.02.1.7,7/1/2001; A, 3/1/04] 

20.11.2.8 SAVZNGS CLAUSE: Any amendment to 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 regulation wording shall be 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 1.2 NMAC. 

[20.11.2.9 NMAC -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 Civic plaza NW, 3rd Floor, Room 3023,-Albuquerque, NM 

87102. 

120.11.2.10 NMAC - Rp, 20 NMAC 11.02.1.1 1, 7/1/2001; A, 3/1/04] 

- 20.11.2 NMAC 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 governmental agency, 

who files an application pursuant to 20.11.41 NMAC, for an initial air quality application review and authority to 

proceed with construction or any person requesting to modify an existing air quality permit shall pay the permit fee 

required by 20.11.2 NMAC. 

K Any new or existing stationary source that meets the applicability requirements of 20.11.2 NMAC 

shall pay an annual emission fee based on the source's potential-toemit. Sources wishing to reduce their potentialto-emit may do so at any time through the provisions of 20.11.41 NMAC. 

C. At the time of submittal, any person filing an application for a fugitive dust control permit with the 

department pursuant to 20.1 1.20 NMAC, Fugitive Dust Control, shall pay the applicable fee required by 20.1 1.2 

NMAC. 

D. At the time of notification, any person notifying the department pursuant to 20.11.64 NMAC, 

Emission Standards for Hazardous Air Pollutants for Stationary Source, of the removal of regulated asbestos 

containing material shall pay the applicable fee required by 20.1 1.2 NMAC. 

E. No application will be reviewed or permit issued unless the ownerloperator provides documentary 

proof satisfactory to the department that either all applicable fees have been paid as required by 20.1 1.2 NMAC, or 

the ownerloperator has been granted a variance in accordance with 20.1 1.7 NMAC, Variance Procedures. 

F. All permit 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 either be delivered in person to the 

environmental health department, finance section, 3rd floor, room 3023, Albuquerque/Bernalillo county government 

center (city hall), One Civic Plaza NW, Albuquerque, NM, or mailed to Atln: Finance Section, Environmental 

Health Department, P.O. Box 1293, Albuquerque, NM 87103. The finance section then shall send a receipt to the 

applicant. The applicant shall attach a copy of the 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 emission fee pursuant to 20.1 1.2 NMAC shall be in 

compliance with their permit unless all applicable fees are paid as required by 20.11.2 NMAC. 

H. No fee required by 20.11.2 NMAC shall be refunded without the written approval of the director. 

When determining the amount of the refund, the director may deduct a reasonable professional service fee to cover 

the costs of staff time involved in processing a permit or request. 

[20.11.2.11 NMAC -N, 7/1/2001; A, 3/1/04] 

20.11.2.12 20.11.41 NMAC, AIR QUALITY PERMIT FEES; FEE CALCULATIONS AND 

PROCEDURES 

A. Air quality permits for minor and area sources: sources applying for an air @ty permit 

pursuant to 20.11.41 NMAC, shall pay the applicable fee found in Section 20.11.2.18 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 on the proposed 

source's potential-toemit fee pollutants. Federally approved state implementation plan limitations may be used to 

determine a source's potential-to-emit 

(2) Fugitive emissions shall be included in the source's potential-to-emit. 

(3) Emissions from operations determined by the department to be insignificant activities shall not be 

included in the calculation 

(4) For each fee pollutant, calculate the potential-to-emit for each proposed emission unit to the 

nearest tenth of a ton. Total each of the 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 less than 5, the whole 

number remains unchanged. If the number after the decimal point is 5 or greater, the whole number shall be 

rounded up to next whole number. 

(5) The application review fee shall be determined by comparing the source's calculated potential-toemit for the single highest fee pollutant in tons per year with the fee schedule found in Section 20.1 1.2.18 NMAC. 

(6) In addition to the application review fees, a source proposing to construct any emission unit 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 1.62 NMAC, Acid Ram, 20.11.63 NMAC, New Source 

Performance Standards for Stationary Sources, or 20.1 1.64 NMAC, Emission Standards for Hazardous Air 

Pollutants for Stationary Sources, also shall pay the applicable federal program review fees listed in Section 

20.1 1.2.18 NMAC. 

20.11.2 NMAC PUBLIC REVIEW DRAFT 9/23/06 
(7) Example: A company proposes to build a facility with a NSPS boiler with a potential-tosmit of 

greater than 100 tons per year of NOx. From the fee schedule found in Section 20.1 1.2.18 NMAC, the company 

will be required to pay an initial air quality review fee of $5,000.00 with an addition federal program review fee of 

$1,000.00 for the NSPS boiler, for a total fee of $6,000.00. The review fee shall be 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 submitting an application for the removal of regulated asbestos containing material 

pursuant to 20.11.64 NMAC shall comply with the provisions of 20.1 1.2.14 NMAC. 

C. Permit modifications: 

(1) At the time of application, any source proposing to mom an existing air quality permit shall pay 

the applicable fee found in Section 20.1 1.2.18 NMAC. 

(2) Any proposed modifications to 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 Significant Deterioration, 

20.11.62 NMAC, Acid Rim, 20.11.63 NMAC, New Source Performance Standards for Stationary Sources, or 

20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, also requires the 

applicant to pay the applicable federal program review fee, but only with respect to the individual emission unit 

subject to the requirement. 

D. Qualified small businesses shall pay one-half of the calculated case-by-case air quality review fees 

prior to adding any federal program review or state toxic review fees. 

[20.11.2.12 NMAC - 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 1 of each year, the department shall send each owner/operator a letter stating the fee 

amount owed. The ownerloperator has 45 days fiom receipt of the letter to contact the department to request a 

correction to the records or submit a complete application within.45 days of receipt of the letter to mom an 

existing permit reducing the source's allowable emission rate. 

B. Starting August 1 of each year, each ownerloperator shall be sent an official invoice by the city of 

Albuquerque stating the annual emission fee due, which the ownerloperator shall pay consistent with the directions 

stated in the invoice. If the department does not send the owner/operator an annual letter or invoice stating the 

annual emission fee that is due, the ownerloperator is not authorized to continue operating the source without having 

first paid the applicable annual emission fee. 

C. As required by 74-2-16 NMSA, all monies received pursuant to Section 20.1 1.2.13 NMAC shall 

be deposited in the city of Albuquerque, pennits program (Fund 242). 

D. Calculating annual emission fees: 

(1) For each source, the potential-to-emit for each fee pollutant shall be totaled and expressed in tons 

per calendar year as a whole number. When rounding, if the number after the decimal point is less than five, the 

whole number remains unchanged. If the number after the decimal point is five or greater, the whole number shall 

be rounded up to next whole number. 

(2) The sum of each fee pollutant shall be multiplied by the appropriate annual emission fee listed in 

Section 20.11.2.18 NMAC then totaled, to determine the annual emission fee due. 

(3) The source shall pay either the minimum annual emission fee or the calculated emission fee 

whichever is greater. 

E. Sources wishing to reduce their potential-to-emit may apply for a permit or mow their existing 

permit consistent with the provisions of 20.11.41 NMAC. 

[20.11.2.13 NMAC -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 REGULATED ASBESTOS 

CONTAINING MATE- FEE CALCULATIONS AND PROCEDURES 

A. At the time of notification, a filing and inspection fee shall be paid by the ownerloperator 

removing regulated asbestos containing material pursuant to 20.1 1.64 NMAC, Emission Standards for Hazardous 

Air Pollutants for Stationary Sources, and the federal regulations incorporated therein. 

B. The filing and inspection fee shall be calculated by multiplying the asbestos unit (AU) by the 

applicable fee in 20.11.2.18 NMAC. Equation 1 shall be used to calculate the total asbestos units (AU) and amount 

due: 

(1) Total Due = [(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 containing material to be removed; CF = cubic feet of asbestos containing material to be removed; and AU 

= asbestos unit 

(3) Example: A contractor proposes 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 Section 20.11.2.18 

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 contractor must pay $105.00 at the time of notitication. 

C. All fees due pursuant to Section 20.11.2.14 NMAC shall be paid in accordance with the 

procedures found in Subsections D, E and F of 20.11.2.11 NMAC. 

[20.11.2.14 NMAC - 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 CALCULATIONS AND 

PROCEDURES 

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

total fee due at the time the permit application is submitted to the department 

B. The filing and review fee for a non-programmatic fugitive dust control permit: 

(1) for projects that are less than 2 acres is $250.00; 

(2) for projects that are at least 2 acres but less than 5 acres is $350.00; 

(3) for projects that are at least 5 acres but less than 15 acres is $450.00; 

(4) for projects that are at least 15 acres or more is $550.00. 

C. To calculate the non-programmatic dust control permit inspection fee, which is in addition to the 

above non-programmatic permit filing and review fee, multiply the acreage on which active operations or 

disturbance will occur by $100.00 per acre. The number of acres must be expressed as a whole number. When 

rounding, if the number after the decimal point is less than five, the whole number remains unchanged. Ifthe 

number after the decimal point is five or greater, the whole number shall be rounded up to the next whole number. 

Rounding of acres shall occur before the fees are calculated. 

D. To calculate the programmatic fugitive dust control permit fee, multiply the acreage upon which 

routine maintenance or routine ongoing active operations will occur by the applicable emission control factor for a 

low impact source, moderate impact source, or high impact source as defined in Section 20.1 1.2.7 NMAC and then 

multiply by $1 10.00. The air quality division (division) has a "source classification guidebook that includes 

nonbinding examples of how to class* a no impact source, low impact source, a moderate impact source, and a 

high impact source. The number of acres must be expressed as a whole number. When rounding, if the number 

after the decimal point is less than five, the whole number remains unchanged. If the number after the decimal point 

is five or greater, the whole number shall be rounded up to the next whole number. Rounding of acres shall occur 

before the fees are calculated using the applicable emission control factor in Section 20.11.2.7 NMAC. No filing 

and review fee is required for a programmatic permit The total programmatic permit 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 combined fee shall 

not exceed $10,000.00. 

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

F. Example: the application for a programmatic permit includes a total of 20 acres, of which 2 acres 

are no impact source acres, 8 acres are low impact source acres, 5 acres are moderate impact source acres, and 5 

acres are high impact source acres. To calculate the programmatic permit fee: 2 no impact source acres 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 

$1 10.00 per acre = a total programmatic permit fee of $858.00. 

G. The division will begin work on the programmatic permit program immediately after the adoption 

of 20.11.20 NMAC, Fees. All applicants shall obtain a programmatic permit by July 1,2004, which is the date upon 

which all programmatic permits shall become effective during the first annual permit cycle. After June 30,2005, the 

term of each programmatic permit will be from July 1 through the following June 30, and annual programmatic 

permit fees shall be paid for each annual term. When a progammatic permit application is submitted, the applicant 

may either ask the division to determine the fee to be paid by the applicant or the applicant may submit a proposed 

20.1 1.2 NMAC PUBLIC REVIEW DRAFT 9/23/06 6 
fee calculation No later than eight working days after the division has received the programmatic permit 

application and the proposed fee calculation, the division shall not@ the applicant in writing of the total fees due. 

The applicant and the department may agree in writing to extend the deadline for the department to issue the 

programmatic permit in order to attempt to resolve any pending issues, including any dispute over the source 

classification or fee calculation. The total fees due must be paid to the department before the department will issue a 

programmatic permit. A permit applicant may challenge the department's determination of source classification or 

fee calculation for a fugitive dust control pennit by following the procedures established by Section 20.11.20.25 

NMAC. 

H. All fees due pursuant to Section 20.11.2.15 NMAC shall be paid in accordance with the 

procedures found in Subsections C, E, and F of Section 20.1 1.2.11 NMAC. 

[20.11.2.15 NMAC - N, 7/1/2001; A, 3/1/04] 

20.11.2.16 FEE ERRORS, CORRECTIONS AND REFUNDS 

A. For permits other than fugitive dust control permits, within 30 days of receiving an invoice from 

the city, any person who does not agree with the amount due may request a review by the director to 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 must pay the required fee, and then request a 

review within 30 days of payment 

C. All written requests for review shall be sent to: Division Manager, Air Quality Division, 

Environmental Health Department, Air Quality Division, 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 dollar amount of the alleged error; and 

(3) a description of the alleged error and any other information the payor believes may support the 

claim 

E. Within 30 days of receiving the request for review, the director shall audit the account and, either: 

(1) amend the invoice or bill and refund any money due the payor; or 

(2) state the invoice or bill is correct. 

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

G. Within 10 working days of the director's decision concerning the review, the decision shall be sent 

by certified mail to address provided by the payor. 

H. If a refund is due, the department shall rehd any money due consistent with 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 1.2 NMAC, a 

director's decision, or a board regulation. 

B. Stating an invoice is in error shall not be a defense to violation of Section 20.11.2.17 NMAC. 

C. In addition to paying past due fees, the payor shall pay a penalty of 50 percent of the fee amount, 

plus interest on the fee amount computed in accordance with the section of the Internal Revenue Code relating to 

computation of interest on underpayment of federal 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 emission fees: Sources issued a registration or permit 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 20.11.2.13 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 1.00 per 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 1.2 NMAC PUBLIC REVIEW DRAFT 9/23/06 
(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 $31.00 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 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 and/or water remediation operations: $150.00; and 

) stationary sources with de rninimis 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) 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): 

(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 6 1 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-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 relocation fee: $250.00: 

G. Administrative modifications to existing permit: $100.00: 

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

L Administrative fees: 

(I) Professio~lal services fee: $75.00 per staff hour. 

(2) Photocopying and other copies of public records: as pro~ided by the New Mexico Inspection of 

Public Records Act and by the applicable city of Albuq~ierque ordinance and admnhistrati\-e instniction ~iumnber 1-7 

(3) Regulation compilation: $20.00: and 

(4) Public records research fee: $50.00 per staff ho~u. However. the charge for copying public 

records shall not include a separate charge for staff time for locati~ig and copying the documents. 

J. Variance request fees: a11y person \vho petitions for a variance sllall pay a fee of $1.500.00. 

unless the fee is determined by th board at a hearing to unpose an undue 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. or the 

departulent's determination of a source classificatio~l or fee calculatio~~ for a fugitive dust co~ltrol permit shall be 

cl~arged afee of [[ 

[I $125.00. 

[20.11.2.18 NMAC -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 fro111 that previously filed with the co~lunissio~~ of public records - state records 

center and archives under: 

Resolution I. Air Pollution Colltrol Regr~latio~~s of the Albuquierq~ie/Benulillo County Air Qualit\. Control Board. 

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; 

Regrilation No. 21. Pennit Fees. filed 8-19-83: 

Regrilation No. 21. Permit Fees. filed 3-01-94: 

Regrilation No. 2 1. Pennit Fees. filed 12-16-94. 

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

Other history: Regulation No. 21, Permit Fees, filed 12-16-94 renumbered and reformatted to 20 NMAC 11.02, 

Permit Fees, filed 10-27-95; 

20 NMAC 11.02, Permit Fees, filed 10-27-95 replaced by 20.1 1.2 NMAC, Permit Fees, effective 7/1/2001. 

C 20.11.2 NMAC PUBLIC REVIEW DRAFT 9/23/06 9 

-- --"-- --- - 
F

AQb EXHIBIT 

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 in the 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: 

*Docketing fee. 

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 

De 
K. 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 COUNTY AIR QUALITY CONTROL BOARD 

NOTICE OF HEARING AND REGULAR MEETING 

On No~.ember 8. 2006. at 5: 15 PM. the Albuquerque-Ber~~alillo Counh Air Qualih Control Board (Air Board) \\-ill hold a public - Ilearing in the Vincent E. Griego Chambers in the basenlellt level of the Albuq~ierque-Ber~dillo County Go\-ermlent Center. 400 

Marqtiette A\.enue NW. 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 into the New Mexico State I~llplemnentation Plan for air qualih- (SIP). as 

.- described beloll-. 

The proposed changes to the Fees regulation will 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 

20.11.2.18 NMAC. Board Henrirlg Fees. 11-luch currently requires that: "An!. person \\-I10 requests a hearing before the board to 

challenge the issuance of 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 an undue economic 

burden on the petitioner." The proposed anlendnlents \1011ld reduce tlus (filing) fee fro111 $1000.00 to $125.00. The proposed 

anlendnlents to Subsection K of 20.11.2.18 NMAC would also repeal the langtiage that currentl!- allo\\-s for a n-ai\.er of tlus (filing) - fee if the Board deter~nined that i~nposing this fee would be -'an undue econolnic burden". Further clarification \\-ill be 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 adopting these proposed an~endnlents to 20.11.2 NMAC. Fees. and to incorporate any ne\~l!.-adopted anlendnlents to 

20.1 1.2 NMAC 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 air pollution 

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 opportunity to 

subnlit rele\.ant e~idence. data. vie~~s. and arguments. orally or in writing. to introduce exhibits and to examine ~vitnesses in L-, accordance \\-it11 the Joint Air Qualih Control Board 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\.enlber Hearing Record. Mr. Neal Butt. Albuquerqtie Ern.iroluuenta1 Health Department. P.O. Box 

1293. Albuqtierq~ie. NM 87103. or in person in Roo111 3023. 400 Marq~iette A\-enue NW. The Notice Of Intent sl~all identifj- the 

name. address. and affiliation of the person. - 

In addition. ~vritten collunents to be incorporated into the public record should be recei~.ed at the aboj-e P.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-idual or orga~uzatio~l subnutting the statement. Written conuuents map also be subnutted electronically to 

nbuttii:caba.no~- and should include the reqnired name. address and affiliation of the indi~.idual or organization slib~nitting the 

statement. Interested persons 11uy obtain 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 \\-ill be made available to you to review an!- public meeting documnents. including agendas 

and ~lunutes. TTY users call the New Mesico Reba!- at 1-800-659-8331 and special assistance \\ill be made a\-ailable to you to 
review any public meeting documents, including agendas 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 

tcalla ha@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 

sglassaca bq.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@l 000friends-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.com 


Monday. 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-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD 

On November 8,2006, at 5: 15 PM, the Albuquerque-Bernalillo County Air Quality Control Board (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 1.2 NMAC, Fees, and to incorporate any newly-adopted amendments to 20.1 1.2 NMAC 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: 

Amendments to 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, Board Hearing Fees, which currently requires that: "Any person who requests 

a hearing before 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 control permit shall be charged a fee of $1,000.00, unless the $ 1000.00 fee for the hearing process 

is determined by the board at a hearing to impose an undue economic burden on the petitioner." The proposed 

amendments would reduce this (filing) fee from $1000.00 to $125.00. The proposed amendments to Subsection K 

of 20.1 1.2.18 NMAC would also repeal the language that currently allows for a waiver of this (filing) fee if the 

Board determined that imposing this fee would be "an undue economic burden". Further clarification will be 

achieved through a proposal to change the term "fee", to the more accurate term "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 adopting these proposed amendments to 20.1 1.2 NMAC, Fees, and to incorporate any newlyadopted amendments to 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 Bernalillo County 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 1994 and Bernalillo County Ordinance 94-5, Section 6. 

Anyone intending to present technical testimony is asked to submit a written Notice Of Intent (NOI) before 5:00 pm 

on Wednesday November 1,2006 to: Attn: November Hearing Record, 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 affiliation of the person. 

In addition. n~itten conunents to be incorporated into the public record should be received at the above P.O. Box. or 

En\-ircmnental Health Depnrhnent oftice. before 5:00 pm on Novelnber 1.2006. These conunents should include 

the name. address and aftiliiatio of the indi\.idual or 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 individual or organization submittinethe statement. Interested persons may obtain a cop>- of the proposed 

regulation at the En\-iromnental Health Department 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 assistance will be made available to you to review any public meeting 

documents, including agendas and minutes. TTY users call the New Mexico Relay at 1-800-659-833 1 and special 

assistance will be made available to you to review any public meeting documents, including agendas and minutes. 
Albuquerque-Bernalillo County 

Air Quality Control Board 

Dr. Matthew Camven, PhD - City, Mike Minturn - 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 Proposal to 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 CALL TO 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. 11,2006 Meeting 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 Cleaning MACT (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 Quality Team - Report on findings and results. 

By-Laws Committee update. 

OTHER BUSINESS 

Item #7 Reminder given to the Board of upcoming hearings: i 

Proposed amendments to 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 of Mountain 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, challenging the issuance of Authority-to-Construct Permit No. 1758 to Vulcan 

Materials Co. on December 13,2006 at 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 Contol Boa¡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 a perntt pursuant to 20. 11.4r ¡wec;

-gl mylTgn witb a valid rcgisfation ot per-it issue.d pursumt to 20,11.40 NMA c, 2o.tt.4l NMAC, or2O.Il.42NMAC;

(4) aty Dçrson Îçquircd to obtain a fugifivç dust mnûol permit 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 ror lãzæeðus Air poúr*ints ior sauonary Sourccs;

\91 any person tequesting pofessional or a4minisftative serviæs or copiur of puUUs rçcords; and Ø any persol yho requests avariance or a hca¡ingbefore thc bqæd- B' srempü 20.11-2NN4AC does not apply to sorise,ç øt¡in nËrnãiuo county tbaf are locatcd on Indian lands over wbich thc Albuquerque/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 with Variancc hsççdurçs, 20.11.7 NMA€, ir¿flowert by ferterar, *otc ôi r*ur iaws anc rceultrioqs. 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 to thç autho¡ity provided in thcNew Mçxico Air Quality Açt, NMSA 1978 Sections 74-24,1+i-i;tüc ¡oïnt ¡¡. arrüty ðonuol Board O¡dinancæ, Bemalillo County Ordinance 94-5 $cctions ¡an¿ +; and tUe.Joid Air A¡aüty Cdntof Foard enlinancç, Revised ordiuanæs of Albuquerque 1994 section 9-5-l-3 aø-se.ctiofg-5.14.

[20.11.2.3 NMAC -Rp,20 NMAC 11.02.r.3, 7nt200r; +itito+l

STAFF PROPOSTIT FLOOR AMENDMENT

ÏTTLE 20 DNWRONMENTALFROTTçTION

20,112.4 DURATION: Pcrmansrt

120.7I.2.4 - Rp, 20 NMAC I 1.02.L4, 7ßtã}}tl

20"!I,2'S EXTECÏTVE DATE; Juty t, 2001, tml€ss a later date is cihd atthe end of a sç,etion or pamgrapL

[20.11.2.s NMAC -Rp. 20 NMAC il.O2.r.s. 7tr/200t

20.1t2"6 OBJECTIVE:

a To implemenr fhe reEriremerrts 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 to çor-er the cost of imprementing a¡rd enforcing trrc ternu and conditions of a'1. permit issued b¡-the departruelt ancl

(3 ) a sclredule.of operating permit fees oousistçnt nith sestion 502(bX3) of the Clea[ Ai¡ Act alrd the joim air r¡ualifi sontrol board ordinances. 

-

B' To establishreasdmble fees to ty*ry *rgf t¡¡: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. To inrpleürrcrrt the requiremzuts of Section 507 of tlre fedcrnl Clean Air Act b¡- establishi¡1g adequate fuudilgfor a s¡altbusi¡ress stationa[-source tecbnical a¡rd en¡ironrnzutal.oorptianre assishuce progrilr: D. To establish reasonablç fees to ço\-ef t$e adnriqis6atire çrperses incur;e¿ bl: gre deparüuent i' iuplemeuiug alrd e[forcing the prorisions of the Nen-Mexico Air a"aüF i;"t"Iãrt ¡i.¡oi* oi, quuri[. çoffrol board ordinances. and tlre AlbuqrrerçrelBer¡alillo counb'air quâliÐ-ìoilrol UoarO regufaùãi": anO

EXHIBJT

?

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

Attachment K contains a copy of the Hearing Transcripts for November 8, 2006 
L ( 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 MARIA DOMINGUEZ, 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-BERNALILLO COUNTY 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 

1 Civic plaza 

10 ~l buquerque, New ~exico 87102 

- 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 nl buquerque'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 in AQD 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 in AQD 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. 

In addition, 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 in AQD 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, 1 through 7 and 9 into the record, 

and I stand for questions. 

MS. DOMINGUEZ: At this point, I will admit 

the proposed Exhibits 1 through 9. They are admitted. 

(AQD Exhibit 1 through 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 in the 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: ~t is 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? 

~t this 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 REPORTERS 
after 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 is just 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 REPORTERS 
14 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 ifthe city Air Quality ~ivision wants to 

NOTARY PUBLIC 

CCR License Number: 23 

Expi res : 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 in their 

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. 

2 1 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 

2 1 

22 

2 3 

( 2 presentation from the city at this point? I 

2 5 ~obody else has signed up from the public. 

18 

1 Are there any -- is there any other 

1 MR. BUlT: NO. I 

2 5 

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.) 

2 5 

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 

changed 111 - 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] - 1 5: 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. 

11 112, 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, 103 10:5, 

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 

BERNALILLO p] - 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, 1311 1, 

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, 

31 St [I] - 7:11 

6:9, 9:6 8:24 

administrative 161 - applied [21 - 11 120, 

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 

admitted A - 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, 11 16, 

22 [z] - 8:21, 9.1 1 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 

7 Division's [I] - 9: 19 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 

DOMINGUU 1141 - 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 

embarrassment 111 - 

17:20 

employed [z] - 19:11, 19:14 

employee [I] - 19:13 

endorsement [I] - 7:11 

enforce 121 - 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 

Environmental 121 - 

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] - 6.1 5 

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 

Health 121 - 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: 1 1, 

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 

KATHY TOWNSEND COURT REPORTERS 

505-243-501 8 

9:11 / 9:22, 11:3 

NMAC 151 - 1 :4, 313, I partially 161 - 8:10, 

6:3, 6:7, 6:15 13:8, 13:15, 14:2, 

Nobody AI - 17:25 14:s. 16:13 

processing [I] - 8: 11 

program [I] - 15:ll 

prompted [I] - 7:20 

promulgated [I] - 6:s 

PROPOSAL 111 - 1 :4 

proposal [I] - 5:13 

propose [I] - 7:21 

Proposed [I] - 3:15 

proposed [9] - 5:2, 

6:2, 8:10, 9:10, 9:12, 

9:25, 10:7, 10:13, 

11:7 

proposes [I] - 9:8 

proposing [I] - 8:19 

proscribed [I] - 6:6 

provide [I] - 9:7 

PUBLIC [I] - 19:18 

public [13] - 4:9, 

4:13,4:14, 4:22, 5:11, 

95, 9:12, 10:5, 12:18, 

12:20, 13:10, 16:25, 

17:25 

Public [z] - 3:3, 3:14 

published [I] - 9:22 

purpose [I] - 5:l 

pushing 111 - 15:8 

V. I L 

PROCEEDINGS [I] - 1:lO 

process 111 - 6:23 

QUALITY 121 - 1 : 1, 

2:2 

quality [I] - 5:22 

Quality 171 - 1 :17, 

4:23, 5:24, 9:16, 9:18, 

13:23, 17:13 

quarter 121 - 15:l 6, 

15:22 

questioned p] - 

518, 13:3. 17:s 

Questions [I] - 2:15 

questions [lo] - 4115, 10:11, 10:16, 

11:14, 12:15, 12:17, 

12:20, 16:6, 17:24, 

18:4 

quote[z] - 6:11, 6.16 

rationale [I] - 8:3 

realistic 121 - 8:5, 

16:5 

reason [I] - 12:3 

reasonable [4] - 6111, 13:8, 14:23, 

17:8 

reasons [I] - 8:18 
FEES HEARING, 1 118106 

1 

Santistevan [I] - 

7:lO 

Schedule [I] - 6:15 

scheduled [I] - 4:12 

seat [I] - 145 

second 111 - 16:4 

Secondly (11 - 8:2 

Section 121 - 523, 

6:14 

see [I] - 17: 10 

send[i]- 11:11 

sense [I] - 14:24 

Sent [I] - 3:6 

sent 121 - 7:14, 9:16 

September 151 - 

7:12, 9:13, 9:17, 9:19, 

9:23 

set 131 - 4: 13, 13:25, 

1517 

shall 111 - 6:22 

share [I] - 6:4 

shorthand [I] - 19:8 

showing ti] - 9:12 

shown [a] - 8:20, 

9:l. 9:14, 9:17, 9:19, 

receive 111 - 7:25 

received 111- 10:4 

recent 141 - 8:2, 

10:25, 11:6, 11:8 

record 131 - 10:10, 

12:19, 19:9 

recorded 111 - 19:8 

recoup [I] - 8:8 

recover [I] - 16:13 

reduce [ZI - 8: 19, 

16:4 

reduced (11 - 7:24 

reducing (21 - 9:6, 

13:25 

refers 111 - 9:9 

refunded (I] - 8:15 

refusal [it - 6: 19 

regarding (11 - 5:2 

Region (11 - 7:16 

Register 121 - 3:11, 

9:25 

regularly 111 - 4:12 

regulation 171 - 6:2, 

6:6, 6:11, 7:1, 7:3, 

7:6, 7:21 

regulations [I] - 5:3 

related [4] - 6:13, 

8:4, 13:10, 19:ll 

relative [I] - 19: 13 

released (11 - 9:13 

relevancy (11 - 5:6 

REMEMBERED [I] - 

1:14 

reporter [I] - 5:9 

request 12) - 7: 1 1, 

7:14 

requested [z] - 7: 10, 

8:1 

9:23, lO:l, 10:2 

signrz] -5:10, 1l:lO 

signatures 111 - 

12:12 

signed [4] - 7:13, 

12:22, 16:25, 17:25 

SIP 191 - 7:16, 7:25, 

10:20, 10:22, 10:24, 

11:7, 11:8, 11:9, 12:4 

smack (I] - 13:14 

sneak 121 - 13:13, 

1511 

software [I] - 15:ll 

s~rry[l] - 17:2 

sound 111 - 158 

sounds 111 - 17:8 

requests 111 - 6:17 

restpi - 155, 15:14 

result111 - 14:16 

Review 111 - 3:3 

review [5] - 7:8, 7:16, 

7:22, 95, 9:12 

revision 121 - 7:14, 

7:25 

revisions 111 - 11:ll 

Richardson (11 - 

7:13 

room [I] - 5:10 

rule[l] - 9:25 1 rule-making 111 - 

I gfied[i]-8:15 

rules [I] - 5:5 

run [I] - 156 

stating [I] - 16:12 

stay 111 - 1523 

step 121 - 12:4, 12:13 

stone [I] - 1517 

stood 111 - 1411 7 

Strategies [I] - 523 

strike 111 - 9:8 

structure 111 - 6:6 

submittal [I] - 7:8 

Submitted [I] - 3:14 

Subsection [2] - 53, 

6:15 

subsection [I] - 9:2 

subsequent [I] - 7:8 

support [ZI - 13:25, 

17:ll 

supporting [3] - 7:7. 

17:17, 17:21 

supposed 111 - 13:lO 

swear 111 - 5:9 

sworn 151 - 57, 517, 

13:2, 17:4, 19:7 

1 

table(i1-4:16 

terms 111 - 6:18 

source [I] - 6:21 

specific [I] - 16:7 

specifically [I] - 5:3 

SS [ij - 1912 

staff 111 - 7:23 

Staff 111 - 3:15 

stand [I] - 10:ll 

standardized [I] - 17:lO 

start [I] -4:4 

State 111 - 7:15 

STATE [I] -191 

statement [I] - 8:25 

statements [I] - 151 

states [I] - 6:16 

testified p] - 5:18, 

13:3, 175 

Testimony 131 - 2: 14, 

2:17, 2:19 

TESTIMONY (31 - 5:19, 13:4, 17:6 

testimony [s] - 55, 

5:7, 19:6, 19:8, 19:9 

THEIS]-l:l, 1:3, 

2:2,2:7 

Therefore 111 - 8:8 

they've[i] - 1525 

third [I] - 8: 13 

thousand (61 - 1 1 : 19, 

12:4, 13:14, 1515, 

1523, 16:l 

thousands [z] - 15:6 

three121 - 7:19, 8:14 

titled [I] - 9:3 

TO (11 - 1:4 

today 111 - 7:19 

tonight [I] - 10:6 

tonight's 131 - 9:21, 

10:2, 11:9 

Townsend (11 - 19:4 

TRANSCRIPT [I] - 

1:lO 

transcript 121 - 19:7, 

19:9 

transmittal [I] - 7:14 

true[i] - 19:9 

trying [I] - 8:8 

turn [I] - 4:17 

two [I] - 6:9 

under 151 - 5: 17, 

10:5, 1312, 16:11, 

17:4 

undue PI - 6:24, 

8:16, 9:9 

unless [3] - 6:23, 

10:6, 1517 

UP[8]-5:10, 1116, 

12:22, 13:13, 16:25, 

17:2, 17:19, 17:25 

variance [31- 6: 12, 

14:19, 1516 

VI [I] - 7:16 

Vincent [I] - 1:17 

Vulcan [I] - 8:7 

waiver [3] - 9:7, 9:10, 

11:21 

wants[i] - 17:13 

Website 111 - 3:8 

website [1] - 9:19 

Wednesday 111 - 

4: 24 

welcome [2] - 4:3, 

4:7 

WENTWORTH [I] -2:4 

wide [I] - 14:l 

witnesses 131 - 59, 

19:6, 19:lO 

workshop [I] - 14:13 

1 xeroxing 111 - 15:3 

L 

JNSEND COURT REPORTERS 

505-243-501 8 

zoning 111 - 13:18 
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, 1 civic plaza, 400 

19 MarqUette, ~orthwest, Albuquerque, New Mexico, at the 

20 hour of 5:SO PM. 

2 5 

2 

1 APPEARANCES 

2 FOR ME ALBUQUERQUE-BERNALILLO COUNTY 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 

Subcommi ttee. 

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 unanimous1 y. 

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 ~t the 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 -- is there 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: 1'1 1 second. 

MR. DEICHMANN: There is a second by Member 

wentworth. 

~ll in favor 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 

in what 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 in the 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 in the 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-Bernalillo County 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, 1 1/8/06 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 

chall enges to Department decisions regarding permit 

applications and other matters, if the applicable Air 

Board regulation establishes the Board's adjudi catory 

procedural regulation applies. 

whereas, on October llth, 2006, the Air Board 

held a public hearing in the city council/County 

Commission chambers in the basement level of the 

~lbuquerque-~ernal i 110 county Government Center, One 

Civic plaza, Northwest, in Albuquerque, 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 is the 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 in AQD 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: ~t should 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 I read 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 if I'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. 

I really 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, actual 1 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 I read 

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 in their 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 Ithink that first sentence 

also only refers to an extension of time for filing a 

document. ~t doesn'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: ~t is 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 in the 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 in the 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, 1 1/8/06 

3 1 

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. 

2 3 ~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 

3 2 

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 -- 2 5 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 1 don'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 in which the court reporter has been asked 

to really hurry transcripts, because there were tight 

time lines and everyone wanted to look at the 

transcripts. 1 think 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 if we 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 in here, 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 ~t often 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 extreme1 y 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 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. 

NOTARY PUBLIC 

CCR License Number: 23 

Expi res : 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 

1 p] - 1:18, 7:19, 

7:20, 7:22, 7:24, 10:1, 

14:12 

lOH1106 [I] - 20:8 

1Oth[1]- 1:18 

11 1111 - 14:15, 

17:10, 17:24, 18:1, 

18:4, 18:5, 20:8, 

20:12, 21:3, 28:19, 

29:5 

11.1 121 - 19:8, 20113 

llth[6]-4119, 

13:15, 13:25, 14:6, 

14:13, 15:16 

12~1- 39111 

12131106 [I] - 42:19 

1978 [4] - 1213, 

12:18, 12:23, 13:9 

55 [I] - 39: 12 

56 121 - 22123, 23:8 

550 [I] - 1 :20 

74-2-5.B(1 [I] - 12:3 

74-2-7 111 - 13:9 

74-2-7.H 12) - 12:18, 

12:24 

abate 12) - 9:21, 12:8 

abating [I] - 12:lO 

ability [I] - 36:lO 

Abstention [I] - 6:l 

abstentions [2] - 6:2, 

6:4 

accept [z] - 5:9, 

27: 13 

accessible [I] - 40:2 

act 116) - 18:21, 

18:23, 19:15, 20:1, 

22:6, 22:10, 22:19, 

22:20, 23:7, 23:10, 

24:15, 25:11, 25:18, 

26:10, 39:15, 39:22 

Act 114) - 9.1, 9:2, 

9:7, 9:8, 12:6, 12:18, 

12:23, 13:21, 14:2, 

19:12, 22:19, 22:23, 

22:24, 23:lO 

acting [I] - 9:4 

Action (21 - 4:23, 6:6 

action 151 - 11 :15, 

12:19, 12:21,42:12, 

42: 15 

actions [I] - 9:21 

add [6] - 7:4, 14:17, 

14:22, 15:4. 23:19, 

28:24 

additional 131 - 14:3, 

14:15, 39:9 

additions [I] - 3:10 

addressed [I] - 4:25 

Adelia [I] - 19:5 

Adjudicatory pi - 

11:16, 11:25, 20:23 

adjudicatory [12] - 12:22, 13:1, 133, 

13:10, 13:13, 13:23, 

14:4, 14:9, 21:15, 

26:4, 28:12, 28:21 

administering 111 - 

9:16 

administrative [I] - 

9:15 

admitted 141 - 10:2, 

10:4, 13:25, 14:13 

adopt PI - 4:24. 

6:17, 8:16, 11:24, 

12:5. 13:7, 143 

adopted 161 - 10: 12, 

10:15, 10:18, 10:24, 

15:10, 15:20 

adopting 121 - 8:16, 

11:25 

adoption 141 - 6:7, 

11:16, 14:4, 33:17 

adopts 131 - 9:25, 

10:6, 14:ll 

advantage [I] - 26:9 

adversely [I] - 12:20 

affect 121 - 10: 14, 

15:12 

affected [I] - 12:20 

afterwards [I] - 31:22 

agenda (41 - 3:9. 

3:10, 4:3, 4:5 

agree 141 - 21:25, 

26:24, 33:21,40:10 

agreed (21 - 21 :20, 

22:3 

agrees [I] - 21 :24 

AIR [2] - 111, 2:2 

airla] - 6:10, 9:12, 

9:17, 9:22, 12:7, 12:8, 

12:10, 12:ll 

Air [4i] - 1:17, 3:4, 

3:15, 8:19, 8:21, 9:1, 

9:2, 9:7, 9:9, 9:10, 

9115, 11:17, 12:1, 

12:2, 12:4, 12:6, 12:9, 

12:18, 12:22, 12:23, 

13:1, 13:5, 13:7, 

13:10, 13:12, 13:15, 

13:21, 13:22, 14:2, 

1413, 1418, 14:11, 

15:10, 1520, 19:11, 

22:19, 22:24, 23:10, 

34:23 

ALBUQUERQUE p] 

- l:l, 2:2 

Albuquerque [lq - 1:17, 1:19, 3:3, 8:21, 

8:23, 8:25, 9:8, 9:10, 

9:12, 12:4, 12:14, 

13:18, 13:19 

ALBUQUERQUEBERNALILLO (21 - 

1:1, 2:2 

AlbuquerqueBernalillo p] - 1:17, 

8:21, 8:23, 9:10, 9:12, 

12:4, 13:18 

allow [z] - 24:25, 

30:19 

allowing [I] - 34:7 

alternative [I] - 40:4 

ambient [I] - 12:7 

amend 121 - 6:8, 12:5 

amended 191 - 5:12, 

5:14, 6:9, 8:18, 10:1, 

10:6, 10:8, 14:14, 

26:9 

Amendment [I] - 16:3 

amendment (41 - 3:25, 8:6, 18:8, 38:8 

Amendments [I] - 

20:25 

amendments 1111 - 8:17, 9:25, 10:11, 

10:17, 10:20, 10:23, 

14:14, 18:2, 20:8, 

28:22, 29:5 

American 121 - 39:7, 

40:ll 

anticipated [I] - 9:20 

anyway [I] - 17:14 

apologize [I] - 17:6 

appeal [I] - 38:22 

appellant 111 - 36:4 

appellants 141 - 

37:14, 37:15, 38:15, 

40:3 

applicable (41- 

13:12, 14:21, 18:21, 

18:23 

application [I] - 12:16 

applications 121 - 

9:4, 13:12 

applies [I] - 13:14 

apply [I] - 13:9 

appropriate 121 - 

17:16, 18:16 

approve 161 - 4:3, 

4:4, 5:11, 5:13, 9:2, 

11 :23 

AQD 17) - 1 0: 1 , 

14:12, 14:14, 19:7, 

20:8, 20:12 

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 

available 141 - 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 

basement 121 - 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 

beginning 111 - 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 

blue p] - 18:2, 20:7, 

20:8 

BOARD (21 - 1 :I, 22 

board [z] - 38:20 

Board [86] - 1 37. 

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 

clarification 111 - 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 

505-243-501 8 

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 

Deichmann 131 - 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 

demonstrated 111 - 34:13 

denied [I] - 12: 17 

department 111 - 

3515 

Department 161 - 

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 

Division 161 - 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, 311 3, 

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 

extremely tli - 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 

Given 111 - 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: 1 1, 28:4 

heard [21- 6:11, 

29:20 

Hearing [I] - 3: 1 

hearing [661- 6: 1 1 , 

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 

introduce 111 - 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 

Line 111 - 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 

505-243-501 8 

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 

location 121 - 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 

machine 111 - 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 

miracle 111 - 26:4 

missing 131 - 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 

night 121 - 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 

objection 121 - 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 

permitting 121 - 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 

petitioner 1121 - 

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 

petitioners 141 - 

19:22, 21:25, 34:16, 

37:17 

petitioning [I] - 9:14 

phrasing [I] - 26:25 

pin [I] - 351 1 

place 121 - 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 

pollution 131 - 9:22, 

12:8, 12:lO 

possible 131 - 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 

Procedure 111 - 

20:24 

procedure [I] - 14:4 

Procedures 121 - 

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 

reach pi - 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 

reasonable 131 - 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 

received 111 - 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 

recorded 111 - 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 

references p] - 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 - 423 1 

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 

run 111 - 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 

Settlement 111 - 

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 

subparagraph 131 - 

14:18, 14:23, 153 

subsection 111 - 155 

Subsection 111 - 

12:23 

substance 121 - 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 

situation 121 - 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 - 223 8, 

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) - 1 8: 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 

understood 1.1) - 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 

UP 171 - 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 

wondering 111- 

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