RECEIVt:U ·- 5PDL 

AIR PL!\HHING SEC. 

SUSANA MARTINEZ 

Governor 

JOHN A. SANCHEZ 

Lieutenant Governor 

December 16,2013 

Mr. Ron Curry 

Regional Administrator 

NEW MEXICO 13 DEC 30 PH 6: 0 

ENVIRONMENT DEPARTMENT 

Office of the Secretary 

Harold Runnels Building 

1190 Saint Francis Dr., Santa Fe, NM 87505 

PO Box 5469, Santa Fe, NM 87502-5469 

Phone (505) 827-2855 Fax (505) 827-2836 

www.nmenv.state.nm.us 

U.S. Environmental Protection Agency, Region VI (6-RA) 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Dear Mr. Curry, 

RYAN FLYNN 

Cabinet Secretary-Designate 

BUTCH TONGA TE 

Deputy Secretary 

On behalf of the New Mexico Environment Department (NMED), I am pleased to submit to the 

Environmental Protection Agency (EPA) the enclosed set of amended state rules as support for a 

request for delegation of authority for certain federal New Source Performance Standards 

(NSPS) and Maximum Achievable Control Technology (MACT) standards. 

On November 7, 2013, the New Mexico Environmental Improvement Board adopted 

amendments to the following Parts of the New Mexico Administrative Code (NMAC): 

20.2. 77 NMAC- New Source Performance Standards (amended to incorporate by 

reference federal requirements promulgated by EPA between January I, 2011 and 

September 23, 2013), and 

20.2.82 NMAC- Maximum Achievable Control Technology Standards for Source 

Categories of Hazardous Air Pollutants (amended to incorporate by reference federal 

requirements promulgated by EPA between January I, 2011 and August 29, 2013). 

NMED seeks delegation of authority from EPA for NSPS and MACT standards for the time 

periods indicated above, and in doing so, provides the following statements pursuant to the 

requirements of 40 CFR § 63.91 (d)(2). EPA approved NMED's program for receiving 

delegation of existing and future Clean Air Act Section 112 standards when it granted final 

interim approval to our Title V program oq• November 18, 1994. NMED reaffirms that it still 

meets the criteria for receiving delegation of Section 112 standards. NMED is seeking delegation 

of NSPS and MACT Standards fpr ,bqt.IJ~jijtle V and non-Title V sources. 

\ ·.·~. ~.}':.:: '.:. \~ ... 

: \ 
Mr. Ron Curry 

December 16, 2013 

Page Two 

The hearing record for these revisions is enclosed, which includes the filed regulations, 

transcripts, exhibits, public notices, affidavits of publication, and the notice of intent to testify. 

There were no public comments. 

Included with the attached hard copy of this submittal is an electronic copy of the submittal 

provided on disk, which I certify to be an exact duplicate of the hard copy. 

The State of New Mexico looks forward to receiving the EPA's approval of this delegation 

request, as well as our delegation requests made in 2007, 2009 and 2011 for NSPS, NESHAP 

and MACT rules. If you have any questions regarding this submittal, please contact Richard 

Goodyear ofNMED's Air Quality Bureau at (505) 476-4305. 

Ryan Flynn 

Secretary 

Enclosures 

cc: Tom Diggs, EPA Region 6 

Richard Goodyear, NMED AQB Chief 
, ''!T'I 

~ '"'ITER 

2 IH' ' 1 'J r·· 2= .:. 0 

NMACTRANSMnTALFORM 

1.24.10 NMAC [Sequence# ] 

11. 1) ~"'~~~-\-: . .. " -~ ..~ p).•. :~~> . : i .~·~·· .. ~~ ~, . ' J ·I •• 1 ~ . , t ~ t ' • "" ;<f' ' .... !.f\l,.!'\. ~ - , .. :2.1Aie ~lfi&iA'l·. ·,; ::=-.) '4-. ,j 

Environmental Improvement Board 667 

.3. IAaen!!liAddress 

P.O. Box 26110 

1190 St. Frands Drive, Santa Fe, New Mexico 87502 

•4. \Oontact1Rerson 

Name Lany Weaver I Phone# I (505) 476-4322 I FAX J (505) 476-4375 

E-mail Lany.weaver@state.nm.us 

I S. Type of Rule .Action 

New D Amendment Q Renumber D Repeal D Emergency D 

I 

1

9, 'NMA'C!Nf.lniber_ 

Title J Chapter I Part 

20 2 177 

.J:O. INMAC'Name .. Tltte I Chapter j Part 

Environmental Protection 1 Air Quality (Statewide) 1 New Source Performance Standards 

:11. !Amendment!Descriptlon :12. tAmenBnient:SlNMA'COClltatfon 

Amend two sections 20.2.77 NMAC, Sections 2 and 9 

.13. 'Most·r.ecent•flllng•date (lf;appllcable) 

8 1 2011 I 

14. ·Are'there.anv·materlalslncorporatedtby·reference7 

Reference 1 Internet site 

No Yes X Ple11se list iiltUchments 1.http://www.epa.gov/fedrgstr/ 11nd Internet s~(s) II - -- ilppliCIIble 2. 

3. 

:15. 'If matetlals·are attached ·has•copyr1ght"permlsslon!been:recelved? 

No I I ves l I Public domain I x l 

16, .Legal cltatlon(s):that allows .the.l'ssulqg..A_gencyto regulate.and the.Issuing Authorlty.to;pr.omutgate 

regulations on·thls.subject (~rovid all'that aee ~}. 

74-1-5 NMSA 1978; 74-1-8 N'1SA; Chapter 74, Article 2 NMSA 1978 

.17., Signature & Title of Issuing Authority (Delegated authority-must be on file) 

Name: Deborah Peacock, Esq 

Title: 

~- ~ Sign ture 

E~££ 

SRC-2000·02 

5/26/2000 

Check If delegated 

authority 0 

11 17ll3 

Oat/Signed 
,..,1'1•1 ~U" I' In 

! '' : -'··. j ".i 

This is an amendment w 20.2.7'7 NMAC. Sections::; and 9. effective 1:119 113. 

20.1.77~2 SCOPE: An~ stationar: suurce constructing or modifyin!_! and which is subject to the 

requirements ol'40 CfR Part 60. as amended through [Peeemi!er ~ L 2~19] September 13. 2013. 

I '

1

1 ~I 

-~"~"!"'':fER 

f'-' t 2• •I l , nt __ 

[06'161<J5. I I 'I 9197. 091081<J9: 20.2.77.2 NMAC • Rn 20 NMAC 2.17.1 01 It A. 06/23/00: A. 02'18'02; A. 06113103; 

A. 06.'15107: A. 08 117/09; A. 09102111: A. 12!19'13] 

l0.1.77.'1 AOOI'TION OF 40 CFR I' ART 60: Except as otherwise provided. the nc~; source performance 

standards us promulgated by the United States environmental protection agency, 40 CFR Pan 60, ao; amended in the 

Federal Register through [Dee ember 31. 2Cllllj ~ember 23. 2013 are hereby incorporated into this part [20.2. 77 

NMAC]. 

[06.'16i95. 0&/021<J6. 11119/97. 09!08'99: 20.2.77.9 NMAC • Rn 20 NMAC 2.77.107 & A. 06102'00: A. 02118/02: A. 

06113103: A. !J6il5!07: A. 08117109: A. 09/02/11: A. 12/19'13] 

20.1.77 NM/\C 
TITLE 20 

CHAPTER2 

PART77 

ENVIRONMENTAL PROTECTION 

AIR QUALITY (STATEWIDE) 

NEWSOURCEPERFORMANCESTANDARDS 

20.2.77.1 ISSUING AGENCY: New Mexico Environmental Improvement Board. 

[06/16/95; 20.2.77.1 NMAC- Rn, 20 NMAC 2.77.100 06/23100] 

20.2.77.2 SCOPE: Any stationary source con•iructing or modifying and which is subject to the 

requirements of 40 CFR Part 60, as amended through September 23, 2013. 

[06/16/95, 11-19-97, 9-8-99; 20.2.77.2 NMAC- Rn 20 NMAC 2.77.101 & A, 06/23/00; A. 02/18102; A, 06/13103; 

A, 06/15107; A. 08/17/09; A, 09/02/11; A. 12119/13] 

20.2.77.3 STATIJfORY AlJTHORITY: The em1ronmenta1 improvement board "shall promulgate 

regulations and standards in ... air quality management" (NMSA 1978, Section 74-1-S.A) and "regulations adopted 

by the environmental improvement board ... shall ... ensure that regulations and standards under ... the federal act will 

not be violated." (NMSA 1978, Section 74-2-?.B). 

(06/16195; 20.2.77.3 NMAC- Rn, 20 NMAC 2.77.102 06/23/00] 

20.2.77.4 DURATION: Permanent. 

[06116195; 20.2.77.4 NMAC- Rn, 20 NMAC 2.77.103 06/23100) 

20.2.77.5 EFFECTIVE DATE: June 16, 1995, except where a later date is cited at the end of a section or 

paragraph. 

(06116/95, 08102/96; 20.2.77.5 NMAC- Rn, 20 NMAC 2.77.104 6123/00) 

[The latest effective date of any section in this part is 12/19/13) 

20.2.77.6 OBJECTIVE: The objective of Part 77 of Chapter 2 is to adopt or establish state authority to 

implement new source perfonnance standards for stationary sources in New Mexico subject to 40 CFR Part 60. 

[06116195; 20.2.77.6 NMAC- Rn, 20 NMAC 2.77.105 06/23/00] 

20.2.77.7 DEFINITIONS: [RESERVED) 

[20.2.77.7 NMAC- N, 06123/00) 

20.2.77.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This part amends and 

supersedes Air Quality Control Regulation (AQCR) 750, last filed on April!O, !994. All references to AQCR 750 

in any other rule shall be understood as a reference to this part. 

[06/16/95; 20.2.77.8 NMAC- Rn, 20 NMAC 2.77.106 06123/00] 

20.2.77.9 ADOPTION OF 40 CFR PART 60: Except as otherwise provided, the new source performance 

standards as promulgated by the United States environmental protection agency, 40 CFR Part 60, as amended in the 

Federal Register through September 23, 2013 are hereby incorporated into this part [20.2.77 NMAC]. 

[06/16/95, 08/02/96, 11/19/97, 09/08/99; 20.2.77.9 NMAC- Rn 20 NMAC 2.77.107 & A. 06102/00; A, 02118/02; A, 

06/13/03; A. 06115107; A, 08117/09; A. 09/02/ll; A, 12119/13) 

20.2.77.10 MODIFICATIONS AND EXCEPTIONS: The following modifications or exceptions are made 

to the incorporated federal standards. 

A. Amend 40 CFR Part 60, Section 60.2, Definitions, as follows: For the purposes of delegation of 

authority which the administrator of the United States environmental protection agency may, in his discretion, 

delegate to the secretary of the New Mexico environment department, "administrator" means the secretary of the 

department or his authorized representative. 

B. Exclude 40 CFR- Part 60, Subpart AAA- Standards of Performance for New Residential Wood 

Heaters. 

C. The federal standards of performance i11corporated by this regulation shall not be subject to 

NMSA 1978, Section 74-2-8 (Variances). 

D. Exclude 40 CFR Part 60, Subpart HHHH, Emission Guidelines and Compliance Times for CoalFired Electric Steam Generating Units. 

20.2.77NMAC I 
[06/16/95; 20.2.77.10 NMAC- Rn, 20NMAC 2.77.108 06/23/00; A, 06115/07] 

20.2.71.11 DOCUMENTS: Documents incorporated and cited in this Part may be viewed at the New 

Mexico environment department, air quality bureau, 1301 Siler Road, Building B, Santa Fe NM, 87507. 

[06116/95; 20.2.77.11 NMAC- Rn, 20 NMAC 2.77.109 06/23/00; A, 08/17109] 

[As of April2013, the air quality bureau is located at 525 Camino de los Marquez, Santa Fe NM, 87505] 

HISTORY OF 20.2.77 NMAC: 

Pre-NMAC History: The material in this part was derived from that previously filed with the Commission of 

Public Records·State Records Center and Archives. 

EIBIAQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 07/24/84. 

EIB/AQCR 750, Air Quality Control Regulation 750- New Sour<:e Performance Standards, 08118187. 

EIBiAQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 07107/88. 

EIBIAQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 04/27189. 

EIB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 05/29/90. 

EIB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 04/22191. 

EIB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 04/14/92. 

EIB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 04/21193. 

EIB/ AQCR 750, Air Quality Control Regulation 750 -New Source Performance Standards, 04/12/94. 

History of Repealed Material: [RESERVED] 

Other History: 

EIB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, filed 04/12/94 was 

renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.77, New Source 

Performance Standards, filed 05/17/95. 

20 }.'MAC 2.77, New Source Performance Standards, filed 05117/95, was renumbered, reformatted, amended 

and replaced by 20.2.77 NMAC, New Source Performance Standards, effective 06123/00. 

20.2.77 NMAC 2 
- I '!T'I 

"'' 2: , 0 

NMACTRANSMnTALFORM 

1.24.10 NMAC 

.:s. ,_ ,·I - . . P.O. Box 26110 

1190 St Frands Drive, Santa Fe, New Mexico 87502 

Name Lany Weaver I Phone # I (505) 476--4322 j FAX I (505) 476--4375 

E·mall Lany.weaverttstate.nm.us 

~· .. 5. 

New CJ Amendment W Renumber D Repeal D Emergency CJ .fi.~~cif;N.il1 ll.~;;..t~ij11/07/2013 ll ~~ 1~.cllt8il12/19/2013 i ,, ~ 

:9.Af~ber I Part 

~ 

Tltte Chapter 

20 12 l s2 

11,0. !HMAClHame ' - . TltJe j Chapter Part 

Environmental Protection j Air Qualtty (Statewide) Maximum Achievable Control Technology Standards 

for Source categories of Hazardous Air Pollutants 

.11 ... oMatDtion . . :l;n .. /Amenclm.nt'aiNMAQ'at.tfon - Amend two sections 20.2.82 NMAC, Sections 2 and 8 

13. 'Most reaent"flOna dllte:llf UDIIcableJ ~ 

8 1 2011 I 

'1.4. :are•tttere·anv matert.~t ~ l'bueferenc:e? -

·- Reference 1 Internet site 

No Yes X PltJuttt Hst lttM:Itments 1. http://www.epa.gov/fedrgstr/ - -- lind Jlfttlmet $}te(l) , 

•pp/ialbh 2. 

3. 

l:S. lf m.terials 11re .attac:heil 'tia•aoDvrtaht•Def1111ssion•been received? 

No j I Yes j I Public domain j X I 

'16. •Legal dtation(s) that.allow• the Iau/IIJI'A~m:ytD regulate and the:Issulng'AuthDrlty.tD promulgate 

regul1tJons.on this aLi~ec:t (Provide all.that a~lt:)· · 

74-1-5 NMSA 1978; 74-1-8 NMSA; chapter 74, Article 2 NMSA 1978 

.17 • . Signmue·• Tl~ ofluulna Authorityi(o./egsnrd •utlwrfty must be on His) 

·----· - Name: Deborah Peaco~ ~ Check If delsgab?d 

Title:~. 1\ 

iiUthorlty D 

ChL~~k lt~dt3 Sl§"nlfture tlate Signed 

SRC·20Q0-02 

5126/2000 

) 
This is an amendment to 20.:!.82 NMAC. Sections:! and 8, effective 12/19/13. 

~. 1 ' .. .'ITH 

,~-::··~'ITER 

20.2.82.2 SCOPE: All sources emitting hazardous air pollutants. which are subject to the requirements of 

40 CFR Pan 63. as amended through [bleeeml!er; I. 20 10] August 29. 2013. 

[Rn, 20 NMAC 2.82.2. 08'14/98: A. 08114/98.09108/99:20.2.82.2 NMAC- Rn. 20 NMAC 2.82.101 & A. 06'23100: 

A. 02/18102: A, 06/13/03: A. 06/08/07: A. 08117/09: A, 09/02111: A. 12119/13] 

20.2.82.8 ADOPTION OF 40 CFR PART 63: Except as otherwise provided in section 20.2.82.10 NMAC 

(below). the national emission standards for hazardous air pollutants for source categories as promulgated by the US 

EPA, 40 CFR Pan 63, as amended in the Federal Register through [9eeemeer : I, 29 I OJ August 29. 20 13 are hereby 

incorporated into this pan (20.2.82 NMAC). 

[Rn. 20 NMAC 2.82.7, 08114'98: A. 08!14/98. 09/08'99; 20.2.82.8 NMAC- Rn. 20 NMAC 2.82.106 & A. 06/13100: 

A, 02118102: A. 06/13/03; A. 06108107; A. 08117/09; A. 09/02111: A. 12119113] 

20.2.82 NMAC 
TITI.E20 

CHAPTER2 

PART82 

ENVIRONMENT AI. PROTECTION 

Am QUALITY (STATEWIDE) 

MAXIMUM ACHIEVABLE CONTROL TECIL"!OLOGY ST AJ'Il)ARDS FOR SOURCE 

CATEGORIES OF HAZARDOUS AIR POLLUTAJ,.TS 

20.2.82.1 ISSUING AGENCY: New Mexico Environmental Improvement Board. 

[Rn, 20 NMAC 2.82.1, 08/14198; 20.2.82.1 NMAC- Rn, 20 NMAC 2.82.100 06/23100] 

20.2.82.2 SCOPE: All sources emitting hazardous air pollutants, which are subject to the requirements of 

40 CFR Part 63, as amended through August 29, 2013. 

[Rn, 20 NMAC 2.82.2, 08/14198; A, 08/14198, 09108199; 20.2.82.2 NMAC • Rn 20 NMAC 2.82.101 & A, 06123100; 

A, 02/18102; A, 06/13/03; A, 06/08107; A, 08117/09; A, 09/02111; A, 12119113] 

20.2.82.3 STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Section 74-1-8 

(A) ( 4) and (7), and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 

74-2-5 (A), (B} and (C). Section 74-2-5 (C) provides that "regulations adopted by the environmental improvement 

board may prescribe standards of performance for sources and emissions standards for hazardous air pollutants ... " 

[Rn, 20 NMAC 2.82.3, 081!4/98; A, 08114/98; 20.2.82.3 NMAC- Rn, 20 NMAC 2.82.102 06123/00] 

20.2.82.4 DURATION: Permanent. 

[Rn, 20 NMAC 2.82.4, 08/14198; 20.2.82.4 NMAC- Rn, 20 NMAC 2.82.103 06/23/00] 

20.2.82.5 EFFECTIVE DATE: November27, 1994, except where a later date is cited at the end of a 

section or paragraph. 

[Rn, 20 NMAC 2.82.5, 08/14/98; A, 08114198; 20.2.82.5 NMAC • Rn, 20 NMAC 2.82.!04 06/23100] 

[The latest effective date of any section in this part is 12/19/ 13] 

20.2.82.6 OBJECTIVE: The objective of this part is to adopt or establish state authority to implement 

emission standards for hazardous air pollutants fur the source categories in New Mexico subject to federal standards. 

The US EPA requires New Mexico to adopt such standards in order to implement requirements in Section 112 of the 

Clean Air Act. 

[Rn, 20 NMAC 2.82.6, 08/14/98; A, 08114/98; 20.2.82.6 ]'..'MAC· Rn, 20 NMAC 2.82.105 06123100] 

20.2.82.7 DEFINITIONS: [Reserved] 

[20.2.82.7 NMAC • Rn, 20 NMAC 2.82.107 06/23/00] 

20.2.82.8 ADOPTION OF 40 CFR PART 63; Except as otherwise provided in section 20.2.82.10 NMAC 

(below), the national emission standards for hazardous air pollutants for source categories as promulgated by the US 

EPA, 40 CPR Part 63, as amended in the Federal Register through August 29, 2013 are hereby incorporated into this 

part (20.2.82 NMAC). 

[Rn, 20 NMAC 2.82.7, 08/14/98; A, 08/14/98, 09/08/99; 20.2.82.8 NMAC · Rn 20 NMAC 2.82.106 & A, 06/23/00; 

A. 02/18/02: A, 06113103; A, 06/08/07; A, 08/17/09; A, 09/02111; A, 12/19113] 

20.2.82.9 SOURCES SUBJECT TO 40 CFR 63.40-63.44 OF SUBPART B (Constructed and 

Reconstructed Major Sources of Hazardous Air Pollutants): The owner or operator of a source subject to these 

provisions, that will be constructing or reconstructing after June 29, 1999, shall not oonstruct or reconstruct unless: 

A. the source has received a maximum achievable control technology (MACT) determination and 

approval from the department under this part; and 

B. the MACT determination and approval has been incorporated into a permit under 20.2.72 NMAC 

. Construction Permits or 20.2.70 NMAC- Operating Permits. 

[08/14/98; 20.2.82.9 NMAC Rn, 20 NMAC 2.82.108 06/23/00) 

20.2.82.10 MODIFICATIONS AND EXCEPTIONS: The following modifications or exceptions are made 

to the incorporated federal standards: 

A. general provisions: Amend 40 CFR Part 63, Subpart A· General Provisions, Section 63.2, 

Definitions, as fullows: For the purposes of delegation of authority which the Administrator of the US EPA may, in 

20.2.82 NMAC 
his or her discretion, delegate to the secretary of the New Mexico environment department, "administrator" means 

the secretary or his/her authorized representative. 

B. variances: The federal emission standards incorporated by this Part shall not be subject to NMSA 

1978, Section 74-2-8 (Variances). 

C. constructed and reconstructed major sources: The effective date for incorporation of 40 CFR 

63.40- 63.44 of Subpart B under 20.2.82.8 NMAC shall be June 29, 1999. 

[Rn, 20 NMAC 2.82.8, 08/14/98; A, 08114/98; 20.2.82.10 NMAC- Rn, 20 NMAC 2.82.109 06/23/00] 

20.2.82.11 DOCUMENTS: Documents incorporated and cited in this part may be viewed at the New 

Mexico environment department, air quality bureau, 1301 Siler Road, Building B, Santa Fe NM, 87507. 

[08/14/98; 20.2.82.11 NMAC- Rn, 20 NMAC 2.82.110 06/23/00; A, 08/17/09] 

[As of April 2013, the air quality bureau is located at 525 Camino de los Marquez, Santa Fe NM, 87505] 

HISTORY OF 20.2.82 NMAC: 

Pre-NMAC History: None. 

History of Repealed Material: [RESERVED] 

Other History: 

20 NMAC 2.82, Maximum Achievable Control Technology Standards For Source Categories Of Hazardous Air 

Pollutants, effective 11127/94. 

20 NMAC 2.82, Maximum Achievable Control Technology Standards For Source Categories Of Hazardous Air 

Pollutants (filed I 0/28/94) was renumbered, reformatted, amended and replaced by 20.2.82 NMAC, Maximum 

Achievable Control Technology Standards For Source Categories Of Hazardous Air Pollutants, effective 06/23/00. 

20.2.82 NMAC 2 
New Mexico Register I Volume XXIV, Number 23 I December 13, 2013 849 

NEW MEXICO 

ENVIRONMENTAL 

IMPROVEMENT BOARD 

20.2.88 NMAC EMISSION STANDARDS 

FOR NEW MOTOR VEHICLES (filed 

11/30/07) repealed 12/19/13. 

NEW MEXICO 

ENVIRONMENTAL 

IMPROVEMENT BOARD 

This is an amendment to 20.2. 77 NMAC, 

Sections 2 and 9, effective 12/19/13. 

20.2.77.2 SCOPE: Any stationary 

source constructing or modifying and which 

is subject to the requirements of 40 CFR 

Part 60, as amended through [Dcccmbct 31, 

*+&] September 23 2013. 

(06/16/95, 11/19/97, 09/08/99: 20.2.77.2 

NMAC - Rn 20 NMAC 2.77.101 & A, 

06/23/00; A, 02/18/02; A, 06/13/03; A, 

06115107; A, 08/17/09; A, 09/02/11; A, 

12/19/13] 

20.2.77.9 ADOPTION OF 

40 CFR PART 60: Except as otherwise 

provided, the new source performance 

standards as promulgated by the United 

States environmental protection agency. 

40 CFR Part 60, as amended in the Federal 

Register through [BcccmbCI 31, 2919] 

September 23 2013 are hereby incorporated 

into this part (20.2.77 NMAC]. 

(06/16/95, 08/02/96, 11/19/97, 09108199; 

20.2.77.9 NMAC- Rn 20 NMAC 2.77.107 

& A, 06/02/00; A, 02/18/02; A, 06/13/03; 

A, 06/15/07; A, 08/17/09; A, 09/02/11; A, 

12/19/13] 

NEW MEXICO 

ENVIRONMENTAL 

IMPROVEMENT BOARD 

This is an amendment to 20.2.82 NMAC. 

Sections 2 and 8, effective 12/19/13. 

20.2.82.2 SCOPE: All sources 

emitting hazardous air pollutants, which 

are subject to the requirements of 40 CFR 

Part 63, as amended through [BcecmbcJ 31, 

~]August 29 2013. 

(Rn, 20 NMAC 2.82.2, 08114198; A, 

08/14/98, 09108199; 20.2.82.2 NMAC -

Rn. 20 NMAC 2.82.101 & A, 06/23/00; 

A, 02/18/02; A, 06/13/03; A, 06108107; A, 

08/17/09; A, 09/02/11; A, 12/19/13] 

20.2.82.8 ADOPTION OF 

40 CFR PART 63: Except as otherwise 

provided in section 20.2.82.10 NMAC 

(below), the national emission standards for 

Adopted Rules 

hazardous air pollutants for source categories 

as promulgated by the US EPA, 40 CFR 

Part 63, as wnended in the Federal Register 

through [Bcccmbct 31, 2818] August 29 

ZQU are hereby incorporated into this part 

(20.2.82 NMAC). 

(Rn, 20 NMAC 2.82.7, 08/14/98; A, 

08/14/98, 09108199; 20.2.82.8 NMAC -

Rn, 20 NMAC 2.82.1 06 & A, 06/23/00; 

A, 02/18/02; A, 06/13/03; A, 06/08107; A, 

08/17/09;A, 09/02/11 ;A, 12/19/13] 

NEW MEXICO 

DEPARTMENT OF GAME 

AND FISH 

TITLE 19 N A T U R A L 

RESOURCES AND WILDLIFE 

CHAPTER31 HUNTING AND 

FISHING 

PART4 FISHERIES 

19.31.4.1 ISSUING AGENCY: 

New Mexico Department of Game and Fish. 

(19.31.4.1 NMAC- Rp, 19.31.4.1 NMAC, 

4-1-2014] 

19.31.4.2 SCOPE: Sportfishing. 

Additional requirements may be found in 

Chapter 17 NMSA 1978 and Chapters 30 

through 34 ofTitle 19 NMAC. 

(19.31.4.2 NMAC - Rp, 19.31.4.2 NMAC. 

4-1-2014] 

19.31.4.3 S T A T U T 0 R Y 

AUTHORITY: 17-1-14 and 17-1-26, and 

17-2-1 NMSA 1978, provide that the New 

Mexico state gwne commission has the 

authority to establish rules and regulations 

that it may deem necessary to carry out the 

purpose of Chapter 17 NMSA 1978 and all 

other acts pertaining to protected species. 

[19.31.4.3 NMAC- Rp, 19.31.4.3 NMAC, 

4-1-2014] 

19.31.4.4 DURATION: April I, 

2014 through March 31, 2018. 

[19.31.4.4 NMAC- Rp, 19.31.4.4 NMAC, 

4-1-2014] 

19.31.4.5 EFFECTIVE DATE: 

April 1, 2014, unless a later date is cited at 

the end of a section. 

(19.31.4.5 NMAC- Rp, 19.31.4.5 NMAC, 

4-1-2014] 

19.31.4.6 OBJECTIVE: 

Establishing open seasons, bag limits, and 

other rules pertaining to management and 

harvest of the fisheries resources of New 

Mexico. 

[19.31.4.6 NMAC- Rp, 19.31.4.6 NMAC, 

4-1-2014] 

19.31.4.7 DEFINITIONS: 

Specific terms as used in this regulation are 

defined. 

A. Boundary descriptions 

(I) "U.S.", as used in boundary 

descriptions herein, shall mean United States 

highway. 

(2) "N.M.", as used in boundary 

descriptions herein, shall mean New Mexico 

state road. 

(3) "I", as used in boundary 

descriptions herein, shall mean interstate 

highway. 

B. "Daylight hours" shall 

mean from one-half hour before sunrise to 

sunset. 

C. A "barbless" lure or Hy 

shall mean an artificial lure made of wood, 

metal, or hard plastic or an artificial fly made 

from fur, feathers, other animal or man-made 

materials tied onto a hook to resemble or 

simulate insects, bait fish, or other foods. A 

fly or lure may only bear a single hook, from 

which any or all barbs must be removed 

or bent completely closed, or which are 

manufactured without barbs. Living or dead 

arthropods and annelids, or rubber or plastic 

moldings of these or other foods are not 

included. 

D. "Cbum" as used herein, 

is organic material that is not injurious to 

aquatic life and is used to attract fish. 

E. "Snagging" as used 

herein, is the intentional taking of fish with 

hooks, gang hooks, or similar devices where 

the fish is hooked in a part of the body other 

than the mouth. 

F. "Bait fish"" is defined as 

those nongame fish which are not otherwise 

protected by statute or regulation. 

G. "'Angling" shall mean 

taking or attempting to take fish by hook 

and line, with the line held in the hand or 

attached to a pole or rod or other device that 

is held in the hand or closely attended. 

[19.31.4.7 NMAC- Rp, 19.31.4.7 NMAC. 

4-1-2014] 

19.31.4.8 TROUT WATERS 

AND WARM WATERS: 

A. Regular trout waters: 

The following are designated as regular trout 

waters: All streams, lakes and ponds lying 

within the following described areas except 

licensed class A lakes and Jakes, ponds, and 

ranch tanks not fed by public waters and not 

open to public fishing. 

(1) Northern area: That portion of 

New Mexico bounded by a line starting at the 

intersection of 1·25 with the Colorado-New 

Mexico state line and running south along 

1-25 to its junction with U.S. 64; thence, 
STATE OF NEW MEXICO 

E~ONMENTALUMPROVENmNTBOARD 

IN THE MATTER OF PROPOSED 

AMENDMENTS TO AIR QUALITY REGULATIONS 

20.2.77 AND 20.2.82 NMAC 

PETITION FOR BEARING 

The Air Quality Bureau in the Environmental Protection Division of the New Mexico 

Environment Department files this Petition with the Environmental Improvement Board 

("Board") to request a hearing for amendments to the Air Quality Regulations. The proposed 

amendments to existing rules are necessary to incorporate newly promulgated federal standards 

within programs for which authority has been delegated to New Mexico by the U.S. 

Environmental Protection Agency. The Board is authorized to adopt these regulations by the 

Air Quality Control Act, NMSA 1978, § 74-2-5. A statement of the reasons for the regulatory 

change is included below. The rules with proposed amendments are attached as Attachments A 

and B. 

The Air Quality Bureau requests a hearing at the November 2013 meeting of the Board. 

It is anticipated that the hearing for this petition will take one (I) hour or less. 

Respectfully submitted, 

NEW MEXICO ENVIRONMENT DEPARTMENT 

Q. c:::?""~ Bill Grantham 

Assistant General Counsel 

1190 S. St. Francis Drive, Suite N-4068 

Santa Fe, New Mexico 87505 

505.222.9594 

bill.grantham@state.nm.us 
STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER OF PROPOSED 

AMENDMENTS TO AIR QUALITY 

REGULATIONS 20.2.77 AND 20.2.82 NMAC No. Em 13-Ql(R) 

STATEMENT OF REASONS 

The purpose of the proposed amendments is to incorporate by reference the new rules, 

corrections, revisions, and amendments to the federal New Source Performance 

Standards (NSPS) and Maximum Achievable Control Technology Standards for Source 

Categories of Hazardous Air Pollutants (MAC1), which were promulgated by the U.S. 

Environmental Protection Agency (EPA) and published in the Federal Register from 

January I, 2011 to August 29,2013. The sections of Parts 77 and 82 of20.2 NMAC 

affected by the proposed changes are shown below. The entirety of Parts 77 and 82 with 

the proposed changes included are attached as Attachments A and B respectively. 

A table listing EPA's revisions to the NSPS and MACT standards since January I, 2011 

is attached as Attachment C. The table will be updated if additional revisions are made 

before August 29, 2013. EPA has indicated that it intends to revise the NSPS applicable 

to storage tanks used in oil and natural gas production by July 31, 2013. An EPA fact 

sheet describing this anticipated action is attached as Attachment D. 

The Department proposes the following changes to 20.2.77 NMAC: 

1. 10.1. 77.1 SCOPE: Any slationary source constructing or modifying and which is subject 

to the requirements of 40 CFR Part 60, a.s amended through [Qeeemi!OF l I, ~OIOJ August 29.2013. 

[06/16/9S, 11-19-97, 9-8-99; 20.2.77.2 NMAC -Rn 20 NMAC2.77.101 & A, 06/23/00; A, 02118102; A, 

06/13/03; A, 06/1SI01; A, 08117/09; A, 09/02111; A, xxlxxlxx) 

2. 10.2.77.9 ADOPTION OF 40 CFR PART 60: Except a.s otherwise provided, the new 

source perfonnance standards a.s promulgated by the United States environmental protection agency, 40 

CFR Part 60, a.s amended in the Federal Register through [Qooemi!OF 31, ~QIOJ August 29, 2QI3are hereby 

incorporoted into this part [20.2.77 NMAC]. 

[06/16/9S, 08/02196, I 1/19/97, 09/08199; 20.2.77.9 NMAC- Rn 20 NMAC 2.77.107 & A, 06/02100; A, 

02118102; A, 06/13/03; A, 06/JS/07; A, 08/17109; A, 09/02111; A, xxlxxlxx) 

The Department proposes the following changes to 20.2.82 NMAC: 

1. 10.1.81.1 SCOPE: All sources emitting luwlrdous air pollutants, which are subject to the 

requirements of 40 CFR Part 63, a.s amended through [l)eeeml!or 311 2010j August 29, 2013. 

[Rn, 20 NMAC 2.82.2, 08114/98; A, 08/14/98, 09/08199; 20.2.82.2 NMAC- Rn 20 NMAC 2.82.101 & A, 

06123/00; A, 02/18/02; A, 06/13/03; A, 06/08/07; A, 08/17/09; A, 09102111; A, xxlxxlxx] 

Stetement ofRea.sons Page 1 of1 
2. lO.l.8l.8 ADOPTION OF 40 CFR PART 63: Except as otherwise provided in section 

20.2.82.1 0 NMAC (below), the national emission staDdards for hazardous air pollutaDts for source 

categories as promulgated by the US EPA, 40 CPR Put 63, as amended Ill the Federal Register througb 

(Qoe11Mor 31 1 :IQIQj August 29, 2Q13are h~by iDcolporaled into this part (20.2.82 NMAC). 

[RD. 20 NMAC 2.82.7, 081141'98; A, 08/141'98, 09108199; 202.82.8 NMAC • RD 20 NMAC 2.82.106 & A, 

06123/00; A, 02118/02; A, 06113/03; A, 06/08107; A, 08/17/09; A, 09/02111; A, xxlxxlxx] 

Statement of Reasons Page l of l 
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11TLE20 

CIIAJ'TER 2 

PART77 

A'ITACHMENJ' A 

ENVIRONMENTAL PROTECI'ION 

AIR QUALITY (STATEWIDE) 

NEW SOURCE PERFORMANCE STANDARDS 

20.2. 77.1 ISSUING AGENCY: New Mexico EnYiroi!IIleotal lmprovement Board 

[06/16195; 20.2.71.1 NMAC -Rn, 20NMAC 2.77.100 06123100] 

26.2.77.2 SCOPE: Any stationary source c:onstru<:ting or modifying and which is subjel:t to the 

requirements of 40 CFR Pert 60, as amended lhrougb [.Geeemeer 31, 2019] August 2~ 2013. 

[06/1619S, 11·19-97, 9-8-99; 20.2.77.2 NMAC • Rn 20 NMAC 2.77.101 &. A. 06123/00; A. 02118102; A, 06/13/03; 

A. 06115107; A. 08/17/09; A, 09102111] 

2U77.3 STATUTORY AUTHORITY: TheenYironmental improvement boord "shall promulgate 

regulations and standards ln ... air quality llliiDllgemcnr• (NMSA 1978, Section 74-1-&.A} and "regulations adopted 

by the environmental improvement boord ... sball ... ensure that regulations and standal:ds under ... lbc federal act will 

not be violated." (NMSA 1978, Secdon 74·2·7.B}. 

(06/16195; 20.2.71.3 NMAC • Rn. 20 NMAC 2.77.102 06/23100] 

20.2.77.4 DURATION: Pennancnt 

[06116195; 20.2. 77.4 NMAC • Rn, 20 NMAC 2.77 .I 03 06123100] 

20.2.77.5 EFFECI'IVE DATE: June 16, 1995, except where a later date is cited at the and ofasection OT 

paragraph. 

[06/l619S, 08102/96; 20.2.77.5 NMAC • Rn, 20NMAC2.77.104 6/23/00] 

['l'l!o latest effective date of any section in Chis part is September 2, 2011] 

20.2. 77.6 OBJECTIVE: The objective of Pan 77 of Chapter 2 is to adopt or establish state authority to 

implement new source perfOIIIWiee standords for stationary sources in New Mexico subject to 40 CFR Pan 60. 

[06116195; 20.2.77.6 NMAC • Rn, 20 NMAC 2.77.105 06123100] 

20.2.77.7 DEFINITIONS: [RESERVED] 

[20.2.77.7 NMAC • N, 06123100] 

2U77.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This pan amends and 

supersedes Air Quality Control Regulation (AQCR) 750, last filed on Apri110, 1994. All references to AQCR 750 

in any other rule shall be understood as a rcftrcnce to this pan. 

[06116195; 20.2.77.8 NMAC • Rn, 20 NMAC 2.77.106 06/23/00] 

20.2. 77.9 ADOPTION OF 40 CFR PART 60: Except as otbcrwlse provided, the new source performance 

standards as promulgated by the United States environmeotal protection agency, 40 CFR Pan 60, as amended in the 

Federal Register through [Qeeemeor 31, :1!119] August 29. 2013 arc hen:by lnco1J)01'81cd into this pan [20.2.77 

NMAC]. 

[061l619S, 08102196, 11119/97, 09/08199; 20.2.77.9 NMAC • Rn 20 NMAC 2.77.107 &. A. 06102/00; A. 02/18102; A. 

06113103; A. 06/15107; A, 08117109; A, 09/02/11] 

20.2.77.10 MODIFICATIONS AND EXCEPTIONS: The following modifications or exceptions arc made 

to the lnco1p01'81ed federal standatds. 

A. Amend 40 CFR Pan 60, Section 60.2, Definitions, as follows: For lbc purposes of delcgelion of 

authority which the administrator of the United Ststc:s eavironmental protection agency may, in his discretion, 

delegate to lbc secretary of the New Mexico environment department, "adtninlstrator" means the secretary of the 

department or his authorized representative. 

B. Exclude 40 CFR ·Pan 60, Subpart AAA • Standards of Performance for New Residential Wood 

Heaters. 

C.. The federal standatds of performance incorporated by this regulation shall not be subject toNMSA 1978, 

Section 74-2·8 (Variances}. 

D. EX~>lude 40 CFR Pan 60, Subpart HHHH, Emission Guidelines and Compliance Times for Coal· 

20.2.77 NMAC I 
1 Fired Electric Steam Generating Unils.[06/16/95; 20.2.77.10 NMAC- Rn, 20 NMAC 2.77.108 06123100; A, 

2 06115~7] 

3 

4 20.2.77.11 DOCUMENTS: Documents ioCOipOI'aled and cited in this Part may be viewed at the New 

5 Mexico environment department, air quality bureau, 1301 Siler Road, Buildio& B, Sallla Fe NM, 87S07. 

6 [0611619S; 20.2.77.11 NMAC • 1\n, 20 NMAC 2.77.109 06123100; A, 08117~9] 

7 

8 BISTORYOF:ZU77 NMAC: 

9 Pre-NMAC lllstory: ne material in th!J part was derived from that previously filed with the Commission of 

10 PubUc Reconb-Statc Rllcords Omtt:r and Archiws. 

11 EIBIAQCR 7SO, Air Quality CODlrol Regulation 7$0 ·Now Source Performance Standards, 07/24/84. 

12 ElBIAQCR 750, Air Quality Control Regulllllon 750 ·New Soun:e Perfonnance Staodarda, 08/18187. 

13 EIBIAQCR 750, Air Quality Control Regulllllon 750 ·New Souru Performance Staodarda, 07107/88. 

14 EIB/AQCR 7SO, Air Quality Control Regulation 7SO ·New Soun:e Pcrl"ormance Standards, 04127/89. 

15 ElBIAQCR 7SO, Air QuaUty Control Regulation 750- New Souru Pcrl"ormance StaodardJ, OS/29/90. 

16 Effi/AQCR 7$0, Air Quality Control Regulation 750 ·New Source Ponbnnaoce Staodarda, 04122/91. 

17 EIB/AQCR 750, Air Quality Control Regulation 750 ·New Source Performance Staodanls, 04114192. 

18 ElBIAQCR 7SO, Air Quality Control Regulation 7SO ·New Soon:e Pcrl"ort118DCC Standards, 04121/93. 

19 ElBIAQCR 1SO, Air Quality Control Regulation 750 ·Now Source Performance Slandards, 04/12194. 

20 

21 HlltGry of Repealed Materilll: [RESERVED] 

22 

23 Other History: 

24 EIB/AQCR 750, Air Quality Control Regulation 750 ·New Source Ponbnnaoce Standards, filed 04112194 was 

25 reoumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.77, New Soun:e 

26 Performance Starulards, liled 05/17/95. 

27 20 NMAC 2.77, New Source Performance Standards, filed OS/1119S, was reaumbered, reformatted, amettded 

28 and replaced by 20.2.77 NMAC. New Source Performance Standards, effective 061'23100. 

202.77NMAC 2 
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11TLE10 

CHAPTER:! 

PART82 

ATIACHMENTB 

ENVIRONMENTAL PROTECTION 

AIR QUALITY (STATEWIDE) 

MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY STANDARDS FOR SOURCE 

CATEGORIES OF HAZARDOUS AIR POLLUTANTS 

lO.l.82.1 ISSUING AGENCY: New Mexico Envirol!lllel1lallmprovement Board. 

[Rn. 20 NMAC 2.82.1, 08114198; 20.2.82.1 NMAC • Rn, 20 NMAC 2.82.100 06123/00) 

lO:U:U SCOPE: All sources emitting hazardous air pollutant:s, whieh are subject to the requirements of 

40 CFR Part63, as amended through p;leuaJIIw at, 2919] August 29.2013. 

[Rn. 20 NMAC 2.82.2, 08114.198; A. 08114.198, 09108199; 20.2.82.2 NMAC- Rn 20 NMAC 2.82.101 & A, 06123100; 

A. 02118/02; A. 06/13/03; A. 06/08107; A, 08111109; A. 09/f1l/11] 

l0.%.82.3 STATUTORY AUTHORITY: EnvironmcD!BI Improvement Act, NMSA 1978, SectioD 74-1·8 

(A)(4) and (7), and AirQualityCDDtrol Act, NMSA 1978, Scetions 74-2-1 et seq., including speeifically, Scetioo 

74-2-S (A), (B) BDd (C). Section 74-2-S (C) provides !bat "regulations adopted by the coviron.meDtal improvemcnt 

boatd may prescribe SUindards of perfonnaru:e for sources and emissions standards for hazardous air pollutant:s ... » 

[Rn. 20 NMAC 2.82.3, 08114198; A. 08114198; 20.2.82.3 NMAC • Rn, 20 NMAC2.82.102 06123100] 

10.2.82.4 DURATION: Permaocnt. 

[Rn. 20 NMAC 2.82.4, 08114.198; 20.2.82.4 NMAC • Rn, 20 NMAC 2.82.1 03 06123100] 

20.2.82.5 EFFECfiVE DATE: November 27, 1994, except where a later date is eited Ill the end of a 

scetion or pal11gl11Pb. 

[Rn. 20 NMAC 2.82.5, 08114.198; A. 08114198; 20.2.82.5 NMAC • Rn, 20 NMAC 2.82.104 06123/00) 

(The latest effective date ofany scetion in lhis part Is September 2, 2011] 

10.2.82.6 OBJECfiVE: Tbe objective oflhis part is to adopt or CS!IIblish stllte aulhority to Implement 

emission staDdards for hszardous air pollutant:s for the source elltegories in New Mexico subject to federal stal!dards. 

The US EPA requires New Mexico to adopt such standards in order to Implement requiranent'llu Section 112 of lhe 

Clean Air Aet. 

[Rn, 20 NMAC 2.82.6, 08114/98; A. 08114.198; 20.2.82.6 NMAC • Rn, 20 NMAC 2.82.10S 06123100) 

20.2.82. 7 DEFINITIONS: [Ruerved] 

(20.2.82.7 NMAC • Rn, 20 NMAC 2.82.107 06123100] 

10.2.82.8 ADOPTION OF 40 CFR PART 63: Except as olherwise provided in scction 20.2.82.10 NMAC 

(below). the national entiSiion stal!dards fur hszardous air pollutants fur source eBtesories as promulgated by the US 

EPA, 40 CFR Part 63, as amended in the Federal Register through p;leBemllw :H, 2QI9] AUii!!St 29. 2013 are berehy 

lucorp0111ted into Ibis part (20.2.82 NMAC). 

[Rn. 20 NMAC 2.82.7, 08/14.198; A. 08114198, 09108199; 20.2.82.8 NMAC • Rn 20 NMAC 2.82.106 & A, 061'23100; 

A, 02118102; A. 06/13103; A, 06/08107; A, 08117109; A. 09102/11] 

20.2.8:1.9 SOURCES SUBJEcr TO 40 CFR 63.40 • 63.44 OF SUBPART B (CDDstncted and 

ReeoMtrueted Major Sources or Hazardou.s Air PolllttJnsts): The owner or operator of a source subject to these 

provisions, lhat wiU be CODStrueting or n.:onstructing after June 29, 1999, shall not construct or reconmuet lDlless: 

A. lhe source has received a maximum achievable control teebnology (MACT) determination and 

approval from the department under Ibis part; and 

B. lhe MACT detcrmiDalioD and approval has been incorporllted into a permit UDder 20.2. 72 NMAC 

• CDDstruction Pormit'l or 20.2.70 NMAC ·Operating Permits. 

(08114198; 20.2.82.9 NMAC • Rn, 20 NMAC2.82.108 06123100] 

20.2.112.10 MODIFICATIONS AND EXCEPTIONS: The followins modiliclllions or exceptions are made 

to lhclucorp0111ted federal standards: 

A. general provisions: Amend 40 CPR Part 63, Subpart A ·General Provisions, Section 63.2, 

20.2.82 NMAC 
1 Definitions, as foUows: For the purposes of delegation of authority which the Administrator of the US EPA may, in 

2 his or her discretion, delegate to the secn;tary of the New Mexico environment depll1ment, "adminissratoomeans 

3 the sectetary or hisl1l.tr 8111horized representative. 

4 B. variances: The federal emission slllndards inoorponl1ed by this Part shall not he subject to NMSA 

5 1978, Section 74·2·8 (Variances). 

6 C. coliSinletod and l"eCCOIS1l'Uttod major SO!Il'COS: The effective dato tor incorponllion of 40 CFR 

7 63.40 • 63.44 of Subpart B 1111der 20.2.82.8 NMAC .shall be June 29, 1999. 

8 [Rn, 20 NMAC 2.82.8, 08/14198; A, 08/14/98; 20.2.82.10 NMAC • Rn, 20 NMAC 2.82.109 061231'00] 

9 

10 20.2.82.11 DOCUMENTS: Documents incorporated and cited In this part may he viewed at the New 

11 Mexico environment department, air quality bureau. 1301 Siler bad, Buildin& B, Santa Fe NM. 87S07. 

12 [08/14/98; 20.2.82.11 NMAC • Rn, 20 NMAC 2.82.110 06123100; A. 08/171119] 

13 

14 HISTORY OF 211.2.82 NMAC: 

15 Pre-NMAC Hl!lory: None. 

16 

17 HI! tory of Repealed Material: [RESERVED] 

18 

19 Other Hlllory: 

20 20 NMAC 2.82, MaxiiiiUm Achievable Control Technology Standards For Source Categories otHazardOIIS Air 

21 Pollutams, effective I Ul7/94. 

22 20 NMAC 2.82, Maximum Acbit:vable Control Technology Standards For Source Categories otHazardOIIS Air 

23 Polhllants {filed 10128194) was renumbered, reformattt:d, ameadod aad replaced by 20.2.82 NMAC, Maximum 

24 Acbiovablo Control Technology Standards For Solm){O Categories Of Hazardous Air PoUutents, effective 06123100. 

20.2.82 NMAC 2 
Attachment C- Ust of Amendments to 40 CFR 60 and 63 Published in the Federal Register from January 1, 2011 to August 29, 2013 

Date of Federal 

PDF name Repster 40 CFR Part(s) 11tle I pages 

Standards of Performance for Fossil-Fuel-Fired, Electric Utility, IndustrialCommerciaHnstitutlonal, and Small Industrial-commercial-Institutional Steam 

2011·1008 1/20/2011 60 Generating Units 8 

National Emission Standards for Hazardous Air Pollutants From the Portland 

Cl!ment Manufacturing Industry and Standards of Performance for Portland 

2011·759 1/18/2011 60and63 Cl!ment Plants 6 

National Emission Standards for Hazardous Air Pollutants for Source Categories: 

GasoUne Distribution Bulk Terminals, Buill: Plants, and Pipeline Facilities; and 

2011·906 1/24/2011 63 Gasoline Dispensing Facilities 31 

National Emission Standards for Hazardous Air Pollutants: Gold Mine Ore 

Processing and Production Area Source Category; and Addition to Source Category 

2011-2608 2/17/2011 63 Ust for Standards 41 

2011-4310 2/25/2011 60 Standards of Performance for New Stationary Sources; Correction 1 

National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal 

2011-5196 3/9/2011 63 Combustion Engines 11 

National Emission Standards for Hazardous Air Pollutants for Chemical 

2011-5778 3/14/2011 63 Manufacturing Area Sources 2 

Standards of Performance for New Stationary Sources and Emission Guidelines for 

2011-4491 3/21/2011 60 Existing Sources: Sewage Sludge Incineration Units 84 

National Emission Standards for Hazardous Air Pollutants for Area Sources: 

2011-4493 3/21/2011 63 Industrial, Commercial, and Institutional Boilers 54 

National Emission Standards for Hazardous Air Pollutants for Major Sources: 

2011-4494 3/21/2011 63 Industrial, Commercial, and Institutional Boilers and Process Heaters 96 

Standards of Performance for New Stationary Sources and Emission GuideUnes for 

2011-4495 3/21/2011 60 Existing Sources: Commercial and Industrial Solid Waste Incineration UnitS 88 

Standards of Performance for New Stationary Sources and Emissions Guidelines for 

2011-7899 4/4/2011 60 Existing Sources: Hospital/Medical/Infectious Waste Incinerators 9 

National Emission Standards for Hazardous Air Pollutant Emissions: Group I 

Polymers and Resins; Marine Tank Vessel Loading Operations; Pharmaceuticals 

2011-8168 4/21/2011 63 Production; and the Printing and Publishing Industry 38 

1 
Attachment C- Ust of Amendments to 40 CFR 60 and 63 Published in the Federal Register from January 1, 2011 to August 29, 2013 

Date of Federal 

PDF name Register 40 CF1t Part(s) Title "paps 

National Emission Standards for Hazardous Air Pollutants From the Portland 

Cement Manufacturing Industry and Standards of Performance for Portland 

2011-12095 5/17/2011 60and 63 Cement Plants 9 

Industrial, Commercial, and Institutional Boilers and Process Heaters and 

2011-12308 5/18/2011 60and63 Commercial and Industrial Solid Waste lndneration Units 3 

Amendments to National Emission Standards for Hazardous Air Pollutants for Area 

2011-1S274 6/20/2011 63 Sources: Plating and Polishing 10 

Standards of Performance for Stationary CompressiOn Ignition and Spark. Ignition 

2011-15004 6/28/2011 60 Internal Combustion Enslnes 26 

2011-16462 6/29/2011 60 Standards of Performance for New Stationary Sources; Correction 3 

National EmissiOn Standards for Hazardous Air Pollutants From Petroleum 

2011-17901 7/18/2011 63 Refineries; Partial Withdrawal of Final Rule 4 

Amendments to National EmissiOn Standards for Hazardous Air Pollutants for Area 

2011-23806 9/19/2011 63 Sources: Plating and Polishing 11 

National Emission Standards for Hazardous Air Pollutant Emissions for Primary lead 

2011-292117 11/lS/2011 63 Processing 27 

National Emission Standards for Hazardous Air PoRutant Emissions for ShlpbuDdins 

and Ship Repair (Surface Coating); National Emission Standards for Wood Furniture 

2011-29457 11/21/2011 63 Manufacturing Operations 27 

National Emission Standards for Hazardous Air Pollutants: Area Source Standards 

2011-32835 12/23/2011 63 for Prepared Feeds Manufacturing; Amendments 6 

National Emissions Standards for Hazardous Air Pollutants From Secondary lead 

2011-32933 1/5/2012 63 Smelting 37 

Incorporation of Revised ASTM Standards That Provide Flexibifity in the Use of 

2012-712 1/18/2012 60 Alternatives to Mercury-Contalnlnslndustrial Thermometers 11 

National Emission Standards for Hazardous Air Pollutants for Chemical 

2012-1610 1/30/21>12 63 Manufacturing Area Sources 19 

National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired 

Electrk: Utility Steam Generating Units and Standards of Performance for Fossil-fuel 

Fired Electric Utility, lndustriai-Commercial-lnstitutlona~ and Small Industrial2012-806 2/16/2012 60 and63 Commercial-InstitutiOnal Steam Generating Units 211 

2 
Attachment C- Ust of Amendments to 40 CFR 60 and 63 Published in the Federal Register from January 1, 2011 to August 29, 2013 

Date of Federal 

PDF name Resister 40 CFR Part(s) Title I paps 

National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and 

2012-6421 4/17/2012 63 COpolymers Production 102 

National Emission Standards for Hazardous Air Pollutants From Coal and Oii-F'ued 

Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fue 

Ared Electric Utility,lndustrlai-Commen:lal-lnstitutlonal, and Small Industrial2012-8703 4/19/2012 60and63 COmmercial-Institutional Steam Generating Units; COrrection 11 

Method 16C for the Determination ofT otal Reduced Sulfur Emissions From 

2012·18513 7/30/2012 60 Stationary Sources 7 

2012-19691 8/14/2012 60 New Source Performance Standards Review for Nitric Acid Plants 16 

Oil and Natural Gas Sector: New Source Performance Standards and National 

2012-16806 8/16/2012 60 and63 Emission Standards for Hazardous Air Pollutants Reviews 112 

National Emission Standards for Hazardous Air Pollutants From the Pulp and Paper 

2012·20501 9/11/2012 63 Industry 18 

Standards of Performance for Petroleum Refineries; Standards of Performance for 

Petroleum Refineries for Which Construction, Reconstruction, or Modification 

2012-20866 9/12/2012 60 commenced After May 14, 2007 60 

National Emission Standards for Hazardous Air Pollutant Emissions: Hard and 

Decorative Chromium Electroplating and Chromium Anodizing Tanks; and Steel 

2012·20642 9/19/2012 63 Pickling-HCI Process Fac!rltles and Hydrochloric Acid Regeneration Plants 35 

National Emission Standards for Hazardous Air Pollutants for Chemical 

2012-30698 12/21/2012 63 Manufacturing Area Sources 26 

National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal 

COmbustion Engines; New Source Performance Standards for Stationary Internal 

2013-0128& 1/30/2013 60and63 COmbustion Engines 52 

National Emission Standards for Hazardous Air Pollutants for Major Sources: 

2012-31646 1/31/2013 63 Industrial, COmmercial, and Institutional Boilers and Process Heaters n 

National Emission Standards for Hazardous Air Pollutants for Area Sources: 

2012-31645 2/1/2013 63 Industria~ Commercial, and Institutional Boilers 36 

3 
Attachment C - list of Amendments to 40 CFR 60 and 63 Published In the Federal Register from January 1, 2011 to August 29, 2013 

Date of federal 

PDF name Rqlster 40 CFR Part(s) lltle I paps 

Commercial and Industrial SoUd Waste Incineration Units: Reconsideration and 

2012-31632 2{7/2013 60 Final Amendments; Non-Hazardous Secondary Materials That Are Solid Waste 103 

National Emission Standards for Hazardous Air Pollutants for the Portland Cement 

2012-31633 2/12/2013 60and 63 Manufacturing Industry and Standards of Performance for Portland Cement Plants 50 

National Emission Standards for Hazardous Air Pollutants for Reciprocating lntemal 

2013..01288- Combustion Engines; New Source Performance Standards for Stationary Internal 

correction 3/6/2013 60and63 Combustion Engines; Correction 1 

[Additional amendments will be added if EPA publishes them by 8/29/131 

Total number of pages: 1S79 

4 
EPA's Air Rules for the 0!1 & Natural Gas industry 

PROPOSED UPDATES TO REQUIREMENTS FOR STORAGE TANKS 

USED IN OIL AND NATURAL GAS PRODUCTION 

Tanks are used for temporary storage of liquids produced during in the oil and natural gas 

production process, before those liquids are moved to a pipeline, sold, or moved for disposal. 

These storage tanks can be sources of emissions of ozone-forming volatile organic compounds 

(VOCs), along with several toxic air pollutants, including benzene. Storage tanks used In oil or 

natural gas production are subject to EPA's 2012 New Source Performance Standards (NSPS) for 

VOCs if they have the potential to emit 6 or more tons of VOCs a year. 

SUMMARY OF ACTION 

• On March 28, 2013, EPA proposed updates to Its 2012 VOC performance standards for 

storage tanks used in crude oil and natural gas production to facilitate compliance with the 

standards and clarify requirements. The proposed changes reflect recent information 

showing that more higher-volume storage tanks will be coming on line than the agency 

originally estimated. 

• The updates would: adjust requirements for tanks built before today's proposal is published 

In the Federal Register; establish alternative emission limits for tanks where emissions have 

dropped; clarify test protocols for control equipment; clarify the types of tanks subject to 

the rule; streamline compliance monitoring requirements while EPA addresses monitoring 

Issues raised in reconsideration petitions; and update requirements for submitting annual 

reports. 

• The proposed updates respond to Issues raised in several petitions for reconsideration of 

the 2012 standards. The updates would provide time for manufacturers to produce 

sufficient control equipment and will help ensure that responsible oil and natural gas 

production Is not slowed. 

• EPA anticipates taking final action on today's proposal by July 31, 2013. The agency Is 

continuing to evaluate other Issues raised In the petitions and Intends to address those by 

the end of 2014. 

• EPA will accept public comment on this proposal for 30 days after It is published In the 

Federal Register. The agency will hold a public hearing on the proposal If requested within 

ATTACHMENT D 
five days of pubUcatlon.lnformation on submitting comments and requesting a hearing Is at 

the end of this fact sheet. 

THE PBOPQSfP UPDATES 

Proposed Adjustments to Control Requirements 

• After Its 2012 final standards were Issued, EPA received supplemental Information that led 

the agency's to revise Its estimate of storage tanks that would be subject to the rule. Based 

on that Information, EPA now believes there will not be sufficient control equipment 

available for tanks to meet an Oct.15, 2013 deadline for storage tanks to control VOC 

emissions by 95 percent. 

• In light of that information, EPA is proposing to address storage tanks In two groups in order 

to focus the limited control equipment currently available on the tanks likely to have the 

highest emissions. 

o Group 1 tanks: Emissions from tanks generally decline over time, because the 

amount of liquid that moves through the tank declines as production from a well 

slows. For tanks constructed between Aug. 23, 2011 and the date today's proposal is 

published in the Federal Register, EPA Is proposing a two-part requirement: 

• Tank owners/operators would have until Oct. 15, 2013 to report that the 

tank Is on line and provide the tank's geographic coordinates. 

• If there Is a change that potentially would Increase the tank's emissionssuch as the addition of a well supplying the tank or the refracture of an 

existing well •• the owner I operator would have to Install controls to reduce 

VOC emissions by 95 percent within 60 days of the change or by April15, 

2014, whichever Is later. 

o Group Z tonics: Tanks that come online after today's proposal is published In the 

Federal Register would have to have controls to reduce VOC emissions by 95 percent 

In place by April15, 2014 or within 60 days after startup, whichever is later. 

Proposed Altemotlve Emissions Umlt 

o EPA also Is proposing an alternative emissions limit for storage tanks that would allow 

owners/operators to either: 

1) Reduce VOC emissions at a tank by 95 percent, as required in the original rule; or 

2) Demonstrate emissions from a tank have dropped to less than 4 tons per year of 

VOCS without emission controls. 

2 
o This alternative limit would reflect the decline In emissions that occurs at 

most tanks over time and allow owners/operators to shift control equipment 

to higher-emitting tanks. 

• To qualify for this emissions limit, owners/operators would have to 

document that emissions had been below 4 tons for at least 12 

consecutive months. 

o If emissions increase (at or above the 4 ton-per-year limit), owners/operators 

would have 30 days to meet the 95 percent reduction requirement. 

Clarifying tt:st protocols for control t:qulpmt:nt 

• The 2012 NSPS allows owners/operators to use manufacturer-tested emission control 

device models (combustors) that have been demonstrated to reduce VOC emissions from 

storage tanks by 95 percent, rather than requiring field performance testing of these 

devices. 

• Today's proposal aligns the protocol that emission control manufacturers must use In 

testing the controls with the testing protocol required In EPA's 2012 air toxlcs regulations 

for storage tanks. 

• EPA also is proposing to allow tank owners/operators to use control devices that are 

designed to reduce VOC emissions by 95 percent, while the agency reviews issues raised In 

the reconsideration petitions related to field testing protocol requirements. EPA expects to 

address this Issue by the end of 2014. 

R~nfl Monttodnfl Rt:qulrements/Propost:d Rt:qulremt:nts for Tanks That Already HINt: 

Controls 

• The 2012 final NSPS required that tank owners/operators conduct a performance test and 

use a continuous parametric monitoring system (CPMS) to demonstrate that they are 

meeting requirements to reduce VOC emissions from tanks by 95 percent. 

• Several reconsideration petitions have said this requirement Is overly strict, based on the 

large number of storage tanks affected each year, and the remoteness of many of the well 

sites where the tanks are located. EPA is continuing to evaluate this Issue and will address It 

by the end of 2014. 

o EPA is proposing to streamline compliance and monitoring requirements for tanks 

that have already Installed VOC controls while the agency completes its evaluation 

of the monitoring issue. 

o For tanks with controls, the proposal would require monthly inspections of covers, 

closed-vent systems and control devices. This step Is expected to minimize VOC 
emissions by leading to prompt repairs, while requiring little or no specialized 

monitoring training or equipment. Records of these inspections, which can be 

conducted by personnel vlsltl ng the tank site for other work, must be kept on site. 

Tanks Subject to the Rule: 

• The proposed rule clarifies the type of storage tank that is subject to the NSPS. Tanks that 

are considered •affected sourcesN would have VOC emissions of 6 or more tons per year 

and are used to store crude oil, condensate, unrefined petroleum liquids known as 

uintermediate hydrocarbon liquids/ and produced water. Fuel tanks, for example, are not 

covered by these rules. 

• Storage tanks subject to the rule may be located anywhere along the oil and natural gas 

production process: from the natural gas well to the point where gas enters the distribution 

system; at any point from the well to the point where oil is transferred to the pipeline for 

crude oil production. Storage tanks located at refineries are not covered by this rule. 

Timing of Annual Reports 

• The 2012 final NSPS required that owners/operators submit an annual report on well 

completions, along with Information on storage tanks and other equipment constructed or 

modified during the year. The rule gave owners/operators 30 days to submit the report, 

which must be certified by a senior company official. Several of the reconsideration 

petitions noted that 30 days Is not enough time to compile the required Information and 

have the report signed by the senior official. EPA is proposing to give owners/operators 90 

days to submit this report. 

REQUESTING A PUBUC HEARING/HOW TO COMMENT 

• EPA will accept written comment for 30 days after this proposal is published in the Federal 

Register, and the agency will hold a public hearing if requested. 

• To request a hearing, contact Joan Rogers at (919) 541·4487, or by email at 

rogecs.!oanc@e!!j!.gpv. Hearing requests must be made within five days after this proposal 

is published In the Federal Register. 

o If a hearing is requested, it will be held In Research Triangle Park, N.C. To learn 

whether EPA Is holding a public hearing and for details, check EPA's website at: 

http://www.epa.goy/airguality/ollandgas. 

• There are multiple ways to submit written comments on the proposal. To ensure EPA 

receives your comments, identify them with this Docket 10 number: EPA·HQ..OAR-2010· 

0505. Then submit them using any of the following methods: 

4 
o Go to www.regulatlons.gov and follow the on-line instructions for submitting 

comments. 

o Send comments by email to a-and-r-docket@epa.gov, Attent1on Docket ID No. EPAHQ-OAR-201~505. 

o Fax your comments to: (202) 566-1741, Attent1on Docket ID No. EPA-HQ-OAR-2010-

0505. 

o Deliver your comments In person to: EPA Docket Center, EPA West, Room 3334, 

1301 Constitut1on Ave. N.W., Washington, D.C. 20460. Please include a total of two 

copies. Such deliveries are only accepted during the Docket's normal hours of 

operat1on (8:30a.m. to 4:30p.m., Monday through Friday, excluding legal holiday), 

and special arrangements should be made for deliveries of boxed information. 

o Mall your comments to: EPA Docket Center (EPA/DC), Environmental Protection 

Agency, Mail Code: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, 

Attent1on Docket ID No. EPA-HQ-OAR-2010-Q505. Please include a total of two 

copies. 

o More guidelines for submitting comments are available In the proposed rule, 

which is posted at http:l/www.epa.gov/airguality/oilandgas/actions.html 

BACKGROUND 

• On April17, 2012, EPA Issued cost-effective regulations, required by the Clean Air Act, to 

reduce harmful air pollution from the oil and natural gas industry, while allowing 

continued, responsible growth in U.S. oil and natural gas production. The final rules 

included the first federal air standards for natural gas wells that are hydraulically 

fractured, along with requirements for several of other sources of pollution in the oil 

and gas industry that were not previously regulated at the federal level. 

• After EPA issued the final rule, the Agency received pet1t1ons for reconsiderat1on from 

several industry and environmental organizations, and the Texas Commission on 

Environmental Quality. EPA is cont1nuing to evaluate other Issues raised in those 

petit1ons. 

o Industry groups that petlt1oned for reconsideration are: the American Natural 

Gas Association; the American Petroleum Association; Gas Processors 

Associat1on; the Interstate Natural Gas Association of America; the Texas Oil and 

Gas Association; the Western Energy Alliance; REM Technology Inc.; and Uointly) 

the Independent Petroleum Assoclat1on of America, Independent Oil and Gas 

Association of West Virginia, Inc., Kentucky Oil & Gas Association, Inc., Indiana 

Oil and Gas Association, Pennsylvania Independent Oil & Gas Association, Ohio 

5 
Oil and Gas Association, and the Illinois Oil & Gas Association. 

o Environmental groups that petitioned for reconsideration are: Earth]ustice; and 

Uolntly) Clean Air Council, the Clean Air Task Force, Environmental Defense Fund, 

Group Against Smog and Pollution, the Natural Resources Defense Council and 

the Sierra Club. 

6 
{ 

( 

STATEOFNEWMEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

lN THE l\tA1'TER OF PROPOSED 

AMENDMENTS TO AIR QUALITY REGULATfONS 

20.2.77 AND 20.2.82 NMAC No. EIB 13..07(R) 

NEW MEXICO ENVIRONMENT DEPARTMENT'S 

NOTICE OF INTENT TO PRESENT TECHNICAL TESTIMONY 

Pursuant to 20.1.1.302.A NMAC, the New Mexico Environment Department ("NMID" 

or "Department"') hereby submits its Notice of Intent to present technical testimony in this 

proceeding. 

1. Person Represented Bv the Technical Witnesses. 

The New Mexico Environment Department, Envicorunental J'rotection Division, Air 

Quality Bureuu. 

2. Nnme and Qunllfrcntions or Ench Technical Witness. 

Lany Weaver, Ms. Weaver is an Environmental Analyst in the Conu1ll Slmtcgies Unit of 

the Plnnning SL-ction of the Department's Air Quality Bureau. She is responsible for prcp.1ring, 

stale implementation plans, policies, and regulations for air quality. She has also sc1ved as the 

Bureau's Health ProJ,>ram Manager, with oversight over the Small Business Assistance Progrnm. 

Prior to ~oming to the Department, Ms. Wea\'er served as an Air Resources Engineer with the 

California Air Resl)ll[CL>S Board. 

Rita Bates. Rita Bates is the Section C11icf of the Planning Section of the Air Quality 

Bureau. She bas more !bun 20 years of experience in the environmental field, including fourteen 

years with the Department. In addition to her work for the Air Quality Bureau, Ms. Bates has 

NO. ElB IJ..07(R)-NMED'sN011CEOF iNTENT-PAGE 1 
worked in industry as an environmenllll coordinator and in enviromnentnl consulting as a project 

manager. Ms. Bates holds a B.S. in Biology from Humboldt State University. Her resume is 

attached as Exhibit 2. 

3. A Copy of the Directlcslimony ofEatb Witness in NarrnCivc Form. 

A copy of the direct testimony of Ms. Weaver is attached as Exhibit NMED 3. Ms. 

Weaver will provide a brief summary of her testimony during the hearing. TI1o Department does 

not intend to present direct testimony by Rita Bates, but may present ber as a rebuttal witness, 

and will make her available to assist in answering questions that may !:.'0 beyond U1c expertise of 

tbe diret:t witnesses. 

4. Text of Recommended 1\fodlflcations to the Proposed Regulatory Change 

The Department recommends thnt the Board udopt the proposed re~:.>ulatory changes to 

20.2. 77 and 20.2.82 NMAC as contained in E111ribit 4 & 5, respectively. Exhibit4 contains a 

change in the proposed date of incorporation of the federal siandards inlo 20.2.77 NMAC, as 

C()mpared to the request in the DL'!Xlrtmt,lL's petition. Specifically, the Department requests that 

that dale be SLjllcmber 23, 2013, ratht:~·than August29, 2013. Exhibit 5 contains proposed 

cha.nge.9 to 20.2.82 NMAC thut are identical to those proposed in the DeJ>artmenl's petition. 

5. List and Description of Exblhlts 

The Department submits the following exhibits: 

NMEDI 

NMED2 

NMEDJ 

NMED4 

Reswne ofLany Weaver 

Resume of Rita Bates 

Written Testimony ofLany Weaver 

Proposed Revised Amendments to 20.2.77 NMAC 

NO. EfB U-/Jl(H)-NMED's NOTICE OF INTENT-PAGE 2 
( 

NMEDS 

Nl'vfED 6 

NMED7 

NMED8 

NMED9a 

NMED9b 

NMED 10 

NMED II 

NMED 12 

NMEDI3 

NMED 14 

NMED 15 

NMED 16 

Proposed Amendments to 20.2.82 NMAC 

List of Recent FR Notices under Part 77 (40 CFR 60) and Part 82 (40 CPR 63) 

1985 Delegation of Authority Letter (NSPS nnd NESHAP) 

1995 Delegation of Authority Letter (MAGI) 

Public Notice (New Mexico Register) 

Public Notice (AlbUQ\1erque Journal, Spanish/English) 

July I, 2013 NMED Letter to Stakeholders 

September 23, 2013 Email to Stakeholders 

August 30, 2013 EPA Memo on !nadvc11cnt Errors 

Excerpts from Clean Air Act§§ Ill & 112 

Propose<l Statement of Reasons t(>r Au option of Rules 

Federal Register Notices (on CD only) 

Lcllcr to Small Business Regulatory Advisory Commission 

6. Rcsc•·ntion of Rigltts 

This Notice ofTntent to Present Technical Testimony is based on the Department's 

petition. The Department reserves the right to call any person to testify and to pres~'lll any 

exhibit in response to another notice of intent or puhlic comment filed in this matter or to any 

testimony or exhibit oilercd at the public heu1ing. The Department also reserves the right to call 

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

NO. EJB 13-07(R)- NMJ:.D 's N011CE OF INTENT- PAGE 3 
Respectfully submitted, 

NEW MEXICO ENVIRONMENT DEPARTMENT 

Bill Grantham 

Assistant General Counsel 

New Mexico Environment Department 

1190 SL Fr,lllcis Olive, Suite N-4068 

Santa Fe, New Mexico 87505 

505.222.9594 

bill.granthum@state.nm.us 

NO. EIB 13-0l(R)-NMED'sNOTICEOF JNTENT-PAG£4 
( 

( 

LANYWEAVER 

EDUCATION 

UNIVERSITY OF CALIFORNIA AT DAVIS 

B.S., Mt(htmkal Engineering, 1981. 

ExPERIENCE 

STATE OF N!!W M!!x:ICO, ENviRONMENT DI!PARTMI!NT 

AIR QUALITY BUREAU 

Enuimnmenlai.AJta&It, Planning St(/ion, Mf!Y 2001-prmnl 

Health Pmgr(JIII Managtr; Contml S trallgiti S tdion, M'!J 199 !J - M'!J 2001 

Enuimnmmta/ Enginmilrg Sptdali.rt, April 1990- M'!Y 1993 

The Control Strategy Section (now the Control Strategies Unit of the Planning Section) of 

the Air Quality Bureau is responsible for preparing state implementation plans, policies, and 

regulations for air quality. During the time that I was Health Program Manager, the section 

also included the Small Business Assistance Program. In addition to ~eloping and 

providing testimony regarding numerous air quality plans and regulations, I have developed a 

digital air quality regulatory archive tool to increase the accessibility of historical hearing 

records for staff and the public. 

CAI..IFORNL-\ AIR RI!SOURCI!S BOARD 

Sacramento, California 

Air &m1111%I Engineer, C4RB Stationary S 01111%I Diviiion, April 1981 - Marr:h 1984 

The staff of the California Air Resources Board develops statewide air quality regulations 

and plans, as well as model regulations for consideration by local Air Quality Management 

Districts, under the direction of the Board. To this end, CARB staff develops supporting 

documents and reports, conducts outreach, hosts workshops, and provides technical 

testimony at Board hearings when the regulations and plans are considered. As a staff 

member in the Stationary Sources Division, I participated in the development of several 

reports and regulations, including revisions to the limitations for lead in gasoline and sulfur 

in diesel fuel 

Exh. NMED 1 
( 

RITA BATES 

EDUCATION 

HUMBOlDT STATE UNIVERSITY, ARCATA, CALIFORNIA 

B.S., Biology, 1990. Mi110r i11 Bolally, qwpha.ri.t i11 Eevlogy. Allmdtwt da/$$ 1986-1990. 

ExPERIENCE 

STATE OF NEW MExiCO, ENviRONMENT DEPARTMENT 

AIR QuALITY BUREAU, PLANNING & Poucv SECTioN 

Staio" Chi¢ Mtnrh 200i-pmmt 

PFtlgtrJ111 Malia§" (Naml Sae-1 Matla§"-2), Matrb 2000- Mtnrh 200i 

Bllmo1f11111dai Sptaalm, DeN~~btr 1998- Mmrh 2000 

B11fliro1t111mtal Saeflli.rt, AJI/f!IJI 1998- Dem~~btr 1998 

The Planning & Policy section of the Air Quality Bureau is responsible for the control 

strategy, dispersion modeling, emission inventory and small business IISsistance progums in 

the Air Quality Buteau. The control strategy section of the Air Quality Buteau is responsible 

for preparing state implementation plans, policies, and regulations for air quality. The 

modeling section ensures that all air dispersion modeling analyses submitted to out agency 

are accurate and complete. The Small Business Assistance Program assists small businesses 

in meeting air quality regulatory requirements. 

EMPIRE GROUP, U.C 

Empire, Nevada 

Empire Group, U.C is the parent company for several entities wbich own and operate a 

geothermal power plant, an onion and garlic dehydration plant, several ranches, and a garlic 

seed operation. In my position as environmental coordinator, I was responsible for 

permitting at all facilities. 

JBR ENVIRONMENTAL CONSULTANTS, INC. 

Reno, Nevada 

Bll~.troMttl'ltal A.Jta!yn IV, Rewo OJ!ia Coordilfator/ MalflllP, ]11!J 1994-]11!11996 

E1111iTOK11UKtaiAJra!ytt lll,J•& 199)-]11!11994 

EwflirolfllttKta!AIItl}yst I, Jut 1990-]11!1199) 

As the manager of the Reno office, I supervised seven technical staff and one administrative 

employee. During my employment with JBR, I worlted on and managed numerous NEPA, 

environmental permitting and baseline projects. 

Exh. NMED 2 
( 

IN THE MATTER OF PROPOSED 

AMENDMENTS TO AIR QUALITY REGULATIONS 

20.2.77 AND 20.2.82 NMAC 

Proposed Revisions 

bbiblt NMED 3 

Written Testimony ofLany Weaver 

Envirollmental Analyst 

New Mexico Envb'onment Department 

Air Qnallty Bureau 

No. Em 13-07 (R) 

1 The Air Quality Bureau p!oposes amendments to the Air Quality Regulations at 20.2. 77 

2 NMAC- New Source Performance Standards ("NSPS'j and 20.2.82 NMAC -Maximum 

3 Achievable Control Technology Standards for Source Categories of Hazardous Air 

4 Pollutants ("MACTj. Copies of the proposed amendments, including a revised 

5 amendment, are included as Exhibits NMED 4 and 5. 

6 

7 Adoption of performance and emissions standards is authorized by the Air Quality 

8 Control Act (AQCA), which provides at 1978 NMSA § 74-2-S.C: 

9 

10 Regulations adopted by the environmental improvement board or the local board 

11 may: 

12 (2) prescribe standards of performance for sources and emission stsndards for 

13 hazardous air pollutants that, except as provided in this subsection: 

14 (a) shall be no more stringent than but at least as stringent as required by federal 

15 stsndards of performance; and 

16 (b) shall be applicable only to sources subject to such federal standards of 

17 performance; 

18 

19 Incorporation by reference of the federal standards is the best way to ensure that New 

20 Mexico's stsndards comply with all provisions of§ 74-2-S.C. The proposed amendments 

21 to Parts 77 and 82 include NSPS rules published in the Federal Register from January 1, 

22 2011 to September 23, 2013, and MACf rules poblished in the Federal Register from 

23 January 1, 2011 to August 29, 2013. A list of relevant Federal Register notices is 

24 included as Exhibit NMED 6. 

25 

26 Effect of Incorporation 

27 

28 Under the federal Clean Air Act ("CAA"), authority to implement and enforce the NSPS 

29 and MACf standards may be delegated to states. The EPA, however, retains the 

30 authority to enforce the standards directly. See CAA § lll(c) and§ 112(1)(7). New 

31 Mexico bas sought and obtained implementation authority. The EPA initially delegated 

32 authority to New Mexico for the NSPS program on March 15, 1985 in a letter to the 

Exh. NMED 3 
I governor (Exhibit NMED 7). New Mexico was granted authority to implement and 

2 enforce the Maximum Achievable Control Technology (MACT) Standards for Source 

3 Categories of Hazardous Air Pollutants by the EPA on July27, 1995 (Exhibit NMED 8). 

4 The Department periodically requests that the Board update the date of incorporation in 

5 the New Mexico Administrative Code in order to include new rules and amendments 

6 made to the federal regulations. 

7 

8 Implementation of the standards by the Department is more efficient and effective than 

9 reliance on federal implementation. Department personnel routinely inspect affected 

1 0 sources to determine compliance, and Department permit writers develop pennit 

11 conditions for new and modified sources. Therefore, the Department is well positioned 

12 to determine which standards are applicable to sources and to determine source 

13 compliance. While EPA retains oversight authority through the Region 6 offices in 

14 Dallas, EPA does not have the staff and resources to perform day-to-day implementation. 

15 Generally, both the EPA and the regulated conununity prefer that the Department 

16 implement and enforce the air quality regulations. 

17 

18 PubllcOutreach 

19 

20 The public notices for this proposal and hearing were published in the New Mexico 

21 Register (Exhibit NMED 9a) and in the Albuquerque Journal in both English and Spanish 

22 (Exhibit NMED 9b). NMED conducted additional outreac:h directly to potential 

23 stakeholders1

• On July 1, 2013 we sent a letter (Exhibit NMED 1 0) informing them of 

24 this proposal, and on September 23,2013 we sent a follow-up email (Exhibit NMED 11) 

25 informing them ofNMED's plan to amend our proposal for Part 77. At the time of this 

26 filing, NMED has received no substantive comments regarding the proposal. 

27 

28 Proposed Changes to Part 77 

29 

30 The EIB first adopted New Source Performance Standards (NSPS) by reference in 1984. 

31 These federal standards are contained within Title 40 of the Code of Federal Regulations 

32 Part 60 (40 CFR Part 60). In the Department's hearing request, we proposed that 20.2.77 

33 NMAC be amended to incorporate by reference the federal requirements pertaining to 

34 NSPS promulgated by the EPA from January I, 20ll to August 29,2013. There were 

35 twenty four (24) NSPS changes during this time period for proposed incorporation. 

36 

37 The amendment of one additional NSPS, referred to as Subpart 0000 or "quad 0", was 

38 finalized and released to the public on August 2, 2013, but not published in the Federal 

39 Register until September 23, 2013. During that delay, EPA corrected inadvertent errors 

40 in the final rule but made no substantive changes (Exhibit NMED 12). Because this rule 

41 is of particular interest to the oil and gas industry and was available almost a month 

42 before the beginning of the public comment period for this hearing began, the 

43 Department is requesting that the date "August 29, 20 13" in the proposed rule be 

44 amended to "September 23, 2013" (See Exhibit NMED 4). Doing so would result in only 

1 The slllkeholder list includes industry organizations, consultmts, public interest groups, and all companies 

with air qualily permits. 

Exhibit NMED 3- Testimony of Lany Weaver- page 2 
( 

( 

I one additional item, the amendments to NSPS Subpart 0000, to the list of those 

2 incorporated by reference in Part 77. On September 23, 2013, the Department informed 

3 stakeholders of this amendment to the Department's proposal. See Exhibit NMED 11. 

4 

5 Proposed Changes to Part 82 

6 

7 The Em first adopted Maximum Achievable Control Technology Standards for Source 

8 Categories of Hazardous Air Pollutants by reference in 1994. These federnl standards are 

9 contained within Title 40 of the Code ofFedernl Regulations Part 63 (40 CFR Part 63). 

10 The Department is proposing that 20.2.82 NMAC be amended to incorporate by 

11 reference the federal requirements pertaining to MACT standards promulgated by the 

12 EPA from January 1, 2011 to August 29,2013. There were thirty (30) MACT changes 

13 during this time period for proposed incorporation. Nine (9} of the changes involved 

14 changes to an NSPS as well as a MACT rule. 

15 

16 Federal Register Notiees for Revisions to 40 CFR Parts 60 and 63 

17 The Federal Register Notices are formal announcements of new or revised regulations, 

18 including New Source Performance Standards and Maximum Achievable Control 

19 Technology Standards for Source Categories of Hazardous Air Pollutants. As previously 

20 noted, Exhibit NMED 6 is a list of the notices announcing the amendments being 

21 incorporated in this proposal, including the date of publication. the Part(s) ofCFR Title 

22 40 (either Part 60, Part 63 or both) amended, and the title of the notice. NSPS Subpart 

23 0000, published on September 23, 2013, is highlighted, as it would not be included if 

24 the Board adopts Part 77 as originally proposed. If printed, these notices would total 

25 1660 pages. As a result, the full text Federal Register Notices are included on the CD 

26 only as Exhibit NMED 15. The file name for each rule corresponds to the tile name 

27 listed in Exhibit NMED 6. 

28 

29 Effect on SmaU Business 

30 

31 Pursuant to the Small Business Regulatory Relief Act, 1978 NMSA § 14-4A·l, et seq., 

32 the Bureau has determined that the regulatory changes proposed in this action will not 

33 have an adverse effect on small business. This determination is based on the fact that the 

34 proposed amendment will not impose additional substantive requirements on facilities, 

35 but will simply retain implementation authority with the State ofNew Mexico rather than 

36 the U.S. EPA. Additionally, the New Mexico Environment Department-Small Business 

37 Environmental Assistance Program provides ongoing technical assistance for small 

3 8 businesses regarding new and existing environmental regulatory requiremc:nts. 

39 

40 

Exhibit NMED j. Testimony of Lany Weaver- page 3 
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T1TLE20 

CBAPTER2 

PART77 

ENVIRONMENTAL PROTECTION 

AIR QUALITY (STATEWIDE) 

NEW SOURCE PERFORMANCE STANDARDS 

20.2.77.1 lSSUJNG AGENCY: New MCllico &vironmental Impro-t Board. 

[06116195; 20.2.77.1 NMAC ·ltD, 20NMAC2.77.10006123/00] 

20.2.. 77 .l SCOPE: Any 81ati0lllll'y IOutce .:onsuucting or modif:ying ll!ld which is subjeel to the 

requjrcmcnw of 40 CFR Part 60, as amended lhroup [);leeemher ll, 2919] Smrmplw23. 2013. 

[06116195, 11-19-97, 9-8.99; 20.2.77 .2 NMAC • Rn20 NMAC 2.77.101 & A, 06123/00; A, 02/18/02; A, 06/13/03; 

A, 06/IS/07; A, 08/17/09; A, 09/02111; A, xx/xxlxx] 

20.2. 77 :J ST A TIJTORY AUI'IIORITY: The cavironmcntal impro\'CtiiOllt board "sltall promulgate 

regulations aad standards ill. .. air quality managem1111f' (NMSA 1978, Sec!i01174-1·8.A) aad "replations adopted 

by thc t111vironmental impro\'CtiiOllt board ... sball ... tiiiSIII'C that rcgula!ioll!l aad standarda llllder ... the federal aet will 

not be violated." (NMSA 1978, See!i01174·2·7.B). 

{06/16195; 20.2.77.3 NMAC -Ito, 20 NMAC 2.77.102 06123100] 

20.2..77.4 DURATION: Pcrmammt. 

[06116195; 20.2.77.4 NMAC ·ltD, 20 NMAC 2.77.103 06123/00] 

20.2..77.5 EFFECTIVE DATE: JIIIIC 16, 1995, except when: a later date is cited at thc end of a section or 

paragraph. 

[06/16/95, 08102196; 20.2.77.5 NMAC ·ltD, 20 NMAC 2.77.104 6123/00] 

[The latcet cffccti"" dale of uy aection in Ibis part is xx-xx-xx] 

20.2.77.6 OBJECTIVE: The objeetiVl: of Part 77 of Chapter 2 is to adopt or establish state authority to 

implement new source pcrfODIWICe standards for stationary soun:c:s in New Mexico subject to 40 CFR Part 60. 

(06116/95; 20.2.77.6 NMAC -Ito, 20 NMAC 2.77.105 06123/00] 

'1.U.77.7 · DEFINmONS: {RESERVED] 

[20.2.77.7 NMAC • N, 06123/00} 

20.1.77.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This part amends ll!ld 

supcrscdcs Air Quality Control Regulation (AQCR) 750,last 61cd on APril tO, 1994. All references to AQCR 750 

in any other rule sltall be undcmood u a rd:tence to this part. 

[06116195; 20.2.77.8 NMAC -Ito, 20 NMAC 2.77.106 06123100] 

20.2..77.9 ADOPTION OF 40 CFR PART60: Ell.ceptas otherwise provided, the new sou.rec perfollllllllce 

llllmdards as prolllUigated by the United States cnvimnmt:ntal protection agency, 40 CfR Part 60, as amended in the 

Federal Register lhrough[Qeeomher 31, 2919) Sopt.mher 23. 2013 are hen:by incotporatcd into Ibis part (20.2.77 

NMAC]. 

[06/16195, 08/02196, 11119197, 09108/99; 20.2.77.9 NMAC • Rn 20 NMAC 2.77.107 &A, 06102/00; A, 02/18/02; A, 

06/13/03; A. 06/1"07; A. 08/17/09; A, 09102111, A, xx/xxlxx) 

20.2.77.10 MODIFICATIONS AND EXCEPTIONS: The following UIOdifications or exceptions are lllade 

to the incorporated federalatandards. 

A. Amend 40 CfR Part 60, Section 60.2, Definitions, as follows: For thc purposes of delcsatioo of 

authority which the adlllinistrator of the United Star.os environlllCDW protection agency may, in bis discretio!l, 

deleg-.. to the sccrctary of tho New Mexico cmvironment depattmmt, "adlllinislrator" means the secretary of the 

department or his authoriud reprcse~~tative. 

B. &elude 40 CfR ·Part 60, Subpart AAA- Standards of Performance for New Residential Wood 

Heaters. 

C. The fcdcralllllmdards of performance incorporated by Ibis rcgula!iOII sball not be subject to 

NMSA 1978, Scc!i01174-2-8 (VIIrilmces). 

20.2.77 NMAC 

Exh. NMED 4 
1 D. Exclude 40 CFR Part 60, Subpart HHHH, Emission Guidelines and Compliance Times for Cnal2 Fired Electric Steam Generatina Units. 

3 [06116/9S; 20.2.77.10 NMAC -Rn, 20 NMAC 2.77.108 06123/00; A, 06/JS/07) 

4 

S 20.2.77.11 DOCUMENTS: DocumeniS incorporated and cited in this Part may be viewed at the New 

6 Mexico environment department, air quality bureau, 1301 Siler Road, Building B, Santa Fe NM, 87S07. 

7 [06/16/9S; 20.2.77.11 NMAC- Rn, 20 NMAC 2.77.109 06123100; A, 08/17/09) 

8 

9 HISTORY OF 10.2.77 NMAC: 

10 Pre-NMAC Ulltnry: The material in this part was derived from that p>:eviously filed with the Commission of 

II Public Records-State Records Center and An:hives. 

12 EIB/AQCR 7SO, Air Quality Control Regulation 7SO- New Source PerforDlBIICe Standanls, 07/24/84. 

13 EIB/AQCR 7SO, Air Quality Cnntrol Regulation 7SO ·New Source Perfonnance Standanls, 08118/87. 

14 EIB/AQCR 7SO, Air Quality Control Regulation 7SO ·New Source Perfu1D18Dce Standanls, 07/07/88. 

IS EIB/AQCR 7SO, Air Quality Control Regulation 7SO ·New Source Perfonnance Standards, 04/27/89. 

16 EIB/AQCR 7SO, Air Quality Control Regulation 7SO- New Source Perfonnance Standanls, OS/29190. 

17 EIB/AQCR 7SO, Air Quality Control Regulation 7SO- New Source Perfonnance Standards, 04/22/91. 

18 EIB/AQCR 7SO, Air Quality Control Regulation 7SO- New Source Perfonnance Standards, 04/14192. 

19 EIB/AQCR 7SO, Air Qoality Cnntrol Regulation 7SO- New Source PerforDlBIICe Standards, 04/21/93. 

20 EJB/AQCR 7SO, Air Quality Cnntrol Regulation 7SO- New Source Perfonnance Standards, 04/12194. 

21 

22 History of Repealed Material: [RESERVED] 

23 

24 Other History: 

2S Em/AQCR 7SO, Air Quality Cnntrol Regulation 7SO- New Source Perfonnance Standards, filed 04/12/94 was 

26 reDDmbered into first venion of the New Mexico Administrative Cnde as 20 NMAC 2.77, New Source 

27 Performance Standards, filed OS/1719S. 

28 20 NMAC 2. 77, New Source Perfonnance Standards, filed OS/11/9S, was renumbered, reformatted, amended 

29 and replaced by 20.2.77 NMAC, New Source Perfunnance Standards, effective 06/23100. 

30 

\. 

20.2.77 NMAC 2 
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TITLE20 

CHAPTER% 

PARTS% 

ENVIRONMENTAL I'ROTECTION 

AIR QUALITY (STATEWIDE) 

~AOWEVABLECONTROLTECBNOLOGYSTANDARDSFORSOURCE 

CATEGORIES OF HAZARDOUS AIR POLLUTANTS 

%0.1.82.1 ISSUING AGENCY: New Mexico Enviromnentallmprowment Boaro. 

[Rn, 20 NMAC 2.82.1, 08114/98; 20.2.82.1 NMAC ·R.n., 20 NMAC 2.82.100 06123/00] 

20.1.8%.% SCOPE: Ali110111"CeS emitting hazardous air poUutants, which are subjec:t to the requirements of 

40 CFR Part 63,15 ameoded throush [&;lmmllw Jl, a919]August29, 2013. 

[Rn, 20 NMAC 2.82.2, 08114198; A, 08114198, 09108199; 20.2.82.2 NMAC • Rn20 NMAC 2.82.101 & A, 06123100; 

A, 02/18102; A, 06/13/03; A, 06108107; A, 08117109; A, 09102111] 

20.2.8%.3 STATUTORY AUTHORITY: Enviromnentallmprovement Act, NMSA 1978, Section 74-1-8 

(A) (4) and (7), and Alt Quality Comro1 Act, NMSA 1978, Sec:tiooa 74-2-1 et seq., illcJudins epedticaUy, Sec:tion 

74-2-S (A), (B) and (C). Section 74-2-S (C) provides tbat "reguuations adopted by the enviromnental improYement 

boW !Il&Y prescribe llalldarda of pcri'ormance mr liOIII:ceS and emiasio!llllalldarda lbr hazardous air pollulaats .•. " 

[Rn, 20 NMAC 2.82.3, 08/14198; A, 08/14198; 20.2.82.3 NMAC • Rn, 20 NMAC 2.82.102 06123100] 

%0.%.82.4 DURATION: Permanent 

[Rn, 20 NMAC 2.82.4, 08114/98; 20.2.82.4 NMAC ·R.n., 20 NMAC 2.82.103 06123/00] 

%0.2.82.5 EFFECTIVE DATE: November 27, 1994, except where a later dale is cited attbund ofa 

section or paragraph. 

[Rn, 20 NMAC 2.82.S, 08/14198; A, 08114198; 20.2.82.S NMAC • Rn, 20 NMAC 2.82.104 06123100] 

(The latest effective dare of any section in this part is Seprcmber 2, 2011 J 

%0.2.8%.6 OBJECTIVE: The objeeti'l'e of tbls part is to adopt or establish state authority to implement 

emiasion standarda for bazatdou.s air poUutants for the ~ categories in New Mexico subject to federal standards. 

The US EPA requires New Mexico to adopt such atandarda in older to implement requirements in Section 112 of the 

Clean Alt Act 

[Rn, 20 NMAC 2.82.6, 08114198; A, 08114198; 20.2.82.6 NMAC • Rn, 20 NMAC 2.82.10S 06123100] 

20.2.82.7 DEPINITIONS: ~) 

[20.2.82. 7 NMAC • R.n., 20 NMAC 2.82.1 07 06123100] 

20.2.8%.8 ADOPTION OF 40 CJ.l'R PART 63: Except u otherwise provided in aection 20.2.82.10 NMAC 

{below), the national emission standards for hazardous air pollutants lbr soun;e categories as promulpted by the US 

EPA, 40 CFR Part 63, as •!M!!I!ed in the Federal Register through [l;)ooo1Bl!erll1 2019] AugwJ! 29, 2013 are hereby 

inc:orponoted into tbls part (20.2.82 NMAC). 

[Rn, 20 NMAC 2.82.7, 08114198; A, 08/14198, 09108199; 20.2.82.8 NMAC • Rn 20 NMAC 2.82.106 & A, 061'23100; 

A, 02/18102; A, 06/13103; A. 06108/07; A. 08117109; A. 09/02/11] 

20.2.82.9 SOURCES SUBJECT TO 40 CJ.l'R 63.40 • 63.44 OF SVBP ART B (COIUiructetl and 

Reconstructed Major Soar- of Hazardo1111 A1r PollatiUlts): The owoer or operator of a source subject to these 

provisions, lhst win be constructing or n:eot~~~!nlcting after 1wle 29, 1999, ohall not constn1ct or reeonstruc:t liDless: 

A. !be soun:c has received a maximum achievable control technology (MACT) determination 1111d 

approval from the depotlment under this part; and 

B. the MACT determination and approval has been incolporated into a permit under 20.2. 72 NMAC 

- Construction Penni Is or 20.2. 70 NMAC • ()pclating Permits. 

[08/14198; 20.2.82.9 NMAC • Rn, 20 NMAC 2.82.108 06123100] 

%0.2.82.10 MODIFICATIONS AND EXCEPTIONS: The following modificatioDS or exceptions are made 

to the illcorporated tioderalotandarda: 

A. gll!ICI11l provisicms: Amend 40 CFR. Part 63, Subpart A· General Provisions, Section 63.2, 

20.2.82 NMAC Exh. NMED 5 
1 DefinitioDS, as follows: For the purposes of delegation of authority which the .Adminislrator of the US EPA may, in 

2 his or her discretion, do~A!pto lo !he leCI'el.llly of !he New Me><ico environment dcpanmem. "adminislrator" means 

3 !he se<:rctary or bislber authorized~. 

4 B. variances: The federal emission standards incalporalcd by Ibis Part shall oot be subject to NMSA 

S 1978, Section 74-2-8 (Variances). 

6 C. conslluclcd and n!COIISirUCied major sour=: The effective date for incorporation of 40 CFR 

7 63.40 - 63.44 of Subpart B Ulldt:r 20.2.82.8 NMAC sball be June 29, 1999. 

8 [Rn. 20 NMAC 2.82.8, 08/14198; A, 08114/98; 20.2.82.10 NMAC- Rn, 20 NMAC 2.82.109 06123/00] 

9 

10 20.2.8:2.11 DOCUMENTS: Documents incotporated IIIII cilcd in Ibis part may be viewed at the New 

11 Me><ico environment department, air quality bureau, 1301 Silet Road, Building B, Santa Fe NM, 87507. 

12 (08114/98; 20.2.82.11 NMAC- Rn, 20 NMAC 2.82.110 06123/00; A, 08/17109] 

13 

14 WSTORY OF 20-2.82 NMAC: 

15 Pre-NMAC History: None. 

16 

17 Blllory of Repealed Material: [RESERVED] 

18 

19 Oilier History: 

20 20 NMAC 2.82, Ma:Jtimum Achievable Con!rol Technology Standards For Source Categories OfHazan:lous Air 

21 Pollulants, effective 11127/94. 

22 20 NMAC 2.82, Ma:Jtimum Achievable Control Techllolo8Y Standards For Source Categories OfHazardous Air 

23 Pollutants (filed 10128194) was reaumbered, nformatled, amended ud replaced by 20.2.82 NMAC, Maximum 

24 Achievable Control Teclmoloay Standards For Source Categories OfHazardous Air Pollutants, effective 06123/00. 

20.2.82 NMAC 2 
Lf'f Amendments to 40 CFR 60 and 63 Published in the Federal Rer' from January 1, 2011 to August 29, 2013 and September 23, 2t 

Date of Federal 

PDF name Register 40 CFR Part(s) Title I paps 

Standards of Performance for Fossil-Fuel-Fired, Electric Utility, IndustrialCommercial-Institutional, and Small Industrial-Commercial-Institutional Steam 

2011-1008 1/20/2011 60 Generating Units 8 

National Emission Standards for Hazardous Air Pollutants From the Portland 

Cement Manufacturing Industry and Standards of Performance for Portland 

2011-759 1/18/2011 60 and 63 Cement Plants 6 

National Emission Standards for Hazardous Air Pollutants for Source Categories: 

Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and 

2011-906 1/24/2011 63 Gasoline Dispensing Facilities 31 

National Emission Standards for Hazardous Air Pollutants: Gold Mine Ore 

Processing and Production Area Source Category; and Addition to Source Category 

2011-2608 2/17/2011 63 Ust for Standards 41 

2011-4310 2/25/2011 60 Standards of Performance for New Stationary Sources; Correction 1 

National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal 

2011-5196 3/9/2011 63 Combustion Engines 11 

National Emission Standards for Hazardous Air Pollutants for Chemical 

2011-5778 3/14/2011 63 Manufacturing Area Sources 2 

Standards of Performance for New Stationary Sources and Emission Guidelines for 

2011-4491 3/21/2011 60 Existing Sources: Sewage Sludge Incineration Units 84 

National Emission Standards for Hazardous Air Pollutants for Area Sources: 

2011-4493 3/21/2011 63 Industrial, Commercial, and Institutional Boilers S4 

National Emission Standards for Hazardous Air Pollutants for Major Sources: 

2011-4494 3/21/2011 63 Industrial, Commercial, and Institutional Boilers and Process Heaters 96 

Standards of Performance for New Stationary Sources and Emission Guidelines for 

2011-4495 3/21/2011 60 Existing Sources: Commercial and Industrial Solid Waste Incineration Units 88 

Standards of Performance for New Stationary Sources and Emissions Guidelines for 

2011-7899 4/4/2011 60 Existing Sources: Hospital/Medical/Infectious Waste Incinerators 9 

Exh. NMED 6 

1 
f Amendments to 40 CFR 60 and 63 Published in the Federal Rel from January 1, 2011 to August 29, 2013 and September 23, 2L 

Date of Federal 

PDF name Reclster 40 CFR Part(s) r11:1e lpaaes 

National Emission Standards for Hazardous Air Pollutant Emissions: Group I 

Polymers and Resins; Marine Tank Vessel loading Operations; Pharmaceuticals 

2011-8168 4/21/2011 63 Production; and the Printing and Publishing Industry 38 

National Emission Standards for Hazardous Air Pollutants From the Portland 

Cement Manufacturing Industry and Standards of Performance for Portland 

2011-12095 S/17/2011 60 and 63 Cement Plants 9 

Industrial, Commercial, and Institutional Boilers and Process Heaters and 

2011-12308 5/18/2011 60 and 63 Commercial and Industrial Solid Waste Incineration Units 3 

Amendments to National Emission Standards for Hazardous Air Pollutants for Area 

2011-15274 6/20/2011 63 Sources: Plating and Polishing 10 

Standards of Performance for Stationary Compression Ignition and Spark Ignition 

2011-15004 6/28/2011 60 Internal Combustion Engines 26 

2011-16462 6/29/2011 60 Standards of Performance for New Stationary Sources; Correction 3 

National Emission Standards for Hazardous Air Pollutants From Petroleum 

2011-17901 7/18/2011 63 Refineries· Partial Withdrawal of Final Rule 4 

Amendments to National Emission Standards for Hazardous Air Pollutants for Area 

2011-23806 9/19/2011 63 Sources: Platinl! and Polishinl! 11 

National Emission Standards for Hazardous Air Pollutant Emissions for Primary lead 

2011-29287 11/15/2011 63 Processing 27 

National Emission Standards for Hazardous Air Pollutant Emissions for Shipbuilding 

and Ship Repair (Surface Coating); National Emission Standards for Wood Furniture 

2011-29457 11/21/2011 63 Manufacturing Operations 27 

National Emission Standards for Hazardous Air Pollutants: Area Source Standards 

2011-32835 12/23/2011 63 for Prepared Feeds Manufacturing; Amendments 6 

National Emissions Standards for Hazardous Air Pollutants From Secondary lead 

2011-32933 1/5/2012 63 Smelting 37 

Incorporation of Revised ASTM Standards That Provide Flexibility in the Use of 

2012-712 1/18/2012 60 Alternatives to Mercury-Containing Industrial Thermometers 11 
L( 'Amendments to 40 CFR 60 and 63 Published in the Federal Re{'"""' from January 1, 2011 to August 29, 2013 and September 23, 2L 

Date af Federal 

PDF name Rellister 40 CFR Part(s) Title , paps 

National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired 

Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel 

Fired Electric Utility, Industrial-commercial-Institutional, and Small Industrial2012-806 2/16/2012 60and 63 Commercial-Institutional Steam Generating Units 211 

National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and 

2012-6421 4/17/2012 63 Copglymers Production 102 

National Emission Standards for Hazardous Air Pollutants From Coal and Oil-Fired 

Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel 

Fired Electric Utility, Industrial-commercial-Institutional, and Small Industrial2012-8703 4/19/2012 60and 63 Commercial-Institutional Steam Generating Units; Correction 11 

Method 16C for the Determination of Total Reduced Sulfur Emissions From 

2012-18513 7/30/2012 60 Stationary Sources 7 

2012-19691 8/14/2012 60 New Source Performance Standards Review for Nitric Acid Plants 16 

Oil and Natural Gas Sector: New Source Performance Standards and National 

2012-16806 8/16/2012 60 and 63 Emission Standards for Hazardous Air Pollutants Reviews 112 

National Emission Standards for Hazardous Air Pollutants From the Pulp and Paper 

2012-20501 9/11/2012 63 Industry 18 

Standards of Performance for Petroleum Refineries; Standards of Performance for 

Petroleum Refineries for Which Construction, Reconstruction, or Modification 

2012-20866 9/12/2012 60 Commenced After Mav 14, 2007 60 

National Emission Standards for Hazardous Air Pollutant Emissions: Hard and 

Decorative Chromium Electroplating and Chromium Anodizing Tanks; and Steel 

2012-20642 9/19/2012 63 Pickling-Hd Process Facilities and Hydrochloric Acid Regeneration Plants 35 

National Emission Standards for Hazardous Air Pollutants for Chemical 

2012-30698 12/21/2012 63 Manufacturing Area Sources 26 

National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal 

Combustion Engines; New Source Performance Standards for Stationary Internal 

2013-01288 1/30/2013 60and 63 Combustion Engines 52 

National Emission Standards for Hazardous Air Pollutants for Major Sources: 

2012-31646 1/31/2013 63 Industrial, Commercial, and Institutional Boilers and Process Heaters 77 

3 
l f Amendments to 40 CFR 60 and 63 Published in the Federal Re1. from January 1, 2011 to August 29, 2013 and September 23, 2L 

Date of Federal 

PDF name Resister 40 CFR Part(s) Title 11 pa&es 

National Emission Standards for Hazardous Air Pollutants for Area Sources: 

2012-31645 2/1/2013 63 Industrial, Commercial, and Institutional Bailers 36 

Commercial and Industrial Solid Waste Incineration Units: Reconsideration and 

2012-31632 2/7/2013 60 Final Amendments; Non-Hazardous Secondary Materials That Are Solid Waste 103 

National Emission Standards for Hazardous Air Pollutants for the Portland Cement 

2012-31633 2/12/2013 60 and 63 Manufacturing Industry and Standards of Performance for Portland Cement Plants so 

National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal 

2013-01288- Combustion Engines; New Source Performance Standards for Stationary Internal 

correction 3/6/2013 60and 63 Combustion Engines; Correction 1 

Final Rule; Reconsideration of Certain New Source Issues: National Emission 

Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility 

Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric 

Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial2013-24073 4/24/2013 60 and 63 Institutional Steam Steam Generating Units 22 

Federal Plan Requirements for Hospital/Medical/Infectious Waste Incinerators 

Constructed On or Before December 1, 2008, and Standards of Performance for 

2013-28052 5/13/2013 60 New Stationary Sources: Hospital/Medical/Infectious Waste Incinerators; Final Rule 28 

National Emission Standards for Hazardous Air Pollutants From Petroleum 

2013-14624 6/20/2013 63 Refineries 16 

Oil and Natural Gas Sector: Reconsideration of Certain Provisions of New Source 

2013-22010 9/23/2013 60 Performance Standards [Subpart 0000) 34 

Total number of pages: 1660 
.. . - ' •. 

( 

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'---·-

. . J F. A ' f"il erl: 1\:..1. dl.L 

r-Y.z 

/ 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ?.}t1f ";) ... GION Yl ;/( 

..:.:::..~-::::.":::, {!'I -0 5 -I D) 1 Jtj,~ March 15, 1985 

Honorable Ton~ Anaya Governor of New Mexico 

Santa Fe, New Mexico 87503 

Dear Governor Anaya: 

In response to your letter of October 19, 1984, I am pleased to grant 

your request for delegation of authority for Implementation and enforcement of New Source Performance Standards and National Emfssfon•Stanllards···· 

for Hazardous Afr Pollutants to the New Mexico Environmental Improvement Dfvfsfon. 

The pertinent laws of the State of New Mexico and the rules and regulations of the New Mexico Environmental Improvement Dfvfslon have been reviewed 

and have been found to provide an adequate and effective procedure for 

fmplementatfon and enforcement of the New Source Performance Standards 

and National Emission Standards for Hazardous Afr Pollutants by the New 

Mexico Environmental Improvement Dfvlsfon and the State of New Mexico. 

The resources and cap&bflftles of the New Mexico Environmental Improvement Division have been found to be adequate to Implement and enforce these 

programs. 

Therefore, I am delegating authority to the New Mexico Environmental 

Improvement Division to Implement and enforce New Source Performance 

Standards and National Emission Standards for Hazardous Afr Pollutants, 

promulgated by the Environmental Protection Agency (EPA) through March 14, 

1984, and December 9, 1983, respectively. This delegation of authority Is granted pursuant to Sections 111(c) and 112(d) of the Clean Air Act, and Is subject to the conditions and limitations stated fn the delegation. Except as specifically limited fn this letter, all of the authority and 

responsfbflltfes of the Administrator or the Regional Administrator 

whfch are found fn 40 CFR Part 60 and 40 CFR Part 61 as of the date of 

thfs letter are delegated to the New Mexico Environmental Improvement Division. AnY of such authority and responslbllftfes may be redelegated by the Dfvlsfon tofts Director or staff. 

In addition, the New Mexico Environmental Improvement Division will maintain 

partial delegation of authority for the technical and administrative 

rev few of New Source Performance Standards promulgated or revised after 

March 14, 1984, and of National Emfssfon Standards for Hazardous Afr 

Pollutants promulgated or revised after December 9, 1983. Thfs partial delegation of authority fs also subject to the conditions and limitations 

stated fn the delegation. 

Exh. NMED 7 
2 

Since this delegation 1s effective Immediately, there 1s no requirement 

that the State notify the EPA of 1ts acceptance. Unless the EPA receives 

from the State of New Mexico a written notice of objection w1th1n ten 

days of th~ date of receipt of this letter, the State of New Mexico and 

the New Mexico Environmental Improvement D1v1s1on will be deemed to have 

accepted all of the terms of the delegation. 

Enclosure 

cc: Denise Fort, Director 

New Hex1co Environmental Improvement Division 

P. o. Box 968, Crown 8u11d1ng Santa Fe, New Mexico 87504-0968 
( 

PROVISIONS 

for 

FULL DELEGATI ON 

for the 

NATIONAL EMISSION STANDARDS FOR 

HAZARDOUS AIR POLLUTANTS (NESHAP) AUTHORITY 

( and 

NEW SOURCE PERFORMANCE STANDARDS (NSPS) AUTHORITY 

to the 

STATE OF NEW MEXICO 

(40 CFR Parts 60 and 61) 

EFFECTIVE DATE: 

March 15, 1985 
Introduction 

On October 19, 1984, the Governor of New Mexico requested that the u.s. 

Environmental Protection Agency (EPA) delegate full authority to New 

Mexico for the New Source Performance Standards (HSPS) program and for 

the National Emission Standards for Hazardous Air Pollutants (HESHAP) 

program. The Governor based his request upon the adoption by the New 

Mexico Environmental Improvement Board of Air Quality Control Regulation 750 (New Source Performance Standards), and Air Quality Control Regulation 751 (Emission Standards for Hazardous Air Pollutants) on July 13, 1984. 

Under the New Mexico Air Quality Control Act, the City of Albuquerque and Bernalillo County have established a program for the local administration and enforcement of the Air Quality Control Act, In lieu of the New 

Mexico Environmental Improvement Board. The authority delegated In this 

document excludes those sources located within the boundaries of Bernalillo 

County. 

Full Delegation 

EPA has reviewed the Governor's request, Air Quality Control Regulations 750 and 751, and all other available Information on the Hew Mexico Environmental Improvement Division (NMEID), Including Its Implementation of 

the partial delegation of these programs. EPA finds that the NMEID has 

an adequate and effective procedure for lmpl ementlng and enforcing the 

NSPS and HESHAP programs In the State of New Mexico, except for Indian 

lands, as defined at 18 u.s.c. §1151. Therefore, EPA hereby delegates the following authority for the Implementation and enforcement of the 

NSPS and NESHAP to the State of New Mexico, subject to the conditions 

and limitations specified below: 

1. Authority for all sources located In the State of Hew Mexico, outside 

Indian lands, subject to the NSPS promulgated In 40 CFR Part 60 through 

March 14, 1984. 

2. Authority for all sources located In the State of New Mexico, outside 

Indian lands, subject to the NESHAP promulgated In 40 CFR Part 61 through 

December 9, 1983. 

Conditions and Limitations 

1. Implementation and enforcement of NSPS and HESHAP In the State of 

New Mexico, outside Indian lands, will be the primary responsibility of 

the NMEID. If the State of New Mexico or the NMEID determines that such 

Implementation or enforcement Is not possible or feasible, either with 

respect to an Individual source, a clas~ of sources, or generally, the 

NMEID shall, within 30 days, notify EPA Region 6 of such Impossibility 

or Infeasibility so that EPA may timely exercise Its concurrent authority 

with respect to sources within the State of New Mexico. 

2. Acceptance of this delegation constitutes agreement by the State of 

New Mexico and the NMEID to follow all Interpretations, past and future, 

made by EPA of 40 CFR Parts 60 and 61, Including determinations of appll-
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2 

cabl11ty. Prior EPA concurrence shall be obtained on any matter Involving the Interpretation of Sections 111 or 112 of the Clean Air Act or 40 CFR 

Parts 60 or 61 to the extent that application, Implementation, adminIstration, or enforcement of these sections have not been covered by prior EPA determinations or guidance. 

3. The State of Hew Mexico and the NMEID are not authorized to approve 

or disapprove any application, exemption, variance, or grant waiver of 

compliance with any provision of 40 CFR Part 61. The State of New Mexico 

or the NMEID are, however, authorized to receive, review, evaluate, and 

recommend to EPA approval or disapproval of an application, exemption, variance or waiver, 

4. The Federal NSPS regulations In 40 CFR Part 60, as amended, do not 

have provisions for granting waivers by class of testing requirements or 

variances, hence this delegation does not convey to the State of New Mexico 

or the NMEID authority to grant waivers by class of testing requirements or 

variances from NSPS regulations, 

5. The State of New Mexico and the NMEID shall utilize the methods 

specified In applicable Appendices and Subparts of 40 CFR Parts 60 or 

61 In determining compliance with the regulations, Including requiring 

tests at the times required by the regulations. 

Authority Is delegated to approve minor modifications to the reference 

test methods In 40 CFR Parts 60 and 61, during either a pre-test meeting 

or the actual sampling period. These minor modifications would have to 

produce results essentially Identical to the reference method results. 

Approval of these minor modifications should be based on sound engineering judgment. Under no circumstances are modifications to be used which 

might result In the non-uniform application of the standards, 

6. If at any time there Is a conflict between any State regulation and 

any provision of 40 CFR Parts 60 or 61, the Federal regulation must be 

applied to the extent that It Is more stringent than that of the State. 

If the State of New Mexico or the NMEID does not have the authority to 

enforce the more stringent Federal regulation, the NMEID shall Immediately notify EPA Region 6 pursuant to Condition 1 above. This delegation may be revoked by EPA, In whole or In part, In the event any such conflict 

makes Implementation or enforcement of NSPS or NESHAP administratively Impractical. 

1. If a claim of confidentiality or any other reason should ever legally 

prevent the State of New Mexico and the NMEID from providing to EPA any or 

all Information required by or pertaining to the Implementation of NSPS 

and NESHAP, the NMEID shall, upon request, assist EPA Region 6 1n obtaining that Information directly from the source. At a mfnfmum, such assistance 

shall consist of providing to EPA an Identification of the nature of the 

Information which the State cannot provide. In the absence of such a legal 

reason, the State and the NMEID shall make available to any designated 

representative of EPA upon request all records, reports, or information 

provided to, or otherwise obtained by, the State In accordance wfth the 

provisions of 40 CFR Parts 60 or 61. 
3 

B. All matters in process at the time of delegation of authority may be 

processed through to completion by EPA Region 6, or may, at the request of the NMEID and at the discretion of EPA, be transferred to the NMEID 

for completion. Appropriate reproduction of pertinent file material in 

the EPA Region 6 files in relation to source regulation under NSPS and 

NESHAP shall be provided through mutual cooperation of the staffs of the 

respective offices. 

9. Existing monthly reports normally submitted to EPA Region 6 for the 

Compliance Data System (CDS) shall be expanded to contain pertinent information relating to the status of sources subject to 40 CFR Parts 60 or 61. 

As a mininum, the following information must be provided to EPA: the name, 

address, type and size of each facility; date that operation at the facility commenced and dates of most recent compliance test; the compliance status of 

each facility with accompanying explanations of noncompliance where applicable; notice of enforcement actions brought against facilities because of violations 

of 40 CFR Parts 60 or 61; surveillance actions undertaken for each facility; and the results of all reports relating to emissions data, including excess 

emissions reports. 

10. Emission data, as defined in 40 CFR 2.301(a)(2), shall be made available 

to the public. Emission data is to be correlated with applicable emission 

limitations or other measures in such a manner as to show the relationship between measured or estimated amounts of emissions and the amounts of such 

emissions which are allowable under the applicable emission limitations. 

If any information which is defined as emission data is found to be not 

available to the public by reason of State law or other legal requirement, the NMEID shall so notify EPA, Region 6, so that EPA may take the action 

necessary to release such data. 

11. No authority ls granted to the State or the NMEID to take any action 

which would require rulemaking by EPA. This limit on authority fncludes 

the grant of a waiver of testing requirements for any class of sources. 
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Partial Delegation 

The NMEID has requested tbat it have partial delegation for sources for 

which new regulations or revised regulations are promulgated, except for · sources in Indian lands, as defined at 18 u.s.c. §1151. EPA hereby delegates the following partial authority for the implementation of the 

NSPS and NESHAP to the State of New Mexico subject to the following conditions and limitations: 

1. Authority for all sources located in the State of New Mexico, outside 

Indfan lands, subject to NSPS promulgated In 40 CFR Part 60 after 

March 14, 1984, for which full delegation has not been granted above. 

2. Authority for all sources located In the State of New Mexico, outside 

Indian lands, subject to NESHAP promulgated In 40 CFR Part 61 after 

December 9, 1983, for which full delegation has not been granted above. 

3. Authority for all sources located In the State of New Mexico, outside 

Indian lands, subject to NSPS for which full delegation Is granted above, 

when part or all of that NSPS has been revised after March 14, 1984. 

4. Authority for all sources located In the State of New Mexico, outside 

Indian lands, subJect to NESHAP for which full delegation Is granted above, 

when part or all of that NESHAP has been revised after December 9, 1983. 

Conditions and Limitations 

1. The NHE!D shall conduct only the technical and administrative review 

Including determination of applicability, review and evaluation of NSPS 

and NESHAP applications, revfew and evaluation of requests for waivers 

of compliance under 40 CFR 61.11 and/or waivers of emission tests under 

40 CFR 61.13, performance and evaluation of Inspections, and observance 

and evaluation of compliance tests and continuous emission monitoring 

tests. 

2. All conditions and limitations specified above for full delegation apply also to this partial delegation. 
A n~tlce of this delegation of authority will be published In the Federal R~lster fn the near future. The notice will state, among other things, 

t at effective immediately, all reports required pursuant to the Federal 

NSPS and NESHAP by sources located in the State of New Mexico should be 

submitted-to the New Mexico Health and Environment Department, Environmental Improvement Division, P. 0. Box 968, Crown Building, Santa Fe, 

New Mexico, 87504-0968. Any such reports which may be received by EPA, 

Region 6, after the effective date of this delegation will be promptly 

transmitted to the NMEID. 

Protection Agency 
c 

UNIT1iD STATES ENVIRONIIEN'T,AL PIIOTECJION AGENCY 

REGIONS 

t445 ROSS AVENUE. SUITE t200 

DALlAS, TX '75202-2733 

Hr. Mark Weidler 

secretary 

New Mexico EnvironlUillt DepartiDent P.O. BoX 26110 

Santa Fe, NK 87502-6110 

Dear Mr. Jfeidlar: 

OUr ottioa hall o0111pletad raviav of your November 9, 1994, 

sUbmittal tor delegation ot authority under 40 Code of Federal 

Regulations (cnt) Part 63 1 Subpart B to illpl-t and enforce 

the following regulatione: the New Mexico Air Quality control 

Requlation (AQCR) 780, since renlllled u 20 New Mexico , Mminbtzative Code (NKAC) 2. 82 - !fnximum Acbit:yable Cpntrpl hqbno1oqy Standar4e fpr Sppmg CJtaq'orig of Hazardpu• Air 

Ppllut;ont•l and the New Mexico AQCR 755, since renamed 20 NMAC 

2.83 - Cpnltrgpt1pn gr Mpditicatipn 9( Major sourgaa o( uazardgus 

Air Ppl1ut;onta and amendlaents to AQCR 702. 

Specifically, your sullmittal seeks delegation of authority 

to impl-ant and enforce the followinq Federal standards: 

1) the National Emission Standards for Hazardous Air 

Pollutants (NESHAP) for Source C&teqo:des: General Provisions 

for 40 CPR Part 63, Subpart A, promulqated March 16, 1994; 

2) NESHAP for source categories: Orqanic Hazardous Air 

Pollutants from the Synthetic organic Chemical Manufacturinq Industry and Other Processes Subject to the Negotiated Requlation for Equipment Leaks - Hazardous Organic NESHAP, 40 CFR Part 63, 

Subparts F, G, H, and I promulqated April 22, 1994, and 

subsequent oon:ection notices; ' 

3) NESHAP for Source Categories: Coke Oven Batteries 

promulgated October 27, 1994, and subsequent correction notice, 

January 13, 1994; 

4) NESHAP for Source Cateqories: Perchloroethylene Dry Cleaninq Paoiliti .. promulqated September 22, 1993, and the 

associated amendment published on December 20, 1993. 

Your submittal was found to be complete with respect to the 

information necessary to grant authority to implement and enforce 

these Maximum Achievable Control Tachnoloqy (MACT) standards and 

Exh. NMED 8 
2 . General Provisions; thus with this letter, we are delegating to 

the New Mexico Environment Department the authority to implement and enforce these standards as they apply to major sources in 

New Mexico. 

Your letter also requests that the Environmental Protection 

Aqency (EPA) grant the New Mexico BnviroiUIItiJit Department (HMBD) full authority to implement and enforce the requirements of 

section 112(9) of the Clean Air Act Amendments of 1990 which was 

adopted to govern modificationa to hazardous air pollutant (HAP) 

sources. Your submittal includes 20 NMAC 2.83 which addressee 

the modification, construction, and reconstruction of HAP 

sources. 

on February 14, 1995, an Interpretive Notice regarding the 

112 (q) rule was published in the Federal Reqistar. This 

interpretive ruling postpones the effective date of section 

112(9') until after the EPA has promulgated a rule addressing that 

provision. As a result, it is EPA's understanding that the HJIED 

has decided not to promulgate this requlation and has withdrawn 

this rule from EPA's consideration. Therefore, Region 6 is 

returninq the 20 NMAC 2. 83 rule to the HMBD for future action by 

the state. 

Region 6 is pleased that the NKED is actively pursuing deleqation of federally promulgated MACT standards and looks 

forward to working closely with you to accomplish this goal. If you have any questions or comments regarding the contents 

of this letter, please contact Ms. Adele Cardenas at 

(214) 665-7210. 

Sincerely yours, 

A. stanley Meiburg Acting Regional Administrator 

cc: Mr. Bill Blankenship New Mexico Environment Department~ . 

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New Mexico Commission of Public Records 

Administnttivc Lnw Division 

1205 Camino Carlos Rey 

Santa Fe, NM 87507 

505-476-7907 

Affidavit of Publication in the New Mexico Register 

1, Art Brnnslord , ccrtily that the: agency noted below lms published legal notices or ntlcs in 

the Nc:w Mexico Register. and thai payment has been assessed by invoice for said legal notice: 

or publication. which appeared ou the date: and in the volume and issue number noted below. 

Date ofl'ubli~ntiun: 8130/2013 Agcn~y: 

Vulum•: XXIV bsucll: 16 F:uviroumclll Dt:purlm~nl- Air Qunlity 

C'onlact: Lany Weaver hl\'uicc II : NM/1-10/.1- J.V 

Anwunt: $80.00 

U•scrit•lion: 

Nntic.: 

"'lilllt:l" 

(seal) 

525 cam iuo de I.os Mnrquoz #I 

Samn fc. NM 87505-

Nnlic..- llf Rukm;ddng. I h:;•rinl! 

Nutil1." of K.ul .. :m:•L:inl! I kuriu)! 

SIH1C or N~w Mcxko. ( 'nunty of San Ia Fe 

Signed und ullinnnl bcl(•rc 1110 "" Tuesday, September 03, 20 13 

bv Art Bmnsford 1 . 

. ' / I { 

Notary l'ublic~~ 1tSnl ( Le h.}ux 

Louise Wood l My comm i>~<'n "' p Yrcs:..:C:.ol---'-i..:S)..-_...L/_],_j 

Affiant: Cb-f ~~P Publisher~ Nt~u· kle.ric~-:,lf!;;.~.,~~ - Dntc: '1/3/20 13 

-c.)ph!.'i •{iltt' puMi:~hctl nmtt!riul.lot·mnenl! . .:d in t/ti ... tt./!h/al'illll't! enclwt•tl ... 

fonn SK( "·21KJ2-U4 J<c, '":'1 Jul~ 21117 

Exh. NMED 9a 
New Muicu Rcgistct·/ Volume XXIV, Nulllbcr 16/ August 30, 2013 581 

Notices of Rulemaking and Proposed Rules 

NEW MEXICO 

ENERGY, MINERAL''i AND 

NATtlRALRESOVJKES 

DEPARTMENT 

ENERGY CONSF.KVATION ANI) 

MANAGEMENT DIVISION 

NOTICE OF PUBLIC IIEAJUNG AND 

RULI;MAKING 

O~'TII[ NI:W MEXICO 

t:NF.NG\', MINERAL.~ A.~ I> NA'I'IJIIAL 

JIESOIIIICES DEPAIITMENT 

lllc N\'W Mc:o.ka• Fnci\!.Y· Millcrals and 

Natuntl Hcsourn-s l>cpurtmcnt (l~MNHDJ. 

Encr!.!,\' Conscnution mKI MmlitJ:!I."Illcnt 

Dhi;i-nn will huld ll puhlk IM.'nring on 

pwpo~ll nth: dutnJ;I!'S lu tlk· Sust;.ainnhh: 

Buildin8 T;P.: t'n.:dit Progrmn :u9:1~ n.m. nn 

tu~.~uy. S(plcmht-r 17. 20 I J in Poncr Hall. 

\Vl·nd..•ll C'hintl Bnildinl,!. 1220 Sr•tllh S.uint 

Fr.mci!'1 Dri\L". Sanltl FL'. N .. ·w Mc-"'ictl. 

l·.MNRU i~ pmpt,~ini! dmngcs ~<• the.• 

followin~ rules: 3A.H• NM/\C'. ~u:-.tainnhl"· 

Buihling l;n Cn.·tlit fc•r l~l·:-ilklllitd 

Buildin~~. Cnrpnritli.! lnc.:lllllc 'lil:..:c:-~: .1.4.17 

NMAC. Suo;lairmhl~ Uuillfini,! 'I':L' t'rl"\1'11 

lt•r ( 'ununl·r..:ia) llurltling:s. (\,rpurntc 

htl'UI11l' Tn~l!s: J.3.21J NMI\( '. Su:-HtinilhiC' 

lluildini,! '1;1\ l"rcdil Jt1r R~.-silll'llliol 

Buildin~;s. l'l'rsnn.ll hu:nmc 'f;J:\l":\: ouH.I 

3.3.30 NMAC, Smaainnbh; Buillfin~ T:.' 

( 'n:dit rtlr (. 'oUIIIlCFd,Jf lluilding~. Jlcr.'lllll<ll 

Jncomc Tn:..:c~. Prvi">:S~d dum{:.!!~ ru .l.·U 6 

Nl\,lt\C indtllk ;ttklitit•n of' d~.~liJiitions untl 

the lmn·rinl,! nf the ;mnu;lll'iiP fr•r 1:1\ cr~tlil" 

1\,r rcsitkntial huiltling~ In .l:ll~."t:l 'l<ihllor~ 

c:hanj?~·s. f'ropusc:tl ch:mgc~ to 3..1.17 

NM:\f.' iudmk: lhL' midi linn of nmltil'111llil) 

dwdlings to th~.· (h:lilliliun ,,r l'Dillllll'l'dal 

}luiltling. sln.:mnlinifl~ or the lil\ l'l'l."tlit 

illlJlliciUinn jlrtll'\."~!'1. umllhc fu\\erin~ of t!JC 

aunu:tl cap rnr t:L-.; cn.·dits l'tlf rc:mh::nltal 

huildint!s "' l·nnli1nn lu st:nultlr)· dmng~.·s. 

l,rupn:\<!'S dlilii~C:' It• 3.3.21

} Nl\-!1\C it~dudc-. 

;niJitiun nf dclinitions und lhl· 1!11\t:fln{:. ul 

111~· ;uum;il ~.·ap l'or r.:sidcntiul 1'11.1ikling ltJ 

n:n~.:~:t s1:11111ury diWl~l'!'l. Propl\~!.1 clumg ... ·s 

hl 3.3.10 NM1\C iucltKic the ulh.lititlll uf 

mullilim1if\' dwdfin!!" tO 1hL' ddinilhlll or 

cnll1nll'rci:;J lmillling. slrCitntlirling oft he 1:1:'1 

c:n:tlil ap~li ... ·atinn proecs:o. and tlx: lnwl·rin~:. 

or thl' ;umu:lll·ap lhr cummerdnl builtlinl-!s 

lv cunlimu tu sluluh•IY dmlll,!l'S:. 

Cupi~o.·s l)r lhl· ~mp11sC'tl n•k dmngc." 

.m: a\':~il;tbk rn,m Lt\I~RJ>, f:ncqay 

Omscrvntinn und Maml~l'llll.'lll Di\'iSitHl, 

1220 S. So1int Fmucis Drh·e. Sanlit Fe. NM 

,.;7 505; at ww'' . ..;.k:uh:rn:n:nuu ,m:: or by 

~untnctin~ KL'n J Ju~hcs at khJIJ:.!!~~~.!!ltt. 

ll!ll..l!:S: lch:phonc (~0~) 476-3320. 

All imcrcslcd pc""'lns nmy pMiiL·ip:lll' in lhl· 

hcarin~;.. omd 'rill he J,'!iYcn ''" opponunily to 

sul'lfnil n·k\•;1111 L'Vilfcm:e .. \l:lf:t. 'i~.·ws. and 

ilfl:!UIJIL'IIIS. ('lUll, tlr in wrili11J,'!. 

Thu:<C" nis:hinJ,'! lo suhmil wrille11 st:tiL'II\CI11:o. 

in li~u nr pnwilfinr: urul t...·:'limony at the 

hc;tring. muy suhmit rb~ writlt:n.~tnlcm ... ·lll~ 

h)' Septemhcr 10, 20IJ by 5:fK) p.m. by muil 

or .:~molil. l'IL"a~ muil wriucn commcms to 

1\l•n lhl[!hc:;, EMNIU), Elk:'I'J:.)' (on:.t~r.,.:tfmn 

nnd Mullil!!l'lnentl)h·ision. 1220 Suuth So1in1 . 

Fr.md!'llJri\'1.'. Sotnla Fl!'. New Mexico 87505 

t•r ~uhmit I hem,.,.. e~mailln lill.!u:.h'"~l'fuillU£. 

mn.ll!'. EMNRD will ote!.:l'J:lt no ~l<tll'Jill'llt5 

;Iller lhl' t:tmdu::-iltll uf the hltlrinl,!. 

lf}'UU 01re <Ill indivillu:tl with a lii:ktbilily who 

is ·in nc~o.·d of a n:ad~r. nmplilicr, IJII<lfilied 

:.ig.n lilllJ:!.Ui~C intl-rpr~tcr. ur ;my other 

lt\I'UI or :.w,ili.tn ;till ur SCf' il.-c lv allcnd or 

p1.trtic1pniL' in th; ln.'tlriu'- 11le.1~ wnlnct Ken 

)lu~he .. ntlca.,l une ww~ JJriur IU I he hCitrill!! 

Ill' u~ :mon a,,. pos~iblt:. 

NEW MEXICO 

ENVIIWNM ENTAL 

IMI'IWYEMENT OOARD 

Nl 'IV M EX ll'O ENVIIWNMI·.N l'i\1. 

IMI'I!I>VI'MI·N I BUAIID 

NO fll'l-.UF IHIIE~MKJNC; IIF.i\lliNU 

I hc Nl"\\ \1c\it:l} r:n, irt•l1111l'IIIUI 

Improvement BOJml ('"Bunni") will lu,ld 

;1 puhlic hc:~ring t'l'l Nu\ ~.·mhcr 7, 2013 

nt 10:00 alll. in l(tulm J11 111 lh ... • Stnle 

( itpilnl. ltleaU."ll ut ·I'XJ Ohl S;n11a F1.· Trail 

in "i;!nla l'c. Nt.'t\' Mc:'\il'n. 'J he purpose of 

the hc:triiiJ,'! i~ lu ~.·vn<id~r llll' tnillll'r uf EIB 

13-0b(R). mlj)us~o.·tl n:pio.·od ,,r t\ir l)ualiry 

l't\nlml Rc~:;ulalitm 10.l.HH N~.·w !\·Iesko 

,\iJmini:-;tnuiw Ctldc (Fmi:-..-:iun Slundarlf~ 

fttr New f\lnlllT Vdti\:k!>.) {"20.2.1<R 

N~Ml"). 

J hl' propuncnt ,.r lh ... ·s.e rcsuhtiOI) 

arul.'ndrm:lll!>. i:- lhl·Nc\1: Ml·.,kuEtl\'irnnml'lll 

Dl'lmri!UCII( ("N.\IJ·.J)"), 

Th~; purpt,sc of the puhlic hc~ring is In 

consider anti l:t'-:e pt~"ihla.· ul.liun on ·' 

pl!litiun frnm NMC.D Ill r ... •pcul :!0.2.11:8 

Nl\·IAC. 11tis r.;l!U~llitm. snmetim.,·~ L·:dled 

"l'killl Ca~·· WI~S first i!dtlp!l'd i11 2007 It, 

uppl) tlw (.'alilbniin motor \'1.•hiclc cmiso;:ji)~S 

slatnl;~rds. ,,,. •·('alifttrnia ~lilllditrll:-.'" "'itlnn 

NL"w Mcxic<l hc~innin~ \\ ith mudd yc;.r 

2011. The slotrl d:t11.' W<L" liltl'r n:vis1.•d to 

20Jti. i\1 the rimc th:11 the Hoard ildopt~o.·d 

lhc Clean C;us n:.'(!Ulittilll1, tht: l'illifurnioJ 

:o;landurd!' n-cre murc stdn{:.~·nt lhan the 

fcdcral mntnr whide emission~ ~t:tndar.ls. 

Hmv...·vl·r. ~inc~· lhal lime lhc li:dl.'r.tl 

prog.mnls have been re,·iscd lc1 achieve th~.· 

SIUllt: l!'nlissin~ rcdut:tion os Jhc Cnlirorni<t 

standards. 1\~ .o tcsull. lh~ mlminislmlive 

bunlcns of implamcnting the Ckan C'nrs 

r~.·~ulollinn nnw nulwci{!.h lhc polcnlial 

!-.:nl!'lits: of lm\ ing a Sl:tle pro~n1m. 

TIM.· tc\t of the n:&:uhllion propfl::ied rur 

n:jll'itl may (lC revicwL'tl durin~; n::guh1r 

btt:o.iu~" hour:. nt lhc NMED 1\ir Quality 

Burt:iiU um~.·c. 525 Cmnino dl:' los M;lrtiUCZ. 

Suilc 1. Sant;t Fe. New Mexico, 1m NMED'::-

·,,.,ch .site ru "-ww.nmcnv.sl;llc.nm.us. nr by 

cont;K:ImJ:'! L.my Wl'II\'Cr nt (:505) .J76~4322 

i)r l:lfly.wen,:cr:tfstule.nm.tt'~. 

'J he hco1ring \\'ill hc conducted in nccnrdomc.: 

with 20.1.1 NMI\C(Kulcnlukin~ l'wccdun:s 

- t~n\ irunmL'IItal lm~rovcm~!l llonnJ), lh1.· 

Em·immnentul lmprmcmc:nf Act, NMSA 

I'J78. §74-J-9. the ;\ir Q1111lily Comrull\ct. 

NMS1\ 197K. §7<1-2~(). ;uxl iln) ;applicuhlc 

pnxcdural orders. 

1\11 intcrl~lcil JX~ns wiU he ~iven 

fl':.IS<Jttnblc Opf>tlrlunity :al lh.: lll.'<lring to 

'iuhmil n:IL•vnnt C\ j,J,·u~.·c:. tklhl. view~ aniJ 

,,rgumcnl~ llr.JII)' or in writill(!:. to inlrodUl'C 

c"hihit~, mnllu C!\ilminc "itn ... ·$..'il'S. PL"~ons 

wbhing lo prcSt.'llt t ... -.:hnknllcstimuny must 

Iii.: "ith the lh••arlf a wriucn nolicc or inlt:'llt 

ltJ tiel so. Tht~ uulil'c ttt' int~'lll shall: 

(I) idt:<111ify tlw p,:r:.tm for v:hum the 

witn~·M,(C,'i) willtc:o.rily: 

(2) idt:nlil}' e;lch tcdmicul willll'~:i tlmt 

the pl'rsun intends 111 present ;md ~talc lhc 

qua~lilkntiuns ttf th" \\ itiJCSs. indulfiny. a 

Jcscriplinn nl' their Ctlnealinn ,tnrJ \\·tnk 

Nldi.gmund: 

(3) indulll' t1 e•'I'Y of lhL' tlil'l't:ttco;tinwn_> in 

tmmni,•t· Jim111)r each tt:chnknl witn~.·:-.s; 

(.f) hsr ami aum·lt c.:t~:h c'\hiflilnnlkip;IIL'd lu 

ht: urli:n:lf by thai p ... ·r.st'll :11 tbl.' hc;U'in~: anll 

(5) all:ll'h lht' text uf :111y n=cnnmlclld~:tl 

mutlilit:ttlions 10 Ill~ ~rof>l.l...Cd rL"gul<tltH) 

chaug.c. 

NDiiCl'S ,,r inlcnt ror !he llcnrin~ J'IU'' be 

h!l'd~tcd in lhc Ollicc of thl· Bt,urd nt)t 

luler tlum5:00 pm un Oetnhcr IM, 21113 m111 

shouftl rcr~.·rcnl'C lht: IJOCk.l!lllUmi'J(r,l~lll J). 

(lf,(l{). ;u~llhc dnlc oftbc ll•:nrin,ll N'olicc!-> 

of intent 10 prcstnl IL'l'hnil·al tc::-limnn~ 

~hnuhl be :o.uh111ilh:d tt•· 

Pmn C~t~litik:tla. Bourd Admillll-lnll•'' 

(lfli~o.:c ,,r tht.· Emironmcntal lmflrO\'l'lllcnl 

Bnanl 

llarold Hunncl:s Buil!.ling 

1190 !'-.1. huncis Dr., Room 210U~S 

S,tnli1 Fe. NM 87.5U.S 

Phun1.·: (505) M27~2·125. fux (.S05) K27-2t06 
582 New Mexico Rcgisler I Volume XXIV, Nu111bcr Hi 1 Augusl 30,2013 

( 

t~tslil) ul ltll.' h\.":tdng.. No priur IUllific.tlhm is 

rL~quin'tf to ,,.~sent nun-IL"l'hnk:~l h!Stimtm) 

111 th..: hL"<lring. Any stk"lt OIL'mhcr may 

ulso nll~r c~hihit~ in Ct>nncL·Iiun '"'ith his 

h.'Siimun), ~, hmt: il.5 tl'k.' L'.'dtihit is nc 11 

undul) rcpditi1111.~ uf lh!: tcs.tilntm). 

A mcmhcr ufthc g.clh.'ml pnhlk nho wish~.:=' 

111 submit " \HiiiCit stuh.'ll)('tll fur the n.·con.l. 

in lieu of pn.n•iding urul h:!'limt"1)· oil tht' 

hcarinJr,. :'ih;dl fik the writh:n Sloltcmcnl priut 

1u thl!' ltcmin~ ,,. :-.uhmit il <If llu.• hcnrinJ,!. 

PlTson:. hm·in,~t a Uisahility .and 11L'\'ding hdp 

in hdnl! it p;ut uf this he;tring prn~:t:!os should 

cnntncl the J.C llum:_!!n nf the NMEIJ 

I Iuman nc!'•UUI\:'CS Bun:uu ") ( Jclnlll:r I M. 

2HI3 at P.Cl Dllx .S-1(,9, I Jl)() St. 1-'rnnd:-;. 

Dri\·e,;. Su111a Ft.:. Nt.:\\' Mc;\icO. 87~U2-5461J. 

h:lcphon..: ~05-R27-0.J2-I. J'DY usL'r" pktt~C' 

,tcec..._ .. his numhcr Hit lhL' Nc'' ML'.'\iCt> 

Rdny Nci\Hlli.. <II } .. g(XJ-M9-K3J I. 

The Bu:ml mn} make n lkthoiun on 

1hc pmposcJ 1'\!Yi~d rc,~:ul;.uions ill 1hc 

..:tmdusion ul' lhr hc,trinl!. or Ill\.' Bnanl lniiY 

..:c)nYCO\' ol m-:..:ting: nt a later daiL' In l.'tmsi~lt:r 

oc1iun on the IH'Upt~·lll. 

NJ~WMEXICO 

ENVIJWNMENTAL 

IMPROVEMENT HOARD 

~I'W MI·X:CO ENVIRON~HONTAL 

I~·IPHOVFMFNT IIOAI!O 

NIH ICI· 01 I!IJLFMAKINO llb\I!IN(; 

The NL'\\ ~·le,:\iL·o l:m·inmmcJIIul 

lmpro\L"mcnl IJPnrd l·-l~tMrtr} \\ill lu,ltl 

a publk hL·;u mg on 'NnH·mhcr 7, 2UB 

;tt 10:00 ,, m. in noom .lll :11 lhe SliJh: 

( 'npiH>L h .. "'.·al~"\1 ill ·190 Old Somlil Fe lr;til 

in Sunla FL· Nl'\\ Me\ ico. 'I h..: rurr·'='~ nf 

I he hcuriug. is Ill Cltll,.idL'f lhC' muller or EIB 

13-07{R). t•fllpuSt·J olllh!'Jllil!lL'nl" In Air 

t)uulit.' Cuntrol 1{'-'!!tdaliom. 20.2.77 N.::w 

Ml!'xku .1\dmini:-tmth·~ CtlliL' (N!:\\ Svurcc 

Pl·riOmlilllC!: Slarxlanl") ( .. 211 2.77 Nf'>lt'\l'''j 

and :!0.2.82 Ne\\ ,\k\ict' i\llminislr.llivc 

CtlJ"· (~-l;l\i111Ulll ,\dJi.::\'ilhk nmtrul 

'I.L·chnoft,g) "lunJant,. li1r Snur..:c t ·.lll.'t;••riL':i 

nf lhll.:trdou:; 1\ir Pnllul<llll!i) ("2U.2JQ 

NMAC). 

The pnapunl'lll ul' thl.'"C n:gui;Ullf)' 

;uncmtm"·nb b. tlw t\C"\\ Mc\k·v 

Em·in.,nm..:nl Dcp;trlm"·nl ( .. 1\':\11-lr ). 

'I h"· JlllTJlU~"· uf 1111..· public heMin~ b tu 

··cmsidcr mal taJ.."· l:tos:-ihk actiun un il 

( ·tition frum "'MFD 1t1 ;mwnd 2U.2.n 

'11~ I1\C :mJ 20.2.81 NMAC. The purpu:-.c of 

the propt1~·U Wlll.'llllnwnl~ is lc• iJM.'Ol'J'IOf.th: 

hv rcfcrcn.::c Ill\' n"·w mk~. corrc-dhln:o. 

f'-:\'iSiClll,., Ollld Unll!'nthnl!'llt" IU lh._• li:ckr;ll 

N"·w Source Pcrfommncc Slandard~ 

t"NSPS")mxJ Ma\imumAchic,·ahlc C. 'uutml 

'IL"Chnolo(!)' Stand~trJs for Snurc'-' l'olh:~ori"·s 

nl' lla1;trlknts Air l'tliiiJtmU~ (''MAlT"). 

"hiL'h wl!re Jlrutnulg.ul!:tl hy thL· I I.S. 

Em imnnwnlal I''Wil'l1iun Ag.'-'IIL"~ (''LPA'') 

illhl puhli.c;hL'tl in the h'tll.'nd Kcgi:-h:r frnm 

J:muar}· J, 20illu Aul!u.c;l 29, 2013 

I hi.' pmp.lSI.'d I'C\·is~tJ rcg.ul;•litii'L". and Ilk.' IL':\1 

ul'thc fc-Jcral l>UmJo1rJs Ill t..._. inc••rptlfiii'-'J hy 

n:fcrl·ncc-. 11111) ,..,_. r .. ·viC\\c-d during n:~ulnr 

husinc.ss huun; ;II lhl! Nf\H.m Air Qlmlity 

lltln!ilU olTICl". ~25 Cmu'111o lie lo,. ~brqucz. 

Suitt: J, Somtu Fe-. Ne.:w Mcxieu, nn NMFIY~ 

\\C'h :"ill.' nl \\ \\ W.lllllCII\'.S/ciiC.IIlll.US, Ul' hy 

L'Uillucting L.m)· We:nn•r m (50:5) -17b--U22 

ur lun~.wt:a\·c:r:t.f:st.u .. ·.nm.u,, 

rh..: hc-c~ring. \\ill he ~.·nndm:t!!ll in ""''-'urdam:~· 

\\oitl1 20.1.1 NMAC ~Rukmaking Pn~.:cllures 

- Lnvirnmncnlitl hnpmWIIlL'Ill lltJOirtl). lhc 

l~nvirnumcnt.al lmprnn:tncnl /\..:1. NMSA 

IIJ7K. §7•1·1-9. lhe Air Qu:1lit) CuntroiAcl. 

NMSt\ 197!t ~74·2-b. aud omy rlf)plic;Jblc 

procc-tllrml or!lcn:. 

All iniL--n:SIL'd f>L'11'1HlS will ll\· M.lwn 

n.:IIS4.MiiJhlt: uppu11u11it) ,u the- hc;nilll! It, 

submit rd.::vnnt l'\'ill~.:nL"l.'. dnla. YiL'\\s mul 

'"ltllll'I(RIS.. tmtlly or in \Hiling. Ill inln•ducc 

cshihits. mulln e~aminL' '' ituc''!ol'S. Pcr.;un!' 

wi:;hing ltl prcse:nl 1ct.:hllicillle,limun) must 

file with I hi!' Btl;lfll il wrillc-n nuli!.:L' ur inlC'nt 

In du !1=11. Th .. • nc,lirc- nf illlcul .. hall: 

(I) iU~·ntiry the.: t...:,.un i{•r whmn the 

wiln'-'s:>(L's) willl'-·:·ilil): 

(2) idcnlify I!'<!Ch tc-dmkal ''i1Ucs.'1 that 

the ,-...~r"ii..'ll iniL'IMI'i In prt'!'Ot"lll alltl ~lak• th\~ 

lJUillilkntiuns uf the \\'tln..:s.'. indudin(! il 

dL'::;L'fiplitlll or lltcir t.:dl""illiUII ;ml.f Wlll'J..: 

hadgmund; 

(;\) ind1rtk a WJl~ nfthc direl.'ltcslimi•HY in 

m1rmth .. • 1\mn ul' L'iiCh t .. ·chni..:;.ll \\ ilnL'.'I"i; 

t-llli$1 .md illlndtl!'a..:h L'\hihit unticipulcJ lo 

h...· olll:rL'\J lly lhnl pcrsc~n al I he hc-llrinJ:!: ami 

(51 at1ad1 !Ill' l'-'\1 ul' ,m~· J'l"t:'llllllllCJl(i.:tl 

mudilkilliou,; h> lh"· pmrm::\.·d l'C,I!lllallll)' 

L'hungl' 

Ntllicc.; ,,r int"·nt l~lr 1hc hemin~ mu:o1 lw 

rce~in"l in the I Ulin· t'f 1hc BL•ard not 

lill'-'r Jl~o~n ~:110 pm un Ochlhcr IX, 2UI3 anti 

,.lwuld rdl:r~·ncc the Jnd.L'Inumh..:t, HB 1 J07(H), und tlw tlat'-' 1•f'llw hL-;.trint;. N11licc:-. 

Of inlcnl lo pr'-'SCII1 IL'dlllicaJ 11.'!-limuny 

slwuhl be suhmill'-''ltu: 

Pum (';Jslm'IC'du. Buar\1 AdmirJislralnr 

om~·c: .,r 1h"· Envirctnmcntal lmrru'l'nll'nt 

BuarJ 

JlumiJ l~tllliiL'I!' Buildinl:c! 

II 1JII Sl. Fliln..:is Dr., RtMIIIl 21111)..5 

Sarna Fl.', NM lH~05 

Phunc: (~U5) H27-2425. Fa.\ (5U5) X27<!X1fi 

Any meml,..•r or che l!cncral puhlic m;1y 

Jcsti(y :II th"" llL"nring.. Nn pritlf' nutilicution 

j~ T'-'tJilin:"d IO p!'\.'SI.'IU non~IL·.::hnical 

tc~timony rU lhl.' hL•uring.. Any such lllL'Illl-..:r 

nu1.\' ulsu uOi:r C.'\hihil::: in cunllL"Ciinn with 

hi::: lcslinu,ny. su long. liS tlk: c.~hihit is nut 

umlul)· rcpcliliuus uflhc 1"-slimuny. 

r\ rm:mlx·r ,,f lhc JJ.encrnl puhlic who wi!!ihe,; 

In :mhmil ;1 wrilh:n sUnt.•mcnl lOr the rc..:urd. 

in li'-'11 ur prm·iding ural '"'Siimuny al the 

hcilrinM:. sh;lll file lhc wriucn slah:mcnt prior 

lu the h\:aring..lll' suhmil il illlhc hCOlring.. 

l,ef':iOJbi havinJ,! il disnhilil)' mld nc~:ding help 

in hdng. a p;11t uflhis hearing pnll:c."iS sht)Uitl 

conlm::l the .J.C. llnrn:go ur 1l1c N~1EI> 

Umn:.ln Rcsnurcc!\ Bu~au hy Oclobl."r IH, 

2UI.l al 1~0. llox 5·161J, 1190 St. Fmnd:; 

l>riw. Sunla h!, New Mcxi"·u, K7~02·Hf,IJ. 

tdcpiUIIIL' 505-827-0.J2.t. TD\' use.:rs rlc;tSt' 

aL·.::C!'I." his numhcr ''ill the NL"w Me-xico 

f{d;ty Nc-tworL :11 J-MUO-M1J-K.1.'lJ. 

The Hunrd may mnk(' u dL."tisiun 1111 

!Ill' propu~l r.::\·i:.;cd n:gulmiuns oil tl1c 

cnndn~ionof the !)(;Iring, nr lhl' lloanl 111<1)' 

conwn.:: :1 nJL-clin~ :11 :1 lolltr tl:lll!' tu cm1sidc-r 

u"·litm c•n I he Jlll•J'It~al. 

NF..W MEXICO 1-IIC:JfER 

EI>UCATJON J)EI'Aill'MF.N'f 

Nt:W f\U'XIC() I!IGIItR EJ)I/CATION 

l)t:I,AUIMENT 

The llighcr Ethn:;•liun lkpartJIIL"IJI 

t··u .. ·p~lnml.'nf) Jteh:hy l!i\'t'S ncllkc llml 1hc 

DqJ;trlmelll will CLlflthl\.'l a puhlil' he.tl'lll(.!. ill 

20:JM (j;,lisiCII Slrt"\'1. S:lniOI r:c. \1\1 X7S0~-

2f(l(). on Ocll'""-'f I, 21ll3,1i'um J(I:OO ol.lll. 

1t1 12:00 p.m. The- purpt1S\' llr Ilk.· puhlic 

lw:Jrillt; will he In ul•luin input tm thl!' 

folltlwin,bt rufcls): 

){ 'ollliiiW'I/ Wlflll~l' 5.\'Jj 
( 

( 

ALBUQUERQUE JOURNAL THE SUNDAY JOURNAL 

* l!ilJJ;jJi122 .,.Aibuquerque Publishing Company :::WZ 

7777 Jeff- N.E. Albuquerque, N- Melllco 87109 

P.O. Drawer J-T Albuquerque, New Mexico 87103 

N M DEPT OF ENVIRONMENT 

AIR QUALITY BUREAU 

1301 SILER RD BLDG B 

SANTA FE NM 87507 

Qallrlilb julie 

CU!tonwr EMe" 

~ $109.62 

Ill6m111DS $7.67 

IQSI1Amount $117.29 

AmoyntDyt $117.29 

b5l!lll5l Albuquerque Journal 

6slltumb•t 00010917~1 

MJDI APC-legals 

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Govemment-0000 

NEVvMEXICOENVIRONMENTALIMPRO 

VEMENTBOARDNOTICEOFRULE~ 

Exh. NMED 9b 
8/26/2013 9:4li:57AM 2 

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ALBUQUERQUE JOURNAL THE SUNDAY JOURNAL 

ltJllllli)25 Albuquerque Publishing Compa:;n::y:Riiilliai!:.pj:e;ij;jjililiP;;; 

7777 Jefferson N.E. Albuquerque, New Mexico 87109 

P.O. Drawer J-T Albuquerque, New Mexico 87103 

(505~ 823-7777 

N M DEPT OF ENVIRONMENT 

AIR QUALITY BUREAU 

1301 SILER RD BLDG B 

SANTA FE NM 87507 

Onltmd By julie 

Cwtpmer EMail 

TgAmqunt 

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DIRECCIONDEMEJORASMEDIOAMBIE 

NTALESDENUEVOMEXICOAVISODEAU 
( 

ALBUQUPJIQUEJOVRNAL Till! S!JNDO.Y )a.JRNAL 

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N M DEPT OF ENVIRONMENT 

2 
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( 

( 

SUSANA MARTINEZ 

Gm::rnor 

JOliN A. SANCHEZ 

lieutermnt Governor 

July 1, 2013 

NEW MEXICO 

ENVIRONMENT DEPARTMENT 

Air Qttality B11rea11 

$2$ Camino de los Ma"!uez 

Suite I 

Santa fe, New Mexico, 87505 

Pl10ne (50S) 476-4300 l'u (SOS) 47~-4375 

www.mnenv.stulc.nm.us 

Dear Air Quality Stakeholder, 

RYAN FLYNN 

( 'abint.'t Stxretacy~gnate 

BUTCH TONClATE 

Dc.11\l1V S4..'Cn."tarv 

For the past 30 ycnrs,tbc New Mexico Enviromncnt Department (NMED) has taken delegation 

for implementation and enforcement of many of the feuenll air quality standards adopted under 

Chapter 40 of the Code of Federal Regulations (CFR), Parts 60 (New Source Performance 

Standards, or NSPS), 61 (Emission Standards for Hazardous Air Pollutants, or NESHAP) and 63 

(Maximum Achievable Control Technology Standards for Source Categories ofllazardous Air 

Pollulllnts, or MACT). These fedenll niles are incorporated by reference in the following state 

air quality rules: 20.2.77 New Mexico Administrative Code (NMAC}- New Source 

Peifonnance Standards; 202.78 NMAC -Emission Standards for Hazardous Atr Pollutants: 

and 20.2.82 NMAC- Maximum Achievable Control Technology Stantfllrc/:sfor Source 

Categories o{JiazardottS Air Pollutants, respectively. 

In each case, the li.-deral rules that nre in ellect by a specified date are incorporated by reference 

into U1e state ntles, unless specificaUy excluded, Regardless of whether the state accepts 

uelcgalion for implementation of the tedcnil rules, the affected facilities in Nt.'W Mexico are 

subject to those rules because the U.S. Environmental Protection Agency (EPA) will directly 

implement those standards not delegated. The NMED periodically request~ that the 

Environmental Improvement Board (EIB) amend the state rules to advance the spcciticd date to 

include new or amended federal rules to 8129/2013. These state rules were last amended in 2011 

to im;orporat.: the date 12/31/2010. 

NMED intends to request that the EIB bold a hearing in November 2013 to consider and update 

the specified dates in 20.2.77 NMAC and 20.2.82 NMAC, so that federal rules under 40 CFR 

Parts 60 and 63, respectively, that have been finalized by 7/3012013 will be incorporated by 

n.:terence into the state regulations. We are not requesting that 20.2.78 NMAC be updated, as 

U1ere bl!ve been no amendments to the related federal rule ( 40 CFR Part 61) since the last time 

our rules were updated. 

Given that the delegation of the federal rules to !he state does not alter the requirements that 

opply to facilities in this state, the periodic updates oflho delegation rules have seldom sthrecl 

any interest. However, this update occurs while the EPA is in the process of reconsidering parts 

of 40 CFR Part 60 (NSPS) Subpart 0000, a fc..-dcrnl rule !hat applies to many New Mexico 

sources. ll is unlikely U1at EPA will complete all of its revisions to NSPS Subpart 0000 by 

( 812912013. As a result, differences may occur between the federal revision of NSPS Subpart 

Exh. NMED 10 
July 1,2013 

Page 2 

0000 and the version of that n1le to be incorporated by reference in the state n1le 20.2.77 

NMAC. 

Although it is not uncommon that EPA revises rules after the EIB has adopted revisions to the 

NMAC, NMED is committed to minimizing the potential confusion that could OCC\lr in such an 

event. As a result, after EPA has completed its modifications of the federal rule, NMED will 

request that the EIB reopen20.2.77 NMAC to incorporate those modificutions, in conjunction 

with incorporating other new or modified NSPS, NESHAPs or MACfs. An alternative 

approach would be to not accept delegation ofNSPS Subpart 0000 at all until after EPA 

completes its n1odifications of that rule. However, NMED l1as detennined that taking delegation 

ofNSPS Subpm1 0000 as it is now in eflect is the most appropriate option. TI1is will avoid 

confusion to sources about who has authority over which parts of 0000, and where to send 

reports required by the NSPS. The Department will also meet with interested parties this 

summer to discuss the available options for implementing NSPS Subpart 0000. 

lfyou wish to make comments regarding the updates of20.2.77 NMAC und 20.2.82 NMAC, or 

to be notified ofthe hearing at which EIB willtnkc comments and consider these rules, please 

contact Lany Weaver at (505) 476-4322 or lany.weaver@state.nm.us. If you wish to conunent 

on NMJ::IJ's evaluation ofthe available options for implementing NSPS Subpu11 0000, please 

contact Ted Schooley at (505) 476-4334 or ted.schooley@state.nm.us. or Elizabeth BisbeyKuehn at (505)476-4338 or Elizabeth.Kuehn@state.nm.us. 

TI1ank you for your interest in New Mell:ico 's Air Quality. 

Sincerely, 

/Richard ~u/~/rRL1 L. Goodyear, P.E. / 

Bureau Chief 

( 
( 

Weaver, Lany, NMENV 

From: 

Sent: 

To: 

Subject: 

Weaver, Lany, NMENV 

Monday, September 23, 2013 5:33 PM 

Goodyear, Richard, NMENV 

RE: NSPS and MACT Updates - UPDATE 

This Is to provide an update regarding the upcoming regulatory hearing at which NMED will be requesting updates to 

20.2. 77 NMAC and 20.2.82 NMAC, the rules by which we take delegation for federal NSPS and MACT standards, 

respectively. The Environmental Improvement Soard has set the hearing for November 11, 2013 in Santa Fe. Details 

regarding location and the process of submitting testimony or comments to the Board are In the hearing notice, which 

along with other documents related to the hearing is available on NMED's website at 

http:l/www.nmenv.state.nm.us/aqb/prop regs.html. 

Please note that NMED Is planning to request an amendment to our proposal. As proposed, 20.2.77 NMAC would state 

that we will take delegation of federal NSPS standards that are published in the Federal Register through August 29, 

2013. This date was chosen because It was the day prior to publication of the hearing notice in the New Mexico 

Register; using that date would allow any interested party to review new and revised federal rules for at least 60 days 

prior to the EIB hearing. Because NSPS Subpart 0000 was finalized on August 6, we expected that it would be 

published well before August 29. Unfortunately, EPA was delayed in publishing 0000 in the Federal Register until today 

lhtto:l/www.goo.gov/fdsvs/pkg/FR-2013-Q9.23/pdf/2013-22010.odfl. As a result, NMED will be requesting that our 

proposal for 20.2.77 NMAC be amended to use the date September 23,2013 instead. We believe this is appropriate 

because the finalized Subpart 0000 has been available for review throughout the public comment period, and no other 

NSPS were published in the Federal Register between August 29 and September 23. 

If you have any comments or concerns regarding the Department's planned request to amend our proposal, please let 

me know. 

Thank you, 

LanyWeaver 

New Mexico Environment Department 

Air Quality Bureau 

(SOS) 476-4322 

From: Weaver, Lany, NMENV 

Sent: Monday, July 01, 2013 4:24PM 

To: Goodyear, Richard, NMENV 

Subject: NSPS and MACT Updates 

Please find attached a letter from Richard Goodyear, NMED Air Quality Bureau Chief, regarding the upcoming updates to 

the state delegation of federal NSPS and MACT rules. If you wish to make comments regarding the updates (to be 

reflected in 20.2.77 NMAC and 20.2.82 NMAC) or to be notified of the hearing at which EIB will take comments and 

consider these rules, please contact me at this address or the phone number below. If you wish to comment on NMED's 

evaluation ofthe available options for implementing NSPS Subpart 0000, please contact Ted Schooley at (SOS) 476-

4334 or ted.schooley@state.nm.us, or Elizabeth Bisbey-Kuehn at (505) 476-4338 or Elizabeth.Kuehn@state.nm.us. 

Thank you, 

LanyWeaver 

New Mexico Environment Department 

1 Exh. NMED 11 
Air Quality Bureau 

(505) 4764322 

2 

( 
( 

( 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON. DC 20460 

AVC 3 0 2Ciic 

MEMORANDUM 

SUB.JECf: 

FROM: 

THRU: 

TO: 

Inadvertent Errors in the Final Rule, Oil and Natunll Gas Sector; Reconsideration of 

Certain Provisions of New Source l'erfonnance Standards (Tier 3, SAN 5693, 

RIN 2060·AR75) ·Correction of Inadvertent Errors 

Janet G. McCabe ::,<:>-.:I~ 

Acting Assistant Administrator 

Loric Schmidt Q j 

Associate General Counsel 

Ollice of(Jeneral Counsel (2344A) 

Michael Goo ~ (, ' 

Associate Administrator 

Office of Policy (1806A) 

Gina McCarthy 

EPA Administmtor (110 I A) 

Three inadvertent errors W<-'I"C made in the process of preparing the signature package for the final rule. Oil 

and Natural Gas Sector; Reconsideration of Cenain Provisions of New Source Perfonnancc Standards, 

which was signed on August 2, 2013. The auachcd red-line/strike-out version of the preamble and rule 

identifies these errors and shows the corrected text. These corrections are described belo~N. 1 

Preamble; 

Page 27, first paragraph, is amended hy changing "October 15, 2015~to "Aprill5, 2015~ to state 

correctly that all Uroup I storage vessel affected facilities must meet the control requirements by 

April IS, 2015. The regulatory text correctly presents this date in §60.5395(d)(l)(ii) on page 120, 

This change correcL~ the inadvertent error in the preamble. 

1 Note that the page DUmber cited refers to the redline/strikeout version of the preamble and rule; Lite 

corrections could occur earlier or later in the corrected ,·ersion. 

Exh. NMED 12 

or:e'""'~ 4,;ces.., ~JR, • t•:1r '-'""··" €;>!1 !)"tot 

Rtryc!NiiRcc'(r:lablt> • C:;r-·•t<iC v.-,r!• Vwj~:£t:::P:: •:O•l 2·->:2.:: :-,,~on ~o:C f C':-l<:o:·.,,,.,,.;:;, ;lo,,y_z·~;, (:i'>I'Jc•f'•·l n" ;~-.-., .. ct.;;rt ri':r.t·< 
Regulatory text: 

Page I 14, "§60.5365 Am I subject to this subpart?" paragraph (e), third sentence, is amended by 

inserting the word ·•average" between "maximum" Wid "daily." Our intent is to allow owners and 

operators to detennine emissions based on the average throughput over the number of days for 

which ~voughput can be detennined using infonnation already available (e.g., records of crude oil 

or condensate collected from the storage vessel) during a 30-day period, regardless of the 

frequency of such collections within the 30-day period. Tite existing text could be interpreted to 

mean that daily throughput measurements are required, which was not our intent. This change 

con-eels that inadvertent error. 

Page 115, "§60.5365 Am I subject to this subpart?" paragraph (e), third sentence, is amended by 

changing "the 30-day period" to ·'a 30-day period."' As written, the text could be inteipreted to 

require that the period over which the dctemtination of maximum average daily throughput is the 

30 days immediately preceding the applicable compliance deadline, which was not our intent. We 

made our intent clear on pa~e 38 of the preamble where we state, "If the VOC PTE of the Group I 

storage vessel is 6 tpy or greater on October 15,2013 (or an earlier date if the owner or operator 

chooses to make the determination prior to October 15, 2013 ), then the storage vessel is a Group 1 

storage vessel affected facility ... "The change described above corrects that inadvertent error in 

the regulatory text. 

We recommend correction of these inadvertent errors. 

Gina McCarthy, 

Administrator. 

AUG 3 0 2013 

Date 

( 

( 
Exhibit NMED 13 

Selected Provisions of CAA §§ 111 & 112 

United States Code Annotated 

Title 42. The Public Health and Welfare 

Chapter 85. Air Pollution Prevention and Control (Refs Bt Annos) 

Subchapter I. Programa and Activities 

Part A. Air Quality and Emissions Limitations (Refs & An nos) 

42 U.S.C.A. § 7411 

§ 7411. Standards of performance for new stational)· sources 

(a) Definitions 

For purposes of this section: 

(I) The term "standard of performance" means a standard for enussions of air pollutants which reflects the degree of 

erruss1on hmatat1on achievable through the application of the best system of emassaon reducnon which (tak.ing into aceount 

the cost of achieving such reduction and any nonair quality health and enworunental impact and energy requirement!) the 

Administrator detemunes hu been adequately demonstrated. 

(l) The tenn "new eource" means any stationary so~. the construction or modification of which is commeoced after the 

publication of regula tiona (or, if earlier, proposed regulations) prescn"bing a standard of performa.nce under this section 

( which will be applicable to such source. 

(3) The term "stationary source" means any building, struccure, facility, or installation which emits or may emit any air 

pollutant Nothing in subchapter ll of this chapter relating to oonroad engines shall be construed to apply to stationary 

internal combustion engines. 

(4) The term "modification" mcaru any physical change in, or change in the method of operation of, a stationary source 

which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant 

not previously emitted. 

(!)The term "owner or operator" means any person who owns, leases, operates, controls, or supervises a stationary source. 

(6) The term "existing source" means any stationary source other than a new source. 

(1) The term "technological system of continuous emission reduction" means-

(A) a technological process for production or operation by any source which it inherently low-pollutin& or nonpolluting, 

or 

(B) a technological system for continuous reduction of the pollution generated by a source before such pollution is 

emitted into the ambient air, including precombustion cleaning or treatment of fuels. 

1 

Exh. NMED 13 
( 

c 

Exhibit NMED 13 

Selected Provisions of CAA § § lll & 112 

(8) A conversion to coal (A) by reason of an order \lllder aection 2(a) of the Energy Supply and Environmental 

Coordination Act of 1974 [IS U.S.C.A § 792(a) ] or any amendment thereto, or any subsequent enactment which 

supersedes such Act [IS U.S.C.A § 791 et seq.], or (B) which qualifies under section 7413(d)(S)(A)(ii) of this tide, shall 

not be deemed to be a modification for purposes ofparagnphs (l) and (4) of this subsection. 

(b) List of categories of stationary sources; standards of performance; information on pollution control techniques; sources 

owned or operated by United States; particular systems; revised standards 

(l)(A) The .Administrator shall, within 90 days after December 31, 1970, publish (and from time to time thereafter shall 

revile) a list of categories of stationary soun:ea. He shall include a category of sources in such list if in his judg,nent it causes, 

or contributes significantly to, air pollution which may reasonably be anticipated to endanger public health or welfare. 

(B) Within one year after the inclusion of a category of stationary sources in a Jist under subparagraph (A), the Administrator 

shall publish proposed regulations, establishing Federal standards of performance for new sources within such category. The 

Administrator shall afford interested persons an opportunity for written comment on such proposed regulations. After 

considering such comments, be shall promulgate, within one year after such publication. such standards with such 

modifications as be deems appropriate. The Administrator shall, at least every 8 yean, review a.od. if appropriate, revise such 

standards following the procedure ~ired by this subsection for promulgation of such standards. Notwithstanding the 

rcquimnents of the previous sentence, the Administrator need not review any such standard ifthe Administrator detenn.ines 

that such review iJ not appropriate in light of readily available information on the efficacy of such standard. Standards of 

performance or revisions thereof shall become effective upon promulgation. When implementation and enforcement of any 

requjrement of this chapter indicate that emission limitations and percent reductions beyond those required by the standards 

promulgated under this section are achieved in practice, the Administrator shall, when revising standards promulgated under 

thi& section, consider the emission limitations and percent reductions achieved in practice. 

(l) The Administrator may distinguish among classes, types, and aizes within categories of new sources for the purpose of 

establishing such standards. 

(3) The Administrator shall, from time to time, issue information on pollution control techniques for categories of new 

sources and air pollutants subject to the provisions of this section. 

(4) The provisions of this section shall apply to any new source owned or operated by the United States. 

(!) Except as otherwise authorized under subsection (h) of this section, nothing in this section shall be construed to require, 

or to authorize the Administrator to require, any new or modified source to install and operate any particular technological 

S)'lltem of continuous emission reduction to comply with any new source standard of performance. 

(6) The revised standards of performance required by enactment of subsection (a)(l)(A)(i) and (ii) of this section shall be 

promulgated not later than one year after August 7, 1977. Any ocw or modified fossil fuel fired stationary source which 

commences construction prior to the date of publication of the proposed revised standards shall not be required to comply 

with such revised staodards. 

(c) State unplementation and enforcement of standards of performance 

(1) Each State may develop and subm1t to the Adrrunistrator a procedure for unplernenung and enforcmg standards of 

performance for new sources located in such State. If the Administrator finds the State procedure is adequate, he shall 

2 
Exhibit NMED 13 

Selected Provisions ofCAA §§ 111 & 112 

( delegate to IUCh State any authority he has under this chapter to implement and enforce auch standards. 

( 

(l) Nodung in this subsection shall prohibit the Adm.in.iatrator from enforemg any applicable standard of performance under 

this aection. 

• 

• 

• • • 

United States Code Annotated 

Title 42. The Public Health and Welfare 

Chapter 85. Air Pollution Prevention and Control (Refs & Annos) 

Subchapter L Progranu and Activities 

Part A. Air Quality and Emissions Limitations (Refs 8c Annos) 

42 U.S.C.A. § 7412 

§ 7412. Hazardous air pollutants 

Effective: August 5, 1999 

• • • 

(d) EmlssJon standards 

(1) Ia aenual 

The Administrator shall promulgate regulations estabhshing erruss1on standards for each category or subcategory of major 

sources and area sources of hazardous air pollutant3 listed for regulation pursuant to subsection (c) of this section in 

accordance with the schedules provided in subsections (c) and (e) of this section. The Administrator may distinguish 

among classes, types, and sizu of soUICCS within a category or subcategory in establishing such standards except that, 

there aha1l be no delay in the compliance date for any standard applicable to any source undea- subsection (i) of this section 

as the result of the authority provided by this sentence. 

(l) Staadards and methods 

Emissions standards promulaatcd under this subsection and apphcable to new or exiSting sources of hazardous au 

pollutant3 shall require the maxunum degree of reduction in emissions of the hazardous air pollutants subject to this 

section (including a prohibiuon on such emissions, where acb1cvable) that the Administrator, taking into consideration the 

cost of achieving such emiss1on reduction, and any non-air quahty health and envrronmental impacts and energy 

requirements, determines is acruevable for new or existing sources in the category or subcategory to which such emiss1on 

standard applies, through application of measures, processes, methods, systems or techniques including, but not limited to, 

measures which-

(A) reduce the volume of, or eliminate euWsions of, such pollutants through process changes, substitution of materials 

or other modifications, 

(B) enclose systems or processes to eliminate emissions, 

(C) collect, capture or treat such pollutants when released from a process, stack, stora&e or fugitive emissions point, 

(D) are desip. equipment, work practice, or operational standards (includmg requirements for operator training or 

certification) as provided in subsection (h) of this section, or 

3 
c 

Exhibit NMED 13 

Selected Provisions ofCAA §§ 111 & 112 

(E) are a combination of the above. 

None of the measures described in subparagraphs (A) through (D) sball, consiatent with the provisions of section 

7414(c} of thia title. in any way compromise any United States patent or United States trademark right. or any 

confidential business information, or any trade secret or any other intellectual property right. 

• • • • 

(I) State procnms 

(1) ID 1eneral 

Each State may develop and submit to the Adminutrator- for approval a program for the unplementauon and enforcement 

(including a review of enforcement delegattons prev1ously granted) of emission standards and other requirements for air 

pollutant& subject to this section or requirements for the prevention and mitigation of accidental releases pursuant to 

subsection (r) of this section. A program submitted by a State under this subsection may provide for partial or complete 

delegahOn of the Administnttor's authorities and responsibilities to implement and enforce enussions standards and 

prevention requtrements but shall not include authonty to set standards less stnngent than those promulgated by the 

Administrator under tlus chapter. 

4 
( 

( 

STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER OF PROPOSED 

AMENDMENTS TO AIR QUALITY REGULATIONS 

20.1.77 AND 20.2.82 NMAC No. Em No. 13-07 (R) 

ORDER AND STATEMENT OF REASONS 

FOR REGULATORY CHANGES 

This matter comes before the New Mexico Environmental Improvement Board (''Board'') 

upon a petition filed by the New Mexico Environment Department ("NMED" or "Department'), 

proposing revisions to 20.2.7711!1d 20.2.82 NMAC. The Board heard testimony from the 

Department and admitted exhibits into the record. On November 7, 2013, the Board deliberated 

ll!1d voted to adopt the proposed amendments for the reasons that follow: 

I. 

STATEMENT OF REASONS 

The federal Clean Air Act ("CAA") requims the U.S. Environmental Protection Agency 

("EPA'') to promulgate standards of performance for new stationary sources. CAA § Ill 

(42 U.S.C. § 7411). Regulations promulgated under this authority are known as New 

Source Performance Standards ("NSPS'') ll!1d are contained in 40 C.P.R. Part 60. 

2. CAA § Jll(c) provides for delegation to states of the authority to implement and enforce 

the standard promulgated under Section Ill. 42 U.S.C. § 7411(c). 

3. CAA § 112 requires the EPA to promulgate regulations governing hazardous air 

pollutants. 42 U.S.C. § 7412. Regulations promulgated under this section are known as 

National Emission Standards for Hazardous Air Pollutants ("NESHAP''), contained in 40 

C.F.R. Part 61; ll!1d Maximum Achievable Control Technology "(MACT") standards for 

hazardous air pollutants, contained in 40 C.F .R. Part 63. 

Exh. NMED 14- Proposed Statement of Reasons and Order 

Page I ofS 

Exh. NMED 14 
4. CAA § 112 (1)(1) provides for delegation to states of authority to implement and enforce 

standards promulgated under Section 112. 42 U.S. C.§ 7412(1)(1). 

5. In 1985, the EPA approved delegation of authority to New Mexico to implement and 

enforce the NSPS and NESHAP. See Exhibit NMED 7. 

6. In 1995, the EPA approved delegation of authority to New Mexico to implement and 

enforce the MACT standards. See Exhibit NMED 8. 

7. New Mexico incorporates the federal standards contained in 40 C.F.R Parts 60 and 63 

into the New Mexico Administrative Code ("NMACj at 20.2.77 and 20.2.82 NMAC, 

respectively. 

8. The New Mexico Environment Department ("NMED") periodically petitions the Board 

to update the dates of incorporation of the federal standards in 20.2. 77, and 20.2.82 

NMAC, in order to incorporate recently promulgated revisions to the federal standards. 

See Exhibit NMED 3, Test. ofLany Weaver, at 2. 

9. Pursuant to 20.1.300.A NMAC, any person may petition the Board for amendment of 

regulations within the jurisdiction of the Board. 

10. On June 24, 2013, NMED filed a petition with the Board for a public hearing in this 

matter. See petition in Record Proper. 

11. On July 15, 2013, at a meeting conducted in compliance with the Open Meetings Act and 

other applicable requirements, the Board granted the Depaz1ment's request for a hearing. 

12. On August 30, 2013, Notice ofHearing was published in the New Mexico Register. See 

NMED Exhibit 9a. 

13. On August 28, 2013, Notice of Hearing was published in the Albuquerque Joumal (in 

English and Spanish). ~ NMED Exhibit 9b. 

Exh. NMED 14- Proposed Statement of Reasons and Order 

Page2of5 

( 
( 

( 

' ' '· 

14. NMED filed a Notice of Intent to Present Technical Testimony (''NOI") on October 18, 

2013, in accordance with 20.1.1.302 NMAC. 

15. A hearing was held in this matter on November 7, 2013, in Santa Fe, New Mexico. 

16. The Board has the authority to approve these proposed amendments pursuant to NMSA 

1978, § 74-2-S.C. 

17. The standards adopted by this regulatory change are federal standards, and therefore by 

definition are no more stringent but at least as stringent as the federal standards, in 

compliance with NMSA 1978, § 74-2-S.C (2). 

18. In considering the proposed SIP revisions, the Board is required by the Air Quality 

Control Act, NMSA 1978, § 74-2-S.E to give the weight it deems appropriate to all facts 

and circumstances, including but not limited to (I) character and degree of injury to or 

interference with health, welfare, visibility and property; (2) the public interest, including 

the social and economic value of the sources and subjects of air contaminants; and (3) 

technical practicability and economic reasonableness of reducing or eliminating air 

contaminants from the sources involved and previous experience with equipment and 

methods available to control the air contaminants involved. 

19. The federal NSPS are established by the EPA based on the best system of emission 

reductions which have been adequately demonstrated, taking into account the costs of 

achieving such reductions and any nonair quality health and environmental impact and 

energy requirements. 42 U.S.C. § 74ll(aXl). 

20. The federal MACT are established by the EPA for categories and subcategories of 

sources of emissions of hazardous air pollutants, based on the maximum degree of 

reduction of emissions achievable, taking into consideration the cost of achieving the 

Exh. NMED 14- Proposed Statement of Reasons and Order 

Page 3 ofS 
reductions, any nonair quality health and environmental impacts and energy 

requirements. 42 U.S.C. § 7412(d)(2). 

21. EPA's determination ofNSPS and MACT standards therefore considers the character and 

degree of injury to or interference with health, and welfare; the public interest, including 

the social and economic value of the sources and subjects of air contaminants; and the 

technical practicability and economic reasonableness of reducing or eliminating air 

contaminants from the sources involved. 

22. Incorporation by reference of the federal standards into the New Mexico Administrative 

Code docs not change the substantive standards applicable to affected sources in New 

Mexico because the EPA retains authority for direct enforcement of the regulations. See 

Exhibit NMED 3, Test. of Lany Weaver, at 1. Accordingly, this rulemaking will not 

result in any increase in economic hardship for sources or any increase in air contaminant 

emissions, but will increase the efficiency of implementation of the regulations. See /d 

at 2. This serves the public interest. 

23. The proposed amendments therefore satisfy the statutory requirements of the Air Quality 

Control Act, NMSA 1978, § 74·2-S.E. 

24. The notice and hearing requirements ofNMSA 1978 Section 74-2-6 and 20.1.1 NMAC 

were satisfied in this ruleroaking process. 

25. The proposed amendments are adopted for any or all of the reasons stated above. 

ORDER 

By vote of a quorum of the Board members, the proposed regulatory 

revisions were approved by the Board on November 7, 2013. Amendments to 20.2. 77 and 

20.2.82 NMAC, with any appropriate corrections of typographical errors, or formatting shall be 

Exh. NMED 14 - Proposed Starcment of Reasons and Order 

Page 4 of5 

( 
( 

( 

( 

filed with the New Mexico State Records Center, and shall be submitted as expeditiously as 

possible by the Department to the EPA for approval of delegation authority. 

On Behalf of the Board 

Exh. NMED 14- Proposed Statement of Reasons and Order 

PageS ofS 

Dated:---------
/ 

/~~ ~'"">c~t, I . 

I 

f 

\ 

\ 
( 

( 

( 

SUSANA loiAilTIHEZ 

Govomor 

JOliN A. SA!'ICHEZ 

U...tenantGovomO< 

October 17, 2013 

NEW MEXICO 

ENVIRONMENT DEPARTMENT 

Office of General Cotmsel 

Raroklltulwla Bulkling 

1190 SAint frMCia Dr., Sll!lla Fe, NM 87SOS 

PO Baa: 5469, Santa Fo. NM 87502·5469 

Phone (505) 827-2855 Fax (50S) 827·2836 

WW\V.nmenv .auate.mn.us 

New Mexico Eeonomie Development Department 

Small Business Regulatory Advisory Commission 

1100 St. Francis Drive 

Santa Fe, New Mexico 87501 

Via U.S Postal Service & E-Mail 

R.YANFLYNN 

Cabioet Semlar)I-DesiJ1141C 

tun:H TONOAlE 

o.,..ry S........wcy 

Re: Proposed Amendments to Air Quality Regulations 20.2. 77 and 20.2.82 NMAC; 

Dear Chainnan and Members of the Small Business Regulatory Advisory Commission: 

This Jetter is to provide you with notice of an upcoming hearing in the above captioned matter. 

It involves updates to the incorpon~lion by reference of federal New Source Performance 

Standards, and Maximum Achievable Control Technology standards. The Air Quslity Bureau 

does not believe that the proposed revisions will have an adverse effect on small businesses. 

Under the federal Clean Air Act, Sections 111 and 112, the U.S. EPA retains the authority to 

enforce these standards regardless of whether a state chooses to implemeltt them. Therefore 

adoption of these standards as state regulations docs not add to the regulatory burden of industry, 

but rather enables the state to assume the primary role in implementing the standards. 

The hearings in this matter will be held at the regularly scheduled meeting of the Environmental 

Improvement Board on November7, 2013, at 10:00 a.m. in Room 311 at the State Capital in 

Santa Fe, New Mexico. More infomutt:ion on the proposed revisions may be foll!ld at: 

http;//www.runeny.stnte.nm.us/agb/pmp regs.htm!. Please feel free to contact me with any 

questions. 

Sincerely, 

~:::;:>_.-.;!; s 

Bill Grantham 

Assistant General Counsel 

Exh. NMED 16 
STATE OF NEW :MEXICO 

ENVIRONMENTAL IMPROVE:MENT BOARD 

IN THE MATTER OF PROPOSED 

A:MEND:MENTS TO AIR QUAIJTY REGULATIONS 

20.2.77 AND20.2.82NMAC No. Em No. 13-07 (R) 

ORDER AND STATE:MENT OF REASONS 

FOR REGULATORY CHANGES 

This matter comes before the New Mexico Envirorunentallrnprovement Board ("Board") 

upon a petition filed by the New Mexico Envirorunent Department ("NMED" or "Department"), 

proposing revisions to 20.2. 77 and 20.2.82 NMAC. The Board heard testimony from the 

Department and admitted exhibits into the record. On November 7, 2013, the Board deliberated 

and voted to adopt the proposed amendments for the reasons that follow: 

ST ATE:MENT OF REASONS 

L The federal Clean Air Act ("CAA'') requires the U.S. Envirorunental Protection Agency 

("EPA") to promulgate standards of performance for new stationary sources. CAA § 111 

(42 U.S.C. § 7411). Regulations promulgated under this authority are known as New 

Source Performance Standards ("NSPS") and are contained in 40 C.F.R. Part 60. 

2. CAA § Ill( c) provides for delegation to states of the authority to implement and enforce 

the standard promulgated under Section 111. 42 U.S.C. § 7411(c). 

3. CAA § 112 requires the EPA to promulgate regulations governing hazardous air 

pollutants. 42 U.S.C. § 7412. Regulations promulgated under this section are known as 

National Emission Standards for Hazardous Air Pollutants ("NESHAP"), contained in 40 

C.F.R. Part 61; and Maximum Achievable Control Technology "(MACT") standards for 

hazardous air pollutants, contained in 40 C.F.R. Part 63. 

Exh. NMED 14- Statement of Reasons and Order 

Page 1 of5 
4. CAA § 112 (1)(1) provides for delegation to states of authority to implement and enforce 

standards promulgated under Section 112. 42 U.S.C. § 7412(1)(1). 

5. ln 1985, the EPA approved delegation of authority to New Mexico to implement and 

enforce the NSPS and NESHAP. See Exhibit NMED 7. 

6. ln 1995, the EPA approved delegation of authority to New Mexico to implement and 

enforce the MACT standards. See Exhibit NMED 8. 

7. New Mexico incorporates the federal standards contained in 40 C.F.R Parts 60 and 63 

into the New Mexico Administrative Code ("NMAC") at 20.2.77 and 20.2.82 NMAC, 

respectively. 

8. The New Mexico Environment Department ("NMED") periodically petitions the Board 

to update the dates of incorporation of the federal standards in 20.2.77, and 20.2.82 

NMAC, in order to incorporate recently promulgated revisions to the federal standards. 

See Exhibit NMED 3, Test. of Lany Weaver, at 2. 

9. Pursuant to 20.1.300.A NMAC, any person may petition the Board for amendment of 

regulations within the jurisdiction of the Board. 

10. On June 24, 2013, NMED filed a petition with the Board for a public hearing in this 

matter. See petition in Record Proper. 

11. On July 15, 2013, at a meeting conducted in compliance with the Open Meetings Act and 

other applicable requirements, the Board granted the Department's request for a hearing. 

12. On August 30, 2013, Notice of Hearing was published in the New Mexico Register. See 

NMED Exhibit 9a. 

13. On August 28, 2013, Notice of Hearing was published in the Albuquerque Journal (in 

English and Spanish). See NMED Exhibit 9b. 

Exh. NMED 14 - Statement of Reasons and Order 

Page2 of5 
14. NMED filed a Notice of Intent to Present Technical Testimony ("NOr') on October 18, 

2013, in accordance with 20.1.1.302 NMAC. 

15. A hearing was held in this matter on November 7, 2013, in Santa Fe, New Mexico. 

16. The Board has the authority to approve these proposed amendments pursuant to NMSA 

1978, § 74-2-S.C. 

17. The standards adopted by this regulatory change are federal standards, and therefore by 

defmition are no more stringent but at least as stringent as the federal standards, in 

compliance with NMSA 1978, § 74-2-S.C (2). 

18. The proposed revisions satisfy the requirements of the Air Quality Control Act, NMSA 

1978, § 74-2-S.E in that the Board has given the weight it deems appropriate to all facts 

and circumstances, including but not limited to (1) character and degree of injury to or 

interference with health, welfare, visibility and property; (2) the public interest, including 

the social and economic value of the sources and subjects of air contaminants; and (3) 

technical practicability and economic reasonableness of reducing or eliminating air 

contaminants from the sources involved and previous experience with equipment and 

methods available to control the air contaminants involved. 

19. The federal NSPS are established by the EPA based on the best system of emission 

reductions which have been adequately demonstrated, taking into account the costs of 

achieving such reductions and any nonair quality health and environmental impact and 

energy requirements. 42 U.S.C. § 74ll(a)(l). 

20. The federal MACT standards are established by the EPA for categories and subcategories 

of sources of emissions of hazardous air pollutants, based on the maximum degree of 

reduction of emissions achievable, taking into consideration the cost of achieving the 

Exh. NMED 14 - Statement of Reasons and Order 

Page3 of5 
reductions, any nonair quality health and environmental impacts and energy 

requirements. 42 U.S.C. § 7412(d)(2). 

21. EPA's determination ofNSPS and MACT standards therefore considers the character and 

degree of injury to or interference with health, and welfare; the public interest, including 

the social and economic value of the sources and subjects of air contaminants; and the 

technical practicability and economic reasonableness of reducing or eliminating air 

contaminants from the sources involved. 

22. Incorporation by reference of the federal standards into the New Mexico Administrative 

Code does not change the substantive standards applicable to affected sources in New 

Mexico because the EPA retains authority for direct enforcement of the regulations. See 

42 U.S.C. § 74ll(c)(2) and 42 U.S.C. § 7412(1)(7). Accordingly, this rulemaldng will not 

result in any substantial increase in economic hardship for sources or any increase in air 

contaminant emissions, but will increase the efficiency of implementation of the 

regulations. See ld. at 2. 

23. The Department testified regarding its plan to implement the proposed amendments in a 

careful, efficient, and conservative manner, specifically as it relates to the 0000 

standards to petroleum storage tanks and the oil and gas industry. It specifically referred 

to its plan to utilize the thresholds set forth in the general construction contract to assist 

industry in easily complying with such rules. For this reason the Board determined that 

the proposed amendments do not substantially impact the State of New Mexico's 

economy or are unduly burdensome for industry. In addition, efficient and conservative 

implementation of the standards by the Department serves the public interest. 

Exh. NMED 14- Statement of Reasons and Order 

Page4 ofS 
24. In addition to EPA's own determination, based on the evidence set forth above, the Board 

has independently determined that the proposed amendments therefore satisfy the 

statutory requirements of the Air Quality Conrrol Act, NMSA 1978, § 74-2-S.E. 

25. The notice and hearing requirements of NMSA 1978 Section 74-2-6 and 20.1.1 NMAC 

were satisfied in this rulemaking process. 

26. The proposed amendments are adopted for any or all of the reasons stated above. 

ORDER 

By a unanimous vote of a quorum of the Board members, the proposed regulatory 

revisions were approved by the Board on November 7, 2013. Amendments to 20.2.77 and 

20.2.82 NMAC, with any appropriate corrections of typographical errors, or formatting shall be 

filed with the New Mexico State Records Center, and shall be submitted as expeditiously as 

~ 

possible by the Department to the EPA for approval of delegation authority. 

Deb011ll1APeaCO o.oo, """'---+P-f---+-'-..~fi3,}--- On Behalf of the Board 

Exh. NMED 14- Statement of Reasons and Order 

Page 5 of5 
1 

2 

3 

STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

No. EIB 13-07(R) 

4 IN THE MATTER OF PROPOSED 

AMENDMENTS TO AIR QUALITY REGULATIONS 

5 20.2.77 AND 20.2.82 NMAC 

6 

7 

8 

9 

10 

11 

12 

13 

14 TRANSCRIPT OF PROCEEDINGS 

15 

16 BE IT REMEMBERED that on the 7th day of 

17 November, 2013, the above-entitled matter came on for 

18 hearing before the New Mexico Environmental Improvement 

19 Board, taken at the State Capitol Building, Room 311, 

20 Santa Fe, New Mexico, at the hour of 10:35 a.m. 

21 

22 

23 

24 

25 

KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

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

1 
1 APPEARANCES 

2 For the Environmental Improvement Board: 

3 DEBORAH PEACOCK 

GREGORY H. FULFER 

4 JOHN MICHAEL VOLKERDING 

TIMOTHY L. MORROW 

5 ELIZABETH RYAN 

MATTHEW HOLT 

6 

ABBY LEWIS 

7 Assistant Attorney General 

Civil Division 

8 Office of the Attorney General 

Post Office Drawer 1508 

9 Santa Fe, New Mexico 87504-1508 

(505) 827-6921 

10 alewis@nmag.gov 

11 For the New Mexico Environment Department: 

12 BILL GRANTHAM 

Assistant General Counsel 

13 Office of General Counsel 

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New Mexico Environment Department 

1190 St. Francis Drive 

Suite N-4068 

Santa Fe, New Mexico 87505 

(505} 222-9594 

bill.grantham@state.nm.us 

KATHY TOWNSEND COURT REPORTERS 

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1 I N D E X 

2 PAGE 

3 WITNESSES: 

4 LANY WEAVER and RITA BATES 

5 Direct Examination of Lany Weaver 

6 by Mr. Grantham 8 

7 Direct Examination of Rita Bates 

8 by Mr. Grantham 19 

9 Examination by the Board 21 

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1 E X H I B I T S 

2 ADMITTED 

3 NMED: 

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1. 

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9a. 

9b. 

10. 

11. 

Resume of Lany Weaver 

Resume of Rita Bates 

Written Testimony of Lany Weaver 

Proposed revised amendments to 

20.2.77 NMAC 

Proposed amendments to 20.2.82 NMAC 

List of Amendments to 40 CFR 60 and 63 

Published int he Federal Register from 

January 1 2011 to August 29, 2013 and 

September 23, 2013 

Environmental Protection Agency Letter, 

March 15, 1985 

Environmental Protection Agency Letter, 

July 27, 1985 

Affidavit of Publication in the 

New Mexico Register 

Ad Proof/Order Confirmation for the 

Albuquerque Journal 

New Mexico Environment Department letter, 

July 1, 2013 

Lany Weaver E-mail, September 23, 2013 

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1 E X H I B I T S (Continued) 

2 ADMITTED 

3 Nt1ED (Continued): 

4 12. Environmental Protection Agency 

5 Memorandum, August 30, 2013 20 

6 13. Excerpts from 42 USCA Section 7411 

7 and 7412 20 

8 14. Order and Statement of Reasons for 

9 Regulatory Changes 20 

10 15. CD containing Federal Register notices 20 

11 16. New Mexico Environment Department letter, 

12 October 17, 2013 20 

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KATHY TOWNSEND COURT REPORTERS 

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1 MS. PEACOCK: We'll move on to item number 7, 

2 which is hearing and possible deliberations in EIB 

3 13-07, proposed amendments to air quality regulations 

4 20.2.77 and 20.2.82, Mr. Grantham. 

5 And I'll turn this over to our Hearing 

6 Officer, Vice-Chair Volkerding. 

7 MR. VOLKERDING: Okay. 

8 My name is John Volkerding. I was designated 

9 by the Environmental Improvement Board to act as Hearing 

10 Officer in this rna t ter. 

11 This hearing is being held to consider 

12 amendments to air quality control regulations 20.2.77 

13 and 20.2.82 NMAC. The rulemaking petition was filed by 

14 the Environment Department and docketed by the 

15 administrator as EIB 13-07 (R). 

16 The hearing will be conducted in accordance 

17 with the Board's rulemaking procedures set out in 20.1.1 

18 NMAC. I will conduct the hearing so as to provide 

19 reasonable opportunity for all persons to be heard. 

20 The Rules of Civil Procedure and Rules of 

21 Evidence do not apply, but I'll make whatever orders are 

22 necessary to preserve decorum. 

23 All testimony will be taken under oath, and 

24 all persons giving testimony will be subject to 

25 cross-examination by any other person in attendance on 

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1 the subject matter of their testimony and on matters 

2 affecting their credibility. 

3 The hearing is being recorded and transcribed 

4 by Cheryl Arreguin of Kathy Townsend Court Reporters. A 

5 copy of the transcript may be obtained directly from the 

6 court reporter, and it also does become a public record, 

7 viewable in the office of the Board administrator. 

8 If you have not signed in, please do so. 

9 If you have a phone or pager, please silence 

10 it. 

11 Board members, the file contains the petition 

12 for hearing and the Department's notice of intent to 

13 present technical testimony. 

14 No other parties have filed motions. 

15 There will be an opportunity for public 

16 comment. 

17 Mr. Grantham, if you'd like to make your 

18 appearance and introduce your witnesses. 

19 MR. GRANTHAM: Good morning, Mr. Hearing 

20 Officer, Madam Chair, members of the Board, Counsel. 

21 My name is Bill Grantham, and I represent the 

22 New Mexico Environment Department. 

23 And with me today from the Air Quality Bureau 

24 are Ms. Lany Weaver and Ms. Rita Bates. And similar to 

25 the last hearing, we only have direct questions 

KATHY TOWNSEND COURT REPORTERS 

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1 direct testimony for Ms. Weaver, and Ms. Bates is here 

2 to answer any questions from the Board. 

3 Thank you. 

4 

5 

MR. VOLKERDING: Thank you. 

So if you'd like to have your witnesses sworn 

6 in, please. 

7 

8 

9 

10 

11 

LANY WEAVER and RITA BATES 

having been first duly sworn or affirmed, were 

examined and testified as follows: 

MR. VOLKERDING: Go ahead, Mr. Grantham. 

MR. GRANTHAM: Thank you. 

12 DIRECT EXAMINATION OF LANY WEAVER 

13 BY MR. GRANTHAM: 

14 Q. Ms. Weaver, please state your name for the 

15 record. 

16 

17 

18 

A. 

Q. 

A. 

Lany Weaver. 

And where do you work? 

The Environment Department, Environmental 

19 Protection Division, Air Quality Bureau. 

20 Q. And how long have you been with the Air 

21 Quality Bureau? 

22 A. Twenty-three years. 

23 Q. Can you briefly describe your relevant 

24 educational background. 

25 A. Bachelor of science in mechanical engineering 

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1 at the University of California, Davis. 

2 Q. And is a copy of your resume included in the 

3 notice of intent that was filed in this case? 

4 A. Yes. 

5 Q. And is that NMED Exhibit 1? 

6 A. Yes. 

7 Q. And can you briefly describe your duties at 

8 the Air Quality Bureau. 

9 A. To develop and review State Implementation 

10 Plans and regulatory language and conduct public 

11 outreach. 

12 Q. And did you develop the proposed regulatory 

13 changes that are the subject of this hearing? 

14 A. Yes. 

15 Q. And did you provide written testimony for this 

16 hearing? 

17 A. Yes. It's -- it is at NMED Exhibit Number 3. 

18 Q. And do you adopt that written testimony as 

19 your testimony today here under oath? 

20 A. Yes. 

21 Q. Can you please describe the objective of 

22 NMED's proposal. 

23 A. Well, under the federal Clean Air Act, the 

24 authority to implement and enforce specific federal air 

25 quality regulations may be delegated to the states. 

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10 

1 That language in the Clean Air Act is included as 

2 Exhibit 13. 

3 New Mexico has previously sought and obtained 

4 implementation authority for air quality standards under 

5 the Clean Air Act and periodically requests that the 

6 Board update the date -- the state rules by which we 

7 take delegation of the federal standards. 

8 And the proposed regulatory revisions would 

9 allow NMED to take delegation of new rules and 

10 amendments made to federal regulations during the period 

11 of January 1, 2011, to September 23rd, 2013. 

12 Q. And as a general background matter, why does 

13 the state take delegation of federal rules? 

14 A. The implementation of rules by the Department 

15 is more efficient and more effective than reliance on 

16 the federal implementation. EPA retains oversight 

17 authority through Region 6, the Dallas offices, but they 

18 don't have the staff or the resources to perform 

19 day-to-day implementation. 

20 On the other hand, the Department is well 

21 positioned to determine which standards are applicable 

22 to sources and to determine source compliance through 

23 our inspection program and our permit program. 

24 And generally, both EPA and the regulated 

25 community prefer that the Department implement and 

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1 enforce the air quality regulations rather than EPA. 

2 Q. And does taking delegation of federal rules 

3 either increase the regulatory burden on facilities or 

4 result in increased emissions of air pollutants? 

5 A. No. Taking delegation of the existing federal 

6 rules does not alter the requirements of the federal 

7 rules, and as a result, this rulemaking will not result 

8 in any increase in economic hardship for sources or any 

9 increase in air contaminant emissions. 

10 Q. Moving on to the particular regulations at 

11 issue today, can you please describe the NMAC parts that 

12 are proposed for revision. 

13 A. Well, there are two, 20.2.77 NMAC and 20.2.82 

14 NMAC, referred to as Parts 77 and 82. 

15 The similarities between the regulations are 

16 that each provides a vehicle by which the state takes 

17 delegation for a very specific portion of the federal 

18 rules under the Clean Air Act and that are codified in 

19 Chapter 40 of the Code of Federal Regulations, or 40 

20 CFR. 

21 And to accomplish this, each rule states that 

22 the relevant federal rules as promulgated by the USEPA 

23 and amended in the Federal Register through a specified 

24 date are hereby incorporated into this part. 

25 And each rule sets out exceptions in its 

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1 Section 10, which are federal -- which are the federal 

2 rules that are not incorporated by reference, and these 

3 exceptions are not being amended at this time. 

4 Specific to Part 77, its title is New Source 

5 

6 

Performance Standards, which is referred to as NSPS. It 

was first adopted in 1995. We had the statutory 

7 authority to delegate it under the Clean Air Act 

8 Section 111 (c). 

9 It incorporates by reference the federal 

10 standards in 40 CFR Part 60. The sections that are to 

11 be amended are 2 and 9, and their proposed through date 

12 is September 23rd, 2013. 

13 The exhibit number is the proposed rule -- of 

14 the proposed rule is NMED 4, and the exhibit number for 

15 the initial EPA delegation agreement is Exhibit 7. 

16 The other regulation, Part 82, is titled 

17 Maximum Achievable Control Technology Standards for 

18 Source Categories of Hazardous Air Pollutants. 

19 I'm not sure that that's correct. 

20 Could you look at the rule? 

21 It's referred to as the MACT standards, but 

22 

23 

24 

25 

that might be 78. I don't want to be incorrect there. 

MS. BATES: No. That's correct. 

MS. WEAVER: That's correct. 

MS. BATES: Yes. 

KATHY TOWNSEND COURT REPORTERS 

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1 MS. WEAVER: Okay. Thank you. 

2 It was first adopted in 1998. The statutory 

3 authority to delegate is 111 -- excuse me 112 (1) (7) 

4 of the Clean Air Act. It incorporates by reference 40 

5 CFR Part 63. The sections to be amended are 2 and B. 

6 The through date is August 29th, 2013. 

7 The exhibit number is 5 for the rule, and for 

8 the initial EPA delegation agreement, it's Exhibit 8. 

9 And we have other rules that by which the 

10 state accepts delegation of federal rules, but they are 

11 not being proposed for revision at this time. 

12 

13 Q. 

MR. GRANTHAM: Thank you. 

With respect to the federal rules at issue, 

14 can you describe specifically what federal regulations 

15 would be incorporated if the Board amends the dates of 

13 

16 incorporation in the NMAC sections as the Department has 

17 requested. 

18 A. Yes. As mentioned previously, Parts 77 and 82 

19 each states that the relevant federal rules as 

20 promulgated by the EPA and amended in the Federal 

21 Register through specified date are incorporated. The 

22 Federal Register notices are formal announcements of new 

23 or revised regulations, including the NSPS and MACT 

24 standards. 

25 NMED Exhibit 6 is a list of the notices that 

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1 announced the amendments that are being incorporated 

2 into this proposal, and that's a table that includes the 

3 digital file name used in Exhibit 15, the date of 

4 publication in the Federal Register, and the parts of 40 

5 CFR that are amended, which could be Part 60 or 63 or 

6 both, as well as the title of that notice. 

7 The full text of the Federal Register notices 

8 are included on the CD that is NMED Exhibit 15, and if 

9 printed, those notices would total over 1, 600 pages, and 

10 that's why we've given it to you on a CD. 

11 The file name for each rule corresponds with 

12 the file name listed in NMED Exhibit 6. 

13 Q. And is the Department proposing any revisions 

14 to the proposed regulatory changes as compared to the 

15 versions that were contained in the petition for the 

16 hearing -- for this hearing? 

17 A. Yes. We're asking that the through date in 

18 Part 77, which was originally proposed to be 

19 August 29th, 2013, as in the other rule, be amended to 

20 September 23rd, 2013. 

21 The amended only incorporates one additional 

22 federal rulemaking, which is -- which are amendments to 

23 NSPS, which is 40 CFR Part 16 Subpart 0000, which is 

24 referred to as quad 0. No other NSPS were published in 

25 the Federal Register between August 29th and 

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1 September 23rd. 

2 It's necessary for NMED to take delegation of 

3 the most recent version of quad 0. Because it relates 

4 to oil and gas, the NSPS quad 0 is of particular 

5 interest to New Mexico, and to have delegation of an 

6 outdated version could compromise our ability to 

7 implement it and also create confusion. 

8 From our first notification regarding this 

9 rulemaking, NMED has stated our intention to take 

10 delegation of the amendments of NSPS quad 0. And that 

ll was in a stakeholder letter July lst, 2013, we stated 

12 that intention. And that letter is NMED Exhibit 10. 

13 And with respect to Part -- Part 82, no 

14 changes from the petition version are proposed. 

15 Q. Then were interested parties given notice of 

16 the revision to the date of incorporation with respect 

17 to Part 77 which you just described? 

18 A. Yes. On the day that quad 0 amendments were 

19 published in the Federal Register, we sent an E-mail to 

20 stakeholders informing them of our intention to amend 

21 the date in Part 77 to September 23rd, 2013, and we --

22 we explained why. 

23 And that is in NMED Exhibit 11, which includes 

24 also another E-mail sent the next day correcting I 

25 mistakenly gave the wrong date for the hearing. So I 

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1 corrected that the next day. 

2 The stakeholder list includes facility owners, 

3 industry organizations, public interest groups and 

4 anyone that's expressed an interest. 

5 The stakeholders have had adequate opportunity 

6 also to review the -- the new changes to the NSPS quad 0 

7 that we're asking to be incorporated, and that's because 

8 the original -- well, the original through date of 

9 August 29th, 2013, was chosen to allow stakeholders at 

10 least 60 days prior to the hearing to review the rules 

11 that were incorporated by reference. 

12 Quad -- NSPS quad 0 was finalized and 

13 immediately released to the public before that on 

14 August 6, 2013, but unfortunately, they had some 

15 nonsubstantive errors in what they finalized, and on 

16 August 30th EPA issued a memo of -- on inadvertent 

17 errors that outlined those errors in the finalized rule. 

18 We've included that as Exhibit 12. 

19 And the correction of these errors did not 

20 change the substance of the rule. But as a result of 

21 having to correct those inadvertent mistakes, the 

22 publication of quad 0 in the Federal Register was 

23 delayed until September 23rd, 2013, and although the 

24 rule itself was available long before. 

25 The public has, as a result, had access to the 

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1 rule in its final form for far more than 60 days prior 

2 to today. 

3 We believe this amended proposal is 

4 appropriate because the finalized part 0 has been 

5 available throughout the public comment period and no 

6 substantive changes were made between finalization and 

17 

7 publication. Stakeholders have had adequate opportunity 

8 to review NSPS subpart quad 0, and also, we have 

9 received no comments on the proposal or the amendment 

10 that would include quad 0, and there have been no 

11 objections from any of our stakeholders. 

12 

13 

Q. Okay. Thank you. 

And are you familiar with provisions in the 

14 Air Quality Control Act at 74-2-5.E, which require the 

15 Board to take certain factors under consideration when 

16 adopting regulations? 

17 A. Yes. They include the character and degree 

18 of -- excuse me -- the character and degree of injury to 

19 or interference with health and welfare, the public 

20 interest including the social and economic value of the 

21 sources and subjects of air contaminants, and the 

22 technical practicability and economic reasonableness of 

23 reducing or eliminating air contaminants from the 

24 sources involved. 

25 Q. And in your opinion, does the proposed 

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1 adoption by reference of the recent NSPS and MACTs 

2 satisfy those statutory factors? 

3 A. Yes. There will be no change in requirements 

4 that apply to facilities in New Mexico or any increase 

5 in emissions as a result of this regulatory amendment. 

6 And as a result, there will be no injury or interference 

7 to public health, welfare, public interest or the 

8 economy. 

9 Q. And to your knowledge, is EPA required to 

10 consider similar factors when developing the NSPS and 

11 the MACTs in the first place? 

12 A. Yes. When developed, the federal regulations, 

13 the state -- there are federal regulations that state 

14 that when the EPA is proposing laws, that they take into 

15 consideration the best system of emissions reductions 

16 which have been adequately demonstrated, taking into 

17 account the costs of achieving such reductions and any 

18 nonair quality -- nonair quality health and 

19 environmental impact and energy requirements. 

20 So they are required-- they're under similar 

21 requirements. 

22 Q. Okay. Thank you. 

23 Did the Department provide public notice of 

24 this hearing? 

25 A. Yes. The EIB's rulemaking regulations require 

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1 that the notice of this hearing be published in a 

2 newspaper of general circulation and the New Mexico 

3 Register. The notice was published in English and 

4 Spanish in the Albuquerque Journal on August 28th, 2013, 

5 and in the New Mexico Register on August 30th, 2013. 

6 And it's been posted on the NMED Air Quality Bureau web 

7 site since August 12th, 2013. 

8 The notices are also contained in Exhibits 9a 

9 and 9b. And as described above, we also provided 

10 E-mails to stakeholders, and we have no comments 

11 whatsoever. 

12 Q. So in conclusion, does the Department 

13 recommend the amendments to Part 77 and Part 82? 

14 A. Yes. The Department believes that it would be 

15 most beneficial to the state to take delegation of the 

16 recent federal rules under 40 CFR Part 60 and 63, and 

17 this is accomplished through the proposed regulations 

18 amendments to Part 77 and Part 82. 

19 Q. Thank you. 

20 I have no further questions of Ms. Weaver. 

21 I will ask just a question to establish the 

22 record for Ms. Bates. 

23 DIRECT EXAMINATION OF RITA BATES 

24 BY MR. GRANTHAM: 

25 Q. Can you please state your name for the record. 

KATHY TOWNSEND COURT REPORTERS 

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1 A. Rita Bates. 

2 Q. And was your resume submitted as part of the 

3 notice of intent to present technical testimony? 

4 

5 

6 

7 

8 

9 

A. 

Q. 

A. 

Q. 

Yes, it was. 

And is that at NMED Exhibit 2? 

Yes. 

Thank you. 

I have no further questions. 

At this point, I would move for admission of 

10 Exhibits NMED 1 through 13 and 15, and I would also add 

20 

11 at this point that Exhibit 14 is a proposed statement of 

12 reasons which has been included in the NOI as provided 

13 by-- in 20.1.1, and NMED Exhibit 16 is a letter to the 

14 Small Business Regulatory Advisory Commission that I 

15 sent as -- just to alert them of this -- the occurrence 

16 of this hearing, even though it's the opinion of the 

17 Department, the determination of the Department that 

18 this will have no impact on -- adverse impact on small 

19 businesses. 

20 So with that, I would move for the admission 

21 of NMED Exhibits 1 through 16. 

22 

23 

24 

25 

MR. VOLKERDING: Okay. They're admitted. 

Thank you. 

(Exhibits NMED 1 through 16 admitted into 

evidence.) 

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MR. GRANTHAM: Thank you. 

We stand for cross-examination. 

1 

2 

3 MR. VOLKERDING: Questions from members of the 

4 Board? 

5 EXAMINATION 

6 BY THE BOARD: 

7 MR. VOLKERDING: Mr. Fulfer. 

8 MR. FULFER: On your Exhibit 10, I'm a little 

9 confused in the -- on where you're taking delegation or 

10 taking an alternative approach. 

11 Can you explain that just a little bit more? 

12 

13 

MS. WEAVER: 

MR. FULFER: 

I'm sorry. What --

It's the second paragraph from 

14 the -- from the end of that Exhibit 10. 

15 MS. WEAVER: Second from the end? 

16 MR. FULFER: That's the best way I've got to 

17 describe it. 

18 

19 

MS. WEAVER: Oh. In the rule, it allows us to 

make exceptions, so we could -- could have said we we 

20 take delegation of all of the federal rules for a 

21 certain period of time except specific ones. And 

22 historically we have chosen specific ones that we have 

23 not taken delegation of because we thought that would be 

24 better taken by the -- administered by the EPA, like the 

25 radionuclides, NESHAP. 

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2 

MR. FULFER: 

MS. WEAVER: 

So --

There are some that we haven't. 

3 And so when we first sent out the letter, we said, you 

22 

4 know, we could just say have the feds do quad 0, but the 

5 letter explained that even though that is an option, 

6 this is just basically to inform them that that's an 

7 option, we had decided in-house that it would be more 

8 appropriate for the Department to implement it. 

9 

10 

l1 

12 

MR. FULFER: To implement it. 

MS. WEAVER: Yeah. 

MR. FULFER: Okay. 

On page 3 of your testimony, it talks about 

13 the Federal Register notices for revision to 40 CFR Part 

l~ 60 and 63, and it says in there that quad 0 would not be 

15 included if the Board adopts Part 77. 

16 Is -- I'm still a little confused abou~ --

17 

18 

19 

MS. WEAVER: Oh. What -- that -- it was 

poorly written. Sorry. 

If -- if Part 77 was adopted as it was 

20 originally proposed in the request for hearing, then the 

21 date would not have would not be -- the date would be 

22 August 29th. In our original proposal when we requested 

23 a hearing, we said August 29th is the date through --

24 the published through date. 

25 Since then we have requested that that date be 

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1 changed, so that now we're proposing the date be 

2 September 23rd. If we didn't move that date, then quad 

3 0 would not be included in this -- in this change, and 

4 quad 0 would not be incorporated by reference. 

5 So it's up to the Board to decide whether to 

6 accept the Department's amended exhibit rather than the 

7 original one that we requested hearing for. 

8 

9 

10 

11 

12 

13 

14 

questions. 

you, Rita. 

MR. FULFER: Okay. 

MR. VOLKERDING: Any other questions? 

Member Ryan. 

MS. RYAN: Yes. I'd like to talk-- two 

And -- and this may be better addressed to 

I'm not sure. 

One, I'd like to hear some testimony on the 

15 substance of quad 0, what it actually does. 

16 And then, second, how the state plans to 

17 implement quad 0, if we adopt it. 

18 MS. BATES: Actually, I believe that 

19 Ms. Weaver would be the correct 

MS. RYAN: Okay. 

23 

20 

21 MS. BATES: person to answer the substance. 

22 I know that what I can say is that we've 

23 been working diligently with our oil and gas 

24 stakeholders on developing a new general construction 

25 permit to cover sources that hadn't previously been 

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1 regulated by New Mexico, that were covered under quad 0, 

2 and so that they will easily be able to have permits for 

3 those sources under a general permit, which is a very 

4 simple way of doing it. 

5 It's a 30-day -- basically a 30-day action for 

6 us, and it covers them that -- that way they don't have 

7 to do like major permitting actions all across the 

8 state. 

9 So we have been working very closely with the 

10 regulated community on the requirements in quad 0, and 

11 as you can see, apparently, they're happy with the 

12 outcome of that since no one's here to request that we 

13 don't take delegation. 

14 

15 

MS. RYAN: 

MS. BATES: 

Okay. 

But I will let Ms. Weaver talk 

16 about all of the things -- the substance of quad 0. 

17 You researched it more than I have. 

18 MS. WEAVER: Well, in our July 24th -- or --

19 excuse me -- June 24th petition for hearing, Attachment 

20 D is a summary of the proposed updates to requirements 

21 for storage tanks used in oil and natural gas 

22 production. And it's -- goes on for a few pages. 

23 Basically storage tanks are very common in the 

24 oil and gas industry, to hold things before they're 

25 transported, and they're temporary, and this action that 

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1 EPA proposed -- and this talks about the proposal, 

2 because it had not yet gone final -- would set standards 

3 of performance for the emissions of volatile organic 

4 compounds that come out of those storage tanks. 

5 

6 

7 

And it sets emission limits. There's test 

protocols. Control equipment. Clarifies the type of 

tanks in the rule. Monitoring. There's -- it's 

8 actually fairly extensive. 

9 And so when -- the general construction permit 

10 that the Department is developing would actually provide 

11 sources an avenue to get a permit that would reduce 

12 their emissions to the point that they would not be 

13 subject to quad 0 at all. 

14 MS. RYAN: Can you -- can you explain that in 

15 more detail? 

16 MS. WEAVER: Because quad 0 would be triggered 

17 if you have a certain number of emissions. If you're 

18 under those emissions and you have enforceable 

19 requirements that keep you under those emissions or 

20 you're just so small that you can't possibly meet more 

21 than that much, then you won't be subject to quad 0, or 

22 any -- you know, the NSPSes and NESHAPs and MACTs. They 

23 all have those kinds of thresholds. 

24 

25 

MS. RYAN: Urn-hum. 

MS. WEAVER: And so what the Department's 

KATHY TOWNSEND COURT REPORTERS 

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1 developing is something that would get enforceable 

2 limits to sources that would otherwise be subject to 

3 quad 0. 

4 

5 

MS. RYAN: Urn-hum. 

MS. WEAVER: But now they're taking on limits 

6 to keep them below that, and it -- then they're not 

7 subject to the record-keeping, testing and all of that. 

8 MS. RYAN: And how -- how is that determined, 

26 

9 you know, that initial determination made? I mean, does 

10 someone from the Department go out there and test the 

11 emissions, or is there equipment that the operator or 

12 whoever, you know, has to purchase for the tanks now? 

13 MS. WEAVER: Often in permitting what they do 

14 is they determine the potential emissions of a source, 

15 because it's the potential emissions not the actual 

16 emissions that would get you in there. 

17 

18 

MS. RYAN: Okay. 

MS. WEAVER: So they have programs. Tanks --

19 there's something called Tanks, which you can input what 

20 is the volatility of the liquid that's in the tank, what 

21 kind of tank, what kind of -- you know, is it a floating 

22 roof or a fixed roof or whatever, does it have a heater, 

23 all of that kind of -- even what color it is. 

24 Those -- that information is put into these 

25 programs, and then it estimates what your potential 

KATHY TOWNSEND COURT REPORTERS 

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1 emissions would be over the course of the year. And it 

2 even takes into account where is the tank, is it in the 

3 hotter part of the state or a cooler part of the state, 

4 because more heat would then create more emissions. 

5 MS. RYAN: Okay. 

6 MS. WEAVER: And so it's -- you know, you look 

7 at the tank side and all the various configurations 

8 

9 

10 

11 

12 determine 

MS. RYAN: Om-hum. 

MS. WEAVER: -- about that tank. 

MS. RYAN: Okay. 

So then the operator would get some kind of 

you know, information on what the potential 

13 is, and then you're saying that there's things you could 

14 do to keep those limits low to where you would never 

15 ever be subject to quad 0. 

16 And is that through, you know, new storage 

17 tanks, updating of equipment, or can you explain how 

18 maybe reducing -- how operators are reducing that? 

19 MS. WEAVER: I'm not familiar with the exact 

20 language of the proposed construction permit 

21 

22 

MS. RYAN: Om-hum. 

MS. WEAVER: -- general construction permit, 

23 GCP. 

24 But in general in the permit program, if you 

25 have enforceable limits under a permit 

KATHY TOWNSEND COURT REPORTERS 

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1 

2 

3 GCP --

4 

5 

MS. RYAN; 

l-IS. WEAVER: 

MS. RYAN: 

MS. WEAVER: 

Urn-hum. 

-- your regular permit, or a 

Urn-hum. 

-- then that counts. And if you 

6 don't have any enforceable limits, then it's what could 

7 you possibly meet if you ran all -- you know, 24/7/365. 

28 

8 And so it's --does that answer your question? 

9 Am I going --

10 MS. RYAN: No. You are. No. Yeah. This is 

11 good. 

12 MS. WEAVER: Okay. So it's the way that the 

13 air programs that work in general 

14 

15 

MS. RYAN: 

MS. WEAVER: 

Okay. 

-- that the thre olds are based 

16 on your potential emissions. 

17 MS. RYAN: Urn-hum. 

18 MS. WEAVER: But there are ways that you can 

19 take on -- voluntarily take on limits that will change 

20 what your potential emissions are in that you have the 

21 limit that you've taken on counts. 

22 

23 

MS. RYAN: Right. 

So does quad 0 cover just the construction of 

24 a new -- of new storage tanks, or does it -- is it 

25 retroactive in trying to bring a bunch of older storage 

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1 

2 

tanks up up to par? 

I mean, they're a new source, but are we 

3 talking about new storage tanks, to get a general 

4 construction permit, "Hey, I'm going to get a new 

5 storage tank"? That makes sense to me. But what about 

6 all the old storage tanks? 

7 MS. BATES: If you refer back to the 

8 Attachment D, it talks about what -- it basically has 

9 two groups of tanks, Group 1 tanks and Group 2 tanks. 

10 

11 

MS. RYAN: Urn-hum. 

MS. BATES: So for tanks constructed between 

12 August 23, 2011, and the date of today's proposal, and 

13 I'm not sure what date that was, so it would be 

14 August 23 of 2011. 

15 

16 

MS. RYAN: Urn-hum. 

MS. BA7ES: And I'm not sure of the date of 

17 this proposal, but in 2012. 

18 MS. WEAVER: Well, the proposal came out 

19 before it went final. 

20 

21 

22 

23 

24 the --

25 

MS. BATES: Right. 

So it's from a certain time from the date. 

MS. WEAVER: July 31st. 

MS. BATES: July 31st of 2013 -- that was 

MS. WEAVER: No. Wait. 

KATHY TOWNSEND COURT REPORTERS 

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1 MS. BATES: -- final action on the proposal. 

2 So we have to research it a little more --

3 MS. WEAVER: Yeah. 

4 MS. BATES: -- but basically the way the New 

5 Source Performance Standards are is they set dates by 

6 which they become effective so it doesn't include all 

7 It would 

11 -- the new sources 

12 Along the way. 

13 -- not really, really old tanks. 

14 Unless they're replaced, and then 

15 they --

16 MS. RYAN: And if the replacements 

17 (Simultaneous discussion.) 

18 MS. RYAN: That was my next question, was 

19 replacements require -- or how much replacement of a new 

20 tank requires the general construction permit. 

21 MS. BATES: If the tank was replaced or -- I 

22 don't know --

23 MS. RYAN: Or fixing or modifications or 

24 mechanical issues, someone goes out there and fixes it 

25 or adds some new pipe connection or -- or something 

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1 does that all of a sudden require a general construction 

2 permit? 

3 MS. WEAVER: The construction permits are 

4 one is under the construction permit program, if or.e 

5 meets 10 pounds an hour, 25 tons per year of any 

6 criteria pollutant, which would include the volatile 

7 organic compounds, and a lot of tanks in the state are 

8 already under permits that are issued there. 

9 MS. RYAN: Urn-hum. 

10 MS. WEAVER: And those tanks would already 

11 have emission limits, so they wouldn't really need to 

12 worry about this r.ecessarily 

13 MS. RYAN: Okay. 

14 MS. WEAVER: -- or they could revise their 

15 permit to do that. 

16 MS. RYAN: Okay. 

17 MS. WEAVER: The general construction permit 

18 would only be -- would be available to sources that are 

19 too small to have already triggered 

20 MS. RYAN: Oh, okay. 

21 MS. WEAVER: - the overall permit program. 

22 t1S. RYAN: Okay. 

23 MS. WEAVER: And so it's another opportunity 

24 for them so they don't have to go through the whole 

25 permit program. They can go through a simplified 

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1 streamlined version -- or I shouldn't say streamlined --

2 a simplified version of the permit 

3 MS. RYAN: Urn-hum. 

4 MS. WEAVER: -- so they can get a permit more 

5 easily. 

6 MS. RYAN: Okay. 

7 MS. WEAVER: But in any case, a lot of sources 

8 may choose to get permit conditions, and if they do, 

9 then they don't really have to worry about change --

10 getting a new one or changing it out, because they 

11 already have that permit condition. They might need to 

12 inform the Department that they're changing it out, but 

13 it wouldn't change their applicability under quad 0. 

14 

15 

MS. RYAN: Okay. 

MS. WEAVER: So if they've got a permit, 

16 they're pretty much okay. 

17 MS. RYAN: Okay. I see what you're saying. 

18 MS. BATES: The general construction permit 

19 was developed in order to make sure that they were kept 

20 out of all these requirements. 

21 MS. RYAN: Right. 

22 MS. BATES: So, you know, that was the point 

23 of us developing this general permit --

24 

25 

MS. RYAN: Right. 

MS. BATES: -- to keep them from having to --

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1 MS. WEAVER: Give them an option. 

2 MS. BATES: Yeah. 

3 And they don't have to come in and get it. 

4 They can choose instead to meet the requirements of quad 

5 0 and not get a general permit. I don't know why they 

6 would want to do that. 

7 MS. RYAN: Right. 

8 MS. BATES: This really simplifies their 

9 requirements. 

10 MS. RYAN: And does the permit apply to just 

11 some specific storage tanks on one particular spot or 

12 like a large area or, you know, a bunch of tanks in a 

13 general, you know, section or --

14 MS. WEAVER: Generally permits are issued 

15 on -- based on facility. 

16 MS. RYAN: Okay. 

17 MS. WEAVER: And a facility is -- there's ways 

18 of defining a facility, but it's usually just that one 

19 location. 

20 MS. RYAN: Just that one location. Okay. 

21 MS. WEAVER: Yeah. 

22 MS. RYAN: Okay. Thank you for going into all 

23 that detail for me. 

24 

25 

MS. BATES: Air Quality Permitting 101. 

MS. RYAN: Yes. 

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1 

2 

MR. VOLKERDING: Other Board questions? 

MS. PEACOCK: On Exhibit 6, which is the list 

34 

3 of all of the changes to the CFRs, both 60 and 63, since 

4 January 1st, 2011, Ms. Weaver, in your testimony today, 

5 you said that the EPA periodically requests that the 

6 State of New Mexico update those. 

7 Is that a request from the EPA, or is it 

8 something that you periodically come to the Board to 

9 request? 

10 MS. WEAVER: We periodically come to the 

11 Board. 

12 MS. BATES: Actually, I'd like to clarify 

13 that. 

14 It is also a condition of our Clean Air Act 

15 Section 105 grant commitment to EPA that we update these 

16 regulations periodically and take delegation. So they 

17 do give us grant funds for taking on the delegation of 

18 these rules. 

19 MS. PEACOCK: Okay. 

20 And then-- so it's been over two years. 

21 How often is periodically considered to be in 

22 compliance with those grant funds? 

23 MS. BATES: It's changed over time. 

24 Sometimes -- depending on what has come out and how it 

25 affects New Mexico, we might go a little longer in 

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1 between coming back and asking for a change in the date. 

2 

3 

4 

Quad 0 was quite important for New Mexico, so 

this was timely for us. We've been working on this for 

a while and decided to to wait until that was close 

5 to final before coming to the Board and adopting that. 

6 And that's why we're here at this point in time. 

7 We feel like it's important for us to adopt 

8 those quad 0 requirements so that -- so that our sources 

9 don't have to deal with EPA, they can deal with us. 

10 It's easier for them, and we can make it easier for them 

11 by doing things like developing the general construction 

12 permit. 

13 

14 

15 

MS. PEACOCK: And so all of this discussion 

got me confused about the dates. There were the two 

dates. The one in the petition of August 29th, and then 

16 the amended request is September 23rd. 

17 And what happened to quad 0 between those two 

18 dates? 

19 MS. WEAVER: Quad 0 was proposed in early 

20 August -- I have to look to find a date. But in early 

21 August, quad 0 was proposed by -- actually finalized by 

22 EPA. It was proposed some months before that. But it 

23 was finalized, which meant that EPA -- you know, they 

24 signed it, they posted it, you know, they made it 

25 available, it was widely distributed, the finalized 

KATHY TOWNSEND COURT REPORTERS 

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1 version of quad 0. 

2 And then what happens, just like in New 

3 Mexico, you know, you adopt a rule, and then it has to 

4 go in the New Mexico Register, and that's part of the 

5 process. The way that EPA establishes its rules, it 

6 finalizes it, but it's not effective until it lands in 

7 the Federal Register. And it usually only takes days, 

8 at most weeks in order for the finalized version to be 

9 published. 

10 

11 

12 

In this case, there was a delay, and that's 

actually not not common, that there be such a long 

delay in that. But the finalized version was signed, 

13 and it was sort of the equivalent of when you sign the 

14 rule sheet, but it hadn't been published in the Federal 

15 Register. 

16 But the way our regulation is constructed, we 

17 use the publication in the Federal Register as the 

18 trigger for taking delegation rather than the date on 

19 which it was signed and finalized. And that's -- it's 

20 always worked that way, but in this case, it -- it 

21 messed us up a little bit. 

22 MS. PEACOCK: Okay. So that -- so even if --

23 even as of August 29th, the quad 0 was published. 

24 

25 

MS. WEAVER: Yes. 

MS. PEACOCK: And so --

KATHY TOWNSEND COURT REPORTERS 

36 

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1 

2 

MS. WEAVER: It was not published in the 

Federal Register. It was broadly available, and it was 

3 signed, and it was final, and it was -- it was posted 

4 all over the place. 

5 

6 

7 

8 

9 

10 

11 

12 

MS. PEACOCK: Okay. 

And then it was published on 9/23. 

MS. WEAVER: In the Federal Register. 

MS. PEACOCK: Okay. 

And that's when it was corrected. 

MS. WEAVER: After the corrections were made. 

MS. PEACOCK: Okay. 

So what would happen if we adopted the 

13 August 29th date and not bring in quad 0 and then you 

14 periodically come to us for updating these regulations? 

15 MS. BATES: If that happened, I imagine what 

16 we would do is go back, come to you next month, request 

17 another hearing and do this again, because it's really 

37 

18 important for us to take on quad 0. We -- we think that 

19 this is an important rule for New Mexico. It's an 

20 important rule for New Mexico sources, and it's 

21 important for us. 

22 There were not substantive changes made, but 

23 there were some changes made. We'd just like to get 

24 this adopted into our rules, the final version of it. 

25 That's up to the Board. If you decide that 

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1 the -- I think we submitted the revised -- the 

2 revised 

3 When did we submit the revised proposal with 

4 the revised date to the Board? Do you recall? 

5 MR. GRANTHAM: Well, the -- I mean, the 

6 petition for hearing was June 24th. The -- the NOI was, 

7 of course, in October, October 18. So that had the 

8 revision of -- of the date --

9 MS. BATES: Okay. 

10 MR. GRANTHAM: to September 23rd. 

11 MS. BATES: And we made it available to the 

12 public, as well on our web site and by -- and by 

13 notifying them, so 

14 MS. WEAVER: From the 23rd. On September 23rd 

15 is when we published -- we sent an E-mail to all of the 

16 stakeholders saying •we said we wanted to adopt quad 0, 

17 there's been this delay, but you had a chance to look at 

18 it, we do -- we still continue to anticipate asking to 

19 take delegation of quad 0. n 

20 MS. PEACOCK: Okay. 

21 MS. WEAVER: And nobody objected. 

22 MS. PEACOCK: Okay. 

23 MR. VOLKERDING: If I could follow up on that 

24 just --

25 MS. PEACOCK: Yeah, please. 

KATHY TOWNSEND COURT REPORTERS 

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1 MR. VOLKERDING: Just for clarification, 

2 because we've had a number of questions on quad 0 and 

3 dates and stuff, if the Board were not to -- were to go 

4 with the previous date and therefore we didn't 

5 incorporate quad 0, the facilities that are subject to 

6 quad 0 are still subject to quad 0. 

7 

8 

9 

10 

MS. WEAVER: Yes. 

MR. VOLKERDING: 

MS. WEAVER: Yes. 

MR. VOLKERDING: 

Is that correct? 

So this doesn't change any 

39 

11 regulatory requirements that anyone has to meet; is that 

12 correct? 

13 

14 

MS. WEAVER: Not at all. 

MS. BATES: I guess what it would change is 

15 that they would then have to make those reports to 

16 EPA --

17 

18 

19 

20 

21 

22 

23 

MR. VOLKERDING: To EPA. 

MS. BATES: -- and not to us. 

MR. VOLKERDING: Okay. 

MS. PEACOCK: Thank you for that question. 

MR. VOLKERDING: Okay. You're welcome. 

MS. PEACOCK: Okay. I have a question on the 

proposed statement of reasons, Exhibit 14. That's item 

24 number 2 2. 

25 So in the first sentence, it says, 

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1 "Incorporation by reference of the federal standards 

2 into the New Mexico Administrative Code does not change 

3 the substantive standards applicable to affected sources 

4 in New Mexico because the EPA retains authority for 

5 direct enforcement of the regulations." 

6 And then you said "See Exhibit NMED 3" and 

7 your testimony. 

8 So I went to your testimony, and I believe 

9 that the federal statutory cite for that, if you could 

10 write this down and confirm, would be 42 USC 7411 {C) {2) 

11 and 42 USC 7412 {L) {7). 

12 And without going into deliberations, I'd just 

13 like you to confirm if those would be the correct cites. 

14 Rather than referring to a testimony, if we could refer 

15 to those statutory cites. 

16 

17 

18 

19 

And I've got those here if you don't. 

MR. GRANTHAM: I do have them. I --

MS. PEACOCK: Okay. 

MR. GRANTHAM: Offhand, I know that 7411 is 

20 NS?S and 7412 is the MACT standards, but I'd have to 

21 look at those particulars. I could do that now if you'd 

22 like. 

23 MS. PEACOCK: Okay. Thank you. 

24 And what -- in those sections, I'll just read 

25 to the Board, it says, "Nothing in this subsection shall 

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1 prohibit the administrator• -- meaning the EPA -- "from 

2 enforcing any applicable standard or performance under 

3 this section." 

4 And that identical language is in both. 

5 MS. WEAVER: Well, they do retain oversight. 

6 So even if we take delegation, EPA could enforce if they 

7 chose to. 

8 MR. GRANTHAM: I'm sorry. 

9 Did you say 7411(C) (7)? 

10 MS. PEACOCK: (C) (2). 

11 MR. GRANTHAM: (C) (2]. 

12 MS. PEACOCK: (c) ( 2) • 

13 MR. GRANTHAM: Madam Chair, I agree that that 

14 is the appropriate section. 

15 MS. PEACOCK: Okay. 

16 And then the other one was 7412 (L) (7). 

17 MR. GRANTHAM: Yes. Again, that provides that 

18 nothing in this subsection shall prohibit the 

19 administrator from enforcing any applicable emission 

20 standards. 

21 MS. PEACOCK: Okay. Thank you. 

22 MR. GRANTHAM: So I agree. 

23 Thank you. 

24 MS. PEACOCK: I don't have any further 

25 questions. 

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2 

3 

MR. VOLKERDING: Any other Board questions? 

Any questions from anyone else in attendance? 

Okay. Any closing statements, Mr. Grantham? 

42 

4 MR. GRANTHAM: No. Mr. Hearing Officer, Madam 

5 Chair, members of the Board, we respectfully request the 

6 amendments to Part 77 and Part 82 for the reasons given 

7 in the written and oral testimony. 

8 MR. VOLKERDING: Does anyone have any reason 

9 to leave the record open? 

10 Not hearing any, the record is closed. The 

11 hearing is adjourned. 

12 And I will turn it over to the Chair. 

13 MS. PEACOCK: okay. And we'll do 

14 deliberations now. 

15 Okay. Any comments, discussion? 

16 MR. MORROW: Support the changes, but I have 

17 no comments. 

18 MS. RYAN: I have some comments. 

19 I am for -- what will be the proper term --

20 adopting the proposed changes by the Department, and the 

21 main reason is the way the Department is going about 

22 implementing this in New Mexico. 

23 If the Department -- and I just want to 

24 applaud the Department for getting creative and working 

25 with industry on the actual implementation of this 

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1 program, because that's where this could all hang up, 

2 you know, and that's where there could be a huge fight. 

3 And so the fact that we don't have -- stakeholders 

43 

4 weren't picketing the streets on this -- I mean, I think 

5 that-- that's the thing. 

6 And I just -- I just see a lot of effort on 

7 the Department's part to try to make this work, make it 

8 easier, give alternatives, you know, especially for --

9 there's a lot of small, independent operators out there, 

10 and so if I had not heard the testimony on that 

11 particular issue, I would probably have a very different 

12 opinion about this. 

13 And so I just want to applaud the Department 

14 for doing that and -- and just encourage the Department 

15 to continue to do that in all of its implementation of 

16 

17 

all of its programs. I mean, I think that the rest of 

the Department you know, your Bureau should be an 

18 example of how to work with industry. 

19 

20 

21 

The industry, you know, I think, wants to 

wants to have a clean environment, as well. Nobody 

wants to harm the environment. But it's the way we go 

22 about it that makes -- it's the way we do it that makes 

23 all the difference. 

24 So I just wanted to make that comment to the 

25 Department and say that's why I -- you know, that's why 

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1 I support it. 

2 MR. FULFER: I'll agree with Beth. I think 

3 that's a -- I have to applaud you for that, and that's a 

4 great move toward me, and I'll support the amendments. 

5 MS. PEACOCK: So we need -- our attorney has 

6 pointed out we probably need to have a discussion about 

7 20 .1.1. 301, which is notice of hearings, that there 

8 have -- the Board shall give public notice of the 

9 hearing at least 60 days prior to the hearing. 

10 So we have the amendment proposed first at the 

11 date of September --

12 MS. LEWIS: 23rd, I believe. 

13 MS. RYAN: 23 rd. 

MS. PEACOCK: 23rd, and then the amendment 

15 was presented on October 18th. 

16 In reading our rules, it says the Board shall 

17 give public notice of the hearing. 

18 MR. VOLKER:JING: Urn-hum. 

19 MS. PEACOCK: So I'll just say I'm personally 

20 comfortable with that. There's a -- there's a lot of 

21 amendments that are submitted during the hearing 

22 process, often right before the hearing, but I -- is 

23 there any discussion on that? 

24 MR. VOLKERDING: I tend to agree. What we do 

25 normally is receive all kinds of things up to the last 

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1 minute, and I guess as long as it's not something that 

2 would substantively change what the -- what the hearing 

3 is about, I would think that the only requirement there 

4 is that the notice of the hearing be presented. 

5 

6 

And so I would tend to agree. 

MS. RYAN: And I think just as the belt and 

45 

7 suspenders, the substance of the hearing did not change. 

8 It was always about this, and the changes that were made 

9 between August and September to quad 0 by the EPA were 

10 not substantive. We're not changing subjects or 

11 anything like that. 

12 So I'm comfortable with it. 

13 

14 

15 

MS. PEACOCK: Okay. 

Are you comfortable with that? 

MS. LEWIS: I just wanted to bring it to your 

16 attention. 

17 MR. VOLKERDING: Thank you. 

18 MS. PEACOCK: No. And I -- sir. 

19 MR. GRANTHAM: Madam Chair, if you don't mind 

20 me interjecting here, the -- in terms of the question of 

21 sufficiency of notice for hearing, the test is whether 

22 it's a logical outgrowth of what was proposed, and here 

23 clearly when it was our express intent to incorporate 

24 subpart quad 0, and that's why we originally set the 

25 date for August 29th, it's clearly a logical outgrowth 

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1 that we would amend that date if necessary based on 

2 events or the fact that it wasn't actually published in 

3 the Federal Register. 

4 And so I think everybody -- as testimony 

5 established, everybody had notice of the intent to 

6 incorporate quad 0. So it meets the logical outgrowth 

7 test. 

8 MS. PEACOCK: Okay. 

9 Is there any Board member that disagrees with 

10 that? 

11 MS. RYAN: I agree. 

12 MS. PEACOCK: Okay. 

13 Any other discussion? 

14 Is there a motion? 

15 MS. RYAN: I move to adopt the proposed 

16 revisions to 20.2.77 and 20.2.82 NMAC. 

17 MS. PEACOCK: As amended? 

18 MS. RYAN: As amended. 

19 MS. PEACOCK: Okay. 

20 Is there a second? 

21 MR. MORROW: Second. 

22 MR. VOLKERDING: Who seconded? Tim? 

23 Okay. 

24 Any further discussion? 

25 Okay. All in favor? 

KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

(505) 243-5018 - Fax (505) 243-3606 
1 I'm sorry. 

2 (Simultaneous responses.) 

3 MS. PEACOCK: Any opposed? 

4 Okay. The vote was unanimous. 

5 So let's move on to the statement of reasons, 

6 the proposed statement of reasons in Exhibit 14. 

7 By the way, I appreciate the Department 

8 addressing the three statutory requirements in both of 

9 these hearings today. 

10 In paragraph 18, I'd like to propose that we 

11 change the language to similar language that we saw in 

12 the other one, so it would read "The proposed revisions 

13 satisfy the requirements of the Air Quality Control Act 

14 NMSA 1978 74-2-5.E in that the Board has given the 

15 weight it de~ms appropriate." 

16 MS. RYAN: I was thinking of doing that, 

17 because it seems like 18 is saying here's what we're 

18 required to consider, but over on 22 -- paragraph 23, 

19 it's making the determination that those requirements 

20 are satisfied, and I -- I kind of have -- I mean, I 

21 would like to expand the paragraphs or maybe add one 

22 more a little bit, that not only has the EPA made some 

23 determinations within itself considering those 

24 requirements, but the EIB has reviewed them 

47 

25 independently and also agrees, and get a little bit more 

KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

(505) 243-5018 - Fax (505) 243-3606 
1 specific regarding the testimony we heard today about 

2 the economic impact and the way the Department is 

3 implementing. 

4 I'm not sure I'm ready to finalize this 

5 today -- or would like to submit to the Chair some 

6 haven't really thought about it -- just a couple more 

7 sentences on the -- because of the way the state is 

8 implementing this program, that EIB has independently 

I 

9 determined -- independent from the EPA, determined that 

10 it satisfied those requirements under 74-2-5.E. 

11 That's what I'm trying to say. 

48 

12 MS. PEACOCK: So let me ask a question to you, 

13 Cheryl. 

14 Would we have a transcript prior to 

15 December -- December 16th? 

16 THE REPORTER: Yes. 

17 MS. PEACOCK: Okay. So we could bring this 

18 back to the Board for approval of a final statement of 

19 reasons on December 16th. 

20 

21 

22 

MS. RYAN: Would that be okay? 

MS. PEACOCK: Urn-hum. 

MS. RYAN: Because I was scribbling all over 

23 this, and I thought this is dumb, I just need to look at 

24 it and give me like a little bit -- few more minutes to 

25 make it pretty. 

KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

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

2 

3 

49 

MS. PEACOCK: Urn-hum. Urn-hum. 

And then another change I'd like to suggest is 

in paragraph 22. I brought this up during the 

4 questioning, was to replace the reference to the exhibit 

5 with the actual federal cites of 42 USC 7411 (C) (2) and 

6 42 USC 7412 (L) (7). 

7 MR. MORROW: Good idea. 

8 MS. PEACOCK: Are there any other comments for 

9 the Board? 

10 And what I'll do is work to get a statement of 

11 reasons, a draft ready for the Board meeting. 

12 

13 

14 

MS. RYAN: Okay. I like that. 

MR. VOLKERDING: That sounds good. 

MS. PEACOCK: Okay. Then we're done with item 

15 number 7. 

16 (Proceedings adjourned at 11:31 a.m.) 

17 

18 

19 

20 

21 

22 

23 

24 

25 

KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

(505) 243-5018 - Fax (505) 243-3606 
50 

1 STATE OF NEW MEXICO 

2 ss. 

3 COUNTY OF BERNALILLO 

4 

5 

6 I, CHERYL ARREGUIN, the officer before whom the 

7 foregoing proceeding was taken, do hereby certify that 

8 the witnesses whose testimony appears in the foregoing 

9 transcript were duly sworn or affirmed; that I 

10 personally recorded the testimony by machine shorthand; 

11 that said transcript is a true record of the testimony 

12 given by said witnesses; that I am neither attorney nor 

13 counsel for, nor related to or employed by any of the 

14 parties to the action in which this proceeding is taken, 

15 and that I am not a re~ative or employee of any attorney 

16 or counsel employed by the parties hereto or financially 

17 interested in the action. 

18 

19 

20 

21 

22 

23 

24 

25 

My Commission Expires: 

NOTARY PUBL 

CCR License Number: 21 

Expires: 12/31/2013 

12/12/15 

KATHY TOWNSEND COURT REPORTERS 

110 Twelfth S~reet, Northwest, Albuquerque, New Mex~co 87102 

(505) 243-5018 - Fax (505) 243-3606 
1 20:13 14:23, 19:16, 22:13 9a[2[-4:18, 19:8 5:2 

20.1.1.301 [1]- 44:7 42 [5[- 5:6, 40:10, 9b [2]- 4:20, 19:9 admitted 121- 20:22, 

20.2.77[6]-1:5, 4:8, 40:11' 49:5, 49:6 20:24 

1 [9]- 4:4, 4:12, 4:23, 6:4,6:12, 11:13, A adopt~[- 9:18, 

9:5, 10:11,20:10, 46:16 5 23:17, 35:7, 36:3, 

20:21' 20:24, 29:9 20.2.82 [~- 1:5, 4:9, 38:16, 46:15 

1,600 [1[-14:9 6:4,6:13,11:13, a.m121 ~ 1:20,49:16 adopted [SJ- 12:6, 

10[6[-4:22, 12:1, 46:16 5 [2]- 4:9, 13:7 ABBY 111 - 2:6 13:2,22:19, 37:12, 

15:12,21:8,21:14, 2011 [5J- 4:12, 505[21- 2:9,2:15 ability 111- 15:6 37:24 

31:5 10:11,29:12,29:14, able 111 - 24:2 adopting {3J - 17:16, 

101 [1]- 33:24 34:4 6 above-entitled [1] - 35:5, 42:20 

105[11- 34:15 2012[11- 29:17 1 :17 adoption[tJ- 18:1 

10:35[1[-1:20 2013[21[-1:17, 6 [61- 4:10, 10:17, accept 111- 23:6 adopts[1J- 22:15 

11 [2]- 4:24, 15:23 4:12,4:13,4:23, 4:24, 13:25, 14:12, 16:14, accepts {1]-13:10 adverse[1J- 20:18 

111 [1[-13:3 5:5,5:12, 10:11, 34:2 access 111-16:25 Advisory[1J- 20:14 

111(<)11!-12:8 12:12, 13:6, 14:19, 60 ~~- 4:10, 12:10, accomplish 111- affected 111- 40:3 

112(1)(7!1!-13:3 14:20,15:11,15:21, 14:5, 16:10, 17:1, 11:21 affecting [11- 7:2 

1190!11- 2:14 16:9, 16:14, 16:23, 19:16, 22:14, 34:3, accomplished 111- affects 111- 34:25 

11:31 [11- 49:16 19:4, 19:5, 19:7, 44:9 19:17 Affidavit [1]- 4:18 

12 [21- 5:4, 16:18 29:23 63~[-4:10, 13:5, accordance [11 - affirmed 121- 8:8, 

12112/15[11- 50:22 21 [21- 3:9, 50:20 14:5, 19:16, 22:14, 6:16 50:9 

12131/2013 [1] - 22 ~~- 39:24, 47:18, 34:3 account[2]-18:17, Agency [31 - 4:14, 

50:20 49:3 27:2 4:16, 5:4 

12th [1]- 19:7 222-9594[11- 2:15 7 Achievable 111- agreereJ-41:13, 

13 [3J- 5:6, 10:2, 23 [5J- 4:13,4:24, 12:17 41:22,44:2,44:24, 

20:10 29:12, 29:14, 47:18 achieving 111- 18:17 45:5, 46:11 

13-07 [1J- 6:3 23rd[14J-10:11, 7[4[-4:14,6:1, Aci[9J-9:23, 10:1, agreement 121 -

13-07(Ri1J-1:3 12:12, 14:20, 15:1, 12:15, 49:15 10:5,11:18,12:7, 12:15, 13:8 

13-07(R) 111- 6:15 15:21, 16:23, 23:2, 74-2-5.E 131- 17:14, 13:4, 17:14, 34:14, agrees 111 - 4 7:25 

14[4[-5:8, 20:11, 35:16, 38:10, 38:14, 47:14, 48:10 47:13 ahead[t]-8:10 

39:23, 47:6 44:12,44:13,44:14 7411 [~- 5:6,40:19 act[1J- 6:9 aiq111- 6:3, 6:12, 

15[5[-4:15, 5:10, 24/7/365 [11 - 28:7 7411(C)(2 121- 40:10, action [5]- 24:5, 9:24,10:4,11:1,11:4, 

14:3, 14:8, 20:10 24th [3J- 24:18, 49:5 24:25, 30:1' 50:14, 11:9, 17:21' 17:23, 

1508 [1J- 2:8 24:19, 38:6 7411(C)(7 111- 41:9 50:17 28:13, 33:24 

16[5]- 5:11,14:23, 25[1]-31:5 7412[~- 5:7,40:20 actions 111- 24:7 AIR[1J-1:4 

20:13,20:21, 20:24 27 [1]- 4:17 7412(L)(7) [3J- actual [3] - 26:15, Air[15]- 7:23, 8:19. 

16th [21- 48:15, 28th [1]- 19:4 40:11,41:16,49:6 42:25, 49:5 8:20, 9:8,9:23, 10:1, 

48:19 29 [1J- 4:12 77[11[-11:14, 12:4, Adi1J-4:20 10:5,11:18,12:7, 

17 [11- 5:12 29th [10]- 13:6, 13:18, 14:18, 15:17, add~~- 20:10, 12:18, 13:4, 17:14, 

18 [3J- 38:7, 47:10, 14:19, 14:25, 16:9, 15:21, 19:13, 19:18, 47:21 19:6,34:14,47:13 

47:17 22:22, 22:23, 35:15, 22:15,22:19, 42:6 additional [1]-14:21 Albuquerque 121-

18th[1j-44:15 36:23, 37:13,45:25 78 [1]-12:22 addressed 111- 4:21, 19:4 

19 [1]- 3:8 7th [1J- 1:16 23:12 alert[1J- 20:15 

1978[11- 47:14 3 addressing 111- 47:8 alewis@nmag.gov 

1985 [2J- 4:15, 4:17 8 adds [1]- 30:25 [11- 2:10 

1995 [1]- 12:6 adequate[2J-16:5, 8IIOW[2]-10:9, 16:9 

1998 [11- 13:2 

3J4J- 4:6,9:17, 17:7 allows[1J-21:18 

1st[2J-15:11, 34:4 22:12, 40:6 8 [4J - 3:6, 4:16, 13:5, adequately [1]- alter 111- 11:6 30 [11- 5:5 13:8 18:16 alternative 111 -

2 30-day 121- 24:5 s2rJ-11:14, 12:16. adjourned 121- 21:10 30thj2J-16:16, 19:5 13:18, 15:13, 19:13, 42:11,49:16 alternatives 111- 311[1[-1:19 19:18,42:6 administered 111- 43:8 

2[5]-4:5, 12:11, 31st[2J- 29:22, 827-6921 [11 - 2:9 21:24 amend [2]- 15:20, 

13:5, 20:5, 29:9 29:23 87504-1508 [1J- 2:9 Administrative 111- 46:1 

20 [17]- 4:4, 4:5, 4:6, 87505[1]- 2:15 40:2 amended [13]-

4:8,4:9,4:13,4:15, 4 administrator [4]- 11:23,12:3,12:11, 

4:17,4:19, 4:21' 4:23, 9 6:15,7:7,41:1,41:19 13:5, 13:20, 14:5, 

4:24, 5:5, 5:7, 5:9, 4 [2]- 4:7, 12:14 admission [21- 20:9, 14:19, 14:21, 17:3, 

5:10, 5:12 40[9[-4:10, 11:19, 9[1[-12:11 20:20 23:6, 35:16,46:17, 

20.1.1[2[-6:17, 12:10, 13:4, 14:4, 9/23 [11- 37:6 ADMITTED 121- 4:2, 46:18 

KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

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

1 
amendment[4J- authority [61 - 9:24, 34:8, 34:11' 35:5, changes[11J- 9:13, compared [1]-14:14 

17:9, 18:5,44:10, 10:4, 10:17, 12:7, 37:25, 38:4, 39:3, 14:14, 15:14, 16:6, compliance 121-

44:14 13:3, 40:4 40:25, 42:1' 42:5, 17:6, 34:3, 37:22, 10:22, 34:22 

AMENDMENTS 111- avallable[6J -16:24, 44:8,44:16, 46:9, 37:23, 42:16, 42:20, compounds 121 -

1:4 17:5, 31:18, 35:25, 47:14, 48:18, 49:9, 45:8 25:4,31:7 

amendments [141- 37:2, 38:11 49:11 Changes 111- 5:9 compromise 111-

4:7, 4:9, 6:3, 6:12, avenue 111- 25:11 Board'S[1J- 6:17 changing [J]- 32:10, 15:6 

10:10, 14:1, 14:22, briefly [2i- 8:23, 9:7 32:12,45:10 conclusion 111-

15:10, 15:18, 19:13, 8 bring [4]- 28:25, Chapter[1J- 11:19 19:12 

19:18, 42:6, 44:4, 37:13,45:15,48:17 character[2J- 17:17, condition 121- 32:11, 

44:21 broadly 111- 37:2 17:18 34:14 

Amendments 111- bachelor 111- 8:25 brought 111- 49:3 Cheryl 121- 7:4, conditions 111- 32:8 

4:10 background 121- Bulldlng111-1:19 48:13 conduct 121- 6:18, 

amends[1J-13:15 8:24, 10:12 bunch 121- 28:25, CHERYL 111- 50:6 9:10 

ANDJ1]-1:5 based [JJ- 28:15, 33:12 choose 121- 32:8, conducted 111-6:16 

announced [1)-14:1 33:15,46:1 burden 111- 11:3 33:4 configurations 111-

announcements 111 BATES [321- 3:4, Bureau [61- 7:23, chose 111- 41:7 27:7 

- 13:22 8:7, 12:23, 12:25, 8:19, 8:21,9:8, 19:6, chosen [2]-16:9, confirm 121-40:10, 

answer [3]- 6:2, 19:23,23:18,23:21, 43:17 21:22 40:13 

23:21, 28:8 24:15,29:7,29:11, Business 111-20:14 circulation 111- 19:2 Confirmation 111 -

anticipate[1J- 36:16 29:16, 29:20, 29:23, businesses 111- cite 111- 40:9 4:20 

appearance 111 - 30:1, 30:4, 30:9, 20:19 cites [3]- 40:13, confused [3J- 21:9, 

7:18 30:11,30:13,30:21, BY[JJ- 8:13,19:24, 40:15,49:5 22:16, 35:14 

applaud [3]- 42:24, 32:18, 32:22, 32:25, 21:6 civil 111- 2:7 confusion 111- 15:7 

43:13, 44:3 33:2, 33:8, 33:24, Civil (1]- 6:20 connection 111-

applicability 111 - 34:12, 34:23, 37:15, c clarification 111 - 30:25 38:9,38:11,39:14, 32:13 39:18 39:1 conslder[3J - 6:11, 

applicable [41 - Bates raJ- 3:7,4:5, C)(2)12J- 41:10, 

clarifies 111- 25:6 18:10,47:18 

10:21,40:3,41:2, clarify 111- 34:12 consideration 121 -

41:19 7:24, 8:1, 19:22,20:1 41:12 Clean [7]- 9:23, 17:15, 18:15 

apply ]Jl - 6:21, BE]1[- 1:16 c)(2)J1[-41:11 10:1,10:5,11:18, considered 111-

18:4, 33:10 become 121- 7:6, California[1]- 9:1 12:7, 13:4, 34:14 34:21 30:6 appreciate 111- 47:7 Capitol 111 - 1:19 clean 111- 43:20 considering 111 -

approach 111-21:10 believes[1]-19:14 case[4]- 9:3,32:7, clearly 121- 45:23, 47:23 

appropriate (4]- below 111- 26:6 36:10, 36:20 45:25 constructed 121 -

17:4,22:8,41:14, belt 111- 45:6 Categories 111 - close 111- 35:4 29:11, 36:16 

47:15 beneficial 111- 19:15 12:18 closed 111-42:10 construction [13]-

approval 111- 46:16 BERNALILLO 111- CCR 111- 50:20 closely 111- 24:9 23:24, 25:9, 27:20, 

area[1J-33:12 50:3 CD ]JI- 5:10, 14:8, closing 111- 42:3 27:22, 28:23, 29:4, 

ARREGUIN 111- 50:6 bosl]2i-18:15, 14:10 Code[2J-11:19, 30:20, 31:1, 31:3, 21:16 certain (4] - 17:15, Arreguin 111- 7:4 40:2 31:4, 31:17, 32:18, 

asslstant[1J- 2:7 

Beth 111- 44:2 21:21,25:17,29:21 codified 111- 11:16 35:11 

Assistant 111 - 2:12 

better 121- 21:24, certify 111- 50:7 color 111- 26:23 contained 121 -

Attachment 121-

23:12 CFR JSJ- 4:10, comfortable [3] - 14:15, 19:8 

24:19,29:8 

between (7)- 11:15, 11:20, 12:10, 13:5, 44:20,45:12,45:14 containing [1]- 5:10 

attendance 121 - 14:25,17:6,29:11, 14:5, 14:23, 19:16, coming 121 - 35:1, contains 111- 7:11 

6:25, 42:2 

35:1' 35:17, 45:9 22:13 35:5 contaminant 111-

attention 111- 45:16 

Bill 111-7:21 CFRs 111- 34:3 comment[3]-7:16, 11:9 

attorney [31- 44:5, 

BILL 111-2:12 Chair [7]- 6:6, 7:20, 17:5, 43:24 contaminants [2]-

50:12, 50:15 bill.grantham@ 41:13,42:5,42:12, comments [61- 17:9, 17:21, 17:23 

Attorney121- 2:7, 

state.nm.us 111-2:16 45:19, 48:5 19:10,42:15,42:17, continue 121- 36:16, 

2:8 b]I]S]- 21:11,36:21, chance 111-36:17 42:18,49:8 43:15 

August 1221- 4:12, 47:22, 47:25, 48:24 change [14]- 16:20, Commission 121- Continued {2]- 5:1, 

5:5, 13:6, 14:19, BOARD[2]-1:1, 18:3, 23:3, 28:19, 20:14, 50:22 5:3 

14:25, 16:9, 16:14, 21:6 32:9,32:13,35:1, commitment111- control (2]- 6:12, 

16:16, 19:4, 19:5, Board [31)- 1:19, 39:10, 39:14, 40:2, 34:15 25:6 

19:7,22:22,22:23, 2:2, 3:9,6:9, 7:7, 45:2, 45:7, 47:11' common 121 - 24:23, Control [3]-12:17. 

29:12,29:14, 35:15, 7:11' 7:20, 8:2, 10:6, 49:2 36:11 17:14,47:13 

35:20, 35:21' 36:23, 13:15, 17:15, 21:4, changed [2] - 23:1 , community 121 - cooler 111- 27:3 

37:13, 45:9, 45:25 22:15, 23:5, 34:1, 34:23 

10:25,24:10 copy 121- 7:5, 9:2 

KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

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

2 
correctteJ-12:19, 10:19 47:23 effective[JJ-10:15, 39:17,40:4,41:1, 

12:23, 12:24, 16:21, days I•J-16:10, determine [4J- 30:6, 36:6 41:6,45:9,47:22, 

23:19, 39:8, 39:12, 17:1, 36:7,44:9 10:21, 10:22, 26:14, efficient[1J-10:15 48:9 

40:13 deal 121 - 35:9 27:12 effort[1J- 43:6 equipment [3]- 25:6, 

corrected 121 - 16:1, DEBORAH 111- 2:3 determined 131 - EIB [5]- 1:3, 6:2, 26:11,27:17 

37:9 Oecember[JJ- 26:8,48:9 6:15,47:24, 48:8 equivalent 111-

correcting {11- 48:15,48:19 develop 121- 9:9, EIB'&(1]-18:25 36:13 

15:24 decide 121- 23:5, 9:12 either 111- 11:3 errors (4]- 16:15, 

correction 111- 37:25 developed 121 - eliminating 111 - 16:17, 16:19 

16:19 decided 121-22:7, 18:12, 32:19 17:23 especially 111 - 43:8 

corrections 111- 35:4 developing [6] - ELIZABETH 1'1- 2:5 establish 111- 19:21 

37:10 decorum 111- 6:22 18:10, 23:24,25:10, emission [3]- 25:5, established 111-

corresponds 111 - deems 111-47:15 26:1, 32:23, 35:11 31:11,41:19 46:5 

14:11 defining 111-33:18 difference 111- 43:23 emissions [17]- establishes 111-

costs[1]-18:17 degree[2J-17:17, different 111- 43:11 11:4,11:9,18:5, 36:5 

counsel 121-50:13, 17:18 digital [1]-14:3 18:15,25:3,25:12, estimates 111- 26:25 

50:16 delay {31- 36:10, diligently 111 - 23:23 25:17,25:18,25:19, events 111- 46:2 

Counsel [3i- 2:12, 36:12, 38:17 direct[3i-7:25, 8:1, 26:11,26:14,26:15, Evidence 111- 6:21 

2:13, 7:20 deiayed[1J-16:23 40:5 26:16, 27:1, 27:4, evidence 111- 20:25 

counts 121- 28:5, delegate[2i-12:7, Direct (2i- 3:5, 3:7 28:16,28:20 exact[1]-27:19 

28:21 13:3 DIRECT~]- 8:12, employed 121 - EXAMINATION [3]-

COUNTY 111- 50:3 delegated (1J- 9:25 19:23 50:13, 50:16 8:12, 19:23, 21:5 

couple 111- 48:6 delegation 1221 - directly 111 - 7:5 employee[1i- 50:15 Examination 121-

course[2J- 27:1, 10:7, 10:9, 10:13, disagrees 111- 46:9 encourage 111- 3:5, 3:7 

38:7 11:2,11:5,11:17, discussion !71- 43:14 examination [31 -

Court[1]-7:4 12:15, 13:8, 13:10, 30:17, 35:13,42:15, end~J-21:14, 3:9, 6:25, 21:2 

court [1i- 7:6 15:2, 15:5, 15:10, 44:6,44:23,46:13, 21:15 examined [1i- 8:9 

Cover(2]- 23:25, 19:15,21:9,21:20, 46:24 energy [1]-18:19 example[1i- 43:18 

28:23 21:23, 24:13, 34:16, distributed 111- enforce [3]- 9:24, except (1]- 21:21 

covered 111-24:1 34:17, 36:18, 38:19, 35:25 11:1,41:6 exceptions [3i -

covers 111- 24:6 41:6 Division 121-2:7, enforceable [4i- 11:25,12:3,21:19 

create[2J-15:7, deliberations [3] - 8:19 25:18,26:1,27:25, excerpts (1i- 5:6 

27:4 6:2, 40:12,42:14 docketed 111-6:14 28:6 excuse 131- 13:3, 

creative 111- 42:24 demonstrated 111- done(1]-49:14 enforcement (1]- 17:18, 24:19 

credibility 111- 7:2 18:16 down [1]- 40:10 40:5 Exhibit 1211- 9:5, 

criteria 111- 31:6 Department [31] - draft[1J- 49:11 enforcing 121- 41:2, 9:17, 10:2,12:15, 

cross 121- 6:25, 21:2 2:11, 2:13, 4:22, 5:11, Drawef[1J- 2:8 41:19 13:8, 13:25, 14:3, 

cross-examination 6:14, 7:22,8:18, Drive 111-2:14 engineering 111- 14:8, 14:12, 15:12, 

[2]- 6:25, 21:2 10:14, 10:20, 10:25, duly 121- 8:8, 50:9 8:25 15:23, 16:18,20:5, 

13:16, 14:13, 18:23, dumb 111- 48:23 English [1i-19:3 20:11,20:13,21:8, 

D 19:12, 19:14,20:17, during [31- 10:10, entitled 111 - 1:17 21:14, 34:2, 39:23, 

22:8, 25:10, 26:10, 44:21, 49:3 environment 121 - 40:6, 47:6 

32:12, 42:20, 42:21, duties 111- 9:7 43:20, 43:21 exhibit[S]-12:13, 

Dallas [1J -10:17 42:23, 42:24, 43:13, Environment [7) - 12:14, 13:7,23:6, 

date[32]-10:6, 43:14,43:17,43:25, E 2:11, 2:13, 4:22, 5:11, 49:4 

11:24,12:11,13:6, 47:7, 48:2 6:14, 7:22, 8:18 Exhiblts[4J -19:8, 

13:21, 14:3,14:17, Department's [4J - ENVIRONMENTAL 20:10, 20:21, 20:24 

15:16, 15:21, 15:25, 7:12, 23:6, 25:25, E-mail [4]- 4:24, [1] - 1:1 existing [11- 11:5 

16:8,22:21,22:23, 43:7 15:19, 15:24, 38:15 environmental 111- expand 111-47:21 

22:24, 22:25, 23:1, describe [61- 8:23, E-mails[1J-19:10 18:19 Expires 121- 50:20, 

23:2,29:12,29:13, 9:7,9:21,11:11, early[2J-35:19, Environmental [7] - 50:22 

29:16, 29:21, 35:1, 13:14, 21:17 35:20 1:18, 2:2,4:14,4:16, explain [3]- 21:11, 

35:20,36:18, 37:13, described 121- easler(3J- 35:10, 5:4,6:9,8:18 25:14,27:17 

38:4, 38:8, 39:4, 15:17, 19:9 43:8 EPA[26J- 10:16, explained 121 - 44:11,45:25,46:1 designated [11- 6:8 easily [21- 24:2, 32:5 10:24, 11:1, 12:15, 15:22, 22:5 

dates[SJ-13:15, detail 121 - 25:15, economic [4]- 11:8, 13:8, 13:20, 16:16, express 111- 45:23 

30:5, 35:14, 35:15, 33:23 17:20, 17:22, 48:2 18:9, 18:14,21:24, expressed [1]- 16:4 

35:18, 39:3 detenninatlon [31- economy[1]- 18:8 25:1, 34:5, 34:7, extensive [1]- 25:8 

Davis [1i- 9:1 20:17, 26:9,47:19 educational 111 - 34:15, 35:9, 35:22, 

day-to-day 111- determinations (1i- 8:24 35:23, 36:5, 39:16, 

KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

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

3 
F 

facilities[~ -11:3, 

1 18:4, 39:5 

i facility 1•1· 16:2, 

33:15, 33:17, 33:18 

fact{21·43:3, 46:2 

factors [3]-17:15, 

18:2, 18:10 

fairly 111- 25:8 

hlmlllar(2J- 17:13. 

27:19 

far{1J- 17:1 

favor 111- 46:25 

Fe ~31 - 1 :20, 2:9, 

2:15 

Federal[ial- 4:11, 

5:10. 11:19, 11:23, 

13:20, 13:22. 14:4, 

14:7, 14:25, 15:19, 

16:22,22:13, 36:7, 

36:14, 36:17, 37:2, 

37:7,46:3 

federal 1261 • 9:23, 

9:24, 10:7, 10:10. 

10:13, 10:16, 11:2. 

11:5,11:6,11:17, 

11:22, 12:1, 12:9, 

13:10, 13:13, 13:14, 

13:19, 14:22, 18:12, 

18:13, 19:16. 21:20, 

40:1,40:9, 49:5 

feels~~- 22:4 

few 121- 24:22, 48:24 

flght[1j· 43:2 

fllo{4)· 7:11,14:3, 

14:11, 14:12 

filedl3]·6:13, 7:14, 

9:3 

final !SJ-17:1, 25:2, 

29:19, 30:1,35:5, 

37:3, 37:24,48:18 

finalization 111- 17:6 

finalize 111- 48:4 

finalized 1101 - 16:12, 

16:15, 16:17, 17:4, 

35:21, 35:23, 35:25. 

36:8.36:12, 36:19 

finalizes (1]- 36;6 

financiarly 111-

50:16 

first raJ- 8:8, 12:6. 

13:2. 15:8. 18:11. 

22:3, 39:25.44:10 

fixed 111 - 26:22 

fixes f1J - 30:24 

fixing 111- 30:23 

floating {1J - 26:21 

follow (1} - 38:23 

::~~~ ,::~:;~:::.:[~:~~;~2~ 1:8 

50:8 ' l.;azardous !11-

fonn l'l -17:1 , 12:18 

fonnal[1[·13:22 I hoalth!~-17:19, Franels[1!. 2:14 18:7, 18:18 

FULFER J91 2:3, hoaf[1J- 23:14 

21:8,21:13.21:16, hoard[J[-6:19. 

22:1,22:9,22:11, 43:10,48:1 

23:8,44:2 hearing{34J·1:18. 

Fu~o<111 21:7 6:2,6:11,6:16,6:18, 

fuii[1J·14:7 7:3, 7:12, 7:25, 9:13, 

funds 121-34:17, 9:16, 14:16, 15:25, 

34:22 16:10, 18:24, 19:1, 

~----................ 4 20:16, 22:20,22:23, 

G · 23:7,24:19, 37:17, 

'-------.................. 38:6,42:10.42:11, 

gas 141·15:4, 23:23, 

24:21' 24:24 

GCP[2J· 27:23,28:3 

gono"'II17J- 10:12. 

19.2, 23:24, 24:3, 

25:9, 27:22, 27:24, 

28:13,29:3, 30:20, 

31:1,31:17,32:18, 

32:23, 33:5, 33:13, 

35:11 

Gonorai[4J- 2:7, 

2:8, 2:12, 2:13 

gonerally 121 10:24, 

33:14 

given !51- 14:10, 

15:15, 42:6, 47:14, 

50:12 

grant[3J· 34:15, 

34:17, 34:22 

GRANTHAM [ISJ • 

2:12,7:19,8:11,8:13. 

13:12, 19:24, 21:1, 

38:5,38:10, 40:17, 

40.19, 41:8,41:11, 

41:13,41:17, 41'22, 

42:4, 45:19 

Grantham 171- 3:6, 

3:8,6:4,7:17,7:21, 

8:10, 42:3 

great 111- 44:4 

GREGORY 111 • 2:3 

Group 121 • 29:9 

groups[2J· 16:3, 

29:9 

guoss 1~- 39:14, 

45:1 

H 

hand [lJ- 10:20 

hang 111 • 43:1 

happy 111-24:11 

44:9, 44:17,44:21, 

44:22, 45:2. 45:4, 

45:7,45:21 

Hear1ng !41- 6:5, 

6:9, 7:19, 42:4 

hearings['! -44:7, 

47c9 

heat 111 • 27:4 

heater [11- 26:22 

held Ill- 6:11 

hereby[21· 11:24, 

50:7 

hereto 111- 50:16 

historically [1J21:22 

h<>ld :•: , 24:24 

HOLT[11·2:5 

hotter 111-27:3 

hour{2J -1:20,31:5 

housef1J- 22:7 

hugo £11 • 43:2 

hum !HiJ- 25:24, 

26:4,27:8,27:21, 

28:1,28:4,28:17, 

29:10, 29:15, 31:9, 

32:3,44:18,48:21, 

49:1 

id00111 • 49:7 

Identical 111- 41:4 

imagine 111-37:15 

Immediately {1J16:13 

impactr4J- 18:19, 

20:18, 48:2 

lmplement[6J- 9:24, 

10:25, 15:7. 22:8, 

22:9,23:17 

Implementation 111-

9:9 

fmpJementation [61 -

10:4, 10:14, 10:16, 

10:19,4225,43:15 

Implementing 1'1 • 

42:22, 48:3, 48:8 

Important !lll - 35:2, 

. 35:7, 37:18. 37:19, 

37:20, 37:21 

IMPROVEMENT [I)· 

1:1 

Improvement (31 -

1:18, 2:2,6:9 

IN111 -1:4 

ln-hOU$8 !1) ~ 22:7 

lnadvertentt2J 

16:16, 16:21 

includetSJ- 17:10, 

17:17,30:6, 30:9, 

31:6 

inoluded 171 9:2, 

10:1, 14:8, 16:18, 

20:12,22:15,23:3 

inc1udes[3J·14:2, 

15:23. 16:2 

1noluding 121 • 13:23, 

17:20 

lncorporate(3J39:5, 45:23, 46:6 

incorporated [SJ -

11:24,12:2,13:15, 

13:21.14:1, 16:7, 

16:11,23:4 

lnoorporates !31 

12:9, 13:4, 14:21 

Incorporation r·,J40:1 

incorporation {2! ~ 

13:16, 15:16 

lncorred[iJ-12:22 

increaset4J- 11:3, 

11:8,11:9, 18•4 

increasedt1J-11:4 

lndependent(:Zi ~ 

43:9,48:9 

Independently 121 

: 47:25, 48:8 

industry f5J R 16:3, 

24:24, 42:25, 43:18, 

43:19 

Inform 121 • 22:6, 

32:12 

information 121· 

26:24.27:12 

informing {1J ~ 15:20 

1 initiaii3J·12:15, 

113:8, 26:9 

injuryi2J·17:18, 

18:6 

lnput[lJ- 26:19 

inspection 111 -

L_ __________ KATHY TOW~SE~D COURT REPORTERS 

10:23 

Instead 111- 33:4 

inll11·4:11 

lntentl'l- 7:12, 9:3, 

20:3, 45:23, 48:5 

lntentlon[JJ-15:9, 

15:12, 15:20 

lnterest(5J -15:5, 

16:3, 16:4, 17:20, 

18:7 

interested 121 -

15:15, 50:17 

interference 121 -

17:19, 18:6 

Interjecting [11 -

45:20 

introduce(1J -7:18 

Involved JiJ- 17:24 

issuepJ~11:11, 

13:13, 43:11 

Issued f3J- 16:16, 

31:8, 33:14 

lssues11J- 30:24 

IT!11·1:16 

Hem [3] • 6:1, 39:23. 

49:14 

ilsolf:<J -16:24, 

47:23 

J 

January £3l- 4:12, 

10:11,34:4 

John (1}- 6:8 

JOHN 111-2:4 

Journai[2J-4:21, 

19:4 

July JlSJ- 4:17, 4:23, 

15:11,24:18,29:22, 

29:23 

Juno1~ • 24:19, 

38:6 

K 

Kathy 111· 7:4 

keep 141· 25:19. 

26:6, 27:14, 32:25 

keeping (tJ- 26:7 

kept 111· 32:19 

kind 1•1 • 26:21, 

26:23,27:11,47:20 

klndS[2J • 25.23, 

44:25 

knowledge{IJ • 18:9 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

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

4 
L 

landsi1i - 38:6 

languag•r•J- 9:10. 

10:1,27:20,41:4, 

147:11 

LANY 131- 3:4, 8:7, 

8:12 

Lany 1•1- 3:5, 4:4, 

4:6, 4:24, 7:24, 8:16 

largoi1J- 33:12 

lasli2)-7:25, 44:25 

laWS[1)·18:14 

laastpJ-16:10, 44:9 

laaW[1)- 42:9 

Letter[2J- 4:14, 4:16 

letterm- 4:22,5:11, 

15:11, 15:12,20:13, 

22:3, 22:5 

LEW1S{3)- 2:6, 

44:12. 45:15 

Lleense[1J- 50:20 

llmlli'l- 28:21 

limits 1•1- 25:5, 

26:2,26:5, 27:14, 

1 27:25, 28:6,28:19, 

I 31:11 

I liquid 111 - 26:20 

: LlstpJ-4:10 

listp) -13:25, 16:2, 

34:2 

listed 111- 14:12 

location~!- 33:19, 

33:20 

loglcaiJ3J- 45:22, 

45:25,46:6 

look [61- 12:20, 

27:6, 35:20,38:17, 

40:21, 48:23 

IOWI1i·27:14 

6:10,7:1, 10:12 

matters !il ~ 7:1 

MATTHEW[1J- 2;5 

Maxlmumr1J-12:17 

mean [61- 26:9, 

29:2, 38:5, 43:4. 

43:16, 47:20 

meaning 111 ~ 41:1 

meant111- 35:23 

mechanical m - 8:25, 30:24 

mHII<I- 25:20, 

28:7,33:4,39:11 

rnaetlng 111 - 49:11 

meets~[-31:5, 

46:6 

Member I'!- 23:10 

memberrn ~ 46:9 

members 141 - 7:11, 

7:20,21:3,42:5 

memo [1J -16:16 

Memorandum 111 

5:5 

mentioned 111-

13:18 

messed 111- 36:21 

MEXICO ~J-1:1, 

50:1 

Mexico[26]- 1:18, 

1:20, 2:9, 2:11' 2:13, 

2:15, 4:19, 4:22, 5:11' 

7:22, 10:3, 15:5, 18:4, 

19:2, 19:5,24:1, 34:6, 

34:25, 35:2, 36:3, 

38:4, 37:19, 37:20. 

40:2, 40:4, 42:22 

MICHAEL 111- 2:4 

mlght131- 12:22, 

32:11,34:25 

mlnd!1!·45:19 

mlnut<> 111- 45:1 

minutOS[1J· 48:24 

M mlstakenly[11· 

f---------115:25 

machlne[1J- 50:10 

MACT!JJ-12:21, 

13:23. 40:20 

MACTSf'J 18:1, 

18:11, 25:22 

Madam [4J- 7:20, 

41:13,42:4,45:19 

maiiJ<!-4:24,15:19, 

15:24, 38:15 

malls111- 19:10 

main 111 - 42:21 

majorpJ- 24.7 

March111- 4:15 

MATIER£1]-1:4 

matter[i!J-1:17, 

mlstakesm ~ 16:21 

modifications 111· 

30:23 

monitoring [1]- 25:7 

month£11· 37:16 

months [1)- 35:22 

morning (11- 7:19 

MORROW i<J- 2:4, 

42:16,46:21. 49:7 

m0$t[3J - 15:3, 

19:15,36.8 

motion f1l- 46:14 

moti00$(11 ~ 7:14 

mov0£71- 6:1, 20:9, 

moving 111 - 11:1 0 

MR!50J·6:7, 7:19, 

' 8:4,8:10, 8:11,8:13, 

i 13:12, 19:24, 20:22, 

21:1,21:3.21:7,21:8, 

21:13.21:16,22:1, 

22:9,22:11,23:8, 

23:9,34:1,38:5. 

38:10, 38:23, 39:1, 

39:8.39:10, 39:17, 

39:19.39:21,40:17. 

40:19, 41:8,41:11, 

i 41:13, 41:17,41:22. 

42:1' 42:4. 42:8, 

42:16. 44:2,44:18. 

44:24, 45:17, 45:19. 

46:21, 46:22,49:7. 

49:13 

MS!175J- 6:1, 12:23, 

12:24, 12:25, 13:1, 

21:12, 21:15,21:18, 

22:2,22:10,22:17, 

23:11, 23:18.23:20. 

23:21, 24:14,24:15, 

24:18. 25:14, 25:16, 

25:24, 25:25. 26:4, 

26:5, 26:8.26:13. 

26:17. 28;18, 27:5, 

27:6, 27:8, 27:9, 

27:10.27:19, 27:21, 

27:22, 28:1. 28:2. 

28:4.28:5, 28:10. 

! 28:12, 28:14, 28:15, 

• 28:17,28:18, 28:22, 

29:7, 29:10,29:11, 

29:15, 29:16, 29:18. 

29:20, 29:22. 29:23. 

29:25. 30:1,30:3. 

30:4, 30:8. 30:9, 

30.10, 30:11,30:12. 

30:13, 30:14, 30:16, 

I 30:18, 30:21, 30:23, 

: 31:3.31:9,31:10, 

31:13, 31:14,31:16, 

31:17, 31:20,31:21, 

31:22,31:23, 32:3, 

32:4. 32:6, 32:7, 

32. 14, 32:15, 32:17, 

32:18,32:21,32:22. 

32:24, 32:25. 33:1' 

33:2.33:7, 33:8, 

33:10, 33:14. 33:16, 

33:17, 33:20,33:21, 

33:22, 33:24, 33:25, 

34:2, 34:10,34:12. 

34:19,34:23.35:13, 

35:19, 36:22, 36:24, 

38:25, 37:1' 37:5, 

37:7,37:8, 37:10. 

37:11, 37:15.38:9. 

38:11, 38:14.38:20, 

38:21' 38:22, 38:25, 

39:7.39:9, 39:13. 

39:14,39:18, 39:20, 

39:22. 40:18, 40:23. 

41:5,41:10.41:12, 

41:15,41:21,41:24, 

42:13. 42:18,44:5. 

44:12.44:13,44:14, 

44:19, 45:6, 45:13. 

45:15,45:18, 46:8, 

46:11.46:12,46:15, 

: 46:17.46:18, 46:19, 

47:3,47:16.48:12, 

48:17. 48:20. 48:21' 

48:22. 49:1,49:8, 

49:12.49:14 

N 

N-4068!11· 2:14 

name!~- 6:8, 7:21, 

8:14, 14:3. 14:11, 

14:12, 19:25 

natural (1J- 24:21 

necessarily [11-

31:12 

necossery [3]· 6:22. 

15:2,46:1 

nead[5)-31:11, 

: 32:11. 44:5, 44:6, 

: 48:23 

NESHAP 111-21:25 

NESHAPs 111- 25:22 

nevert~J ~ 27:14 

NEW!2J-1:1, 50:1 

MW[i4J -10:9, 

13:22, 16:6,23:24, 

27.16, 28:24, 29:2. 

29:3,29:4,30:11, 

30:19. 30:25,32:10 

NOWJ28) -1:18, 1:20, 

i 2:9, 2:11,2:13,2:15, 

4:19.4:22.5:11,7:22, 

10:3. 12:4, 15:5, 18:4, 

19:2, 19:5,24:1. 30:4, 

34:6, 34:25. 35:2. 

38:2, 38:4.37:19, 

: 37:20. 40:2. 40:4, 

' 42:22 

newer 111 ~ 30:9 

newspaperr11~ 19:2 

next[<J-15:24, 

16:1.30:18,37:16 

NMAC[1DJ·1:5, 4:8, 

4:9,6:13,6:18. 11:11. 

11:13,11:14,13:16. 

46:16 

NMED [20] • 4:3, 5:3, 

: 20:20, 23:2, 44:4, 9:5, 9:17, 10:9. 12:14, 

..... 146:15. 47:5 

L-~~~~- KATHY TOWNSEND COURT REPORTERS 

"""113:25, 14:8, 14:12, 

' 15:2, 15:9,15:12, 

15:23, 19:6,20:5. 

20:10.20:13,20:21, 

20:24,40:6 

NME0'$[1)- 9:22 

NMSAI1J-47:14 

nobody121- 38:21, 

43:20 

N01!2J- 20:12, 38:6 

nonalr[2]·1B:18 

nonsubstantive 111 ~ 

16:15 

normally[1J-44:25 

NOTARY111- 50:19 

NOthing 111- 40:25 

nothing 111- 41:18 

ootle&[14J- 7:12, 

9:3. 14:6. 15:15. 

' 18:23, 19:1, 19:3, 

20:3. 44:7.44:8, 

44:17,45:4.45:21. 

46:5 

notlcos m- 5:10. 

13:22, 13:25, 14:7. 

14·9, 19:8,22:13 

notification !1]-

15:8 

notllylng[1J - 38:13 

NovemberfiJ -1:17 

NSPS 1121- 12:5, 

13:23. 14:23, 14:24, 

15:4. 15:10, 16:6. 

16:12.17:8.18:1, 

18:10. 40:20 

NSPSeap[- 25:22 

number [8J - 6:1, 

12:13, 12:14. 13:7. 

25:17, 39:2,39:24. 

49:15 

i Number£2]-9:17, 

I so:2o 

5 

I oath[2J· ~23, 919 .. 

' objected 111- 38:21 

objections (1i-

' 17:11 

objectlVOil]• 9:21 

obtained 121- 7:5, 

10:3 

occurrence [11 -

20:15 

October[i!J· 5:12, 

38:7.44:15 

OF!~ -1:1, 1:4, 

1:14,8:12, 19:23, 

50:1, 50:3 

--'---~-------' 

110 Twelfth Street, Korthwest, Albuquerque, New Mexico 87102 

(505) 243-5018 - Fax {505) 243-3606 
offhandt1J-4019 

offiC&J1J ~ 7:7 

Ofllt<>[3)- 2:8, 2:8, 

2:13 

Olllcor{4J • 6:6, 

6:10, 7:20,42:4 

officer[JJ ~ 50:6 

OllicOS!lJ-10:17 

.,' often !31 ~ 26:13, 

34:21' 44:22 

oli(4J -15:4, 23:23, 

i 24:21,24:24 

! old J3J- 29:6, 30:7, 

: 30:13 

.

1

• older 111 • 28:25 

one !131- 14:21. 

' 23:7, 23:14, 31:4, 

i 32:10, 33:11,33:18, 

! 33:20, 35:15,41:16, 

' 47:12, 47:21 

.

1

, one'Sf1J-24:12 

On&S[2]·21;21, 

21:22 

0000111- 14:23 

open 11l- 42:9 

operator 121 - 26:11, 

i 27:11 

operata rs t2J -

27:18, 43:9 

opinion J3J- 17:25, 

20:16, 43:12 

opportunity [5J -

i 6:19, 7:15, 16:5, 17:7, 

31:23 

opposed 111- 47:3 

option [3J- 22:5, 

22:7, 33:1 

oral 111-42:7 

ord&r(2J- 32:19, 

36:8 

Ordor{1J- 5:8 

order${1)- 6:21 

organic;zJ ~ 25:3, 

31:7 

organizations n - 16:3 

orlginalt4J-16:8, 

22:22, 23:7 

originally (31 -14:18, 

22:20, 45:24 

otherwise (1J- 26:2 

outcome 111- 24:12 

outdated[1J -15:6 

outgrowth !31 -

45:22, 45:25, 46:6 

outllnod111 ·16:17 

outreach {11- 9:11 

overall 111- 31:.21 

overslghtt2J- 10:16, 

41:5 

I ownors111 -16:2 i 34:10, 34:16, 34:21, 

i----~---~ 37:14 L_ p perm~ I"! -10:23. 

PO!lfii1J· 22:12 

PAGE l'l- 3:2 

poger I' I· 7:9 

pages 121- 14:9, 

24:22 

par(1]- 29:1 

paragraph [41 -

21:13,47:10, 47:18, 

49:3 

, paragraphs 111 -

: 47:21 

part17J·11'24, 17:4, 

20:2, 27:3, 36:4, 43:7 

Part£21]-12:4, 

12:10, 12:16, 13:5, 

14:5, 14:18, 14:23, 

15:13, 15:17, 15:21, 

i 19:13, 19:16, 19:18, 

I 22:13, 22:15, 22:19, 

42:6 

partlcular[4J-

' 11.10, 15:4,33:11, 

: 43:11 

i particulars ttl -

i 40:21 

: partlesj4J. 7:14, 

15:15,50:14, 50:16 

ports[2J -11:11, 

14:4 

Parts~J-11:14, 

13:18 

PEACOCK ~•1- 2:3, 

i 6:1, 34:2, 34:19, 

' 35:13, 36:22, 36:25, 

37:5, 37:8.37:11, 

38:20, 38:22, 38:25, 

' 39:20, 39:22, 40:18, 

: 40:23,41:10,41:12, 

i 41:15,41:21,41:24, 

' 42:13,44:5,44:14, 

44:19, 45:13,45:18, 

46:8,48:12, 48:17, 

46:19,47:3,48:12, 

48:17,48:21,49:1, 

49:8,49:14 

per(1J- 31:5 

perfonn n · 10:18 

Performance 121 -

12:5, 30:5 

performance 121 -

: 25:3,41:2 

' period~! -10:10, 

17:5, 21:21 

portodlcally (71· 

10:5, 34:5, 34:8, 

23:25, 24'3, 25:9, 

25:11,27:20, 27:22, 

27:24, 27:25, 28:2, 

29.4, 30:20, 31:2, 

' 31:4,31:15,31:17, 

31:21, 31:25,32:2, 

32:4. 32:8, 32:11' 

32:15, 32:18. 32:23, 

33:5, 33:10, 35:12 

ponnils (4)· 24:2, 

31:3,31:8,33:14 

Permitting 111-

33:24 

pormllllng!'l. 24:7, 

26:13 

poi'$0R ~I · 6:25, 

! 23:21 

personally f2l ~ 

44:19, 50:10 

persons 121- 6:19, 

6:24 

potltion 17J· 6:13, 

! 7:11,14:15,15:14, 

. 24:19, 35:15, 38:6 

phoner11- 7:9 

plckotlng 111- 43:4 

pipo(lj. 30:25 

plaCOj2)- 18:11, 

'37:4 

plan&t~: • 23:16 

i Plans 111 ~ 9:10 

! point 1~ - 20:9, 

• 20:11,25:12. 32:22, 

1

35:6 

pointed {1J • 44.6 

, pollutan!j1J. 31:6 

' pollutants 111 - 11 :4 

Pollutant&!1J· 

12:18 

poorty 111. 22:18 

portion 111 - 11:17 

posltlon&d nl10:21 

posslble111- 6:2 

possibly 121- 25:20, 

: 28:7 

Postr11- 2:6 

posted 1~ - 19:6, 

35:24, 37:3 

polentlal lSI- 26:14, 

26:15, 26:25, 27:12, 

28:16.28:20 

pounds 111 - 31:5 

practicability 111 -

17:22 

prefert1J- 10:25 

prnsentr21- 7:13, 

KATHY TOWNSEND COURT 

120:3 

presented 121 -

l 44:15,45:4 

p~erve [11- 6:22 

pretty [2J • 32:16, 

48:25 

previous [1J - 39:4 

previously 1>1- 10:3, 

13:18, 23:25 

prlnled m· 14:9 

Procedure 111· 6:20 

procedureS!'~:-

6:17 

proceeding (21 -

50:7, 50:14 

PROCEEDINGS 111-

1:14 

Proeeedlngstil49:16 

process 121 - 36:5, 

44:22 

production (1]-

24:22 

program rat 10:23, 

! 27:24, 31:4,31:21, 

' 31:25,43:1,46:8 

programs [4J -

26:18, 26:25, 28:13, 

43:16 

prohlblt~i-41:1, 

! 41:18 

: promulgated t2l w 

I 11:22, 13:20 

ProofiOrderrtJ -

4:20 

proper [1l- 42:19 

! proposal(111- 9:22. 

14:2, 17:3, 17:9, 

i 22:22,25:1,29:12, 

: 29:17,29:18, 30:1, 

36:3 

propose 111- 47:10 

PROPOSED 111 - 1:4 

Proposed 111-4:7 

proposed !291- 4:9, 

6c3, 9:12, 10:8, 11:12, 

12:11. 12:13, 12:14, 

1

: 13:11. 14:14, 14:18, 

15:14, 17:25, 19:17, 

20:11, 22:20,24:20, 

i 25:1' 27:20, 35:19, 

! 35:21' 35:22, 39:23, 

• 42:20,44:10, 45:22, 

: 48:15,47:6, 47:12 

proposing (3)-

14:13, 18:14.23:1 

Protection f4l- 4:14, 

' 4:16, 5'4, 8:19 

protocoiS(1J • 25:6 

9:15, 18:23,25:10 

provided 121- 19:9, 

! 20:12 

: provldos(~-11:16. 

141:17 

:, provisions !11-

17:13 

PUBUC11J·50:19 

publiC{14J - 7:6, 

7:15, 9:10, 16:3, 

16:13, 16:25, 17:5, 

17:19, 16:7,18:23, 

' 38:12,44:8,44:17 

Publication :1J w 

4'18 

publication J4J -

14:4, 16:22, 17:7, 

! 36:17 

published 11~ • 

4:11, 14:24,15:19, 

19:1, 19:3, 22:24, 

36:9, 36:14, 36:23, 

37:1, 37:6, 38:15, 

46:2 

purchase 111- 26:12 

i pul[11 26.24 I r---··· 

6 

I Q r------1 

quad 1"'1 -14:24, 

i 15:3, 15:4,15:10, 

! 15:18, 16:6, 16:12, 

16:22, 17:8, 17:10, 

i 22:4.22:14. 23:2, 

23:4,23:15,23:17, 

24:1,24:10, 24•16, 

25:13,25:16,25:21, 

26:3,27:15, 28:23, 

: 32:13, 33:4, 35:2, 

: 35:8,35:17, 35:19, 

35:21,36:1,36:23, 

37:13, 37:18, 36:16, 

38:19, 39:2, 39:5, 

39:6, 45:9, 45:24, 

'46:6 

Quality 1~- 7:23, 

8:19,8:21,9:8, 17:14, 

19:6, 33:24,47:13 

quality (1J • 6:3, 

6:12,925, 10:4, 11:1, 

18:18 

QUALITY (1]· 1:4 

questioning 111-

49:4 

questions 1121 -

7:25, 8:2, 19:20, 20:8, 

21:3,23:9,23:12, 

34:1,39:2,41:25, 

42:1,42:2 I provlde[4J- 6:18, 

-~~-~~~~-~ 

REPOHTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

(505) 243-5018 - ~ax (505) 243-3606 
quite [tJ- 35 2 

ran ttl - 28:7 

rather[4J -11:1, 

: 23:6, 36:18,40:14 

, road~~· 40:24. 

47:12 

reading{1j- 44:16 

ready 121- 48:4, 

49:11 

11>3lly ISJ- 30:7, 

30:13,31:11,32:9, 

33:8,37:17,48:6 

reason [21 ~ 42:8, 

42:21 

reasonable(1} 6:19 

reasonableness 111 -

17:22 

reasons m -20:12. 

39:23, 42:6, 47:5, 

47:6,48:19,49:11 

Reas.ons 111- 5:8 

receive 111- 44:25 

received 111 -17:9 

recent !31- 15:3. 

18:1' 19:16 

rGCommend [11-

19:13 

record~~- 7:6,8:15, 

19:22, 19:25, 28·7, 

' 42:9,42:10, 50:11 

record-keeping (11-

26:7 

recorded l2l- 7:3, 

50:10 

11>dUCOf1J- 25:11 

roduclng f3J· 17:23, 

27:18 

reductions {21 -

18:15, 18:17 

refer 121- 29:7, 40:14 

refarencersJ-12:2, 

12:9, 13:4, 16:11, 

18:1,23:4,40:1,49:4 

roferl1>d[41 11:14, 

12:5, 12:21' 14:24 

referring 111 - 40:14 

11>gardlng ~! -15:8, 

48:1 

Region I!J-10:17 

Reglstef!21l- 4:11. 

4:19. 5:10, 11:23. 

13:21' 13:22, 14:4, 

14:7,14:25, 15:19, 

16:22, 19:3, 19:5, 

regulations f17J ~ 

6:3,6:12, 9:25, 10:10, 

11:1, 11:10. 11:15, 

! 13:14, 13:23, 17:16, 

18:12, 18:13, 18:25, 

19:17, 34:16, 37:14, 

40:5 

REGULA nONS 111-

1:4 

Regulations (11-

11:19 

regulatol}' 1n • 9:10. 

9:12, 10:8, 11:3, 

14:14, 18:5, 39:11 

. Regulatol}' ~~- 5:9, 

I 20:14 

I 

ralated (11- 50:13 

relates 111- 15:3 

' rolatlVOf1J· 50:15 

released[1J-16:13 

relevant J3J- 8:23, 

11:22, 13:19 

reUance(t]-10:15 

REMEMBERED 111 -

1:16 

replace ttl- 49:4 

replaced 121· 30:14, 

30:21 

replacement 111-

! 30:19 

! replacements !21-

• 30:16,30:19 

i REPORTER[1J· 

48:16 

reporten11- 7:6 

Reporters 111 7:4 

n>ports 111- 39:15 

representrtJ-7:21 

request[1J- 22:20, 

24:12,34:7,34:9, 

35:16, 37:16, 42:5 

requested 1'1 • 

13:17, 22:22. 22:25, 

23:7 

requests 121 -10:5. 

34:5 

require 141 ·17:14, 

18:25,30:19, 31:1 

requil1>d [.ll-18:9, 

18:20, 47:18 

requirement (11 -

45:3 

requ1rements [flJ -

11:6,18:3, 18:19, 

18:21,24:10, 24:20, 

: 25:19, 32:20, 33:4, 

1

33:9, 35:8,39:11, 

47:8, 47:13.47:19 

' 47:24,48:10 

requires 111- 30:20 

research (iJ- 30:2 

researched [11 -

24:17 

resourc&St1J-10:18 

respect [3]-13:13. 

15:13, 15:16 

respectfully !11-

42:5 

responS&S(1J- 47:2 

r&st[1j-43:16 

rosultm-11:4, 

11:7. 16:20, 16:25, 

18:5, 18:6 

resume(3J ~ 4:4,9:2, 

20:2 

Resume {11- 4:5 

retain 111-41:5 

retains 121- 10:16, 

40:4 

retroactive (1J • 

28:25 

review[4l- 9:9, 16:6, 

16:10, 17:8 

reviewed f11- 47:24 

revise111 ~ 31:14 

roviHd JSJ- 4:7, 

13:23, 38:1' 38:2, 

38:3.38:4 

revision [51· 11:12, 

13:11, 15:16, 22:13, 

38:8 

revisionSf4J- 10:8, 

14:13, 46:16, 47:12 

RITAJ3J· 3:4, 8:7, 

19:23 

Rita 15J- 3:7, 4:5, 

7:24,20:1,23:13 

rooft2J- 26:22 

Roomt•J-1:19 

nd&{16J~ 11:21, 

11:25. 12:13, 12:14, 

: 12:20, 13:7, 14:11, 

: 14:19, 16:17, 16:20. 

16:24, 17:1,21:18, 

25:7. 36:3, 28:14, 

37:19, 37:20 

rulemaktng [61 -

6:13,6:17, 11:7, 

14:22, 15:9, 18:25 

rules [21) • 10:6, 

10:9.10:13, 10:14, 

11:2.11:6, 11:7, 

KATHY TOWNSEND COCRT 

11:18, 11:22, 12:2, 1112:12, 14:20, 15:1, 

13:9. 13:10, 13:13, 15:21, 16:23,23:2, 

13:19, 16:10, 19:16, 35:16, 38:10,38:14, 

21:20, 34:18, 36:5, ' 44:11,45:9 

37:24,44:16 ~ SetJ4]- 6.17, 25:2, 

RulosJ'l - 6:20 30:5, 45:24 

Ryan 111- 23:10 setsr21- 11:25, 25:5 

RYAN £541. 2:5, shaiiJ4J· 40:25, 

23:11,23:20, 24:14, 41:18,44:8,44:16 

1

25:14, 25:24, 26:4, sheet111· 36:14 

26.8, 26:17, 27:5, : shorthand 111-

27:8, 27:10, 27:21, : 50:10 

! 28:1, 28:4, 28:10. sideJ1J- 27'7 

· 28:14,28:17, 28:22, sign111- 36:13 

: 29:10, 29:15, 30:8, signed 151- 7:8, 

30:10, 30:12, 30:16, 35:24,36:12, 36:19, 

30:18,30:23.31:9, 37:3 

31:13.31:16,31:20, sil&ncepl-7:9 

31:22, 32:3, 32:6, slmllar[41 - 7:24, 

32:14, 32:17,32:21, 18:10, 18:20,47:11 

32:24, 33:7, 33:10, similaritlee 111-

: 33:16, 33:20.33:22, 11:15 

: 33:25,42:18, 44:13, simplet1J- 24:4 

: 45:6,46:11,46:15, simplifiodl21· I ~ '""'·<OW, 12 '""" simplifies 111- 33:8 

Simultanaous 111-

S 47:2 

·----11 slmultaneous[1J ~ 

1 Santa~~ - 1:20, 2:9, 30' 17 

: 2:15 sitaJ2J -19:7,38:12 

satisfied 121- 47:20, Smalli11- 20:14 

48:10 smaiiJ4J·20:18, 

satlsly J;!l _18,

2, 25:20, 31:19, 43:9 

47:13 soclai(1J 17:20 

saw 111 ~47:11 someone 121 ~ 26"10, 

science [11· 8:25 30:24 

scribbling [1] - 48:22 ; sometimes Illsecond JSJ- 21:13, 34'

24 

21:15,23:18,46:20, sorry)4J· 21 '

12· 

46:21 22:18,41:8,47:1 

seconded 111- 46:22 sortpJ- 36:13 

sectlon [3J- 33:13, soughtl11 -10:3 

41:3,41:14 sounds[1J- 49:13 

Sectionr41 _ 5:6, source[J]-10:22, 

12·1, 12:8, 34:15 26'14· 29'

2 

sections f4J- 12:10, Source [3J -12:4, 

13:5, 13:16,40:24 12:18, 30:5 

see 131 _ 24:11, sourceS(14J- 10:22, 

32:17,43:6 11:8, 17:21,17:24, 

See 111 _ 40,

6 23:25, 24:3, 25:11, 

sensa[1J-29:5 26:2,30:11,31:18, 

sanlfS]- 15,

19, 32:7,35:8,37:20, 

15:24, 20:15, 22:3, 40'

3 

38,15 Spanish 111-19:4 

sentence [11 ~ 39:25 speclflcrn- 9:24. 

i senteneest1J~48:7 11:17,12:4,21:21, 

! September{14J- 21:22, 33:11,48:1 

I 

specifically 111 - 4:13,4:24, 10:11, 13:14 

REPORTERS-···· 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

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

7 
speciflod 121- 11:23, 

13.21 

spot(1J- 33:11 

SS[t{• 50:2 

Sl[\]-2:14 

staffltJ-10·18 

stakeholder 121 -

15:11, 15:2 

stakeholders [9J -

15:20. 16:5, 16:9. 

17:7, 17:11, 19:10, 

23:24, 38:16, 43:3 

standttJ-21:2 

standard 111- 41:2 

Standards [3!·12:5, 

12:17, 30:5 

standardS[11J10:4, 10:7, 10:21, 

12:10,12:21, 13:24, 

25:2,40:1,40:3, 

40:20, 41:20 

state [1SJ- 8:14, 

10:6. 10:13. 11:16, 

13:10, 18:13, 19:15, 

19:25,23:16, 24:8, 

27:3,31:7.48:7 

STATE121-1:1, 50:1 

Stale!'!· 1:19,9:9, 

34:5 

Statement[1J- 5:6 

statement [€i -

20:11, 39:23, 47:5, 

47:6,48:18,49:10 

statements (1J- 42:3 

states f'l - 9:25. 

11:21, 13:19 

statutory[oJ -12:6, 

13:2, 18:2, 40:9, 

40:15,47:8 

still l'l - 22:16, 

38:18,39:6 

storager1o1- 24:21, 

24:23,25:4, 27:16, 

28:24, 28:25, 29:3, 

1

: 29:5, 29:6, 33:11 

streamlined !2J ~ 

: 32:1 

stn>ots [11- 43:4 

stuff It!- 39:3 

subject 1101 - 6:24, 

45:24 

Subpart 111 14:23 

subsectlon !Zl ~ 

40:25. 41:18 

substance 1~ -

' 16:20,23:15,23:21, 

: 24:16, 45:7 

substantivo !4J ~ 

17:6, 37:22,40:3, 

45:10 

substantively I'll ~ 

45:2 

sudden[1]·31:1 

sufficiency [11-

45:21 

suggest [1]- 49:2 

Suite 111- 2:14 

summary [1] ~ 24:20 

• suppor!i>J- 42:16, 

1

44:1,44:4 

, suspendersr11-

: 45:7 

sworn f31 ~ 8:5, 8:8, 

50:9 

systemp]-18:15 

T 

table{1] -14:2 

talksi>J- 22:12, 

1

25:1, 29:8 

, tank~~- 26:20. 

: 26:21, 27:2. 27:7, 

: 27:9. 29:5, 30:20. 

I 3021 

tanks1221- 24:21, 

.,. 24:23, 25:4, 25:7, 

26:12,26:18,27:17, 

. 28:24,29:1, 29:3. 

29:6, 29:9, 29:11, 

30:7, 30:9, 30:13, 

31:7,31:10, 33:11, 

33:12 

TanksltJ- 26:19 

technlcalt3J- 7:13, 

17:22,20:3 

Technology 111-

12:17 

Ia, 915 9·18 ·9····1s ' ' ' . ' . ' ' ' 

1

20:3,22:12, 23:14, 

34:4, 40:7, 40:8, 

i 40:14, 42:7. 43:10. 

: 46:4,48:1, 50:8, 

1

50:10, 50:11 

t .. tlng 111 - 26:7 

: textpJ-14:7 

THEt>J -1:4,21:6, 

: 48:16 

therefore t~l- 39:4 

tboy'VOf\f• 32:15 

thinking 111-47:16 

three 121- 8:22, 47;8 

thresholds [21 -

25:23. 28:15 

throughout 111- 17:5 

nmr'l- 46:22 

timely(1J- 35:3 

llMOTHY[11- 2:4 

title 121- 12:4, 14:6 

tilled :11- 12:16 

T0[1[·1:4 

today 1~ • 7:23, 

9:19,11:11,17:2, 

34:4, 47:9, 48:1, 48:5 

todoy's [11- 29:12 

tonspJ-31:5 

total[1)·14:9 

toward I' I- 44:4 

Townsend £11- 7:4 

transcribed(1J- 7:3 

TRANSCRIPT 111 • 

1:14 

transcript[4J· 7:5, 

48:14, 50:9, 50:11 

transported [1) ~ 

t 24:25 

' trlgger[11· 36:16 

triggered 121- 25·16. 

31'19 

true 111 - 50:11 

try [1)- 43:7 

trying [21- 28:25, 

48:11 

turn[2J-6:5, 42:12 

twenty 111 - 8:22 

twenty-three [1]-

8:22 

29:10,29:15. 31:9, 

32:3,44:18,48:21, 

49:1 

: unanimoUS]1J-47:4 

; Und8f[19]- 6:23, 

1 9:19. 9:23. 10:4, 

: 11:18, 12:7,17:15, 

. 18:20, 19:16, 24:1, 

24:3,25:18,25:19, 

27:25,31:4, 31:8, 

32:13,41:2,48:10 

unfortunately !11-

16:14 

University 111- 9:1 

unless 111- 30:14 

upl"]-23:5, 29:1, 

36:21, 37:25, 38:23, 

43:1, 44:25, 49;3 

update [3)- 10:6, 

34:6, 34:15 

updates 111- 24:20 

updating i'l - 27:17. 

37:14 

usc [41 - 40:10, 

40:11,49.5,49:6 

USCA 111- 5:6 

w 

walt121- 29:25, 35:4 

wants 1'1- 43:19, 

43:20, 43:21 

ways 121 - 28:18, 

33:17 

WEAVER[56J· 3:4, 

. 8:7,8:12, 12:24, 13:1, 

21:12,21:15.21:18, 

22:2.22:10,22:17, 

24:18, 25:16, 25:25, 

26:5,26:13,26:18, 

27:6, 27:9, 27:19, 

27:22, 28:2, 28:5, 

28:12,28:15, 28:18, 

29:18,29:22,29:25, 

30:3,30:14, 31:3, 

31:10,31:14,31:17, 

31:21, 31:23, 32:4, 

32:7,32:15,33:1, 

33:14,33:17,33:21, 

34:10, 35:19,36:24, 

37:1,37:7, 37:10, 

38:14, 38:21, 39:7, 

39:9,39:13,41:5 

Woavoq1~- 3:5, 

r~"~"" value [1J - 17:20 

variOUS[1l ~ 27:7 

veh1CI&[1J -11:16 

wrslon [9]- 15:3, 

15:6. 15:14,32:1. 

32:2, 36:1,36:8, 

36:12, 37:24 

.. -, 4:4, 4:6, 4:24, 7:24, 

8:1,8:14, 8:16, 19:20, 

23:19. 24:15,34:4 

web~~- 19:6, 38:12 

weeks 111- 36:8 

wolghli1J- 47:15 

welcome [11- 39:21 

welfare 121- 17:19, 

18:7 

versionS[1J~ 14:15 

Vice111- 6:6 

Vic&-Chalrp{- 6:6 

viewable [1]- 7:7 

volatile [21 - 25:3, 

31:6 

volatility 111- 26:20 

Volkerdlng 121 • 6:6, 

6:8 

VOLKERDING [231-

2:4, 6:7, 8:4, 8:10, 

whatsoever(1J19:11 

wholop1- 31:24 

wldely[1i- 35:25 

witnesses [4J ~ 7:18, 

8:5, 50:8, 50:12 

WITNESSES 111 - 3:3 

WOI'fYf2!-31:12, 

32:9 

i wrne 111-40:10 

I Written 111. 4:6 

written 141- 9:15, 

8 

7:1,9:13, 25:13, 

temporary 111 ~ 

24:25 two [OJ· 11:13, 

23:11, 29:9,34:20, 

35:14, 35:17 

' 20:22,21:3,21:7, 

23:9, 34:1,38:23, 

39:1,39:8,39:10, 

39:17, 39:19, 39:21, 

42:1,42:8,44:18, 

i 9:18, 22:18, 42:7 

---l 

25:21, 26:2, 26:7, tend(2j- 44:24,45:5 

27:15,39:5,39:6 termt1J-42:19 

subjects f2l- 17:21, terms 111- 45:20 

45:10 

1

. teslf41- 25:5. 26:10. 

submit!':- 38:3, 45:21,46:7 

48:5 , tesUfled {11- 6:9 

typo I']- 25:6 

-u----.... 44:24.45:17.46:22 . 

. 49:13 -----1 

submitted [3)- 20:2. : Testlmony(1i -4:6 um-huml15J- 25:24, 

38:1, 44:21 1 testimony !22l- 26:4, 27:8, 27:21, 

voluntarily [1J28'19 

vote i1J- 47:4 

Lsubpar!f21-17:8, .... I 6'

23·6:24,7:1,7:13, i 28:1,28:4.28:17, 

KATHY TOI'INSEND COURT REPOR':'ERS 

y 

,. year!2!·27:1, 31:5 

: years 121- 8:22, 

I 34:20 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

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