SUSANA MARTINEZ Governor JOHN A. SANCHEZ Lieutenant Governor



### November I, 2013
Mr. Ron Curry 

## NEW**MEXIC~CEIVED-** 

## 6PDL ENVIRO!IiMENT DE:i'MR1'Mtmi1NG SEC. 

## Office of the**Sec~~~** 

## -6 PH 5:01

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



### Regional Administrator (6-A) U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733
Dear Mr. Curry: RYAN FLYNN Cabinet Secretary-Designate BUTCH TONGATE Deputy Secretary



### On behalfofthe New Mexico Environment Department (NMED), I am pleased to submit to the Environmental Protection Agency (EPA) the enclosed New Mexico State Implementation Plan (SIP) revision for the Grant County, New Mexico, Sulfur Dioxide Maintenance Area. With this submittal NMED is requesting the redesignation ofthe Grant County, New Mexico, Maintenance Area to a Limited Maintenance Area for the 24-hour sulfur dioxide National Ambient Air Quality Standard. This SIP revision consists ofa Limited Maintenance Plan for the Grant County Sulfur Dioxide Maintenance Area. The hearing record for the SIP revision is attached, which includes hearing transcripts, exhibits, public notices, public comments, affidavits ofpublication and notice ofintent to testify. The public notice for the hearing was conducted in accordance with 40 CFR 

### § 51.102. The only comments received regarding this matter were from EPA Region VI. The attached SIP revision includes amendments made in response to EPA's comments. Included with the attached hard copy ofthe SIP revision is an electronic copy ofthe submittal provided on disk which I certify to be an exact duplicate ofthe hard copy. This SIP revision is being submitted to the Environmental Protection Agency to fulfill all ofNew Mexico's requirements under Section 175A ofthe Clean Air Act for the Grant County Sulfur Dioxide Maintenance Area.

Ryan Flynn Secretary-Designate
Enclosures

cc: Mr. Guy Donal;lson, EP,A**Re~ion** 

### 6 '· ,**·~** \" ·', , ..)**~·** I

.**~...-**

# SULFUR 

# DIOXIDE 

# LIMITED 

# MAINTENANCE 

# PLAN FOR THE 

# GRANT 

# COUNTY

# , NEW 

# MEXICO 

# MAINTENANCE 

# AREA

AIR 

## QUALITY 

## BUREAU 

## NEW 

## MEXICO 

## ENVIRONMENT 

## DEPARTMENT 

## 525 CAMINO DE LOS 

## MARQUEZ

## , SUITE 

## 1 SANTA 

## FE

## , NEW 

## MEXICO 

## 87505

# I. INTRODUCTION In 1978, the US Environmental Protection Agency(EPA) designated Air Quality Control Region 012: Grant County, New Mexico as a partial nonattainment area for violating the National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (SO2

### ). This designation was based on emissions from one major point source within the nonattainment area. This source smelted and mined copper ore in Hurley, NM. The nonattainment area includes a 3.5 mile (mi) radius surrounding the former copper smelter facility and any land above 6,470 feet (ft) within an 8 mi radius of the former smelter (Figure 1). Figure 1: Grant County SO2

### Nonattainment Area*

*The Bayard monitor was discontinued in August 2002.

### 2 Sulfur dioxide is a colorless gas with a pungent odor that is highly soluble in water. Sulfur dioxide belongs to the family of gases called sulfur oxides (SOx

### ). These gases are formed when fuel containing sulfur, mostly coal and oil, is burned, and during metal smelting. Sulfur dioxide and nitrogen oxides are the major precursors of acidrain. The major health concerns associated with exposure to high concentrations of SO2

### include effects on breathing, respiratory illness, alterations in pulmonary defenses, and aggravation of existing cardiovascular disease. Children, the elderly and people with asthma, cardiovasculardisease or chronic lung disease (such as bronchitis or emphysema) are most susceptible to adverse health effects associated with exposure to SO2

### . The Clean Air Act (CAA) requires all areas of the United States to attain and maintain the NAAQS. If an area does not attain and maintain the NAAQS and violations occur, the area will be designated nonattainment by EPA for the particular NAAQS that has been violated. Once an area has been designated nonattainment it must show at least three consecutive years of clean data and provide EPA with a maintenance plan and a redesignation requestto be eligible for redesignation to attainment/maintenance of the standard. A maintenance plan must meet the requirements of CAA Section 175A, including a demonstration that the area will maintain the NAAQS for a period of at least ten years following redesignation toattainment of the standard by EPA. The plan must also contain a contingency measure that would be implemented in the event that a violation of the standard occurs during the maintenance period.

### 3 

# II. GRANT 

# COUNTY 

# LIMITED 

# SO2 

# MAINTENANCE 

# PLAN The CAA Section 107(d)(3)(E) mandates that for a nonattainment area to be reclassified to attainment, EPA must fully approve a maintenance or limited maintenance plan for the area that meets the requirements of CAA Section 175A. A maintenance plan is a state implementation plan (SIP) revision that must provide for maintenance of a NAAQS for at least ten years after EPA redesignates the area to maintenance/attainment. NMED submitted a Redesignation Request and Maintenance plan for the Grant County 24-hour SO2

### nonattainment area to EPA in February 2003. This submittal was approved by EPA on September 18, 2003 (68 FR 54672). The end date for NMED’s 2003 Grant County SO2

### Maintenance plan is 2015. As required under CAA Section 175A(b), NMED is submitting a revised SO2

### limited maintenance plan for the continued maintenance of the SO2

### NAAQS for an additional 10 year period after the expiration of the 2003 Grant County SO2

### Maintenance plan. EPA allows nonattainment and maintenance areasthat are at or below 85 percent of the exceedance level for a NAAQS at the time of redesignation to submit a less rigorous plan that EPA refers to as a limited maintenance plan. 1

### The Grant County 24-hour SO2

### maintenance area currently has no major SO2

### sources and has monitored negligible levels of SO2

### for the past 5 years. Based on the lack of SO2 

### major point sources and emissions within the Grant County maintenance area, New Mexico is choosing to submit a limited maintenance plan for the Grant County maintenance area. EPA is allowed up to 18 months to approve or disapprove a SIP submittal. To allow for EPA’s review of the Grant County SO2

### limited maintenance plan and the state’s rulemaking review process, while still affording for the 10 year CAA Section 175A planning period requirement, the limited maintenance plan’s end date will be 2025. EPA guidance for limited maintenance plans under CAA Section 175A provides a general framework for developing a maintenance plan that includes five elements. 1. Attainment Inventory 2. Maintenance Demonstration 3. Monitoring Network 4. Verification of Continued Attainment 5. Contingency Plan 1. ATTAINMENT 

### INVENTORY 

### The EPA guidance for limited maintenance plans (see Appendix A of this plan) provides that an emission inventory should be developed to identify the level of emissions in the maintenance area that is sufficient to attain the NAAQS. There are currently no major SO2

### sources in the

1 See“Limited Maintenance Plan Option for NonclassifiableOzone Nonattainment Areas,” Memo from Sally L. Shaver to EPA regional air directors, Nov. 16, 1994 (see Appendix A of thisplan). In the absence of guidance specific to SO2, EPA Region 6 has directed New Mexico to follow the Guidance for ozone non-attainment areas. (Medina, Dayana. “EPA Guidance on Limited Maintenance Plan Option.” Message to Rita Bates. 3 March 2012. Email)

### 4 Grant County maintenance area. In July 2006, the only major source of SO2

### located within the maintenance area boundary, the aforementioned copper ore smelting facility, was dismantled and the stacks removed. The facilityalso modified their Title V and New Source Review (NSR) permits (see Appendix B of this plan) to remove all equipment associated with the smelting of copper ore. There are presently two Title V sources in Grant County (outside of the Grant County SO2 

### maintenance area): the Chino Mine(formally the Hurley Mine) and the Tyrone Mine, neither of which are major sources for SO2

### . The 2011 SO2 

### actual emissions for the Chino Mine were 0.272 tons per year (tpy) and 6.3 tpy for the Tyrone Mine. The primary sources of SO2

### emissions for both facilities are blasting fugitives and diesel generator engines. Table 1 below shows the actual SO2

### emissions for Title V sources in Grant County for the years 2007-2011. As the table shows, the combined SO2

### emissions from these Title V sources are well below the major source threshold. Table 2 below shows the allowable SO2

### emissions for all minor point sources located in Grant County for the years 2007-2011. There are currently four (4) minor point sources located within the Grant County maintenance area with total allowable SO2

### emissions of 150.0 tpy for 2011. All of the minor point sources located within the Grant County maintenance area are aggregate quarrying, crushing and screening operations that are registered under General Construction Permit (GCP-2) for Quarrying, Crushing, and Screening Facilities that includes default allowable emission limits. Although the GCP-2 allowable SO2

### emission limit is set at 50.0 tpy, the actual SO2

### emissions generated from these types of sources are minimal. Table 1 SO2

### Emission Inventory for Grant County Title V Sources
YEAR ACTUAL EMISSIONS (TPY OF SO2

### ) ** ACTUAL EMISSIONS WITH RULE EFFECTIVENESS (TPY OF SO2

### ) *** DAILY EMISSIONS (TPD OF SO2

### )
2007 *4.14 4.97 0.011 2008 0.82 0.98 0.002 2009 *4.66 5.59 0.013 2010 *5.70 6.84 0.016 2011 *6.57 7.88 0.018 * Actual emissions include un-permitted fugitive SO2emissions. ** EPA's default rule effectiveness of 80% compliance was applied to the actual emissions data. ***For the SO2daily emissions calculation, 365 days per year operation was assumed. 

### Table 2 SO2

### Emission Inventory for Grant County Minor Point Sources
YEAR ALLOWABLE EMISSIONS (TPY OF SO2

### ) *DAILY EMISSIONS (TPD OF SO2

### )
2007 316.30 0.866 2008 316.30 0.866

### 5 2009 316.34 0.866 2010 316.34 0.866 2011 316.34 0.866 *For the SO2daily emissions calculation, 365 days per year operation was assumed. 

### 2. MAINTENANCE 

### DEMONSTRATION 

### To demonstrate maintenance of the NAAQS for a nonattainment area, the CAA requires a state to show that future emissions of a pollutant or its precursor will not exceed the attainment inventory developed for the area or to providemodeling to show that future sources and emissions will not cause anexceedance of the NAAQS. For limited maintenance plans, however, the maintenance demonstration requirement is considered to be satisfied for nonattainment areas if the monitoring data for the area shows that the monitored air quality is equal to or less than 85 percent of exceedance levels for a specific NAAQS. There is no requirement to project emissions over the maintenance period. EPA’s guidance for limited maintenance plans states that if the area begins the maintenance period at or below 85 percent of exceedance levels, the air quality along with the continued applicability of PSD requirements, any control measures already inthe SIP, and federal measures should provide adequate-assurance of maintenance over the initial 10-year maintenance period. As discussed in the next section, the SO2

### design value for the 24-hour SO2

### NAAQS (0.14 parts per million (ppm)) has been 0.0 ppm for each of the five most recent years for which certified ambient air quality data is available for the Grant County maintenance area monitor. The maintenance demonstration is therefore satisfied. 3. MONITORING 

### NETWORK 

### An appropriate air quality monitoring network must be maintained by the state to verify compliance with the NAAQS for SO2

### once an area has been redesignated to attainment/maintenance. The monitoring network must be in accordance with 40 CFR Part 58. New Mexico currently operates one SO2

### monitor for the Grant County maintenance area in Hurley, NM (35-017-0003-42401-1). This monitor has been in operation since 1997. The state operated four (4) SO2 

### monitors for more than thirty years inthe area. Historical monitoring data for this area shows that there has not been a violation of the primary or secondary SO2

### NAAQS since 1975 (Sulfur Dioxide Redesignation Request and Maintenance Plan for the Grant County, New Mexico Nonattainment Area; 2003). Current monitoring data for Grant County (shown below in Table 3) shows zero concentrations of SO2

### in the Grant County maintenance area over the past four years.

### 6 Table 3: SO2

### Monitoring Data for Grant County Monitor 35-017-0003-42401-1
YEAR DESIGN VALUE (ppm)
2007 0.0 2008 0.0 2009 0.0 2010 0.0 2011 0.0
Due to the limited amount of SO2

### emissions and emission sources within the Grant County maintenance area, NMED is requesting that EPA grant New Mexico a waiver to discontinue SO2 

### monitoring within the maintenance area, and instead implement the alternative SO2

### monitoring methodology described in Section II.4. 4. ALTERNATIVE 

### SO2 

### MONITORING 

### METHODOLOGY 

### New Mexico will implement an alternative SO2

### monitoring methodology for the Grant County SO2 

### maintenance area which does not utilize a gaseous analyzer for determining compliance with the SO2 

### NAAQS. The Grant County SO2

### maintenance area has monitored negligible levels of SO2

### for the last five (5) years (see Table 3). For this reason, the use of an alternative methodology other than gaseous monitoring is appropriate to monitor maintenance of the SO2

### NAAQS for the maintenance area. Such a method would not compromise data collection for the NAAQS and will continue to meet the requirements of 40 CFR Part 58, Appendix D. The alternative SO2 

### monitoring method will consist of the use of PSD and Title V modeling and any required post-construction monitoring for new and modified air quality permits and an annual emission review of all major SO2 

### sources located in the Grant County SO2 

### maintenance area. These two methodologies will allow the State to determine if there is a potential violation of the SO2 

### NAAQS within the maintenance area. Contingency Plan If PSD or Title V modeling, PSD or Title V post-construction monitoring, or the annual emission review of major SO2

### sources within the Grant County maintenance area indicates there is a significant increase in SO2

### emissions that may cause a potential SO2

### NAAQS violation, NMED will reinstitute a gaseous SO2

### monitor at the 

### Hurley, NM monitoring location 

### (35-017-0003-42401-1) or at a site expected to read greater SO2

### levels than that site. If the monitored SO2

### values after one year are at or below 50% of the 24-hour or annual SO2 

### NAAQS, or both, the monitor may again be removed and the alternative SO2

### monitoring methodology reinstated. This process will be repeated each time PSD or Title V modeling, PSD or Title V post-construction monitoring, or the annual emission review of major SO2

### sources within the maintenance area indicates a potential SO2

### NAAQS violation.

### 7 5. VERIFICATION OF 

### CONTINUED 

### ATTAINMENT 

### To ensure that attainment will be continued in the future, the state must retain the legal authority to implement and enforce all air quality measures needed to attain and maintain the NAAQS for SO2

### . Current state regulations listed below verify that the State of New Mexico has the continued legal authority needed to implement and enforce air quality controls to maintain the NAAQS for SO2

### in Grant County in the future.
 20.2.3 NMAC – Ambient Air Quality Standards
 20.2.31 NMAC – Coal Burning Equipment – Sulfur Dioxide
 20.2.35 NMAC – Natural Gas Processing Plant – Sulfur
 20.2.36 NMAC – Petroleum Refinery – Sulfur
 20.2.39 NMAC – Sulfur Recovery Plant – Sulfur
 20.2.40 NMAC – Sulfuric Acid Production Units – Sulfur Dioxide, Acid Mist and Visible Emissions
 20.2.41 NMAC – Nonferrous Smelters – Sulfur
 20.2.70 NMAC – Operating Permits
 20.2.72 NMAC – Construction Permits
 20.2.74 NMAC – Permits – Prevention of Significant Deterioration (PSD)
 20.2.77 NMAC – New Source Performance Standards
 20.2.78 NMAC – Emission Standards for Hazardous Air Pollutants
 20.2.81 NMAC – Western Backstop Sulf ur Dioxide Trading Program
 20.2.82 NMAC – Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air Pollutants 6. CONTINGENCY 

### PLAN 

### As a requirement of CAA Section 175A, a contingency plan mustbe developed to correct any violations of the SO2 

### NAAQS in Grant County after the area has been redesignated. The plan must be an enforceable part of the SIP and must ensure that the appropriate measures will be adopted in the event that the SO2

### NAAQS is exceeded. There are currently no major SO2

### sources within the Grant County SO2

### maintenance area. In the event that an SO2

### source(s) should move into or withinclose proximity to the Grant County SO2 

### maintenance area, NMED will ensure that such source(s) will comply with all applicable state and federal SO2

### regulations and requirements. In addition, NMED will maintain a comprehensive compliance and enforcement program to identify sources of violation of the SO2 

### NAAQS within the maintenance area and to undertake aggressive follow up measures to ensure compliance with the SO2

### NAAQS. In conformance with CAA Section 175A(d), NMED will implement all measures with respect to the control of air pollutants which were contained in the SIP for the area before its designation as an attainment area, to the extent such measures are applicable to any sources which may exist at the time of any NAAQS exceedance.

### 8 

# III. Conclusion The NMED requests that EPA designate the Grant County maintenance area as a limited maintenance/attainment area. NMED also requests that EPA grant the state a waiver to shut down the current monitoring station (35-017-0003-42401-1) located in Hurley, NM and allow the State to implement the requested alternative SO2

### monitoring methodology. Due to the lack of major SO2 

### point sources within the Grant County maintenance area, the limited number of SO2

### point sources within the area surrounding the maintenance area, and the negligible concentrations of SO2

### as shown by monitoring, New Mexico does not deem it necessary to continue utilizing a gaseous SO2

### analyzer to verify continued maintenance of the 24-hour and annual SO2

### standards.

# /. 

# c·
. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Office of Air Quality Planning and Standards Research Triangle Park, North Carolina 27711 

# NOV 161994
MEMORANDUM SUBJECT:
FROM:
' TO: Limited Maintenance Plan Option for Nonclassifiable**O~,.e**

# 1**~o~at~reas·**

# S~~aver, Director Air Quality Strategies 

## & Standards.Division (MD-15) Director, Air, P.esticides and Toxics Management Division, Regions I and IV Director, Air and Waste Management Division, Region II Director, Air, Radiation and Toxics Division, Region III Director, Air and Radiation Division, Region V Director, Air, Pesticides and Toxics Division, Region VI Director,- Air and Toxics Division,· Regions VII, VIII, IX, and X
I. Purpose This memorandum sets forth new guidance on maintenance plan requirements for certain nonclassifiable ozone nonattainment areas seeking rede-signation to attainment.· In particular, nonclassifiable ozone areas whose design values are at or below 0.106 

### ppm (85 percent of exceedance levels of the ozone NAAQS) at the time of redesignation may choose to submit a less rigorous maintenance plan than was formerly required. This new option is being termed a limited maintenance plan. Nonclassifiable ozone areas with design values greater than 0.106 

### ppm will continue to be subject to full maintenance plan requirements described in the September 4, 1992 

### memorandum, "Procedures for Processing Requests to Redesignate Areas to At"tainment," from John Calcagni, former Director of the OAQPS Air Quality Management Division to the Regional Air Division Directors. There are three types of nonclassifiable ozone. areas: submarginal, transitional, and incomplete/no data. A description of these areas is included as Attachment A.2 

### ( II. Background Section 107(d) (3) (E) of the Act provides that a nonattainment area can be redesignated to attainment if the following criteria are met: ,i 

### 1. The ·EPA has-determfned that the ·NAAQS for the·applicable pollutant has been attained.



## ... 2. The applicable implementation plan has been fully adopted under section 110(k). 3. The EPA has determined that the improv.ement in air. quality is due to permanent and enforceable reductions in emissions. 4. The State- has met all app·licable requirements· for the area under section 110 and part D. 5. The EPA has fully approved a-maintenance plan, including a contingency plan, for the area under section 175A. Section 175A- of· the Act. provides the -genera·!· framework ·for

. maintenance

.plans. The maintenance plan must provide for

maintenc:mce of -th-e···NAAQS for- at-lea-st··lo-years after

-- · · ·· - -- redesignation,-1- -includ-ing· any additional control measures as -may --· be ·necessary ·to-.:.ensure- such maintenance. I·n addition, maintenance plans are to contain such contingency provisions as

. EPA deems necessary to· assure the prompt correction ·of a .
· violation of the NAAQS that occurs- after redesignation. The .contingency measures must include( at a minimum, a requirement that the-State.will implement all control measures contained in the nonattainment SIP prior to redesignation. Beyond these requirements, however, section 175A does not define the content of amaintenance plan. Thus, EPA has the authority to exercise reasonable discretion to determine those requirements. The EPA has previously issued guidance on meeting all five criteria for redesignation including maintenance plans (see Attachment B). The EPA now believes that it is justifiable and appropriate to apply a d_.ifferent set·of·maintenance plan requirements (described herein) to a limited category of ozone nonattainment areas--nonclassifiable areas whose monitored air quality is equal to or less than 85 percent of exceedance levels of the ozone NAAQS. The EPA does not believe that the full maintenance plan requirements need be applied to these areas because they have achieved air quality levels well below the
'section 175A also requires that 8 years after redesignation, the State must submit an additional plan to provide for maintenance for a second follow-on 10-year period.

## (:· 3 

### standard without the application of control measures required by the Act for classified ozone nonattainment areas. Also, these areas do not have either a recent history of monitored violation of the ozone NAAQS or a long prior history of monitored air quality problems. The EPA believes that the continued applicability of prevention of**signif~cant** 

### deterioration**(~SD)** 

### requirements, any control measures already in the SIP, and Federal measures (such as the Federal motor vehicle control program) should provide adequate 1 

### assurance of maintenance for these areas. III. Qualifying for the Limited Maintenance Plan Option

. . 

### To qualify for the limited maintenance plan option, the ozone design value for the**a~ea,** 

### based on the 3 years of data used to demonstrate attainment, must be at or below 0.106 ·ppm (85 percent of exceedance· levels· of**the-·ozone·NAAQS)-~-···** 

### - · -·- · - Additionally, the design value for the area must continue to be at or below 

## o.106 ppm unti-l the time. o.f. f.i-nal--EPA action. on- the

- redesignation. The method for calculating design values is presented in the June_ 18, 1990.memorandum,. "Ozone and.Carbon Monoxide Design Value Calculations," from William G. Laxton, former Director of the ·OAQPS Technical**Support-~** 

### Division- to Regional Air Directors. The memorandum .focuses--primarily on determining design values for nonattainment areas in order to classify the areas as. marginal, moderate, .serious, severe, or extreme. Therefore,

...the document discusses determining the design value for an area based on the monitors .which· are**~** 

### · · exceeding the standard.

_In the case of a nonattainment area seeking redesignation to attainment, all monitors must be meeting the standard. To assess whether a nonclassifiable area meets the applicability cutoff for the limited maintenance plan, a separate design value must be developed for every monitoring site. The highest of these design values is the design value for the whole area. If the area design value is at or below 0.106 ppm, the State may select the limited maintenance plan option for the first 10-year maintenance period. If the design value for the area exceeds 0.106 prior to final EPA action on the redesignation, the area no longer qualifies for the limited maintenance plan and must instead submit a full maintenance plan. The EPA will issue guidance in the future on the applicability of the limited maintenance plan option to the second follow-on 10- year maintenance period. IV. Limited Maintenance Plan Elements Following is a list of core provisions which should be included in a limited maintenance plan. Any final EPA determination regarding the adequacy of a limited maintenance plan will be made following review of the plan submittal in light of the particular circumstances facing the area proposed for redesignation and based on all relevant available information.4


### a. Attainment Inventory The State should develop an attainment emissions inventory to identify a level of emissions in the area which is sufficient to attain the NAAQS. This inventory should be consistent with EPA's most recent guidance2 

### on**emissio~s** 

### inventories for

_ nonattainment.areas avaiiable at the time and should represent emissions during the time period•associated with the monitoring data showing attainment. The inventory should be based on actual "typical summer day" emissions of voc·and NOx (ozone precursors). Emissions of CO are not necessary in the attainment inventory because they will not be tracked for maintenance purposes. b. Maintenance Demonstration The maintenance demonstration.requirement is considered to be -satisfied for--nonclassifiable ·areas--if -the ·monitoring data----------- show the area is meeting·the air quality criteria discussed

. above.. There is--no- requirement to- project- emissions over the ··-- ---- . ----- --

maintenance period. The EPA believes if the area begins the maintenance period. at. or below 

## .as. percent of

.. exceedance levels,.. the air quality along with the continued applicability of PSD requirements, ·any control measures·already in the SIP 1 

### and Federal measures, should provide adequate-assurance of maintenance over the initial 10-year·maintenance period. When EPA approves a limited maintenance.plan, EPA is concluding that· an. emissions budget :may -.be ·treated as essentially not constraining for the length of ·the maintenance period because it is unreasonable to expect that .·such -an area will experience so much growth in.that period that a violation of the ozone NAAQS would result.

c. Monitoring Network/Verification of Continued Attainment To verify the attainment status of the area over the maintenance period, the maintenance plan should contain provisions for continued operation of an appropriate, EPAapproved air quality monitoring network, in accordance with 40 CFR part 58. This is particularly· important for areas using a limited maintenance plan because there will be no cap on



# .. emissions.

2

### The EPA's current guidance on the preparation of emissions inventories for ozone areas is contained in the following documents: "Procedures for the Preparation of Emission Inventories for Carbon Monoxide and Precursors of Ozone: Volume I" (EPA-450/4-91-016) , "Emission Inventory Requirements for ozone State Implementation Plans" (EPA-450/4-91-010), and "Procedures for Emission Inventory Preparation: Volume IV, Mobile sources" (EPA-450/4-81-026d).

## ( 5 

### d. Contingency Plan Section 175A of the Act requires that a maintenance plan include contingency provisions, as necessary, to promptly correct any violation of the NAAQS that occurs after redesignation of the area. These contingency**~easures** 

### do**~t** 

### have to be fully adopted at the time of redesignation. However, the contingency plan is considered to be an enforceable part of the SIP and should ensure that the contingency measures**are~adopted** 

### expeditiously once they are triggered by a specified event. The contingency plan should identify the measures to be promptly adopted and provide a schedule and procedure for adoption and implementation of the measures. The State should also identify specific indicators_, or triggers, which will be used to determine when the contingency measures need to be**implement~d.** 

### While a violation of the NAAQS is an acceptable trigger, States may wish to choose a previolation action level as a trigger, such as an exceedance of the NAAQS. By taking early action, a state may be able to prevent any actual violation of .the NAAQS. and, there-fore,

. eliminate any need on the part of EPA to redesignate an area back to nonattainment. V. Conformity Determinations Under Limited Maintenance Plans The transportation conformity rule (58 FR 62188; November 24, 1993) and the general conformity rule (58 FR 63214; November 30, 1993) apply to nonattainment areas and maintenance areas operating under maintenance plans.

. Under either rule,· one means of demonstrating·conformity of Federal actions· is to -indicate that expected emissions from planned actions are

consistent with the emissions budget for the area. As discussed above in section IV(b), emissions budgets in limited maintenance plan areas may be treated as essentially not constraining for the length of the initial maintenance period because it is unreasonable to expect that such an area will experience so much growth in that period that a violation of the ozone NAAQS would result. In other words, EPA would be concluding that emissions need not be capped for the maintenance period. Therefore, in areas with approved limited maintenance plans, Federal actions requiring conformity determinations under the transportation conformity rule could be**con~idered** 

### to satisfy the 11 

### budget test 11 

### required in sections 93.118,.93.119, and 93.120 of the rule. Similarly, in these areas, Federal actions subject to the general conformity rule could be considered to satisfy the 11 

### budget test 11 

### specified in section 93.158(a) (5) (i) (A) of the rule. For further information regarding the limited maintenance plan option for nonclassifiable ozone areas, please contact Carla Oldham at (919) 541-3347. For information regarding transportation conformity requirements, please contact Kathryn Sargeant of the Office of Mobile Sources at (313) 668-4441. For6 

### (

..·· information regarding general conformity requirements, please contact Doug Grano at (919) 541-3292. Attachments



### ...

# (- ATTACHMENT A The EPA used 1987-89 as the primary data years in determining designations and classifications for ozone areas set forth in the November 6, 1991 final rule on Air Quality Designations and Classifications (56 FR 56694). Certain ozone nonattainment areas could not be classified as marginal or above under Table 1 of section 181(a) (1)**of~the** 

### Clean Air Act either because of· incomplete monitoring data·or because they were nonattainment**pre~enactment** 

### but did not violate the standard during 1987-89. These areas are•collectively called nonclassifiable areas. Nonclassifiable ozone areas consist of transitional, submarginal, and incomplete/no data areas. Transitional areas An area is considered**t~ansitional** 

### under section 185A if it was designated nonattainment both prior to enactment and at the time of enactment, -and did not-violate the primary NAAQS for ozone over the 3-year period from 1987-1989. Section 185A of the Act required EPA to make a determination, by June 30, 1992, whether the designated transitional areas had continued to meet the ozone NAAQS through December 31, 1991. · All 12 transitional areas were attaining the NAAQS through December 31, 1991 and none are known to have ·violated the standard since. In May·and June of 1992; Regional Administrators sent letters to Governors of States with

. transitional areas notifying them of EPA's determination.

submarginal areas Compliance with -the ozone NAAQS is determined on the basis of expected exceedances which include an adjustment for missing data. 1 

### The submarginal category includes areas that violated the ozone NAAQS during 1987-89 but had a design value for the period of less than .121 ppm (the lower limit for marginal areas) due to the adjustment for missing data when calculating expected exceedances. Presently, there are no submarginal areas. Incomplete/no data areas Certain ozone areas designated nonattainment prior to
· enactment and at enactment did not have sufficient air quality

monitoring data to determine whether they were or were not violating the NAAQS. These areas are termed incomplete/no data areas. These include areas which do not have monitors. Currently, there are 47 incomplete/no data areas.

1

### This adjustment procedure is described in 40 CFR part 50.9, appendix H.

# . ' 

### ATTACHMENT B 

# ·.
The EPA policies for implementing sections 107 and 175A of the Act for redesignations are contained in the following' memorandums. 1. "Procedures for _Processing Re,quests to Redesignate Areas to Attainment," John Calcagni, Director, Air Quality Management Division, September 4, 1992. 2. "State Implementation Plan (SIP) Requirements for Areas Submitting Requests for Redesignation to Attainment of the Ozone and Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on or after N·ovember·**~5,** 

### 1992,-" Michael Shapiro, ·:Acting Assistant Administrator for Air and Radiation, September 17, 1993. 3. "State Implementation Plan (SIP) Actions-Submitted in Response to Clean Air Act (CAA) Deadlines," John Calcagni, -Director, Air. Quality Management Division, October 28, 1992. 4. "Contingency Measur.es.for Ozone and.Carbon.Monoxide (CO) Redesignations," G.T. Helms, Chief, ozone/Carbon Monoxide Programs Branch, June 1, 1992. 5. "General Preamble· for the Implementation of Title I of the Clean Air Act Amendments of 1990 11 

### (57 FR 13498; April·l6, 1992) •

## State of New Mexico 

## ENVIRONMENTDEPARTMENT Air Quality Bureau

BILL RICHARDSON

Governor 

### 2048 

### Galisteo St. Santa Fe, NM 87505 

### Phone (505) 827-1494



### Fax (505) 827-1523 

### www.nmenv.state.nm. us

Certified Mail No: 7004 0750 0001 3312 7028 Return Receipt Requested
OPERATING PERMIT NO: P066R1 Tempo/IDEA ID No.: 526-PRT20040001 AIRS 

### No. 35-017-00001 

### FACILITY NAME: Chino Mine- Hurley Facility
PERMITTEE: Chino Mines Company POBox 7 Hurley, NM 88043
RESPONSIBLE COMPANY OFFICIAL: David F. Rhoades
Air 

### Permit Contact: Timothy E. Eastep
ISSUED BY: New Mexico Environment Department 

# MAY 2 3 

# 2007 MaryUhl Bureau Chief Date ofIssuance Air Quality Bureau
INTRODUCTION RON CURRY Secretary
CINDY PADILLA Deputy Secretary



### Operating Permit Number P066Rl is issued by the Air Quality Bureau of the New Mexico Environment Department ("Department") to Chino Mines Company pursuant to the federal Clean Air Act ("federal Act"), the New Mexico Air Quality Control Act ("state Act") and regulations adopted pursuant to the state and federal Acts, including Title 20, New Mexico Administrative Code, Chapter 2, Part 70 (20.2.70 NMAC)

- Operating Permits. This permit authorizes the operation of this facility located at UTM Zone 12, UTMH 772.0 km 

### UTMV 3620.0 km, 

### near Hurley, New Mexico in Grant County.
This permit is valid only for the named permittee, owner, and operator. A permit modification isBILL RICHARDSON Governor 

## State of New Mexico 

## ENVIRONMENT DEPARTMENT Air Quality Bureau

2048 Galisteo St. Santa Fe, NM 87505 Phone (505) 827-1494

Fax (505) 827-1523 www.nmenv.state.nm.us RON CURRY Secretary
CINDY PADILLA Deputy Secretary



### Certified Mail No: 7004 0750 0001 3312 7028 Return Receipt Requested OPERATING PERMIT NO: P066R1 Tempo/IDEA ID No.: 526–PRT20040001 AIRS No. 35-017-00001 FACILITY NAME: Chino Mine – Hurley Facility PERMITTEE: Chino Mines Company PO Box 7 Hurley, NM 88043 RESPONSIBLE COMPANY OFFICIAL:David F. Rhoades Air Permit Contact: Timothy E. Eastep ISSUED BY:New Mexico Environment Department

Mary Uhl Date of Issuance Bureau Chief Air Quality Bureau INTRODUCTION Operating Permit Number P066R1is issued by the Air Quality Bureau of the New Mexico Environment Department ("Department") to Chino Mines Company pursuant to the federal Clean Air Act ("federal Act"), the New Mexico Air Quality Control Act ("state Act") and regulations adopted pursuant to the state and federal Acts, including Title 20, New Mexico Administrative Code, Chapter 2, Part 70 (20.2.70 NMAC) - Operating Permits. This permit authorizes the operation of this facility located at UTM Zone 12, UTMH 772.0 km UTMV 3620.0 km, near Hurley, New Mexico in Grant County. This permit is valid only for the named permittee, owner, and operator. A permit modification is

### Permit No: P066R1 Page: 2 of 23
required to change any of those entities. This facility is a support facility for mining operations. The major processes associated with the facility are power generation, copper ore mining, copper ore concentration, and concentrated ore storage and transportation via conveyors and rail. This renewal consists of removal of all equipment associated with the former Hurley smelter, combining the remaining Hurley Facility operations (power plant and filter plant, NSR 0376M5R4, R3, R2, R1, M4, M3, M2) and the Ivanhoe Concentrator (NSR 0298M3 & M4R1, M4R2) into this permit. The term of this permit is five (5) years. It will expire five years from the date of issuance, pursuant to 20.2.70.302.B NMAC. Application for renewal of thispermit is due twelve (12) months prior to the date of expiration, pursuant to 20.2.70.300.B.2 NMAC. Pursuant to 20.2.70.302.A.1 NMAC, the Department specifies with this permit, terms and conditions upon the operation of this facility to assure compliance with all applicable requirements, as defined in 20.2.70 NMAC at the time this permit is issued. Pursuant to the New Mexico Air Quality Control Act NMSA 1978, Chapter 74, Article 2, all terms and conditions in this permit, including any provisions designed to limit this facility's potential to emit, are enforceable by the Department. Pursuant to 20.2.70.302.A.5 NMAC, all terms and conditions are enforceable by the Administrator of the United States Environmental Protection Agency ("EPA") and citizens under the federal Act,unless the term or condition is specifically designated in this permit as not being enforceable under the federal Act. PERMIT SHIELD Pursuant to 20.2.70.302.J NMAC, compliance with the conditions of this permit shall be deemed to be compliance with any applicable requirements existing as of the date of permit issuance and identified in Table A.1 of Appendix A. The requirements in Table A.1 are applicable to this facility with specific requirements identified for individual emission units. The Department has determined that the requirements in Table A.2 of Appendix A as identified in the permit application are not applicable to this source, or they do not impose any conditions in this permit. This permit shield does not extend to administrative amendments, to minor permit modifications, to changes made under Section 502(b)(10) of the federal Act, or to permit terms for which notice has been given to reopen or revoke all or part.

### Permit No: P066R1 Page: 3 of 23

TOTAL POTENTIAL EMISSIONS The total potential emissions from this facility, excluding insignificant or trivial activities, are shown in the following table. Emission limitations for individual units are shown in section 3.2. Table 1, Total Potential Criteria Pollutant Emissions from Entire Facility (for information only, not an enforceable condition):

Pollutant Emissions (tons per year) Nitrogen Oxides (NOx) 185.5 Carbon Monoxide (CO) 93.3 Volatile Organic Compounds (VOC) 15.1 Sulfur Dioxide (SO2

### ) 1.9 Particulate Matter (total suspended) 62.0 Particulate Matter (10 microns or less) 48.5 Table 2, Total Potential HAPS that exceed 0.5 ton per year (for information only, not an enforceable condition):

Pollutant Emissions(tons per year) None greater than 0.5 tpy

PERMIT TERMS AND CONDITIONS 1.0 GENERAL CONDITIONS 1.1 The following permit terms and conditions are placed upon the permittee in accordance with 20.2.70.301.B NMAC and 20.2.70.302.A.2 NMAC. 1.1.1 The permittee shall abide by all terms and conditions of this permit, except as allowed under Section 502(b)(10) of the federal Act, a nd 20.2.70.302.H.1 NMAC. Any permit noncompliance is grounds for enforcement action, and significant or repetitious noncompliance may result in termination of this permit. Additionally, noncompliance with federally enforceable conditions of this permit constitutes a violation of the federal Act. 1.1.2 It shall not be a defense for the permittee in an enforcement action to claim that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 1.1.3 If the Department determines that cause exists to modify, reopen and revise, revoke and reissue, or terminate this permit, this shall be done in accordance with 20.2.70.405 NMAC.

### Permit No: P066R1 Page: 4 of 23

1.1.4 The permittee shall furnish any information the Department requests in writing to determine if cause exists for reopening and revising, revoking and reissuing, or terminating the permit, or to determine compliance with the permit. This information shall be furnished within the time period specified by the Department. Additionally, the permittee shall furnish, upon request by the Department, copies of records required by the permit to be maintained by the permittee. 1.1.5 A request by the permittee that this permit bemodified, revoked and reissued, or terminated, or a notification by the permittee of planned changes or anticipated noncompliance, shall not stay any conditions of this permit. 1.1.6 This permit does not convey property rights of any sort, or any exclusive privilege. 1.1.7 In the case where an applicant or permittee has submitted information to the Department under a claim of confidentiality, the Department may alsorequire the applicant or permittee to submit a copy of such information directly to the Administrator of the EPA. 1.2 The issuance of this permit, or the filing or approval of a compliance plan, does not relieve the permittee from civil or criminal liability for failure to comply with the state or federal Acts, or any applicable state or federal regulation or law. This condition is pursuant to 20.2.70.302.A.6 NMAC and the New Mexico Air Quality Control Act NMSA 1978, Chapter 74, Article 2. 1.3 If any part of this permit is challenged or held invalid, the remainder of the permit terms and conditions are not affected and the permittee shall continue to abide by them. This condition is pursuant to 20.2.70.302.A.1.d NMAC. 1.4 The permittee shall pay fees to the Department consistent with the fee schedule in 20.2.71 NMAC - Operating Permit Emission Fees. The fees will be assessed and invoiced separately from this permit. This condition is pursuant to 20.2.70.302.A.1.e NMAC. 1.5 A responsible official (as defined in 20.2.70 NMAC) shall certify the accuracy, truth and completeness of every report and compliance certification submitted to the Department as required by this permit. These certifications shall be part of each document. Thiscondition is pursuant to 20.2.70.300.E NMAC. 1.6 Revocation or termination of this permit by the Department terminates the permittee's right to operate this facility. This condition is pursuant to 20.2.70.201.B NMAC. 1.7 The permittee shall submit an emissions inventory for this facility annually. The emissions inventory shall be submitted by the later of April 1 or within 90 days after the Department makes such request. This condition is pursuant to 20.2.73 NMAC and 20.2.70.302.A.1 NMAC. 1.8 The source will continue to comply with all applicable requirements. For applicable

### Permit No: P066R1 Page: 5 of 23
requirements that will become effective during the term of the permit, the source will meet such requirements on a timely basis. This condition is pursuant to sections 300.D.11.c and 302.G.3 of 20.2.70 NMAC. 1.9 Compliance with this operating permit is sufficient to comply with all NSR permits listed in Table A.1. This condition is pursuant to 20.2.70.302.A.1 NMAC.

2.0 FACILITY INFORMATION The following conditions are placed upon the permittee pursuant to 20.2.70.302.A.7 NMAC and NSR Permits 0376M5R4, R3, R2, R1, M4, M3, and M2; 0298M3, M4R1, and M4R2. 2.1 All of the process equipment authorized for this facility is listed in the table(s) shown below (emission units that were identified as insignificant or trivial, and equipment not regulated pursuant to the Act are not included): Table 2.1, Power Plant and Filter Plant:

Emission Unit No. Equipment Type Equipment Manufacturer & Model Serial Number F-1-1-4.1 Conveyor N/A N/A F-1-1-4.2 Conveyor N/A N/A F-1-1-4.3 Conveyor N/A N/A F-1-1-4.4 Conveyor N/A N/A F-1-1-4.5 Conveyor N/A N/A

F-1-3-2 Loading/Unloading Rack N/A N/A F-2-1-1.4 455 MMBtu/hr, 37.5MW, Gas Turbine Westinghouse, Model W251 B12 TBD

F-2-1-1.5 Heat Recovery Steam Generator w/ 48.8 MMBtu/hr Gas-Fired Duct Burner Nooter/Ericksen, Model TBD TBDMisc Fugitivesall areas Fugitives N/A N/A 

### N/A means Not Applicable; TBD means To Be Determined. Table 2.1.1, Regulated Equipment for the Ivanhoe Concentrator Unit # Description Capacity Construction date IC-01 Molybdenum heater treater (electric heat, w/ wet scrubber) N/A Prior to 1994 CV-01A Coarse ore stockpile conveyer, flight #1 3750 TPH Prior to 1994 CV-01B Coarse ore stockpile conveyer, flight #2 3750 TPH Prior to 1994

### Permit No: P066R1 Page: 6 of 23

Unit # Description Capacity Construction date PC-01 Primary Crusher 3360 TPH Prior to 1994 CTS-01 Conveyer Transfer System and associated controls (enclosed) 3360 TPH Prior to 1994 CV-01C Coarse Ore Conveyer Transfer 3360 TPH Prior to 1994 SAG-F1 SAG Mill Feeders 3300 TPH Prior to 1994 LUS-01 Lime Unloading System and associated controls (wet scrubber) 45.4 TPH Prior to 1994
LHS-01 Lime Handling System and associated controls (wet scrubber) 45.4 TPH Prior to 1994 PCB H-01 Primary crusher baghouse NA Prior to 1994


### 2.2 All the pollution control equipment required for this facility is listed in the table shown below. Each emission point is identified by the same number that was assigned to it in the permit application: Table 2.2, Emission Control Equipment:

Control Unit No. Control Equipment Type Control Equipment Mfg & model (or equivalent) Control For Unit(s) N/A Filter Plant - Conveyor Belts Covered Belts with High moisture Concentrate F-1-1-4.1 thru F-1-1-4.5 PCB H-01 Concentrator - Primary Crusher Baghouse Ecolaire #625-4 PC-01
N/A Concentrator - Moly Heat Treater Wet Scrubber Ducon, Model TBD Moly Heat Treater
LUS-01 Concentrator - Lime Unloading System Wet Scrubber Emtrol, Model TBD LUS-01

LHS-01 Concentrator - Lime Handling System Wet Scrubber Emtrol, Model TBD LHS-01


### This control equipment is located within the facility at the following places and serves the following functions: particulate emissions are controlled through out the entire operation by covered conveyor belts.
3.0 REQUIREMENTS FOR INDIVIDUAL EMISSIONS UNITS Information regarding applicable requirements, emission limits, operational limitations and requirements, work practices, and monitoring, testing and recordkeeping requirements is provided below for each emissions unit or set of similar units.

### Permit No: P066R1 Page: 7 of 23

3.1 Applicable Requirements All applicable requirements for this facility are listed in Appendix A, Table A.1. This condition is pursuant to 20.2.70.302.A.1 NMAC. 3.2 Emissions Limits Table 3.2 lists the emission units, and their allowable emission limits. This condition is pursuant to 40CFR50, Paragraphs 1, 7 and 8 of 20.2.70.302.A NMAC and NSR Permits 0376M2, M4 and 0298M3. Table 3.2: Maximum Allowable Non-FugitiveEmission Rates in lb/hr and ton/y* Emission Unit No. NOx lb/hr NOx tons/y CO lb/hr CO tons/y VOC lb/hr VOC tons/y TSP lb/hr TSP tons/y PM10 lb/hr PM10 tons/y SO lb/hr SO2 tons/y F-2-1-1.4 39.9 175 20.0 87.4 2.8 12.4 2.3 10.0 2.3 10.0 0.4 1.8 F-2-1-1.5 42.3 185.5 21.3 93.3 3.4 15.1 2.6 11.3 2.6 11.3 0.43 1.92

IC-01 1.1 4.3 1.1 4.3 PCB H-01 2.2 9.6 1.0 4.5

CTS-01 0.7 0.2 0.3 0.1 SAG F1 0.7 0.2 0.3 0.1 LUS-01 .032 .014 .032 .014 LSH-01 .001 .0001 .001 .0001

Total Allowables** 185.5 93.3 15.1 25.6 20.3 1.9 

### * Pounds per hour/tons per year ** Total Allowables are for information, not enforceable conditions, and used to determine annual Operating Fees.*** Emission Limits for F-2-1-1.5 represent the combined total emissions of units F-2-1-1.4 and F2-1-1.5. Table 3.2.1 Performance Standards for Ivanhoe Concentrator Equipment Unit Grain Loading Opacity Molybdenum heater treater (electric heat, w/ wet scrubber) 0.022 g/dscf NA PCB H-01 (Primary crusher baghouse) 0.022 g/dscf 7% (CTS-01) Conveyer Transfer systems NA/NA 10% SAG-F1 Mill Feeders NA/NA 10% 

### 3.2.1 Nitrogen Dioxide Emissions for Turbines: To comply with NSPS Subpart GG, the exhaust

### Permit No: P066R1 Page: 8 of 23
gases to the atmosphere from the turbine shall not contain nitrogen oxides (NOx) in excess of 184 parts per million by volume at 15 percent oxygen on a dry basis. Nitrogen oxide emissions include all oxides of nitrogen expressed as NO2

### . This condition was brought forward from NSR Permit 376M4, Condition 2.g. 3.2.2 Sulfur Dioxide Emissions for Turbines: To comply with NSPS Subpart GG, the exhaust gases to the atmosphere from the turbine shall not contain sulfur dioxide in excess of 0.015 percent by volume at 15 percent oxygen and on a dry basis, or the fuel burned in the turbine shall not contain sulfur in excess of 0.8 percent by weight. This condition was brought forward from NSR Permit 376M4, Condition 2.h. 3.3 Operational Requirements This condition is pursuant to Paragraphs 1, 7 and 8 of 20.2.70.302.A NMAC. 3.3.1 At the Ivanhoe Concentrator, the production rate of the concentrating circuit shall not exceed an annual average of 60,000 tons per day. The maximum single hourly production rate through the concentrator circuit shall not exceed 3,300 tons per hour. The maximum daily throughput for the crusher system shall not exceed 80,640 tons per day. This condition was brought forward from NSR 0298M3, Condition 1.c. 3.3.2 The Ivanhoe Concentrator operation is authorized to operate 24 hours per day, 7 days per week, and 52 weeks per year for a total of 8,760 hours per year. This condition was brought forward from NSR 0298M3, Condition 1.d. 3.4 Emissions Monitoring and Testing Requirements The conditions of Section 3.4 are pursuant to 20.2.70.302.C NMAC and NSR Permits 0376M4 and 0298M3. 3.4.1 General Monitoring Requirements 3.4.1.1 The following monitoring and/or testing requirements shall be used to determine compliance with applicable requirements and emission limits. Any sampling, whether by portable analyzer or EPA reference method, that measures an emission rate over the applicable averaging period greater than an emission limit in this permit constitutes noncompliance with this permit. The Department may require, at its discretion, additional tests pursuant to EPA Reference Methods at any time, including whensampling by portable analyzer measures an emission rate greater than an emission limit in this permit; but such requirement shall not be construed as a determination that the sampling by portable analyzer does not establish noncompliance with this permit and shall not stay enforcement of such noncompliance based on the sampling by portable analyzer. 3.4.1.2 If the emission unit is shutdown at the time when periodic monitoring is due to be accomplished, the permittee is not required to restart the unit for the sole purpose of performing

### Permit No: P066R1 Page: 9 of 23
the monitoring. Using electronic or written mail, the permittee shall notify the Department’s Enforcement Section of a delay in emission tests prior to the deadline for accomplishing the tests. Upon recommencing operation, the permittee shall submit any pertinent pre-test notification requirements set forth in the current version of the Department’s Standard Operating Procedures For Use Of Portable Analyzers in Performance Test, and shall accomplish the monitoring. 3.4.1.3 The requirement for monitoring during any monitoring period is based on the percentage of time that the unit has operated as follows: 3.4.1.3.1 If the emission unit has operated for morethan 25% of a monitoring period, then the permittee shall conduct monitoring during that period. 3.4.1.3.2 If the emission unit has operated for 25% or less of a monitoring period then the monitoring is not required. After two successive periods without monitoring, the permittee shall conduct monitoring during the next period regardless of the time operated during that period, except that for any monitoring period in which a unit has operated for less than 10% of the monitoring period, the period will not be considered as one of the two successive periods. 3.4.1.3.3 A minimum of one of each type of monitoring activity shall be conducted during the five-year term of this permit. 3.4.1.4 The permittee is not required to report a deviation for any monitoring or testing in section 3.4.2 if the deviation was authorized inthe General Monitoring Requirements section 3.4.1. 3.4.1.5 For all periodic monitoring events, except when a federal or state regulation is more stringent, three test runs shall be conducted at 90% or greater of the full normal load as stated in this permit, or in the permit application if not in the permit, and at additional loads when requested by the Department. If the 90% load cannot be achieved, the monitoring will be conducted at the maximum achievable load under prevailing operating conditions except when a federal or state regulation requires more restrictive test conditions. The load and the parameters used to calculate it shall be recorded to document operating conditions and shall be included with the monitoring report that is required to be furnished to the Department. 3.4.1.6 When requested by the Department, the permittee shall provide schedules of testing andmonitoring activities. Compliance tests from previous NSR and Title V permits may be reimposed if it is deemed necessary by the Department to determine whether the source is in compliance with applicable regulations or permit conditions. 3.4.1.7 Monitoring shall become effective 120 daysafter the date of permit issuance if the monitoring is new or in addition to monitoring imposed by an existing applicable requirement. Any pre-existing monitoring requirements incorporated in this permit shall continue to be in

### Permit No: P066R1 Page: 10 of 23
force from the date of permit issuance. 3.4.1.8 Startup, Shutdown and Malfunction Conditions: For operations and equipment subject to 40CFR60, excess emissions, or operations under startup, shutdown, or malfunction shall be addressed in accordance with the requirements of 40CFR60.7(c) or 40CFR60.8(c), as appropriate. This condition is pursuant to 20.2.70.302.A.1 NMAC. 3.4.2 Unit Specific Monitoring Requirements: The following table lists emission units and their required monitoring. Descriptions of required monitoring follow the table. Table 3.4.2, Required Monitoring Emission unit Nos. Parameters To Monitor To Comply With Monitoring Required Monitoring ConditionsF-2-1-1.4 and F2-1-1.5 Visible emissions 20.2.61 NMAC Opacity 3.4.2.1 Monitoring for Turbines

F-2-1-1.4 Maintenance and Repair Activities Emission Limits specified in Table 3.2 Maintenance and Repair 3.4.2.2

F-2-1-1.4 NOx, and SO2 

### 40 CFR 60.330, Subpart GG and general provisions in Subpart A Specific requirements of 40 CFR 60.330, Subpart GG and general provisions in Subpart A 3.4.2.3

F-2-1-1.4 Fuel Sulfur concentration 40CFR60 Subpart GG, and NSR 376M4, Condition 3.d. Custom Fuel Monitoring Schedule Attachment A to NSR Permit 376M4 or Fuel Monitoring per 40 CFR 60, Subpart GG 3.4.2.4

F-2-1-1.5 Fuel Usage NSR 376M4, Condition 3.e. Meter fuel usage and record daily. 3.4.2.5 Monitoring for Ivanhoe Concentrator IC-01, CV-01A, CV-01B, PC-01, CTS-01, CV-01C, SAG-F1, LUS-01, LHS-01, & PCB H-01 

### TSP and PM 10 

### 40CFR60 Subpart LL, and NSR 298M3, Condition 2.b. Pressure drop across wet scrubbers; liquid flow rate for wet scrubbers 3.4.2.6



### Note: The numbering of conditions in this table are in the same sequence for the next three major Sections of the permit: Monitoring, Recordkeeping, and Reporting. 3.4.2.1 Opacity Monitoring (For Units F-2-1-1.4 and F-2-1-1.5): Use of pipeline quality natural

### Permit No: P066R1 Page: 11 of 23
gas fuel or natural gas liquids constitutes compliance with 20.2.61 NMAC unless opacity exceeds 20%. At such time as fuel other than pipeline quality natural gas or natural gas liquids is used, opacity shall be measured in accordance with the procedures at 40CFR60, Appendix A, Method 9. Opacity measurements shall continue on a quarterly basis per calendar year for each effected unit until such time as pipeline quality natural gas or natural gas liquids are used. 3.4.2.1.1 Pipeline quality natural gas is defined asa naturally occurring fluid mixture of hydrocarbons that contains 20.0 grains or less of total sulfur per 100 standard cubic feet (scf) and is either composed of at least 70% methane by volume or has a gross calorific value between 950 and 1100 Btu per standard cubic foot. 3.4.2.1.2 For the purposes of Condition 3.4.2.1 of this permit, “natural gas liquids” means those substances meeting the definition in 40 CFR 60.631. 3.4.2.2 Maintenance and Repair Monitoring (For Turbine, Unit F-2-1-1.4): Maintenance and repair shall meet the minimum manufacturer's or permittee's recommended maintenance schedule. Maintenance and repair activities that involve adjustment, replacement, or repair of functional components with the potential to affect operation of an emission unit shall be documented as they occur for the following events. a) Routine Maintenance that takes a unit out of service for more than two hours during any twenty-four hour period. b) Unscheduled repairs that require a unit to be taken out of service for more than two hours in any twenty-four hour period. 3.4.2.3 Monitoring Requirements (For Turbine, Unit F-2-1-1.4): This condition was brought forward from NSR Permit 0376M4, Condition 3.a, 3.b, and 3.c. a) A continuous emissions monitoring system (CEMS) shall be installed and operated to measure the oxides of nitrogen (NOX

### ) and oxygen (O2

### ) concentrations (ppmv) in the exhaust gas of the turbine (Unit F-2-1-1.4) and HRSG (Unit F-2-1-1.5). Monitoring for the turbine and HRSG shall meet the requirements of 40 CFR, Part 60, Section 60.13 – Monitoring requirements

. The CEMS shall obtain a reading of the NOx and O2

### concentrations at least once every fifteen (15) minutes. A flow measurement device shall be installed to accurately measure the exhaust flow rates at various load rates during performance testing. This shall be achieved by:

### Permit No: P066R1 Page: 12 of 23

• a pitot tube, or
• multiple pitot tubes, as necessary, or
• EPA Reference Method 19 to determine exhaust flow, or
• an equivalent flow measurement device The output of the CEMS shall be (1) in ppmv of NOx and %O2 

### at actual stack conditions and (2) in pounds per hour (pph) of NOx. The CEMS shall be installed, certified and tested in accordance with NSR Permit 376M4, Condition 6. Certification for the NOx monitor shall be done according to 40 CFR 60, Appendix B, Performance Specification 2 and for the O2

### monitor according to 40 CFR 60, Appendix B, Performance Specification 3. b) All required continuous emissions monitoring equipment shall have a minimum data capture rate of ninety percent (90%) per calendar month. The data capture rate is defined as the amount of time the equipment generates the required data divided by the time the unit is in operation. The 10% non-capture residual is intended for periods of malfunction, calibration, or adjustment. c) In the event that the 90% data capture rate cannot be met due to analyzer malfunction, an emission factor derived from the initial compliance test, along with fuel flow data, may be used to measure NOx emissions from the turbine and HSRG upon approval from the Department. 3.4.2.4 To comply with the fuel monitoring requirements of NSPS Subpart GG, the permittee may use the custom fuel monitoring schedule contained in Attachment A. However, if the conditions of the custom schedule cannot be met, the permittee shall revert to the fuel monitoring requirements of NSPS Subpart GG, 60.334(h). This condition was brought forward from NSR Permit 0376M4, Condition 3.d. Monitoring of fuel nitrogen content shall not berequired while natural gas is the only fuel fired in the gas turbines as per USEPA document EMTIC GD-009 (March 12, 1990). The permittee shall comply with all applicable NSPS monitoring, record keeping, and reporting requirements as specified in 40 CFR 60.334 - Monitoring of operations

. 3.4.2.5 Fuel usage by the HRSG (Unit F-2-1-1.5) duct burner shall be monitored with a fuel meter and recorded daily. This condition was brought forward from NSR Permit 0376M4, Condition 3.e. 3.4.2.5.1 Measurements from the NOx CEM, initial compliance test results, and fuel usage shall be used to tabulate a monthly emission rate to establish a twelve (12) month rolling average for the NOx emissions limitation for the turbine and HRSG (Unit F-2-1-1.5) in Condition 3.2,

### Permit No: P066R1 Page: 13 of 23

Emission Limits. This condition was brought forward from NSR Permit 0376M4, Condition 3.k. 3.4.2.6 Monitoring for 40CFR60, Subpart LL Compliance (Ivanhoe Facility): Any facility regulated by this permit, using a wet scrubber, shall be equipped with pressure gauges to measure pressure drop across the control device. Wet scrubbing systems shall be equipped with a continuous monitoring device to measure the scrubbing liquid flow rate. Pressure gauges and monitoring devices shall be installed, calibrated, maintained, and operated in accordance with the manufacturer specifications. Compliance with this will be based on Department inspections of the facility to verify that instruments have been installed and of the records as set forth in 40CFR60, Subpart LL. This condition was brought forward from NSR 0298M3, Condition 2.b.

4.0 RECORDKEEPING Conditions of 4.0 are pursuant to 20.2.70.302.D NMAC. 4.1 General Recordkeeping Requirements: Conditions of 4.1 are pursuant to 20.2.70.302.D.1 NMAC. 4.1.1 All sampling and measured data required by this permit for the emissions units in this facility shall be recorded. The minimum information to be included in these records is: 4.1.1.1 equipment identification (include make, model and serial number for all tested equipment and emission controls), 4.1.1.2 date, and time of sampling or measurements, 4.1.1.3 date analyses were performed, 4.1.1.4 the company or entity that performed the analyses, 4.1.1.5 analytical or test methods used, 4.1.1.6 results of analyses or tests, 4.1.1.7 operating conditions existing at the time of sampling or measurement. 4.1.2 The permittee shall keep copies of all monitoring and measurement data, equipment calibration and maintenance records, Data Acquisition and Handling System (DAHS) if used, other supporting information, and reports required by this permit for at least five (5) years from the time the data was gathered or the reports written. Each record shall show clearly to which emissions unit and/or piece of monitoring equipment it applies, and the date the data was gathered. This condition is pursuant to 20.2.70.302.D.2 NMAC. 4.1.3 The permittee shall keep a record describing off permit changes made at this source that result in emissions of a regulated air pollutant subject to an applicable requirement, but not otherwise regulated under this permit, and the emissions resulting from those changes. This condition is pursuant to 20.2.70.302.I.2 NMAC. 4.2 Unit Specific Recordkeeping Requirements:

### Permit No: P066R1 Page: 14 of 23
Conditions are pursuant to Subsection C and Paragraph D(1) of 20.2.70.302 NMAC. 4.2.1 Opacity Recordkeeping (For Units F-2-1- 1.4 and F-2-1-1.5): The permittee shall record dates and duration of use of any fuels other than pipeline quality natural gas or natural gas liquids and the corresponding opacity measurements. 4.2.2 Maintenance and Repair Activities Recordkeeping (For Turbine, Unit F-2-1-1.4): Records of maintenance and repair activities shall be maintained. Records of maintenance and repair activities shall include identification of emission units and the work involved. 4.2.3 40CFR60.334, Subpart GG Recordkeeping (ForTurbine, Unit F-2-1-1.4): Turbines subject to NSPS Subpart GG shall comply withthe recordkeeping requirements of 40 CFR 60.334 and 40 CFR 60.7 4.2.4 Records of the fuel usage and hours of operation of the Westinghouse turbine (Unit F-2-1- 1.4). This condition was brought forward from NSR Permit 0376M4, Condition 4.f. 4.2.5 Records of the fuel usage and hours of operation of the Nooter/Ericksen Heat Recovery Steam Generator duct burner, monitored and recorded daily. This condition was brought forward from NSR Permit 0376M4, Condition 4.g. 4.2.6 Recordkeeping for 40CFR60, Subpart LL Compliance (Ivanhoe Facility): The permittee shall comply with the notification and recordkeeping requirements as set forth in 40CFR60, Subpart LL shown here: a) The Owner/Operator shall submit a written report of the results of the performance tests as specified in 40 CFR §60.8(a). b) The Owner/Operator shall record the measurements of change in pressure of the gas stream across the scrubber and scrubbing fluid flow rate weekly. c) The Owner/Operator shall submit semiannual reports of occurrences when the measurements of the scrubber pressure loss (or gain) or liquid flow rate differ by more than ±30 % from the average obtained from the most recent performance test. These reports shall be postmarked within 30 days following the end of June and December.

5.0 REPORTING Conditions of 5.0 are pursuant to 20.2.70.302.E NMAC. 5.1 General Reporting Requirements: 5.1.1 Reports shall clearly identify the subject equipment showing the emission unit ID number according to the operating permit. In addition, all instances of deviations from permit requirements, including those that occur during emergencies, shall be clearly identified in the

### Permit No: P066R1 Page: 15 of 23
required reports. Reports of all required monitoring activities for this facility shall be submitted to the Department on the following schedule. This condition is pursuant to 20.2.70.302.E.1 NMAC. Table 5.1.1, Schedule of MonitoringActivity Report Submittal:

Report for Emissions Unit Nos. Submittal Date F-2-1-1.4 and F-2-1-1.5, and Ivanhoe units identified in Table 2.1.1 Within 45 days following the end of every 6-month period following the issuance date of permit P066, July 25, 2000.
5.1.2 The permittee shall submit reports of all deviations (including emergencies) from permit requirements to the Department. The permittee shall communicate initial notice of the deviation to the Department within twenty-four (24) hours of the start of the first business day following the discovery of the occurrence via telephone or f acsimile. Within ten (10) calendar days of the start of the first business day following the discovery of the occurrence, written notice shall be submitted to the Department using the Department’s Excess Emissions Form currently in use at time of discovery. This condition is pursuant to 20.2.70.302.E.2 NMAC. 5.1.3 At such time as new units are installed as authorized by NSR permit 0376M4, 0298M3, 0298M4R1, the permittee shall fulfill the notification requirements of condition 1 (Reporting) of the General Conditions in the NSR permit. 5.2 Unit Specific Monitoring Reports: Conditions of 5.2 are pursuant to 20.2.70.302.E NMAC. 5.2.1 Opacity Reporting (For Units F-2-1-1.4 and F-2-1-1.5): The permittee shall report dates and duration of use of any fuels other than pipeline quality natural gas or natural gas liquids and the corresponding opacity measurements. 5.2.2 Maintenance and Repair Reporting (For Turbine, Unit F-2-1-1.4): These reports shall include a summary of the activities in section 4.2.2. 5.2.3 40CFR60.334, Subpart GG Reporting (For Turbine, Unit F-2-1-1.4):Turbines subject to NSPS Subpart GG (40 CFR 60.330) shall comply with the reporting requirements of 40 CFR 60.7. 5.2.4 and 5.2.5 Fuel Usage Reporting ( For Turbine, Units F-2-1-1.4 and F-2-1-1.5): The permittee shall report the semi-annual results of hours of operation, and estimated emission rate based on fuel usage and compliance test resultsof the turbine (Unit F-2-1-1.4) and HSRG’s (Unit F-2-1-1.5) twelve (12) month rolling average NOx emission limit. This condition was brought forward from NSR Permit 0376M4, Condition 5.l, and revised.

### Permit No: P066R1 Page: 16 of 23

5.2.6 Reporting for 40CFR60, Subpart LL Compliance (Ivanhoe Facility): The permittee shall submit reports as required by 40CFR60, Subpart A and/or Subpart LL. This condition was brought forward from NSR 0298M3, Condition 9.

6.0 COMPLIANCE 6.1 The conditions of Section 6.1 are pursuant to 20.2.70.302.E.3 NMAC. The permittee shall submit compliance certification reports certifying the compliance status of this facility with respect to all permit terms and conditions, including applicable requirements. These reports shall be made on the current version of the Department’s Compliance Certification Report Form (example attached to this permit) and submitted to the Department and to EPA at least every 12 months. This report is due no later than 30 days after each anniversary date of the first issued operating permit, P066, July 25, 2000

. 6.1.1 For sources that have submitted air dispersion modeling that demonstrates compliance with state and federal ambient air quality standards, in accordance with 20.2.70.300.D.10 NMAC or 20.2.72.203.A.4 NMAC, compliance with the terms and conditions of this permit regarding source emissions and operation shall be deemed tobe compliance with state and federal ambient air quality standards (20.2.3NMAC NMAAQS and 40CFR50 NAAQS). 6.2 Conditions of 6.2 are pursuant to 20.2.70.302.G.1 NMAC. The permittee shall allow representatives of the Department, upon presentation of credentials and other documents as may be required by law, to do the following: 6.2.1 enter the permittee's premises where a source or emission unit is located, or where records that are required by this permit to be maintained are kept, 6.2.2 have access to and copy, at reasonable times, any records that are required by this permit to be maintained, 6.2.3 inspect any facilities, equipment (including monitoring and air pollution control equipment), work practices or operation regulated or required under the permit, 6.2.4 sample or monitor any substances or parameters for the purpose of assuring compliance with this permit or applicable requirements or as otherwise authorized by the federal Act. 6.3 A copy of this permit shall be kept at the permitted facility and shall be made available to Department personnel for inspection upon request. This condition is pursuant to 20.2.70.302.G.3 NMAC.

### Permit No: P066R1 Page: 17 of 23

7.0 EMERGENCIES Conditions of 7.0 are pursuant to 20.2.70.304 NMAC. 7.1 An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of the permittee, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance, or careless or improper operation. 7.2 An emergency constitutes an affirmative defense to an action brought for noncompliance with technology-based emission limitations contained in this permit if the permittee has demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that: a) An emergency occurred and that the permittee can identify the cause(s) of the emergency; b) This facility was at the time being properly operated; c) During the period of the emergency the permittee took all reasonable steps to minimize levels of emissions that exceeded the emission standards or other requirements in this permit; d) The permittee fulfilled notification requirements under Condition 5.1.2 of this permit. This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken. 7.3 In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof. 7.4 This provision is in addition to any emergency or upset provision contained in any applicable requirement.

8.0 PERMIT REOPENING AND REVOCATION 8.1 This permit will be reopened and revised when any one of the following conditions occurs, and may be revoked and reissued when 8.1.3 or 8.1.4 occurs. Conditions of 8.1 are pursuant to 20.2.70.405.A.1 NMAC. 8.1.1 Additional requirements under the federal Act become applicable to this source three (3)

### Permit No: P066R1 Page: 18 of 23
or more years before the expiration date of this permit. If the effective date of the requirement is later than the expiration date of this permit, then the permit is not required to be reopened unless the original permit or any of its terms and conditions has been extended due to the Department's failure to take timely action on a request by the permittee to renew this permit. 8.1.2 Additional requirements, including excess emissions requirements, become applicable to this source under Title IV of the federal Act (the acid rain program). Upon approval by the Administrator, excess emissions offset plans will be incorporated into this permit. 8.1.3 The Department or the Administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the terms and conditions of the permit. 8.1.4 The Department or the Administrator determines that the permit must be revised or revoked and reissued to assure compliance with an applicable requirement. 8.2 Proceedings to reopen or revoke this permit shall affect only those parts of this permit for which cause to reopen or revoke exists. Emissions units for which permit conditions have been revoked shall not be operated until new permit conditions have been issued for them. This condition is pursuant to 20.2.70.405.A.2 NMAC.

9.0 STRATOSPHERIC OZONE This condition is pursuant to 20.2.70.302.A.1 NMAC. 9.1 The permittee shall comply with the following standards for recycling and emissions reductions pursuant to 40CFR82, Subpart F: 9.1.1 Persons opening appliances for maintenance, service, repair, or disposal must comply with the required practices pursuant to subsection 82.156. 9.1.2 Equipment used during the maintenance, service, repair, or disposal of appliances must comply with the standards for recycling and recovery equipment pursuant to subsection 82.158. 9.1.3 Persons performing maintenance, service, repair, or disposal of appliances must be certified by an approved technician certification program pursuant to subsection 82.161. APPEAL PROCEDURES Any person who participated in this permitting action before the Department and who is adversely affected by the action taken by the Department concerning this permit, may file a petition for a hearing before the Environmental Improvement Board ("board"). The petition must be made in writing to the board within thirty (30) days from the date notice is given of the Department's action.

### Permit No: P066R1 Page: 19 of 23
This petition must specify the portions of the permitting action to which the petitioner objects and certify that a copy of the petition has been mailed or hand-delivered as required by 20.2.70.403.A.2 NMAC; a copy of the permitting action for which review is sought must be attached to the petition. Upon receipt of the appeal notice, the petitioner must mail or deliver a copy of the petition to the Department, and to the applicant or permittee if the petitioner is not the applicant/permittee. Requests for a hearing shall be sent to: Secretary, New Mexico Environmental Improvement Board 1190 St. Francis Drive, Runnels Bldg. P.O. Box 26110 Santa Fe, New Mexico 87502 Unless a timely request for a hearing is made, the decision of the Department will be final. If a timely request for hearing is made, the board will hold a hearing within sixty (60) days of receipt of the petition in accordance with the New Mexico Air Quality Control Act NMSA 1978 § 74-2-7 and 20.2.70.403.A.3 NMAC. Any person who is adversely affected by an administrative action taken by the board pursuant to 20.2.70.403.A NMAC may appeal to the Court of Appeals in accordance with New Mexico Air Quality Control Act NMSA 1978 § 74-2-9. Petitions for judicial review must be filed no later than thirty (30) days after the administrative action. This condition is pursuant to 20.2.70.403.B NMAC and New Mexico Air Quality Control Act NMSA 1978 § 74-2-9. SUBMITTAL OF REPORTS AND CERTIFICATIONS Test protocols, excess emission forms, test reports, compliance certification reports, monitoring results and reports, emissions sampling and measurement data, monitoring activity reports, compliance schedule progress reports, and any other compliance status information required by this permit shall be certified by the responsible official and submitted to: Program Manager, Compliance & Enforcement Section New Mexico Environment Department Air Quality Bureau P.O. Box 26110 Santa Fe, New Mexico 87502-0110 In accordance with 20.2.70.302.E.3 NMAC, Compliance Certifications Reports shall be submitted to the Administrator at the address below: Chief, Air Enforcement Section US EPA Region-6, 6EN-AA 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733

### Permit No: P066R1 Page: 20 of 23

Questions about this permit should be referred to Joe Kimbrell of the Air Quality Bureau in Santa Fe at (505) 955-8026. Copies of the following documents can be downloaded from the NMED web site at URL http://www.nmenv.state.nm.us/aqb/permit/app_form.htmlfor your convenience, or requested from the Bureau. Documents: 1) Excess Emission Form (for reporting deviations and emergencies) 2) Compliance Certification Report Form 3) Acronyms 4) SOP for Stack Test Protocol 5) SOP for Use of Portable Analyzers in Performance Tests 6) SOP for Contents of Stack Test Reports 7) Custom Fuel Monitoring Schedule Attachment A

### Permit No: P066R1 Page: 21 of 23

APPENDIX A Table A.1: APPLICABLE REQUIREMENTS FOR THIS FACILITY The permittee shall comply with all applicable sections of the requirements listed in the following table.

Applicable Requirements Federally Enforceable Entire Facility Unit Nos. 

### 20.2.7 NMAC - Excess Emissions during Malfunction Startup, Shutdown and Maintenance X X 20.2.22 NMAC - Fugitive Particulate Matter Emissions from Roads Within the Town of Hurley X X

20.2.61.109 NMAC Control of Smoke and Visible Emissions X 

### F-2-1-1.4, F-2- 1-1.5 20.2.70 NMAC Operating Permits X X 20.2.71 NMAC Operating Permit Emission Fees X X Air Quality Bureau Permit No: NSR Permits 0376M5R4, R3, R2, R1, M4, M3, M2; 0298M3 & M4R1, M4R2. X X 20.2.73 NMAC Notice of Intent and Emissions Inventory Requirements X X 40 CFR 50 National Ambient Air Quality Standards X X 40 CFR 60, General Provisions, Subpart A X X 40 CFR 60.48c, Subpart Dc, Standards of performance for Small Industrial-Commercial-Institutional Steam Generating Units X F-2-1-1.5
40 CFR 60.330, Subpart GG, Stationary Gas Turbines X F-2-1-1.4
40 CFR 60.380, Subpart LL, Standards of Performance for Metallic Mineral Processing Plants X (1) CV-01A, CV01B, PC-01, CTS01, CV-01C, SAGF1, LUS-01, LHS01, & PCB H-01 

### 40 CFR 61 General Provisions Subpart A, and Subpart M, National Emission Standards for Asbestos. X X 40 CFR 82 Subpart F- Service, Maintenance and Repair of Air Conditioners X X 

### (1) Applies to Ivanhoe Concentrator equipment only. Applies to the Molybdenum heater treater (electric

### Permit No: P066R1 Page: 22 of 23
powered), PCB H-01 (Primary crusher and baghouse) and 

### other units inclusively listed in the permit.

### Permit No: P066R1 Page: 23 of 23

APPENDIX A Table A.2: The Department has determined thatthe following requirements identified in the permit application are not applicable requirementsfor this facility, or the requirement does not impose any conditions in this permit.

Requirements identified in the Permit Application as applicable Not Applicable For This Facility (1) No Requirements (2) 20.2.1 NMAC - General Provisions (Sampling Equipment, Severability, Effective Date, and Conflicts) X

20.2.2 NMAC Definitions X 20.2.5 NMAC Source Surveillance X 20.2.75 NMAC Permit Fees X 20.2.72 NMAC Permits X (1) No existing or planned operation/activity at this facility triggers the applicability of these requirements. (2) Although these regulations may provide guidance,they do not impose any specific requirements on the operation of the facility as described in this permit.BILL RICHARDSON GOVERNOR



### January 6, 2006 

## State of New Mexico 

## ENVIRONMENTDEPARTMENT Air Quality Bureau

2048 Galisteo St. Santa Fe, NM 87505 Phone(505)827-1494

Fax (505) 827-1523
www. 

### nmenv.state.nm. us RON CURRY SECRETARY DERRITH WATCHMAN-MOORE DEPUTYSECRETARY



### CERTIFIED MAIL NO. 7004 0750 0001 3309 4801 RETURN RECEIPT REQUESTED

Dennis Vaughn Environmental Engineer Chino Mines Co PO Box 7 Hurley, NM 88043

Dear Mr. Vaughn: Administrative Permit Revision 20.2.72.219.A.l NMAC NSR No. 0376-M5R3 IDEA ID No. 526- PRN20060001 Chino Mine AIRS No. 350170001

This letter is to acknowledge your letter of December 30, 2005 to revise Air Quality Permit 0376-M5 (R2) for Chino Mines Co, Chino Mine. This revision is pursuant to Title 20 ofthe New Mexico Administrative Code Chapter 2 Part 72 (20.2.72 NMAC) Construction Permits Section 219 .A.1. This revision consists of removing many permitted emission sources related to the dismantling of the smelter. The emission units to be removed are associated with the flash furnace, the converters, the anode, the acid plant, and some ofthe power plant units. The request was received by the New Mexico Environment Department's Air Quality Bureau (Department) on January 4, 2006.
A review of the information you submitted confirms that the requirements specified in 20.2.72 NMAC, Construction Permits, Permit Processing and Requirements, Section 219 .A are met. 20.2.72.219.A.3 NMAC specifies that administrative permit revisions become effective upon receipt ofthe notification by the Department. This letter shall be attached to Air Quality Permit No. 0376-M5 issued by the Department on December 21, 2001 to serve as acknowledgment by the Department that this administrative

### permit revision is authorized. All terms and conditions from Air Quality Permit No. 376-M2 and 376-M4 are still in effect unless specifically superseded. Final emission totals will be determined by the Operating Permit renewal currently being processed.
Ifyou have any questions, please do not hesitate to contact me in Santa Fe at 505-955-8026.
Sincerely,

# ~~4'e-v**~OSepJP"~brell** Permit Engineer Permitting Section

Enclosure: Industry/Consultant Feedback Questionnaire with envelope

# (



# c STATE OF NEW MEXICO BEFORE THE ENVIRONMENTAL IMPROVEMENT BO IN 

### THE MATTER OF PROPOSED REVISIONS TO THE STATE IMPLEMENTATION PLAN FOR THE GRANT COUNTY SULFUR DIOXIDE**L~EDNUUNTENANCEPLAN** 

### No. 

## Em 13-0S(R)



### NEW MEXICO ENVIRONMENT DEPARTMENT'S NOTICE OF INTENT TO PRESENT TECHNICAL TESTIMONY

Pursuant to 20.1.302.A NMAC; the New Mexico Environment Department (NMED) hereby submits its Notice ofIntent to 

### Present Technical Testimony in this proceeding.


### 1. The person for whom the witnesses wUl testify,
The New Mexico Environment Department.
2. The name and qualifications of each technical witness.
Ms. Gail Cooke. Gail Cooke is an Environmental Planner in the Control Strategies
Section ofthe Department's 

### Air Quality Bureau. She has worked in the 

### Air Quality Bureau
since June 1999. 

### Ms. Cooke holds a bachelor degree in Environmental Design from Texas
A&M University and a master degree in U!ban and Regional Planning from Virginia Tech. Her

resume is attached as Exhibit 

### I. 

### Ms. Rita Bates. Rita Bates is the Section Chiefofthe Planning Section ofthe 

### Air Quality
Bureau. She 

### has more 

### than 20 years ofexperience in the environmental field, including fourteen
years with the Department. In addition to her work for the 

### Air Quality Bureau, Ms. Bates has
worked in industry as an environmental coordinator and in environmental consulting as a project
manager. Ms. Bates holds a B.S. in 

### Biology from Humboldt State University. Her resume is
attached as Exhibit 2.

I

## 3. A copy ofthe direct testimony ofeach witness In 

### narrative form. 

# ( A copy ofthe direct testimony ofMs. Cooke is attached as NMED Exhibit 10. Ms.
Cooke will provide a brief

### swnmary ofher testimony during the hearing. The Department does

not intend to present direct testimony by Rita Bates, but may present her as a rebuttal witness,
and will make her available to assist in answering questions that may go beyond the expertise of
the direct witnesses. 

### 4. Text ofany recommended modifications to the proposed regulatory change.
The Department does not have any recommended modifications to the proposed regulatory change. The Department supports adoption ofthe Grant County Sulfur Dioxide
Limited Maintenance Plan as contained in NMED Exhibit 3. 

### 5. List and attach aU exhibits to be offered at the hearing.
The Department offers the following exhibits, which are attached hereto: 

# ( NMEDEx.l Resume ofGail Cooke NMEDEx.2 Resume ofRita Bates NMEDEx.3 Grant County Sulfur Dioxide Limited Maintenance Plan NMEDEx.4 68 Fed. Reg. 54,672 (Sept. 18, 2003)- Approval ofGrant County Maintenance Plan NMEDEx.S U.S. EPA Guidance on Limited Maintenance Plans- Nov. 16, 1994 NMEDEx.6 20.2.74 NMAC NMEDEx. 7 20.2.70 NMAC NMEDEx. 8 Affidavits ofPublication ofHearing Notice NMEDEx.9 Comments received from the U.S. EPA on NMED DI"ODosed SIP revisions NMEDEx.lO Written Testimony ofGail Cooke NMEDEx.II Proposed Statement ofReasons and Order



### 6. Reservation ofRights This Notice ofIntent to Present Technical Testimony is based on the Department's petition. The Department reserves the right to call any person to 

### testify and to present any exhibit in response to another notice ofintent or public comment filed 

### in this matter or to any 

## (

2

# (



# (

( testimony or exhibit offered 

### at the public hearing. The Department also reserves the right to call
any person as a rebuttal witness and to present any exhibit 

### in support thereof.

Respectfully submitted, NEW 

### MEXICO ENVIRONMENT DEPARTMENT OFFICE OF GENERAL COUNSEL

## ~---?~ Bill Grantham Assistant General Counsel New Mexico Environment Department 1190 St. Francis Drive, Suite N-4050 Santa Fe, New Mexico 87505 (505) 222-9594 bill.grantham@state.run.us

3

# (

( Gail 

# F. Cooke
EDUCATION


### Master of Urban andRegionalPlanning, Concentration: EnvironmentalPlanning, V"uginia Tech, Blacksburg, Virginia, 1998 Major Project: 

### The Implementation ofVirginia Erosion and Sediment Control Laws and Regulations. Bachelor of EnvironmentalDe:sign, TexasA&:M Univer:slty, College Station, Texas, 1995 

### Other areas ofstudy include Environmental Science, Soil Science, and Civil Engineering.
WORK HISTORY 

### State of NewMexico Environment Deportment, Air Quality Bureau 1999-Pruent 

### Environmental Analyst/Planner- Public outreach. including preparing outreach material for the general public and organizing public meetings and open houses; preparation ofemission inventory updates and maintenance plans for the State Implementation Plan submittals; development oflocal initiative plans to help reduce criteria air pollutants; reviewing of environmental assessments and environmental impact statements; grant writing; and regulatory development Taschek Environmental Con:sulting 1998-1999 

### Environmental Planner- General environmental planning; conducted environmental assessments, and initial site assessments; assisted in public outreach; assisted in transportation planning, and land use planning projects; and worked extensively with state regulations and federal rules, including the National Environmental Policy Act
RELEVANT PROJECT EXPERIENCE 

### Public Reladon:s 

### Developed brochures, press releases, public service announcements, informational mail outs, and educational material on various air 

### quality related issues throughout New Mexico. Assisted in 

### the planning ofopen houses to educate the public on potential health and environmental risks resulting from air pollution. Presented technical information on air quality issues to the 

### general public; local, state and federal employees; and industry representatives. Grant Writing, BudgetDeveiopment, andProjectManagement 

### Developed grant proposals and budgets for seven different grants over the last four years and have been 

### award all seven grants. Have acted as project manager for three 

### ofthe seven awarded grants. As a project manager for these awarded grants, I have been responsible for mnst budgetary and contractual related activities. Plan andRegulation Development



### .Developed and authored several federally mandated plans on various air quality issues throughout New Mexico.

Exhibit NMED1

### Assisted in the development ofthe Ozone Early Action Compact (EAC) 

### plan for San Juan County, NM. The EAC 

## was developed as a local initiative to control ozone levels within San Juan County, NM. Participants in the EAC include the Cities ofFarmington, NM, Aztec, 

### NM, and Bloomfield, NM; San Juan 

## County, NM; the State ofNew Mexico; and the US Environmental Protection Agency. Job duties included plan development, preparation offact sheets and other informational outreach material, the planning ofopen houses; and testifying before the Environmental Improvement Board Developed SIP Maintenance plans for the Sunland Park, NM 1-hour ozone nonattainment area and the Grant County, NM sulfur dioxide nonattainment area. A maintanance plan is required 

### by the federal government for areas that have violated federal ambient air quality standards to show compliance with the standard. Job duties for both plans included plan development; preparation ofemission inventory; adoption ofplan; public outreach. and testifying before the Environments! Improvement Board. Acted as the lead in the adoption ofrevisions to 20.2.99 NMAC- 

### Conformity to the State Implementation Plan of Transportation Plans, Programs andProjects. The revisions to 20.2.99 NMAC were in response to amendments made to the federal rule 40 CFR Part 93 

### -Determining Conformity of FederalActions to State or Federal Implementation Plans. Revisious to this regulation were adopted by the Environments! Improvement Board in 2005, 2007 and 2009. Coordinated the repeal and replacement of20.2.7 NMAC- 

### Excess Emissions. The 

### repeal and

# ~::::i~:~~~~~:!:~':n~=:d:~=~~:~~m;:!~!ed~~:~P~~~~s ( for 20.2.7 NMAC. The repeal and replacement ofthis regulation 

## was adopted by the Environmental Improvement Board in 2008.

## ( RITABATES



# ( EDUCATION

HUMBOLDT STATE UNIVERSITY, ARCATA, CALIFORNL\ 

### B.S., BioiDo, 1990. Minor in Bota'!)l, emphasis in Ecoloo. Att.ndanrz dates 1986-1990.

EXPERIENCE

STATE OF NEW MExiCO, ENVIRONMENT DEPARTMENT AIR QUAUTY BUREAU, PUNNING & POLICY SECTION 

### Section Chief, March 2005-prrmnt Progrom Manager {Nafllral S<iences Manager-2), March 2000- March 2005 EnvironmentalSpe<ialist, December 1998- March 2000 EnvironmentalS<itntist, Au!JISf 1998- December 1998
The Planning & 

### Policy section of the Air Quality Bureau is responsible for the control strategy, dispersion modeling, emission inventory and small business assistance programs in the Air Quality Bureau. The control strategy section of the Air Quality Bureau 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 our 

### agency are accurate and complete. The Small Business Assistance Program assists small businesses in meeting air 

### quality regulatory requirements.

EMPIRE GROUP, 

### LLC Empire, Nevada 

### Environmental Coordinator, June 1996- Ju/y 1998 Empire Group, LLC is the parent company for several entities which 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 

### EnvironmentalAna/ystIV, Reno Office Coordinator/ Manager, July 1994- Ju/y 1996 EnvironmentaiAna/yst III,Ju/y 1993- Ju/y 1994 EnvironmentalAna/yst I, June 1990- Ju/y 1993
As the manager of the Reno office, I supervised seven technical staff and one administrative employee. During my employment with JBR, I worked on and managed numerous NEPA, environmental permitting and baseline projects. 

### NMED Exhibit# 2

### ( 

## '



# c SULFUR DIOXIDE LIMITED MAINTENANCE PLAN FOR THE 

# GRANT COUNTY, NEW MEXICO MAINTENANCE AREA

AIR QUALITY BUREAU NEW MEXICO ENVIRONMENT DEPARTMENT 

### 525 CAMINO DE LOS 

### MARQUEZ, SmTE 1 SANTA 

## FE, NEW MEXICO 87505



### NMED 

### Exhibit# 3

### EXECUTIVE SUMMARY

Grant County was designated nonattainment in 1978 for the 24-hour sulfur dioxide (S02) National Ambient Air Quality Standard (NAAQS). This designation was based on emissions from one major point source that mined and smelted copper ore. The nonattainment area included a 3.5 mile radius surrounding the copper smelter source and any land above 6,470 feet within an 8 mile radius around the smelter. Sulfur dioxide is a criteria pollutant regulated under the Federal Clean Air Act (CAA). Primarily industrial processes and emissions from fossil fuel fired boilers generate S02.
In February 2003, the New Mexico Environment Department (NMED) submitted a Redesignation Request and Maintenance Plan for the Grant County 24-hour S02 nonattainment area. This submittal was approved by the U.S. Environmental Protection Agency (EPA) on September 18, 2003. Section 175A ofthe CAA requires states to develop state implementation plans (SIPs) to provide for the maintenance ofthe NAAQS, or maintenance SIPs, for those areas that are nonattainment and have sufficient data to prove that area is now in compliance with the NAAQS. Clean Air Act Section 175A(b) requires states to revise maintenance SIPs ten (I0) years after EPA approves an area's initial maintenance plan. EPA guidance provides states the option to 

# (

submit less rigorous maintenance plans (limited maintenance plans) ifmonitoring data for the nonattainment or maintenance area shows monitored air quality is at orbelow 85 percent ofthe

### (~l exceedance level for a NAAQS.
As required under CAA Section 175A(b), NMED is submitting a revised S02 limited maintenance plan for the continued maintenance ofthe 24-hour**S~** 

### NAAQS for an additional I 0 year period after the expiration ofthe 2003 Grant County S02Maintenance plan.
EPA is allowed up to 18 months to approve or disapprove a SIP submittal. To allow for EPA's review ofthe Grant County**S~** 

### limited maintenance plan and the state's rulemaking review process, while still affording for the 10 year CAA 175A planning period requirement, the proposed limited maintenance plan end date is October 2025.

Draft 7/26/13

# (



# c I. INTRODUCTION
In 

### 1978, the US Environmental Protection Agency (EPA) designated Air Quality Control Region 012: 

### Grant County, New Mexico as a partial nonattainment area for violating the National Ambient Air 

### Quality Standard (NAAQS) for sulfur dioxide (S0 2). 

### This designation was based on emissions from one major point source within the nonattainment area. This source smelted and mined copper ore in Hurley, NM. The nonattainment area includes a 3.5 mile (mi) radius surrounding the former copper smelter facility and any land above 6,470 

### feet (ft) 

### within an 8 mi 

### radius ofthe former smelter (Figure 1). Figure 1: Grant County S02 Nonattainment Area*



### Grant County 502 Nonattalnment Area '-egend

### ~ 502 Nonattalnment Area



### e Smelter Stack**~** S02 Monitoring Sltea

- Primal)' road wllh limited aCC888 N 

# A

-- PrlmltiY road

- Secondary and c:oMecang road Q countlea**Yr!'~~~**

--nre Bayanf monitor wardiscontinued in August 2002. 

### Draft 7125/2013

### Sulfur dioxide is a colorless gas with a pungent odor that is highly soluble in water. Sulfur dioxide belongs to the family ofgases called sulfur oxides (SO.). These gases are formed when fuel containing sulfur, mostly coal and oil, is burned, and during metal smelting. Sulfur dioxide and nitrogen oxides are the major precursors of acid rain. The major health concerns associated with exposure to 

### high concentrations of S02 include effects on breathing, respiratory illness, alterations in pulmonary defenses, and aggravation ofexisting cardiovascular disease. Children, the elderly and people with asthma, cardiovascular disease or chronic lung disease (such as bronchitis or emphysema) are most susceptible to adverse health effects associated with exposure to 

## so2.
The Clean Air Act (CAA) requires all areas ofthe United States to attain and maintain the NAAQS. Ifan area does not attain and maintain the NAAQS and violations occur, the area will be designated nonattainrnent by EPA for the particular NAAQS that has been violated. Once an area has been designated nonattainment it must show at least three consecutive years ofclean data and provide EPA with a maintenance plan and a redesignation request to be eligible for redesignation to attainment/maintenance ofthe standard. A maintenance plan must meet the requirements of CAA Section 175A, including a demonstration that the area will maintain the NAAQS for a period ofat least ten years following redesignation to 

### attainment ofthe standard by EPA. The plan must also contain a contingency measure that would be implemented in the event that a violation ofthe standard occurs during the maintenance period.



### 2 Draft 7126/2013

# (



# ( ll. GRANT COUNTY LIMITED S02 MAINTENANCE PLAN The CAA Section 107(d)(3)(E) mandates that for a nonattainment area to be reclassified to attainment, EPA must fully approve a maintenance or limited maintenance plan for the area 

### that meets the requirements ofCAA Section 175A. A maintenance plan is a state implementation plan (SIP) revision that must provide for maintenance ofa NAAQS for at least ten years after EPA redesignates the area to maintenance/attainment. NMED submitted a Redesignation Request and Maintenance plan for the Grant County 24-hour SO. nonattainment area to EPA in February 2003. This submittal was approved by EPA on September 18, 2003 (68 FR 54672). The end date for NMED's 2003 Grant County SOz Maintenance plan is 2015. As required under CAA Section 175A(b), NMED is submitting a revised SO. limited maintenance plan for the continued maintenance ofthe SO. NAAQS for an additional 10 year period after the expiration ofthe 2003 Grant County SOz Maintenance plan. EPA allows nonattainment and maintenance areas that are 

## at or below 85 percent of

### the exceedance level for a NAAQS at the time ofredesignation to submit a less rigorous plan that EPA refers to as a limited maintenance plan. 1 

### The Grant COunty 24-hour SO. maintenance area currently has no major SO. sources and has monitored negligible levels ofSO. for the past 

### 5 years. Based on the lack ofSO. major point sources and emissions within the Grant 

### County maintenance area, New .Mexico is choosing to submit a limited maintenance plan for the Grant COunty maintenance area. EPA is allowed up to 18 months to approve or disapprove a SIP submittal. To allow for EPA's review ofthe Grant County SOzlimited maintenance plan and the state's rulemaking review process, while still affording for the I0 year CAA Section 175A planning period requirement, the limited maintenance plan's end date will be 2025. EPA guidance for limited maintenance plans under CAA Section 175A provides a general framework for developing a maintenance plan that includes five elements. l. Attainment Inventory 2. Maintenance Demonstration 3. Monitoring Network 4. Verification ofCOntinued Attainment 5. Contingency Plan 

### 1. ATTAINMENT INVENTORY 

### The EPA guidance for limited maintenance plans (see Appendix A ofthis plan) provides that an emission inventory should be developed to identifY the level ofemissions in the maintenance area that is sufficient to attain the NAAQS. There are currently no major SO. sources in the

1 Su "Limited Maintenance Plan Option for Nonclassifiable Ozone Nonattainment Areas," Memo from Sally L. Shaver to EPA regional air directors, Nov. 16, 1994 (see Appendix A ofthis plan). In tbe absence ofguidance specific to SO,, EPA Region 6 has directed New Mexico to follow tbe Guidance for ozone non-attainment areas. (Medina, Dayana. "EPA Guidance on Limited Maintenance Plan Option." Message to Rila Bates. 3 Mareh 2012. Email) 

### Draft 712612013 3

### Grant County maintenance area. In 

### July 2006, the only major source ofS02 located within the (" maintenance area boundary, the aforementioned copper ore smelting facility, was dismantled and the stacks removed. The facility also modified their Title V and New Source Review (NSR) permits (see Appendix 

### B ofthis plan) to remove all equipment associated with the smelting of copper ore. There are presently two Title V 

### sources in Grant County (outside ofthe Grant County S02 maintenance area): the Chino Mine (formally the Hurley Mine) and the Tyrone Mine, neither of which are major sources for**S~.** 

### The 2011 S02 actual 

### emissions for the Chino Mine were 0.272 tons per year (tpy) and 6.3 tpy for the Tyrone Mine. The primary sources of**S~** 

### emissions for both facilities are blasting fugitives and diesel generator engines. Table 1 below shows the actual S02 emissions for Title V 

### sources in Grant County for the years 2007-2011. As the table shows, the combined SOz 

### emissions from these Title V 

### sources are well below the major source threshold. Table 2 below shows the allowable**S~** 

### emissions for all minor point sources located in Grant County for the years 2007-2011. There are currently four (4) minor point sources located within the Grant County maintenance area with total allowable**S~** 

### emissions of 150.0 tpy for 2011. All ofthe minor point sources located within the Grant County maintenance area are aggregate quarrying, crushing and screening operations that are registered under General Construction Permit (GCP-2) for Quarrying, Crushing, and Screening Facilities that includes default allowable emission limits. Although the GCP-2 allowable**S~** 

### emission limit is set at 50.0 tpy, the actual S02 emissions generated from these types of sources are minimal. 

### Table 1 S01 

### Emission Inventory for Grant County Title V Sources
YEAR ACTUAL •• ACTUAL EMISSIONS 

# *** DAILY EMISSIONS EMISSIONS WITH RULE EFFECTNENESS (I'PDOF S02) 

### (TPYOF**S~)** 

### (TPYOF**S~)** 

### 2007 *4.14 4.97 0.011 2008 0.82 0.98 0.002 2009 *4.66 5.59 0.013 2010 *5.70 6.84 0.016 2011 *6.57 7.88 O.Dl8 

### •

- 

### . . Actual emi.mons mclude un pernuttedfugitive SO, emrs.no11S• •• EPA 

### :r default rule effectillerte.rs of80% compliance wa.r applied to llle ocilla! emWioru data. •••For the SO, daily emissions**calculaJio~t,** 365 daysper year operation was tU.rumed. 

### Table 2 S01 

### Emission Inventory for Grant County Minor Point Sources
YEAR ALLOWABLE *DAILY EMISSIONS EMISSIONS (I'PD OFSOz) (TPYOF S02) 

### 2007 316.30 0.866 2008 316.30 0.866 Drafl7/26/2013 

### 4 

# (

# ( 2009 316.34 0.866 2010 316.34 0.866 2011 316.34 0.866 

## •
2. MAINTENANCE DEMONSTRATION 

### To demonstrate maintenance ofthe NAAQS for a nonattainment area, the CAA requires a state to show that future emissions ofa pollutant or its 

### precursor will not exceed the attainment inventory developed for the area or to provide modeling to show that future sources and emissions will not cause an exceedance ofthe NAAQS. For limited maintenance plans, however, the maintenance demonstration requirement is considered to be satisfied for nonattainment areas ifthe monitoring data for the area shows that the monitored air 

### quality is equal to or less than 85 percent ofexceedanee levels for a specific NAAQS. There is no requirement to project emissions over the maintenance period. EPA's guidance for limited maintenance plans states that ifthe area begins the maintenance period at or below 85 percent ofexceedance levels, the air 

### quality along with the continued applicability of PSD requirements, any control measures already in the SIP, and federal measures should provide adequate-assurance ofmaintenance over the initial 1 0-year maintenance period. As discussed in the next section, the SO. design value for the 24-hour SO. NAAQS (0.14 parts 

### per million (ppm)) has been 0.0 ppm 

### for each ofthe five most recent years for which certified ambient air 

### quality data is 

### available for the Grant County maintenance area monitor. The maintenance demonstration is therefore satisfied.
3. MONITORING NETWORK 

### An 

### appropriate air 

### quality monitoring network must be maintained by the state to verify compliance with the NAAQS for SO. once an area has been redesignated to attainment/maintenance. The monitoring netwot:k must 

### be in accordance with 40 CPR Part 58. New Mexico currently operates one S02 

### monitor for the Grant County maintenance area in Hurley, NM (35-017-0003-42401-l). This monitor has 

### been in operation since 1997. The state operated four (4) SO:! monitors for more than thirty 

### years in the area. Historical monitoring data for this area shows that there has not been a violation ofthe primary 

### or secondary SOz 

### NAAQS since 1975 (Su/for Dioxide Redesignation Request 

### andMaintenance Plan for the Grant County, New Mexico NonattainmentArea; 2003). 

### Current monitoring data for Grant County (shown below in Table 3) shows zero concentrations ofSO:z in the Grant County maintenance area over the past four years.



### 5 Draft 7126/2013

### Table 3: SOz Monitoring Data for Grant County Monitor 35-017-0003-42401-1
YEAR DESIGN VALUE 

### (ppm)
2007 0.0 2008 0.0 2009 0.0 2010 0.0 2011 0.0

Due to the limited amount of S02 emissions and emission sources within the Grant County maintenance area, NMED is requesting that EPA grant New Mexico a waiver to discontinue S02 monitoring 

### within the maintenance area, and instead implement the alternative S02 monitoring methodology described in Section II.4. 

### 4. ALTERNATIVE SOz MONITORING METHODOLOGY


### New Mexico will implement an alternative S02 monitoring methodology for the Grant County SOz maintenance area which does not utilize a gaseous analyzer for determining compliance with the SOz NAAQS. The Grant County S02maintenance area has monitored negligible levels of SOz for the ( '; last five (5) years (see Table 3). For this reason, the use ofan alternative methodology other than , gaseous monitoring is appropriate to monitor maintenance ofthe SOz NAAQS for the maintenance area. Such a method would not compromise data collection for the NAAQS and will continue to meet the requirements of40 CFR Part 58, Appendix D.
The alternative S02monitoring method 

### will consist ofthe use ofPSD and Title V modeling and any required post-construction monitoring for new and modified 

### air quality permits 

### and an annual emission review ofall major SOz sources located in the Grant County S02maintenance area. These two methodologies will allow the State to determine ifthere is a potential violation ofthe SOz NAAQS within the maintenance area. 

### Contingency Plan
IfPSD or Title V modeling, PSD or Title V post-construction monitoring, or the annual emission review ofmajor S02 sources within the Grant County maintenance area indicates there is a significant increase in SOz emissions that may cause a potential S02 NAAQS violation, NMED will reinstitute a gaseous S02monitor at the Hurley, NM monitoring location (35-017-0003-42401-l) or at a site expected to read greater S02levels than that site. Ifthe monitored SOz values after one year are at or below 50% ofthe 24-hour or annual S0 1

### NAAQS, or both, the monitor may again be removed 

### and the alternative S0 1 

### monitoring methodology reinstated. lbis process will 

### be repeated each time PSD or Title V modeling, PSD or Title V post-construction monitoring, or the annual emission review ofmajor S02 sources within the maintenance area indicates a potential S0 1 

### NAAQS violation.



### 6 Draft 7/26/2013 

### )

# (



# c

( 5. VERmCATION OF CONTINUED 

### AtTAINMENT


### To ensure that attainment will be continued in the future, the state must retain the legal authority to implement and enforce 

### all air 

### quality measures needed to attain and maintain the NAAQS for 

### SOz. Current state regulations listed below verity that the State ofNew Mexico has the continued legal authority needed to implement and enforce air 

### quality controls to maintain the NAAQS for 

### SOz in Grant County in the future. • 20.2.3 NMAC- Ambient Air 

### Quality Standards • 20.2.31 NMAC- Coal Burning Equipment

- Sulfur Dioxide • 20.2.35 NMAC- Natural Gas Processing Plant- Sulfur • 20.2.36 NMAC- Petroleum Refinery- Sulfur • 20.2.39 NMAC- Sulfur Recovery Plant- Sulfur • 20.2.40 NMAC- Sulfuric Acid Production Units- Sulfur Dioxide, Acid Mist and Visible Emissions • 20.2.41 NMAC- Nonferrous Smelters -Sulfur • 20.2.70 NMAC- Operating Permits • 20.2.72 NMAC

- Construction Permits • 20.2.74 NMAC- Permits- Prevention ofSignificant Deterioration (PSD) • 20.2.77 NMAC- New Source Performance Standards • 20.2.78 NMAC- Emission Standards for Hazardous Air Pollutants • 20.2.81 NMAC- Western Backstop Sulfur Dioxide Trading Program • 20.2.82 NMAC- Maximum Achievable Control Technology Standards for Source Categories ofHazardous Air 

### Pollutants
6. CONTINGENCY PLAN 

### As a requirement ofCAA Section 175A, a contingency plan must be developed to correct any violations ofthe SO:l NAAQS in 

### Grant County after the area has been redesignated. The plan must be an enforceable part ofthe SIP and must ensure that the appropriate measures will be adopted in 

### the event that the 

### SOz NAAQS is exceeded. There are currently no major SOz sources within the Grant County SQz maintenance area. In the event that an 

### SOz source(s) should move into or within close proximity to the Grant County 

### SOz maintenance area, NMED will ensure that such source(s) will comply with all applicable state and federal S

### 0 2 

### regulations and requirements. In addition, NMED will maintain a comprehensive compliance and enforcement program to identify sources ofviolation ofthe 802 

### NAAQS within the maintenance area and to undertake aggressive follow up 

### measures to ensure compliance with the SQz NAAQS. In 

### conformance with CAA Section 175A(d), NMED will implement all measures with respect to the control ofair pollutants which were contained in the SIP for the area befure its 

### designation as an attainment area, to the extent such measures are applicable to any sources which may exist at the time ofany NAAQS exceedance.

7 

### Draft 712612013

## Til. Conclusion
The NMED requests that EPA designate the Grant County maintenance area as a limited maintenance/attainment area. NMED also requests that EPA grant the state a waiver to shut down the current monitoring station (35-017-0003-42401-1) located 

### in Hurley, NM and allow the State to implement 

## the requested alternative 

### SOl monitoring methodology. Due to 

### the lack ofmajor**S~** 

### point sources 

### within the Grant County maintenance area, the limited number of**S~** 

### point sources 

### within the area surrounding the maintenance area, and the negligible concentrations**ofS~** 

### as shown by monitoring, New Mexico does not deem it necessary to continue utilizing a gaseous**S~** 

### analyzer to verify continued maintenance ofthe 24-hour 

### and annual 

# sol standards.



### 8 

### Draft 7126/2013 

# (

# /. 

# c

' ' 

## Appendix A

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Office of Air Quality Planning and Standards Research Triangle 

### Park. North Carolina 27711 

# NOV 181994
HEMOBANQUM SUBJECT:


## PROM:

'1'0: 

### • 

## Limited Maintenance**~an** 

## Option tor Nonclassifiable**O~e**

# 1**~o~at~A;reas'**

# S~~aver, Director Air Quality Strategies 

## & standards.Division (Mn-15) Director, Air, Pesticides and Toxics Management Division, Regions I and IV Director, Air and Waste Management· Division, Reqion II Director, Air, Radiation and Taxies Divislon, Region· III Director, Air and Radiation Division, Reqion V Director, Air, Pesticides and Toxics Division,· Region 

# v:r . Director,

.. Air and· Toxics Division, Regions. 

# v:r:t, VIII, IX.,.·and .X 

## •

I. PurpOse 

## This memorandum sets forth new guidance on maintenance plan· requirements for certain nonclassifiable ozone nonattainment areas seeking redesignation to attainment.· In particular,**nonclassifiable.o~one** 

## areas whose design values**a~** 

## at or below 0.106 ppm (85 percent of exceedance levels of the ozone NAAQS) at the time of redesiqnation may choose to submit a less rigorous maintenance plan than was formerly required. This new option is being termed a limited maintenance plan. Nonclassifiable ozone areas with desiqn values greater than 0.106 ppm will continue to be 

## subject to full maintenance plan**requiremen~s** 

## described in the september 4, 1992 memorandum, "Procedures tor Processing Requests to Redesignate Areas to At"tainment," from John Calcagni, former Director of the OAQPS Air Quality Management Division to the Regional Air Division Directors. There are three types of nonclassifiable ozone. areas: submarginal, transitional, and incomplete/no data. A description of these areas is included as Attachment A.•. 

# . . 2 

### II. Backm'ound 

## section 107(d)(3)(E) of the Act provides that a nonattainment area .can be 

## redesiqnated to attainment if the following criteria are aet:



## . 

# ., 1. The ·EPA haa- determined that the 'NAAQS for the· appl.icable pollutant has been attained. • 

# .. 2. The applicable implementation plan has been tully adopted under section llO(k). 3 • The EPA has determined that the impro'lo!ement in air. · ..**~ality** 

## is due to permanent and enforceable reductions in emissions.

.. · 4. The. State• has met all·applicab'le requirements 

## ·tor the area under section 110 and part D. 5. The EPA has fully approved a-maintenance plan, inclUding a contingency plan, ·to:r;. 

## the area under section ·175A.

. :: .

.... Section l75A· o'f· the**~ct·.provides** 

## the·genera:l;··framework

.. for·

. maintenance

.plans·. The maintenance plan IIIUSt provide for

maintenance of .·the

.. ·Nn'QS 

## 'for**at""te<~St·lo-·yean··att-er·** 

## ·· ·-- -- · ··· ... -(_·· redesignationt 1• 

## -includ-ing· any add!tional control 'llleasures as -may· -· .. be necessary**·to-~nsure-** 

## such maintenance. l'n

.. addition·; maintenance plans·are to contain such contingency**p~visions** 

## as

. EPA deems necessary to· assure the prompt correction of a . . · violation of the NAAQS that occurs· after redesiqnation.

. ·The .continqency measures IIIUSt include; at a miniiii.Um, a requirement · that the·State.will implement all control measures contained in ·the nonattainment· SIP prior to redesiqnation. Beyond these requirements,·however, section l75A does not define. the content of ·a·· maintenance plan. Thus, EPA has the · authority to exercise.reasonable discretion to determine those requirements. The EPA has previously issued guidance on meeting all five criteria for redesiqnation inclUding maintenance plans (see Attachment B). The EPA·now believes that it is justifiable and appropriate to apply a**d~fferent** 

## set·of·maintenance· plan requirements·(described herein) to a limited cateqory of ozone nonattainment areas--nonclassifiable areas whose monitored air quality is equal to or less than as percent of exceedance levels of the ozone NAAQS. The EPA does not believe that the full maintenance plan requirements need be applied to these areas because they have achieved air quality levels well below the
•section 175A also requires that a years after redesiqnation, the State must**sub~it** 

## an additional plan to provide for maintenance for a second follow-on 10-year period.

# (



# (



# l 3 

## standard without the application of control measures required by the Act for classified ozone nonattainment areas. Also, these areas do not have either a recent history of monitored violation of the ozone NAAQS or a long prior history of monitored air qtiality problems. The EPA believes that the continued applicability of prevention of**signif~cant** 

## deterioration**(~SO)** 

## requirements, any control measures already in the SIP, and Federal measures (such as the Federal motor vehicle control program) should provide adequate "assurance of maintenance for these areas. · III. Qualifying for the Limited Maintenance Plan Option



## . . 

## To qualify for the limited maintenance plan option, the ozone design value for the**~ea,** 

## based on the 3 years of data used to demonstrate attainment, must be at or below 0.106 ·ppm (85 percent of exceedance-levels· of· ·the··ozone-· NAAQS)-.- -·. -· · - ·· · · Additionally, the design value for the area must continue to·be

. at or below 0.106 ppm ..until the

..time.of.**-~i.nal--EPA·** 

## -action

.. on--the

.. redesignation. The method for calculating design values is presented in the JUne. 18, 1990

..memorandum,

.. "Ozone and.Carbon Monoxide Design Value Calculations," from William G. Laxton, form81:' Director ofc the ·OAQPS -Technical Support-,·Divis-ion- to · Regional Air Directors. -The memorandum .focuses--pr-imaril-y on determining design values for nonattainment areas in order to classify the areas. as. marginal, moderate,

.. serious, severe, or extreme. Therefora,

....the document discusses determining .the

.. design value for. an· area ·based on the monitors .which· are ' .· · .exceeding the standard.· _In the case. of a nonattainment area seeking redesignation to attainment, all monitors must be meeting the standard. TO assess-whether a nonclassifiable area meets the applicability cutoff for the limited maintenance plan, a separate design value must be 

## developed for every monitoring site. The highest of these design values is the design value for the whole area. If the area design value is at or below 0.106 ppm, the state may select the limited maintenance plan option for the first 10-year maintenance period. If the design value for the area exceeds 0.106 prior. to final EPA action on the redesignation, the area no longer qualifies for the limited maintenance plan and must instead submit a full maintenance plan. The EPA will issue guidance in the future on the applicability of the limited maintenance plan option to the second follow-on 10- year maintenance period. IV. Limited Maintenance Plan Elements Following is a list of core provisions which should be included in a limited maintenance plan. Any final EPA determination regarding the adequacy of a limited maintenance plan will be made fol·lowing review of the plan submittal in light of the particular circumstances facing the area proposed for redesignation and based on all relevant available information.

### ( 

### 4



### a. Attainment InyNJtorv 

## The state should develop an attainment emissions inventory**~o** 

## identify a level of emissions in the area which is sufficient to attain the·NAAQS. This inventory should be consistent with EPA's most recent quidanc;e2 

## on em.issi011111 inventories for

. nonattainment.areas available at the time and should represent· emissions during the time period•associated with the monitoring data showin; attainment. The invlntory should be 

## based on actual "typical summer day" emissions of voc·and Nox (ozone precursors).**~issions** 

## of CO are not necessary in the attainment inventory because they will not be tracked for maintenance purposes. b. Maintenance Demonstration 

## The maintenance demonsb:=ation .requirement is considered to 

# (

be· -satisfied for··nonclassifiabl:e-areas·-±t ··the ·monitoring data---------- show the area is meeting·the air quality criteria discussed .·above.. There is--no- requirement. to- project--emissions- over the

..... ··-·- . ---·-. -

maintenance period. -The EPA believes if the area begins the maintenance**period.·at~or** 

## below.s.s. percent ot..exceedance

..lev.els,.

--- . ___ ··-· the air quality along with the continued applicability of PSD requirements, ·any eontrol measures ·alreadY in the SIP;· and 

## Federal measures, should provide adequate ·assurance of ··· . maintenance over the ·initial 10-yeer· maintenance period. · When EPA approves a limited maintenance-plan, EPA is concluding that ·a:n. emissions budget :may·.be ·-treated· as essentially not constraining for·the length of the maintenance period-because it is unreasonable to expect that-aucb-an·area·will eXPerience so much growth**~n-that-period** 

## that a violation of the ozone NAAQS

. would result.
c• Monitoring Networ]S;/Verification of Continued Attainment To verify the attainment status of the area over the·. maintenance period, the maintenance plan should contain provisions-for continued operation of an appropriate, EPAapproved air quality monitoring network, in accordance with 40 CFR part 58. This is particularly· important for areas using a limited maintenance plan**bec~use** 

## there will-be no cap on emissions.

2

## The EPA's current guidance on the preparation of emissions inventories for ozone areas is contained in the followinq documents: ''Procedures for the Preparation of Emission Inventories for Carbon Monoxide and Precursors of ozone: Volume I" (EPA-450/4-91-016), "Emission :Inventory Requirements for O:t:one State Implementation Plans" (EPA-450/4-91-010), and "Procedures· for Emission Inventory Preparation: Volume IV, Mobile sources"**(EPA~450/4-81-026d).** 

# (

·-
.. }

# c '·



# .() 5 

## d. COntingency Plan section 175A of the Act requires that a maintenance plan include contingency provisions, as necessary, 

## to promptly correct any violation of the NAAQS that occurs after redesiqnation of the area. These continqency !Jieasures do JWt have 

## to be fully adopted at the time of redesignation. However, the contingency plan is considered 

## to be 

## an enforceable 

## part of the SIP and should ensure that the contingency measures are•adopted expeditiously once they are triggered by a specified event. 'l'he contingency plan should identify the measures to be 

## promptly adopted and provide a schedule and procedure for adoption and implementation of the measures. The State should also idantify specific**indica.tors~-** 

## or triqqers, which will be Used 

## to determine when the contingency mealiiures need to be**implemen~.** 

## Hhile a violation of the NAAQS is an acceptable triqqer, States may wish to choose a pre- violation action level as a trigger, such as an exceedance of the NAAQS. By taking early action, a state may be 

## able to prevent any actual. violation Qf -the NAAQS -and, therefore,. eliminate any need on the part of EPA to redesignate an area back 

## to nonattainment.
v. Conf9rmity petetpinations 

# under Limited Maintenance Plans The transportation conformity rule (58 PR 62188; November 24, 1993)**~nd** 

## the general conformity rule (58 FR 63214; November 30, 1993) apply to nonattainment areas and maintenance areas operating Under maintenance plans•. Under either rule,· one means of demonstrating·conformity of Federal actions· is to ·indicate that expected emissions from planned actions are

consistent with the emissions bUdget for the area. As discussed above in section IV(b), emissions budgets in limited maintenance plan areas may be treated as essentially not constraining for the lenqth of the initial maintenance period because it is unreasonable to expect that such an area will experience so much groWth in 

## that period that a violation of the ozone NAAQS would result. In other words, EPA would be concluding that emissions need not be 

## capped for the maintenance period. Therefore, in areas with approved limited maintenance plans, Federal actions requiring conformity determinations under the**transpo~ation** 

## conformity rule could be 

## considered to satisfy the "budget test" required in sections 93.118,'93.119, and 93.120 of the rule. similarly, in these areas, Federal actions subject to the general conformity rule could be 

## considered to satisfy the "budget test"**s~ecified** 

## in section 93.158(a)(5)(i) (A) of the rule. For further information regarding the limited maintenance plan option for nonclassifiable ozone areas, please contact Carla Oldham at (919) 541-3347. For information regarding transportation conformity requirements, please contact Kathryn sargeant of the Office of Mobile Sources at (313) 668-4441. For6 

### information regarding general conformity requirements, please contact Doug Grano at (919) 541-3292. Attachments

•

### • 

# (
' 

# .

# .' 

# . A'l'l'ACHMBNT A The BPA used 1987-89 as the primary data years in**determ~ning** 

## designations and classifications for ozone areas set forth in the November 6, 1991 final rule on Air Quality Designations and Classifications (56 PR 56694): Certain ozone nonattainment areas could not be classified as marginal or above under Table 1 of section. 181.(a) {1)' ofJthe Clean Air Act either because of· incomplete monitoring data·or·because they were nonattainment pre-enactment but did not violate the standard during 1987-89. These areas are ""collectively called nonclassifiable areas. Nonclassifiable ozone areas consist of transitional, submarginal, and incomplete/no data areas. nagsitioul vus 

# . · .. An 

## area is considered transitional under section 185A if it was designated nonattainment"both prior to enactment and at the time of enactment,- .-and did not

..violate ·the ·primary NAAQS for ·ozone·over the J-year period from 1987-1989. Section 185A of the Act required EPA to make a determination, by June 30, 1992, whether the designated transitional areas had continued to meet-the ozone NAAQS through December 31, 1991. · All 12 transitional areas were attaining the NAAQS through December 31, 1991 and none are known to have ·violated the standard since. In May·and June of 1992; Regional Administrators sent letters to Governors of states with

. transitional areas notifying .them of EPA's determination.

s!Jbparqipal areas 

## compliance with -the ozone NAAQS is determined on the basis of**~ected** 

## exceedances which include an adjustment for missing data. The submarginal category includes areas that violated the ozone NAAQS during 1987-89 but had a design value for the period of less than .121 ppm (the lower limit for marginal areas) due to the adjustment for missing data when calculating expected exceedances. Presently, there are no submarginal areas. Inqomplete/po data areag certain ozone areas designated nonattainment prior to ·enactment and at enactment did not have sufficient air quality

monitoring data to determine whether they were or were not violating the NAAQS. These areas are termed incomplete/no data areas. These.include areas which do not have monitors. currently, there are 47 incomplete/no data areas.

1

## This adjustment procedure is described in 40 CFR part 50.9, appendix H.

# . ·,

• · 

### .. 

## ATTACHMENT B 

## ' The EPA policies for implementing sections 107 and 175A of the Act for redesiqnations are .contained in the following·. memorandums. 1. "Procedures for Processing RE;gUests to Redesiqnate Areas

. to Attainment," John Calciagni, Director, Air Quality Manageiiient Division, September 4, ·1992. • • 

## 2. "State Implementation Plan (SIP) Requirements for Areas Submitting Requests 

## tor Redesiqnation to Attainment of the Ozone and Carbon Monoxide (CO) National Ambient Air Quality standards (NAAQS) .on or after**November·~,** 

## 1992 

## ,-n Michael Shapiro,**·.:Ac~ng** 

## Assistant Administrator for Air and Radiation, September 17, 1993. 3. "State Implement-ation Plan (SIP) Actions-Submitted• in Response to Clean Air Act (CAA) Deadlines," John calcaqni, -Director, Air. Quality.Management.Division, october 28, 1992. 4. "Contingency Measures_ for ozone .and. carb.on. Monoxide (CO)

.. Redesignations," G.T •. Helms, Chief, ozone/Carbon Monoxide Proqrams Branch,·June-1, 1992. 5. "General Preamble· for the· Implementation of Title· I of 

# (

. the Clean Air Act. Amendments of 1990 11 

## (5.7 FR 13498; April· Ui,**(~** 

### ·.



## 1992).

. )

# (



# ('



# ( Appendix&
State of NewMexico 

## ENVIRONMENT DEPARTMENT Air Quality Bureau

BILL RICHARDSON

Governor 

### 2048 Galisteo St. Santa Fe, NM 

### 87505 Phone (505) 827-1494

Fax (505) 827-1523 

## www.nmenv.state.nm.us

Certified Mail No: 7004 07500001 3312 7028 Return 

### Receipt Reauested OPERATING PERMIT NO: P066R1 Tempo/IDEA ID No.: 526-PRT2004000l AIRS No. 35..017-00001 FACILITY NAME: Chino Mine- 

### Hurley Fac:ility PERMITI'EE: Chino Mines Company POBox? 

### Hurley, NM 88043 RESPONSmLE COMPANY 

## omCIAL: David F. Rhoades Air

### Pennit Contact: 1tmothy E. Eastep 

### ISSUED BY: New Mexico**~viromnent** 

### Department 

# MAY 2 3 

# 2fX1l MazyUhl Bureau Chief Date oflssuance
Air Quality

### Bureau INTRODUCI'ION RON CURRY 

## s..:-y CIHOYPADIU.A Deputy Secretary



### Operating Permit Number P066Rl is issued by the 

### Air Quality 

### Bureau of the 

### New Mexico Environment Depaxtment 

### ("Department") to 

### Chino Mines Company pursuant to 

### the federal Clean Air Act ("federal Act"), the New Mexico Air Quality 

### Control Act 

# C'state Act") and regulations adopted pursuant to the state and 

### federal Acts, including Title 20, New Mexico Administrative Code, Chapter 

### 2, Part 70 (20.2.70 NMAC)

- Operating Permits. This permit authorizes the operation of this facility 

### located at 

### U1M Zone 

### 12, UTMH 772.0 km 

### UTMV 

### 3620.0 km, near Hurley, New Mexico in 

### Grant County. This permit is 

### valid only for the 

### named permittee, owner, and operator. A permit modification is

# (



# C .

c 

## State of New Mexico 

## ENVIRONMENT DEPARTMENT Air Quality Blll'eau



### 2048 Galisteo 

### St.

I!ILL RICHARDSON

Governor 

### Santa Fe, NM 87505 Phone 

### (505) 827-1494



### Fax (505) 827-1523 

### www.nmenv.state.nmus

Certified 

### Mail No: 

### 7004 0750 0001 3312 7028 

### Retmn Receipt Requested
OPERATING PERMIT NO: P066Rl 

### Tempo/IDEA ID No.: 526-PRT20040001 AIRS No. 35-017-00001 

### FACILI1Y NAME: Chino Mine- Hurley 

### Facility
PERMITTEE: Chino 

### Mines Company POBox7 Hurley, 

### NM 88043
RESPONSmLE COMPANY OFFICIAL: David F. 

### Rhoades Air Permit Contact: Timothy E. 

### Eastep 

### ISSUED BY: New Mexico Environment Department



### Mary 

### Ubi Bureau Chief 

### Air Quality Bureau
INTRODUCTION 

### Date 

### ofissuance RON CURRY Secretary
CINOY PADILLA Deputy Secretary



### Operating Pennit Number P066Rl 

## is issued by tbe 

### Air Quality Bureau of tbe New Mexico Environment Department (''Department") to Chino Mines Company pursuant to tbe federal Clean 

### Air Act ("federal Act"), tbe New Mexico 

### Air Quality Control Act ("state Act") and regulations adopted pursuant to 

### tbe state and federal Acts, including Title 20, New Mexico Administrative Code, Chapter 2, Part 70 (20.2.70 NMAC)

- Operating Pennits. This pennit authorizes tbe operation of this facility located at 

### U1M Zone 12, UTMH 772.0 

### km UTMV 3620.0 

### km, near Hurley, New Mexico in Grant County.
This pennit is valid only for tbe 

### named pennittee, owner, and operator. A pennit modification is 

# ()

# ( Permit No: P066Rl Page: 2of23
required to change any of those entities. This 

### facility is a support facility for mining operations. The major processes associated with 

### the facility are power generation, copper ore mining, copper ore concentration, and concentrated ore storage 

### and transportation via conveyors 

### and 

## rail.
This 

### renewal consists of removal of all 

### equipment associated with the former Hurley smelter, combining the remaining Hurley Facility operations (power plant and filter plant, NSR 0376M5R4, R3, R2, Rl, M4, M3, M2) and the Ivanhoe Concentrator (NSR 0298M3 & 

### M4Rl, M4R2) into this permit. The term ofthis permit is five (5) years. It will expire five years 

### from the date ofissuance, pursuant to 20.2.70.302.B NMAC. Application for renewal of

### this permit is due twelve (12) months prior to the date ofexpiration, pursuant to 20.2.70.300.B.2 NMAC. Pursuant to 20.2.70.302.A.l NMAC, the Department specifies with 

### this permit, terms 

### and conditions upon the operation of this facility to assure compliance with 

### all 

### applicable requirements, as defined in 

### 20.2.70 NMAC at the time this permit is issued.
Pursuant to the New Mexico Air 

### Quality Control Act NMSA 1978, Chapter 74, Article 2, all terms and conditions in this permit, including any provisions designed to limit this facility's potential to emit, are enforceable by 

### the Department. Pursuant to 20.2.70.302.A.5 NMAC, all 

### tenns and conditions are enforceable by 

### the Administrator of the United States Environmental Protection Agency ("EPA") and citizens under the federal Act, unless the term or condition is specifically designated in this permit as not being enforceable under the 

### federal Act.


### PERMIT SIDELD Pursuant to 20.2.70.302.1 NMAC, compliance with the conditions of

### this permit shall be deemed to be compliance with any applicable requirements existing as of the 

### date of permit issuance and identified in Table A.

### I ofAppendix A. The requirements in Table A.

### I are applicable to this facility with specific requirements 

## identified for individual emission units. The Department has 

### detennined that the requirements in Table A.2 ofAppendix A as identified in the permit application are not applicable to this source, or they do not impose any conditions in this permit. This permit shield does not extend to administrative amendments, to minor permit modifications, to changes made under Section 502(b)(10) ofthe federal Act, or to permit terms for 

### which notice has 

### been given to reopen orrevoke all 

### or part.

### Permit No: P066Rl Page: 3 of23



### TOTAL POTENTIAL EMISSIONS
The total potential emissions from this facility, excluding insignificant or ttivial activities, are shown in the following table. Emission limitations for individual 

### units are shown in section 3.2.
Table 1, Total Potential Criteria Pollutant Emissions from Entire Facility (for information only, not an enforceable condition):

Pollutant Emissions (tons per year) Nitrogen Oxides (NOx) 185.5 Carbon Monoxide (CO) 93.3 Volatile Organic Compounds (VOC) 15.1 

### Sulfur Dioxide 

### (S02) 1.9 Particulate Matter (total suspended) 62.0 Particulate Matter (10 microns or less) 48.5

Table 2, Total Potential HAPS that exceed 0.5 ton per year (for information only, not an enforceable condition):

Pollutant Emissions (tons per year) None greater than 0.5 tpy



### PERMIT TERMS AND CONDIDONS 1.0 GENERAL CONDIDONS 1.1 The following permit terms and conditions are placed 

### upon the permittee 

### in accordance with 20.2.70.30l.B NMAC and 20.2.70.302.A2 NMAC.
I .1.1 The permittee shall abide by all terms and conditions ofthis permit, except 

### as allowed under Section 502(bXlO) of the federal Act, and 20.2.70.302.H.1 NMAC. Any permit noncompliance is grounds for enforcement action, and significant or repetitious noncompliance may result in termination of this permit Additionally, noncompliance with federally enforceable conditions of this permit constitutes a violation ofthe federal Act.
1.1.2 It 

### shall not be a defense for the permittee in an enforcement action to 

### claim that it would have been necessary to halt or reduce the permitted activity in order to 

### maintain compliance with the conditions ofthis permit
1.1.3 If the Department determines 

### that cause exists to 

### modify, reopen and revise, revoke and reissue, or terminate this permit, this 

### shall be 

### done in accordance with 20.2.70.405 NMAC.

# (



# ( Permit No: P066Rl Page: 4 of23

1.1.4 The pennittee 

### shall fumish any 

### information the Department requests in writing to determine if cause exists for reopening and revising, revoking and reissuing, or terminating the 

### permit, or to 

### determine compliance with the pennit. This information 

### shall be fumished within the time period specified by the Department. Additionally, the permittee shall furnish, upon 

### request by 

### the 

### Department, copies ofrecords required by 

### the permit to be maintained by the permittee. l.l.5 A request by the pennittee that 

### this permit be modified, revoked and reissued, or terminated, or a notification by the pennittee ofplanned changes or anticipated noncompliance, shall not stay 

### any conditions ofthis permit. 

### 1.1.6 This permit does not convey property rights ofany sort, or any 

### exclusive privilege. l.l. 7 In the 

### case where an applicant or pennittee has submitted information to the 

### Department under a claim of confidentiality, the 

### Department may also require the 

### applicant or pennittee to 

### submit a copy ofsuch information directly 

### to the Administrator ofthe EPA. 1.2 The issuance ofthis pennit, or the filing or approval ofa compliance plan, does not relieve the 

### permittee from civil or criminal liability for failure to 

### comply with 

### the 

### state or federal Acts, or any 

### applicable state or federal regulation or law. This condition is pursuant 

### to 20.2.70.302.A.6 NMAC and the 

### New Mexico Air 

### Quality Control Act NMSA 1978, Chapter 74, Article 2. 1.3 If any part 

### ofthis permit is challenged or held invalid, the remainder ofthe 

### pennit terms 

### and conditions are not affected and the pennittee 

### shall continue to 

### abide by them. This condition is pursuant to 20.2.70.302.A.l.d NMAC. 1.4 The permittee shall pay fees to 

### the Department consistent with the 

### fee schedule in 20.2.7l NMAC

- Operating Permit Emission Fees. The fees will be assessed and invoiced sepamtely from 

### this permit This condition is pursuant to 20.2.70.302.A.l.e NMAC. 1.5 A responsible official (as defined in 20.2.70 NMAC) shall certify the 

### accuracy, truth and 

### completeness ofevery report and compliance certification submitted to the Department as required by this pennit. These certifications shall be part 

### ofeach document. This condition is pursuant to 20.2.70.300.E NMAC. 1.6 Revocation or termination ofthis permit by the Department terminates the 

### permittee's right 

### to operate this facility. This condition is pursuant to 20.2. 70.201.B NMAC. 1.7 The permittee shall submit an emissions inventory for this facility annually. The emissions inventory shall 

### be submitted by the later ofApril I or within 90 days after the Department makes such request. This condition is pursuant to 20.2.73 NMAC and 20.2.70.302.A.l NMAC. 1.8 The source will continue to comply with all applicable requirements. For applicable

### Permit No: P066Rl Page:S of23
requirements that will become effective during the term 

### of the 

### permit, 

### the source 

### will meet 

### such requirements on a timely 

### basis. This condition 

### is pursuant to 

### sections 300.D.ll.c 

### and 302.0.3 of 20.2.70 NMAC. 1.9 Compliance with 

### this operating permit 

### is sufficient to comply with all NSR permits 

### listed 

### in Table A.l. 

### This condition 

### is pursuant to 

### 20.2.70.302.A.l NMAC.

:Z.O FACILITY 

### INFORMATION The following conditions are placed upon the permittee pursuant 

### to 20.2.70.302.A.7 NMAC and 

### NSRPermits 0376MSR4, 

### R3, R2, Rl, M4, M3, and 

### M2; 0298M3, M4Rl, andM4R2. 2.1 All ofthe 

### process equipment authorized for this facility is 

### listed in the table(s) 

### shown below (emission units 

### that were identified 

### as insignificant or trivial, and 

### equipment not regulated pursuant to 

### the Act are not included): 

### Table :Z.l Power Plant and Filter Plant· 

# . Emission Unit Equipment Type Equipment Manufacturer Serial No. &Model Number F-1-1-4.1 Conveyor NIA NIA F-1-1-4.2 Conveyor NIA N/A F-1-1-4.3 Conveyor N/A NIA F-1-1-4.4 Conveyor N/A N/A F-1-1-4.5 Conveyor N/A N/A F-1-3-2 Loading/Unloading Rack NIA N/A F-2-1-1.4 

### 4SS MMBtulbr, 37.SMW, 

### Gas Westinghouse, Model W2Sl TBD Turbine Bl2 Heat Recovery Steam Generator F-2-1-1.5 w/48.8 MMBtulhr 

### Gas-Fu-ed Nooter!Ericksen, Model TBD TBD 

### Duct Burner Mise Fugitives- Fugitives N/A NIA all areas 

### Nl 

### A means Not Appbcable; TBD means To Be Detenruned. 

### Tbi211R l dE.



### a e 

# . . <eJ!UJate tqwpmen 

### tr. 

### th I nh 

### C 

### or e va 

### oe 

### trt a or one en Unit# DescriPtion Capacity Construction date
IC-01 Molybdenum heater treater (electric heat, 

### w/ NIA Prior to 1994 wet scrubber) CV-OIA Coarse ore stockpile conveyer flight #I 3750TPH Prior to 1994 CV-OIB Coarse ore stockpile conveyer flight #2 3750TPH Prior to 1994 

# (



# (

### Permit No: P066Rl Page: 6 of23

Unit# Description Capacity Construction date PC-01 Primwy Crusher 3360TPH Prior to 1994 CTS-01 Conveyer Transfer System and associated 3360TPH Prior to 1994 controls (enclosed) CV-OIC Coarse Ore Conveyer Transfer 3360TPH Prior to 1994 SAG-FI SAG Mill Feeders 3300TPH Prior to 

### 1994 LUS-01 Lime Unloading System and associated 45.4TPH Prior to 1994 controls (wet scrubber) LHS-01 Lime Handling System and associated 45.4 TPH Prior to 1994 controls (wet scrubber) PCBH-01 Primarv crusher baldtouse NA Prior to 1994

2.2 All the pollution control equipment required for this facility is listed in the table shown below. Each emission point is identified by the same number that was assigned to it in the permit application: 

### T bl 22 E ' ' C t 

### IE t



### a e


# . '· IDISSIOD 

### on ro 'Quipmen: Control Control Equipment Type 

### Control Equipment Mfg & 

### model Control For Unit No. (or equivalent) Unit(s) N/A Filter Plant- Conveyor Covered Belts with High moisture F-1-1-4.1 thru 

### Belts Concentrate F-1-1-4.5 PCB H-OI Concentrator- Primary Ecolaire #625-4 PC-01 Crusher Bal!:house N/A Concentrator- Moly Heat Ducon, Model TBD Moly Heat Treater Wet Scrubber Treater Concentrator

- Lime LUS-01 Unloading System Wet Emtrol, Model TBD LUS-01 Scrubber Concentrator

- Lime LHS-01 Handling System Wet Emtrol, Model TBD LHS-01 Scrubber
lbis control equipment is located within the facility at the following places and serves the following functions: particulate emissions 

### are controlled through out the entire operation by covered conveyor belts.



### 3.0 REQUIREMENTS FOR INDIVIDUAL 

### EMISSIONS UNITS
Information regarding applicable requirements, emission limits, operational limitations and requirements, work practices, and monitoring, testing and recordkeeping requirements is provided below for each emissions unit or set ofsimilar units.

### (



# ( Permit No: P066Rl Page: 7 of23

3.1 Applicable Requirements All applicable requirements for this facility are listed 

### in Appendix A , Table 

### A.l. This condition is pursuant to 20.2.70.302

.A.l NMAC.
3.2 Emissions Limits Table 3.2 lists the emi ssion units, and their allowable emission limit s. This condition 

### is pursuant to 

### 40CFR50, Paragraphs l , 7 and 8 of20.2.70.302.A 

### NMAC and 

### NSR Permits 0376M2, 

### M4 and 0298M3

.

F-2-1-l.S 42.3 185

.5 2 1.3 93.3 3.4 15

. 1 0.43

PCB 11-01

0

. 1

. 032 .0 14 .0 14 LSH-0 1 .001

.0001 .001

.0001 Total 185

.5 93 .3 IS

.l 25.6 20.3 Allowables

.. 

# * Pounds per hour/tons per year 

# ** Total Allowables are for infonnation, not enforceable conditi ons, and used to determine 

### annual Operating Fees. 1.92

1.9



### ***Emission Limits forF-2- 1-1.5 represent the combined total emissions ofunits F-2-1

- 1.4 and F2- 1

- 1.5. 

### T bl

a e 3.2.1 Performance Stan s or Iva oe oncentra tor**~<** 

### uipment dard 

### £ nh 

# c E Unit Grain Loadiog Opacity Molybdenum heater treater (electric heat, 0.022 gldscf 

### NA w/ wet scrubber ) PCB 

### H-OI (Primary crusher baghouse) 0.022 g/dscf 7% (CTS-0 I) Conveyer Transfer systems NAINA 10% SAG-Fl Mill Feeders 

### NAINA 10%


### 3.2. 1 Nitrogen Dioxide Emissions for Turbines: To comply with NSPS Subpart GG, the exhaust

# (



# c Permit No: P066Rl Page: 8of23

gases to the atmosphere :from the turbine shall not contain nitrogen oxides (NOx) in excess of 184 parts 

### per million by volume at 15 percent oxygen on a 

### dry basis. Nitrogen oxide emissions include all oxides of nitrogen expressed as NOz. This condition was brought forward from NSR Permit 376M4, Condition 2.g.
3.2.2 Sulfur Dioxide Emissions for Turbines: To comply with NSPS Subpart GG, the exhaust gases to the atmosphere from the turbine shall not contain sulfur dioxide in excess of0.015 percent by volume at 15 percent oxygen and on a 

### dry basis, 

## m: the fuel burned in the turbine shall not contain sulfur in excess of0.8 percent by weight. This condition was brought forward from NSR Permit 376M4, Condition 2.h.
3.3 Operational Requirements 

### This condition is pursuant to 

### Paragraphs 1, 7 and 8 of20.2.70.302.A NMAC.
3.3.1 At the Ivanhoe Concentrator, the production rate of 

### the concentrating circuit shall not exceed an annual average of 60,000 tons per day. The maximum single hourly production rate through the concentrator circuit shall not exceed 3,300 tons per hour. 

### The maximum daily throughput for the ciUSher system shall not exceed 80,640 tons per day. 

### This condition was brought forward from NSR 0298M3, Condition I.e.
3.3.2 The Ivanhoe Concentrator operation is authorized to operate 24 hours per day, 7 days per week, and 52 weeks per year for a total of 8,760 hours per year. This condition was brought forward from NSR 0298M3, Condition !.d.
3.4 Emissions Monitoring and Testing Requirements 

### The conditions of Section 3.4 are pursuant to 20.2.70.302.C NMAC and NSR Permits 0376M4 and0298M3.
3.4.1 General Monitoring Requirements
3.4.1.1 The following monitoring and/or testing requirements shall be used to determine compliance with applicable requirements and emission limits. Any sampling, whether by portable analyzer or EPA reference method, that measures an emission rate over the applicable averaging period greater 

### than an emission limit in this permit constitutes noncompliance with this permit. The Department may require, at its discretion, additional tests pursuant to EPA Reference Methods at any time, including when sampling by portable analyzer measures an emission rate greater 

### than an emission limit in this permit; but such requirement shall not be construed as a determination that the sampling by portable analyzer does not establish noncompliance with this permit and shall not stay enforcement of such noncompliance based on the sampling by 

### portable analyzer.
3.4.1.2 If the emission unit is shutdown at the time when periodic monitoring is due to 

### be accomplished, the permittee is not required to restart the unit for the sole purpose ofperforming

### Pennit No: P066Rl Page: 9 of23

the monitoring. Using electronic or written mail, the permittee shall notify the Department's Enforcement Section of a delay in emission tests prior to the deadline for accomplishing the tests. Upon recommencing operation, the permittee shall submit any pertinent pre-test notification requirements set forth in the current version ofthe Department's Standard Operating Procedures For Use Of Portable Analyzers in Performance Test, and shall accomplish the monitoring. 3.4.1.3 The requirement for monitoring during any monitoring period is based on the percentage oftime that the unit has operated as follows: 3.4.1.3.1 If the emission unit has operated for more than 25% of a monitoring period, then 

### the permittee shall conduct monitoring during that period. 3.4.1.3.2 If the emission unit has operated for 25% or less of a monitoring period then the monitoring is not required. After two successive periods without monitoring, the permittee shall conduct monitoring during the next period regardless of the time operated during that period, except that for any monitoring period in which a unit has operated for less 

### than I0% of the monitoring period, the period will not be considered as one ofthe two 

### successive periods. 

# (

3.4.1.3.3 A minimum of one of each type of monitoring activity shall be conducted during the (" ) five-year term ofthis permit. 3.4.1.4 The permittee is not required to report a deviation for any monitoring or testing in section 3.4.2 if 

### the deviation was authorized in the General Monitoring Requirements section 3.4.1. 3.4.1.5 For all periodic monitoring events, except when a federal or state regulation 

### is more stringent, three test runs shall be conducted at 90% or greater ofthe full normal load as stated in this permit, or in the permit application if not in the permit, and at additional loads when requested by the Department. 

### If the 90% load cannot be achieved, the monitoring will be conducted at the maximum achievable load under prevailing operating conditions except when a federal or state regulation requires more restrictive test conditions. The load and the parameters used to calculate it shall be recorded to document operating conditions and shall be included with the monitoring report that is required to be furnished to the Department. 3.4. I .6 When requested by the Department, the permittee shall provide schedules oftesting and monitoring activities. Compliance tests from previous NSR and Title V permits may be reimposed if it is deemed necessary by the Department to determine whether the source is in compliance with applicable regulations or permit conditions. 3.4.1.7 Monitoring shall become effective 120 days after the date of pennit issuance if 

### the monitoring is new or in addition to monitoring imposed by an existing applicable requirement. ( Any pre-existing monitoring requirements incorporated in this permit shall continue to be in ··

### Pennit No: P066Rl Page: 

### 10 of23

force from the date of permit issuance.
3.4.1.8 Startup, Shutdown and Malfunction Conditions: For operations and equipment subject to 40CFR60, excess emissions, or operations under startup, shutdown, or malfunction shall be addressed 

### in accordance with the requirements of 40CFR60.7(c) or 40CFR60.8(c), as appropriate. This condition is pursuant to 20.2.70.302.A.l NMAC.
3.4.2 Unit Specific Monitoring Requirements: The following table lists emission units and their required monitoring. Descriptions ofrequired monitoring follow the table.

F-2-1-1.4 and F- Visible emissions 20.2.61 NMAC Opacity 3.4.2.1 2-1-1.5 Moo!torlag for T urblae.s 

### Maintenance and Emission Limits F-2-1-1.4 Repair Activities specified in 

### Table Maintenance and Repair 3.4.2.2 3.2 40 CFR 60.330, Specific requirements of F-2-1-1.4 NOx, 

### andS02 Subpart GG 

### and 40 CFR 60.330, Subpart 3.4.2.3 general provisions GG 

### and general in 

### Subpart A provisions in Subpart A F-2-1-1.4 Fuel Sulfur 40CFR60 Subpart Custom Fuel Monitoring 3.4.2.4 concentration GG,andNSR Schedule Attachment A 

### 376M4, Condition to NSR Permit 376M4 J.d. or Fuel Monitoring per 40 CFR 60, Subpart GG 

### F-2-1-1.5 Fuel Usage NSR 376M4, Meter fuel usage and 3.4.2.5 Condition 3.e. record daily

. MoaitorJog lorJvaaboe**Conceat~tor** JC-01, CV-OIA, CV-OIB, PC-01, 

### 40CFR60 Subpart Pressure drop across wet CfS-01, CV-OIC, 

### TSPandPM,o LL, andNSR scrubbers; liquid flow 3

.4.2.6 SAG-FI, LUS-01, 

### 298M3, Condition LHS-0 1, & PCB 

### 2.b. rate for wet scrubbers H-01 

### Note: The numbering ofconditions 

### in 

### this table are in the same sequence for the next three major Sections ofthe permit: Monitoring, Recordkeeping, and Reporting.
3.4.2.J 

### Opacity Monitoring (For Units F-2-1-1.4 and F-2-1- 1 .5): 

### Use of 

### pipeline quality natural

### Permit No: P066R1 Page: 11 of23

gas fuel or natural gas liquids constitutes compliance with 20.2.61 NMAC unless opacity exceeds 20%. At such time as fuel other than pipeline quality natural gas or natural gas liquids is used, opacity shall be measured in accordance with the procedures at 40CFR60, Appendix A, Method 9. Opacity measurements shall continue on a quarterly basis per calendar year for each effected unit until such time as pipeline quality natural gas or natural gas liquids are used. 3.4.2.1.1 Pipeline quality natural gas is defined as a naturally occurring fluid mixture of hydrocarbons that contains 20.0 grains or less oftotal sulfur per 100 standard cubic feet (set) and is either composed ofat least 70% methane by volume or has a gross calorific value between 950 and 1100 Btu per standard cubic foot. 3.4.2.1.2 For the purposes of Condition 3.4.2.1 ofthis permit, ''natural gas liquids" means those substances meeting the definition in 40 CFR 60.631. 3.4.2.2 Maintenance and Repair Monitoring (For Turbine, Unit F-2-1-1.4): Maintenance and repair shall meet the minimum manufacturer's or permittee's recommended maintenance schedule. Maintenance and repair activities that involve adjustment, replacement, or repair of functional components with the potential to affect operation of an emission unit shall be documented as they occur for the following events. a) Routine Maintenance that takes a unit out of service for more than two hours during any twenty-four hour period. b) Unscheduled repairs that require a unit to be taken out ofservice for more than two hours in any twenty-four hour period. 3.4.2.3 Monitoring Requirements (for Turbine, Unit F-2-1-1.4): This condition 

### was brought forward from NSR Permit 0376M4, Condition 3.a, 3.b, and 3.c. a) A continuous emissions monitoring system (CEMS) shall be installed and operated to measure the oxides ofnitrogen (NOx) and oxygen (02) 

### concentrations (ppmv) in the exhaust gas ofthe turbine (Unit F-2-1-1.4) and HRSG (Unit F-2-1-1.5). Monitoring for the turbine and HRSG shall meet the requirements of 40 CFR, Part 60, Section 60.13

- Monitoring requirements. The CEMS shall obtain a reading of the NOx and 

### 0 2 

### concentrations at least once every fifteen ( 15) minutes. A 

### flow measurement device shall be 

### installed to accurately measure the exhaust flow rates at various load rates during performance testing. This shall be achieved by: 

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# (:

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# c Permit No: P066Rl Page: 12 of23

• a pitot tube, or • multiple pitot tubes, as necessary, or • EPA Reference Method 19 to determine exhaust flow, or • an equivalent flow measurement device The output of the CEMS shall be (1) in ppmv ofNOx and %02 at actual stack conditions and (2) in pounds per hour (pph) ofNOx. The CEMS shall be installed, certified and tested in accordance with NSR Permit 376M4, Condition 6. Certification for the NOx monitor shall be done according to 40 CFR 60, Appendix B, Performance Specification 2 and for the**~** 

### monitor according to 40 CFR 60, Appendix B, Performance Specification 3. b) All required continuous emissions monitoring equipment shall have a minimum data capture rate of ninety percent (90%) per calendar month. The data capture rate is defmed as the amount oftime the equipment generates the required data divided by the time the unit is in operation. The 10% non-capture residual is intended for periods of malfunction, calibration, or adjustment. c) In the event that the 90% data capture rate cannot be met due to analyzer malfunction, an emission factor derived from the initial compliance test, along with fuel flow data, may be used to measure NOx emissions from the turbine and HSRG upon approval from the Department. 3.4.2.4 To comply with the fuel monitoring requirements of NSPS Subpart GG, the permittee may use the custom fuel monitoring schedule contained in Attachment A. 

### However, if the conditions ofthe custom schedule cannot be met, the permittee shall revert to the fuel monitoring requirements of NSPS Subpart GG, 60.334(h). This condition was brought forward from NSR Permit 0376M4, Condition 3.d. Monitoring of fuel nitrogen content shall not be required while natural gas is the only fuel fired in the gas turbines as per USEPA document EMTIC GD-009 (March 12, 1990). The permittee shall comply with all applicable NSPS monitoring, record keeping, and reporting requirements as specified in 40 CFR 60.334 -Monitoring ofoperations. 3.4.2.5 Fuel usage by the HRSG (Unit F-2-1-1.5) duct burner shall be monitored with a fuel meter and recorded daily. This condition was brought forward from NSR Permit 0376M4, Condition 3.e. 3.4.2.5.1 Measurements from the NOx CEM, initial compliance test results, and fuel usage shall be used to tabulate a monthly emission rate to establish a twelve ( 12) month rolling average for the NOx emissions limitation for the turbine and HRSG (Unit F-2-1-1.5) in Condition 3.2,

## ( Permit No: P066Rl Page: 13 of23

Emission Limits. This condition was brought forward from NSR Permit 0376M4, Condition 3.k. 3.4.2.6 Monitoring for 40CFR60, Subpart LL Compliance (Ivanhoe Facility): Any facility regulated by this permit, using a wet scrubber, shall be equipped with pressure gauges to measure pressure drop across the control device. Wet scrubbing systems shall be equipped with a continuous monitoring device to measure the scrubbing liquid flow rate. Pressure gauges and monitoring devices shall be installed, calibrated, maintained, and operated in accordance with the manufacturer specifications. Compliance with this will be based on Department inspections of the facility to verify that instruments have been installed and of the records as set forth in 40CFR60, Subpart LL. This condition was brought forward from NSR 0298M3, Condition 2.b.

4.0 RECORDKEEPING 

### Conditions of4.0 are pursuant to 20.2.70.302.D NMAC.
4.1 General Recordkeeping Requirements: Conditions of4.1 are pursuant to 20.2.70.302.D.l NMAC.
4.1.1 All sampling and measured data required by this permit for the emissions units in this facility shall be recorded. The minimum information to be included in these records is: 4.1.1.1 equipment identification (include make, model and serial number for all tested equipment and emission controls), 4.1.1.2 date, and time of sampling or measurements, 4.1.1.3 date analyses were performed, 4.1.1.4 the company or entity that performed the analyses, 4.1.1.5 analytical or test methods used, 4.1.1.6 results ofanalyses or tests, 4.1.1.7 operating conditions existing at the time ofsampling or measurement. 4.1.2 The permittee shall keep copies of all monitoring and measurement data, equipment calibration and maintenance records, Data Acquisition and Handling System (DAHS) if used, other supporting information, and reports required by this permit for at least five (5) years from the time the data was gathered or the reports written. Each record shall show clearly to which emissions unit and/or piece of monitoring equipment it applies, and the date the data was gathered. This condition is pursuant to 20.2.70.302.D.2 NMAC. 4.1.3 The permittee shall keep a record describing offpermit changes made at this source that result in emissions of a regulated air 

### pollutant subject to an applicable requirement, but not otherwise regulated under this permit, and the emissions resulting from those changes. This condition is pursuant to 20.2.70.302.!.2 NMAC.
4.2 Unit Specific Recordkeeping Requirements: 

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# c

'( Permit No: P066Rl Page: 14 of23

Conditions are pursuant to Subsection C and Paragraph D(l) of20.2.70.302 NMAC.
4.2.1 Opacity Recordkeeping (For Units F-2-1-1.4 and F-2-1-1.5): The permittee shall record dates and duration of use of any fuels other than pipeline quality natural gas or natural gas liquids and the corresponding opacity measurements. 4.2.2 Maintenance and Repair Activities Recordkeeping (For Turbine, Unit F-2-1-1.4): Records of maintenance and repair activities shall be maintained. Records of maintenance and repair activities shall include identification ofemission units and the work involved.
4.2.3 40CFR60.334, Subpart GG Recordkeeping (For Turbine, Unit F-2-1-1.4): Turbines subject to NSPS Subpart GG shall comply with the recordkeeping requirements of 40 CFR 60.334 and 40 CFR 60.7
4.2.4 Records ofthe fuel usage and hours of operation ofthe Westinghouse turbine (Unit F-2-1- 1.4). This condition was brought forward from NSR Permit 0376M4, Condition 4.f.
4.2.5 Records of the fuel usage and hours of operation of the Nooter!Ericksen Heat Recovery Steam Generator duct burner, monitored and recorded daily. This condition was brought forward from NSR Permit 0376M4, Condition 4.g.
4.2.6 Recordkeeping for 40CFR60, Subpart LL Compliance (Ivanhoe Facility): The permittee shall comply with the notification and record keeping requirements as set 

### forth in 40CFR60, Subpart LL shown here: a) The Owner/Operator shall submit a written report ofthe results ofthe perfonnance tests as specified in 40 CFR §60.8(a). b) The Owner/Operator shall record the measurements ofchange in pressure ofthe gas stream across the scrubber and scrubbing fluid flow rate weekly. c) The Owner/Operator shall submit semiannual reports ofoccurrences when the measurements ofthe scrubber pressure loss (or gain) or liquid flow rate differ by more 

### than ±30% from the average obtained from the most recent performance test. These reports shall be postmarked within 30 days following the end ofJune and December.

5.0 

### REPORTING Conditions of5.0 are pursuant to 20.2.70.302.E NMAC. 5.1 General Reporting Requirements:
5.1.1 Reports shall clearly identifY the subject equipment showing the emission unit ID number according to the operating permit. In addition, all instances of deviations from permit requirements, including those that occur during emergencies, shall be clearly identified in the

### Pennit No: P066Rl Page: 15 of23
required reports. Reports of all required monitoring activities for this facility shall be submitted to the Department on the following schedule. 1bis condition is pursuant to 20.2.70.302.E.l NMAC. Table 5.1.1, Schedule**ofMonitorin~t** 

### Activity Report Submittal:

Report for Emissions Unit Nos. Submittal Date F-2-1-1.4 and F-2-1-1.5, and Within 45 days following the end ofevery 6-month Ivanhoe units identified in Table period following the issuance date ofpennit P066, July 2.1.1 25,2000.

5.1.2 The pennittee shall submit reports of all deviations (including emergencies) from pennit requirements to the Department. The pennittee shall communicate initial notice ofthe deviation to the Department within twenty-four (24) hours ofthe start ofthe first business day following the discovery ofthe occurrence via telephone or facsimile. Within ten (10) calendar days ofthe start of the first business day following the discovery of the occurrence, written notice shall be submitted to the Department using the Department's Excess Emissions Form currently in use at time ofdiscovery. This condition is pursuant to 20.2.70.302.E.2 NMAC. 

# (

5.1.3 At such time as new units are installed as authorized by NSR pennit 0376M4, 0298M3, 

# c0298M4Rl, the permittee shall fulfill the notification requirements of condition 1 (Reporting) of the General Conditions in the NSR pennit. 5.2 Unit Specific Monitoring Reports: Conditions of5.2 are pursuant to 20.2.70.302.E NMAC. 5.2.1 Opacity Reporting (For Units F-2-1-1.4 and F-2-1-1.5): The permittee shall report dates and duration ofuse of any fuels other than pipeline quality natural gas or natural gas liquids and the corresponding opacity measurements. 5.2.2 Maintenance and Repair Reporting (For Turbine, Unit F-2-1-1.4): These reports shall include a summary ofthe activities in section 4.2.2. 5.2.3 40CFR60.334, Subpart GG Reporting (For Turbine, Unit F-2-l-1.4):Turbines subject to NSPS Subpart GG (40 CFR 60.330) shall comply with the reporting requirements of 40 CFR 60.7. 5.2.4 and 5.2.5 Fuel Usage Reporting ( For Turbine, Units F-2-1-1.4 and F-2-1-1.5): The pennittee shall report the semi-annual results of hours of operation, and estimated emission rate based on fuel usage and compliance test results of the turbine (Unit F-2-1-1.4) and HSRG's (Unit F-2-1-1.5) twelve (12) month rolling average NOx emission limit. This condition was ' brought forward from NSR Pennit 0376M4, Condition 5.1, and revised. ( ,

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# :( Permit No: P066Rl Page: 16 of23

5.2.6 Reporting for 40CFR60, Subpart LL Compliance (Ivanhoe Facility): The permittee shall submit reports as required by 40CFR60, Subpart A and/or Subpart LL. This condition 

### was brought forward :from NSR 0298M3, Condition 

### 9.



### 6.0 COMPLIANCE
6.1 The conditions of Section 6.1 are pursuant to 20.2.70.302.E.3 NMAC. The permittee shall submit compliance certification reports certifying 

### the compliance status of this facility with respect to all permit terms and conditions, including applicable requirements. These reports shall be made on the current version of 

### the Department's Compliance Certification Report Form (example attached to this permit) and submitted to the Department and to EPA at least every 12 months. This report is due no later than 

### 30 days after each anniversary date 

### ofthe first issued operating permit, P066, July 

### 25, 2000.
6.1.1 For sources that have submitted air dispersion modeling that demonstrates compliance with state 

### and federal ambient 

### air quality standards, in accordance with 20.2.70.300.D.l 0 NMAC or 20.2.72.203.A.4 NMAC, compliance with the terms 

### and conditions of this permit regarding source emissions and operation shall 

### be deemed to 

### be compliance with state and federal ambient air quality standards (20.2.3NMAC NMAAQS and 40CFR50 NAAQS).
6.2 Conditions of 6.2 are pursuant to 20.2.70.302.G.l NMAC. The permittee 

### shall allow representatives ofthe Department, upon presentation ofcredentials and other documents as may 

### be required by law, to do the following:
6.2.1 enter 

### the permittee's premises where a source or emission unit is located, or where records that are required by this permit to 

### be maintained are kept,
6.2.2 have access 

### to and copy, at reasonable times, any records that are required by this permit to be maintained,
6.2.3 inspect any facilities, equipment (including monitoring and air pollution control equipment), work practices or operation regulated or required under the permit,
6.2.4 sample or monitor any substances or parameters for the purpose of assuring compliance with this permit or applicable requirements or as otherwise authorized by the federal Act.
6.3 A copy ofthis permit shall 

### be kept at the permitted facility and shall 

### be made available to Department personnel for inspection upon request. This condition is pursuant 

### to 20.2.70.302.G.3 NMAC.

### ( 

### Pennit No: P066Rl Page: 

### 17 of23

7.0 EMERGENCIES Conditions of7.0 are pursuant to 

### 20.2.70.304 NMAC.
7.I An 

### "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of the pennittee, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a teclmology-based emission limitation under the permit due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance, or careless or improper operation. 7.2 

### An emergency constitutes an affirmative defense to an action brought for noncompliance with teclmology-based emission limitations contained in this permit if the permittee has demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that: a) An 

### emergency occurred and that the permittee can identifY the cause(s) of the 

### emergency; b) This facility was at the time 

### being properly opemted; c) During the period of the emergency the pennittee took all reasonable 

### steps to 

### minimize levels ofemissions that exceeded the emission standards or other requirements 

### in this permit; d) The permittee fulfilled notification requirements under Condition 5.1.2 ofthis permit. This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken. 7.3 In any enforcement proceeding, the permittee seeking to 

### establish the occurrence of an emergency bas 

### the burden ofproof. 7.4 This provision is in addition to any emergency or upset provision contained in any applicable requirement.

8.0 PERMIT REOPENING AND REVOCATION 8.1 This permit will be reopened and revised when any one ofthe following conditions occurs, 

### and may 

### be revoked and reissued when 8.!.3 or 8.1.4 occurs. Conditions of 8.1 are pursuant to 

### 20.2.70.405.A.l NMAC. 8.1.1 Additional requirements under the federal Act become applicable to this source 

### three (3) 

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( Permit No: P066Rl Page: 1 8 of23

or more years before the expiration date ofthis permit. Ifthe effective date ofthe requirement is later than 

### the expiration date ofthis permit, then the permit is not required to be reopened unless the original permit or any ofits terms and conditions has been extended due to the Department's failure to take timely action on a request by the permittee to renew this permit. 8.1.2 Additional requirements, including excess emissions requirements, become applicable to this source under Title IV of the federal Act (the acid rain program). Upon approval by the Administrator, excess emissions offset plans will be incorporated into this permit.
8.1.3 The Department or the Administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the terms and conditions ofthe permit. 8.1.4 The Department or the Administrator determines that the permit must be revised or revoked and reissued to assure compliance with an applicable requirement.
8.2 Proceedings to reopen or revoke this permit shall affect only those parts of this permit for which cause to reopen or revoke exists. Emissions units for which permit conditions have been revoked shall not be operated until new permit conditions have been issued for them. This condition is pursuant to 20.2.70.405.A.2 NMAC.

9.0 STRATOSPHERIC OZONE 

### This condition is pursuant to 20.2.70.302.A.1 NMAC. 9.1 The permittee shall comply with the following standards for recycling and emissions reductions pursuant to 40CFR82, Subpart F:
9.1.1 Persons opening appliances for maintenance, service, repair, or disposal must comply with the required practices pursuant to subsection 82.156. 9.1.2 Equipment used during the maintenance, service, repair, or disposal of appliances must comply with the standards for recycling and recovery equipment pursuant to subsection 82.158. 9.1.3 Persons performing maintenance, service, repair, or disposal of appliances must be certified by an approved technician certification program pursuant to subsection 82.161. APPEAL PROCEDURES 

### Any person who participated in this permitting action before the Department and who is adversely affected by the action taken by 

### the Department concerning this permit, may file a petition for a hearing before the Environmental Improvement Board ('board"). The petition must be 

### made in 

### writing to the board within thirty 

### (30) days from the date notice is given ofthe Department's action.( 

### Permit No: P066Rl Page: 19 of23

This petition must specify the portions of the permitting action to which the petitioner objects and certify 

### that a copy ofthe petition has 

### been 

### mailed or band-delivered as required by 

### 20.2.70.403.A.2 NMAC; a copy ofthe permitting action for which review 

### is sought must be attached to the petition. Upon receipt of the appeal notice, the petitioner must 

### mail or deliver a copy of the petition to the Department, and to the applicant or permittee 

### if the petitioner is not the applicant/permittee. Requests for a hearing shall be 

### sent to: Secretary, New Mexico Environmental Improvement Board 1190 St Francis Drive, Runnels Bldg. P.O. Box26110 Santa Fe, New Mexico 87502
Unless a timely request for a hearing is made, the decision of the Department will be 

### final. If a timely request for hearing is made, the board will hold a hearing within sixty (60) days ofreceipt of the petition 

### in accordance with 

### the New Mexico 

### Air Quality Control Act NMSA 1978 

### § 74-2-7 and 20.2.70.403.A.3 NMAC. Any person who is adversely affected by an administrative action taken by the board pursuant to 20.2.70.403.A NMAC may appeal to the Court of Appeals 

### in accordance with New Mexico 

### Air Quality Control Act NMSA 1978 

### § 74-2-9. Petitions for judicial review must be filed no later 

### than thirty (30) days after the administrative action. This condition is pursuant to 

### 20.2.70.403.B NMAC and New Mexico 

### Air Quality Control Act NMSA 1978 

### § 74-2-9. 

### SUBMITTAL OF REPORTS AND CERTIFICATIONS
Test protocols, excess emission forms, test reports, compliance certification reports, monitoring results and reports, emissions sampling and measurement 

### data, monitoring activity reports, compliance schedule progress reports, and any other compliance status information required by this permit shall be 

### certified by the responsible official and submitted to: Program Manager, 

### Compliance 

### & Enforcement Section New Mexico Environment Department 

### Air Quality Bureau P.O.Box26110 Santa Fe, New Mexico 87502-0110
In accordance with 20.2.70.302.E.3 NMAC, Compliance Certifications Reports shall be 

### submitted to 

### the Administrator at the address below: Chief, Air Enforcement Section US EPA Region-6, 6EN-AA 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733

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# c· Permit No: P066Rl Page: 20 of23

Questions about this permit should be referred to Joe Kimbrell ofthe Air Quality Bureau in Santa Fe at (505) 955-8026. Copies ofthe following documents can be downloaded from the NMED web site at 

### URL bttp://www.nmenv.state.nm.us/aqb/permit/app_form.html 

### for your convenience, or requested from the Bureau.
Documents: I) 2) 3) 4) 

### 5) 6) 7) 

### Excess Emission Form (for reporting deviations and emergencies) Compliance Certification Report Form Acronyms SOP for Stack Test Protocol SOP for Use ofPortable Analyzers in Performance Tests SOP for Contents ofStack Test Reports Custom Fuel Monitoring Schedule Attachment APermit No: P066Rl Page: 21 of23

APPENDIX A
Table A.l: APPLICABLE REQUIREMENTS FOR TillS FACILITY The permittee shall comply with all applicable sections of the requirements listed 

### in the following table

# .

Applicable Requirements Federally Entire Unit Enforceable FadUty Nos. 20.2.7 NMAC- Excess Emissions during Malfunction X X Startup, Shutdown and Maintenance
20.2.22 NMAC

- Fugitive Particulate Matter Emissions from X X Roads Within the Town ofHurley

20.2.61.1 09 NMAC Control ofSmoke and Visible Emissions X 

### F-2-1-1.4, F-2- 1-1.5
20.2.70 NMAC Operating Permits X X
20.2.71 NMAC Operating Permit Emission Fees X X
Air Quality Bureau Permit No: NSRPermits 0376M5R4, R3, X X R2, Rl, M4, M3, M2; 0298M3 & M4RI, M4R2. 

# c

20.2.73 NMAC Notice oflntent and Emissions Inventory X X Requirements
40 CFR 50 National Ambient Air Quality Standards X X 40 CFR 60, General Provisions, Subpart A X X
40 CFR 60.48c, Subpart De, Standards ofperformance for Small Industrial-Commercial-Institutional Steam Generating X F-2-1-1.5 Units
40 CFR 60.330, Subpart GG, Stationary Gas Turbines X F-2-1-1.4 (I) CV·OIA, CV40 CFR 60.380, Subpart LL, Standards ofPerformance for OIB, PC-01, CTSMetallic Mineral Processing Plants X 01, CV-OIC, SAGFl, LUS-01, LHS01, & PCB H-OI 40 CFR 61 General Provisions Subpart A, and Subpart M, X X National Emission Standards for Asbestos. 40 CFR 82 Subpart F- Service, Maintenance and Repair ofAir X X Conditioners 

### (I) Apphes to Ivanhoe Concentrator eqwpment only. Apphes 

### to the Molybdenum heater treater (electric

# ( Permit No: P066Rl Page: 22 of23
powered), PCB H-01 (Primary crusher and baghouse) and other 

### units inclusively listed in 

### the permit.

### Permit No: P066Rl Page: 23 of 23

APPENDIX A Table A.2: The Department has determined that the following requirements identified in the permit application are not applicable requirements for this facility, or the requirement does not impose any conditions 

### in this permit.

Requirements identified in the Permit Application Not Applicable For No Requirements as applicable This Facility (1) 

### (2)
20.2.1 NMAC

- General Provisions (Sampling Equipment, Severability, Effective Date, and 

### X Conflicts) 20.2.2 NMAC Definitions 

### X
20.2.5 NMAC Source Surveillance 

### X
20.2.75 NMAC Permit Fees 

### X
20.2.72 NMAC Permits 

### X 

## I (I) No existing or planned operation/activity at this facility triggers the applicability of these ( "l requirements. (2) Although these regulations may provide guidance, they do not impose any specific requirements on the operation ofthe facility as described in this permit.

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Bill RICHARDSON GOIIERNOR



### January 6, 2006 

## State of 

## NewMexico 

## ENVIRONMENT DEPARTMENT Air Quality Bureau

2048 

## Galisteo St. Santa Fe, NM 87505 Phone (SOS) 827-1494

Fax (SOS) 

### 827-1523 www.nmenv.state.nm.us RON CURRY SECIIETARY DERRITH WA:rcHIIAN-MOORE DEPUTY SECIIETARY



### CERTIFIED 

## MAIL NO. 7004 0750 0001 3309 4801 

## RETURN RECEIPT REOUESTEP

Dennis Vaughn Environmental Engineer Chino Mines Co POBox? Hurley, NM 

### 88043

Dear Mr. Vaughn: Administrative Permit Revision 20.2.72.219.A.l NMAC NSR No. 0376-MSRJ IDEA ID No. 526- PRN20060001 Chino Mine AIRS 

### No. 350170001

Ibis letter is to acknowledge your letter of December 30, 2005 to revise Air 

### Quality Permit 0376-M5 (R2) 

### for Chino Mines Co, Chino Mine. Ibis revision is pursuant to Title 20 ofthe New Mexico Administrative Code Chapter 2 Part 72 (20.2.72 NMAC) Construction Permits Section 219.A.1. This revision consists of removing many permitted emission sources related to the dismantling of the smelter. 1he 

### emission units to be removed are associated with 

### the flash furnace, 

### the converters, the 

### anode, the acid plaot, and some ofthe power plant units. The request was 

### received by the New Mexico Environment Department's Air Quality 

### Bureau (Department) on January 4, 2006. A review ofthe information you submitted 

### confi:r:ms that the requirements specified in 20.2.72 NMAC, Construction Permits, Permit Processing and ReQuirements, Section 219.A are met. 20.2.72.219.A.3 NMAC specifies that administrative permit revisions become effective upon receipt ofthe notification by the Department This letter shall be 

### attached to Air 

### Quality Permit No. 0376-MS issued by the 

### Department on December 21, 2001 to serve as acknowledgment by the Department that 

### this administrative

# (



# (c 54672 Federal Register/Vel. 68, No. 181/Thursday, September 18, 2003/Rules and Regulations


### Exhibit 4.4d Bound Printed Matter Return Service Label

John Doe 123 Main Sl Washlnglon DC 20250 NO POSTAGE NECESSARY If MAILED IN THE UNITED STATES



# BPM RETURN SERVICE PARCEL RETURNS PERMIT NO. 12345 

### REnJRN BULK 

## MAll CTR 7600 ROOSEVELT RD FOREST PARK IL 60130-2296

421& 0130 1151 DZII 3133111111111110 15 

# II

We will publish an appropriate amendment to 39 CFR to reflect these changes. Stanley F. Mires, ChiefCounsel, Legislative. [FR Doc. 03-23917 Filed 9-17-03; 8:45am] Bft.UNG CODE 7710-12-C

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [NM-43-1-T&OOa; FRL-7556-7) Approval and Promulgation of lmplementaUon Plans; New Mexico; RedeslgneUon of Grant County to Attainment for Sulfur Dioxide AGENCY: Environmental Protection Agency (EPA). ACTlON: Direct final rule. SUMMARY: The EPA is taking direct final action on a request to redesignate Grant County, New Mexico from nonattairunent area to attainment for the sulfur dioxide (S0 2) National Ambient Air Quality Standards (NAAQS]. In conjunction with this action, EPA is also approving the maintenance plan, and its associated contingency measures plan for the Grant County nonattainment area, which were submitted to ensure that the attainment of SO, NAAQS will continue to be maintained. The redesignation request and maintenance and contingency measures plans were submitted as a revision to the New Mexico State Implementation Plan (SIP) by the New Mexico Environment Department (NMED) on February 21, 2003. We are approving these revisions in accordance with the requirements of the Federal Clean Air Act (Act). DATES: This rule is effective on November 17,2003 without further notice, unless EPA receives relevant adverse comment by October 20, 2003. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Comments may be submitted by mail to: Mr. Thomas Diggs (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202-2733. Comments may also be submitted electronically, by facsimile, or through hand delivery/ courier. Follow the detailed instructions as provided in the General Information section of this document. FOR FURTHER INFORMATION CONTACT: Carrie Paige, Air State and Tribal Operations Section (6PD-S),EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-6521, paige.carrie@epa.gav, or Alan Shar shar.alan@epa .gov. SUPPLEMENTARY INFORMATION: Table ofContents A. What Action is EPA Taking? B. Why was this SIP Revision Submitted? C. What is the NAAQS for SO,.? D. What is a SIP1 E. What is the Federal approval process for a SIP7 F. What does Federal approval of a SIP mean tome? G. What Requirements Must the State Meet for Approva1 ofa Redesignation and How Did the State Meet Them? Fina1 Action General Infonnation

Statutory and Executive Order Reviews Throughout this document ''we,'' "us," and "our" means EPA. A. What Action Is EPA Taking?

The EPA designated Grant County, New Mexico as nonattainment for violating the secondary S02 NAAQS on March 3, 1978, et43 FR 9016. On September 11, 1978, at 43 FR 40428. EPA designated Grant County, New Mexico as nonattairunent for violating

### 54673 Federal Register / Vol. 68, No. 181 / Thursday, September 18, 2003 / Rules and Regulations the primary SO2 NAAQS. Any area designated as not attaining the primary or secondary SO2 NAAQS as of the date of enactment of the 1990 Amendments was designated nonattainment for SO2 by operation of law upon enactment, pursuant to section 107(d)(1)(C)(i) of the Act (April 22, 1991, at 56 FR 16274).

On February 21, 2003, the Governor of New Mexico submitted to us a revision to the New Mexico SO2 SIP (February 21, 2003 submittal). The February 21, 2003 submittal specifically requested EPA to redesignate the portion of Grant County, New Mexico, located in the Air Quality Control Region (AQCR) No. 021, from nonattainment to attainment for the SO2 NAAQS. This particular portion of Grant County is restricted to a 3.5 mile radius around the Kennecott Copper Corporation (now owned by the Phelps Dodge Corporation and called the Hurley smelter) and land above 6470 feet Mean Sea Level within an 8 mile radius of the Hurley Smelter in Hurley, New Mexico. The air monitoring data for this area reveals values better than national standards for SO2. The February 21, 2003, submittal also included a maintenance plan for this area to ensure that attainment of the SO2 NAAQS will be maintained through permitting and the applicable SIP rules. The State also submitted a contingency measures plan that consists of monitoring measures.

In this document we are approving NMED’s request to redesignate the Grant County primary and secondary SO2 nonattainment areas to attainment of the SO2 NAAQS. We are also approving the maintenance plan and the contingency measures plan for this area into the New Mexico SO2 SIP. See our Technical Support Document (TSD) for additional information and our evaluation of this submittal. B. Why Was This SIP Revision Submitted?

The NMED believes that the Grant County area is now eligible for redesignation because EPA approved New Mexico’s SIP in 1982, and the SO2 monitors in the nonattainment area of Grant County have not recorded exceedances of either the primary or secondary SO2 NAAQS since 1979. C. What Is the NAAQS for SO2?

Under section 109 of the Act, EPA established the NAAQS to protect public health and welfare. The NAAQS address 6 criteria pollutants, which are carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide (SO2).

High concentrations of SO2 affect breathing and may aggravate existing respiratory and cardiovascular disease. Sensitive populations include asthmatics, individuals with bronchitis or emphysema, children and the elderly. SO2 is also a primary contributor to acid deposition or acid rain, which causes acidification of lakes and streams and can damage trees, crops, historic buildings and statues. In addition, sulfur compounds in the air contribute to visibility impairment in large parts of the country. This is especially noticeable in national parks.

Ambient SO2 results largely from stationary sources such as coal and oil combustion, steel mills, refineries, pulp and paper mills and from nonferrous smelters. There are 3 NAAQS for SO2:

—An annual arithmetic mean of 0.03

ppm (80 ug/m3);

—A 24-hour level of 0.14 ppm (365 ug/

m3); and

—A 3-hour level of 0.50 ppm (1300 ug/

m3). The first two standards are primary (health-related) standards, while the 3-hour NAAQS is a secondary (welfarerelated) standard. The annual mean standard is not to be exceeded, while the short-term standards are not to be exceeded more than once per year. Our TSD contains the ambient SO2 monitored values for the Grant County, New Mexico nonattainment area. D. What Is a SIP?

Section 110 of the Act requires states to develop air pollution regulations and control strategies to ensure that state air quality meets the NAAQS that EPA has established.

Each state must submit these regulations and control strategies to us for approval and incorporation into the federally enforceable SIP. Each federally approved SIP is designed to protect air quality. These SIPs can be extensive, containing state regulations or other enforceable documents and supporting information such as emission inventories, monitoring networks, and modeling demonstrations. E. What Is the Federal Approval Process for a SIP?

When a state wants to incorporate its regulations into the federally enforceable SIP, the state must formally adopt the regulations and control strategies consistent with state and Federal requirements. This process includes a public notice, a public hearing, a public comment period, and a formal adoption by a state-authorized rulemaking body.

Once a state adopts a rule, regulation, or control strategy, the state may submit the adopted provisions to us and request that we include these provisions in the federally enforceable SIP. We must then decide on an appropriate Federal action, provide public notice on this action, and seek additional public comment regarding this action. If we receive relevant adverse comments, we must address them prior to taking a final action.

Under section 110 of the Act, when we approve all state regulations and supporting information, those state regulations and supporting information become a part of the federally approved SIP. You can find records of these SIP actions in the Code of Federal Regulations (CFR) at Title 40, part 52, entitled ‘‘Approval and Promulgation of Implementation Plans. ’’The actual state regulations that we approved are not reproduced in their entirety in the CFR but are ‘‘incorporated by reference, ’’ which means that we have approved a given state regulation with a specific effective date. F. What Does Federal Approval of a SIP Mean to Me?

A state may enforce state regulations before and after we incorporate those regulations into a federally approved SIP. After we incorporate those regulations into a federally approved SIP, both EPA and the public may also take enforcement action against violators of these regulations. G. What Requirements Must the State Meet for Approval of a Redesignation and How Did the State Meet Them? 1. The State Must Show That the Area Is Attaining the Applicable NAAQS

An area is considered to be in attainment of the SO2 NAAQS provided that the primary and secondary standards have not been violated within the last three years. Grant County has had two monitors in place that have shown no violations since 1997; these monitors are in Bayard, NM and Hurley, NM. The monitor in Bayard has been in place since 1974 (and has shown no violations since 1979) and the monitor in Hurley has been in place since 1997. These monitors meet the requirements of 40 CFR Parts 53 and 58.

The monitor in Hurley is located in the area of highest concentration for SO2 within the nonattainment area, as studied by the EPA Regional Office and NMED before deployment of the monitor in 1997. The monitor was placed where modeling indicated the highest concentration was likely to occur. As a result of this modeling, NMED does not have to submit additional material reproving that the data is representative of the point of


### 54674 Federal Register / Vol. 68, No. 181 / Thursday, September 18, 2003 / Rules and Regulations highest concentration in the nonattainment area. 2. The SIP for the Area Must Be Fully Approved Under Section 110(k) of the Act and Must Satisfy All Requirements That Apply to the Area

The Grant County SO2 SIP revision was approved by EPA on May 5, 1982 (47 FR 19332) and contained limits pertaining to the sole source of SO2, the Hurley Smelter. The EPA approved changes to New Mexico’s SO2 plan for Grant County on September 26, 1997 (62 FR 50514). 3. The EPA Has Determined That the Improvement in Air Quality Is Due to Permanent and Enforceable Reductions in Emissions

Air quality improvement in the Grant County SO2 nonattainment area is attributed to the SO2 emission limits in the SIP and to the operating restrictions within the Title V permit imposed on the facility that contributed to the nonattainment status. Reductions in emissions are therefore permanent and enforceable. 4. The State Has Met All Applicable Requirements Under Section 110 and Part D of the Act That Were Applicable Prior to Submittal of the Complete Redesignation Request

The requirements under Section 110 and Part D are met with the prior approval of the SIP revisions for the source in the area in 1982, the approval of revisions in 1997 (62 FR 50514), and with the detailed study of the modeling generated by the NMED in 1997. 5. EPA Is Fully Approving a Maintenance Plan, Including a Contingency Plan, for the Area Under Section 175A of the Act Maintenance Plan

Section 175A of the Act requires states to submit a SIP revision which provides for the maintenance of the NAAQS in the area for at least 10 years after approval of the redesignation. The basic components needed to ensure proper maintenance of the NAAQS are: attainment inventory, maintenance demonstration, verification of continued attainment, ambient air monitoring network, and a contingency plan. a. Attainment Inventory

The state’s submittal contains the emission inventory of SO2 sources in the Grant County nonattainment area, dating back to 1997. It clearly shows that Grant County has not exceeded the SO2 NAAQS since 1997. b. Maintenance Demonstration and Verification of Continued Attainment

Maintenance of the SO2 NAAQS in the Grant County nonattainment area has been achieved through the SIP and Title V permit requirements. The SO2 emitting source involved in the Grant County SO2 redesignation (the Hurley Smelter) is meeting the SO2 emission limits identified in the SIP rules and permit. NMED will track themaintenance plan through the semiannual review of permit conditions, air emission inventory and state regulations 20.2.41 NMAC and 20.2.3 NMAC which verify that the State of New Mexico has the continued legal authority needed to implement and enforce air quality controls to maintain the SO2 NAAQS in Grant County. c. Monitoring Network

After a detailed study of the modeling generated by the NMED in 1997 for placement of a new monitor in the Grant County nonattainment area, the Regional Office determined (in a letter to NMED dated August 26, 2002) that

‘‘the monitor was placed where modeling indicated the highest concentration was likely to occur. ’’A copy of this letter is being attached to our TSD for reference purposes. Therefore, the NMED will use the current SO2 air monitoring station located in Hurley, New Mexico to verify continuing attainment of the NAAQS in the area. The Hurley monitoring station meets 40 CFR Part 58. The SO2 monitoring station located in Bayard, New Mexico will be discontinued. d. Contingency Plan

Section 175A of the Act requires that the maintenance plan include contingency provisions to correct any violation of the NAAQS after redesignation of the area. However, the General Preamble for the Implementation of Title I of the Act Amendments of 1990 (57 FR 13498) states that SO2 provisions require special considerations. A primary reason is that SO2 control methods are well established and understood. Therefore, contingency measures for SO2 need only consist of a comprehensive program to identify sources of violations of the SO2 NAAQSand to undertake an aggressive followup for compliance and enforcement.

Upon verification of a violation of either the 24-hour or 3-hour SO2 NAAQS, if the Hurley Smelter is responsible for the violation, NMED will work with this source to ensure that the violation will not occur again. If necessary, NMED will write and adopt rules or amend the company’s Title V permit to control SO2 emissions at the company.

The State will be utilizing both the currently approved SIP requirements and Title V permit as tools for implementation of SO2 Maintenance Plan. The State will be utilizing both Title V reporting, testing, compliance certification, and recordkeeping controls combined with the Continuous Emission Monitoring System (CEMS) data for SO2 emissions as its Contingency Plan. It is EPA’s finding that these reporting, testing, compliance certification, recordkeeping controls and the CEMS data requirements are a comprehensive program for identifying violations caused by the smelter. The February 21, 2003 submittal does not propose to remove or relax any of the existing SIP approved measures for controlling SO2 emissions. A new major source of SO2 or an existing source with major modification, including a process that may have been shut down or ceased operation, will not only have to comply with the existing federally approved SO2 SIP provisions, it will also need to comply with terms and conditions that may be more stringent than existing SIP requirements imposed on the source in its air permit to ensure the area will continue maintaining the attainment status.

As detailed above, the State has met the maintenance plan requirements of Section 175A of the Act and the maintenance plan is fully approvable. The contingency measures plan is also fully approvable. Final Action

We have evaluated the State’s submittal and have determined that it meets the applicable requirements of the Act, and EPA regulations, and conforms to EPA policy. Therefore, we are approving the State of New Mexico’s request to redesignate Grant County from a primary and secondary SO2 nonattainment area to an SO2 NAAQS attainment area. We are also approving the maintenance and contingency measures plans for Grant County into the New Mexico SIP. Furthermore, we are approving the NMED’s request to discontinue the current SO2 monitoring in Bayard, NM.

The EPA is publishing this rule without prior proposal because we view this as a noncontroversial amendment and anticipate no relevant adverse comments. However, in the ‘‘Proposed Rules’’section of today’s Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the Maintenance Plan if relevant adverse


### 54675 Federal Register / Vol. 68, No. 181 / Thursday, September 18, 2003 / Rules and Regulations
comments are received. This rule will be effective on November 17, 2003 without further notice unless we receive relevant adverse comment by October 20, 2003. If EPA receives relevant adverse comments, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. We will address all public comments in a subsequent final rule based on the proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. General Information A. What Is the Public Rulemaking File?

The EPA is committed to ensuring public access to the information used to inform the Agency’s decisions regarding the environment and human health and to ensuring that the public has an opportunity to participate in the Agency’s decision-making process. The official public rulemaking file consists of the documents specifically referenced in a particular agency action, any public comments received, and other information related to the action. The public rulemaking file does not include Confidential Business Information (CBI) or other information for which disclosure is restricted by statute, although such information is a part of the Agency’s official administrative record for the action. B. How Can I Get Copies of This Document and Other Related Information?

1. An official public rulemaking file is available for inspection at the Regional Office. The Regional Office has established an official public rulemaking file for this action under Identification Number (ID No.) NM

–43

– 1

–7600. The public rulemaking file is available for viewing at the Air Planning Section (6PD

–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202

–2733. Contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. If possible, schedule the appointment two working days in advance of your visit. Official hours of business for the Regional Office are Monday through Friday, 8:30 a.m. to 4 p.m. excluding Federal holidays. Copies of any State submittals and EPA’s TSD are also available for public inspection at the New Mexico Environment Department, Air Quality Bureau, 2044 Galisteo Street, Santa Fe, New Mexico 87505 during official business by appointment. 2. You may access this Federal Register document electronically through the Regulations.gov Web site located at http://www.regulations.gov

. The Regulations.gov Web site is the central online rulemaking portal of the United States government and is a public service to increase participation in the government’s regulatory activities by offering a central point for submitting comments on regulations. C. How and to Whom Do I Submit Comments?

You may submit comments electronically, by mail, through hand delivery/courier or by facsimile. Instructions for submitting comments by each method are discussed below. To ensure proper receipt by EPA, identify the appropriate ID No. in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked ‘‘late. ’’The EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in section D below.

1. Electronically. To submit comments electronically (via e-mail, Regulations.gov, or on disk or CD

– ROM), EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. The EPA’s policy is that EPA will not edit your comments. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the public rulemaking file and may be made available in EPA’s public Web sites. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment.

i. E-mail. Comments may be submitted by electronic mail (e-mail) to Diggs.Thomas@epa.gov, Attention

‘‘Public comment on ID No. NM

–43

–1

– 7600. ’’In contrast to the Regulations.gov Web site, EPA’s e-mail system is not an

‘‘anonymous’’system. If you send an email comment directly to EPA, your email address will be automatically captured and included as part of the comment that is placed in the official public rulemaking file.

ii. Regulations.gov. Comments may be submitted electronically at the Regulations.gov Web site, the central online rulemaking portal of the United States government. Every effort is made to ensure that the Web site includes all rule and proposed rule notices that are currently open for public comment. You may access the Regulations.gov Web site at http://www.regulations.gov. Select

‘‘Environmental Protection Agency’’at the top of the page and click on the

‘‘Go’’button. The list of current EPA actions available for comment will be displayed. Select the appropriate action and follow the online instructions for submitting comments. Unlike EPA’s email system, the Regulations.gov Web site is an ‘‘anonymous’’system, whichmeans that any personal information, email address, or other contact information will not be collected unless it is provided in the text of the comment. See the Privacy Notice at the Regulations.gov Web site for further information. Please be advised that EPA cannot contact you for any necessary clarification unless your contact information is included in the body of comments submitted through the Regulations.gov Web site.

iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to: Thomas Diggs (6PD

–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202

–2733. Please include the text

‘‘Public comment on ID No. NM

–43

–1

– 7600. ’’on the disk or CD ROM. These electronic submissions will be accepted in WordPerfect, Word, or ASCII file format. You should avoid the use of special characters and any form of encryption.

2. By Mail. Send your comments to: Thomas Diggs (6PD

–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202

–2733. Please include the text ‘‘Public comment on ID No. NM

–43

–1

–7600’’in the subject line of the first page of your comments.

3. By Hand Delivery or Courier. Deliver your written comments or comments on a disk or CD ROM to: Thomas Diggs (6PD

–L) Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202

–2733. Attention ‘‘Public comment on ID No. NM

–43

–1

–7600. ’’Such deliveries are only accepted during official hours of business, which are Monday through Friday, 8:30 a.m. to 4 p.m., excluding Federal holidays.


### 54676 Federal Register / Vol. 68, No. 181 / Thursday, September 18, 2003 / Rules and Regulations

4. By Facsimile. Fax your comments to: 214

–665

–7263, Attention ‘‘Public comment on ID No. NM

–043

–1

–7600. ’’ D. How Should I Submit CBI to the Agency?

You may assert a business confidentiality claim covering CBI information included in comments submitted by mail or hand delivery in either paper or electronic format. CBI should not be submitted via e-mail or at the Regulations.gov Web site. Clearly mark any part or all of the information submitted which is claimed as CBI at the time the comment is submitted to EPA. CBI should be submitted separately, if possible, to facilitate handling by EPA. Submit one complete version of the comment that includes the properly labeled CBI for EPA’s official administrative record and one copy that does not contain the CBI to be included in the public rulemaking file. If you submit CBI on a disk or CD ROM, mark the outside of the disk or the CD ROM that it contains CBI and then identify the CBI within the disk or CD ROM. Also submit a non-CBI version if possible. Information which is properly labeled as CBI and submitted by mail or hand delivery will be disclosed only in accordance with procedures set forth in 40 CFR Part 2. For comments submitted by EPA’s e-mail system or through the Regulations.gov Web site, no CBI claim may be asserted. Do not submit CBI to the Regulations.gov Web site or via EPA’s e-mail system. Any claim of CBI will be waived for comments received through the Regulations.gov Web site or EPA’s e-mail system. For further advice on submitting CBI to the Agency, contact the person listed in the FOR FURTHER INFORMATION CONTACT section of this document. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211,

‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’(66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104

–4).

This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045

‘‘Protection of Children from Environmental Health Risks and Safety Risks’’(62 FR 19885, April 23, 1997), because it is not economically significant.

In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

The Congressional Review Act, 5 U.S.C. section 801 et seq. , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register

. This action is not a ‘‘major rule’’as defined by 5 U.S.C. section 804(2).

Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 17, 2003. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects 40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides. 40 CFR Part 81

Environmental protection, Air pollution control, National parks, Wilderness areas.

Dated: September 2, 2003. Lawrence Starfield, Acting Regional Administrator, Region 6. ■ 40 CFR Parts 52 and 81 are amended as follows: PART 52
—[AMENDED]
■ 1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq. Subpart GG
—New Mexico

■ 2. In § 52.1620 paragraph (e) is amended by adding two new entries to the end of the table entitled ‘‘EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP, ’’to read as follows: § 52.1620 Identification of plan. * * * * *

(e) * * *


### 54677 Federal Register / Vol. 68, No. 181 / Thursday, September 18, 2003 / Rules and Regulations
EPA APPROVED NONREGULATORY P ROVISIONS AND QUASI-REGULATORY M EASURES IN THE N EW M EXICO SIP
Name of SIP provision Applicable geo-graphic or non-attainment area State submittal/effective date EPA approval date Explanation

******* Revision for Attainment,

and Maintenance Plan of SO2 Standards. Portion of Grant County, this portion is restricted to a 3.5 mile radius around the Kennecott Copper Corporation (now owned by the Phelps Dodge Corporation and called the Hurley smelter)and land above 6470 feet Mean Sea Level within an 8 mile radius of the Hurley Smelter/Concentrator in Hurley. 02/21/03 9/18/03 [insert FRpage citation]. Contingency Measures

Plan. Portion of Grant County, this portion is restricted to a 3.5 mile radius around the Kennecott Copper Corporation (now owned by the Phelps Dodge Corporation and called the Hurley smelter)and land above 6470 feet Mean Sea Level within an 8 mile radius of the Hurley Smelter/Concentrator in Hurley. 02/21/03 9/18/03 [insert FRpage citation].

PART 81
—[AMENDED]

■ 1. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. ■ 2. In § 81.332 the SO2 table is amended by revising the entry for the AQCR 012 to read as follows: § 81.332 New Mexico. * * * * *

N EW M EXICO
—SO2 Designated area Does not meet primary standards Does not meet secondary standards Cannot be classified Better than national standards AQCR 012: Grant County .................................................................................................... ............... ......... ........................ ........................ X Remainder of AQCR ........................................................................................ ...................... .. ........................ ........................ X * * * * * * *

* * * * * [FR Doc. 03

–23747 Filed 9

–17

–03; 8:45 am] BILLING CODE 6560
–50
–P
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [FRL
–7560
–9] RIN: 2060
–AF36 Protection of Stratospheric Ozone: Supplemental Rule Regarding a Recycling Standard Under Section 608 of the Clean Air Act; Correction AGENCY: Environmental Protection Agency (EPA). ACTION : Final rule; correction. SUMMARY: Through this action, EPA is correcting the final rule published in the Federal Register on July 24, 2003 (68 FR 43786). Specifically, EPA is clarifying that the effective date for the rule, as it applies to the certification of refrigerant recycling equipment is effective 90 days after the publication date (i.e. , October 22, 2003). The effective date for the remaining components of the final rule is September 22, 2003. EPA is also including amendments to regulations that were discussed in the preamble to the July 24, 2003 final rule, but were inadvertently omitted from the Federal Register

. DATES: The final rule that was published on July 24, 2003 at 68 FR 43786 is effective on September 22, 2003, except for § 82.158(n) (i.e. , certification standards for refrigerant recycling only equipment) which is effective October 22, 2003. FOR FURTHER INFORMATION CONTACT: Julius Banks; (202) 564

–9870; Stratospheric Protection Implementation Branch, Global Programs Division, Office of Atmospheric Programs, Office of Air and Radiation (6205-J); 1200 Pennsylvania Avenue, NW., Washington, DC 20460. The Stratospheric Ozone Information Hotline, 800

–296

–1996, and the Ozone Web page, http://www.epa.gov/ozone/ title6/608/regulations/index.html, can also be contacted for further information concerning this correction. SUPPLEMENTARY INFORMATION :

While the final rule published in the Federal Register on July 24, 2003 (68 FR 43786) lists the effective date for the certification of refrigerant recycling equipment, as being effective 90 days after the publication date (i.e. , October 22, 2003), the notice failed to specify a regulatory citation associated with equipment certification. Therefore, EPA is clarifying that the effective date for the rule, as it applies to the certification of refrigerant recycling equipment, as stated in 40 CFR 82.158(n), is effective 90 days after the final rule publication date (i.e. , October 22, 2003).

The final rule discussed several edits to the appendices of 40 CFR part 82, subpart F that were omitted from the regulatory text published in the Federal Register (i.e. , reference list and standards for particulate used in standard contaminated refrigerant samples in Appendix B2 and the standards for becoming a certifying program for technicians in Appendix D). EPA is adding the reference list and the standards for particulate used in standard contaminated refrigerant samples to Appendix B2 (based on the ARI Standard 740

–1995) that was inadvertently omitted from the Federal Register document. EPA is also adding edits to the regulatory text of Appendix D to subpart F-Standards for Becoming a Certifying Program for Technicians that were omitted from the final rule published on July 24, 2003. The edits


# /.

• 

# c \



# r(J



# c UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Office of Air O!Jality Planning and Standards Research Triangle Park, North Carolina 27711 

# NOV 

# 161994
KSMOMNDPM SUBJECT:


## FROM:

'rO: 

## Limited Maintenance Plan Option for Nonclassifiable 0!2Ae,**~o~'jta** 

## 11111ent Areas·

# s~~aver, D rector Air QUality Strategies 

## & Standards.Division (MD-15) Director, Air, Pesticides and Toxics Management Division, Regions I and IV Director, Air and Waste Management· Division, Region II Director, Air, Radiation and. Toxic& Division, Reqion· 

## rri Director, Air and Radiation Divi$ion, Reqion v Director, Air, Pesticides and Toxics Division, Region VI Director,. Air and· 'l'oxics Division; Reqions VII, VIII, IX, and·X 

## •

I. pyrgQse 

## This memorandum sets forth new guidance on maintenance plan· requirements for certain nonclassifiable ozone nonattainment areas seeking redesiqnation to attainment.· In particular, nonclassitiable ozone areas whose design values**ar~** 

## at or below 0.106 

## ppm (85 percent ot 

## exceedance levels of the ozone NAAQS) at the time of redesiqnation may choose to submit a less rigorous maintenance plan than was formerly required. This new option is ·being termed a limited maintenance plan. Nonclassifiable ozone areas with desiqn values greater than 0.106 

## ppm will continue to be subject to full maintenance plan**requiremen~s** 

## described in the September 4, 1992 memorandum, "Procedures for Processing Requests to Redesignate Areas to**A~tainment,"** 

## from John Calcagni, former Director of the OAQPS Air Quality Management Division to the Regional Air Division Directors. There are three types submarginal, transitional, ot 

## these areas is included ot 

## nonclassifiable ozone. areas: and incomplete/no data. A description as Attachment A.

NMED 

### Exhibit# 5

### ( 

# ..

II. 

### 8agkqround 

## Section 107(d)(3)(E) of the Act provides that a nonattainment area.can be redesignated to attainment if the following criteria are met:

.**~** 

## 1. The ·EPA has- 

## determined that the NAAQS for the·**app~icable** 

## · pollutant has been attained .• 2. The applicable implementation plan has been fully adopted under section 110(k). 3 • The EPA has determined that the impro'Qlllent in air. -. quality is due to permanent and enforceable reductions in 

## emissions.

.. 4. The State- has met all; app·Hcable requirements: for the area under section 110 and 

## part D. 5. The EPA has fully approved a-maintenance plan, including a contingency plan, 'for.. the area under section 175A.

. . ·

·- section 175A· of· the .let. provides the -genera·l:--framework· for·

. maintenance .plans. The maintenance plan must provide for 

# (

mainten;tnce of .·thlif'"NA:AQS 'for- at""" teast-l:Q-·yearl!l ·aft·er· ·- · · · - - ·· ·- --· redes-ignationt 1 • 

## -includ-ing· any additional control -measures as -may -· 

# --c::\, be ·necessary ·to.-:ensure' auch maintenance. :rn. addition·; maintenance plans are to contain such contingency**p~ovisions** 

## as EPA deems necessary ·to· assure the prompt correction of a . ·violation of the NAAQS that occurs-after redesignation. The .contingency measures must include; at a minimum, a requirement that the.state.will implement all control measures contained in the nonattainment SIP prior to redesiqnation. Beyond these requirements, however, section 175A does not define the content of ·a· maintenance plan. Thus, EPA has the· authority to exercise-reasonable discretion to determine those requirements. The EPA has previously issued guidance on meeting all five criteria for redesignation including maintenance plans {see Attachment B). The EPA now believes that it is justifiable and appropriate to apply a d)fferent set·of·maintenance plan requirements (described herein) to a limited category of ozone nonattainment areas--nonclassiflable areas whose monitored air quality is equal to or less than 85 percent of exceedance levels of the ozone NAAQS. The EPA does not believe that the full maintenance plan requirements need be applied to these areas because they have achieved air quality levels well below the
'section 175A also requires that 8 years after redesignation, the State must submit an additional plan to provide tor maintenance tor a second follow-on 10-year period.

# (

( 3 

## standard without the application of control measures required by the Act tor 

## classified ozone nonattainment areas. Also, these areas do not have either a recent history of monitored violation of the ozone NAAQS or a long prior history of monitored air qt.iality problems. The EPA believes that the continued applicability of prevention of**signif~cant** 

## deterioration**(~SD)** 

## requirements, any control. measures already in the SIP, and Federal measures (such as the Federal motor vehicle control program) should provide adequatsassurance or maintenance for these areas. · III. Qualifying for the Limiteci Maintenance Plan OJj!tion



# . . . 'l'o qualify for the limited maintenance plan option, the ozone design value for the**~ea,** 

## based on the 3 years of data used to demonstrate attainment, must be at or below 0.106 ·ppm {85 parcent of exceedanoe-·levels·of·the··ozone

.. NAAQS)-.--· -·- .. - · Additionally, the design value for the area must continue to be

. at or below 0.106 ppm -UDt-iJ. the time

.. of

..

## f..tna1--BPA action- on..-the

.. redesignation. The method for calculating design values is presented in the JUne. 18, 1990

.. 111811lorandum,

.. •ozone .and.Carbon Monoxide Design Value Calculations," from William G. Laxton, formex- Director of· the -OAQPS ·Technical Support-:·Division· to Regional Air Directors. The memorandUll\ focuses--pr-imarily on determining design values for nonattainment areas in order to classify the areas.as.marqinal, moderate,.serious, severe, or extreme. Therefore,

....the document discusses determining .the design value for an· area ·based on the monitors .which· are· c .• · 

## exceeding the standard•. In the case of a nonattaininent area seeking redesignation to attainment, all monitors must be meeting the standard. 'l'o assess- whether a nonclassifia.ble area meets the applicability cutoff for the limited maintenance plan, a separate design value must be developed for every monitoring site. The highest of these design values is the design value for the whole area. If the area design value is at or below 0.106 ppm, the State may select the limited maintenance plan option for the firet 10-year maintenance period. If the design value for the area exceeds 0.106 prior to final EPA action on the redesiqnation, the area no longer qualifies for the limited maintenance plan and 

## must instead submit a full maintenance plan. The EPA will issue quidance,in the future on the applicability of the limited maintenance plan option to the second follow-on 10- year maintenance period. IV. Limited Haintenance Plan Elements Following is a list of core provisions which should be included in a limited maintenance plan. Any final EPA determination regarding the adequacy of a limited maintenance plan will be made fol'lowing revie'W of the plan submittal in light of the particular circumstances facinq the area proposed for redesignation and based on all relevant available information.

### 4


## a. Attainment Inventory The State should develop an attainment emissions inventory to identify a level of emissions in the area which is sufficient to attain the·NAAQS. This inventory should be consistent with EPA's most recent quidance2 

## on emissi911s inventories for

_ nonattainment.areas avaiiable at the time and should represent· emissions during the time period•associated with the monitoring data showing attainment. The**inv~ntory** 

## should be based on actual "typical summer day" emissions of voc·and NOx (ozone precursors). Emissions of CO are not necessary in the attainment inventory because they will not be tracked for maintenance purposes. b. Maintenance Demonstration 

# (

The maintenance demonstration.requirement is considered to ·be--satisfied for--nonclassifiable ·areas··±f ·the ··monitoring data·--------- show the area is meeting-the air quality criteria discussed

. ·above., There is.-no- requirement to- project--emissions. over the

.... ----- ...___ . __

maintenance period. -The EPA believes if the area begins the maintenance period.·at

.. or below 

# .as. percent of

.. exceedance levels,. the air quality along with the continued applicability of PSD requirements, any control measures-already in the SIP;· and Federal measures, should provide adequate· assurance of

.. maintenance over the initial 10-year·maintenance period.

- When EPA approves a limited maintenance -plan-, EPA is concluding that ·a:n- emissions budget ·:may. '.be ·-treated· ·as essentially not constraining for**·th~** 

## length of ·the maintenance period because it is unreasonable to expect that--such -an·area·will experience so much growth**~n-that** 

## period that a violation of the ozone NAAQS

. would result.

c. Monitoring Networt/Verification of Continued Attainment To verify the attainment status of the area over the· maintenance period, the maintenance plan should contain provisions for continued operation of an appropriate, EPAapproved air quality monitoring network, in accordance with 40 CFR part sa. This is particularly· important for areas using a limited maintenance p·lan because there will be no cap on emissions. ' 

# c

-- .-

2 

## The EPA's current guidance on the preparation of emissions inventories for ozone areas is contained in the following documents: "Procedures for the Preparation of Emission Inventories for Carbon Monoxide and Precursors of ozone: Volume I" (EPA-450/4-91-016), "Emission Inventory Requirements for ozone State Implementation Plans" (EPA-450/4-91-010), and "Procedures· for Emission Inventory Preparation: Volume IV, Mobile Sources" ( (EPA;..450/4-81-026d).

-

### • 5 

### d. 

## Cqntingency Plan 

## section l75A of the Act 

## requires that a maintenance plan include continqency provisions, as necessary, to 

## promptly correct any violation of the NAAQS that occurs after redesiqnation of the area. These contingency**~easures** 

## do npt have to be fully adopted at the time of redesiqnatlon. However, the contingency plan is considered to be 

## an enforceable part of the SIP and should ensure that the continqency measures are•adopted expeditiously once they are triqqered by a specified event. The continqency plan should identify the measures to be promptly adopted and provide a schedule and procedure for adoption and implementation of the measures. The 

## State should also identify specific**indicators~** 

## or trigqers, which will be used to determine when the contingency measures need to be**implement~.** 

## While a violation of the 

## NAAQS is an acceptable triqqer, states may wish to choose a pre• violation action level as a trigger, such as an exceedance of the NAAQS. By takinq early action, a state may be able to prevent any actual violation of -the 

## NAAQS. andr 

## therefore,

. eliminate any need on the part of EPA to redesiqnate an area back to nonattainment.

v. Conformity Qeterminatigns Under Limited Maintenance Plans 'The transportation conformity rule (58 FR 62188; November 24, 1993) .and the general conformity rule {58 FR 63314; November 30, 1993) apply.to nonattainment areas and maintenance areas operating under maintenance plans. Under either rule,· one means of demonstrating conformity of Federal actions is to



## .. indicate that expected emissions from planned actions are

consistent with the emissions budget for the area. As discussed above in section IV(b), emissions budgets in limited maintenance plan areas may be treated as essentially not constraining for the lenqth of the initial maintenance period becau:se it is unreasonable to expect that such an ·area will experience so much growth in that period that a violation of the ozone NAAQS would result. In other words, EPA would be concluding that emissions need not be capped for the maintenance period. Therefore, in areas with approved limited maintenance plans, Federal actions requiring conformity determinations under the transportation conformity rule cou:ld be considered to satisfy the "budget test" required in sections 93.118,'93.119, and 93.120 of the rule. similarly, in these areas, Federal actions subject to the general conformity rule could be 

## considered to satisfy the "budget test" specified in section 93.158(a)(5) (i)(A) of the rule. For further information regarding the limited maintenance plan option for nonclassifiable ozone areas, please contact carla Oldham at (919) 541-3347. For information regardinq transportation conformity requirements, please contact Kathryn sargeant of the Office of Mobile Sources at (313) 668-4441. For

### 6 

## information reqardinq qeneral conformity requirements, please contact Douq Grano at (919) 541-3292. Attachments

••



# ·.

, 

# C·

# .. ATTACHMENT A ( The EPA used 1987-89 as the primary data years in**~** 

## determining designations and classifications for ozone areas set forth in the November 6, 1991 final rule on Air Quality Designations and Classifications (56 FR 56694). Certain ozone nonattainment areas could not be classified as marginal or above under Table 1 of section 18l.(a) (1)·**o~,tthe** 

## Clean Air Act either because of· incomplete monitoring data·or·because they were nonattainment pre•enactment but did not violate the standard during 1987-89. These areas are"bollectively called nonclassifiable areas. Nonclassifiable ozone areas consist of transitional, submarginal, and incomplete/no data areas.



# (() wransitional areas An area is considered transitional under section 185A if it was designated nonattainment'both prior to enactment and at the time of enactment, -and did not

..violate the ·primary NAAQS for ·ozone over the 3-year period from 1987-1989. section 185A of the Act required EPA to make a determination, by June 30, 1992, whether the designated transitional areas had continued to meet· the ozone NAAQS through December 31, 1991. · All 12 transitional areas were attaining the NAAQS through December 31, 1991 and none are known to have ·violated the standard since. In May·and June of 1992; Regional Administrators sent letters to Governors of states with .transitional areas notifying .them of EPA's determination.

Bubm&rqinal areas Compliance with ·the ozone NAAQS is determined on the basis of expected exceedances which include an adjustment for missing data. The submarginal category includes areas that violated the ozone NAAQS during 1987-89 but had a design value for the period of less than .121 ppm (the lower limit for marginal areas) due to the adjustment for missing data when calculating expected exceedances. Presently, there are no submarginal areas. Incomplete/no data areas Certain ozone areas designated nonattainment prior to ·enactment and at enactment did not have sufficient air quality

monitoring data to determine whether they were or were not violating the NAAQS. These areas are termed incomplete/no data areas. These include areas which do not have monitors. currently, there are 47 incomplete/no data areas.

1

## This adjustment procedure is described in 40.CFR part 50.9, appendix H.

## ·, AT'l'ACHMEN'l' B 

## ' The EPA policies for implementing sections 107 and 175A of the Act for redesiqnations are .contained in the following·. memorandums. 1. "Procedures for .Processing RE;quests to Redesignate_Areas

. to Attainment," John Calcagni, Director, Air Quality Management Division, September 4, ·1992. • • 

## 2. "State Implementation Plan (SIP) Requirements for Areas Submitting Requests tor Redesiqnation to Attainment of the Ozone and Carbon Monoxide (CO) National Ambient Air Quality standards (NAAQS) .on or after November· :tS, 

## 1992,-" Michael Shapiro, ·::Actj,nq Assistant Administrator for Air and Radiation, September 17, 1993.3. "State Implementation Plan (SIP) Actions-Submitted• in Response to Clean Air Act (CAA) Deadlines," John calcaqni, -Director, Air Quality -Management Division, October 28, 1992. 4. "Contingency Measures_ for ozone and. carb.on. Monoxide (CO)

.. Redesiqnations," G.T. Helms, Chief, ozone/Carbon Monoxide Programs Branch, June 1, 1992. 

# (

5. "General Preamble· for the· Implementation of Title· I of the Clean Air Act Amendments Of 1990 11 

## (5.7 FR 13498; April· 1j), 

# c·_· 1992).

,

# ( TITLE20 CHAPTER2 PART74 ENVIRONMENTAL PROTECTION AIR QUALITY (STATEWIDE) PERMITS·PREVENTION OF SIGNIFICANT DETERIORATION (PSD) 20.2.74.1 ISSUING AGENCY: New Mexico Environmental Improvement Board [07/20195;202.74.1 NMAC- 

### Rn, 20 NMAC2.74.l00, 10/31102] 20.2.74.2 SCOPE: /my person constructing any new major st.alioruuy source or major modification as defined in Ibis Part, that emits or will emit regulated pollutants in an anainment or unclassified· 

### a:ea. [07120195; 20.2.74.2 NMAC- Rn, 20NMAC2.74.10l, 10131102] 20.2.74.3 STATUTORY AUTHORITY: The Environmental Improvement Board "shall promulgate regulations and standards in

.. .air quality management" (NMSA 1978, section 74-1-S.A) and "the environmental improvement board

...shall adopt

..regulations to attain and maintain national ambient air quality standards and prevent or abate air pollution

... " (NMSA 1978, section 74-2-5.B). [07/20195; 20.2.74.3 NMAC- Rn, 20 NMAC2.74.102, 10/31/02] 20.2.74.4 DURATION: Permanent. [07/20195; 20.2.74.4 NMAC- Rn, 20 NMAC 2.74.103, 10/31/02] 20.2.74.5 EFFECTIVE DATE: July 20, 1995, except where a later date is cited at the end ofa section or paragraph. [07/20195; 01101100; 20.2.74.5 NMAC- Rn, 20 NMAC 2.74.104, 10/31/02] [The latest effective date ofany section in this Part is 6/3120II.) 20.2.74.6 OBJECTIVE: The purpose ofthis Part is.to require any person constructing any new major statiottary source or major modification as defined in this Part, that emits or will emit regulated pollutants in an attainment or unclassified area, to obtain a permit from the Department in accordance with the requirements ofthis Part prior to the construction or modification. [07120195; 20.2.74.6 NMAC • Rn, 20 NMAC 2.74.105, 10/31/02] 20.2.74.7 DEFINITIONS: Terms used but not defined in this part shan have the meaning given them by 20.2.2 NMAC (Definitions) (formerly AQCR 100). As used in this part the following definitions shall apply. A. "Act" means the Federal Clean Air Act, as amended, 42 U.S. C. Sections 7401 et seq. B. "AetuaJ emissions" means the actual rate ofemissions ofa regulated new source review pollulant from an emissions unit, as determined in accordance with Paragraphs (2) through (4) ofthis subsection. (1) This defmition shall not apply fur calculating whether a significant emissions increase has occurred, or for establishing a PAL under 20.2.74.320 NMAC. Instead, Subsections G and AR ofthis section shall apply for those purposes. (2) In general, actual emissions as ofa pardcular dete shall equal the average rate, in tons per year, at which the unit actoally emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative ofnormal source operation. The department shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period. (3) Tbo department may presume that sourco-specific allowable emissions fur the unit are equivalent to the actual emissions ofthe unit. (4) For any emissions unit that has not begun normal operations on the pardcular date, actoa1 emissions shall equal the potential to emit ofthe unit on that date. C. "Administrator" means the administrator ofthe U.S. environmental protection agency (EPA) or an authorized representative. D. "Adverse Impact on vi!ilbillty" means visibility impairment which interferes with the management, protection, preservation, or enjoyment ofthe visitor's visual experience ofthe class I federal area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time ofthe visibility impairments and how these fuctors COITelate with the following: I)

20.2.74 NMAC 

### NMED 

### Exhibit#6

### times ofvisitor use ofthe class I federal area; and 2) the frequency and timing ofnatmal conditions that reduce visibility. This term does not include effud:s on integral vistas 

### as defined in 40 CFR 

### 51.301 Defmitions. 

### E. "Allowable emissions" means the emissions rate of

### a stationary source calculated using the maximum rated capacity ofthe source (unless the source is subject to federally enforceable limits which restrict the 

### operating rate, or hours ofoperation, or both) 

### and the most stringent ofthe following: (1) 

### the applicable standards as set 

### forth in40 CFR Parts 

### 60 

### and 61; (l) 

### the applicable state implementation plan emissions limitation, including those with a future compliance date; or (3) the emissions rate specified as a federally enforceable permit condition, including those with a future compliance date. F. "Attainment area" means, for any air pollutant, an area which is shown by monitored data or which is calculated by air quality modeling not to exceed 

### any lllllional ambient air 

### quality standard for 

### such pollutant, and is so designated under Section 107 (d) 

### (I) (D) 

### or (E) 

### ofthe act. G. "BaseUne actual 

### emissions" means the rate ofemissions, in tons per year, ofa regulated new source review pollutant, as determined in accordance with the fullowing. (1) For any existing electric utility staam generating unit, baseline actual emissions means the average rate, in

### tons per year, at 

### which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator widtin the 5-year period immediately preceding when the owner or operator begins 

### actual construction ofthe project. The department shall allow the use of a different time period upon a determination that it is more representative ofnormal source operation. (a) The average rate shall 

### include fugitive emissions to the extent quantifiable, and 

### emissions associated with startups, shutdowns, and malfunctions. (b) 

### The average rate shall be 

### adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that 

### was legally enforceable during the consecutive 24-month period. (e) For a regulated new source review pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for 

### the 

# c-.·. emissions units being changed. A different consecutive 24-month period can be used 

### for each regulated new source review pollutant. (d) The average rate shall not be 

### based on any consecutive 24-month period for 

### which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparagraph (b) 

### ofthis paragraph. (l) 

### For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons peryear, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the I0-yearperiod immediately preceding either the date the owner or operator begins actual construction ofthe project, or the date a complete permit application is received by 

### the deportment for a permit required either under this part or under a plan approved by the administrator, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990. (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdownS, and malfunctions. (b) 

### The average rate shall be 

### adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (e) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, ifan emission limitation is part ofa maximum achievable control technology standard that the administrntor proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted ifthe state has taken credit for such emissions reductions in an attainment demonstrntion or maintenance plan consistent with the requirements of40 CFR 51.165(a)(3)(ii)(G). (d) 

### For a regnlated new source review pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used 

### to determine the baseline actual emissions for the emissions units being changed, A different consecutive 24-month period can be used for 

### each regulated new source ( review pollutant.**~**



### 20.2.74 NMAC 2

# c

c (e) The average rate shall not be based on any consecutive24·month period for which there is inadequate infonnation for determining annual emissions, in tons per y-, and for adjusting this amount ifrequired by Subparagraphs (b) and (c) ofthis paragraph. (3) For a new emissions unit, the baseline actual emissions for purposes ofdetennining the emissions increase that will result 

### from the initial construction and operation ofsuch unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. (4) For 

### a PAL for 

### a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in Paragraph (I) ofthis subsection, for other existing emissions units in accordance with the procedures contained in Paragraph (2) ofthis subsection, and for a 

### new emissions unit in accordance with the procedures contained in Paragraph (3) ofthis subsection. H. "BaseHne 

### area" means all lands designated as attainment or unclassifiable in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established, as follows: equal to or greater 

### than one microgram per cubic meter (annual average) for sulfur dioxide, nitrogen dioxide, or PM 1o; or equal 

### or greater 

### than 0.3 microgram per cubic meter (annual average) for PM,. The major source or major modification establishes the minor source baseline date 

### (see the definition "minor source baseline date" in this part). Lands are designated 

### as attainment or unclassifiable under Section 107(d)(l) (A)(ii) or (iii) ofthe act 

### within each federal air quality control region in the state ofNew Mexico. Any baseline 

### area established originally for TSP (total suspended particulates) increments shall nemain in effect and shall apply for purposes ofdetermining the amount ofavailable PM 10 increments. A TSP baseline area shall not remain in effect ifthe department rescinds the corresponding minor source baseline date (see "minor source baseline date• in this part). I. "Baoelhte coD<entration" means that ambient concentration level that exists in the baseline area at the time ofthe applicable minor source baseline date. (l) A baseline concentration is determined for each pollutant for which 

### a minor source baseline date is established and shall include: (a) the actual emissions, as defined in this section, representative ofsources in existence on the applicable minor source baseline 

### date, except as provided in Paragraph (2) ofthis subsection; (b) the allowable emissions ofmajor stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date. (:!.) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s): (a) actual emissions, as defined in this section, from any major stationary source on which construction commenced after the major source baseline date; and (b) actual emissions increases and decreases, 

### as defined in Subsection B ofthis section, at any stationary source occurring after the minor source baseline date. 

### J. "Begin actual comtruction" means, in general, initiation ofphysical onsite construction activities on an emissions unit which 

### are of

### a permanent 

### nature. Such activities include, but are 

### not limited to, installation ofbuilding supporta and foundations, laying underground pipework and construction ofpennanent storage structures. With respect to a change in method ofoperations, this term refers to those on-site activities other than preparatory activities which mark the initiation ofthe change. K "Best available control technology (BACT)" means an emissions limitation (including a visible emission standard) based on the maximum degree ofreduction for each regulated pollutant which would be emitted from any proposed major stationary source or major modification, which the secretary detennines is achievable on a case-by-case basis. This detennination will take into account energy, environmental, and economic impacts and other costs. The determination must be achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or inoovative fuel combustion techniques for conlrol ofsuch pollutants. In no event shall application of best available conlrol technology result in emissions ofany pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Parts {iO and 61. Ifthe department detennines that technological or economic limitations on the application ofmeasurement methodology to a particular emissions unit would make the imposition ofan emissions standard infeasible, a design, equipment, work practice, operational standard, or combinatioo thereof, may be prescribed instead to satisl)' the requirement for the application of

### best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by hnplementation ofsuch design, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results.

20.2.74 NMAC 3

### ( L. "Building, 

### structure, faclllty, or iDstallatlon" means all ofthe pollutant emitting activities which belong to the same industrial grouping, are kx:ated on one or more contiguous or adjacent properties, and are under the control ofthe same person (or persons under common control). Pollutant-emitting activities shall be considered 

### as part ofthe same industrial grouping ifthey belong to the same •major group" (i.e., which have the same fits! two digit code) as described in the standard industrial classification (SIC) manual, 1972, as amended by the 1977 supplement (U.S. government printing office stock numbers 4101-0066 and 003-005-00171>-0, respectively) or any superseding SIC manuaL M. "Class I federal area" means any federal land that is classified or reclassified as "class J• as described in 20.2.74.108 NMAC. N. "Commence" means, as applied to construction ofa major stationary source or major modification, that the owner or operator has all necessary preconstruction approvals or permits and has: (1) beguo, or caused to begin, a continuous program ofactual on-site construction ofthe source, to be completed within a reasonable thne; or (l) entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake and complete, within a reasonable thne, a program of actual construction. 

### 0. "Constrw:don" means any physical change or change in the method ofoperation (including fabrication, erection, installation, demolition, or modification ofan emissions**~mit)** that would result in a change in 

### emissions. P. "ContiJJuous emissions monitoring system (CEMS)" means all ofthe equipment that may be required to meet the data acquisition and availability requirements ofthis section, to sample, condition (if applicable), analyze, and provide a record ofemissions on a continuous basis. Q. "Continuous emissioDll rate monitoring system (CERMS)" means the total equipment required for the detennination and recording ofthe pollutant mass emissions rate (in terms ofmass per unit ofthne). R. "ContiJJuous parametermoDitorlng system (CPMS)" means all ofthe equipment necessary to meet the data acquisition and availability requirements ofthis section, to monitor process and control device operational parameters (for example, conlrol device secondary voltages and electric currents) and other information (for example, gas flow rate, 02 or C02 concentrations), and to record average operational parameter value{s) on a continuous basis. S. "Department" means the New Mexico environment department. T. "Electric utility steam generatiJJg 

### unit" means any steam electric generating Wlit that is constructed for the purpose ofsupplying more than one-third ofits potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale, Ally steam supplied to a steam distribution system for the purpose ofproviding steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity ofthe affected facility. U. "EmlssioDll 

### unit" means any part ofa stationary source that emits or would have the potential to emit any regulated new source review pollutant and includes an electric utility steam generating unit as defined in this section. For purposes ofthis section, there are two types ofemissions**~mits** as described in the following. (1) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than 2 years from the dele such emissions unit first operated, (2) An existing emissions unit is any emissions unit that does not meet the requirements in Paragraph (1) ofthis subsection. A replacement unit, as defined in this section, is an existing WJit. V. "Federal land manager" means, with respect to any lands in the United States, a federal level cabinet secretary ofa federal level department (e.g. interior dept.) with authority over such lands. W. "Federally enforceable" means all limitations and conditions which are enforceable by the administrator, including: (1) those requirements developed pursuant to 40 CFR Parts 60 and 61; (l) requirements within any applicable state implementation plan; (3) any permit requirements established pursuant to 40 CFR 52.21; or (4) under regulations approved pursuant to 40 CFR Part 51, Subpart I including 40 CPR 51.165 and 40 CPR 51.166, X. "Fugitive em.lsslons" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. Y. "Greenhouse gas" for the purpose ofthis part is defmed as the aggregate group ofthe following six gases: carbon dioxide, nitrous oxide, methane, bydrofluorocarbons, parfluorocarbons, and sulfur hexafluoride.

202,74NMAC 

### 4 

# c

(;

# (



# (('



# ( Z. "High 

### terrain" means any area having an elevation nine hundred (900) feet 

### or more above the base ofa source's stack. AA. 

### "Indian governing body" means the governing body ofany tribe, band, or group ofindians subject to thejurisdiction ofthe United States and recognized by the United States as possessing power ofself· government AB. "Innovative control technology" means any system ofair 

### pollntion control that has 

### not been adequately demonstrated in practice. But such system would have a substantial likelihood ofachieving greater continuous emissions reduction than any 

### control system in 

### current practice or achieving at 

### least comparable reductions at lower cost 

### in terms ofenergy, economics, or non-air quality environmental impacts. AC. "Low 

### terrain" means any 

### area other than high terrain. AD. "Lowest achievable emission rate" means, for any source, the more stringent rate ofemissions based on the following: (l) 

### the most stringent emissions limitation which is contained in the implementation plan ofany 

### state for such class or category ofstationary source, unless the owner or operator ofthe proposed stationary source demonstrates that such limitations are not achievable; or (l) 

### the most stringent emissions limitation which is achieved in practice by such class or category of stationary source; this limitation, when applied to a modification, means the lowest achievable emissions rate for the 

### new or modified emissions units within the stationary source. In 

### no event shall the application ofthis tenn pennit a proposed new or modified stationary source to emit any pollutant in excess ofthe amount allowable under 

### an applicable new source standard 

### ofperformance. AE. "Major modification" means any physical change in or change in the method ofoperation ofa major stationary source that would result in: a significant emissions increase (as defined 

### in this section) ofa regulated new source review pollutant (as defmed in this 

### section); and a significant net emissions increase ofthat pollutant from the major stationary source. Any significant emissions increase (as defined in this section) from 

### any emissions units or net emissions increase (as defined in this section) at 

### a major stationary source that is significant for volatile organic compounds or nitrogen oxides shall be 

### considered significant for ozone. (l) 

### Aphysical change or change in the method ofoperation shall 

### not include: (a) routine maintenance, repair, and replacement; (b) 

### use ofan alternative fuel or raw material by 

### reason ofan order 

### under Section 2 (a) and (b) 

### ofthe 

### Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a naturnl gas curtailment plan pursuant to the Fedezal Power Act; (c) use ofan alternative file! by reason ofan order orrule under Section 125 ofthe act; (d) 

### use ofan alternative fuel at a steam generating unit to 

### the extent that the fuel is generated from municipal solid waste; (e) use ofan alternative fuel or raw material by 

### a stationary source which: (I) the source was capable ofaccommodating before January 6, 1975, unless such change would be prohibited under any 

### federally enforceable pe!Tllit condition which was established after January 6, 1975 pursuant to 

### 40 CFR 52.21 or under regulations approved pursuant to 

### 40 CFR 51.165 

### or40 CFR 51.166; or (U) 

### the source is approved to use under any penni! issued under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51. 166; (I) 

### an increase in the hours ofoperation or in the production rate, unless such change would be prohibited under any federally enforceable permit which was established after 1anuary 6, 

### 1975, pursuant to 

### 40 CFR 52.21 or under regulations approved pursuant to 

### 40 CFR 51.165 or 40 CFR 51.166; (g) 

### any change 

### in ownership at a stationary source; (h) the installation, operation, cessation, or removal ofa temporary clean coal technology demonstration project, provided that the 

### project complies with: (I) the state implementation plan for the state in which the project is located; and (il) 

### other requirements necessary to attain and maintain the national ambient air 

### quality standards 

### during the project and after 

### it is terminated; (i) 

### the installation or operation ofa permanent clean coal tecimology demonstration project that 

### constitutes repowering, provided that the project does not result in an increase in the potential to emit ofany 

### regulated pollutant emitted by the unit; this exemption shall apply on a poliutant·by·pollutant basis; Q) 

### the reactivation of a very clean coal-fired electric utility steam generating unit. (l) 

### This definition shall not apply with respect to a particularregolated new source review pollutant when the major stationary source is complying with the requirements uoder 20.2.74.320 NMAC for a PAL for that pollutant. Instead, the definition at Paragraph (8) of Subsection B o£20.2.74.320 NMAC shall apply,

20.2.74 NMAC 5

## \ 

# (

20.2.74 NMAC 6

# (



# ( (b) the department has not relied on itin issuing a pmnit for the source under regulations approved pursuant to Ibis 

### section, which permit is in effect when the increase in actual omissions from the particular change 

### occurs. (4) An increase or decrease in actual emissions ofsulfur dioxide, particulate matter, or nitrogen oxides that 

### occurs before the applicable minor 

### so= baseline date is creditable only if

### it is required to be considered in calculating the amount ofmaximum allowable increases remaining available. (5} An increase in actual emissions is creditable only to the extentthat the new level ofactual emissions exceeds the old leveL (6) A decrease in actual emissions is creditable only to the extent that: (a) the old level ofactual emissions or the old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; (b) it 

### is enforceable 

### as a practical matter at and after the time that actual construction on the particular change begins; and (c) it has approximately the same qualitative signlficance for public health and welfare as that attributed to the increase from the particular change. (7) An increase that results fi:om a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutsnt. Any replacement unlt that requires shakedown becomes operational only aller a reasonable shakedown period, not to exceed ISO days. (8) Paragraph (2) ofSubsection B of 

### this section shall not apply for determining creditable increases and decreases. AM. "Nonattainment 

### area" means an area which has beco designated under Section 107 ofthe federal Clean Air Act as nonattaimnent for one or more of the national ambient air quality standards by EPA. AN. "Portable 

### staliona.ry source" means 

### a source which 

### can be relocated to another operating site with limited dismantling and reassembly. AO. "Potenlial to emit" means the maximum capacity of

### a stationary source to emit a pollutsnt under its physical and operational design. Any physical or operational limitation on the capacity ofthe source to emit a pollutsnt, including air pollutant control equipment and restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored, or processed, shall be treated as part ofits design ifthe limitations or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining tha potential to emit ofa stationary source. AP. ''l'redlclive emissions monitoring oy5tem (PEMS)" means all ofthe equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other infonnation (for example, gas tlow rate, 02 or C02 concentrations), and calculate and record the 

### mass emissions rate {for example, lblhr) on a continuous basis. AQ. "Project'' means a physical change in, or change in method ofoperation of, an existing major stationary source. AR. "Projeded lldual emisslom" means the maximum annual rate, in tons per year, at which ao existing emissions unit is projected to emit a regulated new source review pollutant in any one ofthe 5 years (12· month period) following the date the unit resumes regular operation after the project, 

### or in any one ofthe 10 years following that date, ifthe project involves increasing the emissions unit's design capacity or 

### its potential to emit that regulated new source review polluUint, and full utilization of the unit would result in a significant emissions increase, 

### or a significant net emissions increase at the major stationary 

### source. In determining the projected actual emissions (before beginning actual construction), the owner or operator ofthe major stationary source: (l) shall consider all relevant information, including but not limited to, historical operational 

### data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under the approved plan; and (2) shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and (3) shall exclude, in calculating any increase in emissions that results from the particular project, that portion ofthe unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under Subsection G ofthis section and that 

### are also unrelated to the perticular project, including any increased utilization due to product demand growth; or, (4) in 

### lieu ofusing the method set out in Paragraphs (I) through (3) ofthis subsection, may elect to use the emissions unirs potential to emit, in tons per year, 

### as defined in Subsection AR ofIbis section.

20.2. 74 NMAC 7AS. "Regulated 

### new source 

### review pollutant", for purposes of

### this part, 

### means the following: (1) any pollutant fur wbich a national ambient air quality standard has been promulgated and any pollutant identified under this paragraph (Paragraph (I) ofSubsection AS of20.2.74.7 NMAC) as a constituent or precursor to such pollutant; 

### precursors identified by the administrator for purposes ofNSR 

### are the following: 

### (a) volatile organic compounds and nitrogen oxides 

### are precursors to ozone in all attainment and unclassifiable areas; (b) sulfur dioxide is a precursor to PM:u in aU attainment and unclassifiable areas; (c) nitrogen oxides are presumed to be precursors to PMuin all attainment and unclassifiable areas, unless the state demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in 

### a specific 

### area are not 

### a significant con1ributor 1o that area's ambient PM., concentrations; (d) volatile organic compounds 

### are presumed not to be 

### precursors to PM,_, in any attainment or unclassifiable area, unless tha state demonstrates to the admioislrator's satisfaction or EPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM,concentrations; (2) any pollutant that is subject to any standard promulgated under Section Ill ofthe act; (3) any class I 

### or 

## n substance subject 1o a standard promulgated under or established by 

### title VI ofthe act; or (4) any pollutant that otherwise is subject to regulation under the act 

### as defined in Subsection AZ

## of thiS, section; (5) notwithstanding Paragraphs (I) through (4) ofSubsection AS ofthis section, the term "regulated NSR pollutant" shall not include any or 

### aU hazardous air pollutants either listed in Section 112 of the act, or added 1o !be list pursuant to Section Jl2(b)(2) of!be act, and wbichhave not been delisted porsusnt to Section 112(bX3) of the act, unless the listed hazardous air pollutant 

### is also regulated 

### as a constituent 

### or precursor ofa general pollutant 

### listed under Section 

### I08 ofthe act; (6) particulate matter (PM) emissions, 

### PM,., emissions, and PM,o emissions shall include gaseous emissions from a source or activity wbich condense to fonn particulate matter at ambient temperatures; on or after January l, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5 and PMIO in PSD permits; compliance with emissions limitations fur PM, PM2.5 and PMIO issued prior 

### to this date shall not be based on condensable particular matter unless required by the terms and conditions ofthe permit or the applicable implementation plan; applicability determinations made prior to tbis date without accounting fur condensable particular matter shall not be considered in violation oftbis section unless the applicable implementation plan required condensable particular matter to be included 

### AT. "Replacemeot unit" means an emission unit 

### for which all ofthe following criteria are met. No creditable emission reductions shall be generated from sbuning down the existing emissions unit that is replaced. (1) The emissions unit is 

### a reconstructed unit within the meaning of40 CFR 60.15(bXI), 

### or the emissions unit completely takes !be place ofan existing emissions unit. (2) The emissions unit is Identical to 

### or functionally equivalent to the replaced emissions unit. (3) The replacement unit does not change the basic design parameter(s) ofthe process unit. (4) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, orpermanently barred from operation by a permit that is enforceable 

### as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. AU. "Secondary emlss.lons" means emissions which occur as a result ofthe construction or operation ofa major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the pw:pose ofthis section, secondary emissions must be specific, well dellned, quantifiable. and impact the same general areas 

### as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility wbich would not be constructed or 

### increase its emissions except 

### as a result ofthe construction or operation ofthe major stationary source 

### or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe ofa motor vehicle, from a train, or from a vessel. AV. "Secretary" means the cabinet level secretary ofthe New Mexico environment department or his or her successor. AW. *'Significant" means in reference to a net emissions increase or the**potentia~** ofa source to emit air pollutants, a rate ofemission that would equal or exceed any of !be rates listed in table 2 (20.2. 74.502 NMAC).

20.2.74 NMAC 8

# c

( AX. "Signlficant emissions Increase" means, for a regulated 

### new source review pollutant, an increase in emissions that is significant (as defined in Subsection A Wofthis section) for 

### that pollutant AY. "Stationary source" means any building, structure, facility, or installation which emits, or may emit, any regulated new source review pollulllnt AZ. "Subject to regulation" means, for aoy air poUutant, 

### that the pollutant 

### is subject to either a provision in the act, or a nationally-applicable regulation codified by the administrator in subchapter C of40 CFR Chapter l, that requires actual control ofthe quantity ofemissions ofthat pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity ofemissions ofthat pollutant released from the regulated activity. Except that: (1) 'greenhouse gases (GHGs)" shall not be subject to regulation except as provided in paragraphs AZ(4) and (5) ofthis section and shall not be subject to regulation ifthe statioruuy source maintains its total source· wide emissions below the GHG PAL level, meets the requirements in 20.2.74.320 NMAC, and complies with the PAL pennit containing the GHG PAL; (2) for purposes ofParagraphs (3) through (5) ofSubsection AZ ofthis section, the term "tons per year C02 equivalent emissions (CO,e)" shall represent an amount ofGHGs emitted, and shall be computed as follows: (a) multiplying the mass amount ofemissions (tons per year), for each ofthe six greenhouse 

### gases in the pollutant GHGs, by the gas's associated global warming pntential published at table A·! to subpart A of 40 CFR part 98. Gloha.l Warming Potentials; for purposes ofthis subparagraph, prior to July 21,2014, thernass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating from plants, animals or microorsanisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable Of8anic fractions ofindustrial and municipal wastes, incloding gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material); (b) sum the resultant value from Subparagraph (a) ofParagraph (2) ofSubsection AZ ofthis section for each gas to compute a 

### tons per year CO,e; (3) the term 'emissions increase" as used in Paragraphs {4) and (5) ofSubsection AZ ofthis section shall mean that both a significant emissions increase (as calculated using the procedures in Subsection D of 20.2.74.200 NMAC) and a significant net emissions increase (as defmed in Subsections AL, AW and AX of 20.2.74.7 NMAC) occur; for the po!lutant GHGs, an emissions increase shall be based on tons per year CO,e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tons per year C02e instead ofapplying the value in table 2 of20.2.74 NMAC; (4) beginning January 2, 20 I I, the pollutant GHGs is subject to regulation if: (a) the stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tons per year CQ,e or more; or (b) the stationary source is an existing ml\i<>r stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase ofa regulated NSR pollutant that is not GHGs, and also will have an emissions increase of75,000 tons per year CO,e or more; and (5) beginning July I, 2011, in addition to the provisions in Paragraph (4) ofthis subsection, the pollutant GHGs shall also be subject to regulation: (a) at anew stationary source that will emit or have the potential to emit 100,000 tons per year CO,e; or (b) at an existing stationary source that emits ofhas the potential to emit 100,000 tons per year C02e, when such stationary source undertakes a physical change or change in the method ofoperation that will result in an emissions increase of75,000 tons per year CO,e or more; (6) 

### ifa federal court stays, invalidates or otherwise renders unenforceable by the US EPA, in whole or in part, the prevention ofsignificant deterioration and Title V greenhouse gas tailoring rule (75 FR 31514, June 3, 2010), the definition "subject to regulation" shall be enforceable by the department only to the extent that it is enforceable by US EPA. BA. "Temporary source" means a stationary source which changes its location or ceases to 

### exist within two years from the date ofinitial start ofoperations. BB. "Visibility impairment" means any humaniy perceptible change in visibility (visual range, contrast. coloration) from that which would have existed under natural conditions. BC. "Volatile organic compoud (VOC)" means any organic compound which participates in atmospheric photochemical reactions; that is, any organic compound other than those which the administrator designates as having negligible photochemical reactivity.

20.2.74NMAC 9[07120/95; 01101100; 20.2.74.7 NMAC- Rn, 20 NMAC 2.74.107, 10/31102; A, 1122/06; A, 8/31109; A, III/II; A, 6/3/ll;A, 2/6/13)
20.2.74.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This Part amends and supersedes Air Quality Control Regulation (AQCR) 707, which was originally flied on February 14, 1984, and subsequently refiled on July 15, 1986; August I, 1988; and May 29, 1990. All references to AQCR 707 in any other rule shall be understood as a reference to this Part. [07120/95; 20.2.74.8 NMAC- Rn, 20 NMAC 2.74.106, J0/31/02)
20.2.74.9 DOCUMENTS: Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Harold Runnels Building, ll90 St. Francis Drive, Santa Fe, NM 87503 [1301 Siler Rd., Bldg. B, Santa Fe, NM 87507). [07120/95; 20.2.74.9 NMAC- Rn, 20 NMAC 2.74.109, 10/31102; A, 01/0I/11)
20.2.74.10 SEVERABILITY. Ifany provision ofthis part, or the application ofsuch provision to any person or circumstance, is held invalid, the remainder ofthis part, or the application ofsuch provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. [20.2.74.10 NMAC- N, 1122/06) 20.2.74.11 CONSTRUCTION. This part shall be liberally constroed to carry out its purpose. [20.2.74.11 NMAC- N, 1/22/06) 20.2.74.12 SAVINGS CLAUSE. Repeal or supersession ofprior versions ofthis part shall not affect any administrative orjudicial action initiated under those prior versions. [20.2.74.12 NMAC- N, 1122/06)
20.2.74.13 COMPLIANCE WITH OTHER REGULATIONS. Compliance with this part does not relieve 

### c·.···· .·.·. a person from the responsibility to comply with any other applicable federal, state, or local regulations. .• [20.2.74.13 NMAC- N, 1122/06) 20.2.74.14 LIMITATION OF DEFENSE. The existence ofa valid permit under this part shall not constitute a defense to a violation ofany section ofthis part, except the requirement for obtaining a permit. [20.2.74.14 NMAC- N, 1122/06) 20.2.74.15 to 20.2.74.107 [RESERVED)
20.2.74.108 RESTRICTIONS ON AREA CLASSIFICATIONS: A. Mandatory Class I Federal areas: (1) The following areas which were in existence on August 7, 1977, shall be mandatory Class I Federal areas and may not be redesignated: (a) International parks (all ofthem); (b) National wilderness areas which exceed 5,000 acres in size; (c) National memorial parks which exceed 5,000 acres in size; and (d) National parks which exceed 6,000 acres in size. (2) Specifically for New Mexico, these areas are: (a) Bandelier Wilderness, administered by NPS; (b) Bosque del Apache Wilderness, administered by NFWS; (c) Carlsbad Caverns National Park, administered by NPS; (d) Gila Wilderness, administered by NFS; (e) Pecos Wilderness, administered by NFS; (f) Salt Creek Wilderness, administered by NFWS; (g) San Pedro Parks Wilderness, administered by NFS; (h) Wheeler Peak Wilderness, administered by NFS; and (i) White Mountain Wilderness, administered by NFS; where: NPS =National Park Service, NFWS =National Fish and Wildlife Service, NFS = National Forest Service. B. Areas which may be redesignated only as Class I or Class II:

20.2.74 NMAC 10

# (



# ((/' (1) The following areas may be redesignated only as Class I or II: (a) an 

### area, as ofAugust 

### 7, 1m, which exceeds 10,000 acres in size and is anatiooal monument, national primitive 

### area, national 

### preserve, national recreational area, national wild and s;:enic river, national wildlife refuge; or (b) 

### a national park or national wilderness 

### area established 

### after August 7, 1977 which exceeds I0,000 

### aaes in size. (2) Specifically for New Mexico, these areas include (but are not 

### necessarily limited to): (a) Apache Kid Wilderness, administered by NFS; (b) Bandelier National Monument, administered byNPS; (e) Bitter Lake National Wildlife Refuge, administered by NFWS; (d) Blue Range Wilderness, administered by NFS; (e) Bosque del Apache National Wildlife Refuge, administered by NFWS; (f) capitan Mountains Wilderness, administered byNFS; (g) Cebolla Wilderness, administered 

## hY BLM; (b) Chama River Canyon Wilderness, administered by NFS; (I) Cruces Basin Wilderness, administered by NFS; (j) De-na-zin Wilderness, administered by BLM; (k) El Malpais National MonUllllmt, administered 

## hY NPS; (I) Latir Peak Wilderness, administered by NFS; (m) 

### Manzano Mountain Wilderness, administered by NFS; (n) San Andres National Wildlife Refuge, administered 

## hY NFWS; (o) Sandia Mountain Wlldemess, administered by NFS; (p) Sevillata National Wildlife Refuge, administered 

### by NFWS; (q) West Malpais Wilderness, administered by BLM; (r) White Sands National Monument, administered by NPS; and (s) Withington Wilderness, administered by NFS; where: NFS =National Forest Service, NPS • National Park Service, NFWS**~National** Fish and Wildlife Service, BLM =Bureau ofLand Management [07120/95; 20.2.74.1 08 NMAC • Rn, 20 NMAC 2.74.1 08, I0131/02]
20.2.74.109 to 20.2.74.199 [RESERVED] 20.2.74.200 APPLICAJllLITY. A. '!herequirements ofthis part apply to the construction ofany new major stationary source (as defined in 20.274.7 NMAC) or any project at an existing major stationary source in an area designated as attainment or unclassifiable. B. The requirements ofSections 300 through 306, 400 and 403 of this part apply to the construction ofany new major stationary source or the major modification ofany existing major stationary 

### source, except as this part otherwise provides. 

## c. No new major stationary soutce or major modification to which the requirements ofSubsections A, B, C and D of20.2.74.300 NMAC, and Sections 301, 302, 303, 304, 305, 306, 400 and 403 of this part apply shall begin actual comtruction without a penni! that states that the major stationary source or major modification will meet those requirements. D. Applicability procedures. (1) Except as otherwise provided in Subsections E and F ofthis section, and consistent with the definition ofmajor modification contained in 20.2.74.7 NMAC, a project is a major modification for a regulated new source review pollutant ifit causes two types ofemissions increases · a significant emissions increase (as defined in 20.2.74.7 NMAC), and a significant net emissions increase (as defined in Subsections ALand AX of 20.2. 74.7 NMAC). The project is not a major modification ifit does not cause a significant emissions increase. Ifthe project causes a significant emissions increase, then the project is a major modification only ifit also results in a significant net emissions increase. (2) The procedure for calculating (before beginning aetna! construction) whether a significant emissions increase (i.e_, the first step ofthe process) will occur depends upon the type ofemissions units being modified, according to Paragrnphs (3) through (4) ofthis subsection. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (I.e., the second step ofthe process) is contained in the definition in 20.2.74.7 NMAC. Regardless ofany such

20.2.74 NMAC 11

### ( precon.slruction projections, a major modification results ifthe project causes a significant emissions increase 

### and a 

# c.·
.. significant net emissions increase.

. (3) Actual-to-pro jeered-actual applicability test for projects that involve existing emissions units. A significant emissions increase ofaregulated new source review pollutant is projected to occur ifthe sum ofthe difference between the**pr~ected** actual emissions (as defined in 20.2.74.7 NMAC) and the baseline actual emissions (as defined in Paragraphs (I) and (l) ofSubsection G of20.2.74.7 NMAC) for each ex.bting emissions unit, equals or exceeds the significant amount for that pollutant (as defined in 20.2.74.7 NMAC). (4) Actual-to-potential test for projects 

### that involve construction ofa

### new emissions unit(s). A significant emissions increase ofa regulated new source review pol1utant is projected to occur ifthe sum ofthe difference betweenthe potential to emit (as defined in 202 .74 .7 NMAC) from each new emissions unit following completion ofthe project and the baseline actual emissions (as defmed in Paragraph (3) of Subsection G of20.2.74.7 NMAC) ofthese units before the project equals or exceeds the significant amount for that pollutant (as defined in 20.2.74.7 NMAC). (5) Hybrid test lbr projects that involve multiple types ofemissions units. A significant emissions increase ofa regulated NSR po11utant is projected to occur ifthe 

### sum ofthe emissions increases for each emissions unit, using the method specified in Paragraphs (3) 

### and ( 4) ofthis subsection 

### as applicable with respect to each emissions unit, for each type ofemissions unit equals or exceeds the significant amount fur that po11utant. For example, ifa project involves both an existing emissions unit and a new emissions unit, the projected increase is determined by summing the values determined using the method specified in Paragraph (3) of

### this subsection for the existing unit and detennined using the method specified in Paragraph (4) ofthis subsection for the new unit E. For any major stationary source for a PAL for a regulated new source review pollutant, the major stationary source shall comply with requirements under 20.2.74.320 NMAC. [07/20/95; 20.2.74.200 

### NMAC- Rn, 20 NMAC 2.74.200, 10131102; A, 

### 1122106; A, 01/01/11] 20.2.74.201 EXEMPTIONS: This Part shall not apply to: A. Each regulated pollutant emitted for which the area the source proposes to locate in is designated 

### as nonatta.inment; B. Sources or modifications that are part of

### a nonprofit health or nonprofit educational institution and are approved by the Secretary; C. A portable stationary source which has previously received a permit pursuant to this Part; and (I) The owner or operator proposes to relocate the source, and emissions from the source at the new location will be temporary; and (2) The emissions from the source would not exceed its allowable emission rate; and (3) The emissions from the 

### source would not impact any Class I Federal area nor any area where an applicable increment is known to be violated; and (4) Reasonable notice is given 

### to the Department prior to the relocation identifying the proposed new location and probable duration ofoperation at the new location. Such notice shall be given to the Department not less than ten (I0) days in advance ofthe proposed relocation unless a 

### different time interval is previously approved by the Department; D. A source or modification thst would be major only iffugitive emissions, to the extent they 

### a:re quantifiable, are considered in calculating the potential to emit or net emissions increase, and the source does not belong to: (l) Any category in Table 1ofthis Part (20.2.74.501 NMAC); or (2) Any other stationary source category which 

### as ofAugust 7, 1980 is being regulated under section Ill or 112 ofthe Act. [07120/95; 20.2.74.20I NMAC- Rn, 20 NMAC 2.74.201, 10/31/02] 20.2.74.202 tn 20.2.74.299 [RESERVED] 20.2.74.300 OBLIGATIONS OF OWNERS OR OPERATORS OF SOURCES: A. Any owner or operator who begins actual construction or operates a source or modification without, or not in accordsnce with, a 

### permit issued under the requirements ofthis part shall be subject to enforcement action. 

# c

B. The issuance ofa penni! does not relieve any person from the responsibility ofcomplying 

### with the 

# c· provisions ofthe Air Quality Control Act, sections 74-2-I to 74-2-17, NMSA 1978; any applicable regulations of the board; and any other requirements under local, state, or federal law.

20.2.74 NMAC 12

# c

!( C. Approval to construct shall become invalid if: I) construction is not commenced within eighteen ( 18) months alter receipt ofsuch approval; 2) if construction is discontinued for a period ofeighteen (18) months or more; or 3) ifconstruction is not completed within a reasonable time. For a phased construction project, each phase must commence construction within eighteen (l8) months ofthe pro jeered and approved commencement date. The secretary may extend the eighteen (18) month period upon a satisfactory showing that an extension isjustified. D. Ifa sollJ"(;e or modification becomes a major stationary source or major modification solely due to a relaxation in any enforceable limitation (which limitation was established alter August 7, 1980). on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours ofoperation, then this part shall apply to the source or modification as though construction had not yet commenced. E. Except as otherwise provided in Paragraph (6) under this subsection (Subsection E of20.2.74.300 NMAC), the following specific provisions apply with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary souroe (other than projects at a source with a PAL) in cilwmstances where there is a reasonable possibility, within the meaning ofParagraph (6) under this subsection (Subsection E of 20.2.74.300 NMAC), that a project that is not a part ofa major modification may result in a significant emissions increase ofsuch pollutant, and the owner or operator elects to use the method specified in Paragraphs (I) through (3) ofSubsection AR of20.2.74.7 NMAC for calculating projected actual emissions. (1) Before beginning actual construction ofthe project, the owner or operator shall document and maintain a record ofthe following information: (a) a description ofthe project; (b) identification ofthe emissions unit(s) whose emissions ofa regulated new source review pollutant could be affected by the project; and (c) a description ofthe applicability test used to determine that the project is not a major modification for any regulated new souroe review pollutant, including the baseline actual emissions, the projected actual emissions, the amount ofemissions excluded uoder Paragraph (3) of Subsection AR of20.2.74.7 NMAC and an explanation for why such amount was excluded, and any netting calculations, ifapplicable. (l) Ifthe emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy ofthe information set out in Paragraph (I) ofthis subsection to the department. Nothing in this paragraph shall be construed to require the owner or operator ofsuch a unit to obtain any determination from the department; however, necessary preconstruction approvals and/or permits must be obtained before beginning actual construction. (3) The owner or operator shall monitor the emissions ofany regulated new source review pollutant that could increase as a result ofthe project and that is emitted by any emissions unit identified in Subparagraph (b) ofParagraph(!) ofthis subsection; and calculate and maintain a record ofthe annual emissions, in tons 

### per year on a calendar year basis, for a period of

### 5 years following resumption ofregular operations after the change, or for a period of 1 0 years following resumption ofregular operations alter the change ifthe project increases the design capacity or potential to emit ofthat regulated new source review pollutant at such emissions unit. (4) Ifthe unit is an existing electric utility steam generating unit, the owner or operator shall submit a raport to the department within 60 days after the end ofeach year doring which records must be generated uoder Subparagraph (c) ofParagraph (I) ofthis subsection setting out the unit's annual emissions during the calendar year that preceded submission ofthe report. (5) Ifthe unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified in Paragraph (I) ofthis subsection, exceed the baseline actual emissions (as documented and maintained pursuant to Subparagraph (c) ofParagraph (I) ofthis subsection) by a significant amount (as defined in 20.2.74.7 NMAC) for that regulated new source review pollutant, and ifsuch emissions differ from the preconstruction projection as documented and maintained pursuant to Subparagraph (c) ofParagraph (I) of this subsection. Such report shall be submitted to the department within 60 days after the end of such year. The report shall contain the following: (a) the name, address and telephone number ofthe major stationary source; (b) the annual emissions as calculated pursuant to Paragraph (3) ofthis subsection; and (c) any other information that the owner or operator wishes to include in the report (e.g.• an explanation as to why the emissions differ from the preconstruction projection); (6) a "reasonable possibility" uoderthis subsection (Subsection E of20.2.74.300 NMAC) occurs when the owner or operator calculates the project to result in either: (a) a projected actual emissions increase ofat least 

### 50 percent of

### the amount that is a "significant emissions increase," as defined under Subsection AX of20.2.74.7 NMAC (without reference Ill the amount that is a significant net emissions increase), for the regulated NSR pollutant; or

20.2.74 NMAC 13

### { (b) a projected actual emissions increase that, added to the amount ofemissioru; excluded under Paragraph (3) ofSubsection AR of20.2.74.7NMAC, sums to at least SO percent ofthe amount thetis a "significant emissions increase," as defmed under Subsection AX of20.2.74.7 NMAC (without reference to the amount that is a significant net emissioru; increase), for the regulated NSR pollutant; for a project for which a reasonable possibility occurs only within the meaning under this subparagraph (Subparagraph (b) ofParagraph (6) ofSubsection E of 20.2.74.300 NMAC), and not also within the meaning ofSubparagraph (a) under this paragraph (Paragraph (6) of Subsection E of20.2,74.300 NMAC), then the provisions in Paragraphs (2) through (S) under this subsection (Subsection E of20.2.74.300 NMAC) do not apply to the project 

### F. The owner or operator ofthe source shall make the information required to be documented 

### and maintained pursuant to Subsection E ofthis section available for review upon request for inspection by the department or the 

### general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii). [07/20195; 20.2.74.300 NMAC- 

### Rn, 20 NMAC 2.74.300, 10/31102; A, 1122/06; A, 1/1111; A, 6/3/11) 20.2.74.301 SOURCE INFORMATION: The owner or operator ofa proposed source ormodification shall submit all information necessary to perform any analysis or make 

### any determination required under this Part. A. Information shall include, but is not limited to: (1) A description ofthe nature, location, design capacity, and typical operating schedule ofthe source or modification, incloding specifications and drawings showing the design and plant layout; and (2) A delailed schedule ofcons1nlction ofthe 

### source or modification; and (3) A detailed description ofthe planned system ofcontinuous emission reduction for the source or modification, emission estimates, and other information necessary to determine that Best Available Control Technology will be applied. B. Upon request by the Department, the owner or operator shall also provide infotmation on: (1) The air quality impact ofthe source or modification, including meteorologic and topographic data necessary to estimate such impact; and (2) The air quality impacts, and the nature and extent ofany or aU general commercial, residential, industrial, and other growth which has occurred since August 7, 1977 in the area the source or modification would affect. [07/20/95; 20.2.74.301 NMAC- Rn, 20 NMAC 2.74.301, 10/31/02] 

### lO.l.74.302 CONTROL TECHNOLOGY REQUIREMENTS: A. A new major stationary source shall apply BestAvailable Control Technology for each regulated pollutant that it would have the potential to 

### emit in 

### amounts equal to or greater than the significance levels 

### as listed in Table 2 ofthis 

### Part (20.2.74.502 NMAC). This requirement applies to each proposed emissions unit or operation that will emit such pollotaot. B. A major modification shall apply Best Available Control Technology for each regulated pollutant at the source when a significant net emissions increase occurs 

### as defmed in this Part. This requirement applies to each proposed emissions unit or operation where a net emissions increase in the pollutant would occur 

### as a result of 

### a physical change 

### or change in the method ofoperation in the unit. 

### C. For phased construction projects, the determination ofBest Available Control Technology shall be reviewed 

### and modified as appropriate at the latest reasonable time bot no later than eighteen (18) months prior to commencement ofconstruction ofeach independent phase ofthe project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy ofany previous determination ofBest Available Control Technology for the source. D. The Department may approve a sYStem ofinnovative control technology fur the major stat.ionruy source or major modification if; (1) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or 

### safety in its operation 

### or function; and 

### (l) The owner or operator agrees to achieve a level ofcontinuous emissions reduction equivalent to that which would have been required under Best Availal>le Control Technology by a date specified by the Department. Such date shall not be later than four (4) years from the time ofstartup or seven (7) years from penni! issuance; and (3) The source or modification would meet the requirements of20.2.74.302 NMAC and 20.2.74.303 NMAC based on the emission rate that the system ofinnovative control technology would be required to meet on the date specified by the Department; and

20.2.74 NMAC 14 

# (;

(

# (**~c.·**



# ( (4) During the interim period ofachieving the permitted emission level, the source or modification would not: (a) Cause or contribute to a violation ofan applicable national ambient 

### air quality standard; nor (b) Impact any Class! Federal area; nor (c) Impact any area where an applicable increment is 

### known to be violated; and All other applicable requirements including those lbrpublic participation have been met. (5) E. The Department shall withdraw any approval to employ 

### a aystem ofinnovative control technology if: (1) The proposed aystem fails by the specified date to achieve the required continuous emissions 

### reduction rate; or (2) The proposed system fttils before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or (3) The Department decides at any time that the proposed aystem is Wllil<ely to achieve the required level ofcontrol or to protect the public health, welfare, or safety. 

### F. Ifa source or modification fails to meet the required level ofcontinuous emission reduction within the specified time period orthe approval is wilhdrawn in accordance with subsection E of20.2.74.302 NMAC, !he Department may allow the source or modification Up to an additional three (3) years to meet the requirement fur the application ofBest Available Control Technology. This shall be accomplished through use ofa demonstrated system ofcontrol. G. Ifthe owner or operator of

### a major statioruuy source or major modification previously issued 

### a permit Wider this 

### Part applies for an extension (as provided for under subsection C of20.2.74.300 NMAC), and the new proposed date ofconstruction is greater than eighteen (18) months ftom the date the penni! would become invalid, the determination ofBest Available Control Technology shall be reviewed and modified as appropriate before such an extension is granted. At such time, !he owner or operator ofthe applicable statiooary source may be required to demonstrate the adequacy ofany previous determination ofBest Available Cootrol Technology for the source. H. With respect to PM 1o, for !he case where PM 1 oemissions cannot be quantified, the Best Available Control Technology limitation may be defined in terms ofparticulate matter emissions. [07/20/95; 20.2.74.302 NMAC- Rn, 20 NMAC 2.74.302, 10131/02) 20.2.74.303 AMBIENT IMPACT REQUIREMENTS: A. The requirements ofthis section shall apply to each pollutant emitted by 

### a new major stationary source or major modifu:ation in amounts equal to or greater than !hose in Table 2 of !his 

### Part (202.74.502 NMAC). For PM 1o. the source wiD only be required to perform l!Dlbient impact analysis for PM,o when the source has the potential to emit significant amounts ofPM10 (Table 2, 20.2.74.502 NMAC). For PM,.,, the demonstration required in Subsection B of20.2.74.303 NMAC is deemed to have been made ifthe emissions increase from the new stationary source alone or from the modification alone would cause, in all areas, air quality impacts less than 0.06 micrograms per cubic meter (annual average) and 0.07 micrograms per cubic meter (24-hour average) for Class I federal areas and 0.3 micrograms per cubic meter (annual average) and 1.2 micrograms per cubic meter (24 hour average) for Class II and Class III federal areas. B. The allowable emission increases from the proposed source ormodification, including secondary emissions, in conjunction with all other applicable emissions increases or reductions, including secondary emissions, shall not cause or contribute to air pollution in violation of: (1) any national ambient air quality standard in any location; or (2) any applicable maximum allowable increase as shown in Table 4 ofthis Part (20.2.74.504 NMAC) over !he baseline concentratioil5 in any area; (3) the owner or operator ofthe proposed major stationary source or major modification shall demonstrate that neither Paragraph (I) nor Paragraph (2) of20.2.74.303 NMAC will occur. [07/20/95; 20.2.74.303 NMAC- Rn, 20 NMAC 2.74.303, 10131/02; A, 6/3/ll] 10.1.74..304 ADDITIONAL IMP ACT REQUIREMENTS: A. The owner or operator ofthe proposed major stationary source or major modification shall provide an analysis ofthe impairment to visibility, soils, and vegetation that would occur as a result of!he source or modification and general**commercia~** residential, industrial, and olher growth associated with the source or modification. The owner or operator need not provide an analysis ofthe impact on vegetation having no significant commercial or recreational value. The analysis can use data or infonnation available from the Department.

20.2.74 NMAC 15

### B. The owner or operator 

### shall also provide 

### an analysis ofthe 

### air quality impact projected for the area as a result ofgeneral commercial, residential, industrial, and 

### other growth associated with the source or modification. [07120/95; 20.2.74.304 NMAC- Rn, 20 NMAC 2.74.304, I0/31/02] 

### 20.2.74.305 

### AMBIENT AIR QUALITY MODELING: All estimates ofambient concentrations required by this Part 

### shali be 

### based on applicable air quality models, data bases, and other requirements as specified in EPA's Guideline on Air 

### Quality Models (EPA-45012·78-027R, July, 

### 1986), its revisions, or any supersed.ins EPA document, and 

### approved by the Department. Where an air quality impact model specified in the Guideline on Air Quality Models is inappropriate, the model may be modified or another model substituted. Any substitution or modification of

### a model must be approved by the Department. Notification sball be given by 

### the Department of such 

### a substitution or modification and the opportunity for public comment provided for in fullllling the public notice requirements in subsection 

### B of20.2.74.400 NMAC. The Department win 

### seek EPA approval ofsuch substitutions or modifications. [07/20/95; 20.2.74.305 NMAC

- Rn, 20 

### NMAC 2.74.305, I

### 0131/02] 20.2.74.306 

### MONITORING REQUIREMENTS: A. 

### Any application for a permit 

### under this part shall contain an analysis ofambient air quality. Air quality dsta can 

### be that measured by 

### the applicant or that available from a 

### government agency 

### in the area 

### affected by the major stationary source or major modification. The analysis shall contain the following: (1) 

### for a 

### major stationary source, each pollutant for which the potential to emit is equal to or greater than the 

### significant emission rates as listed in Table 2 oftbis part 

### (20.2. 74.502 NMAC); or (2) 

### for a 

### major modification, each pollutant that would result in a significant net emission inerease. B. Ifno national ambient air quality standard (NAAQS) for a 

### pollutant exists, aod 

### there is an acceptable method for monitoring that pollutant, the analysis shall contain such air quality monitoring data 

### as the department determines is necessary to assess ambient air quality for that pollutant. C 

### Continuous air quality monitoring data 

### shall be required for all 

### pollutants for which a national**(~.** 

### - .. \. ambient air quality standsrd exists. Such dsta shall be 

### submitted to the department for at least the one (I) 

### year period 

### prior to receipt ofthe permit application. The department has 

### the discretion to: (1) 

### determine that a complete and adequate analysis can be 

### accomplished with monitoring dsta 

### gatherad over a period shorter than one year but not less than 

### four months; 

### or (2) 

### determine that existing air quality monitoring data is representative ofair 

### quality in the affected area and accept such data in lieu of additional monitoring by the applicant. D. Ozone monitoring shall be 

### performed ifmonitoring dsta is required for volatile organic compounds. Post construction ozone monitoring dsta maY be 

### submitted in lieu ofproviding preeonstruction dsta 

### as required under Subsection C of20-2.74.306 NMAC 

### ifthe owner or operator ofthe proposed major source or major modification satisfies all the provisions of40 CFR Part 51, 

### Appendix S, 

### Section IV. 

### E. The department may require monitoring of visibility in 

### any Class I federal area where the department determines that an adverse impact on visibility may occur due primarily to the operations ofthe proposed new source or modification. Such monitoring sbali be conducted following procedures approved by the department and 

### subject to the following: (1) 

### visibility monitoring methods specified by 

### the department shall be reasonably available aod 

### not require any research and development; and (2) 

### the cost ofvisibility monitoring required by the department shall not exceed fifly percent (500A.) 

### ofthe cost ofambient monitoring required by 

### this part; if

### ambient monitoring is not required, the cost shall be estimated as ifit were required for each pollutant to which tbis part applies; (3) 

### both preconstruction and post construction visibility monitoring may be required; in 

### each case, 

### the duration ofsuch monitoring shall not exceed 

### one (I) 

### year. F. 

### The owner or operator ofa major stationary source or major modification shall conductpost construction ambient monitoring as 

### the dePartment determines is necessary to validate attainment ofambient air quality standards and 

### to assure that increments are not exceeded. G. The owner 

### or operator ofa 

### major stationary source or 

### major modification shall meet the requirements of

### 40 CPR 58, 

### Appendix B 

### during the operation ofmonitoring stations for purposes 

### ofsatiszying the requirements ofthis section. 

# c· H. 

### The department has 

### the**discre~o".** 

### to efoxernpt 

### a ;tationaryllusourcefor modification from 

### the

__ requirements ofthis section 

### with respect to morutonng r a 

### parttcular po tant i the emissions ofthe pollutant

20.2.74 NMAC 16

# (



# (c···

c'



# ( from the new source or !he net emissions increase ofthe pollutant from the modification would cause, in any area, 

### increases in ambient concentrations 

### less than the levels listed in Table 

### 3 of

### !his part (20.2.74.503 NMAC). 

### I. The deparlment shall exempt 

### a stationary soun:e or modification from !he requlremenls 

### ofthis section with respect to preconsttuction monitoring fur 

### a particular pollutant if. (1) for o;wne, volatile organic compound emissions are less than one hundred ( 100) tons per year; or {1) the air pollutant is not 

### aregulated pollutant; or {3) the existing ambient concentrations ofthe pollutem in the area that the source or modification would affect are less than the concentrations listed in Table 3 ofthis part (20.2.74.503 NMAC); or (4) the pollutant is not listed in Table 3 of !his part (20.2.74.503 NMAC). [07120195; 20.2.74.306 NMAC • Rn, 20 NMAC 2.74.306, 10131/02; A, 6/3111]
20.2.74.307 TEMPORARY SOURCE EXEMPTIONS: The requiremenls of20.2.74.304 NMAC and 20.2.74.306 NMAC shall not apply to 

### a temporarY source subject to this Part for a given pollutant if !he allowable emissions ofsuch pollutant would not impect any Class I Federal area or any 

### areas where an applicable increment is violated and would be temporarY. (07120195; 20.2.74.307NMAC· Rn, 20 NMAC 2.74.307, 10/31/02] 

## :zo.z.74.308 to 10.2.74.319 

### [RESERVED] 10.2.74.320 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs) A. Applicability. (1) The dePartment may approve the use of

### an actuals PAL, including for GHGs on either a mass basis or a C0 1e basis, for any existing major stationary soun::e or any other existing GHG-only source ifthe PAL meets the requirements in this section. 

### The term "PAL" shall mean •actuals PAL" throughout 

### !his section. (l) Any physical change in or change in the method ofoperation ofa major stationary source or a GHG-only source !hat maintains ils total soun:e-wide emissions below the PAL level, meets the requirements ofthis section, and complies with the PAL permit: (a) is not a major modif!CIItion for the PAL pollutant; (b) does not have to be approved through the requirements of this part; and (e) is not subject to the provisions in Subsection D of20.2.74.300 NMAC (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability ofthe major new source review program); and (d) does not make GHGs subject to regulation as defined by Subsection 

### AZ of20.2.74.7 NMAC. (3) Except as provided under SubParagraph (c) ofParagraph (2) of!his subsection, a major stationary source or GHG-only source shall continue to comply with all applicable federal or state requirements, emission limitations, and work practice requirements that were established prior to the effective date ofthe PAL. B. Defioldons applicable to tbis section. (1) Actuals PAL for a major stationary source means a PAL based on the baseline actual emissions (as defined in 20.2.74.7 NMAC) ofall emissions units (as defined in 20.2.74.7NMAC) at the source, that emit or have the potential to emit the PAL pollutant. For a GHG-only souree, "actua.ls PAL" means a PAL based on the baseline actual emissions (as def111ed in Paragraph (13) of!his subsection) ofall emissions units (as defined in Paragraph (14) of!his subsection) at the source, !hat emit or have the potential to emit GHGs. (2) Allowable emissions means "allowable emissions" as defmed in 20.2.74.7 NMAC, except as this definition is modified in accordance with the fullowing. (a) The allowable emissions for any emissions wtit shall be calculated considering any emission limitations that are enfurceable as a practical matter on the emissions unit's potential to emit. (b) An emissions unifs potential to emit shall be determined using the defmition in 20.2.74. 7 NMAC, except that the words "or enforceable as a practical matter" should be added after "1\:derally enforceable". (3) Small emissions unit means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount Jess than the significant level for that PAL**pollutan~** as defined in Subsection A W of 20.2.74.7 NMAC or in the act, whichever is lower. For a GHG PAL issued on a co,e basis, "small emissions unit'' means an emissi<ins unit that emits or has the potential to emit less than the amount ofGHGs on a C0 1e basis defmed as "significant" fur the p01p0ses ofParagraph (3) of Subsection 

### AZ of20.2.74.7 NMAC at the time the PAL permit is being issued. { 4) Major emissions unit means:

20.2.74 NMAC 17(a) any emissions unit that emits or bas the potential 

### to emit 100 tons per year or more ofthe PAL poUutant in an attainment area; or (b) any emissions unit that emits or bas the potential to emit the PAL pollutant in 

### an amotmt that is equal to or greater than the major source threshold for the PAL pollutant as defined by the act for nonattainment areas; for example, in accordance with the definition ofmajor stationary source in Section 182(c) of the act, an emissions unit would be a major emissions unit for VOC ifthe emissions tmit is located in a serious ozone nonattaimnent area 

### and it emits or bas the potential to emit 50 or more tons ofVOC per year; or (e) for a GHG PAL issued on a co,e basis, any emissions unit that emits or has potential to emit equal to or greater than the amotmt ofGHGs on a CO..e basis that would 

### be sufficient for a new source to trigger permitting requirements tmder SubsectionAZ of20.2.74.7 NMAC at the time the PAL permit is being issued. (S) Plantwide applicability limitation (PAL) means an emission limitation expressed on a mass basis in tons per year, or expressed in tons per year CO,e for 

### a CO,e-based GHG emission limitation, for a pollutant at 

### a major stationary source or GHO.only source, that is enforceable as a practical matter 

### and established source-wide in accordance with this section. (ti) PAL effective date generally means the date ofisSUllllce ofthe PAL permit. However, the PAL effective date for 

### an increased PAL is the date any emissions tmit that 

### is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. (7) PAL effective period means the pctiod beginning with the PAL effective date and ending 10 years later. (8) PAL major modification means. notwithstanding the definitions for major modification, net emissions increase, and subject 

### to regulation in 20.2.74.7 NMAC, any physical change in or change in the method of operation ofthe PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. (9) PAL permit means the major new source review pennit, the minor new source review permit, or the state operating permittmder 

### a progrwn that is approved into the plan, or the title Vpermit issued by the department that establishes a PAL for a major stationary source or a GHG-only source. (10) PAL pollutant means the pollutant for which a PAL is established at a major stationary source or a GHG-only source. For a GHG-only source, the only available PAL pollutant 

### is greenhouse gases.

### (~ ' (ll) Significant emissions unit means an emissions unit that emits or has the potential to emit a PAL \..../ pollutant in an amotmt that is equal to or greater than the significant level (as 

### defined in SubsectionAW of20.2.74.7 NMAC or in the act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the Wlil as a major emissions unit as defined in Paragraph (4) ofthis subsection. For a GHG PAL issued on a C0 2e basis, "significant emissions unie' means any emissions unit that emits or has the potential to emit GHGs on a CO,e basis in amounts equal to or greater than the amotml that would qualify the unit as a small emissions unit as defined in Paragraph (3) ofthis subsection, but less than the amount that would qualify the unit as a major emissions tmit as deftned in Subparagraph (c) ofParagraph (4) ofthis subsection. (ll) GHG-only source means any existing station source that emits orhas the potential to emit GHGs in the amount equal to or greater than the amOtmt ofGHGs on a mass basis that would 

### be sufficient fur a new source to trigger permitting requirements for GHGs tmder Subsection AG of20.2.74.7 NMAC and the amount of GHGs on a CO,e basis that would be sufficient for a new source to trigger permitting requirements for GHGs tmder Subsection 

### AZ of20.2.74.7 NMAC at the time the PAL permit is being issued, but does not emit or have the potential to emit any other non-GHG regulated new source review pollutant at or above the applicable major source threshold. A GHG-only source may only obtain a PAL for GHG emissions tmder 20.2.74.320 NMAC. (13) Baseline actual emissions for a GHG PAL means the average rate, in tons per year CO,e or tons per year GHG, as applicable, at which the emissions unit actually emitted GHGs during any consecutive 24·month period selected by the owner or operator within the IO·year period immediately preceding either the date the owner or operator begins actual construction ofthe project, or the dete a complete penni! application 

### is received by the department for a permit required under this section or by the department for a permit required by a plan, whichever is earlier. For any existing electric utility steam generating unit. ''baseline actual emissions" for a GHG PAL means the ilYerage fllte, in tons per year C02e or tons peryear GHG, as applicable, at which the emissions unit actually emitted the GHGs during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding either the date the owner or operator begins actual construction ofthe project, except that the department shall allow the use of a different time period upon a determination that it is more representative ofnormal source operation.**~** (a) The average rate

## shala.!~inc.lude fugitive emissions to the extent quantifiable, and emissions (__ associated with startups, shutdowns, and m •w•ctiOns.

20.2.74 NMAC 18

# (



# ( (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that 

### was legally enforceable during the consecutive 24-month period. (e) The average rate sball be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the stationary source must currently comply, had such stationary source been required to comply with such limitations during the consecutive 24-month period. (d) The average rate shall not be based 011 any consecutive 24-month period for which there is inadequate infOIIllation for determining annual GHG emissions and for adjusting this amount ifrequired by Subparagraphs (b) and (c) ofParagraph (13) ofthis subsection. (14) Emissions unit with 

### respect to GHGs means any part of a stationary source that emits or 

### has the potential to emit GHGs. For purposes ofthis section, there are two types ofemissions units as described in the following: (a) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than 2 years from the date such emissions unit first operated. (b) An existing emissions unit is any emissions lUIit that does not meet the requirements in subparagraph (a) ofthis paragraph. ·(15) Minor source means any stationary source lhat does not meet the definition ofmajor stationary source in Subsection AG of20.2.74.7 NMAC for any pollutant at the time the PAL is issued. C. Permit app6eatlon requiremenlll. As part ofa permit application requesting a PAL, the owner or operator of a major stationary source or a GHG-only source shall submit the following infonnatlon to the department for approval. (l) A list ofall emissions units at the source designated as small, significant ormajor based on their potential to emit. In addition, the owner or operator ofthe source shall indicate which, ifany, federal or state applicable requirements, emission limitations, or work practices apply to each IU!it. (2) Calculations ofthe baseline actual emissions (with supporting documentation). Baseline actual emissions are to include emissions associated not only with operation ofthe unit, but also emissions associated with startup, shutdown, and malfunction. (3) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions basad on a 12-month rolling lo!al for each month as required by Subsection M ofthis section. (4) As part ofa permit application requesting a GHG PAL, the owner or operator ofa major stationary source or a GHO.only source shall submit a statement by the source owner or operator that clarifies whether the source is an existing major source as defined in Paragraphs (I) and (2) ofSubsection AG of20.2.74.7 NMAC or a GHG-only source as delined in Paragraph (12) of Subsection B ofthis subsection. D. General requlremenlll for establishing PALo. {1) The department may establish a PAL at a major stationary source or a GHG-only source, provided that at a minimum, the following requirements are met. (a) The PAL shall impose an annual emission limitation expressed on a mass basis in tons per year, orexpressed in tons per year CD,e, that is enforceable as a practical matter, for the entire major stationary source or GHG-only source. For each month during the PAL effective period aJler the first 12 months of establishing a PAL, the major stationary source or GHG-only source owner or operator shall show that the sum of the monthly emissions from each emissions unit IU!der the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first II months from the PAL effective date, the major stationary source or GHG-only source owner or operator shall show that the sum ofthe preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL. (b) The PAL shall be establfshed in a PAL permit that meets the public participation requirements in Subsection E ofthis section. (e) The PAL penni! shall contain all the requirements ofSubsection G ofthis section. (d) The PAL shall include lilgitive emissions, to the extent quantifiable, from all emissions tmits that emit or have the potential to emit the PAL pollutant at the major stationary source or GHG·on!y source. (e) Each PAL shall regnlate emissions ofonly one pollutant. (f) Each PAL shall have a PAL effective period of 10 years. (g) The owner or operator ofthe major stationary source or GHG-only source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in Subsections L through N ofthis section for each emissions unit under the PAL through the PAL effective period.

20.2,74 NMAC 19(l) At no time (during or after the PAL effective period) are emissions reductions ofa PAL pollutant (' that 

### occur during the PAL ef!ective period creditable as decreases for purposes ofoffsets tmder 40 CFR

. 51.16S(a)(3)(ii) unless the level ofthe PAL is reduced by the amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthe PAL. 

### E. Public partldpatlon requirements for PALs. PALs for existing major stationary sources 

### or GHG-only sources shall be established, renewed, or indteased, through a procedure that is consistent with 40 CFR 51.160 and 161. This includes the requirement that the department provide the public with notice ofthe proposed approval ofa PAL permit and at least a 30-day period fur submittal ofpublic comment The department must address all material comments before taking final action on the penni!. F. Setting the 10-year actuals PAL level. (1) Except as provided in Paragraph (2) ofthis subsection, the actuals PAL level for a major stationary source or GHG-only source shall be established as the sum ofthe baseline actual emissions (as defined in 20.2.74.7 NMAC or, for GHGs, Paragraph (13) ofSubsection B of20.2.74.320 NMAC) ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under SubsectionAW of20.2.74.7NMAC or under the act, whichever is lower. When establishing theactualsPAL level, for a PAL pollutant, only one consecutive 24-month period must be used to detennine the baseline actual emissions for all existing emissions units. However, 

### a different consecutive 24-month period may be used for each different PAL pollutant Emissions associated with units that were permanentiy shutdown after thia 24-month period must be subtracted from the PAL level. The department shall speci!Y 

### a reduced PAL level(s) (in tonslyr) in the PAL permit to become effective on the future compliance date(s) ofany applicable fedenti or state regulatory requirement(s) that the department is aware ofprior to issuance ofthe PAL permit. For instance, ifthe source owner or operator will be required to reduce emissions from industrial boilers in halflrom baseline emissions of60 ppm NOx to anew rule limit of30ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by halfofthe original bsseline emissions ofsuch unit(s). (2) For newly constructed qnits (which do not include modifications to existing units) on which actual construction began 

### after the 24-month period, in lieu ofadding the bsseline actual emissions as specified in Paragraph (1) ofthis subsection, the emissions must be added to the PAL level in an amount equal to the potential to 

# c· ·.·.· emit ofthe units.

. (3) For CO,e based GHG PAL, the actuals PAL level shall be established 

### as the sum ofthe GHGs baseline actual emissions (as defined in Paragraph (13) ofSubsection B of20.2.74.320 NMAC) ofGHGs for each emissions unit at the source, plus an amount equal to the amount defmed 

### as "signilicanf' on 

### a CO,e basis for the purposes ofSubsection AZ of20.2.74.7 NMAC at the time the PAL permit is being issued. When establishing the actuals PAL level for a CO,e-based PAL, nnly one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The department shall speciJY a reduced PAL level (in tons per year CO,e) in the PAL penni! to become effective on the future compliance date(s) ofany applicable federal 

### or New Mexico regulatory requirement(s) that the department 

### is aware ofprior to issuance ofthe PAL permit. G. Contents ofthe PAL permit. The PAL permit shall contain, at a minimum, the following infonnation.(1) The PAL pollutant and the applicable sourceCwide emission limitation in tons per year or tons per yearCO,e. (2) The PAL penni! effective date and the '"'Jliralion date ofthe PAL (PAL effective period). (3) Specification in the PAL permit that ifa major stationary source or GHG-only source owner or operator applies to renew a PAL in accordance with Subsection J of this section before the end ofthe PAL effective period, then the PAL shall not expire at the end ofthe PAL effective period. It shall remain in effect until 

### a revised PAL permit is issued by the department. (4) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions. (5) A requirement that, once the PAL expires, the major stationary source or GHG-only source is subject to the requirements of Subsection I ofthis section. (6) The calculation procedures that the major stationary source or GHG-only source owner or operator shall 

### use to convert the monitoring system data to monthly emissions and annual emissions based on 

### a 12- month rolling total for each month as required by Paragraph(!) ofSubsection C ofthis section. (7) A requirement that the major stationary source or GHG-only source owner or operator monitor all emissions units in accordance with the provisions under Subsection M ofthis section.

20.2.74 NMAC 20

# c (8) A requirement to retain the records required Wlder Subsection M ofthis section on site. Such records may be retained in 

### an electronic fonnat. ' (9) A requirement to submit the repons required Wlder Subsection N ofthis section 

### bY the required deadlines. (10) Any other requirements that the department deems necessary to implement and enforce the PAL. (11) A permit for a GHG PAL issued to a GHG-only source shall also include a statement denoting that GHG emissions at the source will not be subject to regulation under Subsection AZof20.2.74.7 NMAC as long as the source complies with the PAL. H. PAL effective period and reopening ofthe PAL permit. (1) PAL effective period. The PAL effective period shall be 10 years. (2) Reopening ofthe PAL permit. (a) During the PAL effective period, the department shall reopen the PAL pennit to: (i) correct typographical/calculation 

### errors made in setting the PAL or reflect 

### a more accll!ate determination ofemissions used to establish the PAL; (II) reduce the PAL ifthe owner or operator ofthe major stationary 

### source creates creditable emissions reductions for use 

### as oflSets Wider 40 CFR S 1.16S(a)(3)(ii); and (ill) revise the PAL to reflect an increase in the PAL as provided under Subsection K of this section. (b) The department may reopen the PAL permit for the following: (i) to reduce the PAL to reflect newly applicable federal requirements (for example, NSPS) with compliance dates after the PAL effective date; (U) to reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the department may impose on the major stalionary source 

### or GHG-only source 

### Wlder the plan; and (ill) to reduce the PAL ifthe department determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an AQRV that has been identified for a federal class I area by 

### a federal land mans.ger and for which information is available 

### to the general public. (c) Except for the permit reopening in Item (i) ofSubparagraph (a) ofParagraph (2) ofthis subsection for the correction oftypographical/calculation em>rs that do not increase the PAL level, all reopenlngs shall be carried out in accordance with the public participation requirements of Subsection E ofthis section. I. Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in Subsection J ofthis section shall expire at the end ofthe PAL effective period, and the following requirements shall apply. (1) Each emissions Wlit (or each group ofemissions units) that existed under the PAL shall comply with an allowable emission limitation under 

### a revised permit established according to the following procedures. (a) Within the time fuune specified for PAL renewals in Paragraph (2) ofSubsection J ofthis section, the major stationary source or GHG·only source sllall submit 

### a proposed allowable emission limitation for 

### each emissions Wlit (or each group ofemissions units, ifsuch 

### a distribution is more appropriate as decided 

### bY the department) by distributing the PAL allowable emissions for the major stationary source among each ofthe emissioos units that existed under the PAL. Ifthe PAL had not yet 

### been adjusted for an applicable requirement that became effective during the PAL effective period, as required Wider Paragraph (5) ofSubsection I ofthis section, such distribution sllall be made as ifthe PAL had been adjusted. (b) The department shall decide whether and how the PAL allowable emissions will be distributed 

### and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the department determines is appropriate. (2) Each emissions Wlil(s) shall comply with the allowable emission limitation on al2·month rolling basis. The department may approve the use ofmonitoring systems (source testing, emission factors, ete.) other than CEMS, CERMS, PEMS or CPMS to demonsb'ate compliance with the allowable emission limitation. (3) Until the department issues the revised permit incorporating allowable limits for each emissions unit, or each group ofemissions Wlits, as required under Subparagraph (b) ofParagraph {1) ofSubsection I ofthis section, the source shall continue to comply with 

### a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation. (4) Any physical change or change in the method ofoperation at the major stationary source or GHGonly source will be subject to major new source review requirements ifsuch change meets the definition ofmajor modification in 20.2.74.7 NMAC.

20.2.74NMAC 21(S) The major stationary source or GHG-only source owner or operator shall continue to comply wilh any New Mexico or 

### federal applicable requirements (BACT, RACT, NSPS, etc.} !hat 

### may have applied either during !he PAL effective period or prior to !he PAL effective period 

### except for !hose emission lilllitations !hat bad been established pursuant to Subsection D of20.2.74.300 NMAC, but 

### were eliminated by !he PAL in 84:Cordance wilh !he provisions in Subparagraph (c) ofParagraph (2) ofSubse.;tion A oflhis 

### section. J. RenewalohPAL. (l) The department shall follow !he procedures specified in Subsection E of !his section in approving any request to renew a PAL for a major stationary source or GHG-only SOIJJl;e, and sltall provide both the proposed PAL level and a written rationale for the proposed PAL level to !he public for review and comment. During such public review, any person may propose a PAL level for !he source for consideration by the department. (2) Application deadline. A major stationary source or GHG-only source owner or operator shall submit a tilllely application to the department to request renewal ofa PAL. A timely application is one that is submitted at least 6 months prior to, but not earlier !han IS months from, the date ofpermit expiration. This deadline for application submittal is to ensure thst the permit will not expire before the permit 

### is renewed. Ifthe owner or operator ofa major stationary source or GHG.ooly source submits a complete application to renew the PAL within !his time period, then the pAL shall continue to be effective until !he revised permit wilh the renewed PAL is issued. (3) Application requirements. The application to renew a PAL pemtit shall contain the following information.

documentation). (a) The information required in Subsection C of!his section. (b) A proposed PAL level. (c) The 

### sum ofthe potential to emit ofall emissions units under the PAL (with supponing (d) Any other information the owner or operator wishes the department to consider in detennining !he appropriate level for renewing the PAL. (4} PAL adjustment. In determining whether and how to adjust the PAL, the department shall consider the options outlined in Subparagraphs (a} and (b) ofthis paragraph. However, in no case may any such adjustment fuil to comply with Subparagraph (c) of !his paragraph. 

# c.··· (a) If !he emissions level calculated in accordance with Subsection F ofthis section is equal to or greater than 80 percent of !he PAL level, the department may renew the PAL at the same level without considering the fuctors set forlh in Subparagraph (b) ofthis paragraph. (b) The depanment may set the PAL at a level !hat it determines 

### to be 

### more representative of !he source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage !he source's voluntary emissions reductions, or other fuctors as specifically identified by the department in its written rationale. (c) Notwithstanding Subparagraphs (a} and (b) ofthis paragraph: (i) ifthe potential to emit ofthe major stationary source or GHG-only source is less than the PAL, the department shall adjust the PAL to a level no greater !han !he potential to emit ofthe source; and (ii) the department shall not approve 

### a renewed PAL level higher !han the current PAL, unless !he major stationary source or GHG-only source has complied with the provisions ofSubsection K ofthis section (increasing a PAL). (5) Ifthe compliance date for 

### a state or federal requirement that applies to the PAL source 

### occurs during the PAL effective period, and ifthe department has not already adjusted for such requirement, the PAL shall be adjusted at the time ofPAL permit renewal or title V permit renewal, whichever occurs first. K. Increasing a PAL during the PAL effective period (l) The department may increase a PAL emission lilllitation only ifthe major stationary 

### source or GHG-only source complies with the following provisions. (a} The owner or operator ofthe major stationary source or GHG-only source shall submit a complete application to request 

### an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s} contributing to the increase in emissions so as to cause the major stationary or GHGonly source's emissions to equal or exceed its PAL. (b) As part ofthis application, the major stationary source or GHG-only source owner or operator shall demonstrate that the sum ofthe baseline actual emissions ofthe small emissions units, plus the sum of the baseline actual emissions ofthe significant and major emissions units assuming application ofBACT equivalent controls, plus !he 

### sum of the allowable emissions ofthe new or modified emissions unit(s), exceeds the PAL. The ··· level of

# ~treedlbthat

# wdoul~ result fromBABCTACT eq 1uivalenthet

# ~trolhls on eali:h •!gni.ficanbmt or mdajorunlemissions unit shall (_. be determm y con ucting a new ana ySls at lmle e app cation 1s su itte , ess the emissions

20.2.74 NMAC 

### 22

# c

( unit 

### is currently required to comply with a BACT or LAER requirement 

### that 

### was established within the preceding 10 years. In such 

### a case, the assumed control level for that emissions unit shall be equal to the level ofBACT or LAER with which thst emissions unit must currently comply. (e) The owner or operator obtains a major new source review permit for all emissions unit(s) identified in Subparagraph (a) ofthis paragraph, regardless ofthe magnitude ofthe emissions increaSe resulting from them (thst is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the major new source review process (for example, BACT). even though they have also become subject to the PAL or continue to be subject to the PAL. (d) The PAL permit shall require 

### that the increased PAL level shall be effective on the day any emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the PAL pollutant. (l) The department shall calculate the new PAL as the sum ofthe alloWllble emissions for each modified or new emissions unit, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units (assuming application ofBACT equivalent controls as determined in accordance with Subparagraph (b) of Paragraph (l) ofthis subsection), plus the sum ofthe baseline actual emissions ofthe small emissions units. (3) The PAL permit shall berevised to reflect the increased PAL level pursuant to the public notice requirements ofSubsection E of this section. L. Monitoring reqniremenls for PALs. (1) General requirements. (a) Bach PAL permit lllllSI contain enfurceable requirements for the monitoring system 

### that accurately dertennines plantwide emissions ofthe PAL pollutant in terms ofmass per unit oftime or CO,e per unit oftime. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet geoerally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements fur admissibility in ajudicial proceeding to enforce the PAL permit. (b) The PAL monitoring system must employ one or more of !be fuur general monitoring approaches meeting the minimum requirements set forth in Paragraph (2) of

### this subsection and must be approved by the department.

### (e) Notwithstanding Subparagraph (b) 

### ofthis paragraph, you may also employ an alternative monitoring approach that meets Subparagraph (a) ofthis 

### paragraph ifapproved by the department. (d) Failttte to use a monitoring system that meets the requirements ofthis section renders !be PAL invalid. (l) The fullowing are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in Paragraphs (3) through (9) of this subsection: (o) mass belance calculations for activities using coatings or solvents; (b) CEMS; (<) CPMS or PEMS; and (d) emission factors. (3) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents sball meet the following requirements: (a) provide a demonstrated means ofvalidating !be published content of !be PAL pollutant that is contained in or created by all materials used in or at the emissions unit; (b) assume that the emissions unit emits all of!be PAL pollutant that is contained in or created by any raw material or fuel used in or at !be emissions unit, ifit cannot otherwise be accounted for in the process; and (c) where the vendor ofa material or fuel, which is used in or at the emissions unit, publishes a range ofpollutant content from such material, the owner or operator must use !be highest value oftile range to calculate the PAL pollutant emissions unless the department determines there is site-specific data or a site-specific monitoring program to support another content within the range. (4) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements: (a) CEMS must comply with applicable perfurmance specifications fuund in 40 CFR Part 60, Appendix B; and (b) CEMS must sample, analyze, and record data at least every 15 minutes while the emissions unit is operating. (5) CPMS orPEMS. An owner or operatorusing CPMS or PEMS to monitx:lr PAL pollutant emissions sbaU meet the fullowing requirements:

20.2.74 NMAC 

### 23(a} the CPMS or the PEMS must be based on current site-specific data demonstrating a ( correlation between the monitored parameter(s) and the PAL pollutant emissions across the nmge ofoperation ofthe

. emissions unit; and (b) eacb CPMS or PEMS must sample, analyze, and record data at least every 

### 15 minutes, or at another less frequent interval approved 

### by the department, while the emissions unit is operating. (6) Emission filctors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements: (a) all emission factors shall be adjusted, ifappropriate, to account for the degree ofuncertainty or limitations in the factorS' development; (b) the emissions unit shall operate within the designated range ofuse for the emission filctor, if applicable; and (c) iftechnically practicable, the owner or operator ofa significant emissions unit that relies on an emission filctor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months ofPAL permit issuance, unless the department determines that testing is not required. (1) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods 

### is specified in the PAL permit (li) Notwithstanding the requirements in Paragraphs (3) through (7) ofthis subsection, where an owner or operator ofan emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all opersting points ofthe emissions unit, the department shall, at the time of permit issuance: (a) establish delimit va!ue(s) fur determining compliance with the PAL based on the highest potential emissions reasonably estimated at such opersting point(s); or (b) determine that operstion ofthe emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation ofthe PAL. (!>) Revalidation. All data used to establish the PAL pollutant must be revalidated through

### c~··

# ) perfonnance testing or other scientifically valid means approved by the department Such testing must occur at least once every 5 years after issuance ofthe PAL. 

### M. Reeord.keeping requirements. (1) The PAL permit sball require an owner or operator to retain a copy ofall records necessary to determine compliance with any requirement ofthis seerion and ofthe PAL, including 

### a detennination ofeach emissions unit's**12~month** rolling total emissions, for 5 years from the date ofsuch record. (2) The PAL permit shall require an owner or operator to retain a copy ofthe following records, for the duration ofthe PAL effective period plus S years: (a) a copy of the PAL permit application and any applications for revisions to the PAL; and (b) each annual certification ofcompliance pursuant to title V and the data relied on in certifYing the compliance. N. Reporting and ootlfieation

### requirements. The owner or operator shall submit semi-annual monitoring 

### reportS and prompt deviation reports to the department in accordance with the applicable title V operating permit program. The reports shall meet the full owing requirements. (1) Semi-annual report. The semi-annual report shall be submitted to the department within 30 days ofthe end ofeach reporting period. This report shall contain the following information: (a) the identification ofowner and operator and the permit number; (b) total annual emissions (expressed on 

### a mass-basis in tons per year, or eapressed in tons per year CO,e) based on a 12-month rolling total for each month in the reporting period recorded pursuant to Paragraph (I) ofSubsection M ofthis section; (c) all data relied upon, including, but not limited to, any quality assurance or quality control data, in calculating the monthly and annual PAL pollutant emissions; (d) a list ofany emissions units modified or added to the major stationary source or GHG·only source during the preceding 6-month period; (e) the number, duration, and cause ofany deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken; (_ (I) a notification ofa shutdown ofany monitoring system, whether the shutdown was . permanent ortemporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully

20.2.74 NMAC

# c

( operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant or the number determined by method included in the permit, as provided by P11111graph (1) ofSubsection L ofthis section; and (g) a signed statement by the responsible official (as defined by the applicable title V operating permit program) certifYing the truth, accuracy, and completeness ofthe information provided in the report. (2) Deviation report. The major stationary source or OHO-only 

### source owner or operator shall promptly submit reports ofany deviations or exceedance ofthe PAL requirements, including periods where no monitoring is available. A report submitted pursuant to Paragraph (2) ofSubsection E of20.2.70.302 NMAC shall satisfY this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing Paragraph (2) ofSubsection E of20.2.70.302 NMAC. The reports shall contain the following information: (a) the identification ofowner and operator and the permit number; (b) the PAL requirement that experienced the deviation or that was exceeded; (e) emissions resulting from the deviation or the exceedance; and (d) a signed statement by the responsible official (as defined by the applicable title V operating permit program) certifYing the truth, accuracy, and completeness ofthe information provided in the report. (3) Revalidation results. The owner or operator shall submit to the department the results ofany revalidation test or method within three months afier completion ofsuch test or method. 

### 0. Tramitlon requiremeno. (1) The department may not issue a PAL that does not comply with the requirements in this section afier the administrator has approved regulations incorporating these requirements into a plan. (2) The department may supersede any PAL which was established prior to the date ofapproval of the plan by the administrator with a PAL that complies with tbe requirements ofthis section. [20.2.74.320 NMAC • N, 1122106; A, 111/1 I; A, 216!l3J 20.2.74.321 to 20.2.14.399 (RESERVEDJ 20.2.74.400 PUBLIC PARTICIPATION AND NOTIF1CATION: A. The Department shall, within thiny (30) days after receipt ofan application, review such application and determine whether it is administratively complete or there is any deficiency in the application or information submitted. To be deemed administratively complete, the application must meet the requirements of 20.2.74.301 NMAC in addition to the requirements of20.2,72 NMAC. Ifthe application Is deemed: {I) administratively complete, a letter to that effect shall be sent by certified mail to the applicant. (2) administratively incomplete, a letter shall be sent by certified mail to the applicant stating what additional information or points ofclarification are necessary to deem the application administratively complete. Upon receipt ofthe additional information or clarification, the Department shall promptly review such information and determine whether the application is administratively complete. (3) administratively complete but no permit is required, a letter shall be sent by certified mail to the applicant informing the applicant ofthe deterntination. B. For purposes ofdetermining minor source baseline date pursuant to 40 CFR S 1: (1) An application is complete when it contains all the infonnation necessary for processing the application. Desigruuing l"' application complete for porposes of 40 CFR 5I does not preclude the Department from requesting or accepting any additional infonnation; and (2) In the event that additional information Is submitted to remedy any deficiency in the application or information submitted, the date ofreceipt ofthe application shall be the date on which the Department received all required infonnation. C. The Department shall: (I) Make a preliminary determination whether construction should be approved, approved with conditions, or disapproved. (2) Make available at the Department district and local office nearest to the proposed source a copy of all materials the applicant submitted, a copy ofthe preliminary determination, and a copy or summary ofother materials, ifany, considered in making the preliminary determination. (3) NotifY the public by advertisement in a newspaper ofgeneral circulation in the area in which the proposed source would be constructed: (a) Ofthe application, (b) The preliminary determination,

20.2.74 NMAC 

### 25(c) The degree ofincrement wnsumption 1hat 

### is expected from the source or modification, and (d) Ofthe opportunity for comment at a public bearing as well as written public comment. The public comment period 

### shall be for thirty (30) days from the date of

### sucll advertisement. (4) Send 

### a copy ofthe notice 

### ofpublic 

### comment to: (a) The applicant, (b) The Administrator, and (e) Officials and agencies havingjurisdiction over the location where the proposed construction would occur as follows: (I) Any other state or local air pollution control agencies; (il) The chiefexecutives ofthe city and county where the source would be located; (iii) Any comprehensive regional land use planning agency; and (lv) Any state, Federal Land Manager, or Indian governing body whose lands may be affected by emissions from the source or modification. (5) Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact ofthe source and other appropriate considerations. (6) Consider all written comments submitted within a time specified in the notice ofpublic comment and all comments received at any public bearing(s) in making a tina! decision on the approvabllity ofthe application. The 

### Department shall make all comments available fur public inspection in the 

### same locations where the Department made available preconstruction information relating to the source. (7) Within one hundred eighty (180) days after an application is deemed administratively complete, unless the Secretary, as specified in 20.2.12.207 NMAC, grants an extension not to exceed ninety (90) days for good 

### cause: (a) make a fmal determination ofwhether construction should be approved, approved with conditions, or disapproved; and (b) notify the applicant in writing ofthe fmal determination and make such notification available for public inspection at the same location where the Department made available preconstruction information and public comments relating to the source. [07120/95; 01/01/00; 20.2.74.400 NMAC • Rn, 20 NMAC 2.74.400, 10/31/02]
20.2.74.401 STACK HEIGIIT CREDIT: The Department shall review all applications in accordance with the provisions of20.2.80 NMAC (Stack Heights) (formerly Air Quality Control Regulation 710 •• Stack Height Requirements). [07/20/95;20.2.74.401 NMAC 

### ·Rn. 20 NMAC 2.74.401, 10131/02] 20.2.74.402 EXCLUSIONS FROMINCREMENT CONSUMPTION: Following a public bearing, the Secretary may exclude the following concentrations in determining compliance with a maximum allowable increase; A. Concentrations due to the increase in emissions from stationary sources, over the emissions from such sources before the effective date ofan order under sections 2(a) and (b) ofthe Energy Supply and Envirorunental Coordination Act of 1974 (or any superseding legislation). Sources must have converted from the use ofpetroleum products, natural gas, or both by reason ofsuch order. This exclusion shall not apply more than five (5) years after the effi:ctive date ofsuch an order; or B. Concentrations due to the increase in emissions from sour<:es, over the emissions from such sources before the effective date ofa plan in effect pursuant to the Federal Power Act. Sources must have converted from using natural gas by reason ofa natural gas curtailment plan. This exclusion shall not apply more than five (5) years after the effective date ofsuch a plan; or C. Concentrations of particulate matter due to the increase in emissions from construction or other temporary emission-related activities ofnew or modified sources; or D. The increase in concentrations due to new sources outside the United States over the concentrations attributed to existing sources which are included in the baseline concentrations. [07/20/95; 20.2.74.402 NMAC • Rn, 20 NMAC 2.74.402, 10/31102] 20.2.74.403 ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING CLASS I FEDERAL AREAS: A. The dapartment shall transmit to the administrator and the federal land manager a copy ofeach permit application relating to a major stationary source or major modification proposing to locate within one hundred (100) kilometers ofany Class I federal area. The complete pennit application shall be transmitted within

20.2.74 NMAC 26 

# (l

# (

( tbirty (30) days ofreceipt and sixty (60) days prior to any public bearing on the application. The department shall include all relevant infonnation 

### in the penn.it application. Relevant infonnation shall include an analysis ofthe proposed source's anticipated impacts on visibility in the Class I federal area. The department shall consult with all affected federal land managers 

### as 

### to the completeness ofthe permit application and shall 

### consider any analysis perfonned by the federal land manager concerning the impact ofthe proposed major stationary 

### source or major modification on 

# .ur quality related values. 1his consideration shall include visibUity, ifsuch analysis is received within thirty (30) days after the federal 

### land manager receives a copy ofthe complete application. Additionally, the department shall notifY any affected federal land manager within tbirty days (30) 

### from the date the department receives a request for a pre-application meeting from a proposed 

### source subject to this part. Notice shall be provided to the administrator and federal land manager ofevery action related to the consideration ofsuch permit. The department shall also provide the federal land manager and the administrator with a copy ofthe preliminary determination required under 20.2.74.400 NMAC and shall make available to them 

### any materials used in making that determination. In any case where the department disagrees with the federal land manager's analysis ofsource impact on air quality related values, the department shall, either explain its decision or give notice to the federal land manager as to where the explanation 

### can be obtained. In the case 

### where the department disagrees 

### with the federal land managers' analysis, the department will also explain Its decision or give notice to the public by advertisement in a newspaper ofgeneral circulation in the 

### area in which the proposed source would be constructed, as to 

### where the decision can be obtained. B. The department shall transmit to air quality control agencies ofneighboring states and Indian governing bodies a copy ofeach permit application having the potential to affect 

### Class I federal 

### areas or increment consumption in areas under theirjurisdiction. The department shall also provide the affected air quality control agencies and Indian governing bodies with a copy ofthe preliminary determination required under 20.2.74.400 NMAC and shall make available to them any materials used in making that determination. The department shall include a provision for a sixty (60) day comment period for the federal land managers before any public hearing on a penni! application is held. C. Federal land managers may demonstrate to the department that emissions from a proposed source or modification would have an adverse impact on air quality related values, including visibllity, ofany Class 1 federal lands under theirjurisdiction. 1his may be done even though the change in air quality resulting from emissions from the proposed source or modification would not cause 

### or contribute to concentrations which would exceed the maximum allowable increases for a Class I federal 

### area. Ifthe department concurs with this demonstration, then the source shall not be issued a permit. D. Class I waivers: The owner or operator ofa proposed source or modification may demonstrate to the federal land manager that the emissions from a proposed source or modification would have no adverse impact on air quality related values, Including visibility, ofClass I federal lands under his or herjurisdiction. This may be done 

### even though the change in air quality resulting 

### from emissions from such 

### source or modification would cause 

### or contribute to concentrations which would 

### exceed the maximum allowable Increases fur 

### a Class I federal 

### area. If the federal land manager concurs with such demonstration and so certifies to the department, the department may grant 

### a waiver from 

### such maximum allowable increases. Emission limitations must be incloded in the permit as necessary to assure that emissions ofsulfur dioxide, 

### PM 10 , 

### PM 25 , and nitrogen oxides would not exceed the maximum allowable increases over minor source baseline concentrations shown in Table 5 ofthis part (20.2.74.505 NMAC).

### E. For the case where the federal land manager does not perfonn an impact analysis with respect to visibility impairment in a Class I federal area, the department may perform such an analysis. The department shall not issue the source a permit ifthe department determines that an adverse impact on visibility would occur. The adverse impact must be due, primarily, to the operation ofthe proposed source or modification. F. Sulfur dioxide waiver by governor: The owner or operator ofa proposed major stationary source or major modification, which cannot be approved under Subsection D of20.2.74.403 NMAC, may demonstrate to the governor thet the source cannot be constructed by reason ofan exceedance ofa maximum allowable increase fur a CLass I federal 

### area for sulfur dioxide for 

### a period oftwenty-four (24) hours or less. The owner or operator may also demonstrate that a waiver from this requirement would not adversely aftect the air quality related values offue Class I lederal area. The governor, after consideration ofthe federal land manager's recommendation and subject to his concurrence, may, after notice and public hearing, grant a waiver from such maximum allowable increase. If the waiver is granted, the department shaU issue a permit to the owner or operator ofthe source or modification. Any owner or operator ofa source ormodification who obtains a permit under this section shall comply with sulfur dioxide emissions limitations. These limitations 

### do not allow increases ofambient concentrations, above the

20.2.74 NMAC 27baseline concentration, to exceed the levels found in Table 6 ofthis 

### pan (20.2.74.506 NMAC) for periods oftwenty· four (24) hours or less for more than eigbteeo (18) days, not necessarily consecutive, in any 

### ant1Ulli period. G. Sulfur dioxide waiver by governor with the presidenfs 

### concurreru:e. In any 

### case where the 

### governor recommends 

### a waiver in which the federal land 

### manager does not 

### concur, 

### the reoommendarions of the governor and the 

### federal land manager shall 

### be 1ransmitted to the president 

### through the office ofthe governor. Ifthe president so directs, the department shall issue the pennit Any 

### source or modification that obtains 

### a penni! under this section shall comply with sulfur dioxide emissions limitations. These limitations do not allow increases in ambient concentrations, above the baseline concentration, to exceed the levels found in Table 6 ofthis part (20.2.74.506 NMAC) for periods oftwenty-four (24) hours or less for more than eigbteeo (18) days, not necessarily consecutive, in any annual period. [07/20/95; 20.2.74.403 NMAC • 

### Rn, 20 NMAC 2.74.403, 10131/02; A, 6/3/11]
20.2.74.404 

### to 20.2.74500 

### [RESERVED]
20.2.74.501 TABLE 1 • PSD SOURCE CATEGORIES. A. Carbon black plants (furnace process) 

### B. Charcoal production 

### plants C. Chemical process plants D. Coal cleaning plants (with thermal dryers) E. Coke oven batteries F. Fossil fuel boilers (or combinstions thereof) totaling 

### more than 250 million BTIJ/br heat input G. Fossil fuel-tired steam electric plants ofmore than 250 million BTIJ/br beat inpnt H. Fuel conversion plants I. Olass**fi~er** p!Vcessing plants J. Hydrofluoric acid plants K. iron and steel mills L. 

### Kraft pulp mills M. Lime plants 

# (.r N. Municipal incinerators capable ofcharging more 

### than 50 tons ofrefuse per day

_ 0. Nitric acid plants P. Petroleum refineries Q. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels R. Phosphate rock processing plants S. Portland cement plants T. 

### PrimarY aluminum ore reduction plants U. Primery copper smelterll V. Primary 

### lead smelters W. Primary zinc smelters X. Secondsry metal production plants Y. Sintering plants Z. Sulfur recovery plants AA. Sulfuric acid plants AB. Taconite ore processing plants [07/20/95; 20.2.74.501 NMAC • 

### Rn, 20 NMAC 2.74 Table I, 10131/02; A, !122106]
20.2.74.502 TABLE 2 • SIGNIFlCANT E.l\flSSION RATES:

POLLUTANT EMISSION RATE ffONS/YR) Carbon monoxide 100 Fluorides 3 Lead 0.6 Municipal waste combustor Acid gases (measured as sulfur dioxide and hydrogen chloride) 40 (36 megagrams/year) Metals (measured as particulate matter 

### IS (14 megagrarns/year) Organics (measured as total tetra· througb acta-chlorinated 0.0000035 (0.0000032 megagrams/yr) dibenzo-p-dioxins and diben.zofurans)

20.2.74 NMAC 28

# c Nitrogen oxides 40 Ozone (Volatile Organic Compounds ornitroRen oxides) 

### 40 Particulate Matter Particulate 

### matter emissions 25 PM 10 emissioDS 15 Particulate Mauer 2 , Direct**PM ~**  emissions 10 Sulfur dioxide emissions 40 Nitrogen oxide emissions (unless**demonstra~** 

### not to be 

### a PM,., 40 precursor under Subsection 

### AS of 20.2.74.7 

### NMAC) Sulfur compounds 

### Hydrogen sulfide (H2S) 10 Reduced sulfur compounds (incl. H2S) lO Sulfur dioxide 40 Sulfuric acid mist 7 Total reduced sulfur (incl. H2Sl 10 A:i:ly other pollutant regulated under the act that is not listed 

### in this A:i:ly emission rate table Each regulated poUutant 

### Emission rate or net emissions increase associated with 

### a ml\ior stationary source or major modification that 

### causes an air

quality impact ofone microgram per cubic meter or 

### greater (24·hr average) in any class I federal area located within 10 km ofthe source. [07120/95; 20.2.74.502 NMAC • 

### Rn, 20 NMAC 2.74 Table 2, 10131/02; A, 1122/06; A, 8131/09; A, 613111] 10.2.74.503 TABLE 3 ·SIGNIFICANTMONITORJNG CONCENTRATIONS.
AIR QUALITY POLLUTANT CONCENTRATION AVERAGING 

### TIME micro er cubic meter Carbon monoxide 575 8 hours Fluorides 0.25 24 hours Lced 0.1 3 months Nitrogen dioxide 14 Annual Ozone b 

### PM,. 10 24 hours 

### PM,., 4 24hours Sulfur compounds Hydrogen sulfide (H2S) 0.20 l hour Reduced sulfur compounds (incl. H2S) 10 I hour Sulfur dioxide 13 24 bours Sulfuric acid mist a Total reduced sulfur (incl. H2S) 10 

### I hour a. No acceptable monitoring techniques available at this time. Therefore, monitoring is not required until acceptable techniques arc available. b. No de minimis air quality level is provided for ozone. However, any net increase ofiOO tons per year or more ofvolatile organic compounds or nitrogen oxides subject to 

### PSD would berequired to perform an ambient impact anilysis including the gathering of ambient air quality data. 

# ( [07f20/95; 20.2.74.503 NMAC • 

### Rn, 20 NMAC 2.74 Table 3, 10/31/02; A, 1122106; A, 8131/09; A, 613/1 I) 20.2.74.504 TABLE 4 ·ALLOW ABLE PSD INCREMENTS:

20.2.74 NMAC 29

## ( Micro 

### ;uams per cubic 

### meter Class I 

### ClassD Class 

### In Nitrogen Dioxide 

### annual arithmetic 

### mean 2.5 

### 25 50 Particulate 

### Matter PM1o. annual arithmetic 

### mean 4 17 34 PM10, 24-hour maximum 8' 30' 

### 60' PM,, annual arithmetic 

### mean 1 4 8 PM2.,24-hour maximum 2' 

### 9' 18' Sulfur Dioxide annual arithmetic 

### mean 2 20 40 24-hour maximum 

### 5' 91' 182' 3-hour maximum 25' 512' 

### 700'

a - Not to be exceeded more than once a year. [07120/95; 20.2.74.504 NMAC • Rn.20 NMAC 2.74 Table4, 10131102; A, 6/3/11] 10.2.74505 TABLE 5 ·MAXIMUMALLOW ABLE INCREASES FOR CLASS I WAIVERS: Micrograms per cubic meter {j.tg/m') Nitrogen Dioxide annual arithmetic mean 25 Particulate Maner PM 10, annual arithmetic mean 17 PM 10, 24-hour maximum 30 PM,_,, annual arithmetic mean 4 PM,,, 24-hour maximum 9 Sulfur Dioxide annual arithmetic mean 20 24-hour maximum 91 3-hour maximum 325 [07120/95; 20.2.74.505 NMAC • Rn.20 NMAC2.74 Table 5, 10/31102; A, 613/11] 20.2.74.506 TABLE 6- MAXIMUM ALLOW ABLE INCREASE FOR SULFURDIOXIDE WAlVER BY GOVERNOR:

Period ofExposure 24-hr. maximum 3-hr. maximum Micrograms per cubic meter (l.tglm') Terrain Areas Low

36 130 62 221 [07120195; 20.2.74.506 NMAC • Rn, 20 NMAC 2.74 Table 6, 10131/02)
IDSTORY OF ZO.:Z.74 NMAC: Pre NMAC History: The material in this part was derived from that previously filed with the commission ofpublic records**~** state records center and archives. EIB/AQCR 707, Air Quality Control Regulation 707 -Permits, Prevention Of Significant Deteriomtion (PSD), 02/14/84; 

### ' I



# C:t

EIBIAQCR 707, Air Quality Control Regulation 707- Permits, Prevention OfSignificant Deterioration (PSD), 

# l" 07115/86;

20.2.74 NMAC 30

# c

c EIB/AQCR 707, Air Quality Control Regulation 707- Permits, Prevention OfSignificant Deterioration (PSD), 08/01188; Effi/AQCR 707, Air Quality Control Regulation 707- Permits, Prevention OfSignificant Deterioration (PSD), 05129190. History ofRepealed Material: [RESERVED)
Other History: EIBIAQCR 707, Air Quality Control Regulation 707- Permits, Prevention OfSignificant Deterioration (PSD), filed 05129190 was renumbered into first version ofthe New Mexico Administrative Code as 20 NMAC 2.74, Permits-- Prevention OfSignificant Deterioration (PSD), filed 06/20/95. 20 NMAC 2.74, Permits-- Prevention OfSignificant Deterioration (PSD), filed 06/20/95 was renumbered, reformatted and replaced by 20.2.74 NMAC, Permits-- Prevention OfSignificant Deterioration (PSD), effective 10131102.



# \.

20.2.74 NMAC 31

# (**c~**



# c ITILE20 CHAPTER2 PART70**E~ONMENTALPROTECTION** AIR QUALITY (STATEWIDE) OPERATING PERMITS
20.2.70.1 ISSUING AGENCY: Environmental Improvement Board. [11/30/95; 20.2.70.1 NMAC- 

### Rn, 20 NMAC 20.2.70.100, 06/14/02]
20.2.70.2 SCOPE: All persons who own or operate a major source or any other source required to obtain a permit under this Part. [11/30/95; 20.2.70.2 NMAC- 

### Rn, 20 NMAC 20.2.70.101, 06/14/02]
20.2.70.3 STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 

### I978, section 74- 

### IB(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) and (D). [I 1130/95; 20.2.70.3 NMAC- 

### Rn, 20 NMAC 20.2.70.102, 06114/02]
20.2.70.4 DURATION: Permanent. [I 1/30/95; 20.2.70.4 NMAC- 

### Rn, 20 NMAC 20.2.70.103, 06/14/02]
20.2.70.5 EFFECTIVE DATE: I 1130/95, except where a later date is cited at the end ofa section. [11130/95; 20.2.70.5 NMAC- Rn, 20 NMAC 20.2.70.1.104, 06/14/02; A, 9/6/06] [The latest effective date ofany section in this part is 01/01/201 1.]
20.2.70.6 OBJECTIVE: The objective ofthis Part is to establish the requirements for obtaining an operating permit. [11130/95; 20.2.70.6 NMAC- Rn, 20 NMAC 20.2.70.105, 06/14/02]
20.2.70.7 DEFINITIONS: In addition to the terms defmed in 20.2.2 NMAC (definitions), as used in this part the following definitions shall apply. A. "Add raiD. source" has the meaning given to "affected source 11 in the regulations promulgated under Title N ofthe federal act, and includes all sources subject to Title N ofthe federal act. B. "Alfected programs" means all states, local air pollution control programs, and Indian tribes and pueblos, that are within 50 miles ofthe source. C. "Air pollutant" means an air poilulion agent or combination ofsuch agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air. Such term includes any precursors to the formation ofany air pollutant, to the extent the administrator has identified such precursor or precursors for the particular purpose for which the term "air pollutant" is used. Tiris excludes water vapor, nitrogen (N2), oxygen (02), and ethane. D. "Air pollution control equipment" means any device, equipment, process or combination thereof, the operation ofwhich would limit, capture, reduce, confine, or otherwise control regulated air pollutants or convert for the purposes ofcontrol any regulated air pollutant to another form, another chemical or another physical state. Tiris includes, but is not limited to, sulfur recovery units, acid plants, baghouses, precipitators, scrubbers, cyclones, water sprays, enclosures, catalytic converters, and steam or water injection. E. "Applicable requirement" means all ofthe following, as they apply to a Part 70 source or to 

# an emissions unit at a Part 70 source (including requirements that have been promulgated or approved by the board or US EPA through rulemaking at the time ofpermit issuance but have future-effective compliance dates). (l) Any standard or other requirement provided for in the New Mexico state iruplementation plan approved by US EPA, or promulgated by US EPA through rulemaking, under Title I ofthe federal act to implement the relevant requirements ofthe federal act, iocluding any revisions to that plan promulgated io 40 CFR, Part 52. (2) Any term or condition ofany preconstruction permit issued pursuant to regulations approved or promulgated through rulernaking under Title I, including Parts CorD, ofthe federal act, unless that term or condition is determined by the department to be no longer pertinent (3) Any standard or other requirement under Section Ill ofthe federal act, including Section Ill( d). (4) Any standard or other requirement under Section I 12 ofthe federal act, including any requirement concerning accident prevention under Section I 12(rX7) ofthe federal act.

20.2.70 NMAC 

### NMED Exhibit# 7(5) Ally standard or other requirement of the acid rain program under Title N ofthe federal act or the regulations promulgated thereunder. (6) Ally requirements established pursuant to Section 504(b) or Section I 14(a)(3) ofthe federal act (7) Ally standard or other requirement governing solid waste incineration under Section 129 ofthe federal act. (8) Any standard or other requirement for consumer and commercial products under Section 183(e) ofthe federal act (9) Ally standard or other requirement for tank vessels under Section 183(1) ofthe federal act. (10) Ally standard or other requirement ofthe regulations promulgated to protect stratospheric ozone under Title VI ofthe federal**ac~** unless the administrator has determined that such requirements need not be contained in a Title V permit. (11) Any national ambient air quality standard. (12) Ally increment or visibility requirement under Part C ofTitle I ofthe federal**ac~** but only as it would apply to temporary sources permitted pursuant to Section 504(e) ofthe federal act. (13) Ally regulation adopted by the board pursuaot to the New Mexico Air Quality Control Act, Section 74-2-S(B) NMSA 1978. F. "CFR" meaos the Code ofFederal Regulations. G. "Draft permit" meaos a version ofa permit which the department offers for public participation or affected program review. H. "Emission limitation" meaos a requirement established by US EPA, the board, or the department, that limits the quantity, rate or concentration, or combination thereof, ofemissions ofregulated air pollutants on a continuous basis, including aoy requirements relating to the operation or maintenance ofa source to assure continuous reduction. I. "Emissions allowable under the permit" meaos: (1) any state or federally enforceable permit term or condition that establishes an emission limit (including a work practice standard) requested by the applicant aod approved by the department or determined at issuance or renewal to be required by an applicable**requiremeo~** or (2) any federally enforceable emissions cap that the permittee has assumed to avoid an applicable requirement to which the source would otherwise be subject. J. "Emissions unit" means any part or activity ofa stationary source that emits or has the potential to emit any regulated air pollutant or any airpollutant listed pursuant to Section 112(b) ofthe federal act. This term is not meant to alter or affect the defmition ofthe term "urtif' for purposes ofTitle IV ofthe federal act. K. Federally enforceable" means all limitations and conditions which are enforceable by the administrator, including those requirements developed pursuant to 40 CFR Parts 60 aod 61, requirements within the New Mexico state implementation plan, and any permit requirements established pursuaot to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, including 40 CFR 51.165 and 40 CFR 51.166. L. "Final permit" meaos the version ofan operating permit issued by the department that has met all review requirements of202.70.400 NMAC- 20.2.70.499 NMAC. M. "Fugitive emissions" are those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening. N. "General permit" means an operating permit that meets the requirements of20.2.70.303 NMAC. 0. "Greenhouse gas" for the purpose ofthis part is delined as the aggregate group ofthe following six gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, periluorocarbons, and sulfur hexafluoride. P. "Hazardous air pollutant" means an air contaminant that has been classified as a hazardous air pollutant pursuant to the federal act. Q. "Insiguificant activities" means those activities which have been listed by the department and approved by the administrator as insignificant on the basis ofsize, emissions or production rate. R. "Major source" means any stationary source (or any group ofstationary sources that are located on one or more contiguous or adjacent properties, and are under common control ofthe same person(s)) in which all ofthe pollutant emitting activities at such source belong to the same major group {i.e., all have the same two-digit code), as described in the standard industrial classification manual, 1987, and that is described in Paragraphs (I), (2) or (3) below. (1) A major source under Section 112 ofthe federal act, which is defmed as the following. (a) For pollutants other than radionuclides, any stationary source or group ofstationary sources located within a contiguous area aod under common control that emits or has the potential to**emi~** in the aggregate, 10 tons or more per year ofany hazardous air pollutant which has been listed pursuant to Section 112 (b) ofthe

20.2.70NMAC 2

# (



# C·

( federal**ac~** 25 or more tons per year ofany combination ofsuch hazardous air pollutants (including any major source offugitive emissions ofany such**pollutan~** as determined by rule by the administrator), or such lesser quantity as the administrator may establish byrule. Notwithstanding the preceding sentence, hazardous emissions from any oil or gas exploration or production well (with its associated equipment) and hazardous emissions from any pipeline compressor orpump station shaD not be aggregated with hazardous emissions from other similar units, whether or not such units are in a contiguous area or under common control, to detennine whether such units or stations are major sources. (h) For radionuclides, "major source" shaD have the meaning specified by the administrator by rule. (Z) A major stationary source ofair pollutants that directly emits or has the potential to**emi~** 100 or more tons per year of any air pollutant subject to regulation (including any major source offugitive emissions ofany such pollutant, as determined by rule by the administrator). The fugitive emissions ofa stationary source shall not be considered in determining whether it is a major stationary source for the purposes ofthis paragraph, unless the source belongs to one ofthe following categories ofstationary sources: (a) coal cleaning plants (with thermal dryers); (h) kraft pulp mills; (c) portland cement plants; (d) primary zinc smelters; (e) iron and steel mills; (I) primary aluminum ore reduction plants; (g) primary copper smelters; (h) municipal incinerators capable ofcharging more than 250 tons ofrefuse per day; (I) hydrofluoric, sulfuric, or nitric acid plants; 

### 0) petroleum refineries; (k) lime plants; (I) phosphate rock processing plants; (m) coke oven batteries; (n) sulfur recovery plants; (o) carbon black plants (furnace process); (p) primary lead smelteili; (q) fuel conversion plant; (r) sintering plants; (s) secondary metal production plants; (I) chemical process plants; (u) fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; barrels; (v) petroleum storage and transfer units with a total storage capacity exceeding 300,000 (w) taconite ore processing plants; (I) glass fiber processing plants; (y) charcoal production plants; (z) fossil fuel-fired steam electric plants ofmore than 250 million British thermal units per hour heat input; (aa) any other stationary source category, which as ofAugust 7, 1980 is being regulated under Section Ill or 112 ofthe federal act (3) A major stationary source as defined in Part 

### D ofTitle I ofthe**federalac~** including: (a) for ozone non-attainment areas, sources with the potential to emit 100 tons or more per year ofvolatile organic compounds or nitrogen oxides in areas classified as "marginal 11 or "moderate," 50 tons or more per year in areas classified as "serious," 25 tons or more per year in areas classified as "severe," and 10 tons or more per year in areas classified as "extreme"; except that the references in this paragraph to 100, 50, 25, and 10 tons per year ofnitrogen oxides shall not apply with respect to any source for which the administrator has made a finding, under Section 182(f)(l) or (2) ofthe**federalac~** that requirements under Section 182(f) ofthe federal act do not apply; (h) for ozone transport regions established pursuant to Section 184 ofthe federal**ac~** sources with the potential to emit 50 tons or more per year ofvolatile organic compounds;

20.2.70 NMAC 3(e) for carbon monoxide non-attainment areas (1) that are classified as "serious," and (2) in which slationary sources contribute significantly to carbon moooxide levels as determined under rules is!Ned by the administtator, sourees with the potential to emit 

### SO tons ormore per year ofcarbon monoxide; and (d) for particulate matter (PMIO) non-attainment areas classified 

### as "serious," 

### sources with the potential to emit 70 tons or more per year ofPM!0. 

### S. "Operatblg permit" or 

### "permit" (unless the context suggests otherwise) means any perntit or group ofpermits covering a source that is issued, renewed, modified orrevised pwsuant to this part. T. 

### "Operator" means the peraon orpersons responsible for the 

### overall operation of

### a facility. 

### U. "Owner" means the person orpersons who own 

### a facility or part of

### a facility. 

### V. "Part" means an air quality control regulation under Title 20, Chapter 2 ofthe 

### New Mexico Administtative Code, unless otherwise noted; as adapted or amended by the board. W. "Part 70 source" means any source subject to the perntittiog requirements ofthis part, as provided in 20.2.70.200 NMAC- 20.2.70.299 NMAC. X. "Permit modification"**~~~eans** 

### a revision to an operating permit that meets the requirements of significant perntit modifications, minor permit modifications, or administrative permit amendments, 

### as defined in 20.2.70.404 NMAC. Y. "Permittee" means the owner, operator or responsible official at 

### a permitted Part 70 source, as identified in any permit application ormodification. Z. "Portable source" means anyplant that 

### is mounted on any chassis or skids and which can be moved by the application ofa lifting or puUing force. In addition, there shall be no cable, chain, turnbuckle, bolt or other means (except electrical connections) by which any piece ofequipment is attached or clamped 

### to any anchor, slab, or structure, including bedrock, that must be removed prior to the application ofa lifting 

### or pulling furce fur the purpose oftransportiog the unit. Portable sources may include sand and gravel plants, rock crushers, asphalt plants and concrete batch plants which meet this criteria. AA. "Potential to emit" means the maximum capacity ofa stationary source to emit any air poUutant under its physical and operational design. Any physical or operational limitation on the capacity ofa source to emit an air pollutant, including air pollution control equipment and reslrietions on hours ofoperation or on the type or amount ofmaterial 

### com busted. stored, orprocessed, shall be treated as part ofits design lfthe limitation is federaUy enforceable. The potential to emit for nitrogen dioxide sbaU be based on tote! oxides ofnitrugen. AB. "Proposed permit" means the version ofa permit that the departmentproposes to issue and forwards to the administrator fur review in compliance with 20.2.70.402 NMAC. AC. "Regulated air pollolant" means the fullowing: ( 1) nitrogen oxides, total suspended particulate matter, or any volatile organic compounds; (2) any poUutant for which a national ambient air quality standard has been promulgated; (3) any pollutant that is subject to any standard promulgated under Section Ill ofthe federal act; (4) any class I or II substance subject to any stendard promulgated under or eslablished by Title VI of the federal act; (S) any pollutant subject 10 a standard promulgated under Section 112 

### or any otherrequirements established under Section 112 ofthe federal act, including Sections l 12(g), (j), and (r), including the fullowing; (a) any pollutant subject to requirements under Section 112(j} ofthe federal act; ifthe administrator fitils to promulgate a standard by the date established pursuant to Section ll2(e) ofthe federal act, any poUutant fur which a subject source would be a major sbali be considered 10 be regnlated on the date 18 months after the applicable date esll!blished pursuant to Section 112(e) ofthe federal act; and (b) any pollutant for which the requirements ofSection 112(&)(2) ofthe federal act have been met, but only with respect to the individual source subject to a Section ll2(g)(2} requirement; or (6) any other pollutant subject to regulation as defined in Subsection AL ofthis section. AD. "Renewal" means the process by which a permit is reissued at the eod ofits term. AE. "Responsible officlal" means one ofthe following. (1) For a corporation: a president, secretary, treasurer, orvice-president ofthe corporation in charge ofa principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person ifthe represenll!tive is responsible for the overaU operation ofone or more manufilcturing, production, or operating facilities applying for or !Nbject to a permit and either a) the facilities employ more than 

### 250 persons or hsve gross annual sales or expenditures exceeding $25 miUion (in second quarter 1980 dollars), or b) the delegation ofauthority to such representative is approved in advance by the department. (2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively.

20.2.70 NMAC 4 

# c

# c

(t



# c (3) For a municipality, state, federal or other public agency: either a principal**~ve** officer or ranking elected official. For the purposes ofthis part, a principal executive officer ofa federal agency iocludes the chiefexecutive officer having responsibility for the overall operatiO!lS ofa principal geographic unit ofthe agency (e.g., a regiooaladmioislmtor ofUS 

### EPA). (4) For an 

### acid raio 

### source: the designated 

### representative (as defined 

### in Section 402(26) ofthe federal act) io 

### so far as actions, standards, requirements, or prohibitions under Title IV ofthe federal act or the regulations promulgated thereunder are concerned, and for any other pwposes under 40 

### CFR, Part 70. AF. "Seetion 502(b)(10) 

### changes" are changes that contravene an 

### express permit term. Such changes do not include changes thut would violate applicable requirements or contravene permit terms and conditions that 

### are monitoriog (iocludiog test methods), recordkeeping, reporting, or compliance certification requirements. AG. "Shutdown" means the cessation ofoperation ofany air pollution control equipment, process equipment or process for any purpose. AH. "SoUd waste Incineration unit" means a distinct operating unit ofany facility which combusts any solid waste material from commercial or iodustrial establishments or the general public (including siogle and multiple residences, hotels, and motels). The term "solid waste incineration unit" does not include: (1) incineratom or other units required to have 

### a permit under Section 

### 3005 ofthe federal Solid Waste Disposal Act; (2) materisls recovery facilities (iocluding primary or secondsry smelters) which combust waste for the primary purpose ofrecoveriog metals; (3) qualifying small power production facilities, as defined in Section 3(17)(C) ofthe Federal Power Act (16 U.S.C. 796(17)(C)), or qualifying cogeneration facilities, as defined in Section 3(18)(B) ofthe Federal Power Act (16 U.S.C. 796(18)(B)), which bum homogeneous WBSte (such as units which bum tiNs or used oil, but not including refuse.derived fuel) for !he production ofelectric energy or in the case ofqualifying cogeneration facilities which bwn homogeneous waste for the production ofelectric energy and steam or fonns ofuseful energy (such as heat) which are used for industrial, commercial, heating or cooling pwposes; or (4) air curtsin incinerators, provided that such incinerators only burn wood wastes, yard wastes and clean lumber and that such air curtsio incinerators comply with opacity limit!tions established by the administrator by rule. AI. "Startup" meana !he setting into operation ofany air pollution control equipment, process equipment or process for any pwpose. AJ. "Stationary sou.rcen or usouree" means any building, structure, 

### facility, or installation, or any combination thereofthat emits ormay emit any regulated airpollutant or any pollutant listed under Section l12(b) ofthe federal act. AK. "Subsidiary" means a busioess concern which is owned or controlled by, or is a partner of, the applicant or permittee. AL. "SubJectto regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the act, or a nationally-applicable regulation codified by the administrator in subchapter C of40 CFR Chapter I, that requires actual control ofthe quantity ofemissions ofthat pollutant, and that such a control requirement has taken effect and is operative to control, limit orrestrict the quantity ofemissions ofthat pollutant released from the regulated activity. Except that: (l) "greenhouse gases" (GHOs) shall not be subject to regulation, uuless, as ofJuly 1, 2011, the GHG emissions are at a stationary source emitting or having the potential to emit l 00,000 tons per year CO,e equivalent**emissions~** (2) the term "tons per year CO,e equivalent emissions" (C02e) shall represent the aggregate amount of GHGs emitted by the regulated activity, and shall be computed by multiplyiog the mass amount ofemissiO!lS (tons per year), for each ofthe six greenhouse gases in the pollutant GHGs, by the gas's associated global warmiog potential published at Table A-1 to subpart A of40 CFR part 98- Global Warming Potentials, and swnming the resultant value for each gas; for pwposes ofthis patBgmph, prior to July 21, 2014, the mass ofthe gmenhouse gas carbon dioxide shall not ioclude carbon dioxide emissions resulting from the combustion or decompositinn ofnonfussilized and blodegradsble organic material originating from plants, animals, or micm-orgsnisms (including pruducts, by-products, residues and waste from agricutture, fOrestry and related industries as well as the nonfossilized and biodegradsble organic fractions ofind!18trial and municipal wastes, iocludlng gases and liquids recovered from the decomposition ofnon-fossilized and biodegradable organic material); (3) ifa federal court stays, invalidates or otherwise renders unenforceable by the US EPA, in whole or in part, the prevention ofsignificant deterioration and Tille V greenhouse gas talloriog rule (75 FR 31514, June 3.

20.2.70 NMAC 520I0), the definition "subject to regulation" shall be enfoo:eable by the department only to the extent that it is enforeeable by US EPA. AM. "Temporary 

### source" means any plant that is situated in one location for a period ofless than one year, after which it will he dismantled and removed from its =tsite or relocated to a new site. A temporary source may he semi-pennanent, which means 

### that is does not have to meet the requirements ofaportable source. Temporary sources may include well head compressors which 

### meet this criteria. AN. "Tide I modification" means any modification onder Sections Ill or 112 ofthe federal act and any physical change or change in method ofoperations that 

### is subject to the preconstruction regulations promulgated under Parta C aod D ofthe federal act. [11130/95; 20.2.70.7NMAC- Rn, 20NMAC 2.70.1.107, 061!4102; A, ll/07/02; A, 09106106; A, 01101/11; A, 02/06113) 20.2.70.8 AMENDMENT AND SUPERSESSION OF rRIOR REGULATIONS: This Part ameods aod 

### supersedes Air Quality Control Regulation ("AQCR") 770, ·Operating Permits, filed November 15, 1993, as amended ("AQCR 770"). The original effective date ofAQCR 770 was Deeember 19, 1994, which was the effective date ofapproval, by the Administrator, ofthe New Mexico aperating permit program. (See 

### 59 FR 59656, November 18, 1994). A. All references to AQCR 770 in any other rule 

### shal1 he conslrued 

### as a reference to this Patt. 

### B. The amendment and supersession ofAQCR 770 shall net affect any administrative orjudicial enforcement action pending on the effective date ofsuch amendment nor the validity ofany permit issued plli'$W!llt toAQCR 770. [11130195;202.70.8 NMAC- Rn, 20 NMAC 2.70.106, 06'14102] 20.2.70.9 DOCUMENTS: Documents cited in this Part may be viewed at the New Mexico Enviromnent Department, Air Quality Bureau, Rwmels Building, 1190 Saint Francis Drive, Santa Fe, 

### NM 87505 [130 

### I Siler 

### Rd., Bldg. B, Santa Fe, NM 87507]. [11130/95; 202.70.9NMAC -Rn, 20 NMAC 2.70.108, 06'14102; A, 01/01111] :!6.2.70.10 to 20.2.70.199 [RESERVED) 20.2.70.200 PART 70 SOURCES: Opemting permits must he obtained from the Department for the following sources: A. Any major source; B. Any source, including an area source, subject to a 

### standard or other requirement promulgated under section Ill

- Standard& ofPerformance for New Stationary Sources, or section 112 --Hazardous Air Pollutants, ofthe Federal Act, but not including any source which: (1) is exempted under Subsection B o£20.2.70.202 NMAC; or (2) would be required to obtain a permit solely because it is subject to regulations or requirements under section 112(r) ofthe Federal Act; C. Any acid rain source; aod D. Any source in a source category so designated by the Administrator, in whole or in part, by regulation, after notice aod comment [11/30195; 20.2.70.200 NMAC • 

### Rn, 20 NMAC 2.70.200, 06/14/02] 20.2.70.201 REQUIREMENT FOR A PERMIT: A. A Part 70 source may operate after the time that it is required to submit a timely and complete application under this part only if: (1) the source is in compliance with an operating permit issued by the department or EPA; or (2) a timely permit (including permit renewal) application has been submitted consistent with 20.2.70.300 NMAC; the ability to operate under these circumstsnces shall cease ifthe applicant fails to submit by tbe deadline specified in writing by tbe department any additional information identified as being needed to process the application. B. Revocation or termination ofa permit by the department terminates the permittee's right to operate.

20.2.70NMAC 6 

# (:

# c

C'
5



# c c. The submittal ofa complete operating permit application shall not protect any source from any applicable**requiremen~** including any requireroent that the source have a preconstruction permit under Title I ofthe federal act or state regulations. D, Requireroent for permit under 20.2.72 NMAC. (1) Part 70 sources that have an operating permit and do not have a permit issued under 20.2.7i NMAC or 20.2.74 NMAC shall submit a complete application for a permit under 20.2.72 NMAC within 180 days of September 6, 2006. The department shall consider aod may graot reasonable requests for extension ofthis deadtioe on a case-by-case basis. (2) Part 70 sources that do not have an operating permit or a permit under 20.2.72 NMAC upon the effective date ofthis subsection shall submit ao application for a permit under 20.2.72 NMAC within 60 days after submittal of ao application for ao operating permit (3) Pamgraphs I aod 2 ofthis subsection shall not apply to sources that have deroonstrated compliance with both the national and state ambient air quality staodards througb dispersion modeling or other method approved by the department aod that have requested incmporation ofconditions in their operating permit to ensure compliance with these standards. [11130/95; 20.2.70.201 NMAC- Rn, 20 NMAC 2.70.11.201, 06/14/02; A, 9/6/06] 20.2.70.202 SOURCE CATEGORY EXEMYTIONS: A. The following source categories are exempted from the obligation to obtain an operating permit: (1) All sources aod source categories that would be required to obtain a permit solely because they are subject to 40 CFRPart 60, Subpart AAA --Standards ofPcrformaoce for New Residential Wood Heaters; (2) All sources and source categories that would be required to obtain a permit solely because they are subject to 40 CPR Part 61, Subpart M --National Emission Standard for Hazardous Air Pollutants for Asbestos, section 61.145, Standard for Demolition aod Renovation; (3) Except as required under sections 20.2.70.500 NMAC- 20.2.70.599 NMAC, any source that would be required to obtain a permit solely because ofemissions ofmdionuclides; and (4) Any source in a source category exempted by the Administrator, by regulation, after notice and comment. B. Non-major sources, including those subject to sections Ill or 112 ofthe Federal Act, are exeropt from the obligation to obtain a Part 70 (20.2.70 NMAC) permit until such time that the Administrator completes a rulemaking that requires such sources to obtain operating permits. C. Any source exempted from the requirement to obtain an operating permit may opt to apply for a permit under this Part. D. No permit for a solid waste incineration unit shall be issued by the Department ifa New Mexico state agency is responsible, in whole or in part, for the design and construction or operation ofthe unit. In such cases, applications shall be made to the Administrator. Department review or approval ofsolid waste incineration units shall not constitute responsibility for the design, construction, or operation ofthe unit. [11/30/95; 20.2.70.202 NMAC- Rn, 20 NMAC 2.70.202, 06/14/02] 20.2.70.203 EXISTING MA.JOR SOURCES WIDCH ARE NOT REQUIRED TO HAVE A PERMIT UNDER 20.2.72 NMAC (CONSTRUCTION PERMITS): A.. The owner or operator ofany major source may reverse or avoid designation as a major source under this Part by obtaining a permit under 20.2.72 NMAC (Construction Permits) which includes federally enforceable conditions which restrict the potential to emit ofthe source to non-major emission rates. Such conditions may include emissions limitations, process restrictions and/or limitations, restrictions on annual hours of operation, or other conditions which reduce the facility's potential to emit B. [REPEALED] [11/30/95; A, 11/19/97; 20.2.70.203 NMAC- Rn, 20 NMAC 2.70.203, 06/14/02] 20.2.70.204 BERNALILLO COUNTY: For the operation ofsources within Bernalillo County, the applicant shall make such applications to the Air Pollution Control Division ofthe Albuquerque Environmental Health Department or its successor agency or authority. [11/30/95; 20.2.70.204NMAC- Rn, 20 NMAC 2.70.204, 06/14/02]

720.2.70.205 INDIAN TRIBAL JURISDICI'ION: The requirements ofthis Part do not apply to sources within Indian Tnl>al jurisdiction. For the operation ofsources in thstjurisdictioo, the applicant should make such applications to the Tnbal Authority or to the Administrator, as appropriate. [11!30/95; 20.2.70.205 NMAC • 

### Rn, 20 NMAC 2.70.205, 06/14102]
20.2. 70.206 to 20.2.70.299 [RESERVED

### I
20.2.70.300 

### PERMIT APPLICATIONS: A. Duly to apply. For each Part 70 solllCe, the owner or operator shall submit a timely and complete permit application in accordance with this part. B. Ti.tnely application. A ti.tnely application for a solllCe applying for a permit under this part is: (1) for first ti.tne applications, one that is submitted within twelve (12) months after the source commences operation 

### as a Part 70 source; (2) for purposes ofpenni! renewal, one that is submitted at least twelve (12) months prior to the date ofpermit expiration; (3) for the acid rain portion ofpermit applications for initial phaseD acid rain sources undar Title IV ofthe federal act, by January 1, 1996 for sulfur dioxide, and by January I, 1998 for nitrogen oxides; C. Completeness ofapplication. (1) To be daemed complete, an application must provide all information reqnired pursuant to Subsectinn D of20.2.70.300 NMAC, except that applications for penni! modifications need supply such information only ifit is related to the propoaed change. (2) If, while processing an application, regardless ofwhether it has been 

### detennined or deemed to be complete, the department determinea that additional information is necessary to evaluate or take final action on that application, it may request such information in writing and set a 

### reasonable deadline 

### for a response. (3) Any applicant who fails to submit any relevant fuels or who has submitted incorrect infonnatinn in a permit application or in a supplemental submittal shall, upon becoming aware ofsuch failure or incorrect submittal, promptly submit such supplementary facts or corrected infonnation. In addition, an applicant shall provide further information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release ofa draft permit. (4) The applicanfs ability to operate without a permit, as set forth in Paragraph (2) of Subsection A of 20.2.70.201 NMAC, shall be in effect from the date a ti.tnely application is submitted until the final permit is issued or disapproved, provided that the applicant adequately submits any requested additional infonnation by the deadline specified by the departroent. D. Content ofapplication. Any person seeking a permit undar this part shall do 

### so by filing a written applicatinn with the department. The applicant shall submit three (3) copies ofthe permit application, ormore, as requested by the department. An applicant may not omit information needed to datennine the applicability of, or to impose, any applicable requirement, or to evaluate the fee amount required under 20.2.71 NMAC (operating permit emission fees). Fugitive emissions shsll be included in the permit application in the same manner as stack emissions, regardless ofwhether the source category in question is included in the list ofsources contsined in the definition ofmajor source. All applications shall meet the following requiremenlli. (1) Be made on forms furnished by the department, which for the acid rain portions ofpenni! applications and compliance plans shsll be on nationally-standardized fonns to the extent requirad by regulations promulgated under Title IVofthe federal act. (2) State the company's name and address (and, ifdifferent, plant name and address), together with the names and addresses ofthe owner(s), responsible official and the operator ofthe solllCe, any subsidiaries or parent companies, the company's state ofincorporation orprincipal registration to do business and corporate or partnership relationship to other permittees subject to this part, and the telephone numbers and names ofthe owners' agent(s) and the site contact(s) familiar with plant operations. (3) State the date ofthe application. (4) Include a description ofthe source's processes and products (by standard industrial classification code) including any associated with alternative scensrios identified by the applicant, and a map, such as the 7.5 minute topographic quadrangle map poblished by the United States geological survey or the most detailed map available showing the exact location ofthe source. The location shsU be identified by latitude and longitude or by UI'M coordinates.

20.2.70 NMAC 8 

# c

# (**c~**



# ( (5) For all emissions ofall air pollutants for which the source is major and all emissions ofregulated air pollutants, provide all emissions information, calculations and computations for the source and for each emissions unit, except for insignificant activities (as defined in 20.2.70.7 NMAC). This shall include: (a) a process flow sheet ofall components ofthe facility which would be involved in routine operations and emissions; (b) identification and description ofall emissions points in sufficient detail to establish the basis for fees and applicability ofrequirements ofthe state and federal acts; (c) emissions rates in tons per year, pounds 

### per hour and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method; (d) specific information such as that regarding fuels, fuel use, raw materials, or production rates, to the extent it is needed to determine or regulate emissions; (e) identification and full description, including all calculations and the basis for all control efficiencies presented, ofair pollution control equipment and compliance monitoring devices or activities; (f) the maximum and standard operating schedules of the source, as well as any work practice standards or limitations on source operation which affect emissions ofregulated pollutants; (g) ifrequested by the departmen4 an operational plan defining the measures to be taken to mitigate source emissions during startups, shutdowns and emergencies; (b) other relevant information as the department may reasonably require or which are required by any applicable requirements (including information related to stack height limitations developed pursoant to Section 123 ofthe federal act); and (i) for each alternative operating scenario identified by the applican4 all ofthe information required in Subparagraphs (a) through (h) above, as well as additional information determined to be necessary by the department to define such alternative operating scenarios. (6) Provide a list ofinsignificant activities (ss defined in 20.2.70.7 NMAC) at the source, their emissions, to the extent required by the departmen4 and any information necessary to determine applicable requirements. (7) Provide a citation and description ofall applicable air pollution control requirements, including: (a) sufficient information related to the emissions ofregulated air pollutants to verify the requirements that are applicable to the source; and (b) a description of or reference to any applicable test method for determining compliance with each applicable requirement (8) Provide an explanation of any proposed exemptions from otherwise applicable requirements. (9) Provide other specific information that may be necessary to implement and enfurce other requirements of the state or federal acts or to determine the applicability ofsuch requirements, including information necessary to collect any permit fees owed under 20.2.71 NMAC (operating permit emission fees). (10) Provide certification ofcompliance, including all of the following. (a) A certification, by a responsible official consistent with Subsection E of20.2.70.300 NMAC, of the source's compliance status for each applicable requirement. For national ambient air quality standards, certifications shsll be based on the following. (i) For first time applications, this certification shall be based on modeling submitted with the application for a permit under 20.2.72 NMAC. (U) For permit renewal applications, this certification shall be based on compliance with the relevant terms and conditions ofthe current operating permit. (b) A statement ofmethods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods. (c) A statement that the source will continue to be in compliance with applicable requirements for which it is in compliance, and will, in a timely manner or at such schedule expressly required by the applicable requirement, meet additional applicable requirements that become effective during the permit term. (d) A schedule for submission ofcompliance certifications during the permit term, to be submitted no less fiequently than annually, or more frequently ifspecified by the underlying applicable requirement or by the department (e) A statement indicating the source's compliance status with any enhanced monitoring and compliance certification requirements ofthe federal act. (11) For sources that are not in compliance with all applicable requirements at the time ofpermit application, provide a compliance plan that contains all ofthe following.

20.2.70 NMAC 9(a) A description ofthe compliance status ofthe source with respect to all appiJcable requirements. (b) A IW:Illtive description ofhow the SOlii"Ce will achieve compliance with such requirements for which it is not in compliance. (e) A sehedule ofremedial measures, including an enforceable sequence ofactions with milestones, leading to compliance with such applicable requirements. The schedule ofcompliance 

### shaU be at least as stringent as that contained in any consent decree or administrative order to which the source is subject, 

### end the obligations ofany consent 

### decree or administrative order 

### shall not be in any way diminished by 

### the schedule of compliance. Any such schedule ofcompliance shall be supplemental to, and shall not prohibit 

### the department from taking any enforcement action for noncompliance with, the applicable requirements 

### on which it is 

### bssed. months. (d) A schedule for submission ofcertified progress reports no less frequently than 

### every six (6) (e) For the portion ofeach acid rain source subject to the acid min provisions ofTitle IV ofthe federal act, the compliance plan content requirements specified in this paragraph, except as specifically superseded by regulations promulgated under Title IV ofthe federal act with regard to the schedule and method(s) the s<>urce will use to 

### achieve compliance with the acid rain emissiOIIS limitations. E. Certificati<>n. Any document, including any application form, report, 

### or compliance certification, submitted pursuant to this part shall contain certification by a responsible official oftnlth, accuracy, 

### end completeness. This certification 

### end any other certification required under this part shall state that, based on information and beliefformed 

### after reasonable inquiry, 

### the statements and information in the document 

### are tnle, accurate, and complete. [11130/95; A, 11/14/98; 20.2.70.300 NMAC- 

### Rn, 20 NMAC 2.70.1Il.300, 06/14102; A, 9/6/06; A, 01101111] 20.2.70.301 CONFIDENTIAL INFORMATION PROTECTION: A. All confidentiallty claims made regarding material submitted to the Department under this Part shall be reviewed under the provisions ofthe New Mexico Air Quality Control Act section 74-2-11 NMSA 1978 and 

### the New Mexico Inspection ofPublic Records Act, sections 14-2-l et seq. NMSA 1978. 

### B. In the case wbere an applicant or permittee bas submitted information to 

### the Department under a claim ofconfidentiality, the Department may also require the applicant or permittee to submit a copy ofsuch information directly to the Administrator. C. An operating permit is a public record, and not entided to protection undersection ll4(c) ofthe Federal Act. [ll/30/95; 20.2.70.301 NMAC- Rn, 20 NMAC 2.70.301, 06/14/02] 20.2.70.302 PERMIT CONTENT: A. Permit conditions. (1) The department shall specify conditions upon apermit, including emission limitations and sufficient operational requirements and limitations, to assure compliance with all applicable requirements at the time ofpermit issuance 

### or as specified in the approved schedule ofcompliance. The permit shall; (a} for major sources, include all applicable requirements for all relevant emissions nults in the major source; (b) for any non-major source subject to 20.2.70.200 NMAC- 20.2.70.299 NMAC, include all applicable requirements which apply to emissions nulls that cause 

### the source to be subject to this part; (e) specify and reference the origin of

### end authority for eaeb term or condition, and identify any difference in form as compared to the applicable requirement upon which the term or condition is based; (d) include a severability clause to ensure the continued validity of

### the various permit requirements in the event ofa challenge to any portiol!S ofthe permit; (e) include a provision to ensure that the permittee pays fees to the department consistent with 

### the fee schedule in 20.2.71 NMAC (Operating Permit Emission Fees}; 

### end (f) for purposes ofthe permit shield, identify any requirement specifically identified in the permit application or significantpermit modification that the department has determined is not applicable to the source, 

### end state the 

### bssis for any such determination. (l) Each permit issued shall, additionally, include provisions stating the following. (a) The permittee 

### shall comply with all terms and conditions of

### the permit Any permit noncompliance is grounds for enforcement action. In addition, noncompliance with federally enforceable permit conditions constitutes a violati<>n ofthe federal act.

20.2.70NMAC 10

# ()



# C · .. .



# c (b) It shall not be a defense for a permittee in an enforcement action that it would have been necesslll)' to halt or reduce the permitted activity in order to maintain compliance with the conditions ofthe permit (c) The permit may be modified, reopened and revised, revoked and reissued, or terminated for
cause in accordance with 20.2.70.405 NMAC. (d) The filing ofa request by the permittee for a permit modification, revocation and reissuance, or termination, or ofa notification ofplanned changes or anticipated noncompliance shall not stay any permit condition. (e) The permit does not convey any property rights ofany sort, or any exclusive privilege. (I) Within the period specified by the**departmen~** the permittee shall furnish any information that the department may request in writing to determine whether cause exists for reopening and revising, revoking and reissuing, or termination ofthe permit or to determine compliance with the permit. Upon**reques~** the permittee shall also furnish to the department copies ofrecords required by the permit to be maintained. (3) The terms and conditions for all alternative operating scenarios identified in the application and approved by the department: (a) shall require that the permittee maintain a log at the permitted facility which documents, contemporaneously with any change from one operating scenario to another, the scenario under which the facility is operating; and (b) shall, for each such alternative scenario, meet all applicable requirements and the requirements ofthis part. (4) The department may impose conditions regulating emissions during startup and shutdown. (5) All permit terms and conditions which are required under the federal act or under any ofits applicable requirements, including any provisions designed to limit a source's potential to**emi~** are enforceable by the administrator and citizens under the federal act. The permit shall specifically designate as not being federally enforceable under the federal act any terms or conditions included in the permit that are not required under the federal act or under any ofita applicable requirements. (6) The issuance of a**permi~** or the filing or approval ofa compliance plan, does not relieve any person from civil or criminal liability for failure to comply with the provisions ofthe Air Quality Control**Ac~** the**federalac~** federal regulations thereunder, any applicable regulations ofthe board, and any other applicable law or regulation. (7) The department may include part or all ofthe contents ofthe application as terms and conditions of the permit or permit modification. The department shall not apply permit terms and conditions upon emissions of regulated pollutants for which there are no applicable requirements, unless the source is major for that pollutant. (8) Fugitive emissions from a source aball be included in the operating permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list ofsources contained in the definition ofmajor source. (9) The acid rain portion ofoperating permits for acid rain sources shall additionally: (a) state**tha~** where an applicable requirement ofthe federal act is more stringent than an applicable requirement ofregulations promulgated under Title IV ofthe federal act, both provisions shall be inco1p0rated into the permit and shall be enforceable by the administrator; and (b) contain a permit condition prohibiting emissions exceeding any allowances that the acid rain source lawfully holds under Title IV ofthe federal act or the regulations promulgated thereunder; no permit modification under this part shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require a permit modification under any other applicable requirement; no limit shall be placed on the number ofallowances held by the acid rain source; the permittee may not use allowances as a defense to noncompliance with any other applicable requirement; any such allowance shall be accounted for according to the procedures established in regulations promulgated under Title IV ofthe federal act. B. Permit duration. The department shall issue operating permits for a fiXed term of five (5) years. C. Monitoring. (1) Each permit shall contain all emissions monitoring requirements, and analysis procedures or test methods, required to assure and verify compliance with the terms and conditions ofthe permit and applicable requirements, including any procedures and methods promulgated by the administrator. (2) Where the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist ofrecordkeeping designed to serve as monitoring), the permit shall require periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit, as reported pursuant to Subsection E of 20.2.70.302 NMAC. Such

20.2.70NMAC 11monitoring requirements shall assure use oftenns, test methods, units, averaging periods, and other statistical ( , conventions consistent with the applicable requirement. (3) The permit shall also contain specific requirements concerning the use, maintenance, and, when appropriate, installation ofmonitoring equipment or methods. D. Recordkeeping. (1) The permit shall require recordkeeping sufficient to assure and verify compliance with the terms and conditions ofthe permit, including recordkeeping of: (a) the dste, place as defined in the permit, and time of sampling or measurements; (h) the dste(s) analyses were performed; (c) the company or entity that performed the analyses; (d) the analytical techniques or methods used; (e) the results ofsuch analyses; and (I) the operating conditions existing at the time ofsampling or measurement. (2) Records ofall monitoring data and support information shall be retained for a period ofat least five (5) years from the date ofthe monitoring sample, measurement, report, or application. Supporting information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies ofall reports required by the permit. E. Reporting. The permit shall require reporting sufficient to assure and verify compliance with the tenns and conditions ofthe permit and all applicable requirements, including all ofthe following. (1) Submittal ofreports ofany required monitoring at least every six (6) months. The reports shall be due to the department within forty-five (45) days ofthe end ofthe permittee's reporting period. All instances of deviations from permit requirements, including emergencies, must be clearly identified in such reports. All required reports must be certified by a responsible official consistent with Subsection E of20.2.70.300 NMAC. (2) Prompt reporting ofall deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause ofsuch deviations, and any corrective actions or preventive measures taken. The report shall be contained in the report submitted in accordance with the timefiame given in Paragraph (I) ofthis section. ( ; (3) Submittal ofcompliance certification reports at least every twelve (12) months (or more , , frequently ifso specified by an applicable requirement) certifying the source's compliance status with terms and conditions contained in the permit, including emission limitations, standards, or work practices. The reports shall be due to the department within thirty (30) days of the end ofthe permittee's reporting period. Such compliance certifications shall be submitted to the administrator as well as to the department and shall include: (a) the identification ofeach term or condition ofthe permit that is the basis ofthe certification; (h) the compliance status ofthe source; (c) whether compliance was continuous or intermittent; (d) the method(s) used for determining the compliance status ofthe source, currently and during the reporting period identified in the permit; and (e) such other facts as the department may require to determine the compliance status ofthe source. (4) Such additional provisions as may be specified by the administrator to determine the compliance status ofthe source. F. Portshle and temporary sources. The department may issue permits for portable and temporary sources which allow such sources to relocate without undergoing a permit modification. Such permits shall not apply to acid rain sources and shall include conditions to assure that: (1) the source is installed at all locations in a manner conforming with the permit; (2) the source shall comply with all applicable requirements and all other provisions ofthis part at all authorized locations; (3) the owner or operator shall notify the department in writing at least fifteen (15) calendar days in advance ofeach change in location; (4) notification shall include a legal description ofwhere the source is to be relocated and how long it will be located there; and (5) emissions from the source shall not, at any location, result in or contribute to an exceedance ofa national ambient air quality standard or increment or visibility requirement under Part C ofTitle I of the federal act; the department may require dispersion modeling to assure compliance at any location. G. Compliance. To assure and verify compliance with the terms and conditions of the permit and with this part, permits shall also include all the following.

20.2.70NMAC 12

# c (1) Require that, upon presentation ofcredentials and other documents as may be required by law the permittee shall allow authorized representatives of the department to pcrfonn the foUowing: ' (a) enter upon the permittee's premises where a source is located or emission related activity is conducted, or where records must be kept under the conditions ofthe permit; (b) have access to and copy any records that must be kept under the conditions ofthe permit; (e) inspect any facilities, equipment (iecluding monitorieg and air poUution control equipment), practices, or operatiollll regulated or required under the permit; and (d) sample or monitor any substances orparameters for the pwpose ofassuring compliance with the permit or applicable requirements or as otherwise authorized by the federal act. (2) Require that sources required under Paragraph (II) ofSubsection D of20.2.70.300 NMAC to have a schedule ofcompliance submit progress reports to the departmental least semiannually, or more frequently if specified iethe applicable requirement or by the department. Such progress reports sbaU be collllistent with the schedule ofcompliance and requirements ofFaragraph (II) of Subsection D of20.2.70.300 NMAC and shall contain: (a) dates for achieving the activities, milestones, or compliance required ie the schedule of compliance, and dates wben such activities, milestones or compliance were achieved; and (b) an explanation ofwhy any dates ie the schedule ofcompliance were not or wiU not be met, and 

### auy preventive or corrective measures adopted. (3) Include such other provisions as the department may require. H. Operational flexibility. (1) Section S02(b)(IO) changes. (a) The permittee may make Section 502(b)(I0) changes, as defined ie 20.2.70.7 NMAC, without applying for a permit modification, ifthose changes are not title I modifications and the changes do not cause the facility 

### to exceed the emissions allowable under the permit (whether expleOSed as a rate ofemissions or ie terms oftotal emissions). (b) For each such change, the permittee shall provide written notification to the department and the admtoistrstor at least seveo (7) days in advance ofthe proposed changes. Such notif!Calion shall iuclude a brief description ofthe change withie the permitted facility, the date on which the change 

### will occur, any change iu emissions, and any permit term or condition that is no longer applicable as a result ofthe change. (e) The permittee and department shall attach each such notice to their copy ofthe relevant permit. (d) Ifthe written notification and the change qualify under this provision, the permittee is not required 

### to comply with the permit terms and conditions it has identified that restrict the change. Ifthe change does not qualify under this provision, the original terms ofthe permit remain fuUy enforceable. (2) Emissions trsding withie a facility. (a) The deparlment sbaU, ifan applicant requests it, issue permits that conmin terms and conditions allowing for the trsdieg ofemissions ieereases and decreases iethe permitted facility solely for the purpose ofcomplying with a federally enforceable emissions cap that is estsblished in the permit ie addition 

### to any applicable requirements. Such terms and conditions shall ieclude aU terms and conditions required under 20.2.70.302 NMAC to determine compliance. Ifapplicable requirements apply to the requested emissious trsding, permit conditions shaH be issued only to the extent that the applicable requirements provide for trsdieg such iecreases and decreases without a case,.by-ease approval. (b) The applicant shall include ie the application proposed replicable procedures and permit terms that ensure the emissiollll trsdes are quantifiable and enforceable. The department shall not ieclude in the emissions trsding provisiollll any emissions units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trsdes. The permit shall require compliance with all applicable requirements. (e) For each such change, the permittee sball provide written notification to the department and the adrninistmtor at least seven (7) days ie advance ofthe proposed changes. Such notification shall sUite when the change will occur and sball describe the changes ie emissions that will result and how these increases and decreases ie emissions will comply with the terms and conditions ofthe permit (d) The permittee and department shall attach each such notice !o their copy ofthe relevant permit. I. Off-permit changes. (1) Permittees are allowed to make, without a permit modification, changes that are not addressed or prohibited by the operatieg permit, if.

20.2.70NMAC 13(a) each such change meets all applicable requirements and ahall not violate any existing permit term or condition; (b) such changes are not subject to any requirements Wider Title N ofthe federal act and are not 

### Title I modilicatioos; (e) such changes ere not subject to permit mndification procedures under 20.2.70.404 NMAC; and (d) the permittee provides contemporaneous written notice to the depsrtment and US BP A of each such change, except for changes thst qualilY 

### as insignificant activities. Such written notice shall describe each such change, including the date, any change in emissions, pollutants emitted and any applicable requirement that would apply 

### as a result ofthe change. (l) The permittee shall keep a record describing changes made at the source that result in emissinns of

### a regulated air pollutant subject to an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from !bose changes. 

### J. Permit shield. (1) Except as provided in this part, the department shall expressly include in a Part 70 (20.2.70 NMAC) permit a provision stating that compliance with the conditions ofthe penni! shall be deemed compliance with any applicable requirements as ofthe date ofpermit issuance, provided that: (a) such applicable requirements are included and are specifically identified in the permit; or (b) the department, in acting on the permit application or significant permit modification, determines in writing that other requirements specifically identified 

### are not applicable to the 

### source, and the permit includes the determination or a concise summary thereof. (l) A Part 70 (20.2.70NMAC) permit that does not expressly state that a permit shield exists for a specific provision shall be presumed not to provide such a shield for that provisinn. (3) Nothing in this section or in any Part 70 (20.2.70 NMAC) permit ahall alter or affect the following: (a) the provisions ofSection 303 ofthe federal act

- Emergency Powers, including the authority ofthe administrntor under that section, or the provisions ofthe 

### New Mexico Air Quslity Control Act, Section 74-2-10 NMSA 1978; (b) the liability of an owner or operator of

### a source for any violation ofapplicable requirements prior to or at the time of permit issuance; (c) the applicable requirements ofthe acid rain program, consistent with Section 408(a) oftbe federal act; or (d) the ability ofUS EPA to obtain information from a source pursuant 

### to Section 114 oftbe federal act, or the department to obtain information subject to the New Mexico Air Quality Control Act, Section 74- 2-13 NMSA 1978. (4) The permit shield shall remain in effect if

### the permit terms and conditions are extended past the expiration date ofthe permit pursuant to Subsection D of20.2.70.400 NMAC. (5) The permit shield shall extend to tenns and conditions thst allow emission increases and decreases 

### as part ofemissions trnding within a facility pursuant to Parsgrapb (2) ofSubsection H of20.2.70.302 NMAC, and to all terms and conditions under each eperating scenario included pursuant to Psragraph (3) of Subsection A of20.2.70.302 NMAC. (6) The permit shield shall not extend to administrntive amendments under Subsection A of 20.2.70.404 NMAC, to minor permit modifications under Subsection B of20.2.70.404 NMAC, to Section 502(b)(l 0) changes under Paragraph (I) of Subsection H of20.2.70.302 NMAC, or to permit terms or conditions for which notice bas been given to reopen orrevoke all or part under 20.2. 70.405 NMAC. [11/30/95; A, 11114/98; 20.2.70302 NMAC- Rn, 20 NMAC 2.70.ill.302, 06114102; A, 

### 916106; A, 08/01/08] 

### 20.2.70.303 GENERAL PERMITS: A. Issuance ofGeneral Permits: (1) The Department may, after notice and opportunity for public participation and US EPA and affected program review, issue a general permit covering numerous similar sources. Such sources shall be generally homogenous in terms ofeperations, processes and emissions, subject to the same or substantially similar requirements, and not subject to case-by-case standards or requirements. (l) Any general permit shall comply with all requirements applicable to other operating permits and shall identify criteria by which sources may qualify for the general permit. B. Authorization to Operate under a General Permit:

20.2.70 NMAC 

### 14 

# C )

/

# c

c (1) The owner or operator ofa Part 70 source which qualifies for a general penni! must: (a) Apply to the Department for coverage under the terms ofthe general penni!; or (b) Apply for an operating permit consistent with 20.2.70.300 NMAC. (2) The Department may, in the general permit, provide for applications which deviate 

### froro the requirements ofsubsection D of20.2.70.300 NMAC, provided that such applications meet the requirements ofthe Federal Act and include all information necessary to determine qualification for, and to assure compliance with, the general permit The Department shall review the application for authorization to operate under a general permit for completenesa within thirty (30) days after its receipt ofthe application. (3) The Department shall authorize qualifying sources which apply for coverage under the general penni! to operate under the terms and conditionB of the general pennit The Department shall take final action on a general permit authorization request within ninety (90) days ofdeeming the application complete. (4) The Department may grant a request for authorization to operate under a general permit without repeating the public participation procedures required under 20.2.70.401 NMAC. Such an authorization shall not be a permitting action for purposes ofadministrative review under New Mexico Air Quality Control Act section 74-2- 7.H NMSA 1978. Permitting action for the purposes ofsection 74-2-7 NMSA 1978 shaD be the isauance ofthe general permit. (5) Authorization to operate under a general permit shall not be granted for acid rain sources unless otherwise provided in regulations promulgated under title IV ofthe Federal Act. (6) The permittee shall be subject to enforcement action for operation without an operating permit if the source is later determined not to qualify for the conditions and terms ofthe general permit [11/30/95; 20.2.70.303 NMAC- Rn, 20 NMAC 2.70.303, 06/14/02]
20.2.70.304 EMERGENCYPROVISION: A. An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control ofthe permittee, including acts ofGod, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit due to unavoidable increases in emissionB attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack ofpreventive maintenance, or careless or improper operation. B. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations ifthe permittee has demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) an emergency occurred and that the permittee can identify the cause(s) ofthe emergency; (2) the permitted facility was at the time being properly operated; (3) during the period ofthe emergency the permittee took all reasonable steps to minimize levels of emissions that exceeded the emission standards or other requirements in the permit; and (4) the permittee submitted notice ofthe emergency to the department within 2 working days ofthe time when emission limitalions were exceeded due to the emergency; this notice fulfills the requirement of Paragraph (2) ofSubsection E of20.2.70.302 NMAC; this notice must contain a description ofthe emergency, any steps taken to mitigate emissions, and corrective actions taken. C. In any enforcement proceeding, the permittee seeking to establish the occurrence ofan emergency has the burden ofproof. D. This provision is in addition to any emergency or upset provision contained in any applicable requirement. [11/30/95; 20.2.70.304 NMAC- Rn, 20 NMAC 2.70.1Il.304, 06/14/02; A, 9/6/06; A, 08/01/08]
20.2.70.305 to 20.2.70.399 [RESERVED]
20.2.70.400 ACfiON ON PERMIT APPLICATIONS: A. A permit (including permit renewal) or permit modification shall only be issued ifall of the following conditions have been met: (1) The Department has received a complete application for a permit, permit modification, or permit renewal, except that a complete application need not be received before issuance ofa general permit under 20.2.70.303 NMAC; (2) Except for administrative and minor permit modifications, the Department has complied with the requirements for public participation procedures under 20.2.70.401 NMAC;

20.2.70NMAC 15(3) Except for administmtive amendments, the Department bas complied with the requirements for ( · notifYing and =ponding to affected programs under 20.2.70.402 NMAC;

... (4) 

### Th.e conditions ofthe permit provide for compliance 

### with 

### aU applicable requirements and the requirements ofthis Part; and (5) · The Administmtor bas received a copy of

### !he proposed permit and any notices required under 20.2.70.402 NMAC, and bas not objected to issuance ofthe permit within the time period speeified within that section. B. The Department sball, within sixty (60) days after its receipt ofan application for a permit or significant permit modification. review such application for completeness. Unless the Department determines that an application is not complete, requests additional information or otherwise notifies the applicant ofincompleteness within sixty (60) days ofreceipt ofan application. the application shall be deemed complete. When additional information is requested by the Department prinr to ruling an application complete, receipt ofauch information sball be processed as a new application for purposes ofthis seetion Ifthe application 

### isjudged complete, a certified letter to that effect shall be sent to the applicant. If the application isjudged incomplete 

### a certified letter sball be sent to the applicant statiog what additional information or points ofclarification are nece.ssary to judge the application complete. C. The Department shall 

### lllk:e final action on each permit application (including a request for permit renewal) within eighteen (18) months 

### after an application is ruled complete by the Department, except thst (1) For sources in operation 

### on or before 

### December 19, 1994 and which submit to the Department timely and complete applications in accordance with 20.2.70.300 NMAC, the Department shall take final action on one third ofsuch applications annually over a period not to exceed three (3) years after such effective date; (2) Any complete permit application containing an early seduction demonstmtion under section Il2(iXS) ofthe Federal Act shall be acted on within nine (9) months ofdeeming the application complete; and (3) The acid rain portion ofpermits for acid rain 

### sources shall be acted upon in accordance with the deadlines in title IV ofthe Federal Act and the regulatiom promulgated thereunder. D. Ifa timely and complete application for a permit renewal 

### is aubmitted, COllllistent with 20.2.70.300 NMAC, but the Department has failed 

### to issue or disapprove the renewal permit before the end ofthe term ofthe**o~,** previous permit, then the permit shall not expire and 

### aU the terms and conditions ofthe permit shall remain in effect until the renewal permit bas been issued or disapproved. E. Permits being renewed are subject to the same procedural requirements, including those for public participation. affected progr11111 and US EPA review, that apply to initial permit issuance. F. The Department shall state within the draft permit the legal and factual basis for the draft permit conditions (including references to 

### the applicable statutoty or regulatoryprovisions). G. The Department shall grant or disapprove the permit based on information contained in the Departments administmtive record. The administmtivc record shall consist of the application, any additional information submitted by the applicant, any evidence or written commenta submitted by inte=ted persons, any other evidence considered by the Department, and, ifa public hearing is held, the evidence submitted at the 

### hearing. H. Ifthe Department grants or disapproves 

### a permit or permit modification. the Department 

### shall notify the applicant by certified mail ofthe action taken and the reasons therefor. Ifthe Department grants a permit ormodification, the Department shall mail the permit or modification, including aU terms and conditions, to the applicant by certified mail. L Voluntary Discontinuation. Upon request by the permittee, the Department sball permanently discontinue al'art 70 (20.2.70 NMAC) permit. Permit discontinuance terminates the permittee's right to operate the source uoder the permit The Department sball confirm the permit discontinuance by certified letter to the permittee. J. No permit shaU be issued by 

### failure ofthe Department to act 

### on an application or 

### renewal. [11130/95; 20.2.70.400 NMAC- Rn, 20 NMAC 2.70.400, 06/14/02] 20.2.70.401 PUBUCPARTICIPATION: A. Proceedings for all permit issuances (including renewals), significant permit modifications, reopenings, revocations and terminatiollll, and all modifications to the Department's list ofinsignificant activities, shall include public notice and provide an opportunity for public comment The Department shall provide thirty (30) days for public and affected program comment. The Department may hold a public hearing on the draft permit, a proposal to suspend, reopen, revoke or terminate a permit, or for any reason it deems appropriate, and shall hold such a hearing in the event ofsignificant public interest. The Department shall give notice ofany public hearing at least thirty (30) days in advance ofthe hearing.

20.2.70NMAC 

### 16

# c

0



# c B. Public notice and notice ofpublic hearing shall be given by publication in a newspaper ofgenellll circulation in the area whene the sow:<:e is located or in a state publication designed to give genellll public notice, to 

### pe!'80118 on 

### a mailing list developed by the Department, including those who request in writing to be on the list, and by other 

### means if 

### necessary to 

### assure adequate notice to the affected public. 

### C. Thepublic notice shall identify: (1) The affected facilily; (2) The 

### names and addn:sses of the applicant or permittee and its owners; (3) The name and addn:ss ofthe Department; (4) The activily or activities involved in the permit action; (5) The emissions chaoge(s) involved in any permit modification; (6) The name, addn:ss and telephone number ofa person from whom intenested persons may ohtsin additional information, including copies ofthe permit draft, the application. and relevant supporting materials; (1) A briefdescription ofthe comment procedures required by the Department; and (8) As appropriate, a statement ofprocedures to request a hearing, or the time and place of

### any scheduled hearing. 

### D. Notice of public hearing shall identify: (1) The affected facility; (2) The lllllllOS and eddneases ofthe applicant or permittee and its owners; (3) The name and address ofthe Department; (4) The activily or activities involved in the permit action; (5) The 

### name, oddness and telephone nuroher ofa person from whom interested 

### persons may obtsin additional information; (6) A briefdescription ofhearing procedures; and (1) The time and place ofthe scheduled hearing. E. Public hearings shall be held in the geographic 

### area likel.y to be impacted by the 

### source. The time, date, and place ofthe hearing shall be determined by the Department The Department shall appoint a hearing officer. A tmnscript ofthe he<lring shall be made at the request ofeither the Department or the applicant and at the expense ofthe person requesting the transcript At lite hearing, all interested persons shall be given a reasonable chance to submit data, views or arguments orally or in writing and lo examine witnesses testifying at the hearing. F. The Department shall keep arecord ofthe commenters and also ofthe issues raised daring the public participationprocess 

### so that the Administrator may fulfill his or her obligation under section 505(h X2) ofthe Federal Act to determine whether a citizen petition may be granted. Such recorda shall be available to the public upon request G. The Department shall provide such notice and opportunity for participation by affected 

### programs as is provided 

### fur by 20.2.70,402 NMAC. [11/30195; 202.70.401 NMAC • 

### Rn, 20NMAC2.70.401, 06/14/02]
20.2..70.402 REVIEW BY THE ADMINISTRATOR AND AFFECTED PROGRAMS: A. Notification: The Department shall not issue an operating permit (including permit renewal or reissuance), minor permit modification or significant permit modification, uatil af'fucted programs and the Administrator have had an opportunily to review the proposed permit 

### as required under this section. Permits for source categories waived by the Administrator from this requirement and any permit terms or conditions which are not required under the Fedellll Act oruoder any ofits requirements are not sohjecllo Administrator review or approval. (1) Within five (5) days ofnotification by the Department that the application has been determined complete, the applicant shall provide a copy ofthe complete permit application (including the compliance plan and all additional materials submitted to the Department) directly to the Administrator. The permit or permit modification shall not be issued without certilication to the Department ofsuch notification. The Department shaU provide to the Administrator a copy ofeach draft permit, each proposed permit, each final operating permit, and any other relevant information requested by the Administrator. (2) The Department shall provide notice of each draft permit to any af'fucted program on or before the time that the Department provides this notice to the public under 20.2.70.40 I NMAC, except to the extent that minor permit modification procedures require the timing ofthe notice to be different (3) The Department shall keep 

### for five (5) years such recorda and submit to the Administrator such information as the Administrator may reasonably require to ascertain whether the state program complies with the requirements ofthe Federal Act or related applicable requirements.

20.2.70NMAC 17B. Responses to Objections: 

# c·
. (1) No permit for which an application must be transmitted lo the Administrator under this Part shall 

### be issued by the Department ifthe Administrator, after detennining that issuance ofthe proposed penni! would not be in compliance with applicable requirements, objects to such issuance in writing within forty-five (45)**da~** of receipt ofthe proposed permit and all 

### necessary supporting information. (2) Ifthe Administrator does not object in writing under paragroph (I) ofsubsection B of20.2.70.402 NMAC, any person may, within sixty (60) days after the CJ<piration of the AdministraiOJ's 45-day review period, petition the Administrator to make such objection. July such petition shall be based only on objections to the penni! that were raised with reasonable specificity during the public comment period provided for in 20.2.70.401 NMAC, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds fur such objection arose after such period Ifthe Administrator objects to the permit as a result ofa petition filed under this parsgraph, the Department sbaU not iasue the permit until the AdministraiOJ's objection bas been resolved, except that a petition for review does not stay the effectiveness of

### a permit or ill! requirements ifthe perntit was issued after the end ofthe 45-day review period and prior to the Administrator's objection. (3) The Department, as part ofthe submittal ofthe proposed permit to the Administrator (or as soon 

### as possible after the submittal for minor permit modification 

### procedure& allowed under subsection B of20.2.70.404 NMAC), shall 

## notilY the Administrator aod any affected program in writing ofany refusal by the Department to accept aU recommeodations for the proposed perntit that the afli:cted program submitted during the public or affected program review period The notice shaU include the Departmenfs reasons fur not acceptiog any llUI;h recommeodation. The Depanment is not required to accept recommeodations that are not based on federaUy enforceable applicable requirements. [ 11/30/95; 20.2.70.402 NMAC

- 

### Rn, 20 NMAC 2.70.402, 06/ 14102] 20.2.70.403 PETITIONS FOR REVIEW OF FINAL ACTION: A. Hearing before the board: (1) Any person who participated in a permittiog action before the dePartment and who is adversely a !fueled by such permitting action may file a petition for bearing before the board. For the pwposes ofthis section, 

# cl. permitting action shall include the failure ofthe department to take final action on an application for apermit (including renewal) orpermit modification within the time specified in this part. (2.) The petition shall be made in writing to the beard within thirty (30)**~** from the date notice is given ofthe departments action and shaU specifY the portiODB ofthe perntitting action to which the petitioner objects, certifY that a copy ofthe petition bas been mailed 

### or band-delivered 

### as required 

### bY this paragropb, aod attsch 

### a copy ofthe permitting action for which review is sought. 

### Unless a timely request fur hearing is made, the decision ofthe department sbaU be fioal. The petition sbaU be copied simultaneously to the department upon receipt ofthe appeal notice. If the petitioner is not the applicant orpermittee, the petitioner shall mail or band-deliver a copy ofthe petition to the applicant or permittee. The department shall certifY the administrative record to the board. (3) Ifa timely request for hearing is made, the board shall hold a bearing within sixty (60)**da~** of receipt ofthe petition in accordance with New Mexico 

### Air Quality Control Act section 74-2-7 NMSA 1978. 

### B. Judicial review: (1) Any person who is adversely affected by an administrative action taken by the board pursuant to subsection A of20.2.70.403 NMAC may appeal to the Court ofAppeals in accordance with New Mexico 

### Air Quality Control Act section 74-2-9 NMSA 1978. Petitions forjudicial review must be filed no later than 

### thirty (30) days after the administrative action. (2) The judicial review provided for by 20.2.70.403 NMAC shall be the exclusive means for obtainingjudicial review ofthe terms and conditions ofthe pennil [ll/30/95; 20.2.70.403 NMAC 

### Rn, 20 NMAC2.70.403, 06/14/02; A, 08/01108]
20.2.70.404 PERMIT MODIFICATIONS: A. Administrative Permit Amendments: (1) An administrative permit amendment is one that: (a) Corrects typographical errors; (b) Provides for a minor administrative change at the source, such as a change in the address or phone number ofany person identified in the permit; (

. , (c) Incorporates a change in the permit solely involving the retiriog ofan emissions unit;

. (d) Requires more frequent monitoring or reporting by the permittee; or

20.2. 70 NMAC 18

# c

() (e) Ally otber type ofchange which has been determined by the Depanment and the Administrator to be 

### similllr to those in this p11I11graph. (1) Change$ in ownership or operational control ofa source may be made 

### as administrative amandments provided that: (a) A 

### written agreement, containing a specific date for trnns.fer ofpermitrespoMibility, coverage, and liability between the current and 

### new permittee, has been submitted to the Depanment, and either the Depanment has detcrmioed that no other 

### change in the permit is 

### necesoary, or changes 

### deemed 

### necesoary by the Department have been made; (b) The new owners have submitted the application information required in persgraph (2) of subsection D of20.2.70.300 NMAC; (c) No grounds exist for permittermination, as set out in subparagraphs (b) and (c) of paragraph (3) ofsubsection A of20.2.70.40S NMAC; and (d) The permittee has published 

### a public notice ofthe change in ownership ofthe 

### source in a newspaper ofgeneral circulation in the area where the source is located. (3) The Department may incorporate administrative permit amandmeots without providing notice to the public or affected programs, provided that it designates any snch penni! modificatioDS 

### as administrative permit amendments and submits a copy of the revised permit to the Administrator. (4) The Department ahall take no more thao sixty(60) days from receiptofarequest fur an administrative permit amendment to take final action on such request The permittee may implement the changes outlined in subpersgrapha (a)through(d) ofpersgraph (1) ofsubsection A of20.2.70.404 NMAC immediately upon submittal ofthe request fur the administrative amendment. The permittee may implement the changes outlined in subpersgraph (e) ofpersgrnph (1) ofsubsection A of20.2.70.404 NMAC orpersgraph (2) ofsubsection A of 20.2.70.404 NMAC upon approval ofthe administrative arnandment by the Department B. Minor Permit Modificatioll8: (1) Minor permit modification procedures may be used only for !hose permit modifications that (a) Do not violate any applicable requirement; (b) Do not involve relaxation ofexisting monitoring, reporting, or recordkeeping requirements in the perm.it; (c) 

### Do not require or change a case-by-case determination ofan emission limitation or other standard, or a source-specific determination for ternporary sources ofambient impacts, or a visibility or 

### increment analysis; (d) Do not seek 

### to establish or change apermit term or condition for which 

### there is no corresponding underlying applicable requirement and that the permittee has assumed to avoid 

### an applicable requirement to which the soorce would otherwise be subjact. Such terms and eoaditions include any federally eoforceable emissions 

### cap assumed to avoid classification as a title I modification and any alternative emiasions limit approved pursuant to regulations promulgsted under section 112{i)(5) ofthe Federal Act; (e) Are not title I modificati0118; and (f) Are not required by the Department to be

### processed as a significant modification pUllluantto subsection C of20.2.70.404 NMAC. (2) A permi!t!IC ahall not submit multiple minor permit modification applications that may conceal a larger modification that would not be eligible for minor permit modification procedures. The Department may, at its discretion, require that multiple related minor permit modification applications be submitted as a significant permit modification. (3) All application requesting the use ofminor permit modification procedures shall meet the requirements ofsubsections C and D of20.2.70.300 NMAC and shall include: (a) A description ofthe change, the emissions resulting from the change, and any new applicable requirements that will apply iflhe change occurs; (b) The applicant's suggested draft permit; (e) Certification by a responsible official, consistent with subsectioo E of20.2.70.300 NMAC, that the proposed modification meets the criteria for use ofminorpermit modification procedures and a request that such procedures be used; and (d) Ifthe requested permit modification would affect existing compliance plans or schedules, related progress reports, or certification ofcompliance requirements, an outtioe ofsuch effects. (4) The Department shall, within thirty (30) days after its receipt ofan application for a minor permit modification, review such application for completeness. Unless the Depanment determines that an application is not complete, requests additional ioformation or otherwise notifies the applicant ofincompleteness within thirty (30)

20.2.70 NMAC 19days ofreceipt ofan application, !be application shall be <lamed complete. Ifthe applicstion isjudged complete, a ( , certified letter to that effect shall be sent to the applicant 

### If!be application is judged incomplete a certified letter ·l shall be sent to the applicant stating wbat additional information orpoints ofclarification are necessary tojudge the application complete, (5) Wi!hin five (5) worlcing days ofnotification by !be Department that !be minor penni! modification appliestion has been determined complete, !be applicant ahall meet its obligation under subsection A of20.2.70.402 NMAC to notifY the Administrator of !be requested permit modification. The Department promptly shall send any notice required under paragraph (2) ofsubsection A of20.2.70.402 NMAC and subsection B of20.2.70.402 NMAC to the Administrator and affected programs. (6) The permittee may make the change proposed in its minor permit modifiCation application immedistely after such applicstion is deemed complete. After the permittee makea the change allowed by the preceding sentence, and until the Department takes any of !be actioll8 specified in paragraph (7) ofsubsection B of 20.2.70.404 NMAC below, the permittee must comply with both the applicable requirements governing the change and !be proposed permit terms and conditions. During this time period, !be permittee need not comply with the existing permit terms and conditioliS it seeks to modify. If the permittee 

### fails to comply with its proposed penni! 

### terms and conditions during this time period, the existing permit terms and conditions it 

### seeks to modifY may be enforced against it (7) The Department may not issue a final minor penni! modification until after the Administrator's 45-day review period ofthe proposed penni! modification oruntil 

### US EPA has notified !be Department that the Administrator will not object to issuance ofthe permit modification, although the Department may approve the permit modification prior to that time. Wi!hin ninety (90) days ofruling the application complete uoder minor permit modification procedures or wi!hin fifteen (15) days after the end ofthe Administrator's 45-day review period, whichever is later, the Department 

### shall: (a) Issue !bepenni! modification as it 

### was proposed; (b) Disapprove the permit modificstion application; (c) Determine that the requested modification does not meet 

### the minor permit modification criteria and ahould be reviewed uoder the significant modification procedures; or - d fi (d)

## ~;**~e ~-~~**  pemuA'tmfo2 d

0 ili2.cati 70

·on

402

BDNMAd trancsmit to tha Administrstor the new proposed (_) penni! 

### mo i cation 

### as req..... cu "' 

### su....ectton 

### o . . , C. Significant Permit Modifications: (1) A significant permit modification is: (a) Any revision to an opersting penni! !hat does not meet the criteria uoder 

### the provisions for administrstive permit amendments under subsection A of20.2.70.404 NMAC or for minor penni! modifications under subsection B of20.2.70.404 NMAC above; (b) Any modiftcation that would result in BDY relaxation in existing monitoring, reporting or rccordkecping permit terms or conditions; (e) Any modification for which action on !be application would, in thejudgment ofthe Department, require decisions to be made on significant orcomplex issoes; and (d) Changes in ownership which do not meet the criteria ofparagraph (2) ofsubsection A of 20.2.70.404 NMAC. (2) For significant modifications which are notrequired to undergo preconslruction permit review and approval, changes to the source which qualify as significant permit modificatioi!S shall not be made until 

### the Department has issoed !be operating permit modification. (3) For signiftcant modifications which have undergone preconstruction permit review and approval, the permittee shall: (a) Before commencing operation, notify !be Department in writing ofany applicable requirements and operating penni! terms and conditions contravened bythe modification, emissions units affected by the change, and allowable emissions increases n:sulting from the modification; and (b) Within twelve (12) months after commencing operstion. file a complete operating permit modification application. (4) Where an existing operating permit would specifically prohibit such change, the permittee must obtain an operating permit modification before commencing operation or implementing !be change. (5) Significant permit modifications aha!! meet all requirements ofthis Part for penni! issuance, including those for applications, public participation, review by affected programs and review by 

### the Administrator. 

# c·
. (6) The Department shall complete review on the majority ofsignifiCant permit modification .• applications within nine (9) months after !be Department rules tha applications complete.

20.2.70NMAC 20

# c

0



# c D. ModificatiOilll to Acid Rain Sowces: Administrative penni! amendments and permit modifications fur pliJllOBCS ofthe acid rain portion ofthe permit shall be governed byregulations promulgated by the Administrator UDder title 

### IV ofthe 

### Federal Act. [11130/95; 20.2.70.404 NMAC • Rn, 20 NMAC 2.70.404, 06/14/02] 20.2.70.405 PERMIT REOPENING, REVOCATION ORTERMINATION: A. Action by the Department: (I) Each permit sball include provisions specifying the conditions UDder which the penni! will be reopened prior to the expiration ofthe permit. A permit sball be reopened and revised for any ofthe following, and tnay be revoked and reissued for 

### subparagraphs (c) or (d) ofthe following: {a) Additional applicable requirements under the Federal Act become applicable to a major smm:e with a remaining permit term ofthree (3) or more yearB. Such 

### a reopening aball be completed not later than eighteen (18) months after promulgation ofthe applicable requirement. No such reopening is required ifthe effective date ofthe requirement is later than the date on which the permit is due to expire, uulesa the original pennit or any ofilll terms or conditions have been extended past the expiration date ofthe permit pursuant to subsection D of20.2.70.400 NMAC; (b) Additional requiremenlll (including excess emissions requirements) become applicable to a source under the acid rain program promulgated under title 

### IV ofthe 

### Federal Act. Upon approval by the Administrator, exCCS!l cmisaions offset plana shall be deemed to be incmporated into the permit; {c) The Department or the Administrator determines thet the permit contains a material mistake or thet inaccurate sbotcments were made in esbiblisbing the terms or conditions ofthe permit; or (d) The Department or the Administrator determines thet the permit 

### must be revised orrevoked and reissued to assure compliance with the applicsble requirements. · {2) Proceedings to reopen and revise, or revoke and reissue, apenni! aball affect only those parlll of the pennit fur which cause to reopen or revoke exists. Units for which permit conditions have been revoked shall not be operated until permit reisauance. Reopenings aball be made as expeditiously as practicable. (3) A permit, or an authorization to operate under a genersl permit, maybe terminated when: (a) The permittee mils to meet the requirements ofan approved compliance plan; (b) The permittee has been in significant or repetitious non-compliance with the operating permit terms or conditions; (c) The applicant or permittee has exhibited a history ofwillfol disregard for environmental laws ofany sbote or TnDalauthority, or ofthe United Sbotes; (d) The applicsnt or permittee bas knowingly misrepresented a materisl fact in any application, record, report, plan, or other document filed or required to be mainboined under the permit; (e) The permittee 

### falsifies, bimpeiS with or renders inaccurate any monitoring device ormethod required to be mainmined under the permit; (f) Thepermittee fails to pay fees required under the fee schedule in 20.2.71 NMAC (Operatiog Penni! Emission Fees); or (g) The Administrator bas found that cause exists rn terminate the pennit. (4) The Depsrttnent abal1, by certified mail, provide a notice ofintent to the permittee at least thirty (30) days in advance ofthe date on which apermit is to be reopened or revoked, or tenninsted, except 

### that the Department may provide a shorter time period in the case ofan emergency. The notice shall state that the permittee tnay, within 30 (thirty) days ofreceipt, submit comments or request a ljcariog on the proposed permit action. B. Action by the Administrator: Within ninety (90) days, or longer ifthe Administrator extends 

### this period, after receipt ofwritten notification that the Administrator has found that cause exiats to terminate, modify or revoke and reisaue a permit, the Depsrttnent shall forward to the Administrator a proposed determination of termination, modification, or revocation and reissuance, as appropriate. Within ninety (90) days fu>m receipt ofan Administrator objection to a proposed determination, the Department shall address and act upon the Administrator's objection. C. Compliance Orders: Notwitbsbonding any action which may be boken by the Department orthe Administrator under subsections A and B of20.2.70.405 NMAC, a COIDpliance order issued porsuaut to New Mexico Air Qualily Control Act section 74-2-12 NMSA 1978 may include a suspension orrevocation ofany penni! orportion thereof: [11/30195; 20.2.70.405 NMAC • Rn, 20 NMAC 2.70.405, 06/14102]

20.2.70 ]).'MAC 2120.2.70.406 CITIZEN SlllTS: Pursuant to section 304 ofthe Federal Act, 42 USC 7604, any person may commence certain civil actions under the Federal Act. [11130195; 20.2.70.406 NMAC- 

### Rn, 20NMAC 2.70.406, 06/14102] 20.2.70.407 VARIANCES: Pursuant to New Mexico Air Quality Control Act section 74-2-8 

### NMSA 1978, applicants and permittees may seek a variance frmn the non-federaUy enforceable provisions ofthis Part. [11130/95; 20.2.70.407 NMAC

- Rn, 20 NMAC 2 70.407, 06/14102] 20.2.70.408 ENFORCEMENT: Notwithstanding any other provision in the New Mexico State Implementation Plan approved by the Administrator, any credible evidence may be used for the pwpose of establishing whether a person 

### has violated or is in violation ofthe 

### terms or conditions of a permit issued pursuant to this Part.A. Information 

### from the 

### use ofthe fOllowing methods is presumptively credible evidence ofwhether a violation 

### has occUl'led at the source: (1) A monitoring or information gathering method approved for the source pursuant to this Part and incorporated in an operating permit; or (2) Compliance methods specified in the New Mexico State !mplemeotation Plan. B. The following testing, monitoring or information gathering methods 

### are presumptively credible testing, monitoring or infurmation gathering methods: (1) Any federally enforceable monitoring or testing methods, including those in 40 CFRparts 51, 60, 61 and 75; and (2) Other testing, monitoring or information gathering methods that produce information comparable to that produced by atty method under subsection A of20.2.70.408 NMAC or paragraph (I) ofsubsection B of 20.2.70.408 NMAC. [11130/95; 20.2.70.408 NMAC- 

### Rn, 20 NMAC 2.70.408, 06114/02] 20.2.70.409 to 20.2.70.49!1 

### (RESERVED! 20.2.

### 70.500 to 

### 20.2.70.599 

### (RESERVED! HISTORY OF 20.2.70 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 770, Air Quality Control Regulation 770- Operating Permits, .filed 11115193. History ofRepealed Material: 

### [RESERVED! Other History: EIBIAQCR 770, Air Quality Control Regulation 770- Operating Permits, filed 11115193 was renumbered 

### into first version ofthe New Mexico Administrative Code as 20 NMAC 2.70, Operating Permits, filed !0130/95; 20 NMAC 2.70, Operating Permits, flied !0130/95 was reoiUilbered, reformatted and replaced by 20.2.70 NMAC, Operating Permits, effective 06/14102.

20.2.70 NMAC 22

# c Silver City 

# Daily Press and J 

# ndependent 3l30A Hwy. 180 E. Posl Oflice Box 740 Silver City, New Mexico 88062 (575} J8M-t576 JNVOICF: JlOR PUBLICATION OF LEGAL NOTICE 

### New Mexico Air Qunlity Burcuu 

### PO Box 26110 Sunta 

### Fe, NM87502

Dale Description 

### 7/31/13 Stale lmplcmcntmion Plan Revision (S)

\ ' ! 

# c {)()()()020209 Inches lines1 

### 21>.25 Jl{l.75 "' .ld '"' .4'1 Ia 

### .49



### ... .49

,,. .49 

### "'.49
ill 

### .49 Total 

### -$115.76

-::


## =



## -

=



# -

Tnf:1l lndu•.'ll 

### 26.25

l'll•asl' indudc lop portion with pnymcnt tu ensure I>I'Ojlcl' t:rcclit. SuhtBt'it $115.76 Ta• $X.54
Gri>tUI 'l'otal 

### S 12730 

# Affidavit of Publication

s s STATE 

### Of NEW MEXICO]
Coutll)' of 

### Grant

. Chrbtina 

### Ely. !>dng liN duly 'worn, on her uHih Sll)'S: 

### That she;_, the rmhlbhcr of the**Sill'~r** 

### City Daily Pres' and Independent, 01 

### newspaper printed and published in the Town of Silver City, 

### in the County 

### of Gmm ;md the Stille of New Mexico. and that s:tid newspaper 

### iR 

### now .muJ wm, at all time-; herein mentioned, a newspaper of gcncntl circulation. Thallhe advertisement, copy of which is**h~reto** 

### a!tachctl. was puhlishcd in \aid hcr"inhdvre 

### nwntion"''**ncw~papcr** 

### once**c<~ch** 

### anti every week for I consecutive week (s), the firs! puhlk:ttionthercof having been mack <Ill 

### 7/311**I~** 

### and I

### he last publicHtiotl thereof h;ll•ing hcctl made on . That said newspaper was regularly printed, published anti b.,ued wilh ,aid notice herein upon the following date;, 

### to wit:
7131113

# Legal
DIAECCION 0£:: MEJORAS MEDIOAME31ENTAU:S DE NUEVO MEXICO AVISO DE IMPLEMEt'/TACION DE PLAN DE REVISION DEL ESTAOO La Dlrecd6n de MeJoras MedJo. amblenta es de NUevo Mtxlco ("OflecciM") 

### fSodtt 

### una au· dlencla pUblica el 8 de octubre del2013, a las fO:OO a.m
.. en el Centro ds Conrerendas y Negoclos del Cond•do Grant, sala Fort Bayard, 3031 Highway 180 East, SHver City, Nuevo M6lCico

. El prol)6slto de Ia audlencla es tonsld11rar el asunto de Ia EIB t3.05(Ra> propuestos camblos aJ Plan e lmplemantacl6n del Ealado de Nuevo M6lCICO (SIP, por eus alglas en Ingles) , revl· 81l>n del 6Jea de mantenlmlento del dl6xldo de**ezutre para**  e1 Condado Grant, Nue'W'M4.xlco. El Departamento del Medio Ambients de Nuevo M6ldco ('NMED*, pot sua slglas en In· gl6a) 88el**que'pr~** eata reVIs16n y**ado~** nOfTil!.Uva. El pro¢811o 

### 'Oe es1a aOOienda p(Jbllca ea t:onslderar y tomar una poelble acd6n 80bnt una pebcl6n dqf NMEO con relacl6fl 

### aIap/Opuesta cevl816n alSIPd8l Mantarilmlento del Dl61ddo de Azufi& del Condado Grant La SeociOn 175A de Ia Ley

. Federal del Alre Umplo (CAA, por sus alglaa en lngl6s) reqOJece que los estados elaboren**pl~es** de lmlllementac16n estata/es para sufragar el rnantenlmlento de los Estlmdares Naclonales de Ia CaUdad del Alre Ambleotal (NAACS, por •us slglas ell In· glee) para aqueUas**~reas** que nan vfolado un esl4ndar (a las cuales se refiere como un**Ar~a** de no consetucl6n) y llenen sllflciente 1nr01macl6n para pro· bar que esa Area estA ahora ell cumpllmlento del est6ndar

. En febfero del**~.** el NMEO Pff1G81lt6 a Ia Agenda de Pro· teccl6n Amblental de Estados Unldoa (EPA, por sua slglaa 

### en lngllta) una Pellcf6n de Aitdealg· naciOn y Plan de Mantenlmlen8 NME D**oa~4 ~a**  reunll>n lnfotmallva aobfe las Pfopueatae modlflcaclonea del SIP del**~a ~e**  manteo!· mlento del**dl6~** de 

## uurre pera M Concledo Grant, Nuew Mjlcki:b, en aua oflelnas del Air Ooallty Bureau, 525 Carnlno de Joe Marquez,'Suite 1, santa Fa, Nuevo MltlCICO 87505 e1 4 de sepllembfe del2013, 

## de las 12'00 p.m , a las 3:00p.m Para aslatlr a esla**r~f6n ,**  por laVot oomunlque88 coo Gail Cooke en el 505-476-4319 o**en~** cookellsta!a lllP. ua
. 8 propuesto 

### plafi**mcxtlfl~** se 

### P\Jede revtsar durarite'ihoras 11Ables en Ia oficlna de Campo del NMED del Dlstrtto de Sll · ver City, ehuado en 3082 32nd Street, By·Pa88 Road, Suite o , suwr City, Nu8110 M6xlco El**le~o** completo de las p(opueatas nonnas**~naidas** del NMED est6 dl#:lbls en e1 &itlo electrOnloo: • DIM!JY. sla19 om 

### ua, 0 comunjt4tlclo: 88 con Gall Cooke en 81 

## (;:ss> 47&-4319 o gall C!OOkaGa e, m1JLI

. La audlencia 88 reallzar6 de ccnformldad 

### cbn 20

. 1 f NMAC (Procedlmlentoe de Aeglameo·**~** - Con88JQ per lit Me)o· ta

j del Madlo Mlblenta) Ia ley de Majora del Medlo Ambleritf Sec:d6n 74·1·9 NMSA 1978, le Ley de Control de Calidad del Alre, Seccl6r),**7-4·2~** NMSA 1978, y otros procedlmlentos aplicabfes l'odaa las personas lnterasadas tendrhl oportunldad razonable en Ia audlenda de presen!J\r Pf\{l!bas, datoe, opinion a y ar· gumenlos lmportantes, ya 888 ell forma verbol o por 89Cflto, asl 

### como de pte88nlar anexos e lnletrogar testlgoa

. l.sa per- sonas que deseen entregar t&sllmonlos t6Ctlloos deoon preaentar antA el Con88jo una rJOtlllcaciOn pot eacrfto de au lntenci6n

. La notlftc6'd6n de In· tenc:IOn deberA :
to del ilea de llO oonsec:ucl6n SOa de 24 horas para el Conda· do Gtant, Ia cualaprob6 Ia EPA el 18 de sepdembre del 2003

. Se requiere que los estados revtaen al manlenlmlehto de los SIPs 10 alios despu68 de que Ia EPA aprueba el plan lnlciafde mantenlmlento de un Area. En cuanto Ia Olrecx:i6n adoplo Ia revllll6n del S IP para el Area de mantenlmlento del dl6xldo de a.tufre para el Condado Grant. Nuevo M6xlco, sa pre&entarla a Ia EPA para lnoorporac:l6o a/ SIP de Nuevo M6l<lco

. (1) ldentlncar 

## a Ia [:!!!rtona P8ra qulen**testificat6(n) el(loa)**  lestiQo(s): (2) klentfflcar a cada uno de los testlgoe tllcnlcoa que las per · sonas**dese~yreaentar** y declarer laa**cualliJ~nas** de los mlsmoa, lncluyendo una de&- cripcl6n de sua antecedentes de educacl6n y trabajo : (3) reaumlr o**l!'(l~Ul r**  una copla del t8SIImonlo dlrecto de cada testfgo t6onlco y declarer Ia durad6n prevlsla del tetiCimonlo de aaelestlgo; {4) enumerar y desetfblr , o ad- )Untar, csda uno de loa analCOa que dlcha peraooa Pf'8W orre

# CJ

# c SiJver City 

# Daily Press and Independent 3130A Hwy. IROE. Post Oftice Box 740 Silver City, New Mexico Hl-:062 (575) 38!!·1576 

### INVOICE FOR l'liULICATION OFLEGAL NOTICE New Mexico Air Quulity I:Jureau PO Box 26110 Santa Fe, N M fl751l2

Date Description PON Inches llnes1 Total 

### 7131113 Stme lmplcmcnlali<)n Plan R

...

### visil>ll**00000~0209** 

### 22.75 159.25 ''l 

### .63 

# = $l00.3J
ifl .49 

## = t!r' .49 

# -
(ll' 

### .49 

### =- "' .49 

# =
hi 

### .49 

# -**c~~** (a• 

### .49 

# =
Tutal tndU.'\ 

### 22.75 Suhlulol 

### S 100,3.:\

Pleu>l' Include lup 

### JH>rtiun with 

### payment lo cusu.-c 

### JH'UJlCI' cn•dif. 

# 'I"•• S7.40 Gnmd Tnl;ol 

### $107.73. 

# Affidavit of Publication

s s STATE 

### OF NEW MEXICO

# J

Cmmty of Grant

.**C"hri.-tin;~** 

### Ely,**hdn~** 

### fir.' I 

### duly swum. 

### on her oath hays: 

### Thill 

### she b 

### I he puh!i.,hcr of the**Sil\'~t·** 

### City Duily Pre.'·' Hnd 

### ln<lcpcndcnt, a ncwspapct· pritu,•d 

### uml puhJi.,hcd iu the Town of Silver 

### City. in the Cnunly ofGnml Hntl 

### the Stille 

### of New Mexico, 

### anr.J thul.,ai<l ncws1mper 

### is now,mul 

### was at all times hcrcinmcntinnc<l. a ncwspupcr of gcncnrl drculation. That the**advcrtb~mcnl,** 

### copy of whit:h b hereto ;til

### ached, was 

### puhli.,hnl in s;tid 

### lwr:cinhd'orc nH.:ntion('d ne'"P"l'"r on.:,· each and every week for 

### l consceutiw**wee~** 

### (s), the fir,l 

### puhli.:<rlion thereof 

### having been made 

### on 7/3 l/13 :md lite Ia.>! publimtion thereof having been 

### made wr . 

### That ·'"id lll'Wspapcr "'"'regularly primed. puhli.,hcd 

### and 

### i.,sued with s:rid 

### notk.: hcr.:inupon the following dare,, 

### to wit:

# Legal

NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD NOTICE OF STATE IMPLEMENTATION PlAN REVISION The New Mextcg Environ· meolal fmPfoveinent Board ("Board') wNI hold a publiC heartng on OctOber 8, 20t3 at t 0:00 a
.m
. allhe Gtpnt County Bulllnea.s and Conference Con · tar, F'or1 Bayard**~oom.** 3031 Highway 180 East, Sliver City, New Mexico. The PI¥POS6 of the l)aarfng Ia to conSider the matter of No

. EIB 13-<l5(R), proposed changes 10 the New Mexico State JmplementaUon Plan ("SIP•} rev181on for the Grant County, New MeJCloo sui· lur dioxide maintenance area. The proponent of ltlls regula· tory adOption and revision Ia the New**~exlco** Enlllronmen t Department ("NMEO"). or**~ con~**  Gall Coolte at (605) 476-4319 or gell.cooke8 &tate

### .nm. \18.

. The heerlng will be conducted In accordance

. wfth 20.1

. 1 ['4MAC (Rulemaklng Proce · CIUres

- p,v!ronmeolal lm· provement Board), the EnVI · I'Onmenlal**~~** ACI, NMSA 1978, Sectkln 74-t-9, the Air**~lly** COntJOI 

### Ad Sec- 

### M tlon, NMSA 1978,74-2-8, and other applcable PJoceduree. All lnletasted pefsona wfh be given repsonable opportunity at the hearing to submit relevant evldeoce, data. VIews and argl.ments, orally or In writing, 10 k1110duce 8)(hlblts, and to examine witnesses. Pen;ona Wlat\ing to present techniCal testimony must file with the Board 

### a written notice of Intent to do 10. The notice of Intent &hflll: (i) lde(lUIY the Jl8I:!!Oil for whom the wltnds(es) wiN testify; (2) Identify each technical wll· nees that the pel$00/ntends to present and state the quaHIIca· tlons of th&**~tneas,** InCluding a descrlPIIon or their educatfoil and wort< background; (3) lndudera copy of the dlreet feSttriiony of each technical Wit· ness In narrative form: (4) list and altBch eaCh exhibit**antlclpat~** to be ollei"!Kf bythat**~n** atlhe hearing; and (5) 9ch the text of any recommended modifications to the pt9J)Osed SI P revision

. NotiCes of Intent for lhe heartng tnti9t be received In the Oftlce of the Board not later than 5:00 pm on September 18, 2013 and should refer&l'ce the dodtet numtier , EIB 13-0S(R), and lhe date of ttte hearing. Notices of Intent to present tei:holcaltestl· mony should be submitted to: Pam Castll!leda, Board Admlnlslrator Enlll(onmentallmprovement Board P.O. Box 5469 Santa Fe, NM 87502 Phone : {505) 827-:1!425, Fax(505)827.0310 The purpose of the public hearlng Ia to consider and tako posSible action on a peuuon from NP,4ED regarding proposed SIP r&\llalon to the Grant County Su lfur DIOXIde Maintenance SIP. Secllon 175A d the Fedaral Clean Air Act rcAA"lrequires 81ateal0 devel· op stafe Implementation plana to provide for the maintenance ol the NaUonaJ Ambient Air Ouallty Standards ("NMOS") lor thoee areu that have vlo· tated a standard (retaued to as a**~nanalr1{1'1ent** ales) and for WhiCh there lls aufllaleot data to prove that area Ia**~** In com · pllancs with the standard

. In February 2003, NMED submit• ted to the U

.S. Envl roomentaJ Protection Agency rePA"j a Redeatgnatlon Request and Maintenance Plan for U\e Grant COunty 24-hOur 

## so, nonatlaln· ment area
. Thill submlttAII wu subsequenlly approved bv EPA on September 18, 2003

. States are required to revise maintenance SIPs 10 years afler the EPA approves an area's lnllllil maintenance plan

. Upon adop· tlon by the Board, SIP revision tor the Grant County , New MeKico sulfur dlo>cJde ,maintenance area would bft sibmltted to EPA ro r Incorporation Into New Me!elco's SIP

.

The NMED wtU host an In• tormauonal**~** hoUM on the proposed SIP revision lor the Grant County, New Mexico sulfUr doxlde malnfenance araa 4!t the NMEO Air Quanty Bureau OH1ce, 525 Camino de loe Marquez, Suite 1, Santa Fe, New Mexico 87505 , from 12:00p.m

.-\3:00p

. m
. on September 4, 2013. To attend the Informational open house , please contact Gall Cooke at**~05-4 8....Si9**  Of gall

.cqokeliP state .nm
.ua
. Any member of the general pubUc may**tesH~** at the hear · lng

. No prior noliRcatloo Is re · qUired to present non-technical testimony at the heattng

. Any such member may alsO otter eAAiblls In connecllon with his teatlmony, so long as the ex· hlblt Is not unduly repetitious of the t891imony,

The propelled revtsedoplllfl may be reVIewed during regular boil· nese houre at the NMED SliVer**Cit~** D18111ct Reid oHice localed at 3082 32"" Street

. ey
. pa&a Roed, Sufte D, Sliver CitY, New Mexico

. FUll text ol NMED's propooed revised**r~ulaUona** are available on NMED's web site atwwW

.nn'ltlnV.stale

.nm
.ua
. A membef of ltle general public who wishes 10 submit a written S1alement for lhe record, In U eu of providing oral testmony at the haarl119, 

### shan file the writ· len statement prtor to the hear

- Ing , or submit It at tha hearing

. Persons having a d lsablllty and needing help 111 being a pari or this hearing process shOuld contact Juan CUrios Borrego of the NMEO Human Resources Bureau by September23, 2013 at P.O

. BOx 26110, 11 90 St

. Frenc4s Drive. Santa Fe, New MeKico, 87502 , telephone 505· 827.()424 or email juancar1os

. borreqo@Nte.n m.us, TOY us

# c

c

# c

(1 

# Invoice

Invoice 

### Number: NMR-2014- 15 

### Date: 8/1/2013 Commission ofPublic Records 

### Administrative 

### Law Divison 1205 Camino Carlos Rey Santa Fe, NM 87507- Phone: (505) 476-7907 Fax: .(505) 476-7910

J Bill To: -,--;:;; 

### - - -- ' Ship To (if different address):



### . Envirorunent Department 1525 camino de Los Marquez #I

Santa Fe, NM 87505- 1 Environment De-partment 

### 525 camino de Los Marquez# I Santa Fe, NM 87505- SRC

### Auti~or~ntion - 

# T l'_hOR"_ Numb#+ Dnte Re<juestod

# I
Dnte

### Sl~ Shipped Viqllill

### T~-(ng;,':Y**code~** Louise Wood T (505) 476-7875 7/3112013 InterAgency 667 Qunntityf:
- Description i 2I Colum,;;r inch I • - --·- 22 Columnar inch Notice Olhcr Milterinl

For lnternnl Use Only 

# -=- T.

## n••.

## ~...

## ~Codc·J· UnltPrlc1 ' 431902 $2.00 ' 

### - ' 431902 $2.00

. . Subtotal , Payment Amount I Total $42.00 ' $44.00 : $86.00 

## i

Pnyment Method: Purchase Order Number: 66700-0000020222 Amount Due $86.00
i Payment Amount:



# RECEIVED AUG 8 2013 Air Quality Bureau

State Records Center a11d 

### Arcftives 

## _!'leas:**!'.a~prompt/y** 

## to Vendor Number 0000000729 

## c 011 

### '!' 1 

### l 1

·sio11 

### of Public 

### Recor<l• Form**SRC-2002~3-** Revised September 2006

# New Mexico Commission ofPublic Records Administrative Law Division 1205 Camino Carlos Rey Santa Fe, NM 87507 505-476-7907 

# Affidavit ofPublication in the Ne!!'**M~icl!_** 

# l!egister I, Art Bransford , certify that the agency noted below has published legal notices or rules in the New Mexico Register, and that payment has been assessed by invoice for said legal notice or publication, which appeared on the date and in the volume and issue number noted below. Date ofPublication: 7/31/2013 Agency: Volume: XXIV Issue#: 14 

### Environrnertt Department Contact Gail Cooke 

### Invoice II : NMR-2014- 15 Amount: $86.00 

### Dcscl'lptioo: Notice: 

### 525 camino de 

### Los Marquez 

### #1 Santa Fe, NM 

### 87505-

Notice ofRulemaking Hearing Other Other Mnterial Notice ofState lmplcmenliltion Revision Plan



### State ofNew Mexico, County of Santa Fe 

### Signed and affirmed before me on 

### Thursday, August 01, 2013 by Art

# Bransfor~ 1

# n \ A 

# J

# ~o:~::~::dblic (My

# co~-{~es:~Ss- I

# ~7 Affiant:

## C/L-<-f:.~<-?//'~- _ Publisher, 

### New Mexico

## Re-;;;;;;z;r--~ Date: 8/I/2013 -Gopies of thepublished material documented in this affidavit are enclosed- 

### (seal) Form SRC-2002-04 Revised July 2007 

# (



# 0

# c New Mexico Register I Volume XXIV, Number 14/July 31, 2013 545 

# Other Material Related to Administrative Law NEWMEXJCO ENVIRONMENTAL 

## EMPROVEMENTBOARD
NEW MEXICO ENVIRONMENTAL IMPROVEMENT IJOARD NOTICE OF STATE IMPLEMENTATION PLAN REVISION 1i'le New Me:dco**Enviromn~nlnl** lmprove•ncnt lloard ("Board") will hold a public h•nring on Octob<r 8, 2013 nt 10:00 a.m. at dte Onu11 County Business nnd Conference Ccntcr, Port llnyord Room, 3031 Highway 180 Eost, Silver Cil)l. New Mexico. The purpose of the hcnring is to consider the rnnucr of No. Elfl 13.05(R), proposed cbonges to tbe New Mexico State lmplemcnration Pion ("SIP") n:vision for the Oront CoW'lty, New Mexico sulfur dioxide maintcnnnee urea. The proponent of this n:gulalruy adoption and revision is the New Mexico Environment Dcpnnment ("NM£0"). The purpose of !be public hearing is to consider and toke possible ac:tlon on a petition fiom NMED n:ganling proposed SIP revision to the Grant County Sulfur Dioxide Maintenance SIP. Section 17SA of !he Federal Clean Air Act ("CM") f"''Uircs states 1o develop slate impleincntation plans to provide for !he maintenance oftlteNnlional Ambient Air Qual ily Slandards\NAAQS") for those areas that have violated • standard (refmed to as a nonattalnment oren) nnd for whk:h there is sufficient data to prove that area is now in compUonee with the standard. In Febru&J)' 2003, NMED subm!Ued to the U.S. Environmental Protcc!lon Agency ("EPA") a Redesignation Reque>t and Maintenance Plan for tbe Grant County Z<lhour S02 nona.Uninment area. This submittal 

# w•• subsequently approved by EPA on September 18, 2003. St1tcs are required to revise maintenance SJPs 10 years after the EPA approves nn area's initial moJntenance plnn. Upon adoption by the Bonrd, SIP revision for the Grant County. Now Mexloo sulfur dioxide maintenance area woufd be submitted to EPA for Incorporation into New Mcxico•s SIP. · The NMED wal host an infonna!lonol open house on the proposed SIP revision for the Grant Counl)l, New Mexico sulfur dioxide mninl<n&nc<: area at the NMED Air Quality Bureau Office. 525 Camino de los Marquez. Suite**I~** Santa Fe, New Mexico 87505, from 12:00p.m.-3:00p.m. on September 4. 2013. To attend the informational open house. please contact Gail Cooke at 505-476-4319 or gail.cooke@slate.nm.us. The proposed n:vised plan may be reviewed during regular business bours at tbe NMED Silver City District Field olllce located 81 3082 32nd**SIICL~.** By.Pa.<s Road, Suite D Silver City, New Mexico. full text of NMED's proposed revised regulations are avaUnble on NMEJYs web site at www, nmenv.statc.nm.us. or by <ontacllng Gail Cooke nt**(~0$)** 476-43 !9 or goil.cooke@ stnte.nm.us. The hearing will be conducted in accordance with 20.1.1 NMAC (Rulcmaking Procedures

- EnvironmentAl Improvement Boord), tbe Environment>! Improvement Act, NMSI\ l 978,Seetion 74-1-9, the Air Qualily Control i\ct Section, NMSA 1978,74-2-6, and other applicable procedures. All interested JlC"'RS will he given reasonable opponunity at !he hearing to submit relevant evidence. du1a. views and arguments. orally or in writing. to introduce exhibits, and to examine witnesses. Persons wishing to present technical testimony must flle wilh llto Bourd a written nodce of Intent to do so. The notice ofintentshall: (I) identifY the person for whom the wltness(es) will testify; (2) identify ench technical witness th&l the person inlcnds to present nnd state the qualific-ations of the**wib1cs~** including a description of their cducntfon und work hnckground; (3) include a copy ofthe dii'C<ll lcstimony of each teelmical witness in namtive form; [4) !lstnnd allaeh cnch exhibit anticipated to he offered by U1at persun at !he hcnring; and (5) utlach the tel<! of any recommend<d modifications to !he proposed SIP revision. Notices of intent for the hearing must be received In the Office of the Board nO! Inter !han 5:00 pm on September 18, 2013 and should refcrence the docket number, EIB 13- 0S(R), and the date of the hearing. Noti= of intent to present technieal testimony should be submitted to: Pam Castancd11, Board Administrator Environmcntallmprovcment Board P.O. Box 5469 Santa Fe, NM 8750Z Phone: (505) 827·2425, fax (505) 8:27·0310 Any member of the general public may testify at ihe bearing. No prior notification is required to present non..tcchnical testimony et the hearing. Any such member may also offer exhibits in conne\.·lion with his testimony. so long**tL~** the exhibit is not unduly repetitious of the testimony. Amember of !he genernl public who wl<ltes lo submit a written Sllltement for the ""'<1f'd, in lieu of providing oral testimony at !he heating. sball file the written stotemCilt prior to !he hearing. or >'llbmit it at the hearing. Persons having a disability and needing help in being apart ofthis hearing proc.:ss should contO<I Juan Carlos Borrego of the NMED Humnn Resources Bureau by September 23, 2013 at P.O. Box 26110, 1190 St. francis Drive, Santa Fe, New Mexico, 87502, telephone 505-827-0424 oremeiljunnc•rlos. borregc@slate.nm.us. TOY 

### users please access hfs number via the New Mexico Retoy Network at 1·800·659-8331. Tho Board moy make a decision on !he proposed SIP n:vlsion nt !he concl\lsion of the hearing, or the Board may conV<:ne a meeting at a later date to consider action on the proposal.



### End ofOther Related Material Seetion

# 0



# c From: To: Cc: Subject: Dote:

Hi Gail, Mcctina O;ww Cooke Gall NMBff fWJs Rita NMB'f\1; J.mald$9Q. Gw Region 6 O>mments on 502 limited Maintenance Plan for Grant COOnty Tuesday, My 23, 2013 4:34:03 PM

Thank you for the opportunity to review the revised draft second 10-year maintenance plan for the Grant County maintenance area. Here are EPA's comments on the revised draft SIP.

1. A sentence in the introduction to section II of the draft SIP states that "EPA guidance for limited maintenance plans under CAA Section 175A requires five elements." Because interpretive guidance cannot "require# legal components, we suggest for clarity this language be revised to reflect that Section 17SA of the Act provides the general framework for maintenance plans, and that EPA guidance for these plans under the limited maintenance plan option lists the five core provisions which should be included in a limited maintenance plan.

2. We recommend that the introductory paragraph under section II include a short discussion of EPA's policy on limited maintenance plans and an explanation of how the Grant County maintenance area meets the qualifications to subm,it a second 10-year maintenance plan under the limited maintenance plan option.
3. Section 11.1 contains an S02 emissions Inventory of the Title V sources in Grant County. To provide the public with a more thorough understanding of all 502 point sources, 

### we recommend that the SIP include an S02 emissions inventory for all point sources in the county and that it be specified which of these are contained within the maintenance area.
4. A sentence in Section 11.2 states the following: "As discussed in the next section, the 502 design value for the Grant County maintenance area Is 0.0, which Is well below 85 percent of the NAAQS." We recommend that the sentence be revised to specify that the design value for the 24-hour S02 NAAQS of 0.14 ppm has been 0.0 ppm for each ofthe five most recent years for which certified ambient air quality data Is available for the Grant County monitor. Similarly, we recommend that It be spedfied in Table 2 whether the monitoring data shown are design values or annual maximum 24-hour concentrations from the Grant County monitor. We also recommend that the table specify that the design values shown are in units of ppm.
S. We recommend that a discussion concerning NMED's request for a waiver to shut down the Grant County monitor be added to section II. 3, as it Is this section which discusses the monitoring network requirements for attainment/maintenance areas.
6. Section Ill of the draft SIP includes a request by NMED that EPA grant the state a waiver to shut down the current monitoring station located in Hurley, New**Me~lco,** and discontinue monitoring within the Grant CountyS02 maintenance area. The CAA's maintenance plan requirement for continued maintenance of an area is typically satisfied by the verification of the attainmentstatus of the area through the continued operation of an EPA-approved air quality monitoring network. In the absence 

### of any air monitoring stations in the maintenance area, the maintenance plan should include an alternative method of verifying that the area continues to attain the NAAQS. Given the source-oriented nature of $02, the lack of any large 502 point sources, and the long history of very low actual 502 emissions and monitored 502 concentrations in the Grant County maintenance area, we believe the likelihood of the area violating the standard is extremely low. We also believe any source that models attainment of the 1-hour 502 standard will be well under the 24-hour standard, since the new 1-hour standard Is some 2- 4 times more stringent than the 24-hour standard. Therefore, we agree with NMED's proposed alternative method for verifying continued attainment of the 24-hour S02 standard, which consists of the use of PSD and Title V modeling requirements for the 1- hour 502 standard for new and modified air quality permits and an annual emission review of all major S02 sources located in the Grant County S02 maintenance area to determine if there is a potential violation of the 24-hour S02 standard. However, if post-construction monitoring is conducted as part of the permitting requirements, we believe this data should also be used to determine if there is a potential violation of the 24-hour S02 standard in the Grant County 502 maintenance area. We also agree with NMED's proposed plan to reinstitute a gaseous 

# so 2 monitor at the Hurley, N M monitoring location or at a site expected to read greater S02 levels than that site if, based on the alternative method for verifying continued attainment of the 24- hour $02 standard, there is an indication of a potential violation of the 24-hour 502 NAAQS. EPA believes NMED's request for a waiver that would allow it to discontinue the only existing monitor in the Grant County maintenance area is approvable provided that 1-hour $02 postconstruction monitoring conducted as part of the permitting requirements also be used to determine if there is a potential violation of the 24-hour 502 standard in the Grant County 502 maintenance area.
7. The draft SIP revision cites the "impending revocation of the 24-hour and annual S02 standards" as one of the justifications for shutting down the Grant County monitor. We wish to clarify that in the final 502 rule, EPA explained that it would revoke the prior 24-hour and annual $02 standards within one year of the effective date of designations under the 2010 1- hour 502 NAAQ5. However, in a letter dated February 7, 2013, EPA informed states that at this time it is proceeding with designations for most areas with violating monitors, whlle deferring designations for all remaining areas in the country. At this time, it is anticipated that it may take several years for EPA to gather the data necessary to designate all remaining areas in the country. At this time, EPA has not determined how the deferral of designations under the 1- hour 502 standard for most areas in the country will impact the revocation of the 24-hour and annual 502 NAAQS. Therefore, EPA recommends NMED not cite to the "impending revocation of the 24-hour and annual $02 standards" as one of the justifications for shutting down the Grant County monitor.

We appreciate your work to satisfy the requirement for the second 10-year maintenance plan for the Grant County maintenance area. Please let me know if you have any questions related to our comments or ifyou would like to discuss further. 

# c

C>Thank you, 

### Dayana Medina U.S. Environmental Protection Agency, Region 6 Multimedia Planning and Permitting Division Air Planning Section (6PD-L) 214-665-7241



### From: Bates, Rita, NMENV [mailto:Rita.Bates@state.nm.us] Sent: Tuesday, July 23, 2013 2:28 PM To: Donaldson, Guy; Medina, Dayana Cc: Cooke, Gall, NMENV; Singleton,Kerwin, NMENV 

### Subject: 502 Umlted Maintenance Plan for Grant County
Hello Guy and Dayana,
We have revised our draft S02 Limited Maintenance Plan for Grant County to incorporate an alternative method rather than continuing monitoring for S02 there. Please review the attached, especially section 11.6. 

# Cl We would appreciate any comments ASAP as we are going to hearing on this on October 8 and our public comment period begins on July 31. Please send comments to Gail Cooke.



# c Thank you for your help!
Rita
Rita Bates, Planning Section Chief Air Quality Bureau, New Mexico Environment Department 525 Camino de los Marquez, Suite 1, Santa Fe, New Mexico 87505 Phone (50S) 476-4304 Email rjta bates@state om 11s

# (

l 

### 2 3 

### 4 

### 5 6 7 

### 8 9 

### 10 

# C ,u )12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 

# c**~!** STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD

IN THE MATTER OF THE PROPOSED STATE IMPLEMENTATION MAINTENANCE PLAN FOR THE GRANT COUNTY SULFUR DIOXIDE LIMITED MAINTENANCE PLAN 

### Em 13-0S(R)

WRITTEN TESTIMONY OF GAIL COOKE

Witness Qualifications: 

### Gail Cooke is 

### an Environmental Planner/Analyst in the Control Strategies Section ofthe Air 

### Quality Bureau. She has worked in the 

### Air Quality Bureau since June 1999. Ms. Cooke holds a bachelor degree in 

### Environmental Design from Texas A&M University and a master degree in Urban and Regional Planniog from Virginia Tech. Her resume is attached as Exhibit l.
L INTRODUCTION 

### Madame Chair and 

### Members ofthe Board, I am here to present testimony on the Department's proposed revisions to 

### the New Mexico State Implementation Plan (SIP) for the adoption ofthe Grant 

### County Sulfur Dioxide (S02) 

### Limited Maintenance 

### Plan. From now on, 

### I will refer to this plan as the Grant County Limited Maintenance plwt. A copy ofthe 

### proposed Grant County Limited Maintenance p!Wl is included as Exhibit 3. In 

### 1978, EPA designated 

### Air Quality Control Region 012: Grant County, New 

### Mexico as nonattainment for the 24-hour**8~** 

### National Ambient 

### Air Quality Standards (NAAQS). This designation was based on emissions from one major point source that smelted wtd mined copper ore within the nonattainment area. The nonattainment area 

### included a 3.5 mile radius surrounding the copper smelter source and wty land above 6,470 feet within wt8 mile radius around the smelter.
In 

### February 2003, NMED 

### submitted to EPA a Redesignation Request and Maintenwtce Plan for the Grant County 24-hour S02 nonattainment**~~rea.** 

### This submittal was subsequently approved by EPA on September 18,2003 (68 Fed. Reg. 54,672) (Exhibit 4).
II. BACKGROUND 

### A. Sulfu Dioxide 

### Sulfur dioxide is a colorless gas with a pungent odor that is highly soluble in water. Sulfur dioxide belongs to the family ofgases called sulfur oxides (SO,). These gases are formed when fuel containing sulfur, mostly coal and oil, is burned, and during metal smelting. Sulfur dioxide and nitrogen oxides are the major precursors ofacid rain. The major health concerns associated with exposure to 

### high concentrations ofSOz include effects on breathing, respiratory

COOKE TESTIMONY- PAGE 1 NMEDExh.lO

### I 

## 2 3 4 

### 5 6 7 

### 8 9 

### 10 11 12 13 

### 14 15 16 17 18 19 20 21 

## 22

# ~1 25 26 27 28 29 30 31 32 33 34 35 illness, alterations in pulmonary defenses, and aggravation ofexisting cardiovascular disease. Children. the elderly, and people with asthma, cardiovascular disease, or chronic lung disease (such as bronchitis or emphysema) are most susceptible to adverse health effects aasociated with exposure to**s~.** 

### In 

### 1971, EPA promulgated the 

### :first national ambient air quality standards for**S~.** 

### EPA set a 24-hour primary standard at 140 parts perbillion (ppb), an annual average standard at 30 

### ppb and a 3-hour secondary standard of500 ppb. These standards were not revised until2010, when EPA established 

## a new !-hour standard at 

## a level of75 ppb. At that time, EPA also revoked the 24-hour and annual standards previously set for**S~.** 

### B. 

### Sulfur Dioxide in 

### Grant County, New Mexico 

### There are presently two major point sources ofSO:z in Grant County, the Chino Mine (formally the Hurley Mine) and the Tyrone Mine. 

## The 2011 SO:z aetual emissions for the Chino 

### Mine were 

## zero (0) tons per year (tpy) and for the Tyrone Mine 6.57 tpy. Table I 

### below shows the aetual and permitted S02 emissions for major sources in Grant County for the years 2007- 2011. As the table shows, there are minimal S02 major point source emissions in Grant County. Table 1 S02 Emission Inventory for Grant County Title V Sources
YEAR 

### ACTUAL 

# •• ACTUAL EMISSIONS 

# *** DAILY EMISSIONS EMISSIONS 

## WITH RULE EFFECTIVENESS (TPD OF S02) (TPYOFS02) (TPY 

### OF SO:z) 2007 *4.14 4.97 O.Oll 2008 0.82 0.98 0.002 2009 *4.66 5.59 0.013 2010 *5.70 6.84 0.016 2011 *6.57 7.88 0.018

. 

### . . 

### . . . * ActualUIWI.Otu mclude un..penmtledfoglttve 801 emuswns. '' EPII's d<fou/t ,../e**"..fec~Mmess** of80% """''liance

- appiUd

### wllr• actwl emw/mu data. •u.f'or the $01daily emJ.rslolu calcw/aticn. 36j daysperywroperation war assumed. 

### Table 2 below shows the allowable**S~** 

### emissions for all minor point sources located in Grant County for the years 2007-2011. There are currently four (4) minor point sources located within the Grant County maintenance area 

### with total allowable**s~** 

### emissions of 150.0 tpy for 2011. All ofthe minor point sources located within the Grant 

### County maintenance area are aggregate quarrying, crushing and screening operations that are registered under General 

### Construction Permit (GCP-2} for Quarrying, Crushing, and Screening Facilities that includes default allowable emission limits. Although the GCP-2 allowable 

## SOl emission limit is set 

### at 50.0 

### tpy, the actual**S~** 

### emissions generated from 

### these types ofsources are minimal.

COOKE TESTIMONY- PAGE 2 

# c

()

# c 1 

## 2 3



### 4 

### 5 6 7 

### 8 9 10 

### 11 12 

# c):!

15 16 17 18 

### 19 20 21 

## 22 23



# c 24
25 26 27 28 

## 29 Tabk2 S02 Emission Inventory for Grant County Minor Point Sources YEAR ALLOWABLE *DAILY EMISSIONS EMISSIONS (TPDOF S0)) (TPYOF S0)) 2007 316.30 0.866 2008 316.30 0.866 2009 316.34 0.866 2010 316.34 0.866 2011 316.34 0.866



# m. PROPOSED GRANT COUNTY LIMITED MAINTENANCE PLAN Section 175A ofthe Federal Clean 

### Air Act (CAA) requires states to 

### develop state implementation plans to provide fur the maintenance ofthe NAAQS for those areas that have violated a standard (referred to 

### as a nonattairunent area) and have sufficient data to prove that area is now 

### in compliance with the standard. States are required to 

### revise maintenance SIPs 10 years after the U.S. Environmental Protection Agency (EPA) approves an area's initial maintenance plan.
The proposed Grant County Limited Maintenance plan 

### has been developed to 

### satisfY the 10 year plan revision 

### as required under Section 175A ofthe Federal Clean 

### Air Act. EPA allows nonattairunent and maintenance areas that are at orbelow 85 percent of

### the exceedance level for a NAAQS at the time ofredesignation to submit a less rigorous plan that EPA refers to 

### as a limited maintenance plan 

### (see EPA Gnidance, Exhibit 5). 1 

### The Grant County 24-hour S0) maintenance area currently 

### has no major S0) sources 

### and has monitored negligible levels ofS0) for the past 

### 5 years. Based on the lack ofS(hmajor point sources 

### and emissions within the Grant County maintenance area, New Mexico is choosing to submit a limited maintenance plan for the Grant County maintenance area. The proposed Gant County Limited Maintenance plan includes five elements.
1. 

### Attainment Inventory 

### 2. Maintenance Demonstration 3. Monitoring Network 4. Verification ofContinued Attainment 

### 5. Contingency Plan

1 "Umiled Maintenance Plan Option for Nonclassifmble Ozone Nonattainment Areas," Memo from Sally L. Shaver to EPAregional air directors, Nov. 16, 1994 (NMED Exhibit 5). Inthe absence ofguidance specific to SO,, EPA Region 6 bas direcled New Mexico to follow the Guidance for ozone non-attainment**~~teas.** (Medina, Dayana. "EPA Guidance on Limited Maintenance Plan Option." Message to Rita Bates. 3 March 2012. Email)

COOKE TESTIMONY- PAGE 3

### 1 The proposed Umited Maintenance Plan revision does not impose any new regulatory (- 2 requirements. The Division is requesting that EPA approve the removal ofthe current SO:z , 3 ambient 

### air quality monitor that is located in Hurley, New Mexico, and the use instead ofan 4 alternative SO:z monitoring methodology. The alternative methodology would use the existing 5 

### requirements under 

### 20.2.74 NMAC- Permits- Prevent of Significant Deterioration 

### (Exlnbit 6) 6 and 

### 20.2.70 NMAC

- Operating 

### Permits 

### (Exhibit 7) 

### for modeling and post construction 7 monitoring for new and modified 

### air quality permits and an annual emission review ofall major 8 SO:z source located in the Grant County SO:z maintenance area to evaluate SO:z emissions. In

### the 9 event that the alternative methodology does indicate 

### there is a significant increase in SO:z 10 emissions that may cause a potential SO:z NAAQS violation, the Division would relocate the SO:z 11 monitor in Hurley for one 

### year. Ifafter one year, the 

### S0 1 

### monitored values are at or under 50% 12 

### ofthe current NAAQS for S02, then the SO:zmonitor would again be removed aod the alternative 13 SO:z monitoring methodology reinstated. 14 Due to the lack ofmajor SO:zpoint sources within 

### the Grant County maintenance area, 15 the limited number ofSO:z point sources within the area surrounding the maintenance area, and 16 the negligible concentrations of

### S01 as shown bymonitoring, the Division does not deem it 

### 17 necessary to continue ambient air quality monitoring to verify continued maintenance ofthe 

### 24· 18 hour and annual SO:z 

### standards. The use ofthe alternative methodology would reduce the 19 resource burden on the State associated with the operation ofa monitor and monitoring site aod 

### 20 allow the monitor to potentially be utilized at another location ifneeded.
21 22 23 

### 24 25 26 

### 27 

## 28 

## 29 30 

### 31 32 33 

## 34 35 36 IV. OUTREACH 

# ( \

# .· Outreach was conducted for the proposed Grant County Umited Maintenance plan in the form ofpublic notices (Exhibit 8) and an open house. The Department only received comments from EPA (Exhibit 9). The Department had no attendance at the open house. The Department does not foresee that the proposed SIP will have an adverse impact on the citizens orbusinesses ofNew Mexico. As stated above, no additional regulations or requirements are being proposed with the proposed Grant County Limited Maintenance plan. V. CONCLUSION This concludes my testimony to the Board on our proposed Grant 

### County Limited Maintenance plan. I respectfully request that the Board adopt this proposed SIP at the conclusion ofthis hearing. A proposed statement ofreasons for adoption and order is attached as Exhibit 10.

COOKE TESTIMONY- PAGE 4 

# (

# (



# ()



# c STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD
IN THE MATTER OF PROPOSED REVISIONS TO THE STATE IMPLEMENTATION PLAN FOR THE GRANT COUNTY SULFUR DIOXIDE LIMITED MAINTENANCE PLAN

NMED'S PROPOSED ORDER AND STATEMENT OF REASONS No. 

## Em 13-0S(R)



### 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 New Mexico's State Implementation Plan ("SIP") for the Grant County Sulfur Dioxide Limited Maintenance Plan. The Board heard testimony from the Department and admitted exhibits into the record. On 

### October 8, 2013 the Board deliberated and voted to adopt the proposed repeal for the reasons that follow:
STATEMENT OF REASONS


### 1. 

### In 

### 1978, the U.S. Environmental Protection Agency ("EPA") designated certain portions of Grant County, New Mexico as being in non-attainment with the national ambient air 

### quality standards (''NAAQS'') for sulfur dioxide (SOz). The nonattainment status was caused by emissions from a copper smelter located in 

### Hurley, New Mexico. 2. For each state that requests re-designation of an area from non-attainment to attainment of a NAAQS, the federal Clean 

### Air Act ("CAA") at Section 175A (42 U.S.C. § 

### 7504a) requires the state to adopt and submit to 

### EPA a SIP providing for the maintenance of relevant NAAQS for the next 10 years. The SIP must be subsequently revised and submitted to EPA for another 1 0 year period.

EIB No. 13-05 Proposed Statement ofReasons and Order Page 1 of3 NMEDExh.11

### 3. In February 2003, New Mexico submitted are-designation request and maintenance plan
for Grant County, which EPA approved in September 2003. The re-designation was based on the absence of any exceedences of the**S~** 

### NAAQS in Grant County since
1975. The maintenance plan entailed continued control of**S~** 

### emissions from the Hurley Smelter through permit conditions, as well as monitoring provisions, a contingency plan, and other elements.
4. 

### In 2006, the Hurley Smelter was dismantled and its smoke stacks were removed. 

### 5. The currently approved maintenance plan for Grant County expires in 2015. Submission
of a revised maintenance plan in 2013 will ensure that EPA has 

### up to 18 months to review the revised plan, as allowed by CAA 

### § II0 (k).
6. The proposed SIP revisions meet EPA requirements for a "limited" maintenance plan applicable in areas with ambient concentrations of less than 85% ofthe NAAQS at issue. (Ambient levels ofS(h in Grant County are zero according to the past 

### 5 years of monitoring).
7. The proposed SIP revisions will ensure the maintenance of the S02 NAAQS in Grant County for the I0-year life of the maintenance plan, in accordance with NMSA 1978 

### §
74-2-5.C (requiring the Board to adopt regulations to achieve compliance with the NAAQS).
8. The proposal to discontinue S02 

### monitoring within the Grant County maintenance area, while providing contingency to measures to resume monitoring if necessary, will

conserve state resources and is in the public interest. 9. Pursuant to 20.1.300.A NMAC, any person may petition the Board for amendment of regulations within thejurisdiction ofthe Board.

E1B No. 13-05 Proposed Statement ofReasons and Order Page 2 of3 NMEDExh.II 

# c

C ,',\

I /

('\

### ~)

# (



# c• /



# c 10. 

### On June 24, 2013 NMED filed a petition with the Board for a public bearing on proposed SIP revisions to adopt a revised 1 

### 0-year maintenance plan fur Grant County. 11. 

### On July IS, 2013, at a meeting conducted 

### in compliance with the 

### Open Meetings Act and
other applicable n:quirements, the Board granted the Department's request for a bearing. 12. 

### On July 31, 2013, Notice ofHearing was published in the Silver City Daily Press (in English and Spanish), and in the New Mexico Register.
13. NMED filed a Notice ofIntent to Present Technical Testimony (NOI) on September 18, 2013, 

### in accordance with 20.1.1.302 NMAC. 14. A hearing was held in 

### this matter on October 8, 2013 

### in Silver City, New Mexico.
IS. The Board has the authority to 

### approve these proposed amendments pursuant to 

### NMSA 1978 § 74-2-S.C. 16

. The proposed amendments satisfy the statutory requirements of the Air Quality Control Act, NMSA 1978, Section 74-2-S.E.
17. The notice and bearing requirements ofNMSA 1978 Section 74-2-6 and 20.1.1 NMAC

were satisfied 

### in 

### this rulemaking process. 18. The proposed amendments 

### are adopted for any or all ofthe reasons stated above. ORDER By majority vote ofa 

### quorum ofthe Board members, the proposed Grant County Sulfur Dioxide Limited Maintenance Plan was approved by the Board on October 

### 8, 2013. The plan is hereby adopted as 

### revisions to 

### New Mexico's State Implementation Plan. 

### The Department shall 

### submit the revisions as expeditiously as possible to the U.S. EPA for approval.

On 

### Behalfofthe Board

Em No. 13-0S Proposed Statement ofReasons and Order Page3 of3 Dated:

________________ __

NMEDExh.ll

### STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD
IN THE MATTER OF REVISIONS TO THE STATE IMPLEMENTATION PLAN FOR THE GRANT COUNTY SULFUR DIOXIDE LIMITED MAINTENANCE PLAN

ORDER AND STATEMENT OF REASONS No. EIB 13-0S(R)



### 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 New Mexico's State Implementation Plan ("SIP") for the Grant County Sulfur Dioxide Limited Maintenance Plan. The Board heard testimony from the Department and admitted exhibits into the record. On October 8, 2013 the Board deliberated and voted to adopt the proposed Grant County Sulfur Dioxide (S02 ) Limited Maintenance Plan for the

reasons that follow:
STATEMENT OF REASONS

1. 

### In 1978, the U.S. Environmental Protection Agency ("EPA") designated certain portions
of Grant County, New Mexico as being in non-attainment with the national ambient air quality standards ("NAAQS") for sulfur dioxide (S02). The nonattainment status was caused by emissions from a copper smelter located in Hurley, New Mexico ("Hurley Smelter").
2. For each state that requests re-designation of an area from non-attainment to attainment
of a NAAQS, the federal Clean Air Act ("CAA") at Section 175A (42 U.S.C. 

### § 7504a) requires the state to adopt and submit to EPA a SIP providing for the maintenance of

EIB No. 13-05 Statement ofReasons and Order Page 1 of4

### relevant NAAQS for the next 10 years. The SIP must be subsequently revised and submitted to EPA for another 10 year period. 3. In February 2003, New Mexico submitted are-designation request and maintenance plan for Grant County, which EPA approved in September 2003. The re-designation was based on the absence of any exceedences of the S02 NAAQS in Grant County since 1975. The maintenance plan entailed continued control of S02 emissions from the Hurley Smelter through permit conditions, as well as monitoring provisions, a contingency plan, and other elements. 4. In 2006, the Hurley Smelter was dismantled and its smoke stacks were removed. 5. The currently approved maintenance plan for Grant County expires in 2015. Submission of a revised maintenance plan in 2013 will ensure that EPA has up to 18 months to review the revised plan, as allowed by CAA § 

### 110 (k).
6. The proposed SIP revisions meet EPA requirements for a "limited" maintenance plan applicable in areas with ambient concentrations ofless than 85% ofthe NAAQS at issue. (Ambient levels of S02 in Grant County are zero according to the past 5 years of monitoring).
7. The proposed SIP revisions will ensure the maintenance of the S02 NAAQS in Grant County for the 1 0-year life of the maintenance plan, in accordance with NMSA 1978 § 

### 74-2-5.C (requiring the Board to adopt regulations to achieve compliance with the NAAQS). 8. The proposal to discontinue S02monitoring within the Grant County maintenance area, while providing contingency to measures to resume monitoring if necessary, will

conserve state resources and is in the public interest.

EIB No. 13-05 Statement ofReasons and Order Page 2 of4

### 9. Pursuant to 20.1.300.A NMAC, any person may petition the Board for amendment of regulations within thejurisdiction ofthe Board.
10. On June 24, 2013 NMED filed a petition with the Board for a public hearing on proposed SIP revisions to adopt a revised 10-year limited S02 maintenance plan for
Grant County.
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. OnAugust 2, 2013, Notice ofHearing was published in the Silver City Daily Press (in English and Spanish), and in the New Mexico Register on July 31, 2013.
13. NMED filed a Notice oflntent to Present Technical Testimony (NOI) on September 18, 2013, in accordance with 20.1.1.302 NMAC.
14. A hearing was held in this matter on October 8, 2013 in Silver City, New Mexico.
15. The Board has the authority to approve these proposed amendments pursuant to NMSA
1978 § 74-2-5.C.
16. The proposed amendments satisfy the statutory requirements ofthe Air Quality Control Act, NMSA 1978, Section 74-2-5.E, namely the Board has given weight it deems appropriate to all facts and circumstances, including but not limited to: (1) character and degree ofinjury to or interference with health, welfare, visibility and property; (2) the public interest, including the social and economic value ofthe sources and subjects of air contaminants; and

EIB No. 13-05 Statement ofReasons and Order Page 3 of4

# .•

/



### (3) technical practicability and economic reasonableness ofreducing or eliminating air
contaminants from the sources involved and previous experience with equipment and
methods available to control the air contaminants involved.
17. The notice and hearing requirements ofNMSA 1978 Section 74-2-6 and 20.1.1 NMAC

were satisfied in this rulemaking process. 18. The proposed amendments are adopted for any or all ofthe reasons stated above. ORDER 

### By unanimous vote ofa quorum ofthe Board members, the proposed Grant County Sulfur Dioxide Limited Maintenance Plan was approved by the Board on October 8, 2013. The plan is hereby adopted as revisions to New Mexico's State Implementation Plan. The

e evisions as expeditiously as possible to the U.S

Deborah A. Peacock, hmr On Behalfofthe Board

EIB No. 13-05 Statement ofReasons and Order Page 4 of4NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD NOTICE OF STATE IMPLEMENTATION PLAN REVISION The New Mexico Environmental Improvement Board ("Board") will hold a public hearing on October 8, 2013 at 10:00 a.m. at the Grant County Business and Conference Center, Fort Bayard Room, 3031 Highway 180 East, Silver City, New Mexico. The purpose of the hearing is to consider the matter of No. EIB 13-05(R), proposed changes to the New Mexico State Implementation Plan ("SIP") revision for the Grant County, New Mexico sulfur dioxide maintenance area. The proponent of this regulatory adoption and revision is the New Mexico Environment Department ("NMED"). The purpose of the public hearing is to consider and take possible action on a petition from NMED regarding proposed SIP revision to the Grant County Sulfur Dioxide Maintenance SIP. Section 175A of the Federal Clean Air Act ("CAA") requires states to develop state implementation plans to provide for the maintenance of the National Ambient Air Quality Standards ("NAAQS") for those areas that have violated a standard (referred to as a nonattainment area) and for which there is sufficient data to prove that area is now in compliance with the standard. In February2003, NMED submitted to the U.S. Environmental Protection Agency ("EPA") a Redesignation Request and Maintenance Plan for the Grant County 24-hour SO2nonattainment area. This submittal was subsequently approved by EPA on September 18, 2003



### . States are required to revise maintenance SIPs 10 years after the EPA approves an area’s initial maintenance plan. Upon adoption by the Board, SIP revision for the Grant County, New Mexico sulfur dioxide maintenance area would be submitted to EPA for incorporation into New Mexico’s SIP. The NMED will host an informational open house on the proposed SIP revision for the Grant County, New Mexico sulfur dioxide maintenance area at the NMED Air Quality Bureau Office, 525 Camino de los Marquez, Suite 1, Santa Fe, New Mexico 87505, from 12:00p.m.-3:00p.m. on September 4, 2013. To attend the informational open house, please contact Gail Cooke at 505-476-4319 or gail.cooke@state.nm.us. The proposed revised plan may be reviewed during regular business hours at the NMED Silver City District Field office located at 3082 32ndStreet, By-Pass Road, Suite D, Silver City, New Mexico. Full text of NMED's proposed revised regulations are available on NMED’s web site at www.nmenv.state.nm.us, or by contacting Gail Cooke at (505) 476-4319 or gail.cooke@state.nm.us. The hearing will be conducted in accordance with 20.1.1 NMAC (Rulemaking Procedures – Environmental Improvement Board), the Environmental Improvement Act, NMSA 1978,Section 74-1-9, the Air Quality Control Act Section, NMSA 1978,74-2-6, and other applicable procedures. All interested persons will be given reasonable opportunity at the hearing to submit relevant evidence, data, views and arguments, orally or in writing, to introduce exhibits, and to examine witnesses. Persons wishing to present technical testimony must file withthe Board a written notice of intent to do so. The notice of intent shall: (1) identify the person for whom the witness(es) will testify; (2) identify each technical witness that the person intends to present and state the qualifications of the witness, including a description of their education and work background; (3) include a copy of the direct testimony of each technicalwitness in narrative form; (4) list and attach each exhibit anticipated to be offered by that person at the hearing; and (5) attach the text of any recommended modifications to the proposed SIP revision. Notices of intent for the hearing must be received in the Office of the Board not later than 5:00 pm on September 18, 2013 and should reference the docket number, EIB 13-05(R), and the date of the hearing. Notices of intent to present technical testimony should be submitted to:Pam Castaneda, Board Administrator Environmental Improvement Board P.O. Box 5469 Santa Fe, NM 87502 Phone: (505) 827-2425, Fax (505) 827-0310 Any member of the general public may testify at the hearing. No prior notification is required to present non-technical testimony at the hearing. Any such member may also offer exhibits in connection with his testimony, so long as the exhibit is not unduly repetitious of the testimony. A member of the general public who wishes to submit a written statement for the record, in lieu of providing oral testimony at the hearing, shall file the written statement prior to the hearing, or submit it at the hearing. Persons having a disability and needing help in being a part of this hearing process should contact Juan Carlos Borrego of the NMED Human Resources Bureau by September 23, 2013 at P.O. Box 26110, 1190 St. Francis Drive, Santa Fe, New Mexico, 87502, telephone 505-827-0424 or email juancarlos.borrego@state.nm.us. TDY users please access his number via the New Mexico Relay Network at 1-800-659-8331. The Board may make a decision on the proposed SIP revision at the conclusion of the hearing, or the Board may convene a meeting at a later date to consider action on the proposal.DIRECCIÓN DE MEJORAS MEDIOAMBIENTALES DE NUEVO MÉXICO AVISO DE IMPLEMENTACION DE PLAN DE REVISIÓN DEL ESTADO La Dirección de Mejoras Medioambientales de Nuevo México (“Dirección”) tendrá una audiencia pública el 8 de octubre del 2013, a las 10:00 a. m., en el Centro de Conferencias y Negocios del Condado Grant, sala Fort Bayard, 3031 Highway 180 East, Silver City, Nuevo México. El propósito de la audiencia es considerar el asunto de la EIB 13-05(R), propuestos cambios al Plan de Implementación del Estado de Nuevo México (SIP, por sus siglas en inglés), revisión del área de mantenimiento del dióxido de azufre para el Condado Grant, Nuevo México. El Departamento del Medio Ambiente de Nuevo México("NMED", por sus siglas en inglés) es el que propone esta revisión y adopción normativa. El propósito de esta audiencia pública es considerar y tomar una posible acción sobre una petición del NMED con relación a la propuesta revisión al SIP del Mantenimiento del Dióxido de Azufre del Condado Grant. La Sección 175A de la Ley Federal del Aire Limpio (CAA, por sus siglas en inglés) requiere que los estados elaboren planes de implementación estatales para sufragar el mantenimiento de los Estándares Nacionales de la Calidad del Aire Ambiental (NAAQS, por sus siglas en inglés) para aquellas áreas que han violado un estándar (a las cuales se refiere como un área de no consecución) y tienen suficiente información para probar que esa área está ahora en cumplimiento del estándar. En febrero del 2003, el NMED presentó a la Agencia de Protección Ambiental de Estados Unidos (EPA, por sus siglas en inglés) una Petición de Redesignación y Plan de Mantenimiento del área de no consecución SO2de 24 horas para el Condado Grant, la cual aprobó la EPA el 18 de septiembre del 2003. Se requiere que los estados revisen el mantenimiento de los SIPs 10 años después de que la EPA aprueba el plan inicial de mantenimiento de un área. En cuanto la Dirección adopte la revisión del SIP para el área de mantenimiento del dióxido de azufre para el Condado Grant, Nuevo México, se presentaría a la EPA para incorporaciónal SIP de Nuevo México. El NMED celebrará una reunión informativa sobre las propuestas modificaciones del SIP del área de mantenimiento del dióxido de azufre para el Condado Grant, Nuevo México, en sus oficinas del Air Quality Bureau, 525 Camino de los Marquez, Suite 1, Santa Fe, Nuevo México 87505, el 4 de septiembre del 2013, de las 12:00 p.m. a las 3:00 p.m. Para asistir a esta reunión, por favor comuníquese con Gail Cooke, en el 505-476-4319 o en gail.cooke@state.nm.us

. El propuesto plan modificado se puede revisar durante horas hábiles en la oficina de Campo del NMED del Distrito de Silver City, situado en 3082 32nd Street, By-Pass Road, Suite D, Silver City, Nuevo México. El texto completo de las propuestas normas modificadas del NMED está disponible en el sitio electrónico: www.nmenv.state.nm.us, o comunicándose con Gail Cooke en el (505) 476-4319 o gail.cooke@state.nm.us

. La audiencia se realizará de conformidad con 20.1.1 NMAC (Procedimientos de Reglamentación – Consejo para la Mejora del Medio Ambiente), la Ley de Me jora del Medio Ambiente, Sección 74-1-9 NMSA 1978, la Ley de Control de Calidad del Aire, Sección, 74-2-6 NMSA 1978, y otros procedimientos aplicables. Todas las personas interesadas tendrán oportunidad razonable en la audiencia de presentar pruebas, datos, opiniones y argumentos importantes, ya sea en forma verbal o por escrito, así como de presentar anexos e interrogar testigos. Las personas que deseen entregar testimonios técnicos deben presentar ante el Consejo una notificación por escrito de su intención. La notificación de intención deberá: (1) identificar a la persona para quientestificará(n) el(los) testigo(s); (2) identificar a cada uno de los testigos técnicos que las personas desean presentar y declarar las cualificaciones de los mismos, incluyendo una descripción de sus antecedentes de educación y trabajo; (3) resumir o incluir una copia del testimonio directo de cada testigo técnico y declarar la duración prevista del testimonio de ese testigo; (4) enumerar y describir, o adjuntar, cada uno de los anexos que dicha persona prevé ofrecer en la audiencia; y(5) adjuntar el texto de cualquier modificación recomendada a las regulaciones propuestas nuevas y revisadas. Las notificaciones de intención para la audiencia deben ser recibidas en la Oficina del Consejo a más tardar a las 5:00 p.m., el 18 de septiembre de 2013, y hacer referencia al número de expediente, EIB 13-05(R), y la fecha de la audiencia. Las notificaciones de intención para presentar testimonios técnicos se deben entregar a: Pam Castaneda, Administradora de la Junta Oficina de la Junta de Mejoramiento Ambiental Harold Runnels Building P.O. Box 5469 Santa Fe, NM 87502 Teléfono: (505) 827-2425, Fax (505) 827-0310 Cualquier miembro del público en general puede testificar en la audiencia. No se requiere notificación previa para presentar testimonios no técnicos en la audiencia. Los miembros del público también pueden ofrecer anexos en relación con su testimonio, en tanto no sean repeticiones excesivas de su testimonio. Los miembros del público en general que deseen presentar una declaración por escrito para el registro, en vez de ofrecer testimonio verbal enla audiencia, presentarán la declaración por escrito antes de la audiencia, o la presentarán en la misma. Las personas con discapacidades y que necesiten ayuda para participar en esta audiencia deben comunicarse con Juan Carlos Borrego, del NMED Human Resources Bureau a más tardar el 23 de septiembre del 2013, por correo: P.O. Box 5469, 1190 St. Francis Drive, Santa Fe, Nuevo México, 87502- 5469; teléfono: 505-827-0424; o correo electrónico: juancarlos.borrego@state.nm.us. Los usuarios de TDY pueden acceder a su número por el New Mexico Relay Network en el 1-800-659-8331. El Consejo puede tomar la decisión sobre las regulaciones propuestas revisadas a la conclusión de la audiencia, o bien acordar una reunión para una fecha posterior a fin de considerar las acciones sobre la propuesta.

# Silver City Daily 

# Press and lndependen t 3 l 30A H'"''Y· 180 E. Pos t O ffice B ox 740 

## Silver C i ty, 

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# Legal**OJ~ECCICN** DE: MEJORAS MEOIOAMBIENTALES OE NUEVO MExiCO AVISO DE IMPLEMENTACION Ol PLAN DE REVISION DEL ESTAOO La QI(6CCI6n de MeJO(as MedloanJblentales de Nuevo**M~Xlco** (•Otrecct6nl**l~ndril** una audleriCla publ1ca el 8 de octubre de120t3, a las 10:00 a.m., en el COntro de Conferencias y N&- !)OCios del Conthdo Grant, sala F=ort Bayard, 3031 Highway 180 East, Silver City, Nuevo Mexloo. El prol)6sito de Ia auchencia es oons1derar el asunto de Ia EIB 13-0S(R) propuestos camblos al Plan 

## de lmplementacl6n del Estado cle Nuevo Mexico (SIP, por sus siglas en Ingles), revi· si6n del Area de mantenlmlento del di6•ido de azufre para el Condado Grant, Nuevo Mexico El Departamento del Medro Amb1ente de Nuevo**M~xioo** ("NMEO", por sus stglas en In· ales) es el que propone esta reVISiOn y adopci6n normatlva. El prop6slto de esta audlencta p6bltca es oonSiderar y tomar una poslble acQ6n sobfe una pellet6n del NMED oon r elaciOn ala ptopuesta revtsi6n alSIP del Manten1mlento del Dfuido de Azulre del Condado Grant La Seccl6n 175A de Ia Lny Federal Clef Asre Ltmpto (CM, por sus slglas en ingles) requiere que los estados elaboren planes de Jmplementaci6n estatales para sutragar ef mantentmiento de los Estandares Naclonales de Ia Cahdad del Alre Amblental (NMOS, por s4s siglas en In· glea) para aqueUas areas que f1an vtoledo un estandar (a Ills cuales se**refie ~e**  

### como un area de no conseoucl6n) y llenen suftelente informaci6n para pro- bar que esa flrea esta ahora en cumpUmiento del est!ndar En febrero del 2003, el NMEO Jl(esent6 a Ia Agencia de Pro· toocl6n Ambiental de Estados Untdos (EPA, por sus siglas en lngl6s) una Pe1Jci6n de Redestg

- nacsOn y Plan de Mantenimien

- to del cirea de no oonsecoci6n SOr de 24 horas para el Conda· do Grant, Ia oual aprob6 Ia EPA et 18 de septlembre del 2003. Se requtere que los estados revlsefl el mantenlmlento de los SIPs tO a1'ios**~s** de que Ia EPAaprueba e1 plan lniclal de mantenimlento de un 

### area. En cuanlo Ia Dltecci6n adopte Ia r8V'I816n del SI P para el area de mantOOi miento del di6xido de azufre para el Condado Grant,**Nue~** M&xlco, se ptesefltarfs n Ia EPA para lncorporac!On •I SIP de Nuevo M6xloo

. El NMEO celebrarA una re· unl6n lnf ormativa sobre las propuestas modrflcaciones del SIP del Area de manteru· mlento del dl6xido de azutre para el Condado Grant, Nuevo Mexico, en sus ofleinas del Air Ooalrty Bureau, 525 Camtno de los Marquez, Suite 1, Santa Fe, Nuevo Mexico 87505, el 4 de septiembre del 2013 de faa 12:00 p.m. a las 3:00p.m Pare asistlr a esta**r~unl6n,** por favor comunfquese con Gall cooke en el 505-476·4319 o en 

### gail**aooke~staw.u:n.ua .**  El propuesto plan**ml)dlflc.~**.. se puede revlsar dural')le horas Mblles en Ia ollolna de Campo del NMED del Olstrlto de Sil ver City, sltuado en 3082 3?nd Street. By-Pass j;load, Swte 

### Df Silver City, Nuevo Mexico E lelrto oompleto de las P'O puestas nonnas modlnc8das del NMEO 

## esta disponible en elalho electr6nlco: www.runenv stale om u&. o oomuntc:Af11.1<1 se oon Gall Cooke en el (505) 47&-43190**~** n!Il.Ua.

. La audlencfa se reallzarA d£' conformidad oon 20.1 1 NMAC (Procedimlentos de Reglamen**~IM** - Consejo para fa Mn1 o ra del Med lo Ambients) Ia Lev de MoJOre del M!Kllo Amll48frte Seccl6n 74+9 NMSA 1978, Ia Ley de Control de Calldad del Alre, Seccl6n, 74·2-Q NMSA 1978, y o.tros prooedlmrentos , apllcabJes Todas las personaslnteresa(las tendran oportunldad razonable en Ia audlencia de present.ar pruebas. datos, oplnlooos y ar gumentos lmportantes, ya sea en rorma vert>ol o por escnto, asl 

### como de presenter anexos e fnterrogar test.lgos. Las**~r** sonas que deseen entrogar testimonros tecnloos detJen Pfesentar antE! el COnsejo una notilicacl6n por escrlto de su intenciOn. La notificaci6n de 

### •ntencl6n deberA: (1) idenb11car a Ia p8f6008 para quien testiflcara(n) el(los) testiQo(a); (2) i<letitfficar a cada uno de los testigos t6cnioos que las per· sonas desean _presenter y d&- clarar las**cuali~caciones** de los mismos lncl uyendo una 11escripo6n de sus antecedentes de educacs6n y trabajo , (3) resumlr o lnclulr una copla del testlmonro dlrecto de cada testlgo t6cnk:o y declarer Ia do· raci6n Pf8VIsta del testimonio de ese testlgo ; (4) enumentr y desoriblr, o ad· juntar, cada uno de los anexos que dk:ha persona preve ofre-

# Si

# I ver 

# City Daily Press and Independent 3 130A Hwy . 180 E. Post Office Box 740 Sil ver 

## City, New Mexico 

## 88062 (575)**388~** 

### 1576 INVOICE FOR PUBLICATION O F LEGAL NOTICE New Mexi co Ai r 

### Quality Burea u 

### PO Box 261 10 Santa Fe, 

### NM875 02

Date Description 

### 7/J 1 / 13 State Impl emen tation Plan Revision PO # Inches Lines1 

## 0000020209 22.75 159.25 Total (iq 

### .63 =$ 100. 33 @

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### ensure propt •t

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### $7.40
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### $ 1 07 ,J:, 

# Affidavit of Publication
STATE OF NEW M EX I CO

.

# J

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# or Gran t Christ ina 

### Ely, being rirst 

### duly swo rn . o n hrr oath 

### says : That :-, he**i~** tb e pub l i sher of th e Silve r 

### C it y Dai ly Press and l ll dcpcn dcnt.**~~** news paper printed a nd publi sh ed in th e Town nf Silve r C ity
. in th e County of Grant 

### and the Stale 

# or New M exico. and that 

### said news paper is now,and**~** 

### at all tim es he rein me11tion cd , 

### n newspape r of ge nera l c irculation.**Th<~tlhe** 

### adv cni sem ent

. <..:opy of 

### which i s hereto anac hcd, was publi H hc d in said 

### hereinbefore Jll e nti o ncd news paper once e;tch and eve ry w ee k ror I co nscc ulivc week (s). the l'irsl 

### publi<.:nr ion I h e reof hav ing been ntade o n 7 /J I

### /IJ a11d Lbe last 

### pub li cation t hereof havin g been 

### made on . That sa id 

### news paper was regularly 

### prinl eu, pub li shed 

### nnJ issu ed with S<

. tiJ noti ce herein upo n the fo ll owin g 

### date:-,, to wi t :
7 /31 / IJ



### Subst:ribed and sworn Lobe 

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# Leg al
NEW MEXICO ENVIRONMEN TAL IMPROVEMENT BOARD NOTICE OF STATE IMPLEMENTATION PLAN REVISION Thn New Mexioo Environmenial Improvement Board ("Boan:l") will hOk.l a publiC t'loanng on October 8 , 2013 at 10 00 am at the Grant County**Bu~o1ness** and ConferM<:e Center, For1 Bayard Room , 3031 Htghway 180 East, Silver City, New Mexico The purpose of ltte llearlng Is to oonakler the maner of No

. EIB 13-G5(R), proposed changes to the 

### New Mttxico State lmplementatJon Plan ("SIP1 revision lor the**Gr~tnt** County, New Mexico Slll• fur dioxide maintenance area The proponent of lhls regulatory adoption and revision Is the New**Me~ico** Environment Oepartment {'NMED") ,

TI1e purpose of the pvbflc llearlng Is to consider and take posslble action on a p&- tltlon trom NMED regarding j:lroposed SIP reVISIOn to the Grant County Sulfur Dioxide Maintenance SIP SectiOn t75A of the Federal Clean Air Act ("CAA")req uires statesto develop 5tate lmplementallon plans to provide lor the maintenance of tne National Ambtent Air Quality Standards ("NAAQS") for those areas that have VIOlated a S1andard (referred to as a nonattalnment area) and for whiCh there Is sufficient data to p10ve that area IS now ln comphtlnce with the standard

. In february 2003, NMED submit· ted to the U.S. Enwonmental Protection Agency (•EPA") a Redeslgnation Request and Maintenance Plan for the Grant County 24--hour 

## so, nonattatn· ment 11rea. Thrs submittal was 3Ubsequently approved by EPA on September 18, 2003. States are required to revise mainte· nanne SIPs 10 years after the EPA approves an area's lnitlar maintenance plan , Upon adop· lion by the Board , SIP revlslon tor ltle Grant County, New Mexico sulfur dioxide malnte· 

### nance area would be submitted to EPA for Incorporation Into New Mexico's SIP

The NMED will host an In · formational open house on tile proposed SIP revision for the Grant County, New Mexico sulfur dioxide maintenance area at the NMED Air Quality Bu1•11u Office , 525 Camino de los Marquez, Suite 1 , Santa Fe, New Mexico 87505, from 1 2:00p

. m.-3:00p m on September 4, 2013 To attend the informational open house, please contact Gall Cooke at 50f;·•78-43 19 or gall.cooke® state.nm

.us
. The proposed revised plan may be reviewed during regularbual· nesa hours at the NMED Sltver City District Field oklee located at 3082 32"" Street, By-Pass Road, SvHe 0, Silver City, New Mexico. Full text of NMEO's proposed revised regulations are available on NMED'a web site atwww
.nmenv
. &tate.nm.ua. Or t!)' eontactin9 Gall Cooke at {50!1)**476-431~** Of gall .c:ooke® state

.nm
. us. The hearing Will be condUOii'd rn accordance wtth 20 .1. 1 NMAC (Rulemaklng PrOQt.·· dures

- Environmental lm provement Board), the Environmental Improvement Ac., NMSA 1978, Section 74·1·9. tile Air Quality Control Act Section, NMSA 1978,74-2·6, ond other applicable procedures All Interested persons will be given reasonable opportunitY at the hearing to submat rele-- vant evidence , data, views and arguments, orally or In wntlng, to introduce exhibits, and fo examine witnesses Pf'rsons wishing to present technical testimony must file With the Board a written notice 

### or lntont to do so
. The notice of •nteOI shall : (1) Identify the person forwhom the wltness(es) will testily; (2) Identify each technical Wll ness that the person intends to present and state the quahfjco. lions of lhe witness, including a description of their ed ucation and work background ; (3) Include a copy of tho direct testimony of each techmeal w11 ness In narrative lorm: (4) list and attach each exhiDit antiCipated to be offered by thrll person at the heanng, and (5) attach the text of any tet.· omrnended mOdification :. to the proposed SJP reviSIOn

. Notices 

### or intent torthe heanng must be received 1n**lh~** OffiCe of the Board not laterthan 5.00 pmonSeptember 18, 2013and should reference the dockttl number, EfB t3-o5(A) , and the date 

### or**th~** hearing

. Notices of Intent to present technical te!"oL• mony should**~** submitted**t<:~** Pam Castaneda, Board Adm1!11strator**Envlronmentallmprovem~tru** Board p 0

. Bole 5469 Santa Fa, NM 87502 Phone : (505) 827-2425, Fax (505) 827.0310 Any member of the gonertll public may testlfy at the he;u lng

. No prior notification Is re· qufred to present non·teehn leel testimony at the hearing Any such member may also offer exhibits In connecuon with h1s testimony, so long as the ex· hibit Is not unduly repetltJOus ot the testimony

. A member of the general publiC who wishes to submit a written statement fOl' the record, In lieu of providing Ofal testimony at the hearing , shall tile the writ· ten statement prior to the hearIng, or submit rt at the hearing

. Pet'80ns having a disability and needing help ln being a part of ltlls hearing prooess sl'lould conlaet Juan Carlos Borrego of the NMED Human Resources Bureau by September 23, 2013 a

t P

.O. Box 261 1 0, 1190 Sl Franc:l:!l Orrve, Santa Fe,**Nt;~w** Mexico, 87502, telephone 505· 827-0424 or email juancar1os

. borreqo@state

.nm
.us. TOY u&o

# Invoice

Invoice Number: NMR-2014- 15 

### Date: 

### 811/2013

Bill To: Gai l Cooke Environment Department 525 camino de Los Marquez #1 Santa Fe, NM 875 05-
SRC Authorization Phone Number Louise Wood (505) 476-7875
Quantity Description 21 Columnar inch

- Date Requested 7/31/2013

Notice Commission of Public Records Administrative Law Divison 1205 Camino Carlos Rey Santa Fe, NM 87507- Phone: (505) 476-7907 Fax: (505) 476-7910 Ship To (if different address): Environment Department 525 camino de Los Marquez# I Santa Fe, NM 87505-
Date Shipped Shipped Via Bill To (agency code) InterAgency 667

Revenue Code Unit Price Total 431902 $2.00 $42.00 22 Columnar inch 

# - Other Material 431902 $2.00 $44.00



### - Subtotal $86

.00

P•ym"t Amm"

# =~**-~ ~-** **::_j** - 

### --- F'or Internal Use Only Payment Amount Payment Method: Purchase Order Number: 66700-0000020222 Amount Due $86.00



# RECEIVED

AUG 

# 8 20 1 3 Air Quality Bureau

State Records Center andArchives 

### Pleasepaypromptly to Vendor Number 0000000729 Commission of**~tblic .fl!cor~s**  Form SRC-2002-03- Revised September 2006

# New Mexico Commission of Public Records Administrative Law Division 1205 Camino Carlos Rey Santa Fe, NM 87507 505-476-7907 

# Affidavit ofPublication in the 

# New Mexico Register I, Art Bransford , certify that the agency noted below has published legal notices or rules in the New Mexico Register, and that payment has been assessed by invoice for said legal notice or publication, which appeared on the date and in the volume and issue number noted below

. Date ofPublication: Volume: 

### XXIV 7/31/2013 

### Issue#: 14 Agency: Environment Department Contact: Gail Cooke 

### Invoice#: 

### NMR-2014- 15 Amount: $86.00 

### Description: 525 camino de Los Marquez #I Santa Fe, NM 87505-

Notice of Rulemaking H earing Notice Other Other Material Notice ofState Implementation Revi sion Plan

(seal) State ofNew Mexico, County of Santa Fe Signed and affirmed before me on Thursday, August 01,2013 

### by ArtBransford , 

# [2 

# .n**~** Notary

# Publicc:::7}~**£_** \ 

# o
_ Loui se Wood [My 

### commission expire "=

# ~ Affiant: 

# Cft.<-1-

# ~~ _ _ Publisher, 

### New M exico Register 

### Date: 8/1/2013**Copies** of the published material documented in this affidavit are enclosed

Form SR C

-2002-04 Revised Ju l y 2007

### New Mexico Register I 

### Volume XXIV, Number 14 I 

### July 31,2013 545 

# Other Material Related to Administrative Law NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD
NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD NOTICE OF STATE IM PLEMENTATION PLAN REVISION
The New Mexico Environmental Improvement Board (" Board") will hold a public heari ng on October 8, 20 I 3 at I0:00 a.m. at the Grant County Business and Conference Cent er, Fort Bayard Room, 303 1 Highway 180 East, Silver Cit y, New Mexico. The purpose of the hearing is to consider the matter of No. EIB 13-05 (R), proposed changes to the New Mexico State Implementation P lan (" SIP") r evision for the Grant County, New Mexico su lfur dioxide maintenance area. The proponent of this r egulator y adoption and revision is the New Mexico Environment Department ("NMED"). The purpose of the public hearing is to consider and take possible action on a petition from NMED regarding proposed SIP r evision to the Grant County Sulfur Dioxide Maintenance SIP

. Section 175 A of t he Federal Clean Air Act ("CAA' ') requires states to develop st ate implementation plans to provide for the maintenance oftheNational Ambient Air Quality Standards ("NAAQS") for those areas that have violated a standard (referred to as a nonattainment area) and for which there is sufficient data to prove that area is now in compliance with the standard. In February 2003 , NMED submitted to the U.S

. Environmental Protection Agency ("'EPA") a Redesignation Request and Maintenance Plan for the Grant County 24- hour S02 nonattainmentarea. This submittal was subsequently approved by EPA on September 18, 2003. States are required to revise maintenance SlPs I 0 years after the EPA approves an area's initial maintenance plan. Upon adoption b y the Boar d, SIP r evision for the Grant Count y, New Mexico sulfur dioxide maintenance area would be submitted to EPA for incorpor ation into New M

exico's SIP. The NMED will host an informa tional open house on the proposed SIP revision for the Grant Count y, New Mexico sulfur dioxide maintenance area at the NMED Air Qualit y Bur eau Office, 525 Camino de los Marquez, Suite I, Santa Fe, New Mex ico 87505, from 12:00p.m.-3:00p.m . on September 4, 20 1 3. To attend the informational open house, please contact Gai l Cook e at 505

-476

-4319 or gail.cooke@state. nm.us. The proposed revised plan may be r eviewed during regular business hours at the NMED Silver City District Field office located at 3082 32nd Street, By-Pass Road, Suite D Silver City, New Mexico. Full text of NMED 's proposed revised r egu lations are available on NMED's web site at www. nmenv.state

.nm.us, or by contacting Gail Cooke a t (505) 476-4319 or gail.cooke@ state.nm.us. The hearing wi ll be conducted in accordance with 20.1

. 1NMAC (Rulemaking Procedures

- Environmental Improvement Board), the Environmental Improvement Act, NMSA 1978 ,Section 74-1-9, the Air Quality Control Act Section, NMSA 1978,74-2-6, and other applicable procedures.
All interested persons wi ll be given reasonable opportunity at the hearing to submit relevant evidence, data, views and arguments , orally or in writing, to introduce exhibits, and to examine witnesses. Persons wishing to present t echnical testimony must file with the Board a written notice of intent to do so. The notice of intent shall: ( I) identify the person for whom the witness(es) will testify: (2) identif y each technical witness that the person intends to present a nd st ate the qualifications of the witness, incl uding a description of their education and work background; (3) include a copy of the dire ct t estimony of each technical witness in narrative form; (4) list and attach each exhibit anticipated to be offered by that person at the hearing ; and (5) attach the text of any recommended modifications to the proposed SI P rev ision. Notices of intent for the hearing must be received in the Office of the Board not later than 5 :00 pm on Sept ember 1 8, 20 13 and should refer ence t he docket number, EIB 13

- 05(R), and t he date of the hearing. Notices of intent to present technical t estimony should be submitted to : Pam Castaneda, Board Administrator Environmental Improvement Board P

.O. Box 5469 Santa Fe, NM 87502 P

hone: (505)827-2425 , Fax(505)827-03 10 Any member of the general public may testif y at the hearing. No prior notification is required to present non-technical t estimony at the hearing. An y such m ember may also off er exhibits in connection with his testimony, so long as the exhibit i s not unduly repetitious of the t estimon y. A member of the general public who wishes to submit a written statement for the r ecord, in lieu of providing oral testimony at the hearing, shall file the written statement prior to the hearing, or submit it at the hearing.
Persons having a di sability and needing help in being a part ofthis hearing process should contact Juan Carlos Borrego of the NMED Human Resources Bureau by September 23, 2013 at P.O. Box 26110, 1190 St. Francis Drive, Santa Fe, New Mexico , 87502, telephone 505-827-0424 or emailjuancarlos. borrego@state.nm .us. TOY u sers please access his number via the New Mexico Relay Network at 1-800-659-8331

. The Board may make a decision on the proposed SIP revision at the conclusion or the hearing, or the Board may convene a meeting at a later date to cons ider action on the proposal.



### End of Other Related Material SectionFrom: Medina, Dayana To: Cooke, Gail, NMENV Cc: Bates, Rita, NMENV; Donaldson, Guy Subject: Region 6 Comments on SO2 Limited Maintenance Plan for Grant County Date: Tuesday, July 23, 2013 4:34:03 PM 

### Hi Gail, Thank you for theopportunity to review the revised draft second 10-year maintenance plan for the Grant County maintenance area. Here are EPA’s comments on the revised draft SIP.

1. A sentence in the introduction to section II of the draft SIP states that “EPA guidance for limited maintenance plans under CAA Section 175A requires five elements.” Because interpretive guidance cannot “require” legal components, we suggest for clarity this language be revised to reflect that Section 175A of the Act provides the general framework for maintenance plans, and that EPA guidance for these plans under the limited maintenance plan option lists the five core provisions which should be included in a limited maintenance plan.

2. We recommend that the introductory paragraph under section II include a short discussion of EPA’s policy on limited maintenance plans and an explanation of how the Grant County maintenance area meets the qualifications to submit a second 10-year maintenance plan under the limited maintenance plan option.
3. Section II.1 contains an SO2 emissions inventory of the Title V sources in Grant County. To provide the public with a more thorough understanding of all SO2 point sources, we recommend that the SIP include an SO2 emissions inventory for all point sources in the county and that it be specified which of these are contained within the maintenance area.

4. A sentence in Section II.2 states the following: “As discussed in the next section, the SO2 design value for the Grant County maintenance area is 0.0, which is well below 85 percent of the NAAQS.” We recommend that the sentence be revised to specify that the design value for the 24-hour SO2 NAAQS of 0.14 ppm has been 0.0 ppm for each of the five most recent years for which certified ambient air quality data is available for the Grant County monitor. Similarly, we recommend that it be specified in Table 2 whether the monitoring data shown are design values or annual maximum 24-hour concentrations from the Grant County monitor. We also recommend that the table specify that the design values shown are in units of ppm.

5. We recommend that a discussion concerning NMED’s request for a waiver to shut down the Grant County monitor be added to section II. 3, as it is this section which discusses the monitoring network requirements for attainment/maintenance areas.

6. Section III of the draft SIP includes a request by NMED that EPA grant the state a waiver to shut down the current monitoring station located in Hurley, New Mexico, and discontinue monitoring within the Grant County SO2 maintenance area. The CAA’s maintenance plan requirement for continued maintenance of an area is typically satisfied by the verification of the attainment

### status of the area through the continued operation of an EPA-approved air quality monitoring network. In the absence of any air monitoring stations in the maintenance area, the maintenance plan should include an alternative method of verifying that the area continues to attain the NAAQS. Given the source-oriented nature of SO2, the lack of any large SO2 point sources, and the long history of very low actual SO2 emissions and monitored SO2 concentrations in the Grant County maintenance area, we believe the likelihood of the area violating the standard is extremely low. We also believe any source that models attainment of the 1-hour SO2 standard will be well under the 24-hour standard, since the new 1-hour standard is some 2 - 4 times more stringent than the 24-hour standard. Therefore, we agree withNMED’s proposed alternative method for verifying continued attainment of the 24-hour SO2 standard, which consists of the use of PSD and Title V modeling requirements for the 1- hour SO2 standard for new and modified air quality permits and an annual emission review of all major SO2 sources located in the Grant County SO2 maintenance area to determine if there is a potential violation of the 24-hour SO2 standard. However, if post-construction monitoring is conducted as part of the permitting requirements, we believe this data should also be used to determine if there is a potential violation of the 24-hour SO2 standard in the Grant County SO2 maintenance area. We also agree with NMED’s proposed plan to reinstitute a gaseous SO 2 

### monitor at the Hurley, NM monitoring location or at a site expected to read greater SO 2

### levels than that site if, based on the alternative method for verifying continued attainment of the 24- hour SO2 standard, there is an indication of a potential violation of the 24-hour SO2 NAAQS. EPA believes NMED’s request for a waiver that would allow it to discontinue the only existingmonitor in the Grant County maintenance area is approvable provided that 1-hour SO2 postconstruction monitoring conducted as part of the permitting requirements also be used to determine if there is a potential violation of the 24-hour SO2 standard in the Grant County SO2 maintenance area.

7. The draft SIP revision cites the “impending revocation of the 24-hour and annual SO2 standards” as one of the justifications for shutting down the Grant County monitor. We wish to clarify that in the final SO2 rule, EPA explained that it would revoke the prior 24-hour and annual SO2 standards within one year of the effective date of designations under the 2010 1- hour SO2 NAAQS. However, in a letter dated February 7, 2013, EPA informed states that at this time it is proceeding with designations for most areas with violating monitors, while deferring designations for all remaining areas in the country. At this time, it is anticipated that it may take several years for EPA to gather the data necessary to designate all remaining areas in the country. At this time, EPA has not determined how the deferral of designations under the 1- hour SO2 standard for most areas in the country will impact the revocation of the 24-hour and annual SO2 NAAQS. Therefore, EPA recommends NMED not cite to the “impending revocation of the 24-hour and annual SO2 standards” as one of the justifications for shutting down the Grant County monitor.

We appreciate your workto satisfy the requirement for the second 10-year maintenance plan for the Grant County maintenance area. Please let me know if you have any questions related to our comments or if you would like to discuss further.

### Thank you, Dayana Medina U.S. Environmental ProtectionAgency, Region 6 Multimedia Planning and Permitting Division Air Planning Section (6PD-L) 214-665-7241

From: Bates, Rita, NMENV [mailto:Rita.Bates@state.nm.us] Sent: Tuesday, July 23, 2013 2:28 PM To: Donaldson, Guy; Medina, Dayana Cc: Cooke, Gail, NMENV; Singleton,Kerwin, NMENV Subject: SO2 Limited Maintenance Plan for Grant County 

### Hello Guy and Dayana,
We have revised ourdraft SO2 Limited Maintenance Plan for Grant County to incorporate an alternative method rather than continuing monitoring for SO2 there. Please review the attached, especially section II.6. We would appreciate anycomments ASAP as we are going to hearing on this on October 8 and our public comment period begins on July 31. Please send comments to Gail Cooke. Thank you for yourhelp!
Rita Rita Bates, Planning SectionChief Air Quality Bureau, New Mexico Environment Department 525 Camino de los Marquez, Suite 1, Santa Fe, New Mexico 87505 Phone (505) 476-4304 Email rita.bates@state.nm.us

### 1

2 3
4 5 6
7 8 9 10
11 12 13
14 15 16
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 

## 1

STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD

No
. EIB 13

- 05 (R)
IN THE MATTER OF PROPOSED REVISIONS TO THE STATE IMPLEMENTATION PLAN FOR THE GRANT COUNTY SULFUR DIOXIDE LIMITED MAINTENANCE PLAN

TRANSCRIPT OF PROCEEDINGS
BE IT REMEMBERED that on the 8 th day of October , 2013 , the above

- entitled matter came on for hearing before the New Mexico Environmental Improvement Board , taken at the Grant County Veterans ' Memorial Business and Conference Center , 3031 Highway 180 East , Silver City , New Mexico , at the hour of 10 : 04 a.m.

### 1

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KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street , Northwest , Albuquerque , New Mexico 87102

( 505 ) 243

- 5018

- Fax ( 505 ) 243

- 3606 

## 2

A P P E A R A N C E S
For the Environmental Improvement Board : DEBORAH PEACOCK GREGORY H. FULFER JOHN MICHAEL VOLKERDING , Hearing Officer TIMOTHY L. MORROW MATTHEW HOLT
For the New Mexico Environment Department :
BILL GRANTHAM Assistant General Counsel Office of General Counsel New Mexico Environment Department 1190 St
. Francis Drive Suite N- 4050 Santa Fe , New Mexico 87505 ( 505 ) 222

- 9594 bill
. grantham @ state
. nm . us

### 1

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KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street , Northwest , Albuquerque , New Mexico 87102

( 505 ) 243

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- Fax ( 505 ) 243

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## 3

I N D E X
PAGE
WITNESSES : GAIL COOKE and RITA BATES Direct Examination of Gail Cooke by
Mr
. Grantham 7 Examination by the Board 15

### 1

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KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street , Northwest , Albuquerque , New Mexico 87102

( 505 ) 243

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- Fax ( 505 ) 243

- 3606 

## 4

E X H I B I T S
ADMITTED
NMED : 1. Resume of Gail Cooke 15 2. Resume of Rita Bates 15 3. Grant County Sulfur Dioxide Limited Maintenance Plan 15 4. 68 Fed
. Reg
. 54 , 672 ( September 18 , 2003 ) - Approval of Grant County Maintenance Plan 15 5. US EPA Guidance on Limited Maintenance
Plans , November 16 , 1994 15 6. 20 .2. 74 NMAC 15 7. 20 .2. 70 NMAC 15 8. Affidavits of publication of hearing notice 15 9. Comments received from the US EPA on
NMED proposed SIP revisions 15 10
. Written Testimony of Gail Cooke 15
11
. NMED 's Proposed Order and Statement of
Reasons 15

### 1

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KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street , Northwest , Albuquerque , New Mexico 87102

( 505 ) 243

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- Fax ( 505 ) 243

- 3606 

## 5

MS
. PEACOCK : Item 6, we have hearing in EIB 13 -05, proposed revisions to the State Implementation
Plan for the Grant County Sulfur Dioxide Limited Maintenance Plan ( SIP ), Mr
. Grantham and Ms
. Cooke
.

MR
. GRANTHAM : Thank you , Madam Chair , Mr
. Hearing Officer , members of the Board
.

For the record , I'm Bill Grantham , representing the Environment Department , and with me is Gail Cooke , who is an environmental planner with the Air Quality Bureau , and Rita Bates , who is the section chief
of the Planning Section of the Air Quality Bureau
.

MS
. PEACOCK : I'm going to turn it over to our Hearing Officer , Vice

- Chair Volkerding
.

MR
. VOLKERDING : I just figure d for the record

we ' ll go ahead and go through the long

-- long opening
statement
. So this hearing is being held to consider proposed revisions to the State Implementation Plan for the Grant County Sulfur Dioxide Limited Maintenance
Plan
. The rulemaking petition was filed by the Environment Department and docketed by the administrator at EIB 13 -05(R).

The hearing will be conducted in accordance with the Board 's rulemaking procedures set out in 20 .1.1
NMAC
. The Rules of Civil Procedure and Rules of

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Evidence do not apply , but I will make whatever orders

are necessary to preserve decorum
.

All testimony will be taken under oath , and all persons giving testimony will be subject to

cross - examination by any other person in attendance on the subject matter of their testimony and on matters affecting their credibility
.

This hearing is being recorded and transcribed by Cheryl Arreguin of Kathy Townsend Court Reporters
. You may obtain a copy of the transcript directly from the court reporter
. It also eventually becomes a public
record viewable in the office of the Board administrator
.

And Mr
. Grantham has started , so I' ll turn it
back over to him
.

MR
. GRANTHAM : Thank you , Mr
. Hearing Officer
. I' ve introduced myself and the witnesses
. We have one witness giving direct testimony , and Ms
. Bates is here if there are additional questions
from the Board
. So I'd like to proceed and just have

our witnesses sworn in and proceed with the testimony
.

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## 7

GAIL COOKE and RITA BATES having been first duly sworn or affirmed , were examined and testified as follows :

DIRECT EXAMINATION OF GAIL COOKE
BY MR
. GRANTHAM : Q. Ms
. Bates
-- excuse me . Ms
. Cooke , please state your name for the record
. A. My name is Gail Cooke
. And I also wanted to thank all the Board members for coming here . I really appreciate it
. And I know it was quite a distance for

-- for most of you
. So thank you very much . I do very much appreciate it
. Q. And can you tell the Board where you work
. A. I work for the New Mexico Environment Department in the Environmental Protection Division in
the Air Quality Bureau
. Q. And how long have you been in your current position ?
A. For 14 years . Q. And what is your educational background ?
A. I have a bachelor degree in environmental design from Texas A&M University , and I have a master degree in urban and regional planning from Virginia
Tech
.

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Q. And is a copy of your resume included in the notice of intent ?
A. Yes , it is
. It is in Exhibit 1. Q. And briefly , what are your duties with the Air Quality Bureau ?
A. My main task s with the Bureau are to develop
state implementation plans and community initiative projects , as well as to develop regulatory language and conduct public out reach
. Q. And what was your involvement with the subject
of this hearing ?
A. I developed the proposed Grant County Sulfur Dioxide Limited Maintenance Plan
. Q. And did you provide written testimony for this hearing ?
A. Yes , I did , and that is in Exhibit 10
. Q. Do you adopt that testimony today under oath ?
A. Yes , I do
. Q. And can you please briefly describe the
purpose of your testimony
. A. Yes , I will
. Madam Chair , members of the Board , I'm here to present testimony on the Department 's proposed changes to the New Mexico Statement Implementation Plan for the
Grant County sulfur dioxide maintenance area . From now

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## 9

on , I will refer to this plan as the Grant County Maintenance Plan
.

A copy of the proposed changes is included in Exhibit 3. From now on , I will refer to these proposed changes as the proposed Grant County Limited Maintenance
Plan
. Q. And can you please explain the proposed amendments to the plan and the history behind those
. A. Yes , I will
. The Clean Air Act requires all areas in the United States to attain and maintain compliance with the National Ambient Air Quality Standards for the six criteria pollutants
. If an area does not attain and maintain a standard , then EPA must designate the area as nonattainment and the state must impose emission
controls to rectify the situation
.

In 1978 , EPA designated Grant County as nonattainment for the 24

- hour National Ambient Air Quality Standard for sulfur dioxide
.

States are allowed under the act to request a

re designation to attainment or maintenance for a nonattainment area that has at least three years of attainment of -- I'm sorry -- three years of ambient air quality monitoring data that is in compliance with the National Ambient Air Quality Standards
.

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New Mexico last recorded a monitored
exceedance of their sulfur dioxide National Ambient Air Quality Standard in Grant County , New Mexico in 19 75.

In February of 2003 , the New Mexico Environment Department submitted to EPA a Redesignation Request and Maintenance Plan for the Grant County 24

- hour sulfur dioxide nonattainment area
. This submittal was subsequently approved by EPA on September 18th , 2003
. This approval is included as Exhibit 4.
States are required under Section 175 of the Clean Air Act to revise maintenance state implementation plans 10 years after EPA approves an area 's initial maintenance plan
. The proposed Grant County Limited Maintenance Plan has been developed to satisfy the 10

- year plan revision as required under Section 175 A of the Clean Air Act
. Q. And you referred to this as a " Limited Maintenance Plan ."

Could you just explain why it 's referred to as

" limited "?
A. Yes , I will
. EPA allows nonattainment and maintenance areas that are at or below 85 percent of the exceedance level for National Ambient Air Quality Standard at the time of

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## 11 redesignation to submit a less rigorous plan that EPA refers to as a limited maintenance plan
. The guidance issued by EPA for limited maintenance plans can be found under Exhibit 5.

The Grant County 24

- hour sulfur dioxide maintenance area currently has no major sulfur dioxide

sources and has monitored negligible -- I have a hard time with that word

-- levels of sulfur dioxide for the past five years . Based on the lack of sulfur dioxide major

-- major point sources and emissions within the
Grant County maintenance area , New Mexico 's choosing to submit a limited maintenance plan for the Grant County maintenance area . Q. And is the Department proposing any changes from the prior maintenance plan ?
A. Yes , we are . We ' re actually requesting one change
. The Department is requesting that EPA approve the removal of the current sulfur dioxide ambient air quality monitoring that is located in Hurley , New Mexico
and instead use an alternative sulfur dioxide monitoring methodology
.

The alternative methodology will use the existing requirements under 20 .2. 74 , Prevention of Significant Deterioration , and 20 .2. 70 , Operating

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Permits

-- which are -- 74 is in Exhibit 6, and 70 is in Exhibit 7 -- for modeling and post construction monitoring for new and modified air quality permits and would also use an annual emission review of all major
sulfur dioxide sources located in the Grant County sulfur dioxide maintenance area to evaluate sulfur dioxide emissions
.

In the event that the alternative methodology
does indicate there is a significant increase in sulfur dioxide emissions that may cause a potential sulfur dioxide National Ambient Air Quality Standard violation , the Department would re locate their sulfur dioxide monitor back to Hurley for one year .

If after one year the sulfur dioxide monitor
values are at or under 50 percent of the current National Ambient Air Quality Standard for sulfur dioxide , then the sulfur dioxide monitor would be again

-- would again be re moved and the alternative
sulfur dioxide methodology would be reinstated
. Q. Thank you . Can you explain a little the modeling and post construction monitoring requirements under the Part 74 and Part 70 which you mentioned in your previous

answer ?
A. Yes , I will
.

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Air dispersion modeling is required under both 20 .2. 70 and 20 .2. 74 for new and modified air quality permits
. Modeling is required by the Department to

ensure that particular emissions from a facility will be in compliance with the National Ambient Air Quality
Standards
. Section 306 of 20 .2. 74 allows a state to require post construction monitoring for new or modified

sources . EPA 's Ambient Monitoring Guidelines for Prevention of Significant Deterioration , which is issued

-- which was issued in May of 1987 , recommends post construction monitoring be done when there is a valid region

-- reason , such as when predicted concentrations are close to the National Ambient Air Quality Standards and when there are uncertainties in
the data model ed
.

A decision by permitting staff to require post construction monitoring would be made after the prevention of significant deterioration application has been thoroughly reviewed
.

Post construction monitoring data requirements

are addressed in Section 165 (a)(7) of the Clean Air Act
. Sources may have to conduct such monitoring to determine
the air quality effects its emissions may have on the

area it impacts
. Generally this would apply to the

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## 14
large emission sources . Q. And are there any regulatory provisions included in the proposed maintenance plan ?
A. No , there are not
. Q. And did the Department provide public notice
of this proposal ?
A. Yes , we did
. The EIB 's rulemaking regulations require that notice be published in a newspaper of general circulation and the New Mexico Register
.

The notice was published in English and Spanish in the Silver City Daily Press on August 2 nd , 2013 , and in the New Mexico Register on July 31 st , 2013
. The notices are contained in Exhibit 8.

The only comments received were from EPA Region 6, which are included in Exhibit 9. EPA 's
comments were incorporated into the proposed Grant County Limited Maintenance Plan
.

The Department also held an open house , but no members of the public attended
. Q. And so in conclusion , does the Department recommend that the Board adopt the proposed Grant County Limited Maintenance Plan ?
A. Yes . I respectfully request the Board adopt the proposed Limited Maintenance Plan that is contained in Exhibit 3.

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## 15

MR
. GRANTHAM : Thank you , Ms
. Cooke
. I have no more questions
. Exhibit 11 , which is the only exhibit that

wasn 't mentioned , is the proposed statement of reasons and order , so at this point , I'd move for admission of Exhibits 1 through 11.

MR
. VOLKERDING : They ' re accepted
. ( Exhibits NMED 1 through 11 admitted into evidence .)
MR
. GRANTHAM : And we stand for questions
. MR
. VOLKERDING : Okay
. Members of the Board have any questions for the Department ?

MS
. PEACOCK : Sure
. Go ahead
. MR
. VOLKERDING : Oh
. Go ahead
. My only question was -- I mean , it looks like
the EPA has up to 18 months to approve or disapprove , so is there any reason to believe they will dis approve this ?
MS
. COOKE : No
. And actually , we ' ve already given them

-- we gave them a draft of the proposed Limited Maintenance Plan before we even went out to public notice , to make sure that we received their
comments , and so their comments were incorporated into

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the

-- into the actual draft that was available during
the public notice time period
.

MR
. VOLKERDING : And since they have 18 months , I'm assuming the federal shutdown won 't really impact their

-- their time frame , so --

MS
. COOKE : Hopefully not
. Hopefully it won 't be 18 months of this , so --

MR
. VOLKERDING : Okay
. That was -- MS
. PEACOCK : And following on that , they haven 't seen the new version incorporating their
comments yet
.

MS
. COOKE : They have , actually
. MS
. PEACOCK : They have
. MS
. COOKE : Yeah
. MS
. PEACOCK : And have they commented on that ?
MS
. COOKE : They actually commented and said they were very happy with what we have included and how we had taken their comments and incorporated it into the proposed maintenance plan
.

MS
. PEACOCK : Okay
. And then just to be clear

-- well , first of all , I want to compliment you . I found no typos ,
none -- MS
. COOKE : Yea
.

MR
. GRANTHAM : That 's a record
.

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## 17

MS
. PEACOCK : -- on the Limited Maintenance
Plan
. No . I was really pleased with it , so --

MS
. COOKE : She 's a very good editor
. MS
. PEACOCK : So just to be clear , what you want us to adopt is Exhibit 3, which is your July 25 th , 2013 , draft , including Appendixes A and B.

MS
. COOKE : Yes
. That is correct
. MS
. PEACOCK : All right
. I have a question on page 3, first paragraph
. It says the end date is 2015 , and I could not find that in Exhibit 4 anywhere
.

Could you -- MS
. COOKE : Exhibit 4. Oh
. That was with the final approval
. When we submitted the actual maintenance plan in 2003 , they actually

-- in their guidance for developing a maintenance plan , they want you to develop it for 10 years , as well as give a two
- year buffer time period for EPA to approve the actual submittal
. And so that 's where the 2015 time frame came in
.

And so they actually approved it very , very quickly , and they approved it within a couple of months of us actually submitting this , which is un heard of
.

So the main reason why it 's not actually included in the Federal Register notice is

-- like I

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## 18

said , that 's based on guidance , given the two
- year buffer time period
. And that 's only for EPA , that 's not for us
. So

-- so that 's basically why . I mean , like I said , I don 't think they actually gave a time period of when it ended
. And so we were actually expecting them
to not actually act on it until two years after we had submitted it , which is pretty typical for them , and for

some reason , they acted on this very quickly
.

So

-- and that 's part of the reason we decided to go ahead
. And even though it went through 2015 , I spoke with EPA at length of saying " Do you want us to go ahead and

-- since the 10

- year period is up , and go ahead and do this , instead of doing the full 2015 ," and they said yes , because that

-- the 2015 was base d on that grace period for them
.

MS
. PEACOCK : All right
. MS
. COOKE : It gets confusing , though . I know
I had to explain it to Bill several times of why that time frame goes in
. Well , not several times , maybe once

or twice
. He 's a smart cookie
.

Sorry
. MS
. PEACOCK : It confused me , too , and

-- MS
. COOKE : Yeah
. It is very confusing , and unfortunately , like I said , because of the slow pace

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## 19

that EPA moves at sometimes , like I said , they built that into their guidance for developing these type of plans , and that 's the reason for the two
- year buffer
. So

-- MS
. PEACOCK : Okay
. On page 6 of your draft , Section 4, which you already described what you plan to do
. So the Hurley smelter has been dismantled
.

MS
. COOKE : Yes
. MS
. PEACOCK : The emissions are zero , and yet
you ' re still required to do modeling for all new

sources . But then it says you also have to do an annual emission review of all major SO 2 

### sources located in the
Grant County limited maintenance area .

Does that occur statewide , or do you just have to do it here ?

MS
. COOKE : We actually look at major sources in our emissions inventory statewide
. And this is something that EPA
-- when we originally requested to

re move the monitor , EPA wanted us to have an alternative methodology to make sure that if a source did come into
the area , that we would not have an exceedance
.

And so that 's basically what our -- one of our alternatives was , was we ' ll actually look at the major

sources within the area and see if there is any concern .

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## 20 Right now there aren 't any sources in the area , so , you know , we ' ll look on an annual basis , and we ' ll most likely say no , there are no sources in the area , so

we ' re okay
.

But because of the Clean Air Act
-- there are requirements under the Clean Air Act that a maintenance area must have monitoring data for it , and since we ' re asking to have the monitor re moved , we had to have a contingency measure in place so we could actually make sure that emission levels were not going to exceed the National Ambient Air Quality Standards if something
moved into the area .

And so that was one of the contingency

measures we came up with
.

MS
. BATES : And I'd like to just answer a little bit , as well , if I could , and that is that the requirements that are in our contingency plan , they ' re requirements that all sources must meet throughout the
state
-- MS
. COOKE : Yeah
.

MS
. BATES : -- for major sources . So there is no

-- there are no requirements
here that are additional to any requirements that we don 't already have for sources . It 's just that we reference them here , as well , and use them as our

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## 21 contingency plan
.

MS
. PEACOCK : And I guess my point was is
there a next step where we could even get rid of , 10
years from now , the limited maintenance plans , since
there is no source ?

MS
. COOKE : Yes , there is , actually
. When you have a nonattainment area , you have to
-- and you redesignate it to attainment / maintenance , as they call it , you have a two
- step process
. First you do a first 10

- year maintenance plan for it , and then after that you do a second 10

- year maintenance plan for that
.

And we did the limited maintenance plan because of there 's so few emissions that are -- no ne emissions

-- no emissions
. And so at that point , you actually go into attainment , and you no longer have to do the maintenance status plan up date
. So you ' re done
. You just have two plans that you have to do for two 10

- year time periods
.

MS
. PEACOCK : Okay
. And can you do that earlier ? Do you have to wait for the 10

- year time period ?

MS
. COOKE : You have to wait for the 10

- year time period
.

MS
. PEACOCK : Okay
. So for 10 years , you ' re going to have to do this modeling for the

-- well , if

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there 's a new source .

MS
. COOKE : If there 's -- and they have to do it anyway
. So if a new source moved in , they would already have to
--

MS
. PEACOCK : Already do it
. MS
. COOKE : -- do the modeling for it
. Yeah
. MS
. PEACOCK : Okay
. I'm looking at Exhibit 11 , which is the proposed statement of reasons , number 16 , which says

" The proposed amendments satisfy the statutory requirements of the Air Quality Control Act , NMSA 19 78 , Section 74-2-5.E."

Normally our Board puts in those three criterion
. I'd like you to speak to each of those
. So if
I could just read one at a time , and you could give testimony about each of those
.

And so the E reads " In making its regulations , the environmental improvement board or the local board shall give weight it deems appropriate to all facts and circumstances , including but not limited to ."

Number (1) is " character and degree of injury
to or interference with health , welfare , visibility and property ."
So could you speak to that as part of the

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## 23 testimony
. MS
. BATES : Do you want me to take that ?

MS
. COOKE : Sure
. MS
. BATES : Okay
. Since there are no SO -- major SO 2 

### sources , there really is no

-- there is no injury
. And in order
to address the potential for that injury , we ' ve got these contingency measures that we ' ve talked to you about in place
. So the contingency measures would protect the health and welfare
.

MS
. PEACOCK : Okay
. And the purpose of this is so that it 's in
the

-- MS
. BATES : Sure
.

MS
. PEACOCK : -- testimony
. Thank you . Number (2), " the public interest , including
the social and economic value of the sources and subjects of air contaminants ."

Would it help if you saw this , by the way ?
MS
. BATES : That might

-- MS
. COOKE : Yeah
. MS
. BATES : -- be helpful
. My memory isn 't that great anymore . The sources that will be located here will be

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## 24 subject to the same rules that all sources throughout
New Mexico is , and so the social and economic value of the source s and subjects of air contaminants would be the same for every other source in the state
. That 's under the jurisdiction of the Environment Department
.

And the public interest is protected because

we are looking out for the health interests of the public in adopting these contingency measures in the Limited Maintenance Plan
.

MS
. PEACOCK : Okay
. And number (3) is " 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 ."

MS
. BATES : This is a plan that deals with
sulfur dioxide
. And those emissions

-- the technology for reducing those emissions is well established and well documented and readily available and not expensive , and all sources throughout the state are required to
meet those standards
. So it meets that technical practicability and economic reasonableness test
.

MS
. PEACOCK : Okay
. Those were my questions
. MR
. VOLKERDING : Okay
.

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Any other Board questions ? Okay
. Mr
. Grantham , do you have any closing
statements ?

Because I see no members of the public to

cross - examine
.

MR
. GRANTHAM : Thank you , Mr
. Hearing Officer
. I don 't have any closing statements
. I would just add my thanks to you all for coming down here
. It is a statutory requirement that this hearing be held in this location
. So , you know , it 's a -- quite an inconvenience , but we appreciate
your -- your attending and your questions
.

And I would stand on the witnesses ' testimony
and request that you approve the Limited Maintenance
Plan
. MR
. VOLKERDING : Okay
. Thank you .

Is there any reason that the record should be left open ?
Not seeing any or hearing any , then we ' ll close the record , and the hearing is adjourned
.

And I will turn it over to the Chair for deliberation
.

MS
. PEACOCK : Okay
. And we ' ll move into deliberations
.

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Is there a motion ?
MR
. HOLT : Move we approve the proposed Grant County carbon dioxide

-- Sulfur Dioxide Limited Maintenance Plan
.

MR
. MORROW : Second
. MR
. FULFER : Second
. MS
. PEACOCK : Okay
. Any discussion ?
All in favor ? ( Simultaneous responses .)
MS
. PEACOCK : Any opposed ? Okay
. It 's unanimous
. Let 's go over the Proposed Order and Statement of Reasons . I have a few suggested changes
.

MR
. HOLT : As do I.
MS
. PEACOCK : Okay
. Do you want to go ?
MR
. HOLT : Sure
. The very first paragraph , the very last line
reads " adopt the proposed repeal for the reasons that follow ."
I assume that we should strike the words

" repeal for " and replace them with " Grant County Sulfur Dioxide Limited Maintenance Plan ."

MR
. GRANTHAM : That was a typo
.

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MS
. PEACOCK : I'm not seeing

-- MR
. HOLT : Sorry about that
. MR
. VOLKERDING : Oh , right here
. He 's saying

" proposed repeal " and

--

MS
. PEACOCK : Oh , okay
. Right
. MR
. MORROW : The bottom of the first paragraph
. MS
. PEACOCK : Okay
. The proposed limited

-- read it again
.

MR
. HOLT : " Proposed Grant County Sulfur Dioxide Limited Maintenance Plan ."

MS
. PEACOCK : Good catch
. MR
. HOLT : Paragraph 10 , " to adopt a revised 10

- year maintenance plan ," I guess to be consistent , I would call it a " limited " --

MR
. VOLKERDING : Yeah
. MR
. HOLT : -- " sulfur dioxide maintenance plan ." Paragraph 12 , to conform to the testimony , I under stood the witness to testify that the notice of hearing is published in the Silver City Daily Press on August 2 nd , 2013 , in the Register on July 31 st , 2013
.

MS
. PEACOCK : August 13th ?
MR
. HOLT : August 2 nd , 2013 , for the Silver City Daily Press
.

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## 28

MS
. PEACOCK : And in the New Mexico Register

on -- MR
. HOLT : July 31 st
.

MS
. PEACOCK : Okay
. MR
. HOLT : That 's all
. MS
. PEACOCK : Okay
. I have a suggestion in paragraph 1. It says "a copper smelter located in Hurley ," and then later on it 's referred to in paragraph 4 as " the Hurley smelter ."
So I'd like to just put the defined term " Hurley smelter " in paragraph 1.

And in paragraph 6, the SO 2 

### , change that to an
O instead of a 0, in the third line
.

And then in paragraph 16 , I'd like to list our three criteria that were the subject of testimony , 74 -2-5.E. And then in the order , change " majority " to

" unanimous ."

Did you all get all those ? Okay
. Any other suggested changes ?
MS
. BATES : The O and the 0, where was that ?
MS
. PEACOCK : Paragraph 6.
MS
. COOKE : Oh , there it is
. Okay
. MS
. BATES : Okay
.

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## 29

Thanks
. MS
. PEACOCK : So I' ll make a motion that we accept the NMED 's Proposed Order and Statement of Reasons with the amendments as proposed by Member Holt and by Member Peacock
.

MR
. HOLT : Second
. MS
. PEACOCK : Any discussion ?
All in favor ? ( Simultaneous responses .)
MS
. PEACOCK : Any opposed ? Okay
. It 's unanimous
. All right
. Thank you . ( Proceedings adjourned at 10:31 a.m. )

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## 30

STATE OF NEW MEXICO ) ) ss . COUNTY OF BERNALILLO )

I, CHERYL ARREGUIN , the officer before whom the foregoing proceeding was taken , do hereby certify that
the witnesses whose testimony appears in the foregoing transcript were duly sworn or affirmed ; that I personally recorded the testimony by machine shorthand ; that said transcript is a true record of the testimony given by said witnesses ; that I am neither attorney nor counsel for , nor related to or employed by any of the parties to the action in which this proceeding is taken , and that I am not a relative or employee of any attorney

or counsel employed by the parties hereto or financially interested in the action
.

NOTARY PUBLIC CCR License Number : 21 Expires : 12 / 31 / 2013

My Commission Expires : 12 / 12 / 15

### 0

**0** [2] - 28: 13, 28:22 

### 1

**1** [7] - 4:4, 8:3, 15:6, 15:8, 22:22, 28:7, 28: 11 **10** [7] - 4: 19, 8: 16, 10: 13, 17: 18, 21 :3, 21 :24, 27: 13 **10 -** **year** [8] - 10 : 16, 18: 13, 21 : 10, 21 : 11 , 21 : 18, 21 :21 , 21 :22, 27: 14 **10 :** **04** [1] - 1: 15 **10 :** **31** [1] - 29: 13 **11** [5] - 4:20, 15:3, 15:6, 15:8, 22 :8 **1190** [1] - 2:9 **12** [1] - 27: 19 **12 /** **12 /** **15** [1] - 30 :22 **12 /** **31 /** **2013** [1] - 30:20 **13 -** **05** [1] - 5:2 **13 -** **05 (R**  [1] - 1:3 **13 -** **05 (R)**  [1] - 5:22 **13 th**  [1] - 27:23 **14** [1] - 7:20 **15** [12] - 3:7, 4:4, 4:5, 4:7, 4: 10, 4: 12, 4: 13, 4: 14, 4: 16, 4: 18, 4: 19, 4:21 **16** [3] - 4: 12, 22 :9, 28: 14 **165 (a)(7**  [1] - 13:22 **175** [1] - 10: 11 **175 A**  [1] - 10: 16 **18** [4] - 4:8, 15: 18, 16:3, 16:7 **180** [1] - 1: 15 **18 th**  [1] - 10:9 **1975** [1] - 10 :3 **1978** [2] - 9: 17, 22 : 11 **1987** [1] - 13: 11 **1994** [1] - 4: 12 

### 2

**2** [2] - 4:5, 23: 17 **20 .1.1**  [1] - 5:24 **20 .2.** **70** [3] - 4: 14, 11 :25, 13:2 **20 .2.** **74** [4] - 4: 13, 11 :24, 13:2, 13:7 **2003** [4] - 4:9, 10:4, 10:9, 17: 16 **2013** [7] - 1: 13, 14: 12, 17:6, 27:22, 27:24 **2015** [5] - 17: 10, 17:20, 18: 11 , 18: 14, 18: 15 **21** [1] - 30 :20 **222 -** **9594** [1] - 2: 10 **24 -** **hour** [3] - 9: 18, 10:7, 11 :5 **25 th**  [1] - 17:5 **2 nd**  [3] - 14 : 11 , 27:22, 27:24 

### 3

**3** [6] - 4:6, 9:4, 14 :25, 17:5, 17:9, 24 : 11 **3031** [1] - 1: 15 **306** [1] - 13:7 **31 st**  [3] - 14: 12, 27:22, 28:3 

### 4

**4** [6] - 4:8, 10: 10, 17: 11 , 17: 13, 19:6, 28:9 

### 5

**5** [2] - 4: 11 , 11 :4 **50** [1] - 12 : 15 **505** [1] - 2: 10 **54 ,** **672** [1] - 4:8 

### 6

**6** [7] - 4: 13, 5:1, 12 :1, 14: 15, 19:5, 28: 12, 28:23 **68** [1] - 4:8 

### 7

**7** [3] - 3:6, 4: 14, 12 :2 **70** [2] - 12 :1, 12 :23 **74** [2] - 12 :1, 12 :23 **74 -2-5.E**  [2] - 22 : 12, 28: 16 

### 8

**8** [2] - 4: 15, 14 : 13 **85** [1] - 10 :24 **87505** [1] - 2: 10 **8 th**  [1] - 1: 13 

### 9

**9** [2] - 4: 17, 14 : 15 

### A

**A&M** [1] - 7:23 **a.m** [2] - 1: 15, 29: 13 **above -** **entitled** [1] - 1: 13 **accept** [1] - 29:3 **accepted** [1] - 15:7 **accordance** [1] - 5:23 **Act** [7] - 9: 10, 10: 12, 10: 17, 13:22, 20 :5, 20:6, 22: 11 **act** [2] - 9:20, 18:7 **acted** [1] - 18:9 **action** [2] - 30 : 14, 30: 17 **actual** [3] - 16:1, 17: 15, 17: 19 **add** [1] - 25:9 **additional** [2] - 6: 19, 20:23 **address** [1] - 23:7 **addressed** [1] - 13:22 **adjourned** [2] - 25:21 , 29: 13 **administrator** [2] - 5:21 , 6: 13 **admission** [1] - 15:5 **ADMITTED** [1] - 4:2 **admitted** [1] - 15:8 **adopt** [6] - 8: 17, 14:21 , 14 :23, 17:5, 26:20, 27: 13 **adopting** [1] - 24 :8 **affecting** [1] - 6:7 **Affidavits** [1] - 4: 15 **affirmed** [2] - 7:2, 30:9 **ahead** [6] - 5: 15, 15: 15, 15: 16, 18: 11 , 18: 13, 18: 14 **air** [10] - 9:23, 11 : 19, 12:3, 13:1, 13:2, 13:24, 23: 19, 24 :3, 24: 13, 24 : 15 **Ai r**  [21 ] - 5:9, 5: 11 , 7: 17, 8:4, 9: 10, 9: 12, 9: 18, 9:25, 10 :2, 10: 12, 10 : 17, 10 :25, 12: 11 , 12 : 16, 13:5, 13: 14, 13:22, 20 :5, 20:6, 20: 11 , 22: 11 **allowed** [1] - 9:20 **allows** [2] - 10:23, 13:7 **alternative** [5] - 11 :21 , 11 :23, 12 :8, 12: 18, 19:20 **alternatives** [1] - 19:24 **Ambient** [11 ] - 9: 12, 9: 18, 9:25, 10 :2, 10:25, 12 : 11 , 12 : 16, 13:5, 13:9, 13: 14, 20: 11 **ambient** [2] - 9:23, 11 : 19 **amendments** [3] - 9:8, 22 : 10, 29:4 **annual** [3] - 12 :4, 19: 12, 20 :2 **answer** [2] - 12 :24, 20: 15 **anyw ay**  [1] - 22 :3 **Ap pendixes**  [1] - 17:6 **application** [1] - 13: 19 **apply** [2] - 6:1, 13:25 **appreciate** [3] - 7: 11 , 7: 13, 25: 12 **appropriate** [1] - 22:20 **approval** [2] - 10 :9, 17: 14 **Ap proval**  [1] - 4:9 **approve** [5] - 11 : 18, 15: 18, 17: 19, 25: 15, 26:2 **approved** [3] - 10 :8, 17:21 , 17:22 **approves** [1] - 10 : 13 **area** [18] - 8:25, 9: 13, 9: 14, 9:22, 10 :7, 11 :6, 11 : 11 , 11 : 13, 12 :6, 13:25, 19: 14, 19:22, 19:25, 20 :1, 20:3, 20:7, 20: 12, 21 :7 **area 's**  [1] - 10 : 13 **areas** [2] - 9: 10, 10:23 **ARREGUIN** [1] - 30 :6 **Arreguin** [1] - 6:9 **Assistant** [1] - 2:7 **assume** [1] - 26:22 **assuming** [1] - 16:4 **attain** [2] - 9: 11 , 9: 13 **attainment** [3] - 9:21 , 9:23, 21 : 15 **attainment /**  

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## 1

**maintenance** [1] - 21 :8 **attendance** [1] - 6:5 **attended** [1] - 14: 19 **attending** [1] - 25: 13 **attorney** [2] - 30: 12, 30: 15 **Au gust**  [4] - 14 : 11 , 27:22, 27:23, 27:24 **available** [3] - 16:1, 24: 14, 24 : 19 

### B

**bachelor** [1] - 7:22 **background** [1] - 7:21 **based** [3] - 11 :9, 18:1, 18: 15 **basis** [1] - 20 :2 **BATES** [12] - 3:4, 7:1, 20 : 15, 20 :21 , 23:2, 23:4, 23: 14, 23:21 , 23:23, 24 : 16, 28:22, 28:25 **Bates** [4] - 4:5, 5: 10, 6: 19, 7:6 **BE** [1] - 1: 13 **becomes** [1] - 6: 11 **behind** [1] - 9:8 **below** [1] - 10 :24 **BERNALILLO** [1] - 30:3 **Bill** [2] - 5:7, 18: 19 **BILL** [1] - 2:7 **bill**

**. grantham** **@ state** 
**. nm** **. us**  [1] - 2: 11 **bit** [1] - 20 : 16 **BOARD** [1] - 1:1 **board** [2] - 22 : 19 **Board** [14] - 1: 14, 2:2, 3:7, 5:6, 6: 12, 6:20, 7: 10, 7: 14, 8:22, 14:21 , 14 :23, 15: 12, 22: 13, 25:1 **Board 's**  [1] - 5:24 **bottom** [1] - 27:6 **briefly** [2] - 8:4, 8: 19 **buffer** [3] - 17: 18, 18:2, 19:3 **built** [1] - 19:1 **Bureau** [5] - 5: 10, 5: 11 , 7: 17, 8:5, 8:6 **Business** [1] - 1: 15 **BY** [1] - 7:5

### C

**carbon** [1] - 26:3 **catch** [1] - 27: 12 **CCR** [1] - 30 :20 **Center** [1] - 1: 15 **certify** [1] - 30:7 **Chair** [4] - 5:5, 5: 13, 8:22, 25:22 **change** [3] - 11 : 17, 28: 12, 28: 17 **changes** [6] - 8:23, 9:3, 9:5, 11 : 14, 26: 14, 28:21 **character** [1] - 22:22 **CHERYL** [1] - 30 :6 **Cheryl** [1] - 6:9 **chief** [1] - 5: 10 **choosing** [1] - 11 : 11 **circulation** [1] - 14:9 **circumstances** [1] - 22:21 **City** [4] - 1: 15, 14 : 11 , 27:21 , 27:25 **Civil** [1] - 5:25 **Clean** [6] - 9: 10, 10: 12, 10 : 17, 13:22, 20:5, 20:6 **clear** [2] - 16:21 , 17:4 **close** [2] - 13: 14, 25:21 **closing** [2] - 25:3, 25:8 **coming** [2] - 7: 11 , 25: 10 **commented** [2] - 16: 15, 16: 16 **Comments** [1] - 4: 17 **comments** [6] - 14: 14, 14 : 16, 15:25, 16: 11 , 16: 18 **Commission** [1] - 30:22 **community** [1] - 8:7 **compliance** [3] - 9: 11 , 9:24, 13:5 **compliment** [1] - 16:22 **concentrations** [1] - 13: 14 **concern** [1] - 19:25 **conclusion** [1] - 14:20 **conduct** [2] - 8:9, 13:23 **conducted** [1] - 5:23 **Conference** [1] - 1: 15 **conform** [1] - 27: 19 **confused** [1] - 18:23 **confusing** [2] - 18: 18, 18:24 **consider** [1] - 5: 17 **consistent** [1] - 27: 14 **contained** [2] - 14: 13, 14 :24 **contaminants** [4] - 23: 19, 24 :3, 24: 13, 24: 15 **contingency** [7] - 20:9, 20: 13, 20: 17, 21 :1, 23:8, 23:9, 24 :8 **control** [1] - 24 : 15 **Control** [1] - 22 : 11 **controls** [1] - 9: 16 **CO OKE**  [24] - 3:4, 7:1, 7:4, 15:21 , 16:6, 16: 12, 16: 14, 16: 16, 16:24, 17:3, 17:7, 17: 13, 18: 18, 18:24, 19:9, 19: 17, 20:20, 21 :6, 21 :22, 22:2, 22:6, 23:3, 23:22, 28:24 **Cooke** [8] - 3:5, 4:4, 4: 19, 5:4, 5:9, 7:7, 7:9, 15:1 **cookie** [1] - 18:21 **copper** [1] - 28:8 **copy** [3] - 6: 10, 8:1, 9:3 **correct** [1] - 17:7 **counsel** [2] - 30: 13, 30: 16 **Counsel** [2] - 2:7, 2:8 **CO UNTY**  [2] - 1:5, 30:3 **County** [23] - 1: 14, 4:6, 4:9, 5:3, 5: 19, 8: 12, 8:25, 9:1, 9:5, 9: 17, 10:3, 10 :6, 10: 14, 11 :5, 11 : 11 , 11 : 12, 12 :5, 14: 17, 14:21 , 19: 14, 26:3, 26:23, 27: 10 **couple** [1] - 17:22 **Court** [1] - 6:9 **court** [1] - 6: 11 **credibility** [1] - 6:7 **criteria** [2] - 9: 13, 28: 15 **criterion** [1] - 22 : 14 **cross** [2] - 6:5, 25:6 **cross -** **examination** [1] - 6:5 **cross -** **examine** [1] - 25:6 **current** [3] - 7: 18, 11 : 19, 12 : 15 

### D
**Daily** [3] - 14 : 11 , 27:21 , 27:25 **data** [4] - 9:24, 13: 16, 13:21 , 20 :7 **date** [1] - 17: 10 **deals** [1] - 24 : 16 **DEBORAH** [1] - 2:3 **decided** [1] - 18: 10 **decision** [1] - 13: 17 **decorum** [1] - 6:2 **deems** [1] - 22 :20 **defined** [1] - 28: 10 **degree** [3] - 7:22, 7:24, 22:22 **deliberation** [1] - 25:23 **deliberations** [1] - 25:25 **Department** [15] - 2:6, 2:8, 5:8, 5:21 , 7: 16, 10:5, 11 : 14, 11 : 18, 12 : 12, 13:3, 14:5, 14: 18, 14:20, 15: 13, 24 :5 **Department 's**  [1] - 8:23 **describe** [1] - 8: 19 **described** [1] - 19:6 **design** [1] - 7:23 **designate** [1] - 9: 14 **designated** [1] - 9: 17 **deterioration** [1] - 13: 19 **Deterioration** [2] - 11 :25, 13: 10 **determine** [1] - 13:23 **develop** [3] - 8:6, 8:8, 17: 17 **developed** [2] - 8: 12, 10: 15 **developing** [2] - 17: 17, 19:2 **DIOXIDE** [1] - 1:5 **Dioxide** [7] - 4:6, 5:3, 5: 19, 8: 13, 26:3, 26:24, 27: 11 **dioxide** [23] - 8:25, 9: 19, 10:2, 10 :7, 11 :5, 11 :6, 11 :8, 11 :9, 11 : 19, 11 :21 , 12 :5, 12:6, 12:7, 12 : 10, 12: 11 , 12 : 12, 12 : 14, 12: 17, 12 : 19, 24 : 17, 26:3, 27: 17 **direct** [1] - 6: 18 **Direct** [1] - 3:5 **DIRECT** [1] - 7:4 **directly** [1] - 6: 10 **disapprove** [2] - 15: 18, 15: 19 **discussion** [2] - 26:8, 29:7 **dismantled** [1] - 19:8 **dispersion** [1] - 13:1 **distance** [1] - 7: 12 **Division** [1] - 7: 16 **docketed** [1] - 5:21 **documented** [1] - 24: 19 **done** [2] - 13: 12, 21 : 16 **down** [1] - 25: 10 **draft** [4] - 15:22, 16:1, 17:6, 19:5 **Drive** [1] - 2:9 **duly** [2] - 7:2, 30 :9 **during** [1] - 16:1 **duties** [1] - 8:4 

### E

**East** [1] - 1: 15 **economic** [4] - 23: 18, 24 :2, 24: 12, 24:22 **editor** [1] - 17:3 **educational** [1] - 7:21 **effects** [1] - 13:24 **EIB** [3] - 1:3, 5:1, 5:22 **EIB 's**  [1] - 14 :7 **eliminating** [1] - 24: 12 **emission** [5] - 9: 15, 12:4, 14:1, 19: 13, 20: 10 **emissions** [12] - 11 : 10, 12 :7, 12: 10, 13:4, 13:24, 19: 10, 19: 18, 21 : 13, 21 : 14, 24: 17, 24 : 18 **employed** [2] - 30: 13, 30 : 16 **employee** [1] - 30 : 15 **end** [1] - 17: 10 **ended** [1] - 18:6 **English** [1] - 14 : 10 **ensure** [1] - 13:4 **entitled** [1] - 1: 13 **Environment** [7] - 2:6, 2:8, 5:8, 5:21 , 7: 15, 10:5, 24 :5 

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## 2

**ENVIRONMENTAL** [1] - 1:1 **environmental** [3] - 5:9, 7:22, 22 : 19 **Environmental** [3] - 1: 14, 2:2, 7: 16 **EPA** [19] - 4: 11 , 4: 17, 9: 14, 9: 17, 10 :5, 10:8, 10: 13, 10 :23, 11 :1, 11 :3, 11 : 18, 14: 14, 15: 18, 17: 19, 18:2, 18: 12, 19:1, 19: 19, 19:20 **EPA 's**  [2] - 13:9, 14: 15 **equipment** [1] - 24: 14 **established** [1] - 24: 18 **evaluate** [1] - 12:6 **event** [1] - 12:8 **eventually** [1] - 6: 11 **evidence** [1] - 15:9 **Evidence** [1] - 6:1 **Examination** [1] - 3:5 **EXAMINATION** [1] - 7:4 **examination** [2] - 3:7, 6:5 **examine** [1] - 25:6 **examined** [1] - 7:3 **exceed** [1] - 20: 10 **exceedance** [3] - 10:2, 10:24, 19:22 **excuse** [1] - 7:6 **exhibit** [1] - 15:3 **Exhibit** [15] - 8:3, 8: 16, 9:4, 10 : 10, 11 :4, 12:1, 12:2, 14 : 13, 14: 15, 14 :25, 15:3, 17:5, 17: 11 , 17: 13, 22:8 **Exhibits** [2] - 15:6, 15:8 **existing** [1] - 11 :24 **expecting** [1] - 18:6 **expensive** [1] - 24: 19 **experience** [1] - 24: 14 **Expires** [2] - 30:20, 30:22 **explain** [4] - 9:7, 10:20, 12 :21 , 18: 19 

### F
**facility** [1] - 13:4**facts** [1] - 22:20 **favor** [2] - 26:9, 29:8 **Fe** [1] - 2: 10 **February** [1] - 10:4 **Fed** [1] - 4:8 **Federal** [1] - 17:25 **federal** [1] - 16:4 **few** [2] - 21 : 13, 26: 14 **figured** [1] - 5: 14 **filed** [1] - 5:20 **final** [1] - 17: 14 **financially** [1] - 30: 16 **first** [7] - 7:2, 16:21 , 17:9, 21 :9, 26: 19, 27:6 **five** [1] - 11 :9 **follow** [1] - 26:21 **following** [1] - 16:9 **follows** [1] - 7:3 **FOR** [1] - 1:5 **foregoing** [2] - 30:7, 30:8 **frame** [3] - 16:5, 17:20, 18:20 **Francis** [1] - 2:9 **FULFER** [2] - 2:3, 26:6 **full** [1] - 18: 14 

### G

**GA IL**  [3] - 3:4, 7:1, 7:4 **Gail** [5] - 3:5, 4:4, 4: 19, 5:9, 7:9 **general** [1] - 14 :9 **General** [2] - 2:7, 2:8 **generally** [1] - 13:25 **given** [3] - 15:22, 18:1, 30: 12 **grace** [1] - 18: 16 **GRA NT**  [1] - 1:5 **Grant** [23] - 1: 14, 4:6, 4:9, 5:3, 5: 19, 8: 12, 8:25, 9:1, 9:5, 9: 17, 10:3, 10:6, 10 : 14, 11 :5, 11 : 11 , 11 : 12, 12:5, 14: 16, 14:21 , 19: 14, 26:2, 26:23, 27: 10 **GRA NTHAM**  [9] - 2:7, 5:5, 6: 16, 7:5, 15:1, 15: 10, 16:25, 25:7, 26:25 **Grantham** [5] - 3:6, 5:4, 5:7, 6: 14, 25:3 **great** [1] - 23:24 **GREGORY** [1] - 2:3 **guess** [2] - 21 :2, 27: 14 **guidance** [4] - 11 :2, 17: 16, 18:1, 19:2 **Guidance** [1] - 4: 11 **Guidelines** [1] - 13:9 

### H
**happy** [1] - 16: 17 **hard** [1] - 11 :7 **health** [3] - 22 :23, 23: 10, 24 :7 **Hearing** [5] - 2:4, 5:6, 5: 13, 6: 16, 25:7 **hearing** [12] - 1: 14, 4: 15, 5:1, 5: 17, 5:23, 6:8, 8: 11 , 8: 15, 25: 11 , 25:20, 25:21 , 27:21 **held** [3] - 5: 17, 14: 18, 25: 11 **help** [1] - 23:20 **helpful** [1] - 23:23 **hereby** [1] - 30 :7 **hereto** [1] - 30 : 16 **Highway** [1] - 1: 15 **history** [1] - 9:8 **Holt** [1] - 29:4 **HO LT**  [12] - 2:5, 26:2, 26: 15, 26: 18, 27:2, 27: 10, 27: 13, 27: 17, 27:24, 28:3, 28:5, 29:6 **hopefully** [2] - 16:6 **hour** [1] - 1: 15 **house** [1] - 14 : 18 **Hurley** [6] - 11 :20, 12: 13, 19:8, 28:8, 28:9, 28: 10

### I
**impact** [1] - 16:5 **impacts** [1] - 13:25 **Implementation** [3] - 5:2, 5: 18, 8:24 **implementation** [2] - 8:7, 10 : 12 **IMPLEMENTATION** [1] - 1:4 **impose** [1] - 9: 15 **improvement** [1] - 22: 19 **IMPROVEMENT** [1] - 1:1 **Improvement** [2] - 1: 14, 2:2 **IN** [1] - 1:4 **included** [7] - 8:1, 9:3, 10 :9, 14 :3, 14: 15, 16: 17, 17:25 **including** [3] - 17:6, 22:21 , 23: 17 **inconvenience** [1] - 25: 12 **incorporated** [3] - 14: 16, 15:25, 16: 18 **incorporating** [1] - 16: 10 **increase** [1] - 12 :9 **indicate** [1] - 12:9 **initial** [1] - 10 : 13 **initiative** [1] - 8:7 **injury** [3] - 22:22, 23:6, 23:7 **instead** [3] - 11 :21 , 18: 14, 28: 13 **intent** [1] - 8:2 **interest** [2] - 23: 17, 24:6 **interested** [1] - 30 : 17 **interests** [1] - 24 :7 **interference** [1] - 22:23 **introduced** [1] - 6: 17 **inventory** [1] - 19: 18 **involved** [2] - 24 : 13, 24: 15 **involvement** [1] - 8: 10 **issued** [3] - 11 :3, 13: 11 **IT** [1] - 1: 13 **item** [1] - 5:1 

### J

**JOHN** [1] - 2:4 **July** [4] - 14 : 12, 17:5, 27:22, 28:3 **jurisdiction** [1] - 24:5 

### K
**Kathy** [1] - 6:9 

### L

**lack** [1] - 11 :9 **language** [1] - 8:8 **large** [1] - 14 :1 **last** [2] - 10:1, 26: 19 **least** [1] - 9:22 **left** [1] - 25: 19 **length** [1] - 18: 12 **less** [1] - 11 :1 **level** [1] - 10 :24 **levels** [2] - 11 :8, 20: 10 **License** [1] - 30:20 **likely** [1] - 20:3 **LIMITED** [1] - 1:5 **Limited** [18] - 4:6, 4: 11 , 5:3, 5: 19, 8: 13, 9:5, 10 : 14, 10 : 18, 14: 17, 14 :22, 14 :24, 15:23, 17:1, 24:9, 25: 15, 26:3, 26:24, 27: 11 **limited** [10] - 10:21 , 11 :2, 11 :3, 11 : 12, 19: 14, 21 :4, 21 : 12, 22:21 , 27:8, 27: 15 **line** [2] - 26: 19, 28: 13 **list** [1] - 28: 14 **local** [1] - 22 : 19 **located** [5] - 11 :20, 12:5, 19: 13, 23:25, 28:8 **location** [1] - 25: 11 **look** [3] - 19: 17, 19:24, 20 :2 **looking** [2] - 22 :8, 24:7 **looks** [1] - 15: 17 

### M

**machine** [1] - 30: 10 **Madam** [2] - 5:5, 8:22 **main** [2] - 8:6, 17:24 **maintain** [2] - 9: 11 , 9: 14 **MAI NTENANCE**  [1] - 1:5 **Maintenance** [21 ] - 4:7, 4: 10, 4: 11 , 5:4, 5: 19, 8: 13, 9:2, 9:5, 10:6, 10: 15, 10: 19, 14: 17, 14 :22, 14 :24, 15:23, 17:1, 24:9, 25: 15, 26:4, 26:24, 27: 11 **maintenance** [26] - 8:25, 9:21 , 10 : 12, 10: 14, 10 :23, 11 :2, 11 :3, 11 :6, 11 : 11 , 11 : 12, 11 : 13, 11 : 15, 12:6, 14:3, 16: 19, 17: 15, 17: 17, 19: 14, 20:6, 21 :4, 21 : 10, 21 : 11 , 21 : 12, 21 : 16, 27: 14, 27: 17


### KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street , Northwest , Albuquerque , New Mexico 87102

( 505 ) 243

- 5018

- Fax ( 505 ) 243

- 3606 

## 3

**major** [9] - 11 :6, 11 : 10, 12 :4, 19: 13, 19: 17, 19:24, 20 :21 , 23:5 **majority** [1] - 28: 17 **master** [1] - 7:23 **MATTER** [1] - 1:4 **matter** [2] - 1: 13, 6:6 **matters** [1] - 6:6 **MATTHEW** [1] - 2:5 **mean** [2] - 15: 17, 18:4 **measure** [1] - 20:9 **measures** [4] - 20: 14, 23:8, 23:9, 24:8 **meet** [2] - 20: 18, 24:21 **meets** [1] - 24 :21 **Member** [2] - 29:4, 29:5 **members** [6] - 5:6, 7: 11 , 8:22, 14 : 19, 15: 12, 25:5 **Memorial** [1] - 1: 14 **memory** [1] - 23:24 **mentioned** [2] - 12:23, 15:4 **methodology** [5] - 11 :22, 11 :23, 12 :8, 12: 19, 19:21 **methods** [1] - 24: 14 **MEXICO** [2] - 1:1, 30:1 **Mexico** [15] - 1: 14, 1: 15, 2:6, 2:8, 2: 10, 7: 15, 8:24, 10 :1, 10:3, 10:4, 11 :20, 14:9, 14: 12, 24 :2, 28:1 **Mexico 's**  [1] - 11 : 11 **MI CHAEL**  [1] - 2:4 **might** [1] - 23:21 **modeled** [1] - 13: 16 **modeling** [7] - 12:2, 12:21 , 13:1, 13:3, 19: 11 , 21 :25, 22 :6 **modified** [3] - 12 :3, 13:2, 13:8 **monitor** [5] - 12 : 13, 12: 14, 12 : 17, 19:20, 20:8 **monitored** [2] - 10:1, 11 :7 **Monitoring** [1] - 13:9 **monitoring** [11 ] - 9:24, 11 :20, 11 :21 , 12:3, 12:22, 13:8, 13:12, 13: 18, 13:21 , 13:23, 20 :7 **months** [4] - 15: 18,16:4, 16:7, 17:22 **MORROW** [3] - 2:4, 26:5, 27:6 **most** [2] - 7: 12, 20 :2 **motion** [2] - 26:1, 29:2 **move** [3] - 15:5, 25:25, 26:2 **moved** [2] - 20 : 12, 22:3 **moves** [1] - 19:1 **MR** [32] - 5:5, 5: 14, 6: 16, 7:5, 15:1, 15:7, 15: 10, 15: 11 , 15: 16, 16:3, 16:8, 16:25, 24:25, 25:7, 25: 17, 26:2, 26:5, 26:6, 26: 15, 26: 18, 26:25, 27:2, 27:3, 27:6, 27: 10, 27: 13, 27: 16, 27: 17, 27:24, 28:3, 28:5, 29:6 **MS** [70] - 5:1, 5: 12, 15: 14, 15:21 , 16:6, 16:9, 16: 12, 16: 13, 16: 14, 16: 15, 16: 16, 16:20, 16:24, 17:1, 17:3, 17:4, 17:7, 17:8, 17: 13, 18: 17, 18: 18, 18:23, 18:24, 19:5, 19:9, 19: 10, 19: 17, 20: 15, 20 :20, 20 :21 , 21 :2, 21 :6, 21 : 19, 21 :22, 21 :24, 22 :2, 22:5, 22:6, 22 :7, 23:2, 23:3, 23:4, 23: 11 , 23: 14, 23: 15, 23:21 , 23:22, 23:23, 24 : 10, 24: 16, 24 :23, 25:24, 26:7, 26: 11 , 26: 16, 27:1, 27:5, 27:8, 27: 12, 27:23, 28:1, 28:4, 28:6, 28:22, 28:23, 28:24, 28:25, 29:2, 29:7, 29: 10 **must** [4] - 9: 14, 9: 15, 20:7, 20: 18 

### N

**N- 4050**  [1] - 2:9 **name** [2] - 7:7, 7:9 **National** [10] - 9: 12, 9: 18, 9:25, 10 :2, 10:25, 12 : 11 , 12 : 16, 13:5, 13: 14, 20: 11 **necessary** [1] - 6:2 **negligible** [1] - 11 :7 **NEW** [2] - 1:1, 30 :1 **new** [7] - 12:3, 13:2, 13:8, 16: 10, 19: 11 , 22:1, 22:3 **New** [16] - 1: 14, 1: 15, 2:6, 2:8, 2: 10, 7: 15, 8:24, 10:1, 10 :3, 10 :4, 11 : 11 , 11 :20, 14 :9, 14: 12, 24 :2, 28:1 **newspaper** [1] - 14:8 **next** [1] - 21 :3 **NMAC** [3] - 4: 13, 4: 14, 5:25 **NMED** [3] - 4:3, 4: 18, 15:8 **NMED 's**  [2] - 4:20, 29:3 **NMSA** [1] - 22 : 11 **nonattainment** [6] - 9: 15, 9: 18, 9:22, 10 :7, 10:23, 21 :7 **none** [2] - 16:23, 21 : 13 **normally** [1] - 22 : 13 **NO TARY**  [1] - 30 : 19 **notice** [9] - 4: 16, 8:2, 14:5, 14:8, 14 : 10, 15:24, 16:2, 17:25, 27:20 **notices** [1] - 14 : 13 **November** [1] - 4: 12 **number** [4] - 22 :9, 22:22, 23: 17, 24 : 11 **Number** [1] - 30 :20 

### O

**oath** [2] - 6:3, 8: 17 **obtain** [1] - 6: 10 **occur** [1] - 19: 15 **October** [1] - 1: 13 **OF** [6] - 1:1, 1:4, 1: 12, 7:4, 30 :1, 30:3 **Office** [1] - 2:8 **office** [1] - 6: 12 **officer** [1] - 30 :6 **Officer** [5] - 2:4, 5:6, 5: 13, 6: 16, 25:7 **once** [1] - 18:20 **one** [7] - 6: 18, 11 : 16, 12: 13, 12 : 14, 19:23, 20: 13, 22 : 16 **open** [2] - 14: 18, 25: 19 **opening** [1] - 5: 15 **Operating** [1] - 11 :25 **opposed** [2] - 26: 11 , 29: 10 **order** [3] - 15:5, 23:6, 28: 17 **Order** [3] - 4:20, 26: 13, 29:3 **orders** [1] - 6:1 **originally** [1] - 19: 19 **outreach** [1] - 8:9 

### P

**pace** [1] - 18:25 **page** [2] - 17:9, 19:5 **PAGE** [1] - 3:2 **paragraph** [11 ] - 17:9, 26: 19, 27:7, 27: 13, 27: 19, 28:7, 28:9, 28: 11 , 28: 12, 28: 14, 28:23 **part** [2] - 18: 10, 22:25 **Part** [2] - 12 :22, 12:23 **particular** [1] - 13:4 **parties** [2] - 30: 14, 30: 16 **past** [1] - 11 :9 **PEACOCK** [40] - 2:3, 5:1, 5: 12, 15: 14, 16:9, 16: 13, 16: 15, 16:20, 17:1, 17:4, 17:8, 18: 17, 18:23, 19:5, 19: 10, 21 :2, 21 : 19, 21 :24, 22 :5, 22:7, 23: 11 , 23: 15, 24 : 10, 24:23, 25:24, 26:7, 26: 11 , 26: 16, 27:1, 27:5, 27:8, 27: 12, 27:23, 28:1, 28:4, 28:6, 28:23, 29:2, 29:7, 29: 10 **Peacock** [1] - 29:5 **percent** [2] - 10:24, 12: 15 **period** [8] - 16:2, 17: 19, 18:2, 18:5, 18: 13, 18: 16, 21 :21 , 21 :23 **periods** [1] - 21 : 18 **Permits** [1] - 12 :1 **permits** [2] - 12:3, 13:3 **permitting** [1] - 13: 17 **person** [1] - 6:5 **personally** [1] - 30: 10 **persons** [1] - 6:4 **petition** [1] - 5:20 **place** [2] - 20 :9, 23:9 **plan** [22] - 9:1, 9:8, 10: 14, 10 : 16, 11 :1, 11 :2, 11 : 12, 11 : 15, 14:3, 16: 19, 17: 15, 17: 17, 19:6, 20: 17, 21 :1, 21 : 10, 21 : 11 , 21 : 12, 21 : 16, 24 : 16, 27: 14, 27: 18 **PLA N**  [2] - 1:4, 1:5 **Plan** [23] - 4:7, 4: 10, 5:3, 5:4, 5: 18, 5:20, 8: 13, 8:24, 9:2, 9:6, 10:6, 10: 15, 10: 19, 14: 17, 14 :22, 14 :24, 15:23, 17:2, 24:9, 25: 16, 26:4, 26:24, 27: 11 **planner** [1] - 5:9 **planning** [1] - 7:24 **Planning** [1] - 5: 11 **plans** [6] - 8:7, 10: 13, 11 :3, 19:3, 21 :4, 21 : 17 **Plans** [1] - 4: 12 **pleased** [1] - 17:2 **point** [4] - 11 : 10, 15:5, 21 :2, 21 : 14 **pollutants** [1] - 9: 13 **position** [1] - 7: 19 **postconstruction** [6]

- 12 :2, 12:22, 13:8, 13: 12, 13: 18, 13:21 **potential** [2] - 12 : 10, 23:7 **practicability** [2] - 24: 11 , 24 :22 **predicted** [1] - 13: 13 **present** [1] - 8:23 **preserve** [1] - 6:2 **Press** [3] - 14 : 11 , 27:21 , 27:25 **pretty** [1] - 18:8 **Prevention** [2] - 11 :24, 13: 10 **prevention** [1] - 13: 19 **previous** [2] - 12 :23, 24: 13 **Procedure** [1] - 5:25 **procedures** [1] - 5:24 **proceed** [2] - 6:20, 6:21 **proceeding** [2] - 30:7, 30: 14 **PROCEEDINGS** [1] - 1: 12 **Proceedings** [1] - 29: 13 **process** [1] - 21 :9 **projects** [1] - 8:8 **property** [1] - 22 :24 **proposal** [1] - 14 :6 

### KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street , Northwest , Albuquerque , New Mexico 87102

( 505 ) 243

- 5018

- Fax ( 505 ) 243

- 3606 

## 4

**proposed** [25] - 4: 18, 5:2, 5: 18, 8: 12, 8:23, 9:3, 9:4, 9:5, 9:7, 10: 14, 14 :3, 14: 16, 14:21 , 14 :24, 15:4, 15:22, 16: 19, 22 :9, 22: 10, 26:2, 26:20, 27:4, 27:8, 27: 10, 29:4 **PROPOSED** [1] - 1:4 **Proposed** [3] - 4:20, 26: 13, 29:3 **proposing** [1] - 11 : 14 **protect** [1] - 23: 10 **protected** [1] - 24:6 **Protection** [1] - 7: 16 **provide** [2] - 8: 14, 14:5 **provisions** [1] - 14 :2 **public** [10] - 6: 11 , 8:9, 14 :5, 14 : 19, 15:24, 16:2, 23: 17, 24:6, 24:8, 25:5 **PUBLIC** [1] - 30 : 19 **publication** [1] - 4: 15 **published** [3] - 14:8, 14: 10, 27:21 **purpose** [2] - 8:20, 23: 12 **put** [1] - 28: 10 **puts** [1] - 22 : 13 

### Q
**Quality** [15] - 5: 10, 5: 11 , 7: 17, 8:5, 9: 12, 9: 19, 9:25, 10 :3, 10:25, 12 : 11 , 12 : 16, 13:5, 13: 15, 20: 11 , 22: 11 **quality** [5] - 9:24, 11 :20, 12 :3, 13:2, 13:24 **questions** [7] - 6: 19, 15:2, 15: 10, 15: 12, 24:24, 25:1, 25: 13 **quickly** [2] - 17:22, 18:9 **quite** [2] - 7: 12, 25: 12 

### R

**read** [2] - 22 : 16, 27:9 **readily** [1] - 24 : 19 **reads** [2] - 22: 18, 26:20 **really** [4] - 7: 11 ,16:4, 17:2, 23:6 **reason** [7] - 13: 13, 15: 19, 17:24, 18:9, 18: 10, 19:3, 25: 18 **reasonableness** [2] - 24: 12, 24 :22 **Reasons** [3] - 4:21 , 26: 14, 29:4 **reasons** [3] - 15:4, 22:9, 26:20 **received** [3] - 4: 17, 14: 14, 15:24 **recommend** [1] - 14:21 **recommends** [1] - 13: 11 **record** [8] - 5:7, 5: 14, 6: 12, 7:8, 16:25, 25: 18, 25:21 , 30 : 11 **recorded** [3] - 6:8, 10:1, 30: 10 **rectify** [1] - 9: 16 **redesignate** [1] - 21 :8 **redesignation** [2] - 9:21 , 11 :1 **Redesignation** [1] - 10:5 **reducing** [2] - 24 : 12, 24: 18 **refer** [2] - 9:1, 9:4 **reference** [1] - 20:25 **referred** [3] - 10: 18, 10:20, 28:9 **refers** [1] - 11 :2 **Reg** [1] - 4:8 **Region** [1] - 14 : 15 **region** [1] - 13: 13 **regional** [1] - 7:24 **Register** [5] - 14:9, 14: 12, 17:25, 27:22, 28:1 **regulations** [2] - 14:7, 22: 18 **regulatory** [2] - 8:8, 14:2 **reinstated** [1] - 12 : 19 **related** [1] - 30: 13 **relative** [1] - 30 : 15 **relocate** [1] - 12 : 12 **REMEMBERED** [1] - 1: 13 **removal** [1] - 11 : 19 **remove** [1] - 19:20 **removed** [2] - 12: 18, 20:8 **repeal** [3] - 26:20, 26:23, 27:4 **replace** [1] - 26:23 **reporter** [1] - 6: 11 **Reporters** [1] - 6:9 **representing** [1] - 5:8 **request** [3] - 9:20, 14:23, 25: 15 **Request** [1] - 10 :6 **requested** [1] - 19: 19 **requesting** [2] - 11 : 16, 11 : 18 **require** [3] - 13:8, 13: 17, 14 :8 **required** [6] - 10 : 11 , 10: 16, 13:1, 13:3, 19: 11 , 24 :20 **requirement** [1] - 25: 10 **requirements** [9] - 11 :24, 12 :22, 13:21 , 20:6, 20: 17, 20: 18, 20:22, 20 :23, 22 : 11 **requires** [1] - 9: 10 **respectfully** [1] - 14:23 **responses** [2] - 26: 10, 29:9 **Resume** [2] - 4:4, 4:5 **resume** [1] - 8:1 **review** [2] - 12 :4, 19: 13 **reviewed** [1] - 13:20 **revise** [1] - 10: 12 **revised** [1] - 27: 13 **revision** [1] - 10 : 16 **revisions** [3] - 4: 18, 5:2, 5: 18 **REVISIONS** [1] - 1:4 **rid** [1] - 21 :3 **rigorous** [1] - 11 :1 **RITA** [2] - 3:4, 7:1 **Rita** [2] - 4:5, 5: 10 **rulemaking** [3] - 5:20, 5:24, 14 :7 **Rules** [2] - 5:25 **rules** [1] - 24 :1 

### S

**Santa** [1] - 2: 10 **satisfy** [2] - 10 : 15, 22: 10 **saw** [1] - 23:20 **second** [4] - 21 : 11 , 26:5, 26:6, 29:6 **section** [1] - 5: 10 **Section** [7] - 5: 11 , 10: 11 , 10 : 16, 13:7, 13:22, 19:6, 22: 12 **see** [2] - 19:25, 25:5 **seeing** [2] - 25:20, 27:1 **September** [2] - 4:8, 10:9 **set** [1] - 5:24 **several** [2] - 18: 19, 18:20 **shall** [1] - 22 :20 **shorthand** [1] - 30: 10 **shutdown** [1] - 16:4 **Significant** [2] - 11 :25, 13: 10 **significant** [2] - 12 :9, 13: 19 **Silver** [4] - 1: 15, 14: 11 , 27:21 , 27:24 **Simultaneous** [2] - 26: 10, 29:9 **SIP** [2] - 4: 18, 5:4 **situation** [1] - 9: 16 **six** [1] - 9: 12 **slow** [1] - 18:25 **smart** [1] - 18:21 **smelter** [4] - 19:8, 28:8, 28:9, 28: 11 **SO** [1] - 23:5 **SO 2**  [3] - 19: 13, 23:5, 28: 12 **social** [2] - 23: 18, 24:2 **sometimes** [1] - 19:1 **sorry** [3] - 9:23, 18:22, 27:2 **source** [5] - 19:21 , 21 :5, 22:1, 22 :3, 24 :4 **sources** [22] - 11 :7, 11 : 10, 12 :5, 13:9, 13:23, 14 :1, 19: 12, 19: 13, 19: 17, 19:25, 20:1, 20:3, 20 : 18, 20:21 , 20 :24, 23:5, 23: 18, 23:25, 24 :1, 24:3, 24: 13, 24:20 **Spanish** [1] - 14 : 11 **ss** [1] - 30 :2 **St** [1] - 2:9 **staff** [1] - 13: 17 **stand** [2] - 15: 10, 25: 14 **standard** [1] - 9: 14 **Standard** [5] - 9: 19, 10:3, 10:25, 12: 11 , 12: 16 **standards** [1] - 24 :21 **Standards** [5] - 9: 12, 9:25, 13:6, 13: 15, 20: 11 **started** [1] - 6: 14 **state** [8] - 7:7, 8:7, 9: 15, 10: 12, 13:7, 20: 19, 24 :4, 24:20 **STATE** [3] - 1:1, 1:4, 30:1 **State** [2] - 5:2, 5: 18 **Statement** [4] - 4:20, 8:24, 26: 13, 29:3 **statement** [3] - 5: 16, 15:4, 22:9 **statements** [2] - 25:4, 25:8 **States** [1] - 9: 11 **states** [2] - 9:20, 10: 11 **statewide** [2] - 19: 15, 19: 18 **status** [1] - 21 : 16 **statutory** [2] - 22: 10, 25: 10 **step** [2] - 21 :3, 21 :9 **still** [1] - 19: 11 **strike** [1] - 26:22 **subject** [5] - 6:4, 6:6, 8: 10, 24:1, 28: 15 **subjects** [2] - 23: 19, 24:3 **submit** [2] - 11 :1, 11 : 12 **submittal** [2] - 10 :8, 17: 19 **submitted** [3] - 10 :5, 17: 15, 18:8 **submitting** [1] - 17:23 **subsequently** [1] - 10:8 **suggested** [2] - 26: 14, 28:21 **suggestion** [1] - 28:7 **Suite** [1] - 2:9 **sulfur** [22] - 8:25, 9: 19, 10:2, 10 :7, 11 :5, 11 :6, 11 :8, 11 :9, 11 : 19, 11 :21 , 12 :5, 12:6, 12:9, 12 : 10, 12: 12, 12 : 14, 12 : 16, 12: 17, 12 : 19, 24 : 17, 27: 17 **Sulfur** [7] - 4:6, 5:3, 5: 19, 8: 12, 26:3, 26:23, 27: 10 **SULFUR** [1] - 1:5 **sw orn**  [3] - 6:21 , 7:2, 30:9 

### T

**tasks** [1] - 8:6 **Tech** [1] - 7:25 **technical** [2] - 24 : 11 , 

### KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street , Northwest , Albuquerque , New Mexico 87102

( 505 ) 243

- 5018

- Fax ( 505 ) 243

- 3606 

## 5

24:21 **technology** [1] - 24: 17 **term** [1] - 28: 10 **test** [1] - 24 :22 **testified** [1] - 7:3 **testify** [1] - 27:20 **Testimony** [1] - 4: 19 **testimony** [18] - 6:3, 6:4, 6:6, 6: 18, 6:21 , 8: 14, 8: 17, 8:20, 8:23, 22: 17, 23:1, 23: 15, 25: 14, 27: 19, 28: 15, 30:8, 30: 10, 30: 11 **Texas** [1] - 7:23 **THE** [3] - 1:4, 1:4, 1:5 **third** [1] - 28: 13 **thoroughly** [1] - 13:20 **three** [4] - 9:22, 9:23, 22: 13, 28: 15 **throughout** [3] - 20: 18, 24 :1, 24:20 **TI MO** **THY** [1] - 2:4 **TO** [1] - 1:4 **today** [1] - 8: 17 **Townsend** [1] - 6:9 **transcribed** [1] - 6:8 **TRANSCRIPT** [1] - 1: 12 **transcript** [3] - 6: 10, 30:9, 30: 11 **true** [1] - 30: 11 **turn** [3] - 5: 12, 6: 14, 25:22 **twice** [1] - 18:21 **two** [7] - 17: 18, 18:1, 18:7, 19:3, 21 :9, 21 : 17 **two -** **step** [1] - 21 :9 **two -** **year** [3] - 17: 18, 18:1, 19:3 **type** [1] - 19:2 **typical** [1] - 18:8 **typo** [1] - 26:25 **typos** [1] - 16:22 

### U

**unanimous** [3] - 26: 12, 28: 18, 29: 11 **uncertainties** [1] - 13: 15 **under** [12] - 6:3, 8: 17, 9:20, 10 : 11 , 10: 16, 11 :4, 11 :24, 12: 15, 12 :22, 13:1, 20:6, 24:5 **understood** [1] -27:20 **unfortunately** [1] - 18:25 **unheard** [1] - 17:23 **United** [1] - 9: 11 **University** [1] - 7:23 **up** [3] - 15: 18, 18: 13, 20: 14 **update** [1] - 21 : 16 **urban** [1] - 7:24 **US** [2] - 4: 11 , 4: 17 

### V

**valid** [1] - 13: 13 **value** [2] - 23: 18, 24:2 **values** [1] - 12 : 15 **version** [1] - 16: 10 **Veterans '**  [1] - 1: 14 **Vice** [1] - 5: 13 **Vice -** **Chair** [1] - 5: 13 **vi ewable**  [1] - 6: 12 **vi olation**  [1] - 12 : 11 **Virginia** [1] - 7:24 **vi sibility**  [1] - 22 :23 **Volkerding** [1] - 5: 13 **VOLKERDING** [11 ] - 2:4, 5: 14, 15:7, 15: 11 , 15: 16, 16:3, 16:8, 24:25, 25: 17, 27:3, 27: 16 

### W

**wait** [2] - 21 :21 , 21 :22 **weight** [1] - 22 :20 **welfare** [2] - 22 :23, 23: 10 **witness** [2] - 6: 18, 27:20 **WITNESSES** [1] - 3:3 **witnesses** [4] - 6: 17, 6:21 , 30:8, 30 : 12 **witnesses '**  [1] - 25: 14 **word** [1] - 11 :8 **words** [1] - 26:22 **Written** [1] - 4: 19 **written** [1] - 8: 14 

### Y

**year** [5] - 12: 13, 12: 14, 17: 18, 18:1, 19:3 **years** [9] - 7:20, 9:22, 

### KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street , Northwest , Albuquerque , New Mexico 87102

( 505 ) 243

- 5018

- Fax ( 505 ) 243

- 3606 

## 6

9:23, 10: 13, 11 :9, 17: 18, 18:7, 21 :4, 21 :24 

### Z

**zero** [1] - 19: 10