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 behalf of the 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 of the 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 of a 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 of publication 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 

of the SIP revision is an electronic copy of the submittal provided on disk which I certify to be an 

exact duplicate of the hard copy. 

This SIP revision is being submitted to the Environmental Protection Agency to fulfill all ofNew 

Mexico's requirements under Section 175A of the 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 acid rain. 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, 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 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 request to 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 to attainment 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 areas that 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 Nonclassifiable Ozone Nonattainment Areas,” Memo from Sally L. 

Shaver to EPA regional air directors, Nov. 16, 1994 (see Appendix A of this plan). 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 facility also 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 SO2 emissions. 

** EPA's default rule effectiveness of 80% compliance was applied to the actual emissions data. 

***For the SO2 daily 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 SO2 daily 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 provide modeling to show that future sources and 

emissions will not cause an exceedance 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 in the 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 in the 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 Sulfur 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 must be 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 within close 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. 
Appendix A

/. 

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~,.e1 ~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 1assurance 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. For 
6 

( .. ·· 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) • 
Appendix B

State of New Mexico 

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 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 of Issuance 

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 is 
 

BILL 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 P066R1 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 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 this permit 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, 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 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 be modified, 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 also require 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. This condition 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 TBD 

Misc 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-Fugitive Emission 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 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 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 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 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 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 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 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 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 Conditions 

F-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 PM10

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 as a 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 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 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 (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 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 record keeping 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 Monitoring Activity 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 facsimile. 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 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 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 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.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.html for 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 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 

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 

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 

DERRITH WATCHMAN-MOORE 

DEPUTY SECRETARY 

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 of the 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 of the 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 of the 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. 

If you 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 of Intent 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 of the 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 Chief of the Planning Section of the Air Quality 

Bureau. She has more than 20 years of experience in the environmental field, including fourteen 

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

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 of the direct testimony of each witness In narrative form. ( 

A copy of the direct testimony of Ms. Cooke is attached as NMED Exhibit 10. Ms. 

Cooke will provide a brief swnmary of her 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 of any recommended modifications to the proposed regulatory change. 

The Department does not have any recommended modifications to the proposed 

regulatory change. The Department supports adoption of the 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 of Gail Cooke 

NMEDEx.2 Resume of Rita Bates 

NMEDEx.3 Grant County Sulfur Dioxide Limited Maintenance Plan 

NMEDEx.4 68 Fed. Reg. 54,672 (Sept. 18, 2003)- Approval of Grant 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 of Publication of Hearing Notice 

NMEDEx.9 Comments received from the U.S. EPA on NMED DI"ODosed SIP revisions 

NMEDEx.lO Written Testimony of Gail Cooke 

NMEDEx.II Proposed Statement of Reasons and Order 

6. Reservation of Rights 

This Notice of Intent 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 of intent 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 and Regional Planning, Concentration: Environmental Planning, V"uginia 

Tech, Blacksburg, Virginia, 1998 

Major Project: The Implementation of Virginia Erosion and Sediment Control Laws and 

Regulations. 

Bachelor of Environmental De:sign, Texas A&:M Univer:slty, College Station, Texas, 1995 

Other areas of study include Environmental Science, Soil Science, and Civil Engineering. 

WORK HISTORY 

State of New Mexico 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 of emission 

inventory updates and maintenance plans for the State Implementation Plan submittals; 

development of local 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 of open 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, Budget Deveiopment, and Project Management 

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 of the seven awarded 

grants. As a project manager for these awarded grants, I have been responsible for mnst 

budgetary and contractual related activities. 

Plan and Regulation Development 

. Developed and authored several federally mandated plans on various air quality issues 

throughout New Mexico. 

Exhibit 

NMED1 
Assisted in the development of the 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 of Farmington, NM, Aztec, NM, 

and Bloomfield, NM; San Juan County, NM; the State of New Mexico; and the US 

Environmental Protection Agency. Job duties included plan development, preparation of fact 

sheets and other informational outreach material, the planning of open 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 

of emission inventory; adoption of plan; public outreach. and testifying before the Environments! 

Improvement Board. 

Acted as the lead in the adoption of revisions to 20.2.99 NMAC- Conformity to the State 

Implementation Plan of Transportation Plans, Programs and Projects. The revisions to 20.2.99 

NMAC were in response to amendments made to the federal rule 40 CFR Part 93 -Determining 

Conformity of Federal Actions 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 of this 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 

Environmental Spe<ialist, December 1998- March 2000 

Environmental S<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 

Environmental Ana/yst IV, Reno Office Coordinator/ Manager, July 1994- Ju/y 1996 

EnvironmentaiAna/yst III,Ju/y 1993- Ju/y 1994 

Environmental Ana/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 of the CAA requires states to develop state implementation 

plans (SIPs) to provide for the maintenance of the 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 (I 0) 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) if monitoring data for the 

nonattainment or maintenance area shows monitored air quality is at or below 85 percent of the (~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 of the 24-hour S~ NAAQS for an additional 

I 0 year period after the expiration of the 2003 Grant County S02 Maintenance plan. 

EPA is allowed up to 18 months to approve or disapprove a SIP submittal. To allow for EPA's 

review of the 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 (S02). 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 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 war discontinued 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 of gases 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 of existing 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 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 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 of clean 

data and provide EPA with a maintenance plan and a redesignation request to 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 to attainment 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. 

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 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 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 of the SO. NAAQS for an additional 10 year period after the expiration 

of the 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 of redesignation 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 of SO. for the past 5 

years. Based on the lack of SO. 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 SOzlimited maintenance plan and the state's rulemaking review 

process, while still affording for the I 0 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 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 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 of this plan). In tbe absence of guidance 

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 of S02 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 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 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 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 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 days per 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 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 provide modeling to show that future sources and 

emissions will not cause an exceedance 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 exceedanee 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 in the SIP, and federal measures should provide 

adequate-assurance of maintenance 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 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 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 of the primary or secondary SOz NAAQS 

since 1975 (Su/for 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 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 S02 maintenance area has monitored negligible levels of SOz 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 SOz 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 S02monitoring method will consist of the use ofPSD 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 SOz sources located in the Grant County S02 maintenance area. These 

two methodologies will allow the State to determine if there is a potential violation of the 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 of major 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 S02 monitor at the Hurley, NM monitoring location (35-017-0003-42401-l) or 

at a site expected to read greater S02levels than that site. If the monitored SOz values after one year 

are at or below 50% of the 24-hour or annual S01 NAAQS, or both, the monitor may again be 

removed and the alternative S01 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 of major S02 sources within the maintenance area indicates a potential S01 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 of New 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 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 Sulfur 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 must be developed to correct any 

violations of the SO:l 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 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 of violation of the 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 of air 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 of any 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 

of major 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 of the 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~e1 ~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· ·· ·-- -- · · ·· ... -(_·· 

redesignationt1

• -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-,·Di vis-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. 

2The 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. For 
6 

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 199011 (5.7 FR 13498; April· Ui, (~ ·. 1992). . ) 
( 

(' 

( 

Appendix& 

State of New Mexico 

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 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 this permit 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.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 of Appendix 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 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: 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 of this 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 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: 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 of records 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 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. 

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 of such information directly to the Administrator of the EPA. 

1.2 The issuance of this pennit, 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 7 4, Article 2. 

1.3 If any part of this permit is challenged or held invalid, the remainder of the 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 of every report and compliance certification submitted to the Department as required 

by this pennit. These certifications shall be part of each document. This condition 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 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 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 :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 a e . . <eJ!UJate l dE. tqwpmen tr. or th e I va nh oe C one en trt a or 

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 a e bl 22 E ' ' C t IE t . '· 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 of similar 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 emission units, and their allowable emission limits. 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 .014 .0 14 

LSH-01 .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 conditions, 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 a bl e 3.2.1 Performance Stan dard s £ or Iva nh oe c oncentrator E ~< uipment 

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 of 0.015 

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 of performing 
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 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 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 I 0% 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 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 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. I .6 When requested by the Department, the permittee shall provide schedules of testing 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 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.l 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. 

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 Turblae.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 lor Jvaaboe 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 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. 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 of total sulfur per 100 standard cubic feet (set) 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 (02) 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 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: 

( 

(: 
( 

c 

Permit No: P066Rl 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 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 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 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 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: P066Rl 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.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 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.!.2 NMAC. 

4.2 Unit Specific Recordkeeping Requirements: 

( 
c 

'( 

Permit No: P066Rl Page: 14 of23 

Conditions are pursuant to Subsection C and Paragraph D(l) 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 (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 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 record keeping requirements as set forth in 40CFR60, 

Subpart LL shown here: 

a) The Owner/Operator shall submit a written report of the results of the perfonnance 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 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 of 23 

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 of every 6-month 

Ivanhoe units identified in Table period following the issuance date of pennit 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 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 facsimile. 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 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 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-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. ( , 
( 

:( 

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 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.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 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. 
( 

Pennit No: P066Rl Page: 17 of23 

7.0 EMERGENCIES 

Conditions of 7.0 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 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 bas 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.!.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) c 
(: 

( 

Permit No: P066Rl Page: 1 8 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: P066Rl 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 band-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. 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 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.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 
( 

c· 

Permit No: P066Rl 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 

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 of Portable Analyzers in Performance Tests 

SOP for Contents of Stack Test Reports 

Custom Fuel Monitoring Schedule Attachment A 
Permit 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 Fa dUty 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 of Hurley 

20.2.61.1 09 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: 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 of performance 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 of Performance 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 of Air 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 of the facility as described in this permit. 
c 

Bill RICHARDSON 

GOIIERNOR 

January 6, 2006 

State of New Mexico 

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 of the 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 of the 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 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 of the 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, 

Chief Counsel, 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 (S02) 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 of Contents 

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 of a 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 
Federal Register / Vol. 68, No. 181 / Thursday, September 18, 2003 / Rules and Regulations 54673

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 the 

maintenance 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 NAAQS 

and 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 

Federal Register / Vol. 68, No. 181 / Thursday, September 18, 2003 / Rules and Regulations 54675

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, which 

means 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) * * *

Federal Register / Vol. 68, No. 181 / Thursday, September 18, 2003 / Rules and Regulations 54677

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO 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 FR 

page 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 FR 

page 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.

* * * * *

NEW MEXICO—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-ignationt1

• -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 of a section or 

paragraph. 

[07/20195; 01101100; 20.2.74.5 NMAC- Rn, 20 NMAC 2.74.104, 10/31/02] 

[The latest effective date of any section in this Part is 6/3120 II.) 

20.2.74.6 OBJECTIVE: The purpose of this 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 of this 

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 of emissions of a regulated new source review pollulant 

from an emissions unit, as determined in accordance with Paragraphs (2) through (4) of this 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 of this section shall 

apply for those purposes. 

(2) In general, actual emissions as of a 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 of normal source operation. The department shall allow the use of a different time 

period upon a determination that it is more representative of normal 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 of the unit. 

( 4) For any emissions unit that has not begun normal operations on the pardcular date, actoa1 

emissions shall equal the potential to emit of the unit on that date. 

C. "Administrator" means the administrator of the 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 of the visitor's visual experience of the 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 of the visibility impairments and how these fuctors COITelate with the following: I) 

20.2.74 NMAC 

NMED 

Exhibit#6 
times of visitor use of the class I federal area; and 2) the frequency and timing of natmal 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 of the source (unless the source is subject to federally enforceable limits which restrict the 

operating rate, or hours of operation, or both) and the most stringent of the 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) of the act. 

G. "BaseUne actual emissions" means the rate of emissions, in tons per year, of a 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 of normal 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) of this paragraph. 

(l) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual 

emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during 

any consecutive 24-month period selected by the owner or operator within the I 0-year period immediately preceding 

either the date the owner or operator begins actual construction of the 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, 

if an emission limitation is part of a maximum achievable control technology standard that the administrntor 

proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has 

taken credit for such emissions reductions in an attainment demonstrntion or maintenance plan consistent with the 

requirements of 40 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 if required 

by Subparagraphs (b) and (c) of this paragraph. 

(3) For a new emissions unit, the baseline actual emissions for purposes of detennining the emissions 

increase that will result from the initial construction and operation of such 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) of this 

subsection, for other existing emissions units in accordance with the procedures contained in Paragraph (2) of this 

subsection, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) of this 

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 PM1o; 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) of the act within each federal air quality control 

region in the state of New Mexico. Any baseline area established originally for TSP (total suspended particulates) 

increments shall nemain in effect and shall apply for purposes of determining the amount of available PM10 

increments. A TSP baseline area shall not remain in effect if the 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 of the 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 of sources in existence on the 

applicable minor source baseline date, except as provided in Paragraph (2) of this subsection; 

(b) the allowable emissions of major 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 of this section, at any 

stationary source occurring after the minor source baseline date. 

J. "Begin actual comtruction" means, in general, initiation of physical onsite construction 

activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, 

installation of building sup porta and foundations, laying underground pipework and construction of penn anent 

storage structures. With respect to a change in method of operations, this term refers to those on-site activities other 

than preparatory activities which mark the initiation of the change. 

K "Best available control technology (BACT)" means an emissions limitation (including a visible 

emission standard) based on the maximum degree of reduction 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 of such pollutants. In no event shall application of 

best available conlrol technology result in emissions of any pollutant which would exceed the emissions allowed by 

any applicable standard under 40 CFR Parts {iO and 61. If the department detennines that technological or economic 

limitations on the application of measurement methodology to a particular emissions unit would make the 

imposition of an 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 of such 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 of the 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 of the same person (or persons under common control). Pollutant-emitting activities shall be 

considered as part of the same industrial grouping if they 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 of a 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 of actual on-site construction of the 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 of operation (including 

fabrication, erection, installation, demolition, or modification of an emissions ~mit) that would result in a change in 

emissions. 

P. "ContiJJuous emissions monitoring system (CEMS)" means all of the equipment that may be 

required to meet the data acquisition and availability requirements of this section, to sample, condition (if 

applicable), analyze, and provide a record of emissions on a continuous basis. 

Q. "Continuous emissioDll rate monitoring system (CERMS)" means the total equipment required 

for the detennination and recording of the pollutant mass emissions rate (in terms of mass per unit ofthne). 

R. "ContiJJuous parameter moDitorlng system (CPMS)" means all of the equipment necessary to 

meet the data acquisition and availability requirements of this 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 of supplying more than one-third of its 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 of providing steam to a steam-electric generator that would produce electrical 

energy for sale is also considered in determining the electrical energy output capacity of the affected facility. 

U. "EmlssioDll unit" means any part of a 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 of this section, there are two types of emissions ~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) of this 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 of a 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 of this part is defmed as the aggregate group of the following 

six gases: carbon dioxide, nitrous oxide, methane, bydrofluorocarbons, par fluorocarbons, 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 of a source's stack. 

AA. "Indian governing body" means the governing body of any tribe, band, or group of indians 

subject to the jurisdiction of the United States and recognized by the United States as possessing power of self· 

government 

AB. "Innovative control technology" means any system of air pollntion control that has not been 

adequately demonstrated in practice. But such system would have a substantial likelihood of achieving greater 

continuous emissions reduction than any control system in current practice or achieving at least comparable 

reductions at lower cost in terms of energy, 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 of emissions 

based on the following: 

(l) the most stringent emissions limitation which is contained in the implementation plan of any state 

for such class or category of stationary source, unless the owner or operator of the 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 of the amount allowable under an 

applicable new source standard of performance. 

AE. "Major modification" means any physical change in or change in the method of operation of a 

major stationary source that would result in: a significant emissions increase (as defined in this section) of a 

regulated new source review pollutant (as defmed in this section); and a significant net emissions increase of that 

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) A physical change or change in the method of operation shall not include: 

(a) routine maintenance, repair, and replacement; 

(b) use of an alternative fuel or raw material by reason of an order under Section 2 (a) and (b) 

of the 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 of an alternative file! by reason of an order or rule under Section 125 of the act; 

(d) use of an alternative fuel at a steam generating unit to the extent that the fuel is generated 

from municipal solid waste; 

(e) use of an alternative fuel or raw material by a stationary source which: 

(I) the source was capable of accommodating 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 of operation 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 of a 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 of a permanent clean coal tecimology demonstration project that 

constitutes repowering, provided that the project does not result in an increase in the potential to emit of any 

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 particular regolated 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 it in 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 of sulfur 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 of maximum allowable increases remaining available. 

(5} An increase in actual emissions is creditable only to the extent that the new level of actual 

emissions exceeds the old leveL 

(6) A decrease in actual emissions is creditable only to the extent that: 

(a) the old level of actual emissions or the old level of allowable emissions, whichever is 

lower, exceeds the new level of actual 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 I SO days. 

(8) Paragraph (2) of Subsection 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 of the 

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 of the source to emit a 

pollutsnt, including air pollutant control equipment and restrictions on hours of operation or on the type or amount 

of material combusted, stored, or processed, shall be treated as part of its design if the limitations or the effect it 

would have on emissions is federally enforceable. Secondary emissions do not count in determining tha potential to 

emit of a stationary source. 

AP. ''l'redlclive emissions monitoring oy5tem (PEMS)" means all of the 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 of operation 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 of the 5 years (12· 

month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years 

following that date, if the 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 of the 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 of the 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 of this section and 

that are also unrelated to the perticular project, including any increased utilization due to product demand growth; 

or, 

(4) in lieu of using the method set out in Paragraphs (I) through (3) of this subsection, may elect to 

use the emissions unirs potential to emit, in tons per year, as defined in Subsection AR of Ibis section. 

20.2. 74 NMAC 7 
AS. "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) of Subsection 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 of volatile 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 of the act; 

(3) any class I or n substance subject 1o a standard promulgated under or established by title VI of the 

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) of Subsection AS of this 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 of a general pollutant 

listed under Section I 08 of the 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 of the 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 of the 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 of an 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) of the process unit. 

(4) The replaced emissions unit is permanently removed from the major stationary source, otherwise 

permanently disabled, or permanently 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 of the construction or operation 

of a major stationary source or major modification, but do not come from the major stationary source or major 

modification itself. For the pw:pose of this 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 of the construction or operation of the 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 of a motor vehicle, from a train, or from a vessel. 

A V. "Secretary" means the cabinet level secretary of the New Mexico environment department or his 

or her successor. 

AW. *'Significant" means in reference to a net emissions increase or the potentia~ of a source to emit 

air pollutants, a rate of emission 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 W of this 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 of 40 CFR 

Chapter l, that requires actual control of the quantity of emissions of that pollutant, and that such a control 

requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that 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) of this section and shall not be subject to regulation if the 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 penn it containing the GHG PAL; 

(2) for purposes of Paragraphs (3) through (5) of Subsection AZ of this 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 of emissions (tons per year), for each of the 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 of this 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 of industrial 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) of Paragraph (2) of Subsection AZ of this 

section for each gas to compute a tons per year CO,e; 

(3) the term 'emissions increase" as used in Paragraphs {4) and (5) of Subsection AZ of this 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 of applying 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 of a 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) of this 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 of has the potential to emit 100,000 tons per year 

C02e, when such stationary source undertakes a physical change or change in the method of operation 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 of significant 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 of initial start of operations. 

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. If any provision of this part, or the application of such provision to any 

person or circumstance, is held invalid, the remainder of this part, or the application of such 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 of prior versions of this part shall not affect any 

administrative or judicial 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 of a valid permit under this part shall not 

constitute a defense to a violation of any section of this 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 of them); 

(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 of August 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 

I 0,000 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 by NFS; 

(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 of Land Management 

[07120/95; 20.2.74.1 08 NMAC • Rn, 20 NMAC 2.74.1 08, I 0131/02] 

20.2.74.109 to 20.2.74.199 [RESERVED] 

20.2.74.200 APPLICAJllLITY. 

A. '!he requirements of this part apply to the construction of any new major stationary source (as 

defined in 20.2 74.7 NMAC) or any project at an existing major stationary source in an area designated as 

attainment or unclassifiable. 

B. The requirements of Sections 300 through 306, 400 and 403 of this part apply to the construction 

of any new major stationary source or the major modification of any existing major stationary source, except as this 

part otherwise provides. 

c. No new major stationary soutce or major modification to which the requirements of Subsections 

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 of this section, and consistent with the 

definition of major modification contained in 20.2.74.7 NMAC, a project is a major modification for a regulated 

new source review pollutant if it causes two types of emissions 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 if it does not cause a significant emissions increase. If the 

project causes a significant emissions increase, then the project is a major modification only if it 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 of the process) will occur depends upon the type of emissions units being 

modified, according to Paragrnphs (3) through (4) of this 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 of the process) is contained in the definition in 20.2.74. 7 NMAC. Regardless of any such 

20.2.74 NMAC 11 
( 

precon.slruction projections, a major modification results if the 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 of a regulated new source review pollutant is projected to occur if the sum of the 

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) of Subsection 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 of a regulated new source review pol1utant is projected to occur if the sum of the 

difference between the potential to emit (as defined in 202 .74 .7 NMAC) from each new emissions unit following 

completion of the project and the baseline actual emissions (as defmed in Paragraph (3) of Subsection G of20.2.74.7 

NMAC) of these 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 of emissions units. A significant emissions 

increase of a regulated NSR po11utant is projected to occur if the sum of the emissions increases for each emissions 

unit, using the method specified in Paragraphs (3) and ( 4) of this subsection as applicable with respect to each 

emissions unit, for each type of emissions unit equals or exceeds the significant amount fur that po11utant. For 

example, if a 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 of operation at the new location. Such notice shall be given to the Department not 

less than ten (I 0) days in advance of the proposed relocation unless a different time interval is previously approved 

by the Department; 

D. A source or modification thst would be major only if fugitive 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 1 of this Part (20.2.74.501 NMAC); or 

(2) Any other stationary source category which as of August 7, 1980 is being regulated under section 

Ill or 112 of the 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 of this part shall be subject to 

enforcement action. 

c 

B. The issuance of a penni! does not relieve any person from the responsibility of complying with the c· 

provisions of the 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 of such approval; 2) if construction is discontinued for a period of eighteen (18) months or 

more; or 3) if construction is not completed within a reasonable time. For a phased construction project, each phase 

must commence construction within eighteen (l8) months of the pro jeered and approved commencement date. The 

secretary may extend the eighteen (18) month period upon a satisfactory showing that an extension is justified. 

D. If a 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 of operation, 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 of Paragraph (6) under this subsection (Subsection E of 

20.2.74.300 NMAC), that a project that is not a part of a major modification may result in a significant emissions 

increase of such pollutant, and the owner or operator elects to use the method specified in Paragraphs (I) through (3) 

of Subsection AR of 20.2. 74.7 NMAC for calculating projected actual emissions. 

(1) Before beginning actual construction of the project, the owner or operator shall document and 

maintain a record of the following information: 

(a) a description ofthe project; 

(b) identification of the emissions unit(s) whose emissions of a regulated new source review 

pollutant could be affected by the project; and 

(c) a description of the 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 of emissions 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, if applicable. 

(l) If the emissions unit is an existing electric utility steam generating unit, before beginning actual 

construction, the owner or operator shall provide a copy of the information set out in Paragraph (I) of this 

subsection to the department. Nothing in this paragraph shall be construed to require the owner or operator of such 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 of any regulated new source review pollutant 

that could increase as a result of the project and that is emitted by any emissions unit identified in Subparagraph (b) 

of Paragraph(!) of this subsection; and calculate and maintain a record of the annual emissions, in tons per year on 

a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a 

period of 1 0 years following resumption of regular operations alter the change if the project increases the design 

capacity or potential to emit of that regulated new source review pollutant at such emissions unit. 

( 4) If the 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 of each year doring which records must be generated uoder 

Subparagraph (c) of Paragraph (I) of this subsection setting out the unit's annual emissions during the calendar year 

that preceded submission of the report. 

(5) If the 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) of this subsection, exceed the baseline actual emissions (as documented and maintained pursuant to 

Subparagraph (c) of Paragraph (I) of this subsection) by a significant amount (as defined in 20.2.74.7 NMAC) for 

that regulated new source review pollutant, and if such emissions differ from the preconstruction projection as 

documented and maintained pursuant to Subparagraph (c) of Paragraph (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 of the major stationary source; 

(b) the annual emissions as calculated pursuant to Paragraph (3) of this 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 of at 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 of emissioru; excluded under 

Paragraph (3) of Subsection AR of20.2.74.7NMAC, sums to at least SO percent of the 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) of Paragraph (6) of Subsection E of 

20.2.74.300 NMAC), and not also within the meaning of Subparagraph (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 of the source shall make the information required to be documented and 

maintained pursuant to Subsection E of this 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 of a proposed source or modification 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 of the nature, location, design capacity, and typical operating schedule of the source 

or modification, incloding specifications and drawings showing the design and plant layout; and 

(2) A delailed schedule of cons1nlction of the source or modification; and 

(3) A detailed description of the planned system of continuous 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 of the source or modification, including meteorologic and topographic data 

necessary to estimate such impact; and 

(2) The air quality impacts, and the nature and extent of any 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 Best Available 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 of this 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 of operation in the unit. 

C. For phased construction projects, the determination of Best 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 of construction of each independent phase of the project. At such time, the owner or operator of the 

applicable stationary source may be required to demonstrate the adequacy of any previous determination of Best 

Available Control Technology for the source. 

D. The Department may approve a sYStem of innovative 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 of continuous 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 of startup 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 of innovative 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 of achieving the permitted emission level, the source or modification 

would not: 

(a) Cause or contribute to a violation of an 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 

(5) All other applicable requirements including those lbr public participation have been met. 

E. The Department shall withdraw any approval to employ a aystem of innovative 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 of control or to protect the public health, welfare, or safety. 

F. If a source or modification fails to meet the required level of continuous emission reduction within 

the specified time period or the 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 of Best Available Control Technology. This shall be accomplished through use of a demonstrated 

system of control. 

G. If the 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 of construction is greater than eighteen (18) months ftom the date the penni! would become 

invalid, the determination of Best Available Control Technology shall be reviewed and modified as appropriate 

before such an extension is granted. At such time, !he owner or operator of the applicable statiooary source may be 

required to demonstrate the adequacy of any previous determination of Best Available Cootrol Technology for the 

source. 

H. With respect to PM1o, for !he case where PM1o emissions cannot be quantified, the Best Available 

Control Technology limitation may be defined in terms of particulate 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 of this 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 PM1o. 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 if the 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 or modification, 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 of the proposed major stationary source or major modification shall 

demonstrate that neither Paragraph (I) nor Paragraph (2) of 20.2.74.303 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 of the proposed major stationary source or major modification shall provide 

an analysis of the 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 of the 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 of the air quality impact projected for the area 

as a result of general 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 of ambient 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 of such 

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 of ambient 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. If no 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 of the 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 of air quality in the affected 

area and accept such data in lieu of additional monitoring by the applicant. 

D. Ozone monitoring shall be performed if monitoring dsta is required for volatile organic 

compounds. Post construction ozone monitoring dsta maY be submitted in lieu of providing preeonstruction dsta as 

required under Subsection C of20-2.74.306 NMAC if the owner or operator of the proposed major source or major 

modification satisfies all the provisions of 40 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 of the 

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 of visibility monitoring required by the department shall not exceed fifly percent (500A.) 

of the cost of ambient monitoring required by this part; if ambient monitoring is not required, the cost shall be 

estimated as if it 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 of such monitoring shall not exceed one (I) year. 

F. The owner or operator of a major stationary source or major modification shall conduct post 

construction ambient monitoring as the dePartment determines is necessary to validate attainment of ambient air 

quality standards and to assure that increments are not exceeded. 

G. The owner or operator of a major stationary source or major modification shall meet the 

requirements of 40 CPR 58, Appendix B during the operation of monitoring stations for purposes ofsatiszying the 

requirements of this section. c· 

H. The department has the discre~o". to efoxernpt a ;tationaryllusourcefor modification from the __ requirements of this section with respect to morutonng r a parttcular po tant i the emissions of the pollutant 

20.2.74 NMAC 16 
( 

(c··· c' 

( 

from the new source or !he net emissions increase of the 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 of this 

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 a regulated pollutant; or 

{3) the existing ambient concentrations of the pollutem in the area that the source or modification 

would affect are less than the concentrations listed in Table 3 of this 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 of such 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 C01e basis, for any existing major stationary soun::e or any other existing GHG-only source if the 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 of operation of a major stationary source or a 

GHG-only source !hat maintains ils total soun:e-wide emissions below the PAL level, meets the requirements of this 

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 of the 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) of Paragraph (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 of the 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) of all 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) of all 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 C01e basis 

defmed as "significant" fur the p01p0ses of Paragraph (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 of the 

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 of major stationary source in Section 182(c) of 

the act, an emissions unit would be a major emissions unit for VOC if the 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 of isSUllllce of the 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 of the 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 V permit 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) of this subsection. For a GHG PAL issued on a C02e 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) of this subsection, but less than the amount that would qualify the unit as a major emissions tmit as 

deftned in Subparagraph (c) of Paragraph (4) of this subsection. 

(ll) GHG-only source means any existing station source that emits or has the potential to emit GHGs 

in the amount equal to or greater than the amOtmt of GHGs 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 I O·year period immediately preceding either the date the owner 

or operator begins actual construction of the 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 per year 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 of the project, except 

that the department shall allow the use of a different time period upon a determination that it is more representative 

of normal 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 if required by 

Subparagraphs (b) and (c) of Paragraph (13) of this 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 of this section, there are two types of emissions 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 lUI it that does not meet the requirements in 

subparagraph (a) of this paragraph. 

·(15) Minor source means any stationary source lhat does not meet the definition of major 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 of a 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 of all emissions units at the source designated as small, significant or major based on their 

potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state 

applicable requirements, emission limitations, or work practices apply to each IU!it. 

(2) Calculations of the baseline actual emissions (with supporting documentation). Baseline actual 

emissions are to include emissions associated not only with operation of the 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 of this section. 

( 4) As part of a permit application requesting a GHG PAL, the owner or operator of a 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) of Subsection AG of20.2. 74.7 

NMAC or a GHG-only source as delined in Paragraph (12) of Subsection B of this 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, or expressed 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 of the 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 of this section. 

(e) The PAL penni! shall contain all the requirements of Subsection G of this 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 of only one pollutant. 

(f) Each PAL shall have a PAL effective period of 10 years. 

(g) The owner or operator of the 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 of this 

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 of a PAL pollutant (' 

that occur during the PAL ef!ective period creditable as decreases for purposes of offsets tmder 40 CFR . 

51.16S(a)(3)(ii) unless the level of the PAL is reduced by the amount of such emissions reductions and such 

reductions would be creditable in the absence of the 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 of the proposed 

approval of a PAL permit and at least a 30-day period fur submittal of public 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) of this subsection, the actuals PAL level for a major 

stationary source or GHG-only source shall be established as the sum of the baseline actual emissions (as defined in 

20.2.74. 7 NMAC or, for GHGs, Paragraph (13) of Subsection B of20.2.74.320 NMAC) of the 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) of any applicable fedenti or state regulatory 

requirement(s) that the department is aware of prior to issuance of the PAL permit. For instance, if the source owner 

or operator will be required to reduce emissions from industrial boilers in half lrom baseline emissions of 60 ppm 

NOx to anew rule limit of30 ppm, then the permit shall contain a future effective PAL level that is equal to the 

current PAL level reduced by half of the original bsseline emissions of such 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 of adding the bsseline actual emissions as specified in 

Paragraph (1) of this 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 of the GHGs 

baseline actual emissions (as defined in Paragraph (13) of Subsection 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 of Subsection 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) of any 

applicable federal or New Mexico regulatory requirement(s) that the department is aware of prior to issuance of the 

PAL permit. 

G. Contents of the 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 of the PAL (PAL effective period). 

(3) Specification in the PAL permit that if a 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 of the PAL effective 

period, then the PAL shall not expire at the end of the 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 of this 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(!) of Subsection C of this 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 of this section. 

20.2.74 NMAC 20 
c (8) A requirement to retain the records required Wlder Subsection M of this section on site. Such 

records may be retained in an electronic fonnat. ' 

(9) A requirement to submit the repons required Wlder Subsection N of this 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 AZ of20.2.74.7 NMAC as long 

as the source complies with the PAL. 

H. PAL effective period and reopening of the PAL permit. 

(1) PAL effective period. The PAL effective period shall be 10 years. 

(2) Reopening of the 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 of emissions used to establish the PAL; 

(II) reduce the PAL if the owner or operator of the 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 if the 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) of Subparagraph (a) of Paragraph (2) of this 

subsection for the correction of typographical/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 of this section. 

I. Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in 

Subsection J of this section shall expire at the end of the PAL effective period, and the following requirements shall 

apply. 

(1) Each emissions Wlit (or each group of emissions 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) of Subsection J of this 

section, the major stationary source or GHG·only source sllall submit a proposed allowable emission limitation for 

each emissions Wlit (or each group of emissions units, if such a distribution is more appropriate as decided bY the 

department) by distributing the PAL allowable emissions for the major stationary source among each of the 

emissioos units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that 

became effective during the PAL effective period, as required Wider Paragraph (5) of Subsection I of this section, 

such distribution sllall be made as if the 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 of monitoring 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 of emissions Wlits, as required under Subparagraph (b) of Paragraph {1) of Subsection I of this 

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 of operation at the major stationary source or GHGonly source will be subject to major new source review requirements if such change meets the definition of major 

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) of Paragraph (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 of a PAL. A timely application is one that is 

submitted at least 6 months prior to, but not earlier !han IS months from, the date of permit expiration. This deadline 

for application submittal is to ensure thst the permit will not expire before the permit is renewed. If the owner or 

operator of a 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 of the potential to emit of all 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) of this 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 of this 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) of this 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) of this paragraph: 

(i) if the potential to emit of the 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 of the 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 of Subsection K of this 

section (increasing a PAL). 

(5) If the compliance date for a state or federal requirement that applies to the PAL source occurs 

during the PAL effective period, and if the department has not already adjusted for such requirement, the PAL shall 

be adjusted at the time of PAL 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 if the major stationary source or 

GHG-only source complies with the following provisions. 

(a} The owner or operator of the 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 of this application, the major stationary source or GHG-only source owner or 

operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of 

the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent 

controls, plus !he sum of the allowable emissions of the new or modified emissions unit(s), exceeds the PAL. The ··· 

level of ~treed lbthat wdoul~ result fromBABCTACT eq

1 

uivalenthet ~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 of BACT 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) of this paragraph, regardless of the magnitude of the 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 of the PAL major modification becomes operational and begins to emit the PAL pollutant. 

(l) The department shall calculate the new PAL as the sum of the alloWllble emissions for each 

modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions 

units (assuming application of BACT equivalent controls as determined in accordance with Subparagraph (b) of 

Paragraph ( l) of this subsection), plus the sum of the baseline actual emissions of the small emissions units. 

(3) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice 

requirements of Subsection 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 of the PAL pollutant in terms of mass per unit of time or CO,e per unit 

of time. 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 a judicial 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) of this paragraph, you may also employ an alternative 

monitoring approach that meets Subparagraph (a) of this paragraph if approved by the department. 

(d) Failttte to use a monitoring system that meets the requirements of this 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 of validating !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, if it cannot otherwise be accounted for in the process; 

and 

(c) where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a 

range of pollutant content from such material, the owner or operator must use !be highest value of tile 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 or PEMS. An owner or operator using 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 of operation of the . 

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, if appropriate, to account for the degree of uncertainty 

or limitations in the factorS' development; 

(b) the emissions unit shall operate within the designated range of use for the emission filctor, 

if applicable; and 

(c) if technically practicable, the owner or operator of a 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 of PAL 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) of this subsection, where an 

owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the 

PAL pollutant emissions rate at all opersting points of the 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 of the emissions unit during operating conditions when there is no 

correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the 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 of the PAL. 

M. Reeord.keeping requirements. 

(1) The PAL permit sball require an owner or operator to retain a copy of all records necessary to 

determine compliance with any requirement of this seerion and of the PAL, including a detennination of each 

emissions unit's 12~month rolling total emissions, for 5 years from the date of such record. 

(2) The PAL permit shall require an owner or operator to retain a copy of the following records, for 

the duration of the 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 of compliance 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 

of the end of each reporting period. This report shall contain the following information: 

(a) the identification of owner 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) of Subsection M of this 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 of any 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 of any deviations or monitoring malfunctions (other than 

the time associated with zero and span calibration checks), and any corrective action taken; (_ 

(I) a notification of a shutdown of any monitoring system, whether the shutdown was . 

permanent or temporary, 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 of the emissions of the pollutant or the number 

determined by method included in the permit, as provided by P11111graph (1) of Subsection L of this 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 of the information provided in the report. 

(2) Deviation report. The major stationary source or OHO-only source owner or operator shall 

promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no 

monitoring is available. A report submitted pursuant to Paragraph (2) of Subsection 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) of Subsection E of20.2.70.302 NMAC. The reports shall contain 

the following information: 

(a) the identification of owner 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 of the information provided in the report. 

(3) Revalidation results. The owner or operator shall submit to the department the results of any 

revalidation test or method within three months afier completion of such 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 of approval of 

the plan by the administrator with a PAL that complies with tbe requirements of this 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 of an 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. If the 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 of clarification are necessary to deem the application administratively complete. 

Upon receipt of the 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 of the deterntination. 

B. For purposes of determining 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 5 I 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 of receipt of the 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 of the preliminary determination, and a copy or summary of other 

materials, if any, considered in making the preliminary determination. 

(3) NotifY the public by advertisement in a newspaper of general circulation in the area in which the 

proposed source would be constructed: 

(a) Of the application, 

(b) The preliminary determination, 

20.2.74 NMAC 25 
(c) The degree of increment wnsumption 1hat is expected from the source or modification, and 

(d) Of the 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 of the notice of public comment to: 

(a) The applicant, 

(b) The Administrator, and 

(e) Officials and agencies having jurisdiction over the location where the proposed construction 

would occur as follows: 

(I) Any other state or local air pollution control agencies; 

(il) The chief executives of the 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 of the source and other appropriate considerations. 

(6) Consider all written comments submitted within a time specified in the notice of public comment 

and all comments received at any public bearing(s) in making a tina! decision on the approvabllity of the 

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 of whether construction should be approved, approved with 

conditions, or disapproved; and 

(b) notify the applicant in writing of the 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 FROM INCREMENT 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 of an order under sections 2(a) and (b) of the Energy Supply and 

Envirorunental Coordination Act of 1974 (or any superseding legislation). Sources must have converted from the 

use of petroleum products, natural gas, or both by reason of such order. This exclusion shall not apply more than 

five (5) years after the effi:ctive date of such an order; or 

B. Concentrations due to the increase in emissions from sour<:es, over the emissions from such 

sources before the effective date of a plan in effect pursuant to the Federal Power Act. Sources must have converted 

from using natural gas by reason of a natural gas curtailment plan. This exclusion shall not apply more than five (5) 

years after the effective date of such a plan; or 

C. Concentrations of particulate matter due to the increase in emissions from construction or other 

temporary emission-related activities of new 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 of each 

permit application relating to a major stationary source or major modification proposing to locate within one 

hundred (100) kilometers of any Class I federal area. The complete pennit application shall be transmitted within 

20.2.74 NMAC 26 

(l 
( 

( 

tbirty (30) days of receipt 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 of the 

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 of the permit application and shall consider any analysis 

perfonned by the federal land manager concerning the impact of the proposed major stationary source or major 

modification on .ur quality related values. 1his consideration shall include visibUity, if such analysis is received 

within thirty (30) days after the federal land manager receives a copy of the 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 of every action related to the consideration of such permit. 

The department shall also provide the federal land manager and the administrator with a copy of the 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 of source 

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 of general 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 of neighboring states and Indian 

governing bodies a copy of each permit application having the potential to affect Class I federal areas or increment 

consumption in areas under their jurisdiction. The department shall also provide the affected air quality control 

agencies and Indian governing bodies with a copy of the 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, of any Class 1 

federal lands under their jurisdiction. 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. If the department concurs with this 

demonstration, then the source shall not be issued a permit. 

D. Class I waivers: The owner or operator of a 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, of Class I federal lands under his or her jurisdiction. 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 of sulfur dioxide, PM10 , PM25, and nitrogen oxides would not exceed the 

maximum allowable increases over minor source baseline concentrations shown in Table 5 of this 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 if the department determines that an adverse impact on visibility would occur. The 

adverse impact must be due, primarily, to the operation of the proposed source or modification. 

F. Sulfur dioxide waiver by governor: The owner or operator of a 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 of an exceedance of a maximum allowable increase fur 

a CLass I federal area for sulfur dioxide for a period of twenty-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 of fue 

Class I lederal area. The governor, after consideration of the 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 of the source or modification. Any 

owner or operator of a source or modification who obtains a permit under this section shall comply with sulfur 

dioxide emissions limitations. These limitations do not allow increases of ambient concentrations, above the 

20.2.74 NMAC 27 
baseline concentration, to exceed the levels found in Table 6 of this pan (20.2. 74.506 NMAC) for periods of twenty· 

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 of the governor. If the 

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 of this part 

(20.2.74.506 NMAC) for periods of twenty-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 of more 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 of charging more than 50 tons of refuse 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 or nitroRen oxides) 40 

Particulate Matter 

Particulate matter emissions 25 

PM10 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 of one microgram per 

cubic meter or greater (24·hr average) in 

any class I federal area located within 10 

km of the 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 ·SIGNIFICANT MONITORJNG 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 of volatile organic compounds or nitrogen oxides subject to PSD would be required 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 ·MAXIMUM ALLOW ABLE INCREASES FOR CLASS I WAIVERS: 

Micrograms per cubic meter {j.tg/m') 

Nitrogen Dioxide 

annual arithmetic mean 25 

Particulate Maner 

PM10, annual arithmetic mean 17 

PM10, 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 SULFUR DIOXIDE W AlVER 

BY GOVERNOR: 

Period of Exposure 

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 of public 

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 Of Significant Deterioration (PSD), l" 

07115/86; 

20.2.74 NMAC 30 
c 

c 

EIB/AQCR 707, Air Quality Control Regulation 707- Permits, Prevention Of Significant Deterioration (PSD), 

08/01188; 

Effi/AQCR 707, Air Quality Control Regulation 707- Permits, Prevention Of Significant Deterioration (PSD), 

05129190. 

History of Repealed Material: [RESERVED) 

Other History: 

EIBIAQCR 707, Air Quality Control Regulation 707- Permits, Prevention Of Significant Deterioration (PSD), filed 

05129190 was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.74, Permits--

Prevention Of Significant Deterioration (PSD), filed 06/20/95. 

20 NMAC 2.74, Permits-- Prevention Of Significant Deterioration (PSD), filed 06/20/95 was renumbered, 

reformatted and replaced by 20.2. 74 NMAC, Permits-- Prevention Of Significant 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 I 978, 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 of a 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 of any section in this part is 01/01/201 1.] 

20.2.70.6 OBJECTIVE: The objective of this 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 of the federal act, and includes all sources subject to Title N of the federal act. 

B. "Alfected programs" means all states, local air pollution control programs, and Indian tribes and 

pueblos, that are within 50 miles of the source. 

C. "Air pollutant" means an air poilu lion agent or combination of such 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 of any 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 of which would limit, capture, reduce, confine, or otherwise control regulated air pollutants or 

convert for the purposes of control 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 of the 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 of permit 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 of the federal act to implement 

the relevant requirements of the federal act, iocluding any revisions to that plan promulgated io 40 CFR, Part 52. 

(2) Any term or condition of any preconstruction permit issued pursuant to regulations approved or 

promulgated through rulernaking under Title I, including Parts CorD, of the 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 of the federal act, including Section Ill( d). 

(4) Any standard or other requirement under Section I 12 of the federal act, including any 

requirement concerning accident prevention under Section I 12(rX7) of the federal act. 

20.2.70 NMAC NMED 

Exhibit# 7 
(5) Ally standard or other requirement of the acid rain program under Title N of the federal act or the 

regulations promulgated thereunder. 

(6) Ally requirements established pursuant to Section 504(b) or Section I 14(a)(3) of the federal act 

(7) Ally standard or other requirement governing solid waste incineration under Section 129 of the 

federal act. 

(8) Any standard or other requirement for consumer and commercial products under Section 183(e) 

of the federal act 

(9) Ally standard or other requirement for tank vessels under Section 183(1) of the federal act. 

(10) Ally standard or other requirement of the regulations promulgated to protect stratospheric ozone 

under Title VI of the 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 of Title I of the federal ac~ but only as it 

would apply to temporary sources permitted pursuant to Section 504(e) of the 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 of Federal Regulations. 

G. "Draft permit" meaos a version of a 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, of emissions of regulated air 

pollutants on a continuous basis, including aoy requirements relating to the operation or maintenance of a 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 of a stationary source that emits or has the potential 

to emit any regulated air pollutant or any air pollutant listed pursuant to Section 112(b) of the federal act. This term 

is not meant to alter or affect the defmition of the term "urtif' for purposes of Title IV of the 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 of an 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 of this part is delined as the aggregate group of the 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 of size, emissions or production rate. 

R. "Major source" means any stationary source (or any group of stationary sources that are located 

on one or more contiguous or adjacent properties, and are under common control of the same person(s)) in which all 

of the 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 of the federal act, which is defmed as the following. 

(a) For pollutants other than radionuclides, any stationary source or group of stationary 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 of any hazardous air pollutant which has been listed pursuant to Section 112 (b) of the 

20.2.70NMAC 2 
( 

C· 

( 

federal ac~ 25 or more tons per year of any combination of such hazardous air pollutants (including any major 

source of fugitive emissions of any such pollutan~ as determined by rule by the administrator), or such lesser 

quantity as the administrator may establish by rule. 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 or pump 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 of air 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 of fugitive emissions ofany 

such pollutant, as determined by rule by the administrator). The fugitive emissions of a stationary source shall not 

be considered in determining whether it is a major stationary source for the purposes of this paragraph, unless the 

source belongs to one of the following categories of stationary 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 of charging more than 250 tons of refuse 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 of more than 250 million British thermal units per hour 

heat input; 

(aa) any other stationary source category, which as of August 7, 1980 is being regulated under 

Section Ill or 112 of the federal act 

(3) A major stationary source as defined in Part D of Title I of the federalac~ including: 

(a) for ozone non-attainment areas, sources with the potential to emit 100 tons or more per year 

of volatile organic compounds or nitrogen oxides in areas classified as "marginal11 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 of nitrogen oxides shall not apply with respect to any source for which the administrator has made a finding, 

under Section 182(f)(l) or (2) of the federalac~ that requirements under Section 182(f) of the federal act do not 

apply; 

(h) for ozone transport regions established pursuant to Section 184 of the federal ac~ sources 

with the potential to emit 50 tons or more per year of volatile 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 or more per year of carbon 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 of PM! 0. 

S. "Operatblg permit" or "permit" (unless the context suggests otherwise) means any perntit or 

group of permits covering a source that is issued, renewed, modified or revised pwsuant to this part. 

T. "Operator" means the peraon or persons responsible for the overall operation of a facility. 

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

V. "Part" means an air quality control regulation under Title 20, Chapter 2 of the 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 of this 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 or modification. 

Z. "Portable source" means any plant that is mounted on any chassis or skids and which can be 

moved by the application of a lifting or puUing force. In addition, there shall be no cable, chain, turnbuckle, bolt or 

other means (except electrical connections) by which any piece of equipment is attached or clamped to any anchor, 

slab, or structure, including bedrock, that must be removed prior to the application of a lifting or pulling furce fur the 

purpose of transportiog 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 of a stationary source to emit any air poUutant 

under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit 

an air pollutant, including air pollution control equipment and reslrietions on hours of operation or on the type or 

amount of material com busted. stored, or processed, shall be treated as part of its design lf the limitation is federaUy 

enforceable. The potential to emit for nitrogen dioxide sbaU be based on tote! oxides of nitrugen. 

AB. "Proposed permit" means the version of a permit that the department proposes 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 of the 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 other requirements 

established under Section 112 of the federal act, including Sections l 12(g), (j), and (r), including the fullowing; 

(a) any pollutant subject to requirements under Section 112(j} of the federal act; if the 

administrator fitils to promulgate a standard by the date established pursuant to Section ll2(e) of the 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) of the federal act; and 

(b) any pollutant for which the requirements of Section 112(&)(2) of the 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 of this section. 

AD. "Renewal" means the process by which a permit is reissued at the eod of its term. 

AE. "Responsible officlal" means one of the following. 

(1) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge 

of a 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 if the represenll!tive is responsible for the overaU 

operation of one 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 of authority 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 of this part, a principal executive officer of a federal agency iocludes the 

chief executive officer having responsibility for the overall operatiO!lS of a principal geographic unit of the agency 

(e.g., a regiooaladmioislmtor ofUS EPA). 

(4) For an acid raio source: the designated representative (as defined in Section 402(26) of the federal 

act) io so far as actions, standards, requirements, or prohibitions under Title IV of the 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 of operation of any air pollution control equipment, process 

equipment or process for any purpose. 

AH. "SoUd waste Incineration unit" means a distinct operating unit of any 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 of the federal Solid Waste 

Disposal Act; 

(2) materisls recovery facilities (iocluding primary or secondsry smelters) which combust waste for 

the primary purpose of recoveriog metals; 

(3) qualifying small power production facilities, as defined in Section 3(17)(C) of the Federal Power 

Act (16 U.S.C. 796(17)(C)), or qualifying cogeneration facilities, as defined in Section 3(18)(B) of the 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 of electric energy or in the case of qualifying cogeneration 

facilities which bwn homogeneous waste for the production of electric energy and steam or fonns of useful 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 of any 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 thereof that emits or may emit any regulated air pollutant or any pollutant listed under Section l12(b) 

of the federal act. 

AK. "Subsidiary" means a busioess concern which is owned or controlled by, or is a partner of, the 

applicant or permittee. 

AL. "SubJect to 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 of 40 CFR 

Chapter I, that requires actual control of the quantity of emissions of that pollutant, and that such a control 

requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant 

released from the regulated activity. Except that: 

(l) "greenhouse gases" (GHOs) shall not be subject to regulation, uuless, as of July 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 of emissiO!lS 

(tons per year), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warmiog 

potential published at Table A-1 to subpart A of 40 CFR part 98- Global Warming Potentials, and swnming the 

resultant value for each gas; for pwposes of this patBgmph, prior to July 21, 2014, the mass of the gmenhouse gas 

carbon dioxide shall not ioclude carbon dioxide emissions resulting from the combustion or decompositinn of nonfussilized 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 of ind!18trial and municipal wastes, iocludlng gases and liquids 

recovered from the decomposition of non-fossilized and biodegradable organic material); 

(3) if a federal court stays, invalidates or otherwise renders unenforceable by the US EPA, in whole 

or in part, the prevention of significant deterioration and Tille V greenhouse gas talloriog rule (7 5 FR 31514, June 3. 

20.2.70 NMAC 5 
20 I 0), 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 =t site or relocated to a new site. A temporary 

source may he semi-pennanent, which means that is does not have to meet the requirements of a portable source. 

Temporary sources may include well head compressors which meet this criteria. 

AN. "Tide I modification" means any modification onder Sections Ill or 112 of the federal act and 

any physical change or change in method of operations that is subject to the preconstruction regulations promulgated 

under Parta C aod D of the 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 of AQCR 770 was Deeember 19, 1994, which was the 

effective date of approval, by the Administrator, of the 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 of AQCR 770 shall net affect any administrative or judicial 

enforcement action pending on the effective date of such amendment nor the validity of any 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& of Performance for New Stationary Sources, or section 112 --Hazardous Air 

Pollutants, of the 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) of the 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 if the 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 of a permit by the department terminates the permittee's right to 

operate. 

20.2.70NMAC 6 

(: 
c 

C' 

5 

c 

c. The submittal of a 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 of the 

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 of this 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 of this 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 of this 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 of conditions 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 of emissions of mdionuclides; 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 of the 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 if a New Mexico 

state agency is responsible, in whole or in part, for the design and construction or operation of the unit. In such 

cases, applications shall be made to the Administrator. Department review or approval of solid waste incineration 

units shall not constitute responsibility for the design, construction, or operation of the 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 of any 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 of the 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 of sources within Bernalillo County, the applicant 

shall make such applications to the Air Pollution Control Division of the 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] 

7 
20.2. 70.205 INDIAN TRIBAL JURISDICI'ION: The requirements of this Part do not apply to sources 

within Indian Tnl>al jurisdiction. For the operation of sources in thst jurisdictioo, 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 of penni! renewal, one that is submitted at least twelve (12) months prior to the date 

of permit expiration; 

(3) for the acid rain portion of permit applications for initial phaseD acid rain sources undar Title IV 

of the federal act, by January 1, 1996 for sulfur dioxide, and by January I, 1998 for nitrogen oxides; 

C. Completeness of application. 

(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 if it is related to the propoaed change. 

(2) If, while processing an application, regardless of whether 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 of such 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 of a 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 of application. 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 of the permit application, or more, 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 of whether the source category in question is included in the list of sources contsined in the 

definition of major source. All applications shall meet the following requiremenlli. 

(1) Be made on forms furnished by the department, which for the acid rain portions of penni! 

applications and compliance plans shsll be on nationally-standardized fonns to the extent requirad by regulations 

promulgated under Title IV of the federal act. 

(2) State the company's name and address (and, if different, plant name and address), together with 

the names and addresses of the owner(s), responsible official and the operator of the solllCe, any subsidiaries or 

parent companies, the company's state of incorporation or principal registration to do business and corporate or 

partnership relationship to other permittees subject to this part, and the telephone numbers and names of the owners' 

agent(s) and the site contact(s) familiar with plant operations. 

(3) State the date of the application. 

(4) Include a description of the 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 of the 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 of all air pollutants for which the source is major and all emissions of regulated 

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 of all components of the facility which would be involved in routine 

operations and emissions; 

(b) identification and description of all emissions points in sufficient detail to establish the 

basis for fees and applicability of requirements of the 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, of air 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 of regulated pollutants; 

(g) if requested 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 of the federal act); and 

(i) for each alternative operating scenario identified by the applican4 all of the 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 of insignificant 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 of all 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 of such requirements, including information 

necessary to collect any permit fees owed under 20.2. 71 NMAC (operating permit emission fees). 

(10) Provide certification of compliance, 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 of the current operating permit. 

(b) A statement of methods 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 of compliance certifications during the permit term, to be 

submitted no less fiequently than annually, or more frequently if specified 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 of the federal act. 

(11) For sources that are not in compliance with all applicable requirements at the time of permit 

application, provide a compliance plan that contains all of the following. 

20.2.70 NMAC 9 
(a) A description of the compliance status of the source with respect to all appiJcable 

requirements. 

(b) A IW:Illtive description of how the SOlii"Ce will achieve compliance with such requirements 

for which it is not in compliance. 

(e) A sehedule of remedial measures, including an enforceable sequence of actions with 

milestones, leading to compliance with such applicable requirements. The schedule of compliance 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 of any consent decree or administrative order shall not be in any way diminished by the schedule of 

compliance. Any such schedule of compliance 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 of certified progress reports no less frequently than every six ( 6) 

(e) For the portion of each acid rain source subject to the acid min provisions of Title IV of the 

federal act, the compliance plan content requirements specified in this paragraph, except as specifically superseded 

by regulations promulgated under Title IV of the 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 of tnlth, accuracy, end 

completeness. This certification end any other certification required under this part shall state that, based on 

information and belief formed 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 of the New Mexico Air Quality Control Act section 74-2-11 NMSA 1978 

and the New Mexico Inspection of Public 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 of confidentiality, the Department may also require the applicant or permittee to submit a copy of such 

information directly to the Administrator. 

C. An operating permit is a public record, and not entided to protection undersection ll4(c) of the 

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 a permit, including emission limitations and 

sufficient operational requirements and limitations, to assure compliance with all applicable requirements at the time 

of permit issuance or as specified in the approved schedule of compliance. 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 of a challenge to any portiol!S of the 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 of the permit shield, identify any requirement specifically identified in the 

permit application or significant permit 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 of the 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 of the 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 of a request by the permittee for a permit modification, revocation and 

reissuance, or termination, or of a notification of planned changes or anticipated noncompliance shall not stay any 

permit condition. 

(e) The permit does not convey any property rights of any 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 of the permit or to determine compliance with the permit. Upon reques~ the permittee 

shall also furnish to the department copies of records 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 of this 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 of its 

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 of ita applicable requirements. 

(6) The issuance of a permi~ or the filing or approval of a compliance plan, does not relieve any 

person from civil or criminal liability for failure to comply with the provisions of the Air Quality Control Ac~ the 

federalac~ federal regulations thereunder, any applicable regulations of the board, and any other applicable law or 

regulation. 

(7) The department may include part or all of the contents of the 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 of sources contained in 

the definition of major source. 

(9) The acid rain portion of operating permits for acid rain sources shall additionally: 

(a) state tha~ where an applicable requirement of the federal act is more stringent than an 

applicable requirement of regulations promulgated under Title IV of the 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 of the 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 of allowances 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 

of the 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 of the 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 11 
monitoring requirements shall assure use of tenns, 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 of monitoring equipment or methods. 

D. Recordkeeping. 

(1) The permit shall require recordkeeping sufficient to assure and verify compliance with the terms 

and conditions of the 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 of such analyses; and 

(I) the operating conditions existing at the time of sampling or measurement. 

(2) Records of all monitoring data and support information shall be retained for a period of at least 

five (5) years from the date of the 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 of all reports required by the permit. 

E. Reporting. The permit shall require reporting sufficient to assure and verify compliance with the 

tenns and conditions of the permit and all applicable requirements, including all of the following. 

(1) Submittal of reports of any required monitoring at least every six ( 6) months. The reports shall be 

due to the department within forty-five (45) days of the end of the 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 of all deviations from permit requirements, including those attributable to upset 

conditions as defined in the permit, the probable cause of such 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) of this section. ( ; 

(3) Submittal of compliance certification reports at least every twelve (12) months (or more , , 

frequently if so 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 of the 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 of each term or condition of the permit that is the basis of the certification; 

(h) the compliance status of the source; 

(c) whether compliance was continuous or intermittent; 

(d) the method(s) used for determining the compliance status of the 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 of the 

source. 

(4) Such additional provisions as may be specified by the administrator to determine the compliance 

status of the 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 of this part at all 

authorized locations; 

(3) the owner or operator shall notify the department in writing at least fifteen (15) calendar days in 

advance of each 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 of a 

national ambient air quality standard or increment or visibility requirement under Part C of Title 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 of credentials 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 of the permit; 

(b) have access to and copy any records that must be kept under the conditions of the 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 or parameters for the pwpose of assuring compliance 

with the permit or applicable requirements or as otherwise authorized by the federal act. 

(2) Require that sources required under Paragraph (II) of Subsection D of20.2.70.300 NMAC to 

have a schedule of compliance submit progress reports to the departmental least semiannually, or more frequently if 

specified ie the applicable requirement or by the department. Such progress reports sbaU be collllistent with the 

schedule of compliance 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 of why any dates ie the schedule of compliance 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 )(I 0) changes, as defined ie 20.2. 70.7 NMAC, 

without applying for a permit modification, if those 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 of emissions or ie 

terms of total 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 of the proposed changes. Such notif!Calion shall iuclude a brief 

description of the 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 of the change. 

(e) The permittee and department shall attach each such notice to their copy of the relevant 

permit. 

(d) If the 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. If the change does 

not qualify under this provision, the original terms of the permit remain fuUy enforceable. 

(2) Emissions trsding withie a facility. 

(a) The deparlment sbaU, if an applicant requests it, issue permits that conmin terms and 

conditions allowing for the trsdieg of emissions ieereases and decreases ie the permitted facility solely for the 

purpose of complying 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. If applicable 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 of the 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 of the permit 

(d) The permittee and department shall attach each such notice !o their copy of the 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 of the 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 of the 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 of the penni! shall be deemed compliance 

with any applicable requirements as of the date of permit 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 of Section 303 of the federal act - Emergency Powers, including the 

authority of the administrntor under that section, or the provisions of the 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 of applicable requirements 

prior to or at the time of permit issuance; 

(c) the applicable requirements of the acid rain program, consistent with Section 408(a) oftbe 

federal act; or 

(d) the ability of US 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 of the permit pursuant to Subsection D of 20.2.70.400 NMAC. 

(5) The permit shield shall extend to tenns and conditions thst allow emission increases and 

decreases as part of emissions trnding within a facility pursuant to Parsgrapb (2) of Subsection 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 of 20.2.70.302 NMAC, or to permit terms or conditions for 

which notice bas been given to reopen or revoke 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 of General 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 of eperations, 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 of a Part 70 source which qualifies for a general penni! must: 

(a) Apply to the Department for coverage under the terms of the 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 of subsection D of20.2.70.300 NMAC, provided that such applications meet the requirements of the 

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 of the 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 of deeming 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 of administrative review under New Mexico Air Quality Control Act section 74-2-

7.H NMSA 1978. Permitting action for the purposes of section 74-2-7 NMSA 1978 shaD be the isauance of the 

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 of the 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 of the 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 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 emissionB 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. 

B. An emergency constitutes an affirmative defense to an action brought for noncompliance with 

such technology-based emission limitations if the 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) of the emergency; 

(2) the permitted facility was at the time being properly operated; 

(3) 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 the permit; and 

(4) the permittee submitted notice of the emergency to the department within 2 working days of the 

time when emission limita lions were exceeded due to the emergency; this notice fulfills the requirement of 

Paragraph (2) of Subsection E of20.2.70.302 NMAC; this notice must contain a description of the emergency, any 

steps taken to mitigate emissions, and corrective actions taken. 

C. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency 

has the burden of proof. 

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 if all 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 of a 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 of the permit provide for compliance with aU applicable requirements and the 

requirements of this 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 of the permit within the time period speeified within that 

section. 

B. The Department sball, within sixty (60) days after its receipt of an 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 of incompleteness 

within sixty (60) days of receipt of an application. the application shall be deemed complete. When additional 

information is requested by the Department prinr to ruling an application complete, receipt of auch information sball 

be processed as a new application for purposes of this seetion If the application is judged complete, a certified 

letter to that effect shall be sent to the applicant. If the application is judged incomplete a certified letter sball be 

sent to the applicant statiog what additional information or points of clarification 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 of such 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) of the Federal Act shall be acted on within nine (9) months of deeming the application complete; and 

(3) The acid rain portion of permits for acid rain sources shall be acted upon in accordance with the 

deadlines in title IV of the Federal Act and the regulatiom promulgated thereunder. 

D. If a 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 of the term of the o~, 

previous permit, then the permit shall not expire and aU the terms and conditions of the 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 regulatory provisions). 

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, if a public hearing is held, the evidence submitted at the hearing. 

H. If the Department grants or disapproves a permit or permit modification. the Department shall 

notify the applicant by certified mail of the action taken and the reasons therefor. If the Department grants a permit 

or modification, 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 of the 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 of insignificant 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 of significant public interest. The Department shall give notice of any public hearing at 

least thirty (30) days in advance of the hearing. 

20.2.70NMAC 16 
c 

0 

c 

B. Public notice and notice of public hearing shall be given by publication in a newspaper of genellll 

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. The public 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 of the 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 of a person from whom intenested persons may ohtsin 

additional information, including copies of the permit draft, the application. and relevant supporting materials; 

(1) A brief description of the comment procedures required by the Department; and 

(8) As appropriate, a statement of procedures 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 of the applicant or permittee and its owners; 

(3) The name and address of the Department; 

(4) The activily or activities involved in the permit action; 

(5) The name, oddness and telephone nuroher of a person from whom interested persons may obtsin 

additional information; 

(6) A brief description of hearing procedures; and 

(1) The time and place of the 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 of the hearing shall be determined by the Department The Department shall appoint a hearing 

officer. A tmnscript of the he<lring shall be made at the request of either the Department or the applicant and at the 

expense of the 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 a record of the commenters and also of the issues raised daring the 

public participation process so that the Administrator may fulfill his or her obligation under section 505(h X2) of the 

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 or uoder any of its requirements are not sohjecllo Administrator review or 

approval. 

(1) Within five (5) days of notification by the Department that the application has been determined 

complete, the applicant shall provide a copy of the 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 of such notification. The Department shaU 

provide to the Administrator a copy of each 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 of the 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 of the Federal Act or related applicable requirements. 

20.2.70NMAC 17 
B. 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 if the Administrator, after detennining that issuance of the proposed penni! would not 

be in compliance with applicable requirements, objects to such issuance in writing within forty-five (45) da~ of 

receipt of the proposed permit and all necessary supporting information. 

(2) If the Administrator does not object in writing under paragroph (I) of subsection B of 20.2.70.402 

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 If the Administrator objects to the permit as a result of a 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 if the perntit 

was issued after the end of the 45-day review period and prior to the Administrator's objection. 

(3) The Department, as part of the submittal of the 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 of any 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 of this section, cl. 

permitting action shall include the failure of the department to take final action on an application for a permit 

(including renewal) or permit 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 of the departments action and shaU specifY the portiODB of the perntitting action to which the petitioner 

objects, certifY that a copy of the petition bas been mailed or band-delivered as required bY this paragropb, aod 

attsch a copy of the permitting action for which review is sought. Unless a timely request fur hearing is made, the 

decision of the department sbaU be fioal. The petition sbaU be copied simultaneously to the department upon receipt 

of the appeal notice. If the petitioner is not the applicant or permittee, the petitioner shall mail or band-deliver a 

copy of the petition to the applicant or permittee. The department shall certifY the administrative record to the 

board. 

(3) If a timely request for hearing is made, the board shall hold a bearing within sixty (60) da~ of 

receipt of the 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 of Appeals in accordance with New Mexico Air 

Quality Control Act section 74-2-9 NMSA 1978. Petitions for judicial 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 

obtaining judicial review of the terms and conditions of the 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 of any person identified in the permit; ( . , 

(c) Incorporates a change in the permit solely involving the retiriog of an emissions unit; . 

(d) Requires more frequent monitoring or reporting by the permittee; or 

20.2. 70 NMAC 18 
c 

() 

(e) Ally otber type of change 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 of a source may be made as administrative 

amandments provided that: 

(a) A written agreement, containing a specific date for trnns.fer of permit respoMibility, 

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) of subsection A of20.2.70.40S NMAC; and 

(d) The permittee has published a public notice of the change in ownership of the source in a 

newspaper of general 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) of subsection A of20.2.70.404 NMAC immediately upon 

submittal of the request fur the administrative amendment. The permittee may implement the changes outlined in 

subpersgraph (e) of persgrnph (1) of subsection A of20.2.70.404 NMAC or persgraph (2) of subsection A of 

20.2. 70.404 NMAC upon approval of the 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 of existing monitoring, reporting, or recordkeeping requirements 

in the perm.i t; 

(c) Do not require or change a case-by-case determination of an emission limitation or other 

standard, or a source-specific determination for ternporary sources of ambient impacts, or a visibility or increment 

analysis; 

(d) Do not seek to establish or change a permit 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) of the 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 of minor permit modification procedures shall meet the 

requirements of subsections C and D of20.2.70.300 NMAC and shall include: 

(a) A description of the 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 of minor permit modification procedures and a request that 

such procedures be used; and 

(d) If the requested permit modification would affect existing compliance plans or schedules, 

related progress reports, or certification of compliance requirements, an outtioe of such effects. 

(4) The Department shall, within thirty (30) days after its receipt of an 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 of incompleteness within thirty (30) 

20.2.70 NMAC 19 
days of receipt of an application, !be application shall be <lamed complete. If the applicstion is judged 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 or points of clarification are necessary to judge the 

application complete, 

(5) Wi!hin five (5) worlcing days of notification 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) of subsection 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) of subsection 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 conditio liS 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 of the proposed penni! modification or until US EPA has notified !be Department that the 

Administrator will not object to issuance of the permit modification, although the Department may approve the 

permit modification prior to that time. Wi!hin ninety (90) days of ruling the application complete uoder minor 

permit modification procedures or wi!hin fifteen (15) days after the end of the Administrator's 45-day review period, 

whichever is later, the Department shall: 

(a) Issue !be penni! 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 of 20.2. 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 the judgment of the 

Department, require decisions to be made on significant or complex issoes; and 

(d) Changes in ownership which do not meet the criteria of paragraph (2) of subsection A of 

20.2.70.404 NMAC. 

(2) For significant modifications which are not required 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 of any applicable 

requirements and operating penni! terms and conditions contravened by the 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 of this 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 of signifiCant 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 of the acid rain portion of the permit shall be governed by regulations promulgated by 

the Administrator UDder title IV of the 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 OR TERMINATION: 

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 of the permit. A permit sball be reopened and revised for any of the following, and 

tnay be revoked and reissued for subparagraphs (c) or (d) of the following: 

{a) Additional applicable requirements under the Federal Act become applicable to a major 

smm:e with a remaining permit term of three (3) or more yearB. Such a reopening aball be completed not later than 

eighteen (18) months after promulgation of the applicable requirement. No such reopening is required if the 

effective date of the requirement is later than the date on which the permit is due to expire, uulesa the original penn it 

or any of illl terms or conditions have been extended past the expiration date of the 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 of the 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 of the permit; or 

(d) The Department or the Administrator determines thet the permit must be revised or revoked 

and reissued to assure compliance with the applicsble requirements. · 

{2) Proceedings to reopen and revise, or revoke and reissue, a penni! 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 of an 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 of willfol disregard for environmental 

laws of any sbote or TnDalauthority, or of the 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 or method 

required to be mainmined under the permit; 

(f) The permittee 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 of intent to the permittee at least thirty 

(30) days in advance of the date on which a permit is to be reopened or revoked, or tenninsted, except that the 

Department may provide a shorter time period in the case of an emergency. The notice shall state that the permittee 

tnay, within 30 (thirty) days of receipt, submit comments or request a ljcariog on the proposed permit action. 

B. Action by the Administrator: Within ninety (90) days, or longer if the Administrator extends this 

period, after receipt of written 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 of an 

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 or the 

Administrator under subsections A and B of 20.2. 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 or revocation of any penni! 

or portion thereof: 

[11/30195; 20.2.70.405 NMAC • Rn, 20 NMAC 2.70.405, 06/14102] 

20.2. 70 ]).'MAC 21 
20.2. 70.406 CITIZEN SlllTS: Pursuant to section 304 of the 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 of this 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 of the terms or conditions of a permit issued pursuant to 

this Part. 

A. Information from the use of the fOllowing methods is presumptively credible evidence of whether 

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 CFR parts 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 of 20.2. 70.408 NMAC or paragraph (I) of subsection 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 of Repealed Material: [RESERVED! 

Other History: 

EIBIAQCR 770, Air Quality Control Regulation 770- Operating Permits, filed 11115193 was renumbered into first 

version of the 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. 

Thall he 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) 88 el 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 

a Ia p/Opuesta cevl816n alSIP d8l 

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 NMED 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· tajdel 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 lnlciaf de 

mantenlmlento de un Area. En 

cuanto Ia Olrecx:i6n adoplo Ia 

revllll6n del SIP 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~Ulr 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 orreCJ 
c 

SiJver City Daily Press 

and Independent 

3130A Hwy. I ROE. 

Post Oftice Box 740 

Silver City, New Mexico Hl-:062 

(575) 38!!·1576 

INVOICE FOR l'liULICATION OF LEGAL 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 Enlllronment 

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 by that ~n atlhe hearing; and 

(5) 9ch the text of any recommended modifications to the 

pt9J)Osed SIP 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 Sulfur DIOXIde 

Maintenance SIP. Secllon 175A 

d the Fedaral Clean Air Act 

rcAA"l requires 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 therells aufllaleot data to 

prove that area Ia ~ In com· pllancs with the standard. In 

February 2003, NMED submit• 

ted to the U.S. EnvlroomentaJ 

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 ror 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 at wwW.nn'ltlnV.stale.nm.ua. 

A membef of ltle general public 

who wishes 10 submit a written 

S1alement for lhe record, In Ueu 

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 dlsablllty and 

needing help 111 being a pari 

or this hearing process shOuld 

contact Juan CUrios Borrego of 

the NMEO Human Resources 

Bureau by September 23, 2013 

at P.O. BOx 26110, 1190 St. Frenc4s Drive. Santa Fe, New 

MeKico, 87502, telephone 505· 

827.()424 or email juancar1os. borreqo@Nte.nm.us, TOY usc 

c 
c 

(1 

Invoice 

Invoice Number: NMR-2014- 15 

Date: 8/1/2013 

Commission of Public 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 2 I 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 c011'!'1l1·sio11 of Public Recor<l• 

Form SRC-2002~3- Revised September 2006 
New Mexico Commission of Public Records 

Administrative Law Division 

1205 Camino Carlos Rey 

Santa Fe, NM 87507 

505-476-7907 

Affidavit of Publication 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 of Publication: 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 of Rulemaking Hearing 

Other Other Mnterial Notice of State lmplcmenliltion Revision Plan 

State of New 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 the published 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 oftlte Nnlional 

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 of the 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. 

A member 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 a part of this 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 or emeiljunnc•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 of Other 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 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 $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 so2 

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 if you 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 of the 

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 of the Board, I am here to present testimony on the 

Department's proposed revisions to the New Mexico State Implementation Plan (SIP) for the 

adoption of the 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 of the 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 of gases 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 SOz 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 of existing 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 per billion (ppb ), an annual average standard at 30 

ppb and a 3-hour secondary standard of 500 ppb. These standards were not revised until2010, 

when EPA established a new !-hour standard at a level of 75 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 of SO: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 . . . . . . * Actual UIWI.Otu mclude un..penmtledfoglttve 801 emuswns . 

'' EPII's d<fou/t ,../e "..fec~Mmess of80% """''liance - appiUd w llr• actwl emw/mu data. 

•u.f'or the $01 daily emJ.rslolu calcw/aticn. 36j days per ywr operation 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 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 SOl emission limit is set at 

50.0 tpy, the actual S~ emissions generated from these types of sources 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 of the Federal Clean Air Act (CAA) requires states to develop state 

implementation plans to provide fur the maintenance of the 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 of the Federal Clean Air Act. EPA allows 

nonattairunent and maintenance areas that 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 (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 of S(h 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. 

The proposed Gant County Limited Maintenance plan includes five elements. 

1. Attainment Inventory 

2. Maintenance Demonstration 

3. Monitoring Network 

4. Verification of Continued Attainment 

5. Contingency Plan 

1 "Umiled Maintenance Plan Option for Nonclassifmble Ozone Nonattainment Areas," Memo from Sally L. Shaver 

to EPA regional air directors, Nov. 16, 1994 (NMED Exhibit 5). In the absence of guidance 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 of the current SO:z , 

3 ambient air quality monitor that is located in Hurley, New Mexico, and the use instead of an 

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 of all 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. If after one year, the S01 monitored values are at or under 50% 

12 of the 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 of major SO:zpoint sources within the Grant County maintenance area, 

15 the limited number of SO:z point sources within the area surrounding the maintenance area, and 

16 the negligible concentrations of S01 as shown by monitoring, the Division does not deem it 

17 necessary to continue ambient air quality monitoring to verify continued maintenance of the 24· 

18 hour and annual SO:z standards. The use of the alternative methodology would reduce the 

19 resource burden on the State associated with the operation of a monitor and monitoring site aod 

20 allow the monitor to potentially be utilized at another location if needed. 

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 of public 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 or businesses of New 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 of this hearing. A proposed statement of reasons 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 of Reasons 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 § II 0 (k). 

6. The proposed SIP revisions meet EPA requirements for a "limited" maintenance plan 

applicable in areas with ambient concentrations of less than 85% of the NAAQS at issue. 

(Ambient levels of S(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 I 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 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 the jurisdiction of the Board. 

E1B No. 13-05 Proposed Statement of Reasons 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 of Hearing was published in the Silver City Daily Press (in 

English and Spanish), and in the New Mexico Register. 

13. NMED filed a Notice of Intent 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 of the reasons stated above. 

ORDER 

By majority vote of a quorum of the 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 Behalf of the 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% of the 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 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. 

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 the jurisdiction of the 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 1 0-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 of Hearing 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 of the 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 of injury to or interference with health, welfare, visibility and 

property; 

(2) the public interest, including the social and economic value of the sources and 

subjects of air contaminants; and 

EIB No. 13-05 Statement of Reasons and Order 

Page 3 of4 
.• 

/ 

(3) technical practicability and economic reasonableness of reducing or eliminating air 

contaminants from the sources involved and previous experience with equipment and 

methods available to control the air contaminants involved. 

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 of the reasons stated above. 

ORDER 

By unanimous vote of a 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 Behalf of the Board 

EIB No. 13-05 Statement ofReasons and Order 

Page 4 of4 
NEW 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 February 2003, NMED submitted to the U.S. Environmental 

Protection Agency ("EPA") a Redesignation Request and Maintenance Plan for the Grant County 24-hour 

SO2 nonattainment 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 32nd Street, 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 with the 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 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 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 SO2 de 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 incorporación al 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 Mejora 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 quien testificará(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 en la 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 l30A H'"''Y· 180 E. 

Post Office Box 740 

Silver City, New Mexico ggQ62 

(575 ) 38X-I 576 

INVOICE FOR PUBLICATION OF LEGAL OTICE 

New M exico Air Quality Bureau 

POBox26110 

Santa Fe. N M H7502 

Date Description 

7/3 1/13 Stntc Implementation Plan Revision (S) 

PO# lnclles Linesi 

00000.20209 26.25 I R3.75 

Total 

(iii .63 =$ 11 5.76 

(i!_! .49 -

-

<II .49 --

t~ .49 -

-

tt]• .49 -

-

({l .49 -

-

fit .49 -

-

Tntu l udH'~ 26.25 Suhtnta l £115.76 

Please indudt• tup portion with payment to ensure JH"OJH'r crcdiL 

Affidavit of Publication 

STATE Of NEW MITXTCO J 

s s 

County t)C Grant 

T:n $8.5~ 

Grand Tota l 2~.3 0 

Chri:-. tina Ely. being fir~t duly :-worn. on her oath says: That she is the publisher of" the Silver 

City Duily Pre~s and lndepetHknt. a newspaper printed ami published in the To,vn of Silver 

City. in the County o!"Grant and tht! State of New Mexico, and that said ncwsrwpcr is now,antl 

wa~ al all time~ herein mentioned. il newspaper of general c.:in.:ulation. 

That the auvcrtbcm~nt. cnpy of which is hereto attached. was puhlt'>hcd in -.aid hereinbefore 

mentioned ncw-.pttpcr once ca~h and every week for I con!-.ccutivc.: wee"- (h). the fir~l 

publication lhcrc.:of h~tvi g been made on 7/3 1/ 13 anclthc la"t publication thaeof having been 

made un . Thai ":11d ncwspupcr was regularly printed, published and is:-ucd with said 

notice herein upon the following da e~. to ·.vit: 

7131!11 

Subscribed und sworn to hc f'orc me on this 2. 

~~Q 

day or Auou~T 

)(~~ 
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 relaciOn 

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 EPA aprueba e1 plan lniclal de 

mantenimlento de un area. En 

cuanlo Ia Dltecci6n adopte Ia 

r8V'I816n del SIP para el area de 

mantOOimiento 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 lnformativa 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) 

La 

n!Il.Ua.

47&-43190 

audlencfa . 

~ 

se reallzarA d£' 

conformidad oon 20.1 1 NMAC 

(Procedimlentos de Reglamen ~IM - Consejo para fa Mn1

o 

ra del Medlo 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 lncluyendo 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-
S i I ver City Daily Press 

and Independent 

3 130A Hwy. 180 E. 

Post Office Box 740 

Silver City, New Mexico 88062 

(575) 388~ 1576 

INVOICE FOR PUBLICATION OF LEGAL NOTICE 

New Mexico Air Quality Bureau 

PO Box 261 10 

Santa Fe, NM87502 

Date Description 

7/J 1/ 13 State Implementation Plan Revision 

PO# Inches Lines1 

0000020209 22.75 159.25 

Total 

(iq .63 =$ 100.33 

@, _49 -

-

((f) .49 -

-

(q' .40 -

-

(!_! ~ .49 = 

({fi .4Y -

(!!' .49 -

-

'fntal lnclws 22.75 

Please include top portion " 'ith payment to ensure propt•t· credit. 

S ul)llllal $ 100.33 

Ta x $7.40 

Grand Total $ 1 07, J:, 

Affidavit of Publication 

STATE OF NEW M EXICO. J 

s s 

County or Grant 

Christina Ely, being rirst duly sworn. on hrr oath says: That :-, he i~ tbe publisher of the Silver 

City Daily Press and l lldcpcndcnt. ~~ newspaper printed and published in the Town nf Silver 

C ity. in the County of Grant and the Stale or New M exico. and that said newspaper is now,and 

~ at all times herein me11tioncd, n newspaper of general circulation. 

Th<~tlhe advcnisement. <..:opy of which is hereto anachcd, was publiHhcd in said hereinbefore 

Jllentioncd newspaper once e;tch and every week ror I conscculivc week (s). the l'irsl 

publi<.:nr ion I hereof having been ntade on 7/J I /IJ a11d Lbe last publication thereof having been 

made on . That said newspaper was regularly prinleu, published nnJ issued with S<.tiJ 

notice herein upon the following date:-,, to wit: 

7/31 / IJ 

Subst:ribed and sworn Lobe lore me on Lhjs 9 clay orAu%0Q\ 

dtf~ ){,~ 
Legal 

NEW MEXICO 

ENVIRONMENTAL 

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 ")requires states to 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 12:00p.m.-3:00p m on 

September 4, 2013 To attend 

the informational open house, 

please contact Gall Cooke at 

50f;·•78-4319 or gall.cooke® 

state.nm.us. The proposed revised plan may 

be reviewed during regular bual· 

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 at www.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 for whom 

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 education 

and work background; 

(3) Include a copy of tho direct 

testimony of each tech meal 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 tor the heanng 

must be received 1n lh~ OffiCe 

of the Board not later than 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·teehnleel 

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 

at P.O. Box 26110, 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: Gail Cooke 

Environment Department 

525 camino de Los Marquez #1 

Santa Fe, NM 87505-

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) 4 76-7910 

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 2013 

Air Quality Bureau 

State Records Center and Archives 

Please pay promptly 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 of Publication 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 of Publication: 

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 Notice of Rulemaking Hearing 

Other Other Material Notice of State Implementation Revision Plan 

(seal) 

State of New Mexico, County of Santa Fe 

Signed and affirmed before me on Thursday, August 01,2013 

by ArtBransford , [2 .n ~ 

Notary Publicc:::7}~ £_ \ o _ Louise Wood [My commission expire"= ~ Affiant: Cft.<-1-~~ _ _ Publisher, New Mexico Register Date: 8/1/2013 

Copies of the published material documented in this affidavit are enclosedForm SRC-2002-04 Revised July 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 IMPLEMENTATION 

PLAN REVISION 

The New Mexico Environmental 

Improvement Board ("Board") will hold 

a public hearing on October 8, 20 I 3 at 

I 0:00 a.m. at the Grant County Business 

and Conference Center, Fort Bayard Room, 

303 1 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 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 Sl Ps I 0 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 I, Santa Fe, New Mexico 87505, from 

12:00p.m.-3:00p.m. on September 4, 20 13. 

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 32nd Street, 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) 4 76-4319 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 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) 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 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 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)827-03 10 

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 emailjuancarlos. 

borrego@state.nm.us. TOY 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 or 

the hearing, or the Board may convene a 

meeting at a later date to consider action on 

the proposal. 

End of Other Related Material 

Section 
From: 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 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 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

with NMED’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 SO2

monitor at the Hurley, NM monitoring location or at a site expected to read greater SO2 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 existing

monitor 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 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 if you would like to discuss further.
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, Gail, NMENV; Singleton,Kerwin, NMENV

Subject: SO2 Limited Maintenance Plan for Grant County

Hello Guy and Dayana,

We have revised our draft 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 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.

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 (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 8th 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

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

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

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

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

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

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

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

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 figured 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
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

6

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.
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

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.
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

8

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 tasks with the Bureau are to develop

state implementation plans and community initiative

projects, as well as to develop regulatory language and

conduct public outreach.

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
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

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

redesignation 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.
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

10

New Mexico last recorded a monitored

exceedance of their sulfur dioxide National Ambient Air

Quality Standard in Grant County, New Mexico in 1975.

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 175A 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
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

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
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

12

Permits -- which are -- 74 is in Exhibit 6, and 70 is in

Exhibit 7 -- for modeling and postconstruction

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 relocate 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 removed and the alternative

sulfur dioxide methodology would be reinstated.

Q. Thank you.

Can you explain a little the modeling and

postconstruction monitoring requirements under the Part

74 and Part 70 which you mentioned in your previous

answer?

A. Yes, I will.
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

13

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 postconstruction 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

postconstruction 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 modeled.

A decision by permitting staff to require

postconstruction monitoring would be made after the

prevention of significant deterioration application has

been thoroughly reviewed.

Postconstruction 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
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

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 2nd,

2013, and in the New Mexico Register on July 31st, 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.
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

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 disapprove

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
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

16

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.
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

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 25th,

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 unheard of.

So the main reason why it's not actually

included in the Federal Register notice is -- like I
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

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 based 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
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

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 SO2 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

remove 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.
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

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 removed, 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
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

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 -- none

emissions -- no emissions. And so at that point, you

actually go into attainment, and you no longer have to

do the maintenance status plan update. 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
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

22

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 1978,

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
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

23

testimony.

MS. BATES: Do you want me to take that?

MS. COOKE: Sure.

MS. BATES: Okay.

Since there are no SO -- major SO2 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
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

24

subject to the same rules that all sources throughout

New Mexico is, and so the social and economic value of

the sources 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.
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

25

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.
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

26

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.
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

27

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

understood the witness to testify that the notice of

hearing is published in the Silver City Daily Press on

August 2nd, 2013, in the Register on July 31st, 2013.

MS. PEACOCK: August 13th?

MR. HOLT: August 2nd, 2013, for the Silver

City Daily Press.
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

28

MS. PEACOCK: And in the New Mexico Register

on --

MR. HOLT: July 31st.

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 SO2, 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.
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

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.)
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

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

13th [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

175A [1] - 10:16

18 [4] - 4:8, 15:18,

16:3, 16:7

180 [1] - 1:15

18th [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

25th [1] - 17:5

2nd [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

31st [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

8th [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

Air [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

anyway [1] - 22:3

Appendixes [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

Approval [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/

KATHY TOWNSEND COURT REPORTERS

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

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

1

maintenance [1] -

21:8

attendance [1] - 6:5

attended [1] - 14:19

attending [1] - 25:13

attorney [2] - 30:12,

30:15

August [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

COOKE [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

COUNTY [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

KATHY TOWNSEND COURT REPORTERS

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

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

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

GAIL [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

GRANT [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

GRANTHAM [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

HOLT [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

MAINTENANCE [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

MICHAEL [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

NOTARY [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

PLAN [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

SO2 [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

sworn [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

TIMOTHY [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

viewable [1] - 6:12

violation [1] - 12:11

Virginia [1] - 7:24

visibility [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