### Bill Richardson Governor 

## April 8, 2010

Dr. Alfredo Armendariz Regional Administrator U.S. Environmental Protection Agency, Region VI 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733

Dear Dr. Armendariz:
On behalfofthe New Mexico Environment Department, I am pleased to submit to the Environmental Protection Agency the enclosed revision to the New Mexico State Implementation Plan (SIP). This revision includes amendments to New Mexico Administrative Code (NMAC) 20.2.1 NMAC

- General Provisions. The hearing record for this SIP revision is attached, which includes the filed regulation, transcripts, exhibits, public notices, affidavits of publication, the notice ofintent to testify, and public comments.
Ifthere are any questions concerning this SIP submittal, please contact Mary Uhl, Air Quality Bureau Chief, at (505) 476-4301. Sincerely,

Bill Richardson Governor ofNew Mexico
BRlfl
cc: Carl Young, EPA Region 6 Ron Curry, NMED, Cabinet Secretary Jim Norton, NMED, Environmental Protection Division Director Mary UbI, 

## NMED, Air Quality Bureau Chief

State Capitol • Room 400 • Santa Fe, New Mexico 87501 • 505-476-2200 • www.govemor.state.nm.us

# 2010 APR IS AM 10= 32 

# NMACTRANSMITTAlFORM
1.24.10 NMAC

1. Issuing Agency

Environmental Improvement Board [Sequence #

3. Ageney P.O. Box 

### 26110 1190 St. Francis Drive, Santa Fe, New Mexico 

### 87502
4. Contact Person Name Gail Cooke E-mail Gail.cooke@state.nm.us 

# I Phone # 

# I (505) 476-4319 

# I FAX 

# I (505) 476-4375

Renumber 

# D Repeal 

# D Emergency

_______...1.- 11 8. Effective date: I 6/1/10

1 [part 

# I Chapter New 

# 15. Type of Rule Action

10. NMAC Name Title 

# IChapter 

### I Part Environmental Protection lAir Quality 

# I General Provisions I (Statewide)
11. Amendment Description Added a new section 12 Amendment's NMAC Citation 

### 20.2.1.116 NMAC

14 Are there any: materials incorporated by: reference? Reference 

### I Internet site No 

### x Yes Please listattachments 1.

- 

### -- andInternetsite(s) if applicable 2 

### 3. 

# 115 If materials are attached, has copyright permission been received? 

# NoD 

# -r. Public domain

# D

17 Signature & Title of Issuing Authority (Delegatedau mustbe on file)

Title: Chair Name: Gregory Green Checkif delegated authority 

# D

SRC-2000-02 512612000 Date Signed

# STATE 2010 

# APR 15 AN 

# to: 32 This is an amendment to 20.2.1 NMAC, Section :5 

### and the addition of a new section, Section 116 effective 06/1/10.
20.2.1.5 EFFECTIVE DATE: October 27. 1995. unless a later date is cited at the end of a section [09/05/95,10-27-95; 20.2.1.5 NMAC

- Rn, 20 NMAC 2.1.104 10/31/02; 

### A 06/01/10] [The latest effective date of any section in this Part is 06/0 II10.]
20.2.1.116 SIGNIFICANT FIGURES: A. All emissions standards are deemed to have at least two significant figures. but not more than three significant figures. B. 

### At least five significant figures shall be retained in all intenllediate calculations. Co 

### In calculating emissions to detennine compliance with an emission standard. the following rounding offprocedures shall be used: (1) 

### if the first digit to be discarded is less than the number five. the last digit retained shall not be changed: (2) 

### if the first digit discarded is greater than the number five. or if it is the number five followed bv at least one digit other than the number zero. the last figure retained shall be increased bv one unit: and (3) 

### if the first digit discarded is exactlv the number five. followed onlv by zeros. the last digit retained shall be rounded upward if it is an odd number. but no adjustment shall be made if it is an even number: (4) 

### the final result of the calculation shall be expressed in the units of the standard. [20.2.1.116 NMAC

- N, 06/01/10]

20.2.1 NMAC**~.\92021«** 

### t(\'\;

... 

### h.

### ~'? 

## !.? tJ;

### ~1' 

## :t**.~** 

## 'C6 $2

# ~t\\**~&~** tj 

## STATE OF NEW MEXICO**t\~\\\I\?"'"** 

# b5 BEFORE THE ENVIRONMENTAL IMPROVEMENT BOARD

. 

# /i**~6"** 

# oJ IN THE MATTER OF PROPOSED REVISIONS O'<DSpo;:>Z\'/\'<V 

## TO: 20.2.1 NMAC

- 

## General Provisions No. EIB 09- <:.



## PETITION FOR REGULATORY CHANGE

The New Mexico Environment Department ("Department"), pursuant to 20.1.1
NMAC - Rulemaking Procedures, hereby petitions the Environmental Improvement Board ("Board") to revise 20.2.1 NMAC - General Provisions. The revised rules and statement of
reasons are attached. The Board is authorized to adopt these rules by the Air Quality Control Act, NMSA 1978 § 74-2-5.
The Department requests that the Board schedule the hearing for April 5, 2009 during its regular meeting. The Department anticipates that its testimony regarding the revisions to Part 1 will require approximately one hour.

Respectfully submitted,
NEW MEXICO ENVIRONMENT DEPARTMENT OFFICE OF GENERAL COUNSEL 

# /2- -:;7

# ~------ Bill Grantham Assistant General Counsel New Mexico Environment Department 1190 St. Francis Drive, Suite N-4050 Santa Fe, New Mexico 87505 Telephone: (505) 827-2824 bill.grantham@state.nm.us

## STATEMENT OF REASONS

The New Mexico Environment Department (Department) is proposing revisions to 20.2.1 NMAC - General Provisions 

## (Part 1) to comply with guidance issued by the U.S. Environmental Protection Agency (EPA) regarding the use ofsignificant figures for calculating and reporting emission rates and concentrations when determining compliance with state and federal emission standards.
The Department proposes the following changes to Part 1: Guidance issued by EPA in 1990 regarding performance test calculations outlines the maximum and minimum significant figures that should be used for calculating and reporting emissions rates and concentrations. The state is proposing to use the same significant figure procedures outlined in EPA's 1990 guidance document for the reporting and calculation ofemission rates and concentrations.
1. Section 116
20.2.1.116 SIGNIFICANT FIGURES A. All emissions standards are deemed to have at least two significant figures, but not more than three significant figures. B. At least 5 significant figures shall be retained in all intermediate calculations. C. 

## In calculating emissions to determine compliance with an emission standard, the following rounding offprocedures shall be used: (1) 

## Ifthe first digit to be discarded is less than the number 5, the last digit retained shall not be changed; (2) Ifthe first digit discarded is greater than the number 5, or ifit is the number 5 followed by at least one digit other than the number zero, the last figure retained shall be increased by one unit; and (3) 

## Ifthe first digit discarded is exactly the number 5, followed only by zeros, the last digit retained shall be rounded upward ifit is an odd number, but no adjustment shall be made ifit is an even number. D. The final result ofthe calculation shall be expressed in the units ofthe standard.

### 20.2.1.1 ISSUING AGENCY: New Mexico Environmental Improvement Board. [09/05/95; 20.2.1.1 NMAC - Rn, 20 NMAC 2.1.1 00 10/31/02]

20.2.1.4 DURATION: Permanent. [09/05/95; 20.2.1.4 NMAC - Rn, 20 NMAC 2.1.103 10/31/02] 20.2.1.2 SCOPE: The provisions ofthis Part apply to all Parts ofthis Chapter. [09/05/95; 20.2.1.2 NMAC - Rn, 20 NMAC 2.1.101 10/31/02]

20.2.1.5 EFFECTIVE DATE: October 27, 1995. [09/05/95, 10-27-95; 20.2.1.5 NMAC - Rn, 20 NMAC 2.1.1 04 10/31/02] [The latest effective date ofany section in this Part is 10/31/02.]

[RESERVED] DEFINITIONS: [RESERVED] ENVIRONMENTAL PROTECTION AIR QUALITY (STATEWIDE) GENERAL PROVISIONS

20.2.1.7 20.2.1.3 STATUTORY AUTHORITY: Statutory authority comes from the Environmental Improvement Act, NMSA 1978, sections 74-1-1 et seq., and 

### the Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq. [09/05/95; 20.2.1.3 NMAC

- Rn, 20 NMAC 2.1.1 02 10/31/02]

20.2.1.8 to 20.2.1.105 TITLE 20 CHAPTER 2 PART 1

20.2.1.109 CONSTRUCTION: Any Part under Chapter 2 ofTitle 20 shall be liberally construed to effectuate the purpose ofthe Environmental Improvement Act, NMSA 1978,74-1-1 et seq. and the Air Quality Control Act, NMSA 1978, 74-2-1 et seq. [09/05/95; 20.2.1.109 NMAC - Rn, 20 NMAC 2.1.10910/31/02] 20.2.1.106 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: A. This Part amends and supersedes Air Quality Control Regulations (AQCRs): (1) 110, Confidential Information Protection, last filed May 29, 1990; (2) 701, Procedures for Requesting a Variance Hearing, last filed Oct. 7,1975; (3) 1001, Sampling Equipment, last filed Jan. 27,1970; (4) 1101, Severability, last filed Jan. 27,1970; (5) 1201, Effective Date, last filed Jan. 27, 1970; (6) 1301, Conflicts, last filed Jan. 27, 1970. B. All references to AQCRs 110, 701, 1001, 1101, 1201, and 1301 in any other rule shall be understood as a reference to this Part. [09/05/95, 10-27-95; 20.2.1.1 06 NMAC - Rn, 20 NMAC 2.1.1 06 10/31/02]
20.2.1.107 SEVERABILITY: Ifany provision or application ofany Part under Chapter 2 ofTitle 20 is held invalid, the remainder, or its application to other situations or persons, shall not be affected. [09/05/95; 20.2.1.1 07 NMAC - Rn, 20 NMAC 2.1.1 07 10/31/02] 20.2.1.6 OBJECTIVE: The purpose ofthis Part (20.2.1 NMAC) is to establish general provisions which apply to all Parts ofthis Chapter (20.2.1 through 20.2.99 NMAC). [09/05/95; 20.2.1.6 NMAC

- Rn, 20 NMAC 2.1.105 10/31/02]

20.2.1.108 SAVING CLAUSE: Supersession ofany Air Quality Control Regulation (AQCR) shall not effect any administrative orjudicial enforcement action pending on the effective date ofany Part under Chapter 2 of Title 20, nor the validity ofany permit issued pursuant to any AQCR. [09/05/95; 20.2.1.108 NMAC - Rn, 20 NMAC 2.1.108 10/31/02] 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 26 27 28 29 30 31 32 

### 33 34 35 36 37 38 39 40 41 42 43 

### 44 45 46 47 48 49 50 51 52 53 54 

### 55 56

Proposed Revisions to 20.2.1 NMAC

### 1 20.2.1.110 COMPLIANCE WITH OTHER REGULATIONS: Compliance with any Part under Chapter 

### 2 2 ofTitle 20 does not relieve a person from the obligation to comply with other applicable state and federal 3 regulations. 4 [09/05/95; 20.2.1.110 NMAC

- 

### Rn, 20 NMAC 2.1.110 10/31/02] 5 

### 6 20.2.1.111 AVAILABILITY OF MATERIALS INCORPORATED BY REFERENCE: Materials 7 incorporated by reference into any Part under Chapter 2 ofTitle 20 may be viewed at the State Records Center (404 8 Montezuma, Santa Fe, NM 87503) [1205 Camino Carlos Rey, Santa Fe, NM 87505] or at the New Mexico 9 Environment Department, Air Quality Bureau (Harold Runnels Building, 1190 St. Francis Dr., Santa Fe, NM 10 87503) [2048 Galisteo St., Santa Fe, NM 87505]. 11 [09/05/95; 20.2.1.111 NMAC

- 

### Rn, 20 NMAC 2.1.111 10/31/02] 12 

### 13 2Q.2.1.112 EFFECT OF STAY OR INVALIDAnON OF INCORPOR.ATED FEDERAL 14 

### REGULATIONS: Ifa federal court stays, invalidates or otherwise renders unenforceable by the Environmental 15 Protection Agency (EPA), in whole or in part, any federal regulation incorporated by reference in any Part under 16 Chapter 2 ofTitle 20, such incorporated federal regulation shall be enforceable by the Department only to the extent 17 it is enforceable by EPA. 18 [09/05/95; 20.2.1.112 NMAC

- 

### Rn, 20 NMAC 2.1.112 10/31/02] 19 20 

### 20.2.1.113 SAMPLING EQUIPMENT: When directed by the Environment Department, or its designated 21 representative, the necessary openings for sampling equipment shall be provided on stacks or other openings 

### 22 through which emissions are released to the atmosphere. 23 [09/05/95; 20.2.1.113 NMAC

- 

### Rn, 20 NMAC 2.1.113 10/31/02] 24 25 

### 20.2.1.114 PETITION PROCEDURES FOR REQUESTING A VARIANCE HEARING: 26 A. Definition: As used in this section [part], "petitioner" means a person seeking a variance from a 27 regulation ofthe Environmental Improvement Board or limitation prescribed under the Air Quality Control Act 28 pursuant to NMSA 1978, section 74-2-8. 29 B. 

### Petition Procedures: 30 (1) Any person seeking a variance from a regulation ofthe Environmental Improvement Board, or a 31 permit condition imposed by the Department, or from the limitations prescribed under the Air Quality Control Act 32 pursuant to section 74-2-8 NMSA 1978, shall do so by filing a written petition with the Secretary. Petition forms 33 may be obtained from the Environment Department. 34 (2) Petitions shall: 35 (a) State the petitioner's name and address; 36 (b) State the date ofthe petition; 37 (c) Describe the facility or activity for which the variance is sought; 38 (d) State the address or description ofthe property upon which the facility is located; 39 (e) Identify the regulation ofthe board or limitation prescribed under the Air Quality Control 40 Act from which the variance is sought; 41 (f) 

### State in detail the extent to which the petitioner wishes to vary from the regulation or 42 limitations; 43 (g) State why the petitioner believes the variance isjustified; and 44 (h) State the period oftime for which the variance is desired. 45 (3) The petitioner may submit with the petition any relevant documents or material which the 46 petitioner believes would support the petition. 47 C. The Environment Department's response and any further action and proceedings shall be in 48 accordance with general adjudicatory procedures ofthe Environmental Improvement Board. 49 [10/27/95; 20.2.1.114 NMAC

- 

### Rn, 20 NMAC 2.1.11410/31/02] 50 51 

### 20.2.1.115 CONFIDENTIAL INFORMATION PROTECTION: 52 A. Definitions: As used in this section: 53 (1) "Claimant" refers to a person or business who makes a claim ofconfidentiality. 54 (2) "Confidential business information" refers broadly to information that, ifmade public, would 55 harm a business' competitive position. This includes trade secrets and may include data relating to the profits and 56 costs ofthe owner or operator which have not previously been released to the public.

Proposed Revisions to 20.2.1 NMAC 2

### 1 (3) "Nature and amount ofemissions" means information necessary to determine the identity, 2 amount, frequency, concentration, or other characteristics (to the extent related to air quality) ofany air contaminant 3 emission and includes a general description ofthe location and nature ofthe source. 4 (4) "Source" or "stationary source" means any building, structure, equipment, facility, installation 5 (including temporary installations), operation or portable stationary source which emits or may emit any air 6 contaminant. Any research facility may group its sources for the purpose ofthis section, at the discretion of the 7 Secretary. 8 (5) "Trade secret" refers to a secret plan or process, tool or mechanism unique to the owner or 9 operator ofa business. lOB. Confidentiality Determinations: The Environment Department shall keep confidential trade 11 secrets or confidential business information under applicable legal principles to the extent that: 12 (1) 

### Business information furnished to or obtained by the Environment Department concerning air 13 contaminant sources shall be considered for confidential treatment if specifically marked as confidential at the time 14 such information is submitted; 15 (2) The Department is not required to disclose this information pursuant to a statutory provision; and 16 (3) The following conditions are satisfied: 17 (a) The claimant has asserted a claim ofconfidentiality which has not been waived, withdrawn 18 or denied; 19 (b) The claimant has satisfactorily shown that it has taken reasonable measures to protect the 20 confidentiality ofthe information, and that it intends to continue to take such measures; 21 (c) The information is not, and has not been, reasonably obtainable without the business' 22 consent; and 23 (d) The claimant has satisfactorily shown that disclosure ofthe information is likely to cause 24 substantial harm to the business' competitive position. 25 C. This section (20.2.1.115 NMAC) shall not be construed to prohibit disclosure ofrecords and 26 information: 27 (1) To other officers, employees or authorized representatives ofthe Department, the local agency, 28 the Environmental Improvement Board, or the local board concerned with carrying out the Air Quality Control Act; 29 (2) To officers, employees or authorized representatives ofthe United States Environmental 30 Protection Agency concerned with carrying out the federal act; 31 (3) When relevant, in any proceeding under the Air Quality Control Act or the federal act; 32 (4) Ofdata concerning the nature and amount ofemissions from any source; or 33 (5) Limit the use ofsuch records or information in any civil or criminal action, subject to such 34 protection as the court may give. 35 D. 

### Procedures for Handling Requests for Confidentiality: 36 (1) The Department's Office ofGeneral Counsel (OGC) in each case shall determine whether and to 37 what extent the information qualifies for confidential treatment under this section. 38 (2) Ifthe Department determines it will need additional information in order to decide whether 39 information submitted by the claimant qualifies for confidential treatment, the Department shall send the claimant a 40 written notice requesting additional information. 41 (a) The claimant shall submit the requested additional information within thirty (30) days of 42 receiving the Department's request. The Department shall keep the claimant's information confidential and not 43 disclose it to the public during that thirty (30) day time period. 44 (b) Ifthe claimant does not submit the requested additional information within the thirty (30) 45 day time period, then the Department shall assume that the claimant has abandoned or withdrawn the claim of 46 confidentiality, and may release the information to the public upon request (following the expiration ofthe thirty 47 (30) day period). 48 (3) Within thirty (30) days ofreceiving material marked as confidential or within thirty (30) days of 49 receiving any additional information the Department requested, the Department shall determine whether and to what 50 extent the information qualifies for confidential treatment under this section. 51 (4) Once a decision is reached, the Department shall send the claimant a written notice ofthe decision 52 by certified mail. 53 (5) Ifthe Department notifies a claimant that his or her claim ofconfidentiality will not be honored, 54 the Department shall not make the information available for public inspection or copying for thirty (30) days in 55 order to give the claimant an opportunity to request administrative review ofthe decision. The Department shall not

Proposed Revisions to 20.2.1 NMAC 3

### 1 make the information available for public inspection or copying while an administrative review, or legal action to 2 prevent disclosure, is pending. 3 (6) Business information that has been determined to be confidential shall not be made a part ofany 4 public record unless the claimant expressly agrees to its publication. 5 E. Administrative Review: Every claimant has the right to request additional review ofany denial of 6 a request for confidential treatment ofbusiness information or documents. The Secretary shall be responsible for 7 conducting reviews ofdenials made by Department personnel. The Secretary shall use his or 

### her best efforts to 8 review denials within thirty (30) days ofreceiving the request for review. 9 [10/27/95; 20.2.1.115 NMAC

- Rn, 

### 20 NMAC 2.1.115 10/31/02] 10 11 20.2.1.116 

### SIGNIFICANT FIGURES: 12 A. All emissions standards are deemed to have at least two significant figures, but not more than 13**thre~** 

### signWcant figures. 14 B. At least 5 significant figures shall be retained in all intermediate calculations. 15 C. 

### In calculating emissions to determine compliance with an emission standard, the following 16 rounding offprocedures shall be used: 17 (1) 

### Ifthe first digit to be discarded is less than the number 5, the last digit retained shall not be 18 changed; 19 (2) 

### Ifthe first digit discarded is greater than the number 5, or ifit is the number 5 followed by at least 20 one digit other than the number zero, the last figure retained shall be increased by one unit; and 21 (3) 

### Ifthe first digit discarded is exactly the number 5, followed only by zeros, the last digit retained 22 shall be rounded upward ifit is an odd number, but no adjustment shall be made ifit is an even number. 23 D. The final result ofthe calculation shall be expressed in the units ofthe standard. 24 [XXlXXlXX] 

### 25 26 HISTORY OF 20.2.1 

### NMAC: 27 Pre-NMAC History: The material in this part was derived from that previously filed with the Commission of 28 Public Records-State Records Center and Archives. 29 HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, 01/27/70. 30 EIB/AQCR 110, Air Quality Control Regulation 110 - Confidential Information Protection, OS/29/90. 31 32 History of Repealed Material: [RESERVED] 33 34 Other History: 35 HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, (relating to those portions 36 numbered 1001-Sampling Equipment; 1101-Severability; 120I-Effective Date; 130l-Conflicts) filed 01/27/70; 37 (AQCR) 701, Procedure For Requesting A Variance Hearing, filed 10/07/75; and EIB/AQCR 110, Air Quality 38 Control Regulation 110 - Confidential Information Protection, OS/29/90was renumbered into first version of the 39 New Mexico Administrative Code as 20 NMAC 2.1, General Provisions, filed 08/03/95. 40 20 NMAC 2.1, General Provisions, filed 08/03/95 was replaced by 20 NMAC 2.1, General Provisions, filed 41 09/27/95. 42 20 NMAC 2.1, General Provisions, filed 09/27/95 was renumbered, reformatted and replaced by 20.2.1 NMAC, 43 General Provisions, effective 10/31/02.

Proposed Revisions to 20.2.1 NMAC 4

## STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD

IN THE MATTER OF PROPOSED AMENDMENTS TO: 20.2.1 NMAC

- General Provisions



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

Pursuant to 20.1.1.302.ANMAC, The New Mexico Environment Department (NMED)
Environmental Protection Division ("the Division") hereby submits its Notice of Intent to present
technical testimony in this proceeding.
1. 

## The person for whom the witnesses will testify.
The New Mexico Environment Department, Environmental Protection Division.


## 2. The name and qualifications of each technical witness.
Gail Cooke. Ms. Cooke is an Environmental Planner in the Control Strategies Section of the Air Quality Bureau within the Division. She has worked in the Air Quality Bureau since
June 1999. Ms. Cooke holds bachelor degree in Environmental Design from Texas A&M University and a master degree in Urban and Regional Planning from Virginia Tech University. Robert Samaniego. Mr. Samaniego is a Sr. Environmental Compliance Specialist in the Compliance & Enforcement Section ofthe Air Quality Bureau within the Division. He has worked at the Air Quality Bureau since 1996. Mr. Samaniego holds a bachelor degree in
Chemical Engineering from Rensselaer Polytechnic Institute.

Notice ofIntent Page 1 of3

## 3. Summary and Estimated Duration ofTestimony

Ms. Cook's written testimony is attached as Exhibit NMED 1. Ms. Cooke will provide testimony regarding the proposed revisions to 20.2.1 NMAC

- General Provisions. The Division
estimates Ms. Cooke's testimony will take less than 1 hour.
The Division will make Mr. Samaniego available for cross examination on a panel with

Ms. Cooke, ifnecessary.


## 4. Text ofRecommended Modifications to the Proposed Regulatory Change
The Division recommends amendment of20.2.1 NMAC as proposed in the petition of
December 18,2009 and as attached (without further revision) as Exhibit 3.


## 5. List and Description ofExhibits
The Division submits the following exhibits:
Exhibit Number

NMED 1
NMED2
NMED3
NMED4

NMED5

NMED6 Title ofExhibit
Written Testimony ofGail Cooke

Resume ofGail Cooke Proposed Rule Changes to 20.2.1 NMAC
U.S. Environmental Protection Agency: Performance Test Calculation Guidelines
Notices ofPublic Meeting and Hearing

Resume ofRobert Samaniego

7. 

## Reservation ofRights
This Notice ofIntent to Present Technical Testimony is based on the Division's petition.
The Division reserves the right to call any person to testify and to present any exhibit in response

to another notice ofintent or public comment filed in this matter or to any testimony or exhibit

Notice ofIntent Page 2 of3

## offered at the public hearing. The Division 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**,,~** 

## --=- c..--;? 

## Bill Grantham Assistant General Counsel New Mexico Environment Department 1190 St. Francis Drive Santa Fe, New Mexico 87502-6110 Telephone (505) 827-2824 Facsimile (505) 827-1628

Notice ofIntent Page 3 of3

## STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD

IN THE MATTER OF PROPOSED AMENDMENTS TO: 20.2.1 NMAC
- GENERAL PROVISIONS

WRITTEN TESTIMONY OF GAIL COOKE
Witness Qualifications: EIB 09-14(R)



## Gail Cooke is an Environmental Planner in the Control Strategies Section ofthe Air Quality Bureau. She has worked in the Air Quality Bureau since June 1999. Ms. Cooke holds a bachelor degree in Environmental Design from Texas A&M University and a master degree in Urban and Regional Planning from Virginia Tech.
I. INTRODUCTION


## The New Mexico Environment Department (NMED) Air Quality Bureau proposes amendments to 20.2.1 New Mexico Administrative Code (NMAC) - General Provisions. 

## NMED Exhibit 3 reflects the Department's proposed amendments in current NMAC format. The proposed amendments are shown in standard legislative format: new material is and deleted material stricken or designated as stricken. 20.2.1 NMAC (Exhibit 3) is hereinafter referred to as Part 1.
A. What is the Purpose of These Revisions?


## The New Mexico Environment Department (Department) is proposing revisions to Part 1 in accordance with guidance issued by the U.S. Environmental Protection Agency (EPA) regarding the use ofsignificant figures for calculating and reporting emission rates and concentrations when determining compliance with state and federal emission standards (Exhibit 4).
B. What are the Implications ofThese Revisions?


## The intent ofthis proposed revision is to clarify reporting requirements for emissions standards based on EPA guidance. This revision should have little to no negative implications on air quality-permitted sources within the state. The changes will provide clarity and certainty as to how the department will calculate emissions to assess compliance with applicable standards. This will provide regulated entities with clear and unambiguous requirements. This will also benefit the state by avoiding unnecessary complication and possibly litigation in the course of permitting and enforcement activities.
II. PROPOSED REVISIONS
A. 20.2.1 - General Provisions

COOKE TESTIMONY
- PAGE 1 

## NMED EXHIBIT 1

## In the early 1990's, EPA issued guidance on the use ofsignificant figures for calculating and reporting emission rates and concentrations when determining compliance with state and federal emission standards (Exhibit 4). The guidance addressed metric and English measurement systems, significant figures for emission standards, significant figures to carry in intermediate calculations, and the rounding offinal emission value numbers to the proper significant figures. The Department is proposing to update Part 1 with regards to significant figures for emission standards, significant figures for intermediate calculations, and the rounding offinal emission value number to the proper significant figures.
1. 

## Significant Figures for Emission Standards The EPA guidance memo states that all emission standards have at least two significant figures, but no more than three significant figures. A significant figure is any digit that is necessary to define the specific value or quantity.
The Department proposes corresponding amendments to Partl , This proposed revision will clarify how emissions should be reported and ensure that all reported emissions for federal and state standards are reported in a consistent manner.


## 2. Significant Figures for Intermediate Calculations
The EPA guidance memo provides that in making intermediate calculations, one should carry at least five significant figures. In many instances the measurements ofvariables and sample quantities determined by continuous emissions monitors or during source performance tests are recorded in metric or English units or a combination ofboth. To ensure that final emissions standards will be two or three significant figures, English or metric units may be used for intermediate emissions calculations provided that a least five significant figures are retained. All final calculations should be rounded offto two or three significant figures.
The Department proposes corresponding amendments to Partl , This proposed revision will clarify how intermediate calculations shall be conducted and ensure that all reported emissions for federal and state standards are reported in a consistent manner.


## 3. Rounding ofFinal Emission Values
The EPA guidance states that when rounding offa figure the following procedures, based on practices given under the American Society for Testing and Materials (ASTM) (Standard for Metric Practice E 380), should be used: i. ifthe first digit to be discarded is less than five, the last digit retained should not be changed; ii. when the first digit discarded is greater that five, or ifit is a five followed by at least one digit other than a zero, the last figure retained should be increased by one unit; and
Ill. 

## when the first digit discarded is exactly five, followed only by zeros, the last digit retained should be rounded upward ifit is an odd number, but no adjustment made ifit is an even number.

COOKE TESTIMONY

- PAGE 2

## The Department proposes corresponding amendments to Partl. This proposed revision will clarify how emission calculations should be rounded and ensure that all reported emissions for federal and state standards are reported in a consistent manner.


## III. THE PROPOSED REVISIONS IN NEW MEXICO
The revisions to Parts I will apply to all permitted sources state-wide. The proposed revisions to Part I clarify how sources should properly calculate and round emissions. The proposed revisions are relatively minor and should have a very limited affect on permitted sources in the state. The Bureau anticipates that it will be relatively rare that the application ofthe significant figure rule will be determinative ofwhether a facility is in compliance. However, it is in these close cases that formal guidance is most needed to provide certainty to all parties. The proposed revisions will also allow for more consistency in the reporting ofemissions for both federal and state standards.


## IV. OUTREACH
Outreach was conducted for the proposed revisions to Part I in the form ofpublic notices (Exhibit 5) and an open house. The state received no comments from the public notices and no attendance at the open house.

COOKE TESTIMONY

- PAGE 3

# Gail F. Cooke

EDUCATION


## Master ofUrban andRegional Planning, Concentration: Environmental Planning, Virginia Tech, Blacksburg, Virginia, 1998 Major Project: The Implementation ofVirginia Erosion and Sediment Control Laws and Regulations.


## Bachelor of Environmental Design, Texas A&M University, College Station, Texas, 1995 Other areas ofstudy include Environmental Science, Soil Science, and Civil Engineering.

WORK HISTORY


## State of New Mexico Environment Department, Air Quality Bureau 1999-Present Environmental Analyst/Planner - Public outreach, including preparing outreach material for the general public and organizing public meetings and open houses; preparation ofemission inventory updates and maintenance plans for the State Implementation Plan submittals; development oflocal initiative plans to help reduce criteria air pollutants; reviewing of environmental assessments and environmental impact statements; grant writing; and regulatory development.


## Taschek Environmental Consulting 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.

RELEV ANT PROJECT EXPERIENCE


## Public Relations Developed brochures, press releases, public service announcements, informational mail outs, and educational material on various air quality related issues throughout New Mexico. Assisted in the planning ofopen houses to educate the public on potential health and environmental risks resulting from air pollution. Presented technical information on air quality issues to the general public; local, state and federal employees; and industry representatives.


## Grant Writing, Budget Development, andProject 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 ofthe seven awarded grants. As a project manager for these awarded grants, I have been responsible for most budgetary and contractual related activities.


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

NMED EXHIBIT 2

## Assisted in the development ofthe Ozone Early Action Compact (EAC) plan for San Juan County, NM. The EAC was developed as a local initiative to control ozone levels within San Juan County, NM. Participants in the EAC include the Cities ofFarmington, NM, Aztec, NM, and Bloomfield, NM; San Juan County, NM; the State ofNew Mexico; and the US Environmental Protection Agency. Job duties included plan development, preparation offact sheets and other informational outreach material, the planning ofopen houses; and testifying before the Environmental Improvement Board Developed SIP Maintenance plans for the Sunland Park, NM l-hour ozone nonattainment area and the Grant County, NM sulfur dioxide nonattainment area. A maintenance plan is required by the federal government for areas that have violated federal ambient air quality standards to show compliance with the standard. Job duties for both plans included plan development; preparation ofemission inventory; adoption ofplan; public outreach, and testifying before the Environmental Improvement Board. Acted as the lead in the adoption ofrevisions to 20.2.99 NMAC

- Conformity to the State Implementation Plan of Transportation Plans, Programs andProjects. 

## The revisions to 20.2.99 NMAC were in response to amendments made to the federal rule 40 CFR Part 93 -Determining Conformity of Federal Actions to State or Federal Implementation Plans. 

## Revisions to this regulation were adopted by the Environmental Improvement Board in 2005, 2007 and 2009.
Coordinated the repeal and replacement of20.2.7 NMAC

- Excess Emissions. 

## The repeal and replacement of20.2.7 NMAC was done to conform to requirements in the Clean Air Act. Extensive outreach and negotiations were done throughout the regulatory development process for 20.2.7 NMAC. The repeal and replacement ofthis regulation was adopted by the Environmental Improvement Board in 2008.

### 20.2.1.4 DURATION: Permanent. [09/05/95; 20.2.1.4 NMAC

- Rn, 

### 20 NMAC 2.1.103 10/31/02] 20.2.1.1 ISSUING AGENCY: New Mexico Environmental Improvement Board. [09/05/95; 20.2.1.1 NMAC

- Rn, 

### 20 NMAC 2.1.100 10/31/02]
20.2.1.2 SCOPE: The provisions ofthis Part apply to all Parts ofthis Chapter. [09/05/95; 20.2.1.2 NMAC

- Rn, 

### 20 NMAC 2.1.101 10/31/02]

20.2.1.6 OBJECTIVE: The purpose ofthis Part (20.2.1 NMAC) is to establish general provisions which apply to all Parts ofthis Chapter (20.2.1 through 20.2.99 NMAC). [09/05/95; 20.2.1.6 NMAC

- Rn, 

### 20 NMAC 2.1.105 10/31/02]

[RESERVED] DEFINITIONS: [RESERVED] ENVIRONMENTAL PROTECTION AIR QUALITY (STATEWIDE) GENERAL PROVISIONS

20.2.1.8 to 20.2.1.105 TITLE 20 CHAPTER 2 PART 1

20.2.1.7 20.2.1.5 EFFECTIVE DATE: October 27, 1995. [09/05/95,10-27-95; 20.2.1.5 NMAC - Rn, 

### 20 NMAC 2.1.10410/31/02] [The latest effective date ofany section in this Part is 10/31/02.] 20.2.1.3 STATUTORY AUTHORITY: Statutory authority comes from the Environmental Improvement Act, NMSA 1978, sections 74-1-1 et seq., and 

### the Air 

### Quality Control Act, 

### NMSA 1978, sections 74-2-1 et seq. [09/05/95; 20.2.1.3 NMAC

- Rn, 

### 20 NMAC 2.1.102 10/31/02]

20.2.1.106 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: A. This Part amends and supersedes Air Quality Control Regulations (AQCRs): (1) 110, Confidential Information Protection, last filed May 29, 1990; (2) 701, Procedures for Requesting a Variance Hearing, last filed Oct. 7, 1975; (3) 1001, Sampling Equipment, last filed Jan. 27, 1970; (4) 1101, Severability, last filed Jan. 27, 1970; (5) 1201, Effective Date, last filed Jan. 27, 1970; (6) 1301, Conflicts, last filed Jan. 27,1970. B. All references to AQCRs 110, 701, 1001, 1101, 1201, and 1301 in any other rule shall be understood as a reference to this Part. [09/05/95, 10-27-95; 20.2.1.106 NMAC

- Rn, 

### 20 NMAC 2.1.106 10/31/02]
20.2.1.107 SEVERABILITY: Ifany provision or application ofany Part under Chapter 2 ofTitle 20 is held invalid, the remainder, or its application to other situations or persons, shall not be affected. [09/05/95; 20.2.1.107 NMAC

- Rn, 

### 20 NMAC 2.1.107 10/31/02]
20.2.1.108 SAVING CLAUSE: Supersession ofany Air Quality Control Regulation (AQCR) shall not effect any administrative orjudicial enforcement action pending on the effective date ofany Part under Chapter 2 of Title 20, nor the validity ofany permit issued pursuant to any AQCR. [09/05/95; 20.2.1.108 NMAC

- Rn, 

### 20 NMAC 2.1.108 10/31/02]
20.2.1.109 CONSTRUCTION: Any Part under Chapter 2 ofTitle 20 shall be liberally construed to effectuate the purpose ofthe Environmental Improvement Act, NMSA 1978,74-1-1 et seq. and the Air Quality Control Act, NMSA 1978, 74-2-1 et seq. [09/05/95; 20.2.1.109 NMAC

- Rn, 

### 20 NMAC 2.1.109 10/31/02] 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 26 27 28 29 30 31 32 

### 33 34 35 36 37 38 39 40 41 42 43 44 

### 45 46 47 48 49 50 51 52 53 54 55 

### 56

Proposed Revisions to 20.2.1 NMAC 

## NMED EXHIBIT 3

### 1 20.2.1.110 COMPLIANCE WITH OTHER REGULATIONS: Compliance with any Part under Chapter 2 2 ofTitle 20 does not relieve a person from the obligation to comply with other applicable state and federal 3 regulations. 4 [09/05/95; 20.2.1.110 NMAC

- Rn, 

### 20 NMAC 2.1.110 10/31/02] 

### 5 6 20.2.1.111 AVAILABILITY OF MATERIALS INCORPORATED BY REFERENCE: Materials 7 incorporated by reference into any Part under Chapter 2 ofTitle 20 may be viewed at the State Records Center (404 8 Montezuma, Santa Fe, NM 87503) [1205 Camino Carlos Rey, Santa Fe, NM 87505] or at the New Mexico 9 Environment Department, Air Quality Bureau (Harold Runnels Building, 1190 St. Francis Dr., Santa Fe, NM 10 87503) [2048 Galisteo St., Santa Fe, NM 87505]. 11 [09/05/95; 20.2.1.111 NMAC

- Rn, 

### 20 NMAC 2.1.111 10/31/02] 12 13 

### ZUl.112 EFFECT OF STAY OR INVALIDATlON OF INCQRPQRATED FEDERAL 14 REGULATIONS: Ifa federal court stays, invalidates or otherwise renders unenforceable by the Environmental 15 Protection Agency (EPA), in whole or in part, any federal regulation incorporated by reference in any Part under 16 Chapter 2 ofTitle 20, such incorporated federal regulation shall be enforceable by the Department only to the extent 17 it is enforceable by EPA. 18 [09/05/95; 20.2.1.112 NMAC

- Rn, 

### 20 NMAC 2.1.112 10/31/02] 19 20 20.2.1.113 SAMPLING EQUIPMENT: When directed by the Environment Department, or its designated 21 representative, the necessary openings for sampling equipment shall be provided on stacks or other openings 22 through which emissions are released to the atmosphere. 23 [09/05/95; 20.2.1.113 NMAC

- Rn, 

### 20 NMAC 2.1.113 10/31/02] 24 25 20.2.1.114 PETITION PROCEDURES FOR REQUESTING A VARIANCE HEARING: 26 A. Definition: As used in this section [part], "petitioner" means a person seeking a variance from a 27 regulation ofthe Environmental Improvement Board or limitation prescribed under the Air Quality Control Act 28 pursuant to NMSA 1978, section 74-2-8. 29 B. Petition Procedures: 30 (1) Any person seeking a variance from a regulation ofthe Environmental Improvement Board, or a 31 permit condition imposed by the Department, or from the limitations prescribed under the Air Quality Control Act 32 pursuant to section 74-2-8 NMSA 1978, shall do so by filing a written petition with the Secretary. Petition forms 33 may be obtained from the Environment Department. 34 (2) Petitions shall: 35 (a) State the petitioner's name and address; 36 (b) State the date ofthe petition; 37 (c) Describe the facility or activity for which the variance is sought; 38 (d) State the address or description ofthe property upon which the facility is located; 39 (e) Identity the regulation ofthe board or limitation prescribed under the Air Quality Control 40 Act from which the variance is sought; 41 (f) 

### State in detail the extent to which the petitioner wishes to vary from the regulation or 42 limitations; 43 (g) State why the petitioner believes the variance isjustified; and 44 (h) State the period oftime for which the variance is desired. 45 (3) The petitioner may submit with the petition any relevant documents or material which the 46 petitioner believes would support the petition. 47 C. The Environment Department's response and any further action and proceedings shall be in 48 accordance with general adjudicatory procedures ofthe Environmental Improvement Board. 49 [10/27/95; 20.2.1.114 NMAC

- Rn, 

### 20 NMAC 2.1.114 10/31/02J 50 51 20.2.1.115 CONFIDENTIAL INFORMATION PROTECTION: 52 A. Definitions: As used in this section: 53 (1) "Claimant" refers to a person or business who makes a claim ofconfidentiality. 54 (2) "Confidential business information" refers broadly to information that, ifmade public, would 55 harm a business' competitive position. This includes trade secrets and may include data relating to the profits and 56 costs ofthe owner or operator which have not previously been released to the public.

Proposed Revisions to 

### 20.2.1 NMAC 2

### 1 (3) "Nature and amount ofemissions" means information necessary to determine the identity, 2 amount, frequency, concentration, or other characteristics (to the extent related to air quality) ofany air contaminant 3 emission and includes a general description ofthe location and nature ofthe source. 4 (4) "Source" or "stationary source" means any building, structure, equipment, facility, installation 5 (including temporary installations), operation or portable stationary source which emits or may emit any air 6 contaminant. Any research facility may group its sources for the purpose ofthis section, at the discretion ofthe 7 Secretary. 8 (5) "Trade secret" refers to a secret plan or process, tool or mechanism unique to the owner or 9 operator ofa business. lOB. Confidentiality Determinations: The Environment Department shall keep confidential trade 11 secrets or confidential business information under applicable legal principles to the extent that: 12 (1) 

### Business information furnished to or obtained by the Environment Department concerning air 13 contaminant sources shall be considered for confidential treatment if specifically marked as confidential at the time 14 such information is submitted; 15 (2) The Department is not required to disclose this information pursuant to a statutory provision; and 16 (3) The following conditions are satisfied: 17 (a) The claimant has asserted a claim ofconfidentiality which has not been waived, withdrawn 18 or denied; 19 (b) The claimant has satisfactorily shown that it has taken reasonable measures to protect the 20 confidentiality ofthe information, and that it intends to continue to take such measures; 21 (c) The information is not, and has not been, reasonably obtainable without the business' 22 consent; and 23 (d) The claimant has satisfactorily shown that disclosure ofthe information is likely to cause 24 substantial harm to the business' competitive position. 25 C. This section (20.2.1.115 NMAC) shall not be construed to prohibit disclosure ofrecords and 26 information: 27 (1) To other officers, employees or authorized representatives ofthe Department, the local agency, 28 the Environmental Improvement Board, or the local board concerned with carrying out the Air Quality Control Act; 29 (2) To officers, employees or authorized representatives ofthe United States Environmental 30 Protection Agency concerned with carrying out the federal act; 31 (3) When relevant, in any proceeding under the Air Quality Control Act or the federal act; 32 (4) Ofdata concerning the nature and amount ofemissions from any source; or 33 (5) Limit the use ofsuch records or information in any civil or criminal action, subject to such 34 protection as the court may give. 35 D. Procedures for Handling Requests for Confidentiality: 36 (1) The Department's Office ofGeneral Counsel (OGC) in each case shall determine whether and to 37 what extent the information qualifies for confidential treatment under this section. 38 (2) Ifthe Department determines it will need additional information in order to decide whether 39 information submitted by the claimant qualifies for confidential treatment, the Department shall send the claimant a 40 written notice requesting additional information. 41 (a) The claimant shall submit the requested additional information within thirty (30) days of 42 receiving the Department's request. The Department shall keep the claimant's information confidential and not 43 disclose it to the public during that thirty (30) day time period. 44 (b) Ifthe claimant does not submit the requested additional information within the thirty (30) 45 day time period, then the Department shall assume that the claimant has abandoned or withdrawn the claim of 46 confidentiality, and may release the information to the public upon request (following the expiration ofthe thirty 47 (30) day period). 48 (3) Within thirty (30) days ofreceiving material marked as confidential or within thirty (30) days of 49 receiving any additional information the Department requested, the Department shall determine whether and to what 50 extent the information qualifies for confidential treatment under this section. 51 (4) Once a decision is reached, the Department shall send the claimant a written notice ofthe decision 52 by certified mail. 53 (5) Ifthe Department notifies a claimant that his or her claim ofconfidentiality will not be honored, 54 the Department shall not make the information available for public inspection or copying for thirty (30) days in 55 order to give the claimant an opportunity to request administrative review ofthe decision. The Department shall not

Proposed Revisions to 20.2.1 NMAC 

### 3

### 1 make the information available for public inspection or copying while an administrative review, or legal action to 2 prevent disclosure, is pending. 3 (6) 

### Business information that has been determined 

### to be confidential shall not be made a part of any 4 public record unless the claimant expressly agrees to its publication. 5 E. Administrative Review: Every claimant has the right to request additional review ofany denial of 6 a request for confidential treatment ofbusiness information or documents. The Secretary shall be responsible for 7 conducting reviews ofdenials made by Department personnel. The Secretary shall use his or her best efforts to 8 review denials within thirty (30) days ofreceiving the request for review. 9 [l0/27/95;20.2.1.115NMAC-Rn,20NMAC2.1.1151O/31/02) 10 11 20.2.1.116 SIGNIFICANT FIGURES: 12 A. All emissions standards are deemed to have at least two significant figures, but not more than 13 three signitkant ijgJ,Jres. 14 B. 

### At least 5 significant figures shall be retained in all intennediate calculations. 15 Co In calculating emissions to detennine compliance with an emission standard, the following 16 rounding offprocedures shall be used: 17 (I) 

### Ifthe first digit to be discarded is less than the number 5, the last digit retained shall not be 18 changed; 19 (2) Ifthe first digit discarded is greater than the number 5, or ifit is the number 5 followed by at least 20 one digit other than the number zero, the last figure retained shall be increased by one unit; and 21 (3) 

### Ifthe first digit discarded is exactly the number 5, followed only by zeros, the last digit retained 

### 22 shall be rounded upward ifit is 

### an odd number, but no adjustment shall be made if it is an even number. 23 D. The final result ofthe calculation shall be expressed in the units ofthe standard. 24 

### [XXJXXJXXl 25 26 HISTORY OF 20.2.1 NMAC: 27 Pre-NMAC History: The material in this part was derived from that previously filed with the Commission of 28 Public Records-State Records Center and Archives. 29 HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, 01/27/70. 30 EIB/AQCR 110, Air Quality Control Regulation 110

- Confidential Information 

### Protection, OS/29/90. 31 32 History ofRepealed Material: [RESERVED] 33 34 Other History: 35 HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, (relating to those portions 36 numbered 1001-Sampling Equipment; 1101-Severability; l201-Effective Date; B01-Conflicts) filed 01/27/70; 37 (AQCR) 701, Procedure For Requesting A Variance Hearing, filed 10/07/75; and EIB/AQCR 110, Air Quality 38 Control Regulation 110 - Confidential Information Protection, 

### OS/29/90was renumbered into first version ofthe 39 New Mexico Administrative Code as 20 NMAC 2.1, General Provisions, filed 08/03/95. 40 20 NMAC 2.1, General Provisions, filed 08/03/95 was replaced by 20 NMAC 2.1, General Provisions, filed 41 09/27/95. 42 20 NMAC 2.1, General Provisions, filed 09/27/95 was renumbered, reformatted and replaced by 20.2.1 NMAC, 43 General Provisions, effective 10/31/02.

Proposed Revisions to 20.2.1 NMAC 4

# ... ,. 

## . 

# . ,1.


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

# e JUN 1990

--



## MEMORANDUM 

## SUBJECT: Performance Test Calculation 

## FROM: William 

## G. laxton, Director Technical Support Division, John S. Seitz, Director Stationary Source Complianc TO: New Source Performance Standards/National Emission Standards for Hazardous Pollutants Compliance Contacts

The following gUidelines should be used in calculating and reporting emission rates and concentrations when determining compliance with the new source performance standards (NSPS) and national emission standards for hazardous pollutants (NESHAP). These guidelines can also be used for State implementation plans (SIP's). The areas addressed in 

## this memorandum concern metric and English measurement systems, significant figures (SF's) in the emission standards, SF's to carry in intermediate calculations, and the rounding of final emission value numbers to the proper SF's.
1. 

## Use only the emission standard in the metric units to determine compliance. The policy of using the metric system was established back in the early 1970's. When the Environmental Protection Agency (EPA) proposed standards for seven source categories (38 FR 15406) on June I], ]973, EPA stated: "The Environmental Protection Agency has adopted a policy of expressing standards in the metric rather than English system. Although technical terms in test methods 10 and 11 are expressed in metric units, many of those in test methods 1 through 9 are expressed in English units. Test results derived through calculations in test methods 1 through 9 must be converted to metric units to agree with the form of the proposed standards." In keeping with this policy, EPA promulgated amendments to Subparts D, E, F, G, and H on June 14, 1974 (39 FR 20790). In the preamble of this rulemaking, EPA stated:

" •..• Also, to be consistent with the Administrator's pol icy of converting to the metric system, the standards of performance and. other numerical entries, which were originally expressed in English

NMED EXHIBIT 4 \

### 2


## units, are converted to metric units. Some of the numerical entries are rounded after conversion to metric units. It should be noted that the methods in the appendix will be changed to metric units at a later**date.~** 

## The change to metric units for the test methods were proposed on June 8, 1976 

## (41 FR 23060) 

## and promulgated on August 18, 1977 (42 

## FR 41754). 

## Clearly, EPA's intent was to use the metric units to determine compliance. However, on a practical scale, the use of the metric or the English system of units would not make any difference in determining whether a source is in compliance or out-of-compliance. Only in very rare cases will separate calculations in the metric and in the English systems with the same source test measurement values result in one system showing compliance while the other does not. Therefore, it is not necessary to require source testing firms to submit the results in the metric units on a routine basis. It is suggested that if the value in English units is within 1 

## percent of the emission standard and if such a difference is**~f** 

## concern in your enforcement strategy, then the value should be converted to metric to determine compliance. The numerical value in English units (in parentheses) are to be considered as close approximations of the metric and should not be used to determine compl iance in borderline cases. 2. Consider all emission standards to have at least two SF's, but 

## no 

# more than three SF's. As a review, an SF is any digit that is necessary to define the specific value or quantity, Zeros may be used either to indicate a specific value, like any other digit, or to indicate the magnitude of a number. Examples are given below: Ex. 1: 

## Ex. 2: 

## Ex. 3: 

## Ex. 4: 

## Ex. 5: 

## Ex. 6: 

## Ex. 7: 1300 

## or 1. 

## 3 

## x 10 3

# h~s two SF's. 1300. 

## or 1.300 x 

## 10**~as** 

## four SF's. 1300.0 

## or 1.3000 

## x 40 

## has five SF's. 13040 or 1.304 

## x 

# 12 has four SF's. 0.034 

## or 3.4 

## x 10-**ha~** 

## two SF's. 0.03400 

## or 3.402 

## x 10- 

## has 

## four SF's. 0.03 

## or 3 

## x 10- 

## has one SF. Because the emission standards were not written with consideration to the rules of SF's, especially with the**~se** 

## of zeros, all existing emission standards are considered to have at least two SF's, but no more than three SF's, under this guideline

.. Thus: Case 1: 

## Case 2: Case 3: Case 4: 90 mg/dscm (Subpart I) is considered to be 90. (two SF's). 520 ng/J (Subpart Da) is considered to be 520. (three SF's). 0.05 k9/Mg (Subpart S) is considered to be 0.050 (two SF's). 0.1 g/kg (Subpart BB) is considered to be 0.10 (two SF's).

"**~~** 

# _. _. ..-

### .........,.,.---- 

# ---.,-------- _.- 

### -.



# __..•

# -_ 

# -_

.
..•.....

# _----_._

.. 

## -

....

# _----------

## 3 

## Case 5: 0.005 gjkg (Subpart BB) is considered to be 0.0050 (two SF's). Case 6: 3870 kgj28 days (Subpart BBB) is considered to have (three SF's). The above rule differs from the previous guidance given by the predecessor of the Stationary Source Compliance Division. In his August 20, 1980 memorandum to Ms. Louise Jacobs, Director of Enforcement Division of Region 

## VII, Mr. Edward E. Reich, Director of the Division of Stationary Source Enforcement interpreted the emission standards as being absolute, i.e., as having an infinite number of SF's. Using the example of an emission standard of 0.04 grjdscf, 

## Mr. Reich wrote: "As a legal matter, anything greater than 0.04 is a violation (e.g., 0.0401). However, since the third digit was not established, most engineers in reporting results would tend to round off and therefore 0.044 would be reported as 0.04 and**0.04~** 

## would be reported as 0.05. A better guide would be that anything showing greater than a ten percent excess is worth considering for enforcement action." Although the new guidance appears to be a major shift in Agency policy, it is not, because only very limited cases, if any, would be involved. for example, if the emission standard is 90 mgjdscm, 90.0000001 mgjdscm would be in violation according to the August 20, 1980 guidance. However, such an occurrence would be highly unlikely. (Note also that strict adherence to an infinite number of SF's would require an infinite number 

## of SF's in conversion factors, which is a practice that is impossible to follow.) Therefore, the effect of the change to two or three SF's in the emission standards would be practically no different from the initial guidance. 3. Carry at least five significant digits in intermediate calculations. Since the measurement of variables and sample quantities during source performance tests are recorded in metric or Eng1 Ish 

## units or a combination of both, specifying specific rules to handle SF's in addition, subtraction, multiplication, and division would become cumbersome. To keep things on a 

## practical basis for emission standards with two or three SF's, English or metric may be 

## used prOVided that at least five SF's are retained (most calculators retain nine digits) in all intermediate calculations. The final calculation after averaging all the runs should produce the metric units, if necessary. Then the final number should be rounded off as described below to determine compliance. 

## 4. Round off calculated emission numbers to the number of SF's**dete~ined** 

### by 

## the 

## rule stated in 

## (2) above. When rounding off a figure, the following procedure, based on practices given under the American Society for Testing and Materials (ASTM) (Standard for Metric Practice E 380), should be used: If the first digit to be discarded is less than five, the last digit retained should not be changed. When the first digit discarded is greater than five, or if it is a five

....

:-;**'~".** ... - "...... '., '" -."

### 4 

## followed by at least one digit other than 0, the last figure retained should be increased by one unit. When the first digit discarded is exactly five, followed only by zeros, the last digit retained should be rounded upward if it is an odd number, but no adjustment made if it is an even number. For example, if the emission standard is 90, then 90.357 would be rounded to 90, 90.639 would be rounded to 91, 90.500 would be rounded to 90, and 91.500 would be rounded to 92. Consideration was given to round upward when the last digit to be discarded is five; however, because the occurrence of the first digit to be discarded being exactly five followed by zeros is rare, it was decided to be consistent with the ASTM practice. cc: Jack R. Farmer, ESD (MD-13) John Calcagni, AQMD (MD-15) J.E. McCarley, EMB (MD-14) Rodney M. Midgett, QAD (MD-77A) Louis R. Paley, SSCD (EN-341) Ron Shafer, SSCD (EN-341) Roger T. Shigehara, EMB (MD-19) John 

# J. Silvas;, AQMD (MD-15) Gilbert H. Wood, EMB (MD-14) Susan R. Wyatt, CPS (MD-13)**~~-.~(** .. : ..



# ------------_

. ..**.~** ••

__ •••••**"~~"~"...** • .."," ._ ••••• ·0**.~~,...:.-** .....**~._** ...... ......

## STATE OF NEW MEXICO County of Bernalillo SS

Bill Tafoya, being duly sworn, declares and says that he is Classified Advertising Manager of The Albuquerque Journal, and that this newspaper is duly qualified to publish legal notices or advertisements within the meaning of Section 3, Chapter 167, Session Laws of 1937, and that payment therefore has been made of assessed as court cost; that the notice, copy of which is hereto attached, was published in said paper in the regular daily edition, for 

# L times, the first public ion being on the 

## y

....{ day of 

## Februe.. 'f 

# i '**20~,** and the s sequ nt consecutive publications on _ -------I--===-'I----'11r----:-o'-------------, 20_.

Statement to come at end of month.

ACCOUNT NUMBER --=::.....0"-----'-'"-"'-

_ CLA-22-A (R-1/93)



### NMED EXHIBIT 5NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD NOTICE OFRULEMAKING HEARING The New Mexico Environmenlal Improvement Board ('Board') will hold a public hearing on April 5, 2010 at 10:00 a.m In Aoom 317 at the Stale Capilal in Santa Fe, NewMexico. The purpose 01 the heartng Is10 consider themailer of EIB09.14\A), proposed revisions 10AirQua ity Control Aegulations 202.1 New Mexico Administrative Code (NMAC) (General Provisions)

. The proponent of this regulatory adoption and revision is the New Mexico Environment Department ('NMEO') Thepurpose of the public hearing is to consider and take possible aclion on a petilion Irom NMEO regarding proposed revisions to 202 1 NMAC • General Provisions to compiy with guidance Issued by the U.S. Environmental Protection Agency (EPA) regarding Iheuse of slgnllicant figures for calculating arid reporting emission rates and concentrations when determining compliance withstaleandfederal emission standards. The NMED will hosl an informational open house' on the proposed revisions to 20.2.1 NMAC at the NMED Air' Quality Bureau Office. 1301 Siter Rd, BUilding B. santa Fe, New Mexico 87507, from 12:oop.m

.. 4:00p.m on February 23, 2010

I The proposed, revised regulation 

### I may be reviewed during regular

, business hours at the NMEO Atr Quality Bureau oHlce, 1301 Siler Aoad, Building B. Santa Fe, New Mexico.' Fulltext01 NMED's proposed revised**re~ulalion** Is avail· able on NMEDs web site at www.nmenv.state.nm.us. or by conlacting Gall Cooke at (505) 476·4319 or gailcooke@slate.nm us The hearing willbe conducted In accordance wilh 20.1.1 NMAC (Aulemaklng Procedures

- Envi· I ronmenlal Improvement Board), ! the Environmental Improvemenl i Act, Seclion 74-1·9 NMSA 1978,

" theAirQuality Control AclSection, 74-2·6 NMSA 1978, and other applicable procedures All interested persons wIT! begiven reasonable opportunity at the hearing to submit relevant evldence, data, views andarguments, orally or In wriling, to introduce exhibits, and 10 examine witness· es Persons wishing to present technical lestlmony must file wllh theBoard a written notice of Intent todoso.Thenotice of Inlent shall: (1) Identify the person for whom theVlilness(es) wllliestlfy; (2) identify each technical witness thatthe person intends to present and. state lhe qualifications 01 the wilness, including a description of their education and VlOrl{ bacxground; (3)summartze or include a copy of thedirect testimony of each lech· nlcal witness andstate theantici· paled duration ot the lestlmonv at thatwitness; (4) Iisl and describe, or allach, each exhlbil anticipated to be 01· fered bythat person at the hearing;and (5) allach the text 01 any recom· mended modilicatlons to the proposed new and revised regUla- tions

. Notices of intent lor the hearing ,I must be received In the Office 01 the Board not later than 5:00 pm I on March 19, 2010, and should relerence thedocket number, EIB 09'14(A), and the date of the hearing. Notices of Inlent to pres, I enltecllnlcalteslimony should be submitted to: Joyce Medina, Board Admlnistralor Office oftheEnvironmenlal Improvement Board Harold Runneis Building 1190 St. Francis Dr., Room N· 2150 /2153 Santa Fe. NM 87502 Phone: (505) 827·2425, Fax (505) 827·2836 Any member 01 the general public

. may'.teslify atthehearing. Noprtor [ nOlihcallon is required 10 presenl non-technical lestimony at the hearing. Any such member may also offer exhlbils In connecllon with**~Is.** testlmony, so long as Ihe exhlbilisnotunduly repefifious 01 thelesllmony. A member of the general public who wishes 10 submit a wrillen statement forIhe record, in lieu of providing oral lestimony at the hearing, shall filethewritten slatemenl prtor 10 the hearing, or submitit al thehearing. Persons having a disability and needing help In being a part 01 this heanng process should contacl Judy Benffey byMarch 19, 2010 at the NMED. Personnel .ssrvlces Bureau, P.O. Box 26110, 1190 St Francis Drive, Santa Fe New Mexico, 87502, telep'hone 505·827·9872. TOY users please access her number via Ihe New Mexico Aelay Network at 1·800·659·8331. The Board may make a decision on the proposed revised regula· tlons at Ihe concfuslon or the hearing, or the Board may con- vene a meeting at a laterdate 10 consider action ontheproposal CONSEJO PARA LA MEJORA DEL MEDIO AMBIENTE DE NUEVO MEXICO NOTIFICACION DE AUDIENCIA

DE REGLAMENTACION EI Consejo para la Mejora defMe· dloAmblente de Nuevo Mexico (el "Consejo') lIevara a cabo una au· diencia publica ef 5 de abril de 2010, a las 10:00 a.m., enla Sala 317, en la Capllal del Estado en Santa Fe. Nuevo Mexico. EIob]etivo es considerar el as unto de EIB09·14 (A).las revisiones propuestas a lasAegulaciones sobre el Control de la Calidad del Alre 20.2.1 del Codigo Adminlslratlvo de Nuevo Mexico (NMAC) (Disposiciones Generales) EI defensor de esta adopclon nor- mativa y revision es el Departamenlo del' Media Ambiente de Nuevo Mexico (el "NMED') , EIobJelivo dela audiencla publica' esconslderar ytomar posibies ac- clones en unapetlclon del NMEO respeclo a lasrevlsiones propuaslas a 20.2.1 NMAC • Dlsposl· clones Generales para cumphr con la gula emilida parla AlLencia de Proteccion Ambiental (EPA) de Estados Unidos, en cuanto af usa de cifras slgnificalivas para calculary reportar Indicesds emlsiones y coneentraclones cuando se de· termina 

### ei cumpllmiento can las normas estatales y federales so· breemlsiones. EI NMED lIevara a cabo unacasa ablerta informativa sabre las revlsiones propueslas al 20.2,1 NMAC en la Ollcina de la Ageneia de Calidad del Alre del NMED, 1301 SilerAd, Edificio B, Santa Fe, Nuevo Mexico 87507. de las 12:00 p.m. a las4:00 pm.• el 23defebrero de2010 La reguiaclon revisada propuesta se puede anallzar en horas ha· biles normales. enla oficlna deia Agencia de Calidad del Alre del NMED, 1301 Slier Road, Edificio B, Santa Fe. Nuevo Mexico. EI leXlo completo de la regulacion i revisada propuesta delNMED esta a disgoslCion en el sitioWeb del NME ,en vNffl.nmenv.state.nm.us, a bien contaclando a Gall Cooke, al (505) 476-4319, a gailcooke@slale.nm us Laaudlencia sa realizara de eon- lormidad can 20.1.1 NMAC (Procedlmlentos de Aeglamenta' ; cion: Consejo para la Mejora del

, Media Ambiente), la Ley de Mejo· ra del Media Ambiente, Seccion 74·1·9 NMSA 1978, la Ley de C:0nlrol de CaUdad delAire, Sec- C10n 71.2-6 NMSA 1978, Yotros procecimientos apllcables Todas las personas Interesadas tendran oportunidad razonable en laaudlencla depresentar pruebas datos. oplnlones y argumentos 1m: portantes, ya seaen forma verbal a parescrito, asicomo depresentar anexos e inlerrogar tesllgos Las personas que dsseen eotregar lestlmonlos tecnlcos deben presentar ante el Consejo unano- tilicaclon parescrlto desu intenei· on. La notiflcacion de intenclon I· debera: (1) identificar a la persona para. quien testlflcara(n} el(los} lesti· 

### I go(s)'

. (2)**i~enlificar** a cada uno de los . tesligos lecnicos quelaspersonas! desean presentar y declarar las cualiflcaciones de losrnisrnos, incluyendo una descripcion de sus antecedentes de educacion y Irabajo; (3)resurnlr 0 incluir unacopia del leslimonio direclo de cada testlgo tecnico y declarar laduraclon prevlsta del testimonio de ese tesligo; (4) enumerar y descrlbir, a adluntar, cada unode los anexos que dlcha persona preve of racer enla audlencia; y (5) adjuntar el texto de cualqular modlflcaclon recomendada a ias regulaciones propuestas nuevas y revsaoas

. I Las notlficaciones de Intencion para la audlencia deben ser reei· bldas enla Ollclna del conse/'o a mas tardar a las 5:00 p.m, e 19 de marzo de 2010, y.hacer refer' encla al numero de expedlente, EIB 09·14 (A), Y la lecha de la audiencla. Las noliflcaciones de**i~lenclon** para presenlar tesnmo- rues tecnicos sedeben entregar a: Joyce Medina, Administrador deiConsejo Oficlna delConsejo para laMejora delMedia Ambienle Harold Runnels Building 1190 SI. Francis Dr, Aoom N· 2150/2153 Santa Fe, NMB7502 Telefono: (505) 827·2425, Fax (505) 827·2836

. Cualquler mlembro delpubtco en**g~neral** puede lesHlicar en la au- <;!!encla. No se requlere notitleacion previa para presentar tesli·. monios no tecnlcos en la audJencia Los nilembros del pUblico lambien pueden olrecer anexos en relaclon con sutestimonio entanto nosean repetlciones exceslvas desuteslimonlo. Los miembros daipublico en gen· eral que deseen presentar una declaraclon por escrito para el reglslro, en vez de olrecer tesn

# I monlo verbal enla audiencia, pre- semaran ladeclaraclon porescrito antes de ta audlencia, a la pre· senfaran enla mlsma. Laspersonas candiscapacidad y ft**10117.~1.** que necesllen ayuda para sel A ,&'V "l; parte de esleproceso de la aUdio , Jt, encia deberan conlactar a Judy ((oj Bentley antes del19de marzo' dE 0.0: 2010, en el NMED. Agencia d Servlcios Parson ales. P.O, Bo).-" 26110, 1190 St Francis Dnvei'l Santa Fe, Nuevo Mexico 87502?-- lelelono 505·827-9B72. Los usuar· \ 

### MAR 2010 ios de TDY deben acceder a su numero a traves de la Aed de DI·**~\I'r** ;'"'II!

### r,!ii" r fUSion de Nuevo Mexico. a C''':'' J" '< ..•**C",~y** 1·800·659-8331 

### "&I**Burel~\u** EI Consejo puede tomar la deci- 6'C"; 

### 1,'V slon sabre fas regulaciones pro- 

### Ole?: ((,,1., puestas

### reyisa~as a

### I~ conclusion 

### .(:9'91:r;'t de la audlencla, 0 bien acordar t- . una reunion para una lecha posterior a lin de considerar las ac· 9.iones sobre la propuesta

# New Mexico Commission ofPublic Records Administrative Law Division 1205 Camino Carlos Rey Santa Fe, NM 87507 505-476-7907 

# Affidavit ofPublication in the 

# New Mexico Register I, John Martinez , 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: 1/29/2010 Volume: XXI 

### Issue #: 

### 2 Invoice #: NMR-20JO- 206 

### Amount: $40.00 Description: Notice 

### Agency: EIB -Air Quality Contact: Gail Cooke 

### 1301 Siler Rd #B Santa Fe, NM 87507-

Notice ofRulemaking



### (seal) State ofNew Mexico, County of Santa Fe Signed and affirmed before me on Monday, February 

### 01, 2010 by John Martinez 

## Notary Public:

__

# ~O:tt 

# __**~OO12** __

# ~~_c_ Bridgett Wood [My

# com~~;~xpires: 

# l Lo l]
Affiant: 

# 7(},)-R

# 11~**?1/1~~I-------** Publisher,

# ll~: Mexico Register 

# t«-**~:** 2/1/2010 -Copies oltlie published material documented in this affidavit are enclosedForm SRC-2002-04 Revised July 2007

## New Mexico Register / Volume XXI, Number 2 / January 29,2010 

# Notices ofRulemaking and Proposed Rules 39



## NEW MEXICO OFFICE OF THE ATTORNEY GENERAL CONSUMER PROTECTION DIVISION

OFFICE OF THE NEW MEXICO ATTORNEY GENERAL NOTICE OF PROPOSED NEW RULE AND PUBLIC HEARING

Office of the Attorney General P.O. Drawer 1508 Santa Fe, NM 87504- J508 (505) 827-6000 www.nll1ag.gov

The Attorney General is proposing a new rule addressing requirements for Motor Vehicle sales involving spot delivery. This rule is being promulgated by the authority vested in the Attorney General pursuant to the New Mexico Unfair Practices Act, NMSA 1978, Section 57- 12-13 (1967).

The proposed rule is available at the Office of the Attorney General located in the Paul Bardacke Attorney General Complex in Santa Fe located at 408 Galisteo Street Consumer Protection Division, at

### th~ Attorney General's Office located in Albuquerque at I I I Lomas Blvd. NW, Suite 120 or in Las Cruces at 201 North Church Street, Suite 315. The proposed rule is also posted on the Office of the Attorney General's website and may be accessed, free of charge, from the following website: http://www.nmag.gov/office/Divisions/CP/ RuleProposals/DefaulLaspx

To request that a copy of the proposed rule be mailed to you, please submit your request in writing to:

Office ofthe Attorney General Consumer Protection Division

Attention: Rebecca Branch P.O. Drawer 1508 Santa Fe, NM 87504-1508 You may also request a copy of a proposed rule by calling the following telephone number:

, 1 (800) 678-1508

There is a $.25 copying charge per page for written and telephone requests for copies of the rules. Any person who is or may be affected by this proposed rule and regulation may submit written comments. Written comments concerning the proposed rule may be submitted by mail to: Office ofthe Attorney General Consumer Protection Division

Attention: Rebecca Branch P.O. Drawer 1508 Santa Fe, NM 87504-1508

The Office of the New Mexico Attorney General will accept written comments for consideration as provided above no later than March I, 2010. 

## NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD

NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD NOTICE OF RULEMAKING HEARING

The New Mexico Environmental Improvement Board (UBoard") will hold
a public hearing on April 5, 20 I0 at 10:00 a.m. in Room 317 at the State Capital in Santa Fe, New Mexico. The purpose of the hearing is to consider the matter of EIB 09- 14(R), proposed revisions to Air Quality Control Regulations 20.2.1 New Mexico Administrative Code (NMAC) (General Provisions).

The proponent of this regulatory adoption and revision is the New Mexico Environment Department (UNMED").

The purpose of the public hearing is to

. consider and take possible action on a petition from NMED regarding proposed revisions to 20.2.1 NMAC

- Genera! Provisions to comply with guidance issued by the U.S. Environmental Protection Agency (EPA) regarding the use of significant figures for calculating and reporting emission rates and concentrations when determining compliance with state and federal emission standards. The NMED will host an informational open house on the proposed revisions to 20.2.1 NMAC at the NMED Air Quality Bureau Office, 1301 Siler Rd, Building B, Santa Fe, New Mexico 87507, from 12:00p.m.

- 4:00p.m. on February 23, 2010.

The proposed, revised regulation may be reviewed during regular business hours at the NMED Air Quality Bureau office, 1301 Siler Road, Building B, Santa Fe, New Mexico. Full text of NMED's proposed revised regulation is available on NMED's web site at www.nrnenv.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. I. I NMAC (Rulernaking Procedures - Environmental Improvement Board), the Environmental Improvement Act, Section 74-1-9 NMSA 1978, the Air Quality Control Act Section, 74-2-6 NMSA 1978, 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) summarize or include a copy of the direct testimony of each technical witness and state the anticipated duration of the testimony of that witness; (4) list and describe, or 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 new and revised regulations.

Notices of intent for the hearing must be received in the Office of the Board not later than 5:00 pm on March 19, 20 I0, and should reference the docket number, EIB 09-J4(R), and the date ofthe hearing. Notices of intent to present technical testimony should be submitted to: Joyce Medina, Board Administrator Office of the Environmental Improvement Board Harold Runnels Building 1190 St. Francis Dr., Room N-2 150/2153 Santa Fe, NM 87502 Phone: (505) 827-2425, Fax (505) 827-2836**An~** 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

### 40 

### New Mexico Register / Volume XXI, Number 2 / January 29, 2010
in being a part of this hearing process should contact Judy Bentley by March 19, 2010 at the NMED, Personnel Services Bureau, P.O. Box 26110, 1190 St. Francis Drive, Santa Fe, New Mexico, 87502, telephone 505-827-9872. TDY users please access her number via the New Mexico Relay Network at 1-800-659-833].

The Board may make a decision on the proposed revised regulations at the conclusion of the hearing, or the Board may convene a meeting at a later date to consider action on the proposal.


### NEW MEXICO DEPARTMENT OF HEALTH SCIENTIFIC LABORATORY DIVISION

Public Rules Notice

The New Mexico Department of Health will hold a public hearing regarding 7.33.2 NMAC "Blood and Breath Testing Under The New Mexico Implied Consent Act". The purpose of the hearing is to hear public testimony and comments regarding the proposed changes to the rules. The Hearing will be held on February 22, 20] 0 at 9:00 am in the Harold Runnels Building Auditorium, located at 1190 St. Francis Drive, Santa Fe, New Mexico.

A copy ofthe proposed rules can be obtained from the Scientific Laboratory Division's website, www.sld.state.nm.us or you can contact: Nancy Drez Scientific Laboratory Division P.O. Box 4700 Albuquerque, NM 87196 505-841-2583

Please submit any written comments regarding the proposed rules to: Nancy Drez Scientific Laboratory Division P.O. Box 4700 Albuquerque, NM 87 J96

The Department will accept public comment through the close ofthe hearing.

If you are an individual with a disability who wishes to attend the hearing or meeting, please contact Debra Gallegos at 827-1794. The Department requests at least ten (10) days advance notice to provide requested special accommodations. 

### NEW MEXICO HIGHER EDUCATION DEPARTMENT

NEW MEXICO HIGHER EDUCATION DEPARTMENT

The New Mexico Higher Education Department ("Department") hereby gives notice that the Department will conduct
a public hearing in the Mabry Hall, New Mexico Public Education Department, Jerry Apodaca Education Building, 300 Don Gaspar, Santa Fe, New Mexico, 87505, on March 4, 20 10, from 8:00 a.m, to 9:00 a.m .. The purpose of the public hearing will be to repeal 5.55.4 NMAC, Dual Credit. Full text of the Dual Credit Rule may still be accessed at NMPED, 6.307 NMAC.

Interested individuals may testify either at the public hearing or submit written comments regarding the proposed rulemaking to Ms. Ally Hudson, P-20 Policy and Programs Division, Higher Education Department, 2048 Galisteo Street, Santa Fe, New Mexico 87505 (ally.hudson@state.nm.us) (505) 476-8423 (telefax (505) 476-8453).

Written comments must be received no later than 5:00 pm on March 4, 2010. However, the submission of written comments as soon as possible is encouraged.

The proposed ruJemaking action may be accessed on the Department's website (http://hed.state.nm.us/) or obtained from Ms. Ally Hudson, P-20 Policy and Programs Division, Higher Education Department, 2048 Galisteo Street, Santa Fe, New Mexico 87505 (ally.hudson@state.nm.us) (505) 476-8423)(telefax (505) 476-8453).

Individuals with disabilities who require this information in an alternative format or need any form of auxiliary aid to attend
or participate in this meeting are asked to contact Ms. Hudson as soon as possible. The Department requests at least ten (10) days advance notice to provide requested special accommodations.


### NEW MEXICO LIVESTOCK BOARD

NEW MEXICO LIVESTOCK BOARD

NOTICE OF RULEMAKING AND ADOPTION OF RULE HEARING AND REGULAR BOARD MEETING

NOTICE IS HEREBY GIVEN that a rulemaking and adoption of rule hearing and a regular board meeting will be held on Tuesday, February 9, 20 I0 at the Museum Resources Division, Stuart Udall Center for Museum Resources; 725 Camino Lejo; Santa Fe, New Mexico 87504 at 9:00 a.m. The Board will adopt rules regarding telephonic meetings, bovine trichomoniasis, health requirements for exhibition swine and other livestock and discuss other matters of general business.

Copies of the rule can be obtained by contacting Myles C. Culbertson, Executive Director, New Mexico Livestock Board, 300 San Mateo NE Suite 1000, Albuquerque, NM 87108-1500, (505) 841-6161. Copies of the agenda may be obtained at New Mexico Livestock Board office or by calling (505) 841-6161.
Anyone who requires special accommodations is requested to notify the New Mexico Livestock Board office at (505) 841-6161 of such needs at least five days prior to the meeting. 

### NEW MEXICO NAPRAPATHIC PRACTICE BOARD

LEGAL NOTICE

Public Rule Hearing and Regular Board Meeting

The New Mexico Naprapathic Practice Board will hold a Rule Hearing on Friday, March 12,20 JO. Following the Rule Hearing the New Mexico Naprapathic Practice Board will convene a regular meeting to adopt the rules and take care ofregular business. The New Mexico Naprapathic Practice Board Rule Hearing will begin at 10:00 a.m. and the Regular Meeting will convene following the rule hearing. The meetings will be held at the Toney Anaya Building, West Capitol Complex, 2550 Cerrillos Road, Santa Fe, NM in the Hearing Room #2, 2nd Floor.

The purpose ofthe rule hearing is to consider adoption of proposed amendments, repeals and additions to the following Board Rules and Regulations in 16.6 NMAC: Part 3 Fees, Part 4 License Expiration and Renewal, Part 5 Inactive Status, Part 6 Continuing Education, Part 7 Licensure by Endorsement and Examination, Part 9 Supervision of Intern, and Part 10 Naprapathic Assistants.

Persons desiring to present their views on the proposed rules may write to request draft copies from the Board office after February 12, 20 I0, you can contact the board office at the Toney Anaya Building located at the West Capitol Complex, 2550 Cerrillos Road in Santa Fe, New Mexico 87504, call (505) 476-4980 or copies of the proposed rules
are available on the Naprapathy board's website: www.RLD.state.nm.us/naprapathy.

# Robert A. Samaniego
Education:



## B.s. Chemical Engineering, Rensselaer Polytechnic Institute, Troy, NY, 1978 Other areas of study included electives in environmental engineering.


## Employment:
New Mexico Environment Department Environmental Scientist & 

## Specialist-A Santa Fe, NM 1996 to present

• Stationary source inspector ofcomplex air emission sources such as Gas Processing Plants, Petroleum Refineries and the Intel Semiconductor Manufacturing Facility. Includes extensive knowledge offederal and state air regulations as well as air emission sampling methods. Requires mathematical analyses to verify emission calculations and
source capacities to verify regulatory applicability and knowledge ofchemical analytical techniques to verify proper methods have been utilized to target specific pollutants. Special projects include training classes to staffand public presentations at US EPA Air Inspector Workshops, technical analysis and guidance for complex enforcement cases and regulatory development.

Nizhoni Institute Director Academy ofEcology and Energy Santa Fe, NM 1990 to 1993

• Director ofAcademy focusing on environmental and energy studies. Included teaching classes in mathematics and chemistry. Involved extensive analyses ofcomplex problems to illustrate practical applications ofapplied mathematics and chemistry. Included classes in Chemical Analytical Techniques.

Princeton Review Mathematics and Science Instructor New York, NY 1986 to 1990

• Instructor ofmathematics and chemistry focusing primarily on preparing high school students for the SAT and College Board Achievement exams..

California Regional Water Quality Control Board Oakland, CA Water Resources Control Engineer 1981 to 1985 • Area inspector of surface water discharge sources. Sources ranged from simpler sources such as landfills to more complex sources such as petroleum refineries and chemical plants. Prepared post-inspection reports, and enforcement notices when violations were

NMED EXHIBIT 6

## noted. Included extensive knowledge ofFederal and California water regulations and water sampling methods. Included extensive mathematical analyses to verify emission calculations and source capacities to verify regulatory applicability. Included extensive knowledge ofchemical analytical techniques to verify proper methods have been utilized to target specific pollutants. Observed water sampling tests and reviewed test reports.

Bechtel Petroleum San Francisco, CA Project Engineer 1980 to 1981 • Project engineer for Petroleum Refinery project. Included extensive mathematical analyses to verify calculations and source capacities to specify equipment sizes. Required understanding ofrefinery processes to specify equipment sizes properly.

Uniroyal Chemical Naugatuck, CT Project Engineer 1978 to 1980

• Project engineer for chemical plant. Included extensive mathematical analyses to verify calculations and source capacities to specify equipment sizes. Required understanding of chemical processes to specify equipment sizes properly.

### EIB HEARING, 

### 4/5/10

1 3

15

19 6 13 PAGE

MARKED/ADMITTED EXHIBITS

1. Written Testimony of Gail Cooke STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT No. EIB 09-14 (R) 1 INDEX BOAR

## C)'\O'\'\1273~**.l AI**  COOKE

### I\~ Direct Examination by Mr. Grantham
,: '" Examination by the Board ":I'

# ~AV 5 OBERT SAMANIEGO IN THE MATTER OF PROPOSED AMENDMEN ll)
.. 

# A 6 tD Examination by the Board TO: 20.2.1 NMAC

- General**provisio~ S'II** **\~w.** • 7 

# l:5

e- " 

# !:i

\

## ~82'agt NMED EXHIBIT: 10 2 3 4 1

5 6 7 8 9 10 11 12 TRANSCRIPT OF PROCEEDINGS 11 2. Resume of Gail Cooke

3. proposed Rule changes to 20.2.1 NMAC 1 3 14 15 16

17
18
19
20

21 22 23 24 25 BE IT REMEMBERED that on the 5th day of April, 2010, this matter came on for hearing before
FRANK SIMMS, Hearing officer, at the New Mexico State capitol Building, 490 Santa Fe Trail, Room 317, Santa
Fe, New Mexico, at the hour of 10:47 a.m. 12

13 4. 14 15 5. 16 6. 17 7. 18 19 20 21 22 23 24 25 U.S. Environmental Improvement Agency; Performance Test calculation Guidelines Notices of Public Meeting and Hearing Resume of Robert samaniego proposed 20.2.1.116 as Amended 19

19

19 19 19 19

2 1 APPEARANCES 2 For the Environmental Improvement Board: 3 MR. FRANK SIMMS, Hearing Officer MR. GREGORY GREEN, Chairman 4 MR. JAMES COLLIN MR. JOHN HORNING 5 Environmental Improvement Board 1190 St. Francis Drive 6 Harold Runnels Building Santa Fe, NM 87501 7 MR. STEPHEN VIGIL 8 Board Counsel 9 For the New Mexico Environment Department: 10 MR. BILL GRANTHAM ASSISTANT GENERAL COUNSEL 11 1190 S. St

. Francis Drive, Suite N -4068 Santa Fe, NM 87501 12 (505) 827-2824 bill.grantham@state.nm.us 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 MR. GREEN: Mr. sims, we will turn over the 2 presentation to you at this point. 3 MR. SIMS: Thank you, Mr. Chairman. This is 4 the hearing in regard to EIB 09-14 (R) to consider 5 proposed amendments to Title 20, chapter 2, part 1, air 6 quality standards statewide, I believe. 7 My name is Frank Simms. I am today's hearing 8 officer. For the record, the time is 10 :47, and we are 9 meeting in Room 317 of the State capitol Building, 10 Santa Fe, New Mexico. Today's date is April 5th, 11 2010. 12 we are here to consider the petition for 13 rulemaking submitted by the New Mexico Environment 14 Department. This hearing shall be conducted in 15 accordance with the Board's rulemaking procedures. The 16 hearing will be conducted in a fair and impartial 17 manner so as to assure us that the relevant facts are 18 fully stated and to provide a reasonable opportunity 19 for all persons to be heard without burdening the 20 record with unnecessary repetition. 21 The Rules of civil procedure and evidence 22 shall not apply to this hearing. AS Hearing officer, I 23 will make such orders as may be necessary to preserve 24 decorum and to protect the orderly hearing process. 25 AS Chairman, I'd like to verify that I think 

### KATHY TOWNSEND COURT REPORTERS 

### 505-243-5018

### EIB HEARING, 

### 4/5/10

5 1 this hearing is unopposed today; is that true? 2 MR. GREEN: Yes. 3 MR

. SIMS: okay. DOes the New Mexico 4 Environment Department today hereby adopt and affirm 5 its written testimony submitted to the Board in this 6 matter? 7 MS. COOKE: Yes, I do. 8 MR. SIMS: In consideration of the Board's 9 detailed review of the submitted written testimony, 10 please only provide us a succinct recitation of the 11 essential facts relating to the rulemaking petition. 12 The hearing process today shall be as 13 fol l ows : All testimony will be taken under oath. The 14 State Environment Department may make an opening 15 statement, which is optional, and we will begin with 16 the State's witnesses, either as a panel or 17 individually. Then cross-examination of the 18 petitioner's witnesses and any rebuttal testimony, 1 9 which I doubt that there will be any today. 20 So, Mr. chairman, w ith your permission, I 21 think we can begin. 22 MR. GREEN: Please. 23 MR. SIMS: Ms. Cooke? 24 MR. GRANTHAM: Good morning, Hearing Officer 25 Sims. My name is Bill Grantham. I am an attorney with 1 A. My name is Gail Cooke. 2 Q

. And where do you work, MS. Cooke? 3 A. I work for the New Mexico Environment 4 Department, A ir Quality Bureau

. 5 Q. And how long have you been with the Bureau? 6 A. I have been with the Bureau for nearly 11 7 years. 8 Q. And can you briefly describe your educational 9 background? 10 A. I have a bachelor 's degree of environmental 1 1 design from Texas A&M university and a master's of 12 urban and regional planning from virginia Tech. 1 3 Q

. And you provided written testimony for 14 inclusion in the Statement of Intent to Present 15 Technical Testimony; is that true? 16 A. Yes, I did. It's included as Exhibit 1. 17 Q

. And I think you have already stated that you 18 adopt that as your testimony here today under oath? 19 A. Yes, I do. 20 Q

. Could you provide a summary of that 2 1 testimony? 22 A

. Yes, I will. chairman, and, Members of the 23 Board, I am here to present the New Mexico Environment 24 Department Air Quality Bureau's proposed amendments to 25 20.2.1 NMAC, New Mexico Administrative Code, or NMAC

6 8 1 the Environment Department and I am here with Gail 1 General Provisions. NMED Exhibit 3 reflects the 2 cooke, who is the environmental planner with the Air 2 Department's proposed amendments and current NMAC 3 Quality Bureau, and Mr. Robert Samaniego, who is the 3 format. 4 environmental compliance specialist with the Bureau. 4 The New Mexico Environment Department is 5 And, as you have noted, we are here to ask 5 proposing these revisions to Part 1 to conform with 6 the Board to adopt revisions to 20.2.1 NMAC; 6 guidance i ssued by the u.s. Environmental Protection 7 specifically, to add a 20.2.1.116 NMAC, which would 7 Agency regarding the use of significant figures for 8 address significant figures and provide procedures for 8 calculating and reporting emission rates and 9 rounding when doing emissions calculations. 9 concentrations when determining compliance w ith state 10 I only have questions for MS. Cooke this 10 and federal emission standards. This guidance is 11 morning, but I would like to have both witnesses sworn 1 1 included as NMED Exhibit 4. 12 in in case there are questions on cross-examination 12 The proposed revisions will provide clarity 13 that Mr. samaniego may be more familiar with through 13 and certainty as to how the Department will calculate 14 his work as a compliance specialist in dealing with 14 emissions to assess compliance with applicable 15 these significant figures issues on the compliance 15 standards. This will provide regulated entities with 16 si de. 16 cl ear and unambi guous requi rements. 17 So with that, I would ask the witnesses to be 17 EPA's guidance addresses significant figures 18 sworn in. 18 for emissions standards, significant figures to carry 19 (witnesses sworn.) 19 in intermediate calculations, and the rounding of final 20 GAIL COOKE 20 emission value numbers to the proper significant 21 after having been first duly sworn under oath, 21 figures. The Department is proposing to amend part 1 22 was questioned and testif ied as follows : 22 to address each of these aspects. 23 DIRECT EXAMINATION 23 The EPA guidance memo states that all 24 BY MR. GRANTHAM: 24 emission standards have at least two significant 25 Q. please state your name for the record. 25 figures, but no more than three significant figures. A 

### KATHY TOWNSEND COURT REPORTERS 

### 505-243-5018

### EIB HEARING, 4/5/10

9 1 significant figure is any dig it that is necessary to 2 define the spec ific value or quantity. 3 The Department proposes corresponding 4 amendments to part 1. specifically, 20.2.1 .116(A) NMAC 5 provides that "All emission standards are deemed to 6 have at least two significant figures, but not more 7 than three significant figures." 8 For example, if a regulation specified an 9 emission standard of 0.3 pounds of sulfur dioxide per 1 10 million BTU , this provision would clarify that the 11 standard should be interpreted as 0.30 pounds per 1 12 million BTU and that the results of any emission 13 calculations will be reported with at least two 14 significant figures in order to demonstrate compliance 15 with this standard. 16 The EPA guidance memo states for intermediate 17 calculations, to carry at least five significant 18 figures. In many instances, the measurements of 1 9 variables and sample quantities determined by 20 continuous emission monitors or during source 21 performance tests are recorded in metric or English 22 units or a combination of both. 23 To ensure that final emission standards will 24 be two or three significant figures, English or metric 25 units may be used for intermediate emissions 11 1 federal and state standards are reported in a 2 consistent manner. 3 The proposed revisions to Part 1 that I just 4 outlined will apply to all permitted sources 5 statewide. These proposed revisions clarify how 6 sources should properly calculate and round emissions. 7 The proposed revisions will also allow for more 8 consistency in the reporting of emissions of both 9 federal and state standards

. 10 The proposed revisions are relatively minor 1 1 and should have a very limited effect on permanent 12 sources in the state. The Department anticipates that 13 it will be rare that the application of the 14 significant-figure rule will make a difference in 15 determining whether a fac ility is in compliance. 16 However, it is in these close cases that formal 17 guidance is most needed to provide certainty to all 18 parties. Having this regulation in place will help 19 avoid unnecessary complication and litigation in the 20 course of enforcement cases. 21 Outreach was conducted for the proposed 22 revisions to part 1 in the form of public notices, 23 which are in Exhibit 5, and an open house. The State 24 received no comments from the public notices and no 25 attendance at the open house.
10 12 1 calculations provided that at least five significant 1 Q

. Ms. cooke, does the Bureau have any revisions 2 figures are retained. 2 to the proposed regulations it would like to propose at 3 Accordingly, the Department proposes adding 3 this point since the petition was filed? 4 20.2.1.116(B), which provides that at least five 4 A

. Yes , we do

. There is one technical 5 significant figures shall be retained in intermediate 5 correction. The provision under 20.2.1.116(D) NMAC, 6 calculations. All final calculations should be rounded 6 which you have in my NOI at this point, was mislabeled 7 off to two or three significant figures. 7 and should have, instead, been denoted as 20.2.1.116(C) 8 Finally, the EPA guidance states that when 8 NMAC. 9 rounding off a figure, the following procedures, based 9 MR

. GRANTHAM: Mr. Hearing officer, I have 10 on practices given under the American society for 10 hard copies of the proposed 20.2.1.116 as amended as 11 Testing and Materials, ASTM, Standard for Metric 11 MS. Cooke has just described it, if I may approach. 12 practice E 380 should be used: If the first digit

-- 12 MR. SIMS: Thank you. 13 if the first digit to be discarded is less than five, 13 MR

. GRANTHAM: I'd like to move for admission 14 the last digit retained should not be changed; when the 14 of this as NMED Exhibit 7. 15 first digit discarded is greater than five, or if it is 15 MR. GREEN: Mr. Sims, do you want to admit 16 a five followed by at least one digit other than a 16 all the NMED exhibits into the record? 17 zero, the last figure retained should be increased by 17 MR

. SIMS: I'm sorry, Mr. Chairman? 1B one unit; and when the first digit discarded is exactly 18 MR

. GREEN: would you like to accept a motion 19 five, followed only by zeros, the last digit retained 19 to accept all of these in the record? 20 should be rounded upward if it is an odd number, but no 20 MR. SIMS: I would. I think that would be 21 adjustment made if it is an even number. 21 very appropriate. 22 The Department proposes codifying these 22 MR. GREEN: I'd like to move all the Exhibits 23 procedures in 20.2.1.116(C). This proposed revision 23 1 through 7 into the record. 24 w ill clarify how emission calculations should be 24 MR

. SIMS: IS there a second to the motion? 25 rounded and ensure that all reported emissions for 25 MR

. COLLIN: I will second. 

### KATHY TOWNSEND COURT REPORTERS 505-243-5018

### EIB HEARING, 

### 4/5/10

13 1 MR. SIMS: Thank you. All those in favor? 2 MR. GREEN: Aye. 3 MR. HORNING: Aye. 4 MR. SIMS: Objections? 5 Should we continue? 6 MR. GRANTHAM: Yes, Mr. Hearing officer. We 7 have no further questions for the witness. we stand 8 for cross. 9 MR. SIMS: Thank you. Any questions for the 10 witness? 1 1 MR. COLLIN: I have a few questions. 12 EXAMINATION 13 BY THE BOARD : 14 MR. COLLIN: First, it seems to me that 15 rounding is something we all need to do, there needs to 16 be standards. 17 Are there

-- are these standards 18 substantially similar to or the same as, or are they 1 9 significantly different from other rounding techniques 20 used for other state agencies or state collection of 21 data? 22 MS. COOKE: AS far as what we propose today, 23 it is exactly the same as what EPA guidance recommends 24 for rounding as far as for emission sources to comply 25 with state and federal

-- or to comply with federal 15 1 for the intermediate calculations. 2 MR. GREEN: Pretend like you are explaining 3 it to your mom or dad. 4 MS. COOKE: You need Robert. 5 ROBERT SAMANIEGO 6 after having been first duly sworn under oath, 7 was questioned and testified as follows: 8 EXAMINATION 9 BY THE BOARD: 10 MR. GREEN: Tell me what significant figure 1 1 is and about the five , and put it in real world terms. 12 MR. SAMANIEGO: Sure. I think there is a 13 fairly simple way to th ink about it, because even as a 14 scientific person, it is not always necessarily so 15 obvious. 16 The way that I think about it is if you 17 remember scientific notation at all from high school 18 chemistry and physics, where, for example, the number 19 12 might be expressed as 1.2 times ten to the first. 20 So this is the number 12. In expressing it that way, 21 what it's telling you is that the two digits, one and 22 two, for the number 12, are both significant digits. 23 Let's say we were looking at the number 120. 24 If we were to write that as 1.2 times ten to the 25 second, what that would tell you is that the number 120
14 16 1 standards. 1 only has two significant digits, the one and the two. 2 So I am not sure what other states, as far as 2 In that case, the zero would not be, by 3 rounding, do, but what we adopted is

-- what we are 3 definition , would not be a significant digit. And so 4 proposing today is exactly what EPA reconrnends in their 4 the question, then , is, "well, why is that useful? " In 5 guidance. 5 terms of the work that we do, it's useful for two 6 MR. COLLIN: And so in terms of what the feds 6 reasons: Number one, unfortunately, we find that there 7 recommend, you're not sure about other states, 7 are many situations where there is no certainty 8 basically. okay. 8 regarding emission standards, and I will give you a 9 To me , it all seems pretty obvious

. The only 9 simple example. 10 one that's pretty interesting that didn't seem similar 10 EPA might have a standard that says, "You 11 to what they taught me in, you know, elementary school 11 shall not exceed 150 parts per million. " Okay. But 12 math was the bit about whether it's odd or even before 12 what does that mean? If you exceed that number for one 13 we round up or not, but that is the standard that's 1 3 second, does that mean you are in violation, or for one 14 practiced with the feds? 14 hour or for one day? 15 MS. COOKE: Yes. 15 And in compliance and enforcement work, we 16 MR. COLLIN: And that's how it's done. So if 16 frequently run into situations like that, what is 17 that's so, I have no further questions. 17 really fair to the regulated entity and what's actually 18 MR. GREEN: Just real quick. Five 18 reasonable for us when we are looking at how do we 19 significant figures. I'm looking for the definition of 1 9 assess compliance in that manner? 20 "significant figures." 20 So better written regulations would actually 21 MS. COOKE: That was actually

- - if I can 21 express a value like that in terms of an averaging 22 have this back. It's defined , actually . "A 22 time

. It would say, "You shall not exceed 150 parts 23 significant figure is any digit that is necessary to 23 per million for one hour, " or, "for three consecutive 24 define a specific value or quantity." So Robert can 24 hours," or something like that. That provides 25 probably answer as far as why five significant figures 25 certainty to both the agency and the regulated entity. 

### KATHY TOWNSEND COURT REPORTERS 

### 505-243-5018

### EIB HEARING, 

### 4/5/10

17 1 This is sort of a similar kind of a metaphor, 2 because if you were looking at an emissions standard of 3 fifteen parts per million, well , when are you out of 4 compliance, when it's 15.0001? That seems a little 5 unfair. 6 So by coming up with this kind of a standard, 7 it makes it really clear that if you are dealing with 8 two significant digits and your limit was fifteen, you 9 wouldn't be out of compliance until your emissions were 10 greater than 15.5

. That would be clear. 1 1 If it was less than 15.5, you would round 12 down to fifteen, you would not be out of compliance, 13 and that would give certainty to both the regulated 14 entity and to the agency in terms of understanding 15 where a source would sit relative to their 16 limitations. 17 MR

. GREEN: But when we start looking at 18 really large numbers, how is that affected by the two 1 9 significant digits system? 20 MR. SAMANIEGO: Sure. 21 MR. GREEN: I mean, there could be a world of 22 difference between those, .5, when you start talking 23 about metric tons and other things along those lines. 24 MR. SAMANIEGO: Right. Again, I was thinking 25 of a number like, I don't know , 3,300. If you were
-- 1 9 1 that the State's Exhibits 1 through 7 have been entered 2 into the reco rd . 3 (NMED Exhibits 1 through 7 admitted.) 4 MR. SIMS: Mr

. Samaniego , do you have 5 additional testimony for today's hearing? 6 MR. SAMANIEGO: I do not. 7 MR. SIMS: Thank you. Are we at the 8 conclusion of the testimony? 9 MR. GRANTHAM: we are, Mr. Hearing Officer, 10 and I have no closing argument. 1 1 MR. SIMS: Thank you very much

. Am I 12 correct , Mr

. Chairman, that it would be appropriate to 13 close the record? 14 MR. GREEN: Mr. Hearing Officer, let me ask 15 one final question. I'm sorry, I was trying to get 1 6 additional time or let somebody else ask questions. 17 How is it calculated now? 18 MR. SAMANIEGO: well , the truth is, in most 19 cases, th is is not even an issue. Where we have had 20 some close cases, we have relied on the EPA guidance. 21 And this , of course, has resulted in disagreement 22 between the agency and the regulated entities. 23 MR. GREEN: would the EPA guidance benefit 24 the regulated entities? 25 MR. SAMANIEGO: In some situations, it might , 18 20 1 in this case, since we are limited to three and if you 1 and in some situations, i t night not. 2 looked at that as 3.33 times ten to the third, then 2 MR. GREEN: I am just having a

- - math is not 3 what that means is that you would be looking at, in 3 my strong point, and so I am having a hard time with 4 this case, I think it would be a multiple of five 4 these really large numbers. 5 before you would actually be out of compliance. 5 MR

. SAMANIEGO: Right. 6 Again, you wouldn't be looking at .1 or one 6 MR

. GREEN: Rounding up by several metric 7 or anythi ng 1i ke that. That's how it woul d set those 7 tons. 8 kinds of limitations in terms of when do we consider 8 MR. SAMANIEGO: Right. 9 that you are out

. 9 MR. GREEN: Or down, and t rying to grasp what 10 MR. GREEN: It still seems like a large 10 that really means in the real world

. 1 1 number before you are forced out. 1 1 MR. SAMANIEGO: Sure. When we start talking 12 MR. SAMANIEGO: Yes, that's correct, and I 12 about metric tons, I was also beginning to think that 13 think the only way that I could answer that, because, 13 this, perhaps

-- we just had the greenhouse overview , 14 of course, I am not the one that came up with the 14 you may be thinking about it from that perspective. 15 guidance, is that it just simply provides the same 15 MR. GREEN: Right. 16 standard that everybody is held to at all t imes, and 16 MR. SAMANIEGO: we actually had this 17 there will be sometimes, I agree, where it appears 17 discussion last week internally. unless the greenhouse 18 like, "well , gee, that's pretty big ." 18 rules actually impose emission limitations, this would 19 But from the standpoint of the compliance and 19 not apply. 20 enforcement work that we do, we are perfectly okay with 20 For example, the current acid rain

-- 21 accepting that, because that's a standard that 21 MR. GREEN: No, just go to mercury or 22 everybody is held to

. 22 something else that we deal with a lot here already in 23 MR. GREEN: Those are all the questions right 23 the state. 24 now. 24 MR. SAMANIEGO: well, I don't really know 25 MR. SIMS: Mr. Chairman, let the record show 25 from any personal experience whether or not, with 

### KATHY TOWNSEND COURT REPORTERS 

### 505 -243-5018

### EIB HEARING, 

### 4/5/10

21 1 respect to mercury, that we are talking thousands or 2 tens of thousands metric tons

. I have no sense for 3 whether or not metric tons is a fair measure of 4 potential mercury emissions or not. 5 MR. GREEN: So you don't think, like by using 6 this number, you can't think of a single air pollutant 7 that, by rounding, we are gaining or losing in huge 8 numbers? 9 MR. SAMANIEGO: Not offhand. 1 0 MR. GREEN: For a source? 11 MR. SAMANIEGO: Not offhand. 12 MR. GREEN: That's my only sort of 13 mathematical fear here, and when we start talking about 14 really large numbers, greenhouse gases, those are big 15 numbers to be rounded up, probably two digits, versus 16 the five which are retained. 17 So if they are retained, what does that 18 mean? 19 Are you able to use them in any way, or are 20 they just retained? 21 MR. SAMANIEGO: well , so what it actually 22 means in this context, when you're talking the five 23 digits and then the three digits, the primary reason 24 that there are five digits for intermediate 25 calculations is so that you simply have enough digits

22 2 3 1 exceedance. 2 The company felt it was only

. 35 and above, 3 and the agency felt

- - and, again, this was a rounding 4 thing using the EPA guidance

-- that it was
. 31. well, 5 it would be .3049 and above, actually. 6 So what it really came down to, actually, was 7 the company wasn't necessarily trying to eliminate all 8 of their exceedances, but they were certainly trying to 9 el iminate some of them

. 10 And so the disagreement here was if you were 1 1 to use two significant digits versus three significant 12 digits, it simply meant a difference in the number of 1 3 exceedances

. 14 using the three significance digits meant the 15 State would allege more exceedances, and if we use two, 16 it would have been in the company's favor because it 17 would have dropped a number of measurements that were 18 above.3 but were below .349. So that was a real 19 practical illustration here. 20 So what that means is even if you go to the 21 three significant digits, the State is still letting go 22 of any exceedances that were above .3 and below .3049, 23 but the State is okay with that because that is 24 consistent with EPA guidance and it's exactly what EPA 25 would do in that situation.
24 1 so that you could do the proper rounding at the end

. 1 MR. HORNING: Great. That's very helpful. 2 so that at a minimum, you would round down to three 2 MR. SIMS: Thank you. 3 significant digits. That is really the primary reason 3 Is there anyone here representing the public 4 for it. 4 that's got any questions for the witnesses , or anyone 5 MR. GREEN: I just want to make sure I know 5 here who would like to testify? Thank you. 6 what we are doing. 6 Mr. chairman, I think if it's the pleasure of 7 MR. HORNING: I have a question. 7 the Board, we can consider closing the record. 8 Could you describe, in the example that you 8 MR. GREEN: I believe so. 9 cited that was the catalyst for the rule revis ion , to 9 MR. SIMS: Is it appropriate to make a motion 10 help me have a little more context about how you 10 to close the record? 11 grappled with the dilemma and how this helps resolve 1 1 MR

. GREEN: I believe you can just do that on 12 that? 12 your own. 13 MR. SAMANIEGO: Yes. I had personal 13 MR

. SIMS: we just closed the record. 14 experience with that. We have a state regulation that 14 Thank you, Mr. Chairman. 15 actually lists an emissions standard or an emission 15 (proceedings concluded at 11:15 a.m.) 16 l imit as 0.3 pounds of nitrogen oxides per million BTU 16 17 of fuel being burned, and this particular company had 17 18 what they call a "cont i nuous emission monitor ," which 18 19 is simply an analyzer that's measuring the emissions 19 20 coming out of the stack 24 hours a day, seven days a 20 21 week. 21 22 And the analyzer was routinely measuring 22 23 levels that were above this 0.3 limit, and so the 23 24 disagreement that the agency and the company had in 24 25 this particular case was what actually constituted an 25 

### KATHY TOWNSEND COURT REPORTERS 

### 505-243-5018

### EIB HEARING, 

### 4/5/10

25 1 STATE OF NEW MEXICO 2 3 COUNTY OF BERNALILLO 4 I, DENISE KOPAN, the undersigned Court 5 Reporter, HEREBY CERTIFY that the foregoing hearing was 6 recorded by me by machine shorthand; that I later 7 caused my notes to be transcribed under my personal 8 supervision; and that the foregoing is a true and 9 accurate record, to the best of my ability, of said 10 proceedi ngs. 11 I FURTHER CERTIFY that I am not a relative or 12 employee of any of the parties or attorneys involved in 13 this matter and that I have no personal interest in the 14 final disposition of this matter. 15 DATED this 7th day of April, 2010. 16 17 18 19 DENISE KOPAN , NM CCR #124 20 License Expirati on: 12/31/10 21 22 23 24 25



### KATHY TOWNSEND COURT REPORTERS 

### 505-243-5018

### EIB HEARING, 4/5/10


### 1

2



# c

calculate [2] - 8: 13,

11 :6 calculated [1)- 19:17 calculating [1J- 8:8 Calculation (1)- 3:14 calculations (10J - 6:9,

8:19 ,9:13 ,9:17, 10:1 ,10:6,10:24, 15:1,21:25 Capitol [2) - 1:19, 4 :9 carry [2] - 8 :18,9:17 case[5)-6 :12,16:2,

7.4, 7.5 , 7.6, 12.1 Bureau's [1) - 7:24 burned [1]- 22 :17 BY[31- 6:24,13 :13,

15:9 coming [2) - 17:6, 22:20 comments [1 ]

- 11 :24 companYl4J - 22 :17,

22:24 , 23:2, 23:7 1--

- - - - - --1 company's (1)- 23:16 compliance [14) - 6:4 ,

6:14,6:15,8:9 ,8:14, 9:14,11:15,16:15, 16:19,17:4 ,17 :9, 17:12 ,18:5,18:19 complication [1)

-

11:19 comply [2J - 13:24,

13:25 concentrations [1J8:9 concluded [1J

- 24:15 conclusion [1]

- 19:8 conducted [3)- 4 :14,

4:16,11:21 application [1) - 11:13 apply [3J - 4:22, 11:4,

20:19 approach (1J - 12:11 appropriate ( 3J

- 12:21,19:12,24:9 Aprll (3)-1 :17,4:10,

25 :15 argument[1)- 19:10 aspects [1) - 8:22 aSSeSS[2]- 8:14,

16:19 ASSISTANT [1)- 2:10 assure (1)

- 4 :17 ASTM(1j -10 :11 attendance [1J - 11:25 attorney 1 1J - 5:25 attorneys [1)- 25:12 averaging [1)- 16:21 avoid[1]-11:19 827-2824 [1)- 2:12 87501 [2 ] - 2:6, 2:11



## A

A&M [1) - 7:11 a.m [2 J- 1 :20, 24:15 ability [1] - 25:9 able [1) - 21:19 accept[2)-12:18 ,

12:19 accepting [1J - 18:21 accordance [1J - 4:15 Accordingly [1) - 10 :3 accurate [1) - 25:9 acid [1) - 20:20 add [1 J- 6:7 adding [1] - 10:3 2 [2) - 3: 11, 4:5 20[1) - 4 :5 20.2.114J - 1:5, 3:12,

6:6,7:25 20.2.1 .116(3)- 3:17 ,

6:7, 12:10 20.2.1.116(A[1]- 9:4 20.2.1.116(B [1]- 10:4 20.2.1.116(C [1]- 12:7 20.2.1.116(C) [1]-

10:23 20.2 .1 .116(0[1)-12 :5 2010(3)-1:17 ,4 :11,

25:15 24 [1)- 22 :20 

## # 3 additional [2) - 19:5, Aye [2) - 13:2, 13:3 

# I 18:1,18:4,22:25 19:16 cases [4)

- 11:16 , address [2] - 6:8 , 8:22 

## B 11 :20,19:19,19:20 #124[1]- 25:19 3 [4J- 3:12, 8:1 , 23:18, addresses [1 J- 8:17 catalyst [1) - 22 :9 23 :22 adjustment [1) - 10:21 caused [1] - 25:7 

## 0 3,300 [1) - 17:25 Administrative [1)

- bachelor's [1)- 7:10 CCR[1)- 25:19 3.33 [1) - 18:2 7:25 background (1] - 7 :9 certainly [1] - 23:8 3049 [2J - 23:5 , 23 :22 admission (1J - 12:13 based [1] - 10:9 certainty (5J - 8:13, 0.3(3J

- 9 :9, 22 :16, 31(1J - 23:4 admit (1)

- 12:15 BEI1J-1 :16 11:17 ,16:7,16:25 ,

22 :23 0.30 [1J - 9 :11 317 [ 2) - 1:19, 4:9 admitted (1)- 19:3 begin [2J - 5 :15,5:21 17:13 09-14 [2J - 1 :2, 4:4 349[1)-23:18 adopt [3) - 5:4, 6:6, beginning [1)- 20:12 CERTIFY [2) - 25:5, 35[1)- 23:2 7 :18 below [2) - 23 :18, 25:11 380 [1J - 10:12 adopted [1)- 14:3 23:22 Chairman [10) - 2 :3, 

## 1 affected [1J - 17:18 benefit [1 J- 19:23 4:3, 4:25, 5:20, 7:22 

## 4 affirm [1) - 5:4 BERNALILLO [1)

- 12:17,18:25,19:12, 1 [14)- 3:10, 4:5, 7:16, agencies [1J - 13:20 25:3 24:6,24:14

8:5, 8:21, 9:4, 9:9 , agency [5J - 16:25, best [1) - 25 :9 changed [1)- 10:14 9:11, 11:3, 11:22, 4[2)- 3:13,8:11 17:14 , 19:22,22:24, better ru- 16:20 Changes [1)- 3:12 12:23, 18:6, 19:1 , 490[ 1]-1:19 23:3 between [2 ] - 17:22, Chapter [1] - 4:5 19:3 Agency[2)- 3:13,8:7 19:22 chemistry[ 1)- 15:18 1 .2 [2J - 15:19, 15:24 

## 5 agree (1)

- 18:17 big[2)-18 :18 ,21:14 cited (1J - 22 :9 10:47(2J -1 :20, 4:8 Air(3) - 6:2, 7:4, 7:24 Bill (1) - 5 :25 Civil 11) - 4:21 11(1)-7:6 5[3)

- 3:15 ,11:23, air [2) - 4:5, 21:6 BILL [1J- 2:10 clarify (3) - 9:10, 1190 (2)-2 :5,2:11 17:22 allege [1) - 23:15 bill.grantham@state 10:24 ,11 :5 11:15 [1]- 24:15 505[1 ]- 2:12 allow[1J -11:7 .nm.us [1] - 2 :12 clarity [1]- 8:12 12[3)-15:19,15:20, 5th [2)-1:16,4:10 amend [1) - 8:21 bit [1] - 14 :12 clear pj- 8:16,17:7,

15:22 amended [1] - 12:10 BOARD [3) - 1 : 1, 17:10 12131/10 [1)- 25:20 

## 6 Amended [1]- 3:17 13:13,15:9 close [4)- 11:16, 120 [2) - 15:23, 15:25 

## I AMENDMENTS [1)

- Board [9) - 2 :2, 2 :5, 19:13,19:20,24:10 13 [1J- 3:4 1 :4 I 2 :8, 3:4, 3:6 , 5 :5, closed [1 ) - 24:13 15 (1J - 3:6 6(2J - 3:3, 3:16 amendments [4J - 4 :5, 

# I 6:6, 7:23, 24:7 closing (2J - 19:10, 15.000111)

- 17:4 

# I 7:24 , 8:2, 9 :4 Board's (2)- 4:15 ,5:8 24:7 15.5 [2)

- 17:10, 17: 11 

# I 7 American [1)

- 10:10 briefly (1) - 7:8 Code [1) - 7:25 150 [2) - 16: 11, 16:22 analyzer[2)- 22:19, BTU [3J - 9:10,9:12, codifying [1 J- 10:22 19[7]- 3:10,3:11, 7[5)- 3:17,12:14, 22 :22 22:16 collection [1)- 13:20

3:12,3:14,3:15 , 12:23, 19:1, 19:3 answer [2 ] - 14:25, Building [3) - 1 : 19, COLLIN [6) - 2:4, 3:16,3:17 7th [1J - 25:15 18:13 2:6,4:9 12:25,13:11,13:14, anticipates [1] - 11:12 burdening [1]- 4:19 14:6,14:16 

## 2 

## 8 applicable [1) - 8:14 Bureau [6J - 6:3, 6:4 , combination [1) - 9:2



### KATHY TOWNSEND COURT REPORTERS 

### 505-243-5018

### EIB HEARING, 4/5/10
2

25:8 form [1] - 11:22 formal [1] - 11:16 format [1] - 8:3 Francis [2J- 2:5, 2:11 Frank [1]

- 4:7 FRANK[2]-1:18,2 :3 frequently [1]

- 16:16 fuel [1J - 22:17 fully[1] -4:18 FURTHER[l]- 25:11 

## G

hard [2]- 12:10, 20 :3 

## H GAIL [2J - 3:2, 6:20 Gail [4] - 3:10, 3:11 ,

6:1,7:1 gaining [1] - 21:7 gaseS[l]- 21 :14 gee(1]-18:18 General [2)

- 1:5, 8:1 GENERAL[l)- 2:10 given (1)- 10:10 GRANTHAM [7] -

2:10,5 :24,6:24, 12:9,12"13 13:6, 19:9 Grantham [2] - 3:3,

5:25 grappled [1) - 22:11 grasp [1) - 20:9 Great[l]- 24:1 greater [ 2J • 10:15, 17:10 GREEN [28] - 2:3, 4:1,

5:2,5:22,12:15, 12:18,12:22,13:2, 14:18,15:2,15:10, 17:17,17:21 ,18:10 , 18:23,19:14,19:23, 20:2, 20:6, 20:9, 20:15, 20:21, 21 :5, 21:10,21 :12,22 :5, 24:8,24:11 greenhouse [3]

-

20:13,20:17,21 :14 GREGORY[l]- 2:3 guidance [14] - 8:6,

8:10,8:17,8:23, 9:16,10:8,11:17, 13:23,14:5,18 :15, 19:20, 19:23, 23:4, 23:24 Guidelines 111 - 3:14 

## F

facility [1] - 11 : 15 facts [2]- 4:17,5:11 fair[3]-4:16,16 :17,

21:3 fairly [lJ- 15: 13 familiar[l]- 6:13 far [4J - 13:22, 13:24,

14:2,14:25 favor/2] - 13:1, 23: 16 Fe [5) - 1:19, 1 :20, 2:6,

2:11,4:10 fear[l)- 21 :13 federal [5]- 8:10 ,

11:1, 11 :9, 13:25 feds [2]- 14:6, 14:14 I felt [2 J- 23:2, 23 :3 few [1]- 13:11 fifteen [3]- 17:3, 17:8,

17:12 figure (6J - 9:1 , 10:9,

10:17,11 :14,14:23, 15:10 figures [19]- 6:8, 6:15,

8:7,8:17,8:18,8:21 , 8:25,9:6,9 :7,9:14, 9:18,9:24,10:2, 10:5,10:7,14:19, 14:20, 14:25 filed [1] - 12:3 final 15] - 8:19, 9:23,

10:6,19:15,25:14 Finally [1]- 10:8 First [lJ

- 13:14 first [7)

- 6:21, 10:12,

10:13,10:15,10:18, 15:6,15:19 fiVe[13]- 9:17,10 :1,

10:4,10:13,10:15, 10:16,10:19,14:25, 15:11,18:4,21 :16, 21:22, 21:24 Five [1 } - 14:18 followed ( 2] - 10:16, 10:19 following [1]

- 10:9 follows [3]- 5:13,

6:22,15:7 forced [1] - 18:11 foregoing [2] - 25:5, experience (2}

-

20:25,22 :14 Expiration [l J- 25:20 explaining [1]- 15:2 express [1]- 16:21 

# I expressed (1]- 15:19

expressing [1]- 15:20 9:9,9:12,9:20, 9:23, 10:24,13:24,16:8, 20:18,22:15,22:18 emissions [12] - 6:9,

8:14,8 :18,9:25, 10:25, 11:6, 11 :8, 17:2, 17:9, 21:4, 22 :15,22:19 employee [1)- 25:12 end [1] - 22: 1 enforcement [3]

-

11:20,16:15,18:20 English [2] - 9:21,

9:24 ensure [2] - 9:23,

10:25 entered [1] - 19:1 entities [3] - 8:15,

19:22,19:24 entity [3) - 16:17,

16:25, 17:14 Environment [8) - 2:9 ,

4:13,5:4,5:14,6:1, 7:3, 7:23, 8:4 ENVIRONMENTAL [1J

- 1:1 environmental [3]

-

6:2,6 :4,7:10 Environmental [4]

-

2:2,2:5 ,3:13,8:6 EPA[11)- 8:23,9:16,

10:8, 13:23, 14:4, 16:10,19:20,19:23, 23:4,23:24 EPA's [1] - 8:17 essential [1] - 5:11 evidence [1] - 4:21 exactly[4]-10:18,

13:23, 14:4,23:24 Examination [3] - 3:3,

3:4,3 :6 examination [2J5:17,6:12 EXAMINATION [31

-

6:23, 13:12, 15:8 example [5] • 9:8,

15:18,16:9,20:20, 22:8 exceed [3 1- 16:11, 16:12,16:22 exceedance [1] - 23:1 exceedances [4]

-

23:8,23:13 ,23:15, 23:22 EXHIBIT [l]- 3:9 Exhibit [5]- 7:16,8:1,

8:11, 11 :23, 12:14 exhibits [1]- 12:16 Exhibits [3] - 12:22,

19:1,19:3 

## E

educational [1] - 7:8 effect [1] - 11:11 EIB [2)

- 1:2, 4:4 elther nj

- 5:16 elementary [1]

- 14:11 eliminate [2]- 23:7,

23:9 emission [15]- 8:8,

8:10,8:20,8:24,9:5, 25:19 denoted [1]- 12:7 Department [14] - 2:9,

4:14,5:4,5:14,6:1, 7:4,7:24,8:4,8:13, 8:21 , 9:3, 10:3, 10:22,11:12 Department's [1) - 8:2 describe [2J - 7:8,

22:8 described [1]- 12:11 design [lJ- 7:11 detailed [1] - 5:9 determined [1] - 9:19 determining [2] - 8:9,

11:15 difference [3] - 11:14,

17:22,23:12 different [l J- 13:19 digit [10]- 9:1,10:12,

10:13,10:14,10:15, 10:16 ,10:18,10:19, 14:23,16:3 digits [15] - 15:21,

15:22, 16:1, 17:8, 17:19,21:15,21:23, I 21"24, 21"25, 22:3,



## D

dad [lJ- 15:3 data [1J - 13:21 date[1]- 4:10 DATED [lJ- 25:15 days [1] - 22:20 deal [1] - 20:22 dealing [2]- 6:14,

17:7 decorum [1] - 4:24 deemed I1J - 9:5 define [2] - 9:2, 14:24 defined (1)- 14:22 definition [2]- 14:19,

16:3 degree [lJ- 7:10 demonstrate [1]- 9:14 DENISE [2] - 25:4, conform [1] - 8:5 consecutive [1] -

16:23 consider [4] - 4:4,

4:12, 18:8,24:7 consideration [1]

-

5:8 consistency [1) - 11 :8 consistent [2] - 11:2,

23:24 constituted [1] - 22:25 context [2] - 21:22,

22:10 continue [lJ- 13:5 continuous [2] - 9:20,

22:18 COOKE [7]- 3:2,5 :7,

6:20,13:22, 14:15, 14:21,15:4 Cooke [9] - 3:10,3:11,

5:23,6 :2,6:10, 7:1, 7:2, 12:1, 12:11 copies [1]- 12:10 correct [2] - 18:12,

19:12 correction [1]- 12:5 corresponding [1]

-

9:3 Counsel [1] - 2:8 COUNSEL[lj - 2:10 COUNTY [1) - 25:3 course [3] - 11:20,

18:14, 19:21 Court [lJ- 25:4 CrOSS[3]- 5:17,6:12,

13:8 cross-examination [2]

- 5:17,6:12 current [2] - 8:2, 20:20 23:11,23:12,23:14, 23:21 dilemma (1] - 22 :11 dioxide [1) - 9:9 DIRECT [lJ- 6:23 Direct 11]-3:3 disagreement [3]

-

19:21,22:24,23:10 discarded [3]- 10:13,

10:15,10:18 discussion [1] - 20:17 disposition [1] - 25:14

- - - ---- - -1 done [1]- 14:16 doubt [1] - 5:19

- - ---- - - -1 down[4]-17:12, 20:9, 22 :2,23:6 Drive [2) - 2:5, 2:11 droppedju- 23:17 duly [2] - 6:21 , 15:6 during [1] - 9:20



### KATHY TOWNSEND COURT REPORTERS 505-243-5018

### EIB HEARING, 4/5/10 

### 3

orderly [1) - 4:24 orders [1) - 4:23 outlined [1]

- 11:4 Outreach [1] - 11 :21 overvieW[l]- 20 :13 own [1]- 24:12 oxides [1]- 22:16 

## p

PAGE [1]- 3:1 panel [1]- 5:16 Part [6] - 4:5, 8:5,

8:21, 9:4, 11:3, 11:22 particular [2] - 22:17 ,

22:25 parties [2]

- 11:18,

25:12 parts [3[ - 16:11,

16:22,17:3 

# I per[6]- 9:9, 9:11 , 16:11, 16:23, 17:3, 

# I 22:16

perfectly[1]-18:20 Performance [1]

- NEW[2]-1 :1 ,25:1 New [10J- 1 : 18, 1 :20,

2:9 ,4:10 ,4:13,5:3, 7:3, 7:23, 7:25, 8:4 night [1] - 20 :1 nitrogen [1]

- 22 :16 NM [3]- 2:6, 2:11,

25 :19 NMAC (10) - 1 :5, 3:12 ,

6:6 , 6:7, 7:25 , 8:2, 9:4,12 :5,12:8 NMED [6]

- 3:9, 8: 1,

8:11, 12:14, 12:16, 19:3 NOI [1]- 12:6 notation [1)- 15:17 noted [1] - 6:5 notes [1] - 25:7 Notices [1)- 3:15 notices [2] - 11 :22,

11 :24 Number[1J - 16:6 number jisi- 10:20,

10:21 ,15:18,15:20, 15:22 ,15:23,15:25, 16:12,17:25,18:11 , 21 '6 23'12 23'17 

## J



## L K JAMES [1] - 2:4 JOHN [1] - 2:4

large [4] - 17:18,

18:10,20:4,21:14 last[4]-10:14,10:17,

10:19,20 :17 least [7J - 8 :24, 9:6,

9:13,9:17,10:1, 10:4,10:16 less [2 ] -10:13,17:11 letting [1) - 23:21 levels [1) - 22:23 L'c ] 2520 kind (2) - 17:1, 17:6 kinds [1] - 18:8 KOPAN [2J - 25:4,

25:19 means [4] - 18:3, 20:10 ,21 :22,23:20 meanttz

- 23:12,

23 :14 measure [l J- 21:3 measurements [2]

-

9:18,23:17 measuring (2J - 22:19,

22:22 meeting [1) - 4:9 Meeting [1) - 3:15 Members [1] - 7:22 memo [2] - 8:23, 9:16 1--

- - - - - - - mercury [3] - 20:21, 21:1 ,21:4 rnetaphorjtj

- 17:1 Metric [1] - 10:11 metric [7] - 9:21, 9:24,

17:23,20:6,20:12, 21:2,21 :3 MEXICO (2) - 1 : 1 , 25:1 Mexico(10]-1 :18,

1 :20,2 :9,4:10,4:13, 5:3, 7:3, 7:23, 7:25, 8:4 might[3]-15:19,

16'10 19'25 Harold [lJ - 2:6 heard [1]- 4:19 hearing[1 1]-1:17,

4:4,4:7,4:14,4:16, 4:22,4:24,5:1 ,5:12 , 19:5,25:5 Hearing [9]

- 1 : 18, 2:3,

3:15,4:22,5 :24, 12:9, 13:6, 19:9, 19:14 held [2]- 18:16, 18:22 help[2]-11:18,22:10 helpful [1]- 24:1 helps [1]- 22:11 HEREBY [1] - 25:5 hereby [1] - 5:4 high [1]- 15:17 HORNING [4] - 2:4,

13:3,22:7,24:1 hour rsj- 1 :20, 16:14,

16:23 hours (2)- 16:24 ,

22:20 house [2] - 11:23,

11:25 huge [1] - 21:7
I enSe[l

- , ' , , 3:14 

## I limit [3) - 17:8, 22:16, million [6)- 9:10, numbers [6) - 8:20, 

# I 22 :23 9:12, 16:11 , 16:23, 

# i 17:18 ,20 :4,21 :8 , performance [1]

- 17:3,22 :16 21:14,21:15 9:21 llmltatlons (3]- 17:16, illustration [1J - 23:19 18:8,20:18 minimum (1J - 22:2 perhaps [lJ

- 20:13 impartial (1)

- 4:16 limited 12) - 11 : 11 , minOr[1)-11:10 

## 0 permanent [1] - 11 : 11 lrnpose nj - 20:18 18:1 mislabeled [1]- 12:6 permission (1) - 5:20 IMPROVEMENT [1]

- lines [1] - 17:23 mom [1)- 15:3 permitted [1]- 11 :4

1:1 lists [1]- 22:15 monitor [1] - 22:18 oath [4] - 5:13, 6:21, person [1J-15:14 Improvement [3J

- 2 :2, litigation [1] - 11:19 monitors [1] - 9:20 7:18, 15:6 personal [4) - 20:25,

2:5,3:13 looked [1] - 18:2 morning [2] - 5:24, Objections [1)- 13:4 22:13,25:7,25 :13 IN [1]- 1:4 looking [7]- 14:19, 6:11 obvious [2) - 14:9, persons rn- 4:19 included [2]- 7:16, 15:23,16:18,17:2, most [2] - 11:17, 15:15 perspective [1]

-

8:11 17:17,18:3, 18:6 19:18 odd[2]-10 :20, 14:12 20:14 inclusion [1]- 7:14 losing [1J - 21 :7 motion [3]- 12:18, OF [5]- 1:1, 1 :4 , 1 : 12, petition [3]- 4:12 , increased [1) - 10:17 12:24,24:9 25:1,25:3 5:11, 12:3 individually [1] - 5:17 

## M move (2 1- 12:13, offhand [2] - 21 :9, Petitioner's [1] - 5:18 instances [l J- 9:18 21 :11 12:22 physics [1J - 15:18 instead [1J - 12:7 multlple n] -18:4 officer (1 ) - 4:8 place(1 ] -11:18 Intent[l]-7:14 machine [1J - 25:6 Offlcer[B]- 1:18, 2:3, planner [1) - 6:2 interest [1]- 25:13 rnannertsi- 4:17, 

## N 4:22, 5:24, 12:9, planning [1] - 7:12 interesting [1]- 14:10 11:2, 16:19 13:6,19:9,19:14 pleasure [1] - 24 :6 intermediate[6]- MARKED/ADMITTED one [14J - 10:16, point [4 ]

- 4 :2, 12:3, 8:19,9:16,9:25, [1)- 3:8 N-4068 [1) - 2:11 10:18,12:4,14 :10, 12:6,20:3 10:5,15:1,21:24 I master's[1]-7:11 name [4J - 4 :7,5:25, 15:21,16:1,16 :6, pollutant [1) - 21:6 Internally [1]- 20:17 

# I Materials [1] - 10:11 6:25 ,7 :1 16:12 ,16:13,16:14, potential [1]

- 21 :4 interpreted [lJ- 9:11 math (2J - 14:12, 20 :2 nearly [1J - 7:6 16:23, 18:6, 18:14, pounds [3J - 9:9, 9:11 , involved (1J

- 25 :12 mathematical(lJ

- necessarily (2)

- 19:15 22 :16 issue(1)-19:19 21 :13 15:14 ,23:7 open (2)

- 11 :23, practical [lJ

- 23:19 issued [1] - 8:6 MATTER[1J -1:4 necessary 13) - 4:23, 11 :25 Practice [1]- 10:12 issues [1] - 6:15 matterjq- 1:17, 5:6 , 9:1,14:23 opening [1)- 5:14 practiced [1]- 14:14 IT[1]-1:16 25:13,25:14 need [2J - 13:15, 15:4 opportunity [1] - 4 : 18 practices [1)- 10:10 mean [4)- 16:12, needed [1]- 11:17 optional [1)- 5:15 Present nj

- 7:14

16:13,17:21,21:18 needs [1)- 13:15 orderru- 9:14 present [1) - 7:23


### KATHY TOWNSEND COURT REPORTERS 505-243-5018

### EIB HEARING, 4/5/10
4

substantially [1] -

13:18 succinct [1J

- 5:10 Suite [1]- 2:11 sulfur[ 1]- 9:9 summary [1J - 7:20 supervision [1] - 25:8 18:25,19:4, 19:7, 19:11,24:2,24:9, 24 :13 single [1] - 21 :6 sit [1J·17:15 situation [1] - 23:25 situations [4]- 16:7, SAMANIEGO [1 8] -

3:5,15:5 ,15:12, 17:20,17:24,18:12, 19:6,19:18, 1 9:25, 20:5, 20:8, 20:11, 20:16,20:24,21:9, 25:11 relatively[ 1]-11:10 relevant [1]- 4:17 relied [1 J

- 19:20 rememberj u -15:17 REMEMBERED [1]

-

1:16 

## Q

Quality [ 3J - 6:3, 7:4, 7:24 quality [1J - 4:6 quantities [1J - 9:19 quantity [2] - 9:2 , presentation [1J - 4:2 14:24 repetition (1) - 4:20 21 :11,21:21 ,22 :13 16:16,19:25,20:1 preserve [1J - 4:23 questioned [2J - 6:22, reported [3]- 9:13, Samaniego [4J - 3:16, Society[1]-10:10 Pretend [1]- 15:2 15:7 10:25, 11:1 6:3,6 :13, 19:4 sometimes [1J - 18:17 pretty[3]-14:9 , questions [9]- 6:10, Reporter [1]- 25:5 sample [1J - 9:19 sorry[2]-12:17,

14:10,18:18 6:12,13:7,13:9, reporting [2 J- 8:8, Santa [5] - 1 : 19, 2:6, 19:15 primary [2] - 21 :23, 13:11,14:17,18:23 , 11:8 2:1 1,4:10 sort[2]-17 :1 ,21 :12

22:3 19:16,24:4 representing 11J

- school [ 2] - 14:11 , source [3) - 9:20, Procedure [1] - 4:21 quick [1]- 14:18 24:3 15:17 17:15,21 :10 procedures [ 4] - 4:15, requirements [1] -

. scientific [ 2]- 15:14, sources [ 4] - 11 :4, 6:8, 10:9, 10:23 

## R 8:16 15:17 11:6,11: 12,13:24 PROCEEDINGS [1]

- resolve [1J- 22 :11 second [ 4]- 12:24, specialist [ 2] - 6:4, 1 :12 respectru- 2 1:1 1 2:25, 1 5:25, 16: 13 6:14 Proceedings [1]

- rain [1 ] - 20:20 resulted [1]

- 19:21 seem [1]-14:10 specific [2] - 9:2,

24:15 rare [1]-11:13 results [1]- 9:12 sense [1] - 21:2 14:24 proceedings [1]

- rates [1] - 8:8 Resume [2] - 3: 11, set [1]- 18:7 specifically [1] - 6:7

25:10 real [4]- 14:18, 15:11 , 3:16 seven [1] - 22:20 Specifically [1]- 9:4 process [2] - 4:24, 20:10,23:18 retained [8] - 10:2, several [1]- 20:6 specified [1] - 9:8

5:12 really [9]-16:17 ,17 :7, 10:5, 10:14, 10:17, shall [6]

- 4:14, 4:22, St [2J - 2:5, 2:11 proper jzj- 8:20 ,22:1 17:18,20:4,20:10, 10:19,2 1 : 16,21 :17, 5:12 ,10:5,16: 11, stack [1] - 22:20 properly [1]- 11 :6 20:24,21 :14,22:3 , 21 :20 16:22 stand [1) - 13:7 propose [ 2 J- 12:2, 23:6 rev iew [1 ] - 5:9 shorthand [1J - 25:6 Standard [1] - 10:11 reason [2] - 21:23, 13:22 22 :3 revision [ 2]

- 1 0 :23, show [1J- 18:25 standard [10] - 9:9, Proposed [2]- 3:12, reasonable [2)- 4:18, 22:9 side [1 J

- 6: 16 9:11 ,9:15,14:13,

3:17 revisions [ 9]

- 6:6, significance [1 ]

- 16:10,17:2,17 :6, PROPOSED [1]- 1:4 16:18 8:5,8:12 , 11 :3, 11 :5, 23:14 18:16,18:21,22:15 proposed [12J - 4:5, reasons [1] - 16:6 11:7,11:10,11:22, sign ificant [32]

- 6 :8, standards [13] - 4:6,

7:24,8:2,8:12, rebuttal [1]- 5:18 12:1 6:15,8:7,8:17 ,8:18, 8:10,8:15,8:18, 10:23, 11:3, 11 :5, received [1] - 11:24 ROBERT [2] - 3:5, 8:20 ,8:24,8:25,9:1 , 8:24, 9:5, 9:23, 11:1, 1 1 :7, 11:10, 11 :21, recitation [1] - 5:10 15:5 9:6 ,9:7,9:14,9:17, 11:9, 13:16, 13:17, 12:2, 12:10 recommend [1) - 14:7 Robert [4]- 3:16 ,6:3, 9:24 ,10:1 ,10:5, 14:1 ,16:8 proposes [3] - 9:3, recommends [2]

- 14:24, 15:4 10:7,11:14 ,14:19, standpoint [1 ] - 18:19

10:3,10:22 13:23,14:4 Room [ 2]-1 :19, 4:9 14:20, 14:23, 14:25 , start[4]-17:17, proposing [3 J- 8:5, record [13] - 4:8, 4:20, round [4] - 11 :6, 1 5:10, 15:22, 16:1, 17:22,20:11,21 :13 8:21,14:4 6:25, 12:16, 12:19, 14:13,17:11 ,22 :2 16:3,17:8,17 :19, state [10]

- 6 :25, 8:9, protect [1] - 4:24 12:23,18:25,19:2 , rounded [4] - 1 0:6, 22 :3,23:11,23:21 11 :1 , 11 :9,11 : 12, Protection [1] - 8:6 19:13,24:7,24:10, 10:20,10:25,21 :15 s ignificant-figure [1 ] - 13:20,13:25,20:23, provide [7] - 4:18, 24:13 ,25:9 Rounding [1 J- 20:6 11 :14 22:14

5:10,6:8,7:20,8 :12, recorded [2] - 9:21, rounding [10] - 6:9, sign ificantly [1]

- STATE [2]- 1 : 1, 25:1 8:15,11:17 25:6 8:19,10:9,13:15, 13:19 State [7] - 1 : 18, 4:9 , provided [2]- 7:13, reflects [1J - 8:1 13:19,13 :24,14 :3, similar[3]

- 13:18, 5:14,11 :23,23 :15,

10:1 regard [1] - 4:4 21 :7,22:1,23:3 14:10,17:1 23:21 , 23:23 provides [4] - 9:5, regarding [ 2] - 8:7, routinely [1]- 22:22 SIMMS [2]- 1 :18, 2:3 State'S[2]- 5:16,19:1 10:4,16:24 , 18:15 16:8 Rule [1J - 3:12 Simms [1] - 4:7 Statement [1]- 7:14 provision [2]- 9:10, regional [1J- 7:12 rule [2]- 11 : 14 , 22:9 simple[2]-15:13 , statement [1]- 5:15

12:5 regulated [6] - 8:15, rulemaking (3]- 4:13, 16:9 states [5] - 8:23,9 :16, Provisions [ 2J - 1 :5, 16:17,16:25,17:13 , 4:15,5:1 1 simply [4]

- 18:15, 10:8, 14:2 , 1 4:7 8:1 19:22, 19:24 rules [1]- 20:18 21 :25 ,22:19,23:12 statewide [ 2J- 4:6, public [3] - 11 :22, regulation [3] - 9:8, Rules [1] - 4:21 Sims [3] - 4:1, 5:25, 11:5

11:24,24:3 11 : 18, 22:14 run [1]- 16:16 12:15 STEPHEN [1] - 2:7 Public [1] - 3:15 regulations [2]

- 12:2, Runnels (1 )

- 2:6 SIMS [18] - 4:3, 5:3, still [2]- 18:10, 23:21 put [1]- 15:11 16:20 5:8 ,5:23,12 :12, strong [1]- 20:3 relating (1] - 5:11 

## 5 12: 17, 12:20, 12:24, submitted ( 3 )- 4:13, relative 12] - 17:15, 13:1 ,13:4,13:9, 5:5,5:9



### KATHY TOWNSEND COURT REPORTERS 505 -243 -5018sworn [5] - 6:11, 6:18, 6:19,6:21,15:6 system [1]- 17:19 

## T

taught (11 - 14:11 Tech [11

- 7:12 technical [1]- 12:4 Technical [1]- 7:15 techniques [lJ- 13:19 ten [3] - 15:19, 15:24,

18:2 tens [lJ- 21:2 terms [6] - 14:6,

15:11,16:5,16:21, 17:14, 18:8 Test[lJ

- 3:14 testified [2] - 6:22,

15:7 testify [I)

- 24:5 testimony [9J - 5:5,

5:9,5 :13,5:18,7:13 , 7:18,7:21,19:5, 19:8 Testimonyjzj- 3:10,

7:15 Testing [1]- 10:11 tests [1] - 9:21 Texas [lJ- 7:11 THE[3J-1 :4,13:13,

15:9 thinking [2] - 17:24,

20:14 third [1] - 18:2 thousands [2J - 21:1,

21:2 three [llJ - 8:25,9:7,

9:24,10:7,16:23, 18:1,21 :23,22:2, 23:11,23:14,23:21 Title [I]

- 4:5 TO (11 -1:5 today [7J

- 5:1, 5:4,

5:12,5:19,7:18, 13:22, 14:4 today's [2] - 4:7, 19:5 Today's [1] - 4:10 tons [5]- 17:23, 20:7,

20:12,21 :2, 21:3 Trail [lJ- 1 :19 transcribed [1 1

- 25:7 TRANSCRIPT (1)

-

1 :12 true tsj- 5:1, 7:15,

25:8 truth [1]- 19:18 trying [4] - 19:15,

20:9,23:7,23:8 turn (1) - 4: 1 two [15J - 8:24, 9:6,

9:13,9:24,10:7, 15:21,15:22,16:1, 16:5,17:8,17:18, 21:15,23:11,23:15 

# u

U.S [2J

- 3:13,8:6 unambiguous [1] -

8:16 under pj - 5:13,6:21,

7:18,10:10, 12:5, 15:6,25:7 undersigned [lJ25:4 unfair[l]- 17:5 unfortunately [I] -

16:6 unit II) - 10:18 units 12] - 9:22, 9:25 University[1 ]-7:11 Unless ltl - 20:17 unnecessary [2J

-

4:20, 11:19 unopposed [1]- 5:1 up [5J - 14:13, 17:6,

18:14,20:6,21 :15 upward [1]- 10:20 urban [1)- 7:12 

# I useful [2) -16:4,16 :5 

## V

value [4J - 8:20, 9:2,

14:24, 16:21 variables [1]- 9:19 verify [I] - 4:25 versus [2] - 21 : 15,

23:11 VIGIL [I]

- 2:7 violation [1)- 16:13 Virginia 11)- 7:12 

# w

week [ 2] - 20:17, 22:21 wltness[2]-13 :7,

13:10
w Itnesses [51

- 5:16,

5:18,6:11,6:17, 24:4 Witnesses [1]

- 6:19 world [3] - 15:11,

17:21,20:10 write [I] - 15:24 

### EIB HEARING, 

### 4/5/10

Written [lJ- 3:10 written [4] - 5:5, 5:9,

7:13,16:20 

## y

years [lJ- 7:7 

# z

zero[2J-10:17,16:2 zeros [lJ- 10:19 

## 5

KATHY TOWNSEND COURT REPORTERS 505-243-5018