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 behalf ofthe 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 of New 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

IPhone # I(505) 476-4319 IFAX I(505) 476-4375

Renumber D Repeal D Emergency

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

1

IChapter [part

New

15. Type of Rule Action

10. NMAC Name

Title IChapter IPart

Environmental Protection lAir Quality IGeneral 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 list attachments 1. - -- and Internetsite(s) if

applicable 2

3.

115 Ifmaterials are attached, has copyright permission been received?

NoD -r. Public domainD

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

Title: Chair

Name: Gregory Green Check ifdelegated

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 off procedures 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 of emission 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 off procedures 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 if it 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 of any 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: If any provision or application of any 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 of any Air Quality Control Regulation (AQCR) shall not

effect any administrative or judicial enforcement action pending on the effective date of any Part under Chapter 2 of

Title 20, nor the validity of any 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

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8

9

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17

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19

20

21

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40

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50

51

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54

55

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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: If a 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 is justified; 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 of confidentiality.

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 of emissions" means information necessary to determine the identity,

2 amount, frequency, concentration, or other characteristics (to the extent related to air quality) of any 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 of a 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 of confidentiality 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) Of data concerning the nature and amount of emissions 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 of confidentiality 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 of any denial of

6 a request for confidential treatment of business information or documents. The Secretary shall be responsible for

7 conducting reviews of denials 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 off procedures 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 of 3
3. Summary and Estimated Duration of Testimony

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 of Recommended Modifications to the Proposed Regulatory Change

The Division recommends amendment of 20.2.1 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 of Gail Cooke

Resume ofGail Cooke

Proposed Rule Changes to 20.2.1 NMAC

U.S. Environmental Protection Agency: Performance Test Calculation

Guidelines

Notices of Public Meeting and Hearing

Resume ofRobert Samaniego

7. Reservation of Rights

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 of 3
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 of These 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 of variables and sample

quantities determined by continuous emissions monitors or during source performance tests are

recorded in metric or English units or a combination of both. 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 of Final Emission Values

The EPA guidance states that when rounding off a 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 if it 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 of emissions for both federal and

state standards.

IV. OUTREACH

Outreach was conducted for the proposed revisions to Part I in the form of public 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 and Regional Planning, Concentration: Environmental Planning, Virginia

Tech, Blacksburg, Virginia, 1998

Major Project: The Implementation ofVirginia Erosion and Sediment Control Laws and

Regulations.

Bachelor ofEnvironmental Design, Texas A&M University, College Station, Texas, 1995

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

WORK HISTORY

State ofNew 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 of emission

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.

RELEVANT 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 of open houses to educate the public on potential health and environmental risks

resulting from air pollution. Presented technical information on air quality issues to the general

public; local, state and federal employees; and industry representatives.

Grant Writing, Budget Development, and Project Management

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

have been award all seven grants. Have acted as project manager for three ofthe seven awarded

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

budgetary and contractual related activities.

Plan and Regulation 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 of Farmington, 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 of open 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

of emission inventory; adoption of plan; 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 ofTransportation Plans, Programs and Projects. The revisions to 20.2.99

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

Conformity ofFederal 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 of 20.2.7 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 of this 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 of any 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: If any provision or application of any 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 of any Air Quality Control Regulation (AQCR) shall not

effect any administrative or judicial enforcement action pending on the effective date of any Part under Chapter 2 of

Title 20, nor the validity of any 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 of Title 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: If a 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 of the 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 is justified; 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 of confidentiality.

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 of emissions" means information necessary to determine the identity,

2 amount, frequency, concentration, or other characteristics (to the extent related to air quality) of any 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 of a 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 of confidentiality 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) Of data concerning the nature and amount of emissions 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) If the 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 of confidentiality 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 of any denial of

6 a request for confidential treatment ofbusiness information or documents. The Secretary shall be responsible for

7 conducting reviews of denials 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 off procedures 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 if it 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 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; 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 103 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 5
NEW MEXICO

ENVIRONMENTAL

IMPROVEMENT BOARD

NOTICE OFRULEMAKING

HEARING

The New Mexico Environmenlal

Improvement Board ('Board') will

holda 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 ityControl 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 thepublic hearing

is to consider and take possible aclion on a petilion Irom NMEO

regarding proposed revisions to

202 1NMAC

• General Provisions

to compiy with guidance Issued by theU.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 theNMED Air'

Quality Bureau Office. 1301 Siter

Rd, BUilding B. santa Fe, New

Mexico 87507, from 12:oop.m.. 4:00p.m onFebruary 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

Allinterested 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 ofIntent

todoso.Thenotice ofInlent shall:

(1) Identify the person for whom

theVlilness(es) wllliestlfy; (2)identify each technical witness

thattheperson intends topresent and. state lhe qualifications 01 the

wilness, includinga description of

their education and VlOrl{ bacxground;

(3)summartze orincludeacopy of

thedirect testimony of each lech·

nlcal witness andstate theantici·

paled duration ot thelestlmonv at

thatwitness;

(4) Iisl and describe, or allach,

each exhlbil anticipated to be 01·

fered by that person at the hearing;and

(5) allach thetext 01 any recom· mended modilicatlons to theproposed new and revised regUla- tions .

Notices of intent lor the hearing ,I

must be received In theOffice 01

the Board not later than 5:00 pmI

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. NM87502

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, solong as Ihe

exhlbilisnotunduly repefifious 01

thelesllmony. A member of the general public

who wishes 10 submita wrillen

statement forIherecord, in lieu of

providing oral lestimony at the

hearing, shall filethewritten slatemenl prtor 10 thehearing, or submitit al thehearing.

Persons havinga disability and

needing help Inbeinga part 01 this

heanng process should contacl

Judy Benffey byMarch 19, 2010 at

the NMED. Personnel .ssrvlces

Bureau, P.O. Box26110, 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 makea 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 LAMEJORA

DEL MEDIO AMBIENTE DENUEVO MEXICO

NOTIFICACION DE AUDIENCIA

DEREGLAMENTACION

EIConsejo para la Mejora defMe·

dloAmblente deNuevo Mexico (el

"Consejo') lIevaraa cabo una au· diencia publica ef 5 de abril de

2010, a las10:00 a.m., enlaSala

317, en la Capllal del Estado en Santa Fe. Nuevo Mexico. EIob]etivo es considerar el asunto de

EIB09·14 (A).lasrevisiones propuestas a lasAegulaciones sobre

el Control de la Calidad del Alre

20.2.1 del Codigo Adminlslratlvo

de Nuevo Mexico (NMAC) (Disposiciones Generales)

EIdefensor deesta adopclon nor- mativa y revision es el Departamenlo del' Media Ambiente de

Nuevo Mexico (el"NMED')

, EIobJelivo dela audiencla publica' esconslderar y tomar posibies ac- clones en unapetlclon delNMEO

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, encuanto af usa de cifras slgnificalivas para calcularyreportar Indicesds emlsiones y coneentraclones cuando se de·

termina ei cumpllmiento can las normas estatales y federales so· breemlsiones. EINMED lIevara a cabo unacasa ablerta informativa

sabre lasrevlsiones 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 las12:00 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 SlierRoad, 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 deeon- 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 yargumentos 1m:

portantes, ya seaenforma verbal

a parescrito, asicomo depresentar anexos e inlerrogar tesllgos

Las personas que dsseen eotregar lestlmonlos tecnlcos deben

presentar ante elConsejo unano- tilicaclon parescrlto desuintenei·

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 unadescripcion de sus antecedentes de educacion y Irabajo;

(3)resurnlr0 incluir unacopia del

leslimonio direclo decada testlgo tecnico y declarar laduraclon prevlsta del testimonio de ese

tesligo;

(4)enumerary descrlbir,a adluntar, cada unode los anexos que

dlcha persona preve ofracer enla

audlencia;y (5) adjuntar el texto de cualqular modlflcaclon recomendada a ias

regulaciones propuestas nuevasy revsaoas .

I Las notlficaciones de Intencion

para la audlencia deben ser reei·

bldas enla Ollclna del conse/'oa mas tardar a las5:00 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 engen·

eral que deseen presentar una declaraclon por escrito para el reglslro, en vez de olrecer tesnI

monlo verbal enla audiencia, pre- semaran ladeclaraclon porescrito

antes de ta audlencia, a la pre·

senfaran enla mlsma.

Laspersonas candiscapacidady ft10117.~1. que necesllen ayuda para sel A ,&'V "l;

parte de esleproceso de la aUdio, Jt,

encia deberan conlactara Judy ((oj Bentley antes del19demarzo' dE 0.0:

2010, en el NMED. Agenciad

Servlcios Parsonales. 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~asa I~ conclusion .(:9'91:r;'t de la audlencla, 0 bien acordar t-

. unareunion para una lecha posterior a lin de considerar las ac·

9.iones sobre lapropuesta
New Mexico Commission of Public Records

Administrative Law Division

1205 Camino Carlos Rey

Santa Fe, NM 87507

505-476-7907

Affidavit of Publication in the New Mexico Register

I, 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 of Rulemaking

(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 of the 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 of the 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 of regular 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 ofstudy included electives in environmental engineering.

Employment:

New Mexico Environment Department

Environmental Scientist & Specialist-A

Santa Fe, NM

1996 to present

• Stationary source inspector of complex 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 of chemical analytical

techniques to verify proper methods have been utilized to target specific pollutants.

Special projects include training classes to staff and public presentations at US EPA Air

Inspector Workshops, technical analysis and guidance for complex enforcement cases

and regulatory development.

Nizhoni Institute

Director Academy of Ecology 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 of complex problems

to illustrate practical applications of applied 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 ofsurface 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 of Federal 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 of chemical 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:

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TRANSCRIPT OF PROCEEDINGS 11

2. Resume of Gail Cooke

3. proposed Rule changes to 20.2.1 NMAC

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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.

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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

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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

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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

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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

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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,

19 which I doubt that there will be any today.

20 So, Mr. chairman, with 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, Air 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

11 design from Texas A&M university and a master's of

12 urban and regional planning from virginia Tech.

13 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

21 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

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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 issued 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 with 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 11 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 testified 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

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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

19 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

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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

11 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.

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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 will 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

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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?

11 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

19 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

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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

11 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

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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 13 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 19 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

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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.

11 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

19 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 --

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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.

11 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

16 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 ,

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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 .

11 number before you are forced out. 11 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, th is 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

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EIB HEARING, 4/5/10

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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.

10 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

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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

11 to use two significant digits versus three significant

12 digits, it simply meant a difference in the number of

13 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.

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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 revision , 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 11 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

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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 Expiration: 12/31/10

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KATHY TOWNSEND COURT REPORTERS

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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,

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1--- - - - - --1 company's (1)- 23:16

compliance [14) - 6:4,

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complication [1) -

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comply [2J - 13:24,

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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,

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approach (1J - 12:11

appropriate (3J -

12:21,19:12,24:9

Aprll (3)-1 :17,4:10,

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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 11J - 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 [2J- 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 [2J- 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 [lJ- 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 [31- 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 [lJ- 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 [lJ- 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

hourrsj- 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 (21- 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, 19:25,

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

rememberju -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 [2J- 8:8, Santa [5] - 1:19, 2:6, 19:15

primary [2] - 21:23, 13:11,14:17,18:23, 11:8 2:11,4:10 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- 21:1 12:25, 15:25, 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, 10:19,21:16,21 :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 [2J- 12:2, 23:6 review [1 ] - 5:9 shorthand [1J - 25:6 Standard [1] - 10:11 reason [2] - 21:23, 13:22

22:3

revision [2] - 10:23, 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, significant [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,

11:7, 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 [3J- 8:5, record [13] - 4:8, 4:20, round [4] - 11:6, 15:10, 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] - 10:6, 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 significant-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, significantly [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, 14:7

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

505-243-5018
sworn [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 [11- 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

underpj - 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

wItnesses [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