# CITY OF ALBUQ!JERQ!JE

ENVIRONMENTAL HEALTH DEPARTMENT

Martin 

## J. ChavCl, Mayor



### January 

### 16, 2009



## tvlr. R..ichard E. Grecne, Regional AdnUlllstratot, EPA, RcglOll Vl 1445 Ross Avenue, Suite 1200 

### Dallas, TX 75202-2733

SUBJECT: Request for updated delegation of Federal NSPS and NESI-L\P standards 

### via amendments to 

### 20.11.63 NJ\1AC, New 

### JO/lru Pe1ol7lJaJlce Stam/ords 

### jor Sla/ionary 

### Sources 

### and 20.11.64 NMAC, Emissiof! Standards for /-Iazardoll,f Air Pollutanls for Statiollary SOllrCCJ

PO box 1293 

### Dear Mr. Greene,

Albuquerqut'

NMH"II03

www.(alXj.gov 

### I respectfully request that EPA update our deleganon of applicable reqmrements of 40 

### eFR Parts 

### 60, 61, and 

### 63, pursuant to Sections 

### 111 and 

### 112 of the federal Clean 

### Air Act, 

### as amended. Tbe Albuquerque-Bernalillo Coullty Air Quality Control Board (Au Board) adopted amendments to 

### 20.11.63 NMAC, 

### New Source Petjormance Standards jor S/atu)flary Sources and 20.11.64 

### NTvfAC, 

### EmiJSiol! S/andardsjor Hazardous Air Poillf/all/s for Statzona')' Sources, to 

### incorporate delegated federal emissions standards through August 1, 2008, after a public heanng held on January 14, 2009. The amended regulations were subsequently filed with the New rvlexico State Records Center, and become effective February 16, 2009.

The requested delegation 

### will encompass applicable rcquirements through August 1, 2008. 40 eFR 63.91 (a) requites that a State must satisfy tile 

### eli/rna jOr appn)/}al of 40 CFR 63.91(d) in order to 

### receive delegation of the 40 eFR Part 63 standards. Once a State has satisfied the 

### Cn/major appnJlJo/, It need only reference the demonstration and reaffirm tlIat it meets the criteria in future submittals. The Albuquerque Air Quality DIVIsion (AQD) believes rnat it has previously satisfied the 

### Cn'tma jor approval rebting to 

### delegation of the Section 112 ruJes and the AQD reaffirms that it 

### will continue to 

### carry out those requirements. In addition, 40 eFR 63.91 (d)(3) states that Interim or Final Title V 

### program approval \vill satisfy the criteria set forth in 40 CFR 63.91 (d). up f.ront approval critcria. This lettcr also serves to 

### reaffirm that the AQD as the agent for the Air Board, currently has an approved Title V 

### program and the AQD will continue to meer the criteria for program approval under Title 

### V.

### -2-**~-\** 

### an a tachm 'n{ 

### ro 

### this Jerrer' a c mpr 

### h n i, 

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## 1-

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## I I I . 

### NMAC TRANSMITTAL FORM 1.24.10 NMAC**Albuquerque~Bernalillo** County Air Quality Control Board

c/o Environmental Health Department, Air Quality Division P.O. Box 1293, One Civic Plaza NW Albuquerque NM 87103

Name Neal Butt I Ph # I (505) 768- one 2660 I FAX 1505-768-2617 E-mail Nbutt@cabg.gov

Emergency Repeal 

# D D

2 1. Renumber
1....:....7_, --'-"--"""-.=;...._"'-'--'- 11

## .8.~Efl:ective.:date: 12/16/09

Please list attachments and Internet site(s) if applicable Amendment

No X Yes New 

# 0 1..=5;.:..',

## ..;:::Ji""¥,,,,~:..;:~c...:bfi:.:.' • .::iR;;:,:,(J::.;,I.::;ei::..A:.,:Ct;,;:;I-=Q.I'l::.,:' _....;:;,.

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# o

':1.7 -5.!9nahireJ&7ritle gfI-ssufng Authorjty.(;gefegateil,authoritymust1(!e,qnfilej**~.** ,**'c.~,** '"

Name:

Title: Mr. Mike Minturn

Board Chjlir 

# \Q Check if delegated authority 

# c:.!J

# IDt~ll~.tThis is all amendment 10 20.11.63 NMAC. Seclions I. 2. & II. effective 2/16/09. These :lnlendments are being made in furtherance of our e((ort to updatE' delegatjoll by EPA of 40 CFR Part 60 10 the AlbuquerqueBerllulillo**Count~** Air Quality Coutrol Board.
20.11.63.1 ISSUING**AGE~CY:** Albuquerque+Bcmalillo Count) Air QuaillY Control Board. ClO Environmental Health Depanment. 

### P.O. Bo]( 1193. Albuquerque. ew MexIco 87103. Telephone: (505) [168-**~]** 768·1601. 

### [I I _000: 20.11.63.1 

### NMAC

- 

### Rn. 10 

### !M.A,C 11.63.1. 10 1'01: 

### A. I 1'05: 

### A. 2 16109]
20.11.63.2 SCOPE: 20.11.63 NMAC is applicable to all stalionary sources of air pollutants located within Bernalillo county. which are subject 10 the requirements of 40 

### CFR Pan 

### 60. as amended in the Federal Register through (Oeleeer "8. 2QQ{i] August 1.2008

.
• <\.. Exempl: :W.Il.63 m1..J\c does nOI apply 10 sources withm Bernalillo counly that are located on Indian lands over which the Albuquerque-Bernalillo count) air qua!lIY control board lacks jurisdiction. B. Exclusions: (I) 40 CFR 60. Subpan AA"'-... Standards of Performance for New Residential Wood Heaters. (2) Reserved. C. Variances: The yariance provisions of 20.11.7 

### NM.A..c. Variance Procedure. Revised Ordinances of Albuquerque 1994 Section 9-5-1-8. Bernalillo County Ordinance 94-5. Secuon 8. and NMSA 1978 Section 74-2- 8 shall not apply 10 20.11.63 NMAC or the incorporated federal standards. [1 1 '2000: 20.11.63.2 NMAC

- Rn. 20 NMAC 11.63.1. 10'1/02: A. I 1/05; A. 1 1106: A. I 15i07: A.::! 16i09]
20.11.63.11 lNCORPORA**TIO~** OF FEDERU STANDARDS: E"cept as otherwise provided in 10.11.63 NMAC. the ew Source Perfonnance Standards promulgated by the UlIlted States environmental protection agency, and codified al40 CFR Pan 60. including Subpan A·General Provisions thereto. as amended in the Federal Regisrer through [OslOser 28. 200f:i] Au£!:ust 1.2008. arc hereby incorporated IOto 10.11.63 NMAC. [I 112000: 20.11.63.11 

### NM.

..... C - Rn. 20 NMAC 11.63.11. 10/1/01: A. 1/1/05: A. 1/15/07: A. 2/16/09]

10.11.63 IMAC

## NMAC TRANSMITIAL FORM 12410 NMAC [Sequence #

1.. lssLiing Age!'lCV 2. -AgenCV'Code rOFA1 

# ,', Albuquerque-Bernalillo County Air Quality Control Board
3. Agency 'Address

- •

. c/o Environmental Health Department, Air Quality Division P.O. Box 1293, One Civic Plaza NW Albuquerque NM 87103 4. ,ContaetiRer,so'n Name Neal Butt 

# I Ph # 

# I (505) 768- one 2660 

# I FAX 1505-768-2617 E-mail Nbutt@cabq.gov 

# o Emergency Repeal 

# D

Emission Standards For Hazardous Air Pollutants For Stationa Sources Albuquerque-Bernalillo County Air uali Control Board , Chapter New 

# 0 Amendment 

# W I 1,6.'TiOtal

## nUn'ib~r of ;pages: 

# Q l_il_· I' -,8 •

## ..Effe~ive**d~te:** 12/16/09



### n

.. Amendm'ent1Desoription

.

### ~h, <';

-- 

### .- iiI:.7 ,12 Amendment's NMAC 1 Citation

Amended four sections (to update delegation by EPA) 20.11.64 NMAC Sections 

### I, 2, 11 & 12**'~14 IA~e** **fhe~e;-any,'mater'ials incorporateClI:,ff;.a:ef~r.-ence~1**  

### ':I' -If'

.... rr;**",,_'~-lO'** ,.' 

## iJ:, ,£:c_'i-}

- Reference / Internet site No X Yes Please list attachments and Internet site(s) if applicable 1. 2 

# /:1s

Public domain 

# D**~6** .Legal**citation(~)** tbat:allows the Issuing Agem;yto**r~ulate** and the Issuing A uthodtyto promulgate

re ulatio.ns on tbissub'ect rovide:all that 

### a I . New Mexico Air Quality Control Act, NMSA 1978 Section 74-2-4, 74-2-S.C, the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance Revised Ordinances of Albu uer ue 1994 Section 9-5-1-4.

17 Si9-nature & Title'oflssuinJ} AufhoFity'(lJelegated authority**must'lJ~-on** file} ,i
Name: Mr. Mike Minturn

Title:**Bo~.r:.d Ch~ir**  

### .r--=-

# I~A~f~\ SiclOature \ Check if delegated authority 

## [:!]

I 

# ULf!01
Date SignedThis is an amendment to 20.11.64 NMAC, Sections 1. 2. 11 & 12. effective 2/16/09. These am£"lldmellls ar£" being made ill furtherance of our effort to updatl' delegation by EPA of 40 CFR Part 61 and 40 CFR Part 63 to tli£"**Albuquerque~Bernalil1o Coun~'**  Air Qualit)· Control Board.
20.11.64.1 ISSUING AGENCY: Albuquerque-Bernalillo County Air Quality Control Board. c/o Environmental Health Department. p.o. Box 1293. Albuquerque. New Mexico 87103. Telephone: (505) 

### [-16S-**~]** 768-2601. [1/1/2000: 20.11.64.11\'MAC

- Rn, 20 NMAC 11.64.1. 10/1/02: A. 1/1105: A 2116/09]
20.1 ].64.2 SCOPE: 20.11.64 NMAC is applicable to all stationary sources of air pollutants located within Bernalillo county. which are subject to any requirements of40 CFR Part 61 or Part 63. as amended in the 

### Fedem! Register through [Oelober 18. '006] August \, 2008. A. Exempt: 20.] 1.64 NMAC does not apply to sources within Bernalillo county, that are located on Indian lands over which the Albuquerque-Bernalillo county air quality control board lacks jurisdiction. 

### B. Exclusions: (1) 40 eFR 61, Subpart 

### B. National Emission Standards for Radon Emissions From Underground Uranium Mines: (2) 40 CFR 61. Subpart H, National Emission Standards for Emissions of Radionuclides Other Than Radon From Department of Energy Facilities: (3) 40 eFR 61, Subpart I, National Emission Standards for Radionuclide Emissions From Federal facilities Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart H: (4) 40 eFR 61. Subpart K, National Emission Standards for Radiolluclide Emissions From Elemental Phosphorus Plants; (5) 40 eFR 61. Subpart 

### Q. National Emission Standards for Radon Emissions From Department of Energy Facilities; (6) 40 CFR 61, Subpart R, National Emission Standards for Radon Emissions From PhosphogypSUlll Stacks: (7) 40 CFR 61. Subpart T, National Emission Standards for Radon Emissions From the Disposal of Uranium Mit! Tailings: and (8) 40 eFR 61, Subpart W. National Emission Standards for Radon Emissions From Operating Mill Tailings. C. Variances: The variance provisions of20.11.07 NMAC. Variance Procedure, Revised Ordinances of Albuquerque 1994 Section 9-5-1-8, Bernalillo County Ordinance 94-5, Section 8 and NMSA 1978 Section**74-2~8** shall not apply to 20.11.64 NMAC or the incorporated federal standards. [1/1/2000: 20.11.64.2 NMAC

- Rn. 20 NMAC 11.64.2. 101\/02; A, 111105, A, 1/15/07: A, 2/16/09]
20.11.64.11 lNCORPORATION OF FEDERAL STANDARDS CODlFLED AT 40 CFR PART 61: Except as otherwise provided, the National Emission Standards for Hazardous Air Pollutants, promulgated by the United States environmental protection agency, and codified at40 CFR Part 

### 61, including**Subpart~A.** General Provisions thereto, as amended 

### in tbe 

### Federal Regis/a through [OctoBer 28. 2006] August 1.2008, are hereby incorporated into 20.11.64 NMAG [1/112000: 20.11.64.11 NMAC

- Rn, 20 NMAC 11.64.11, 10/1/02: A, Ill/OS; A. 1/15107; A. 2/16/09]

20.11.64.12 lNCORPORATiON OF FEDERAL STM'DARDS COnrF1ED AT 40 CFR PART 63: Except as otherwise provided. the National Emissions Standards for Hazardous Air Pollutants for Source Categories, promulgated by the United States environmental protection agency, and codified at 40 eFR Part 63, including Subpart-A. General Provisions thereto, as amended 

### in the 

### Federal Register through [OotoBer 28, 2006] August I, 2008, are hereby incorporated into 20.11.64 NMAC. [1/1/2000; 20.11.64.12 NMAC

- 

### Rn, 20 NMAC 11.64.12, 10/1/02; A, 111105: A, 1/15/07: A. 2/16109]

20.11.64 NMAC

### BEFORE THE ALBUQUERQUE-BERNALILLO COilllTYAIR QUALITY CONTROL BOARD 

# r"l flJ:"

....**~?** I" 

### 0' "': 

## ? 

## S' II

IN THE MATTER OFTHE PETITION TO AMEND 20.11.63 NMAC, 

### NEW SOURCE PERFORMANCE STANDARDS FOR STATIONARY SOURCES, AND 20.11.64 NMAC, 

### EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR STATIONARY SOURCES, At'lD REQUEST UPDATED DELEGATION OF AUTHORITY FROM EPA AQCB Petitioo No. 2008-4
Air Quality Division, Environmental Health Department, City of 

### Albuquerque, Petitioner

CITY OF ALBUQUERQUE'S NOTICE OF INTENT TO PRESENT TECHNICAL TESTIi"IONY

Pursuant to 20.11.82 NMAC. 

### RulewlIking Procedures

- Air Quality COl/lrol 

### Board, The City of Albuquerque Environmental Health Department, Air Quality Division ("the Division") hereby submits its Notice of Intent to present technical testimony in this proceeding.

1. 

### The person for whom the witness will 

### testif". City of Albuquerque Environmental Health Department. Air Quality Division


### 2. The 

### Dame and qualifications of each technical witness.
Neal T. Butt. Environmental Health Scientist, Control Strategies Section, Air Quality Division. M.S. Biology (Wildlife Biology), University of North Dakota: B.S. Biology (Zoology), University of cw Mexico; A.A.S. Criminal Justice, Central ew Mexico Community College; A.A.S. Environmental Protection Technology, C M; WERC Waste Management Certificate, U M CHNE. Employed by the City of Albuquerque's Environmental Health Department for 10+ years; the last seven of which have been in the Air Quality Division. Chief responsibility is the promulgation of air quality regulations for implementation within the County of Bernalillo.

Notice of Intent Page 1 of 4

### 3. Summary and Estimated Duration of Testimonv
Mr. Butt's written testimony is attached as AQD Exhibit # 

### 4. Mr. Butt will testify that
this revision to the New Mexico State Implementation Plan should be approved.
The AQD is petitioning the Board to amend 20.11.63 NMAC,**Ne~v** 

### Source Pe,jormance
Standards jar Stationary Sources 

### and 20.11.64 NMAC, Emission Standards jor Hazardous Air
Pollutants for Stationary Sources, 

### for the fol1owing reasons: The Environmental Health Department's Air Quality Division routinely updates
these regulations to incorporate federal requirements so that the Division can remain up to date

on new and modified standards developed at the federal level. In addition, it is proposed that the
EPA update its delegation of authority to the Department to locally administer and enforce the
standards referenced above, throughout Albuquerque and Bernalillo County. Local delegation
authorizes the Department to require local air pollution sources to comply with these standards.
It is anticipated that the hearing will take approximately I hour or less.

4. Text of Recommended Revisions to the New Mexico State Implementation Plan
The Division recommends the amendments to 20.11.63 & 

### 64 NMAC, as proposed in the Public Review Drafts for 20.11.63 NMAC and 20.11.64 NMAC as shown in 

### AQD Exhibit #1.

5. List and Description of Exhibits
The Division has attached the following exhibits to this Notice of Intent: •



### Exhibit Number AQD Exhibit I

AQD Exhibit 2 Title of Exhibit
Petition to amend 20.11.63 NMAC, New Source Performance Standards For Stationary Sources, 

### and 20.11.64 NMAC, Emission Standards For Hazardous Air Pollutants For Stationary Sources 

### (including PROs)
NSPS and NESHAPs promulgated by EPA from 10/28/06 through 811108.



### Notice of Intent Page 2 of 4

### AQD Exhibit 3

AQD Exhibit 4 AQD Exhibit 5 AQD Exhibit 6 Public Notice: Albuquerque Joumal, 

### 11/23/08 

### & 1217108, NM Register, 

### 12/15108 

### and Air Quality Listserve Announcement, 11119108

EPA Review

Direct Testimony and slides

Draft Agenda, Air Quality Control Board, January 14,2009



### 6. Reservation of Rights

This Notice of Intent 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 of intent or public comment filed in this mattcr or to any testimony or exhibit

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,

Isreal Tavarez Envirorunental Engineering Manager A.ir Quality Division Environmental Health Department City of Albuquerque 11850 Sunset Gardens Albuquerque, New Mex.ico 87121 (505) 768- J 

### 965

Notice of Intent Page 3 of 4 

### •

### CERTIFICATION



### 1 hereby certify that on December 22, 2008, an Oliginal and nine copies of this otice ofIntent to present technical testimony (NOT), with attached exhibits were delivered to the following person for filing.
Janice Amend Air Quality Control Board Liaison / Heating Clerk Environmental Health Department One Civic Plaza, W, Room 3023 Albuquerque, New Mexico 87103
And that on December 22,2008, a copy ofthis 01 

### with attached exhibits was sent to the Attomey for the Board, Bill Grantham, at the following e-mail address:
Bill. grantham@state.run. us

Isreal Tavarez Environmental Engineering Manager Air Quality Division

otice of Intent Page 4 of 4

### AQD Exhibit #1 Petition to Amend & Public Review Drafts 20.11.63 & 64 NMAC



### AQD Exhibit #2 NSPS & NESHAPs Promulgated by EPA 10/28/06 through 8/1/08

AQD Exhibit #3 Public Notice: Abq. Journal, NM Register, Listserve



### AQD Exhibit #4 EPA Review

AQD Exhibit #5 Direct Testimony & Slides

AQD Exhibit #6 AQCB Draft Agenda, January 14, 2009

# I**-~-r** 

### '·;;·G .\

....**_.~\** -**r"~~l** 

### ALBUQut:RQUE-BERNALILLO 

## coi:IN'ry',:F,,7;'L iI ,"Ll • 

### AIR QUALITY CONTROL BOAR\\o

### nn?~ 

# r, r' 

## 71

IN THE MATTER Of TIlE PETITION TO AMEND 20.11.63 NMAC, 

### NEW SOURCE PERFORMANCE STANDARDS FOR STATIONARY SOURCES, AND 20.11.64 NMAC, 

### EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR STATIONARY SOURCES, AND REQUEST UPDATED DELEGATION Of AUTHORITY fROM EPA 

### AQCB Petition No. 2008-4
Air Quality Division, Environmental Health Department, 

### City of 

### Albuquerque, Petitioner

Petition to amend 20. t 

### 1.63 NMAC, New Source PerformulI('e Standard

... For Stat;mtury Source!)', 

### and 20.11.64 NMAC,**Emis~'ion** 

### Standard.,> For Hazardou.\· Air Pollutants For Stationary Source.\", and request for updated delegation of authority 

### from EPA 

### and request for hearing
I. The Environmental Health Department of the 

### City of Albuquerque, 

### by and 

### through the Air Quality Division (AQD), asks the Albuquerque-Bernalillo County Air Quality Control Board (Board) to amend: 20.11.63 NMAC, 

### New Source Performance
Standards jar Stationary SOllrces by incorporating by reference new and modified New
Source Perfo.nnance Standards published through August 1,2008, at 40 CFR 60, 

### New
Source Performance Standards (NSPS); and to amend 20.11.64 NMAC, 

### Emission
Standards For Hazardolls Air Pollutants For Stationary Sources by incorporating by
reference new and modified standards published through August 1,2008, at 40 CFR 61,


### National Emission Standards For Hazardous Air Pollutants (NESHAP), and at 40 CFR 

### 63, National Emission Standards For Hazardous Air Pollutants By Source Category (NESHAP by Source Category); and to request updated delegation of authority from EPA

### to enforce these regulations. This Petition includes a request for a hearing on these

matters and permission to provide a court reporter and hearing oflicer for the hearing.
2. The New Mexico Air Quality Control Act (Air Act), NMSA 1978, Sections
74-2-4 and 74-2-5.B(I) [1967 as amended through 2007] authorizes and requires the
Board to adopt, amend. or replace air quality regulations and to adopt air quality plans (SIPs) under NMSA 1978, Section 74-2-5.8(2).
3. The AQD is petitioning the Board to amend 20.11.63 NMAC, New Source PelfomUlIlce Standards for Slatiollary Sources 

### and 20.11.64 NMAC, Emission Sialldards
For Hazardous Air Polllltallts For Stalio1/QfY Sources, 

### for the following reasons: The Environmental Health Department's Air Quality Division routinely updates
these regulations to incorporate federal requirements so that the Division can remain up

to date on new and modified standards developed at the federal level. In addition, it is proposed that the EPA update its delegation to the Department of authority to locally
administer and enforce the standards referenced above, throughout Albuquerque and
Bernalillo County. Local delegation authorizes the Department to require local air pollution sources to comply with these standards.

4. It 

### is anticipated that the hearing will take approximately I hour or less.
5. The proposed Public Review Drafts for 20.11.63 NMAC and 20.11.64 NMAC are attached as AQD Exhibits #1 & 

### #2 respectively.



## 2

### Respectfully submitted, 

# kd d )c;v.Wi Isreal Tavarez, Env't?cmmcntal Engineering Manager, Air Quality Division City of Albuquerque Environmental Health Department 11850 Sunset Gardens Albuquerque, New Mexico 87121 (505) 768-1965



### CERTIFICATION

I hereby eerti fy that a copy of this Petition to Amend 20.11.63 NMAC, 

### New Source Pe,jormance StandardsIor Stationcuy Sources, and 20.11.64 NMAC, 

### Emission Standards For Hazardous Air Pol/lltants For Stationmy Sources, and requesting updated delegation of authority from EPA and a request for hearing was delivert.'d to the following person on October 28, 2008.
Janice Amend Air Quality Control Board Liaison Environmental Health Department One Civic Plaza, NW, Room 3023 Albuquerque, New Mexico 87103



## 320.11.63.5 EFFECTIVE DATE: December 1, 1999, unless a later date is cited at the end of a section. [111/2000; 20.11.63.5 NMAC

- Rn, 20 NMAC 11.63.5 & A, 10/1/02] 20.11.63.4 DU RATION: Permanent. [1/1/2000; 20.11.63.4 NMAC

- Rn, 20 NMAC 11,63.4, 10/1/02]

20.11.63.10 DOCUMENTS: Documents incorporated and cited in 20.11.63 NMAC may be viewed at the Albuquerque environmental health department, 400 Marquette NW, Albuquerque, NM. [1/1/2000; 20.11.63.10 NMAC

- Rn, 20 NMAC 11.63.10, & A, 10/1/02; A, 1/1/05] 

# , ENVIRONMENTAL PROTECTION ALBUQUERQUE-BERNALILLO COUNTY 

### AIR QUALITY**C~T,IM),L»,.QA1W** NEW SOURCE PERFORMANCE STANDARDS FOR STATIONARY,

### sd~dES ;1; 

## 27

DEFINITIONS: [Reserved] 20.11.63.7 TITLE 20 CHAPTER 11 PART 63

20.11.63.6 OBJECTIVE: To adopt specified federal New Source Performance Standards (NSPS) codified at 40 CFR Part 60 as part of 20.1 1.63 NMAC. [1/1/2000; 20.11.63.6 NMAC

- Rn, 20 NMAC 11.63.6, 10/1/02; A, 111105] 20.11.63.1 ISSUING AGENCY: Albuquerque-Bernalillo County Air Quality Control Board, c/o Environmental Health Department, P.O. Box 1293, Albuquerque, New Mexico 87103. Telephone: (505) [+48- UOO]768-2601. (1/1/2000; 20.11.63.1 NMAC

- Rn, 20 NMAC 11.63.1, 1011102; A, 1/1/05]
20.11.63.2 SCOPE: 20.11.63 NMAC is applicable to all stationary sources of air pollutants located within Bernalillo county, which are subject to the requirements of 40 CFR Part 60, as amended in the Federal Register through [October 28, 2006] August I, 2008. A. Exempt: 20.11.63 NMAC does not apply to sources within Bernalillo county that are located on Indian lands over which the Albuquerque-Bernalillo county air quality control board lacks jurisdiction. 

### B. Exclusions: (I) 40 CFR 60, Subpart AAA, Standards of Performance for New Residential Wood Heaters. (2) Reserved. C. Variances: The variance provisions of 20.11.7 NMAC, Variance Procedure, Revised Ordinances of Albuquerque 1994 Section 9-5-1-8, Bernalillo County Ordinance 94-5, Section 8, and NMSA 1978 Section 74-2- 8 shall not apply to 20.11.63 NMAC or the incorporated federal standards. [111/2000; 20.11.63.2 NMAC

- Rn, 20 NMAC 11.63.2, 10/1/02; A, 111/05; A, 111/06; A, 1/15/07]



# . 20.11.63.3 STATUTORY AUTHORITY: 20.11.63 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Act, NMSA 1978 Sections 74-2-4 and 74-2-5; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Sections 3 and 4; and the Joint Air Quality Control Board Ordinance, Revised Ordinances of Albuquerque 1994 Sections 9-5-1-3 and 9-5-1-4. [1/1/2000; 20.11.63.3 NMAC

- Rn, 20 NMAC 11.63.3, 10/1/02; A, 1/1/05]

20.11.63.8 SAVINGS CLAUSE: Any amendment to 20.11.63 NMAC, New Source Performance Standards for Stationary Source that is filed with the state records center and archives shall not affect actions pending for violation of a city or county ordinance or the version of 20.11.63 NMAC, New Source Performance Standards For Stationary Sources, in effect prior to amendment. Prosecution for a violation under prior regulation wording shall be governed and prosecuted under the ordinance, part, or regulation section in effect at the time the violation was committed. [1/1/2000; 20.11.63.8 NMAC

- Rn, 20 NMAC 11.63.8, 10/1/02; A, 1/1/05]
20.11.63.9 SEVERABILITY: If any section, subsection, sentence, phrase, clause, or wording of20.11.63 NMAC or the federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of remaining portions of 20.11.63 NMAC. [1/1/2000; 20.11.63.9 NMAC

- Rn, 20 NMAC 11.63.9,1011/02; A, 1/1/05] I 

### 2 3 4 5 6 7 8 9 10 II 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

20.11.63 NMAC Public Review Draft, 10/28/081 2 20.11.63.11 INCORPORATION OF "'F:rn:RAt STANDARDS: Except as otherwise provided in 20.11.63 3 NMAC. the New Source Pcrfomlancc Standards prornul!,\3tcd by thc United Stales environmental protection agency, 4 and codified at 40 CFR Pan 60. including Subpart A-General Provisions thereto, as amended in the Fc(Jeral**Regi.~ter** 5 through**[O~18eer** 28. 2QQe] August 1,2008, arc hereby incorporated into 20.11.63 NMAC. 6 (1/112000: 20.11.63.1 J NMAC

- Rn. 20 NMAC 11.63.11. 10/1/02; A, 111105: A. 1/15/07] 7 8 20.11.63.12 MODIFICATIONS AND EXCEPTIONS: For purposes of administering and enforcing 9 20.11.63 NMAC, the following modification or exception is made 10 the federal standards that are incorporated in 10 20.11.63 NMAC. When the director of Albuquerque environmental health depanment is exercising the authority II delegated to the dirC1;:tor by the United States environmemal protection agency, the definition of "administrator" of 12 the Uniled States environmental protection agency that is included in 40 CFR 60.2, Definitions. shall be changed to 13 "dircrlor" of the Albuquerque environmental health d"'Panment. 14 [1/1/2000: 20.11.63.12 NMAC

- Rn, 20 NMAC 11,63.12, 10/1/02; A, 111/051 15 16 HISTORY OF 20,1 1.63 NMAC: 17 Pre-NMAC History: The material in this pan was derived frolllthat previously liled with the Commission of 18 Public Records-Slate Records Center and Archives. 19 Regulation No. 30, New Source Perfonnance Standards, 1/3/85; 20 Regulation No. 30, New Source Perfonnance Standards, 6/18/86; 21 Regulation No. 30, New Source Perfonnance Standards, 7/14/89; 22 Regulation No. 30, New Source Pcrfonnanee Standards, 1/14/92; 23 Regulation No. 30, New Source Perfonnance Standards, 4/22/93; 24 Regulation No. 30, Ncw Source Perfonnance Standards, 12/16/94, 

### 25 26 History of Repellied Material: 20 NMAC 11.63, New Source Perfomlance Standards for Stationary Sources, filed 27 08-30-95. 

### 2S 29 Olher History: Regulation No. 30, New Source Perlonllance Standards, filed 12/16/94, was renumbered and 30 reformatted into first version of the New Mexico Administrative Code as 20 NMAC 11.63, New Source 31 Perfonnance Standards for Stationary Sources, filed 08/30/95, 32 20 NMAC 11.63, New Source Perfonnance Standards for Stationary Sources, filed 08/30/95 was replaced by 20 33 NMAC 11.63, New Source Perfonnance Standards for Stationary Sources, liled 11/22/99. 34 20 NMAC 11.63, New Source Perfonnance Standards for Stationary Sources, filed 11/22/99 was renumbered, 35 re(ormatted, amended and replaced by 20.11.63 NMAC, New Source Performance Standards for Stationary 36 Sources. effeclivc 10/1102 

### 37

20.11.63 NMAC Public Review Draft, 10128/08 2TITLE 20 CIIAPTER II PART 64 ENVIRONMENTAL PROT.TTION ALBUQUERQUE-BERNALILLO COUNTY AIR QlJALITY CONTROL ROAHD EMISSION STANDARDS FOR HAZARI>OUS AIR POU,lJTANTS FOR STATIONARY SOURCES
20.11.64.1 ISSUING AGENCY: Albuquerque-Bernalillo County Air Quality Control Board, clo Environmental Health Departmcnt, P.O. Box 1293, Albuquerque. New Mexico 87103. Telephone: (505) 

## lug...**~J** 768-2601. [111/2000; 20.11.64.1 NMAC

- Rn, 20 NMAC 11.64.1. 10/1/02; A. 1/I/05J
20.11.64.2 SCOPE: 20.11.64 NMAC is applicable to all stationary sources of air pollutants located within Bernalillo county. which are subject to any requiremcntl; of 40 CFR Part 61 or Part 63. as amended in thc Fe(Jeral**Regi~·'er** through 

### [OelOber 28. 20011] August 1,2008. A, Exempt: 20.11.64 NMAC does not apply to l;ources within Bernalillo county, that arc located on Indian lands over which the Albuquerque-Bernalillo county air quality control board lacks jurisdiction. 

### R. Exrlusions: (I) 40 CFR 61, Subpart B, National Emission Standards for Radon Emissions From Underground Uranium Mines: (2) 40 CFR 61. Subpart H. National Emission Standards for Emissions of Radionuclides Other Than Radon From Department of Energy Facilities: (3) 40 CFR 61, Subpart 

### I. National Emission Standards for Rlldionuclide Emissions From Federal Facilities Other Than Nuclcar Regulatory Commission LieenSt..'Cs and Not Covered by Subpart 1-1; (4) 40 CFR 61. Subpart K. National Emission Standards for Radionuclidc Emissions From Elcmental Phosphorus Plants; (5) 40 CFR 61, Subpart Q. National Emission Standards for Radon Emissions From Department of Energy Facilities: (6) 40 CFR 61, Subpart R. National Emission Standards for Radon Emissions From Phosphogypsum Stacks: (7) 40 CFR 61. Subpart T. National Emission Standards for Radon Emissions From the Disposal of Uranium Mill Tailings; and (8) 40 CFR 61. Subpart W, National Emission Standards for Radon Emissions From Operating Mill Tailings. C. Variances: The variance provisions of 20.11.07 NMAC. Variance Procedure. Revised Ordinances of Albuquerque 1994 Section 9-5-1-8, Bernalillo County Ordinance 94-5. Section 8 and NMSA 1978 Section 74-2-8 shall not apply to 20.11.64 NMAC or the incorporated federal standards. [1/1/2000; 20.11.64.2 NMAC

- Rn, 20 NMAC 11.64.2. 10/\/02; A, 111105; A, 1115107J
20.11.64.3 STATUTORY AUTHORITY: 20.11.64 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Act. NMSA 1978 Sections 74-2-4 and 74-2-5; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94·5 Sections 3 and 4; and the Joint Air Quality Control Board Ordinance. Revised Ordinances of Albuquerque 1994 Sections 9-5-1-3 and 9-5-1-4. (11112000; 20.11.64.3 NMAC

- Rn, 20 NMAC 11.64.3, 10/1/02: 

### A. 1/II05J 20,11.64.4 DURA nON: Pennanent. {lIl/looO: 20.11.64.4 NMAC

- Rn. 20 NMAC 11.64.4, 1011l02J
20.11.64.5 EFFECTIVE DATE: DI."Ccmbcr I. 1999, unless a later date is cited at the end of a section. [111/2000: 20.11.64.5 NMAC

- Rn. 20 NMAC 11.64.5 & 

### A. 1011/02] 20,11.64.6 OBJECTIVE: To adop! specified federal National Emissions Standards for Hazardous Air Pollutants (NESHAP) and National Emissions Standards for Hazardous Air Pollutants for Source Categories codified at 40 CFR Parts 61 and 63 as part of 20.11.64 NMAC. [11112000: 20.11.64.6 NMAC

- Rn. 20 NMAC 11.64.6. 10/1/02: A. 1/1/05J 20,11.64.7 DEFlN ITiONS: [Reserved 

## J

20.11.64 NMAC Public Review Draft 10128/0820.11.64.8 SAVINGS CLAUSE: Any amendment to 20.11.64 NMAC, Emission Standards For Hazardous Air Pollutants For Stationary Sources that is filed with the state records center and archives shall not affect actions pending for violation of a city or county ordinance or the version of 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, in effect prior to amendment. Prosecution for a violation under prior regulation wording shall be governed and prosecuted under the ordinance, part, or regulation section in effect at the time the violation was committed. [1/1/2000; 20.11.64.8 NMAC

- Rn, 20 NMAC 11.64.8, 10/1/02; A, 1/1/051
20.11.64.9 SEVERABILITY: If any section, subsection, sentence, phrase, clause, or wording of 20.1 1.64 NMAC or the federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of remaining portions of 20.1 1.64 NMAC. [111/2000; 20. 11.64.9 NMAC

- Rn, 20 NMAC 11.64.9,10/1/02; A, 111/05]
20.11.64.10 DOCUMENTS: Documents incorporated and cited in 20.11.64 NMAC may be viewed at the Albuquerque environmental health department, 400 Marquette NW, Albuquerque, NM. [1/1/2000; 20.1 1.64.10 NMAC

- Rn, 20 NMAC 11.64.10, & A, 10/1/02; A, 1/1/05]
20.11.64.11 INCORPORATION OF FEDERAL STANDARDS CODIFIED AT 40 CFR PART 61: Except as otherwise provided, the National Emission Standards for Hazardous Air Pollutants, promulgated by the United States environmental protection agency, and codified at 40 CFR Part 61, including Subpart-A, General Provisions thereto, as amended in the Federal Register through [Oetober 28,2006] August 1,2008, are hereby incorporated into 20.11.64 NMAC. [1/1/2000; 20. 11.64.11 NMAC

- Rn, 20 NMAC 11.64.11, 10/1/02; A, li1/05; A, 1/15107]
20.11.64.12 INCORPORATION OF FEDERAL STANDARDS CODIFIED AT 40 CFR PART 63: Except as otherwise provided, the National Emissions Standards for Hazardous Air Pollutants for Source Categories, promulgated by the United States environmental protection agency, and codified at 40 CFR Part 63, including Subpart-A, General Provisions thereto, as amended in the Federal Register through [Oetober 28,2006] August I; 2008, are hereby incorporated into 20.11.64 NMAC. [1/1/2000; 20.11.64.12 NMAC -Rn, 20 NMAC 11.64.12, 1011/02; A, 1/1/05; A, 1/15/07]
20.11.64.13 MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) DETERMINATIONS FOR CONSTRUCTED AND RECONSTRUCTED MAJOR SOURCES OF HAZARDOUS AIR POLLUT ANTS: Any owner or operator that constructs or reconstructs a major source of hazardous air pollutants shall be required to perform a MACT determination, approved by the department, consistent with the provisions of 40 CFR 63, Sections 40 through 44. Any MACT emission limitations or requirements shall be incorporated into any permit issued pursuant to 20. I IAI NMAC, Authority-to-Construct, or 20.IIA2 NMAC, Operating Permits. [1/1/2000; 20.11.64.13 NMAC

- Rn, 20 NMAC 11.64.13, 10/1/02; A, 11I/05]
20.11.64.14 MODlFICA TlONS AND EXCEPTIONS: The following modifications or exceptions are made to the incorporated federal standards: A. For purposes 

### Of administering and enforcing 40 CFR 61, the following modification or exception is made to the federal standards that are incorporated in 40 CFR 61. When the director of the Albuquerque environmental health department is exercising the authority delegated to the director by the United States environmental protection agency, the definition of "administrator" of the United States environmental protection agency that is included in 40 CFR 6 1.02, Definitions, shall be changed to "director" of the Albuquerque environmental health department. B. For purposes of administering and enforcing 40 CFR 63, the following modification or exception is made to the federal standards that are incorporated in 40 CFR 63. When the director of the Albuquerque environmental health department is exercising the authority delegated to the director by the United States environmental protection agency, the definition of "administrator" of the United States environmental protection agency that is included in 40 CFR 63.2, Defmitions, shall be changed to "director" of the Albuquerque environmental health department. C. Pursuant to 40 CFR 63A2(b), the effective date for the incorporation of 40 CFR 63, Sections 40 through 44, shall be June 29, 1999. If the department does not have a program to adequately implement the provisions of Section 112(g) of the Clean Air Act, all case-by-case MACT determinations made by the department

20.11.64 NMAC Public Review Draft 10/28/08 

### 2shalt be submitted in writing to the EPA regional administrator for concurrence. All applicable MACT emission limitations and requirements shall be incorporated jnto all permils issued by thc department. [1/1/2000; 20.11.64.14 NMAC· Rn. 20 NMAC 11.64.14. 10/1/02; A, 1/I/05J
IIISTORY OF 20.1 1.64 NMAC: I're-NMAC History: The material in lhis part was derived from lhat previously filed with the Commission of Public Records· State Records Center and Archives. Regulation No.3 I, Emission Standards for Hazardous Air Pollutants. 1/3/85; Regulation No.3 I. Emission Standards for Hazardous Air Pollutants, 6/18/86; Regulation No. 31. Emission Standards for Hazardous Air Pollutants. 7/14/89; Regulation NO.3 I. Emission Standards for Hazardous Air Pollutants. 1/14/92; Regulation NO.3 I. Emission Standards for Ha;r..ardous Air Pollutants. 4/22/93; Regulation No. 31. Emission Standards lor Ha;r..ardous Air Pollutants. 12/16/94. History of Repealed Material: 20 NMAC 11.64, Emission Standards for Hazardous Air Pollutants for Stationary Sources, filed 08-30-95.
Other History: Regulalion No. 31, Emission Standards for Hazardous Air Pollutants. tiled 12/16/94. was renumbered and r('formatted into first version of the New Mexico Administralive Code as 20 NMAC 11.64. Emission Standards for Hazardous Air Pollutants for Stationary Sources. filed 08-30-95. 20 NMAC 11.64. Emission Standards for Hazardous Air Pollutants for Stationary Sources, filed 08-30-95 was r('placed by 20 NMAC 11.64. Emission Standards for Hazardous Air Pollutants for Stationary Sources. Ii led 11/22/99. 20 NMAC \1.64. Emission Standards for Hazardous Air Pollutanls for Stationary Sources. filed 11/22/99, renumbered. reformalled, amended and replaced by 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, effective \0/\/02.

20.11.64 NMAC Public Review Draft 10/28/08 3Rule NameCFRFederal Register Promulgated Effective1NESHAP: Oil and Natural Gas ProductionFacilities: Final Area Source Rule.40CFR63Subpart HHVol. 72, No. 1, pp. 26-431/3/2007 1/3/20072NESHAP for Area Sources: Polyvinyl Chloride andCopolymers Production, Primary Copper Smelting,Secondary Copper Smelting, and PrimaryNonferrous Metals-- Zinc, Cadmium, and BerylliumFinal Rule40CFR63SubpartsDDDDDD,EEEEEE,FFFFFF &GGGGGGVol. 72, No. 14, pp. 2930-2961 1/23/2007 1/23/20073NESHAP for Area Sources: Acrylic and ModacrylicFibers Production, Carbon Black Production,Chemical Manufacturing: Chromium Compounds,Flexible Polyurethane Foam Production andFabrication, Lead Acid Battery Manufacturing, andWood Preserving; Final Rule40CFR63Subpart LLLLLL,MMMMMM,NNNNNN,OOOOOO,PPPPPP &QQQQQQVol. 72, No 135, pp. 38864-38917 7/16/2007 7/16/20074NESHAP for Area Sources: Clay CeramicsManufacturing, Glass Manufacturing, andSecondary Nonferrous Metals Processing; FinalRule40CFR63SubpartRRRRRR,SSSSSS &TTTTTTVol. 72, No. 246, pp. 73179-73211 12/26/2007 12/26/20075NESHAP for Area Sources: Hospital EthyleneOxide Sterilizers; Final Rule40CFR63SubpartWWWWWVol. 72, No. 248, pp. 73611-73625 12/28/2007 12/28/20076NESHAP for Area Sources: Electric Arc FurnaceSteelmaking Facilities; Final Rule40CFR63Subpart YYYYYVol. 72, No. 248, pp. 74088-74116 12/28/2007 12/28/20077NESHAP Area Sources: Iron and Steel Foundries;Final Rule40CFR63Subpart ZZZZZVol. 73, No.1, pp. 226-2651/2/2008 1/2/20088NESHAP for Area Sources: Paint Stripping andMiscellaneous Surface Coating Operations ; FinalRule40CFR63SubpartHHHHHHVol. 73, No.6, pp. 1738-17681/9/2008 1/9/2008NSPS and NESHAPs Promulgated From October 29, 2006 Through August 1, 2008Rule NameCFRFederal Register Promulgated Effective9NESHAP for Area Sources: Gasoline DistributionBulk Terminals, Bulk Plants, and Pipeline Facilities;and Gasoline Dispensing Facilities; Final Rule40CFR63SubpartBBBBBB &CCCCCCVol. 73, No. 7, pp. 1916-1953 1/10/2008 1/10/200810Standards of Performance for Stationary SparkIgnition Internal Combustion Engines andNESHAPs for Reciprocating Internal CombustionEngines (RICE); Final Rule40CFR60Subpart JJJJ40CFR63Subpart ZZZZVol. 73, No. 13, pp. 3567-3614 1/18/2008 3/18/200811NESHAP for Iron and Steel Foundries40CFR63Subpart EEEEEVol. 73, No. 26, pp. 7210-7223 2/7/2008 2/7/200812NESHAP: Paint Stripping and MiscellaneousSurface Coating Operations At Area Sources;Correction40CFR63SubpartHHHHHHVol. 73, No.30, pp. 1738-1768 2/13/2008 2/13/200813NESHAP for Source Categories: GasolineDistribution Bulk Terminals, Bulk Plants, andPipeline Facilities; and Gasoline DispensingFacilities; Correction40CFR63SubpartBBBBBB &CCCCCCVol. 73, No. 46, pp. 12275-12276 3/7/2008 3/7/200814Amendments to NESHAP for Area Sources: Acrylicand Modacrylic Fibers Production, Carbon BlackProduction, Chemical Manufacturing: ChromiumCompounds, Flexible Polyurethane FoamProduction and Fabrication, Lead Acid BatteryManufacturing, and Wood Preserving; Direct FinalRule40CFR63Subpart LLLLLL,MMMMMM,NNNNNN,OOOOOO,PPPPPP &QQQQQQVol. 73, No 59 pp. 15923-15930 3/26/2008 6/24/200815National Perchloroethylene Air Emission Standardsfor Dry Cleaning Facilities40CFR 63Subpart M Vol. 73, No. 63, pp. 17252-17257 4/1/2008 7/15/200816NESHAPs: Standards for Hazardous WasteCombustors40CFR 63,264,266Subpart EEEVol. 73, No. 68, pp. 18970-189844/8/2008 4/8/200817NESHAPs: Organic Liquids (Non-Gasoline)40CFR 63Subpart EEEE Vol. 73, No. 79, pp. 21825-21834 4/23/2008 7/22/2008Direct Final Rule; Stay. Vol. 73, No.106, pp. 31372-313766/2/2008 8/1/2008Standards of Performance for Equipment Leaks ofVOC in the Synthetic Organic Chemicals40CFR 60Subparts VV,Rule NameCFRFederal Register Promulgated EffectiveInterim Final Rule; Stay. Vol. 73,No. 106, pp. 31376-313806/2/20086/2/08-8/1/0819Standards of Performance for PetroleumRefineries40CFR 60Subpart J Vol. 73, No. 122, pp. 35838-35881 6/24/2008 6/24/200820NESHAPs for Source Category: GasolineDispensing Facilities40CFR 63SubpartCCCCCC Vol. 73, No. 123, pp. 35939-35944 6/25/2008 9/23/200821NESHAPs: Area Source Standards for Plating andPolishing Operations; Final Rule40CFR 63SubpartWWWWWWVol. 73, No. 127, pp. 37728-37749 7/1/2008 7/1/200822National Perchloroethylene Air Emission Standardsfor Dry Cleaning Facilities Final rule; withdrawal;revision.40CFR 63Subpart M Vol. 73, No. 134 pp. 39871-39875 7/11/2008 7/11/200823NESHAPs: Organic Liquids (Non-Gasoline) Finalrule; partial withdrawal of direct final rule;amendments.40CFR 63Subpart EEEEVol. 73, No. 138, pp.40977-409827/17/2008 7/22/200824NESHAPs for Semiconductor Manufacturing 40CFR 63 Vol. 73, No. 141, pp.42529-42532 7/22/2008 7/22/200825NESHAPs: Area Source Standards for Nine MetalFabrication and Finishing Source Categories; FinalRule40CFR 63SubpartXXXXXXVol. 73, No. 142, pp. 42978-43011 7/23/2008 7/23/200826Standards of Performance for PetroleumRefineries Final rule; stay of effective date40CFR 60Subpart JaVol. 73, No. 145, pp.43626-436277/28/20087/28/2008;Stayed until9/26/08Manufacturing Industry (SOCMI) & PetroleumRefineries18Vva, GGG,GGGa

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### ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD NOTICE OFHEARING AND REGULAR MEETING On March 11, 2009, at 5:30 PM, the Albuquer que-Bernalillo County Air Quality Control Board (AirBoard) will hold a public hearing in the Vincent E. Griego Chambers lo cated in the basement level of the Albuquerque-Bernalillo County Gove rnment Center, 400 Marquette Avenue NW, Albuquerque, NM. The hear ing will address: Proposal to amend 20.11.63 NMAC, New Source Performance Standards For Stationary Sources, by incorporating by reference new and modified New Source Performance Standard s published in 40 CFR 60, New Source Performance Standards (NSPS) through August 1, 2008. Proposal to amend 20.11.64 NMAC, Emission Standards For Hazardous Air Pollutants For Stationary Source s, by incorporating by reference new and modified standards published in 40 CFR 61, National Emission Standards For Hazardous Air Poll utants (NESHAP), and 40 CFR 63, National Emission Standards For Hazar dous Air Pollutants By Source Category (NESHAP by Source Ca tegory) through August 1, 2008. The Environmental Health Department s Air Quality Division routinely updates these regulations to incorporate federal requirements so that the Division can remain up to date on new and modified standards developed at the federal level. In addition, it is proposed that the EPA delegate to the Department the au thority to locally administer and enforce the standards referencedabove, throughout Albuquerque and Bernalillo County. Local delegation authorizes the Department to require local air pollution sources to comply with these standards. Following the hearing, the Air Board will hold its regular monthly meeting during which the Air Board is expected to consider adopting the proposed revisions to 20.11.63 NMAC, New Sour ce Performance Standards for Stationary Sources, and pr oposed revisions to 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources. The Air Quality Control Board is th e federally-delegated air quality authority for Albuquerque and Bern alillo County. Local delegation authorizes the Air Board to administer and enforce the Clean Air Act and the New Mexico Air Quality Contro l Act, and to require local air pollution sources to comply with ai r quality standards and regulations. Hearings and meetings of the Bo ard are open to the public and all interested persons are encouraged to participate. All persons who wish to testify regarding the subject of the hearing may do so at the hearing and will be given a reasonable opportunity to submit relevant evidence, data, views, and arguments, orally or inwriting, to introduce exhibits and to Pa g e 1 of 4 ABQ j ourna Le g als

12/16/2008 http ://le g als.ab qj ournal.com/le g als/index

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### examine witnesses in accordance with the Joint Air Quality Control Board Ordinances, Section 9-5-1-6 ROA 1994 and Bernalillo County Ordinance 94-5, Section 6. Anyone intending to present technical testimony at this hearing is required by 20.11.82 NMAC to submit a written Notice Of Intent to testif y (NOI) before 5:00pm on February 24, 2009, to: Attn: Hearing Clerk, Ms. Janice Amend, Albuquerque Environmental Health Department , P.O. Box 1293, Albuquerque, NM 87103, or, you may deliver your NOI to the Environmental Health Department, Room 3023, 400 Marquette Avenue NW. The NOI shall identify the name, address, and affi liation of the person testifying. In addition, written comments to be incorporated into the public record for this hearing should be received at th e above P.O. Box, or Environmental Health Department office, befo re 5:00 pm on March 4, 2009. Comments shall include the name and address of the individual or organization submitting the statemen t. Written comments may also be submitted electronically to jamend@cabq.gov and shall include the required name and address information. Interested persons may obtain a copy of the proposed regulation at the Environmental Health Department Office, or by contacting Ms. Janice Amend el ectronically at jamend@cabq.gov or by phone (505) 768-2601. NOTICE FOR PERSON WITH DISABILITIES: If you have a disability and/or require special assistance please call (505) 768-2600 [V oice] and special assi stance will be made available to you to review any publ ic meeting documents, including agendas and minutes. TTY users call the New Mexico Relay at 1-800- 659-8331 and special assistance will be made available to you to review any public meeting documents, includi ng agendas and minutes Journal: November 23, 2008. Published on November 23, 2008 ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD NOTICE OF RESCHEDULED HEARING On March 11, 2009, at 5:30 PM, the Al buquerque-Bernalillo County Air Quality Control Board (Air Board) was scheduled to hold a public hearing in the Vincent E. Griego Chambers located in the basement level of the Albuquerque-Bernalillo County Government Center, 400 Marquette Avenue NW , Albuquerque, NM. The hearing has been rescheduled for January 14, 2009 at the same time and place. The hearing will address: Proposal to amend 20.11.63 NMAC, New Source Performance Standards For Stati onary Sources, by incorporating by reference new and modified Ne w Source Performance Standards published in 40 CFR 60, New Source Performance Standards (NSPS) through August 1, 2008. Proposal to amend 20.11.64 NMAC, Emission Standards For Hazardous Air Pollut ants For Stationary Sources, by incorporating by reference new and modified standards published in 40 CFR 61, National Emission Standards For Hazardous Air Pollutants (NESHAP), and 40 CFR 63, National Emission Standards For Hazardous Air Pollutants By Source Category (NESHAP by Source Category) through August 1, 2008. The Environmental Health Department's Air Quality Division r outinely updates these regulations to incorporate federal requirements so that the Division can remain up to Pa g e 2 of 4 ABQ j ourna Le g als

12/16/2008 http ://le g als.ab qj ournal.com/le g als/index

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### date on new and modified standards de veloped at the federal level. In addition, it is proposed that the EP A delegate to the Department the authority to locally administer and enforce the standards referenced above, throughout Albuquerque and Be rnalillo County. Local delegation authorizes the Department to require local air pollution sources to comply with these standards. Follow ing the hearing, the Air Board will hold its regular monthly meeting duri ng which the Air Board is expected to consider adopting the propos ed revisions to 20.11.63 NMAC, New Source Performance Standards for Stationary Sources, and proposed revisions to 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources. The Air Quality Control Board is the federally-delegated air quality authority for Albuquerque and Bernalillo County. Local delegation authorizes the Air Board to administer and enforce the Clean Air Act and the Ne w Mexico Air Quality Control Act, and to require local air pollution s ources to comply with air quality standards and regulations. Hearings and meetings of the Board are open to the public and all interested person s are encouraged to participate. All persons who wish to testify regardi ng the subject of the hearing may do so at the hearing and will be give n a reasonable opportunity to submit relevant evidence, data, views, and arguments, orally or in writing, to introduce exhibits and to examine witnesses in accordance with the Joint Air Quality Control Board Ordina nces, Section 9-5-1-6 ROA 1994 and Bernalillo County Ordinance 94-5, Section 6, and 20.11.82 NMAC, Rulemaking Procedures -- Air Qua lity Control Board. Anyone intending to present technical testimony at this hearing is required by 20.11.82.20 NMAC to submit a written Notice Of Intent to testify (NOI) before 5:00pm on December 30, 2008, to: Attn : Hearing Clerk, Ms. Janice Amend, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or, you may deliver your NOI to the Environmental Health Department , Room 3023, 400 Marquette Avenue NW. The NOI shall: 1. identify the person for whom the witness or witnesses will testify; 2. identify each technical witness the person intends to present and state the qualifi cations of that witness, including a description of their ed ucational and work background; 3. summarize or include a copy of the direct testimony of each technical witness and state the anticipated duration of the testim ony of that witness; 4. include the text of any recommended modifications to the proposed regulatory change; and 5. list and describe, or attach, all exhibits anticipated to be offered by that person at the heari ng, including any proposed statement of reasons for adoption of rules. Inaddition, written comments to be incorporated into the public record for this hearing should be received at the above P.O. Box, or Environmental Health Department office, before 5:00 pm on January 7, 2009. Comments shall include the name and address of the individual or orga nization submitting the statement. Written comments may also be submitted electronically to j amend@cabq.gov and shall include the required name and address information. Interested persons may obtain a copy of the proposed regulation at the Envi ronmental Health Department Office, or by contacting Ms. Janice Amend elec tronically at jamend@cabq.gov or by phone (505) 768-2601. NOTICE FOR PE RSON WITH DISABILITIES: If you have a disability and/or require special assistance please call (505) Pa g e 3 of 4 ABQ j ourna Le g als

12/16/2008 http ://le g als.ab qj ournal.com/le g als/index

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### 768-2600 [Voice] and special assistance will be made available to you to review any public meeting documen ts, including agendas and minutes. TTY users call the New Mexico Relay at 1-800-659-8331 and special assistance will be made available to you to review any public meeting documents, including agendas and minutes Journal: December 7, 2008. Published on December 07, 2008 Pa g e 4 of 4 ABQ j ourna Le g als

12/16/2008 http ://le g als.ab qj ournal.com/le g als/index

_html/cli pp ed/? p friendl y =1

### New Mexico Register / Volume XIX, Number 23 / December 15, 2008

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD NOTICE OF HEARING AND REGULAR MEETING On January 14, 2009, at 5:30 PM, the Albuquerque-Bernalillo County Air Quality Control Board (Air Board) willhold a public hearing in the Vincent E. Griego Chambers located in the basement level of the AlbuquerqueBernalillo County Government Center, 400 Marquette Av enue NW, Albuquerque, NM. The hearing will address: Proposal to amend 20.11.63 NMAC, New Source Performance Standards For Stationary Sources , by incorporating by reference new and modified New Source Performance Standards published in 40 CFR 60, New Source Performance Standards(NSPS) through August 1, 2008. Proposal to amend 20.11.64 NMAC, Emission Standards For Hazardous Air Pollutants For Stationary Sources , by incorporating by reference new and modified standards published in 40 CFR 61, National Emission Standards For Hazardous Air Pollutants (NESHAP), and 40 CFR 63, National Emission Standards For Hazardous Air Pollutants By Source Category(NESHAP by Source Category) through August 1, 2008. The Environmental Health Department’s Air Quality Divi sion routinely updates these regulations to incorporate federal requirements so that the Division can remain up to date on new and modified standards developed at the federal level. In addition, it is proposed that the EPA dele gate to the Department the authority to locally administer and enforce the standards referenced above, throughout Albuquerque and Bernalillo County. Local delegation authorizes the Department to require local air po llution sources to comply with these standards. Following the hearing, the Air Board will hold its regular monthly meeting during which the Air Board is expected to consider adopting the proposed revisions to 20.11.63 NMAC, New Source Performance Standards for Stationary Sources , and proposed revisions to 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources

. The Air Quality Control Board is the federally-delegated air quality authority for Albuquerque and Bernalillo County. Local delegation authorizes the Air Board to administer and enforce the Clean Air Act and the New Mexico Air Quality Control Act, and to require local air pollution sources to comply with air quality standards and regulations. Hearings and meetings of the Board are open to the public and all interested persons are encouraged to participate. All persons who wish to testify regarding the subject of the hearing may do so at the hearing and will be given a reasonable opportunity to submit relevant evidence, data, views, and arguments, orally or in writing, to introduce exhibits and to examine witnesses in accordance with the Joint Air Quality Control Board Ordinances, Section 9-5- 1-6 ROA 1994 and Bernalillo County Ordinance 94-5, Section 6, and 20.11.82 NMAC, Rulemaking Procedures -- Air Quality Control Board. Anyone intending to present technical testimony at this hearing is required by 20.11.82.20 NMAC to submit a written Notice Of Intent to testify (NOI ) before 5:00pm on December 30, 2008, to: Attn: Hearing Clerk, Ms. Janice Amend, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or, you may deliver your NOI to the Environmental Health Department, Room 3023, 400 Marquette Avenue NW. The NOI shall: 1. identify the person for whom the witness or witnesses will testify; 2. identify each technical witness the person intends to present and state the qualifications of th at witness, including a description of their educational 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. include the text of any recommended modifications to the proposed regulatory change; and 5. list and describe, or attach, all exhibits anticipated to be offered by that person at the hearing, including any proposed statement of reasons for adoption of rules. In addition, written comments to be incorporated into the public record for this hearing should be received at the above P.O. Box, or Environmental Health Department office, before 5:00 pm on January 7, 2009. Comments shall include the name and address of the individual or or ganization submitting the statement. Written comments may also be submitted electronically to jamend@cabq.gov and shall include the required name and address information. Interested persons may obtain a copy of the proposed regulation at the Environmental Health Department Office, or by contacting Ms. Janice Amend electronically at jamend@cabq.gov or by phone (505) 768-2601.

### New Mexico Register / Volume XIX, Number 23 / December 15, 2008

NOTICE FOR PERSON WITH DISA BILITIES: If you have a disability and/or require special assistance please call (505) 768-2600 [Voice] and special assistance will be made available to you to review any public meeting documents, including agendas and minutes. TTY users call the New Mexico Relay at 1-800-659-8331 and special assistance will be made available to you to review any public meeting documents, including agendas and minutesAvailability of the Public Review Drafts for 20.11.63 NMAC & 20.11.64 NMAC 

## From: Butt, Neal T. [NButt@cabq.gov] Sent: Wednesday, November 19, 2008 11:46 AM To: Announce, Air Quality Subject: Availability of the Public Review Drafts for 20.11.63 NMAC & 20.11.64 NMAC Follow Up Flag: Follow up Flag Status: Purple
Attachments: 2008 Legal Ad Part 63-64.doc; 20.11.63 NMAC Public Review Draft 11-19-08.pdf; 20.11.64 NMAC Public Review Draft 11-19-08.pdf; Filed Petition for Hearing Part 63-64 without PRDs. pdf Please do not reply directly to this listserve announcement

The Air Quality Division is proposing to revise the date through which EPA has delegated local authority to the Division to enforce Federal New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs). These amendments are proposed for: 20.11.63 NMAC, NSPS for Stationary Sources , and 20.11.64 NMAC, Emissions Standards for Hazardous Air Pollutants for Stationary Sources . The new incorporated-by-reference date will be August 1, 2008. Copies of the proposed regulation amendments are attached. The text of the draft legal ad announcing the hearing on this proposal is also attached.


# Neal Butt Environmental Health Scientist Air Quality Division (505) 768-2660 <<2008 Legal Ad Part 63-64.doc>> <<20.11.63 NMAC Public Review Draft 11-19-08.pdf>> <<20.11.64 NMAC Public Review Draft 11-19-08.pdf>> <<Filed Petition for Hearing Part 63-64 without PRDs.pdf>> Happiness is a thing to be practiced like the violin
-- John Lubbock

file:///C|/Documents%20and%20Settings/ENVNTB/Deskt...s%20for%2020.11.63%20NMAC%20%2020.11.64%20NMAC.htm [12/16/2008 9:19:18 AM]

### air-quality-announce From: correo [root@correo.cabq.gov] Sent: Thursday, June 05, 2008 1:42 PM To: Butt, Neal T. Subject: air-quality-announce Follow Up Flag: Follow up Flag Status: Orange rcudney@swcp.com hershber@unm.edu mldumon@sandia.gov gdennis@cabq.gov gdingman@cabq.gov bjones@cabq.gov akearny@cabq.gov jliberatore@cabq.gov bortega@cabq.gov yrosario@cabq.gov mstebleton@cabq.gov Churchhw@aol.com du_mond@juno.com LRose@montand.com bagallegos@cabq.gov caaragon@cabq.gov ppuckett@cabq.gov itavarez@cabq.gov calbrecht@cabq.gov dgates@cabq.gov mltorrez@cabq.gov bmcgill@gcc.com mayor@cabq.gov flucero@cabq.gov dsalisbury@cabq.gov bwinter@cabq.gov msanchez@cabq.gov spruiell.stanley@epamail.epa.gov todd.robert@epamail.epa.gov ychavez@mercury.bernco.gov emckinley@mercury.bernco.gov msalazar@mercury.bernco.gov steve_dubyk@nmenv.state.nm.us belljd@vmcmail.com kobnews@swcp.com paul.burt@krqe.com ltafoya@mercury.bernco.gov tloner@cabq.gov drocha@cabq.gov nbennett@mercury.bernco.gov clehner@cabq.gov shivgoel@hotmail.com pchandler@bernco.gov Lany_Weaver@nmenv.state.nm.us Gail_Cooke@nmenv.state.nm.us Sandra_Ely@nmenv.state.nm.us rita_trujillo@nmenv.state.nm.us Brad_Musick@nmenv.state.nm.us slacy@doeal.gov dmckay@abqjournal.com karenflash@aol.com kmulloy@salud.unm.edu mpappas@e2m.net sricdon@earthlink.net fmacias@cabq.gov Page 1

### air-quality-announce jgould@doeal.gov hdoldew@sandia.gov lstark@cabq.gov tmenicucci@cabq.gov paul.silverman@geltmore.com mcarstens@deltapower.com rwilliams@classonetech.com EAdams@cabq.gov JCastillo@cabq.gov JCzar@cabq.gov MGomez@cabq.gov SMayer@cabq.gov JDileanis@cabq.gov MCadigan@cabq.gov EGriego@cabq.gov TCummins@cabq.gov RSertich@cabq.gov NBennett@bernco.gov SGallegos@bernco.gov TCummins@bernco.gov rdoucette@bernco.gov adgallegos@bernco.gov emckinley@bernco.gov planner@co.valencia.nm.us sricpaul@earthlink.net poienvir@nm.net danwestern@qwest.net aquaticpoolsinc.com aquatic004@aol.com ronfernandez@sandiaproperties.com Regtext@netscan.com dennisr@agc-nm.org dsumshler@worldnet.att.net vljaramillo@cabq.gov dnason@cabq.gov pmseby@5280law.com jhorton@agc-nm.org wacorrals@msn.com tlucero@mercury.bernco.gov TimW@mercury.bernco.gov sfish@mercury.bernco.gov gschroeder@mercury.bernco.gov TRAILSMGMT@aol.com betchang@salud.unm.edu gnryba@cybermesa.com nmpirg@pirg.org kkobam@citcomm.com rogerp@mercury.bernco.gov davem@bernco.gov jkelly@amafca.org lsk@swcp.com DRay@cabq.gov roger.o.mcclellan@att.net lmoye@pnm.com robby@swop.net swalters@cabq.gov bhall@cabq.gov ssummers@cabq.gov aduran@cabq.gov lthomas@geraldmartin.com jackson@high-desert.com moisessanchez@terra.cl stevem@bernco.gov Page 2

### air-quality-announce jleckst@sandia.gov hahwang@sandia.gov rsanchez@generalgrowth.com theresasanchez@cabq.gov jkubica@cabq.gov tagarcia@cabq.gov mcandelaria@cabq.gov bamaldonado@cabq.gov rmcclannahan@abqjournal.com cblewett@mrcog-nm.gov pgrice6622@aol.com jlovato@amafca.org aldaz@aps.edu tcallaha@slo.state.nm.us kwent2@unm.edu NButt@cabq.gov rbeverly8@msn.com sglass@cabq.gov nelsonconsulting@qwest.net broehm@wagnerequipment.com gnerich@hotmail.com bjbrockx@aol.com gary.henderson@erm.com mike.sullivan@wmeng.com mike@bmt-tank.com sfettes@cabq.gov jhamel@cabq.gov tmiller@cabq.gov valcole@flash.net mikehconsulting@aol.com kmaesta@pnm.com andrew.d.moen@intel.com helen.Rinehart@genmills.com DANIELDENTON@msn.com John.Tenison@valero.com Kordzi.Joe@epamail.epa.gov tlucero@bernco.gov jbrennan@abqjournal.com NNorem@pnm.com cabeyta@zianet.com ddailey@cabq.gov apuglisi@sandiapueblo.nsn.us swngaikido@yahoo.com gjoffe1@comcast.net Tomkuehn@where2fly.com ARogers967@aol.com sparker@ntec.org andy_berger@nmenv.state.nm.us julio171@unm.edu Joanne@1000friends-nm.org PatMcCraw@aol.com nucanm@nucanm.org hqhfarm@comcast.net rogerp@bernco.gov sdanciger@bernco.gov hoofprintspublication@hotmail.com domalley@cabq.gov mheinrich@cabq.gov cloy@cabq.gov msalazar@bernco.gov jowen@ci.rio-rancho.nm.us lori.snyder@ae.ge.com Jackie.Carnes@kirtland.af.mil Page 3

### air-quality-announce jcacklen@swcp.com scott.clark@kirtland.af.mil Jennifer.Dann@kirtland.af.mil nmcga@nmagriculture.org RSolomon@cabq.gov jlewis@cybermesa.com mark@markrudd.com marlagaye@aol.com caallen@5280law.com john.pike@kirtland.af.mil mbfernandez@aol.com tomasita@swop.net julio_dominguez1@yahoo.com krichards@bernco.gov Dalderete@cabq.gov Rosanne_Sanchez@nmenv.state.nm.us Jebrink@comcast.net khendricks@bernco.gov joyjoys@aol.com Shar.Alan@epamail.epa.gov msprick@mrcog-nm.gov sjlucero@cabq.gov rennie.sandra@epa.gov MNieto@cabq.gov carl.nord@etest.com Corey.Hansen@lafarge-na.com jwjengr@aol.com sfinch@shomaker.com raragon@donalddvigil.com tpedroncelli@cabq.gov Rosalind.Jones@state.nm.us mdavis@abqjournal.com pghahnphd@comcast.net orlando_r@msn.com phalajian@modrall.com Ggrace@bicnm.com asantistevan@cabq.gov mcampen@lrri.org mminturn2@comcast.net wcs@modrall.com felicia.orth@state.nm.us jdimas80@yahoo.com hseus@e2m.net mvanreenen@e2m.net jrodriguez@abqjournal.com SWarfield@cabq.gov rgedrim@msn.com dkenny@atlasabq.com. LSonntag@cabq.gov mollywhy2004@yahoo.com Yasmeen@mrgcd.com mclark@e2m.net brad.musick@state.nm.us orlando.r@msn.com klienemann@cabq.gov matthewc@bernco.gov mpenvironmental@msn.com kyle@rtoads.com Carolyn.Smith@state.nm.us Mark.Cubbage@americangypsum.com bxaragon@cabq.gov skanbar@cabq.gov claude.morelli@transnuevo.com Page 4

### air-quality-announce kristine.suozzi@state.nm.us kelowey@state.nm.us penland.catherine@epa.gov acgeng@aol.com kumba01@earthlink.net spaladugu@bernco.gov msbianca@sneej.org jprewitt6@comcast.net decorahamiel@aol.com west.regtxt@thomson.com cholloway@doeal.gov=20 rustycook4412@msn.com jmmause@sandia.gov mschluep@kleinfelder.com brian.degani@state.nm.us jeffrey.fredine@state.nm.us ray.matthew@state.nm.us clakins@domenicilaw.com dreyes@cabq.gov Marcelle.Fiedler@pnmresources.com nucanm@mail.nucanm.org lpacias@ydinm.org dcampbell@vogelcampbell.com jamend@cabq.gov todil@mckennalong.com randy@nmlobbyist.com lauren@environmentnewmexico.org lotero61@msn.com andy.berger@state.nm.us crh11@swcp.com nmcga@nmagriculture.org=20 ytapia@cabq.gov dgriffin@cabq.gov lori.snyder@ge.com ltollefson@mrcog-nm.gov toomuchdust@swcp.com gemroller@swcp.com jrchavez@abcwua.or RUEBUSH@AOL.COM jps3170@comcast.net RUEBUSHL@AOL.COM chris.keller@sunset-memorial.com paul.layer@frenchmortuary.com RPenttila@cabq.gov jennifer.dann@kirtland.af.mil=20 tyelar54@yahoo.com diane_souder@nps.gov DMANIGAN@Quikrete.com rdelapp@pnm.com Rtimma@MEGACORPING.com Rtimma@MEGACORPINC.com FGUCCILLO@msn.com Anihealth@AOL.com albWalt@yahoo.com pwade@classonetech.com SGLASS@ABCWUA.ORG ftuccillo@msn.com Young.Carl@epamail.epa.gov rjcroninnm@comcast.net oziewinter@yahoo.com Ksanchez-pare@cabq.gov \dmiera@bernco.gov \sdanciger@bernco.gov Page 5

### air-quality-announce dharris@cabq.gov tjones@cabq.gov rgarduno@cabq.gov ibenton@cabq.gov abqmetals@yahoo.com=20 maledo@cabq.gov jrchavez@abcwua.org ralph@southwayco.com jps317@comcast.net nnoren@pnm.com fgucillo@msn.com ftucillo@msn.com jp5317@comcast.net dmadigan@quikrete.com jens.deichmann@gmail.com mmenache@salud.unm.edu bill.grantham@state.nm.us

Page 6

### From: Butt, Neal T. Sent: Monday, September 29, 2008 10:28 AM To: Boyce, Ken (Boyce.Kenneth@epamail.epa.gov); Robinson.Jeffrey@epamail.epa.gov Cc: Shar.Alan@epamail.epa.gov; Nieto, Margaret ; Tavarez, Isreal L.; Amend, Janice C. Subject: EPA Review Drafts for 20.11.63 NMAC & 20.11.64 NMAC Follow Up Flag: Follow up Flag Status: Green
Attachments: 20.11.63 NMAC EPA Review Draft 9- 29-08.doc; 2008 Legal Ad Part 63- 64.doc; 20.11.64 NMAC EPA Review Draft 9-29-08.doc Ken & Jeff, The Air Quality Division is proposing to revi se the date through whic h EPA has delegated local authority to the Division to enforce Federal New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs). These amendments are proposed for: 20.11.63 NMAC, NSPS for Stationary Sources , and 20.11.64 NMAC, Emissions Standards for Hazardous Air Pollu tants for Stat ionary Sources . The new incorporated-byreference date will be August 1, 2008. Copies of the proposed regulation amendments are attached. The text of the draft legal ad announcing the hearing on this proposal is also attached. We anticipate going to hearing on either January 14 or February 11, 2009. Could you please provide us with comments by October 20, 2008? If you have any questions please let me know. Thank you.

Neal Butt Environmental Health Scientist Air Quality Division (505) 768-2660

20.11.64 NMAC EPA Review Draft... 2008 Legal Ad Part 63-64.doc (... 20.11.63 NMAC EPA Review Draft... 

### Let us be grateful to people who make us happy; they are the charming gardeners who make our souls blossom. -- Marcel Proust

# SLIDE 1 Good evening, Mr. Hearing Offi cer, Chairman Minturn, and members of the Board. My name is Neal Butt, and I work in the Control Strategies Section of th e Air Quality Division. I would like to present for your consideration, proposed amendments to 20.11.63 NMAC, New Source Performance Standards for Stationary Sources and 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources . The primary purpose for this hearing is to update these two regulations to incorporate the most up-to-date emissions standards that have been promulgated by the U.S. Envir onmental Protection Agency or “EPA”, in the Federal Register
I would first like to review the exhibits and then I will proceed with my presentation:
Exhibit 1 is the ‘Petition to Amend’ which was filed on October 28, 2008 and which includes the Public Review Drafts showing proposed amendments to 20.11. 63 NMAC and 20.11.64 NMAC;

# Exhibit 2 contains the Federal Regist er Notices that are being incorporated by reference by these proposed amendments;
Exhibit 3 shows the public notice, including the legal
advertisement of this hearing in the Albuque rque Journal and the New Mexico Register, as well as th e ‘Notice of Availability of the
Public Review Drafts’ which was sent to the Air Quality Announce
List Serve as well as a list of those individuals’ e-mail addresses;
Exhibit 4 shows the communication between AQD and EPA;
Exhibit 5 is a copy of my Direct Testimony and PowerPoint slides
and
Exhibit 6 is a draft of tonight’s meeting agenda. [Hearing officer moves them in] Thank you,
SLIDE 2 We are proposing to incorpor ate by reference the Federal
Emissions Standards found in Title40 of the Co de of Federal Regulations under Parts 60, 61 and 62. The reason that we incorporate these standards by re ference is that we are locally delegated by the EPA to administer and enforce federal provisions.

# These standards are applicable to sources of air pollution in Albuquerque and Bernalill o County. Once they are established in
the United States Code of Federal Regulations, or “CFR”, they are enforceable by EPA, irrespectiv e of us incorporating these standards into our regulations. Ho wever, it is beneficial to the
local businesses and industries to be able to workthrough us, the local agency, when obtaining ai r quality permits, rather than having to go through EPA Region6 in Dallas. Assuming the proposed amendments are adopte d by the Air Quality Control Board, we will request re-authori zation of our delegation of these standards through August 1, 2008.

SLIDE 3 The Clean Air Act, as amende d, requires under Section 111, Standards of Performance of New Stationary Sources , that, performance standards be set for source categories which in the judgment of the Administrator caus e or contribute significantly to air pollution. This Section incl udes the New Source Performance

# Standards found in 40 CFR Part 60, which is incorporated in our regulation, 20.11.63 NMAC.

SLIDE 4 Section 112, National Emission Standards for Hazardous Air
Pollutants , requires that emission st andards be established for hazardous air pollutants. This Section includes the standards for hazardous air pollutants promulgated within 40 CFR 61 and 40 CFR 63, which are incorporated into our regulation, 20.11.64 NMAC. In addition, Sections 111 (c) and 112 (d) of the Clean Air Act provide the Administrator of the EPA with the authority to delegate to State agenc ies the implementation and enforcement of
both these standards.

SLIDE 5 In order to delegate its auth ority, EPA must make a finding that the State’s procedures for implementing and enforcing NSPS and NESHAPS are adequate. There ar e nine elements that must be

# considered in order to support a finding that a State agency can implement and enforce the NSPS and NESHAPS programs effectively. These elements are: 1. Emission limits consistent with Federal regulations; 2. Test me thods consistent with Federal regulations; 3. Reporting and monitoring requirements; 4. Enforcement; 5. Waivers (variance) procedures; 6. Surveillance; 7. Public notification and disclosure of information; 8. Resources; and 9. Reporting to EPA We are required by EPA to periodically update our delegation of 40 CFR Parts 60, 61 , & 63, and with each delegation renewal, we reaffirm that we have the resource s and ability to comply with these nine elements. If the Board adopts the propos ed updates and amendments to 20.11.63 NMAC and 20.11.64 NMAC, the Division will transmit the adopted and filed regulations to the U.S. EPA along with an updated request to renew our de legation of these important
emission standards.

# SLIDE 6 That concludes my presentatio n, and I stand for questions.PROPOSAL TO AMEND20.11.63 NMAC,NSPS FOR STATIONARY SOURCES,&20.11.64 NMAC,EMISSION STANDARDS FORHAZARDOUS AIR POLLUTANTS FOR STATIONARYSOURCESNeal Butt, Environmental Health ScientistNeal Butt, Environmental Health ScientistAlbuquerque Environmental Health DepartmentAlbuquerque Environmental Health DepartmentAir Quality DivisionAir Quality DivisionControl Strategies SectionControl Strategies SectionMargaret Nieto, Control Strategies SupervisorMargaret Nieto, Control Strategies SupervisorRationale for Updated DelegationRationale for Updated Delegation•Routine update to incorporate newRoutine update to incorporate newand modified federal standardsand modified federal standards•Authorizes Department to locallyAuthorizes Department to locallyadminister and enforce the standardsadminister and enforce the standardsthroughout Albuquerque andthroughout Albuquerque andBernalillo CountyBernalillo CountyKey RevisionsKey Revisions•Amend 20.11.63 NMAC,Amend 20.11.63 NMAC,New SourceNew SourcePerformance Standards for StationaryPerformance Standards for StationarySources,Sources,by changingby changing“incorporationincorporationby referenceby reference”cutoff date fromcutoff date fromOctober 28, 2006October 28, 2006to August 1, 2008 forto August 1, 2008 forall new and modifiedall new and modifiedNSPS’spublished at 40 CFR 60,published at 40 CFR 60,NSPSthrough that datethrough that dateKey RevisionsKey Revisions•Amend 20.11.64 NMAC,Amend 20.11.64 NMAC,EmissionEmissionStandards For Hazardous AirStandards For Hazardous AirPollutants For Stationary SourcesPollutants For Stationary Sourcesbychangingchanging“incorporationincorporationbyreferencereference”cutoff date from Octobercutoff date from October28, 200628, 2006to August 1, 2008 for all newto August 1, 2008 for all newand modified standards published atand modified standards published at40 CFR 61,40 CFR 61,NESHAP, and at 40 CFR, and at 40 CFR63,NESHAP by Source Category,NESHAP by Source Category,through that datethrough that dateEPA RequirementsEPA Requirements1) Emission limits2) Test methods3) Reporting and monitoring requirements4) Enforcement5) Waivers (variance) procedures6) Surveillance7) Public notification8) Resources; and9) ReportingQUESTIONS?

### Date: January 14, 2009 (Wednesday) Time: 5:30 p.m. General inquires regarding this agenda may be directed to Janice Amend (505) 768-2601 (jamend@cabq.gov). Location: Vincent E. Griego Chambers Albuquerque-Bernalillo County Government Center 400 Marquette NW Albuquerque, NM 

### Hearing Proposal to Amend 20.11.63 NMAC, New Source Performance Standards For Stationary Sources, and 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, and request for updated dele gation of authority from EPA. Regular Monthly Meeting Draft Agenda
CALL TO ORDER
Item #1 Approval of Agenda (Chair)
Item #2 Approval of December 10, 2008 Meeting Minutes (Chair)
ACTION ITEMS
Item #3 Decision on Proposal to Amend 20.1 1.63 NMAC, New Source Performance Standards For Stationary Sources, and 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, and request for updated delegation of authority from EPA.
REPORTS Division Reports provided in writin g. Staff available for questions.
Item # 4 Monthly Air Quality website update – J. Amend
OTHER BUSINESS
Item #5 Board vacancies.
Item #6 Reminder of upcoming regulatory hearings:

• February 11, 2009 , Proposal to Amend 20.11.104 NMAC, Emission Standards for New Motor Vehicles By Making Minor Language Modifications. 

## A L B U Q U E R Q U E 

## - B E R N A L I L L O 

## C O U N T Y 

## A I R 

## Q U A L I T Y 

## C O N T R O L 

## B O A R D

Chair, Mr. Mike Minturn, City Vice Chair , Mr. Jens Deichmann, County Dr. Matthew Campen, PhD, City Mr. Augustine Grace III, PE, City Mr. Art Sharpe, City Louis Pacias, BCPC Liaison Vacant, County Vacant, County Mr. Isreal Tavarez, Air Quality Di vision, Secretary to the Board

### • April 9, 2009 , Proposal to Repeal and Replace 20.11.41 NMAC, Authority to Construct with 20.11.41 NMAC, Stationary Source Permits and to incorporate the new 20.11.41 NMAC, Stationary Source Permits into the New Mexico State Implementation Plan (SIP) for Air Quality.
PUBLIC COMMENT
ADJOURNMENT
NEXT SCHEDULED BOARD MEETING AND HEARING : February 11, 2009, 5:30 p.m.

Members of the public who wish to address the Board, may do so by signing up with the Board Clerk and indicating either the agenda item they intend to address, or whether they wish to make a general public comment. Sign up must occur prior to the Board’s consider ation of each item. Each person will begiven up to two minutes to speak.

**Notice to persons with disabilities: If you have a disability and require special assistance to participate in this process, please call 311 (Voice) and special assistance will be made available to you to receive any public meeting documents, including agendas and minutes. TTY users may request special assi stance by calling 1-800-659- 8331.**

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 1 BEFORE THE ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
IN THE MATTER OF THE: PROPOSAL TO AMEND 20.11.63 NMAC, NEW SOURCE PERFORMANCE STANDARDS FOR STATIONARY SOURCES, AND 20.11.64 NMAC, EMISSION STANDARDS FOR HAZARDOUS POLLUTANTS FOR STATIONARY SOURCES, AND REQUEST FOR UPDATED DELEGATION OF AUTHORITY FROM EPA.

HEARING AND MEETING BEFORE AIR QUALITY CONTROL BOARD

BE IT REMEMBERED that on the 14th day of January, 2009, this matter came on for a hearing before BILL GRANTHAM, Hearing Officer, at the Vincent E. Griego Chambers of the Albuquerque/Bernalillo County Government Center, 400 Marquette, Northwest, Albuquerque, New Mexico, at the hour of 5:30 PM.

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 2 1 A P P E A R A N C E S 2 FOR THE ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD: 3 MR. MIKE MINTURN, Chair 4 DR. MATTHEW CAMPEN, PhD MR. ART SHARPE 5 MR. AUGUSTINE GRACE III, PE MR. JENS DEICHMANN 6 HEARING OFFICER: 7 MR. BILL GRANTHAM 8 FOR THE CITY OF ALBUQUERQUE: 9 ROBERT M. WHITE 10 CITY ATTORNEY 1 Civic Plaza, Northwest 11 Albuquerque, New Mexico 87102 BY: MS. ADELIA KEARNEY 12 Deputy City Attorney 13 FOR THE ENVIRONMENTAL HEALTH DEPARTMENT: 14 MR. NEAL BUTT Environmental Health Department 15 1 Civic Plaza, Northwest Albuquerque, New Mexico 87102 16 17 I N D E X 18 NEAL BUTT PAGE 19 Direct Testimony 7 20 Examination by the Board 12 21 Monthly Meeting 20 22 23 24 25

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 3 1 E X H I B I T S PAGE 2 1. Petition of Amend and Public Review Drafts 20.11.63 & 64 NMAC 9 3 2. NSPS & NESHAPS Promulgated by EPA 4 10/28/06 through 8/1/08 9 5 3. Public Notices 9 6 4. EPA Review 9 7 5. Direct Testimony and slides 9 8 6. AQCB Draft Agenda, 1/14/09 9 9 10
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## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 4 1 MR. GRANTHAM: Good evening. This public 2 hearing is being held on January 14th, 2009, in the 3 Vincent E. Griego Chambers of the Albuquerque/Bernalillo 4 County Government Center in Albuquerque, New Mexico. 5 The time is 5:33. 6 This is a hearing of the Albuquerque/ 7 Bernalillo County Air Quality Control Board to consider 8 the proposal to amend, first, 20.11.63 NMAC, New Source 9 Performance Standards For Stationary Sources, and 10 20.11.64 NMAC, Emission Standards For Hazardous Air 11 Pollutants For Stationary Sources, and finally, to 12 request the updated delegation of authority from the US
13 EPA. 14 My name is Bill Grantham. I am an attorney, 15 and I advise the Board. I am not a member of the Board. 16 I am authorized by the Board to conduct this hearing. 17 The members present at this time are Dr. Matthew Campen, 18 Chairman Mike Minturn, Vice-Chair Jens Deichmann, and 19 Mr. Art Sharpe, and Mr. Augustine Grace is not present. 20 I will note if he shows up at a later time. 21 The court reporter tonight is Catherine Leon 22 from the Kathy Townsend Court Reporting firm; and if 23 anybody wants a transcript, they should ask that firm 24 and will have to pay for the transcript. 25 I note the Air Board hearings do not follow

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 5 1 the rules of evidence as used in a court of law. 2 However, the Board must make its decision based on sworn 3 testimony and evidence admitted at this hearing. That 4 sworn testimony will become a part of the hearing 5 record. 6 I will limit the testimony that is irrelevant 7 or repeats testimony already given. I will also rule on 8 the admissibility of any evidence presented and any 9 motions or objections made. 10 I remind the Board that in making its 11 regulations in accordance with the New Mexico Air 12 Quality Act, Section 74.25(e), the Board shall give the 13 weight it deems appropriate to all facts and 14 circumstances, including but not limited to, one, the 15 character and degree of injury to or interference with 16 the health, welfare, visibility and property; and, two, 17 the public interest, including the social and economic 18 value of the sources and those subjects near the 19 contaminants. 20 I will note for the record that Mr. Grace is 21 now here at 5:36. 22 We will begin this hearing with testimony from 23 the proponent, the Air Quality Division of the 24 Albuquerque Environmental Health Department, and after 25 that, if any, additional proponents will have an

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 6 1 opportunity to testify, followed by any opponents of the 2 regulation. 3 If you want to testify and have not done so, 4 please sign up at this time at the signup sheet in the 5 back of the room. 6 Everyone who wishes to testify will be sworn 7 in by the court reporter before giving the testimony, 8 and each witness must identify himself or herself for 9 the record and state his or her name, address and if 10 they represent someone or an organization, who that 11 person or organization is. After each witness has 12 testified, the Air Board members and I may question the 13 witness. 14 Following questions by myself or the Board, 15 anybody else who has questions can also question the 16 witness. However, the questions for the witness must be 17 related to the testimony they have just given. In 18 addition, a person asking questions does not have to be 19 sworn in, but you cannot use your opportunity for 20 questions as an opportunity to testify. There will be 21 an opportunity to testify at a different time in the 22 meeting -- in the hearing, excuse me. 23 After the hearing closes tonight, since a 24 quorum is present, the Board will conduct its regular 25 meeting, and it is on the agenda to take action on the

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 7 1 proposal, which is the subject of this hearing. 2 So, again, if anybody would like to give 3 testimony, public comment, please sign up in the back of 4 the room, and with that, we will hear from the division. 5 Thank you. 6 NEAL BUTT 7 after having been first duly sworn under oath, 8 was questioned and testified as follows: 9 DIRECT TESTIMONY 10 MR. BUTT: Thank you, Mr. Hearing Officer, 11 Chairman, members of the Board. My name is Neal Butt. 12 I work in the Control Strategies Section of 13 the Air Quality Division, and I would like to present 14 for your consideration proposed amendments to 20.11.63 15 NMAC, New Source Performance Standards For Stationary 16 Sources, and 20.11.64 NMAC, Emission Standards For 17 Hazardous Air Pollutants For Stationary Sources. 18 The primary purpose of this hearing is to 19 update these two regulations to incorporate the most 20 up-to-date emission standards that have been promulgated 21 by the United States Environmental Protection Agency or 22 EPA in the Federal Register. 23 I would first like to review the exhibits, and 24 then I will proceed with my presentation. 25 Exhibit 1 is the petition to amend, which was

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 8 1 filed on October 28th, 2008, and which includes the 2 public review drafts showing proposed amendments to 3 20.11.63 NMAC and 20.11.64 NMAC, labeled AQD Exhibits 1A 4 and 1B, respectively. 5 Exhibit 2 contains the Federal Register 6 notices that are being incorporated by reference by 7 these proposed amendments in electronic format. There 8 is also a hard copy of the table of contents listing all 9 of those Federal Registers in a matrix. 10 Exhibit 3 shows the public notices, including 11 the legal advertisement of this hearing in the 12 Albuquerque Journal and the New Mexico Register, as well 13 as the Notice of Availability of the Public Review 14 Drafts, which was sent to the Air Quality Announce 15 ListServe, as well as a list of those individuals' 16 e-mail addresses. 17 Exhibit 4 shows the communication between the 18 Division and EPA. 19 Exhibit 5 is a copy of my direct testimony and 20 includes the PowerPoint presentation. 21 Exhibit 6 is a draft of tonight's meeting 22 agenda. 23 Do you want to move those in now or at the 24 end. 25 MR. GRANTHAM: Now would be fine.

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 9 1 Any objection to the admission of the exhibits 2 to the record? 3 Hearing none, they are admitted. 4 (AQD Exhibits 1 through 6 admitted.) 5 MR. BUTT: Thank you. 6 We are proposing to incorporate by reference 7 the Federal Emissions Standards found in Title 40 of the 8 Code of Federal Regulations under Parts 60, 61 and 62. 9 The reason that we incorporate these standards 10 by reference is that we are locally delegated by the EPA 11 to administer and enforce federal provisions. These 12 standards are applicable to sources of air pollution in 13 Albuquerque and Bernalillo County. 14 Once they are established in the United States 15 Code of Federal Regulations, or CFR, they are 16 enforceable by EPA, irrespective of us incorporating 17 these standards into our regulations. However, it is 18 beneficial to the local businesses and industries to be 19 able to work through us, the local agency, when 20 obtaining air quality permits, rather than having to go 21 through EPA Region 6 in Dallas. 22 Assuming the proposed amendments are adopted 23 by the Board, we will request reauthorization of our 24 delegation of these standards through August 1st of
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## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 10 1 The Clean Air Act, as amended, requires under 2 Section 111, entitled Standards of Performance of New 3 Stationary Sources, that performance standards be set 4 for source categories which, in the judgment of the 5 administrator, cause or contribute significantly to air 6 pollution. This section includes the New Source 7 Performance Standards found in 40 CFR Part 60, which is 8 incorporated in our regulation 20.11.63 NMAC. 9 Section 112, entitled National Emission 10 Standards For Hazardous Air Pollutants, requires that 11 emission standards be established for hazardous air 12 pollutants. This section includes the standards for 13 hazardous air pollutants promulgated within 40 CFR 60 14 and 40 CFR 63, which are incorporated into our 15 regulation 20.11.64 NMAC. 16 In addition, Sections 111(c) and 112(d) of the 17 Clean Air Act provide the administrator of the EPA with 18 the authority to delegate to state agencies the 19 implementation and enforcement of both these standards. 20 In order to delegate its authority, EPA must 21 make a finding that the State's procedures for 22 implementing and enforcing NSPS and NESHAPS are 23 adequate. 24 There are nine elements that must be 25 considered in order to support a finding that a state

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 11 1 agency can implement and enforce the NSPS and NESHAPS 2 programs. 3 These elements are, one, emission limits 4 consistent with federal regulations; two, test methods 5 consistent with federal regulations; three, reporting 6 and monitoring requirements; four, enforcement; five, 7 waivers or variance procedures; six, surveillance; 8 seven, public notification and disclosure of 9 information; eight, resources; and, nine, reporting to
10 EPA. 11 We are required by EPA to periodically update 12 our delegation of 40 CFR, Parts 60, 61 and 63, and with 13 each delegation renewal, we reaffirm that we have the 14 resources and the ability to comply with these nine 15 elements. 16 If the Board adopts the proposed updates and 17 amendments to 20.11.63 NMAC and 20.11.64 NMAC, the 18 division will transmit the adopted and filed regulations 19 to the United States Environmental Protection Agency, 20 along with an updated request to renew our delegation of 21 these important emission standards. 22 That concludes my presentation, and I stand 23 for questions. 24 MR. GRANTHAM: Any questions from members of 25 the Board? Mr. Deichmann?

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 12 1 EXAMINATION 2 BY THE BOARD: 3 MR. DEICHMANN: Thank you, Mr. Hearing 4 Officer. Mr. Butt, I just have a practical question. 5 Could you give us just a few words on what the 6 practical effect of this is, of these changes? 7 MR. BUTT: Sure, Chairman and Mr. Deichmann. 8 The main help of this is that all these regs are federal 9 laws, and so everyone in the country has to abide by 10 them, regardless of what we do tonight, but it's been 11 beneficial to local sources that, one, we can enforce on 12 them locally and not have to have EPA step in, so it is 13 more of a personal ability and more control on the 14 ground, like boots on the ground, so to speak. 15 Then another large help is that if there is a 16 particular law that is complicated or affects a lot of 17 sources in the county, and those sources would like to 18 have it explained to them or would like to have a 19 seminar or workshop or some one-on-one help in how to 20 comply with that law, they can come us to instead of 21 trying to call Dallas and trying to get a call back. 22 For instance, if there is a new requirement on 23 the dry cleaners which recently was adopted, instead of 24 having to try and do some kind of communication with 25 Dallas, we can set up a workshop and go through it piece

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 13 1 by piece so they understand it so it is a lot more clear 2 to them. 3 MR. DEICHMANN: Excuse me, I guess what I'd 4 like to know is, so what changes have occurred -- for 5 the benefit of the Board as well as the public, what 6 changes have been promulgated by EPA that requires us to 7 adopt those changes? 8 It is not real clear just from reading this 9 without going through a lot of material, and I'd like to 10 make sure everybody understands if there are any 11 substantive changes. 12 MR. BUTT: This is all the Federal Registers 13 that have been passed -- 14 MR. DEICHMANN: I don't want you to read 15 them. 16 MR. BUTT: -- since the last time I was before 17 you. That is why I put them on CD, so it wouldn't take 18 up so much paper. Then the index alleviates you having 19 to go through Federal Register by Federal Register, and 20 it lists all of the Federal Registers that have been 21 promulgated from NESHAPS and NSPS in the past two years 22 that shows what source -- sources are affected so that 23 the public and yourself can look at that index and see 24 whether it is germane to that business and when it was 25 promulgated, and those laws are going to be swept up

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 14 1 into this reauthorization of delegation. 2 MR. DEICHMANN: I guess what I am trying to 3 understand is within that volume there of changes, is 4 there anything substantive that has any kind of public 5 health impacts or ramifications, either a lowering of 6 standards or raising of standards? 7 MR. BUTT: I think they all have ramifications 8 and are all important. 9 The dry cleaner standards have been 10 strengthened, and I don't have memorized all these 11 standards, but they are all significant changes. 12 MR. DEICHMANN: The reason I am pursuing this 13 is just because I know that from my own perspective, 14 there's been some efforts to weaken some of the 15 environmental laws or regulations in the past several 16 years, and I just want to make sure that what it is that 17 we are listening to or considering tonight doesn't 18 basically have us buy into anything like that, and I 19 don't have any really good way of understanding that or 20 knowing that. 21 MR. BUTT: I couldn't tell you whether they 22 are relaxed from the past, but what I can tell you is 23 that all sources have to comply with them, regardless. 24 MR. DEICHMANN: I am sorry? 25 MR. BUTT: All sources in the United States

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 15 1 have to comply with them because they are federal law, 2 regardless of whether or not they -- we think they are 3 back-sliding or whether or not they have a political 4 agenda. 5 So whether or not we pass this, all sources 6 still have to comply. If they don't comply, they will 7 have to answer to EPA for it. 8 MR. DEICHMANN: I understand. 9 MR. BUTT: I am not a subject matter expert on 10 each rule, so I don't know if they are being relaxed, 11 but they are codified as federal law, and as a matter of 12 housekeeping, we like to have all the ones that they 13 pass as current as possible in your regulations, both so 14 we can explain it to the sources and both for 15 housekeeping. 16 MR. DEICHMANN: Thank you. 17 I understand what we are doing here is just 18 that, but I do feel a little uncomfortable kind of 19 ratifying, if you will, something that I really don't 20 know what I am ratifying. 21 MR. BUTT: The wrinkle to that is if it was 22 being relaxed, and there was something that made you or 23 the public uncomfortable, it would have to be filed as 24 public comment when the federal rule was released as 25 proposed, because all these get released the same way we

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 16 1 do. 2 They propose it to the nation, then if there 3 is any sources or environmental groups or anybody else 4 who has a problem with it, then they give 60 or more 5 days to comment. 6 They take it into consideration, then they 7 modify the rule as necessary, and then they promulgate 8 it and make it final, same way we do. So the window for 9 commenting on whether or not the rules are better or 10 worse than before has passed. 11 MR. DEICHMANN: I understand. Thank you. 12 Thank you, Mr. Hearing Officer. 13 MR. GRANTHAM: Mr. Chair, did you have a 14 question? 15 Other members of the Board? 16 The index that you referred to that is before 17 all the members of the Board, I believe this is not one 18 of the six exhibits, is that correct? 19 MR. BUTT: It is -- well, it is Exhibit 2, AQD 20 Exhibit 2, but it is in an electronic format. It is on 21 that CD. 22 I neglected to make it a paper version until 23 tonight, so it goes into your exhibit packet under 2. 24 MR. GRANTHAM: So the CD contains the full 25 text of all of the federal standards that have been

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 17 1 promulgated, and that also includes this index? 2 MR. BUTT: Right. Right. 3 MR. GRANTHAM: Okay. Thanks for that 4 clarification. 5 MR. BUTT: It is part of AQD Exhibit 2, that 6 particular section is printed out, and this part is also 7 part of the exhibit, but it is not printed out. 8 MR. GRANTHAM: Thank you. 9 If there are no further questions from the 10 Board, I ask at this point if there are questions from 11 members of the audience for this witness? 12 There appear to be no questions. 13 Thank you, Mr. Butt. 14 MR. BUTT: Thank you. 15 MR. GRANTHAM: Are there any members of the 16 audience who have signed up to testify? 17 Apparently, there are no audience members 18 wishing to present comments. 19 At this point, I will ask if there is any 20 objection to closing of the hearing? 21 Hearing none, the hearing is closed at --
22 excuse me. 23 MR. DEICHMANN: Ms. Menache would like to ask 24 a question. 25 MR. GRANTHAM: Thank you.

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 18 1 Ms. Menache -- Dr. Menache? 2 MS. MENACHE: Thank you. 3 My question relates back to just if it is a 4 request for updated delegation of authority, then was 5 this exact authority delegated before, and if it wasn't, 6 is there something substantive in how it differs? 7 MR. GRANTHAM: Mr. Butt, would you like to 8 answer that? 9 MR. BUTT: Yes. 10 We have been delegated for some time now. 11 This is the third one I have done since I have worked 12 here, and I usually do it every two years, and we have 13 had delegation going back since before I worked here, 14 but every two years, I have done it. This is now the 15 third one, so we already had it. We authorize it every 16 two years. 17 MR. GRANTHAM: Mr. Butt, before you leave, 18 that reminds me of a question I did have regarding the 19 nine factors that EPA looks at in delegation, the nine 20 elements in reaffirming those, reaffirming the 21 division's capacity. 22 Do you make a demonstration on each of those 23 nine elements, or is it -- does EPA accept basically a 24 reaffirmation without further documentation of each 25 element.

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 19 1 MR. BUTT: They don't have -- for new 2 documentation, what they do is have a letter signed by 3 the director of environmental health affirming that we 4 do, indeed, are continuing to meet all these nine 5 elements. 6 MR. GRANTHAM: Okay. Thank you. 7 Further questions or members who wish -- of 8 the audience who wish to either make a public comment or 9 ask questions at this point? 10 Hearing none, again, I will ask if there is 11 any objection to closure of the hearing. 12 Hearing none, the hearing is now closed at 13 5:56 p.m. 14 Thank you. 15 (Public hearing concluded at 5:56 p.m.)
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## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 20 1 REGULAR MONTHY MEETING 2 MR. GRANTHAM: For the regular monthly 3 meeting, item number 1 is approval of the agenda. 4 Is there a motion to approve the agenda? 5 Is there a second? 6 Thank you. 7 All in favor raise your hand. 8 (Vote taken.) 9 MR. GRANTHAM: It passes unanimously. 10 Item number 2 is the approval of the December 11 10th, 2008, meeting minutes. 12 If everyone has had a chance to look at them 13 and there are no questions, is there a motion to approve 14 the minutes? Moved by Mr. Grace. 15 Is there a second? 16 DR. CAMPEN: Second. 17 MR. GRANTHAM: Seconded by Dr. Campen. 18 All those in favor raise your right hand. 19 (Vote taken.) 20 MR. GRANTHAM: Passes unanimously. 21 We will move on to action items. 22 Item number 3 being the decision on the 23 hearing we just had concerning the proposal to amend 24 20.11.63 NMAC, New Source Performance Standards For 25 Stationary Sources, and 20.11.64 NMAC, Emission

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 21 1 Standards For Hazardous Air Pollutants For Stationary 2 Sources and request for updated delegation of authority 3 from the EPA to the Division. 4 Is there a motion to approve this item? 5 MR. DEICHMANN: Moved. 6 MR. GRANTHAM: Moved by Mr. Deichmann. 7 Is there a second? 8 MR. GRACE: Second. 9 MR. GRANTHAM: Seconded by Mr. Grace. 10 Is there any discussion of the item? 11 MR. MINTURN: Ms. Nieto? 12 MS. NIETO: Yes. You had a resolution in your 13 packet. 14 MR. MINTURN: Do I need to read it before any 15 discussion? 16 Resolution number 2009-1 adopting amendments 17 to Albuquerque/Bernalillo County Air Quality Control 18 Board regulations 20.11.63 NMAC, New Source Performance 19 Standards For Stationary Sources, 20.11.64 NMAC, 20 Emission Standards For Hazardous Air Pollutants For 21 Stationary Sources, and request for updated delegation 22 of authority from EPA. 23 Whereas, the New Mexico Air Quality Control 24 Act, Air Act, NMSA 74-2-5, requires the 25 Albuquerque/Bernalillo County Air Quality Control Board,

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 22 1 the Air Board, to adopt, promulgate, publish, amend and 2 repeal regulations consistent with the Air Quality 3 Control Act to obtain and maintain national ambient air 4 quality standards and prevent or abate air pollution, 5 including regulations prescribing air standards within 6 Bernalillo County, and to meet requirements of the 7 United States Clean Air Act, the City of Albuquerque and 8 Bernalillo County Joint Air Quality Control Board 9 Ordinances, and the Albuquerque/Bernalillo County Air 10 Quality Control Board, Air Board, Regulations; and 11 Whereas, on January 14th, 2009, the Air Board 12 held a public hearing in the Vincent E. Griego Chambers 13 in the basement of the Albuquerque/Bernalillo County 14 Government Center, One Civic Plaza, Northwest, in 15 Albuquerque, New Mexico, and the hearing was held 16 consistent with the notice requirements of the New 17 Mexico Air Quality Control Act; and 18 Whereas, on January 14th, 2009, the Air Board 19 met and determined that updating the local Air Quality 20 Control Board regulations to incorporate the latest 21 federal emission standards for criteria air pollutants 22 and hazardous air pollutants provides an efficient and 23 effective way to implement these standards and ensure 24 that the health and welfare of individuals in the 25 community are protected; and

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 23 1 Whereas, at the January 14th, 2009, public 2 hearing, testimony was presented to establish a present 3 need or reasonably anticipated future need which exists 4 to warrant taking the following actions to help prevent 5 or abate air pollution; and 6 Whereas, it is necessary at the local level to 7 keep the delegation by the United States Environmental 8 Protection Agency for implementing federal emission 9 standards up-to-date. 10 Now, therefore be it resolved by the Board 11 that: 12 One, regarding 20.11.63 NMAC, New Source 13 Performance Standards For Stationary Sources, the Board 14 hereby adopts the amendments to 20.11.63 NMAC as 15 proposed in the Exhibit 1A which was admitted at the 16 January 14th, 2009, hearing. 17 Two, regarding 20.11.64 NMAC, Emission 18 Standards For Hazardous Air Pollutants For Stationary 19 Sources, the Board hereby adopts the amendments to 20 20.11.64 NMAC as proposed in the AQD Exhibit 1B which 21 was admitted at the January 14th, 2009, hearing. 22 Three, the Board hereby directs staff to take 23 all action necessary to renew the U.S. Environmental 24 Protection Agency's delegation of the adopted standards 25 to the local Albuquerque/Bernalillo County Air Program.

## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 24 1 Four, the effective date of the amendments to 2 20.11.63 NMAC and 20.11.64 NMAC shall be February 16th, 3 2009. 4 Five, staff is directed to submit the 5 amendments to 20.11.63 NMAC and 20.11.64 NMAC to the 6 State Records Center in the format currently required by 7 the State Records Center without changing the substance 8 of the amendments as adopted by the Air Board on January 9 14th, 2009. 10 So, now, is there a motion to approve the 11 resolution?
12 MR. DEICHMANN: Move. 13 MR. GRANTHAM: Moved by Mr. Deichmann. 14 Is it seconded? 15 MR. GRACE: Second. 16 MR. GRANTHAM: Seconded by Mr. Grace, okay. 17 Any discussion? 18 There being no discussion, all those in favor 19 raise their right hands. 20 (Vote taken.) 21 MR. GRANTHAM: Passes unanimously. 22 (Meeting concluded at 6:00 p.m.)
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## 505-243-5018 KATHY TOWNSEND COURT REPORTERS Page 25 1 STATE OF NEW MEXICO ) ) Ss. 2 COUNTY OF BERNALILLO ) 3 4
5 6 7 I, CATHERINE LEON, the officer before whom the 8 foregoing proceedings was taken, do hereby certify that 9 I personally recorded the proceedings by machine 10 shorthand; that said transcript is a true record of the 11 proceedings; that I am neither attorney nor counsel for, 12 nor related to or employed by any of the parties to the 13 action in which this proceeding is taken, and that I am 14 not a relative or employee of any attorney or counsel 15 employed by the parties hereto or financially interested 16 in the action.
17 18 CATHERINE LEON 19 CCR License Number: 71 Expires: 12/31/09 20 21 22 23 24 25