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/ordsjor Sla/ionary Sources

and 20.11.64 NMAC, Emissiof! Standardsfor /-Iazardoll,f Air Pollutanlsfor 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 Standardsjor 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-

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and 6 , tandards r which delegacion i b Ln

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II

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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

D Repeal D Emergency

2

1.

Renumber

1....:....7_,--'-"--"""-.=;...._"'-'--'- 11 .8.~Efl:ective.:date: 12/16/09

Please list attachments

and Internetsite(s) if

applicable

Amendment

No X Yes

New 0

1..=5;.:..',..;:::Ji""¥,,,,~:..;:~c...:bfi:.:.' • .::iR;;:,:,(J::.;,I.::;ei::..A:.,:Ct;,;:;I-=Q.I'l::.,:'_....;:;,.__--"''--_-='---''-_...:....:::.--'-'' -.:...::.''''-'-- 1

o

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

Name:

Title:

Mr. Mike Minturn

Board Chjlir \Q

Check ifdelegated

authority c:.!J

IDt~ll~.t
This 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 of40 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 lNCORPORATIO~ 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 IPh # I

(505) 768-

one 2660 IFAX 1505-768-2617

E-mail Nbutt@cabq.gov

Repeal D Emergency o

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 NMAC1Citation

Amended four sections (to update delegation by EPA) 20.11.64 NMAC Sections I, 2,

11 & 12

'~14 IA~e fhe~e;-any,'mater'ialsincorporateClI:,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 domainD

~6 .Legal citation(~) tbat:allows the Issuing Agem;yto r~ulate and the IssuingAuthodtyto 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~-onfile} ,i

Name: Mr. Mike Minturn

Title: Bo~.r:.d Ch~ir .r--=-

I~A~f~\ SiclOature \

Check ifdelegated

authority [:!]

I ULf!01

Date Signed
This 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 ofEnergy 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 ofAlbuquerque 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, NEWSOURCE PERFORMANCE STANDARDS FOR STATIONARY

SOURCES, AND 20.11.64 NMAC, EMISSIONSTANDARDS 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 ofAlbuquerque 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 ofNorth 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 ofAlbuquerque'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

Standardsjar Stationary Sources and 20.11.64 NMAC, Emission Standardsjor 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- J965

Notice of Intent Page 3 of 4

•
CERTIFICATION

1hereby certify that on December 22, 2008, an Oliginal and nine copies ofthis 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

Standardsjar 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 Standardsfor 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

3
20.11.63.5 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

20.11.63.7 DEFINITIONS: [Reserved]

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]

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20.11.63 NMAC Public Review Draft, 10/28/08
1

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 2
TITLE 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 DURAnON: 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: [ReservedJ

20.11.64 NMAC Public Review Draft 10128/08
20.11.64.8 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

POLLUTANTS: 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 MODlFICATlONS 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 61.02, 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 2
shalt 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. Iiled

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 3
Rule Name CFR Federal Register Promu

1 NESHAP: Oil and Natural Gas Production Facilities: Final Area Source Rule. 40CFR63 Subpart HH Vol. 72, No. 1, pp. 26-43 1/3/2

2

NESHAP for Area Sources: Polyvinyl Chloride and Copolymers Production, Primary Copper Smelting, Secondary Copper Smelting, and Primary Nonferrous Metals-- Zinc, Cadmium, and BerylliumFinal Rule

40CFR63 Subparts DDDDDD, EEEEEE, FFFFFF & GGGGGG

Vol. 72, No. 14, pp. 2930-2961 1/23/

3

NESHAP for Area Sources: Acrylic and Modacrylic Fibers Production, Carbon Black Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving; Final Rule

40CFR63 Subpart LLLLLL, MMMMMM, NNNNNN, OOOOOO, PPPPPP & QQQQQQ

Vol. 72, No 135, pp. 38864-38917 7/16/

4

NESHAP for Area Sources: Clay Ceramics Manufacturing, Glass Manufacturing, and Secondary Nonferrous Metals Processing; Final Rule

40CFR63 Subpart RRRRRR, SSSSSS & TTTTTT

Vol. 72, No. 246, pp. 73179-73211 12/26

5 NESHAP for Area Sources: Hospital Ethylene Oxide Sterilizers; Final Rule 40CFR63 Subpart WWWWW Vol. 72, No. 248, pp. 73611-73625 12/286 NESHAP for Area Sources: Electric Arc Furnace Steelmaking Facilities; Final Rule 40CFR63 Subpart YYYYY Vol. 72, No. 248, pp. 74088-74116 12/287 NESHAP Area Sources: Iron and Steel Foundries; Final Rule 40CFR63 Subpart ZZZZZ Vol. 73, No.1, pp. 226-265 1/2/2

8

NESHAP for Area Sources: Paint Stripping and Miscellaneous Surface Coating Operations ; Final Rule 

40CFR63 Subpart HHHHHH

Vol. 73, No.6, pp. 1738-1768 1/9/2

NSPS and NESHAPs Promulgated From October 29, 2006 Through August 1, 2008
Rule Name CFR Federal Register Promu

9 NESHAP for Area Sources: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; 

and Gasoline Dispensing Facilities; Final Rule

40CFR63 Subpart BBBBBB & CCCCCC

Vol. 73, No. 7, pp. 1916-1953 1/10/

10

Standards of Performance for Stationary Spark Ignition Internal Combustion Engines and NESHAPs for Reciprocating Internal Combustion Engines (RICE); Final Rule 

40CFR60 Subpart JJJJ 40CFR63 Subpart ZZZZ

Vol. 73, No. 13, pp. 3567-3614 1/18/

11

NESHAP for Iron and Steel Foundries

40CFR63 Subpart EEEEE Vol. 73, No. 26, pp. 7210-7223 2/7/2

12

NESHAP: Paint Stripping and Miscellaneous Surface Coating Operations At Area Sources; Correction 

40CFR63 Subpart HHHHHH

Vol. 73, No.30, pp. 1738-1768 2/13/

13

NESHAP for Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities; Correction

40CFR63 Subpart BBBBBB & CCCCCC

Vol. 73, No. 46, pp. 12275-12276 3/7/2

14

Amendments to NESHAP for Area Sources: Acrylic 

and Modacrylic Fibers Production, Carbon Black Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving; Direct Final Rule

40CFR63 Subpart LLLLLL, MMMMMM, NNNNNN, OOOOOO, PPPPPP & QQQQQQ

Vol. 73, No 59 pp. 15923-15930 3/26/

15 National Perchloroethylene Air Emission Standards 

for Dry Cleaning Facilities

40CFR 63 Subpart M Vol. 73, No. 63, pp. 17252-17257 4/1/2

16

NESHAPs: Standards for Hazardous Waste Combustors

40CFR 63, 264,266 Subpart EEE

Vol. 73, No. 68, pp. 18970-18984

4/8/2

17 NESHAPs: Organic Liquids (Non-Gasoline) 40CFR 63 Subpart EEEE Vol. 73, No. 79, pp. 21825-21834 4/23/

Direct Final Rule; Stay. Vol. 73, No. 106, pp. 31372-31376 6/2/2

Standards of Performance for Equipment Leaks of 

VOC in the Synthetic Organic Chemicals 

40CFR 60 

Subparts VV, 
Rule Name CFR Federal Register Promu

Interim Final Rule; Stay. Vol. 73, No. 106, pp. 31376-31380 6/2/2

19

Standards of Performance for Petroleum Refineries

40CFR 60 Subpart J Vol. 73, No. 122, pp. 35838-35881 6/24/

20

NESHAPs for Source Category: Gasoline Dispensing Facilities 

40CFR 63 Subpart CCCCCC Vol. 73, No. 123, pp. 35939-35944 6/25/

21

NESHAPs: Area Source Standards for Plating and Polishing Operations; Final Rule 

40CFR 63 Subpart WWWWWW

Vol. 73, No. 127, pp. 37728-37749 7/1/2

22

National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities Final rule; withdrawal; revision.

40CFR 63 Subpart M Vol. 73, No. 134 pp. 39871-39875 7/11/

23

NESHAPs: Organic Liquids (Non-Gasoline) Final rule; partial withdrawal of direct final rule; amendments.

40CFR 63 Subpart EEEE Vol. 73, No. 138, pp.40977-40982 7/17/

24 NESHAPs for Semiconductor Manufacturing 40CFR 63 Vol. 73, No. 141, pp.42529-42532 7/22/25 NESHAPs: Area Source Standards for Nine Metal 

Fabrication and Finishing Source Categories; Final Rule 

40CFR 63 Subpart XXXXXX

Vol. 73, No. 142, pp. 42978-43011 7/23/

26 Standards of Performance for Petroleum 

Refineries Final rule; stay of effective date 

40CFR 60 Subpart Ja Vol. 73, No. 145, pp.43626-43627 7/28/

Manufacturing Industry (SOCMI) & Petroleum 

18 Refineries

Vva, GGG, 

GGGa
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ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY 

CONTROL BOARD NOTICE OF HEARING AND REGULAR 

MEETING On March 11, 2009, at 5:30 PM, the Albuquerque-Bernalillo 

County Air Quality Control Board (Air Board) will 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 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 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 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. 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 

ABQjourna Legals Page 1 of 4

http://legals.abqjournal.com/legals/index_html/clipped/?pfriendly=1 12/16/2008
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 testify (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 affiliation of the person testifying. 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 March 4, 2009. Comments 

shall include the name and address of the individual or organization 

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. NOTICE FOR PERSON WITH 

DISABILITIES: 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 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 Albuquerque-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 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 Division routinely updates these regulations to 

incorporate federal requirements so that the Division can remain up to 

ABQjourna Legals Page 2 of 4

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clip

date on new and modified standards developed at the federal level. In 

addition, it is proposed that the EPA delegate 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 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 

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 that 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 organization 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. NOTICE FOR PERSON WITH DISABILITIES: 

If you have a disability and/or require special assistance please call (505) 

ABQjourna Legals Page 3 of 4

http://legals.abqjournal.com/legals/index_html/clipped/?pfriendly=1 12/16/2008
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 minutes Journal: December 7, 2008. 

Published on December 07, 2008

ABQjourna Legals Page 4 of 4

http://legals.abqjournal.com/legals/index_html/clipped/?pfriendly=1 12/16/2008
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) will 

hold a public hearing in the Vincent E. Griego Chambers located in the basement level of the AlbuquerqueBernalillo County Government Center, 400 Marquette Avenue 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 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 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. 

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 that 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 organization 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 DISABILITIES: 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 minutes 
Availability 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

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gdennis@cabq.gov

gdingman@cabq.gov

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msanchez@cabq.gov

spruiell.stanley@epamail.epa.gov

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ychavez@mercury.bernco.gov

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clehner@cabq.gov

shivgoel@hotmail.com

pchandler@bernco.gov

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slacy@doeal.gov

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paul.silverman@geltmore.com

mcarstens@deltapower.com

rwilliams@classonetech.com

EAdams@cabq.gov

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JCzar@cabq.gov

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SMayer@cabq.gov

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MCadigan@cabq.gov

EGriego@cabq.gov

TCummins@cabq.gov

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rdoucette@bernco.gov

adgallegos@bernco.gov

emckinley@bernco.gov

planner@co.valencia.nm.us

sricpaul@earthlink.net

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danwestern@qwest.net

aquaticpoolsinc.com

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ronfernandez@sandiaproperties.com

Regtext@netscan.com

dennisr@agc-nm.org

dsumshler@worldnet.att.net

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dnason@cabq.gov

pmseby@5280law.com

jhorton@agc-nm.org

wacorrals@msn.com

tlucero@mercury.bernco.gov

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TRAILSMGMT@aol.com

betchang@salud.unm.edu

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nmpirg@pirg.org

kkobam@citcomm.com

rogerp@mercury.bernco.gov

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lsk@swcp.com

DRay@cabq.gov

roger.o.mcclellan@att.net

lmoye@pnm.com

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ssummers@cabq.gov

aduran@cabq.gov

lthomas@geraldmartin.com

jackson@high-desert.com

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stevem@bernco.gov

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jleckst@sandia.gov

hahwang@sandia.gov

rsanchez@generalgrowth.com

theresasanchez@cabq.gov

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tagarcia@cabq.gov

mcandelaria@cabq.gov

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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

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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

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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

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dkenny@atlasabq.com.

LSonntag@cabq.gov

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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

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kristine.suozzi@state.nm.us

kelowey@state.nm.us

penland.catherine@epa.gov

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msbianca@sneej.org

jprewitt6@comcast.net

decorahamiel@aol.com

west.regtxt@thomson.com

cholloway@doeal.gov=20

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jeffrey.fredine@state.nm.us

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clakins@domenicilaw.com

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Marcelle.Fiedler@pnmresources.com

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RUEBUSH@AOL.COM

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chris.keller@sunset-memorial.com

paul.layer@frenchmortuary.com

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tyelar54@yahoo.com

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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 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-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 Officer, Chairman Minturn, and 

members of the Board. My name is Neal Butt, and I work in the 

Control Strategies Section of the 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. Environmental 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 Register 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 Albuquerque Journal and the 

New Mexico Register, as well as the ‘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 incorporate by reference the Federal 

Emissions Standards found in Title 40 of the Code of Federal 

Regulations under Parts 60, 61 and 62. The reason that we 

incorporate these standards by reference 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 Bernalillo County. Once they are established in 

the United States Code of Federal Regulations, or “CFR”, they are 

enforceable by EPA, irrespective of us incorporating these 

standards into our regulations. However, it is beneficial to the 

local businesses and industries to be able to work through us, the 

local agency, when obtaining air quality permits, rather than 

having to go through EPA Region 6 in Dallas. Assuming the 

proposed amendments are adopted by the Air Quality Control 

Board, we will request re-authorization of our delegation of these 

standards through August 1, 2008. 

SLIDE 3 

 The Clean Air Act, as amended, 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 cause or contribute significantly to 

air pollution. This Section includes 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 standards 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 agencies the implementation and enforcement of 

both these standards. 

SLIDE 5 

 In order to delegate its authority, EPA must make a finding 

that the State’s procedures for implementing and enforcing NSPS 

and NESHAPS are adequate. There are 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 methods 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 resources and ability to 

comply with these nine elements. 

 If the Board adopts the proposed 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 delegation of these important 

emission standards. 
SLIDE 6 

 That concludes my presentation, and I stand for questions. 
PROPOSAL TO AMEND

20.11.63 NMAC, NSPS FOR STATIONARY SOU

20.11.64 NMAC, EMISSION STANDARDS F

HAZARDOUS AIR POLLUTANTS FOR STATIO

SOURCES

Neal Butt, Environmental Health Scientist Neal Butt, Environmental Health Scientist

Albuquerque Environmental Health Department Albuquerque Environmental Health Department

Air Quality Division Air Quality Division

Control Strategies Section Control Strategies Section

Margaret Nieto, Control Strategies Supervisor Margaret Nieto, Control Strategies Supervisor
Rationale for Updated Deleg

Rationale for Updated Deleg

• Routine update to incorporate new Routine update to incorporate new 

and modified federal standards and modified federal standards

• Authorizes Department to locally Authorizes Department to locally 

administer and enforce the standa

administer and enforce the standa

throughout Albuquerque and throughout Albuquerque and Bernalillo County Bernalillo County
Key Revisions Key Revisions

• Amend 20.11.63 NMAC, Amend 20.11.63 NMAC, New Sour

New Sour

Performance Standards for Statio

Performance Standards for Statio

Sources, Sources, by changing by changing 

“incorporat

incorpora

by reference by reference

” cutoff date from cutoff date from 

October 28, 2006 October 28, 2006 to August 1, 200

to August 1, 200

all new and modified all new and modified NSPS’s

published at 40 CFR 60, published at 40 CFR 60, NSPS 

through that date through that date
Key Revisions Key Revisions

• Amend 20.11.64 NMAC, Amend 20.11.64 NMAC, Emission Emission 

Standards For Hazardous Air Standards For Hazardous Air Pollutants For Stationary Sources Pollutants For Stationary Sources 

changing changing 

“incorporation incorporation by 

reference reference

” cutoff date from Octob

cutoff date from Octob

28, 2006 28, 2006 to August 1, 2008 for all n

to August 1, 2008 for all 

and modified standards published 

and modified standards published 

40 CFR 61, 40 CFR 61, NESHAP, and at 40 CF

, and at 40 CF

63, NESHAP by Source Category, NESHAP by Source Category, through that date through that date
EPA Requirements EPA Requirements

1) Emission limits2) Test methods3) Reporting and monitoring requirem4) Enforcement5) Waivers (variance) procedures6) Surveillance7) Public notification8) Resources; and 9) Reporting
QUESTIONS?
 

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 delegation 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 20.11.63 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 

delegation of authority from EPA. 

REPORTS Division Reports provided in writing. 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. 

AL B U Q U E R Q U E-B E R N A LI L L O C O U N T Y

AI R QU A LI 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 Division, 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 consideration of each item. Each person will be given 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 assistance 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.
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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
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KATHY TOWNSEND COURT REPORTERS

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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

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25
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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
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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
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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
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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
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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.
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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

25 2008.
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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
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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?
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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
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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
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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
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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
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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
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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.
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KATHY TOWNSEND COURT REPORTERS

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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.
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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.)

16

17

18

19

20

21

22

23

24

25
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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
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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,
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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
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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.
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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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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

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